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HomeMy WebLinkAboutCity Council - 07/20/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 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 Heritage Room II I. FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD Council Chamber II. OPEN PODIUM A. DANIEL ZEIEN—DOG LICENSES & RECREATIONAL FIRE GUIDELINES B. TAMIYA SMITH—JUVENILE JUSTICE ISSUES C. TOM HUFFMAN-BUDGET III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 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 Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM THE TOM AND KATHY MILLER FOUNDATION B. DONATION FROM THE FRIENDS OF BIRCH ISLAND WOODS C. DONATION FROM THE FRIENDS OF THE EDEN PRAIRIE ART CENTER D. DONATION FROM THE EDEN PRAIRIE BASEBALL AND SOFTBALL ASSOCIATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 15, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION SECURITY UPDATE B. RECOMMENDATION BY THE PARKS,RECREATION & NATURAL RESOURCES COMMISSION TO RECONSIDER TRAIL CONNECTIONS FOR STARING LAKE AND RILEY CREEK—RICE MARCH LAKE CITY COUNCIL AGENDA July 20, 2010 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE USE OF ES&S MODEL 650 CENTRAL BALLOT COUNTER FOR 2010 ELECTIONS C. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH HENNEPIN COUNTY FOR THE WAY 2GO WELLNESS PROGRAM D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR WATERMAIN REPLACEMENT AND EXTENSION PROJECTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR THE TH 5 SANITARY SEWER REPAIR IX. PUBLIC HEARINGS/MEETINGS A. DON RICHARD REZONING by Awad& Koontz Architects Builders Inc. Request for Zoning District change from Rural to R1-13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. Contact Ali Awad. (Ordinance for Zoning District Change) B. PROPOSED PARK& RECREATION FEES FOR 2011 C. VACATION OF DRAINAGE AND UTILITY EASEMENT—LOT 2, BLOCK 1,WHISPERING RIDGE (Resolution) D. MITCHELL/LONE OAK SAA 06-04 SIGNAL LIGHT REASSESSMENT (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. DON RICHARD REZONING by Awad& Koontz Architects Builders Inc. Second Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. (Ordinance for Zoning District Change) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Staring Lake Trail—Council Member Case CITY COUNCIL AGENDA July 20, 2010 Page 3 2. Request for Update on State Auditor's Investigation—Council Member Case B. REPORT OF CITY MANAGER 1. Xcel Transmission Line Replacement Project 2. Flying Cloud Fields and Community Gardens Lease Proposals from Metropolitan Airports Commission C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Metropolitan Council's Housing and Affordable Goals D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion- Fields 2. Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion— Commercial Site—MAC Site E. REPORT OF PUBLIC WORKS DIRECTOR 1. Professional Services Agreement with SL-SERCO Inc. for Phase 2 I & I Services Home Inspections F. REPORT OF POLICE CHIEF 1. Chicken Policy 2. Night to Unite G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Standards for Granting Land Use Variances XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: July16, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, July 20, 2010 TUESDAY,JULY 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. MONEY MAGAZINE RECOGNITION OF EDEN PRAIRIE B. DONATION FROM THE TOM AND KATHY MILLER FOUNDATION Synopsis: Mike Garvin, along with family and friends, has continued to recruit funds to be used towards future phases for the Miller Park Barrier Free Play Area. Over $200,000 has been previously contributed, an additional $400.00 has been raised towards future phases of the project. Eden Prairie resident Mike Garvin approached staff with a pledge to assist with the funding for a Barrier Free Play Area at Miller Park. Mr. Garvin's family has made use of similar play areas while visiting other states. Mr. Garvin and his wife recognized the benefits and positive impacts that a barrier free play area can have for people with all types of abilities. Miller Park is one of three community parks and receives a higher amount of use than neighborhood parks and smaller play structures. Over the past several years, staff has maintained the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of the replacement parts are no longer available due to the age of the equipment. Funds were budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of the play area. Mr. Garvin and his family have committed funds to add to the amount of work that is able to be ANNOTATED AGENDA July 20,2010 Page 2 performed and enhance the accessibility of the play area. Increased accessibility will certainly be beneficial for children who use wheelchairs,but past experience has shown that accessible surfaces and play components also offer greater access and enjoyment to all users. MOTION:_Move to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of $400 to assist with funding for future development of the Miller Park Barrier Free Play Area. C. DONATION FROM THE FRIENDS OF BIRCH ISLAND WOODS Synopsis: City of Eden Prairie staff has been working closely with members of Friends of Birch Island Woods to implement restoration projects. On April 17, 2010, members of Friends of Birch Island Woods planted trees and shrubs in an area of Birch Island Woods that has been in need of restoration. In addition to their volunteer planting labor, a financial contribution to the City of Eden Prairie in the amount of $2,636.92 has been made to cover the plant materials, fencing and watering system. MOTION: Move to accept the donation from the Friends of Birch Island Woods in the amount of $2636.92 to assist with funding of forestry supplies. D. DONATION FROM THE FRIENDS OF THE EDEN PRAIRIE ART CENTER Synopsis: On Thursday, May 13, 2010 from 6-8:30 pm the Friends of the Eden Prairie Art Center hosted a "Wine Tasting &Art Auction" at the School of Wise II. The theme for the evening was Art inspires our palate. Guests enjoyed sipping many wines from regions around the world plus samples of food paired with each wine. An auction of original art work from local artists in glass,jewelry, water color and mixed media contributed to the fundraising activities. All proceeds benefited the Eden Prairie Art Center's purchase of capital equipment to support programming. The Friends of Eden Prairie Art Center is donating $2,000 to the Art Center. MOTION: Move to accept the donation from the Friends of Eden Prairie Art Center in the amount of $2,000 to assist with funding for equipment at the Art Center. E. DONATION FROM THE EDEN PRAIRIE BASEBALL AND SOFTBALL ASSOCIATIONS Synopsis: Hennepin County recently awarded a grant through the Hennepin Youth Sports Program for improvements to Miller Park baseball and softball fields. In addition to the $110,000 grant funds, $70,000 is being contributed from the Eden Prairie Softball Association and$50,000 from the Eden Prairie Baseball Association. No City of Eden Prairie funds are being used for this project. ANNOTATED AGENDA July 20,2010 Page 3 City of Eden Prairie staff approached local athletic associations to make them aware of the grant opportunity. The Eden Prairie Baseball Association and the Eden Prairie Softball Associations responded with interest in pursuing an application to install covered players benches, replace the scoreboards on all eight fields and add a hitting/ pitching practice area at Miller Park. Both associations have been raising funds but do not currently have sufficient funds to complete the entire project. The associations agreed to provide matching funds and assist City of Eden Prairie staff with the application process. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. The grant must be submitted by a local government organization. A council resolution authorizing the submission of the grant application occurred on March 24th, 2010. City of Eden Prairie staff completed the application and will now oversee the construction project. The estimated cost of the project is $230,000. No City of Eden Prairie funds will be used for this project. All funding is a combination of contributions from the softball and baseball associations and grant money from Hennepin County. The purpose of the grants are to allow municipalities,park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. MOTION: Move to accept the contributions from the Eden Prairie Baseball and Softball Associations as Contributing Funds towards the Hennepin Youth Sports Program Grant for Miller Park Baseball and Softball Field Improvements. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 15, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 2010 ANNOTATED AGENDA July 20,2010 Page 4 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION SECURITY UPDATE Jeff Larsen, Vice Chairman of the Commission will present a brief report for the Council. Synopsis: The Flying Cloud Airport Advisory Commission has completed its 2010 biennial Report to Council on the Review of Security at Flying Cloud Airport and is attached for your review. In 2007, the City Council directed the Commission to review existing security at the Flying Cloud Airport and to determine if any additional efforts on airport security should be made. The initial report was presented to the Council on August 7, 2007. This year's panel guests included Chris Knowles, Inspector for the Transportation Security Administration; Rob Reynolds, Eden Prairie Police Chief; George Esbensen, Eden Prairie Fire Chief; and Mitch Anderson,pilot and Airport Support Network Volunteer for the Aircraft Owners and Pilots Association(AOPA). A number of airport infrastructure projects have been implemented since our last Security Report in 2008, some of which have enhanced the security of the airport. • Extension and widening of the south parallel runway from 3,900 ft to 5,000 ft. • New ILS approach and guidance lighting • Visual approach lighting • VOR relocated east of Flying Cloud Drive • South side building area infrastructure completed • Removal of old hangars deemed as obstructions • Perimeter road around airport separating airside and landside movements • Installation of new security fence completely around the airport, together with locked key pad access gates • Sanitary sewer and water installed along north side hangar area • Redevelopment of new hangars on north side hangar area Flying Cloud Airport Advisory Commission Findings 1. Based on the experts involved, Flying Cloud Airport is considered secure and a model for others to follow. 2. The experts all agree the Flying Cloud Airport has exceeded the security requirements for a typical airport of its size and type. At this time no further security suggestions or improvements have been identified by the experts. 3. MAC has a great working relationship with the City Police and Fire. 4. MAC, working with AOPA airport support network, continues to strengthen the "Community Watch"by airport businesses and tenants. ANNOTATED AGENDA July 20,2010 Page 5 B. RECOMMENDATION BY THE PARKS, RECREATION & NATURAL RESOURCES COMMISSION TO RECONSIDER TRAIL CONNECTIONS FOR STARING LAKE AND RILEY CREEK—RICE MARCH LAKE Synopsis: Recommendation by the Parks, Recreation and Natural Resources Commission to Reconsider the Trail Connections for Staring Lake and Riley Creek- Rice Marsh Lake. On Monday, July 12, 2010, the Parks, Recreation and Natural Resources Commission discussed the action items from the previous City Council meeting specific to the trail connections for Staring Lake and Riley Creek- Rice Marsh Lake. Following lengthy discussion, the commission unanimously passed the motion listed below: Motion: Strongly recommend that the City Council reconsider the June 20, 2010 vote to delay the new trail construction segments near Staring Lake and Riley Lake—Rice Marsh Lake based upon the following: 1. Eden Prairie taxpayers/voters specifically approved and authorized$2,000,000 for trail projects in the 2005 referendum. 2. The economic climate supports moving forward now with these trail projects as bids for the trail projects are measurably less than the original estimates. 3. It is preferable to move forward on the trail projects and save Eden Prairie taxpayers money based on construction of the trails rather than delaying the projects and engaging in re-bidding and risking high construction costs in the future. 4. The current construction bids for the trail projects will lapse on August 3, 2010. Accordingly, if the City Council does not reconsider approval of the projects at its regularly scheduled meeting on July 20, 2010, the known cost savings will be lost. 5. The $2,000,000 in funds approved by Eden Prairie voters in the 2005 referendum are earmarked specifically for trail improvements and projects and the funds cannot be utilized for any other purpose. 6. By their vote to approve and authorize $2,000,000 in expenditures for trail projects in the 2005 referendum, Eden Prairie voters have already voiced that such expenditures are a priority and a highly valued commodity. These trail connections, particularly Staring Lake, increases safety by providing an underpass for safe crossing. 7. This Commission strongly recommends reconsideration and approval of the Staring Lake and Riley Lake—Rice Marsh Lake trail projects from 2005 referendum funds specifically authorized and limited for this purpose when construction bids are significantly less than estimated as the most prudent stewardship of such funds on behalf of Eden Prairie tax payers. VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA July 20,2010 Page 6 B. APPROVE USE OF ES&S MODEL 650 CENTRAL BALLOT COUNTER FOR 2010 ELECTIONS C. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH HENNEPIN COUNTY FOR THE WAY 2GO WELLNESS PROGRAM D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR WATERMAIN REPLACEMENT AND EXTENSION PROJECTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR THE TH 5 SANITARY SEWER REPAIR F. 78th STREET MARKET by Oppidan. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the C- HWY on 1.22 acres, Resolution for Site Plan Review on 1.22 acres. Location: 8045 Flying Cloud Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) IX. PUBLIC HEARINGS/MEETINGS A. DON RICHARD REZONING by Awad & Koontz Architects Builders Inc. Request for Zoning District change from Rural to R1-13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. Contact Ali Awad. (Ordinance for Zoning District Change) Official notice of this public hearing was published in the July 8, 2010,Eden Prairie News and sent to 29 property owners. Synopsis: This is a rezoning of a single family lot from Rural to R1-13.5 located at 12205 Sunnybrook Road. The proposed lot conforms to the requirements of the R1- 13.5 zoning district for lot size and lot dimensions. The lot is a non-conforming Rural Zoned property since it does not meet the 10-acre minimum lot size. The owner wants to build an addition to the existing garage and connect the garage to the house. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on September 18, 2010. The Planning Commission voted 4-0 to recommend approval of the rezoning from Rural to R1-13.5 at the June 28, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Zoning District Change from Rural to R1-13.5 on 1.07 acres ANNOTATED AGENDA July 20,2010 Page 7 B. PROPOSED PARK & RECREATION FEES FOR 2011 Official notice of this public hearing was published in the July 8, 2010,Eden Prairie News. Synopsis: Staff is submitting the proposed changes to fees and charges for inclusion in the 2011 budget. This item was reviewed and discussed by the Parks, Recreation and Natural Resources Commission and was unanimously recommended for City Council approval. A notice of the public hearing appeared in the July 8th Eden Prairie News. These fees and charges are a part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. Proposed increases from 2010—2011 are: 1. Ice Hourly Rental Rate will increase $5 per hour for all season fees. 2. Riley Jacques Barn rental rates will increase from $40 - $45 per hour. 3. Monthly and annual membership rates will increase an average of 3%. 4. Oak Point Pool Rental Rates will increase an average of 3%. 5. Ballfield lighting charges for tournaments will be calculated by the hour versus a flat fee. Additional fees for 2011 are: 1. Preferred caterer vendor fees Resident businesses $50 annual fee Non-resident business $100 annual fee 2. Group rental catering fees Rooms 101 and 203 and viewing areas $10 for rental Rooms 202 and 204 $15 for rental Room 201, Small Group Cambria and Lounge $25 for rental Large Group Cambria Gym, Rink 3 $50 for rental Fees and charges are established for programs and services offered through the Parks and Recreation Department. Historically, the fees and charges have been approved by the City Council towards the end of the calendar year. From a practical standpoint, this meets the requirement for inclusion into the next year's budget. However, in order to promote the programs and services that these fees and charges are associated with in a timely manner(approximately September), staff has had to assume that these fees would be acceptable to the City Council. In order to advance the timeline for approval and allow time for additional comments and suggestions, staff is proposing the following timeline: June Review proposed fees and charges with the Parks, Recreation and Natural Resources Commission July Submit to City Council for Approval Late Fall Include with Resolution for all City Fees and Charges January Implement Approved Fees ANNOTATED AGENDA July 20,2010 Page 8 MOTION: Motion to approve the proposed Park and Recreation fees and charges for inclusion in the 2011 budget. C. VACATION OF DRAINAGE AND UTILITY EASEMENT — LOT 2, BLOCK 1,WHISPERING RIDGE (Resolution) Official notice of this public hearing was published in the July 1, 2010,Eden Prairie News and sent to 7 property owners. Synopsis: The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 2, Block 1, Whispering Ridge to facilitate the building of a swimming pool. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 2, Block 1, Whispering Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. D. MITCHELL/LONE OAK SAA 06-04 SIGNAL LIGHT REASSESSMENT (Resolution) Official notice of this public hearing was published in the May 27, 2010,Eden Prairie News and sent to 5 property owner. Synopsis: On May 16, 2006, the City entered into Special Assessment Agreement 06-04 with Lone Oak Center, LLC, regarding traffic signal improvements to the Mitchell Road and Lone Oak Road intersection, which have been completed. The City received a deposit in the amount of$12,500 from the Developer of the property at the time the Developer petitioned the City to complete the above-referenced public improvements. The City proposed to apply the afore-mentioned deposit to the assessment and to reduce the amount of the assessment accordingly. All other aspects of the assessment—interest rate and repayment period as established in Resolution 2009-28 —will remain the same. MOTION: Move to: • Close the public hearing; and • Adopt the resolution approving Mitchell/Lone Oak Imp SAA 06-04 Signal Light Reassessment. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA July 20,2010 Page 9 XI. ORDINANCES AND RESOLUTIONS A. DON RICHARD REZONING by Awad & Koontz Architects Builders Inc. Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. (Ordinance for Zoning District Change) Synopsis: This is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12205 Sunnybrook Road. MOTION: Move to approve 2" Reading of the Ordinance for a single family lot from Rural to R1-13.5 on 1.07 acres and approve summary ordinance. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Staring Lake Trail—Council Member Case 2. Request for Update on State Auditor's Investigation—Council Member Case B. REPORT OF CITY MANAGER 1. Xcel Transmission Line Replacement Project 2. Flying Cloud Fields and Community Gardens Lease Proposals from Metropolitan Airports Commission Synopsis: Representatives from MAC and staff from the City of Eden Prairie have been discussing the implementation of a lease for the current Flying Cloud Fields, the Community Garden Plots and the expansion of 26 acres to the west of the current site. Many meetings and discussions have occurred over the past two years. City of Eden Prairie staff and the City Attorney have expressed the desire to enter into a lease that is consistent with the terms outlined in the 2002 agreement. An item that MAC recently introduced into the negotiations is the concept of a 3 acre pad for future commercial development. Staff has incorporated the commercial pad in the site plan along with consideration for drainage from the site. The potential for development on the commercial site is not tied to the lease agreements for the fields and would be separate from any planning processes associated with the athletic field's expansion. ANNOTATED AGENDA July 20,2010 Page 10 Staff has reviewed the progress of the lease negotiations on an on-going basis with the Parks, Recreation and Natural Resources Commission. Commission members have expressed concern with the amount of time taken and with the offers of lease terms that are different than the 2002 agreement. Staff reviewed the most recent updates at the July 12, 2010 Parks, Recreation and Natural Resources Commission, meeting. The Commission voted unanimously to recommend the City Council enter into the lease agreements with the Metropolitan Airports Commission for the Current and Expanded Athletic Fields and the Garden Plots at Flying Cloud Airport. MOU vs.Proposed Lease Analysis Item 2002 Agreement Lease Proposal Impact Size of 25+/-Acres 26 acres Allows adequate area and Parcel distances for fields and parking. Length of 3 years 3 years Previous agreement was on a Agreement year-to-year basis. Lease Price "Similar order of Lease rates will be Results in additional dollars magnitude". $1000/year(year 1)for from the city's annual Current price is the existing fields and operating budget. $600/year. $2500/year(year 1)for the new fields. $1/year for the community garden site. The lease rates will escalate at 3%/year for both. Commercial Not mentioned Include a commercial site Costs for design and Property in the northwest corner of construction of this portion of the expansion site. City of the site will be reimbursed to Eden Prairie to grade and the City of Eden Prairie by include retention and MAC. overflow for storm water in the design and construction of the expansion area. On February 17, 2002, the Metropolitan Airports Commission(MAC) and the City of Eden Prairie (City) entered into the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between The City of Eden Prairie and The Metropolitan Airports Commission,December 2002 (Final Agreement). At the same time the City also entered into the Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure,Right- of-Way/Easement and Park Needs between the City and MAC(MOU). Commitments and representations contained in the Final Agreement were determined by both parties to mitigate the potential adverse environmental consequences of the proposed expansion of the Flying Cloud Airport and retain the fundamental character of the airport. The MOU regards cooperative solutions to outstanding infrastructure, assessment, right-of-way/easement and parkland issues relating to the Flying ANNOTATED AGENDA July 20,2010 Page 11 Cloud Airport. The undersigned parties believe that the elements of the MOU will establish a cooperative relationship between Eden Prairie and MAC for the compatible implementation of infrastructure improvements and private property development. MOTION: Move to approve lease agreements with the Metropolitan Airports Commission for the Current and Expanded Athletic Fields and the Community Garden Plots at Flying Cloud Airport. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Metropolitan Council's Housing and Affordable Goals D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion - Fields Synopsis: This agreement provides for the design and preparation of construction documents necessary to bid and construct the Flying Cloud Field Expansion. The agreement specifies a not to exceed cost of$57,500. Funding for the project would come from the 2005 Park Bond Funds. The 2005 Bond Referendum identified money for the construction of expansion of Flying Cloud Fields. The funds for this project would come from the 2005 Park Bond Funds. Preliminary cost estimates of 1.2 million dollars include two lacrosse/soccer fields, two baseball fields and parking. MOTION: Move to approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the Flying Cloud Field Expansion. 2. Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion— Commercial Site—MAC Site Synopsis: This agreement provides for the design and preparation of construction documents necessary to bid and grade the MAC site of the Flying Cloud Fields Expansion. The agreement specifies a not to exceed cost of $8,500. Funding for this portion of the project will be reimbursed by MAC. Representatives from MAC and staff from the City of Eden Prairie have been discussing the implementation of a lease for the current Flying Cloud Fields and the expansion of 26 acres to the west of the current site. Many meetings and discussions have occurred over the past two years. During lease discussions, MAC staff asked that a 3 acre site would be left for future development. City staff has worked to reorient the fields in a way to ANNOTATED AGENDA July 20,2010 Page 12 accommodate this request. From a project coordination and a cost savings perspective, it is staff's recommendation that it would be best to design, grade and construct storm drainage simultaneously. This separate Professional Services Agreement is intended to capture costs that are associated with the MAC site for cost allocating purposes. These costs along with construction costs would be reimbursed to the City of Eden Prairie by MAC. The potential for development on the MAC site is not tied to the lease agreement and would be separate from any planning processes associated with the athletic field's expansion. MOTION: Move to approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the MAC site of Flying Cloud Fields Expansion. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Professional Services Agreement with SL-SERCO Inc. for Phase 2 I & I Services Home Inspections Synopsis: This agreement with SL-serco provides for phase II of the home inspection element of the Infiltration and Inflow (I & I) removal project. The phase I pilot study concludes that the primary source of inflow from residential property into the sanitary sewer system is from illegally connected sump pumps. SL-serco will perform approximately 14,000 home inspections for these sump pumps by early summer 2011 at an estimated cost of$599,000. The Metropolitan Council Environmental Services (MCES) established a surcharge program approximately 4 years ago, which created a mandate for cities with a high contribution of infiltration and inflow into their system to remove it by 2012 (5 year program). The MCES estimated that the cost to remove the I & I in Eden Prairie to be $2.7 million. The mandate specifies that the City shall spend 20% of the total each year on prescribed activities to meet this goal. After 2012, the requirement to spend the money to remove I & I becomes a fine and other possible sanctions, such as not allowing additional connections to the sanitary sewer, could be imposed. Staff has been working with a consultant—SEH, Inc.—to bring our system into compliance. The course of remedial action selected by Eden Prairie has been an initial flow measurement program and a pilot study of approximately 1400 households in 4 distinct service areas that were determined to have the highest flow response to rainfall events. The work entailed: • A two year process of flow monitoring in 104 manholes (creating 104 districts)that are the collection points for all sanitary sewage from our community into the MCES interceptor system. Selecting the "worst 4" areas for a pilot study. ANNOTATED AGENDA July 20,2010 Page 13 • In-home inspections of the 1400 homes in the 4 service districts, including televising the service line from the home to the sewer main in the street and inspecting sump pumps for illegal connections to the sewer system; • Inspection of MCES manholes; • City owned manhole inspections in the 4 service districts; and • Smoke testing of the sewer system in the 4 service districts. The results indicate that the cost effective actions to comply with the mandate are: • Removal of illegal sump pumps; • Manhole inspection and repairs; and • Smoke testing to discover and correct illegally connected roof and storm drains from commercial, industrial and apartment style buildings. Until now, SEH, Inc. has performed all consultant activities for the project and staff is preparing a professional services agreement that will provide for completion of smoke testing in the areas of the community that have commercial/industrial type construction, manhole inspections and engineering analysis/reports for all the work activities. The SEH Phase II agreement will come before City Council in August. However, through a"request for proposal"process, staff has determined that SL-serco, Inc. can provide a much more cost effective home inspection program for the 2nd phase of our project, which will entail approximately 14,000 inspections by early summer 2011. Their proposal is a unit price basis for each element of their services and is estimated to cost$599,000 compared to the estimate from SEH of$905,000. Staff therefore recommends that the SL-serco agreement be approved. Finally, as we complete phase II of the program, the need to inspect every home in the community will be evaluated. There are nearly 19,000 connections to the sewer system in the community. The combined inspection count from phases I and II will represent approximately 15,400 customers. Based on the initial flow monitoring, these private properties represent more than 80% of the source of the I & I in the community. In some sections of town—the southeastern area along the river bluff for example—it is extremely unlikely that even an illegally connected sump pump would generate flow to the sewer system due to the sandy soils in the area. Therefore, inspecting every last household may not be cost effective. MOTION: Move to approve Professional Services Agreement with SL-serco, Inc. for Phase 2 I&I Services, Home Inspections. F. REPORT OF POLICE CHIEF 1. Chicken Policy 2. Night to Unite G. REPORT OF FIRE CHIEF ANNOTATED AGENDA July 20, 2010 Page 14 H. REPORT OF CITY ATTORNEY 1. Standards for Granting Land Use Variances XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Miller Park Barrier Free Play Area Donation Parks and Recreation Motion Move to: Accept the donation from the Tom and Kathy Miller Family Foundation in the amount of$400.00 to assist with funding for future development of the Miller Park Barrier Free Play Area. Synopsis Mike Garvin, along with family and friends, has continued to recruit funds to be used towards future phases for the Miller Park Barrier Free Play Area. Over$200,000 has been previously contributed, an additional $400.00 has been raised towards future phases of the project. Background Eden Prairie resident Mike Garvin approached staff with a pledge to assist with the funding for a Barrier Free Play Area at Miller Park. Mr. Garvin's family has made use of similar play areas while visiting other states. Mr. Garvin and his wife recognized the benefits and positive impacts that a barrier free play area can have for people with all types of abilities. Miller Park is one of three community parks and receives a higher amount of use than neighborhood parks and smaller play structures. Over the past several years, staff has maintained the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of the replacement parts are no longer available due to the age of the equipment. Funds were budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of the play area. Mr. Garvin and his family have committed funds to add to the amount of work that is able to be performed and enhance the accessibility of the play area. Increased accessibility will certainly be beneficial for children who use wheelchairs, but past experience has shown that accessible surfaces and play components also offer greater access and enjoyment to all users. Attachment Donation Check The Kathy & Tom Miller Foundation CITED City of Eden Prairie DATE INVOICE NO DESCRIPTION INVOICE AMOUNT 6-08-10 06082010 Donation-Ashley's Playground 400 .00 DATECHECK' CHECK 6-09-10 NUMBER 529 TOTAL> 400.00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS The Kathy & Tom Miller Foundation CITED City of Eden Prairie DATE INVOICE NO DESCRIPTION INVOICE AMOUNT 6-08-10 06082010 Donation-Ashley' s Playground 400 .00 DATE CHECK CHECK 6-09-10 NUMBER 529 TOTAL> 400 .00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS WARNING-THIS CHECK IS PROTECTED BY SPECIAL SECURITY FEATURES aecRw ueu.raunacansruresar.cs wnioas+wm.00m:': The Kathy & Tom Miller Foundation JPMorgan Chase N;A 7760 France Ave South: Delaware,OH 43015 Suite 1020 56-1551 Edina, MN 5543.5 441 952 3.45-7844 DATE:: CHECK NO. AMOUNT June 9,:.2010 529 ***********$400.00 *************************************** Pay Four hundred dollars aril no cents VOID AFTER 180 DAYS PAY City of<Eden Prairie TO THE 8080•Mitchell Road ORDER OF Eden Prairie,MN 55344 • SECURITY FEATURES INCLUDE MICROPRINTING•VOID PANTOGRAPH•ENDORSEMENT BACKER•BROWNSTAIN CHEMICAL REACTANT II'0000005 29II' 1:044 L L55 L LI:838653 2E15579311' CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Friends of Birch Island Woods Donation Parks and Recreation Director Motion Move to: Accept the donation from the Friends of Birch Island Woods in the amount of $2636.92 to assist with funding of forestry supplies. Synopsis City of Eden Prairie staff has been working closely with members of Friends of Birch Island Woods to implement restoration projects. On April 17, 2010 members of Friends of Birch Island Woods planted trees and shrubs in an area of Birch Island Woods that has been in need of restoration. In addition to their volunteer planting labor, a financial contribution to the City of Eden Prairie in the amount of$2,636.92 has been made to cover the plant materials, fencing and watering system. Attachment Letter from Friends of Birch Island Woods President June 16, 2010 Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Mr. Stu Fox, Parks& Recreation Department • Dear Mr. Fox: Friends of Birch Island Woods (FBIW) are extremely pleased with the final conclusion of the restoration project conducted on April 17, 2010 in the Birch Island Woods Conservation Area. We expect to see an entirely changed view shed within the next 5- 10 years as the stock matures. I am in receipt of the invoice submitted by Jeff Cordes in the amount of$2731.42. The FBIW Board met last evening to review the final costs associated with the project in conjunction with our proposal that was agreed upon by the City of Eden Prairie. Please find enclosed a check in the amount of$2636.92 as outlined below: Outback Nursery Invoice (41 trees/shrubs) $1834.24 Fencing/Posts $317.51 Ooze Tubes—41 ($10.50 ea)* $485.17 $2636.92 *Note: FBIW will pay full shipping costs 41 ooze tubes were delivered by Mr. Cordes and installed during the project. The nine remaining tubes that the City ordered are the property and responsibility of the City of Eden Prairie. Friends of Birch Island Woods would like to thank the City of Eden Prairie for working in partnership with FBIW and we look forward to proposing and having acceptance of additional restoration projects in the future. I would like to extend a special thank you to Jeff Cordes, Jay Lotthammer and yourself for the guidance, on-site assistance and support of the project. Sincer , Vicky M' :r Preside Friends o Birch Island Woods www.fbiw.orcr cc: Jeff Cordes Jay Lotthammer FBIW Board CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Friends of Eden Prairie Art Center Donation Parks and Recreation Director Motion Move to: Accept the donation from the Friends of Eden Prairie Art Center in the amount of $2,000 to assist with funding for equipment at the Art Center. Synopsis On Thursday, May 13, 2010 from 6-8:30 pm the Friends of the Eden Prairie Art Center hosted a "Wine Tasting &Art Auction" at the School of Wise II. The theme for the evening was Art inspires our palate. Guests enjoyed sipping many wines from regions around the world plus samples of food paired with each wine. An auction of original art work from local artists in glass,jewelry, water color and mixed media contributed to the fundraising activities. All proceeds benefited the Eden Prairie Art Center's purchase of capital equipment to support programming. The Friends of Eden Prairie Art Center is donating $2,000 to the Art Center. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Hennepin Youth Sports Program Grant Parks and Recreation Award/Baseball and Softball Association Financial Contributions Motion Move to: Accept the contributions from the Eden Prairie Baseball and Softball Associations as Contributing Funds towards the Hennepin Youth Sports Program Grant for Miller Park Baseball and Softball Field Improvements. Synopsis Hennepin County recently awarded a grant through the Hennepin Youth Sports Program for improvements to Miller Park baseball and softball fields. In addition to the $110,000 grant funds, $70,000 is being contributed from the Eden Prairie Softball Association and $50,000 from the Eden Prairie Baseball Association. No City of Eden Prairie funds are being used for this project. Background City of Eden Prairie staff approached local athletic associations to make them aware of the grant opportunity. The Eden Prairie Baseball Association and the Eden Prairie Softball Associations responded with interest in pursuing an application to install covered players benches, replace the scoreboards on all eight fields and add a hitting/pitching practice area at Miller Park. Both associations have been raising funds but do not currently have sufficient funds to complete the entire project. The associations agreed to provide matching funds and assist City of Eden Prairie staff with the application process. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. The grant must be submitted by a local government organization. A council resolution authorizing the submission of the grant application occurred on March 24tn, 2010. City of Eden Prairie staff completed the application and will now oversee the construction project. The estimated cost of the project is $230,000. No City of Eden Prairie funds will be used for this project. All funding is a combination of contributions from the softball and baseball associations and grant money from Hennepin County. The purpose of the grants are to allow municipalities,park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. ITEM NO.: VI.A. AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 15, 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 Heritage Room II(5:00 p.m.) I. CITY MANAGER'S PERFORMANCE REVIEW(CLOSED SESSION) Council Chamber(6:30 p.m.) II. OPEN PODIUM A. Tommy Johnson Mr. Johnson said there has been a failure of leadership on the part of Mayor Young. Johnson referenced the investigation into allegations that the Mayor billed the City for meetings he did not attend. Johnson called for Young's resignation B. Jack Rhode Mr. Rhode also called for the Mayor's resignation. He said voters have the right to demand that elected officials be squeaky clean. He said he cannot imagine the community will continue to have confidence in the Mayor. C. Gary Stevens Mr. Stevens referenced recent articles in the Star Tribune about the investigation into Mayor Young's meeting attendance. Stevens said, "If it's good enough for (Hennepin County Attorney) Freeman, it's good enough for me." Stevens called the investigation a political witch hunt. He said Phil Young is a fine man and a fine mayor. D. Kevin Conboy Mr. Conboy said he is a private citizen with no political agenda. He said Mayor Young is the victim of a witch hunt, and he suggested that he get some clerical help. He asked whether or not the City Manager is empowered to launch this type of investigation. E. Don Opheim Mr. Opheim said he has observed many Mayors and Council Members. He said Mayor Young is possibly the best Mayor he has seen in the last 42 years. He said he hopes Mayor Young stays on. F. Gwen Schultz Ms. Schultz read a statement on behalf of Rick and Gina King. The statement said it appears the mayor engaged in inaccurate bookkeeping, but what has transpired does not require censure. The statement said Phil Young has done a good job as Mayor and he has admitted his mistake. G. Kevin Schultz Mr. Schultz said he was speaking in support of Mayor Young. He said Mayor Young is a committed, caring and giving community leader. Schultz said he does not condone incorrect bookkeeping, but it appears the errors were unintentional and not done for personal gain. H. Kathy Kientzle Kientzle said she has lived in Eden Prairie for 22 years. She said she is impressed by Mayor Young's ability to withstand nasty comments. She said that although he did not attend some meetings he said he did, he also attended many others. She said we need his clear thinking and dedication. I. Dick Proops Mr. Proops said he was speaking as a private citizen. He asked if the City Manager had ever done anything like this before. He asked who was the source of the information. He encouraged the City Council not to let this politically motivated attack keep them from doing the work of the City. J. Marc Papineau Mr. Papineau noted that the County Attorney declined to prosecute the Mayor for not attending meetings he listed on claim forms. Now a special prosecutor is examining the matter. He urged everyone to let the investigation run its course. He also said the Mayor submitted pay requests for meetings he did not attend, but also did not submit claims for other meetings he did attend. K. Jan Mosman Ms. Mosman said the City must be unbiased in its operations. Facts should determine actions. She thanked the City Council and staff for how the City is managed. L. John Mallo Mr. Mallo said the Mayor has become an embarrassment. He said the Mayor is a good person most of the time, but it appears that he lied on statements. Mallo said the Mayor has not provided proof of meetings he has attended but not submitted for payment. He said he hopes Young will do the right thing for Eden Prairie. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 15, 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 Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. THREE RIVERS PARK DISTRICT UPDATE Neal said representatives from the Three Rivers Park District were unable to be here tonight. B. MRPA AWARDS OF EXCELLENCE Lotthammer said the Parks and Recreation Department has been selected to receive Awards of Excellence from the Minnesota Recreation and Parks Association (MRPA). Amy Peterson, a member of the Awards Committee for the MRPA, presented two awards to Lindsey Danhauser: the Programming and Events category award for the Eden Prairie Art Crawl, and the Administrative/ Management Strategies category award for the Eden Prairie Art Center. She presented a Park and Facility category award to Stu Fox for the Veterans Memorial. C. SENIOR CENTER GRANT FROM THE EDEN PRAIRIE FOUNDATION Lotthammer said the Eden Prairie Foundation is donating $3,240 to fund two dozen new cushioned arm chairs at the Senior Center. MOTION: Nelson moved, seconded by Aho, to accept the donation from the Eden Prairie Foundation in the amount of$3,240 to fund cushioned arm chairs at the Eden Prairie Senior Center. Motion carried 5-0. CITY COUNCIL MINUTES June 15,2010 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.2. Aho said he will be presenting Item XIV.A.1. because the Mayor has recused himself from that discussion. Rosow said Item VIII.K. should be approved with the understanding it will undergo further review. MOTION: Case moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 18, 2010 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, May 18, 2010 as published. Motion carried 4-0- 1,with Young abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 18, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 10-2010 AMENDING CITY CODE CHAPTERS 5, 9 AND 11, RELATING TO RECYCLING AND ADOPT SUMMARY RESOLUTION 2010-41 FOR PUBLICATION C. ADOPT RESOLUTION NO. 2010-42 APPROVING MASTER UTILITY AGREEMENT WITH MNDOT FOR THE TH 169/I-494 INTERCHANGE IMPROVEMENTS, I.C. 01-5549 D. AWARD CONTRACT FOR THE RIVERVIEW ROAD POND REPAIR PROJECT TO G. F.JEDLICKI, I.C. 10-5772 E. APPROVE A TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT FOR THE RILEY CREEK BANK STABILIZATION PROJECT,I.C. 08-5717 F. APPROVE AMENDED CONTRACT FOR COMPLETION OF BANK STABILIZATION PROJECT AND AUTHORIZE BIDS FOR A SEGMENT OF LOWER RILEY CREEK, I.C. 08-5717 CITY COUNCIL MINUTES June 15,2010 Page 3 G. APPROVE SUBMITTAL OF THE CITY'S ANNUAL STORMWATER PERMIT REPORT, I.C. 02-5585 H. ADOPT RESOLUTION NO. 2010-43 APPROVING REVOCATION AND DESIGNATION OF PORTION OF COUNTY STATE AID HIGHWAY NO. 39,I.C. 02-5576 I. ADOPT RESOLUTION NO. 2010-44 APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTION J. AWARD CONTRACT FOR 2010 BUILDING MAINTENANCE PROJECTS TO RESTORATION SYSTEMS, INC. K. AUTHORIZE THE CITY MANAGER TO SIGN REVISED ADOPTION AGREEMENT AND FLEXIBLE BENEFITS PLAN ADMINISTRATION AGREEMENT WITH GENESIS BENEFITS,INC. L. DIRECT CITY TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 M. AWARD CONTRACT FOR STARING LAKE PARK BIKE TRAIL TO NORTHWEST ASPHALT,INC. N. APPROVE MODIFICATIONS TO POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITES RELATING TO COMMUNITY CENTER CATERING REQUIREMENTS O. ENTER INTO AN ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY WITH DENNIS F. AND KAY M. BERGMANN P. ADOPT RESOLUTION NO. 2010-45 AUTHORIZING THE ISSUANCE, SALE,AND DELIVER OF A MULTIFAMILY HOUSING REVENUE NOTE (PRAIRIE MEADOWS PROJECT), SERIES 2010 Q. ADOPT RESOLUTION AUTHORIZING LIMITED USE PERMIT FOR NON-MOTORIZED TRAIL R. APPROVE RENEWAL OF ANNUAL MAINTENANCE CONTRACT WITH MOTOROLA FOR THE DISPATCH CONSOLES AND THE NICE LOGGING RECORDERS. Duckstad said he would like to remove Items M and Q for special consideration. Case said he had questions about Items D, F and G. MOTION: Case moved, seconded by Aho, to approve Items A-L,N-P, and R on the Consent Calendar. CITY COUNCIL MINUTES June 15,2010 Page 4 Case asked if we are using the same company to rebuild the pond and the bank stabilization that we used before when the pond failed. Dietz said we are using the same engineering firm but there is a different contractor. Case asked if the plans were approved by the Lower Minnesota River Watershed District. Dietz said they reviewed the plans, and we made modifications to the plans to meet the reviews. Case asked about Item G. Dietz said there is a requirement of the MPCA that we submit on an annual basis. Regarding Item 0, Case said he assumed the Bergman's have signed off on the agreement. Neal said they have signed off. VOTE ON THE MOTION: Motion carried 5-0. Regarding Item M, Duckstad said he has a bias in favor of trails; however he wanted to point out that particular trail will be a capital expenditure of$170,000. He noted for every dollar we spend on a City project, we take the same dollar away from a citizen of Eden Prairie. He thought this is an expenditure that should be delayed and pushed into the future so he objected to passing this capital expenditure at this time. Regarding Item Q, Duckstad said there is no particular project with this item, rather it is asking for a permit that will prepare for the letting of bids. He asked if there is some estimate of how much the capital improvement will cost. Lotthammer said we estimated our cost for the Staring trail (Item 0) at $214,000 but the bid came in at $169,000. Our estimate for the Riley trail (Item Q) is about$200,000, but we won't know if that estimate is correct until the bids come in. Both of these trail projects are funded from the 2005 park bond referendum. We have come down to some of the last dollars to spend from that$2,000,000 referendum, and these are two of the last connections that would make use of those funds. Duckstad said the fact they are in the bond referendum doesn't compel us to spend it this year. He asked why it could not be done next year or after the economy recovers. Lotthammer said these are some of the best prices we have seen. If the building climate comes back, we will not get the good prices and we may not be able to do both trails. We have the funds available now, and these are sections of trails that have been identified for quite some time in the trails plan. We don't have to do them at any time, but he didn't know what happens down the road if we don't use the referendum funds. Duckstad said so that means there is no compelling need to build the trails this year. Lotthammer said there is no compelling reason why they have to be built,but staff recommends they be built. Neal said we don't want to build these trails just because we have the money available, but it behooves us to get the best value we can with public funds. In this case the voters approved these dollars on trails in 2005, and they can't be spent on anything else. Staff believes the best value is occurring right now because of the downturn in the construction market. These projects were contemplated five years ago when the referendum was approved. Duckstad noted there is nothing to say the prices won't be lower next year. Nelson asked if these dollars will be replenished. Neal said they will not be, unless there is another referendum. Nelson asked if the money can be used for any other CITY COUNCIL MINUTES June 15,2010 Page 5 park projects. Neal said they are dedicated for trail improvement and construction. Nelson asked why we have waited since 2005 to build them. Neal said there has been a slow pace of completing some projects every year through the design and construction phases. Nelson asked if there are a limited number of trails we can do this year. Neal said that was correct. Nelson said saving $44,000 on a trail is good use of referendum money. MOTION: Case moved, seconded by Nelson, to approve Items M and Q on the Consent Calendar. Young said he agreed with Council Member Duckstad on this item. He understood these are tax dollars, but it is equally true we can't spend them twice. He noted so far this year we have passed some form of trail project on almost every Consent Calendar. He said most of those projects have been trail reconstruction projects, and it is important to maintain what we have in these times, but now we are talking about building new trails. He thought it is an appropriate time to see if we are doing anything differently than we did two years ago. He thought we could use referendum dollars on maintenance, but it may not be the right time to make enhancements to the system. VOTE ON THE MOTION: Motion failed 2-3-0, with Aho, Duckstad and Young opposed. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF SANITARY SEWER AND WATERMAIN EASEMENTS ON LOT 1, BLOCK 1, INTERNATIONAL SCHOOL (Resolution NO. 2010-46) Neal said official notice of this public hearing was published in the May 27, 2010, Eden Prairie News and sent to one property owner. The property owner has requested the vacation of the sanitary sewer and water main easement over a part of Lot 1, Block 1, International School, to facilitate the addition of a track facility. Portions of the existing sanitary sewer and water main will be moved and new easements will be dedicated. He said staff reviewed this and support it. This will enable a project the City Council previously reviewed. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2010-46 vacating a portion of the sanitary sewer and water main easements lying over, under and across Lot 1, Block 1, International School, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. B. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1,BLOCK 2,WINDSOR PLAZA(Resolution No. 2010-47) CITY COUNCIL MINUTES June 15,2010 Page 6 Neal said official notice of this public hearing was published in the May 27, 2010, Eden Prairie News and sent to seven property owners. The property owner has requested the vacation of the drainage and utility easement over a part of Lot 1, Block 2, Windsor Plaza, to facilitate the proposed Randy's Bobby and Steve's property development. He said staff has reviewed the project and supports the request. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2010-47 vacating a portion of the drainage and utility easements lying over, under and across Lot 1, Block 2, Windsor Plaza, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. C. WILLIAM HOAG REZONING by William Hoag. Request for zoning district change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for zoning district change) Neal said official notice of this public hearing was published in the May 7, 2010, Eden Prairie News and sent to 27 property owners. This is a rezoning of a single family lot from Rural to R1-13.5 located at 12005 Sunnybrook Road. The proposed lot conforms to the requirements of the R1-13.5 zoning district for lot size and lot dimensions. The rezoning also included a variance request for average setback from 134 feet to 35 feet. This was approved by the Planning Commission on May 24, 2010. When 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The lot depth is 154.77 feet. Applying the average setback and rear yard setback requirement would make it impossible to build a house without granting front and/or rear yard setback variances. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-day review period expires on September 3, 2010. The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1-13.5 on May 24, 2010. Jeremiah said the applicant was unable to be here this evening, but they indicated they would like to move forward with the public hearing. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing, and to approve first reading of the ordinance for zoning district change from Rural to R1- 13.5 on .55 acres. Motion carried 5-0. D. 7811 STREET MARKET by Oppidan. Request for planned unit development concept review on 1.22 acres,planned unit development district review on 1.22 acres, zoning district amendment within the C-HWY zoning district on 1.22 acres and site plan review on 1.22 acres. Location: 8045 Flying Cloud Drive. (Resolution No. 2010-48 for PUD concept review; Ordinance for PUD district review and zoning district amendment) CITY COUNCIL MINUTES June 15,2010 Page 7 Neal said official notice of this public hearing was published in the June 3, 2010, Eden Prairie News and sent to 16 property owners. The project is a 7,600 square foot retail building that replaces the existing Marathon gas station and car wash buildings. The landscape plan has been revised for a decorative fence and plantings. The fence needs stone or brick columns to be consistent with the Lone Oak plan. The developer has agreed to add these to the plan. This will be a condition in the developer agreement. The 120-day review period expires on September 3, 2010. Jeremiah said this redevelopment is in conformance with the Major Center Area (MCA)plan's expectations for the property. There were no comments from the audience. MOTION: Duckstad moved, seconded by Aho, to close the public hearing; to adopt Resolution 2010-48 for planned unit development concept review on 1.22 acres; and to approve first reading of the ordinance for planned unit development district review with waivers, and zoning district amendment in the C-HWY zoning district on 1.22 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a grading permit for West 78th Street retail project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 15, 2010, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the West 78th retail project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated June 15, 2010, as approved by the City Council. Nelson asked if this property will still have an exit onto Flying Cloud Drive. Dietz said that exit will be closed. Case said the comment on tree replacement in the staff report indicates they can't meet the 200 caliper inches required, and he wanted to make sure staff believes they can't meet that. Jeremiah said we are satisfied with the solution. Staff has found that in the more urban redevelopments the applicants are having trouble meeting the tree replacement requirements, so we have used a variety of different amenities to meet the tree replacement requirement. We have received positive comments about the aesthetics for projects coming out of this process. Case noted in the past we have banked trees from a development for use in another area, and we have a lot of tree needs in the MCA. He asked if we could take money from those projects and plant tress in other areas. Jeremiah said we have talked about that option, but it would require an ordinance amendment. VOTE ON THE MOTION: Motion carried 5-0. E. CUMMINS GRILL HOUSE LANDSCAPE RESTORATION C.O.A. Certificate of Appropriateness for landscape restoration plan for the R. Cummins Homestead CITY COUNCIL MINUTES June 15,2010 Page 8 Neal said official notice of this public hearing was published in the June 3, 2010, Eden Prairie News and sent to five property owners. The Certificate of Appropriateness application is for landscape restoration over much of the heritage site. The site sustained construction related damages in many areas due to Hennepin County's roadway reconstruction project on adjacent Pioneer Trail (CSAH 1), and the City's subsequent ball field and parking lot reconstruction projects. The implementation of the landscape restoration plan is the mitigation agreed to by the City and Hennepin County transportation as stipulated in the Section 106 Memorandum of Agreement(MOA), between the Federal Highway Administration, Advisory Council on Historic Preservation and State Historic Preservation Office. Neal said the plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the City Council public hearing was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the City's Parks & Recreation Director was present to provide oral and documentary evidence to the Heritage Preservation Commission (HPC) • That the HPC was presented with the application for review for the restoration of the John R. Cummins House landscape • That the application does meet the Secretary of the Interior's standards, and the specific criteria for Certificate of Appropriateness. These findings are listed in Exhibit A of the Certificate of Appropriateness. Neal said the Eden Prairie Heritage Preservation Commission held a public meeting on May 17, 2010, and reviewed the landscape preservation plan per City Code, Section 11.05, Subd. 8.C., criteria for Certificate of Appropriateness. The Commission voted in favor(7-0) to recommend that the City Council approve the application for Certificate of Appropriateness No. 2010-02-004. Jeremiah said it seems like a solution that satisfies all the agencies and the City's internal organization as well. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt the findings of fact and approve Certificate of Appropriateness #2010-02-004 for the John R. Cummins House landscape restoration plan, subject to the State Historic Preservation Office (SHPO)review and comment. Motion carried 5-0. F. 2010 CDBG FUNDING MODIFICATION (Resolution No. 2010-49) Neal said official notice of this public hearing was published in the May 27, 2010, Eden Prairie News. The Human Services Review Committee is recommending funding the vehicle repair program from the remaining $4,159 in 2010 CDBG Public Services funds. The Eden Prairie car repair program was established to meet the great need in the community and to help residents maintain self sufficiency. Since the inception of this pilot project in the fall of 2006 there have been 86 CITY COUNCIL MINUTES June 15,2010 Page 9 repairs made for Eden Prairie residents. From July 2009 to present there have been 15 repairs (20 repairs in 2009) for a total of$9,438.71. The assistance of the car repair program has helped clients who need their cars in order to get to work and/or to support themselves and their families. The program is administered, at no cost to the City of Eden Prairie, by Community Action Partnership of Suburban Hennepin (CAPSH). The repairs must be made in one of six participating garages in Eden Prairie, thereby insuring local distribution of the funds. Neal said to qualify for the program clients must meet both residency and CDBG income eligibility guidelines. Clients are required to provide the necessary documentation, including driver's license,proof of car insurance and ownership and income verification. Clients must also sign an agreement that they will not sell the car for 90 days following the repair. Repairs are limited to problems that impact safety issues. The car repair program will pay 75% of repairs, and the client is responsible for 25% of the initial garage estimate. The client portion must be paid before repairs are started. The program will pay up to $750 for repairs. Anything over this amount will be the responsibility of the client. Clients are able to access the program once every three years. Neal said this program was in previous CDBG public service programs, but it was not included in the current budget. There are some extra funds in the program that could be used for this, so it is being brought back as a mid-year adjustment. Nelson said she thought this is an opportunity we need to take. This is a case where businesses have seen a need for some of their clients to get cars repaired, and they have come together to allow it to happen at a reduced cost. We use a small amount of block grant money and cooperate with local businesses. She said she wished there were more than $3000 to put into it. Duckstad asked if this is a pass-through program where the City acts as a conduit for federal money that is passed down to the local level. Neal said that is correct. It is federal funding that comes to the City through the CDBG program. It is accounted for separately in our budget and has restrictions on it. Duckstad asked if the City provides any of this service or just acts as a conduit. Neal said in this case we are paying CAPSH to manage the program. Duckstad asked if there is any cost to the City in administering the program. Neal said there are some forms we have to fill out. Young said it was true the CDBG funds are pass-through dollars, but it is important to remember that we provide human services in two ways, through the CDBG and through our operating budget. One of his personal initiatives has been to reconcile our CDBG decisions with our own budget decisions because if we make better use of the pass-through dollars we can make better use of our tax dollars. He did not think being in the car repair business is as good a use of the dollars as some other programs could be, so he did not support this. Basil Wissner, 8293 Mitchell Road, asked where the extra funds came from. Neal said sometimes the agencies don't do their program to the extent they thought they CITY COUNCIL MINUTES June 15,2010 Page 10 were going to, and that is where these extra dollars come from. Jeremiah said at the time we did the initial CDBG allocation earlier this year we were required to do it by a certain date, but we only had an estimate of what the federal dollars would be for the year. When the actual amount came through it was $18,000 more than anticipated, and we received program income from a number of CDBG loan programs which get paid back into the CDBG program. She said we are proposing to spend only$3000 out of the extra $4100 for this program so we can have a reserve with the rest of the funds. Wissner said he recalled when the Council talked about allocating the funds they discussed coming back to the Council for approval if the amount was different. Jeremiah said that is what we are doing tonight for the public service portion of it. Molly Koivumaki, Housing and Community Services Manager, said the $15,000 additional was distributed in accordance with the previous allocations, but the public service piece was not allocated. Aho asked what takes place at the end of the year if the CDBG dollars are not allocated and spent. Koivumaki said we have 18 months in which to spend the funds. Aho asked if we could then apply them the next time we allocated CDBG funds if we did not spend the dollars through this program. Koivumaki said we could. Case thought that all of our CDBG funds go towards good uses. The programs never have enough funding, and he didn't know that any of the Council Members were prepared to say that it should all go to one of the programs. He said this program is very few dollars but it helps families in an area of their lives where they don't get help from other programs. We don't have enough dollars to spread the way the organizations would like, but we have enough to incentivize some of the programs we believe in. Nelson said this allows people to keep their jobs and keep paying taxes, and the program also supports the business community. She believes in supporting our business community and in trying to put through public/private programs to maximize the dollars. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2010-49 approving the use of$3,000 in 2010 CDBG funds for vehicle repair program. Motion carried 4-1-0,with Young opposed. 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 CITY COUNCIL MINUTES June 15,2010 Page 11 A. WILLIAM HOAG REZONING by William Hoag Second reading of Ordinance 11-2010 for zoning district change from Rural to R1-13.5 on .55 acres (Ordinance NO. 11-2010 for Zoning District Change) Neal said this is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12005 Sunnybrook Road. It was approved earlier tonight as Item IX.C., therefore the second reading will require a unanimous vote of the City Council in order to be adopted at the same meeting. MOTION: Case moved, seconded by Nelson, to approve second reading of Ordinance No. 11-2010 for a single family lot from Rural to R1-13.5 on .55 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Neal said we received 14 applications for the 2010-2011 Students on Commission program. Commission staff liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 14 student applicants are being recommended for appointment. The fall Students on Commission term is from September 2010 through December 2010. The winter/spring term is from January 2011 through April 2011. An orientation session will be held during the late summer. MOTION: Case moved to appoint to the Arts & Culture Commission: David Mingo and Everett Keegan for the fall and winter/spring terms; Duckstad moved to appoint to the Conservation Commission: Rachel Wood and Joshua Auerbach for the fall and winter/spring terms; Aho moved to appoint to the Flying Cloud Airport Advisory Commission: Neeraj Ajgaonkar for the fall and winter/spring terms; Nelson moved to appoint to the Heritage Preservation Commission: Ian English for the fall and winter/spring terms; Case moved to appoint to the Human Rights and Diversity Commission: Ryan Borchardt and Salman Ikramuddin for the fall term, and He Li, Clayton Carlson and Alexander Borsch for the winter/spring term; and Duckstad moved to appoint to the Parks, Recreation, and Natural Resources Commission: Ethan Holdahl and Pranay Rao for the fall and winter/spring terms, and Shyam Raman for the fall term. Young seconded the motions. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Report on the City Manager's Performance Review—Council Member Aho CITY COUNCIL MINUTES June 15,2010 Page 12 Aho said the Council met in closed session prior to this meeting to review the City Manager's performance relative to the stated goals for his performance. He said the review was very positive, and we have a consensus that Mr. Neal had achieved the goals we stated for him during a period of economic duress. He gave three examples of the stated goals. The first example was leadership through the budget process in delivering a zero growth budget which resulted in a zero levy growth while maintaining City services and a positive morale among the City employees. The second example was improvements in transportation with his role in directing staff to work with elected officials and MnDOT employees on the Hwy 169 improvements. The third example was safety with the completion and testing of an emergency management plan to ensure City operations during a disaster. He said the Council also discussed compensation and Mr. Neal offered a revision of his contract with some suggestions for changes. He said the Council would like to look at contract revisions prior to the next term of review and develop a revised contract for the City Manager. MOTION: Nelson moved, seconded by Case, to keep the City Manager's merit pay at the same dollar level as that in 2008 and 2009 so there is a zero dollar increase in the overall pay. Case said the total package was $157,171, which is exactly the same as last year. Duckstad said his concern is that we are still going through a difficult economy. There are too many people struggling to make ends meet so it is his position that, in the best interests of the taxpayers, he was not in favor of a merit increase or a compensation increase. Aho said as it stands right now the motion does not include any increase in total compensation over last year and the merit pay is identical to last year's merit pay. He felt it is appropriate for the City Manager to lead by example given that we have asked City employees to work with no increase in compensation. Duckstad said he was still opposed to the motion. He said his statements were made on the basis of what is best for the taxpayers. Case said he has voiced his discomfort with the whole term and concept of merit pay; however the goals set a year ago for the City Manager were accomplished so he should receive the merit pay. He proposed we do something sooner rather than later to look at eliminating merit pay and setting a total salary package. He noted the City Manager's salary package fits into the middle of the range for city managers of comparable cities. Rosow said Council Member Nelson's motion dealt with merit pay. The amount of merit pay was set at $4723 and that should be stated in the motion. He said the motion should reflect the fact that there is no increase in CITY COUNCIL MINUTES June 15,2010 Page 13 the base salary or other benefits that are specifically provided under the City Manager's agreement. AMENDMENT TO THE MOTION: Nelson moved, seconded by Case, to keep the City Manager's merit pay at$4,723, the same dollar level as 2008 and 2009, with no increase in his base salary or other benefits specifically provided under the City Manager's agreement. VOTE ON THE MOTION AS AMENDED: Motion carried 3-1-0,with Duckstad opposed. Young recused himself. 2. Goodrich-Remus Barn—Council Member Case Case said he found it very sad we might lose the building. He asked what the plans are if they don't find someone to buy it for$1.00 and move it. Dietz thought there is something on their website about two options, one to buy and move it and one to buy the land and the barn. Case asked staff to look into that and see if there is a way that we could contact the County. He hoped the Council would agree we have an emotional interest in it staying in the City and being privately owned. He would like staff to check it out and report back at the July meeting. Dietz said staff would do that. B. REPORT OF CITY MANAGER 1. Former KinderCare Building Lease Proposal Neal said Council and staff discussed selling the property when we purchased the building for the purpose of providing right of way to the Singletree project. It has been on the market, and there have been some offers on it. At this point those offers have been approaching about 60% of what we are asking for it. This property might be the key to future redevelopment in this area. Staff would like to have guidance from the Council about leasing the property as an interim use. We have received a number of bona fide proposals to lease the property, but when we had the original discussion with the Council the direction was to sell it. Aho said he was generally not in favor of the City being in the business of leasing commercial property, but in this case right now is a tough economic time to sell property. He thought it makes sense to lease it now in order to hold on to it and combine it with some nearby property in a redevelopment project. Nelson said she would hope we would look at a more flexible lease situation since we really don't have any idea how long we would need to lease the property. Duckstad agreed with the concept and would like to see Mr. Lindahl report back to the Council from time to time with a progress report. CITY COUNCIL MINUTES June 15,2010 Page 14 Neal said it was important for the Council Members to know that this property will stay on the tax roll because there will be a taxable use of the property. Staff has no desire to keep it as a City facility and wants it to be a privately-owned building. 2. Update on Discussions with MAC regarding JAZB and Flying Cloud Fields Expansion Neal said at our last meeting the Council received a report from the City Attorney that raised some concerns about the direction of the Joint Airport Zoning Board (JAZB) in two areas—zoning administrator duties and the indemnification offer. He said the JAZB had a relatively short meeting later that week and directed the respective staffs to get together and work out some compromises. He said he, Mr. Kipp and Mr. Rosow got together with MAC staff last week to discuss that. Rosow said MAC staff was genuinely surprised that the City did not want to be the zoning administrator. We discussed the rationale for our position and their position. In their view, the City should be the zoning administrator for Eden Prairie because they believe the zoning ordinance affects every property in the City. Even without the zoning board in existence every property owner in the City ought to be obtaining some review for aviation purposes under federal law. From that point of view they thought it was better that our citizens not have to come here for everything else and then go to MAC as well in order to see that they were exempt from Zone C. He said we need to analyze that further to see if that is sufficient justification. They described it as a regulation that hasn't been activated or enforced with respect to the federal law that requires Zone C. He said staff will advise further on that issue. With respect to indemnification, Rosow said they questioned why we didn't like the indemnification they provided and gave us examples of communities around other airports where they negotiated and developed that language. We described our position that the language used in the indemnification had certain subjective paragraphs that allowed them to cancel the indemnification without a court reviewing it, and we preferred the statutory definitions and formats. He said they did not come to a meeting of the minds on that. It is a hard sell for their staff to go back to their commission and say all the other communities have accepted except Eden Prairie. However, there are different considerations and we can't consider to be bound by what other communities did when we weren't part of the discussions. They told us that this was something they wanted to do but didn't want to "ram it down the throat."If we didn't want to do it, they might report to the commission they can't resolve the ordinance. He said we are not very far away on the ordinance,but we need more discussion. Aho asked if the next meeting has been set up. Neal said at this point we do not have it set up. We told them we needed to have discussion on our end, particularly about the zoning administrator duties in the Zone C area. CITY COUNCIL MINUTES June 15,2010 Page 15 Neal said we also discussed the Flying Cloud ball fields, and we have the workings of an agreement on the ball field expansion. Staff hopes to bring it back to the Park&Recreation Commission and then to the Council in July. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Den Road Lease Jeremiah said there is a lease proposal for a chiropractic clinic at the space formerly rented by Hollywood Video in the City's Liquor Store#2 building. They would take 2200 square feet on the southwest corner of the building. The terms are for five years with a $25 per square foot net rent for years one and two. She noted the rent for Hollywood Video was $21.66 per square foot. She reviewed the details of the lease proposal and said staff recommends approval. Neal said we have been working very closely with a commercial real estate broker and have reviewed a number of offers for the space. This one is the best offer we received. They are interested in the back of the building which leaves us some pretty good commercial space on the front of this building. He commended Mr. Lindahl for a lot of work on this project. Staff recommends approval, and the tenant is ready to execute the lease immediately. MOTION: Aho moved, seconded by Nelson, to approve a new lease between the City of Eden Prairie and Dr. Tory M. Robson for a Chiropractic Clinic at the City owned property located at 8020 Den Road. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract for the Miller Park Play Area Improvements to Blackstone Contractors Lotthammer said we designed a master plan for the play area several years ago with the intent of making this as barrier free as possible. We designed it as a two-phase approach with the first phase for the younger age group. The second phase is for 5-12 year olds. We currently have one new and improved half and one that is somewhat dilapidated. This contract would update and bring the second half into code compliance. The bids received were within the budgeted amount. Mike Garvin, 18503 Bearpath Trail, said he has received a lot of credit for the play ground and park but he really has had a small role. It was an idea he came up with but it has been carried out by everyone. The project was started in 2007, and we all should be extremely proud of what we accomplished. The response to the first phase has been incredible. He CITY COUNCIL MINUTES June 15,2010 Page 16 wanted to express how important it is to expand the park and make an extension of the first phase. He thought this component will compliment Phase 1 and give a broader spectrum of kids the opportunity to use it. Duckstad said this is a great park that is large and heavily used. There was a comment made that half of the park is somewhat dilapidated but he didn't share that impression. He said half of the park has been built because of the donation of the Garvin/Miller family. His problem is that he was in favor of Phase 2 but, due to the state of the economy and our budget constraints, he didn't see any need to put that side in right away. MOTION: Case moved, seconded by Nelson, to award the contract for Miller Park play area improvements to Blackstone Contractors in the amount of$401,430.25 for the base quote plus alternate A5, plus alternates A7 to A15, and deduct item Dl. Case said we wouldn't be where we are today if former Councils and residents hadn't built the city we love today. There have been tough economic times over the past 30 years,but the City Councils continued to build the City. We are in tough economic times, and it is appropriate we raise questions when we spend money; however, he thought it is a mistake to question every single dollar that goes out just because we are in tighter economic times. That is what will make our City fail when we come into better times. He agreed we cannot do everything, but he believed we have to do enough. Young said the idea that we vote against everything is an oversimplification of the process. He said Council Member Duckstad asks reliable questions about how we are spending our money and that is appropriate in these times. He said he respected the reasons for Council Member Duckstad's belief even though he didn't agree with him on this particular issue. Aho thought it is critical that we evaluate every project we look at in terms of timing, especially the sizable projects. In this particular case he agreed that we need to do this park, but to do a$400,000 project at this time is not critical. There are no particular safety issues involved. He appreciated all the effort the Garvin and Miller families have put into this, and the community greatly appreciates it. He would like to see us move forward in a year or so when times get better. Nelson said the area around the boat does not seem to be in pristine condition and asked if there are any safety concerns about the age of any of the equipment. Lotthammer said some settling has happened near the southeast entrance to the older play structure due to drainage issues in that area. One of the play structures is in good shape, and we will keep that in place. It needs to be brought up to code but it has life left in it. Other equipment needs to come out because of the drainage issues and safety hazards. We started this as a phased approach to spread the financing out. CITY COUNCIL MINUTES June 15,2010 Page 17 Nelson asked if the money will replace unsafe portions of the play ground with barrier free equipment. Lotthammer said there are components that fit into the barrier free program and others that are structured towards people with non-mobility disability issues. Nelson said she couldn't condone keeping unsafe park equipment. This is a high use park area, and we should have safe equipment there. Duckstad said in the report it was mentioned that the other play components are 5-12 years old. His recollection is that most of it is five years old except for the boat. He asked how long these problems have existed. Lotthammer clarified that we talk about play structures as being appropriate for age groups. The term"5-12 years old"refers to the age group for which it is appropriate. The pieces we have in the older section have been in place for over 12 years and those were designed for 5-12 year old children. Duckstad said there wasn't anything in the report about safety issues. Lotthammer said if we feel it is usable we have been pushing all of these as far as we can. Duckstad said the report doesn't state any children have been injured over there, and asked if we have any records on that. Lotthammer said he didn't know of any recent injuries at that location. Aho said he was not in favor of keeping equipment that is unsafe and asked if Mr. Lotthammer would recommend we remove some of the equipment if we don't move forward. Lotthammer said there are a couple of areas we would want to take out of commission or rope off Aho said given that we would spend money to take them out, he would change his mind and vote in favor of this. Young said this project is consistent with what we have talked about historically for this playground. VOTE ON THE MOTION: Motion carried 4-1-0, with Duckstad opposed. 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: Case moved, seconded by Duckstad, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:54 PM. CITY COUNCIL AGENDA DATE: SECTION: Reports of Advisory Commissions July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Flying Cloud Airport Advisory FCAAC Review of Security at Flying Commission, Rick King— Cloud Airport Chair/Scott Kipp— Staff Liaison Synopsis The Flying Cloud Airport Advisory Commission has completed its 2010 biennial Report to Council on the Review of Security at Flying Cloud Airport and is attached for your review. In 2007, the City Council directed the Commission to review existing security at the Flying Cloud Airport and to determine if any additional efforts on airport security should be made. The initial report was presented to the Council on August 7, 2007. This year's panel guests included Chris Knowles, Inspector for the Transportation Security Administration; Rob Reynolds, Eden Prairie Police Chief; George Esbensen, Eden Prairie Fire Chief; and Mitch Anderson, pilot and Airport Support Network Volunteer for the Aircraft Owners and Pilots Association(AOPA). A number of airport infrastructure projects have been implemented since our last Security Report in 2008, some of which have enhanced the security of the airport. • Extension and widening of the south parallel runway from 3,900 ft to 5,000 ft. • New ILS approach and guidance lighting • Visual approach lighting • VOR relocated east of Flying Cloud Drive • South side building area infrastructure completed • Removal of old hangars deemed as obstructions • Perimeter road around airport separating airside and landside movements • Installation of new security fence completely around the airport, together with locked key pad access gates • Sanitary sewer and water installed along north side hangar area • Redevelopment of new hangars on north side hangar area Jeff Larsen, Vice Chairman of the Commission will present a brief report for the Council. Flying Cloud Airport Advisory Commission Findings 1. Based on the experts involved, Flying Cloud Airport is considered secure and a model for others to follow. 2. The experts all agree the Flying Cloud Airport has exceeded the security requirements for a typical airport of its size and type. At this time no further security suggestions or improvements have been identified by the experts. 3. MAC has a great working relationship with the City Police and Fire. 4. MAC, working with AOPA airport support network, continues to strengthen the "Community Watch"by airport businesses and tenants. Attachment Report to Council—Review of Security at Flying Cloud Airport REPORT TO CITY COUNCIL REVIEW OF SECURITY AT FLYING CLOUD AIRPORT Prepared by Flying Cloud Airport Advisory Commission July 20, 2010 - /000.01. �w � +Y � t /, om / .. __-- -�.:4 1; ,y 1dr YJ ' -r -ram _ g' -"a �,,,^. r.,.TI'' Review of Security at Flying Cloud Airport July 20, 2010 Page 12 Background In 2007, the City Council requested the Flying Cloud Airport Advisory Commission to begin evaluating security at Flying Cloud Airport. These ongoing evaluations utilize experts in their respective fields, and typically include: Federal Aviation Administration (FAA) and/or Transportation Security Administration (TSA); Metropolitan Airports Commission (MAC) staff; Eden Prairie Police and Fire Departments; and others as necessary, such as the Flying Cloud Airport Control Tower Chief, and Aircraft Owners and Pilots Association(AOPA). Reports were completed in 2007 and 2008. Summary of 2008 Review of Security at Flying Cloud Airport Accomplishments • Eden Prairie Police assigns an airport liaison officer who attends various events and works to educate and build relationships. • Eden Prairie Fire assigns an inspector dedicated to inspection of airport hangars and businesses. • Majority of the airport businesses have joined the City's "Partnership for Emergency Readiness" for information sharing. • The current Flying Cloud Airport Security Guides were hand delivered to all commercial tenants on the field. Recommendations 1. Continue to focus on efforts to strengthen the "Community Watch" by airport businesses and tenants. 2. Establish a biennial security reporting schedule, or as needed. Recent Improvements at Flying Cloud Airport Since the 2008 Report, the following improvements have been completed by MAC: • Extension and widening of the south parallel runway from 3,900 ft to 5,000 ft. • New ILS approach and guidance lighting • Visual approach lighting • VOR relocated east of Flying Cloud Drive • South side building area infrastructure completed • Removal of old hangars deemed as obstructions • Perimeter road around airport separating airside and landside movements • Installation of new security fence completely around the airport, together with locked key pad access gates • Sanitary sewer and water installed along north side hangar area • Redevelopment of new hangars on north side hangar area Review of Security at Flying Cloud Airport July 20, 2010 Page 13 2010 Review of Security at Flying Cloud Airport The Flying Cloud Airport Advisory Commission met on May 13, 2010 to discuss airport security. Invited guests included Rob Reynolds, Eden Prairie Police Chief, George Esbensen, Eden Prairie Fire Chief, Chris Knowles, TSA Inspector, and Mitch Anderson, pilot and Airport Support Network Volunteer for the AOPA. Eden Prairie Police Chief Reynolds reported physical security at the airport continues to move in the right direction, especially with the improvements of the locked gates with key pad access. He also commended the design for accessing the future south hangar, separating airside and landside movements. The street layout, which is served by a single-access point along Charlson Road, will prevent accidental incursions with airport operations. Reynolds said the number of police calls on airport issues is low and nothing stands out in any of the incidents. Most calls were either unfounded or minor incidents (Exhibit A). He said the Eden Prairie liaison officer working with the airport community will continue to meet with the airport businesses to keep lines of communication open. Reynolds encourages users of the airport to be watchful and explained this is the best plan for an airport the size of Flying Cloud. MAC is also working on a Letter of Agreement between Police, Fire, MAC and the tower so they have an open line of communication and availability 24/7. A recent training event with the Eden Prairie Response Team was conducted at the airport. An airport business volunteered full access to an aircraft for a number of hours while conducting the training. Additional training is contemplated Reynolds said the City also has an on-going wildlife management program in that area. MAC has a contract for wildlife services and is on call 24/7. Eden Prairie Fire Chief Esbensen reported his staff continues to do fire inspections at the airport. Like law enforcement, the Fire Department has become part of a strategy for presence by monitoring what is going on at the airport. Their relationship with MAC and the FBO's is highly unusual as is the level of cooperation. To start this program was a huge undertaking because they had to inspect every hangar and now it is more of a maintenance inspection program. Esbensen said the Fire Department will continue their program of being visible at the airport. Twenty-nine inspections were completed during the time period. Most were hazardous materials inspections at the FBO's. Two inspections were for the Air Expo and two inspections were with the new locking gates. The Fire Department used the emitter to Review of Security at Flying Cloud Airport July 20, 2010 Page 14 make sure the gates were in working order. During the recent airport construction, they made sure the Fire Department had access to the field. Esbensen said he and his staff are quite pleased with what has been going on at the airport including the extension of the water mains. This allowed people to add fire suppression systems to their hangars. The Fire Department has also conducted a few training sessions at the airport with MAC's assistance. The partnership with the stakeholders at the airport is a good model for others and it does work. The level of cooperation is extremely high. Esbensen said his department has obtained maps from MAC to help navigate hangar areas more efficiently during emergencies. Also, allowing Eden Prairie Commanders in the control tower during emergencies helps in coordinating these events. Transportation Security Administration Transportation Security Inspector Knowles said Flying Cloud is a model airport with the cooperation of the Fire and Police Departments. The police program includes routine stops at the airport which is really important and he encourages this participation. Knowles said TSA was very happy to hear about the fence and gates erected around the airport. This addresses safety concerns and also prevents pedestrian traffic from entering the airside operation areas. There are very few general aviation airports that have the level of security as Flying Cloud does. Knowles said anything MAC and this Commission can do to continue to enhance the posture of the airport keeps you ahead of everyone else and keeps the airport off the radar. He added Flying Cloud is so far ahead of the game he has no recommendation other than to get their tenants involved and keep them involved. The City and MAC have a great policing program and everyone he has talked to speaks very highly of Flying Cloud Airport and considers this a model airport. When asked if Flying Cloud Airport could become an enticing airport from which to cause harm, Knowles said he does not know what would make Flying Cloud any more enticing to someone than another airport. There are a number of airports within a 50-mile radius and because of Flying Cloud's size it is probably not realistic that something would happen at this airport. He said someone looking at Flying Cloud and seeing the Police and Fire Departments presence would more than likely go to some other airport. Knowles said general aviation airports are very fortunate in that the pilots and tenants have a vested interest so they are very much aware of what is going on at their airport. Pilot and AOPA Airport Support Network Volunteer Mitch Anderson is a Chaska resident and member of a flying club that operate a number of aircraft out of Flying Cloud Airport. He is also an active Aircraft Owners and Pilots Association (AOPA) support network volunteer and his position is to keep attuned to Review of Security at Flying Cloud Airport July 20, 2010 Page 15 issues relating to general aviation for AOPA, both pro and con. He also promotes AOPA's Airport Watch Program, based on the successful Neighborhood Watch Program. According to Mr. Anderson, Airport Watch is a function of the tenants and the users of this airport. These people are familiar with what is going on around the airport and know when it doesn't look right. Anderson said airport users are key players in airport security and can notify local law enforcement and AOPA. This program is done in partnership with TSA. He reported there are 600,000 AOPA members and they are regularly updated on the Airport Watch program. They also developed a program called "Lock Up and Look Out" to secure hangars and the aircraft within them. The intent is to have two levels of security. Mr. Anderson also indicated the partnership between Eden Prairie Police and Fire, and MAC is great, while working cooperatively to keep the airport viable and safe. MAC's Jeff Nawrocki reported they have taken the information Anderson provided along with information from Police and Fire to update the 2010 version of MAC's Flying Cloud Airport Security Guide. This guide has been distributed to all FBO's and the Flying Cloud control tower. Flying Cloud Airport Advisory Commission Findings 1. Based on the experts involved, Flying Cloud Airport is considered secure and a model for others to follow. 2. The experts all agree the Flying Cloud Airport has exceeded the security requirements for a typical airport of its size and type. At this time no further security suggestions or improvements have been identified by the experts, 3. MAC has a great working relationship with the City Police and Fire. 4. MAC, working with AOPA airport support network, continues to strengthen the "Community Watch"by airport businesses and tenants. soy T SELECT CALL II ESCR PTIONS Airport activity consists mainly of fire inspections, public assists (open door calls)and assistance to other agency/tower to check on plane status. Activity includes sounds of revving engines, low flying planes and checking for overdue aircraft. Suspicious incidents have mainly been people walking, biking or driving on airport grounds unaware this is not allowed as well as the occasional traffic stop. There was an identity theft as well as theft of a television reported. Overall crime is incident only activity. Assist Other Agency 09011835—Assisted Homeland Security tracking a suspicious plane from AZ. Sought assistance obtaining information on location of plane covertly. Plane located. Assistance no longer needed. Disturb the Peace 08042602—Sound of planes revving engines in area of tower. 08049732-Sound of planes revving engines in area of tower 08049739—Low flying plane Public Assist 2010-6942—Check for overdue aircraft—plane located 09021902-Check for overdue aircraft-plane located 09034163—People gathering at edge of airport—please remove from property 09039619-Check for overdue aircraft—plane located 09058077—Crane NE of airport causing problems 08040433—Shooting permit 09037528—Shooting permit 08018791—Plane was flying overhead and pilot believed someone was shining a laser at plane. Tower requesting drive-through of Hennepin Village area. Unable to locate. Suspicious Incident 08019851 — People walking on service road for hangers—said he was just watching the planes 08034458—Person on bike—watching planes Suspicious Person 2010-7229—Vehicle tailgating—gone on arrival 2010-8562—Check on running vehicle—Incident cleared not suspicious. 09022805—Suspicious vehicle at maintenance shed -Contractors are making new road at airport. 08025904—Someone biking around on airport and on taxi ways. Party had lessons at Hummingbird and was unaware of proper navigation on airport grounds. Suspicious Vehicle 09031000—Open door in hanger 09053612—Couple watching meteor shower 09059913—suspicious vehicle—Incident cleared not suspicious. 08037177—warning—verbal—Incident cleared not suspicious. 08038435—warning—verbal—Incident cleared not suspicious. 08036970—ASI off Pioneer—TSA no problems. Theft 09050304—TV taken from hanger 08024977—Taxi passenger unhappy with route—took driver's keys and refused to pay fare. 08018525—Identity theft Wildlife problem 08031799—raccoons in dumpster • is 11 t —1 —1 (n (PI (PI Us -p v p r T T 0 0 0 0 D T cD -I �`'E;`i- i'; N uc, vc, o °,' a o m m m ° �, m m aoa + �. N i C Q C3 a O - = Q D Q i. , •C n (/1 vi fD _' f, .....,..:'; U o c o -s -o p n 3 as m m 3 C 'a _. O C2 r''• D• 7 -, d• a) Cl CD CD it i''!+n1:>t:::,•• 3 C, ..r...;., r:® ,tom': l. t:' -:fit ram;".0;2 _ t.;,,.. ;.'0, ty,y '''; fl j,.,r:AL:i..;•i;.:. 1�1.: y:s ,fii „i I-', I-', ';;:• ;' I— CO W ,I .P Na N CO .P U.) N.) I� CO I— N Cn N .P I— W I— N I� N N Ql ;h i,:;:;�; r:' ';,i i C5; yi Ii'; CITY COUNCIL AGENDA DATE: July 20, 2010 SECTION: Reports of Advisory Boards & Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Parks, Recreation&Natural Reconsider the Trail Connections for Staring Lake Resources Commission and Riley Creek- Rice Marsh Lake Requested Action Information Only Recommendation by the Parks, Recreation and Natural Resources Commission to Reconsider the Trail Connections for Staring Lake and Riley Creek- Rice Marsh Lake. Synopsis On Monday, July 12, 2010, the Parks, Recreation and Natural Resources Commission discussed the action items from the previous City Council meeting specific to the trail connections for Staring Lake and Riley Creek-Rice Marsh Lake. Following lengthy discussion, the commission unanimously passed the motion listed below: Motion: Strongly recommend that the City Council reconsider the June 20, 2010 vote to delay the new trail construction segments near Staring Lake and Riley Lake—Rice Marsh Lake based upon the following: 1. Eden Prairie taxpayers/voters specifically approved and authorized $2,000,000 for trail projects in the 2005 referendum. 2. The economic climate supports moving forward now with these trail projects as bids for the trail projects are measurably less than the original estimates. 3. It is preferable to move forward on the trail projects and save Eden Prairie taxpayers money based on construction of the trails rather than delaying the projects and engaging in re-bidding and risking high construction costs in the future. 4. The current construction bids for the trail projects will lapse on August 3, 2010. Accordingly, if the City Council does not reconsider approval of the projects at its regularly scheduled meeting on July 20, 2010, the known cost savings will be lost. 5. The $2,000,000 in funds approved by Eden Prairie voters in the 2005 referendum are earmarked specifically for trail improvements and projects and the funds cannot be utilized for any other purpose. 6. By their vote to approve and authorize $2,000,000 in expenditures for trail projects in the 2005 referendum, Eden Prairie voters have already voiced that such expenditures are a priority and a highly valued commodity. These trail connections,particularly Staring Lake, increases safety by providing an underpass for safe crossing. 7. This Commission strongly recommends reconsideration and approval of the Staring Lake and Riley Lake—Rice Marsh Lake trail projects from 2005 referendum funds specifically authorized and limited for this purpose when construction bids are significantly less than estimated as the most prudent stewardship of such funds on behalf of Eden Prairie tax payers. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 20, 2010 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. Temporary Liquor Organization: Scott County Historical Society Event: Hangar Dance Date: September 25, 2010 Place: 72A Sierra Lane, Flying Cloud Airport Amendment to Liquor License 2AM Closing Permit- Renewal Select Hotels Group LLC DBA: Hyatt Place Mpls/Eden Prairie - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 20, 2010 1 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Office of City Manager Approve Use of ES&S Model 650 Central Counter Kathleen Porta, City Clerk for the 2010 Elections Requested Action Move to: Approve the use of the ES&S Model 650 Central Ballot Counter for the 2010 Elections. Synopsis Legislation enacted during the 2010 legislative sessions requires that absentee ballots be counted at a central location and not disseminated to individual precincts (Session Laws Ch 194, HF 3111). Hennepin County Elections has leased for use at the Primary and General Elections two central count Model 650 Ballot-counters from Election Systems and Software. The Model 650 has been certified for use by both the federal government and the Minnesota Secretary of State. Minnesota Statutes 206.58 requires the governing body of a municipality to provide for the use of electronic voting systems within their jurisdictions subject to approval by the county auditor. The county auditor has approved the use of the Elections Systems and Software Inc. Model 650 central ballot counter in the precincts of Hennepin County. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.C. Office of City Manager Contract with Hennepin County for Way2Go Karen Kurt, Human Resources Wellness Program Manager Requested Action Move to: Authorize professional services agreement with Hennepin County for the Way 2Go wellness program. Synopsis The City periodically facilitates wellness programs to support the health of our employees. Physical fitness is important requirement for many City jobs. In addition, employee health is directly tied to insurance costs and absence rates. Way2Go is weight maintenance program sponsored through Hennepin County. Eden Prairie is one of seventeen employers to join the program and has one of the highest participation rates at 52% of full time staff. The County requires a contract to receive a$1000 stipend available to participating organizations to support Way2Go initiatives. In exchange for the stipend, the City agrees to follow through with the program requirements: • Take part in worksite consultation with Hennepin County staff, • Facilitate at least three weigh-in sessions for employees participating in the program, • Complete nutrition and physical activity environmental assessment, • Develop a worksite action plan identifying steps to increase worksite support for healthy eating/regular physical activity, • Provide mechanism for delivering monthly health communication to employees, and • Provide evaluation and results of action plan to Hennepin County. Attachments Professional Service Agreement Contract No: A101008 PERSONALIPROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the "COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("CONTRACTOR"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing July 1, 2010 and terminating June 30, 2011, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed One Thousand Dollars ($1,000.00). 2. SERVICES TO BE PROVIDED CONTRACTOR is participating in the Worksite Healthy Weight intervention program, Way2Go!, as more fully described in Exhibit A, attached and incorporated by this reference. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and/or invoices. CONTRACTOR shall submit quarterly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty-Five (3,5) days from receipt of the invoice. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing • services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR 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 CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, 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 from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR agrees that it shall not exclude any person from firll employment rights nor prohibit 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. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. . D. CONTRACTOR agrees to adhere to the COUNTY's AIDS Policy which provides that no employee, applicant, or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges, or freedoms because of his or her AIDS status except for clearly stated specific and compelling medical and/or public health reasons. CONTRACTOR shall establish the necessary policies concerning AIDS to assure that COUNTY clients in contracted programs and CONTRACTOR's employees in COUNTY contracted programs are afforded the same treatment with regard to AIDS as persons directly employed or served by the COUNTY. 2 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self-insurance program, C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action or litigation arising out of the services contained in this Agreement, Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. 8. DATA PRACTICES CONTRACTOR, 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 CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then CONTRACTOR 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. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CONTRACTOR'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. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any 3 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. 9. RECORDS --AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 1 6C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their 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 CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents, B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement, Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 4 11. MERGER AND MODIFICATION A. 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, All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. 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, DEFAULT AND CANCELLATION A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR, B. Upon cancellation or termination of this Agreement: 1, At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: IIandwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written consent of the COUNTY shall not use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything 5 which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings, C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined, Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. I3. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Sonja G. Sayre or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 6 B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1'/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the. originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the COUNTY. 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of 7 the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 20. 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 their performance. 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. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant County Administrator, Human Services and Public health Department Date: CITY OF EDEN PRAIRIE By: Its: And: Its: City organized under: Statutory Option A Option B Charter 9 A101008 Worksite Healthy Weight Way2Go! July 1, 2010—June 30,2011 Exhibit A • • Take part in worksite consultation with Hennepin County staff. • Facilitate three weigh-in sessions for employees participating in program. • Complete nutrition and physical activity environmental assessment. • Develop a worksite action plan identifying steps to increase worksite support for healthy eating/regular physical activity. • Provide mechanism for delivering monthly health communications to employees. • Provide evaluation and results of action plan as agreed upon with Hennepin County staff CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 10-5775 ITEM NO.: VIII.D. Rod Rue Approve Professional Services Public Works/Engineering Agreement with HTPO for Various Watermain Replacements and Extension Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for surveying and design phase services for watermain replacements on Westwind Circle, Windward Circle and Prairie Center Drive (at Preserve Boulevard) and a trunk watermain extension on Prairie Center Drive. Synopsis This Professional Services Agreement will provide construction plans and specifications for the replacement and extension of this watermain work. It is anticipated that this project will be constructed in 2010. The estimated cost for these design services is $37,500 plus an additional $600 per easement description/exhibit that may be required beyond the anticipated easements to perform the work. The project will be financed with Utility funds. Background Information The watermain replacement is necessary due to numerous repairs/breaks that have occurred on these lines over the past few years. The trunk watermain extension will complete a missing section of trunk watermain that serves the Major Center Area. Attachments • Professional Services Agreement • Exhibit A-Proposal letter io p I Engineering Surveying 7.1 CJJ Landscape Architecture 1 July 12,2010 Mr. Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Watermain Replacement and Extension Projects Dear Rod: As requested, the following estimates for civil engineering and surveying services for the referenced watermain projects are provided for your consideration. Estimate Scope of Services $12,500.00 Westwind and Windward Circle Watermain Replacement. Includes topographic survey to locate property corners,curb, trees, driveways, and utilities; preparation of construction documents; watershed district and MN Health Department permit applications;and bid administration to replace approximately 400 feet of existing 3-inch line with 6-inch main. Fee includes an estimated S600.00 in reimbursable expenses. $11,000.00 Prairie Center Drive Watermain Replacement at Preserve Blvd. Includes topographic survey to locate property corners,curbline, trees,and utilities; investigation into alternative construction methods;preparation of construction 7510 Market Place drive documents;watershed district and MN Eden Prairie, MN 55344 Health Department permit applications; 952-829-0700 and bid administration to replace 952 829 7806 fax approximately 450 feet of existing 10-inch www.htpa.com main. Fee includes an estimated $600.00 in reimbursable expenses. HANSEN THORP PELLINEN OLSON, INC. Rue/Johnson July 12, 2010 Page 2 $14,000.00 Prairie Center Drive Watertnain Extension at West 78th Street. Includes topographic survey to locate property corners, curbline, trees,and utilities;preparation of construction documents;watershed district, MPCA Stormwater,and MN Health Department permit applications;legal description and exhibit for two easements; and bid administration for approximately 1350 feet of 10-inch main to provide a looped system. Fee includes an estimated$1000.00 in reimbursable expenses. $37,500.00 Total Additional Services,if required $$600 per easement Additional Legal descriptions and easement exhibits. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred (printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. ee24. // Y Lurie A.Johnson, P.E. Principal P I I Engineering • Surveying HOURLY BUDGET & SCHEDULE 71 -C) Landscape Architecture Project Watermain Replacement and Extension-Westhvind/Windwa Client City of Eden Prairie Date 6/23/2010 Job No. HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field-prop corners,curb,trees,drives,utilit 14 Crew 152 2,128 $3,900 Research/Computation 3 Sury I 77 231 Draft 14 1Eng I 77 1,078- - - Check/Supervision 2 Sury V 139 278 QC Review 1 •Sury V 139 139 Billable Total $3,854 250 CONSTRUCTION PLANS Proposed_Fee Project Management,Coordination 4 Eng V 139 556 $4,100 Plan and Profile Drawings 24 Eng I 77 1,848 Cover Sheet 2 Eng I 77 154 Detail Sheet 4 Eng I _ 77 308 Meetings with Client 4 Eng V/Eng I 108 432 Site Visit 1 Eng 1 77 77 PE Review 3 Eng V 139 417 Send Plans to Private Utility Companies 1 Eng I 77_ 77 QC Review 2 Eng Ill 111 222 —Billable Total $4,091 250 SPECIFICATIONS Proposed Fee Cover Eng 1 _ 77 0 $2,400 Table of Contents Eng I 77 0 Certification _ Eng 1 77 0 Ad for Bids 1 Ens I _ 7 77 Special Conditions 8 Eng 1 77 6]6 Final Quantities/cost estimate _ 6 Eng I 77 462 Check Quantities 4 Tech IV 100 400 Bid Summary and Signature Sheets Eng I 77 1) — Appendix(soil borings, permit requirements,etc.) 1 Eng I 77 77 Typing 2 Clerical I 56 112 Check Typing 0,5 Eng I 77 39 f E Review _ 2 Eng V 139 278 QC Review 1 Eng V 139 139 Printing&binding 2 Clerical I 56 112 Check printed books 0.5 Eng I 77 39 Billable Total $2,350 250 PERMITS Proposed Fee Health Dept. 2 Eng 1 ' 77 154 $500 PCA Stormwater Eng I 77 0 Watershed 4 Eng I 77 308 Billable Total $462 Watermain Replacement and Extension-Westwind,Windward BuTiggertlatukrxLsx 7/12/2010 500 CONSTRUCTION ADMINISTRATION Proposed Fee Bidders Questions 6 Eng I 77 462 $1,000 Addendums Eng I 77 0 _ Bid Opening 2 Eng I 77 154 Prepare Bid Tabulation, Rec. Letter #'Eng I 77 308 Contracts Eng I 77 0 Questions/Coordination Eng I 77 0 Preconstruction Meeting Eng I/Tech EV 88.5 0 Shop Drawing Review _Eng I 77 0 Billable Total S924 — 550 CONSTRUCTION OBSERVATION Proposed Fee Field Tech IV 100 (! I ,$Field Supervision Tech IV 100 [0 Billable Total $0 600 CONSTRUCTION STAKING Proposed Fee Storm Sewer 'Crew 152 0 $0 Erosion Control/ Construction Limits Crew 152 0 Office Coordination _ Sury I 77 (1 Billable Total S0 700 CONSTRUCTION RECORD DRAWINGS Proposed Fee Field 1 Crew 152 0 1Draft Eng 1 77 0 Review/Coordination Tech IV 100 0 Billable Total 50 Reimbursables $600 T 512,500 Project Total Watermain RepL]tementand Extension-Weshyind.Windward Bu¢ggtlllafi8er.xlsx 7/12/2010 7 P I Engineering • Surveying HOURLY BUDGET & SCHEDULE 71 ii") Landscape Architecture Project _ Watermain Replacement and Extension-PCD Replacement p Client City of Eden Prairie Date 6/23/2010 Job No. HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field-prop corners,curb,trees, utilities 6 Crew 152 912 $1,900 Research/Computation 2 Sury I 7? - 154 Draft 6 Eng I 77 462 Check/Supervision 1 Sury V 139 139 QC Review 1 Sury V 139 139 Billable Total $1,806 250 CONSTRUCTION PLANS __ _ Proposed Fee Project Management,Coordination 4 Eng V 139 556 $4,100 PIan and Profile Drawings 16 Eng I 77 1,232 Analyze Options/Alternate 10 Eng I 77 770 Detail Sheet 4 Eng I 77 308 Meetings with Client 4 Eng V/Eng I — 108 432 Site Visit 0.5,En• I 77 39 PE Review 4 Eng V 139 _ 556 Send Plans to Private Utility Companies '1 BEng 1 77 77 QC Review 1 Eng III 111 111 Billable Total $4,081 250 SPECIFICATIONS Proposed Fee Cover Eng I 77 0 $2,900 Table of Contents Eng 1 77 0 Certification Eng 1 77- 0 Ad for Bids 1 Eng 1 77 77 Special Conditions - - 12 Eng I 77 924 Final Quantities/cost estimate 6 Eng 1 7 462 Check Quantities 3 Tech IV 100 300 Bid Summary and Signature Sheets .Eng I 77 0 Appendix(soil borings,permit requirements,etc) 1 Eng I 77 77 Typing 2 Clerical I 56 112 Check Typing 0.5 Eng 1 77 39 PE Review 4 Eng V 139 556 QC Review 1 Eng V 139 139 Printing&binding 2 Clerical 1 56 112 Check printed books 0.5 Eng I 77 39 - Billable Total $2,836 250 PERMITS Proposed Fee Health Dept. 2 Eng I 77 154 $500 PCA Stormwater Eng I 77 0 4 Watershed ,Eng I 77 306 Billable Total $462 Watermain Replacement and Extension-PCD Replacement Budget nAtnlx'1sx 7/12/2010 500 CONSTRUCTION ADMINISTRATION Proposed Fee Bidders Questions 6 Eng I 77 462 I. $1,000 Addendurns Eng 1 77 0 Bid Opening 2 Eng I 77 154 Prepare Bid Tabulation, Rec. Letter 4 Eng I 77 308 Contracts Eng I 77 0 Questions/Coordination Eng I 77 0 Preconstruction Meeting Eng I/Tech IV 88.5 0 Shop Drawing Review Eng I 77 _ _ 0 Billable Total $924 550 CONSTRUCTION OBSERVATION Proposed Fee Field Tech IV —100 0 $0 Field Supervision Tech IV 100- (). Billable Total SO 600 CONSTRUCTION STAKING Proposed Fee Storm Sewer Crew '152 0 $0 Erosion Control/ Construction Limits Crew 152' 0 Office Coordination Sury I 77 0 Billable Total SO 700 CONSTRUCTION RECORD DRAWINGS Proposed Fee Field Crew 152 0 $0 Draft Eng I 77 0 _ Review/Coordination Tech IV 100 0 ----- Billable Dotal $0 Reimbursables $600 $11,000 Project Total Watermain Replacement and Extension-PCD Replacement Budget 7/12/2010 -Li 7 P I Engineering • Surveying HOURLY BUDGET &SCHEDULE 7:1) irl.) Landscape Architecture Project Watermain Replacement and Extension-PCD Loop ll Client City of Eden Prairie Date 6/23/2010 Job No. HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field-prop corners,curb,trees,utilities 12 Crew 152 1,824 $3,400 Research/Computation 2 Sury I 77 154 Draft 12 Eng I #' 77 924 Check/Supervision 2 Sury V 139 278 QC Review 1.. MSury V 139 139 Billable Total $3,319 250 CONSTRUCTION PLANS Proposed Fee Project Management,Coordination 3 Eng V 139 417 $4,400 Plan and Profile Drawing 24 Eng I 77 1,845 Analyze Options 2 Eng I 77 154 T_ Detail Sheet 3VEng 1 77 231 SWPPP 8 Eng I 77 616 Meetings with Client 3 Eng V/Eng I 10g 324 Site Visit 0.5 Engl 77 39 PE Review 4 Eng V 139 556 Send Plans to Private Utility Companies 1 Eng I 77 77 QC Review 1 Eng III I11 11.1 Billable Total $4,373 250 SPECIFICATIONS Proposed Fee Cover Eng 1 77 0 I _$2,000 Table of Contents 'Eng I 77 0 Certification Eng I 77 _ 0 Ad for Bids 1 Eng 1 77 77 Special Conditions 8 Eng I 77 616- Final Quantities/cost estimate 4 Eng I _ 77 308 Check Quantifies 2 Tech IV 100 200 Bid Summary and Signature Sheets Eng I 77 0 Appendix(soil borings,permit requirements,etc.) 1 Eng 1 77 77 Typing 2 Clerical I 56 '112 Check Typing 0.5 Eng l 77 39 PE Review 1_ 2 Eng V 139~ 278 QC Review 1 Eng V 139 -139 Printing&binding 2 Clerical I 56 112 Check printed books 0.5 Eng 1 77 39 Billable Total $1,9% 250 PERMITS Proposed Fee Health Dept. 2 Eng 1 77 154 - - $800 PCA Stormwater 4 Eng I V 77. 308 Watershed 4 Eng I 77 308 Billable Total $770 Watermain Replacement and Extension-PCD Loop Budget Planrrepakix 1 of 2 7/12/201U 850 EASEMENTS Proposed Fee Descriptions-2 4 Sury V 139 556 51,400 Sketches-2 6 Tech IV _ 100 600 Check against Plans 1 Eng I 77 77 QC Review 1 Sury V 139 139 Billable Total $1,_37_2 500 CONSTRUCTION ADMINISTRATION Proposed Fee Bidders Questions 6 Eng I 462 $1,000 Addendums BEng I A 0 Bid Opening 2 Eng I . 7 154 Prepare Bid Tabulation,Rec. Letter 4 Eng I �� 308 Contracts Eng I _ 77 0 Questions/Coordination Eng 1 77 0 Preconstruction Meeting Eng I/Tech IV 88.5 0 Shop Drawing Review Eng I 77 0 Billable Total OJ24 550 CONSTRUCTION OBSERVATION Proposed Fee Field Tech IV 100 0 $0 Field Supervision ITech IV iO0 0' Billable Total $0 600 CONSTRUCTION STAKING Proposed Fee Storm Sewer Crew - 152_ 0 $0 Erosion Control/ Construction Limits Crew, 152 0' Office Coordination .tiun; 1 77 0 Billable Total' $0 700 CONSTRUCTION RECORD DRAWINGS Proposed Fee Field Crew 152 0 SO__Draft Eng I 77 U Review/Coordination Tech IV 100 U Billable Total $0 Reimbursables $1,000 $14,000 Project Total Waterntain Replacement and Extension-PCD Loop Budget Plannepattix 2 of 2 7/12/201W Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the day of , 20 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Watermain Replacement and Extension Projects 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 letter dated July 12, 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 July 1, 2010 through July 1, 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 $37,500.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 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 Laurie Johnson and Adam Pawelk to serve on the Project. They shall be assisted by other staff members as 2 Rev. 8-07-2009 necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 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 3 Rev. 8-07-2009 incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death,or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 4 Rev. 8-07-2009 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. 5 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 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 6 Rev. 8-07-2009 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 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 7 Rev. 8-07-2009 mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME HanseIL7rp /linen Olson, _-- 9 Its: { resi'dent 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 09-5742 ITEM NO.: VIII.E. Rod Rue Approve Professional Services Public Works/Engineering Agreement with SEH, Inc. for TH 5 Sanitary Sewer Repair Project Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for evaluation and design phase services for a sanitary sewer repair on TH 5 between CSAH 4 (Eden Prairie Road) and Fuller Road. Synopsis This Professional Services Agreement will evaluate repair alternatives and provide construction plans and specifications for this sanitary sewer repair work along TH 5 (adjacent to Deli Express). It is anticipated that this project will be constructed during the upcoming winter months in 2011. The estimated cost for these design services is $68,585. The project will be financed with Utility funds. Background Information This section of sanitary sewer was previously relocated due to settlement/failure issues and the relocated pipe has now settled as well. This proposed project will evaluate and design a permanent solution for this section of sanitary sewer pipe. Attachments • Professional Services Agreement • Exhibit A-Proposal letter Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 20th day of July, 2010 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliott Hendrickson, Inc, a Minnesota consulting firm (hereinafter "Consultant")whose business address is 10901 Red Circle Drive, Suite 300 Minnetonka, MN 55343 . 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 TH 5 Sanitary Sewer Repair Design and Bidding Phase Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( Dated July 13, 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 7/21/10 through 7/29/11 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 $ 68,585.19 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Paul J. Pasko III and Carter Schulze to serve on the Project. They shall be assisted by other staff members as necessary 2 Rev. 8-07-2009 to facilitate the completion of the Work in accordance p o ance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph 3 Rev. 8-07-2009 in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by 4 Rev. 8-07-2009 anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 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. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty(30) days prior written notice to the City. 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 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence)and regardless of the extent to which the underlying occurrence (Le., 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 A9Y14 G'///D A 42dY)GIC501/ ;,t, Its: 8 SEH EXHIBIT A July 13, 2010 RE: City of Eden Prairie TH 5 Sanitary Sewer Repair Design and Bidding Phase Services SEH No. EDENP 112596 10.00 Rod Rue,PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc. (SEH)thanks you for the opportunity to assist the City of Eden Prairie (City) with the referenced project. For your information,we have enclosed a location map for the limits of the project labeled Drawing No. 1. BACKGROUND SEH first assisted the City with this project by preparing a report titled,Report on Sanitary Sewer Repair dated April 18, 2002(report). The report proposed 3 alternatives for the replacement of settled sanitary sewer between MH A and MH C as labeled in Drawing No. 1. Now the City would like to replace the settled sanitary sewer. At a meeting held with the City on 6/10/10, the City concurred with SEH that the alternative 3 recommendation was the best alternative offered in the report. However,the City asked SEH to investigate up to 2 additional alternatives to alternative 3. Also, following the City's review and choice of a final alternative to implement,the City asked SEH for a proposal to prepare bidding documents for the chosen alternative. A plan to accomplish this work is reflected in the enclosed Task Hour Budget (THB). COMPENSATION We will provide the services to the City as outlined in the enclosed THB within the project area for a not- to-exceed fee of$68,585.19. This not-to-exceed fee is approximately 11.7%of an estimated construction cost of$586,000.The estimated construction cost is based on the 2002 report alternative 3 cost of Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is an equal opportunity employer I www.sehinc.com 1952.912.2600 1800.734.6757 1952.912.2601 fax Rod Rue,PE July 13, 2010 Page 2 $490,330 increased by 2%per year for inflation for 9 years. Our THE and its footnotes contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. A filled in and SEH signed copy of this document has been enclosed. SCHEDULE A large portion of the project area lies within a wetland. Based on soil borings taken in 2002 and included with the report,unstable soils are present. We recommend that the City complete the sanitary sewer repairs in the winter. Then once the frost is out of the ground, complete the restoration. Upon receiving authorization to proceed,we will commence work according to the recommended schedule below: DATE ACTIVITY/TASK July 20, 2010 City Council Awards SEH Contract August 30,2010 Preliminary Design and Data Collection Begins September 16,2010 Preliminary Design and Data Collection Complete September 20,2010 Final Design Begins September 23, 2010 Draft Design Alternative Meeting w/Stake Holders October 12,2010 Meeting w/Stake Holders to Review Design October 13,2010 Bid Document Preparation Begins November 18, 2010 Ad for Bids to Local Newspaper November 19, 2010 Plan Preparation Complete/Post Bid Documents online December 17, 2010 Open Bids December 21, 2010 City Council Awards Project February 25, 2011 Underground Construction Substantially Complete May 28,2011 Project Final Completion CONCLUSION The Agreement, Exhibit A,Drawing No. 1, and the THB represent the entire understanding between the City and us with regards to the project. While SEH began this project in 2001, it delights us that the City values our relationship enough to let us continue with our work. In our opinion,past municipal projects with the City have been rewarding and successful and there is no doubt that this project will be the same. Rod Rue,PE July 13,2010 Page 3 As always,we are looking forward to assisting the City with design phase services for this project.If this letter satisfactorily defines our role in this project,please have City officials sign and date both Agreements and return one to me at the address shown on this letterhead. In the meantime,please contact me at 952.912.2610 or cschulze@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. 6264-te— Carter Schulze,PE Project Engineer cas Enclosures c: Paul Pasko, SEH(with enclosures) Wayne Wambold, SEH(with enclosures) Brian Lenzen, SEH(with enclosures) Deric Deuschle, SEH(with enclosures) p:laeeedenpl11259611gen}1l0-conlractlexlvb$a di 5 prop 1tr.dacz J SEH EXHIBIT A July 13, 2010 RE: City of Eden Prairie TH 5 Sanitary Sewer Repair Design and Bidding Phase Services SEH No. EDENP 112596 10.00 Rod Rue,PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc. (SEH)thanks you for the opportunity to assist the City of Eden Prairie (City) with the referenced project. For your information, we have enclosed a location map for the limits of the project labeled Drawing No. 1. BACKGROUND SEH first assisted the City with this project by preparing a report titled, Report on Sanitary Sewer Repair dated April 18, 2002(report). The report proposed 3 alternatives for the replacement of settled sanitary sewer between MH A and MH C as labeled in Drawing No. 1. Now the City would like to replace the settled sanitary sewer. At a meeting held with the City on 6/10/10, the City concurred with SEH that the alternative 3 recommendation was the best alternative offered in the report.However,the City asked SEH to investigate up to 2 additional alternatives to alternative 3. Also, following the City's review and choice of a final alternative to implement,the City asked SEH for a proposal to prepare bidding documents for the chosen alternative. A plan to accomplish this work is reflected in the enclosed Task Hour Budget (THB). COMPENSATION We will provide the services to the City as outlined in the enclosed THB within the project area for a not- to-exceed fee of$68,585.19. This not-to-exceed fee is approximately 11.7%of an estimated construction cost of$586,000.The estimated construction cost is based on the 2002 report alternative 3 cost of Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suite 300.Mlunetonka,MN 55343-9302 SEH is an equal opportunity employer 1 www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax Rod Rue,PE July 13, 2010 Page 2 $490,330 increased by 2%per year for inflation for 9 years. Our THE and its footnotes contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses.We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. A filled in and SEH signed copy of this document has been enclosed. SCHEDULE A large portion of the project area lies within a wetland, Based on soil borings taken in 2002 and included with the report, unstable soils are present. We recommend that the City complete the sanitary sewer repairs in the winter. Then once the frost is out of the ground, complete the restoration. Upon receiving authorization to proceed, we will commence work according to the recommended schedule below: DATE ACTIVITY/TASK July 20,2010 City Council Awards SEH Contract August 30,2010 Preliminary Design and Data Collection Begins September 16,2010 Preliminary Design and Data Collection Complete September 20, 2010 Final Design Begins September 23, 2010 Draft Design Alternative Meeting w/Stake Holders October 12,2010 Meeting wl Stake Holders to Review Design October 13,2010 Bid Document Preparation Begins November 18, 2010 Ad for Bids to Local Newspaper November 19,2010 Plan Preparation Complete/Post Bid Documents online December 17, 2010 Open Bids December 21, 2010 City Council Awards Project February 25,2011 Underground Construction Substantially Complete May 28,2011 Project Final Completion CONCLUSION The Agreement, Exhibit A,Drawing No. 1, and the THB represent the entire understanding between the City and us with regards to the project. While SEH began this project in 2001, it delights us that the City values our relationship enough to let us continue with our work. In our opinion, past municipal projects with the City have been rewarding and successful and there is no doubt that this project will be the same. Rod Rue,PE July 13,2010 Page 3 As always,we are looking forward to assisting the City with design phase services for this project.If this letter satisfactorily defines our role in this project,please have City officials sign and date both Agreements and return one to me at the address shown on this letterhead. In the meantime,please contact me at 952.912.2610 or cschulze@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. 6264-te— Carter Schulze,PE Project Engineer cas Enclosures c: Paul Pasko, SEH(with enclosures) Wayne Wambold, SEH(with enclosures) Brian Lenzen, SEH(with enclosures) Deric Deuschle, SEH(with enclosures) p:laee.edenpl11259611gen1110-contrzctlexhibrt a Pi 5 prop 1tr.docx joe� TASK HOUR BUDGET S E H CITY OF EDEN PRAIRIE TH 5 SANITARY SEWER REPAIR DESIGN AND BIDDING PHASE SERVICES July 13,2010 ESTIMATED HOURS ESTIMATED CLIENT SENIOR SENIOR SENIOR SURVEY COST PROJECT H STRUCTURAL TRANSPORTATION PROJECT STAFF SURVEY CREW PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER STRUCTURAL ENGINEER 'rRANSPoRTATION ENGINEER SCIENTIST ENGINEER ENGINEER SENIOR TECHNICIAN CRIER INSTRUMENT ARMIN TECH MANAGER ENGINEER ENGINEER ENGINEER OPERATOR 1.0 ASSIST CITY WITH CHOICE OF REPAIR ALTERNATIVE 1.1 Preliminary Alternative Designs(30)(31) 1 1.1.1 Geotechnical Investigation(5)(6)(7) 2 4 10 4 ' 1.1.2 Alignment and Profile of alternatives(40) 1 8 8 1.1.3 Construction Method Assessment(34) 1 4 1.1.4 Preliminary Pile and Pile Cap Analysis(33) 3 6 0.5 3 1 1.1.5 Preliminary Cost Estimate(31) 1 2 4 2 4 1.1.6 Update 2002 Opinion of Probable Costs(25) 1 1 2 1.1.7 Proposed Improvement Graphic(28) 2 1.2 Update 2002 Proposed Improvement Graphic(16)(32) 2 1.3 Land Acquisition Estimate(26) 1 2 1.4 Permitting Assessment(27) 2 1.5 Investigate Project Site Access Options(37) 0.5 2 1.7 150%Topographic Survey(38) 2 7 7 1.8 Meetings with Deli Express(35)(29) Subtotal Hours 5.5 10 28 0.5 3 27 12 7 7 Subtotal Labor Cost $926 $1,469 $3,478 $94 $317 $3,004 $985 $635 $540 $11,447 2.0 DATA COLLECTION Ma 2.1 Gopher State One Call _ 2.2 Base Mapping 2.2.1 Private Utilities 2.2.1.1 Collect Mapping 0.5 1 4 2.2.1.2 Add to Base Sheet(1) 2 2.2.2 Public Utilities 2.2.2.1 Collect Mapping(2) 1 1 2.2.2.2 Add to Base Sheet(3) 3 2.2.2.3 Sanitary Sewer Inspection Data(24) 0.5 1 2.2.3 Aerial Mapping(23) 2 2.3 Wetland Evaluation(4) 2.3.1 1 Wetland determination/delineation 8 1 2.3.2 Wetland Delineation Report 8 2.4 Final Topographic Survey(39) 12 12 2.5 Field Reconnaissance Photo Survey 1 4 Subtotal Hours 2 16 11 5 12 12 4 Subtotal Labor Cost $337 $1,566 $1,224 $410 $1,088 $926 $367 $5,918 3.0 GEOTECHNICAL EVALUATION 3.1 Develop soil slratigraphy/profile 4 0.5 3.2 Assess trench excavation and backfill 1 2 3.3 Assess piling system and loading 1 2 10 0.5 3.3.1 Draft Geotechnical Technical Memorandum 1 8 3.3.2 Final Geotechnical Technical Memorandum 1 2 — 3.4 Final plan development 2 12 Subtotal Hours 2 6 38 1 Subtotal Labor Cost $337 $881 $4,720 $111 $6,049 4.0 DESIGN 4.1 Sanitary Sewer 4.1.1 Sanitary sewer manhole analysis(8) 1 2 2 Pagel of 4 ESTIMATED HOURS ESTIMATED CLIENT SENIOR SENIOR SENIOR SURVEY COST PROJECT ENGINE H STRUCTURAL TRANSPORTATION PROJECT STAFF SURVEY CREW PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER STRUCTURAL ENGINEER TRANSPORTATION ENGINEER SCIENTIST ENGINEER ENGINEER SENIOR TECHNICIAN CHIEF INSTRUMENT ADMIN TECH MANAGER ENGINEER ENGINEER ENGINEER OPERATOR 4.1.2 Sanitary sewer pipe sizing(9) 1 8 _ 4.1.3 Pile and pile cap analysis 1 2 0.5 3 4 4.2 Create cross-sections to determine grading limits 2 4 4.3 Investigate Right-of-Way/Easements Acquisition(10) 0.5 1 2 (11) 4.4 Traffic Control(13) 1 2 20 2 20 Subtotal Hours 3.5 2 0.5 3 2 20 18 6 20 2 2 Subtotal Labor Cost $589 $248 $94 $317 $357 $2,191 $2,003 $492 $1,779 $181 $154 $8,406 5.0 BID DOCUMENT PREPARATION(14) 5.1 Plans M • 5.1.1 Easements/ROW Acquisition(I I) 5.1.1.1 Parcel 17-116-22-11-0016 5.1.1.1.1 Prepare drawing showing needed easement/ROW 1 0.5 1 4 5.1.1.1.2 Prepare legal description of needed easements/ROW(15) 4 5.1.1.2 Parcel 17-116-22-11-0007 5.1.1.2.1 Prepare drawing showing needed easement/ROW 0.5 _ 1 4 5.1.1.2.2 Prepare legal description of needed easements/ROW(15) 4 _ 5.1.1.3 Parcel 17-116-22-11-0005 5.1.1.3.1(Prepare drawing showing needed easement/ROW 0.5 1 4 5.1.1.3.2 Prepare legal description of needed easements/ROW(15) 4 5.1.2 Title Sheet 1 2 5.1.3 Storm Water Pollution Prevention Plan 2 2 5.1.4 Detail sheet 5.1.4.1 Utility 1 4 3 5.1.4.2 Erosion control 2 4 5.1.4.3 Piling 1 2 5.1.5 Plan and profile sheets 1 2 4 16 5.1.6 Piling Layout 0.5 0.5 4 2 4 5.1.7 Restoration(17) 0.5 4 5.1.8 Erosion control(17) 0.5 4 5.1.9 Temporary Access Plan 0.5 4 5.1.10 Cross sections 1 2 4 Subtotal Hours 1 5 2 0.5 4 34.5 61 Subtotal Labor Cost $168 $842 $248 $94 $423 $3,838 $5,006 $10,619 5.2 Project Manual 5.2.1 Front cod(18) 2 5.2.2 Special Conditions 5.2.2.1 Civil 2 20 16 5.2.2.2 Traffic Control 1 2 5 2 2 5.2.2.3 Geotechnical 4 2 2 5.2.2.4 Restoration 1 1 2 5.2.3 Proposal Form 0.5 1 5.2.4 Form of contract 0.5 1 5.2.5 Performance Bond 0.5 1 5.2.6 Payment Bond 0.5 1 5.2.7 Soils Borings 0.5 1 Subtotal Hours 3 4 2 5 1 27.5 29 Subtotal Labor Cost $505 $497 $357 $548 $98 $3,060 $2,661 $7,725 Page 2 of ESTIMATED HOURS ESTIMATED CLIENT PROJECT SENIOR SENIOR SENIOR SURVEY COST GEOTECH STRUCTURAL TRANSPORTATION PROJECT STAFF �, SURVEY CREW PROJECT TASKS SERVICE MANAGER GEOTECH ENGINEER STRUCTURAL ENGINEER TRANSPORTATION ENGINEER SCIENTIST ENGINEER ENGINEER SENIOR TECHNIC CHIEF INSTRUMENT ADMIN TECH MANAGER ENGINEER ENGINEER ENGINEER (OPERATOR 5.3 Opinion of Probable Cost 5.3.1 Quantity Calculations 5.3.1.1 Piling 2 0.5 2 2 1 5.3.1.2 Sanitary Sewer 1 2 5.3.1.3 Dewatering 1 1 2 5.3.1.4 Earthwork 1 1 2 5.3.1.5 Stormwater Management BMPs 1 2 5.3.1.6 Restoration 1 2 5.3.2 Opinion of Probable Cost 5.3.2.1 Piling 2 1 2 5.3.2.2 I Sanitary Sewer 1 2 5.3.2.3 Restoration 1 2 5.3.2.4 Stormwater Management BMPs 1 2 Subtotal Hours 2 4 0.5 2 11 19 Subtotal Labor Cost $337 $497 $94 $212 $1,224 $1,559 $3,922 6.0 MEETINGS 6.1 Kick off Meeting with City 1 3 3 1 6.2 Meetings with Deli Express(35) 1 3 3 1 1 6.3 Pre-Stake Holder Meeting with City(12) 3 3 1 6.4 Stake Holder Meetings(19) 3 3 1 1 6.5 Intermediate Design Meeting with the City 3 1 6.6 Final Design Meeting with the City 3 3 1 Subtotal Hours 2 15 18 6 2 Subtotal Labor Cost $337 $2,526 $2,003 $492 $184 $5,541 7.0 PERMITS(20) 7.1 Mn/DOT(21) 7.1.1 Design 3 7.1.2 Construction 3 2 7.2 Watershed District assuming required - 1 _ 7.3 NPDES Permit and S WPPP 2 7.4 Sanitary Sewer Permit 3 7.5 Wetland Permits(WCA,USACE)(36) 16 7.6 Agency coordination 1 4 Subtotal Hours 1 16 16 2 Subtotal Labor Cost $168 $1,566 $1,780 $184 $3,698 8.0 BIDDING ASSISTANCE 8.1 On-line Bidding Document Preparation 4 8.2 Ad for Bids 1 2 8.3 Pre-Bid Meeting 1 3 4 8.4 Respond to Bid Inquires 1 3 8.5 Addendums 1 2 1 2 8.6 Bid Opening 1 1 2 8.7 Prepare Tabulation of Bids 2 8.8 Prepare and Send Bid Documents to Bidders 12 1 I Subtotal Hours 1 4 I I I 10 6 I 22 Subtotal Labor Cost $168 $674 $1,113 $492 $2,019 $4,466 CLIENT SENIOR SENIOR SENIOR SURVEY PROJECT GEOTECH STRUCTURAL TRANSPORTATION PROJECT STAFF SURVEYCREW ESTIMATED SERVICE ENGINE R STRUCTURAL TRANSGINEER ON SCIENTIST SENIOR TECHNICIAN N'STR msn ADMIN TECH MANAGER MANAGER ENGHJEER ENGINEER ENGINEER ENGINEER ENGINEER ENGINEER ENGINEER ENGINEER CHIEF OPERATOR COST PROJECT COST SUMMARY I Subtotal Hours 4 43 16 78 2 12 4 25 33 174.0 115 20 21 21 59 627 Subtotal Labor Cost 674 7,241 2,350 9,688 375 1,269 714 2,739 3,231 19,359 9,437 1,779 1,904 1,620 5,414 $67,792 Subtotal Expenses(20)(22) $793 Subtotal $68,585 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $68,585.19 P:tAE\EEdenp\1125S6\1GenM6-contracFtTHR TH 5 San Sewer Repairxlax]Hours-Coate Page 3 of 4 NOTES (I)Includes time for adding as-builts received from Gopher State One Call for private utility companies into base file(i.e.:gas,electric,telephone,fiber optic,etc...). (2)SEH to review previously provided asbuilts of utilities.City to supply more recent pertinent information including updated sanitary sewer flow information and manhole rim elevations. (3)Includes time for adding as-builts into base file(i.e.:storm sewer,sanitary sewer,and watermain). (4)Task includes determining if a wetland exists in the project area and if so conducting a wetland boundary survey,writing a wetland boundary report and adding the survey to the base maps. (5)The cost for drilling and testing is not included in this proposal.Braun Intertec will contract directly with the City for their services. (6)SEH will prepare one(1)drilling and testing request for proposal for Braun Intertec and review the scope of work with City staff following City meeting with Deli Express.Braun will complete their field work using only 1-trip to the field. (7)SEH will stake borings in the field,coordinate drilling and testing,perform review of soil samples,and assign laboratory testing. (8)Task includes physically inspecting existing manholes(without entering the manholes)that will become exit and entry points for the proposed sanitary sewer pipe alignment to determine any need for manhole rehabilitation or other special work needed inside of the manhole. (9)Task includes analysis of the collection area currently utilizing the sewer system to properly size the proposed pipe.We understand that today this pipe services a catchment area than when the pipe was orignally installed. (10)Deliverable is a table with area of required ROW and/or easement per PID. (11)No final easement and/or ROW investigation efforts will be undertaken until construction limits from the preferred design alternative proves acquisition is necessary. (12)Meeting with the City prior to stake holder meeting to go over the draft graphics and agenda to be presented at the stake holder meeting (13)Task includes investigating traffic control needs during construction along TH 5 as well as temporary access to the project area.Consideration for impacts of construction of MnDOT snow removal operations must be considered.No traffic control plansheet will be included. (14)Bid document plan sheets will include the following: •Aerial topography files with two-foot contours •Estimated locations of existing right-of-way and property lines as well as any necessary easements If needed,limits of wetland boundaries •Locations of existing TH 5 infrastructure •The pipe profile compared to the existing pipes and adjacent east bound TH 5 edge of shoulder profile •Horizontal and vertical alignment for the proposed pipe and piling used(if necessary) •If needed,suggested locations of the horizontal directional drilling rig •Profile of the existing and proposed sanitary sewer manholes •Proposed grading limits along the entire length of the project (15)SEH RLS to prepare legal description. (16)This graphic completed and transmitted to the City via email as a PDF file on 6/15/10. (17)These plans will be incorporated into the roadway plan and profile sheets.However,if the plans become too busy or cluttered,separate plan sheets will be added to the plan. (18)Includes cover/certification,index,notice to contractors,instructions to bidders,general conditions,and all 4 standard detail specifications. (19)Stake Holders to include,but not limited to MnDOT,DNR,Watershed District and City.Includes up to two meetings.Because the City owns the sanitary sewer,Metropolitan Council will not be invited to the meeting. (20)City will pay for all fees associated with permitting. (21)Includes time for obtaining MnDOT right of way permits needed during design(topographic surveying,site visits,and geotechnical field work)and for construction (22)Reimbursable expenses include printing deliverables,printing and mailing bid documents,survey equipment and mileage,and non-survey related mileage (23)Includes time to add latest aerial photo to base drawings for the purpose of project graphics (24)Includes time to review City supplied closed circuit televison(CCTV)inspection logs or videos of the existing pipes.No additional CCTV inspections will be undertaken as part of this project. (25)Task includes updating the costs included in the 2002 Report on Sanitary Sewer only for alternative three (26)Task includes providing the City with the preliminary limits of easement areas for affected parcels on the proposed improvement graphic.We will include the amount of each area in a table on the graphic.The City will use this information to calculate an estimate of land acquisition costs. (27)Task includes time for SEH to investigate the need for permits,cost of permits and timing of permits (28)Graphic is similar in format to Exhibit No.2 found in Report on Sanitary Sewer Repair TH 5 Between Eden Prairie and Fuller Roads dated 4/18/02.Graphic will feature updated aerial photography and if needed,proposed easements. (29)See 6.0 Meetings for task hours (30)Task includes investigating up to two additional alternatives for sanitary sewer repair using the 3rd alternative from the SEH 2O02 report as a starting point.Alternative options shall include manhole locations,horizontal directionally drilling,open cut,helical piling vs pipe piling and possible alignments through private parcels. (31)Deliverable is a proposed improvement graphic and table showing costs of alternatives not including land acquisition costs.Alternative 3 from SEH 2O02 report will be included with updated 2010 costs plus two additional alternatives. (32)For City's use in meetings with property owners (33)Analysis includes comparing helical piling vs.pipe pile for use in an alternative alignment through wetland soils. (34)Includes investigating for the alternative alignment using open cut vs horizontally directionally drilled method of pipe installation. (35)Up to two meetings to discuss alternatives (36)Assumes that permits will be for exemption and General Permit for temportary impacts,and that no wetland mitigation is required. (37)Assuming the pipe alignment is on Deli Express property,this investigation will is based on conversations the City had with the Deli Express property owners. (38)Survey will include setting up control,manhole locations,edge of road,edge of bank,edge of water and limited ground shots (39)Final survey includes cross sections through City chosen repair alternative alignment and additional survey requirements up to two site visits. (40)For pipe installation using horizontal directional drilling,the profile investigation will include estimating the location of the drill rig.For some of the pipe runs,the drill rig may encroach MnDOT ROW.This may adversely impact MnDOT snow removal operations. Page 4 of 4 • - Y. {' ,_ rd . fit. {: On +' may".." .'. i•'. >,`. ,f• I y _ PROJECT " A ., _�� �k — '' i AREA _ .. • In 1 R+ I ` ABANDONED -1 -� - IC -- TAT1V 15 - f I -I 4 _y - -.• ■ MH Cj ti•. f' - ,y41 G - _I t err .., I .% . u0 WU - .i Y+J F F .� �'r- € iI r '7 y:T i y7..• d • 61111*, aI+ :Z - L - r t 1 f { iF r A •;ice 4 - - :, , 2 ' -:, ..'7'4;1116;17411-'ilit'll...... f 4411 f.,,4 - ! '. .„..: '''-' 2:254iiiiiiiiiiiIIIiihejligifta,2.4'sar . • 4' ���1 LEGEND •� �"' _ x. F PRELIMINARY ALTERNATIVE DESIGN `r r _ I " 'r . _; ORIGINAL CAST IRON PIPE ► - r _- _ ""} - --- REGIONAL INTERCEPTOR MAIN ! $ - Illar- •- -� REPLACEMENT PVC MAIN " II. yn .�i IP .�_ Pit .5 N EDENP112596 Iiill A goo 100 DRAWING NO. 1 EDEN 0Scale Go JULY 13, 2010 PRAIRIE SEH CITY COUNCIL AGENDA DATE: July 20, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development/Planning 78th Street Market Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Commercial Highway Zoning District; and • Adopt a Resolution for Site Plan Review; and • Approve the Development Agreement for 78th Street Market. Synopsis This is final approval of the plans and development agreement for a new 7,600 square foot retail building. Background Information The 120-Day Review Period Expires on September 3, 2010. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement 78TH STREET MARKET CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2010-PUD-3-2010 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 Highway Commercial Zoning District 12-2010-PUD-3-2010 (hereinafter "PUD-3-2010-C- HWY). Section 3. The City Council hereby makes the following findings: A. PUD-3-2010-C-HWY is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2010-C-HWY 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-3-2010-C-HWY are justified by the design of the development described therein. D. PUD-3-2010-C-HWY is of sufficient size, composition, and arrangement that its construction, marketing, and operation is 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 July 20, 2010, entered into between KTJ 187, LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2010-C-HWY, 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 Highway Commercial Zoning District and shall be included hereafter in the Planned Unit Development 3-2010-C-HWY, 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 15th day of June 2010, 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 July, 2010. ATTEST: Kathleen Porta, City Clerk Brad Aho, Acting Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A PUD Legal Description — Lot 1, Block 1, Phillips 66 First Addition 78TH STREET MARKET CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2010-PUD-3-2010 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 8045 Flying Cloud Drive within the Highway Commercial 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 Brad Aho, Acting Mayor PUBLISHED in the Eden Prairie News on , 2010. (A full copy of the text of this Ordinance is available from City Clerk.) 78TH STREET MARKET CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR 78TH STREET MARKET BY KTJ 187, LLC WHEREAS, KTJ 187, LLC, has applied for Site Plan approval of 78th Street Market to construct a 7,600 square foot retail building, by an Ordinance approved by the City Council on July 20, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 24,2010 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 15, 2010 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to KTJ 187, LLC based on the Development Agreement between KTJ 187, LLC and the City of Eden Prairie, reviewed and approved by the City Council on July 20, 2010. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 2010. Brad Aho, Acting Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT 78th STREET MARKET THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July 20, 2010, by KTJ 187, LLC a Minnesota L i mi ted L i abi I i ty Company , 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 Review on 1.22 acres,Planned Unit Development District Review and Zoning District Amendment in the C-HWY Zoning District on 1.22 acres and Site Plan Review on 1.22 acres, legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment in the C-HWY Zoning District on 1.22 acres,and Resolution No. 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 June 15, 2010, reviewed and approved by the City Council on June 15, 2010, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees 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 Land 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 buildings 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 grading and drainage plan contained in the Plans is conceptual. 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 shal I be responsible for al I monitoring, data entry and reporting to the Permi Track 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,maintenance of approved vegetation,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): 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. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 24 caliper inches,including a decorative metal fence with brick and /or stone columns spaced every 12-16 feet. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond,cash escrow,or letter of credit,equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of 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. 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 construction of the 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. 10. OWNER' S SUPPLEMENT TO DEVELOPM ENT AGREEM ENT: The Owner' s Supplements to this Agreement executed by and between the City of Eden Prai ri e and the fol I owi ng are attached hereto and made a part hereof. A. H of i day Stationstores, Inc. 11. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 12. 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 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. TRASH ENCLOSURE: Prior to building permit issuance, Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 14. TREE LOSS - TREE REPLACEMENT: There are 150 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 200 diameter inches. Tree replacement required is 200 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 200 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 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 KTJ 187, LLC By By Joseph H. Ryan Phil Young Its President Its Mayor By By _ Its Scott H. Neal 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 Joseph H.Ryan,the President,of KTJ 187,LLC,a Minnesota L i mi ted L i abi I i ty Company on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 M i tchel I Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—WEST 78TH STREET MARKET Legal Description: Lot 1, Block 1, Phillips 66 First Addition, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT-78TH STREET MARKET Exhibit B 1. Title Sheet, dated May 20, 2010, revised July 6, 2010, by MFRA 2. Existing conditions, dated May 20, 2010, revised July 6, 2010, by MFRA 3. Demolition plan, dated May 20, 2010, revised July 6, 2010, by MFRA 4. Site plan, dated May 20, 2010, revised July 6, 2010, by MFRA 5. Lighting plan, dated May 20, 2010, revised July 6, 2010, by MFRA 6. Grading plan, dated May 20, 2010, revised, July 6, 2010, by MFRA 7. Erosion and sediment control plan phase one, dated May 20, 2010, revised July 6, 2010, by M F RA 8. Erosion and sediment control plan phase one, dated may 20, 2010, revised July 6, 2010, by M F RA 9. Erosion and sediment control plan details, dated May 20, 2010, revised July 6, 2010, by M F RA 10. Utility plan, dated May 20, 2010, revised July 6, 2010, by MFRA 11. Details, dated May 20, 2010, revised July 6, 2010, by MFRA 12. Details, dated May 20, 2010, revised July 6, 2010, by MFRA 13. Landscape plan, dated May 20, 2010, revised July 6, 2010, by MFRA 14. Floor Plans and Building Elevations dated May 20, 2010, revised dated July 6, 2010, by Oppidan EXHIBIT C DEVELOPMENT AGREEMENT—78TH STREET MARKET 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, 100- year 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. 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 PI an review approved i n connection with this Agreement, thus restori ng the status of the Property before the Development Agreement and all approvals l i sted 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. 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: Holiday Stationstores, Inc 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. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. IX. 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. X. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. 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 and all proposed streets,with approved street names, 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. XVI. 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. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XVII. 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. XVIII. The Developer hereby grants the City, it's 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. XIX. 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. OWNERS SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN HOL I DAY STATI ONSTORES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEM ENT, made and entered into as of July 20, 2010, by and between Holiday Stationstores, Inc. a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAI RI E ("City"): For, and in consideration of, and to induce Ci ty to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review , Resolution No. for Site Plan Review as more fully described in that certain Development Agreement entered into as of July 20, 2010, by and between KTJ 187, L L C, a Minnesota Limited Liability Company and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If KTJ 187, L LC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals l i sted above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS W H EREOF, the parties to this Agreement have caused thcsc presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE Holiday Stationstores, Inc. By By Its Phil Young Its Mayor By By Its Scott H. Neal, Its City Manager STATE OF M I NNESOTA ) ) 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 M I NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by , the of Holiday Stati onstores, Inc., a Minnesota Corporation on behalf of the corporation. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description: Lot 1, Block 1, Phillips 66 First Addition, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: July 20, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Don Richard Rezoning— 1St Reading Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Zoning District Change from Rural to R1-13.5 on 1.07 acres Synopsis This is a rezoning of a single family lot from Rural to R1-13.5 located at 12205 Sunnybrook Road. The proposed lot conforms to the requirements of the R1-13.5 zoning district for lot size and lot dimensions. Background Information The lot is a non-conforming Rural Zoned property since it does not meet the 10-acre minimum lot size. The owner wants to build an addition to the existing garage and connect the garage to the house. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on September 18, 2010. Planning Commission Recommendation The Planning Commission voted 4-0 to recommend approval of the rezoning from Rural to RI- 13.5 at the June 28, 2010 meeting. Attachments 1. Staff Reports 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: June 25, 2010 SUBJECT: Don Richard Rezoning APPLICANT/ Ellen and Don Richard OWNER: 120 DAY REVIEW: Expires September 18, 2010 LOCATION: 12205 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.07 acres BACKGROUND The owner wants to build an addition to the existing garage and connect the garage to the house. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The lot is also non-conforming since it does not meet the 10-acre minimum lot size. One option would be to grant variances, however the zoning pattern in the area is mostly R1- 13.5. Rezoning would a better choice since it would also allow the owner more flexibility for other additions without having to ask for variances. GUIDE PLAN The Comprehensive Guide Plan shows this site as Low Density Residential for up to 2.5 units per acre. Surrounding sites are guided Low Density and Park/Open Space. R1-13.5 ZONING DISTRICT The proposed lot size, lot dimensions, and street frontage conform to the R1-13.5 zoning district requirements. The existing house , existing garage and the garage additions conform to front, rear, and side yard setbacks for the R1-13.5 Zoning District. Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots. 2. The rezoning to R1-13.5 is consistent with the surrounding zoning. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. UTILITIES The house is connected to city sewer and water. STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on 1.07 acres This is based on plans stamp dated May 19, 2010 and Staff Report dated June 25, 2010. Area Location Map - Don Richard Rezoning Address: 12205 Sunnybrook Road, Eden Prairie, MN 55347 ----------. iiiii / cFro /// 4/9 GF / /410 :• Dartmouth Avenue 4, BISHOP CT) ' /+, / Milliiiiiiiiiiiiii / / / � I 0 w SUNNYBROOK RD w I I > 0 0, 0 z SITE _Lt w 0 \ Homeward Hills Road , I AL , Sunnybrook Road N N N N N 0 130 260 520 Feet I I I L I 1 I I 1 Guide Plan Map Don Richard Rezoning 12205 Sunnybrook Road, Eden Prairie, MN -----/ ---„,,,,,„ fl,/,/i/ \ ,// I \ Dartmouth Ave. \\ ////' Sunnybrook Road 7 I ita,,,,iir SITE II L___, ,,„ hillk Homeward Hills Road SI City of Eden Prairie Land Use G. ide Plan 020 N Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams '22 Low Density/Public/Open Space Community Commercial ' Principal Arterial MI Medium Density residential 2.5-10 Units/Acre - Regional Commercial —A Minor Arterial —B Minor Arterial ' + '' V/Z Medium Density Residential/Office - Park/Open Space DATE Approvedisel-07-053 DATE Revised 3-0-07 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 EDEN - High Density Residential 10-40 Units/Acre J Public/Quasi-Public DATE Revised 02-03-06 DATE Revised 10-01-07 —Minor Collector DATE Revised 03-23-06 DATE Revised 02-23-06 DATE Revised 10-01-07 Office Golf Course DATE Revised 06-23-06 DATE Revised 03-01-08 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE V//� Office/Public/Open Space Open Water - »e�:=t......�.o..m 5F:..,...,.,a.r.,..� .„,j, „r.a.emi7+.,o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 0 I Miles Zoning Map Don Richard Rezoning 12205 Sunnybrook Road, Eden Prairie MN / illief 4 MTh Dartmouth Ave. 1 III nM 110 i • Homeward Hills Road r mumpir __,__„_3__-.. ,_„„„,, IIIF.mkI g 10a_w rn r a.lp . I SITE Sunnybrook Road \t voila____,, aim Er a IP, mu mom ....._ II %ir ;io.>„_, 1 kvi\L iNi iirit \ Homeward Hills Road - ilik 111111P4PPihillir4 rarillhi Pft girt Jit, r 'IDA City of Eden Prairie Zonl • • Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GDI General Development Waters(Creeks Only) f rp i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. nirl General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of decrepency rdated to a zoNng classification on this zoNng map,the Ordinance uVE•WOKK•OREAM and attached legal description on file at Eden Paide City CeNer will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 -Regional Service Commercial Miles Aerial Map Don Richard Rezoning 12205 Sunnybrook Road, Eden Prairie, MN rial . :), iri'A . L,. 4rili 1 i F*# +- f ti .....• ii. . new p___.... 7,......_ y • Dartmouth Ave ,� .11 m-••L•% -" , : P,r-A. k i.i:.41.t.i 1.117,..r.e• Iiii..1,j%i 0''11- • -• --.01..r-..•. . , .i.r.L. ,:ja, !,i,••P.. .A4._•, ._. iik.,.. ,___ _ ,—.M•.P.i1t.r._._..._ .,...a, •• - ` , . Sunnybrook Road • +� {• y • - . I - •* . , _.... . r I ilkii .4. . Tit..,64 ,• is.,.. 4......- 'iorI• , .o:oi :, -tr. 1 •• . 4' . - , .. imm' 1 *-4!__- -.1$''' . . _. I. a ' — '' X a. '.j. .1141"A. 4111. . I. . .... • 041qt. . 1: _ I Homeward Hills Road k‘ic- .,,=,.. . _ . * .. , ., L y a A - 6. • ,1 , ., ,. ,,} .4:41c. .. 40 .. . 4.Ar',.. • .f.di ,„„si, UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 28, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, 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. Kirk, Lechelt and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Lee, seconded by Wuttke, to approve the agenda. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 24, 2010 Wuttke had a revision on page 5, second paragraph. Delete the comment, "and Zoning District Change from Rural to R1-13.5 on 0.55 acres". MOTION by Wuttke, seconded by Lee, to approve the minutes as amended. Motion carried 4-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES June 28, 2010 Page 2 A. DON RICHARD REZONING(2010-04)by Awad&Koontz Architects Builders Inc. Location: 12205 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 1.07 acres Franzen presented this proposal and stated this lot meets the dimensional and square foot requirements. Rezoning to R1-13.5 is appropriate for the following reasons: The zoning is consistent with City policy to eliminate non-conforming lots. The rezoning to R1-13.5 is consistent with the surrounding zoning. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. Staff recommendation is for approval. Stoltz opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Wuttke, to close the public hearing. Motion carried 4-0. MOTION by Pitzrick, seconded by Lee, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 1.07 acres based on plans stamped dated May 19, 2010 and the staff report dated June 25, 2010. Motion carried 4-0. B. VARIANCE #2010-05 by Randy's Bobby& Steve's Auto World Location: 8100 Flying Cloud Drive Request: • Variance Request#1 —To permit a dynamic display area of 34.5 square feet for proposed Sign#1 V6. City Code permits 35% of 80 square feet or 28 square feet. • Variance Request#2—To permit a dynamic display area of 15.6 square feet for proposed Sign#2 V2. City Code permits 35% of 36 square feet or 12.6 square feet. • Variance Request#3—To permit the distance between two free-standing signs (proposed Sign#1 V6 and proposed Sign#2 V2) at 245 feet. City Code requires 300 feet. • Variance Request#4—To permit proposed Pylon Sign#1 V6 with a setback of 10 feet' from the property line. City Code requires 20 feet. • Variance Request#5—To permit proposed Pylon Sign#2 V2 with a setback of 2 feet from the property line. City Code requires 15 feet when parking occurs within the required front yard setback. • Variance Request#6—To permit proposed Pylon Sign#2 V2 at 80 square feet with dynamic display of 34.5 square feet and sign setback of 2 feet. City Code permits the second free-standing sign at 36 square feet, a dynamic display area of 12.6 square feet and a sign setback requirement of 15 feet. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 28, 2010 Page 3 Steven Williams, of Randy's Bobby& Steve's Auto World, presented the proposal. He stated they are located on the corner of Singletree Lane and Flying Cloud Drive. They have looked at the plans and signage and the placement of the Town Center sign. The placement of the Town Center sign is of a concern to them because they feel they are competing with this sign. Mr. Williams stated because of this they are asking for the placement and size variances and pointed out this issue is a very deep concern of the company. Stoltz said he will read each variance separately and discuss each one individually. After reading the first variance request, Stoltz asked Franzen to review the staff report. Franzen said part of this request has to do with size. The reason on#1 is to have a conforming sign on display. The City is trying to maintain consistency with dynamic display signage. He stated the City is concerned with the 35% of this variance and since this is a new type of variance, they do not want to start granting variance requests for this. The same logic would be for variance request#2. Jim Hoeft, of 6035 235th Street, Farmington, representing Randy's Bobby & Steve's Auto World, addressed some of the signage issues. He stated the Holiday Stores all have 4' x 6' signs. Bobby& Steve's are in order with their 4' x 8' signs. He stated they are asking that these signs be this size for consistency for Bobby& Steve's also. They all use the 4' x 8' signs and it would be expensive to change that size. All they are trying to do is to make all the signage at all of the Bobby& Steve's consistent. Stoltz asked what the price difference would be to create a 28ft. sign. Mr. Hoeft said the content creating would be $150 an hour and the size of the display would be an additional $500. Stoltz said he would like to see drawings or content of the signage to see why there is a concern for the variance request. Pitzrick said he would like to see where the City signs would impede on the Bobby& Steve signs. He would like the project proponents to do a picture analysis of the different sizes of sizes; the 28 foot sign and the 34 foot sign. Stoltz concurred the visual aspect would be helpful. Wuttke said the visual would create a level of certainty if signage would be a traffic hazard. Mr. Hoeft said he has done signage for other companies and there have been no cases to date that the signs are traffic hazards. He pointed out the target audience would be traffic coming from Flying Cloud Drive. Their plan is to make the signage large enough not to cause gawker slow down. Mr. Hoeft said the size they are asking for fits into the scope of electronics. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 28, 2010 Page 4 Pitzrick stated he would like to know where the City plans on putting up their sign and feels it is a little presumptuous to put a Town Center sign up right now when it is not yet developed. Mr. Hoeft utilized the overhead projector to show where the signage would be located. Pitzrick stated his biggest concern is the City's sign and asked why it cannot go somewhere else. Stoltz asked Franzen if in fact the City sign could be moved. Franzen said he would have to check into that. Stoltz asked if the City sign could not be moved would they consider making the sign smaller. Mr. Williams said the bigger sign would be able to conform with the signs at the other Bobby& Steve's that are located throughout the metropolitan area. Stoltz said he would also like to see the different signage and asked if this request could be continued to the meeting in order to get a visual on the signs. Franzen said another option, since this is a two story building, would be to put the dynamic display sign on the building. Mr. Hoeft said to put display signs on building is not a good idea because it diminishes creativity. Franzen said the City and project proponent would figure something out before the next meeting. Stoltz said on variance 3, 4 and 5, there is no conflict with the City. Franzen concurred that was correct. Mr. Williams said he had a conflict with variance#4. With that being said, Stoltz decided to table all variances to the July 26th meeting. Mr. Hoeft said he wanted the Commissions thoughts on variance#6. Stoltz read the variance and asked Mr. Hoeft what he was concerned with. Mr. Hoeft said there is only one entrance to the gas facility and he feels the 36 sq. ft. sign would be a little bit small. He pointed out if people do not see it right away, after making the corner, they could potentially slam on their brakes to get into the entrance. A bigger sign would let people know a little more in advance. Franzen said the road improvements are going to be made, including a dedicated left turn lane. He feels it is not necessary to have a larger sign. Mr. Hoeft said the bigger signs identify the building as a gas station because the pumps are hidden by pylons. He stated people need to see the gas price sign. Pitzrick said in regards to variance "6, he would like to stick with City code. Stoltz opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Wuttke, to recommend a continuance to the July 26th, 2010 meeting. Motion carried 4-0. VII. PLANNERS' REPORT Franzen stated the July 12th Planning Commission Meeting is canceled. The July 26th meeting will have a total of 4 variance requests, including the return of Randy's Bobby& Steve's Auto World. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 28, 2010 Page 5 VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Lee, to adjourn the meeting. Motion carried 4-0. There being no further business, the meeting was adjourned at 8:01 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Jay Lotthammer, Director, Park and Recreation Proposed Fees for 2011 Parks and Recreation Requested Action Motion to: Approve the proposed Park and Recreation fees and charges for inclusion in the 2011 budget. Synopsis Staff is submitting the proposed changes to fees and charges for inclusion in the 2011 budget. This item was reviewed and discussed by the Parks, Recreation and Natural Resources Commission and was unanimously recommended for City Council approval. A notice of the public hearing appeared in the July 8th Eden Prairie News. These fees and charges are a part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. Proposed increases from 2010—2011 are: 1. Ice Hourly Rental Rate will increase $5 per hour for all season fees. 2. Riley Jacques Barn rental rates will increase from $40 - $45 per hour. 3. Monthly and annual membership rates will increase an average of 3%. 4. Oak Point Pool Rental Rates will increase an average of 3%. 5. Ballfield lighting charges for tournaments will be calculated by the hour versus a flat fee. Additional fees for 2011 are: 1. Preferred caterer vendor fees Resident businesses $50 annual fee Non-resident business $100 annual fee 2. Group rental catering fees Rooms 101 and 203 and viewing areas $10 for rental Rooms 202 and 204 $15 for rental Room 201, Small Group Cambria and Lounge $25 for rental Large Group Cambria Gym, Rink 3 $50 for rental Park and Recreation Proposed Fees for 2011 July 20, 2010 Page 2 Background Fees and charges are established for programs and services offered through the Parks and Recreation Department. Historically, the fees and charges have been approved by the City Council towards the end of the calendar year. From a practical standpoint, this meets the requirement for inclusion into the next year's budget. However, in order to promote the programs and services that these fees and charges are associated with in a timely manner(approximately September), staff has had to assume that these fees would be acceptable to the City Council. In order to advance the timeline for approval and allow time for additional comments and suggestions, staff is proposing the following timeline: June Review proposed fees and charges with the Parks, Recreation and Natural Resources Commission July Submit to City Council for Approval Late Fall Include with Resolution for all City Fees and Charges January Implement Approved Fees Attachment Proposed 2011 Fee Resolution Charts 2011 Fee Resolution Parks and Recreation Service Fee Description 2010 2011 %Change 10 toll COMMUNITY CENTER Community Center Membership Benefits 1.Ind udesfull use of fitness facllity including a compl i mentary equipment orientation 2.I nd udes group fi tness d asses(except sped alty fi tness dasses such as Yoga and Pi I aces) 3.I ndudes use of racquetball courts 4.I ndudesfree open gym,skate and svim Additional Information 1.Onetime administrativefeeof$29.00 2.Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on theist of every month. 3.10%discount for 12 month up front payment. 4.$5.00 monthly suspend on fee avai'able for up to 3 months per 12 month term. Guidelinesfor Membership Types Youth Membership Defined as any child 18 years of age and younger. Adult Membership Defined as any individual ages 19 years of age and older. Dual Membership Any two adults or adult and youth rending at the same address. Dual Plus One Any two adults plus one youth or one adult and two youths red di ng at the same address. Household Membership Any two adults and up to four youth rending at the same address. Senior Defined as any individual 62 yeersof ageand older. Extended Household See Community Center Management for membership optionsthat indude larger families,nannies,and babysitters. Senior Dual Membership Any one senior and one additional member(55 or older)rending at the same address. Monthly Resident Membership Rates A resident ether lives or worksin Eden Prairie.Valid for 12 months from date of purchase. 10%discount on upfront purchaseof 12 month membership Youth(18 aid under) $ 26.00 Monthly rate plusapplicabletaxes $ 24.75 $ 26.00 5.1% Adult(19andover) $ 34.00 Monthly rate plusapplicabletaxes $ 33.00 $ 34.00 3.0% Dual $ 60.50 Monthly rate plusapplicabletaxes $ 58.75 $ 60.50 3.0% Dual Plus One $ 71.50 Monthly rate plusapplicabletaxes $ 69.00 $ 71.50 3.6% Household $ 82.00 Monthly rate plusapplicabletaxes $ 79.50 $ 82.00 3.1% Senior(62 and older) $ 26.00 Monthly rate plusapplicabletaxes $ 25.00 $ 26.00 4.0% Senior Dual $ 45.50 Monthly rate plusapplicabletaxes $ 44.00 $ 45.50 3.4% Page 1 of 5 2011 Fee Resolution Parks and Recreation Service Fee Description 2010 2011 %Change 10 to 11 Monthly Non Resident Membership Rates Youth(18 aid under) $ 41.00 Monthly rate plusapplicebletaxes $ 39.75 $ 41.00 3.1% Adult(19a id over) $ 41.00 Monthly rate pl us appl icebletaxes $ 39.75 $ 41.00 3.1% Dual $ 73.00 Monthly rate pl us appl icebletaxes $ 70.50 $ 73.00 3.5% Dual Plus One $ 85.50 Monthly rate plusapplicebletaxes $ 82.75 $ 85.50 3.3% Household $ 98.00 Monthly rate plusapplicebletaxes $ 95.00 $ 98.00 3.2% Senior(62 and older) $ 41.00 Monthly rate pl us appl icebletaxes $ 39.75 $ 41.00 3.1% Senior Dual $ 73.00 Monthly rate plusapplicebletaxes $ 70.50 $ 73.00 3.5% Membership Administrative Fee $ 29.00 Fee to administer a new membership $ 29.00 $ 29.00 Membership Change Fee $ 10.00 Feeto make changes to an account $ 10.00 $ 10.00 Equipment Rental Free to Eden Prairie non profit serviceorganization groups. Ice Scates $ 2.00 Per pair $ 2.00 $ 2.00 0.0% Overhead projector inactive Pa use-fee changed toonefeefor all audio/video in 2010 inactive inactive 0.0% Projector screen inactive Peruse-fee changed toonefee for allaudio/video in 2010 inactive inactive 0.0% Racquetball racquets inactive Deposit Per racquet inactive inactive 0.0% TV/VCR cabinet inactive Peruse-fee changed toonefee for allaudio/video in 2010 inactive inactive 0.0% Audio/visual combo $ 20.00 Per use $ 20.00 $ 20.00 Audio/visual combo $ 50.00 Pa booking $ 50.00 $ 50.00 Play Care Ray Care-Member $ 2.50 Two hours;Two hour maximum $ 2.50 $ 2.50 0.0% Ray Care-Nonmember $ 3.50 Two hours;Two hour maximum $ 3.50 $ 3.50 0.0% Punch Cards-Member $ 40.00 Punch Card-20 sessions $ 40.00 $ 40.00 Punch Cad-Non member $ 60.00 Punch Cad-20 sessions $ 60.00 $ 60.00 Play Structure Under 12 months free Pa child,per visit free free 0.0% 12 months-4 years of age $ 3.50 Per child,per visit $ 3.50 $ 3.50 0.0% 5yearsto 15years $ 4.50 Per child,per visit $ 4.50 $ 4.50 0.0% Tot Time/Open Gym Members free Child must be on afanily membership free free Non Members $ 5.50 $ 5.50 $ 5.50 Page 2 of 5 2011 Fee Resolution Parks and Recreation Service Fee Description 2010 2011 %Change 10 toll Daily Full Use Pass(i ndudesopen gym,open skate,open swim,group fitness,fitness,and racquetball) Must be age 14 and up to use Fitness Center Members free free free 0.0% Individual Resident $ 8.00 Youth or adult $ 8.00 $ 8.00 0.0% Family Resident $ 16.00 Up to fivepeople living at the same address $ 16.00 $ 16.00 0.0% Individual Non Resident $ 10.00 Youth or adult $ 10.00 $ 10.00 0.0% Family Non Resident $ 20.00 Up to five peoplelivingat the same address $ 20.00 $ 20.00 0.0% Open Skate,Swim and Gym Res dent and Non Resident-feeisfor the use of open swim,open skate,and open gym Babies free up to 12 months free free Tots $ 3.50 12mthsto 4 yeas(added for 2010/2011) $ 3.50 $ 3.50 Tots $ 3.50 4 years of age and under $ 3.50 $ 3.50 0.0% Youth $ 4.50 5 years of age to18 years ofage $ 4.50 $ 4.50 0.0% Adult $ 5.00 19 years of age or older $ 5.00 $ 5.00 0.0% Family rate $ 15.00 Max 5 people living at sane address $ 15.00 $ 15.00 0.0% Lifeguards $ 16.00 Per hour $ 16.00 $ 16.00 0.0% One to 50 swimmers Second I ifeguaad required 51-100svimmers Third lifeguard required 101 or greater Add!lifeguardswill bedetermined by management depending on group size aid age Special Ice Rates-School District 272 Physical education lasses $ 75.00 Per hour-50%of non-primeti me rate $ 75.00 $ 75.00 0.0% Hockey games Primetimerate-Personnel required to run the gamessupplied by others Page 3 of 5 2011 Fee Resolution Parks and Recreation Service Fee Description 2010 2011 %Change 10to11 COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES Group Rentals Groups of 20 or greater will reed ve free rental skates when purchasing ice Lock-I n-11 p.m.to 5:30 a.m. Lock-in groupswill be charged an additional$1 per person for groups greeter than 150. Personal costs abovestated rates i ndude one buildi ng supervisor. &apervisionwill beat the discretionof the Community Center management. Thiswill be based on the number of people to be using the center,as well as the age and type of group. Scate Rental $ 2.00 $ 2.00 $ 2.00 0.0% Lifeguards $ 16.00 Per hour $ 16.00 $ 16.00 0.0% 1 to 50 parti d pants-2 I ifeguards requi red 51 to 100 parti d pants-3 I ifeguards requi red 100plus porn d pants-4 lifeguards required. Additional lifeguardsdeterminedbymanagement depending on group size and ages Pool rental $ 53.00 Per hour.Two hour minimum plus$16.00/hr per lifeguard $ 53.00 $ 53.00 0.0% COMMUNITY CENTER ADVERT!SING FEES Note Once groups have paid for the initial multi-year agreement,they may renew the contract each year for 1 year at the pro-rated fee. Ice resurfaces $ 1,500.00 Per side per year/5 year term($2,500 for both sides) $ 1,500.00 $ 1,500.00 0.0% score board $ 1,500.00 Per side per year/5 year term $ 1,500.00 $ 1,500.00 0.0% On-Ice logo $ 1,500.00 Per two 4'x4'logos per year/3 year term $ 1,500.00 $ 1,500.00 0.0% Dasher board $ 950.00 Annually/3 year term $ 950.00 $ 950.00 0.0% OAK POINT POOL Pool Rental-Lifeguards Pool rental in addition to thesefees 9nall slide pool rental only $ 47.00 Per hour for three lifeguards $ 46.00 $ 47.00 2.2% Requiresa minimum of three lifeguards Add'I lifeguardswill bedetermined by management depending on group size and age Large pool rental only $ 32.00 Per hour for two lifeguards $ 31.00 $ 32.00 3.2% Requires a minimum of 2lifeguards Basal on non-holiday hours Rental of entire pool facility $ 79.00 Per hour for five lifeguards $ 77.00 $ 79.00 2.6% Requiresa minimum of 5lifeguards Page 4 of 5 2011 Fee Resolution Parks and Recreation Service Fee Description 2010 2011 %Change 10 to ll BEACHES Boat&Marina Rental Canoe rack storage $ 45.00 Per rack per season $ 45.00 $ 45.00 0.0% ORGANIZED ATHLETICS Adult League Play Non youth sport teams $ 40.00 Per game $ 40.00 $ 40.00 0.0% Ball Field Tournaments Sate,regional,and national tournaments $ 100.00 Per day,per field $ 100.00 $ 100.00 0.0% Other youth and adult tournaments $ 100.00 Per day,per field $ 100.00 $ 100.00 0.0% Additional charge when Iightsareused $ 15.00 Pe-day,per field/Changed to per hour as of 2011 $ 15.00 $15/hr. 0.0% For new soccer field for tournament $ 170.00 Per field set-up $ 170.00 $ 170.00 0.0% Clinicsand Camps $ 50.00 Per day,per field $ 50.00 $ 50.00 0.0% ART CENTER Art Center Membership Benefits 1.10%off dosses 2.Invitation to sped events 3.10%off select supplies 4.10%off birthday parties(Art Center birthday parties only) 5.Sped s studio clULle outddeof dasstimes 6.Subscription to City News emal newsletter 7.$5.00 off Walker Art Center membership 8.$5.00 off the one-ti me admi ni strative fee at the Eden PrarieCommunity Center for new members Membership Rates A household indudestwo adultsand up to 4 children. Additions family members can be added to the household membership for$5.00 a person Individus $ 30.00 Annus rate plus applicabletaxes $ 30.00 $ 30.00 0.0% Household $ 45.00 Annus rate plus appli cabletaxes $ 45.00 $ 45.00 0.0% Page 5 of 5 2011 Fee Resolution- Parks and Recreation Fadlities Group 1 I Group2 I Group 3 Fadlity Fadlitylnformation 2010-1 2011-1 %Change 2010-2 2011-2 %Change 2010-3 2011-3 %Change 10to11 10to11 10to11 COMMUNITY CENTER Request must be submitted to Community Carta Manager or Customer Service Representative a mi ni mum of two weeks prior to requaded date Times and dates must not oonflict with al misting program or activity.City programs have pri ori ty. Eden PrarieAthletic Associations raaveonefreemeeting room um per month. IceArena-Rinks1,2 3 Qnringprimetime-Math 1 thru une13-3 p.m.to 11 p.m. Per hour pl us Roplicable taxes $ 175.00 $ 180.00 Per Hour 2.9% $ 175.00 $ 180.00 Per Hour 2.9% $ 175.00 $ 180.00 Per Hour 2.9% Monday-Friday,weekends,holiday, non-school days Sting non-primetime-Mach 1 thru une13-before3 p.m.and after 11 p.m. Pe-hour plus applicabletaxes $ 150.00 $ 155.00 Per Hour 3.3% $ 150.00 $ 155.00 Pa Hour 3.3% $ 150.00 $ 155.00 Pa Hour 3.3% Monday-Friday; Sommer time-une14thru Aug 31-6am.toll p.m. Per hour plusapplicabletaxes $ 165.00 $ 180.00 Per Hour 9.1% $ 165.00 $ 180.00 Pe Hour 9.1% $ 165.00 $ 180.00 Per Hour 9.1% Fat primetime-Sgltanber 1 thru Soptember 30-3 p.m.to 11 p.m. Per hour plusapplicabletaxes $ 175.00 $ 180.00 Pe-Hour 2.9% $ 175.00 $ 180.00 Pa Hour 2.9% $ 175.00 $ 180.00 Pa Hour 2.9% Monday-Friday,weekends holiday, non-school days Fall non-primetime-September 1 thru September 30-before3 p.m.aid after 11 p.m. Per hour pl us appl icable fates $ 150.00 $ 155.00 Pa Hour 3.3% $ 150.00 $ 155.00 Per Hour 3.3% $ 150.00 $ 155.00 Per Hour 3.3% Monday-Friday; Winter primetime-October 1 thru February 29-3 p.m.to 11 p.m. Per hour plusapplicabletaxee $ 185.00 $ 190.00 Per Hour 2.7% $ 185.00 $ 190.00 Per Hour 2.7% $ 185.00 $ 190.00 Per Hour 2.7% Monday-Friday,weekends holiday, non-school days Winter non-primetime-October 1 thru February29-before3 p.m.aid after 11 p.m. Per hour pluseoplicableta es $ 150.00 $ 155.00 Pa Hour 3.3% $ 150.00 $ 155.00 Per Hour 3.3% $ 150.00 $ 155.00 Per Hour 3.3% Monday-Friday; MEETING ROOMS Beg nning in 2010 all meeting rooms will beplusapplicableta es Birthday nifty are Per hour plusapplicabletmes n/a n/a $ 30.00 $ 30.00 $ 30.00 $ 30.00 Canbria Room 2hr minimum Pa hour plusapplicebletaxes $ 45.00 $ 45.00 0.0% $ 50.00 $ 50.00 0.0% $ 65.00 $ 65.00 0.0% Dry floor-3rd rink cement floor Pa hour plusapplicabletaces $ 40.00 $ 40.00 $ 50.00 $ 50.00 $ 65.00 $ 65.00 Gymnasum(1 court) Pa hour plusapplicabletaxes $ 25.00 $ 25.00 $ 35.00 $ 35.00 $ 50.00 $ 50.00 Gymnasum(Full gym) Per hour plusappli&Metaxes $ 40.00 $ 40.00 $ 50.00 $ 50.00 $ 65.00 $ 65.00 Lounge Eden PrarieAthldicAsmdationsrecaveonefreemeeting room um per month Per hour pl us appl icable taxes $ 25.00 $ 25.00 $ 30.00 $ 30.00 $ 45.00 $ 45.00 2 hr minimum for dl other ra tds Meeting Room 101,103 Eden PrdrieAthlaticAssodationsraxlveonefreemeeting room um per month Per hour plusapplicabletaem $ 15.00 $ 15.00 Per Hour 0.0% $ 20.00 $ 20.00 Per Hour 0.0% $ 35.00 $ 35.00 Per Hour 0.0% 2 hr minimum for all other raitas Meeting Room201 Eden PrarieAthleticAsndationsraraveonefreemeeting room um per month Per hour plusapplicabletaxes $ 30.00 $ 30.00 Per Hour 0,0a/ $ 35.00 $ 35.00 Per Hour 0.0% $ 50.00 $ 50.00 Per Hour 0.0% 2 hrsminimum booking Meeting Room203 Eden RarieAthleticAsmdationsrexgveonefreemesting roomuse per month Per hour plusayplicabletwos $ 15.00 $ 15.00 $ 20.00 $ 20.00 $ 35.00 $ 35.00 Per Hour 2hr minimum for all other renters Meeting Rooms202,204 Eden Pr arieAthldicAsrodaionsreodveonefreemeeting room use per month Per hour plusappli cable taxes $ 20.00 $ 20.00 $ 25.00 $ 25.00 $ 40.00 $ 40.00 Per Hour 2 hr minimum for dl other ra tds 2011 Fee Resolution- Parks and Recreation Fadlities Group I Group2 I Group3 Facility Fadlltylnformation 2010-1 2011-1 %Change 2010-2 2011-2 %Change 2010-3 2011-3 %Change 10to11 10to11 10 toil Meeting Rooms oombined 203/204 Eden PrdrieAthleticAssucidionsreceiveonefreemeeting room um per month Per hour plusappli rabletaes $ 25.00 $ 25.00 $ 30.00 $ 30.00 $ 45.00 $ 45.00 2 hr minimum for all other rentals Poking Permits 2009/2010-2010/2011 full year rate-Community Center $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 2009/2010-201O/2011 full yea rate-Round Lake $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 Pro Rate beginning December 1-Community Center $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00 Pro Rae beg nning December 1-Round Lake $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 Ro Rate beginni ng Mach 1-Community Center $ 87.50 $ 87.50 $ 87.50 $ 87.50 $ 87.50 $ 87.50 Pro Rae beg nning Mach 1-Round Lake $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 Raxludbdl Freewith memberdnip(per person) Per hour plusapplicabletaxes $ 8.00 $ 8.00 Per Hour Per 0.0% $ 8.00 $ 8.00 Per Hour Pa 0.0% $ 8.00 $ 8.00 Per Hour Per 0.0% audio Aral ablefor rental with the use of Eder Rd rie fi tness staff only Per hour plusappliceNetaxes $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 audio Avdlableforrerrtd with the use of Eder Rariefitnessstaff only Per hour plusapplicsbletaxes $ 30.00 $ 30.00 $ 30.00 $ 30.00 $ 30.00 $ 30.00 Fitness I ndrudors Per hour plusapplicdletaxes $ 32.00 $ 32.00 Per Hour $ 3200 $ 32.00 Per Hour $ 32.00 $ 32.00 Per Hour Shimming Pool(capacity 268) Rimetime-6am.to 5 p.m.Mondaythru Saturday/noon to 5 p.m.on Lndays Per hourplusapplicabletakes $ 63.00 $ 63.00 Per Hour 0.0% $ 63.00 $ 63.00 Per Hour 0.0% $ 63.00 $ 63.00 Per Hour 0.0% N on-pri me ti me-5 p.m.to 9 p.m.Mondaythru 3mday Per hour plus applicabletaxm $ 53.00 $ 53.00 Per Hour 0.0% $ 53.00 $ 53.00 Per Hour 0.0% $ 53.00 $ 53.00 Per Hour 0.0% Discounted rate-9p.m.to 11 p.m.Mondaythru 3mday pluscost of lifeguards at$16/hour Pa hour plusapplicabletaxes $ 48.00 $ 48.00 Pa Hour 0.0% $ 48.00 $ 48.00 Per Hour 0.0% $ 48.00 $ 48.00 Per Hour 0.0% Wdlybdl Fees charged to$25.00 per court for 90minutesof play.EPCC does set up aid tea down. Per hour plusappli aisle taxes $ 25.00 $ 25.00 peroourt 0.0% $ 25.00 $ 25.00 Max per hour 0.0% $ 25.00 $ 25.00 Mac per how 00 No hourly use. Group Rental catering fees Rooms 101 and 203 and vieMingaeas per rentd $ 10.00 $ 10.00 $ 10.00 Rooms202 and 204 per rental $ 15.00 $ 15.00 $ 15.00 Rooms201,anal group Cambria aid Lounge pa rental $ 25.00 $ 25.00 $ 25.00 Large group Cambria Gymnasium and F1nk 3 per rantd $ 50.00 $ 50.00 $ 50.00 Prdared caterer vendor fees Resident Annud $ 50.00 $ 50.00 $ 50.00 Non Resident Annual $ 100.00 $ 100.00 $ 100.00 OAK POI NT POOL Lifeguards must beadded asfollowsat therateof$16.00 an hour;anal didepool rents only-minimum 3 lifeguads, loge pool rental only-minimum of 2 lifeguads,rental of anti re pool facility-minimum of 5 lifeguards Additional lifeguadswill beddmminei by managament depending on group siceand age. 3mday rentdsrequirean additiond$31.50 an hour mantenancefeefor therentd of 6lanes of the pool. For 8inday rental of theantirepool,an additional$55.00 an hour is required. Oak Point Pool Rental Ri metima6am:5p.m.,Monday-Saturday;and noon-5p.m.3rnday Per hour plus applicabletaxess $ 63.00 $ 63.00 Per Hour 0.0% $ 63.00 $ 63.00 Pm Hour 0.0% $ 63.00 $ 63.00 Per Hour 0,0^/ Non-primetime 5p.m.-9 p.m.,Monday-Smday Pa hour plusapplicebletaces $ 53.00 $ 53.00 Pa Hour 0.0% $ 53.00 $ 53.00 Pa Hour 0.0% $ 53.00 $ 53.00 Per Hour 0.0% Discount rats 9 p.m.-11 p.m.,Monday-Smday Per hour plusapplicabletaxes $ 48.00 $ 48.00 Pm Hour 0.0% $ 48.00 $ 48.00 Pm Hour 0.0% $ 48.00 $ 48.00 Per Hour 0.0% PARK FACT UTI ES RENTAL All groups of over 100 will bednaged full day rate beg nning in 2010,pricedoes not i nd ude tax. All paksRE UIRE a$200 deposit Ede,RarieS:hool District Progansdnaged only direst cost for all paksduring theed,00l day. No private group of over 300 will bedlowed to reserve fad litiesat any pak.(Masi mum number d 3aing Pak will be 150.) Crestwood Pak Building Full Day-Maximum daily varies Plusapplicabletaxes $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% 2011 Fee Resolution- Parks and Recreation Fadlities Groupl I Group2 I Group3 Facility Facility Information 2010-1 2011-1 %Change 2010-2 2011-2 %Change 2010-3 2011-3 %Change 10to11 10 toil 10 toil Homewad Hills Ban 1/2 Day-Maximum capaityvaies PIusapplicabletaxes $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% Full Day-Maximum cdpadty varies Plus applixabletaxes $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% Miller Park Building Full Day-Maximum cspaity vales Rusapplixabletaxes $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% Edouv a Pak Building PIusapplicabletaxes $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 Forrest Hills Pak Building Rusapplicabletaxes $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 Nesbitt Park Building Full Day-Maximum capacity varies Rusapplixabletaxes $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% $ 85.00 $ 85.00 0.0% Outdoor Center Per hour-2 hour minimum-Maximum cdpadty vales Per hour plusapplicabletaxes $ 40.00 $ 40.00 0.0% $ 40.00 $ 40.00 0.0% $ 40.00 $ 40.00 0.0% Purgatory Creak Recreation Area Pavilion 1/2 Day-Maxi mumxxparity varies Plus applicabletaxes $ 135.00 $ 135.00 0.0% $ 135.00 $ 135.00 0.0% $ 135.00 $ 135.00 0.0% Full Day-Maximum capacity varies Pius applixabletaxes $ 195.00 $ 195.00 0.0% $ 195.00 $ 195.00 0.0% $ 195.00 $ 195.00 0.0% Riley Lake Pak Pavilion 1/2 Day-Mad mumcapaxity vales Plus applicabletaxes $ 135.00 $ 135.00 0.0% $ 135.00 $ 135.00 0.0% $ 135.00 $ 135.00 0.0"/0 Full Day-Maximum cdpamity vales Rusapplicabletaxes $ 195.00 $ 195.00 0.0% $ 195.00 $ 195.00 0.0% $ 195.00 $ 195.00 0.0% Riley-aoques Ban Per hour-2hour minimum-Maxi mum capacityvaies Per hourplusapplixabletaxes $ 40.00 $ 45.00 12.5% $ 40.00 $ 45.00 12.5% $ 40.00 $ 45.00 12.5% Round Lake Park Building 1/2 Day-Maxi mumcayadty vales Rusapplicabletaxes $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% Full Day-Maximumxapadty vales Rusapplicabletaxes $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% Round Lake Pavilion 1/2 Day-Maxi mumcapaclty vales Plus applicabletaxes $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% Full Day-Maximumcapadty varies Plus applixabletaxes $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% Raring Lake Pak Amphitheatre Per hour-2 hour minimum-Maxi mum coadlyvaies Per hour plusapplixabletaxes $ 55.00 $ 55.00 0.0% $ 55.00 $ 55.00 0.0% $ 55.00 $ 55.00 0.0% Audio Technician 95und Tech 95und Equipment-2 hour minimum Per hour pl us appl i cable taxes $ 35.00 $ 35.00 0.0% $ 35.00 $ 35.00 0.0% $ 35.00 $ 35.00 0.0% Raring Lake Pak Building 1/2 Day-Maximumcdparity vales Plusapplioabletaxes $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% $ 110.00 $ 110.00 0.0% Full Day-Maximum capadty varies Plus appliabletaxes $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% $ 150.00 $ 150.00 0.0% Warming Houses-2 hour minimum Rlpervieon required-2 hour minimum Pa hour plusappliccGetams $ 10.00 $ 10.00 Per hour 0.0% $ 30.00 $ 30.00 Per hour 0.0% $ 30.00 $ 30.00 Per hour 0.0% December 15-Mach 1 MNI OR CENTER RENTAL Rrxior Center Community Room Maxi mum'opacity approx.90 theatre style,50tableseen ng Per hour plusappli sable taxes inactivate inactivate Per hour 0.0% inactivate inactivate Per hour 0.0% inactivate inativae Per hour 0.0% Rrxior Center Community Room/ itdxax Including kitchen and lounge Per hour pl us appl icable taxes $ 40.00 $ 40.00 Per hour 0.0% $ 45.00 $ 45.00 Per hour 0.0% $ 45.00 $ 45.00 Per hour 0.0% Rriior Center itchal Approx.15peoplewithuseofappliauas Per hour plusapplied4etaees $ 20.00 $ 20.00 Per hour 0.0% $ 20.00 $ 20.00 Per hour 0.0% $ 20.00 $ 20.00 Per hour 0.0% Senior Center Room 200 Pa hour plusapplicaNetaxes $ 15.00 $ 15.00 $ 20.00 $ 20.00 $ 20.00 $ 20.00 Senior Center Room 201 Approx.40 people theater style,25to30 table seaaing Per hour plusapplixabletaxes $ 25.00 $25.00 Per hour 0.0% $ 30.00 $ 30.00 Per hour 0.0% $ 30.00 $ 30.00 Per hour 0.0% Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating Per hour pl us appl icable fades $ 20.00 $ 20.00 Pa hour 0.0% $ 25.00 $ 25.00 Per hour 0.0% $ 25.00 $ 25.00 Per hour 0,0% Senior Center Room 209 Approx.10 to 15 Per hour plusappli cable taxes $ 15.00 $ 15.00 Per hour 0.0% $ 20.00 $ 20.00 Per hour 0.0% $ 20.00 $ 20.00 Per hour 0.0% CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 10-04 ITEM NO.: IX.C. Denise Christensen Vacation of a portion of the Drainage and Utility Easements lying over,under and Public Works/Engineering across Lot 2, Block 1, Whispering Ridge Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 2, Block 1, Whispering Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 2, Block 1, Whispering Ridge to facilitate the building of a swimming pool. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010-51 VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER, UNDER AND ACROSS LOT 2, BLOCK 1,WHISPERING RIDGE VACATION 10-04 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: That part of Lot 2, Block 1, WHISPERING RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota, described as lying west of the east line of the west 40.00 feet of said Lot 2 and northeasterly, easterly, southeasterly and southerly of a line which commences at the intersection of said east line of the west 40.00 feet and the south line of said Lot 2; thence on an assumed bearing of North 01 degree 19 minutes 10 seconds West, along said east line of the west 40.00 feet a distance of 5.00 feet to the point of beginning of the line to be described; thence North 46 degrees 19 minutes 10 seconds West a distance of 25.46 feet; thence North 01 degree 19 minutes 10 seconds West a distance of 60.20 feet; thence North 44 degrees 54 minutes 16 seconds East a distance of 6.92 feet to the south line of the north 5.00 feet of said Lot 2; thence South 88 degrees 52 minutes 18 seconds East along said south line of the north 5.00 feet a distance of 13.02 feet to said east line of the west 40.00 feet and there terminating. WHEREAS, a Public Hearing was held on July 20, 2010, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 20, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 7/. ,�j,RZ I VI/ C \CD\f- 7 ��, �MILLFORD ( Rockc� r � Q1- DR, eERGER D 17. • J A LIT =0 CANDLEW�GO PKVJ� • > o o I), w� � 18. o Lake z MAYF ELD pR. w SUMMIT DR. a o 8 N kEkSE), o �� \P• sy�� �q. ��O v o �o a -9 O p °' CEDAR °° z RIDGE Jc�j o o SWEE WATER CIR. RD. o nIF- I CORRAL___, rr-_-__-_______ OULD RD. �' LA o MITCF- WEY J Cr. cn o 19. o ' AZALEA G l �� Wv" ' 4 a T R. 55. /� w v D 0� \CENr1\NG j2Atzz/ o56.>vci o O D�F RENITY N f w 57. cn E. p� �`PVE 03C. qy w m > fx a z S-\\RRUP HILLTOP RD. 4 \ a. o Q z _______: Laa .) m� RD z VALLEY RD. o J Q C w = o J (r� 4 '_ NOR 106. ��� i/1/ VAC 10-04 t NORTH LOCATION MAP 30 15 0 15 30 60 CP Custom Pools V REVISIONS Mike Mulvaney LEGEND - SCALE IN FEET 8960 Excelsior Blvd. C DENOTES SANITARY MANHOLE Hopkins,MN 55343 952-933-2255 DENOTES HYDRANT ----------- mike@custompoolsinc.com • DENOTES CATCH BASIN 0- \ 1 I 1 I \ ' Q DENOTES STORM MANHOLE 00 ' {� l 4 i_'_872-_.,'F.. , L. Q DENOTES STORM APRON / i Y 8 V. I -� -•-•- DENOTES APPROXIMATE REAR OF BUILDING PAD V `$ 1 , ` NORTH Z < / DENOTES IRON MONUMENT m � i �.J� ( ,} ` / x 000.0 DENOTES EXISTING ELEVATION CA m / I I i I \ _ X r5 /' / (000.0)- DENOTES PROPOSED ELEVATION 0 - Il t -` DENOTES DIRECTION OF SURFACE DRAINAGE C q %� I a, p I <000.0) DENOTES SANITARY SEWER SERVICE ELEVATION t1,t i 1(8'72.91 N88°52'18 \ 146.33 i 69 I 872.7 070.a) __ ( : . ) (878,3) ® 1 ..--Hf \ H.P. 676.3 Q f I Proposed D&U (ss=. ',�, ) �� '0.` 4.36 t;7n.^�o, ..29.95 D A t i NOTES: I m Easement Vacation_ / ,u. i ?, -`1 / N 1.)EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. i-- I �� 00 15 E .'1�,�'�4� p7 `r „4,3;; r} 7 O 0 vx THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND Q Si 1� ♦•Ys' O) O ALL EXISTING UTILITIES BEFORE COMMENCING WORK.HE AGREES TO BE s I _ cn cu3 - ' FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS T "'86 "L311' - O ,.-- FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING s,„ r?S ( A P 4+3 a n O.._.. ! �� o' x r.�.. 7�� 10 Ot t / I i ¢V 4>.,40 2 x 8.0c) may, n-i �, - UTILITIES. - IIJ I t tiJ lIIi>i. 01 a � r n^ I O i 2.)MUST MAINTAIN A MINIMUM 2q SLOPE GRADIENT TO ACCOMODATE ) T �.-.�L r o �.P^.�j i� �� J s POSITIVE DRAINAGE. / 1 42yCOT�r- H,1',f • Et =;m.,o 2 ;,., E I 3 3 `� I O M►��it. p � c���,;;T. (';2 i i�i �' � .o "�w5" 3.)ALL OFFSET IRONS ARE MEASURED TO HUNDREDTIiS OF A FOOT AND 4* a►� � r CAN BE USED AS BENCHMARKS. / ,d6'COT-,- � � gti�•1.� .)L_I_..._..._��>m c c:, .:: `;Lii {/ p 1 COT-� y�0��`�:r n ?672 iiii..xai 1 J ' W lf ° /17" ,�, ,1 i. r'" r ////// �- w 4.THE PROPOSED DRIVEWAY SHOWN IS CONCEPTUAL ONLY AND DOES 0 o " .4 4� " (e67 5). ` °a i t� NOT PURPORT TO SHOW EXACTLY HOW THE DRIVEWAY SHALL BE BUILT. // 18"COT e**4i1� t ;x t(� 37.00 _a--v �'l�• 5)A TITLE OPINION WAS NOT FURNISHED TO THE SURVEYOR. tr- 26"COIt-lit 44�1 O'A 11 ri 4.? m I i f O �a wu O / ( V 23"C• T, ,.' a `---.. a{- 1 "' - ""' 6.)PROPOSED GRADES SHOWN ADJACENT TO BUILDING FOUNDATION tt: 0 w Cb " �. 22" z651 f l___.. 7 REFERS TO TOP OF BLACK DIRT. Z / i so ti ` 44.33 n.P. 38.07 / W '- 9 Z r070 86`5 I oLL d' `' O BENCHMARK:7NH«cil LOT 9,BLOCK 1 WHISPERING RIDGE LYING NORTH RF c,...... o d) ^ � // (869.3)22"CO S8gA 5 pg W 53.96 (d70.1) jBfi�.5}I OF HILLTOP ROAD=870.12 in(L 3 0. E j7 1 o7.a a M I a` j f' 1 / 50' o I / / j 2g' I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION U I y I !� / - _ 1 \ \ OF A SURVEY OF THE BOUNDARIES OF: / / LOT 2,BLOCK 1,Whispering Ridge,ACCORDING TO THE RECORDED V // _;'~ ����� 1 - J \ PLAT THEREOF,HENNEPIN COUNTY,MINNESOTA. Pool Data: AND THE LOCATION OF ALL BUILDINGS,IF ANY,THEREON,AND ALL i� VISIBLE ENCROACHMENTS,IF ANY,FROM OR ON SAID LAND.AS DRAW/CHECK DEVELOPMENT PLAN DATA-WO 1.Used Certificate of Survey Elevations for reference. JiML/RSRSM SURVEYED BY ME THIS 9TH DAY OF AUGUST,2007. GARAGE FLOOR ELEVATION =677.5 2.Assumed BF elevation as base elevation of 869.05. DATE BASEMENT FLOOR ELEVATION =669.5 3.Verify rear yard grades prior to pool excavation. 05-08-10 4. Maintain a minimum of 2%drainage. BOOK/PAGE PROPOSED ELEVATIONS SETBACKS PROPOSED GARAGE FLOOR ELEVATION =877.50 MIN.FRONT YARD SETBACK=30' JOB NO. PROPOSED TOP OF FOUNDATION ELEVATION=677.83 MIN.SIDE YARD SETBACK=10',15'(NO LESS THAN 25') David B.Pemberton 70085-001 PROPOSED BASEMENT FLOOR ELEVATION =869.05 MIN.REAR YARD SETBACK=20' Licensed Land Surveyor,Minn.Lic.No.40344 DWG.NAME POOL SLIMILY VACATION 10-04 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER,UNDER AND ACROSS LOT 2, BLOCK 1, WHISPERING RIDGE Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on July 20, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage and Utility Easement over,under and across Lot 2, Block 1,Whispering Ridge described as follows: That part of Lot 2, Block 1, WHISPERING RIDGE, according to the recorded plat thereof, Hennepin County,Minnesota, described as lying west of the east line of the west 40.00 feet of said Lot 2 and northeasterly, easterly, southeasterly and southerly of a line which commences at the intersection of said east line of the west 40.00 feet and the south line of said Lot 2;thence on an assumed bearing of North 01 degree 19 minutes 10 seconds West, along said east line of the west 40.00 feet a distance of 5.00 feet to the point of beginning of the line to be described; thence North 46 degrees 19 minutes 10 seconds West a distance of 25.46 feet; thence North 01 degree 19 minutes 10 seconds West a distance of 60.20 feet; thence North 44 degrees 54 minutes 16 seconds East a distance of 6.92 feet to the south line of the north 5.00 feet of said Lot 2; thence South 88 degrees 52 minutes 18 seconds East along said south line of the north 5.00 feet a distance of 13.02 feet to said east line of the west 40.00 feet and there terminating. By Order of the City Council Published in the Eden Prairie News on July 1, 2010 NOTIFICATION LIST VACATION REQUEST 10-04 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 2011622430017 2011622430018 2011622430019 2011622430020 2011622430070 2011622430071 2011622430072 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Jim Richardson Mitchell/Lone Oak Imp SAA 06-04 Signal Light Reassessment Public Works/Engineering Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving Mitchell/Lone Oak Imp SAA 06-04 Signal Light Reassessment. Synopsis On May 16, 2006, the City entered into Special Assessment Agreement 06-04 with Lone Oak Center, LLC, regarding traffic signal improvements to the Mitchell Road and Lone Oak Road intersection, which have been completed. The City received a deposit in the amount of$12,500 from the Developer of the property at the time the Developer petitioned the City to complete the above-referenced public improvements. The City proposed to apply the afore-mentioned deposit to the assessment and to reduce the amount of the assessment accordingly. All other aspects of the assessment—interest rate and repayment period as established in Resolution 2009-28 —will remain the same. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed reassessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed reassessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the reassessment levied against it. 2. The Clerk shall forthwith transmit a certified duplicate of this reassessment to the County Auditor to be extended on the property tax lists of the County, and such reassessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2010. ADOPTED by the Eden Prairie City Council on the 20th day of July, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A LC. 06-5675 MITCHELL/LONE OAK INTERSECTION TRAFFIC SIGNAL IMPROVEMENT INDIVIDUAL PARCEL REASSESSMENT AMOUNTS Description Parcel PID# Amount Levy#16988 16-116-22-11-0013 $40,419.29 Levy#16988 16-116-22-11-0014 $60,628.94 Levy#16988 16-116-22-11-0015 $60,628.94 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, July 20, 2010 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, to consider, and possibly adopt, the proposed reassessment for Improvement No. I.C.06-5675, Mitchell/Lone Oak Intersection Traffic Signal Improvement. Adoption by the council of the proposed reassessment may occur at the hearing. The following is the area proposed to be assessed: Lots 1,2 and 3;Block 1;Lone Oak Center,Hennepin County,Minnesota The proposed reassessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed reassessment is $161,677.17. The property was previously assessed $174,177.17 for this project. The City received a deposit in the amount of$12,500 from the Developer of the property at the time the Developer petitioned the City to complete the above-referenced public improvements. The City proposes to apply the afore-mentioned deposit to the assessment and to reduce the amount of the assessment accordingly. Written or oral objections will be considered at the meeting. CAUTION: No appeal to district court may be taken as to the amount of a reassessment unless a written objection, signed by the affected property owner, is filed with the municipal Clerk prior to the reassessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual reassessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§435.193 to 435.195 and City Resolution No. 83-177,the council may,in its discretion, defer the payment of this special reassessment for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special reassessment has been granted and is terminated for any reason provided in that law and Resolution, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and Resolution No. 83-177, may,within 30 days of the confirmation of the reassessment, apply for the prescribed form for such deferral of payment of this special reassessment on his/her property by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8316 An owner may appeal a reassessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the reassessment and filing such notice with the district court within ten days after service upon the mayor or clerk. By order of the City Council Published once in the Eden Prairie News,July 1,2010 NOTIFICATION LIST MITCHELL/LONE OAK IMP REASSESSMENT A copy of the Public Hearing Notice has been sent to the following parties: Minnwest Bank Metro; William Swanstrom, President Mr. Frank Vikingstad JBL Companies; Jeffrey B. Larson Lone Oak Center, LLC Dove Capital, LLC; Shawn Kostrzewa CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 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 198588 - 199583 Wire Transfers 3866 - 3907 3896—3907 June 20, 2010 Purchasing Card Payment City of Eden Prairie Council Check Summary 7/20/2010 Division Amount Division Amount General 228,721 315 Economic Development 13,943 100 City Manager 1,846 502 Park Development 743 101 Legislative 660 503 Utility Improvement 173,310 102 Legal Counsel 42,600 509 CIP Fund 60,099 110 City Clerk 1,298 512 CIP Trails 12,541 111 Customer Service 23,767 513 CIP Pavement Management 18,409 112 Human Resources 1,452 520 Parks Referendum 8,176 113 Communications 13,508 521 Trails Referendum 9,692 114 Benefits&Training 6,069 522 Improvement Projects 2006 944 130 Assessing 1,597 Total Capital Project Funds 297,857 131 Finance 650 132 Housing and Community Services 13,880 601 Prairie Village Liquor 309,326 133 Planning 460 602 Den Road Liquor 457,438 136 Public Safety Communications 5,425 603 Prairie View Liquor 315,925 137 Economic Development 145 605 Den Road Building 5,312 138 Community Development Admin. 98 701 Water Fund 323,408 150 Park Administration 261 702 Sewer Fund 289,175 151 Park Maintenance 48,517 703 Storm Drainage Fund 86,313 152 Parks Capital Outlay 4,612 Total Enterprise Funds 1,786,897 153 Organized Athletics 18,866 154 Community Center 21,631 316 WAFTA 1,546 155 Beaches 197 803 Escrow Fund 150,201 156 Youth Programs 10,463 804 100 Year History 8 157 Special Events 18,262 806 SAC Agency Fund 21,000 158 Adult Recreation 3,890 Total Agency Funds 172,755 159 Recreation Administration 742 160 Therapeutic Recreation 875 807 Benefits Fund 1,512,016 161 Oak Point Pool 234 810 Workers Comp Insurance 112,782 162 Arts 13,244 811 Property Insurance 8,218 163 Outdoor Center 15,403 812 Fleet Internal Service 88,172 164 Park Rental Facilities 601 813 IT Internal Service 69,345 167 CC-Youth Programs 720 814 Facilities Capital ISF 24,728 168 Arts Center 5,292 815 Facilites Operating ISF 119,868 180 Police 30,584 816 Facilites City Center ISF 124,881 183 Emergency Preparedness 772 817 Facilites Comm.Center ISF 90,499 184 Fire 722,320 Total Internal Service Funds 2,150,510 200 Engineering 904 201 Street Maintenance 687,089 Report Total 6,832,737 202 Street Lighting 64,608 Total General Funds 2,012,263 301 CDBG 21,892 303 Cemetary Operation 435 304 Senior Board 249 308 E-911 21,857 Total Special Revenue Funds 44,433 424 G.O.Improvement Bonds 2003D 12,369 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 132,231 431 G.O.Improvement Bonds 2006B 85,685 433 2007A Facility Lease-3rd Rink 35,415 436 2009C G.O.CIP Refunding Bonds 750 Total Debt Service Funds 368,022 City of Eden Prairie Council Check Register 7/20/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3876 689,326 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire Fire Pension 199573 635,695 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance Bituminous Overlay 3887 352,753 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink Bond Payment 199122 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 198669 249,541 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 199083 248,448 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 3890 209,521 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3881 202,915 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3871 188,558 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 198997 137,000 ISLAMIC INSTITUTE OF MN Deposits Escrow Grading Permit 3893 122,319 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3880 121,596 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3875 120,005 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3870 115,321 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 3895 114,478 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 199113 112,673 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium 198986 99,859 XCEL ENERGY Electric City Hall-CAM 199189 72,308 XCEL ENERGY Electric Arts Center 198785 66,500 ATOMIC ARCHITECTURAL SHEET MET Other Contracted Services Utility Improvement Fund 199009 64,188 DODGE OF BURNSVILLE Autos Police-Fixed Asset 199303 46,176 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198886 43,598 JOHNSON BROTHERS LIQUOR CO Merchandise for Resale Concessions 199335 42,336 PARROTT CONTRACTING INC Asphalt Overlay CIP Pavement Management 199014 41,693 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Storage 3907 31,980 US BANK Operating Supplies Community Center Admin 198690 30,395 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 199488 30,158 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198982 29,211 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 199125 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 199344 27,791 PRECISION SEALCOATING INC Improvement Contracts Capital Impr./Maint.Fund 199107 27,739 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 199284 26,855 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 199116 25,896 LOGIS Network Support IT Operating 198904 25,511 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 199028 24,263 BONNER&BORHART LLP Legal Legal Criminal Prosecution 199395 24,158 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 199170 23,977 THORPE DISTRIBUTING Beer Prairie View Liquor Store 199099 23,406 J&D WINDOW CLEANING Janitor Service-General Bldg Community Center Maintenance 198964 23,082 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 198983 22,303 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 199080 22,192 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 199300 22,071 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 199578 22,050 NEW WORLD SYSTEMS Other Assets CIP-Bonds 199051 21,624 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 3873 21,396 ING Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3879 21,322 ING Deferred Compensation General Fund 199457 21,228 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 3892 21,109 ING Deferred Compensation General Fund 199531 21,006 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 198996 21,005 INTEGRA TELECOM Other Contracted Services IT Telephone 199562 20,704 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 198635 20,537 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 198880 20,488 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 199396 20,017 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 199198 20,000 EMERGENCY COMMUNICATIONS NETWO Other Contracted Services E-911 Program 199013 19,951 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 198728 19,852 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 198802 19,406 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 199183 19,327 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 198746 19,288 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 198917 19,258 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 198774 19,096 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 199401 18,832 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 198943 18,782 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 199184 18,492 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 199104 17,892 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store 199338 17,763 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 198987 17,421 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 198932 16,506 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 3874 15,552 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 199079 15,475 GRAYMONT Treatment Chemicals Water Treatment Plant 3878 15,439 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 199260 15,438 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 3891 15,403 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 199144 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 199149 15,210 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 199378 14,979 THORPE DISTRIBUTING Beer Prairie View Liquor Store 198593 14,832 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 199178 14,805 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 199311 14,611 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 198847 14,304 ESS BROTHERS&SONS INC Repair&Maint. Supplies Infiltration/Inflow Study 199542 14,118 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 198870 13,742 HENNEPIN COUNTY TREASURER-TAXP Licenses,Permits,Taxes Economic Development Fund 198831 13,653 CITY HILL FELLOWSHIP Other Contracted Services Rehab 199525 13,612 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 198775 13,510 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 199498 13,464 MCQUAY INTERNATIONAL Other Contracted Services Facilities Capital 198686 13,445 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 3866 13,430 US BANK TRUST HRA Health and Benefits 199145 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 3886 12,369 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 199039 12,321 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 199142 12,320 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 199317 12,108 MIDWEST ASPHALT CORPORATION Seal Coating Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198909 11,751 MINGER CONSTRUCTION INC Improvement Contracts Storm Drainage 3882 11,635 US BANK TRUST HRA Health and Benefits 199563 11,603 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 198640 11,552 ESS BROTHERS&SONS INC Repair&Maint. Supplies Infiltration/Inflow Study 199349 11,148 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 199254 11,120 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 198721 11,091 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 199428 10,918 A-SCAPE INC Other Contracted Services Economic Development Fund 199123 10,794 MIDWEST ASPHALT CORPORATION Seal Coating Street Maintenance 198906 10,609 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Storm Drainage 198838 10,554 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 198714 10,538 NORTHERN AIR CORPORATION Capital Under$10,000 Furniture 198629 9,797 DAY DISTRIBUTING Beer Prairie View Liquor Store 199134 9,774 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 198803 9,449 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 199006 9,441 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund 199481 9,294 INTEGRITY REMODELING&DESIGN Capital Under$10,000 Furniture 199281 9,265 GRAYMONT Treatment Chemicals Water Treatment Plant 199469 9,265 GRAYMONT Treatment Chemicals Water Treatment Plant 199421 9,249 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 198861 9,224 GRAYMONT Treatment Chemicals Water Treatment Plant 199162 8,763 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 199472 8,740 H&B SPECIALIZED PRODUCTS INC Capital Under$10,000 Furniture 198793 8,631 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 199518 8,467 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 199264 8,395 E-ONE Repair&Maint. Supplies Fire 198815 8,387 BEC INC Equipment Repair&Maint Traffic Signals 199031 8,369 BROWN&SAENGER INC Capital Under$10,000 Utility Operations-General 199199 8,178 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 199424 8,109 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center 198755 7,974 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 198834 7,950 CORVAL CONSTRUCTORS INC Improvement Contracts Water Treatment Plant 198940 7,750 PROP Other Contracted Services Housing and Community Service 199336 7,374 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 199453 7,173 DAY DISTRIBUTING Beer Prairie View Liquor Store 198739 7,054 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery&Equipment Public Works 199007 7,000 TECHNOLOGY EVALUATION CENTERS Other Contracted Services IT Operating 199576 6,941 MAGICBOUNCE INC Other Rentals July 4th Celebration 199026 6,841 BIFFS INC Waste Disposal Park Maintenance 198818 6,684 BELLBOY CORPORATION Transportation Prairie View Liquor Store 198608 6,657 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199277 6,595 GOODPOINTE TECHNOLOGY Design&Engineering CIP Pavement Management 199501 6,554 MIDWEST ASPHALT CORPORATION Improvement Contracts Capital Impr./Maint.Fund 199139 6,395 PAUSTIS&SONS COMPANY Liquor Prairie View Liquor Store 199024 6,249 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199129 6,237 MUNICIPAL WATER SOLUTIONS LLC Treatment Chemicals Water Treatment Plant 198887 6,170 KARKELA CONSTRUCTION Due to Other Governments SAC Agency Fund 198663 6,169 GRAYMONT Treatment Chemicals Water Treatment Plant 199244 6,074 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198792 6,002 LANDSHAPES INC Deposits Escrow 199224 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 198980 5,800 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 199261 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 198701 5,631 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Storm Drainage 198598 5,567 ANCHOR PRINTING COMPANY Printing Arts Center 198772 5,441 WINE MERCHANTS INC Transportation Prairie View Liquor Store 198928 5,318 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 199258 5,275 CORVAL CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant 199393 5,086 WINE MERCHANTS INC Transportation Prairie View Liquor Store 199355 5,000 RESTORATION SYSTEMS INC Contract Svcs-General Bldg Park Shelters 199484 4,994 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store 199347 4,876 PROP Refunds CDBG-Public Service 199583 4,869 WM MUELLER AND SONS INC Gravel Water System Maintenance 199287 4,687 HENNEPIN COUNTY TREASURER Board of Prisoner Police 199048 4,611 DAY DISTRIBUTING Beer Den Road Liquor Store 199181 4,406 WINE MERCHANTS INC Transportation Prairie View Liquor Store 199130 4,381 NEW WORLD SYSTEMS Other Assets CIP-Bonds 198826 4,368 CEMSTONE PRODUCTS COMPANY Improvement Contracts Capital Impr./Maint.Fund 198717 4,342 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 198856 4,331 GEAR GRID CORPORATION Capital Under$10,000 Capital Outlay Parks 198670 4,326 HENNEPIN COUNTY TREASURER-SURV Software Maintenance IT Operating 198620 4,279 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 199220 4,235 NORTH STAR PUMP SERVICE Contract Svcs-Plumbing Fire Station#1 198799 4,117 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 199298 4,115 J&D WINDOW CLEANING Janitor Service-General Bldg Riley House 199409 4,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 198800 3,927 MRPA Special Event Fees Softball 199251 3,858 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 198624 3,800 CENTURYLINK Telephone IT Telephone 198762 3,777 US POSTMASTER Postage Communications 198923 3,676 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 199504 3,600 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 198766 3,567 VTI Contract Svcs-Security Arts Center 198810 3,554 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 199369 3,546 SPRINT Wireless Subscription IT Operating 199169 3,508 TESSMAN SEED CO Chemicals Park Maintenance 198680 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 199480 3,483 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 199158 3,472 SOUTHWEST SUBURBAN PUBLISHING- Printing Arts in the Park 198972 3,470 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 199406 3,465 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire 199053 3,445 DYNAMIC IMAGING SYSTEMS INC Other Assets CIP-Bonds 198954 3,376 ST CROIX ENVIRONMENTAL INC Other Contracted Services Wellhead Protection Plan 199297 3,369 J A PRICE AGENCY INC Insurance Property Insurance 199263 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 198741 3,249 SCHARBER&SONS Machinery&Equipment Public Works 198706 3,170 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 199414 3,150 SOURCE CONSTRUCTION CAPITAL Deposits Escrow Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199384 3,132 VAN PAPER COMPANY Cleaning Supplies Community Center Maintenance 199436 3,131 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199121 3,116 METRO SALES INCORPORATED* Other Rentals Customer Service 198824 3,078 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 198784 3,075 ADVANCED PUBLIC SAFETY INC Other Assets CIP-Bonds 198601 3,042 B&B HOME CRAFTERS Other Contracted Services Rehab 198696 3,035 MAACO Equipment Repair&Maint Fleet Operating 198796 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 199422 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 199245 2,951 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199560 2,929 WINE MERCHANTS INC Transportation Prairie View Liquor Store 199038 2,891 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 199551 2,866 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 199558 2,799 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 199127 2,780 MN TACTICAL OFFICERS ASSOCIATI Tuition Reimbursement/School Police 199016 2,745 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 199003 2,693 NORTHLAND BUSINESS SYSTEMS Software Maintenance IT Operating 199533 2,606 ST CROIX ENVIRONMENTAL INC Other Contracted Services Wellhead Protection Plan 199279 2,602 GRAINGER Supplies-General Bldg Community Center Maintenance 199010 2,587 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 199088 2,563 HIGHWAY TECHNOLOGIES INC Equipment Repair&Maint Infiltration/Inflow Study 199200 2,543 FIRE SAFETY USA INC Small Tools Fire 198698 2,535 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 198911 2,520 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 199364 2,500 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 199499 2,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 198791 2,492 ITRON INC. Maintenance Contracts Water Metering 199271 2,480 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts Capital Impr./Maint.Fund 198789 2,467 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 198989 2,460 ADVANCED PUBLIC SAFETY INC Other Assets CIP-Bonds 198591 2,443 ADVANCED ENGINEERING&ENVIRON Process Control Services Utility Improvement Fund 199512 2,376 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters 199516 2,369 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 199444 2,305 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 199400 2,243 XCEL ENERGY Electric Prairie Village Liquor Store 199249 2,203 BROWN&SAENGER INC Capital Under$10,000 Utility Operations-General 198959 2,180 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 199339 2,179 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 198915 2,156 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 199177 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 199577 2,143 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 198758 2,136 TRUE FABRICATIONS Misc Non-Taxable Den Road Liquor Store 198895 2,135 LIGHTNING PRINTING INC Printing Staring Lake Concert 198970 2,134 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 199537 2,119 SUBURBAN TIRE WHOLESALE INC Equipment Parts Fleet Operating 198828 2,099 CENTERPOINT ENERGY Gas Fire Station#2 199386 2,092 VINOCOPIA Transportation Prairie View Liquor Store 198795 2,066 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 199365 2,044 SNAP-ON TOOLS Small Tools Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198656 2,000 GASAWAY CONSULTING GROUP Tuition Reimbursement/School Fire 199570 2,000 ZIEBOL,MATTHEW Tuition Reimbursement/School Organizational Services 199229 1,984 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 199197 1,983 EMERGENCY APPARATUS MAINTENANC Repair&Maint. Supplies Fire 198614 1,982 BRYAN ROCK PRODUCTS INC Asphalt Overlay CIP Pavement Management 199096 1,966 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 199171 1,954 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Fire Station#1 198674 1,940 HOHENSTEINS INC Beer Prairie View Liquor Store 198770 1,938 WINE COMPANY,THE Transportation Prairie View Liquor Store 199426 1,924 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 199037 1,913 CARDIAC SCIENCE CORPORATION Capital Under$10,000 Police 199474 1,898 HIGHWAY TECHNOLOGIES INC Signs Traffic Signs 199164 1,880 STAPLES ADVANTAGE Office Supplies Customer Service 199420 1,849 GENUINE PARTS COMPANY Repair&Maint. Supplies Sewer System Maintenance 198648 1,820 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant 198605 1,813 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 199294 1,767 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 198751 1,742 STAPLES ADVANTAGE Office Supplies Customer Service 198922 1,739 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 199112 1,731 KVITEK,BRENDA Landscape Materials/Supp Park Maintenance 199211 1,731 KVITEK,BRENDA Landscape Materials/Supp Park Maintenance 198801 1,720 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 198588 1,709 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 198658 1,701 GENUINE PARTS COMPANY Equipment Parts Water Treatment Plant 198974 1,693 VINOCOPIA Transportation Prairie View Liquor Store 198723 1,683 POMP'S TIRE SERVICE INC Tires Fleet Operating 199399 1,679 WORLD CLASS WINES INC Transportation Den Road Liquor Store 3884 1,667 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 199478 1,658 HOHENSTEINS INC Beer Prairie View Liquor Store 198718 1,632 PETERBILT NORTH Equipment Parts Fleet Operating 198907 1,617 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 198809 1,608 ANCHOR PRINTING COMPANY Printing Summer Theatre 199090 1,607 HOHENSTEINS INC Beer Prairie View Liquor Store 199180 1,585 WINE COMPANY,THE Transportation Prairie View Liquor Store 199001 1,569 NEW WORLD SYSTEMS Other Assets CIP-Bonds 199223 1,560 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 198938 1,550 PRECISION LANDSCAPE&TREE Other Contracted Services Tree Removal 199168 1,541 SURLY BREWING CO Beer Prairie View Liquor Store 199094 1,537 HWY 5 BP Equipment Repair&Maint Police 199187 1,530 WORLD CLASS WINES INC Transportation Den Road Liquor Store 198602 1,529 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 198645 1,528 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 199265 1,519 EARL F ANDERSEN INC Signs Park Maintenance 198992 1,500 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 199359 1,496 SEAFORTH ELECTRIC INC Building Repair&Maint. Water Wells 199519 1,469 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Community Center Maintenance 198903 1,467 METRO SALES INCORPORATED* Other Rentals Customer Service 198761 1,439 US POSTMASTER Postage Water Accounting 199549 1,427 US POSTMASTER Postage Water Accounting Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199034 1,408 BUCK,NATHAN Other Contracted Services Softball 199022 1,400 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 198860 1,393 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 199489 1,383 KEEPERS Operating Supplies Police 198778 1,378 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 198777 1,373 WORK CONNECTION,THE Other Contracted Services Park Maintenance 199495 1,370 MAACO Equipment Repair&Maint Fleet Operating 198990 1,342 COSTCO Merchandise for Resale Concessions 198632 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 199455 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 198963 1,325 TESSMAN SEED CO Chemicals Park Maintenance 198892 1,319 LANDSCAPE ENHANCEMENT SERVICES Right of Way&Easement Trails Referendum 199071 1,317 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 199443 1,315 BRYAN ROCK PRODUCTS INC Gravel Infiltration/Inflow Study 199354 1,315 RENDERS INC Chemicals Park Maintenance 198995 1,300 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 199035 1,300 BURNSVILLE,CITY OF Tuition Reimbursement/School Police 199153 1,300 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 198933 1,295 PICKLE,BRAD Operating Supplies Girls on the Run 199438 1,285 BLOOMINGTON,CITY OF Kennel Services Animal Control 199528 1,280 ROOT 0 MATIC Contract Svcs-Plumbing Police City Center 199293 1,255 INFRATECH Equipment Parts Sewer System Maintenance 199098 1,249 ITL PATCH COMPANY INC Operating Supplies Police 198961 1,243 SURLY BREWING CO Beer Prairie View Liquor Store 199375 1,222 SURLY BREWING CO Beer Prairie View Liquor Store 198965 1,220 THREE RIVERS PARK DISTRICT Signs Park Maintenance 199318 1,217 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 199289 1,209 HOHENSTEINS INC Beer Prairie View Liquor Store 199008 1,200 W L HALL CO Other Contracted Services Utility Improvement Fund 198862 1,185 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 199138 1,181 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 199216 1,178 MEUWISSEN,JESSICA Tuition Reimbursement/School Organizational Services 199521 1,176 PRECISION LANDSCAPE&TREE Other Contracted Services Tree Removal 199000 1,141 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 198697 1,136 MARSHALL&SWIFT Dues&Subscriptions Assessing 198926 1,131 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 198794 1,128 LOGIS Network Support IT Operating 198712 1,127 NEUMANN,NEAL Other Contracted Services Softball 198876 1,125 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 199477 1,125 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 199415 1,112 TRANSPORT GRAPHICS Repair&Maint. Supplies Fire 199111 1,106 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 198655 1,105 GARRY'S LAWN CARE Other Contracted Services WAFTA 198985 1,095 WORLD CLASS WINES INC Transportation Den Road Liquor Store 199075 1,090 GRAINGER Supplies-General Bldg Park Shelters 199565 1,062 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 199574 1,058 BRYAN ROCK PRODUCTS INC Repair&Maint. Supplies Infiltration/Inflow Study 199541 1,047 TESSMAN SEED CO Chemicals Park Maintenance 198625 1,046 CLAREYS INC Supplies-Fire/Life/Safety General Facilities Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198641 1,020 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 198924 1,019 NORTHERN SAFETY TECHNOLOGY INC Capital Under$10,000 Fleet Operating 199352 1,018 R&R MARINE INC Equipment Repair&Maint Park Maintenance 199217 1,000 MICHAELSON,ELIZABETH H Other Contracted Services Summer Theatre 199253 1,000 CERIDIAN Ceridian IT Operating 199439 1,000 BOLD,PAULINE Instructor Service Outdoor Center 199471 1,000 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 198763 994 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 199131 988 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 199316 982 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 199468 982 GRAINGER Supplies-Electrical Park Shelters 198732 962 RAY,LEE Other Contracted Services Softball 198609 960 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 199492 958 LAB SAFETY SUPPLY INC Supplies-General Bldg Community Center Maintenance 199086 944 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 198908 939 MIDWEST LOCK&SAFE Contract Svcs-Ice Rink Ice Arena Maintenance 199233 939 ABLE HOSE&RUBBER INC Equipment Repair&Maint Water Treatment Plant 198710 938 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 199559 938 WINE COMPANY,THE Transportation Prairie View Liquor Store 199333 937 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 199379 933 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Senior Center 199520 926 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 199206 916 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 199458 912 EARL F ANDERSEN INC Signs Traffic Signs 199572 902 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 199093 900 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 198960 900 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 199092 900 HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Park Maintenance 199340 899 PITNEY BOWES Postage Customer Service 199432 897 ANCHOR PAPER COMPANY Office Supplies Customer Service 198651 895 FORKLIFTS OF MINNESOTA INC Conference Expense Engineering 198881 892 JOHN DEERE LANDSCAPES/LESCO Repair&Maint. Supplies Park Maintenance 198842 875 DPMS Equipment Repair&Maint Police 199403 874 ZOELLNER,MARK Other Contracted Services Softball 3872 871 CERIDIAN Garnishment Withheld General Fund 198835 869 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 199491 861 KUSTOM SIGNALS INC Equipment Repair&Maint Police 199103 858 JEFFERSON FIRE&SAFETY INC Small Tools Fire 199322 853 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 199033 851 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 198893 849 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 199285 842 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Park Maintenance 198597 839 ANCHOR PAPER COMPANY Office Supplies Police 198790 833 GRANICUS INC Software Maintenance IT Operating 199367 825 SPORTS UNLIMITED Instructor Service Camps 198814 823 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 199292 818 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 199319 815 MIDWEST OVERHEAD CRANE Equipment Testing/Cert. Utility Operations-General 199526 809 QWEST Process Control Services Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199081 800 HARMON,STEPHANIE M Other Contracted Services Summer Theatre 199173 800 TURNER,ANDY Other Contracted Services Summer Theatre 198709 790 MT GLOBAL LLC Transportation Prairie Village Liquor Store 199361 780 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 199100 777 J&R RADIATOR CORP Equipment Repair&Maint Fleet Operating 198843 769 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 199082 760 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 199341 760 PONY PARTIES EXPRESS Other Contracted Services July 4th Celebration 199452 760 CWH RESEARCH INC. Employment Support Test Fire 198979 759 WINE COMPANY,THE Transportation Prairie View Liquor Store 199440 759 BOURGET IMPORTS Transportation Prairie View Liquor Store 199433 750 BANK OF NEW YORK MELLON,THE Paying Agent 2009C G.O.CIP Refunding Bonds 199067 749 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Wine Club 199507 748 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 199015 743 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 198622 736 CENTERPOINT ENERGY Gas Forest Hills Park 199460 734 EMERGENCY APPARATUS MAINTENANC Repair&Maint. Supplies Fire 199280 731 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 198606 720 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 199299 720 JELLY BEANS Instructor Service CC-Arts&Drama 198878 704 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 199571 704 10,000 WAKES Instructor Service Camps 198621 700 CENTER FOR THE CHALLENGING CHI Other Contracted Services Therapeutic Rec Administration 198925 700 NOVAK,JANICE S Other Contracted Services Organizational Services 198715 696 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 198891 695 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant 199502 690 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 199568 690 ZAHN,GERALD Other Contracted Services Volleyball 199058 688 FAGNANT,SUSAN Instructor Service Outdoor Center 199323 687 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 199564 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 199235 678 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 198944 676 RAY,LEE Other Contracted Services Softball 198937 676 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 199179 675 WIGLEY AND ASSOCIATES Software IT Operating 199370 674 STAPLES ADVANTAGE Office Supplies Customer Service 199397 668 WOERLE,HEIDI Other Contracted Services Organizational Services 199405 662 GE CAPITAL Other Rentals Customer Service 198612 659 BOURGET IMPORTS Transportation Den Road Liquor Store 199435 658 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 199342 656 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Senior Center 199151 650 RAY,LEE Other Contracted Services Softball 199283 648 GUNNAR ELECTRIC CO INC Building Repair&Maint. Round Lake 198849 644 FALCK,TIMOTHY R Other Contracted Services Softball 3894 642 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 198692 641 KEEPERS Clothing&Uniforms Police 199497 641 MAPLE GROVE PRINTING Printing Elections 199493 639 LANO EQUIPMENT INC Equipment Parts Fleet Operating 199155 638 SHI CORP Software IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199482 629 ITL PATCH COMPANY INC Awards Safety Camp 199387 629 VISTAR CORPORATION Merchandise for Resale Concessions 199108 628 KEEPERS Clothing&Uniforms Fire 199063 622 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 199513 618 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 199381 612 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 198679 610 IND SCHOOL DIST 272 Other Rentals Outdoor Center 198882 607 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 199118 606 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#1 198668 605 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 3877 605 CERIDIAN Garnishment Withheld General Fund 198636 600 EDEN PRAIRIE ABC FOUNDATION Miscellaneous Administration 199027 600 BOLD,PAULINE Instructor Service Outdoor Center 199247 600 BOLD,PAULINE Instructor Service Outdoor Center 199358 598 SCHMIDT,KURT Other Contracted Services Softball 3889 596 CERIDIAN Garnishment Withheld General Fund 199425 595 3D SPECIALTIES Operating Supplies Traffic Signs 199373 588 STREICHERS Clothing&Uniforms Police 199070 578 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 199315 575 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration 199353 572 RAY,LEE Other Contracted Services Softball 199089 572 HIRSHFIELD'S Repair&Maint. Supplies Utility Operations-General 199132 570 NORTHERN MR CORPORATION Contract Svcs-HVAC Pool Maintenance 199054 569 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 198730 566 QWEST Maintenance Contracts E-911 Program 199351 566 QWEST Maintenance Contracts E-911 Program 199538 550 TASER INTERNATIONAL Equipment Repair&Maint Police 199186 549 WORK CONNECTION,THE Other Contracted Services Park Maintenance 199398 549 WORK CONNECTION,THE Other Contracted Services Park Maintenance 199020 549 ANTENNA PLUS LLC Other Assets CIP-Bonds 198855 544 GE CAPITAL Other Rentals Customer Service 199274 544 GE CAPITAL Other Rentals Customer Service 198754 543 THE OASIS GROUP Employee Assistance Organizational Services 199072 540 GOVDELIVERY Software Maintenance IT Operating 199575 540 GOVDELIVERY Software Maintenance IT Operating 198672 539 HEWLETT-PACKARD COMPANY Computers Environmental Education 199204 535 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 199231 535 A-SCAPE INC Contract Svcs-Lawn Maint Den Road Building 199346 534 PROP United Way Withheld General Fund 199241 530 BANK BEER CO Beer Prairie View Liquor Store 198786 530 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 199544 524 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM 3869 515 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 198596 507 AMERITRAK Other Contracted Services Snow&Ice Control 199140 507 PETERBILT NORTH Equipment Parts Fleet Operating 198899 506 MCGREGOR,RANDY Other Contracted Services Softball 199530 505 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 199078 503 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 198863 503 HACH COMPANY Laboratory Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198683 500 JAMES J HILL Other Contracted Services Internal Events 198722 500 PLEHAL BLACKTOPPING INC Asphalt Overlay CIP Pavement Management 199117 500 MAECK,TOM Other Contracted Services Summer Theatre 199326 500 MRPA Miscellaneous Community Center Admin 199380 500 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 199442 500 BROWN,CHASTITY A Other Contracted Services Staring Lake Concert 198752 497 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 198858 493 GRAINGER Equipment Parts Water Treatment Plant 199511 491 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment Plant 199514 489 ODESA II LLC Other Contracted Services Park Acquisition&Development 199555 487 VOLAVKA,LYNDA Other Contracted Services July 4th Celebration 199222 481 PARK NICOLLET OPTICAL Capital Under$10,000 CIP-Bonds 199291 480 IND SCHOOL DIST 272 Other Contracted Services Summer Theatre 198832 479 COMMERCIAL MAINTENANCE CHEMICA Supplies-Plumbing City Hall-CAM 198956 479 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters 198866 478 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Infiltration/Inflow Study 199391 476 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 199114 472 LEXISNEXIS Other Contracted Services Police 199064 470 FRAGALE,ANNETTE Instructor Service Classes/Programs/Events 198918 462 MOHAGEN HANSEN ARCHITECTURAL G Deposits Escrow 199156 462 SIGNSOURCE Operating Supplies Den Road Liquor Store 199539 460 TAYLOR,EMILY Instructor Service Arts Center 199540 459 TEMP,ALYSON Other Contracted Services Volleyball 198664 459 GREATAMERICA LEASING CORP. Postage Customer Service 199437 456 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 198760 451 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 198941 450 PUCHALSKI,MARY Instructor Service Arts Center 199566 450 WRIGHT,ELISA Other Contracted Services Staring Lake Concert 199582 449 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 199085 447 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 199133 444 NORTHLAND INDUSTRIES Clothing&Uniforms Summer Theatre 198859 441 GRAND PERE WINES INC Transportation Prairie View Liquor Store 199068 440 GE CAPITAL Other Rentals Customer Service 198702 440 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 198947 440 ROOT 0 MATIC Contract Svcs-Plumbing Ice Arena Maintenance 199392 438 WINE COMPANY,THE Transportation Prairie View Liquor Store 198661 434 GRAINGER Supplies-HVAC City Hall-CAM 199464 434 GE CAPITAL Other Rentals Customer Service 198673 432 HOBART Supplies-Garden Room Garden Room Repairs 198616 427 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General 199535 427 STAPLES ADVANTAGE Office Supplies Customer Service 198685 425 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 199449 425 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 198950 422 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 198744 421 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 199567 415 XCEL ENERGY Electric Forest Hills Park 199076 414 GRAMPRE,DAVID A Other Contracted Services Softball 198874 413 HIGHWAY TECHNOLOGIES INC Operating Supplies Traffic Signs 199569 411 ZEP MANUFACTURING CO Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199579 410 READY WATT ELECTRIC Repair&Maint. Supplies Emergency Preparedness 198776 409 WM MUELLER AND SONS INC Gravel Water System Maintenance 199191 406 ALEX AIR APPARATUS INC Repair&Maint. Supplies Fire 199154 402 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 198898 400 MAACO Equipment Repair&Maint Fleet Operating 199136 400 OKEE DOKEE BROTHERS,THE Other Contracted Services Staring Lake Concert 199201 400 FORS,ERICA Other Contracted Services Summer Theatre 199473 399 HENRY,PAUL Other Contracted Services Volleyball 198780 399 XCEL ENERGY Electric Forest Hills Park 199029 398 BOURGET IMPORTS Transportation Prairie View Liquor Store 199190 396 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 199049 395 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 198837 392 DANIMAL DISTRIBUTING INC Beer Prairie View Liquor Store 199202 390 HARDWARE TECHNOLOGY CORPORATIO Operating Supplies Public Safety Communications 199069 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 198595 388 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie View Liquor Store 199553 386 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 198764 385 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 199304 382 KEEPERS Clothing&Uniforms Fire 198642 381 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 198713 379 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 198948 375 SAMUEL FRENCH INC Other Rentals Winter Theatre 198848 372 EXECUTIVE OCEAN Awards City Council 198749 368 SNEEN,NICOLE D Other Contracted Services Softball 199215 367 METRO FIRE Protective Clothing Fire 199402 367 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 199115 365 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 199557 365 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 199522 363 PUCHALSKI,MARY Instructor Service Arts Center 199066 361 GALE-TEC ENGINEERING INC Other Contracted Services Storm Drainage 199476 360 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 198750 357 STANLEY SECURITY SOLUTIONS INC Supplies-Security Arts Center 199389 357 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 199209 356 KOHL,BRADEN Mileage&Parking Fire 198900 354 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 199331 352 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 198753 352 TEMP,JEFFERY L Other Contracted Services Volleyball 198999 350 KURT,KAREN Travel Expense Human Resources 199110 350 KRAFT,MATTHEW E Other Contracted Services Summer Theatre 199175 349 VAN PAPER COMPANY Cleaning Supplies Park Shelters 199095 348 IDEAL SERVICE INC Maintenance Contracts Water Wells 199047 347 DALE GREEN COMPANY,THE Repair&Maint. Supplies Storm Drainage 199019 345 ANDREWS,TERRY S Other Contracted Services Softball 199137 344 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 199552 343 VAN PAPER COMPANY Cleaning Supplies Park Shelters 198966 338 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 199061 337 FIELDSTONE VINEYARDS Transportation Prairie View Liquor Store 198967 328 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 198630 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199454 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 198953 327 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 198639 326 EPA AUDIO VISUAL INC Computers Utility Operations-General 199451 325 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program 199143 325 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 198998 325 KAEHLER,BILL Mileage&Parking IT Operating 198647 324 FASTSIGNS Operating Supplies 3rd Sheet of Ice 199332 324 OLSEN COMPANIES Equipment Parts Water Treatment Plant 199248 323 BOURGET IMPORTS Transportation Prairie View Liquor Store 199157 322 SNEEN,NICOLE D Other Contracted Services Softball 198729 320 QWEST Telephone IT Telephone 199166 318 STREICHERS Clothing&Uniforms Police 199213 317 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 199546 317 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store 199327 316 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 199268 315 ESS BROTHERS&SONS INC Repair&Maint. Supplies Infiltration/Inflow Study 198638 315 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 198844 314 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 198628 313 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 199527 312 RAY,LEE Other Contracted Services Softball 199124 310 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 198781 310 Z WINES USA LLC Transportation Prairie View Liquor Store 198737 308 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 199445 307 CENTERPOINT ENERGY Gas Prairie View Liquor Store 199163 306 STANLEY ACCESS TECH LLC Contract Svcs-General Bldg Den Road Building 199128 305 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 199429 304 AL'S COFFEE Merchandise for Resale Concessions 199412 303 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 199329 301 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 199225 300 SHI CORP Office Supplies Police 198637 300 EDEN PRAIRIE BASEBALL ASSN Operating Supplies July 4th Celebration 198782 300 ZIMMERMANN,TIM Accounts Receivable Community Center Admin 199556 300 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 198946 299 ROGERS,KYLE Other Contracted Services Softball 199055 299 ELIASON,STEVE J Other Contracted Services Softball 199195 296 DANNER,TRACY Accounts Receivable Community Center Admin 199313 295 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 199309 288 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 198888 285 KEEPERS Clothing&Uniforms Fire 198822 285 BOURGET IMPORTS Transportation Prairie Village Liquor Store 198905 283 METROPOLITAN FORD Equipment Parts Fleet Operating 198934 281 PITNEY BOWES Postage Customer Service 199074 280 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 198807 277 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 198633 275 DEHN,JOSHUA E Other Contracted Services Park Maintenance 198667 275 HAUPT,JASON D Other Contracted Services Park Maintenance 198975 275 WATER CONSERVATION SERVICES IN OCS-Leak Detection Water System Maintenance 199371 275 STATE SUPPLY COMPANY Supplies-Plumbing Community Center Maintenance 199382 272 UNITED WAY United Way Withheld General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199232 269 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Infiltration/Inflow Study 198611 269 BOUND TREE MEDICAL LLC EMS Supplies Fire 199036 268 CAMPBELL KNUTSON,P.A. Legal WAFTA 198735 267 RETROFIT RECYCLING INC Supplies-Electrical Ice Arena Maintenance 199404 259 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 199243 257 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 199005 255 PUNG,DAVID Operating Supplies Fleet Operating 198850 255 FASTENAL COMPANY Operating Supplies Community Center Admin 198594 255 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Operating 198897 255 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 199505 255 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring 199030 253 BRAUN 1NTERTEC CORPORATION Other Contracted Services Park Acquisition&Development 198662 253 GRAMPRE,DAVID A Other Contracted Services Softball 199266 253 ELIASON,STEVE J Other Contracted Services Softball 198873 250 HIDDEN PICTURES Advertising Communications 198901 250 MD IAI Tuition Reimbursement/School Police 199312 250 MD IAI Tuition Reimbursement/School Police 199374 248 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 198783 248 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 198825 244 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating 199021 243 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 199554 241 VINOANDES Transportation Den Road Liquor Store 199431 241 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Wine Club 199160 240 SPORTSIGN Other Contracted Services Accessibility 199543 240 TIMBER LAKES HOMEOWNERS ASSOCI Other Contracted Services Storm Drainage 198708 238 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring 199267 237 EMERGENCY APPARATUS MAINTENANC Repair&Maint. Supplies Fire 199273 236 FEDEX Postage Human Resources 199174 235 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 199448 234 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 199509 231 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 199025 230 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 198675 230 HOLMES,TOM Other Contracted Services Softball 198955 230 STAPLES ADVANTAGE Office Supplies Customer Service 199363 228 SIGNAL SYSTEMS INC. Software Maintenance IT Operating 199077 228 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 199165 225 STAR Dues&Subscriptions General Community Center 199372 225 STICKS AND TONES Other Contracted Services Staring Lake Concert 199308 225 LORENZ,JOYCE Dues&Subscriptions Communications 199278 224 GRAFFITI SOLUTIONS INC Operating Supplies Park Maintenance 199547 224 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 198657 223 GE CAPITAL Other Rentals Customer Service 199257 222 CONSTRUCTION MATERIALS,INC Repair&Maint. Supplies Storm Drainage 199536 217 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 199237 217 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 198613 214 BROWNING,RYAN Other Hardware IT Operating 199508 214 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 199485 213 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 199150 213 QWEST Telephone E-911 Program Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199483 211 JACO,LLC Misc Taxable Den Road Liquor Store 199275 211 GEIS,ROB Operating Supplies Safety Camp 199238 207 ANDREWS,TERRY S Other Contracted Services Softball 199479 207 HOLMES,TOM Other Contracted Services Softball 199073 205 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 198646 204 FASTENAL COMPANY Operating Supplies Community Center Admin 199580 202 SHERWIN WILLIAMS CO Equipment Parts Street Maintenance 199276 201 GERTENS Chemicals Park Maintenance 198734 200 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 199475 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 199167 199 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 198788 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 199413 198 PRECISION FINISHING Small Tools Fire 199256 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 199441 193 BOYER TRUCKS Equipment Parts Fleet Operating 199018 192 ANCHOR PRINTING COMPANY Printing Police 199360 191 SEELYE Equipment Parts Water Treatment Plant 199192 191 ANCHOR PRINTING COMPANY Operating Supplies Fire 198600 186 ARNDT,DALE Small Tools Fleet Operating 199002 186 NFPA Office Supplies Fire 199282 185 GREENSIDE INC Contract Svcs-Asphalt/Concrt Arts Center 198829 184 CHRISTIANSEN,MIKE Other Contracted Services Softball 198867 184 HEALY,STEPHEN Other Contracted Services Softball 198877 184 HOLMES,TOM Other Contracted Services Volleyball 199091 184 HOLMES,TOM Other Contracted Services Softball 199286 184 HEALY,STEPHEN Other Contracted Services Softball 198852 182 FERGUSON ENTERPRISES#525 Equipment Parts Water Treatment Plant 199500 182 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 199290 180 IND SCHOOL DIST 272 Building Rental Community Band 199135 178 NUCO2 INC Supplies-Pool Pool Maintenance 198590 176 AAA LAMBERTS LANDSCAPE PRODUCT Improvement Contracts CIP Trails 198724 176 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Fire Station#4 199065 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 198920 173 MOUND FIRE DEPARTMENT Office Supplies WAFTA 198957 171 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 198716 171 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 199193 171 BLOOMINGTON CUSTOM EMBROIDERY Operating Supplies Fire 198742 170 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 198768 169 WEBER,ANNETTE Accounts Receivable Community Center Admin 198912 167 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 199510 167 NORCOSTCO Clothing&Uniforms Summer Theatre 199466 163 GRAFFITI SOLUTIONS INC Operating Supplies Park Maintenance 198671 162 HENRY,PAUL Other Contracted Services Volleyball 198599 161 ANDREWS,TERRY S Other Contracted Services Softball 198650 161 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 199042 160 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 199152 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 199545 160 TRUCK BODIES&EQUIP INTL INC Equipment Parts Fleet Operating 199087 160 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198767 159 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 198930 159 PETTY CASH Capital Under$10,000 Senior Board 199219 158 MOTOROLA Equipment Repair&Maint Public Safety Communications 198738 158 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 199269 158 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 199306 156 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 198958 155 STOVRING,LESLIE Operating Supplies Storm Drainage 199194 155 CDW GOVERNMENT INC. Operating Supplies Elections 198833 155 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 198682 154 J H LARSON COMPANY Operating Supplies Den Road Liquor Store 198649 153 FERRELLGAS Lubricants&Additives Fleet Operating 199465 153 GINA MARIAS INC Operating Supplies Fire 199084 152 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 199321 150 MINNESOTA DEPARTMENT OF NATURA Miscellaneous Storm Drainage 199534 150 ST.LOUIS PARK COMM BAND Other Contracted Services Staring Lake Concert 198890 149 KRAEMERS HARDWARE INC Supplies-General Bldg Senior Center 198939 149 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 199218 145 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 198618 144 CARLSON,DUANE Accounts Receivable Community Center Admin 199324 144 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 199017 144 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie View Liquor Store 199207 142 KEEPERS Clothing&Uniforms Fire 198846 141 ESBENSEN,GEORGE Travel Expense Fire 199467 141 GRAFIX SHOPPE Equipment Parts Fleet Operating 198919 139 MOST DEPENDABLE FOUNTAINS Supplies-Plumbing Park Shelters 198660 138 GOLDSTEIN,RON Accounts Receivable Community Center Admin 199377 138 TESSMAN SEED CO Chemicals Park Maintenance 199060 137 FASTSIGNS Safety Supplies Riley Lake Beach 199203 136 HD SUPPLY FACILITIES MAINTENAN Other Contracted Services Facilities Capital 199185 136 WM MUELLER AND SONS INC Repair&Maint. Supplies Infiltration/Inflow Study 199056 136 ELVIN SAFETY LLC Safety Supplies Utility Operations-General 198610 134 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 198634 134 DISPLAY SALES Supplies-General Bldg Park Shelters 199041 133 CID,MIREIA Accounts Receivable Community Center Admin 198820 131 BESNER BUS&EQUIPMENT INC Equipment Parts Fleet Operating 198894 130 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 199057 129 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 199259 128 DALE GREEN COMPANY,THE Repair&Maint. Supplies Storm Drainage 199210 128 KRYZER,BETH Accounts Receivable Community Center Admin 198935 127 POMP'S TIRE SERVICE INC Tires Fleet Operating 198913 125 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Community Center Maintenance 199176 122 VINTAGE ONE WINES INC Transportation Den Road Liquor Store 199045 121 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance 199230 121 A TO Z RENTAL CENTER Equipment Parts Utility Operations-General 198813 120 BANK BEER CO Beer Den Road Liquor Store 198695 119 LAB SAFETY SUPPLY INC Clothing&Uniforms Water System Maintenance 198872 118 HESSEL,ZACK Clothing&Uniforms Police 198951 118 SJF MATERIAL HANDLING INC Operating Supplies Traffic Signs 199050 117 DELEGARD TOOL CO Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199350 117 QWEST Telephone IT Telephone 198851 116 FASTSIGNS Operating Supplies Ice Arena 199012 116 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 199325 115 MORGAN CREEK VINEYARDS Wine Domestic Prairie View Liquor Store 198927 114 OSI BATTERIES INC Office Supplies Customer Service 199529 113 SEELYE Equipment Parts Water Treatment Plant 199523 112 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 198830 112 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 199430 111 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Day Care 198910 110 MINNESOTA CONWAY Equipment Repair&Maint Fire 198711 110 NELSON,ROXANN Accounts Receivable Community Center Admin 198787 110 CDW GOVERNMENT INC. Operating Supplies Elections 199046 109 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 198808 108 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 198921 108 MUSSELL,KATELIN Other Contracted Services Volleyball 199146 108 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 199328 108 MUSSELL,KATELIN Other Contracted Services Volleyball 199408 106 KEEPERS Clothing&Uniforms Fire 199390 105 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 199461 105 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 199234 105 AIR ENGINEERING AND SUPPLY Supplies-Plumbing City Hall-CAM 199320 103 MILLENNIUM FUNDING Operating Supplies Prairie View Liquor Store 198804 100 ACME JAZZ COMPANY Other Contracted Services Staring Lake Concert 198819 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 198821 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 198823 100 BRAGG,ANNALISA Instructor Service Outdoor Center 198857 100 GOOD NEWS BIG BAND Other Contracted Services Staring Lake Concert 198945 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 199161 100 SPOTTS,HOLLY M Other Contracted Services Summer Theatre 199196 100 EIDE,KELSEY Other Contracted Services Summer Theatre 199459 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Administration 198765 100 VINTAGE ONE WINES INC Transportation Den Road Liquor Store 199494 99 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 198757 99 TRIPP,MARCIA Refunds Storm Drainage 199102 98 JASON'S DELI Operating Supplies Reserves 199330 98 NORCOSTCO Clothing&Uniforms Summer Theatre 199097 97 INTOXIMETERS Equipment Repair&Maint Police 198812 97 AZADEGAN,HAMID AR Utility Water Enterprise Fund 199295 94 IRMITER,JESSE Canine Supplies Police 198603 91 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 199043 90 CLAREYS INC Clothing&Uniforms Street Maintenance 198841 90 DIRECTV Cable TV Community Center Admin 199262 90 DIRECTV Cable TV Community Center Admin 198973 89 VINOANDES Transportation Den Road Liquor Store 199385 89 VINOANDES Transportation Prairie View Liquor Store 198769 89 WELTER'S BROOKHAVEN FARMS Refunds Storm Drainage 199147 89 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 199172 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 199288 86 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198604 86 BATTERY STORE INC,THE Equipment Parts Water Treatment Plant 198914 86 MINNESOTA SAFETY COUNCIL Office Supplies Customer Service 199250 86 BROWNING,RYAN Other Hardware IT Operating 199450 86 CONTECH CONSTRUCTION PRODUCTS Repair&Maint. Supplies Storm Drainage 199120 85 MENARDS Repair&Maint. Supplies Utility Operations-General 199032 85 BROWN,KEVIN Mileage&Parking Police 199059 85 FASTENAL COMPANY Repair&Maint. Supplies Water Treatment Plant 199581 84 SUBURBAN CHEVROLET Repair&Maint. Supplies Emergency Preparedness 199236 84 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 198977 83 WHEELER LUMBER LLC Landscape Materials/Supp Staring Lake 199101 82 JACO,LLC Misc Taxable Den Road Liquor Store 198811 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 198889 81 KHIEU,BRANDON AR Utility Water Enterprise Fund 199242 80 BATTERIES PLUS Equipment Parts Utility Operations-General 199212 80 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 199239 79 ASPEN MILLS Clothing&Uniforms Reserves 199062 78 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 198993 78 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 199270 78 FAGNANT,SUSAN Instructor Service Outdoor Center 3868 77 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 199463 77 FERRELLGAS Motor Fuels Fleet Operating 198693 77 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 199417 76 WYDRA,TEEGAN Mileage&Parking Tree Disease 198681 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 198988 75 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint. Supplies Infiltration/Inflow Study 198703 74 MILLER,EKATERINA Accounts Receivable Community Center Admin 199205 74 HOESCHEN,CASSEY Operating Supplies Fire 198840 72 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 198684 71 JANEX INC Supplies-Fire/Life/Safety City Hall-CAM 3883 69 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 199427 68 A TO Z RENTAL CENTER Operating Supplies Wine Club 198836 68 DAHLSTROM,HEIDI AR Utility Water Enterprise Fund 199496 68 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 198805 65 ADCO AR Utility Water Enterprise Fund 198994 64 FSH COMMUNICATIONS LLC Telephone Round Lake 198865 64 HASSAN,NADIFO Accounts Receivable Community Center Admin 198991 63 CULLIGAN BOTTLED WATER Operating Supplies Fire 199515 63 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 198868 63 HECKEL,HELMAR Accounts Receivable Community Center Admin 199109 63 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 199411 62 MENARDS Small Tools Fire 198747 61 SHRED-IT Waste Disposal City Center Operations 199532 61 SHRED-IT Waste Disposal City Center Operations 199368 61 SPRINT Telephone Engineering 199470 61 GS DIRECT Operating Supplies Engineering 199376 61 TESSCO INC Equipment Parts Public Safety Communications 199357 61 SAMS,JOHN Mileage&Parking Assessing 198653 60 FREYTAG,KATHRYN Accounts Receivable Community Center Admin 198705 60 MINNESOTA GFOA Dues&Subscriptions Finance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199456 60 DEPARTMENT OF LABOR&INDUSTRY Licenses&Taxes Park Maintenance 3885 59 VANCO SERVICES Miscellaneous Community Center Admin 199011 59 A TO Z RENTAL CENTER Building Repair&Maint. Water System Maintenance 199246 58 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 198643 56 FAGNANT,SUSAN Instructor Service Outdoor Center 199356 56 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 198652 54 FOSTER,KATHERINE Other Contracted Services Volleyball 198726 54 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 199462 52 FASTENAL COMPANY Equipment Parts Fleet Operating 199052 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 198615 50 BURNETTE,AMBER L Instructor Service Outdoor Center 199221 50 OLSON,JONATHAN Accounts Receivable Community Center Admin 199310 50 MCCARTHY,CONNOR Other Contracted Services Staring Lake Concert 199362 50 SHANKS,TIM Other Contracted Services Staring Lake Concert 199383 50 USPCA REGION 18 Tuition Reimbursement/School Police 199388 50 WADNAL,ERIC E Other Contracted Services Staring Lake Concert 199410 49 MENARDS Small Tools Fire 199314 49 MERLINS ACE HARDWARE Operating Supplies Riley Lake Beach 199305 48 KRAEMERS HARDWARE INC Supplies-Security Community Center Maintenance 3867 48 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 3888 48 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 199307 47 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 198984 47 WISER,GREGORY AR Utility Water Enterprise Fund 198839 47 DEAN'S PROFESSIONAL PLUMBING Mechanical Permits General Fund 199366 47 SNETTING,TIM Canine Supplies Police 199228 46 WILSON,JULIE Accounts Receivable Community Center Admin 199255 45 COMCAST Dues&Subscriptions City Council 198733 45 RDO EQUIPMENT CO Equipment Parts Fleet Operating 199506 45 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 199296 43 IVERSON,MARGARET Accounts Receivable Community Center Admin 198704 43 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 199550 42 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 199004 41 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 198748 40 SNAP-ON TOOLS Small Tools Fleet Operating 198592 40 ALDRITT,JACKIE&JOHN Deposits Community Center Admin 198627 40 COFFMAN,WILLIAM&CAROL Deposits Community Center Admin 198691 40 JORGENSON,MICHELLE&TERRANCE Deposits Community Center Admin 198756 40 TITKOV,ELEONOR&YURI Deposits Community Center Admin 198806 40 AIM ELECTRONICS Repair&Maint-Ice Rink Ice Arena Maintenance 198854 40 G&K SERVICES Clothing&Uniforms Street Maintenance 199159 39 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 198952 38 SNAP-ON TOOLS Small Tools Fleet Operating 198929 38 PETERBILT NORTH Equipment Parts Fleet Operating 198875 37 HIRSHFIELD'S Repair&Maint. Supplies Utility Operations-General 198589 36 A TO Z RENTAL CENTER Other Rentals Park Maintenance 198694 35 KUKLA,MARY ANN Accounts Receivable Community Center Admin 199407 35 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 198816 34 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 198871 33 HESBY,BRANDON OR MELISSA AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198731 33 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 198976 32 WEBB,CHAUNTEL Accounts Receivable Community Center Admin 198978 32 WILLIAMSON,RICK Accounts Receivable Community Center Admin 198879 32 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 199240 31 AT&T MOBILITY Pager&Cell Phone Park Maintenance 198619 29 CDW GOVERNMENT INC. Operating Supplies Elections 198798 28 HEGLAND,NILS A Deposits Escrow 198659 27 GIBSON,JUDITH Accounts Receivable Community Center Admin 199416 27 UPS Equipment Repair&Maint Public Safety Communications 199272 26 FASTSIGNS Office Supplies Community Center Admin 198968 25 UNIFORMS UNLIMITED Operating Supplies Police 198845 25 EMPLOYER HEALTH SERVICES LLC Employment Support Test Organizational Services 198869 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 198916 25 MINNESTOA HIGH TECH ASSOCIATIO Conference Expense Economic Development 198971 25 USPCA REGION 18 Tuition Reimbursement/School Police 199334 25 PADNIEWSKI,JESSICA Deposits Escrow 199503 25 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Organizational Services 199446 24 CERIDIAN Ceridian IT Operating 199345 23 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 198631 22 DEAN'S PROFESSIONAL PLUMBING Cash Over/Short General Fund 199447 22 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin 198607 20 BECKER,MARY Deposits Community Center Admin 198617 20 CARLIN,JAYME Deposits Community Center Admin 198626 20 CLARK,GARY Deposits Community Center Admin 198644 20 FALTINSON,JULILE Deposits Community Center Admin 198654 20 FUGLESTEN,BONNIE Deposits Community Center Admin 198665 20 HANISCH,ANDREA Deposits Community Center Admin 198666 20 HANSEN,BARBARA M Deposits Community Center Admin 198676 20 HOUGHTON,LAURA Deposits Community Center Admin 198677 20 HUDSON,TRISHA Deposits Community Center Admin 198700 20 MESHBESHER,MARLEE Deposits Community Center Admin 198719 20 PETERSON,DAVID J Deposits Community Center Admin 198725 20 PROCTOR,MILDRED Deposits Community Center Admin 198736 20 REVOLINSKI,KIM Deposits Community Center Admin 198740 20 SCHAAF,GEORGE Deposits Community Center Admin 198743 20 SHAH,JENY Deposits Community Center Admin 198759 20 UHLER,KATHERINE Deposits Community Center Admin 198779 20 WU,XIAOMING Deposits Community Center Admin 198902 20 MERLINS ACE HARDWARE Operating Supplies Riley Lake Beach 199343 18 PRAIRIE LAWN AND GARDEN Equipment Parts Utility Operations-General 198678 17 IND SCHOOL DIST 272 Building Rental Community Band 199040 16 CERIDIAN Ceridian IT Operating 198745 15 SHONTS,LYNNE Memberships Community Center Admin 199226 15 SHONTS,LYNNE Accounts Receivable Community Center Admin 199119 15 MEDTOX Employment Support Test Organizational Services 199548 14 UPS Equipment Repair&Maint Public Safety Communications 199044 13 COMCAST Operating Supplies Fire 199208 12 KHELAH,HEATHER Accounts Receivable Community Center Admin 199490 12 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198699 12 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 198962 11 SWAGELOK Equipment Parts Water Treatment Plant 198707 11 MINNESOTA TROPHIES&GIFTS Office Supplies Emergency Preparedness 198864 10 HANSON,RUSSELL W Accounts Receivable Community Center Admin 198797 10 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 199126 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 198949 8 SCHULTE,BARBARA AR Utility Water Enterprise Fund 199214 6 MERLINS ACE HARDWARE Repair&Maint. Supplies Fire 198896 6 LOES OIL COMPANY Waste Disposal Fleet Operating 199434 5 BATTERIES PLUS Auto Repair&Maint. Water Distribution 198969 2 UPS Postage Water System Maintenance 199227 1 UPS Equipment Repair&Maint Public Safety Communications 6,832,737 Grand Total City of Eden Prairie Purchasing Card Payment Report 6/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 38 US-G.V.Plugs HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 27 US-Wood-Bocci Ball Courts MENARDS Operating Supplies Park Maintenance 27 US-Gopher Killer HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 60 US-Sr.Awareness Prizes DOLLAR TREE STORES,INC. Operating Supplies Senior Board 3 US-Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 766 US-Progressive Dinner ANNIE'S CAFE Operating Supplies Senior Center Administration 25 US-Sr.Awareness Prizes DAIRY QUEEN Operating Supplies Senior Board 25 US-Sr.Awareness Prizes MCDONALDS Operating Supplies Senior Board 11 US-Card Supplies TARGET Operating Supplies Senior Center Administration 14 US-Supplies TARGET Operating Supplies Senior Center Administration 1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events 25 US-Sr.Awareness Prizes DUNN BROTHERS COFFEE Operating Supplies Senior Board 4 US-Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 143 US-Progressive Dinner ANNIE'S CAFE Operating Supplies Classes/Programs/Events 46 US-Supplies/Cards/Games AMAZON.COM Operating Supplies Senior Board 185 US-Postage UNITED STATES POSTAL SERVICE Postage Senior Center Administration 46 US-Lunch'NI Learn Meal RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 5 US-Bingo Supplies DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 8 US-B-Day Party Container TARGET Operating Supplies Senior Center Administration 1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events 8 US-Screw Driver Bits GRAINGER Operating Supplies Park Maintenance 165 US-Bulbs-Tunnel Swamp HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 13 US-Rope Cleats R&R MARINE INC Repair&Maint.Supplies Sewer System Maintenance 91 US-Supplies NORTHERN TOOL&EQUIPMENT Equipment Parts Utility Operations-General 227 US-Leather Gloves OLSEN CHAIN&CABLE Safety Supplies Storm Drainage 200 US-Membership Fees MINNESOTA RURAL WATER ASSOCIAT Dues&Subscriptions Water Distribution 46 US-Trenchless Tech.Forum LOUISIANA TECH UNIVERSITY Conference Expense Utility Operations-General 441 US-Landscape Material HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 24 US-Miller Irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 23 US-Luggage Fee DELTA AIR Conference Expense Fire 23 US-Luggage Fee DELTA AIR Conference Expense Fire 730 US-Hotel-New World Conf HOTEL DEL CORONADO Conference Expense Fire 321 US-Swing Seat Belts LANDSCAPE STRUCTURES Equipment Repair&Maint Miller Park 50 US-Red Lake Safety Camp A PINE RESTAURANT Operating Supplies Fire 86 US-Fuel-R.L.Safety Camp SHELL OIL Operating Supplies Fire 74 US-Dinner-Red Lake Trip BLACK BEAR LODGE AND SALOON Operating Supplies Fire 42 US-Breakf-Red Lake Trip WARRIORS RESTAURANT Operating Supplies Fire 58 US-Fuel-R.L.Safety Camp HOLIDAY STATION STORES INC Operating Supplies Fire 69 US-Fuel-R.L.Safety Camp HOLIDAY STATION STORES INC Operating Supplies Fire 72 US-Chiefs Meeting RUBY TUESDAY Operating Supplies Fire 20 US-Forensics Supplies WALMART COMMUNITY Miscellaneous IT Operating 26 US-Irrigation Baseline Supp HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 224 US-Irrigation Baseline Supp MENARDS Repair&Maint.Supplies Park Maintenance 35 US-Irrigation Baseline Supp HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance -20 US-Credit Return HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 23 US-Irrigation Baseline Supp HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 26 US-Irrigation-Flying Cloud HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 4 US-Irrigation Repair Suppl.. SUPERAMERICA Operating Supplies Park Maintenance 366 US-Safety Trailer Repairs LANDEY'S CAMPING CENTER Repair&Maint.Supplies Fire 39 US-Property Mgrs Meeting PANERA BREAD Conference Expense Fire 280 US-HVAC Motors WALTERS CLIMATE,INC Building Repair&Maint. Utility Operations-General 105 US-Lift Compliance Kit AFFORDABLE SAFETY TRAINING Tuition Reimbursement/School Utility Operations-General 109 US-Lens Filter Windows MID-AMERICA PLASTICS Equipment Parts Water Treatment Plant 8 US-Supplies GRAINGER Operating Supplies Park Maintenance 11 US-Paint for Bases HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 16 US-Womens'Leadership LORD FLETCHERS Conference Expense Community Development Admin. 47 US-Business Card Holder DAY-TIMER Operating Supplies Community Development Admin. 24 US-Clamps for Banners KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 341 US-Way-2-Go Books PERSONAL BEST#1 Awards Organizational Services 225 US-Human Capital Confer. TWIN CITIES HUMAN RESOURCES AS Conference Expense Human Resources 325 US-HR CentralRegion Train SECURE-EPAY.COM Conference Expense Human Resources 345 US-Employee Benefits Conf EMPLOYERS ASSOCIATION INC Conference Expense Human Resources 21 US-Officer Summit Prep PUNCH NEAPOLITAN PIZZA Operating Supplies Fire 407 US-Airport Maps&Charts FEDEX Training Supplies Fire 158 US-Airport Maps&Charts FEDEX Training Supplies Fire 106 US-Seniors Dinner PARTY CITY Operating Supplies Fire 35 US-Radio Service Charger DIGI-KEY Repair&Maint.Supplies Public Safety Communications 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 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 3,996 US-April'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 376 US-April'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 340 US-April'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -94 US-April'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 505 US-CAFR Award GOVERNMENT FINANCE OFFICERS AS Awards Finance 27 US-Software Demonstr.Mtg BRUEGGERS BAGEL Operating Supplies CIP-Bonds 136 US-Software Demonstr.Mtg D BRIAN'S DELI&CATERING Operating Supplies CIP-Bonds 49 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 27 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 27 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 27 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 61 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 4 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 601 US-Fridge for RJB SEARS EDEN PRAIRIE Operating Supplies Park Facilities 19 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 27 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 62 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 18 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 20 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 23 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 85 US-Entrep/Investor Lunch COLLABORATIVE,THE Conference Expense Economic Development 19 US-Shipping Award Entries UPS STORE,THE Postage Communications Amount Explanation Vendor Account Description Business Unit 1,020 US-3 CMA Award Entries PAYPAL INC Awards Communications 37 US-Case for Notebook BEST BUY Operating Supplies Communications 38 US-Meeting-J.Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-Meeting-Gene Dietz SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-Meeting-Janet Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 85 US-Entrep/Investor Lunch COLLABORATIVE,THE Miscellaneous Administration 113 US-Workshop Food GINA MARIAS INC Miscellaneous City Council 194 US-Mtg-African Rotary Club BIAGGI'S RISTORANTE ITALIANO Miscellaneous Administration 138 US-Mtg w/Hopkins Schools CRUMB GOURMET DELI Miscellaneous Administration 62 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 108 US-Lunch-MoneyMagazine BIAGGI'S RISTORANTE ITALIANO Miscellaneous Administration 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 6 US-Pkg-Collaborative Mtg. MPLSPARKING.COM Mileage&Parking Administration 30 US-Mtg with Brad Aho DOOLITTLES WOODFIRE GRILL Miscellaneous Administration 138 US-Medal Award DVD's NRPA Operating Supplies Parks Administration 218 US-'10 Tahoe Floor Mats MACNEIL AUTOMOTIVE PRODUCTS Small Tools Fire 191 US-Sr Progressive Dinner BUCA Operating Supplies Fire 19 US-Signals'Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 16 US-Signals'Supplies STAPLES Operating Supplies Traffic Signals 36 US-Shop Key Lock Box HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance -1 US-Credit Return HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control -1 US-Credit Return HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 183 US-Road Project HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 71 US-ElectionFlag BaseWood HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 9 US-Brine Maker Repair HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 448 US-Safety&Cleaning Supp GEMPLERS Cleaning Supplies Utility Operations-General 123 US-Pond Cleaner GEMPLERS Grounds Maintenance Utility Operations-General 50 US-Card Board Boxes BAUER'S CUSTOM HITCHES/UHAUL Office Supplies Utility Operations-General 17 US-Elecrtion Train.Lunch CHIPOTLE Conference Expense City Clerk 136 US-Eng.License-R.Newton BOARD OF AELSLAGID Licenses,Permits,Taxes Engineering 195 US-ITE Conference-R.Rue 123 SIGNUP.COM Conference Expense Engineering 195 US-ITE Confer-R.Newton 123 SIGNUP.COM Conference Expense Engineering 935 US-Environ.Lab-WaterPlant NORTH CENTRAL INSTRUMENTS,INC Operating Supplies Environmental Education 69 US-EPCC Flowers/Supplies HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 38 US-Wheelbarrow Repair HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 19 US-Mower Maintenance SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 91 US-Park Maintenance Supp. HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-Citywide Mulch HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 86 US-Planting Shovels HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 142 US-Senior Ctr.Plant Pots MARSHALL'S GARDENS Landscape Materials/Supp Park Maintenance 15 US-Hose Nozzles HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 49 US-Concrete Crew Supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Storm Drainage 23 US-Curb Markers HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 153 US-Concrete Re-bar HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 7 US-Storage Bin HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 40 US-Shop Cleaning Supplies NAPA AUTO PARTS Repair&Maint.Supplies Utility Operations-General 7 US-Shop Cleaning Supplies NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 121 US-Arts in the Park Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts in the Park Amount Explanation Vendor Account Description Business Unit 49 US-Cookies-Open House RAINBOW FOODS INC. Operating Supplies Arts Center 13 US-Open House Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 33 US-Printer Ink/Push Pins OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 30 US-Art Crawl Jury CRUMB GOURMET DELI Operating Supplies Art Crawl 78 US-Glaze for Pottery Studio CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 75 US-Concert Series Supplies OFFICEMAX CREDIT PLAN Operating Supplies Staring Lake Concert 9 US-Ball for EPCC SPORTS SUPPLY GROUP INC. Operating Supplies Gymnasium(CC) 73 US-Play Care Toys JUST BETWEEN FRIENDS Recreation Supplies Day Care 220 US-4th of July Supplies ORIENTAL TRADING Operating Supplies Special Events(CC) 118 US-Birthday Party Supplies ORIENTAL TRADING Operating Supplies Birthday Parties 82 US-Ribbon-Member.Cards ID WHOLESALER Office Supplies Community Center Admin 46 US-Reimbursed Charge US BANK Operating Supplies Community Center Admin 40 US-Play Care Paint S&S WORLDWIDE Operating Supplies Day Care 18 US-Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 872 US-Ribbon-Member.Cards ID WHOLESALER Video&Photo Supplies Community Center Admin 39 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 40 US-B-Day Party Supplies JO-ANN FABRIC Operating Supplies Birthday Parties 21 US-Zip Drive TARGET Video&Photo Supplies Community Center Admin 200 US-Cameras-Assess/Appra NATIONAL CAMERA EXCHANGE&VID Video&Photo Supplies Assessing 200 US-Cameras-Assess/Appra NATIONAL CAMERA EXCHANGE&VID Capital Under$10,000 Assessing 628 US-Cameras-Assess/Appra NATIONAL CAMERA EXCHANGE&VID Miscellaneous Planning 11 US-Valve for Spray Tank HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 11 US-Parts-Hose on Sprayer HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 21 US-Mowing Supplies HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 54 US-Staple Gun&Staples HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 57 US-Small Tools HOME DEPOT CREDIT SERVICES Small Tools Outdoor Center 140 US-Permit-BoundaryWaters RECREATION.GOV Operating Supplies Outdoor Center 102 US-Printer BEST BUY Operating Supplies Street Maintenance 19 US-Spray for Tank HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 84 US-Miscellaneous Supplies CABLEORGANIZER.COM Repair&Maint.Supplies General Facilities 245 US-Exam Prep-Tim Peltier SPRUNG TRAINING SYSTEM Conference Expense General Facilities 304 US-Recreation Supplies S&S WORLDWIDE Recreation Supplies Youth Programs Administration 61 US-Resource Books ACA BOOKSTORE Operating Supplies Youth Programs Administration 556 US-Recreation Supplies DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 556 US-Program Supplies DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds 26 US Resource Books AMAZON.COM Operating Supplies Youth Programs Administration 38 US-Soulfire Year-end Party PAPA JOHNS Operating Supplies Youth Programs Administration 137 US-Recreation Supplies S&S WORLDWIDE Recreation Supplies Youth Programs Administration 147 US-Supplies for Camps S&S WORLDWIDE Operating Supplies Playgrounds -114 US-Returned Credit DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 421 US-Supplies for Camps ONCOURT OFFCOURT,INC Operating Supplies Tennis 85 US-Supplies for Camps TARGET Operating Supplies Playgrounds 15 US-Team Tennis Jersey USTA Clothing&Uniforms Tennis 90 US-6 Team Tennis Jerseys USTA Clothing&Uniforms Tennis 105 US-7 Team Tennis Jerseys USTA Clothing&Uniforms Tennis 15 US-Team Tennis Jersey USTA Clothing&Uniforms Tennis 114 US-Purchase Returned DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 247 US-Member.Fees-Tennis USTA Operating Supplies Arts Camp 19 US-Member.Fees-Tennis USTA Operating Supplies Arts Camp Amount Explanation Vendor Account Description Business Unit 4 US-Arts in the Park Supplies TARGET Operating Supplies Arts in the Park 3 US-Ice for Arts in the Park PDQ DELI MART Operating Supplies Arts in the Park 31 US-InternationalFestivalMtg CRUMB GOURMET DELI Operating Supplies International Festival 150 US-Oak Pointe Chairs HOME DEPOT CREDIT SERVICES Operating Supplies Oak Point Operations 45 US-Cerfif.Fee-W.Sevenich SCW FITNESS Tuition Reimbursement/School Fitness Classes 17 US-Mailing Fee-Staff Certif. UNITED STATES POSTAL SERVICE Operating Supplies Fitness Classes 15 US-GOTR Snacks-Last Day RAINBOW FOODS INC. Operating Supplies Girls on the Run 45 US-Certi£Fee-Kara Jeter SCW FITNESS Training Supplies Fitness Classes 45 US-Certi£Fee-H.Lindholm SCW FITNESS Training Supplies Fitness Classes 45 US-Certi£Fee-EPCC SCW FITNESS Training Supplies Fitness Classes 5 US-Mailing Fee-Staff Certif. UNITED STATES POSTAL SERVICE Operating Supplies Fitness Classes 725 US-Training Class ATOM Tuition Reimbursement/School Police 951 US-LEIU Conf-J.Claeys HILTON HOTELS Tuition Reimbursement/School Police 135 US-Training Books WINNING MIND Training Supplies Police 700 US-Training-S.Mittelstadt ATOM Tuition Reimbursement/School Police 150 US-Training-Janina Wresh ATOM Tuition Reimbursement/School Police 487 US-NewWorld Train-J.Good HOTEL DEL CORONADO Miscellaneous CIP-Bonds 74 US-NewWorld Train Transp HOTEL DEL CORONADO Miscellaneous CIP-Bonds 487 US-NewWorld Train-Wood HOTEL DEL CORONADO Miscellaneous CIP-Bonds 487 US-NewWorld Train-Kaehler HOTEL DEL CORONADO Miscellaneous CIP-Bonds 487 US-NewWorld Train-Bahr HOTEL DEL CORONADO Miscellaneous CIP-Bonds 412 US-Training Supplies BROWNELLS INC. Operating Supplies Police -725 US-Class Cancellation ATOM Tuition Reimbursement/School Police 375 US-Chaplin Training Class ATOM Tuition Reimbursement/School Police 75 US-GIS Training-A.Feidt GEOSPATIAL INFORMATON&TECHNO Conference Expense IT Operating 45 US-PoliceSquad PC-KeySet HEARTLAND SERVICES,INC Computers IT Operating 69 US-Conference Call WEBEX COMMUNICATIONS Computers IT Operating 257 US-4 Fire Station Phones OFFICE DEPOT CREDIT PLAN Operating Supplies IT Telephone -64 US-Return 1 Phone OFFICE DEPOT CREDIT PLAN Operating Supplies IT Telephone 111 US-NewWorld Visit Lunch D BRIAN'S DELI&CATERING Other Assets CIP-Bonds 19 US-Coffee and Water-Mtg. GARDEN ROOM FRATELLI'S GARDEN Other Assets CIP-Bonds 31,980 Report Total CITY COUNCIL AGENDA DATE: July 20, 2010 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning Don Richard Rezoning Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for a single family lot from Rural to R1-13.5 on 1.07 acres and approve summary ordinance. Synopsis This is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12205 Sunnybrook Road. Attachments 1. Ordinance 2. Summary Ordinance DON RICHARD REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 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 removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 20th day of July, 2010, 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 July, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A—Don Richard Rezoning Legal Description: The West 143 feet of East 748.5 feet of that part of Tract F lying North of South 410.05 feet thereof, Registered Land Survey Number 0751, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA DON RICHARD REZONING SUMMARY OF ORDINANCE NO. 12-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,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: Summary: This ordinance allows rezoning of land located at 12205 Sunnybrook Road, from Rural to R1-13.5 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.) CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager July 20, 2010 ITEM DESCRIPTION: DEPARTMENT/DIVISION: ITEM NO.: XIV.B.2. Flying Cloud Fields and Community Gardens - Scott H. Neal, City Manager Lease Proposals Requested Action Move to: Approve lease agreements with the Metropolitan Airports Commission for the Current and Expanded Athletic Fields and the Community Garden Plots at Flying Cloud Airport. Synopsis Representatives from MAC and staff from the City of Eden Prairie have been discussing the implementation of a lease for the current Flying Cloud Fields, the Community Garden Plots and the expansion of 26 acres to the west of the current site. Many meetings and discussions have occurred over the past two years. City of Eden Prairie staff and the City Attorney have expressed the desire to enter into a lease that is consistent with the terms outlined in the 2002 agreement. An item that MAC recently introduced into the negotiations is the concept of a 3 acre pad for future commercial development. Staff has incorporated the commercial pad in the site plan along with consideration for drainage from the site. The potential for development on the commercial site is not tied to the lease agreements for the fields and would be separate from any planning processes associated with the athletic field's expansion. Staff has reviewed the progress of the lease negotiations on an on-going basis with the Parks, Recreation and Natural Resources Commission. Commission members have expressed concern with the amount of time taken and with the offers of lease terms that are different than the 2002 agreement. Staff reviewed the most recent updates at the July 12, 2010 Parks, Recreation and Natural Resources Commission, meeting. The Commission voted unanimously to recommend the City Council enter into the lease agreements with the Metropolitan Airports Commission for the Current and Expanded Athletic Fields and the Garden Plots at Flying Cloud Airport. MOU vs.Proposed Lease Analysis Item 2002 Agreement Lease Proposal Impact Size of Parcel 25+/-Acres 26 acres Allows adequate area and distances for fields and parking. Length of 3 years 3 years Previous agreement was on a Agreement year-to-year basis. Lease Price "Similar order of Lease rates will be$1000/year(year 1)for Results in additional dollars from magnitude". the existing fields and$2500/year(year 1) the city's annual operating Current price is for the new fields. $1/year for the budget. $600/year. community garden site. The lease rates will escalate at 3%/year for both. Commercial Not mentioned Include a commercial site in the northwest Costs for design and construction Property corner of the expansion site. City of Eden of this portion of the site will be Prairie to grade and include retention and reimbursed to the City of Eden overflow for storm water in the design and Prairie by MAC. construction of the expansion area. Background On February 17, 2002, the Metropolitan Airports Commission(MAC) and the City of Eden Prairie (City) entered into the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between The City of Eden Prairie and The Metropolitan Airports Commission, December 2002 (Final Agreement). At the same time the City also entered into the Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure, Right- of-Way/Easement and Park Needs between the City and MAC(MOU). Commitments and representations contained in the Final Agreement were determined by both parties to mitigate the potential adverse environmental consequences of the proposed expansion of the Flying Cloud Airport and retain the fundamental character of the airport. The MOU regards cooperative solutions to outstanding infrastructure, assessment, right-of- way/easement and parkland issues relating to the Flying Cloud Airport. The undersigned parties believe that the elements of the MOU will establish a cooperative relationship between Eden Prairie and MAC for the compatible implementation of infrastructure improvements and private property development. 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'.oj �i- t r f‘ ( / I I V 1k \\ -, ��� N�� � 1 I ' 1( \ 1( f n ( s 1 / A \ \ V 7i/1 11 I „, //II\ V/ A O-- 11111111111111Alll /-� AA ( \, \V� j // )� 11II\� ; 0 E ����� �--— ' \I 1111111111 i 11 )� o I(I (II -\t((y� 1 ° -( ) ) ) / � I l ( �I I / 0 �� 1Ill111i111110 I11 --1------- _ '`I �' %� /� /�\1-s�� ( 0��> > -_ I III I I /' x =-�// �.<// / I / ((-- r \( h / -�?o )r�- �� 111�11V1111 III( 4 / 1 ,II( �'1 :_-_ __�/,'' L / / /i,,)l vA / /U ( 2 . V� )11111111111� i 1 - I� ( /!i �.- —!- �-�!K ///�J1f if L 1 n \--, ) II III, s /� 1 - s£, ,_� / ////-0 _it / .�z j1�1111111111AA"I k �l� K r>'"K-`� /"/\ fi tf I1 OO \I I1111i11�11AilV A/'1I1,�_. 1 ��(_)(--r—���%�--/ 0/�/ / 1 DRAFT July 8, 2010 (Pending Approval) ATHLETIC FIELDS LEASE AGREEMENT THIS ATHLETIC FIELDS LEASE AGREEMENT ("Lease") was made this ---- day of 2010 between the Metropolitan Airports Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City leased the property as shown on attached Exhibit A from the Commission pursuant to a license dated January 3, 2000; and WHEREAS, the City desires to continue to lease the property to operate athletic fields on the property; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to redefine certain parcels of the property as described in the Lease below, the MOU, and as shown on attached Exhibit A; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS the Commission has had this property appraised to determine the rental value; and WHEREAS, The City and Commission desire to terminate the license dated January 3, 2000, and replace it with this Lease and a separate lease for community garden plots, and enter into an additional separate lease for an expanded area for athletic fields; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on July 19, 2010. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1 DRAFT July 8, 2010 (Pending Approval) 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 39.3 acres, more particularly described as follows ("Premises"): And as designated "Lease Area 2" on the plat attached hereto as Exhibit A and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Parcel A: the maintenance and operation of ball diamonds, soccer and football fields; Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be three (3) years, commencing July 1, 2010 [what will the start date be?]with an option to renew for additional three (3) year periods, at rental rates to be determined at that time, under lease terms and conditions to be determined at that time, and subject to the terms set forth in the next paragraph. The Premises are subject to recapture by the Commission upon one (1) year written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon one (1) year written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 2 DRAFT July 8, 2010 (Pending Approval) 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. In addition to the Premises, it is understood that certain aspects of the ball field expansion are located off the Premises, including temporary fence, storm sewer culverts and aprons, and infiltration/drainage ditches, as shown in the plans and specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February 10, 2000. These structures are understood to be included as previous improvements to the Premises, for which the City shall maintain and operate, and repair and replace as necessary the personality, equipment and fixtures of a non-permanent nature as are incident to the development of the Premises for the authorized uses, including grading, seeding or sodding as required and construction of physical improvements thereto and thereon, all at no cost to the Commission and subject to removal by Lessee of all property, equipment and fixtures and, if necessary, the restoration of the Premises on termination of this Lease. If maintenance of the detention pond, into which the ball field drainage empties, becomes necessary, the City will pay a pro-rata portion of the expenses. The pro-rata portion will be the estimated amount of drainage into the pond from the ball fields of the total drainage into the pond. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements, including the improvements listed in the above paragraph, shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall adequately fence the Premises to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of 3 DRAFT July 8, 2010 (Pending Approval) any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of $1,000.00 per year, and escalating 3% per year during the remaining Lease Term. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason 4 DRAFT July 8, 2010 (Pending Approval) of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million two hundred thousand dollars ($1,200,000) per accident or occurrence or four hundred thousand dollars ($400,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie_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. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. 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 of 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. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that 5 DRAFT July 8, 2010 (Pending Approval) the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 6 DRAFT July 8, 2010 (Pending Approval) 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises DRAFT July 8, 2010 (Pending Approval) damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) "left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: 8 DRAFT July 8, 2010 (Pending Approval) Commission: Metropolitan Airports Commission Attn: 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Eden Prairie, MN Either party may change the party's address for notice by providing written notice to the other party. 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 9 DRAFT July 8, 2010 (Pending Approval) 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. io DRAFT July 8, 2010 (Pending Approval) IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Deputy Executive Director - Operations Date CITY OF EDEN PRAIRIE By Mayor Date By City Manager Date 11 DRAFT July 8, 2010 (Pending Approval) LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 20_, by (name) as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 20 , by (name), and the Mayor and City Manager respectively, of_the City of Eden Prairie (name of corporation). Notary Public (Notarial Seal) 12 DRAFT July 8, 2010 (Pending Approval) EXHIBIT A PREMISES 13 DRAFT July 8, 2010 (Pending Approval) ATHLETIC FIELDS EXPANSION AREA LEASE AGREEMENT THIS ATHLETIC FIELDS EXPANSION AREA LEASE AGREEMENT ("Lease") was made this day of , 2010 between the Metropolitan Airports Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to lease the property shown on attached Exhibit A from the Commission as described in the MOU; and WHEREAS, the City desires to lease the property to operate athletic fields on the property; and WHEREAS, the Commission has determined that the authorized use under this Lease would not interfere with airport operations; and WHEREAS the Commission has had this property appraised to determine the rental value; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on July 19, 2010. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 26.05 acres, more particularly described as follows ("Premises"): Insert legal description written by City. Include acreage. 1 DRAFT July 8, 2010 (Pending Approval) And as designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the construction, maintenance and operation of ball diamonds, soccer and football fields and associated ancillary uses. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be three (3) years, commencing August 1, 2010 with an option to renew for additional three (3) year periods, at rental rates to be determined at that time, under lease terms and conditions to be determined at that time, and subject to the terms set forth in the next paragraph. The Premises are subject to recapture by the Commission upon one (1) year written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon one (1) year written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in 2 DRAFT July 8, 2010 (Pending Approval) whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. The City will provide for the storm water retention needs relating to the Premises. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. The City shall complete design, grading and storm water piping work outside of the Premises on the parcel northwest of Lease Area 1 as shown on the lease exhibit. MAC will reimburse the City for a pro-rata portion of the design, grading and storm water work as mutually agreed based on the final site grading plans, as approved by Commission staff. Such work is subject to the conditions in Sections 7 [Insurance], Section 8 [Hold Harmless], and Section 18 [Environmental Operating Conditions] of this Agreement. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed 3 DRAFT July 8, 2010 (Pending Approval) against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of $2,500.00 per year, and escalating 3% per year during the remaining Lease Term including all renewal periods. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. 4 DRAFT July 8, 2010 (Pending Approval) Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million two hundred thousand dollars ($1,200,000) per accident or occurrence or four hundred thousand dollars ($400,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie_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. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. 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 of 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. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of 5 DRAFT July 8, 2010 (Pending Approval) ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in 6 DRAFT July 8, 2010 (Pending Approval) Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of DRAFT July 8, 2010 (Pending Approval) the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) "left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: 8 DRAFT July 8, 2010 (Pending Approval) Eden Prairie, MN Either party may change the party's address for notice by providing written notice to the other party. 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. 9 DRAFT July 8, 2010 (Pending Approval) IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Deputy Executive Director - Operations Date CITY OF EDEN PRAIRIE By Title Date By Title Date io DRAFT July 8, 2010 (Pending Approval) LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 20_, by (name) as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 20 , by (name), and Mayor and City Manager respectively of the City of Eden Prairie (name of corporation). Notary Public (Notarial Seal) 1i DRAFT July 8, 2010 (Pending Approval) EXHIBIT A PREMISES 12 DRAFT July 8, 2010 (Pending Approval) COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made this day of , 2010 between the Metropolitan Airports Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City leased the property as shown on attached Exhibit A from the Commission pursuant to a license dated January 3, 2000; and WHEREAS, the City desires to continue to lease the property to operate community garden plots on the property; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to redefine certain parcels of the property as described in the Lease below, the MOU, and as shown on attached Exhibit ; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, The City and Commission desire to terminate the license dated January 3, 2000, and replace it with this Lease and two leases for athletic fields; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on July 19, 2010. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying 1 DRAFT July 8, 2010 (Pending Approval) Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling acres, more particularly described as follows ("Premises"): Insert legal description written by City. Include acreage. I do not believe we have received this yet. And as designated in red on the plat attached hereto as Exhibit A and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the operation of community garden plots. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be one (1) year, commencing July 1, 2010 [what will the start date be?]with an option to renew for additional one (1) year period, at rental rates to be determined at that time, under lease terms and conditions to be determined at that time, and subject to the terms set forth in the next paragraph. The Premises are subject to recapture by the Commission upon six (6) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon six (6) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 2 DRAFT July 8, 2010 (Pending Approval) 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer 3 DRAFT July 8, 2010 (Pending Approval) or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of $1.00 per year. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million two hundred thousand dollars ($1,200,000) per accident or occurrence or four hundred thousand dollars ($400,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. 4 DRAFT July 8, 2010 (Pending Approval) Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie 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. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Lease Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie 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. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby 5 DRAFT July 8, 2010 (Pending Approval) permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, 6 DRAFT July 8, 2010 (Pending Approval) as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. DRAFT July 8, 2010 (Pending Approval) Any materials/waste (hazardous or otherwise) "left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Eden Prairie, MN Either party may change the party's address for notice by providing written notice to the other party. 8 DRAFT July 8, 2010 (Pending Approval) 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. 9 DRAFT July 8, 2010 (Pending Approval) IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Deputy Executive Director - Operations Date CITY OF EDEN PRAIRIE By Title Date By Title Date io DRAFT July 8, 2010 (Pending Approval) LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 20_, by (name) as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 20 , by (name) and Mayor and City Manager, respectively of the City of Eden Prairie_(name of corporation). Notary Public (Notarial Seal) 11 DRAFT July 8, 2010 (Pending Approval) EXHIBIT A PREMISES 12 CITY COUNCIL AGENDA DATE: SECTION: Reports of the Parks & Rec Director July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Engineering and Landscape Architect Parks and Recreation Professional Services Agreement for the Flying Cloud Fields Expansion-FIELDS Requested Action Move to: Approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the Flying Cloud Field Expansion. Synopsis This agreement provides for the design and preparation of construction documents necessary to bid and construct the Flying Cloud Field Expansion. The agreement specifies a not to exceed cost of$57,500. Funding for the project would come from the 2005 Park Bond Funds. Background The 2005 Bond Referendum identified money for the construction of expansion of Flying Cloud Fields. The funds for this project would come from the 2005 Park Bond Funds. Preliminary cost estimates of 1.2 million dollars include two lacrosse/soccer fields, two baseball fields and parking. Attachment Site Plan Professional Services Agreement w-r•y i r \ \ \\ f ti : i YIN CLOUD ~ �•\ `—<• , , , �'il � C / ' �� BALLF+�EL� E�CPANSION ,r�/ /. ,f, ,, . . C `,./ r',`� `` �''+,!'I. V. ;r 7 ,.; :.`'' =', CONCEPTI LAYOUT �/ `/`.'/2 l' ,` k i ,:,..:::,, ^i� Ii rhl t 1' : . '. .+1' '�, x' I. y s�/ 1 \., i '. r,•/I/� E�1q ; ),'^...f / I f// / `1 • OS-2 �10 (/f r/( l,li \l v / II r I . _ / / , 4-7' ttI( 1 1 ./I , / / I� RTgAY( `. ( � �I , � I, �'' �'. . � 1 ! ro / r PRELIRAIWIARY - NOT / ( .,) / / f/i ONSTRUCTION � I 4 Y � a_ � /'� t l � '�.... / - MULTIH,UR➢OSE FFEL4: �\\ V oy ,�/ /./ /, it45 , ,„ w I • .J-I11 111 f 1 1 I&�1 a f I�I I I.: /, r / r � r /I� /9l -*� F—` 10'TRAIL Ih"C, \ \lb \ + '\ I / .. l i 8/ ` , 7 / ENCLOSURE 'II 1. %, \ .-.D * .. rJ r+� I ,/ f / J a , SO STALLS ,(1111 ' !.,. .) /1/../.../ . �..,.., -....,_ PARKI 'SPACES ; ,\ ,,rs,Ro M ✓ t � I+/ mac qq I ,' /� I MULTP-PURPOSE FIELD 1 ,/ I.' l r :/ if Y�1{ ., . r f. ." � Ba� l - -. ,.'-: �I rg RO'"BASEB(Vli�7ELD 0' ASEBA 6' :/ //.4 `` I MAC C©MMERICA6, t / y l } %' •,:'//0/1..„ , • ,/• J_ r /' ' ' ti ♦ff /1 ' + ,y '........,:?' ..._._. N BASIN '` /' / 4, iIlk TRAIL CbNBTRUCTED\• ,,» » - AATIO - 4t1„,, w/MRCHELL RD.�, 7B[�... O' '/ -1 _- ::;.71:;''' .., 11 •9 9 f - -� --- - - rrre=?fed �. .�.,`�"^-• =_ .�_,.r, ___w_. 7�. ---n- , • r rf7 ; :�' �;�., w, ', , IIwII lTfklfl[ Jilill!II 11ii 11, ,. „,,,..... .., • ,,, •. . .......: ,.._............ r \V •IIi, W.i j ' ; I II{'� .�✓ y, � ..- �1111T � 7ft11I17i r�fTl `rrrhirl�>Lli1ti1T"llr`lr '711` Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 20thth day of July, 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc., a Minnesota Business (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional Engineering, Surveying and Landscape Architecture services by Consultant for Design, Construction Document Preparation and Bid Administration hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from July 20, 2010 through September 29th, 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 $ 57,500.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason,of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 03-21-2008 • A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Jan Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 2 Rev. 03-21-2008 Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 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 3 Rev. 03-21-2008 agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 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 4 Rev. 03-21-2008 this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation 5 Rev. 03-21-2008 insurance is provided through a state fund if Employer's liability coverage is not II available. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than thirty (30) days prior to the expiration 6 Rev. 03-21-2008 date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association 7 Rev. 03-21-2008 and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 i. J I Engineering Surveying B '� ;) Landscape Architecture 1 � J July 7,2010 Mr.Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Flying Cloud Ballfields Expansion Dear Jay, As requested,the following estimate for civil engineering services are provided for your consideration. Estimate Scope of Service $5,000.00 Preliminary Design. Includes preliminary grading and stormwater design,review of earthwork balance,and preliminary cost estimate for revised site plan. $50,000.00 Construction Documents Includes final site plan, grading plan,storm sewer and infiltration basin design, Stormwater Pollution Prevention Plan (SWPPP),watermain design,conceptual irrigation plan and fencing layout; specifications;engineers estimate;permit applications to MAC/FAA,County, Watershed District,and MnPCA. Profile drawings will be provided for the trunk storm sewer and roadway. $1,250.00 Bid Administration 7510 Market Place Drive $1,250.00 Reimbursables Eden Prairie, MN 55344 952-829-0700 $57,500.00 TOTAL 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC.- Lotthammer/Johnson July 7,2010 Page 2 Fees for construction phase services have not been included in the above estimates. We assume that lighting,concrete dugouts, and scoreboards will not be included with this project, and that the geotechnical consultant will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense and reimbursable expenses incurred(printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. Laurie A.Johnson,P.E. Principal CITY COUNCIL AGENDA DATE: SECTION: Consent July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Engineering and Landscape Architect Parks and Recreation Professional Services Agreement for the Flying Cloud Fields Expansion—MAC SITE Requested Action Move to: Approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the MAC site of Flying Cloud Fields Expansion. Synopsis This agreement provides for the design and preparation of construction documents necessary to bid and grade the MAC site of the Flying Cloud Fields Expansion. The agreement specifies a not to exceed cost of$8,500. Funding for this portion of the project will be reimbursed by MAC. Background Representatives from MAC and staff from the City of Eden Prairie have been discussing the implementation of a lease for the current Flying Cloud Fields and the expansion of 26 acres to the west of the current site. Many meetings and discussions have occurred over the past two years. During lease discussions, MAC staff asked that a 3 acre site would be left for future development. City staff has worked to reorient the fields in a way to accommodate this request. From a project coordination and a cost savings perspective, it is staff's recommendation that it would be best to design, grade and construct storm drainage simultaneously. This separate Professional Services Agreement is intended to capture costs that are associated with the MAC site for cost allocating purposes. These costs along with construction costs would be reimbursed to the City of Eden Prairie by MAC. The potential for development on the MAC site is not tied to the lease agreement and would be separate from any planning processes associated with the athletic field's expansion. 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' "".. . ., ,71.:„.1 V„1 i 1 1..n 11 ri TI 'r.‘1% "' ''' ,,,.. 1 1 ' I 111 k IT 1/1!"FliAl I VIT I I / L•:\ I; -, .' -,-:.,-//-•••••,•••-:,,\\\\‘''' / . i• , . :11,.',.„•[in! ,.1 H.• . ( 1 il i •. ,:',',.- ---- : ,,,, • ••. . - . _- .-_--= —— ---== r 1 ti,"-TPTFIT(Tt Fin-i 1 i i 1 1 i 1 I I--.1 I I i h I i il I 1 i ii,' • : .•... , , ! ... .- ,,,, ,,,.. . ! ,,J / ..,,..:',5:;:-,. \\`‘. ,,,.. ......(11 1,,,: : * Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 20thth day of July, 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc., a Minnesota Business (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional Engineering, Surveying and Landscape Architecture services by Consultant for Design, Construction Document Preparation and Bid Administration hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of WorWProposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from July 20, 2010 through September 29th, 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 $ 8,500.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 03-21-2008 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Jan Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 2 Rev. 03-21-2008 Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 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 3 Rev. 03-21-2008 agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 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 4 Rev. 03-21-2008 this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation 5 Rev. 03-21-2008 insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than thirty (30) days prior to the expiration 6 Rev. 03-21-2008 date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association 7 Rev. 03-21-2008 and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager er FIRM NAME By: Its: 8 0 1 I Engineering Surveying ;� Landscape Architecture � J July 7,2010 Mr.Jay Lotthairuner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: MAC Flying Cloud Commercial Site Dear Jay, As requested,the following estimate for civil engineering services are provided for your consideration. Estimate Scope of Service $3,000.00 Preliminary Design. Includes concept grading and stormwater design and preliminary cost estimate for proposed site plan. $5,000.00 Construction Documents Includes rough grading,infiltration basin design,storm sewer stub/outlet design,and engineer's estimate.Assumes that this site work will be incorporated into the Flying Cloud Ballfields Expansion bid package. $ 250.00 Bid Administration $ 250.00 Reirnbursables $8,500.00 TOTAL 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Lotthammer/Johnson July 7,2010 Page 2 Fees for construction phase services have not been included it the above estimates. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense and reimbursable expenses incurred(printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services, Sincerely, Hansen Thorp Pellinen Olson, Inc. c-Niaiptui d• r� � Laurie A.Johnson,P.E. Principal CITY COUNCIL AGENDA DATE: SECTION: Report of the Public Works Director July 20, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Eugene A. Dietz Approve Professional Services Agreement Public Works with SL-serco,Inc. for Phase II I&I Services,Home Inspections Requested Action Move to: Approve Professional Services Agreement with SL-serco, Inc. for Phase II I&I Services, Home Inspections. Synopsis This agreement with SL-serco provides for phase II of the home inspection element of the Infiltration and Inflow (I & I) removal project. The phase I pilot study concludes that the primary source of inflow from residential property into the sanitary sewer system is from illegally connected sump pumps. SL-serco will perform approximately 14,000 home inspections for these sump pumps by early summer 2011 at an estimated cost of$599,000. Background Information The Metropolitan Council Environmental Services (MCES) established a surcharge program approximately 4 years ago, which created a mandate for cities with a high contribution of infiltration and inflow into their system to remove it by 2012 (5 year program). The MCES estimated that the cost to remove the I & I in Eden Prairie to be $2.7 million. The mandate specifies that the City shall spend 20% of the total each year on prescribed activities to meet this goal. After 2012, the requirement to spend the money to remove I & I becomes a fine and other possible sanctions, such as not allowing additional connections to the sanitary sewer, could be imposed. Staff has been working with a consultant—SEH, Inc.—to bring our system into compliance. The course of remedial action selected by Eden Prairie has been an initial flow measurement program and a pilot study of approximately 1400 households in 4 distinct service areas that were determined to have the highest flow response to rainfall events. The work entailed: • A two year process of flow monitoring in 104 manholes (creating 104 districts)that are the collection points for all sanitary sewage from our community into the MCES interceptor system. Selecting the "worst 4" areas for a pilot study. • In-home inspections of the 1400 homes in the 4 service districts, including televising the service line from the home to the sewer main in the street and inspecting sump pumps for illegal connections to the sewer system; • Inspection of MCES manholes; • City owned manhole inspections in the 4 service districts; and • Smoke testing of the sewer system in the 4 service districts. The results indicate that the cost effective actions to comply with the mandate are: • Removal of illegal sump pumps; • Manhole inspection and repairs; and • Smoke testing to discover and correct illegally connected roof and storm drains from commercial, industrial and apartment style buildings. Until now, SEH, Inc. has performed all consultant activities for the project and staff is preparing a professional services agreement that will provide for completion of smoke testing in the areas of the community that have commercial/industrial type construction, manhole inspections and engineering analysis/reports for all the work activities. The SEH Phase II agreement will come before City Council in August. However, through a"request for proposal"process, staff has determined that SL-serco, Inc. can provide a much more cost effective home inspection program for the 2nd phase of our project, which will entail approximately 14,000 inspections by early summer 2011. Their proposal is a unit price basis for each element of their services and is estimated to cost $599,000 compared to the estimate from SEH of$905,000. Staff therefore recommends that the SL-serco agreement be approved. Finally, as we complete phase II of the program, the need to inspect every home in the community will be evaluated. There are nearly 19,000 connections to the sewer system in the community. The combined inspection count from phases I and II will represent approximately 15,400 customers. Based on the initial flow monitoring, these private properties represent more than 80% of the source of the I & I in the community. In some sections of town—the southeastern area along the river bluff for example—it is extremely unlikely that even an illegally connected sump pump would generate flow to the sewer system due to the sandy soils in the area. Therefore, inspecting every last household may not be cost effective. Attachments Proposal Professional Services Agreement (T jrAst. SL-serco mi,.... Rick Wahlen, City of Eden Prairie June 29, 2010 This proposal is related to the September 24th meeting notes where we discussed Eden Prairie's approach to I&I. Eden Prairie plans to complete a minimum of 14,000 and a maximum of 18,000 home inspections and guided resident questionnaires focused on identifying and removing I&I contributed by resident action or inaction.This work will be completed by 2012 at the latest. It is a benefit to complete the work earlier. In 2006,MCES adopted a Surcharge Program stating that if excess I&I is not removed,MCES has the authority to increase wastewater treatment costs that were heretofore passed on to users through sanitation fees.I&I increases the risk of a sewer pipe collapse,sinkhole or surface depression. MCES'new surcharge policy will focus even more attention on I&I issues. MCES established goals and limitations for all communities discharging wastewater to the Metropolitan Disposal System. Communities with excessive I&I are required to eliminate the excess within a reasonable time period (generally 5 years). MCES will not provide additional capacity within its interceptor system to serve communities with excessive I&I. 56 communities including Eden Prairie,Saint Paul and Minneapolis exceeded their I&I allowance.If the excess I&I is not eliminated in 5 years,MCES may charge communities an additional wastewater demand charge. Eden Prairie currently has $550,000 committed each year to the Surcharge Program. Eden Prairie has addressed a small number of accounts in a pilot program and has started other evaluation and smoke testing related to I&I with a local consultant.The Utility also plans to address issues in the infrastructure that may contribute to the I&I problem as they find them. Community Watch Approach-SL-serco will facilitate community involvement so residents can contribute to Eden Prairie's shared I&I program.No resident or group is accountable or is penalized by the I&I problem.It is a community issue. It requires a community solution. Mobilizing residents to open their door and share ways they see I&I in their home,on their property and throughout the community requires a positive and not punitive campaign that is well understood by residents and staff alike.It must be convenient to comply with the utilities requests.And where action is required,the utility has to support the residents.SL-serco proposes the campaign takes on a clear Community Watch Approach.This is will include a hotline for questions related to I&I,newsletter articles,and public relations focused to address the issues found during the inspection/interview stage. In addition,every effort will be made to put the utility and the resident on the same side in identifying and mediating the problems found as it relates to I&I. Consequences related to lack of responsiveness will only take place after residents go through the following processes. 1) The utility sends introductory letter to all related account holders. 2) SL-serco sends a first letter about the program and ways to set an appointment. 3) SL-serco sends a postcard with a set appointment. 4) SL-serco sends a final letter explaining the consequences of not complying. 5) Utility starts consequence. The inspection/interview will be interactive and illicit information from the resident in about I&I problem areas ways for the resident to avoid contributing to the problem. If an issue is found an SL-serco employee will spend time with the resident finding a solution and guiding them to a productive way to keep water from the sanitary system.We suggest the utility consider a grant or support for the repairs required as it relates to this program. Complete first round by April 2011 -SL-serco will complete initial inspection/interviews for each account in Eden Prairie.This work will be completed by sewer district. Schedule-We propose the following schedule.This schedule takes advantage of the best times of the year to perform this work as well as appropriate times for management and evaluation of plans as it relates to residents. Residents who travel during specific seasons will have an opportunity to complete the work while in the area. July 15th Project kick-off session that includes the utility and SL-serco to set process Week of 19th Community Introduction letter and first sewer district letter are sent to the residents August Start Inspection/Interviews September 1000 accounts complete with first initial visit January All accounts complete through initial visit(75%have had interview) April 90%have had interview-Reinspections started Summer of 2011 Public Information focused toward solution Reporting-SL-serco will report to the utility the results of the inspection/interview on a monthly basis.The reports will include electronic raw data,a summary of the data by sewer district and comparison data for the interviews. The raw data will be collected on forms that will be maintained by SL-serco and turned over to the utility at the conclusion of the project.In order to organize the accounts,SL-serco will require an account list.We recommend the list include water meter ID and previous read.We will take a manual read off the register during the interview with the intent to confirm we are at the correct location. Utility Involvement- Clear expectations for the project will be outlined to the utility and SL-serco as part of the Project Kick-off event.SL-serco expects the utility would be involved in the project by: agreeing to the fees related to the project,sending a Utilty introduction letter,providing Utility envelopes (or artwork) for SL-serco enveloped mailings,participating in monthly project meetings,making one field staff available for our staff training session and resident discussion as needed,based on the conclusions from the interviews-decide on the most effective communication and approve funds for public information. 2 This project requires mobilization,printing of forms and door tags and well as a fair amount of organization and facilitation.The fees for this work is as follows: Quantity Description $/piece Total 1 Mobilization and Project Management $28,000 $ 28,000 14,000 Accounts committed to at the beginning Project $ 28 $392,000 4,000 Accounts added after project starts $ 30 $120,000 650 Reinspections/Resident consultation $ 60 $ 39,000 4 Public Events $ 5,000 $ 20,000 These prices assume no bonding,retainer or prevailing wage requirements.Completing the total number of accounts depends heavily on the actions of the utility.Therefore a return fee of$15 exists for every account that is turned back to the utility without our doing the inspection. Unique Project Support-SL-serco would accomplish this work through a skilled field staff and a unique combination of project support including a call center,project manager and a web-based scheduling system that puts the utility account holder in control. Eden Prairie residents will experience an unusual amount of access to our staff through convenient appointment times and easy access to our skilled staff.Convince allows residents to focus on the shared issue of I&I removal. Field staff will work 7am to 7pm Monday-Friday and Saturday hours as requested. Our contact is primarily in Standard English.We also work with the utility to make other languages available and often partner with cultural and community groups to ensure the highest level of contact.We have staff members fluent in Hmong,Spanish,German and Vietnamese. SL-serco is prepared to support utilities with communication resources as needed.All SL-serco call center staff will be provided information so calls can be handled if questions arise from the account holders. SL-serco will coordinate the uniforms with the task each technician is involved with and the image expectations provided by the project partners.Durability is required for the inspectors and a unique professional look is the standard for the supervisors. Thank you for the invitation for information about how SL-serco successfully approaches meter maintenance. If you would like further information,please do not hesitate to contact me at the phone number provided. Sincerely, David Allen,CEO and the folks at SL-serco 612-618-4747 Email: dsa@SL-ser.com Jr SL-serco 2817 Anthony Ln S#104 St.Anthony,MN 55418 Phone 612-782-7173 Fax 612-782-9782 3 Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 20th day of JULY, 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SL-serco, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 2817 Anthony Lane S #104, St. Anthony, MN 55418. 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 PHASE II I&I HOME INSPECTIONS 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" (LETTER PROPOSAL DATED JUNE 29, 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 July 20, 2010 through October 1, 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 $599,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. The nature of the work requires that the consultant schedule home inspections to verify compliance with City Codes regarding inflow and infiltration—primarily related to proper plumbing of sump pumps. The City shall use its best efforts to assist the consultant in gaining access to private property with the use of letters and non-compliance consequences to the property owners. 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. Rick Wahlen 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 David Allen and to serve on the Project. They shall be assisted by other staff 2 Rev. 8-07-2009 members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph 3 Rev. 8-07-2009 in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by 4 Rev. 8-07-2009 anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 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. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. Intentionally left blank—not required. 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 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 6 Rev. 8-07-2009 (including reasonable attorneys 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 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 7 Rev. 8-07-2009 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