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HomeMy WebLinkAboutCity Council - 01/19/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 19, 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. MAJOR CENTER AREA: SPECIAL SERVICE DISTRICTS Council Chamber II. OPEN PODIUM A. Barbara Kaerwer—Public Infrastructure Ordinance B. Thomas Casey—Public Infrastructure Ordinance C. Nine Mile Creek—Public Infrastructure Ordinance III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 19, 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. DR. MARTIN LUTHER KING, JR., PROCLAMATION B. AWARDS OF VALOR V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 4, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION UPDATE VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Second Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres. Location: Franlo Road and Niblick Lane. (Ordinance for Zoning District Change and Zoning District Amendment) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS CHRIS ADDITION D. ADOPT RESOLUTION OF SUPPORT FOR LOWER MINNESOTA WATERSHED DISTRICT REQUEST FOR BONDING TO REPAIR AND STABILIZE THE MINNESOTA RIVER BANK IN EDEN PRAIRIE CITY COUNCIL AGENDA January 19, 2010 Page 2 E. APPROVE SCHEDULE OF COMPLIANCE AGREEMENT WITH MPCA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RICE MARSH LAKE TRAIL CONNECTION G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE STARING LAKE TRAIL CONNECTION H. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR A RATE ANALYSIS FOR WATER, SANITARY SEWER AND STORM DRAINAGE I. ADOPT RESOLUTION AMENDING FEE RESOLUTION NO. 2009-77 J. APPROVE PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT FROM PUSH, PEDAL, PULL IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 1 AND 2, BLOCK 2, THE RIDGE AT RILEY CREEK 2ND ADDITION (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.86, SUBD. 3, RELATING TO DISPOSAL OF EXCESS PROPERTY B. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. WAL-MART by The Benham Company. Second Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service District on 16.86 acres, Resolution for Site Plan Review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment; Resolution for Site Plan Review) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL AGENDA January 19, 2010 Page 3 B. REPORT OF CITY MANAGER 1. Religious Holiday Policy 2. 2010 Budget Reduction Plan: Review and Approval 3. Fire Relief Association Update C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: January 15, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, January 19, 2010 TUESDAY, JANUARY 19, 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. DR. MARTIN LUTHER KING, JR., PROCLAMATION A member of the Human Rights & Diversity Commission will be present for the reading of the proclamation and to announce the opening of the application process for the Human Rights Awards. B. AWARDS OF VALOR Chief Reynolds and Chief Esbensen will introduce the presentation and turn it over to the Mayor to read the Awards and present the plaques and letters to the recipients. Each recipient will be wearing a nametag. 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. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 2010 ANNOTATED AGENDA January 19,2010 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION UPDATE A member of the Human Rights & Diversity Commission will be present the update. VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres. Location: Franlo Road and Niblick Lane. (Ordinance for Zoning District Change and Zoning District Amendment) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS CHRIS ADDITION D. ADOPT RESOLUTION OF SUPPORT FOR LOWER MINNESOTA WATERSHED DISTRICT REQUEST FOR BONDING TO REPAIR AND STABILIZE THE MINNESOTA RIVER BANK IN EDEN PRAIRIE E. APPROVE SCHEDULE OF COMPLIANCE AGREEMENT WITH THE MPCA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RICE MARSH LAKE TRAIL CONNECTION G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE STARING LAKE TRAIL CONNECTION H. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR A RATE ANALYSIS FOR WATER, SANITARY SEWER AND STORM DRAINAGE I. ADOPT RESOLUTION AMENDING FEE RESOLUTION NO. 2009-77 J. APPROVE PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT FROM PUSH, PEDAL, PULL ANNOTATED AGENDA January 19,2010 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS ON LOT 1 AND 2, BLOCK 2, THE RIDGE AT RILEY CREEK 2ND ADDITION (Resolution) Official notice of this public hearing was published in the December 31, 2009,Eden Prairie News and sent to three property owners. Synopsis: The Property Owners have requested the vacation of a portion of the underlying Drainage and Utility easements dedicated with the plat of The Ridge at Riley Creek 2nd Addition. The lot line between this lot and the adjacent lot were administratively moved and new easements dedicated. The intent is to vacate the underlying easements as they are no longer necessary. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating that part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2, Block 2, The Ridge at Riley Creek 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2. Except the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2.86, SUBD. 3,RELATING TO DISPOSAL OF EXCESS PROPERTY Synopsis: The ordinance change will allow the City to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. This change is in accordance with Minnesota State Statute 471.345, Subd. 17. MOTION: Move to approve the second Reading of an Ordinance Amending City Code Section 2.26, Subd. 3, relating to the disposal of excess property. ANNOTATED AGENDA January 19,2010 Page 4 B. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE Synopsis: This is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved 1st reading of the ordinance on October 6, 2009. MOTION: Approve 2" Reading of the Ordinance relating to the definition of public infrastructure and adopt Resolution approving Summary Ordinance. C. WAL-MART by The Benham Company. Second Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service District on 16.86 acres, Resolution for Site Plan Review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment; Resolution for Site Plan Review) Synopsis: This is final approval of plans and the development agreement for Walmart. MOTION: Move to: • Approve 2nd Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service Zoning District on 16.86 acres; and • Site Plan Review on 16.86 acres; and • Approve the Development Agreement for Wal-Mart XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Religious Holiday Policy Synopsis: Eden Prairie residents practice a variety of faith traditions and the City of Eden Prairie respects the importance of religious holidays in their lives. To encourage civic engagement and to avoid creating barriers to participation in public events and meetings, a policy has been developed which addresses the scheduling of such events on key religious holidays. At the direction of the City Manager, the Human Rights and Diversity Commission(HRDC)undertook a study of religious holidays and has proposed a policy and a list of key religious holidays to help guide City Council, City staff and Commissions when scheduling events and meetings. ANNOTATED AGENDA January 19,2010 Page 5 The HRDC sought the opinions of religious and academic experts to determine if the selected religious holidays accurately reflect those celebrated by community members. To accommodate the major religions in Eden Prairie, the calendar will include the following 11 holidays: Holi, Good Friday, Easter, Passover, Rosh Hashanah, Eid ul-Fitr, Yom Kippur, Durga Puja, Diwali, Eid al-Adha and Christmas. MOTION: Move to approve the Religious Holiday and Diversity Policy. 2. 2010 Budget Reduction Plan: Review and Approval Synopsis: The Council's final approval of the 2010 budget included a direction to further reduce 2010 General Fund spending by$250,000. The Council directed me to prepare a plan for making that reduction and to present that plan to the Council for approval at the January 19 Council meeting. I have prepared a budget reduction plan that meets the Council's $250,000 reduction target. The plan reduces Facilities Internal Service Fund and the Information Technology Internal Service Fund each by$50,000. This reduction will allow each fund to reduce its internal charges to the General Fund operating budgets by a total of$100,000. Both internal service funds (ISFs) ended 2009 with fund balances sufficient to allow this reduction because both ISFs had major projects that came in under budget. The operating impact of this action is minimal. The plan also implements an across-the-board reduction to General Fund departmental budgets of 0.4%. The cumulative impact of a 0.4% across-the- board reduction in our General Fund is $150,000. I do not generally advocate across-the-board budget reductions, but I believe the scale of this reduction is so minor that devoting a great deal of staff time to creating a strategic reduction instead of the across-the-board reduction would be a misapplication of our staff time. The operating impacts of making a relatively small across-the-board budget reduction in the General Fund are minor. I have asked Department Directors to give me examples of what they will do with their operations to accommodate this reduction. I will share a list of reduction examples at the Council meeting. There will be no significant change in our service levels associated with this budget reduction. I recommend the Council approve this action. MOTION: Move to approve City Manager's proposal to reduce approved 2010 General Fund spending by $250,000. ANNOTATED AGENDA January 19,2010 Page 6 3. Fire Relief Association Update Synopsis: At the November 17 joint meeting of the City Council and Budget Advisory Commission(BAC), the Council expressed its support of the following BAC recommendation concerning the Eden Prairie Fire Relief Pension Association: "The BAC recommends that the City Council, staff, and the Firefighter Relief Association review the various pension plans available for the volunteer fire service. Determine which plan(s)provide stability and consistency for the required City contributions and a fair benefit to volunteer firefighters. The BAC also recommends that the City and the Firefighter Relief association review the objectives, time horizon, and risk tolerance of the Fire Relief Investments to determine that Fire Relief Association and City objectives are met." The Council could initiate this discussion by establishing an external working group of stakeholders that might consist of Council Members, BAC members, firefighters and Relief Association Board members. Or, the Council could also initiate the discussion internally on the Relief Association Board itself through its two voting members on the Board. The latter strategy might prove more effective as any change to the Relief Association's benefit structure will ultimately require the cooperation and support of the Relief Association Board. There is no requirement for the Council to act on this item. I am raising the matter for discussion as a follow-up to the concerns expressed by the Council and BAC during this year's budget process. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS,the City of Eden Prairie's City Council and Human Rights &Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS,the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr.,had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS,the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW,THEREFORE,be it resolved, that the City of Eden Prairie hereby proclaims 2010 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. - )_,=s2 ?i,,n_ Phil Young, Mayor City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 5, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. Council Member Nelson was absent. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 348, sponsored by the Eden Prairie Optimist Club, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION CELEBRATING THE CHINESE NEW YEAR Mayor Young read a proclamation extending best wishes to the government officials and people of Loudi, China. B. UPDATE ON THE CITY'S MEET AND GREET BUSINESS RETENTION PROGRAM Dave Lindahl, Economic Development Manager, gave an overview of the City's "Meet and Greet"business retention program. He noted the program is continuing to do well. There were 24 meetings in 2009, and in addition they had their first international meeting in Beijing, China. They continue to receive positive feedback from the business leaders. He said the program was the catalyst for the Minnesota State Chamber of Commerce's "Grow Minnesota"program. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Items XIII.M. and XIV.B.1. MOTION: Duckstad moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES January 5,2010 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2009 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, December 1, 2009, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2009 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, December 1, 2009, as published. Motion carried 4-0. C. SPECIAL CITY COUNCIL MEETING HELD MONDAY, DECEMBER 21, 2009 Aho said the minutes should be changed to show that he was present at the meeting. Duckstad said he was not present at the meeting. MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Meeting held Monday, December 21, 2009, as published. Motion carried 3-0-1,with Duckstad abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2010-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. ADOPT RESOLUTION NO. 2010-02 DESIGNATING DEPOSITORIES C. ADOPT RESOLUTION NO. 2010-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. ADOPT RESOLUTION NO. 2010-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. ADOPT RESOLUTION NO. 2010-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. ADOPT RESOLUTION NO. 2010-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. ADOPT RESOLUTION NO. 2010-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2010 CITY COUNCIL MINUTES January 5,2010 Page 3 H. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2010 I. ADOPT RESOLUTION NO. 2010-08 DECLARING PROPERTY AS ABANDONED PROPERTY J. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2010 K. ADOPT RESOLUTION NO. 2010-09 APPROVING EXTENSION OF CONDITION USE AGREEMENT 112099 WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA L. APPROVE CHANGE ORDER NO. 1 FOR THE FLYING CLOUD DRIVE TRAIL IMPROVEMENTS, I.C. 09-5749 MOTION: Duckstad moved, seconded by Aho, to approve Items A-L on the Consent Calendar. Motion carried 4-0. Young said this might be a good year to look at competition for the depository designation and to determine if there are other ways we can support the financial institutions in town. Neal said this will be our fifth year with US Bank as depository, and we can look at the competition this year. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad, and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.26, SUBD. 3, RELATING TO THE DISPOSAL OF EXCESS PROPERTY Neal said this ordinance change will allow the City to sell supplies, materials, and equipment which is declared to be surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. He said we have the ability to dispose of surplus and obsolete items by state statute, but we have to clearly outline how we do that. This change would allow us to sell excess property online. We discovered some opportunities to sell some items instead of having to pay someone to take the items. CITY COUNCIL MINUTES January 5,2010 Page 4 MOTION: Aho moved, seconded by Case, to approve the First Reading of an Ordinance amending City Code Section 2.26, Subd. 3, relating to the disposal of excess property. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. RESOLUTION NO. 2010-10 DESIGNATING OFFICIAL CITY NEWSPAPER Neal said this designation is required on an annual basis. The Eden Prairie News has been the official newspaper since 2008. The Sun Current seeks the designation this year, and they state that their office in Eden Prairie is their primary office. The relevant statute does not make the presence of a primary office a determining factor in determining priority. The City Attorney determined both newspapers appear qualified under the statute. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun Current was the official newspaper from 2003 through 2007. He noted staff believes the bid from Eden Prairie News to be more competitive. MOTION: Case moved, seconded by Duckstad, to adopt Resolution No. 2010-10 designating the Eden Prairie News as the official City newspaper for the year 2010. Motion carried 3-0-1,with Young abstaining. B. RESOLUTION NO. 2010-11 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2010 AND APPOINTING ACTING MAYOR Neal said this resolution requires approval on an annual basis. He noted the Council discussed the meeting calendar for 2010 in December,but this is the official approval. Young said he will be out of town the first week of March and, since there are five Tuesdays in March, the meeting dates could be shifted to the second and fourth Tuesdays. He noted there is only one meeting in April, and the change would shorten the gap between meetings. Neal noted there would be some benefit to that because there is only one meeting in February. He said he had an opportunity to visit with staff to see if the change created any other scheduling issues, and it does not. The consensus was to make the change in meeting dates to March 9 and March 23. Neal said we went with one meeting in February because of there are caucuses on the first Tuesday of the month. We went with the summer schedule of one meeting per month, and there is no meeting on Election Day,November 2. He said staff will make the change to the schedule for the March meetings. CITY COUNCIL MINUTES January 5,2010 Page 5 MOTION: Duckstad moved, seconded by Aho, to adopt Resolution No. 2010-11 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2010, including the amended dates of March 9 and March 23, and appointing Council Member Aho the Acting Mayor. Motion carried 4-0. C. RESOLUTION NO. 2010-12 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Young said he was inclined to carry most of the City Council appointments over to 2010. MOTION: Case moved, seconded by Duckstad, to adopt Resolution 2010-12 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority, and appointing Phil Young as Chair, Scott Neal as Executive Director and Council Member Nelson as Secretary for calendar year 2010. Motion carried 4-0. D. RESOLUTION NO. 2010-13 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2010 MOTION: Aho moved, seconded by Duckstad, to adopt Resolution 2010-13 designating Council Member Case as the Director and Gene Dietz as the Alternate Director to the Suburban Rate Authority. Motion carried 4-0. E. APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Duckstad, to approve appointment of Mayor Young as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 4-0. F. APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Duckstad moved, seconded by Case, to approve appointment of Mayor Young to the Municipal Legislative Commission. Motion carried 4-0. G. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION MOTION: Aho moved, seconded by Duckstad, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 4-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Aho, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 4-0. CITY COUNCIL MINUTES January 5,2010 Page 6 I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Duckstad moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 4-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Case, to approve appointment of Council Member Duckstad to the City and School Facilities Use Task Force. Motion carried 4-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Case moved, seconded by Duckstad, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 4-0. L. APPOINTMENT OF COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION MOTION: Aho moved, seconded by Case, to appoint Council Member Duckstad to Southwest Transit Board as the Eden Prairie City Council Representative for a three- year term to end December 31, 2012. Motion carried 4-0. M. APPOINTMENT TO FIRE RELIEF ASSOCIATION Young noted this is an appointment that hasn't been made at this meeting in prior years. Neal said there has been more attention given to the Fire Relief Association during the last budget discussions. He said he had a chance to speak with the City Attorney, and at his recommendation staff is bringing this to the Council tonight to formally appoint the Mayor and Finance Manager to the Fire Relief Association. The appointment of the Fire Chief is an automatic appointment according to statute, but we have included that in the proposed motion. He said the appointment of Ms Kotchevar could be one held by a Council Member,but he thought it was useful for the Finance Manager to serve on the board. Young thought if the City Council wanted it, we could have two Council Members as trustees and still ask Ms Kotchevar to attend the meetings. He thought Ms Kotchevar's participation is quite important. Case said in years past it wasn't that critical an issue when the stock market was doing great. He thought there might be some advantage to having another Council Member serve, and he agreed that Ms Kotchevar needs to attend the meetings. Duckstad asked if there are other members who serve in addition to these three. Neal said there is representation from the current firefighters and representation from retired firefighters, and he thought there are a total of nine members on the board. Duckstad asked how often they meet. Neal said it is monthly. Duckstad asked if they also receive help from anyone who has a background in investment procedures or CITY COUNCIL MINUTES January 5,2010 Page 7 investment soundness. Neal said they operate with considerable help, and they employ professional advisors to assist them. Duckstad said he didn't have any objection if one of the Council Members chooses to serve on the board. Young said it is likely that some discussions we may have this year relative to the Fire Relief Association may take some of the Council's time, so there might be some advantage to have two Council Members serve. Case said he would be willing to serve on the board, and he thought it adds credibility to the firefighter representation to show that several Council Members are paying critical attention to funding. Duckstad asked what the other duties would be for those who serve on the board in addition to making wise and prudent investments. Neal said it is primarily about managing their investment portfolio,but also about understanding the benefit structure and how the benefit structure works into the future. This is a separate organization from the City government. Duckstad asked if the board has any duty or authority to select what type of contribution the City is required to make to the fund. Neal said the group would be a participant in that kind of discussion if there is discussion about how the contribution might be changed. The consensus was to name two Council Members as representatives to the board. MOTION: Aho moved, seconded by Duckstad, to appoint Mayor Young, Council Member Case, and Fire Chief George Esbensen to the Board of the Eden Prairie Fire Relief Association, and to request that Finance Manager Sue Kotchevar continue to attend the meetings. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Advances in Technology Neal said we have had a couple of major technology advances recently. We just converted to the New World Systems in the Police, Dispatch and Fire Departments. The system was specifically designed for the City by New World Systems, and it is a$1.5-1.8 million software advancement for our public safety communications. We worked for two years to find the right solution and implement it. Neal said the second advancement is our new Ceridian software. He said we have taken steps away from the Logis software, and will now use the Ceridian software for Human Resources and Payroll systems. CITY COUNCIL MINUTES January 5,2010 Page 8 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 7:33 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 19, 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. Raffle 2010 Renewal Licenses Organization: International School of MN Parent Organization Place: Bearpath Golf& Country Club Solid Waste Collector 18100 Bearpath Trail Allied Waste Services Date: February 20, 2010 Alpha Container Services Aspen Waste Systems Inc Temporary Liquor Organization: Church of Pax Christi Buckingham Trucking Inc Event: CANA Dinner Dick's Sanitation Services Inc Date: February 6, 2010 Place: Pax Christi, 12100 Pioneer Trail Keith Krupenny& Son Disposal Service Inc LePage & Sons Randy's Sanitation Inc Temporary Liquor Red Arrow Waste Disposal Services Organization: Eden Prairie Lions Club Shamrock Disposal Inc Event: Taste of Eatin' Prairie Date: February 27, 2010 Total Sanitation Service Inc Place: MN Vikings Training Center Veit Container Corp Lloyd's Construction Veolia Environmental Services Waste Management Corporation Waste Technology Inc - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Olympic Hills Chris Addition Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres; and • Approve the Development Agreement for Olympic Hills Chris Addition; and • Approve and Authorize Issuance of a Grading Permit for Olympic Hills Chris Addition subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 26, 2009, as approved by the City Council. Synopsis This is final approval of the plans and development agreement for a 3 single family lot subdivision on land that is guided low density residential. Background Information The 120-Day Review Period Expires on January 22, 2010. Attachments 1. Ordinance 2. Summary Ordinance 3. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA OLYMPIC HILLS CHRIS ADDITION ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AND AMENDING THE ZONING OF LAND IN THE R1-13.5 ZONING DIASTICT, 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 Zoning District and placed in the R1-13.5 Zoning District and amended within the R1-13.5 Zoning 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. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 19, 2010 entered into between Stuart Investments, Ltd., and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 17th day of November, 2009, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of January, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A Rural to R1-13.5 The South 125 feet of East 433 of Southeast Quarter of the Northwest Quarter of Section 25, Township 116, Range 22. And also: R1-13.5 Outlot D, Olympic Hills Third Addition, according to the plat on file and of record in the Office of the County Recorder, Hennepin County Minnesota. OLYMPIC HILLS CHRIS ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 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 Franlo Road and Niblick Lane, from Rural to R1-13.5 Zoning District and amending land within the 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.) DEVELOPMENT AGREEMENT OLYMPIC HILLS CHRIS ADDITION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 19, 2010,by Stuart Investments,Ltd.,a Minnesota corporation,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 Zoning District Change from Rural to R1- 13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres, and Preliminary Plat of 1.29 acres into 3 lots and road right of way, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to RI-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres, and Resolution No. for Preliminary Plat, 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 October 26,2009,reviewed and approved by the City Council on November 17,2009, (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. 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 shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): 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. 6. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 7. SIDEWALK CONSTRUCTION: Concurrent with the Land Alteration of the Property, Developer agrees to reconstruct the sidewalk adjacent to Franlo Road as depicted in the plans. Developer agrees to construct the sidewalk with a minimum five foot boulevard between the roadway and sidewalk. Developer shall complete reconstruction of the sidewalk in accordance with the terms of Exhibit C prior to the issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for the sidewalk reconstruction. 8. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 1.29 acres in the amount of$8,475.30. 9. CONNECTION FEES: Prior to release of a final plat for any portion of the Property, Developer shall pay connection fees for sanitary sewer and water main in the amount of $50,820 for the three lots. 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 By By Its Phil Young Its Mayor By 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 , the , of , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT —Olympic Hills Chris Addition Legal Description Before Final Plat The South 125 feet of East 433 feet of Southeast Quarter of the Northwest Quarter of Section 25, Township 116, Range 22. And also: Outlot D, Olympic Hills Third Addition, according to the plat on file and of record in the Office of the County Recorder, Hennepin County Minnesota. Legal Description After Final Plat Lots 1-3, Olympic Hills Chris Addition EXHIBIT B DEVELOPMENT AGREEMENT —Olympic Hills Chris Addition Grading & Site Plan dated 10/26/09 by BDM Consulting Engineers Utility Plan dated 10/26/09 by BDM Consulting Engineers SWPP & Standard Details dated 10/26/09 by BDM Consulting Engineers Landscaping Plan dated 10/26/09 by BDM Consulting Engineers Preliminary Plat dated 10/26/09 by BDM Consulting Engineers EXHIBIT C DEVELOPMENT AGREEMENT — OLYMPIC HILLS CHRIS ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 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. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. 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. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. 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. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. 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. XI. 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. XII. 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. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. 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. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. 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. XX. 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. XXI. 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. XXII. 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. EXHIBIT D DEVELOPMENT AGREEMENT — OLYMPIC HILLS CHRIS ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2010,between the City of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $8,475.30 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$8,475.30 until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Phil Young Its Mayor By: NOT TO BE SIGNED 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, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Randy L. Slick Final Plat Report of Olympic Hills Chris Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Olympic Hills Chris Addition. Synopsis This proposal is for the plat located at 9790 Franlo Road. The plat consists of 1.29 acres to be platted into three lot single family lots and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on November 17, 2009. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on January 19, 2010. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320.00. • Receipt of street lighting fee in the amount of$737.75. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$8,475.30. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall pay connection fees for sanitary sewer and water main in the amount of$50,832.00. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 20010- A RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS CHRIS ADDITION WHEREAS, the plat of Olympic Hills Chris Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Olympic Hills Chris Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated January 19,2010. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 19, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk OFFICIAL PLAT OZril:PIC ffILLS ChIRIS AIJIJITION °A.—NO. I 1 50 --- : . .. A 8 N311.31..i.i{ I BASIS OF BEARING: •e. 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OPT WI o eqo.A.wmNmuoPIFS0S e.40 L.An....cmeccn. SURVEY DIVISION,11....0w Count'Nnn.v c PurvNPpr r.s.c.Jeae.soa(taaP1 W qar ne.N..n eppmv.a AI. y covey.Nlnne.oA r �L�VJry-�1•tl�u� Horory puelk, Ceuny.NmnnOA Y mMuion[xplr..: WlSlvm P,am�a count'survmr Ny Cammlubn 4plr..: CONSULTING ENGINEERS & SURVEYORS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION ITEM NO.: VIII.D. Public Works Resolution of Support for LMRWD Eugene A. Dietz request for bonding to repair and stabilize the Minnesota River bank Requested Action Move to: Adopt a resolution supporting the Lower Minnesota River Watershed District request for bonding for repair and stabilization of the riverbank of the Minnesota River in Eden Prairie, Minnesota. Synopsis The Lower Minnesota River Watershed District has commissioned an additional study of the erosion issues of the riverbank of the Minnesota River in the vicinity of Riverview Road. The study identifies possible solution, but at a cost well in excess of$1Million. This resolution supports the district's effort to secure bond funding from the upcoming legislative session. Attachments • Resolution of Support CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION SUPPORTING THE LOWER MINNESOTA RIVER WATERSHED DISTRICT REQUEST FOR BONDING FOR REPAIR AND STABILIZATION OF THE RIVERBANK OF THE MINNESOTA RIVER IN EDEN PRAIRIE,MINNESOTA WHEREAS, significant sections of the Minnesota River bank in the vicinity of Riverview Road generally between Flying Cloud Drive and Homeward Hills Road in Eden Prairie have been subject to erosion; and WHEREAS, the erosion activity in this section of the Minnesota River has noticeably accelerated in the past few years; and WHEREAS, the City of Eden Prairie and the Lower Minnesota River Watershed District (LMRWD)have collaborated on a study of the erosion issue; and WHEREAS,the LMRWD has commissioned an additional study of the erosion issues and the study has identified possible remedial and repair solutions that are expected to exceed$1 Million to implement; and WHEREAS,the Minnesota River is estimated to serve approximately 25%of the drainage area of the entire State of Minnesota; and WHEREAS, the study makes a direct correlation between the amount of erosion and the flow of this significant watercourse; and WHEREAS,the US Army Corp of Engineers has declined to participate in the solution;and WHEREAS, the scope of the problem and the solution to resolve it are of a magnitude beyond the resources of the City and the LMRWD. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, that the City supports the efforts of the Lower Minnesota River Watershed District to seek state bond funding to make the necessary repairs to the riverbank. Further, the City respectfully requests the Legislature of the State of Minnesota to take positive action to fund the repairs of this important resource protect the interests and properties of the residents and community of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 19th day of January 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I ITEM NO.: VIII.E. Public Works Approve Schedule of Compliance Eugene A. Dietz Agreement with the Minnesota Pollution Control Agency Requested Action Move to: Approve Schedule of Compliance Agreement with the Minnesota Pollution Control Agency Synopsis This Resolution represents the culmination of negotiations with the Minnesota Pollution Control Agency(MPCA) to resolve issues of noncompliance for two storm water facilities in the vicinity of Riverview Road. Background Information In the Fall of 2008, a resident alerted the MPCA to the fact that two storm water facilities along Riverview Road—a pond and a storm water outfall structure—were in need of repair. The MPCA performed an inspection and prepared a letter to the City specifying the issues they found and that the City was not in compliance with our storm water permit. Staff and the City Attorney have met with MPCA, developed plans for making necessary repairs and negotiated the terms of the attached agreement—a Schedule of Compliance. The essence of the agreement is that the repairs shall be made to the facilities in 2010 along with a number of interim completion dates for a number of permit requirements that we are obligated to perform. Although the MPCA has authority to levy fines in these circumstances, the agreement specifies that compliance with the terms of the document will not result in any fines for the current issues of non-compliance. Staff recommends approval of the document. Attachments • Agreement STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY IN THE MATTER OF: City of Eden Prairie SCHEDULE OF COMPLIANCE Part 1. PARTIES. This Schedule of Compliance ("Schedule") applies to and is binding upon the following parties: a. City of Eden Prairie ("Regulated Party"); and b. The Minnesota Pollution Control Agency("MPCA"). Unless specified otherwise in this Schedule, where this Schedule identifies actions to be taken by the MPCA, the Commissioner or the Commissioner's designees shall act on the MPCA's behalf. Part 2. PURPOSE AND SCOPE OF SCHEDULE OF COMPLIANCE. The purpose of this Schedule is to resolve the alleged violations set out in Part 6 of this Schedule by specifying actions the Regulated Party agrees to undertake. By entering into this Schedule, the Regulated Party is settling a disputed matter between itself and the MPCA and does not admit that the alleged violations set out in Part 6 of this Schedule occurred. However, the Regulated Party agrees that the MPCA may rely upon the alleged violations set out in Part 6 as provided in Part 10 of this Schedule. Except for the purposes of implementing and enforcing this Schedule, nothing in this Schedule constitutes an admission by either Party, or creates rights, substantive or procedural, that can be asserted or enforced with respect to any claim of or legal action brought by a person who is not a party to this Schedule. Part 3. AUTHORITY. This Schedule is entered under the authority vested in the MPCA by Minnesota Statutes Chapters 115 and 116. Part 4. DEFINITIONS.Unless otherwise explicitly stated, the definitions in Minnesota Statutes Chapters 115, 115A, 115B, 115C, 116, and 116B, and in Minnesota Rules Chapters 7000 to 7151 apply, as appropriate, to the terms used in this Schedule. For the purposes of Part 7 of this Schedule, stormwater Best Management Practices ("BMPs") include but are not limited to outfalls, sediment basins or collection treatment systems, stormwater ponds, and infiltration and filtration areas, and exclude structural pollution control devices as defined in the Regulated Party's National Pollutant Discharge Elimination System (NPDES")/State Disposal System ("SDS") Permit to discharge stormwater associated with Municipal Separate Storm Sewer Systems (the "MS4 Permit"). Part 5. BACKGROUND. The following is the background of this Schedule: a. The Regulated Party is a Minnesota municipal corporation and operates a Municipal Separate Storm Sewer System (hereinafter the "MS4") located in Eden Prairie, Hennepin County, Minnesota,pursuant to a MS4 Permit issued by the MPCA. b. On October 31, 2008, MPCA staff conducted an inspection of certain portions of the Regulated Party's MS4 after receiving a citizen complaint. c. During that inspection, MPCA staff observed and documented the presence of a nonfunctioning stormwater pond near the old road bed of Riverview Road, identified by the Regulated Party as "Water Body 35-23-A" (the "Pond"), and a stilling basin near existing Riverview Road identified by the Regulated Party as "Stilling Basin 36-42-C" (the "Stilling Basin"). d. The Pond discharges directly to the Minnesota River. The Stilling Basin discharges to Purgatory Creek, which is a tributary of the Minnesota River. e. MPCA staff has met with the Regulated Party on April 20, 2009 and again on July 1, 2009, to discuss the nature and extent of the discharges from the Pond and the Stilling Basin, and the potential corrective measures the Regulated Party could implement to repair or replace those two structures. Part 6. ALLEGED VIOLATIONS. The MPCA alleges that the Regulated Party has violated the following requirements of statute, and/or rule condition(s): 1. Minn. Stat. § 115.061 Duty to Notify and Avoid Water Pollution. Except as provided in paragraph (b), it is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover, as rapidly and as thoroughly as possible, such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby. During an inspection on October 31, 2008, as follow-up to a citizen complaint, MPCA staff observed and documented two stormwater BMPs near Riverview Road (old and existing), in the City of Eden Prairie, that have discharged, and continue to discharge,untreated stormwater to the Minnesota River and Purgatory Creek, both waters of the state. The Regulated Party was notified of the failure of these stormwater BMPs by the citizen complainant prior to MPCA inspection. The Regulated Party did not notify the MPCA of these discharges and did not take immediate corrective action. Prior to the October 31, 2008 inspection, the MPCA received no notice from the Regulated Party concerning the alleged failure of these stormwater BMPs to control pollution into waters of the state. 2. Minn. R. 7050.0210 General Standards for Dischargers to Waters of the State. Subp. 2. Nuisance conditions prohibited. No sewage, industrial waste, or other wastes shall be discharged from either point or nonpoint sources into any waters of the state so as to cause any nuisance conditions, such as the presence of significant amounts of floating solids, scum, visible oil film, excessive suspended solids, material discoloration, obnoxious odors, gas ebullition, deleterious sludge deposits, undesirable slimes or fungus growths, aquatic habitat degradation, excessive growths of aquatic plants, or other offensive or harmful effects. On October 31, 2008, MPCA staff observed and documented deposits of sediment and erosion gullies caused by discharges to the Minnesota River and Purgatory Creek near Riverview Road (old and existing) from two stormwater BMPs owned and operated by the Regulated Party in Eden Prairie, Minnesota ("Site"). In addition, MPCA staff observed a breach in the side wall of the Pond adjacent to the Minnesota River at old Riverview Road. By discharging sediment and sediment-laden stormwater from the Regulated Party's stormwater BMPs, these releases caused nuisance conditions including excessive suspended solids, and other offensive or harmful effects, to waters of the state. 3. NPDES/SDS MS4 General Permit No. MNR040000 Part V STORM WATER POLLUTION PREVENTION PROGRAM, Section G.6. subparts (1, 3, 5, 6, and 7) 6. Pollution prevention/good housekeeping for municipal operations. b. You must also: 1) Operate and maintain your Storm Water system in a manner so as to Reduce the discharge of pollutants to the Maximum Extent Practicable. In an inspection conducted on October 31, 2008, MPCA staff observed a breached sidewall in the Pond, and both the Pond and Stilling Basin were observed to have significant erosion gullies formed downstream of the BMPs' pipe outfalls with sediment discharging to waters of the state from these outfalls. The Regulated Party has not operated and maintained the Pond or the Stilling Basin in a manner so as to reduce the discharge of pollutants to the maximum extent practicable. 3) Inspect, at minimum, 20% of the MS4 Outfalls, sediment basins and ponds each year on a rotating basis, during the effective period of this permit. On December 11, 2008, MPCA asked the Regulated Party to submit inspection records for the Pond and Stilling Basin. The Regulated Party did not submit inspection records for the outfalls, sediment basins, and ponds that comprise these specific BMPs. The Regulated Party submitted instead inspection records only for sumps located near the Pond and Stilling Basin on March 13, 2009. MPCA's investigation indicated that the Regulated Party had not conducted regular inspections of the Pond. 5) Based on your inspection, determine if repair, replacement, or maintenance measures are necessary for proper operation and to prevent environmental impacts such as erosion. The necessary measures shall be completed as soon as possible, usually during the same year as the inspection. When this is not practicable, the reasons and a schedule for completion shall be submitted in the annual report. The Regulated Party did not adequately inspect the facilities to determine if repair, replacement, or maintenance measures were necessary for proper operation and to prevent environmental impacts. The MPCA conducted a file review on December 23, 2008, of the Regulated Party's prior annual report submittals from years 2003-2007. The Regulated Party did not submit a schedule for completion of the necessary repairs in prior year's annual reports. 6) Summarize the results of all inspections in the annual report. Keep records on the dates of inspection and responses to the inspections, including the date of completion of repairs and major additional protection measures. 7) Keep records of inspection results, including as appropriate, the date, antecedent weather conditions, sediment storage and capacity remaining, and any maintenance performed or recommended. After two years of inspections, if patterns of maintenance become apparent, the frequency of inspections may be adjusted. If maintenance or sediment removal is required as a result of each of the first two annual inspections, the frequency of inspection shall be increased to at least two (2) times annually, or more frequently as needed to prevent carry-over or washout of pollutants from the structures and maximize pollutant removal. If maintenance or sediment removal is not required as a result of both of the first two (2) annual inspections, the frequency may be reduced to once every two (2) years. The MPCA conducted a file review on December 23, 2008, of the Regulated Party's prior annual report submittals for years 2003 - 2007. The MPCA asked for specific inspection records for the Water Body and the Stilling Basin on December 11, 2008. The Regulated Party failed to keep records on the dates of inspection and responses to the inspections for the Pond and Stilling Basin, including the date of completion of repairs and major additional protection measures, or sediment storage and capacity remaining, and any maintenance performed or recommended from such inspections. Part 7. REGULATED PARTY REQUIREMENTS. The Regulated Party agrees to the following requirements: The Regulated Party shall submit the following to the MPCA for its review and approval: 1. An inventory of all stormwater treatment BMPs comprising the Regulated Party's MS4 by July 15, 2010. At a minimum, the inventory of stormwater ponds and basins shall include the following information for each: a. the location of(X, Y coordinates) and, b. unique identification number for each; c. the size (for ponds or basins, surface area in acres); and d. outfall locations (X, Y coordinates) where each pond discharges to waters of the state and; 2. By March 15, 2010, a detailed plan for maintaining the Regulated Party's stormwater BMPs as inventoried in Part 7(1), above. The plan shall include at a minimum the following elements: a. Regular inspections of all stormwater BMPs encompassing the elements of inspections and repairs as outlined in the MS4 Permit at Part V, Section G.6.b., subparts 1-7; and b. Procedures to gather the information required to assess the treatment effectiveness of the Regulated Party's stormwater basins and ponds as described in The Minnesota Stormwater Manual Appendix N: Three Tiered BMP Performance Range for Total Suspended Solids ("TSS") and Total Phosphorous ("TP"), which includes the following components: 1) Calculation of the water quality volume for the area draining to the stormwater basin/pond which includes the total area, soil types and land uses as they relate to runoff volumes and the percent impervious cover; 2) For stormwater ponds, the actual pond volumes including both the permanent pool volume and water quality volume based on the pond geometry and ponds' inlet, outlet(invert) and overflow spillway elevations; 3) Whether the inlets and outlets to stormwater ponds are pipes or open channels and, if the inlet and/or outlet is a pipe, the diameter of such pipe; 4) Whether the BMP is an on-line or off-line pond as described in The Minnesota Stormwater Manual; 5) The path stormwater flows through a pond with respect to the distance and position of the pond inlet(s) and outlet(s); 6) Whether there is a forebay at the inlet to the stormwater pond; 7) The percentage of the pond's permanent pool surface area regularly covered by aquatic vegetation; 8) Determine whether the pond is a single or multiple pond design; 9) Determine whether the pond intersects the local ground water table; and, 3. A schedule for implementing the maintenance plan described in Part 7(2), above, no later than May 15, 2010; and 4. A plan to repair the existing failed stormwater BMPs, the Pond and Stilling Basin, such that safe conveyance of discharges from their outlets to Purgatory Creek and the Minnesota River is achieved, to be submitted within sixty days of the effective date of this Schedule; and 5. A plan to restore stormwater treatment from the Regulated Party's MS4 to the Minnesota River with a BMP, or a combination of BMPs, designed to treat stormwater runoff from the equivalent of 19.25 acres of existing impervious surface in accordance with the design standards as outlined in Part III, Section C., of the Minnesota Construction Stormwater Permit, Permit No. MN R100001 to be submitted within one year from the date of execution of this Schedule. Upon approval by the MPCA of the inventory,plans, schedules, and other submittals required by this Part, they shall become enforceable parts of this Schedule and the Regulated Party shall implement each requirement and term in those items as described. Part 8.PENALTIES FOR VIOLATIONS OF THIS SCHEDULE. a. If the Regulated Party fails to comply with any of the requirements of Part 7 of this Schedule, including any plans and schedules that have been incorporated into this Schedule and made enforceable by the MPCA's approval, the Regulated Party shall pay to the MPCA a penalty in the amount of$250 per requirement for each day of failure. b. Penalties for failure to comply with requirements of Part 7 of this Schedule shall accrue from the date the Regulated Party was to have fulfilled the requirement until the Regulated Party fulfills the requirement. Penalties shall not accrue while the MPCA considers a timely extension request under Part 13 or during dispute resolution under Part 11,unless the MPCA determines that the Regulated Party filed the request or initiated dispute resolution solely for purposes of delay. If the Regulated Party does not pursue dispute resolution under Part 11 for denial of a timely extension request,penalties shall accrue from the date the extension request is denied by the MPCA Case Contact. If the Regulated Party pursues dispute resolution for denial of an extension request and does not file a timely challenge in a court of competent jurisdiction as provided by Part 11, penalties shall accrue from the date of a Commissioner's dispute resolution decision against the Regulated Party until the Regulated Party fulfills the requirement that is the subject of the extension request. c. The Regulated Party shall pay a penalty under this Part within thirty days after receiving written notice from the MPCA that the penalty is due. The written notice shall specify the provision of the Schedule that the Regulated Party has not fulfilled and indicate the date penalties began to accrue. If the Regulated Party fails to make timely payment, the MPCA may assess and the Regulated Party agrees to pay a late payment charge, in addition to the stipulated penalty, to be assessed as follows. Forty-five days after receipt of written notice, the Regulated Party shall be obligated to pay a late charge in an amount equal to ten percent of the unpaid stipulated penalty. Sixty days after receipt of written notice, the Regulated Party shall be obligated to pay an additional late charge in an amount equal to twenty percent of the unpaid stipulated penalty. d. In dispute resolution before the Commissioner under Part 11, the Regulated Party can contest the factual basis for the MPCA's determination that the Regulated Party has not fulfilled a requirement of this Schedule covered by this Part. However, the Regulated Party waives its right to challenge, on legal grounds, the requirement that it pay penalties under this Part. e. The Regulated Party shall not be liable for payment of penalties for failure to comply with requirements of Part 7 of this Schedule covered by this Part if it has submitted to the MPCA a timely request for an extension of schedule under Part 13 and the MPCA has granted the request. The MPCA's grant of an extension of schedule waives the payment of penalties covered by this Part only on the requirements for which the MPCA granted an extension of schedule and only for the time period specified by the MPCA in the grant of an extension. An extension of schedule for one requirement of Part 7 does not extend the schedule for any other requirement of Part 7. f. Any requirement of this Schedule may be enforced as provided in Minn. Stat. § 115.071. Payment of a stipulated penalty does not relieve the Regulated Party of its obligation to fulfill and complete requirements under the Schedule and to otherwise comply with the terms and conditions of the Schedule. Part 9. COVENANT NOT TO SUE AND RESERVATION OF REMEDIES.With respect to the Regulated Party, the MPCA agrees not to exercise any administrative, legal or equitable remedies available to the MPCA to address the violations alleged and described in Part 6 and in the December 11, 2008, Alleged Violations Letter issued to the Regulated Party as long as the Regulated Party performs according to and has complied with the terms and conditions contained in this Schedule. The MPCA reserves the right to enforce this Schedule or take any action authorized by law, if the Regulated Party fails to comply with the terms and conditions of this Schedule. Further, the MPCA reserves the right to seek to enjoin violations of this Schedule and to exercise its emergency powers pursuant to Minn. Stat. § 116.1 l in the event conditions or the Regulated Party's conduct warrant such action. Nothing in this Schedule shall prevent the MPCA from exercising these rights and nothing in this Schedule constitutes a waiver of these rights. The Regulated Party agrees to waive all claims it may now have, as of the effective date of this Schedule,under Minn. Stat. § 15.472 for fees and expenses arising out of matters leading up to and addressed in this Schedule. Part 10. REPEAT VIOLATIONS. Federal and state environmental programs establish harsher penalties for violations of environmental laws or rules that constitute repeat violations. In a proceeding to resolve alleged violations by the Regulated Party, if any, occurring after the date of the alleged violations set out in Part 6 of this Schedule, the Regulated Party may argue about the extent to which the violations alleged in Part 6 of this Schedule should affect the penalty amount for the later violations, but waives the right: (1) to contend that the violations alleged in Part 6 of this Schedule did not occur as alleged and(2)to require the MPCA to prove the violations alleged in Part 6 of this Schedule. Part 11. RESOLUTION OF DISPUTES. The parties to this Schedule shall resolve disputes that arise as to any part of the Schedule as follows: a. Either party, acting through its Case Contact(as defined in Part 14 below), may initiate dispute resolution by providing to the Case Contact of the other party an initial written statement setting forth the matter in dispute, the position of the party, and the information the party is relying upon to support its position. The other party, acting through its Case Contact, shall provide a written statement of its position and supporting information to the case contact of the initiating party within fourteen calendar days after receipt of the initial written statement. b. If the parties, acting through their Case Contacts, do not reach a resolution of the dispute and reduce such resolution to writing in a form agreed upon by the parties within twenty- one calendar days after the initiating party receives the statement of position from the responding party, the Commissioner shall issue a written decision resolving the dispute. The written decision may address stipulated penalties assessed pursuant to Part 8. The Commissioner's decision shall be considered a final decision of the MPCA for purposes of judicial review. c. The Commissioner's decision shall become an integral and enforceable part of this Schedule unless the Regulated Party timely challenges the decision in a court of competent jurisdiction. Failure to timely challenge means the Regulated Party agrees to comply with the MPCA Commissioner's decision on the matter in dispute and to pay any penalties that accrue pursuant to Part 8 for failure to fulfill requirements of this Schedule that are the subject of the dispute resolution. Further, if the Commissioner's decision assesses penalties pursuant to Part 8 of this Schedule, the Regulated Party agrees to and shall pay the amount of penalty determined by the Commissioner within sixty days after receiving the Commissioner's decision. d. Throughout any dispute resolution, the Regulated Party shall comply with all portions of the Schedule that the MPCA determines are not in dispute. Part 12. VENUE.Actions brought by the MPCA to enforce requirements and terms of this Schedule shall be venued in Ramsey County District Court. Part 13. EXTENSION OF SCHEDULES. If the Regulated Party wants an extension of a deadline included in a schedule set out in Part 7, the Regulated Party must request the extension in writing at least ten days before the scheduled deadline, or as soon as possible before that date if the reason for the extension request arises less than ten days before the deadline. Each deadline extension request shall separately specify the reason why the extension is needed. No requested extension shall be effective until approved in writing by the MPCA, acting through the MPCA Case Contact or the Commissioner. The MPCA shall grant an extension only for the period of time the MPCA determines is reasonable under the circumstances. The written approval or grant of an extension request shall be considered an enforceable part of the Schedule. The Regulated Party has the burden of demonstrating to the satisfaction of the MPCA that the request for the extension is timely, and that good cause exists for granting the extension. Good cause can include, but is not limited to, the following: a. Circumstances beyond the reasonable control of the Regulated Party. b. Delays caused by the MPCA in reviewing timely submittals required by this Schedule, the Regulated Party submitted in complete and approvable form, which make it not feasible for the Regulated Party to meet the required schedules. Good cause does not include unanticipated costs, increases in the cost of control equipment, or delays in MPCA review of submittals when the submittals are not in complete and approvable form. The Regulated Party may challenge a decision by the MPCA to deny a request for an extension under Part 11. Part 14. CASE CONTACT. The MPCA and the Regulated Party shall each designate a Case Contact for the purpose of overseeing the implementation of this Schedule. The MPCA's Case Contact is Amy Garcia. The address and telephone number of the MPCA's Case Contact is: Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155, 651-757-2377. The Regulated Party's Case Contact is Leslie Stovring. The address and telephone number of the Regulated Party's Case Contact is: Eden Prairie MS4, 8080 Mitchell Rd., Eden Prairie, MN 55344, 952-949-8327. Either party may change its designated Case Contact by notifying the other party in writing, within five days of the change. To the extent possible, communications between the Regulated Party and the MPCA concerning the terms and conditions of this Schedule shall be directed through the Case Contacts. Part 15. REGULATED PARTY INFORMATION. The Regulated Party shall not knowingly make any false statement, representation or certification in any record, report, plan or other document filed or required to be submitted to the MPCA under this Schedule. The Regulated Party shall immediately upon discovery report to the MPCA any errors in such record, report, plan or other document. Part 16. REVIEW OF SUBMITTALS. The MPCA, acting through its Commissioner, Case Contact, or other designated MPCA staff, shall review all submittals made by the Regulated Party as required by this Schedule and shall notify the Regulated Party in writing of the approval or disapproval of each submittal, if applicable, within thirty days of receipt. The MPCA and the Regulated Party shall consult with each other upon the request of either party during the review of submittals or modifications. If any submittal is disapproved in whole or in part, the MPCA Commissioner or designated MPCA staff shall notify the Regulated Party of the specific inadequacies and shall indicate the necessary amendments or reviews. Within fifteen calendar days after receipt of any notice of disapproval, the Regulated Party shall submit revisions and take actions to correct the inadequacies. Part 17. ACCESS. During the term of this Schedule, the Regulated Party agrees to provide the MPCA and its staff access to the BMP and its records and documents related to the implementation of this Schedule to the extent provided under Minn. Stat. § 116.091 or other law, conditioned only upon the presentation of credentials. Part 18. SAMPLING AND DATA AVAILABILITY. The Regulated Party shall make available to the MPCA the results of any sampling, tests, or other data generated by the Regulated Party, or on its behalf, to implement the requirements of this Schedule. Part 19. RETENTION OF RECORDS. The Regulated Party shall retain in its possession all records, documents, reports and data related to this Schedule. The Regulated Party shall preserve these records, documents, reports and data for a minimum of three years after the termination of this Schedule despite any document retention policy of the Regulated Party to the contrary, and shall promptly make all such documentation available for review upon request by the MPCA. Part 20. APPLICABLE LAWS AND PERMITS. The Regulated Party shall undertake all actions required to be taken pursuant to this Schedule in accordance with the requirements of all applicable state and federal laws and regulations. Except when the MPCA has specified and authorized a different compliance method in Part 7, the Regulated Party must also comply with all applicable permits, orders, stipulation Schedules and schedules of compliance. Nothing in this Schedule exempts or relieves the Regulated Party of its obligation to comply with local governmental requirements. Part 21. OTHER CLAIMS.Nothing herein shall release the Regulated Party from any claims, causes of action or demands in law or equity by any person, firm, partnership or corporation not a signatory to this Schedule for any liability it may have arising out of or relating to the release of any pollutant or contaminant from its operations, including those authorized or required under the MS4 Permit. Neither the Regulated Party nor the MPCA shall be held as a party to any contract entered into by the other party to implement the requirements of this Schedule. Part 22. LIABILITIES. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. § 3.732, et seq., and other applicable law. The Regulated Party's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466, and other applicable law. Part 23. SUCCESSORS,AGENTS AND CONTRACTORS. This Schedule shall be binding upon the Regulated Party and its successors and assigns and upon the MPCA, its successors and assigns. If the Regulated Party sells or otherwise conveys or assigns any of its right, title or interest in the MS4, the conveyance shall not release the Regulated Party from any obligation imposed by this Schedule, unless the party to whom the right, title or interest has been transferred or assigned agrees in writing to fulfill the obligations of this Schedule and the MPCA approves the transfer or assignment. The Regulated Party shall ensure that the Regulated Party's agents, contractors and subsidiaries comply with the terms and conditions of this Schedule. Part 24. AMENDMENTS. Except with respect to extensions of schedules granted under Part 13 and approved submittals under Part 16, this Schedule may be amended only by written Schedule between the parties. Part 25. EFFECTIVE DATE. This Schedule shall be effective on the date it is signed by the MPCA. Part 26. TERMINATION. The provisions of this Schedule shall be deemed satisfied and terminated when the Regulated Party receives written notice from the MPCA that the Regulated Party has demonstrated, to the satisfaction of the MPCA, that all terms of the Schedule have been completed. Part 27. SURVIVAL. The provisions of Parts 2, 9, 10, 15, 18, 19, 20, 21, 22, 23, and 27 of this Schedule and the rights, duties and obligations of the MPCA and the Regulated Party created in those provisions shall survive termination of this Schedule. BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT CITY OF EDEN PRAIRIE STATE OF MINNESOTA POLLUTION CONTROL AGENCY By: By: Donald L. Jakes, Manager Name: Phil Young Stormwater Section Municipal Division Title: Mayor Date: Date: By: Name: Scott H. Neal Title: City Manager Date: AG:#2568906-v1 CITY COUNCIL AGENDA DATE: SECTION: Consent January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director, Engineering and Landscape Architect Parks and Recreation Professional Services Agreement for the Rice Marsh Lake Trail Connection Requested Action Move to: Approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the Rice Marsh Lake Trail Connection. Synopsis This agreement provides for the design and preparation of construction documents necessary to bid and construct the Rice Marsh Lake Trail Connection. This trail segment is 3500 linear feet. The trail is planned to pass under Highway 212 and connect additional trails to the north and south of the highway. The agreement specifies a not to exceed cost of$61,500. Funding for the project would come from the 2005 Park Bond Funds. Background This is a vital connection to link trails along Riley Lake Road to Rice Marsh Lake Park and the trail around Rice Marsh Lake. Discussions and preliminary planning continues to occur with City of Chanhassen staff to discuss a future link between Eden Prairie and Chanhassen. The 2005 Bond Referendum identified money for the construction of missing trail connections. The funds for this project would come from the 2005 Park Bond Funds. Attachment Professional Services Agreement Trail Location Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 19th day of January, 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 (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 Landscape Architect and Engineering services by Consultant for the design of the Rice Marsh Lake Trail 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 January 19th, 2010 through December 1st, 2010, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 61,500.00 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: 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 1 Rev. 03-21-2008 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 to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 2 Rev. 03-21-2008 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota 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. 3 Rev. 03-21-2008 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 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 4 Rev. 03-21-2008 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 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 5 Rev. 03-21-2008 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 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 6 Rev. 03-21-2008 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 renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 7 Rev. 03-21-2008 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 -70 1 Engineering Surveying Landscape Architecture December 30, 2009 Mr.Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Rice Marsh Lake Trail Dear Jay, As requested, the following estimate for engineering and surveying services are provided for your consideration for the design of approximately 3500 linear feet of trail including the TH 212 crossing,creek crossing,and extension to Rice Marsh Lake Park. Estimate Scope of Service $20,000.00 Existing Conditions Survey,Wetland Delineation and Soil Borings, Existing conditions survey will be based on City L1DAR and G1S data, utility locates,record drawings, and field location of significant trees,fence,and structures, Includes boundary computations,wetland delineation by Kjolhaug Environmental Services,and two soil borings by Braun Intertec for footing design. $37,000.00 Design,Construction Documents, and Cost Estimate, Includes preliminary design and cost estimate,preparation of plan and profile drawings,bridge footing design by Clark Engineering,Stormwater Pollution Prevention Plan(SWPPP) including additional SMIP's for impaired waters, specifications,engineers estimate,and permit applications to MnDOT,Watershed 7510 Market Place Drive District,and MPCA. Assumes that TH 212 Eden Prairie,MN 55344 crossing will be at existing bridge,bridge 952-829-0700 for creek crossing will be a prefabricated 952-829-7806 tax steel bridge,stormwater treatment will be 3lAmillpo.com accomplished through grassed wales and rain gardens,and that wetland fill/mitigation will not be required. Lotthannnier/Johnson December 30, 2009 Page 2 $ 1,500.00 Easement Document. Includes preparation of legal description and plan exhibit for MnDOT agreement. $ 1,500.00 Bid Administration. $ 1,500.00 Reimbursables $61,500.00 TOTAL 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 Pe[linen Olson, Inc. Jj ill, l/. :9h,.rti�_ 2 Laurie A.Johnson,P.E. Principal RILEY CREEK - RICE MARSH LAKE PARK TRAIL CONNECTION 40vT- SPRUCETRL., \S h---- C I \ C RR FRRO• cc w DOVE CT i a Z co cc cc Oa OaMD CT FIRETH RN P .,...0 F s 1T<TABA p��1 ev �I I0 i 441 41i, U W - .., W N Rice Marsh Lake 1 Rice Marsh Lake Park 1 1 1 4 I } r- ... . . .. - - ' BRIDGE • • • 9 • tom. ♦ LI NII1W iiii III iip \Riley Creek Air _ ■--tr- aii 111 • lalil Arm Legend tal --Ar Proposed Trail EDEN 0 125 250 500 Existing Trails PRAIRIE Feet CITY COUNCIL AGENDA DATE: SECTION: Consent January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Jay Lotthammer, Director, Engineering and Landscape Architect Parks and Recreation Professional Services Agreement for the Staring Lake Trail Connection Requested Action Move to: Approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the Staring Lake Trail Connection. Synopsis This agreement provides for the design and preparation of construction documents necessary to bid and construct the Staring Lake Park Spur Trail Connection. This trail segment is 3100 linear feet and connects neighborhoods on the east of Flying Cloud Drive to the network of trails around and associated with Staring Lake Park. The agreement specifies a not to exceed cost of $30,500. Funding for the project would come from the 2005 Park Bond Funds. Background This segment provides a safe off-road connection for neighborhoods on both sides of Flying Cloud Drive. It also allows users to access the network of trails around and associated with Staring Lake and the many trails located on the East side of Flying Cloud Drive. The trail would run from the existing Staring Lake loop trail,pass under the bridge at Flying Cloud Drive and connect to Creek Knoll Road. This trail was originally proposed several years ago as a part of the Staring Lake Outlet Project contemplated by the Riley Purgatory Creek Watershed District. The emergency water outlet portion of the project was discontinued by the watershed district; however, the viability and need for the trail portion continues to exist. The 2005 Bond Referendum identified money for trail connections. The funds for this project would come from the 2005 Parks Bond Funds. Attachment Professional Services Agreement Trail Location Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 19th day of January, 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 (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 Landscape Architect and Engineering services by Consultant for the design of the Staring Lake Trail Connection 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 January 19th, 2010 through December 1st 2010, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 30,500.00 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: 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 1 Rev. 03-21-2008 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 to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 2 Rev. 03-21-2008 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota 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. 3 Rev. 03-21-2008 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 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 4 Rev. 03-21-2008 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 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 5 Rev. 03-21-2008 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 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 6 Rev. 03-21-2008 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 renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 7 Rev. 03-21-2008 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 11-7 i j Engineering Surveying -7) -I-) Landscape Architecture January 8,2010 Mr.Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Staring Lake Trail Eden Prairie,MN Dear Jay, As requested, the following estimate for engineering and surveying services are provided for your consideration for updating and completing the construction documents based on plans prepared by Barr Engineering Company for approximately 3100 linear feet of trail from Staring Lake to Sunny Brook Drive/Creek Knoll Road. Estimate Scope of Service $7,500.00 Wetland Delineation and Verification of Existing Conditions. Includes update of tree sizes and utility locates,and wetland delineation by Kjolhaug Environmental Services. $19,000.00 Construction Documents. Includes review of existing trail design, preparation of Storm}water Pollution Prevention Plan (SWPPP),signing plan,specifications, engineers estimate,and coordination with/permit applications to County, Watershed District,and MPCA. Assumes that Barr Engineering plans will he provided in AutoCAD format,and that 7510 Market Place Drive revisions to the trail alignment and wetland Eden Prairie, MN 55344 fill/mitigation will not be required. 952-829-0700 962.829-7806 fax www.htpo.com Lotthammer/Johnson January 8,2010 Page 2 S1,000.00 Easement Document. Includes preparation of legal description and plan exhibit for required easement(s)from Hennepin Technical College. $1,500.00 Bid Administration. $1,500.00 Reimbursables $30,500.00 TOTAL 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. ?-j)-7-2af Laurie A.Johnson, P.E. Principal STARING LAKE SPUR TRAIL uu v/ a . Staring Lake Hennepin Vo-Tech ) ,c3 RRo Roo 1 Ilk ♦ I n • ft.. • • co / 2 \ • ♦ 6 ss F • • I Staring Lake Park • 013 cr \V_______f Cummins Grill House --):D 73 aiRpoRrSFRV/c�RD �,P z rr / / .- -----I —r77 Cfjj J L O �— O_I CO KT( N LegendRI Proposed Trail EDEN 0 135 270 540 Existing Trails PRAIRIE 1 I Feet CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 19, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Office of the City Manager/ Approve Contract with Advanced Finance, Sue Kotchevar Engineering and Environmental Services, Inc. Requested Action Move to: • Approve Contract with Advanced Engineering and Environmental Services, Inc. in the amount of$70,447 for a utility rate analysis for water, sanitary sewer, and storm drainage Synopsis Staff requested proposals from two firms, Springsted and Advanced Engineering and Environmental Services, Inc., to conduct a utility rate study. The goals/tasks of the study include the following: • A high level engineering review of the status of the infrastructure to determine appropriate amounts to collect for the capital needs of the system • Preparation of budget projections • Analysis of the current rate structure and evaluation of the need for rate adjustments based on budget projections • Possible recommendation(s) of a different rate design if it would better meet the needs of citizens and the utility system • Review of irrigation cost demand on the system and analysis to determine if irrigation demand is paid by customers who irrigate • Recommendation of reserve policies to ensure the utility is prepared to meet capital, contingency and other needs. The proposal includes separate meetings with the Budget Advisory Commission and the City Council. Finance and Public Works staff conducted interviews with both firms. Staff recommends Advanced Engineering and Environmental Services, Inc. for the study. Advanced Engineering and Environmental Services, Inc proposal is $13,423 more than Springsted but the additional cost is warranted due to the more detailed review of the utility systems assets and future expense analysis. This is an important component of the study to determine that the City is properly planning for the future. Attachment Contract Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 19th day of January, 2010_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc. a Minnesota Corportation hereinafter "Consultant") whose business address is 6901 E Fish Lake Road, Suite 184 Maple Grove, MN 55369 . 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 User rates analysis for water, sanitary sewer, and storm drainage 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" (Request for Proposals_) and Exhibit "B" (Letter from Advanced Engineering and Environmental Services, Inc) 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 _01/19/2010 through 12/31/2010 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $70,447 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. p C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Grant Meyer and Nicole Cox_ to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 8-07-2009 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by 4 Rev. 8-07-2009 any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form C00001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 5 Rev. 8-07-2009 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not II 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 shall insure the defense and indemnityobligations Compensation Policies, 9 assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 8-07-2009 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 8-07-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 ii it CITY OF EDEN PRAIRIE REQUEST FOR PROPOSALS �'x k b�� Id FOR User Rates Analysis for Water, Sanitary Sewer,and Storm Drainage/Water Quality November 23,2009 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Sue Kotchevar Chief Financial Officer Phone: (952)949-8386 Fax: (952)949-8383 skotchevar@edenprairie.org www.edenprairie.org jl CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL To Prospective Proposers' for User Rates Analysis for Water, Sanitary Sewer, and Storm Drainage/Water Quality: The City of Eden Prairie is requesting proposals from qualified firms to conduct a User Rates Analysis for Water, Sanitary Sewer, and Storm Drainage/Water Quality. The City reserves the right to accept or reject any and all proposals. The City reserves the right to award the contract in whole or in part. The City also reserves the right to retain all proposals submitted and use any ideas in a proposal regardless of whether that proposal is selected. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Information about the City can be obtained on our web site at www.edenprairie.org PROPOSAL SUBMISSION: Proposals must be submitted by 4:00 p.m. on December 10,2009 and addressed to: Sue Kotchevar Chief Financial Officer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 email: sotchevar@edenprairie.org PROPOSAL AND AWARD SCHEDULE: Due date for proposals 4:00 p.m.Friday,December 10, 2009 Staff Review/Interviews December 14-18, 2009 City Council Approval January 5, 2010(tentative) Three copies of each proposal are required. PROPOSAL EVALUATION AND SELECTION CRITERIA The contract will be awarded to the consultant that best meets the needs of the City provided the fee is reasonable and it is in the best interest of the City to accept it. City Staff will read, evaluate, interview and recommend to the City Council the consultant. In evaluating the proposals, the following criteria will be used: • Responsiveness of the proposal. • The ability, capacity and skill of the consultant to perform all required and desired services as stated in this RFP on a timely basis. • Responses of client references. • Demonstrated knowledge of water, sanitary sewer and storm drainage/water quality infrastructure rate analysis • • Interviews of the consultant. • Cost of the services provided. PROPOSAL REQUIREMENTS: For a proposing firm to be considered,three copies of the proposal shall include the following: • Title page showing the request for proposals' subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. • A signed letter of transmittal briefly stating the proposers understanding of the work to be done, the commitment to perform the work within the time period and a statement why the firm believes it to be best qualified to perform the engagement. • The body of the proposal shall provide the information that the consultant deems appropriate and compelling in approach,technique and similar experience to gain the contract. • Schedule of Professional Fees and Expenses. • No proposal may contain a limitation on liability except for exclusion of punitive damages. There is no expressed or implied obligation for the City of Eden Prairie to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. SELECTION PROCEDURE: Two firms are being invited to submit proposals—AE2S and Springsted. Proposals submitted will be evaluated by City Staff. Both firms will be invited to make oral presentations as part of the evaluation process.A Staff recommendation will be made to Council on January 5, 2010(tentative). PROJECT SCHEDULE: The City requests a draft report by March 15, 2010 with a final report tentatively in May, 2010. RESERVATIONS: The City reserves the right to reject any or all proposals submitted. The City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted. PROFESSIONAL SERVICES AGREEMENT The successful proposer will enter into a Professional Services Agreement substantially in form and substance as attached hereto,which will be on an hourly basis with a not to exceed amount RETENTION AND ACCESS TO WORKING PAPERS: All working papers and reports must be retained, at the consultant's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of the need to extend the retention period. The consultant will be required to make working papers available,upon request. SCOPE OF WORK: 1. Gather and review background information—The consultant shall gather information on revenue, expenditures, users by classification,present and future system utilization,past and projected debt service cost, capital improvement costs, and other data needed to review and develop rates and charges for utilities. 2. Literature search and best practices evaluation—The consultant shall perform a literature search/best practices evaluation for the following: a. The Eden Prairie utility systems are relatively new and as such have not generated sufficient historical data to predict the timing and extent of major repairs and replacement. This element shall include a search of records to identify two or three comparable Midwestern, cold region cities that are more than 20 years"older"than Eden Prairie and solicit their data and input on schedules and cost for major maintenance and replacement of primary utility elements. The consultant is encouraged to identify an alternative approach as part of the proposal that creates another best method to determine future capital maintenance expenditures. b. Eden Prairie currently has a two tiered rate structure for water that is intended to capture the irrigation component of sales at a higher rate. This element includes a literature search to identify two or three Midwestern, cold region cities that have experience in modifying water rate structures in a way that results in a reduction in irrigation demand. Through an interview process with these communities,the consultant shall evaluate the relationship of cost and demand and provide pricing sensitivity recommendations to achieve a higher level of conservation/stewardship. c. The City currently bills commercial accounts monthly and residential accounts quarterly. The study shall evaluate the advantages,disadvantages, and cost impacts of moving all accounts to monthly billings. ............... . d. The City does not currently have a street lighting fee,but may consider one in the future. For comparative purposes,the study shall include a review of prevailing street lighting rates of representative communities larger than 20,000 population in the 7 county metropolitan area, including the basis of the fee—such as direct costs, overhead,etc. It is not intended that the study will develop a rate for street lighting for the City,but rather gather information only. 3. Analyze existing rate structure—Review current rates, determine allocation of revenues by customer class, develop budget projections, and evaluate the need for rate adjustments to meet budget requirements. 4. Determine cost of service—The costs associated with providing these services shall be analyzed and distributed to the various classes of users. Distribution of cost to each class represents the allocation of revenue expected from each class of user. A comparison of costs generated by different user classes compared to revenue received from each class will determine if the existing structure is equitable. 5. Develop a rate structure for each utility—The goal is to provide sufficient revenue to each utility for current and future operations by modifying the existing rates as needed to fairly distribute the costs of service among the different users. This shall take into account the water conservation rate structure required by law as well. The consultant shall provide a range of alternative rate structures along with an analysis and rationale for each. Presently,the City does not include capital costs or debt service in setting unit rates for water and sanitary sewer. A discussion on how to incorporate capital spending into the billing process will be a critical element of the study. 6. Reserve amounts—Based on the suggested rate structures,develop a recommendation for an appropriate level of reserve amounts, including an analysis of the basis of the recommendation. 7. Report preparation—The information gathered in the previous tasks shall be presented in a written report. A draft preliminary report detailing results of the studies shall be prepared. City staff shall review the draft report and a final report shall be prepared with the City's input. The report is expected to be in a format that states conclusions first and then provides supporting succinct information using headings,bullet points,tables and graphs—all to the specific exclusion of rambling prose. 8. Meetings—The consultant shall indicate a base number of meetings expected to convey the information in the report and fully develop the final draft. Additionally,the consultant shall provide a team rate for additional meetings at an hourly rate for additional meetings with staff as may be required. The consultant shall include in the fee for the project two workshop meetings of approximately 2 hours in length—one with the City's Budget Advisory Commission and one with the City Council. These two workshops will be upon completion of the final draft of the report and require the preparation/use of a powerpoint presentation. City Contribution and Involvement The City will provide the historical rates by rate class, consumption and revenues for each utility. Expenditures by utility will also be provided,but is not available by customer class. Upon request,the City will provide other data that is already assembled that the proposer feels would be useful in the analysis. November,2009 ! NON-COLLUSION AFFIDAVIT STATE OF MINNESOTA ) ) s s COUNTY OF ) ,of lawful age,being first duly sworn,on oath says: (1) He/She is the duly authorized agent of , the bank submitting the proposal which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among other entities submitting proposals and between those entities and city officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the proposal to which this statement is attached; (2) He/She is fully aware of the facts and circumstances surrounding the making of the proposal to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such proposal;and (3) Neither the entity submitting this proposal nor anyone subject to the entity's direction or control has been a party: a. to any collusion among other entities submitting proposals in restraint of freedom of competition by agreement to make a proposal at a fixed price or to refrain from submitting a proposal, b. to any collusion with any city official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract,nor c. in any discussions between banks submitting proposals and any city official concerning exchange of money or other thing of value for special consideration of the letting of a contract. Signature Subscribed and sworn to before me this day of ,2009. Notary Public Commission Expiration www.ae2s . com January 4,2010 ,1 3(t)'10i1" Ms. Sue Kotchevar Chief Financial Officer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Revisions to User Rate Analysis Proposal Scope City of Eden Prairie,Minnesota Dear Ms.Kotchevar: On behalf of the AE2S project team,we appreciated the opportunity to meet with you,Mr.Dietz,and Mr. Whalen on Thursday,December 17th to discuss the City of Eden Prairie User Rate Analysis project. Based on those discussions and subsequent direction provided by your team,we have revised our proposed scope of services to more accurately reflect your vision for the project. This letter outlines the primary modifications to the originally proposed scope of services and provides general explanation of the scope adjustments. Attached please find the revised scope and fee worksheet, which corresponds closely the worksheet provided with the original proposal, dated December 10,2009. The proposed scope adjustments,by Task,are as follows: Task 1—Gather and Review Background Information No proposed adjustments. Task 2—Literature Search and Best Practices Evaluation(including system specific capital improvement planning analysis' No proposed adjustments. Task 3—Analyze Existing Rate Structure Task 3 was removed as an individual task,but each of the scope items has been relocated. Items 3.1 and 3.4 were specifically related to both existing and proposed utility rates. Those two (2)items will be addressed under Task 5-Rate Design. Items 3.2 and 3.3 will be fully addressed under Task 6—Revenue Adequacy. Advanced Engineering and Environmental Services, Inc. 6901 East Fish Lake Road Suite 184 0 Water Tower Place Business Center. Maple Grove, MN 55369-5457 Ms. Sue Kotchevar Chief Financial Officer RE: Revisions to User Rate Analysis Proposal Scope City of Eden Prairie,Minnesota January 4,2010 Page 2 of 4 Task 4—Cost of Service Analysis The original proposed Cost of Service Analysis(COSA) included the comprehensive analysis of the expenses:and revenues,by customer user class,for each of the three(3)utilities;water, sanitary sewer, and storm drainage. The initial scope provided for detailed analysis of each utility budget and the assignment of specific costs(or portions of costs)to the unique user classes through functionalization, classification,-and allocation for the water and sanitary sewer utilities,and a similar methodology for the storm drainage utility. The results of cost allocations would have been compared to the revenue collected from each of the corresponding user classes to determine any inequities between the cost/revenue for any of the City's customer user classes. The COSA would have served as the basis for recommended adjustments to the existing rate structure. The COSA, as originally proposed,was significantly modified from the original scope. COSA for the water utility was adjusted to focus exclusively on the peak water demands (irrigation) for the utility, and COSA for the sanitary sewer and storm drainage utilities was entirely removed from the proposed scope. The City of Eden Prairie does not currently charge different rates for water or sanitary sewer service based on customer class,and differentiates only based on land use type and acreage for storm drainage fees. Because of the relatively homogeneous make-up of the City's customer user classes and the absence of a large industries or consecutive users,there is likely limited benefit to a comprehensive COSA for the City of Eden Prairie at this time. Should the City's position regarding differential rates for customer user classes change in the future, COSA could be completed and integrated into the utility rate study. The final report for this User Rates Analysis will likely include recommendations for data collection and considerations regarding a future COSA component to the study. Although the comprehensive COSA for all three(3)utilities was omitted from the original scope,the revised scope of services was adjusted to include provisions for limited cost of service analysis within the water utility for determination of the costs associated with accommodating peak water demands. Meeting maximum day water demands has significant financial implications for the City's water utility. In addition to the increased energy(treatment and pumping),chemical costs,and operation and maintenance (O&M) associated with increased demands; annual capital improvement costs escalate to provide adequate system capacity through the construction of new infrastructure and more frequent refurbishment of the existing system components. The revised Task 4 will include the identification of costs associated with providing maximum day water demands in comparison to the average day water demands,to address the"cost of irrigation"for the City of Eden Prairie. In accordance with the City's existing rate philosophy,it is anticipated that the costs will be presented with respect to the entire water utility system,but not allocated to individual customer user classes. Task 5—Rate Design Task 5—Rate Design was revised to include evaluation of the existing rate structure,as previously included under Task 3,but was reduced overall primarily as a result for the omitted COSA analysis. Since COSA will not be completed under the revised scope, several of the individual task items which compared cost of service versus revenue percentages and development of rate structures reflective of the determined cost of service by user class will not be completed. Ms. Sue Kotchevar Chief Financial Officer RE: Revisions to User Rate Analysis Proposal Scope City of Eden Prairie,Minnesota January 4,2010 Page4of4 Task 5 will include evaluation and discussion of the existing rate structures for each of the three (3) utilities,comparison/contrast to other utility rate structures,and potential recommendation of adjustments to the rate structure for each of the three (3)utilities. The rate design analysis for the water utility will include consideration of the determined irrigation costs, as identified in Task 4. The existing and/or recommended rate structures for each of the three (3)utilities will be incorporated into the revenue adequacy analysis completed in Task 6. It is anticipated that any proposed rate structure modifications will follow the City's current philosophy of a consistent utility fee,without differentiation between customer user classes for the water and sewer utilities, and a land use/acreage model will be employed for the storm drainage utility. Task 6—Revenue Adequacy and Rate Adjustments Recommendations Task 6 reflects a minor reduction in hours to account for the omission of COSA considerations. Task 7—Report Preparation Task 7 reflects a minor reduction in report preparation hours to account for the reduced discussion of the COSA results in the final report. Task 8—Presentations Task 8 reflects a minor reduction in hours to account for the reduced COSA presentation. Summary The City of Eden Prairie is clearly committed to maintaining Water, Sanitary Sewer, and Storm Drainage Utilities that provide a high level of service for customers at rates that ensure self-sufficient, financially stable utilities. To that end, based on our understanding of your utilities and your vision for the this project, the proposed scope of services was revised to the provide a final product that responsibly addressed the issues currently facing the City of Eden Prairie's primary utilities. A summary of the proposed scope adjustments, and corresponding fee reduction, is provided in the following table: SCOPE/HOURS SCOPE/FEE Original Revised Difference Original Revised Difference General 26 26 0 $2,936 $2,936 $0 TASK 1 22 22 0 $2,370 $2,370 $0 TASK 2 202 202 0 $25,266 $25,266 $0 TASK 3 26 0 ` (26) $2,834 $0 ($2,834) TASK 4 184 45 (139) $21,268 $4,822 ($16,446) TASK 5 100 40 (60) $10,718 $4,159 ($6,559) TASK 6 124 119 (5) $12,512 $11,774 ($738) TASK 7 127 112 (15) $15,918 $14,448 ($1,470) TASK 8 38 33 (5) $5,132 $4,672; ($460) TOTAL 849 599 (250) $98,954 $70,447 ($28,507) Ms. Sue Kotchevar Chief Financial Officer RE: Revisions to User Rate Analysis Proposal Scope City of Eden Prairie,Minnesota January 4,2010 Page 4 of 4 In closing, we sincerely thank you for this opportunity. Should you have questions or comments regarding the modifications to the proposal or the project in general,please feel free to contact me. Sincerely, AE2S rant Meyer,P.E. Operations Manager p.s. Please call me at work at 763-463-5036 or on my cell phone at 763-567-3206 if you have any questions about this proposal. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 19, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Office of the City Manager/ Adopt Resolution Amending Fee Resolution Finance, Sue Kotchevar 2009-77 Requested Action Move to: Adopt the Resolution approving amendments to the Fee Resolution 2009-77. Synopsis The changes to the fee resolution are minor and had prior Council approval, but were inadvertently not included correctly in the 2010 Fee Resolution. Lawn Irrigation Restrictions Computed over a 3-year rolling time period ** Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $ 25.00 Second occurrence $ 50.00 Third occurrence $ 100.00 Fourth occurrence $200.00 Fifth&subsequent occurrences within a two $300.00 year-period Water Conservation Surcharge Residential customers are subject to water conservation surcharge of$1.00 per 1,000 gallons for usage exceeding 150% of winter quarter use or 36,000 gallons per quarter,whichever is greater,not to exceed$100.00. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AMENDING RESOLUTION NO. 2009-77, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie amends Fee Resolution No. 2009-77 as follows: Lawn Irrigation Restrictions Computed over a 3-year rolling time period ** Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $ 25.00 Second occurrence $ 50.00 Third occurrence $ 100.00 Fourth occurrence $200.00 Fifth&subsequent occurrences $300.00 Water Conservation Surcharge Residential customers are subject to water conservation surcharge of$1.00 per 1,000 gallons for usage exceeding 150%of winter quarter use or 36,000 gallons per quarter,whichever is greater. ADOPTED by the City Council of Eden Prairie this 18th day of January, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Jay Lotthammer, Director, Approve Purchase of Community Center Parks and Recreation Fitness Equipment Motion Move to: Approve the purchase of Community Center fitness equipment from Push, Pedal, Pull in the amount of$44,466.56. Synopsis Several fitness components continue to be used that were in place prior to the expansion of the Community Center. These components have deteriorated and are in need of replacement. Staff has worked with several vendors to identify and evaluate replacement options. The treadmills and adaptive motion trainers from Push, Pedal, Pull have been determined to be the best value and the best fit with the current equipment. Background Staff has developed a replacement schedule to insure that the fitness equipment at the Community Center is in good condition and remains in safe-working order. Funds have been budgeted on an annual basis for the purchase of new equipment. This purchase is within the amount budgeted for 2010. Staff is recommending approval of the purchase. Attachments Push, Pedal, Pull Proposal Fitness Equipment Photos pusH.pEDAL.puLL the exercise equipment experts 5108 Cedar Lake Rd St Louis Park MN 55416 * Phone 952-836-7162 * Fax 763-477-5186 IInvestment Recommendation I Terms: Net 30 Consultant: Carol Grahl Date 1/12/2010 Quote #: CG1009 Quoted/ Sold to: Ship to: Beth Witt Beth Witt Eden Prairie Community Center Eden Prairie Community Center 16700 Valley View Road 16700 Valley View Road Eden Prairie, MN 55346 Eden Prairie, MN 55346 Phone: 952-949-8447 Phone: 952-949-8447 Fax: 952-949-8492 Mfr Model Description Qty Unit Price Ext. Price 956 Precor C956i Experience Series Heavy Commercial Treadmill (120V, 5 $5,299.00 $26,495.00 Dedicated 20A) PRECO AMT Precor AMT100i Experience Series Adaptive Motion Trainer(Cordless) 3 $5,999.00 $17,997.00 R TRADE! Tradein ((3) Precor 966TM, (3) EFX556, (2) EFX546) 1 ($4,000.0 ($4,000.00) N 0) FRT Freight/Installation/Removal 1 $959.00 $959.00 Cardio Warranty: 4 Years Parts/4 Years Labor Standard Terms and Conditions: 1. 50%deposit and approved P.O.#with order. Balance due upon delivery. $41,451.00 2. These prices are subject to change after 30 days from document date. Sub-Total 3. There will be a 1.5%monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees involved in collecting past due accounts. 4. The above quotation is computed to be performed during regular business hours. Tax $3,015.56 Any special request by buyer necessary to complete work will be paid by buyer. Total $44,466.56 Any changes on orders must be made within 10 days after the order is accepted. 5. Clerical errors subject to correction. All prices and agreements are contingent upon strikes, accidents, and other couses unavoidable or beyond our control. 6. Buyer agrees to promptly file claim for all goods damaged in transit. 7. There will be a 20%restocking charge on merchandise ordered but not accepted. Acceptance of Proposal: Delivery, Set-Up,and Freight will not be refunded. These prices, specifications, and conditions are 8. A Preventative Maintenance Agreement is available for all equipment. satisfactory and are herby accepted. I am 9. Equipment lease is available with approved credit. authorized to order the equipment listed with full 10.All unit prices are F.O.B. manufacturer. understanding of the payment terms. Authorized Signature: P.O.Number: Print Name: Date of Acceptance: t 4 � 5 v VtNs! tti 1 1 400 Mgr jp011)11 f/ / 1 I DEEP LUNGES. Similar to stair climbing,this works all the muscles of the Leg,but is particularly good for working the glutes,hip flexors, 111 and calves. f-•t I 4 ter • I . SHORT STRIDES. ' Similar to walking,short strides primarily work the calves and quads. • r • FREOOt1 • AMT°100i COMMERCIAL ADAPTIVE MOTION TRAINER • _ Unlike any other machine,the revolutionary Adaptive Motion Trainer IAMTI ushers in a new era of functional cardio training. LAID-RANGE SikIDE: Like a jogging motion that targets the The highly intuitive AMT actually adapts to human movement =allowing glutes and hamstrings. the user to completely change the motion and path of their steps without so much as the push of a button. Like never before,users can move freely between exercises similar to stair climbing,walking,jogging or even running-all with zero impact.These real-time adjustments offer unlimited variation to target key muscle groups and deliver a t ; 4. personalized and truly rewarding workout,every time. In addition,the award-winning AMT has been scientifically proven to produce faster results by eliciting high oxygen consumption and high energy expenditure -leading the way to improved cardio-respiratory �-.f endurance and high caloric burn. A 1110 .__, 4 - �� Precor's breakthrough AMT technology brings meaningful innovation to the fitness industry to change the face of cardio exercise and offer an unmatched member experience. PRODUCT SPECIFICATIONS LP)Nl3 STRIDES: Length 74 in 1188 cm] It's like running without the impact, Width 28 in(71 cm] long strides that engage all of the major Height 69 in 1175 cm] muscles of the leg. Weight 445 lhs 1202 kg1 7... 1 I 4 i 4 gagilibk • • .t2t cih.G. c3Cto , • • - • • • • • • • • • ., • 4 • - • • . . 74ft4kik tt • . . . . -. • • . . - • ._ . . . . . . . _ . . .• , . •.. • .• .• . _ • 01111111111 , r-c-g ____„:1046420111104 1St TREADMILLS Precor commercial treadmills combine innovative patented technology ;13 and integrated entertainment options to deliver a superior Member Experience.With multiple preset programs including fitness tests,there are many ways for users to vary their treadmill workouts. IFT-D CDNTOLLER The IFT-drive controller works with the 4.0 horsepower AC motor to provide proprietary Integrated Footplant TechnologytM-controlling belt speed to be responsive to every step for a.smooth,natural feel while running or walking. GROUND EFFECTS'IMPACT CONTROL SYSTEM Easy wearon the knees,legs,and back,the unique suspension system cushions impact and controls Lateral motion while remaining responsive. FULLY INTEGRATED ENTERTAINMENT OPTIONS NNW Fully integrated Cardin Theater design,with Personal Viewing Screens or ambient viewing,enhances the Member Experience by offering a more seamless,premium look to your cardio area. DIRECT ACCESS TO PROGRAMS +; r Six buttons are the gateway to a variety of preset programs,and in some cases,a fitness test.Users Can select or change to a new program at anyUP) time during their workout, DURABILITY The robust IFT-drive controller powers the reliable 4,0 hp AC motor ensuring tong-Lasting durability. Precor treadmills are designed to `�_ withstand the rigors of commercial fitness facilities and keep humming � along year after year. r • 966i PREMIUM COMMERCIAL LOW IMPACT TREADMILL Top of the line commercial treadmill delivering an ultimate Member Experience.The 966i is the ultimate treadmill far commercial facilities with premium styling.advanced display,and smooth natural feel. • Programs:30 • Tap ConirolTM • Advanced display a Premium styling PRODUCT SPECIKIC.APIoNS • Length 88 in 1224 cml Width with handrails 35 in(89cml i- Height 64 in 1163 cml with PVS 80 in(203 cm] Weight 508 Ups 1231 kg( CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 09-03 ITEM NO.: IX.A. Denise Christensen Vacation of a portion of the Drainage and Utility Easements over,under and across Public Works/Engineering Lot 1 &2, Block 2, The Ridge at Riley Creek 2nd Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating that part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2, Block 2, The Ridge at Riley Creek 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2. Except the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. Synopsis The Property Owners have requested the vacation of a portion of the underlying Drainage and Utility easements dedicated with the plat of The Ridge at Riley Creek 2nd Addition. The lot line between this lot and the adjacent lot were administratively moved and new easements dedicated. The intent is to vacate the underlying easements as they are no longer necessary. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOT 1 & 2,BLOCK 2, THE RIDGE AT RILEY CREEK 2ND ADDITION VACATION 09-03 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: That part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2, Block 2, The Ridge at Riley Creek 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2. Except the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. WHEREAS, a Public Hearing was held on January 19, 2010 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated; and 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 January 19, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 3EPK _ \ N 5\\ v ��l! \ hlL�i or rcu. // a_ J w r °' o a z c% 120 VALLEY ¢� RD' Z C VALLEY RD. w 22. j a ?- --- 121. � o = w N 0 HA�BERRY v 4 . CT. m e. 106. O� 7I SA'Q/ 9<S o' 23. oo i . ti ql ON J ll2��O o n y T116N ci m R22W ct SITE 2021 p1 .� CONIFERGF- 29 28 ��� f TO '� P�GOVE o WAY ER\ YT,S9 CIR• TILIASTRATUS RIJS PP'e ()SPEC 4. CT. CIR a� Q �k' /�(. ACp RN R/pGF WAY 0) M tJ1 N ZP -.G pRGNL1 Q U `q DR. Q � c) G BEVERO z w �• TURNBULL RD. o W\ 0 DR. (-7, 4, ,_, ....:....:....: ................. 7 .••••••••.•...•...•...•. :......:......:......:: qh tVAC 09-03 NORTH LOCATION MAP Established In 1962 INVOICLOT SURVEYS COMPANY, INC. .E1NO, 78��5 i MINOR SUBDIVISION LAND SURVEYORS SCA : 1" = -- 4Q' REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA Fi for 780/72rd Avenue Borth (782)580-2098 0 Denotes Von Monument a J M S Minneapolis,Minnesota 55428 tax Na.660-3522 -- 'uruegars [Iertifir itt -- S 89°54'44'E 293.35 — 1 i �Y r ,i ` 530.06 �� o // L7rofnage find c + �, o o �ti� ' Utility Easement —_�---_____ o r V �� sr 4/IV� rry .7 w Basis of bearings is assumed fey �a.'�,%. PARCEL V A 20 ao s LU / Area or Ferret A is 20405.6 sq.fi (0.59ti acres) Z Z C Q fr I r '�� _— S 87°58'15"E 344.63 l `+� )``/ �/�� —_Y_ 1 + LEGAL DESCRIPTION OF EXISTING EASEMENT TOSgVACATED ,� —��^— — — --- 15JOAQ�, j------ � To vacate that parr of the ubNb and drainage easement as dedicated ^nD \ ate th 1 ine v r Ld t 2-- --`" PORTION OF EASEMENT TO BE VACATELI'r—� /� over,under endar�nss Lots f and 2,Wont 2,The Ridge of they Creek _,. 2nd Additon,according lc the recorded plat thereof.Hennepin County, h�. 1' SW corner or Lot 2 rrr SE corner of Lot 2 I q Minnesota Being a ID loot wide strip of land wMrh Has 5.061eer on seen f4 / .'.: .l o rorBe`ra emuw`�eotteny`I5tesouth wis e[rasrsi d tot 2 `�r the ea5r '- I'h dr7 ;h6 PARCEL B (improvements not shown) 1 cO 3 Ares of Porcei 6 is 39535.7 sq,ft (0.914 acres) N 10 c 4 _—I7roinage & Util ty Easement_ z N O — N 89°54'44"W 409.08 --'" The only easements shown ore from plats of record or information provided by Ghent. EXISTING LEGAL DESCRIPTIONS: • Lot f,Block 2,The Ridge of Riley Creek 2nd Addilan,Hennepin Courtly,Minnesota. We hereby certify that this is a true rind correct representation of and a survey of the houndorree of the abaya described land and the Lot 2,Block 2,The Ridge of Riley Creek 2nd Additon,Hennepin County,Minnesota. Area of Lot 2 odded to Lot I is 2050 Sq.tt location of oil buildings and visible encroachments, if dny,trom or on Sold fond. PROPOSED LEGAL OESCRIPTIONS: Surveyed by ua this 1st day of October 2009. Parcel A: Lot 2,Brock 2,The Ridge of Riley Creek 2nd Addition,Hennepin County,Minnesota.Except that part Iylrrg southerly of the following described line:Beginning at a point on the westerly line of said Lot 2 distant 73..50 feet northeasterly of the southwest comer of said Lot 2 as measured along said westerly fine:thence southeasterly to the southeast Comer of said Lott and there terminating. 411 Lot I,plBlock 2,The Ridge of Riley Creek 2rrd Addition,Hennepin County,Mfrutaspta.Together with that pan of Ld[2 said Black 2 A, Signed IIIC lying southerly of the fefiowing described line: Beginning at a point on the westerly line of said Lot 2 distant 1330 feet northeasterly 410 of the southwest comer of said Lot 2 as measured along said westerly line;thence southeasterly to the southeast corneroi said Gregory -. °r.sch, Minn. Reg, No. 24992 Lot 2 end there terminating. VACATION 09-03 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOTS 1 AND 2, BLOCK 2, THE RIDGE AT RILEY CREEK 2ND ADDITION 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 January 19, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage& Utility Easement described as follows: That part of the drainage and utility easement as dedicated over, under and across Lots 1 and 2,B lock 2, THE RIDGE AT R ILEY C REEK 2ND ADDITION according t o the recorded plat thereof, Hennepin County, Minnesota. Being a 10 foot wide strip of land which lies 5.00 feet on each side of and adjacent to the south line of said Lot 2. Expect the easterly 10 feet and the westerly 5 feet of said Lots 1 and 2. By Order of the City Council Published in the Eden Prairie News on December 31, 2009 NOTIFICATION LIST VACATION REQUEST 09-03 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 29-116-22-21-0064 29-116-22-21-0065 29-116-22-24-0066 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims JANUARY 19, 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 193781 — 194208 Wire Transfers 3689—3704 3696 — 3704 December 2009 Purchasing Card Payment Attachments City of Eden Prairie Council Check Summary 1/19/2010 Division Amount Division Amount General 12,036 601 Prairie Village Liquor 138,968 100 City Manager 815 602 Den Road Liquor 180,814 101 Legislative 5,130 603 Prairie View Liquor 115,112 102 Legal Counsel 17,471 605 Den Road Building 655 110 City Clerk 3,550 701 Water Fund 39,451 111 Customer Service 10,148 702 Sewer Fund 3,334 112 Human Resources 947 703 Storm Drainage Fund 16,592 113 Communications 2,674 Total Enterprise Funds 494,927 114 Benefits&Training 2,140 130 Assessing 260 803 Escrow Fund 23,864 131 Finance 377 806 SAC Agency Fund 30,000 132 Housing and Community Services 1,709 Total Agency Funds 53,864 133 Planning -1,079 136 Public Safety Communications 34,891 807 Benefits Fund 18,308 137 Economic Development 392 811 Property Insurance 350 138 Community Development Admin. 96 812 Fleet Internal Service 13,864 150 Park Administration 281 813 IT Internal Service 43,744 151 Park Maintenance 8,943 814 Facilities Capital ISF 21,909 153 Organized Athletics 4,091 815 Facilites Operating ISF 18,955 154 Community Center 8,134 816 Facilites City Center ISF 37,815 156 Youth Programs 729 817 Facilites Comm.Center ISF 35,219 157 Special Events 350 Total Internal Service Funds 190,165 158 Adult Recreation 622 160 Therapeutic Recreation 315 Report Totals 2,285,512 162 Arts 1,076 163 Outdoor Center 180 167 CC-Youth Programs 87 168 Arts Center 470 180 Police 23,817 183 Emergency Preparedness 67 184 Fire 25,309 186 Inspections 1,170 200 Engineering 3,669 201 Street Maintenance 14,833 Total General Funds 185,700 301 CDBG 4,580 304 Senior Board 1,404 308 E-911 909 Total Special Revenue Funds 6,893 424 G.O.Improvement Bonds 2003D 164,806 429 G.O.Improvement Bonds 2005C 101,973 430 G.O.Improvement Bonds 2006A 647,331 431 G.O.Improvement Bonds 2006B 249,085 433 2007A Facility Lease-3rd Rink 94,345 Total Debt Service Funds 1,257,540 315 Economic Development 1,934 502 Park Development 4,186 503 Utility Improvement 31,867 509 CIP Fund 19,755 516 ADC PROJECT 1,985 522 Improvement Projects 2006 18,707 526 Transportation Fund 17,987 Total Capital Project Funds 96,422 City of Eden Prairie Council Check Register 1/19/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3693 1,092,334 WELLS FARGO BANK MINNESOTA NA Interest 2007A Facility Lease-3rd Rink Debt Payment 3692 164,806 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D Debt Payment 194172 46,479 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 3704 45,895 US BANK Deposits Escrow 193876 45,582 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 194136 39,520 VTI Other Assets Public Safety Communications 194059 29,700 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 194108 29,453 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study 193954 27,429 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 194204 24,080 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 193957 21,654 XCEL ENERGY Electric Round Lake 194166 20,671 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 193997 20,619 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 193998 18,707 DOBOSZENSKI&SONS Improvements to Land Improvement Projects 2006 194190 18,046 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 193964 17,987 ALLIANT ENGINEERING INC Design&Engineering Transportation Fund 194197 16,919 THORPE DISTRIBUTING Beer Den Road Liquor Store 194192 16,726 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 194008 15,625 FIRE SAFETY USA INC Small Tools Fire 193914 15,233 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 193859 14,677 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 194137 13,788 WALL TRENDS INC Other Contracted Services Facilities Capital 194093 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 193789 12,520 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance 3689 12,415 US BANK TRUST Prepaid Expenses Health and Benefits 194187 11,151 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 193836 10,748 CDW GOVERNMENT INC. Other Hardware Den Road Liquor Store 193846 10,540 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant 194040 10,404 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 193845 10,388 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 193908 10,349 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 193935 10,204 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 193987 9,273 CDW GOVERNMENT INC. Other Hardware IT Operating 194126 8,978 THORPE DISTRIBUTING Beer Prairie View Liquor Store 194150 8,770 BELLBOY CORPORATION Transportation Den Road Liquor Store 194194 8,552 SIGNSOURCE Leasehold Improvements Prairie View Liquor Store 193873 7,874 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 193955 7,824 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 193801 7,736 LOGIS Conference Expense IT Operating 194202 7,621 WINE MERCHANTS INC Transportation Den Road Liquor Store 194041 7,266 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 194049 6,411 LOGIS Other Hardware Capital Impr./Maint.Fund 193849 6,278 EARL F ANDERSEN INC Signs Traffic Signs 194143 6,068 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 193901 6,020 NEW WORLD SYSTEMS Other Assets CIP-Bonds Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194156 5,793 CORNERHOUSE Other Contracted Services Police 194018 5,672 GRAYMONT Treatment Chemicals Water Treatment Plant 193831 5,570 BELLBOY CORPORATION Transportation Prairie View Liquor Store 194144 5,045 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 193951 4,955 WINE MERCHANTS INC Transportation Prairie View Liquor Store 193862 4,952 HENNEPIN COUNTY TREASURER Board of Prisoner Police 194207 4,927 WORLD CLASS WINES INC Transportation Den Road Liquor Store 193945 4,739 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 193813 4,580 RESIDENTIAL HEATING&AIR COND Other Contracted Services Rehab 193991 4,502 DAY DISTRIBUTING Beer Prairie View Liquor Store 193899 4,467 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 194047 4,335 LAVAN FLOOR COVERING Other Contracted Services Facilities Capital 193980 4,186 BLACKSTONE CONTRACTORS LLC Improvements to Land Park Acquisition&Development 194050 4,141 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 194021 4,000 HENNEPIN COUNTY Other Contracted Services Storm Drainage 194098 3,998 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 193934 3,903 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC Fire Station#4 194133 3,886 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 193956 3,762 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 193858 3,578 GREEN TOUCH SYSTEMS Salt Snow&Ice Control 194024 3,520 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Elections 194167 3,500 HAMLINE UNIVERSITY Other Contracted Services Storm Drainage 194154 3,352 CDW GOVERNMENT INC. Miscellaneous IT Operating 194164 3,296 GENERAL NANOSYSTEMS INC Miscellaneous IT Operating 193905 3,257 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 194091 3,221 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 194058 3,216 METRO SALES INCORPORATED* Equipment Repair&Maint Customer Service 194089 3,046 PCS TECHNOLOGIES INC Leasehold Improvements Prairie View Liquor Store 194035 3,027 INTEGRITY REMODELING&DESIGN Other Contracted Services Facilities Capital 193811 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 193819 2,984 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 193784 2,975 CERIDIAN Other Contracted Services IT Capital 193944 2,958 VAN PAPER COMPANY Cleaning Supplies 3rd Sheet of Ice 194158 2,900 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 193857 2,845 GRAYMONT Treatment Chemicals Water Treatment Plant 193848 2,822 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 193927 2,814 SPRINT Wireless Subscription IT Operating 193925 2,715 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 193985 2,497 BUELL,WILLIAM R Deposits Escrow 194003 2,415 EPI INVESTIGATIONS INC Building Utility Improvement Fund 193984 2,338 BUELL CONSULTING INC Deposits Escrow 193816 2,300 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 194169 2,299 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 194120 2,284 STREICHERS Equipment Parts Fleet Operating 194105 2,076 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant 194026 1,985 HOFFMAN&MCNAMARA Improvement Contracts ADC PROJECT 194028 1,934 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 193794 1,913 G&K SERVICES Clothing&Uniforms Utility Operations-General 193910 1,905 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194121 1,875 STRONER,ELIZABETH Tuition Reimbursement/School Organizational Services 194011 1,859 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 194135 1,825 VISTAR CORPORATION Merchandise for Resale Concessions 194184 1,820 MPPOA Dues&Subscriptions Police 193928 1,743 STAPLES ADVANTAGE Office Supplies Customer Service 194074 1,717 MRPA Special Event Fees Broomball 194094 1,709 PROP Other Contracted Services Housing and Community Service 194036 1,705 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 193988 1,699 CENTERPOINT ENERGY Gas Prairie Village Liquor Store 193885 1,667 MAACO Equipment Repair&Maint Fleet Operating 3691 1,608 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 194205 1,602 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 193949 1,587 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 193855 1,554 GRAINGER Supplies-Electrical City Hall-CAM 193994 1,542 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape Garden Room Repairs 193894 1,536 MORTON SALT Salt Snow&Ice Control 193880 1,491 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 194168 1,454 HOHENSTEINS INC Beer Den Road Liquor Store 193798 1,441 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 193933 1,436 SURMODICS INC Deposits Escrow 193900 1,414 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 193886 1,413 MAHIN WALZ INC Contract Svcs-Gen.Bldg City Center Operations 193981 1,395 BOMA MINNEAPOLIS Dues&Subscriptions General Facilities 193865 1,391 HIDDEN SPRING PRESERVE,LLC Deposits Escrow 193878 1,376 KEEPERS Clothing&Uniforms Police 193822 1,325 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 193807 1,300 OAIRE Tuition Reimbursement/School Fire 193799 1,295 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 194037 1,259 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 194115 1,250 SPECIAL SERVICES GROUP LLC Miscellaneous IT Operating 193950 1,243 WINE COMPANY,THE Transportation Den Road Liquor Store 194007 1,229 FERRELLGAS Motor Fuels Fleet Operating 194052 1,202 MASTER CRAFT LABELS INC Printing Community Center Admin 194176 1,199 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 194086 1,189 PARROTT CONTRACTING INC Equipment Repair&Maint Sewer System Maintenance 194130 1,170 UNIVERSITY OF MINNESOTA Conference Expense Inspections-Administration 193867 1,145 IAFC Dues&Subscriptions Fire 194185 1,142 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 194201 1,140 WINE COMPANY,THE Transportation Den Road Liquor Store 193854 1,108 GE CAPITAL Other Rentals Customer Service 194174 1,100 LOGIN/IACP Dues&Subscriptions Police 193821 1,076 XCEL ENERGY Electric Prairie Village Liquor Store 193791 1,035 DOHERTY,SANDRA L Other Contracted Services Volleyball 193783 1,022 CENTERPOINT ENERGY Gas Arts Center 193924 1,021 SHI INTERNATIONAL CORP Other Assets CIP-Bonds 193840 1,017 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 194099 1,017 QWEST Process Control Services Water Treatment Plant 194069 1,005 MINNESOTA TRANSPORTATION ALLIA Dues&Subscriptions Engineering 194196 1,000 SURLY BREWING CO Beer Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 193796 990 HUTTER,MICHAEL Conference Expense IT Operating 193830 988 BAY WEST INC Other Contracted Services Cummins Grill 194015 984 GRAINGER Equipment Parts Fleet Operating 193932 952 SURLY BREWING CO Beer Den Road Liquor Store 194042 902 KEEPERS Clothing&Uniforms Police 193909 899 PITNEY BOWES Postage Customer Service 193906 899 PEPSI COLA COMPANY Merchandise for Resale Concessions 194142 886 WINE MERCHANTS INC Transportation Prairie View Liquor Store 194122 852 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 193942 840 UNIVERSITY OF MINNESOTA Conference Expense Engineering 194110 835 SIGNSOURCE Leasehold Improvements Prairie View Liquor Store 194016 833 GRANICUS INC Software Maintenance IT Operating 193897 829 MT GLOBAL LLC Transportation Prairie Village Liquor Store 193937 802 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 194208 784 MROS,RICHARD Operating Supplies Fire 194165 780 GRAPE BEGINNINGS Transportation Den Road Liquor Store 194087 780 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 194145 778 XCEL ENERGY Electric Forest Hills Park 193850 776 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 193974 761 BATTERY TECH INC Equipment Parts Fleet Operating 194117 759 SQUARE CUT Other Contracted Services Facilities Capital 193833 749 BOUND TREE MEDICAL LLC EMS Supplies Fire 193977 748 BELLBOY CORPORATION Transportation Prairie View Liquor Store 193790 725 DNR Clothing&Uniforms Theatre Initiative 194029 704 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 194030 688 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 194179 685 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 193810 681 PETTY CASH Other Hardware IT Operating 193841 677 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink 3rd Sheet of Ice 194057 671 METRO FIRE Protective Clothing Fire 193990 667 DAVE'S FLOOR SANDING&INSTALL Contract Svcs-General Bldg Outdoor Center Facilities 193930 659 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 194012 658 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 193806 657 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters 193856 646 GRAPE BEGINNINGS Transportation Den Road Liquor Store 193834 631 BOYER TRUCKS Equipment Parts Fleet Operating 194129 618 UNIFORMS UNLIMITED Clothing&Uniforms Police 194123 606 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 194032 600 IACP/LEIM Dues&Subscriptions Police 194147 600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire 194085 599 PARALLEL TECHNOLOGIES INC Miscellaneous IT Operating 194019 595 GS DIRECT Operating Supplies Engineering 194051 595 MAROTTA,VIC Instructor Service Summer Skill Development 193853 593 G M CONTRACTING Refunds Water Enterprise Fund 194061 583 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 194128 582 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 194109 575 SIEMENS WATER TECHNOLOGIES COR Contract Svcs-Fire/Life/Safe Community Center Maintenance 194200 573 VINOCOPIA Transportation Den Road Liquor Store 194124 570 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194066 563 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 194088 558 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 193916 549 QWEST Maintenance Contracts E-911 Program 194023 544 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 193888 539 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 193979 533 BIFFS INC Waste Disposal Park Maintenance 194056 532 MENARDS Operating Supplies Fire 194116 532 SPEEDPRO IMAGING INC Other Contracted Services Ice Arena 194006 530 FEDEX Postage Human Resources 193852 525 FURNITURE MEDIC Contract Svcs-Gener Fire Station#4 194034 522 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 193959 518 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 193871 517 INSTANT WHIP FOODS Merchandise for Resale Concessions 193786 512 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 193965 505 AMEM Dues&Subscriptions Fire 193892 504 MINNESOTA STATE FIRE DEPT ASSN Dues&Subscriptions Fire 194152 498 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 193797 495 JOHN E REID AND ASSOCIATES,IN Tuition Reimbursement/School Police 194139 481 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 194020 462 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 193946 455 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 194155 450 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 194010 441 GE CAPITAL Other Rentals Customer Service 193922 435 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 193919 412 RED WING SHOE STORE Clothing&Uniforms Water Treatment Plant 193884 411 M.AMUNDSON LLP Transportation Prairie View Liquor Store 194072 409 MNCAR Other Contracted Services Economic Development 193902 405 NORTHERN GREEN EXPO Conference Expense Park Maintenance 193812 404 PROP United Way Withheld General Fund 193948 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2005C 193971 400 ATOM Tuition Reimbursement/School Police 193823 390 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 City Center Operations 193929 390 STREICHERS Operating Supplies Animal Control 194002 390 ELECTRIC PUMP Equipment Parts Water Treatment Plant 194181 385 MINNESOTA SAFETY COUNCIL Office Supplies Customer Service 193989 384 CHRISTIANSEN,MIKE Other Contracted Services Basketball 194134 379 VERIZON WIRELESS Telephone E-911 Program 193891 378 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 193976 375 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 193961 369 2ND WIND EXERCISE Repair&Maint.Supplies Fitness Center 193931 361 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 194100 353 RDO EQUIPMENT CO Equipment Parts Fleet Operating 193982 350 BROADMOOR OF EDEN PRAIRIE Insurance Property Insurance 194022 350 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 194113 350 SOUNDS GREAT Other Contracted Services Special Initiatives 193863 349 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 194141 348 WINE COMPANY,THE Transportation Prairie View Liquor Store 193963 346 ABM EQUIPMENT AND SUPPLY COMPA Auto Repair&Maint. Water System Maintenance 193860 343 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194055 343 MCTIGUE,JACK Memberships Community Center Admin 193829 333 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 194045 326 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 194078 325 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 194198 323 TROPICANA CHILLED DSD Merchandise for Resale Concessions 194073 315 MPELRA Conference Expense Human Resources 193973 306 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 194148 303 LIBERTY PROPERTY LIMITED PARTN Deposits Escrow 193890 300 MINNESOTA DEPT OF LABOR AND IN Licenses,Permits,Taxes Utility Operations-General 193938 300 TWIN CITY AREA LABOR MGMT COUN Dues&Subscriptions Engineering 194104 300 SCOTT COUNTY TREASURER Other Contracted Services Police 193939 297 TWIN CITY HARDWARE Supplies-Security Ice Arena Maintenance 193868 293 IDEAL SERVICE INC Building Repair&Maint. Utility Operations-General 193842 290 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program 193805 289 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 194163 287 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 194005 287 FASTENAL COMPANY Equipment Parts Fleet Operating 193995 283 DIAMOND,GREG AND MEGAN AR Utility Water Enterprise Fund 194025 275 HENRY,PAUL Other Contracted Services Broomball 193844 270 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 193895 270 MRPA Conference Expense Parks Administration 194062 268 MIDWEST PLAYSCAPES Operating Supplies Traffic Signals 193839 266 COMPAR INC Other Assets CIP-Bonds 193958 262 Z WINES USA LLC Transportation Den Road Liquor Store 193992 261 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 194000 259 EDGE METALWORKS Leasehold Improvements Prairie View Liquor Store 193967 259 ANCHOR PRINTING COMPANY Operating Supplies Winter Theatre 194014 255 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 193923 251 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 194068 250 MINNESOTA STATE AUDITOR Conference Expense Finance 194177 250 MINNEAPOLIS RIFLE CLUB Dues&Subscriptions Police 193818 244 UNITED WAY United Way Withheld General Fund 194097 243 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 194131 236 UNLIMITED SUPPLIES INC Operating Supplies Street Maintenance 194127 233 TNEMEC COMPANY INC Repair&Maint.Supplies Water Treatment Plant 193966 232 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 194140 231 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant 193978 230 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 193912 228 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 193975 212 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 194151 211 BOURGET IMPORTS Transportation Den Road Liquor Store 193808 200 PARKER,WARD Tuition Reimbursement/School Fire 193815 200 SNEEN,NICOLE D Other Contracted Services Broomball 193785 199 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 193788 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 193851 193 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 193782 191 BUCHANAN,KURT Tuition Reimbursement/School Fire 193861 189 HEINMILLER,JOHN AR Utility Water Enterprise Fund 194083 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions Check# Amount Vendor/Explanation Account Description Business Unit Explanation 193920 187 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 194079 187 NORTHSHORE WOOD PRODUCTS Work In Progress Prairie View Liquor Store 193972 184 BARNES,BELINDA A. Other Contracted Services Volleyball 193883 182 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 193962 180 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 193837 177 CHOICE INC Other Contracted Services Prairie Village Liquor Store 194077 176 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 194031 175 IAAO Dues&Subscriptions Assessing 194178 175 MINNEAPOLIS,CITY OF Tuition Reimbursement/School Police 194157 175 CUB FOODS EDEN PRAIRIE Operating Supplies Police 193864 167 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 193877 165 KAISER,DAVID S Capital Under$10,000 Senior Board 194053 163 MATHEWS,DAVID AR Utility Water Enterprise Fund 193936 160 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 194112 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 193926 158 SPRINT Telephone Engineering 194119 156 STAPLES ADVANTAGE Office Supplies Customer Service 194033 154 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 193843 152 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 193781 150 ALBERS,JASON Employment Support Test Fire 193827 150 AZTEC BP Equipment Repair&Maint Police 194161 150 FBINAA Dues&Subscriptions Police 194004 149 ERNST,DOUGLAS Clothing&Uniforms Park Maintenance 3690 145 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 193947 145 WASECA POLICE DEPARTMENT Prepaid Expenses General Fund 194071 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 193969 143 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 194103 141 SBSI INC Software Maintenance IT Operating 194193 140 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 194162 139 FLAHERTYS HAPPY TYME COMPANY Misc Non-Taxable Den Road Liquor Store 193787 138 CULLIGAN BOTTLED WATER Operating Supplies Fire 194159 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 194090 133 PETTY CASH-EPCC Operating Supplies Classes/Programs/Events 194081 129 OLSEN COMPANIES Operating Supplies Park Maintenance 194153 129 CAREER TRACK Tuition Reimbursement/School Police 194107 127 SHI INTERNATIONAL CORP Software IT Operating 193943 125 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 194118 125 ST.CROIX COUNTY SHERIFFS OFFI Tuition Reimbursement/School Police 193872 122 IWA MEMBERSHIP Dues&Subscriptions Utility Operations-General 193817 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 193792 120 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 194048 119 LIBERTY PROPERTY LIMITED PARTN Deposits Escrow 193915 116 QWEST Telephone IT Telephone 194027 114 HOHENSTEINS INC Beer Prairie View Liquor Store 193804 112 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 193911 112 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 193983 106 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 193824 106 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 194064 102 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 194009 101 G&K SERVICES Clothing&Uniforms Park Maintenance 194039 100 J H LARSON COMPANY Supplies-Electrical Senior Center 194054 100 MCLEOD COUNTY RECORDER Operating Supplies Engineering 194195 100 SPRINGSTED INCORPORATED Conference Expense Finance 194146 99 YOUNG,PHIL Mileage&Parking City Council 194017 98 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 193996 97 DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 194001 95 EGAN OIL COMPANY Equipment Parts Fleet Operating 193940 94 TYSON,LISA AR Utility Water Enterprise Fund 194175 94 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 194013 93 GINA MARIAS INC Operating Supplies Fire 194149 92 APCO INTERNATIONAL Dues&Subscriptions Police 194075 90 MT GLOBAL LLC Wine Imported Prairie View Liquor Store 193999 89 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin. 194043 87 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama 193847 85 DIRECTV Cable TV Community Center Admin 194067 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 193826 80 ATOM Tuition Reimbursement/School Police 193904 78 OPPORTUNITY PARTNERS Contract Svcs-Lawn Maint Arts Center 194183 76 MORAN USA,LLC Transportation Den Road Liquor Store 194095 75 PROSOURCE SUPPLY Supplies-General Bldg Community Center Maintenance 193917 75 RAINBOW TREECARE Conference Expense Tree Disease 193835 72 CAWLEY COMPANY,THE Operating Supplies Aquatics&Fitness Admin 193921 72 SALUD AMERICA INC Wine Imported Prairie Village Liquor Store 193960 72 ZIEGLER INC Equipment Parts Fleet Operating 194044 71 KUSTOM SIGNALS INC Equipment Repair&Maint Police 193869 70 IMSA Dues&Subscriptions Street Maintenance 193870 70 INDUSTRIAL AND RESIDENTIAL LIG Repair&Maint.Supplies Water Treatment Plant 194138 69 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 194084 69 PAPCO INC Supplies-General Bldg Ice Arena Maintenance 3695 66 VANCO SERVICES Miscellaneous Community Center Admin 194125 65 THIELMAN,MARC Mileage&Parking General Facilities 193918 62 RAY JORDAN&SONS Deposits Escrow 193970 60 ASSOC OF STATE WETLAND MANAGER Dues&Subscriptions Storm Drainage 194038 60 IPMA MINNESOTA Dues&Subscriptions Human Resources 194173 59 LECY BROS HOMES Cash Over/Short General Fund 194188 59 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 193803 57 MEUWISSEN,JESSICA Mileage&Parking Community Center Admin 194092 56 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 194082 55 OLSON,MARK OR LINDA AR Utility Water Enterprise Fund 194111 55 SNAP-ON TOOLS Small Tools Fleet Operating 193941 54 UNIFORMS UNLIMITED Clothing&Uniforms Police 194063 53 MINNESOTA CHIEFS OF POLICE ASS Printing Police 193896 50 MSCIC Tuition Reimbursement/School Police 194101 50 RED WING,CITY OF Equipment Repair&Maint Police 194114 50 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 194046 48 LANO EQUIPMENT INC Equipment Parts Fleet Operating 193800 48 LINDAHL,DAVID Mileage&Parking Economic Development 193893 48 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 193879 45 KIDCREATE STUDIO Instructor Service Arts Center 194096 45 PUTNAM,PAT Accounts Receivable Community Center Admin 193838 45 COMCAST Dues&Subscriptions City Council 194106 44 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 194060 40 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 194080 40 OFFICE OF THE SECRETARY OF STA Operating Supplies Engineering 194182 40 MN PRIMA Office Supplies Customer Service 194199 39 VINO SOURCE,THE Transportation Den Road Liquor Store 193903 37 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 193968 36 ARNDT,DALE Small Tools Fleet Operating 194180 35 MINNESOTA PARK SUPERVISORS ASS Dues&Subscriptions Park Maintenance 194132 34 UPS Postage Fire 193898 32 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 194160 32 FASTSIGNS Operating Supplies Ice Arena 193832 31 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 193793 30 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 194206 30 WMCA Conference Expense City Clerk 193825 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 194186 24 NEWPAPER LLC Operating Supplies Internal Events 193889 23 MINNESOTA ATHLETIC APPAREL Office Supplies Fire 194065 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 193866 23 HOOKER,CHRIS AR Utility Water Enterprise Fund 193986 21 CAMPBELL,CHRISTINA OR SCOTT D AR Utility Water Enterprise Fund 193814 20 SHIMANSKI,BERMA Accounts Receivable Community Center Admin 193802 20 METRO FIRE PROTECTION Cash Over/Short General Fund 194076 19 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 193881 17 LANO EQUIPMENT INC Equipment Parts Fleet Operating 194102 16 REPLENEX Equipment Parts Fleet Operating 193887 15 MENARDS Operating Supplies Fire 193993 10 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 194070 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 193882 9 LAVENTURE,LARRY AR Utility Water Enterprise Fund 193820 8 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 193828 2 BATTERIES PLUS Operating Supplies Street Maintenance 2,285,512 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/20/2009 Payment Amount Explanation Vendor Account Description Business Unit 21 US-Wasp Control HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 18 US-Shop Vac Filter SEARS EDEN PRAIRIE Operating Supplies Park Maintenance 533 US-Gift Card jackets ECARD SYSTEMS Operating Supplies Prairie Village Liquor Store 533 US-Gift Card jackets ECARD SYSTEMS Operating Supplies Den Road Liquor Store 533 US-Gift Card jackets ECARD SYSTEMS Operating Supplies Prairie View Liquor Store 132 US-Shop Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Fleet Operating 20 US-CEU Recertification ATRA Conference Expense Recreation Administration 1 US-Sr.Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events 1 US-Sr.Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events 240 US-Senior Fall Tram Ride THREE RIVERS PARK DISTRICT Special Event Fees Red Hat 280 US-Senior Faribault Trip MONTE'S STEAKHOUSE Special Event Fees Red Hat 194 US-Fall Color Ride EMMA KRUMBEES Special Event Fees Trips 102 US-Fall Color Ride EMMA KRUMBEES Special Event Fees Trips 12 US-Senior Fall Tram Ride THREE RIVERS PARK DISTRICT Special Event Fees Red Hat 12 US-Senior Fall Tram Ride THREE RIVERS PARK DISTRICT Special Event Fees Red Hat 5 US-Office Supplies CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Administration -12 US-Cancelled Tram Ride THREE RIVERS PARK DISTRICT Special Event Fees Red Hat 13 US-Plastic Cups-for Crew RAINBOW FOODS INC. Repair&Maint.Supplies Storm Drainage 26 US-Supplies for Ballfields MENARDS Operating Supplies Park Maintenance 10 US-Valley View Rd Repair PDQ DELI MART Repair&Maint.Supplies Sewer Liftstation 77 US-Valley View Rd Repair GINA MAMAS INC Repair&Maint.Supplies Sewer Liftstation 535 US-Freeze Kit-Line Repair RIDGE TOOL COMPANY Equipment Repair&Maint Water System Maintenance 24 US-Fuel to AWWA Confer. HINCKLEY LITTLE STORE Mileage&Parking Water Distribution 337 US-AWWA Conference CANAL PARK LODGE Conference Expense Utility Operations-General 138 US-Battery&Charger HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 2,169 US-Skate Park Paneling AMERICAN RAMP COMPANY Repair&Maint.Supplies Round Lake 72 US-Red Lake Safety Camp AMERICINN Travel Expense Fire 15 US-Business Mtg Drinks RAINBOW FOODS INC. Operating Supplies Fire 37 US-Business Mtg Bagels PANERA BREAD Operating Supplies Fire 225 US-Fire Station Supplies CUB FOODS EDEN PRAIRIE Operating Supplies Fire 47 US-New World Training MILIO'S SANDWICHES Operating Supplies Fire 120 US-Indexing Software MICROFORENSICS,INC. Miscellaneous IT Operating 149 US-Media&Card Readers WALMART COMMUNITY Video&Photo Supplies Police 249 US-Video&Photo Supplies MICRO CENTER Video&Photo Supplies Police 45 US-Computer Forensics MICRO CENTER Miscellaneous IT Operating 48 US-Video&Photo Supplies MICRO CENTER Video&Photo Supplies Police -32 US-Return MICRO CENTER Video&Photo Supplies Police 36 US-Computer Forensics MICRO CENTER Miscellaneous IT Operating 46 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 288 US-Bag Shaker PhotoHelic DWYER INSTRUMENTS,INC Equipment Parts Water Treatment Plant 119 US-Playground Concrete MENARDS Improvements to Land Capital Impr./Maint.Fund 25 US-Lunch Mtg-New Candid. MAMA AURELIAS Miscellaneous Community Development Admin. 17 US-Management Training LORD FLETCHERS Conference Expense Community Development Admin. -268 US-Care Credit on Engine VIKING AUTO SALVAGE Equipment Parts Fleet Operating 116 US-Dog Park Supplies MENARDS Building Materials Park Maintenance 13 US-Air Blow Gun MERLINS ACE HARDWARE Operating Supplies Park Maintenance 7 US-Air Plug/Blow Gun O'REILLY AUTOMOTIVE INC Operating Supplies Park Maintenance 29 US-Supplies MENARDS Operating Supplies Park Maintenance 73 US-Hand Tools MENARDS Operating Supplies Park Maintenance 7 US-Degree Verification NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 65 US-Ceridian Time&Attend. DAVANNI'S PIZZA Training Supplies Organizational Services 292 US-LEEP Program Books AMAZON.COM Training Supplies Organizational Services 11 US-EP On Track WALMART COMMUNITY Training Supplies Organizational Services 77 US-2010 Planner Refits(2) FRANKLIN COVEY Training Supplies Human Resources -1 US-Credit US BANK Bank and Service Charges Utility Operations-General 2,024 US-Aug'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 355 US-Aug'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 93 US-Aug'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -49 US-Aug'09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 135 US-GFOA Meeting GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 132 US-Skate Lesson Badges OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 260 US-Skate Lesson Badges OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 15 US-PurchaseCredited Back US BANK Deposits Escrow -15 US-Credit Back to Card US BANK Deposits Escrow 19 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 29 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 477 US-Lockers for Rink CSN LOCKER SUPPLY Operating Supplies Ice Arena Amount Explanation Vendor Account Description Business Unit 37 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 1,404 US-Freezer for Café NEXT DAY GOURMET Capital Under$2,000 Concessions 37 US--Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 165 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 268 US-Walyball Equipment FRONTIER PRO SHOP Operating Supplies Gymnasium(CC) 252 US-Proshop Vending Suppl SPORTS WORLD USA INC Merchandise for Resale Concessions 47 US-Food for Café SPORTS WORLD USA INC Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 81 US-Food for Café SPORTS WORLD USA INC Merchandise for Resale Concessions 18 US-Belts-WaterMainRepair FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 238 US-GIS Confer-Rod Rue THE INN ON LAKE SUPERIOR Conference Expense Engineering 265 US-GIA/LIS Conf-.Kaszynski MN GIS/LIS Conference Expense Engineering 265 US-GIA/LIS Conf-Rod Rue MN GIS/LIS Conference Expense Engineering 265 US-GIA/LIS Conf-P.Carlson MN GIS/LIS Conference Expense Engineering 110 US-Chamber Gala Dinner EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development 15 US-AP Styleguide Subscrip APBOOKSTORE.COM Dues&Subscriptions Communications 2,677 US-Avid Software Upgrade DIGI MAUDIO SIBELIUS Software Communications 268 US-Sony Cybershot BEST BUY Video&Photo Supplies Administration 51 US-Sunshine Fund Flowers BACHMANS CREDIT DEPT Deposits Escrow 38 US-SLUC Lunch.G.Dietz SENSIBLE LAND USE COALITION Miscellaneous Engineering 38 US-SLUC Lunch.J.Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Engineering 51 US-Sunshine Fund Flowers BACHMANS CREDIT DEPT Deposits Escrow 312 US-Council Workshp Food LEEANN CHIN Miscellaneous City Council 7 US-Park-Met Council Mtg ALLIED 5TH STREET CENTER Mileage&Parking Administration 121 US-EA Award Luncheon SANTORINIS Miscellaneous Administration 195 US-Tekne Awards-Lindahl MINNESOTA HIGH-TECH Miscellaneous City Council 195 US-Tekne Awards-Young MINNESOTA HIGH-TECH Miscellaneous City Council 20 US-Education Program EDEN PRAIRIE SCHOOL Miscellaneous Administration 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 9 US-Live Well Basket TURNSTYLE Operating Supplies Sunbonnet Days 30 US-SunBonnet Day RAINBOW FOODS INC. Operating Supplies Sunbonnet Days 636 US-CB/MH Repair Supplies MENARDS Repair&Maint.Supplies Infiltration/Inflow Study 349 US-Edging Machine AG POWER Operating Supplies Street Maintenance 26 US-Tools SEARS EDEN PRAIRIE Small Tools Street Maintenance 50 US-12 Volt Spot Spring NORTHERN TOOL&EQUIPMENT Small Tools Street Maintenance 288 US-12 Volt Spot Spring NORTHERN TOOL&EQUIPMENT Small Tools Street Maintenance 130 US-Boiler Registration Fee DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 47 US-Senior Center Sod KLIER'S NURSERY Landscape Materials/Supp Park Maintenance 182 US-Mulching Plates MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 11 US-Bee Spray-Round Lk. MENARDS Operating Supplies Park Maintenance 9 US-Bee Spray-Shop HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 40 US-Senior Center Sod KLIER'S NURSERY Landscape Materials/Supp Park Maintenance 30 US-Perrenial Mulch-Shop MENARDS Landscape Materials/Supp Park Maintenance 38 US-Purgatory Flower Tags POLY-TEX INC Operating Supplies Park Maintenance 8 US-Purgatory Flower Tags POLY-TEX INC Operating Supplies Park Maintenance 15 US-Small Hand Rakes MENARDS Operating Supplies Park Maintenance 192 US-Concrete Crew Supplies MENARDS Operating Supplies Street Maintenance 13 US-Truck Tool Box MENARDS Operating Supplies Street Maintenance 13 US-Boxes for Art Supplies TARGET Operating Supplies Arts Center 26 US-Finger Paint Paper MICHAELS-THE ARTS&CRAFTS S Recreation Supplies Arts Center 688 US-Glass Bead Supplies PAYPAL INC Operating Supplies Arts Center 36 US-Clamp Lights for Studio HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 202 US-Clay for Adult Classes CONTINENTAL CLAY COMPANY Recreation Supplies Arts Center 15 US-Rolling Pins-Kids'Clay TRIARCO Operating Supplies Arts Center -153 US-Bead Supplies Refund PAYPAL INC Operating Supplies Arts Center 307 US-Sandwich Board Signs R&T ENTERPRISES Capital Under$2,000 Arts Center 32 US-Clamps for Bead Class HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 719 US-Clay and Glazes CONTINENTAL CLAY COMPANY Recreation Supplies Arts Center 124 US-Printmaking Supplies ART MATERIALS Operating Supplies Arts Center 17 US-Printmaking Supplies ART MATERIALS Operating Supplies Arts Center 22 US-Clay Studio Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 113 US-Receipt Paper CDW GOVERNMENT INC. Office Supplies Community Center Admin 10 US-Play Care Toys PROP Operating Supplies Day Care 51 US-B'DayPartyKingCostume PARTY CITY Operating Supplies Birthday Parties 18 US-Play Care Toys MARIA'S CHILDREN INTERNATIONAL Operating Supplies Day Care 8 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Special Events(CC) 18 US-Play Care Supplies DOLLAR TREE STORES,INC. Operating Supplies Day Care 7 US-B'Day Party Supplies DOLLAR TREE STORES,INC. Operating Supplies Birthday Parties 83 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 2 US-B'Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 65 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 49 US-B'Day Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 190 US-B'Day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties Amount Explanation Vendor Account Description Business Unit 290 US-MAAO Conf-D.Buswell MAAO Conference Expense Assessing 290 US-MAAO Conf-C.Schmidt MAAO Conference Expense Assessing 200 US-MAAO Conf-S.Sinell MAAO Conference Expense Assessing 290 US-MAAO Conf-John Sams MAAO Conference Expense Assessing 290 US-MAAO Conf-Barb Cook MAAO Conference Expense Assessing 290 US-MAAO Conf-J.Carlson MAAO Conference Expense Assessing 55 US-MAAO Conf-L.Ramsey MAAO Conference Expense Assessing 860 US-CLE Conf-4 Assessors MINNESOTA CLE Conference Expense Assessing 61 US-Plywood-Sandwich Brds MENARDS Building Materials Park Maintenance 31 US-Loppers-Trail Trimming MENARDS Small Tools Park Maintenance 73 US-Outdoor Ctr Trip Snacks CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 405 US-Outdoor Ctr Trip Motel SUNRISE MOTEL Operating Supplies Outdoor Center 73 US-Outdoor Ctr Trip Fuel EXXON Operating Supplies Outdoor Center 77 US-Outdoor Ctr Trip INTERNATIONAL CRANE FOUNDATION Operating Supplies Outdoor Center 20 US-Outdoor Ctr Trip Fuel HOLIDAY STATION STORES Operating Supplies Outdoor Center 21 US-Univer.Remote Control BEST BUY Repair&Maint.Supplies Police City Center 279 US-TemporaryStoragePods PODS Building CIP-Bonds 188 US-TemporaryStoragePods PODS Building CIP-Bonds -65 US-Credited(Wrong Amt) SOUTH CENTRAL GLASS INC Other Contracted Services Environmental Education 65 US-Wrong Amount SOUTH CENTRAL GLASS INC Other Contracted Services Environmental Education 116 US-Plexiglass Fabrication SOUTH CENTRAL GLASS INC Other Contracted Services Environmental Education -148 US-Cancelled Order US BANK Training Supplies Utility Operations-General 192 US-Enviro Ed Ctr Upgrade ASSOCIATED FINISHING Other Contracted Services Environmental Education 30 US-Food-Emerg/MgmtConf BREEZY POINT RESORT Conference Expense Utility Operations-General 128 US-Motel-EmergMgmtConf RODEWAY INN Travel Expense Utility Operations-General 510 US-Enviro Ed Ctr Upgrade A-1 ACRYLICS Other Contracted Services Environmental Education 23 US-Food-Emerg/MgmtConf TRAIL BREAK BAR&GRILL Conference Expense Utility Operations-General 12 US-Food-Emerg/MgmtConf OASIS INN RESTAURANT Conference Expense Utility Operations-General 337 US-Motel-MN AWWA Conf CANAL PARK LODGE Travel Expense Utility Operations-General 92 US-Behavior Resources AUTISM RESOURCE NETWORK Operating Supplies Youth Programs Administration 11 US-ProgramCommittee Mtg. KOWALSKI'S MARKET Operating Supplies Youth Programs Administration 15 US-ProgramCommittee Mtg. CARIBOU COFFEE Operating Supplies Youth Programs Administration 34 US-Around Town Program DAVANNI'S PIZZA Operating Supplies Around Town 64 US-Sunbonnet Day Suppl. WALMART COMMUNITY Operating Supplies Sunbonnet Days 13 US-Sunbonnet Day Suppl. MICHAELS-THE ARTS&CRAFTS S Operating Supplies Sunbonnet Days 3 US-Sunbonnet Day Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Sunbonnet Days 10 US-Sunbonnet Day Suppl. TARGET Operating Supplies Sunbonnet Days 2 US-Sunbonnet Day-Ice BP OIL Operating Supplies Sunbonnet Days 3 US-Sunbonnet Day Suppl. TARGET Operating Supplies Sunbonnet Days -71 US-Refund on Uniforms KIEFER SPORTS GROUP Clothing&Uniforms Oak Point Lessons 71 US-Uniforms KIEFER SPORTS GROUP Clothing&Uniforms Oak Point Lessons 26 US-GOTR Snacks WALMART COMMUNITY Operating Supplies Girls on the Run 21 US-Weapon Repair BROWNELLS INC. Equipment Repair&Maint Police 259 US-Airfare-IntelligenceConf NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 US-Agent Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police 8 US-Weapon Repair UPS STORE,THE Equipment Repair&Maint Police 155 US-Training-E.LeBlanc COUNTRY INN&SUITES Tuition Reimbursement/School Police 155 US-Training-C.Ryan COUNTRY INN&SUITES Tuition Reimbursement/School Police 290 US-Squad Equipment RESCUE ESSENTIALS Capital Under$2,000 Police 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 23 US-Camera Cases WALMART COMMUNITY Operating Supplies Police 37 US-Camera Cases WALMART COMMUNITY Operating Supplies Police 20 US-Lift Station Repair Supp. MENARDS Repair&Maint.Supplies Sewer Liftstation 23 US-Lift Station Repair Supp. MENARDS Repair&Maint.Supplies Sewer Liftstation 58 US-CB/MH Repair Supplies MENARDS Repair&Maint.Supplies Infiltration/Inflow Study 30,048 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions January 19, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Second reading of an Ordinance Amending City OCM Code Chapter 2.86, Subd. 3, Relating to Disposal of Excess Property Requested Action Move to: Approve the second Reading of an Ordinance Amending City Code Section 2.26, Subd. 3, relating to the disposal of excess property. Synopsis The ordinance change will allow the City to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. This change is in accordance with Minnesota State Statute 471.345, Subd. 17. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.86, SUBD. 3, RELATING TO DISPOSAL OF EXCESS PROPERTY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.86, Subd. 3, is amended by adding F. as follows: F. Notwithstanding any other requirement of this section, the City may contract to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment pursuant to Minnesota Statutes § 471.345 Subd. 17. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 5th day of January, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2010. CITY COUNCIL AGENDA DATE: January 19, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Community Development/Planning Public Infrastructure Janet Jeremiah/Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance relating to the definition of public infrastructure and adopt Resolution approving Summary Ordinance. Synopsis This is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved 1st reading of the ordinance on October 6, 2009. Attachments 1. Ordinance for Public Infrastructure 2. Resolution 3. Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY DELETING THE DEFINITON OF PUBLIC FACILITIES AND SERVICES AND ADDING A NEW DEFINITION TO SECTION 11.02;DIRECTING THE CITY CLERK TO REPLACE THE TERM "PUBLIC FACILITIES AND SERVICES" WITH "PUBLIC INFRASTRUCTURE"IN THE CITY CODE;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code, Chapter 11, Section 11.02,Definitions is amended by deleting the definition "at line 46 of"public Facilities and Structures"and inserting in its place the following definition of "Public Infrastructure." 46. "Public Infrastructure"- Infrastructure related to municipal utilities owned by any governmental unit including lift stations,well houses,water towers, sewer and water lines,manholes, storm sewer, street lights, stops signs and stop lights,bridges,trails, sidewalks, and infrastructure related to electric gas, telephone and cablevision utilities lines,poles and boxes, but not including buildings except as specified above. Section 2. The City Clerk is directed to replace the term"Public Facilities and Services"with the term "Public Infrastructure" in City Code Sections 11.02 (46); 11.10, Subd. 2. B.; 11.11, Subd. 2. E.; 11.15, Subd 2. C.; 11.20 Subd. 2. C.; 11.25, Subd, 2. C.; 11.27, Subd. 5, Table 1; 11.30, Subd. 2. C; 11.35 Subd. 2. A. and wherever else it appears in the City Code. Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation"and Section 11.99 entitled"Violation a Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October, 2009 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of January, 2010. Kathleen Porta, City Clerk Phil Young. Mayor PUBLISHED in the Eden Prairie News on , 2010. PUBLIC INFRASTRUCTURE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY DELETING THE DEFINITON OF PUBLIC FACILITIES AND SERVICES AND ADDING A NEW DEFINITION TO SECTION 11.02; DIRECTING THE CITY CLERK TO REPLACE THE TERM "PUBLIC FACILITIES AND SERVICES" WITH "PUBLIC INFRASTRUCTURE" IN THE CITY CODE; 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 amendments to city code chapter 11 relating to the definition of public infrastructure. 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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2010 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2010 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 19th day of January, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2010 is lengthy and contains charts. B. The text of summary of Ordinance No. -2010, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2010 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on January 19, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: January 19, 2010 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.C. Community Development/Planning WAL-MART Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2 nd Reading of the Ordinance for Zoning Di strict Am endment in the Comm ercial Regional Service Zoning District on 16.86 acres; and • Site Plan Review on 16.86 acres; and • Approve the Development Agreement for Wal-Mart Synopsis This is final approval of plans and the development agreement for Walmart. The 120 days expires on February 4, 2010. Staff has requested a two week extension from Walmart to allow staff to potentially amend the development agreement based upon any policy direction from the Council during the January 19th workshop. However, Walmart has not agreed to the extension. Therefore, the provisions of the development agreement reflect staffs' and the City Attorney's understanding of the status of Walmart's commitments prior to the Council requesting further City policy discussions about Special Service Districts. Walmart's share of the future adjacent roadway/streetscape improvements for Singletree and Prairie Center Drive are handled by cash escrow, as previously requested by Walmart, rather than special assessment, as is typically done. The development agreement also includes a provision allowing the City to require Walmart to petition to initiate discussion of a potential future Special Service District for maintenance services (above and beyond what the City would typically do). It does not obligate creation of a District. It allows Walmart to appeal the amount of any future Special Service District charge. The development agreement grants a concession that Walmart does not have to add brick to the existing rear of the building, which is currently nonconforming. That concession was not in place when the project was reviewed by the Planning Commission. Walmart has also been granted some concessions to requirement for pavers. Walmart is not required to move the existing tower or change it to a monopole or make any enhancements. If any of the attached development agreement provisions are inconsistent with the Council's policy direction from the workshop, the motion should include any proposed revisions. Attachments 1. Ordinance for Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement WAL-MART CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING WITHIN A PARTICULAR ZONING 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 C-Reg-Ser Zoning District. Section 3. The proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Reg-Ser Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is 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. The land shall be developed in accordance with Development Agreement between the City of Eden Prairie and Wal-Mart, dated January 19, 2010. Section 6. 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 17th day of November, 2009, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of January, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor EXHIBIT A Legal Description Lot 1, Block 1 Wal-Mart 2"d Addition WAL-MART CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -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 12195 Singletree Lane within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A: Lot 1, Block 1, Walmart 2nd Addition, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WAL-MART BY THE BENHAM COMPANY WHEREAS, The Benham Company, has applied for Site Plan approval of Wal-Mart to construct a 1,624 square foot addition to the existing building and exterior remodel, by an Ordinance approved by the City Council on January 19, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 26, 2009 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 17, 2009 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Wal-Mart based on the Development Agreement between The Benham Company and the City of Eden Prairie, reviewed and approved by the City Council on January 19, 2010. ADOPTED by the City Council of the City of Eden Prairie this 19th day of January, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT WAL-MART THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of December 1, 2009, by WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust corporation, 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 Zoning District Amendment in the Commercial Regional Services District and Site Plan Review on 16.86 acres, legally described on Exhibit A(the "Property"); WHEREAS,Developer and City entered into that certain Development Agreement between the parties as of October 1, 1991,pertaining to the Property("Original Development Agreement"). NOW, THEREFORE, in consideration of the City adopting Ordinance for Zoning District Amendment and 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 November 17, 2009, reviewed and approved by the City Council on November 17, 2009, (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 and construction on the Property 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 shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the new Stormwater Facilities must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of the 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 147 trees. 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. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated in conformance with City Code §11.03 Subd. 4. 11. BRICK WALLS: Developer shall not be required to install brick as the exterior material on the existing rear wall of the existing Wal-Mart store. 12. SIDEWALK AND TRAIL CONSTRUCTION: Concurrent with the reconstruction of the driveway on Regional Center Road to the loading area, Developer agrees to reconstruct the sidewalk on Regional Center Road from just west of the driveway to the eastern property line of the property as depicted in the plans. Developer agrees to construct the sidewalk with a minimum six foot boulevard between the roadway and sidewalk. Developer shall complete reconstruction of the sidewalk in accordance with the terms of Exhibit C prior to the issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for the sidewalk reconstruction. 13. 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. 14. 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 pedestrian pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property.All other pole light shall not exceed the height of lighting poles existing on the date of this Agreement. 15. SPECIAL SERVICES DISTRICT: At such time as City requests, Developer shall file a petition with the City of Eden Prairie in form and substance as attached hereto on Exhibit D and hereby consents to the establishment of a special service district by the City under Minnesota Statutes § 428A.01 to 428A.101. Developer waives the right to object under §428A.02, Subd. 4 (1) and (2), the right to appeal establishment of the Special Services District under §428A.02, Subd. 5; the right under §428A.09, Subd 1 to veto an ordinance adopted under §428A.02, Subd. 1 establishing a special service district; provided however notwithstanding the above, Developer does not waive the right to file an objection under §428A.09, Subd 2 to a resolution imposing a service charge or capital improvement charge based on net tax capacity under§428A.03 or otherwise.Developer waive all rights to object to the validity of the special service district, the inclusion of the Development Property within the special service district, or the procedures used by the City in establishing the special service district.Developer hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the establishment of the special service district. Developers shall not sell, assign or otherwise transfers all or any portion of the Development Property to a third party unless such third party agrees in writing to be bound by the terms of this paragraph. An advisory board shall be formed by the City which will include the Developer as a member. 16. PERMANENT EASEMENTS: Prior to issuance of any building permit on the Property, Developer shall deliver in a recordable form for review and approval by the City Engineer, Permanent Easements in the form attached as Exhibit E, in the following locations to accommodate future public improvements: A. A 10-foot wide easement along Singletree Lane as depicted in the Plans. B. A 15-foot wide easement along Regional Center Road as depicted in the Plans. C. An easement for the continuation of Eden Road adjacent to the loading dock access as depicted in the Plans. The easements shall be recorded by Developer upon approval of the easements from the City Engineer. Developer shall file the easements with the Hennepin County Recorder/Registrar of Title, as appropriate and prior to recording of any document affecting the Property, including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Immediately after recording the easements Developer shall submit to the City Engineer proof that the easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. No building permit shall be issued until proof of filing of the easements in accordance with the terms of this Agreement has been furnished to the City. 17. EASEMENT FOR EDEN ROAD [INTENTIONALLY DELETED] 18. EASMENT FOR SINGLE TREE LANE: [INTENTIONALLY DELETED] 19. EASEMENT FOR REGIONAL CENTER ROAD [INTENTIONALLY DELETED] 20. CASH ESCROW: Prior to the issuance of a building permit,Developer shall submit a Cash Escrow in the form attached as Exhibit F for the street and streetscape along Singletree Lane and Prairie Center Drive. The Cash Escrow shall be used to pay Developer's share of costs for said projects in lieu of a special assessment. The Cash Escrow shall be in the amounts stated below for each project identified. The City shall hold the cash escrow in an interest bearing account and all interest earned on said deposit shall be deemed part of the escrow. Developer's share of the costs for each project shall be determined by dividing he total project costs incurred by City, including construction, 9% City administrative fee, land acquisition, engineering and legal fees, by the total lineal front footage of each project multiplied by the lineal front footage identified below for each specific project. If the Developer's share of costs is determined to be less than the amount of the Cash Escrow held by the City, the excess shall be refunded to Developer within thirty (30) days of final payment of all costs for said project. Singletree Lane: 1017.52 LFF x $550/LFF = $559,636 Prairie Center Drive: 267.16 LFF x $250/LFF= $ 66,790 21. TRASH, RECYLING,AND PALLET ENCLOSURES: 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, recycling, and pallet enclosures for the Property. The enclosures shall be constructed with face brick to match the building, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash, recycling, and pallet enclosure plan prior to issuance of any occupancy permit for the Property. 22. OPERATING CONDITIONS OF GARDEN CENTER: Developer acknowledges and agrees to the following operating requirements with respect to the garden center on the Property, as depicted in Exhibit B, attached hereto: A. Goods not on display for immediate sale shall be stored within the main structure on the Property. B. All items for outside display, including, but not limited to, fertilizer, dirt, sand, rock, mulch, railroad ties, landscape timbers, bricks, patio blocks, sod, compost, fencing, hay, straw, manure,unpacked bulk items, including the pallets for such items, and any other such items related to the garden center that are on display for immediate sale shall be stored within the garden center area as depicted in Exhibit B, attached hereto. No materials of any kind shall be visible from any public road nor shall such materials be visible above the height of the fence or screen wall adjoining said garden center, as depicted in Exhibit B, attached hereto. C. No signs shall be allowed on the exterior of the fence or screen wall adjoining said garden center, except as permitted by City Code and as approved by City. 23. OUTSIDE DISPLAY OF GOODS AND MATERIALS: Developer agrees that there shall be no sidewalk displays of materials, goods, supplies, equipment, or any other item, allowed on the Property, except as permitted by City Code, but in no event shall any such display interfere with pedestrian or vehicular traffic, nor shall such display interfere with parking, or be located within any setback area. 24. This agreement supersedes in its entirety the developer agreement between Wal-Mart Stores, Inc and the City of Eden Prairie dated October 1, 1991. 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 WAL-MART REAL ESTATE BUSINESS TRUST By By Its Phil Young Its Mayor By 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 BENTON ) The foregoing instrument was acknowledged before me this day of , 2010, by J. Chris Callaway, the Regional Vice President of Design and Real Estate of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A - LEGAL DESCRIPTION DEVELOPMENT AGREEMENT - WAL-MART Lot 1, Block 1, Walmart 2"'Addition, Hennepin County, MN EXHIBIT B — PLANS DEVELOPMENT AGREEMENT WAL-MART (Attach to the Development Agreement stating the name of each plan or other item included as Exhibit B, the date on the plan(not the date we stamp on it), and the name of the Civil Engineer or Architectural firm.) C-1.01 Title Sheet dated 09/18/99 by McCombs Frank Roos Associates, Inc. (MFRA) C-2.01 Existing Conditions Boundary Plan dated 09/04/09 by MFRA C-2.02 Existing Conditions Topographic Plan dated 09/04/09 by MFRA C-2.03 Tree Inventory List dated 09/04/09 by MFRA C-2.04 Tree Inventory Plan dated 09/04/09 by MFRA C-3.01 A Preliminary Site Plan dated 09/18/09 by MFRA C-4.01 A Preliminary Grading, Drainage &Eros Control Plan dated 9/18/09 by MFRA C-5.01 A Preliminary Utility Plan dated 09/18/09 by MFRA. L-1.01 A Preliminary Landscape Plan dated 09/18/09 by MFRA L-1.02 A Preliminary Landscape Details dated 09/18/09 by MFRA AP 1 Preliminary Floor Plan dated 10/02/09 by Benham AP2 Preliminary Enlarged Floor Plan dated 10/02/09 by Benham EXHIBIT C DEVELOPMENT AGREEMENT-WAL-MART I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of the final site development plan(1"=100'scale)showing existing and proposed contours,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. INTENTIONALLY DELETED IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. INTENTIONALLY REMOVED 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. VII. Developer represents that it has marketable fee title to the Property,except: (See Exhibit G) 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 that to its knowledge 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 or shall submit Consents to the conveyances required in this Agreement from all holders of any mortgage, lien or other encumbrance. Prior to release of the building permit, 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"), except in compliance with applicable law; 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, except in compliance with applicable law; D. That to the best of Developer's knowledge without investigation 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. VIII. 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. IX. INTENTIONALLY DELETED X. 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. XI. 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 or provided to the parties by law or equity is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XII. INTENTIONALLY DELETED XIII. 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. XIV. 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. XV. INTENTINALLYDELETED 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, and property lines. XVI. 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 that are to be completed prior to the commencement of construction have been satisfactorily addressed by Developer. XVII. 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. XVIII. INTENTIONALLY DELETED XIX Prior to building permit issuance,the Developer shall record the Development Agreement at the County Registrar of Titles. XX. 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. XXI The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII 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. EXHIBIT D DEVELOPMENT AGREEMENT —WAL-MART PETITION WAL-MART REAL ESTATE BUSINESS TRUST hereby requests that the City of Eden Prairie,under Minnesota Statutes § 428.08, as follows: That the City hold a public hearing on the adoption of an ordinance to establish a special service district which includes the Development Property; That the City hold a public hearing on the imposition of a service charge based on net tax capacity to be imposed upon the Development Property; and That the City holds a public hearing on the imposition of a service charge other than one based on net tax capacity to be imposed upon the Development Property. WAL-MART REAL ESTATE BUSINESS TRUST By: Its: EXHIBIT E DEVELOPMENT AGREEMENT -WAL-MART PERMANENT EASEMENT Wal-Mart Real Estate Business Trust, a statutory trust organized under the laws of the State of Delaware("Grantor")hereby grants and conveys this day of ,2010 to City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on,over,under and across real property in the County of Hennepin, State of Minnesota and described in Exhibit A,depicted in Exhibit B and made a part of("Easement Parcel"). 1. Uses and Purposes. The Easement shall be for right-of-way and public purposes over, under, across and through the Easement Parcel. Use of the easement may include,but is not limited to, construction, operation and maintenance of roadways, utilities (public and private), trails, sidewalks and associated appurtenances. 2. Nonexclusive. The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to,and shall not interfere with,the Easement without the consent,in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. an , By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF BENTON ) The foregoing instrument was acknowledged before me this day of , 2010, by J. Chris Callaway, the Regional Vice President of Design and Real Estate of Wal-Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F [INSERT CASH ESCROW DEPOSIT AGREEMENT] DEVELOPMENT AGREEMENT - WAL-MART EXHIBIT G [INSERT TITLE ENCUMBRANCES] CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager January 19, 2010 DEPARTMENT/DIVISION: Janet Jeremiah Community ITEM NO.• XIV.B.1. Development Director ITEM DESCRIPTION: Molly Koivumaki Religious Holiday and Diversity Policy Housing and Community Services Requested Action Move to: Approve a Religious Holiday and Diversity Policy. Background Eden Prairie residents practice a variety of faith traditions and the City of Eden Prairie respects the importance of religious holidays in their lives. To encourage civic engagement and to avoid creating barriers to participation in public events and meetings, a policy has been developed which addresses the scheduling of such events on key religious holidays. At the direction of the City Manager, the Human Rights and Diversity Commission(HRDC) undertook a study of religious holidays and has proposed a policy and a list of key religious holidays to help guide City Council, City staff and Commissions when scheduling events and meetings. The HRDC sought the opinions of religious and academic experts to determine if the selected religious holidays accurately reflect those celebrated by community members. To accommodate the major religions in Eden Prairie, the calendar will include the following 11 holidays: Holi, Good Friday, Easter, Passover, Rosh Hashanah, Eid ul-Fitr, Yom Kippur, Durga Puja, Diwali, Eid al-Adha and Christmas. Attachments Policy 2010 Calendar Religious Holiday and Diversity Policy EDEN PRAIRIE I IV=•WDRK•ORFAM The City of Eden Prairie respects the importance of religious holidays in the lives of Eden Prairie residents. Out of respect for different religious traditions: 1. City staff shall prepare an official calendar of religious holidays and present it to the City Council for approval at the Council's annual organizational meeting in January. 2. City Council, Commissions and City staff shall not schedule public meetings or special events on dates which conflict with the calendar of religious holidays as approved by the City Council. 3. City staff shall employ their best efforts when scheduling regular programs, practices and other City-related activities to avoid dates which conflict with the official calendar of religious holidays whenever practicable. 4. The official calendar of religious holidays will include the following 11 holidays: Holi, Good Friday, Easter, Passover, Rosh Hashanah, Eid ul-Fitr, Yom Kippur, Durga Puja, Diwali,Eid al-Adha and Christmas. 2010 Religious Holidays (updated December 15,2009) Holiday Date Holi February 28-March 1 (Sunday-Monday) Good Friday April 2 (Friday) Easter April 4 (Sunday) Passover March 30-31 (Tuesday-Wednesday) Rosh Hashanah September 9-10 (Thursday-Friday) Eid ul-Fitr September 10 (Friday) Yom Kippur September 18 (Saturday) Durga Puja October 17 (Sunday) Diwali November 5 (Friday) Eid al-Adha November 17 (Wednesday) Christmas December 25 (Saturday) CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager January 19, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Scott H. Neal, City Manager 2010 Budget Reduction Requested Action Move to: Approve City Manager's proposal to reduce approved 2010 General Fund spending by $250,000. Synopsis The Council's final approval of the 2010 budget included a direction to further reduce 2010 General Fund spending by$250,000. The Council directed me to prepare a plan for making that reduction and to present that plan to the Council for approval at the January 19 Council meeting. I have prepared a budget reduction plan that meets the Council's $250,000 reduction target. The plan reduces Facilities Internal Service Fund and the Information Technology Internal Service Fund each by$50,000. This reduction will allow each fund to reduce its internal charges to the General Fund operating budgets by a total of$100,000. Both internal service funds (ISFs) ended 2009 with fund balances sufficient to allow this reduction because both ISFs had major projects that came in under budget. The operating impact of this action is minimal. The plan also implements an across-the-board reduction to General Fund departmental budgets of 0.4%. The cumulative impact of a 0.4% across-the-board reduction in our General Fund is $150,000. I do not generally advocate across-the-board budget reductions,but I believe the scale of this reduction is so minor that devoting a great deal of staff time to creating a strategic reduction instead of the across-the-board reduction would be a misapplication of our staff time. The operating impacts of making a relatively small across-the-board budget reduction in the General Fund are minor. I have asked Department Directors to give me examples of what they will do with their operations to accommodate this reduction. I will share a list of reduction examples at the Council meeting. There will be no significant change in our service levels associated with this budget reduction. I recommend the Council approve this action. CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager January 19, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.3. Scott H. Neal, City Manager Fire Relief Association Update Synopsis At the November 17 joint meeting of the City Council and Budget Advisory Commission(BAC), the Council expressed its support of the following BAC recommendation concerning the Eden Prairie Fire Relief Pension Association: "The BAC recommends that the City Council, staff, and the Firefighter Relief Association review the various pension plans available for the volunteer fire service. Determine which plan(s) provide stability and consistency for the required City contributions and a fair benefit to volunteer firefighters. The BAC also recommends that the City and the Firefighter Relief association review the objectives, time horizon, and risk tolerance of the Fire Relief Investments to determine that Fire Relief Association and City objectives are met." The Council could initiate this discussion by establishing an external working group of stakeholders that might consist of Council Members, BAC members, firefighters and Relief Association Board members. Or, the Council could also initiate the discussion internally on the Relief Association Board itself through its two voting members on the Board. The latter strategy might prove more effective as any change to the Relief Association's benefit structure will ultimately require the cooperation and support of the Relief Association Board. There is no requirement for the Council to act on this item. I am raising the matter for discussion as a follow-up to the concerns expressed by the Council and BAC during this year's budget process.