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HomeMy WebLinkAboutCity Council - 04/19/2011 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 19, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, 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. HISTORICAL SOCIETY UPDATE Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 19, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, 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. HENNEPIN COUNTY LIBRARY UPDATE B. TOUR DE TONKA PRESENTATION C. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2011 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 15, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS C. AWARD CONTRACT FOR COMMUNITY CENTER STANDBY GENERATOR D. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD ATHLETIC FIELD EXPANSION CONSTRUCTION SERVICES CITY COUNCIL AGENDA April 19, 2011 Page 2 E. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RICE MARSH LAKE TRAIL CONSTRUCTION SERVICES F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING SERVICES AT FLYING CLOUD FIELD EXPANSION PROJECT G. AWARD CONTRACT FOR 2011 STREET STRIPING TO AAA STRIPING SERVICE COMPANY H. AWARD CONTRACT FOR 2011 BITUMINOUS CRACKSEALING TO PRECISION SEALCOATING INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF MITCHELL ROAD SOUTH OF CSAH 1 (PIONEER TRAIL) J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2011 WATER QUALITY MONITORING PROGRAM K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF INC. FOR FINAL DESIGN AND CONSTRUCTION SERVICES FOR REPAIR OF THE NEILL LAKE BERM L. AWARD CONTRACT TO REPLACE METAL ROOF AT CITY CENTER BUILDING TO JOHN A DALSIN AND SONS ROOFING M. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINE (ATM)AT CITY CENTER AND COMMUNITY CENTER N. APPROVE 2010 UNBUDGETED FUND TRANSFERS O. APPROVE PROCLAMATION FOR STANDUP FOR KIDS FOUNDATION IX. PUBLIC HEARINGS/MEETINGS A. WEDDING DAY DIAMONDS by Tanek, Inc. Planned Unit Development Concept Amendment on 0.69 acres, Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres. Location: 8320 Crystal View Rd. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) B. REDSTONE AMERICAN GRILL by Jim Sultany. Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, and Zoning District Amendment within the Commercial Regional CITY COUNCIL AGENDA April 19, 2011 Page 3 Service Zoning District on 2.97 acres.Location: 8000 Den Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE,ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Readers Digest Donation—Mayor Tyra-Lukens B. REPORT OF CITY MANAGER 1. Earl Willford Award C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Modification of Housing Rehab Loan Repayment Agreement 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. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION XVII. ADJOURNMENT ANNOTATED AGENDA DATE: April 15, 2011 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 19, 2011 TUESDAY, APRIL 19, 2011 7:00 PM, COUNCIL CHAMBER I. ROLL CALL /CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY LIBRARY UPDATE Dillon Young, Head Librarian at Eden Prairie Library, will present an update for the Council. B. TOUR DE TONKA PRESENTATION Tim Litfin with Minnetonka Continuing Education will give an overview of the upcoming Tour de Tonka. C. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens will read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA April 19,2011 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS C. AWARD CONTRACT FOR COMMUNITY CENTER STANDBY GENERATOR D. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD ATHLETIC FIELD EXPANSION CONSTRUCTION SERVICES E. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RICE MARSH LAKE TRAIL CONSTRUCTION SERVICES F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING SERVICES AT THE FLYING CLOUD FIELD EXPANSION PROJECT G. AWARD CONTRACT FOR 2011 STREET STRIPING TO AAA STRIPING SERVICE COMPANY H. AWARD CONTRACT FOR 2011 BITUMINOUS CRACKSEALING TO PRECISION SEALCOATING INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF MITCHELL ROAD SOUTH OF CSAH 1 (PIONEER TRAIL) J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2011 WATER QUALITY MONITORING PROGRAM K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF INC. FOR FINAL DESIGN AND CONSTRUCTION SERVICES FOR REPAIR OF THE NEILL LAKE BERM ANNOTATED AGENDA April 19,2011 Page 3 L. AWARD CONTRACT TO REPLACE METAL ROOF AT CITY CENTER BUILDING TO JOHN A DALSIN AND SONS ROOFING M. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINE (ATM) AT CITY CENTER AND COMMUNITY CENTER N. APPROVE 2010 UNBUDGETED FUND TRANSFERS O. APPROVE PROCLAMATION FOR STANDUP FOR KIDS FOUNDATION IX. PUBLIC HEARINGS/MEETINGS A. WEDDING DAY DIAMONDS by Tanek, Inc. Planned Unit Development Concept Amendment on 0.69 acres, Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres. Location: 8320 Crystal View Rd. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the April 7, 2011,Eden Prairie News and sent to 20 property owners. Synopsis: This project is a 3,224 square foot mezzanine addition to the existing building. The mezzanine level is above the existing parking lot. Based on the total square feet for the building a total of 33 spaces are required. The plan shows 33 spaces. The building meets the exterior material requirements for 75% face brick, glass, and natural stone. Rooftop mechanical screening and brick trash enclosure are proposed. The 120-Day Review Period Expires on July 1, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 0.69 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. REDSTONE AMERICAN GRILL by Jim Sultany. Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres.Location: 8000 Den Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) ANNOTATED AGENDA April 19,2011 Page 4 Official notice of this public hearing was published in the April 7, 2011, Eden Prairie News and sent to 16 property owners. Synopsis: This project is a 1,000 square foot banquet room addition to the existing building. The project requires two waivers: • A shoreland setback waiver from 200 feet to 110 feet. • An impervious surface waiver from .734 to .737 or 389 square feet. In 2001 the City granted a shoreland setback waiver to 60 feet for the existing building. Reasons to consider the waiver are that the addition is further from the lake than the existing building; and the proposed setback is consistent with other setbacks for existing buildings adjacent to the lake. In 2001 an impervious surface waiver was granted based on mitigation which was the construction of a treatment pond. The plan has been revised to increase the stormwater pond size to show mitigation for increased impervious surface. The 120-Day Review Period Expires on July 15, 2011. The Planning Commission voted7-0 to recommend approval of the project at the March 28, 2011 meeting. MOTION: Move to: - 1 • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 2.97 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Grading Permit for Redstone American Grill project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 14, 2011, as approved by the City Council; and • Approve and Authorize Issuance of a footing and foundation permit for the Redstone American Grill project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated April 14, 2011, as approved by the City Council. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE, ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL Official notice of this public hearing was published in the April 7, 2011,Eden Prairie News. ANNOTATED AGENDA April 19,2011 Page 5 Synopsis: This code amendment is adding cast stone, cultured stone, architectural precast, and precast concrete panel to the list of exterior materials in the 75% category in Commercial, Office, Town Center, High Density and Public Zoning Districts. The reasons for doing this are as follows: • Looks like real stone. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to amend City Code Section chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural precast and precast concrete panel; amending section 11.03, subdivision 3. k relating to architectural standards; and adopting by reference city code chapter 1 and section 11.99, which among other things contain penalty provisions. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Readers Digest Donation—Mayor Tyra-Lukens Synopsis: The Reader's Digest"We Hear You America"made a stop at City Center on April 13 to present a$1,000 "stimulus"to the City. Reader's Digest hit the road for a 100-city RV tour on a journey designed to showcase the "Best in America"in January. The cross-country trek is taking the RV through 100 towns in 100 days, providing promotional and financial stimulus to help cities counter the quality of life cuts triggered by the economic downturn. MOTION: Move to accept the donation from Readers Digest in the amount of $1,000. ANNOTATED AGENDA April 19,2011 Page 6 B. REPORT OF CITY MANAGER 1. Earl Willford Award Synopsis:_On Wednesday, April 13, the City of Eden Prairie received the Earl Willford Labor Management Cooperation and Partnership Award. Each year the Twin City Area Labor Management Council (TCLMC)presents this award at their annual meeting. This Award is named to honor the memory and work of Earl Willford, who was the Director of the Twin City Area Labor Management Council Labor Management Programs at the Minnesota Bureau of Mediation Services. At the Council meeting I will provide a brief summary of the award we have received for this year. No action is requested. This is an informational item. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Modification of Housing Rehab Loan Repayment Agreement Synopsis: For over 20 years the City's Housing Rehab Loan program included a 5% simple interest rate which accrued for a period of ten years. Staff is recommending eliminating the interest as it is no longer competitive and may be stifling homeowner participation because lower interest rates are available elsewhere. Also, the value of the repairs and improvements (e.g., new roof shingles) tend to depreciate over time, while the interest results in a higher repayment than the cost of the original rehabilitation. The Rehab Loan Program utilizes federal CDBG funds and repayments from previous loans. There are currently 72 rehab loans open. Of those, 15 no longer accrue interest. The remaining 57 would cease accruing interest as of the date of Council action. Rehab loan holders would be notified of the change in the terms and asked to sign a loan modification statement. The Repayment Agreement would be modified to eliminate the accrual of interest. Future loans would not be subject to interest. A comparison of rehab loan programs: Housing Rehabilitation Loan Programs Maximum Interest Forgivable Eden Prairie $30,000.00 5% No Minnetonka $20,000.00 0% Yes/10yrs Plymouth $20,000.00 0% Yes/20yrs Bloomington $35,000.00 5% No Richfield $30,000.00 0% No Woodbury $25,000.00 3% No St Louis Park $20,000.00 0% Yes/15yrs ANNOTATED AGENDA April 19,2011 Page 7 MOTION: Move to: Approve the modification of the Housing Rehab Loan Repayment Agreement, which eliminates the 5% interest rate. 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. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.C. PROaA 914A VOW ARBOcR JAT— May 7, 2011 City of Eden Prairie Hennepin County, Minnesota tr 4, 1 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day,was first observed with the planting of more than a million trees; and WHEREAS,Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper,wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees,whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 7, 2011, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on April 19, 2011. Nancy Tyra-Lukens, Mayor ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 15, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: Interim City Manager Jay Lotthammer, 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 MPCA STAFF: Jeff Lewis, Doug Day, Peter Tiffany, and Tom Newman Heritage Room II I. FLYING CLOUD LANDFILL UPDATE WITH MPCA Jeff Lewis presented an update to the City Council on the Flying Cloud Landfill. Lewis said the MPCA's Closed Landfill Program (CLP) was created in 1994 as an alternative to the Federal Superfund cleanup program. The CLP currently manages 112 closed landfills, including Flying Cloud Landfill. Lewis reviewed the history of Flying Cloud Landfill, including court proceedings that resulted in the landfill being closed in 1988. He said the gas extraction system was expanded in 1992, and the current cover was completed in 1993. In 1995, BFI and the MPCA entered into a binding agreement in which BFI retained ownership of the 240 acre landfill, maintained gas rights and continued business operations on-site. The MPCA retained long-term care responsibility for the landfill. Lewis said the MPCA began transfer of the Flying Cloud Landfill property(except for the 24-acre parcel on which BFI maintains business operations) and gas rights to the State of Minnesota in 2010. Lewis said the Flying Cloud Landfill was closed quickly, and the cover slopes are inadequate. Differential settling is causing ponding and has disrupted gas collection. Lewis said the MPCA must perform remediation work at the Flying Cloud Landfill in the near future. This will involve peeling back the top layer of soil, consolidating the waste footprint, resloping the cover to facilitate drainage, installing a synthetic cover and new gas extraction system, and seeding of the area with permanent grasses. He estimated this work will take about 12 months to complete. City Council Workshop Minutes March 15, 2011 Page 2 Lewis said the MPCA also needs to address issues at the Hopkins Landfill, which was closed in 1980. It is considered a high risk site because multiple residences are within 90 feet of the waste area. The active gas system is deteriorating and the landfill has a permeable cover. Lewis said MPCA contracted with Wenck Associates in 2010 to evaluate remediation alternatives at the Flying Cloud and Hopkins landfills. Lewis said two acceptable alternatives were identified. The first alternative involves consolidating the waste foot print at both the Flying Cloud and Hopkins sites, installing synthetic covers over each footprint, and installing gas collection systems at each landfill. The estimated cost for this alternative is $20.5 million. The second alternative involves consolidating the waste footprint at Flying Cloud, moving the waste from the Hopkins Landfill to Flying Cloud, and installing a synthetic cover and active gas collection system at Flying Cloud. This alternative will cost about $27.2 million. Although this alternative is more expensive, the MPCA expects to make up the difference in operations and maintenance savings over the long term. Lewis said the MPCA has the authority to consolidate the waste already at the Flying Cloud Landfill, and they have determined this work must be completed in the near future. City Council approval would be required to move the Hopkins waste to Flying Cloud. He said moving the Hopkins waste to Eden Prairie would add two months to the project schedule. Lewis said moving the Hopkins waste to Eden Prairie would free up 37 acres of developable land in Hopkins. He noted that the site is very close to the proposed LRT line. Consolidating the two waste sites would also result in generation of enough gas at Flying Cloud to produce energy. Council Member Case asked whether or not landfill mining is feasible. Lewis said in most cases waste is mixed in with such a large volume of dirt that it is very difficult to extract usable materials. Florida is one of only two states that have mined landfills and it has been very costly. Council Member Nelson asked what toxins and contaminants are in the landfills, and what dangers they might pose when exposed. She also asked about odors. Peter Tiffany said he expects there will be odors from the exposed waste, but it is more of a nuisance issue rather than a health risk. The MPCA will stage the work so that as much work as possible is completed in the winter when odors will be less of a problem. Nelson asked how many truck loads would be involved in moving the Hopkins waste to Flying Cloud. Tiffany said it would require about 115 truck round trips per day for the duration of the project. Nelson asked if there would be odors from the trucks. Tiffany said there would be odors. Council Member Butcher Wickstrom said she was a Council Member in the late 1980s when the landfill controversy took place. She said many people who lived in Eden Prairie at that time still have strong negative feelings about the landfill. Butcher also said City Council Workshop Minutes March 15, 2011 Page 3 dangerous contaminants were found in some wells at that time. She asked what the situation is today. Lewis said contaminants do not exceed drinking water standards. Rosow asked if the MPCA's proposed work would include pulling back waste from the bluffs. Lewis said waste would be pulled back from the boundary, and the bluff would have to be rebuilt. Council Member Case asked why the people of Eden Prairie would want to agree to taking waste from Hopkins Landfill. Lewis said there is no specific benefit to Eden Prairie; however, Flying Cloud Landfill will have to be opened in any case. Council Member Aho asked if there are any alternatives to opening the landfill and doing all of the work at one time. Lewis said one option that was studied involved bringing in fill to build up the slopes; however, this alternative was found to be cost prohibitive. Mayor Tyra-Lukens said she feels this topic requires more discussion. She has many questions she would like to have answered before making any kind of decision. Council Member Case suggested scheduling another workshop on this topic. II. FLOOD PREPARATION UPDATE Mayor Tyra-Lukens asked Fire Chief Esbensen to address this topic during the City Council meeting, since they were running short of time during the Workshop. Council Chamber III. OPEN PODIUM A. John Mallo Mr. Mallo addressed the City Council on concerns he has with equipment use at the woodworking shop at the Senior Center. Mallo also presented some issues he has regarding funding for the Veterans Memorial. Interim City Manager Jay Lotthammer noted that he and the Mayor have scheduled a meeting with Mr. Mallo on Friday to discuss his concerns. Council Member Nelson also offered to attend this meeting. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 15, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: Interim City Manager 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 Tyra-Lukens called the meeting to order at 7:05 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Tyra-Lukens thanked Cub Scout Pack 597, sponsored by St. Andrews Lutheran Church, for presenting the colors. III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE Jeanne Zetah, Sue Stewart and Molly Koivumaki provided an update of the current Eden Prairie Reads selection, Outcasts United, a book about refugee soccer players. Ms Zetah said there will be a panel presentation on April 26 in the Heritage Room at City Center with four panelists from different countries who will discuss their experiences as refugees in this area. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Lotthammer added Item XIV.B.1. Update on Health Insurance MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. XIV. REPORTS G. REPORT OF FIRE CHIEF (Taken out of sequence) Tyra-Lukens said our hearts go out to the people of Japan as their government deals with the crisis there. CITY COUNCIL MINUTES March 15,2011 Page 2 Chief Esbensen distributed copies of the Flood Response Policy for Eden Prairie. He said the last major flood event was the 1987 storm when we received a total of 16-17 inches of rain. He said this year we expect Hwy 61 west of Lions Tap to close as well as Riverview Road. The Nine Mile Creek Watershed District looked at the potential impact on Bryant Lake and,based on a series of assumptions, identified several properties there that have potential for flooding. He reviewed the location of those properties and said we have an inventory of sandbags, sand, and poly that could be used to help protect the properties. He said the City would supervise the construction of levees but would not provide the labor. Esbensen said we will mail information to those in the Bryant Lake neighborhoods who have private water wells. Tyra-Lukens asked if we have emails for people who live in that area. Esbensen said we are looking at the Code Red system to see if we have information on these properties. Tyra-Lukens thought it was wise to use the Code Red system and it may encourage people to sign up for the system. Nelson asked if the City has responsibility for getting rid of the polluted sand if sandbags are needed. Esbensen said our policy talks about the residents bringing the bags back to the curb line. Nelson asked if we have any idea of the cost to do that. Dietz said we would not incur a great deal of cost, and there is a demolition landfill in Shakopee where we could dispose of the sand. Nelson said she has received emails about flood insurance and asked if people need to worry about that here in Eden Prairie. Esbensen said our building code specifies a building should be a foot or two above the 100-year flood level. He said this model is one possible scenario and if we get a different one the situation would change. He noted Bryant Lake does not flood regularly so this is taking a worst case scenario. He said each homeowner needs to make the decision to determine what their level of risk is. The City can't make absolute statements about the need for flood insurance. Case said some residents have had situations with NURP ponds where the water came within 10-15 feet of backyards. He asked if we have a list of problematic areas from the last ten years so we could mail information to those residents. Esbensen said the Public Works Department is very diligent in tracking those situations. Butcher Wickstrom thanked Mr. Esbensen for being very forward thinking and proactive on this. She was happy that we have trained our CERT volunteers to respond to situations like this. She thought it would be good to put the information on the website so people are aware of it. Esbensen said we have not yet put it on the website pending the Council's approval of the policy. Lotthammer said the policy somewhat falls under some of our standard operating procedures; however, in the past we have had the policies concurred with by motion of the City Council. CITY COUNCIL MINUTES March 15,2011 Page 3 Aho said this is based on a possible scenario, and there is no way to perfectly predict what will happen. He understood it is good for the City to say we will provide sandbags and materials and help coordinate the efforts. His concern is that if something did happen that was truly extraordinary and affected a large number of properties, we may be putting ourselves at risk where we may not be able to provide materials and expertise to all the properties. Esbensen said they have ramped up their sandbag inventory by a factor of three. There are all kinds of wild card scenarios where we wouldn't have enough sandbags. Aho said his only concern is that we may be putting the City at risk if we state our policy is to provide materials and we then get caught short. Tyra-Lukens asked if Mr. Aho was suggesting that the policy should have some caveat regarding the sandbag material being available for those properties that are identified as possible flooding locations. Aho thought there should be some way to put a limit on our liability. Rosow said the policy could be modified so that the Director of Emergency Management is designated as the responsible authority in the City to manage distribution of sandbags and sand materials and state that the City will endeavor to provide materials to the extent possible within its resources, including financial. Dietz said in his 30 years with the City we have never had spring flooding as a result of snow melt. This scenario could happen, but this is based on a ten-day snow melt with a record April rainfall on top of it. He maintained that we were tested by the super-storm and we should not think doomsday. The drainage system in Eden Prairie was based on a Comprehensive Guide Plan that assumed we would grow to 100,000 in population so we have a level of conservative design in the system. We had very little flooding in the super-storm of 1987. He thought it is important to have these plans in place. The only modeling that has been done for snow melt is this one for the Nine Mile Creek Watershed District. There are some areas that we repaired after the 2005 rains and there has been very little flooding since that time. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the Flood Response Policy with the modifications suggested by City Attorney Rosow. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, March 1, 2011, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 1, 2011 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, March 1, 2011, as published. Motion carried 5-0. CITY COUNCIL MINUTES March 15,2011 Page 4 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 3-2011 AMENDING CITY CODE 11.03 RELATING TO MINIMUM WIDTH OF LOTS AT THE RIGHT- OF-WAY LINE AND ADOPT RESOLUTION 2011-28 APPROVING SUMMARY ORDINANCE C. EDEN POINTE PARKING LOT EXPANSION 2010 by Liberty Property Limited Partnership. Second Reading of Ordinance 4-2011 for Zoning District change from Regional Commercial to I-2 on 2.98 acres and Resolution 2011-29 for Site Plan Review on 5.82 acres Location: 7300 & 7400 Flying Cloud Drive. (Ordinance No. 4-2011 for Zoning District Change,Resolution No. 2011-29 for Site Plan Review) D. AWARD THE BID FOR THE CONSTRUCTION OF THE RICE MARSH TRAIL TO MINNESOTA DIRT WORKS E. APPROVE DECLARATION OF RESTRICTIONS AND COVENANTS ON HAWTHORNE OF EP OUTLOT F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT G. APPROVE ENVIRONMENTAL LEARNING CENTER REPAIRS H. AWARD 2011 MAINTENANCE MATERIALS CONTRACT I. ADOPT RESOLUTION NO. 2011-30 APPROVING TWO CONTRACTS WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW (ICWC) J. ADOPT RESOLUTION NO. 2011-31 RELATING TO THE ISSUANCE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A K. ADOPT RESOLUTION NO. 2011-32 RELATING TO THE ISSUANCE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B L. ADOPT RESOLUTION NO. 2011-33 CALLING FOR A PUBLIC HEARING MAY 3, 2011 TO CONSIDER MODIFICATIONS TO TAX INCREMENT FINANCING(TIF) DISTRICT #15—SUMMIT PLACE SENIOR APARTMENTS CITY COUNCIL MINUTES March 15,2011 Page 5 MOTION: Aho moved, seconded by Case, to approve Items A-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RIDGE AT RILEY CREEK 4Tx ADDITION by JMS Custom Homes, LLC. Planned Unit Development Concept Review on 0.65 acres, Planned Unit Development District Review on 0.65 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres, and Preliminary Plat of 0.65 acres for two single family lots. Location: 9707 Sky Lane. (Resolution No. 2011-34 for PUD Concept Review, Resolution No. 2011-35 for Preliminary Plat) Lotthammer said official notice of this public hearing was published in the February 17, 2011,Eden Prairie News and sent to 19 property owners. Jeremiah said this is a little unusual as it was just reviewed by the Planning Commission at their meeting last night. The unapproved minutes from that meeting are printed on goldenrod paper for the Council's review. She said the City made an error in the property noticing on this project, and in order to give the residents enough time to come out and be heard, the Planning Commission's hearing of the item was delayed until last night. She said there was some discussion at the Planning Commission meeting regarding how construction access would be handled, and the current thinking is that it would be along Sky Lane. She said the lot meets all the requirements with regard to zoning. Dietz said the whole issue of access is a dilemma for us. The development agreement has two solutions: one is for the developer to provide access through the MAC property and the other is that Eden Prairie Road/Beverly Drive/Sky Lane would be overlaid. He noted there would be rent for access through the MAC property. At some point as additional property is developed, we will have to make a decision on this. Jeff Schoenwetter, JMS Custom Homes, said his company has been very active in Eden Prairie over the past 25 years. There are only 18 lots left in Riley Creek, and they continue to try to do great things for the community. He said this project was approved by a unanimous vote of the Planning Commission, and it also received a favorable recommendation in the staff report. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2011-34 for Planned Unit Development concept review on .65 acres; to approve 1st reading of the ordinance for Planned Unit Development district review, and zoning district amendment within the R1-13.5 Zoning District on 0.65 acres; to adopt Resolution No. 2011-35 for preliminary plat on .65 acres into 2 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES March 15,2011 Page 6 X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Update on Health Insurance (Taken out of sequence after Item C.2.) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. First Time Homebuyer Down Payment Assistance Jeremiah said in 2010, the Eden Prairie City Council approved a plan to use $50,000 in CDBG funds to assist with the acquisition of affordable housing for income eligible families,with a preference given to veteran, active duty or retired military personnel. In researching options to assist potential homebuyers, staff discovered the need for down payment assistance was the most likely barrier keeping residents from purchasing homes. Staff would like to tweak the program and are proposing the First Time Homebuyer Down Payment Assistance Program that will provide a deferred, zero interest loan of up to $25,000 to assist with down payment costs, closing costs and principal reduction, which are all in accordance with HUD requirements. The program will use the $50,000 allocation, plus an additional $150,000 in program income to assist home buyers. The loan is repayable when the property is sold, is no longer the borrower's principal place of residence, or after 30 years has passed. She said there will be preference points for living or working in Eden Prairie and for a family with children. Nelson said she assumed the people that would be eligible for this would be fully capable of paying it back. Jeremiah said there would be a substantial process that the applicants would have to go through in order to prove they meet the eligibility requirements and are able to pay back the loan. She said we would collaborate with CAPSH the organization that coordinates our car repair program. Their staff would meet one-on-one with the prospective homeowner and would make a recommendation with respect to the CITY COUNCIL MINUTES March 15,2011 Page 7 readiness of the applicant. They also provide a training program on the responsibilities of home ownership, the need to maintain insurances, and the responsibilities with regard to the program. Nelson asked if we have looked at putting our volunteer firefighters in the point preference. Jeremiah said we have not discussed that,but we did discuss putting in a veteran's preference, and some of the volunteers are veterans. She said we have handled it more through marketing and have marketed the program a lot to our volunteers and police staff. Case asked what the income qualification levels are. Jeremiah said it ranges from a maximum of$64,400 for a family of four to a maximum of$45,100 for a household of one. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the use of CDBG funds for a First Time Homebuyer Down Payment Assistance Program. Motion carried 5-0. 2. Housing Improvement Areas Jeremiah said they have been working on a financing tool called a Housing Improvement Area(HIA), which is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. She said it is particularly helpful with regard to maintaining town home and condominium properties when they are having problems coming up with money for maintenance in their common areas. This tool is initiated by the owners of the property, and 50% of the owners must sign the petition. It can be vetoed by 35% of the owners. It uses the City's resources with regard to borrowing to provide low interest money to make the required improvements to the property. The individual homeowners would then pay it back through a fee on their property tax statements. This gives them the opportunity to finance it over a period of time and gets the property maintained so their values are maintained. She said no action is requested tonight; however, it would require a public hearing and would be in ordinance format when they do bring it forward. B. REPORT OF CITY MANAGER 1. Update on Health Insurance Lotthammer said we have been trying to contain costs, and we just had bids come back in response to our RFP. Three companies met our qualifications: Health Partners, Medica and BlueCross/Blue Shield. Health Partners and Medica came back with a 14% increase, and BlueCross/BlueShield came back at 24%. Staff has met with the consultants on this and believe we can work with Health Partners to reduce the 14% down to 12%, which fits what we have budgeted. CITY COUNCIL MINUTES March 15,2011 Page 8 Lotthammer said this obviously isn't sustainable long term so we have been discussing how we might approach this for the long term. He noted we agreed in our union contract to not make changes in the coming year. Over the last several years we have eliminated our highest option plan and introduced a high deductible. We have increased co-pays on prescription drugs and office visits and have initiated our"Way-to-Go"program. Unfortunately, our claims experience has been running at 145% of what we have been contributing. He said we have been looking at an option where employees take risk assessments by the health care provider to help lower costs. He said we have talked about options with our consultants and have been working with an employee group to get their feedback. Lotthammer said we believe we have legitimate pricing coming back to us, but staff believes long-term we need to relook at this to make sure we stay competitive. He said staff will come back at a later date after doing more research to give a better idea of the plans we would recommend. Nelson said she asked the question last fall about why we weren't looking at more of a cafeteria type plan where employees can pick and choose benefits. She knows of other cities that use that, and many corporations are going to that. She would like to see that included in what we are looking at. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bid for Flying Cloud Athletic Fields Lotthammer said staff is asking the Council to let us go forward with a contract for construction of the expansion of the Flying Cloud Athletic fields. He said there is $1,200,000 remaining from the 2005 referendum to fund the construction, so all the construction can be accommodated from referendum dollars. He said there were 16 bidders ranging from $1,200,191.77 to $1,883,612.00. The consultant and staff are recommending the contract be awarded to the lowest bidder, Chard Tiling and Excavating, Inc. There is a parcel on the MAC property adjacent to our site that needs grading, and that was included as a separate line item so the costs can be segregated. The MAC will reimburse us for that cost, which is about $19,000. He said construction will probably start in late April or early May with construction continuing this season and next. The fields should then be in shape for play in 2013. Case said he didn't recall ever seeing any clear details of the grading. He said the current parking area is on the most westerly side and it then drops off very steeply after that. The trees near there are not particularly special but they do make a nice break, He asked if there is any way to keep the trees if it doesn't interfere with grading. Lotthammer said because of the amount of cut and fill we need to make, it will not be possible to keep the trees. Case said he was talking about the trees on the ridge near the parking lot. Lotthammer said some of those can stay. Case said there are 100's of them CITY COUNCIL MINUTES March 15,2011 Page 9 along that ridge, and he thought we could keep some of them. It would provide a nice break between the current parking lot and the new area. MOTION: Case moved, seconded by Nelson, to award the bid for the construction of the Flying Cloud Athletic Field expansion to Chard Tiling and Excavating, Inc. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS On behalf of the entire Council, Tyra-Lukens expressed her appreciation and thanks for the great job Mr. Lotthammer has done as Interim City Manager. XVI. CLOSED SESSION TO DISCUSS REAL ESTATE NEGOTIATION Rosow said the Council will go to closed session to discuss a counter offer for the purchase of the Rogers property on Duck Lake Trail. He said the meeting will be tape recorded, and the tape recording will be preserved for eight years after the meeting. The recording will be made available to the public after all the real property discussed at the meeting has been sold or purchased. The Council moved to closed session at 8:15 PM. The Council returned from closed session at 8:32 PM. MOTION: Aho moved, seconded by Butcher Wickstrom, to pass on the opportunity to purchase the property at Duck Lake Trail. Motion carried 5-0. XVII. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 5- 0. Mayor Tyra-Lukens adjourned the meeting at 8:34 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Bent Creek Golf Club 14490 Valley View Road Gambling (Bingo) Organization: Eden Prairie Lions Club Place: Round Lake Park/EP Community Center Parking Lot Date: June 3-5, 2011 (Schooner Days) Raffle Organization: Foundation for Eden Prairie Schools Place: Olympic Hills Golf Club Date: May 16, 2011 Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 3-5, 2011 Place: Round Lake Park&EP Community Center Temporary Beer Organization: Eden Prairie Lions Club Event: Eden Prairie 4th of July Date: July 4, 2011 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 6, 2011 Place: Round Lake Park - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. George Esbensen, Fire Chief Approve Amendment to Fire Relief Association Bylaws Requested Action Move to: Approve the amendment to Eden Prairie Firefighter Relief Association Bylaws. Synopsis State law requires that the City Council approve amendments to the Fire Relief Association Bylaws which increases or otherwise affect the retirement coverage provided by or the service pensions or retirement benefits payable from any relief association. Pursuant to state law, changes to the Firefighter R elief A ssociation Bylaws which increases or otherwise affect the retirement coverage provided by or the service pensions or retirement benefits payable from any relief association must receive the approval of the City Council. Prior to City Council approval, the estimated change to the plan liability must be estimated by the Association's actuary and provided to the City Council. Bylaw Article IX Section 3 Item 2 would be changed to read as follows: Lump Sum Pension:A lump sum service pension shall be calculated by multiplying 4-00150 times the monthly service pension to which a member would have been entitled. Currently at retirement, a member has two choices which are irrevocable once made: 1) Receive a monthly benefit payment until death of$56 x years of service: • If a participant has 15 or more years of service, they receive any increase to the $56 amount when they are approved in the bylaws. • A surviving spouse receives 2/3 the monthly benefit until death (assuming no children under 18). 2) A lump sum amount of currently 100 (proposed in this amendment to increase to 150) x their monthly benefit. This is the end of the participant's involvement in all pension plan benefits. • A participant of over 15 years of service does not receive any extra benefit if there is a later increase. • There is no survivor benefit. The participation rate in the lump sum option has been 0% over the last five years because of the economic differential in the two benefits. The lump sum is preferable for the sponsors of pension plans because of the greater costs, risks and complexities of the monthly benefit option together with the complete separation of a lump sum participant from the pension plan. The adoption of this change will result in a reduction in the plan liability of approx. $400,000 and a reduction in the 2013 City/State contribution of approx. $30,000 assuming no change in other assumptions or investment returns. Even with the increase in the lump sum amount, the lump sum option is still actuarially lower than the corresponding monthly benefit option, and with the participation rate likely to increase from 0%to 30%, there will be an actuarial and economic reduction in the plan liability and corresponding reduction in contributions. Attachments Email from Association's Actuary of Liability Change Actuarial Valuation Report Article 9—Fire Relief Bylaws Article IX - Pension Benefits 1. Active Duty and Age Requirements To be eligible to receive a service pension, a member must meet all of the following requirements: a) Be at least 50 years of age. b) Has separated from active service with the Fire Department. c) Has completed at least 10 years of active service with such Fire Department before retirement. d) Has been a member of the Association in good standing at least 10 years prior to such retirement. 2. Deferred Member A member of the Association, who has performed active service of ten years or more, but has not reached the age of 50 years, shall be placed on the deferred pension roll of the Association. After they have reached the age of 50 years, the Association shall, upon their application therefore, pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX, Section 3. 3. Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: 1) Monthly Service Pension: Effective 01/01/2005 — A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1536.00. Effective 01/01/2006 — A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1600.00. Effective 01/01/2007 — A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1664.00. Effective 01/01/2008 — A monthly service pension shall be calculated by multiplying $54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1728.00. EPFRA 13 Effective 01/01/2009 — A monthly service pension shall be calculated by multiplying $56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1792.00. 2) Lump Sum Service Pension: A lump sum service pension shall be calculated by multiplying 4-00 150 times the monthly service pension to which the member would have been entitled. 4. Definition of Active Firefighter A period of time cannot be used to calculate a monthly or lump sum service pension unless during the entire period of time the member satisfies the qualification of "active service", as found in Article III,paragraph 8 of these bylaws. 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from "active service" as defined herein with the Fire Depaitiiient if: (a) The Member is employed by the City to perform duties within the Fire Department on a full-time basis subsequent to retirement as a volunteer firefighter; and (b) The City Manager or the Fire Chief has filed a determination with the Association's Board of Trustees that the Member's experience with and service to the Fire Department in that Member's full-time capacity would be difficult to replace; and (c) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A.02, subd. 1, and is authorized to receive a service pension or disability benefit. 6. Future Increases in Benefits Retired members and deferred members who have credit for at least fifteen years of service as an active firefighter with the Fire Department shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. 7. Application for Monthly or Lump Sum Benefit After retirement as an active firefighter with the Fire Department, a member shall make application for a service pension to the Board of Trustees. The application shall also include an irrevocable election by the member of either a monthly service pension or lump sum service pension, but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board, and shall contain the following information: a) The age of the applicant. b) The period of time the member performed duties as an active firefighter for the Fire EPFRA 14 Department. c) The member's number of years of membership in good standing of the Association. d) The date the member retired as an active firefighter from the Fire Department. e) Such other and further information as the Board of Trustees may require. 8. Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next 30 days, on the question of whether the applicant meets all the requirements. If the application is approved, the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. 9. Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the Secretary not less than 3 months prior to the date of retirement and submission of application for service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments. EPFRA 15 From: Cathy Erpelding [Cathy.Erpelding@hildiinc.com] Sent: Monday, April 04, 2011 3:12 PM To: Phil Jones; Aaron Casper Cc: Tony Urdahl Subject: Results of Lump Sum Factor Study Phil and Aaron, Hildi Incorporated serves as the actuary for the Eden Prairie Firefighter Relief Association. We have prepared an Actuarial Valuation as of December 31, 2010 to determine the required city contribution payable in 2012.The plan in effect on December 31, 2010 is used for that determination, as required in the MN Statutes. The Accrued Liability for the plan as determined in the Actuarial Valuation as of December 31, 2010 is$19,282,133. As requested, we have prepared a study to analyze the impact of changing the lump sum factor used to calculate the optional lump sum pension benefit payable from the Eden Prairie Firefighter Relief Association. The current plan provides an optional lump sum benefit based on a lump sum factor of 100 times the monthly benefit.We currently assume 0%of participants will elect this option upon retirement.The election assumption is based on the plan's actual experience. If the plan changes the lump sum factor to 150 times the monthly benefit,the Accrued Liability decreases approximately$400,000, assuming 30%of future retirees elect the lump sum option upon retirement.The 30%election assumption is a conservative expectation of future elections due to the increase in the lump sum factor. If this change is adopted before December 31, 2011, it will impact the city contribution for 2013 by decreasing it approximately$30,000. Let me know if you have any questions. Cathy Erpelding, ASA Consulting Actuary Hildi Incorporated Specializing in Actuarial Retirement Plan Services 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 F 952.377.2326 E cathy.erpelding@hildiinc.com www.hildiinc.com Eden Prairie Firefighter Relief Association Actuarial Valuation as of December 31, 2010 ftlth la March 2011 Hildi Incorporated 2 EPFF Relief Assoc 2011 Report Eden Prairie Firefighter Relief Assocation Contents Section 1 : Management Summary 4 Section 2: Funding and Accounting Exhibits 8 Section 3: Plan Assets 15 Section 4: Other Information 17 Hildi Incorporated 3 Eden Prairie Firefighter Relief Assocation Section 1 : Management Summary Overview 5 Summary of Results 6 Actuarial Certification 7 Hildi Incorporated 4 Eden Prairie Firefighter Relief Assocation Overview Hildi Incorporated has prepared this report for the Eden Prairie Firefighter Relief Association to: ■ Present the results of a valuation of the Eden Prairie Firefighter Relief Association as of December 31, 2010; ■ Provide the plan sponsor with the acceptable range of contributions for 2012. Contributions Important contribution amounts for this year and last year are shown below: 2012 2011 Required Contribution (city and state) $ 917,378 $ 1,116,805 Estimated Minimum City Contribution $ 614,761 $ 822,663 Changes Since the Prior Valuation Plan Changes: The death benefit for actives and deferred members changed from an annuity of 2/3 of the participant's monthly benefit payable immediately to a surviving spouse to a lump sum payable immediately to a surviving spouse, children or estate. Assumption Changes: Mortality was changed from RP-2000 Blue Collar projected to 2010 for participants and RP-2000 Combined Healthy mortality projected to 2010 for spouses to RP-2000 Blue Collar projected to 2011 for participants and RP-2000 Combined Healthy mortality projected to 2011 for spouses. The plan's assumptions are summarized later in this report. Hildi Incorporated 5 Eden Prairie Firefighter Relief Assocation Summary of Results Plan Participant Data December 31,2010 December 31,2009 1. Number of Participants a. Active participants 96 93 b. Terminated vested participants 11 14 c. Retirees and beneficiaries 73 66 d. Disabled retirees 3 3 e. Total 183 176 Cash Contributions For 2012 For 2011 2. Required contribution (city and state) $917,378 $1,116,805 3. Estimated minimum city contribution $614,761 $822,663 Value of Plan Assets December 31,2010 December 31,2009 4. Market Value $16,950,749 $14,438,452 5. Actuarial value (for calculating contributions) $16,950,749 $14,438,452 Benefit Liabilities 6. Present value of projected benefits (5.00% interest) $22,859,681 $22,093,575 7. Actuarial accrued liability(5.00% interest for calculating contributions) $19,282,133 $18,574,088 8. Actuarial accrued liability(5.00% interest for GASB 25) $19,282,133 $18,574,088 Funded status— Market value of assets as a % of liabilities 9. Present value of projected benefits (5.00% interest) 74% 65% 10.Actuarial accrued liability(5.00% interest for calculating contributions) 88% 78% 11.Actuarial accrued liability(5.00% interest for GASB 25) 88% 78% Hildi Incorporated 6 Eden Prairie Firefighter Relief Assocation Actuarial Certification We have prepared an actuarial valuation of the Eden Prairie Firefighter Relief Association as of December 31, 2010. The primary purpose of this valuation is to determine 2012 contribution requirements for the plan. The results of this valuation reflect the provisions of the plan as proposed to be amended and effective December 9, 2010. This report should not be used for other purposes or relied upon by any other person without prior written consent from Hildi Incorporated. In preparing this valuation, we have relied upon information and data provided to us by the Eden Prairie Firefighter Relief Association and other persons or organizations designated by the Eden Prairie Firefighter Relief Association. An audit of the financial and participant data provided was not performed, but we have checked the data for reasonableness as appropriate based on the purpose of the valuation. We have relied on all the information provided, including plan provisions and asset information, as complete and accurate. All costs, liabilities and other factors under the plan were determined in accordance with generally accepted actuarial principles and procedures. In our opinion, the actuarial assumptions, for funding purposes, are reasonable and represent our best estimate of the anticipated experience under the plan. This report fully and fairly discloses the actuarial position of the plan on an ongoing basis. We certify that this actuarial valuation has been prepared in accordance with Minnesota Statutes 356.20- .23, 69.773 and the most recent standards adopted by the Legislative Commission on Pensions and Retirement. The results prepared for financial disclosures has been prepared in accordance with the requirements of Governmental Accounting Standards Board Statement No. 25. We are available to answer any questions on the material contained in the report, or to provide explanations or further details as may be appropriate. The undersigned credentialed actuaries meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained in this report. // G` tr Anthony L. Urdahl, FSA, EA Catherine A. Erpelding, ASA, A Hildi Incorporated 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 Hildi Incorporated 7 Eden Prairie Firefighter Relief Assocation Section 2: Funding and Accounting Exhibits Development of City Contribution 9 Changes in Unfunded Actuarial Accrued Liability 10 Amortization Bases 11 Average Available Financing 12 GASB 25 Accounting Information 13 Projected Benefit Payments and Participant Counts 14 Hildi Incorporated 8 Eden Prairie Firefighter Relief Assocation Development of City Contribution Plan liabilities and normal cost shown below are based on the plan's funding method. December 31,2010 December 31,2009 1. Funding Interest Rate 5.00% 5.00% Present Value of Benefits 2. Total $ 22,859,681 $ 22,093,575 Actuarial Accrued Liability and Normal Cost 3. Active members $ 6,019,157 $ 6,065,221 4. Vested terminated members 1,297,720 1,680,286 5. Retired members 11,311,295 10,172,474 6. Disabled members 306,120 312,152 7. Spouses receiving benefits 347,841 343,955 8. Total actuarial accrued liability(3.+4.+5.+6.+7.) 19,282,133 18,574,088 9. Normal Cost 534,071 523,169 Actuarially Determined Contribution For 2012 For 2011 10. Actuarial accrued liability $19,282,133 $18,574,088 11. Market value of assets 16,950,749 14,438,452 12. Unfunded actuarial accrued liability(10.- 11.) 2,331,384 4,135,636 13. Credit for surplus (10%of 12.) Not applicable Not applicable 14. Normal cost 534,071 523,169 15. Administrative expenses (prior year x 1.035) 27,239 30,375 16. Amortization of UAAL 312,383 510,080 17. Interest at 5%to year end 43,685 53,181 18. Required contribution (13.+14.+15.+ 16.+17.) 917,378 1,116,805 19. Estimated State aid 302,617 294,142 Estimated City Contribution (1s.-19.,not less than 0) $614,761 $822,663 Hildi Incorporated 9 Eden Prairie Firefighter Relief Assocation Changes in Unfunded Actuarial Accrued Liability Actuarial Accrued Liability(AAL)Gain or Loss 1. Expected actuarial accrued liability a. Actuarial accrued liability as of December 31,2009 $ 18,574,088 b. Normal cost for 2010 523,169 c. Benefit payments during 2010 (836,752) d. Interest on a.—c.to December 31,2010 934,199 e. Expected actuarial accrued liability as of December 31,2010 before changes 19,194,704 f. Assumption changes 27,046 g. Method changes 0 h. Plan changes 6,421 i. Expected actuarial accrued liability as of December 31,2010 after changes 19,228,171 2. Actual actuarial accrued liability as of December 31, 2010 19,282,133 3. (Gain)or loss due to plan experience (2.— 1.i.) $ 53,962 Asset Gain or Loss 4. Expected asset value a. Asset value as of December 31,2009 $ 14,438,452 b. Contributions during 2010 1,436,326 c. Benefit payments during 2010 (836,752) d. Administrative expenses during 2010 _ (26,318) e. Interest on a.—c.to December 31, 2010 756,172 f. Expected asset value as of December 31, 2010 15,767,880 5. Actual asset value as of December 31,2010 16,950,749 6. (Gain)or loss due to asset experience (4.f.—5.) $ (1,182,869) Unfunded Actuarial Accrued Liability 7. Unfunded actuarial accrued liability as of December 31, 2009 $ 4,135,636 8. Expected unfunded actuarial accrued liability as of December 31, 2010 3,426,824 9. Changes a. Due to changes in assumptions &methods 27,046 b. Due to changes in plan provisions 6,421 c. Due to investment(gains)/losses (1,182,869) d. Due to liability(gains)/losses 53,962 10. Actual unfunded actuarial accrued liability as of December 31, 2010 $ 2,331,384 Hildi Incorporated 10 Eden Prairie Firefighter Relief Assocation Amortization Bases Amortization Initial Date Outstanding Years Amortization Amount Established Amount Remaining Amount 1. UAL at 12/31/09 $4,135,636 12/31/2009 $3,806,834 9 $510,080 2. Plan Change $6,421 12/31/2010 $6,421 20 $491 3. Assumption Change $27,046 12/31/2010 $27,046 20 $2,067 4. Actuarial Gain' ($1,508,917) 12/31/2010 ($1,508,917) 10 ($186,106) 5. Total (before adjustment) $2,331,384 8.52 $326,531 6. Adjusted Single Base 12/31/2010 $2,331,384 9 $312,383 'Limited to the unfunded accrued liability prior to assumption and plan changes. Hildi Incorporated 11 Eden Prairie Firefighter Relief Assocation Average Available Financing City Credit for Active Average Year State Aid Contribution Surplus Total Members Financing 2008 335,789 411,211 0 747,000 104 7,183 2009 284,195 462,805 1 0 747,000 93 8,032 2010 292,384 1,143,942 0 1,436,326 96 14,962 Average available financing for 2011 10,059 Minimum required for$56.00 monthly benefit rate per Minnesota statute 424A.02 $4,536 Subd. 3 Hildi Incorporated 12 Eden Prairie Firefighter Relief Assocation Accounting Information - GASB 25 Funded Status and Funding Progress Under the Entry Age Normal (Level Dollar) Funding Method December 31, 2010 December 31, 2009 1. Actuarial accrued liability a. Active employees (96) $6,019,157 $6,065,221 b. Vested terminated employees (11) 1,297,720 1,680,286 c. Retirees and beneficiaries (76) 11,965,256 10,828,581 d. Total (183) 19,282,133 18,574,088 2. Net assets available for benefits (market value) 16,950,749 14,438,452 3. Unfunded actuarial accrued liability (1. —2.) 2,331,384 4,135,636 4. Funded ratio (2./1.) 87.91% 77.73% 5. Assumed rate of interest 5.00% 5.00% 6. Average assumed retirement age Age 50 Age 50 RP-2000 Blue Collar RP-2000 Blue Collar 7. Mortality table Projected to 2011 Projected to 2010 Hildi Incorporated 13 Eden Prairie Firefighter Relief Assocation Projected Benefit Payments and Participant Counts Projected Participant Counts Expected Benefits Payments Based only on 12/31/2010 Population Liability=$19,282,133 Current Emerging Current Emerging Year Actives Retirees Inactives Total Retirees Inactives Total 2011 96.0 87.0 - 183.0 866,122 39,034 905,156 2012 89.2 86.8 6.8 182.8 886,749 65,850 952,600 2013 84.0 86.5 12.0 182.5 890,286 159,802 1,050,088 2014 73.5 86.2 22.7 182.3 883,017 161,581 1,044,598 2015 71.1 85.7 25.2 182.1 885,112 214,472 1,099,583 2016 65.3 85.2 31.3 181.8 876,477 236,398 1,112,875 2017 60.7 84.6 36.1 181.4 867,193 287,150 1,154,342 2018 53.6 83.9 43.4 181.0 869,272 360,217 1,229,489 2019 44.9 83.2 52.4 180.6 883,898 400,853 1,284,751 2020 40.3 82.5 57.5 180.2 878,103 424,261 1,302,365 2021 37.7 81.6 60.2 179.5 865,645 470,361 1,336,005 2022 32.5 80.7 65.5 178.8 852,267 515,149 1,367,416 2023 28.5 79.8 69.4 177.6 837,907 547,796 1,385,703 2024 25.6 78.7 72.3 176.5 822,527 587,294 1,409,821 2025 22.0 77.5 75.2 174.7 806,100 627,115 1,433,216 2026 18.6 76.3 77.8 172.6 788,588 668,720 1,457,308 2027 15.4 74.9 80.1 170.3 769,964 694,424 1,464,389 2028 13.1 73.4 81.8 168.3 750,249 712,703 1,462,951 2029 11.6 71.8 83.2 166.6 729,462 713,379 1,442,841 2030 11.5 70.1 82.5 164.1 707,635 758,754 1,466,389 2031 8.6 68.2 84.1 160.9 684,819 776,721 1,461,540 2032 7.5 66.3 83.7 157.5 661,077 791,065 1,452,142 2033 6.5 64.3 83.1 153.8 636,473 824,665 1,461,138 2034 4.6 62.1 83.2 149.9 611,043 827,735 1,438,777 2035 4.1 59.9 83.3 147.4 584,846 837,176 1,422,022 2036 3.7 57.6 81.0 142.4 557,973 860,292 1,418,265 2037 2.3 55.2 80.2 137.7 530,487 881,709 1,412,196 2038 1.1 52.7 78.4 132.2 502,451 891,050 1,393,501 2039 0.2 50.2 78.0 128.4 473,938 882,115 1,356,053 2040 0.2 47.6 77.5 125.3 445,066 877,592 1,322,658 2041 - 45.0 76.2 121.2 415,969 866,602 1,282,571 2042 - 42.3 75.5 117.8 386,793 854,475 1,241,268 2043 - 39.6 74.6 114.2 357,717 841,125 1,198,842 2044 - 36.9 73.6 110.5 328,923 826,482 1,155,406 2045 - 34.2 72.5 106.7 300,581 810,492 1,111,073 Hildi Incorporated 14 Eden Prairie Firefighter Relief Assocation Section 3: Plan Assets Summary of Assets 16 Hildi Incorporated 15 Eden Prairie Firefighter Relief Assocation Summary of Assets Asset Reconciliation December 31, 2010 December 31, 2009 1. Market Value on prior December 31 $ 14,438,452 $ 11,665,308 2. Contributions for the prior plan year a. State contributions 292,384 284,195 b. Municipal contributions 1,143,942 462,805 c. Fire Dept/Volunteer contributions 0 0 d. Total contributions 1,436,326 747,000 3. Benefits paid during the prior plan year (836,752) (764,504) 4. Expenses (non-investment) paid from plan assets (26,318) (29,348) 5. Return on Plan assets for prior plan year 1,939,041 2,819,996 6. Market Value on current December 31 (1 +2 d +3 +4 +5.) $ 16,950,749 $ 14,438,452 7. Estimated return during prior year 12.8% 23.5% Inventory of Trust Assets-Market Value Cash and cash equivalents 1. Cash $ 199,045 $ 94,031 2. Total 199,045 94,031 Investment Assets 3. US Large Cap 2,291,644 2,086,451 4. US Small Cap 1,103,234 995,909 5. US Micro Cap 1,239,558 1,002,126 6. International Equity 4,568,319 4,002,047 7. Taxable Bond 5,120,528 3,440,223 8. Diversified Alts 1,555,748 1,741,062 9. Directional Alts 872,673 1,118,206 10. Total 16,751,704 14,386,024 Other 11. Accrued interest receivable 0 (41,603) 12. Prepaid expense 0 0 13. Accounts payable 0 0 14. Total 0 (41,603) Net Assets held in trust for pension benefits $ 16,950,749 $ 14,438,452 Hildi Incorporated 16 Eden Prairie Firefighter Relief Assocation Section 4: Other Information Plan Participants 18 Actuarial Methods and Procedures 24 Assumptions 25 Summary of Plan Provisions 26 Hildi Incorporated 17 Eden Prairie Firefighter Relief Assocation Plan Participants Statistics for Active and Inactive Participants Plan Year Beginning December 31,2010 December 31,2009 1. Number of participants in valuation a. Active Participants i. Vested participants 20 23 ii. Non-vested participants 76 70 iii. Total active participants 96 93 b. Terminated participants with a vested benefit 11 14 c. Participants&beneficiaries receiving benefits 73 66 d. Disabled participants receiving benefits 3 3 e. Total participants in the valuation 183 176 2. Active Participant Statistics a. Average age 38.6 39.2 b. Average years of vesting service 7.1 7.3 3. Inactive Participant Statistics Terminated participants with a vested benefit a. Average Age 45.3 45.5 b. Total annual deferred benefits $ 96,288 $ 123,552 c. Average annual benefits $ 8,753 $ 8,825 Participants receiving benefits d. Average Age 61.3 61.3 e. Total annual benefits being paid $ 862,272 $ 781,248 f. Average annual benefits being paid $ 11,346 $ 11,322 Hildi Incorporated 18 Eden Prairie Firefighter Relief Assocation Plan Participants continued Active Participants Age/Service Grid Years of Service Attained Age Under 1 1 to 4 5 to 9 10 to 14 15 to 19 20 to 24 25 to 29 30 to 34 35 to 39 40&up Total Under 25 5 3 0 0 0 0 0 0 0 0 8 25 to 29 1 9 2 0 0 0 0 0 0 0 12 30 to 34 2 6 4 0 0 0 0 0 0 0 12 35 to 39 0 8 10 1 0 0 0 0 0 0 19 40 to 44 1 5 5 4 1 1 0 0 0 0 17 45 to 49 0 7 5 3 2 3 2 0 0 0 22 50 to 54 0 1 1 1 2 0 0 0 0 0 5 55 to 59 0 0 1 0 0 0 0 0 0 0 1 60 to 64 0 0 0 0 0 0 0 0 0 0 0 65 to 69 0 0 0 0 0 0 0 0 0 0 0 70&up 0 0 0 0 0 0 0 0 0 0 0 Total 9 39 28 9 5 4 2 0 0 0 96 Hildi Incorporated 19 Eden Prairie FirefighterRelief Association Pension Plan Plan Participants continued Summary of Changes in the Participant Group Inactive Participants With Retirees Beneficiaries Active Deferred Receiving Receiving Participants Benefits Benefits* Benefits Total Participants at Prior Valuation Date 93 14 63 6 176 (12/31/2009) Retirements (4) (3) 7 0 0 Deaths 0 0 0 0 0 Non-Vested (2) 0 0 0 (2) Terminations Vested Terminations 0 0 0 0 0 Resume Work 0 0 0 0 0 Payment to 0 0 0 0 0 Beneficiary Begins New Participants 9 0 0 0 9 During the Year Data Corrections 0 0 0 0 0 Participants at Current Valuation 96 11 70 6 183 Date (12/31/2010) *Includes 3 disabled participants. Hildi Incorporated 20 Eden Prairie FirefighterRelief Association Pension Plan Assumptions The following assumptions were used in valuing the liabilities and benefits under the plan. Investment Return 5.00% for funding purposes 5.00% for accounting disclosures Salary Increases N/A Other Assumptions Mortality RP-2000 Combined Blue Collar projected to 2011 with Scale AA for participants and RP-2000 Combined Healthy projected to 2011 mortality for spouses. Disability Sample rates below: Age Rate as % 20 0.08% 30 0.08% 40 0.20% 50 0.49% 55 0.89% Withdrawal 12% withdrawal assumed at age 20, decreasing 0.48% each year until 0% at age 45, with no withdrawal after age 45. Retirement Age Later of age 50 and 10 years of service Form of Payment Single life annuity for single actives and 66 2/3%joint and survivor annuity for married actives based on percent married assumption. No lump sum payments assumed. 100% of active disabilities are assumed to be in the line of duty or fire-service related. Percent Married 85% Age Difference Husbands are 3 years older than wives Changes from prior year The projection on the mortality was changed from 2010 to 2011. Hildi Incorporated 25 Eden Prairie FirefighterRelief Association Pension Plan Summary of Plan Provisions Following is a summary of the major plan provisions used to determine the plan's financial position. It should not be used in determining plan benefits. Plan Name Eden Prairie Firefighter Relief Association Plan Year Calendar year Eligible Employees All volunteer firefighters upon activation in the Eden Prairie Fire Department and approved by the Board of Trustees. Members must be at least 18 years of age. Participation Immediate entry in the plan if an Eligible Employee Service Active performance or supervision of fire suppression or prevention duties by meeting all of the rules and regulations of the fire department during such service. Vesting Schedule Employees who have completed 10 years of service are 100% vested in their benefit. Normal Form of Payment Single life annuity for single participants and 66 2/3%joint and survivor annuity for married participants Optional Form of Payment Lump Sum Benefit Monthly Accrued Benefit $56 x years of Service (up to a maximum of 32 years) Lump Sum Benefit $56 x years of Service (up to a maximum of 32 years)x 100 Entitlement to future benefit Retired and deferred vested members who have at least 15 increases years of Service receive approved increases in the Monthly Accrued Benefit as they become effective. Retired members who elected to receive a lump sum payment will not receive any increases. Normal Retirement Benefit Eligibility: Age 50 with 10 years of Service Benefit: Monthly Accrued Benefit Early Retirement None Deferred Vested Termination Eligibility: 10 years of Vesting Service Benefit: Normal Retirement Benefit payable upon attainment of age 50 Disability Benefit Eligibility: Injury or sickness incurred in the line of duty Benefit: Monthly Accrued Benefit payable during disability Hildi Incorporated 26 Eden Prairie FirefighterRelief Association Pension Plan Summary of Plan Provisions continued Pre-retirement Death Benefit— Upon death of active participant: Lump Sum Benefit for each year Annuity of active service payable immediately to surviving spouse, children or estate Post-retirement Death Benefit Eligibility: Any current retiree, disabled retiree or deferred pension participant who has commenced a monthly retirement benefit and then died Benefit: 66 2/3% of member's benefit payable until the earlier of death or remarriage of the surviving spouse Forms of Retirement Benefits Life only, 66 2/3% Joint& Survivor or Lump Sum. Changes since Prior Valuation: The death benefit for actives and deferred members changed from an annuity of 2/3 of the participant's monthly benefit payable immediately to a surviving spouse and an annuity to any dependent children to a lump sum payable immediately to a surviving spouse, children or estate. Hildi Incorporated 27 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Jay Lotthammer and Award Bid Contract for Purchase and Wendy Sevenich, Installation of a Standby Generator at the Parks and Recreation Community Center Requested Action Move to: Award the contract for purchase and installation of a standby generator to Prairie Electric in the amount of$344,555. Synopsis Power outages at the Eden Prairie Community have occurred on a fairly regular basis over the years. Staff has worked with Xcel Energy to rectify the situation and have been told that the current situation is the best that we can expect. When power outages or interruptions occur, it is not only detrimental to the immediate operation of the facility, but it can also be immediately damaging or harmful to the lifespan of the mechanical and electrical equipment that is a part of the facility. In addition to providing protection to the operation and the equipment, the standby generator can also be used during peak power demand to lessen the electrical rate to the Community Center. This purchase was originally scheduled in the CIP to begin in 2013. Due to the significance of recent power outages and the benefits of protecting the multitudes of equipment, staff is recommending that this purchase is moved forward. There are currently funds available in the CIP to handle this purchase. The anticipated lifespan of a generator is approaching 50 years. Plans and specifications were prepared and advertisement for bids were published in the March 10, 2011, addition of the Eden Prairie News. Bids were opened on April 7, 2011. The lowest responsible bid was submitted by Prairie Electric in the amount of$344,555. Background Power outages and interruptions have been occurring at the Eden Prairie Community Center for many years. When these events happen, the results are detrimental to the immediate use of the facility and to the life span of the many compressors, air-handling, heating, cooling and other mechanical units that are used to operate the building. In addition, there is a large amount of exercise equipment, computers and televisions that are harmed from the shut down and surge of current when power is restored. On average,power outages occur every two months. Reasons given by Xcel Energy are typically weather(lightning, falling tree branches, wind), construction (excavation) or animals in electrical distribution equipment. Power losses have ranged from a few minutes to 14 hours over the last 7 years. Some power outages cause a"single phasing" Standby Generator- Community Center April 19, 2011 Page 2 during which one or two phases of the three phase system are lost. This type of power loss is not always immediately apparent, as most lighting stays on. In 2009, $9,000 was spent replacing and repairing damaged equipment after just one single phase loss occurrence. When power is lost, even for a few moments, all ice rink refrigeration compressors shut off as a safety precaution. This equipment must be manually restarted. When power is lost for more than a few minutes the building is evacuated due to the loss of all lights (except emergency exiting lighting) and the loss of all heating/cooling, fitness, ice rink and pool equipment. If power is lost after hours when the building is unoccupied, "on call"building engineers must respond at an overtime rate. Operational impacts of power outages include melted ice, loss of pool filtration, decreased water temperature and loss of building temperature and humidity set points. The longer the power is off, the longer it takes to recover from these losses. Loss of revenue also occurs due to canceled swim and skate lessons and cancellation of building rentals. A standby generator was included in the bid package for the expansion of the Community Center. It was priced as an alternate during the expansion process,but the alternate was not accepted due to overall costs at that time. The purchase was then scheduled in the CIP to begin in 2013. Due to the significance of recent power outages and the benefits of protecting the multitudes of equipment, staff is recommending that this purchase be moved forward. Attachments Bid Tabulation Letter from Environmental Process Inc. CITY OF EDEN PRAIRIE COMMUNITY CENTER 2011 EMERGENCY GENERATOR EPI 11-227 RECAP OF BIDS Bid Due Date: Thursday, April 7, 2011 Time: 10:30 AM CONTRACTOR BASE BID ADDENDUM ADDENDUM BID BOND AFFIDAVIT COMMENTS NO. 1 NO. 2 OF NON- RECEIVED RECEIVED COLLUSION Allied Generators 533 Hayward Ave. N., Suite 150 $379,300.00 Yes Yes Yes No Oakdale, MN 55128 Gunnar Electric 7960 Eden Prairie Road $435,300.00 Yes Yes Yes Yes Eden Prairie, MN 55347 Jim's Electric 8296 Industrial Park Road $399,775.00 Yes Yes Yes Yes Baxter, MN 56425 Laketown Electric Corporation 8470 State Highway#5 $369,970.00 Yes Yes Yes No P. O. Box 237 Waconia, MN 55387 CONTRACTOR BASE BID ADDENDUM ADDENDUM BID BOND AFFIDAVIT COMMENTS NO. 1 NO. 2 OF NON- RECEIVED RECEIVED COLLUSION Medina Electric, Inc. 22510 State Highway 55 $442,000.00 Yes Yes Yes Yes Hamel, MN 55340 Prairie Electric 6595 Edenvale Blvd. $344,555.00 Yes Yes Yes Yes Suite 120 Eden Prairie, MN 5534 Premier Electrical Corporation 4401 85th Avenue North $492,780.00 Yes Yes Yes Yes Brooklyn Park, MN 55443-1937 Terranova, L.L.C. 14685 Langdon Place $394,740.00 Yes Yes Yes Yes Eden Prairie, MN 55347 Majestic Electric Inc. 5189 130`h Street North $350,000.00 No No No No Hugo, MN Master Electric Co., Inc. 8555 W. 123rd Street $397,306.00 Yes Yes Yes Yes Savage, MN 55378 Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com April 8, 2011 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: City of Eden Prairie Community Center 2011 Emergency Generator EPI Project No. 11-227 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie Community Center 2011 Emergency Generator project work scope with Mr. Scott Oswald with Prairie Electric, Inc. and there were no questions. Scott Oswald indicated that they will be ready to start work per the tentative schedule. Scott Oswald indicated that they intend on furnishing and installing two (2) 500 KW paralleled generator sets manufactured by Generac Industrial Power as in the plans and specifications. Prairie Electric, Inc. is based in Eden Prairie, Minnesota. EPI has not worked with Prairie Electric, Inc. in the past, but we understand that Prairie Electric, Inc. has previously completed work for the City of Eden Prairie. Based on the review of project work scope with Prairie Electric, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $344,555.00 for the City of Eden Prairie Community Center 2011 Emergency Generator Project be accepted from Prairie Electric,Inc. Please contact us if you need any additional information. Sincerely: ENVIRONMENTAL PROCESS, INC. ,„„A Denny R. Langer,PE Project Manager Copy: Charles A. Lane,EPI EPI File No. 11-227 Attachments: Recap of Bids CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Stuart Fox, Parks and Natural Contract for Professional Services for Resources Manager, Parks and Flying Cloud Athletic Field Expansion Recreation Construction Requested Action Move to: Approve the Standard Agreement for Professional Services proposal from HTPO for Flying Cloud Athletic Field Expansion construction services at a cost not to exceed $95,000.00. Synopsis Laurie Johnson of Hansen Thorp Pellinen and Olson Inc. provided a scope of services proposal that addresses the City's request for construction administration services related to the recently approved Flying Cloud Athletic Field Expansion Construction Project. Their proposal for the project includes construction administration, staking and survey work with a not to exceed cost of$95,000. Recommendation Chard Tiling &Excavating is the general contractor for this project which is scheduled to begin soon. The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachments Standard Agreement for Professional Services Scope of Service Letter Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City-projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Flying Cloud Athletic Fields Expansion _ _ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( proposal letter dated March 23, 2011 ) 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 March 15, 2011 _ through July 15, 2012 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 $ 95,000.00 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. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Ted Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the .performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. • 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 8-07-2009 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by 4 Rev. 8-07-2009 any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 5 Rev. 8-07-2009 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 8-07-2009 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 8-07-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME / iansen hprp F1/ine» &S°n _L ne By: \y(iitt.4. a _ >411>rev,-- Its: / 1 dS I eien I 8 Zl L xh,b;f r p 1 I Engineering Surveying ;1 Landscape Architecture tJ March 23,2011 Mr.Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Flying Cloud Athletic Fields Expansion Dear Jay, As requested,the following estimate for engineering and surveying services are provided for your consideration. Estimate Scope of Service $93,500.00 Construction administration,staking,and inspection. Assumes inspection time of 25 hours per week for a construction duration of 18 weeks. Includes as-built verification of infiltration basins and storm sewer. $1,500.00 Reimbursables $95,000.00 TOTAL We assume that the geotechnical consultant will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense and reimbursable expenses incurred(printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax Laurie A.Johnson,P.E. www.htpo.com Principal HANSEN THORP PELLINEN OLSON, INC. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Contract for Professional Services for Resources Manager, Parks and Rice Marsh Lake Trail Construction Recreation Motion Move to: Approve the Standard Agreement for Professional Services proposal from HTPO for Rice Marsh Trail Construction services at a cost not to exceed$46,500.00. Synopsis Laurie Johnson of Hansen Thorp Pellinen and Olson Inc. provided a scope of services proposal that addresses the City's request for construction administration services related to the recently approved Rice Marsh Trail Project. Their proposal for the project includes construction administration, staking and survey work with a not to exceed cost of$46,500. Recommendation Minnesota Dirtworks is the general contractor for this project, which is scheduled to begin soon. The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Scope of Service Letter Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 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" ( proposal letter dated March 7, 2011 ) 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 March 15, 2011 through July 15, 2012 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 $ 46,500.00 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. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and _ Ted Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City, may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 8-07-2009 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at.fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by 4 Rev. 8-07-2009 any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 5 Rev. 8-07-2009 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this-Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 8-07-2009 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 8-07-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME Hanselt l ncrp illinen iSen, . yy By: /ttvu' . ��- Its: / / CSIC/G"jll 8 Ex h;,»,/- /9- Zl—1 p 1 I Engineering Surveying ' ) ;) Landscape Architecture 1 � J March 7,2011 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. Estimate Scope of Service $45,000.00 Construction administration,staking,and inspection. Assumes inspection time of 20 hours per week for a construction duration of 9 weeks. Includes as-built verification of wetland creation area and drainage basin. • $ 1,500.00 Reimbursables $46,500.00 TOTAL We assume that the geotechnical consultant will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred(printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, 7510 Market Place Drive Hansen Thorp Pellinen Olson, Inc. Eden Prairie, MN 55344 952-829-0700 (Lcauc a. (>�r9' +� 952-829-7806 fax www.htpo.com Laurie A.Johnson,P.E. Principal HANSEN THORP PELLINEN OLSON, INC. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Stuart Fox, Parks and Natural Contract for Construction Testing Services Resources Manager, Parks and for Flying Cloud Athletic Field Expansion Recreation Construction Requested Action Move to: Approve the Standard Agreement for Professional Services proposal from Braun Intertec Corporation for construction testing services at the Flying Cloud Athletic Field Expansion Project at a cost not to exceed $22,242.00. Synopsis Henry Vloo of Braun Intertec Corporation provided a list of services proposal that addresses the City's request for testing services related to materials and quality control for the recently approved Flying Cloud Athletic Field Expansion Construction Project. Their proposal includes a variety of soil tests, water infiltration testing, concrete testing and professional engineering services at not to exceed cost of$22,242.00. Recommendation Chard Tiling &Excavating is the general contractor working on the project which has begun. HTPO is currently under contract to provide general oversight and construction inspection services. This proposal for materials and quality control services is in line with our estimate and staff recommends approval of this contract. Attachments Standard Agreement for Professional Services Scope of Service Letter Standard Agreement for Professional Services This Agreement is made on the 19th day of April, 2011, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation, a Minnesota (hereinafter "Consultant") whose business address is 11001 Hampshire Avenue So., Minneapolis, MN 55438. 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 Construction Testing Services by Consultant for the Flying Cloud Athletic Field Expansion 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 April 19, 2011 through project completion in June 2012, 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 $ 22,242.00 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. 1 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 6. Project Manager and Staffing. The Consultant has designated various field staff 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 Consultant shall incorporate the foregoing requirements of this paragraph in all of its 3 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, 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 4 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 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. 5 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 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 6 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 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 7 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 S SPA • • �' BRA BRAUN Braun Intertec Corporation Phone 952.995.2000 11001 Hom shire Avenue S Fox. 952 995 2020 INTERTEC Minneapolis,MN 55438 Web: brouninierlec.corn U:7 op tr April 12,2011 Proposal BL-10-09735B • rz� City of Eden Prairie c/o HTPO, Inc Attn: Mr.Adam Pawelk 7510 Market Place Drive Eden Prairie,MN 55344 "fit' Re: Revised Proposal for Construction Testing Services .s ` Flying Cloud Athletic Fields Expansion _`frVg 1 .fi 1 Pioneer Trail and Mitchell Road y Eden Prairie, Minnesota wet Dear Mr. Pawelk: sew 3� Braun Intertec respectfully submits this revised proposal to provide quality control observation and testing944 services duringsite grading, utilityinstallation and infiltration construction for the proposed � g g � pondp P p0 Flying Cloud Athletic Fields Expansion at the referenced site. Our Understanding of Project , J,ba New athletic fields will be constructed in the southeast quadrant of Pioneer Trail and Mitchell Road in pft,c,:k1 3•t= Eden Prairie. The proposed fields include baseball,softball and soccer fields. Drive lanes and parking areas will also be constructed. To control storm water, 5 infiltration basins will also be constructed. Available Project Information tfcgi >'-�> This proposal is based on our review of the documents described below.We will submit a revised scope of services and cost if the project changes. • Geotechnical Engineering report prepared by Braun Intertec,dated December 2,2010, Yj project number BL-10-09735. : la ti • Results of a double ring infiltrometer test completed on this site on December 15,2010. a4n • Project schedule provided by Chard Tiling and Excavating, Inc. • Project plans and specifications prepared by HTPO,Inc.,with the plans dated February 11, 2011 and the specification book dated March 21,2011. I • Providing engineeringand environmental solutions since I957 a���: g City of Eden Prairie c/o HTPO, Inc. Proposal BL-10-09735E - April 12,2011 Page 2 Scope of Services We will provide technicians or engineers—working under the direction of a Professional Engineer—to perform our observation and testing services.Observation and testing services will be performed on an on-call,as-needed basis as requested and scheduled by you or the project contractors.We have reviewed the available project information and propose to: • Observe and evaluate the suitability of geologic materials exposed in the bottoms of excavations, or surfaces on which fill or structures will be placed. • Measure the in-place dry density, moisture content and relative compaction of fill placed for building, pavement and/or utility support,and of utility backfill for compliance with the project documents—this task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents. • Observe proof-rolls of pavement subgrades to evaluate subgrade strength and the ability of the subgrades to support pavement materials. At this time,testing of the aggregate base and bituminous pavement is not required. • Perform 2 double ring infiltrometer tests within each of 5 infiltration test basins to be • constructed on this site. • Complete up to 5 topsoil quality tests on the manufactured topsoil to be used in the construction of the turf on the various playing fields. • Sample and test fresh concrete associated with sidewalks,slabs and/or curb-and-gutter for compliance with the project documents,and cast test cylinders for laboratory compressive strength testing.We assume that we will be able to appropriately dispose of excess concrete (and associated wash water)on site at no additional cost to us. ■ Measure and report the compressive strength of the concrete test cylinders for compliance • with the project documents. • Provide project management for the quality control observation and testing services • described above—this task includes scheduling'field personnel, reviewing observation and test reports,and communicating with you,the project contractor(s),other project team members and the building official,as needed. Scheduling Assumptions Based on our understanding of the project and the available project information,you indicated the work for this phase of the project will proceed according to the following schedules: • • B RAU N INTERTEC - . City of Eden Prairie c/o HTPO, Inc. Proposal BL-10-09735E April 12,2011 Page 3 ■ General excavations, and the placement and compaction of excavation backfill and required additional fill in building and pavement areas,will be substantially complete in 3 months, however,most of the general site grading will be done in about 2 months,with the last month for fine grading. • Utility installations will be substantially complete in 3 weeks. • • Concrete sidewalks,slabs and curb-and-gutter will require a total of 8 placements. If the pace of construction is different than described above,this proposal should be revised. Cost We will furnish the services described herein for an estimated fee of$22,242.A tabulation showing hourly and/or unit rates associated with our proposed scope of services is attached. Our work will extend over several invoicing periods.As such,for work that is performed during the course of each invoicing period,we will submit partial progress invoices. Additional Services and Overtime It is difficult to estimate all of the services,and the quantity of each service,that will be required for any project. Our services are also directly controlled by the schedule and performance of others. For these reasons,our actual hourly or unit quantities and associated fees may vary from those reported herein. If the number of hours or units ultimately required exceed those assumed for purposes of this proposal, they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are ultimately required that have not been identified or described herein,they will be invoiced in accordance with our current Schedule of Charges. Prior to exceeding our estimated fees,we will update you regarding the progress of our work. Fees associated with additional services will be summarized in a Change Order and submitted to you for review and authorization. This proposal was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 7:00 am to 4:00 pm, Monday through Friday. Services that we are asked to provide to meet the project requirements or a contractor's construction schedule outside our normal work hours will be invoiced using an overtime rate factor.The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the normal hourly rate for the service provided.The factor for services provided on Sunday or legal holidays will be 1.5 times the normal hourly rate for the service provided. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. BRAUN INTERTEC City of Eden Prairie c/o HTPO, Inc. Proposal BL-10-09735B April 12,2011 Page 4 We appreciate the opportunity to present this proposal to you. It is provided in duplicate so the original can be retained for your records and the copy can be signed and returned to us. Please return the signed copy in its entirety. The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and others will not delay us beyond our proposed schedule. Our work will be completed based on our contract with the City of Eden Prairie. To have questions answered or schedule a time to meet and discuss our approach to this project further, please call Henry Vloo at 952.995.2238 or Gregg Jandro at 952.995.2270. Sincerely, BRAUN INTERTEC CORPORATION ,•/%/7' Henry V oo, PE Associate—Senior Engineer Gr:, /'.Jand o , PG Principal Engineer,Vice President Attachments: Table 1. Estimated Costs The proposal is accepted,and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name(please print or type) Authorizer's Title Date Revised Construction Testing Proposal BRAUN INTERTEC CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5785 I ITEM NO.: VIII.G. Mary Krause Award Contract for 2011 Street Striping Public Works/Engineering to AAA Striping Service Company Requested Action Move to: Award contract for 2011 Striping to AAA Striping Service Company in the amount of $68,777.90. Synopsis Sealed bids were received Thursday, April 7, 2011 for the 2011 Striping project. Three bids were received and are tabulated as follows: AAA Striping $ 68,777.90 Century Fence $ 77,962.00 Highway Technologies, Inc. $98,205.00 Background Information Street striping is an annual street maintenance project. The budget for 2011 is $85,357 under budget#1714-6337. Staff recommends award to AAA Striping Service Company. Attachment Bid Tabulation City Street Striping City of I of Eden Prairie I.C.#11-5785 AAA Striping Service Century Fence Company Highway Technologies,Inc. EST. UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 4" Striping (includes Broken/Solid/Do 45,000 Lin. Ft. 0.120 $5,400.00 0.15 $6,750.00 _ 0.11 _ $4,950.00 Yellow or White Paint- Latex 2 4" Striping (includes Broken/Solid/Do 90,000 Lin. Ft. 0.240 $21,600.00 0.28 $25,200.00 0.22 $19,800.00 Yellow or White Epoxy Resin 3 6" Striping -White Epoxy 100 Lin. Ft. 3.000 $300.00 3.35 $35.00 2.50 $250.00 4 8" Striping - Paint 100 Lin. Ft. 0.490 $49.00 0.27 $26.50 0.33 $33.00 5 8" Striping - Epoxy 2,100 Lin. Ft. 1.000 $2,100.00 0.45 $945.00 0.66 $1,386.00 6 12" Stop Line-White Paint 100 Lin. Ft. 1.250 $125.00 1.46 $146.00 3.50 $350.00 7 _12" Stop Line-White Epoxy 300 Lin. Ft. 4.800 $1,440.00 6.00 $1,800.00 _ 5.00 $1,500.00 8 24" Stop Line-White Paint 50 Lin. Ft. 2.500 $125.00 32.90 $145.00 7.00 $350.00 _ 9 24" Stop Line-White Epoxy Paint 190 Lin. Ft. _ 7.810 $1,483.90 7.00 $1,330.00 _ 10.00 $1,900.00 10 Crosswalk Blocks -White Paint 2,000 Sq. Ft. 1.500 $3,000.00 1.41 $2,820.00 4.98 $9,960.00 11 Crosswalk Blocks-White Epoxy 7,200 Sq. Ft. 3.150 $22,680.00 3.40 $24,480.00 5.33 $38,376.00 12 Pavement Message (Arrow)-White F 35 EA. 25.000 $875.00 27.50 $962.50 65.00 $2,275.00 13 Pavement Message (Arrow)-White E 75 EA. _ 80.000 $6,000.00 112.00 $8,400.00 _ 125.00 _ $9,375.00 14 Pavement Marking Removal 100 Lin. Ft. 1.000 $100.00 0.75 $75.00 2.00 $200.00 15 R.R. Crossing -White Epoxy _ 1 EA. 450.000 $450.00 585.00 $585.00 _ 750.00 $750.00 16 Remove Message 100 Sq. Ft. 3.000 $300.00 5.00 $500.00 6.00 $600.00 17 12" Crosshatch (yellow epoxy) 400 Lin. Ft. 3.500 $1,400.00 4.75 $1,900.00 5.00 $2,000.00 18 12" Crosshatch (yellow paint latex) 700 Lin. Ft. 1.000 $700.00 1.46 $1,022.00 3.50 $2,450.00 19 24" Crosshatch (yellow epoxy) 100 Lin. Ft. _ 5.000 $500.00 5.50 $550.00 _ 10.00 $1,000.00 20 24" Crosshatch (yellow paint) 100 Lin. Ft. 1.500 $150.00 2.90 $290.00 7.00 $700.00 TOTAL BASE BID $68,777.90 $77,962.00 $98,205.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5787 ITEM NO.: VIII.H. Mary Krause Award Contract for 2011 Bituminous Crack Public Works/Engineering Sealing to Precision Sealcoating, Inc. Requested Action Move to: Award contract for 2011 Bituminous Crack-Sealing to Precision Sealcoating, Inc. in the amount of$253,902. Synopsis Sealed bids were received Thursday, April 14, 2011 for the 2011 Bituminous Crack Sealing. Three bids were received as follows: Precision Sealcoating, Inc. $ 253,902.00 American Pavement Solutions, Inc. $ 307,340.00 Fahrner Asphalt Sealers, LLC $ 342,900.00 Background Information Street bituminous c rack sealing is an annual street maintenance project in preparation for the 2011 seal coat project. Cracksealing for bituminous trails has also been included this year. The street quantities include some o f the recent overlay areas as w ell as a portion of the proposed 2012 sealcoat project area. The 2011 operating and maintenance budget for street crack sealing is $130,546 under budget item 1707-6339 with the balance of the funding coming from the CIP fund. T he t rail cr acksealing portion of t he pr oject( $27,810) is funded t hrough t he P arks Division under trail maintenance. Staff recommends award to Precision Sealcoating, Inc. Attachment: • 2011 Bid Results 2011 City Cracksealing City of Eden Prairie I.C. #11-05787 Precision Sealcoating,Inc. Fahrner Asphalt Sealers American Pavement Solutions, Inc. EST. UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Joint Sealant on Bituminous Streets and Parking Lots 227,000 Sq.Yd. $0.996 $226,092.00 $1.210 $274,670.00 $1.350 $306,450.00 2 Joint Sealant on Bituminous Trails 27,000 Sq. Yd. I $1.030 $27,810.00 $1.210 $32,670.00 $1.350 $36,450.00 TOTAL BASE BID $253,902.00 $307,340.00 $342,900.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5792 ITEM NO.: VIILI. Public Works/Engineering Approve Professional Services Rod Rue Agreement with HTPO, Inc. for the Reconstruction of Mitchell Road South of CSAH 1 (Pioneer Trail) Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for design phase services for the reconstruction of Mitchell Road south of CSAH 1 (Pioneer Trail). Synopsis This Professional Services Agreement will provide engineering services related to surveying, preliminary engineering/coordination with adjacent property owners, and the preparation of construction documents for the reconstruction of this roadway. It is anticipated that this project will be constructed in late 2011 or 2012. The estimated cost for these design services is $80,000. The project will be financed with a combination of Municipal State Aid funds, County funds and cost participation from adjacent property owners (Grace Church and MAC)through previous agreements with the City of Eden Prairie. Background Information The plan for this section of roadway is to reconstruct the existing rural section to an urban two- lane section with turn lanes, trail extensions on both sides of the roadway, and sewer and water services to MAC property. In addition, we propose to lower a shallow trunk watermain pipe south of the southerly roadway project limits. Attachments • Professional Services Agreement • Exhibit A-Proposal Letter Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Mitchell Road Reconstruction hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( proposal letter dated April 8, 2011 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from April 20, 2011 through June 30, 2012 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 $ 80,000.00 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. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Aaron Carrell to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon. termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its -costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 8-07-2009 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall,assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by 4 Rev. 8-07-2009 any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed-Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an 5 Rev. 8-07-2009 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above,the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 8-07-2009 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 8-07-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall-be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME 1-14n5en Tiar1 f//'n n 61san, rne, By:\ 12-abc� 67. rwafr� Its: Pres;den t 8 Z —1 p I 1 Engineering Surveying Landscape Architecture April 8,2011 11 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Mitchell Road Reconstruction Eden Prairie,MN Dear Mary, As requested,the following estimate for civil engineering and surveying services are provided for your consideration for approximately 1,200 linear feet of road reconstruction for Mitchell Road adjacent to the Grace Church Property and lowering or insulating approximately 400 linear feet of watermain. Estimated Fee Scope of Service $6,500.00 Existing Conditions Survey. Includes compilation of existing conditions based on City LIDAR and GIS data,utility locates, record drawings,boundary computations, and field verification. $19,000.00 Preliminary Design and Coordination. Includes preliminary cost estimate and preparation of exhibit for Grace Church; preliminary road profile and review of stormwater treatment needs for coordination/plan revisions to Flying Cloud Athletic Fields Expansion project; review of entrance location and sewer and water extensions for future MAC commercial site, preliminary cost estimate for MAC share of improvements,and coordination meetings. $50,500.00 Construction Documents. Preparation of construction documents for Municipal State Aid funding including plans,profiles,cross sections,specifications,and Stormwater Pollution Prevention Plan(SWPPP), 7510 Market Place Drive engineers estimate;preparation of Eden Prairie. MN 55344 temporary easement documents for Grace 952-829-0700 Church and MAC properties;permit 952-829-7806 fax applications for MPCA Stormwater and Sanitary www.htpa.com Sewer Extension,MN Health Dept. for watermain,FAA,Williams Pipeline as required,and assistance with County permitting. HANSEN THORP PELLINEN OLSON, INC. Krause/Johnson April 8,2011 Page 2 $2,000.00 Bid Administration. $$2,000.00 Reimbursabies. $80,000.00 Total Fee Fees for construction phase services have not been included in the above fees,and we assume that there are no wetlands within the project area and that the work will be completed by June 2012. 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 invoice our services monthly payable within 30 days. Due to the nature of this design work and the potential for additional scope of work that could become necessary,Hansen Thorp Pellinen Olson, Inc. recommends a 10% contingency in the amount of$8,000 be added to the above total fee, We understand that the use of the contingency must be for documented additional scope of work to be pre- approved by the City's project manager. Thank you for this opportunity to provide our services, Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A.Johnson,PE Principal CC: Rod Rue # 1 Engineering • Surveying HOURLY BUDGET ` , b-) Landscape Architecture Project Mitchell Road Reconstruction Client City of_Eden Prairie Date 4/8/2011 Job No. 09-024 HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field 20 Crew 158 -- 3,160 $6,500 Research/Computation t Sury ! 80 480 -— Draft 20 Tech IV 104 2,080 Check/Supervision 4 Sury V 145 580 QC Review 1 Sury IV 133 133 Billable Total $6,433 200 PRELIMINARY STAGE Proposed Fee Setup Project Files 1 Eng 11 98 98 $19,000 Project Management,Coordination — — 8 Eng V 145 1,160 Gathering Information(as-builts, plats. topo,etc.) 3 Eng II 98 294 Site Visit 2 Eng II _ 98 196 Grace Church Exhibit 8 Eng II 98 784 Grace Church Cost Estimate 8 Eng II 98 784 Preliminary Layout/Profile 24 Eng II 98 2,352 Park Coordination/Revisions 30 Eng II 98 2,940 Stormwater Treatment Needs/Drainage Co 16 Eng II 98 1,568 Commercial Entrance Review 8 Eng II 98 784 Commercial Sewer/Water Ext. 8 Eng ll 98 784 MAC Cost Estimate 8 Eng II 98 784 Quantities _8 Eng II 98 784 . Check Quantities 4 Tech IV 104 416 Cost Estimates 8 Eng II 98 784 Meetings with Client 8 Eng V 145 1,160 Coordination/Meetings with MAC 8 Eng V r 145 1,160 - Feasibility Narrative Eng 11 98 0 Feasibility Figures Eng II 98 0 _ Cost Split Property Owner List Eng II 98 0 Footage/Acreage calculations 4 Eng I I 98 392 Project Schedule Fog II 98 0 Public Hearing Notice Eng 11 98 _ 0 PE Review 8 Eng V 145 1,160 QC Review 4-Eng IV 133 532 Billable Total $18,916 250 CONSTRUCTION PLANS Proposed Fee Project Management,Coordination 8 Eng V 145 1,166 $38,000 Order Soils Borings Eng II 98 () Order Field Work 1 Eng II 98 98 Contact Private Utilities 4 Eng 11 98 392 Set up Sheet Network 8 Eng II 98 784 Municipal Prop Budget Planner-Mitchell Road Reconstructionxdsxpage 1 of 3 4/8/2011 Horizontal Layout/Stationing 24 Eng II 98 2,352 Vertical Grade/Curves 24 Eng II 98 2,352 Cross Sections 32 Engl.! 98 3,136 Street Section 8 Eng II 98 784 Storm Sewer 24 Eng II 98 2,352 Sanitary Sewer 16 Eng II 98 1,568 Water Main 28 Eng II 984 2,744 Drainage Comps 3 Eng II 98 784 Special Notes, Labeling 8 Eng II 98 784 Erosion Control/SWPPP 16 Eng II 9-8 1,568 Easements 4 Fn$II 98 392 Meetings with Client 8 Eng V/Enf; II 122 976 Cover Sheet 12 Eng II 98 1,176 Detail Sheets __ 16 Eng II 98 1.,568* Signing and Striping/Traffic Control 24 Eng I I 98 2,352 Overall Layout Sheet 12 Eng II 98 1,176 Statement of Est Quantity Sheet 24 Eng I i 98 2,352 Coordination w/ Mn/DOT State Aid 8 Eng II 98 784 Coordination w/ adjacent properties 16 Eng II 98 1,568 PE Review 20 Eng V 145 2,900� Field Check of Existing Conditions 4 Eng II 98 392 Send Plans to Private Utility Companies 4 Eng I1 98_ _ 392 QC Review 8 Eng IV 133 �1,064 Billable Total $37,950 250 SPECIFICATIONS Proposed Fee Cover/Certification Page Eng II 98 0 $7,800 Table of Contents 1 Eng II 98 98 Ad for Bids 4 Eng II 98 392 State EEO/Prevailing Wage Sections 4 Eng II 98 392 Special Conditions 17 En: II 98 1,666 Final Quantities 16 Eng Il 98 1,568 Check Quantities 8 Tech IV 104 832 Bid Summary and Signature Sheets 1 Eng II 98 98 - Appendix(soil borings, permit requirements,etc.) 1 Eng II 98 98 Typing 6 Clerical I 58 348 Check Typing 2 En. II _ 98 196 PE Review 8 Eng V 125 1,000 QC Review 4 Eng IV 133 532 Printing&binding 6 Clerical I 58 348 Check printed books 2 Eng II 98 196 Billable Total $7,764 250 EASEMENTS Proposed Fee Descriptions 4`Sury IV 133 53' $1,700 Sketches 6 Tech IV r 104 624 Check against PIans 2 Eng II 98 196 QC Review 2 Sury V 145 290 Billable Total $1,642 - 250 PERMITS Proposed Fee Health Department Watermain Extension 2 Eng II 98 196 $3,000 PCA Sanitary Sewer Extension(cc: MCES) 6'Frig II 98 588 MCES Sanitary Connection Eng II 98 0 Municipal Pro Budget Planner-Mitchell Road Reconstruction.xlsxpage 2 of 3 4/80011 PCA Stormwater 4 Eng II 9,S . L)? Watershed-City Coordination 2 Fng II 98 196 DNR Eng II 98� — 0 Corp of Engineers Eng 1l 98 0 State Wetland Act(LGU) _Eng Il 98 0 City Grading or Utility Connection Eng II 98� 0 State Eng Il 98 0 . — County 4- Eng II _ 98 392 FAA 6 Eng 11 98. 588 Williams pipeline 6 Eng 11 98 588 Billable-Fatal $2,940 500 CONSTRUCTION ADMINISTRATION Proposed Fee Bidders Questions 12 Eng II 98 1,176 $2,000 Addendums 2 Fng II 98 1% _ Bid Opening 2 Eng II 98. 196 Prepare Bid Tabulation,Rec. Letter 4 Eng II 98 392 Prepare Contracts, Award Letter Eng Il 98 0 Preconstruction Meeting Eng Il 98� 0 Shop Drawing Review Eng 11 98 0 Property Owner Notice/Newsletter Eng Il 98 0 Pay Requests Tech IV 104 0 Change Orders Eng II 98 0 Final Assessment Numbers Eng II 98 0 Final Payment/Project Closeout Tech IV_ 104 0 Billable Total $1,960 550 CONSTRUCTION OBSERVATION Proposed Fee Field Eng I 77 0 + $0 Field Supervision Tech IV 100' 0 Billable Total $0 600 CONSTRUCTION STAKING Proposed Fee Grading and Retaining Walls Crew 152 0 SO Erosion Control/ Construction Fence - Crew 152 0 Water Main Crew 152 0 Storm Sewer Crew 152 0 Sanitary Sewer Crew 152 0 Parking Lot/Curb Crew 152 0 Bluetops Crew r 152 0Office Coordination Tech II 72 0 Billable Fatal $0 700 CONSTRUCTION RECORD DRAWINGS/AS-GUILTS Proposed Fee Field- Utility Structures and Ponds Crew 152 0 _ $0 Draft Eng I - 77 0 Check/Supervision r Tech IV 100 0 Billable Total $0 Expenses&Reimbtirsables I $2,000 $80,000 I Project Total Municipal Prop Budget Plarnter-Mitchell Road Reconstruction.xisx page 3of3 4/8/2011 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5626 ITEM NO.: VIII.J. Leslie Stovring Approve Professional Services Public Works/Environmental Agreement for Water Monitoring Program Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2011 water quality monitoring program in the amount of$46,925. Synopsis The proposal from Blue Water Science continues the City's ongoing monitoring program for water quality and use of low-impact water treatment alternatives to help maintain water quality within our lakes. The program requires ongoing monitoring to evaluate water quality trends as many of our lakes are listed as impaired waters by the State of Minnesota for excess nutrients. The costs of lake improvement and monitoring projects are paid out of the stormwater utility. Background Information The budget for the water quality sampling program is established in the City's Local Water Management Plan. City s taff me t w ith th e Nine M ile C reek and Riley-Purgatory-Bluff C reek W atershed D istricts to di scuss projects proposed for 2011 in or der t o c oordinate a ctivities and pr event overlapping projects. B lue Water Science proposes the following actions: • Water quality sampling for Staring Lake and Purgatory Creek Park to measure the effectiveness of the water quality improvements proposed in the S taring Lake w atershed b y the District and the C ity. T his would include the carp removal, stormwater ponding improvements and a potential draw-down in Purgatory Creek Park. • Use of barley straw in Bren Lane Pond to help improve water quality entering Round Lake. Blue Water will monitor the water quality in two additional ponds t o measure the effectiveness of s tormwater p onds that have been added or improved around the lake. • Plant survey of Round Lake to evaluate the extent and density of non-native plants. • Analysis o f R ound Lake t o de termine t he p otential e ffectiveness and dosing r equirements for an alum treatment. The calcium nitrate treatment completed by the District in 2010 was not effective and they have no pl ans t o r eturn t o the 1 ake for a dditional treatment at th is time. A n alum treatment w ould have the potential to improve the "swim-ability" of the lake. • Water qua lity s ampling and a quatic pl ant surveys for Birch I sland and Smetana Lakes. This w ill h elp establish baseline conditions for the lakes for comparison with the Nine Mile Creek District's water quality improvement projects that are currently ongoing. • Water quality and vegetation sampling for Mitchell and Neill Lakes. The estimated cost for 2010 is $46,925 and will be paid from the storm water utility fund. Attachments • Contract for 2011 Water Quality Sampling Program • Standard Agreement for Professional Services 550 South Snelling Ave St. Paul, MN 55116 651.690.9602 _ _.. _ �L'l�1YC� mccomas@pclink.com PROPOSAL Date: April 11, 2011 To: City of Eden Prairie From: Steve McComas, Blue Water Science Re: 2011 WATER QUALITY SAMPLING PROGRAM This is a proposal to provide lake and pond sampling services for the City of Eden Prairie. Sampling helps to establish baseline water quality data for projects and for TMDL analyses that may be required in the future. All water quality data collected will be entered into the STORET system. TASK 1 —STARING LAKE WATERSHED Collect samples monthly from Staring Lake and two areas within Purgatory Creek Park(one from the wetland and one from the stormwater pond)to assist in evaluating water quality for the City's stormwater inspection and maintenance program that will be conducted in the Staring Lake watershed. It is our understanding that the Riley-Purgatory-Bluff Creek Watershed District will be collecting water quality samples from Staring Lake as part of their Staring Lake carp study. Parameters to be analyzed in the field will include the following: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Parameters to analyzed by a laboratory will include the following: • Total phosphorus • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen • Total Suspended Solids (TSS) (mixed sample) -1- TASK 2—ROUND LAKE WATERSHED Task 2.1 - Water Quality Sampling-Lake The City is exploring options for future management of Round Lake and would like to maintain a consistent data set for the lake. In order to meet the requirements established by the Riley-Purgatory- Bluff Creek Watershed District for their sampling protocol,the following samples will be collected every other week from May through October. Parameters to be analyzed in the field will include the following: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Parameters to analyzed by a laboratory will include the following: • Total phosphorus • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen Task 2.2-Alum Treatment Analysis The City and Watershed District have collected data for Round Lake which should be evaluated to determine if additional information is required to develop a plan to improve the water quality of the lake such that it would be swimmable in 2012. This would include: • Evaluate potential of phosphorus release from the sediments using sediment testing. • Evaluate the potential of alum as a successful treatment. • Determine the proper alum dose for an alum treatment if determined to be feasible. Task 2.3 - Water Quality Sampling—Ponding System There are three(3)ponds immediately upstream of Round Lake which are discharging nutrients to the Round Lake stormwater system. They include the three ponds sampled in 2010,Bren Lane pond,Round Lake Pond(RLP)and Park Pond East(RLPE). The following samples must be collected at a minimum of twice per month from May through October. Field Parameters: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Laboratory Parameters: • Total phosphorus • Chlorophyll Task 2.4—Additional Work(Bren Lane Pond) Bren Lane pond appears to have a large fish population that is interfering with the effectiveness of the barley straw treatment that was completed in 2009 and 2010. A fish survey as well as additional treatment of the pond with barley straw will be conducted in 2011. If the fish catch rate averages more -2- than 10 lbs/net,they will be harvested. The annual summary will discuss past efforts within the pond and whether the work completed is showing continued signs of improving water quality. TASK 3—LAKE WATER QUALITY SAMPLING Additional lakes to be sampled include the following: • Birch Island Lake • Mitchell Lake • Neill Lake • Smetana Lake The lakes shall be sampled at a minimum of every other week and will include the following parameters: Field Parameters: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Laboratory Parameters: • Total phosphorus • Chlorophyll The quote includes a price per lake for water quality sampling and analysis. TASK 4—VEGETATION SAMPLING For each lake and pond listed in this RFP,vegetation surveys will be conducted to measure the current extent of invasive species such as curly leaf pondweed and the types and diversity of overall vegetation present in the lake. An early summer and late summer survey will be conducted for each water body. All surveys will use the point-intercept method. Lakes and ponds to be surveyed include:Birch Island, Mitchell, Neill, Purgatory Creek Park Wetland, Round, Smetana, Staring, and three ponds:Bren Lane, Park East, and Round Lake Pond. TASK 5-REPORT REQUIREMENTS Once the analysis is completed a final report will be prepared to summarize the results for each individual water body sampled. The report will include the following information: • Analysis of existing conditions. • Recommendations for future actions A Draft report will be submitted for review and approval prior to finalization of the report. The Drafts will be submitted by March 15,2012. The final report must be submitted within 30 days of approval of the Draft. The Consultant will anticipate one meeting with City Staff and one meeting with the Conservation Commission to present the results of the project. Two(2)original, stapled copies and one (1) PDF copy of each Final Report will be submitted. -3- Cost for Tasks 1 through 5 for 2011 Monthly 2/Month 2/Month Point Barley Costs Total May-Sept Secchi disc, May-Sept Intercept Straw Costs Secchi,Temp, Temperature, Secchi disc, Plant Diss oxygen, Dissolved Temperature, Surveys Conductivity, oxygen, Dissolved (frequency) pH,TP,OP, Conductivity, oxygen, Labor For Lab Report Chl,NH3,NO3- pH,TP,OP, Conductivity, Sampling Costs Costs NO2,TKN, Chl,NH3,NO3- pH,TP,Chl TSS,Fe NO2,TKN TASK 1. STARING LAKE WATERSHED Staring Lake 5X $500 5 x$175 $500 $1,875 =$875 Purgatory Creek Park 5X $500 5 x$175 $500 $1,875 Wetland =$875 Stormwater pond 5X $500 5 x$175 $500 $1,875 =$875 Subtotal $5,625 TASK 2. ROUND LAKE WATERSHED 2.1. Round Lake lOX $900 10 x$150 $600 $3,000 sampling =$1,400 2.2. Round Lake alum treatment analysis $200 $300 $900 $1,400 2.3. Pond sampling: $50/pond p g' x 3 ponds Bren Lane,Round 10X $900 $500 $2,900 Lake,and Park Pond x 10= $1,500 1 day to 2.4. Bren Lane Pond: set nets, fish survey 2 days $200 $2,400 sampling 2.4. Bren Lane Pond: 1,400 lbs barley @$1/lb $400 $1,800 Subtotal $11,500 TASK 3. LAKE WATER QUALITY SAMPLING Birch Island 10X 900 700 600 $2,200 Mitchell 10X 900 700 600 $2,200 Neill 10X 900 700 600 $2,200 Smetana 10X 900 700 600 $2,200 Subtotal $8,800 TASK 4. VEGETATION SAMPLING(all surveys will be point-intercept surveys) Birch Island $2,400 included $2,400 Mitchell $3,400 included $3,400 Neill $2,900 included $2,900 Purgatory Creek Park Wetland $3,200 included $3,200 Round $2,700 included $2,700 Smetana $2,800 included $2,800 Staring $1,600 included $1,600 Bren Lane Pond $600 included $600 Park Pond $300 included $300 Round Lake Pond $500 included $500 Subtotal $20,400 TASK 5. REPORT REQUIREMENTS Report preparation included Two meetings $600 Subtotal $600 Total Costs $46,925 -4- Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 12th day of April , 2011, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blue Water Science , a Minnesota company_(hereinafter "Consultant") whose business address is Blue Water Science, 550 S. Snelling Ave., St. Paul, MN 55118 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 2011 Lake and Water Quality Sampling Program hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( 2011 Water Quality Sampling Proposal dated April 12, 2011 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from April 12, 2011 through March 31, 2012 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 $ 46,925 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Steve McComas to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the 2 Rev. 8-07-2009 completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-07-2009 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-07-2009 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non- owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: L �-' Its: Owner 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5755 ITEM NO.: VIII.K. Leslie Stovring Approve Professional Services Public Works/Environmental Agreement for the Neill Lake Berm Repair Project Requested Action Move t o: Approve Professional Services Agreement w ith SRF, I nc. for final d esign an d construction services for repair of the Neill Lake berm at a cost of$50,500. Synopsis Neill Lake is a downstream receiving water from E den Lake. In 19 74 a storm drain system, which includes an earthen berm along the southern edge of the open water portion of Neill Lake, was co nstructed. The s tructure o f t he b erm ha s be en compromised b y s tormwater i nflows, vegetation growth and animal burrowing. The berm needs to be stabilized and repaired. The costs will be paid out of the stormwater utility fund. Background Information In 1974 a storm drainage system was constructed by the Riley-Purgatory-Bluff Creek Watershed District to collect stormwater ru noff fr om areas be tween Flying C loud Drive a nd P urgatory Creek. Neill Lake is the downstream receiving water for the system through a system of both storm sewer pi ping and ope n c hannels. Within N eill Lake is an e arthen be rm which a llows surface water to collect within a pre-treatment area prior to discharging through a series of ponds before f lowing i nto Purgatory C reek. Loss of t he be rm w ould r esult i n flooding of a reas surrounding the lake and elimination of an important amenity to the neighborhood. SRF has completed an engineering analysis of the system and found that repairs are needed to restore the integrity of the berm. The berm has subsided over time and animal damage and tree growth have weakened the berm, allowing water to seep under the berm and further deteriorate the stability of the berm. The City does have plans to improve the stormwater system between Eden Lake and N eill Lake and t his is the first step to strengthen the b erm t o withstand ne w inflows. The scope of work will include: • Analysis of the storm sewer pipe running under the berm • Development of design and construction documents for the berm and weir outlet structure • Preparation of bid documents • Bidding and construction administration • Wetland, stormwater and construction permitting • Preparation of as-built documents, including an as-built survey The total proposed cost is $50,550. Attachments • SRF Agreement/Proposal ENGINEERS PLANNER S DESIGNERS Consulting Group,Inc. March 29, 2011 Ms. Leslie Stovring Environmental Coordinator CITY OF EDEN PRAIRIE City Center 8080 Mitchell Road Eden Prairie,MN 55344 2230 SUBJECT: NEILL LAKE BERM IMPROVEMENTS REVISED PROPOSAL FOR FINAL DESIGN AND CONSTRUCTION SERVICES Dear Ms. Stovring: This is a revised proposal,reflecting recent discussions between SRF and the City of Eden Prairie. In March 2010, a hydraulics and geotechnical report was prepared by SRF Consulting Group, Inc. that included a detailed analysis of Eden Lake and Neill Lake. The report concluded that modifying outlet structures and the drainage system for Eden Lake would be cost prohibitive and therefore not recommended. The report also concluded that the Neill Lake berm, which separates the lake from the adjacent wetland, needs to be stabilized. Raising the Neill Lake berm and lowering the lake by one foot would be a cost effective way to stabilize the berm. During ensuing discussions regarding the Eden Lake outlet and Neill Lake berm, it was decided that lowering the water level of Neill Lake would not be a viable option primarily from the Preserve Association and DNR permitting perspectives. The berm would be raised to accommodate lake high water levels while maintaining the current normal water level. In addition, analysis of the Eden Lake outlet and its potential effect on Neill Lake that will be completed shortly will provide a final top of berm elevation. This final design and construction services proposal addresses the steps necessary to implement the report recommendations including the revisions noted above. SUMMARY OF RECOMMENDATIONS The March 2010 Hydraulics and Geotechnical Report made the following recommendations to repair and improve the Neill Lake berm: • Lower Neill Lake by up to one foot. This would require the reconstruction of the weir overflow at the southeast corner of the lake near the Olympic Hills Golf Course. This will not be implemented as noted earlier. • Remove shrubs and trees from the existing berm, and fill animal burrow holes prior to raising the berm. www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Ms.Leslie Stovring -2- March 29, 2011 City of Eden Prairie • Strip topsoil and raise the Neill Lake berm crest to elevation 815 by adding compacted fill and reconstructing berm slopes to 3:1. A final berm crest elevation will be determined once the Eden Lake lift station analysis is complete. • Install temporary and permanent erosion control measures. • Re-establish vegetation along the berm and wetland. In addition to the report recommendations, an inspection of the existing 15-inch PVC storm sewer is also necessary. We understand that the City will contract with their utility company to televise the storm sewer. It is also recommended that an analysis of the potential settlement of the pipe be completed as it relates to raising the berm to its final elevation. SCOPE OF SERVICES Based on the recommendations summarized above, the following scope of services is proposed for preliminary and final design, and construction administration: 1. Storm Sewer Analysis. Conduct an analysis of the existing 15-inch PVC pipe in terms of potential settlement based on the final berm crest elevation. 2. Design Development Phase. Develop a preliminary design and typical cross sections of the berm and weir outlet structure improvements for review by the City and permitting agencies. Design Development documents include preliminary plans and a preliminary engineer's estimate of probable cost. 3. Construction Documents Phase. Once preliminary design is complete, develop final design and construction documents for bidding the work. Construction documents include plans, specifications, and engineer's estimate of probable cost. 4. Wetland and Construction Permitting. A Wetland Evaluation and Delineation Report was completed by the City in October 2010, indicating that the berm itself is upland. However, there may be small impacts to the marsh if the berm is raised. Therefore, SRF will complete the Joint Application and obtain the wetland permit, assuming that mitigation will be obtained from a banking site within the overall watershed. SRF will also obtain the NPDES Phase II Construction permit, including development of the SWPPP. We assume that a DNR Individual Permit is not required. 5. Bidding and Construction Administration. Provide construction administration that includes the following: a. Bid document and project manual preparation and bidding administration. b. Attend bid opening and review bids, prepare bid summary sheet, and prepare the successful bidder recommendation for the City Council. c. Provide contractor administration including attending the preconstruction meeting, provide contractor liaison services,review payment requests and prepare payment requests for the City. d. Provide construction observation services assuming three (3) weekly site visits between SRF and GaleTec, and preparation of any follow-up documentation. It is assumed that the work will take approximately two months from beginning to substantial completion. Substantial completion and Ms.Leslie Stovring -3- March 29,2011 City of Eden Prairie final acceptance field visits will also be necessary for a total of 26 visits of approximately two hours each. This includes the visits that GaleTec has scheduled(see attached). e. Develop as-built documents including conducting an as-built survey and producing signed as-built Mylar plans. 6. Monitoring. Provide twice yearly vegetation establishment monitoring visits for two years following substantial completion, including monitoring for animal burrows. A brief report will be submitted to the City after each monitoring visit that will address general condition of the berm, vegetation condition, and any issues that may require maintenance. DELIVERABLES 1. Design Development plans and cost estimate. 2. Construction Documents including plans, specifications,project manual, and a final cost estimate. 3. Wetland and NPDES permits and SWPPP. 4. Bid documents for distribution, bid summary sheet, letter of recommendation, and successful bidder notification. 5. In-construction documents such as pre-construction meeting minutes, RFI responses, payment requests, and general correspondence. 6. As-built plans. 7. Monitoring reports (4). ASSUMPTIONS 1. The existing 15—inch PVC pipe is structurally capable of handling the additional load that will occur as a result of raising the berm, and will not need to be replaced. 2. A Joint Notification permit will be necessary due to potential impacts associated with berm improvements. Impacts will be evaluated and a penult application prepared using the delineation report prepared by the City. 3. It is assumed that bid documents will be distributed electronically through QuestCDN, and that a minimal number of hard copies for distribution to bidders and the City will be needed. 4. We propose to visit the site several times each week during active construction but will not assign a full—time Inspector to the work. If full—time inspection is desired, SRF and/or GaleTec can provide this service at an additional cost. 5. This scope and cost proposal is based on an approximate project construction cost of between$250,000 and$300,000 and a two-month construction schedule. Ms. Leslie Stovring -4- March 29,2011 City of Eden Prairie SCHEDULE We understand that construction during the Summer of 2011 is anticipated. Therefore, our proposed schedule is as follows: April 19, 2011 Council approval of this proposal May 2010 Design Development,permitting June 2011 Construction Documents, June 14 City Council approval of bid documents, permitting July 2011 Bidding August 16, 2011 City Council approval of successful bidder September-October 2011 Construction October 2011 —October 2013 Monitoring COST PROPOSAL Based on our understanding of the project and the Scope of Services,we propose a total cost for our services to be$50,500. Attached are detailed and summary cost estimates that support our proposed cost. CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. e 1 tie Cr Walter C. Eshenaur,PE (MN) David W. Filipiak,PE (MN), CFM Senior Associate Principal WCE/DWF/bls Attachments SRF No. P10622 (Revised March 29, 2011) S.(Marketing\Proposals12011 Letter Proposals\P10622 R1 Neil Lake Berm Design_Construction_110329.docx Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 19th day of April , 2011 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consultinn Group, lno, , a Minnesota corporation (hereinafter "Consultant")whose business address is 1 Carlson Parkway North, Plymouth, MN 55447 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 Neill Lake Berm Design and Construction hereinafter referred to as the "Work". The City and Consultant agree as follows. 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" (proposal for Neill Lake Berm Design ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal andlor general conditions. 2. Term. The term of this Agreement shall be from April 19, 2011 through October 31,2013 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 $5o,500 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. b. 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 Walter Eshenaur and Ryan Jones 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 2 Rev. 8-07-2009 established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9_ Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-07-2009 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13_ Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof_ Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-07-2009 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of insureds provision. ID. 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 S2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and 'modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie'; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided_ Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21_ Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EVEN PRAIRIE Mayor City Manager FIRM NAME SRF Consulting Group, Inc. By, r / Its: 14t 6 r1 fti 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Paul Sticha Replace Metal Roof above CHR& Ed Facilities/OCM Center Atrium at City Center Building Requested Action Move to: Award contract to John A Dalsin and Sons Roofing to replace the metal roof at the City Center building above the CH Robinson & Ed Center Atrium. Synopsis John A Dalsin& Sons $141,638.00 Specialty Systems $144,940.00 Atomic Sheet Metal $159,000.00 Berwald Roofing $169,920.00 Background Information • This metal roof is the original roof for that portion of the building and is 30 years old;very good life for this type of roof. • The waterproofing membrane under the metal roof has been slowly failing for the last 5 years and we have spent $5000 to $7000 per year for the last 5 years repairing this roof as well as ceilings and walls inside the building that have been damaged from moisture penetration. • A portion of this roof is over the CH Robinson Data Center in the building. Water dripping on their file servers caused much agitation several years ago. • A poor design resulting in less than ideal insulation at the roof edge results in ice dams under certain weather conditions, further hastening the deterioration of the roof and increasing water penetration into the building. Heat tape has improved, but not resolved, this situation. The new design increases insulation at the roof edge to eliminate this design defect. • Request for bids was published in the EP News on March 10, 2011. Bids were opened in public and read aloud on April 7, 2011. • Low bid last year was $149,000 (Atomic Sheet Metal) so cost to the City is 5% lower this year. Attachments • Bid tabulation from EPI • Award recommendation from EPI CITY OF EDEN PRAIRIE CITY CENTER- C.H. ROBINSON 2011 CLERESTORY METAL ROOF REPLACEMENT EPI 11-228 RECAP OF BIDS Bid Due Date: Thursday, April 7, 2011 Time: 10:00 AM CONTRACTOR BASE BID ADDENDUM BID BOND AFFIDAVIT OF COMMENTS NO. 1 NON- RECEIVED COLLUSION Atomic Sheet Metal 3207 Labore Road $159,000.00 Yes Yes Yes Vadnais Heights, MN 55110 Berwald Roofing company, Inc. 2440 North Charles Street $169,920.00 Yes Yes Yes North St. Paul, MN 55109 John A. Dalsin Roofing & Sheet Metal Contractors $141,638.00 Yes Yes Yes 2830 South 20th Ave. Minneapolis, MN 55407 Specialty Systems, Inc. 11901 Riverwood Drive $144,940.00 Yes Yes Yes Burnsville, MN 55337 Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 ; pill" Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com April 7, 2011 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: City of Eden Prairie City Center—C.H. Robinson 2011 Clerestory Metal Roof Replacement EPI Project No. 11-228 Dear Mr. Sticha: Environmental Process, Inc. (EPI)reviewed the City of Eden Prairie City Center—C.H. Robinson 2011 Clerestory Metal Roof Replacement project work scope with Mr. Jim Dalsin with John A. Dalsin & Son, Inc. and there were no questions. Jim Dalsin indicated that they will be ready to start work per the tentative schedule. The Project Superintendent will be Mike Hoisington. John A. Dalsin & Son, Inc. is based in Minneapolis, Minnesota. EPI has worked with John A. Dalsin & Son, Inc. in the past. John A. Dalsin & Son, Inc. recently successfully completed the City of Eden Prairie Water Treatment Plant 2009 Roof Replacement project in which their work was performed in a very professional manner. Based on the review of project work scope with John A. Dalsin and Son, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $141,638.00 for the City of Eden Prairie City Center C.H. Robinson 2011 Clerestory Metal Roof Replacement Project be accepted from John A. Dalsin&Son, Inc. Please contact us if you need any additional information. Sincerely: ENVIRONMENTAL PROCESS, INC. a,—.....:' le ,e.,., Denny R. Langer,PE Project Manager Copy: Charles A. Lane,EPI EPI File No. 11-228 Attachments: Recap of Bids CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Sue Kotchevar, Office of the Automated Teller Machines (ATM) at the City Manager/Finance City Center and the Community Center Requested Action Move to: Approve lease agreement with Flagship Bank for Automated Teller Machine (ATM) at City Center and the Community Center. Synopsis The lease shall be for a period of one year. Attachments ATM Lease Agreements ATM LEASE AGREEMENT This agreement made May 1, 2011 by and between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie,MN 55344 referred to below as "Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle, Eden Prairie,MN 55344, referred to below as "Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration,the parties agree as follows: 1. Flagship Bank will install,without cost to the Lessor, one (1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor agrees to provide appropriate electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. Under no circumstances will the relationship between the Lessor and Flagship Bank be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced(including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty(30) days (except where said delay is due to a bona fide `force majeure' condition or is beyond the reasonable control of Flagship Bank),Lessor shall have the right to terminate this Agreement upon thirty(30) days written notice to Flagship Bank. 5. The term of the ATM Lease Agreement will be for a period of one(1)year commencing on the first day following the renewal date and the ATM Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement,this Lease shall automatically renew on a month-to-month basis unless a thirty(30) day written notice is given by either party to the other of their intent to terminate the term of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATMs or electronic devices by any bank, savings and loan association, financial institution, securities or brokerage firm, or other enterprise offering any financial services or products offered Flagship Bank,to be installed or operated on the Premises in exclusive, leased space to third parties. 6. The machine is, and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty(30) days written notice. Page 1 of 2 7. There will be no exterior signage advertising the ATM, and any indoor signage will occur in such places and size, location, and design as approved by the City. Flagship Bank shall have the right to place on the ATM and the adjacent portions of the site where applicable, all appropriate and required information and promotional signage mandated by federal and state law and regulation, municipal ordinance. 8. All employees,personnel,representative or agents of Flagship Bank doing any maintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment, installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to enable customers to have access to the ATM and for Flagship Bank or its agents for maintenance and servicing of the ATM including balancing and counting Cash. The space on the premise, as provided by Lessor, shall comply with the Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: If to Flagship Bank: City of Eden Prairie Flagship Bank Minnesota Attention: Sue Kotchevar Attention: Cathy Haukedahl 8080 Mitchell Road 7525 Office Ridge Circle Eden Prairie,MN 55344 Eden Prairie,MN 55344 This Agreement constitutes the entire Agreement between the Lessor and Flagship Bank with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. Agreed to and accepted by: Nancy Tyra-Lukens Cathy Haukedahl, VPBranch Manager Mayor, City of Eden Prairie Flagship Bank Minnesota Rick Getschow Jackie Herman, SVP/CFO-Director of Operations City Manager, City of Eden Prairie Flagship Bank Minnesota Date Date Page 2 of 2 ATM LEASE AGREEMENT This agreement made May 1, 2011 by and between the City of Eden Prairie Community Center, 16700 Valley View Road, Eden Prairie,MN 55344 referred to below as"Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle, Eden Prairie,MN 55344,referred to below as "Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration,the parties agree as follows: 1. Flagship Bank will install,without cost to the Lessor, one(1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor agrees to provide appropriate electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. Under no circumstances will the relationship between the Lessor and Flagship Bank be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced(including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty (30) days (except where said delay is due to a bona fide `force maj cure' condition or is beyond the reasonable control of Flagship Bank),Lessor shall have the right to terminate this Agreement upon thirty(30) days written notice to Flagship Bank. 5. The term of the ATM Lease Agreement will be for a period of one (1)year commencing on the first day following the renewal date and the ATM Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement,this Lease shall automatically renew on a month-to-month basis unless a thirty(30) day written notice is given by either party to the other of their intent to terminate the teim of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATMs or electronic devices by any bank, savings and loan association, financial institution, securities or brokerage firm, or other enterprise offering any financial services or products offered Flagship Bank,to be installed or operated on the Premises in exclusive, leased space to third parties, including C.H. Robinson and Independent School District#272. 6. The machine is, and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty(30) days written notice. Page 1 of 2 7. There will be no exterior signage advertising the ATM,and any indoor signage will occur in such places and size, location, and design as approved by the City. Flagship Bank shall have the right to place on the ATM and the adjacent portions of the site where applicable, all appropriate and required information and promotional signage mandated by federal and state law and regulation,municipal ordinance. 8. All employees,personnel,representative or agents of Flagship Bank doing any maintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment,installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to enable customers to have access to the ATM and for Flagship Bank or its agents for maintenance and servicing of the ATM including balancing and counting Cash. The space on the premise, as provided by Lessor, shall comply with the Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. • 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: If to Flagship Bank: City of Eden Prairie Flagship Bank Minnesota Attention: Sue Kotchevar Attention: Cathy Haukedahl 8080 Mitchell Road 7525 Office Ridge Circle Eden Prairie,MN 55344 Eden Prairie,MN 55344 This Agreement constitutes the entire Agreement between the Lessor and Flagship Bank with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. Agreed to and accepted by: Nancy Tyra-Lukens Cathy Haukedahl,VP/Branch Manager Mayor, City of Eden Prairie Flagship Bank Minnesota Rick Getschow Jackie Herman, SVP/CFO-Director of Operations City Manager, City of Eden Prairie Flagship Bank Minnesota Date Date Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Sue Kotchevar, Office of the Approve 2010 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2010 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Attachments Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/10 Transfer Transfer In Out Amount Explanation Allocation of Costs Improvement Projects 2006 Economic Development 115,000 Transfer the Economic Development fund's share of Single Tree Lane project Public Improvement Construction Utility Enterprise Fund 339,241 Transfer the Water/Sewer fund's share of the construction costs Public Improvement Construction Storm Drainage Enterprise Fund 185,874 Transfer the Storm fund's share of the construction costs Capital Maintenance and Improvement Fund Public Improvement Construction 21,332 Transfer the Public Improvement fund's share of the construction costs Storm Drainage Enterprise Fund Public Improvement Construction 106,150 Transfer the Public Improvement fund's share of the construction costs G.O. Improvement Bonds 2008B Flying Cloud Drive 173,000 Transfer the Improvement Projects 2006 Fund's share of assessments CIP Pavement Management CIP Trails 35,942 Transfer the CIP Trail Fund's share of the construction costs Pleasant Hills Cemetery Cemetery Perpetual Care 25,414 Transfer for capital improvements at the Cemetery Facilities Internal Service Fund Information Technology Internal Service Fund 800,000 Adjust to better provide for the City's capital needs,discussed at February 2011 workshop Capital Maintenance and Improvement Fund Information Technology Internal Service Fund 7,278 Transfer the Information Technology Fund's share of project costs Capital Maintenance and Improvement Fund Facilities Internal Service Fund 12,390 Transfer the Facility Fund's share of project costs Capital Maintenance and Improvement Fund General Fund 1,092,051 Transfer amounts above amount needed to maintain fund balance policy CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Office of the City Manager Proclamation for Stand Up for Kids Foundation Requested Action Move to: Approve the proclamation for Stand Up for Kids Foundation. Synopsis The Stand Up for Kids Foundation is a charitable organization committed to giving youth a vision of what their futures can be and providing the skills to achieve their dreams. The organization held its first annual fundraising dinner on April 15, 2011, at Wildfire in Eden Prairie. The event was hosted by Vikings Defensive Back Cedric Griffin, and brought together community and business leaders with NFL players to celebrate and promote the work of Stand Up for Kids. Attachment Proclamation cPgoCLAWOVOW City of Eden Prairie Hennepin County, Minnesota S-E-AMMO IlliFil WHEREAS, the Stand Up for Kids Foundation is a charitable organization committed to giving youth a vision of what their futures can be and providing the skills to achieve their dreams; and WHEREAS, the Stand Up for Kids Foundation's first annual fundraising dinner will be held on April 15, 2011, at Wildfire in Eden Prairie; and WHEREAS, this event, hosted by Vikings Defensive Back Cedric Griffin, will bring together community and business leaders with NFL players to celebrate and promote the work of Stand Up for Kids; NOW, THEREFORE, the Eden Prairie City Council proclaims April 15, 2011, as Stand Up for Kids Foundation Day. .*/ee... ...._.7 Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson CITY COUNCIL AGENDA DATE: April 19, 2011 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Wedding Day Diamonds Janet Jeremiah/Scott A. Kipp Addition Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 0.69 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is a 3,224 square foot mezzanine addition to the existing building. Background Information The mezzanine level is above the existing parking lot. Based on the total square feet for the building a total of 33 spaces are required. The plan shows 33 spaces. The building meets the exterior material requirements for 75% face brick, glass, and natural stone. Rooftop mechanical screening and brick trash enclosure are proposed. The 120-Day Review Period Expires on July 1, 2011. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. Attachments 1. Resolution for PUD Concept Amendment 2. Staff Report dated March 25,2011 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Unapproved Planning Commission Minutes dated March 28,2011 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF WEDDING DAY DIAMONDS ADDITION FOR WEDDING DAY DIAMONDS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on March 28, 2011, on Wedding Day Diamonds Addition by Wedding Day Diamonds, and considered their request for approval of the PUD Concept Amendment plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on April 19, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Wedding Day Diamonds Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans stamp dated March 4, 2011. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission March 28, 2011. ADOPTED by the City Council of the City of Eden Prairie this 19th day of April, 2011 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen. Porta, City Clerk EXHIBIT A Wedding Day Diamonds Addition PUD Concept Amendment Legal Description: Lot 2, Block 2, The Preserve Commercial Park North 2nd Addition, according to the recorded plan thereof, Hennepin County, Minnesota. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: March 25, 2011 PROJECT: Wedding Day Diamonds LOCATION: 8320 Crystal View Road APPLICANT: Tanek, Inc. OWNER: Crystal View Partners, LLC 120 DAY REVIEW: Expires July 1, 2011 REQUEST: • Planned Unit Development Concept Amendment on 0.69 acres • Planned Unit Development District Review on 0.69 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres • Site Plan Review on 0.69 acres Staff Report—Wedding Day Diamonds March 25, 2011 Page 2 BACKGROUND The property is guided Regional Commercial land. The property is zoned Commercial Regional Service. SITE PLAN The project is a 3,224 square foot expansion of the building. The site has a base area ratio of 0.16, and a floor area ratio of.24. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The building expansion is a mezzanine level above the existing parking lot. The code requires 33 parking spaces. The proposed plan shows 33 parking spaces. All building and parking setbacks meet city code. GRADING AND DRAINAGE Grading is necessary to construct the proposed rainwater garden along Crystal View Road. LANDSCAPING Based on the building addition, 12 caliper inches of trees will be required. The plan provides the required caliper inches. ARCHITECTURE The building meets the exterior material requirements for 75% face brick, glass, and natural stone. Roof top mechanical equipment screening is metal. The trash enclosure will is face brick walls with door. SITE LIGHTING The existing parking lot lighting is downcast cut-off fixtures on 20 foot poles. STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Amendment on 0.69 acres • Planned Unit Development District Review on 0.69 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres • Site Plan Review on 0.69 acres Staff Report—Wedding Day Diamonds March 25, 2011 Page 3 This is based on plans stamp dated March 4, 2011 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. 2. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan. B. Review the plans with the Fire Marshal C. Provide samples of exterior materials for review and approval. Area Location Map - Wedding Day Diamonds Address: 8320 Crystal View Road, Eden Prairie, MN 55344 Regional Center Road is A N ERR■ 7 7 Commonwealth Drive Middleset Road . . \ \ <,- . \ CD41:S \ I Flying Cloud Drive 0 \ N. \ . \ 4.. N. N. N. N. N. N.N. N. N. N. N. \ \ . Prairie Center Drive ` \ \ ARa ` RAF F 10i: CASTLtMPO \ a 0 - 1 Feet \ Guide Plan Map Wedding Day Diamonds 8320 Crystal View Road, Eden Prairie, MN 9-7//,-- 4 ., Commonwealth Drive I Middleset Road Flying Cloud Drive /i #iI . N. Crystal View Road N. N. N. N. N. N. N. N. N. N. Prairie Center Drive 1 ,* , , , ‘ Illllllllllllllllllay._ N. N. City o • en e a ��*:� Pia ap4pI 0 \ _ - - - _ _ _ - Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial • Principal Arterial / A Low Density/Public/Open Space - Regional Commercial -A Minor Arterial - B Minor Arterial ' ' + '� Medium Density residential 2.5-10 Units/Acre-Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collect DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n aj or Medium Density Residential/Office - Park/Open Space DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary V/ Office/Industrial Open Water Mnw=opmP& .o•.m_• ®•.a..a•, •„ .a N.,ar ,.,o® LiVE•wOB1C•QAEAM VA Office/Public/Open Space Right-Of-Way 0.25 0.125 - Industrial I Miles Zoning Map Wedding Day Diamonds 8320 Crystal View Road, Eden Prairie MN Middleset Road Flying Cloud Drive iill milkopiii Crystal View Road ,\III\o - Prairie Center Drive I %//s*s***o 41111 . A001Akt1/4/ of Eden Prairie Zoning / :11111.111 . Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial wa ,op....,��mo..,...,ti4.. Miles o..o.a., ...L.I..m ,..,,m„ Aerial Map Wedding Day Diamonds 8320 Crystal View Road, Eden Prairie, MN 'JF 6• 1 WI n rc� 0 Y A. 0.. ti _ r , -al 'All :-. ' •dellirNi\pill .'' ! R I Y —it p,, .,., Middleset Road /�M+ r I�n-per m .� F, ¢, • N f - I ,� ,dam wI • r ., Crystal View Road OFF sll M'�. �4ti fir. • i' - ` 6 Pe P 1 ? / Flying Cloud Drive F � rF , ��/ ti '� a, s ■ ^ 49 to,f 4GOill../itoAtp : 7 //// .1/ ill7. FA Apt A • - '- lit. ."" .,,,,,.ib,..._. L71, V P *AIP ''',. fiii .. `N........;00.* ,, ' ',,I.C. • v. '.14111. : '' ,'• r. -RAna^ tom' t n /FF� r h - Prairie Center Drive �� 1 -, ati . iiir\I r ,l4 i i gt, . : : r;w. t. ' d , .' tee` r .' .r.i `y��/ d' r . f .� 1 OPT �' i UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 28, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Scott Kipp, Senior Planner Regina Rojas, Planner 11 Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 14, 2011 MOTION by Kirk, seconded by Schultz, to approve the minutes. Motion carried 5-0. Lee and Stoltz abstained. VI. PUBLIC HEARINGS A. WEDDING DAY DIAMONDS by Tanek, Inc. Request for: • Planned Unit Development Concept Amendment on 0.69 acres • Planned Unit Development District Review on 0.69 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres • Site Plan Review on 0.69 acres Nathanial Shea, 118 E. 26th Street, Minneapolis, of Tanek Architects, presented the proposal. He stated they would like to expand the second floor. It would be an addition to the existing building, using the same materials. Stoltz asked Kipp to review the staff report. Kipp stated this is an addition of approximately 3,200 square feet and conforms to City requirements. Staff recommends approval. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Mr. Shea if there are handicapped limitations to the second floor. Mr. Shea said the second floor is just for office use with no public or common areas. Wuttke asked how many other businesses on Crystal View Road have rain water gardens. Kipp stated this facility will have one but he is unsure if other businesses in the area, such as Walgreens, have one. Wuttke commented to Rue, based on topography, slope and grading, it looks like more than half of the water will not enter into the rain water garden and asked what percentage of rainwater he thought would be going into the rain water garden. Rue stated typically you cannot infiltrate the whole site, so in this case, they have infiltrated a portion of the parking lot. Lechelt asked if there are infiltration basins under the parking lot. Mr. Shea stated they have not considered infiltration basins under the parking lot. Lechelt asked if the first inch of water would go into the rainwater basin. Mr. Shea stated he could not answer that question, because he was unsure. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Pitzrick, to recommend approval of the Planned Unit Development Concept Amendment on 0.69 acres, Planned Unit Development District Review on 0.69 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres, and Site Plan Review on 0.69 acres based on plans stamped dated March 4, 2011 and the staff report dated March 25, 2011. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Redstone ITEM NO.: IX.B. Community Development/Planning American Grill Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for P lanned U nit D evelopment C oncept Amendment on 2.97 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning D istrict A mendment w ithin the C ommercial R egional S ervice Zoning District o n 2.97 acres; and • Direct S taff t o pr epare a D evelopment A greement i ncorporating S taff a nd Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Grading P ermit for Redstone American Grill project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 14, 2011, as approved by the City Council; and • Approve a nd A uthorize Issuance of a f ooting a nd f oundation pe rmit f or t he Redstone American Grill p roj ect s ubj ect t o r elease b y the C hief B uilding 0 fficial th at th e building permit conforms to plans stamp dated April 14, 2011, as approved by the City Council. Synopsis This project is a 1,000 square foot banquet room addition to the existing building. The project requires two waivers: • A shoreland setback waiver from 200 feet to 110 feet. • An impervious surface waiver from .734 to .737 or 389 square feet. Background Information In 2001 the City granted a shoreland setback waiver to 60 feet for the existing building. Reasons to consider the waiver are that the addition is further from the lake than the existing building; and the proposed setback is consistent with other setbacks for existing buildings adjacent to the lake. In 2001 an impervious surface waiver was granted based on mitigation which was the construction of a treatment pond. The plan has been revised to increase the stormwater pond size to show mitigation for increased impervious surface. The 120-Day Review Period Expires on July 15, 2011. Planning Commission Recommendation The Planning Commission voted7-0 to recommend approval of the project at the March 28, 2011 meeting. Attachments 1. Resolution for PUD Concept Amendment 2. Staff Report dated March 25, 2011 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Unapproved Planning Commission Minutes dated March 28, 2011 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF REDSTONE AMERICAN GRILL FOR IDLEWILD PROPERTIES,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on March 28, 2011, on Redstone American Grill by Idlewild Properties, LLC, and considered their request for approval of the PUD Concept Amendment plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on April 19, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Redstone American Grill, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans stamp dated April 14, 2011. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission March 28, 2011. ADOPTED by the City Council of the City of Eden Prairie this 19th day of April, 2011 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Redstone American Grill PUD Concept Amendment Legal Description: Lot 1, Block 1, Idlewild 2nd Addition, Hennepin County, Minnesota. STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: March 25, 2011 SUBJECT: Redstone American Grill APPLICANT: Wilkus Architects OWNER: Idlewild Properties, LLC LOCATION: 8000 Eden Road 120 DAY REVIEW: Expires July 15, 2011 REQUEST: • Planned Unit Development Concept Amendment on 2.97 acres • Planned Unit Development District Amendment on 2.97 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres • Site Plan Review on 2.97 acres Staff Report—Redstone American Grill March 25, 2011 Page 2 BACKGROUND The Comprehensive Guide Plan shows the site as Town Center. Surrounding land uses are Town Center. The property is zoned Commercial Regional Service. SITE PLAN The plan shows a 1,000 square foot banquet room addition to the existing 11,610 square foot restaurant. The Base Area Ratio and Floor Area Ratio are 0.10. City Code permits up to a 0.20 BAR and 0.40 FAR in the Commercial Regional Service District. The building meets the setback requirements for the Commercial Regional Service District. The parking requirement is 170 spaces. The plan shows 180 parking spaces exceeding the parking code requirement for restaurant. PLANNED UNIT DEVELOPMENT WAIVER The project requires two waivers: • A shoreland setback waiver from 200 feet to 110 feet. In 2001 the City granted a shoreland setback waiver to 60 feet for the existing building. Reasons to consider the waiver are that the addition is further from the lake than the existing building; and the proposed setback is consistent with other setbacks for existing buildings adjacent to the lake. • An impervious surface waiver from .734 to .737 or 389 square feet. In 2001 a waiver was granted based on mitigation which was the construction of a treatment pond. There are three possible solutions to mitigate the increased impervious surface: increase the existing stormwater pond size, replace a portion of the asphalt with permeable materials or convert some parking stalls into landscaping. Prior to City Council review the applicant shall revise the plans to show mitigation for increased impervious surface. ARCHITECTURE All proposed building materials meet the City Code requirement of 75% face brick, glass or natural stone. 2 Staff Report—Redstone American Grill March 25, 2011 Page 3 STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 2.97 acres • Planned Unit Development District Amendment on 2.97 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres • Site Plan Review on 2.97 acres This approval is based on plans dated March 18, 2011, subject to the recommendations of this Staff Report, and the following: 1. Prior to City Council, the proponent shall: A. Revise plans to show mitigation for the increased impervious surface. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Submit samples of exterior building materials and colors for review. 4. The following waivers are granted through the PUD for the project: A. Planned Unit Development waiver from 200 feet to 110 feet for shoreland setback. B. Planned Unit Development waiver from .734 to .737 or 389 square feet for impervious surface. 3 Area Location Map - Redstone American Grill Address: 8000 Eden Road, Eden Prairie, MN 55344 - - - - - - - - - - _ / Technology Drive Lake Idlewild ILEO Eden Road NA RD SITE Glen Lane 1 cc if Pi.,8?„ w UJ LFlying Cloud Drive J 137.5 275 550 Feet m I i 7 i I i l I 4_ Guide Plan Map Redstone American Grill 8000 Eden Road, Eden Prairie, MN \s"-----,_ ___ i ligli ire _....., .‘/ Technology111114 D �i 111r111111 El I .1. Pall 4;711111. Eden Road %i ,4A rrr r7 A, i : Erij oud Drive VAt, ee Lane . _ _ — Glen Lane AA P/ -, vim/ Or peA -4"j - A ,r0,irr, I : 4 4/ irr 1/;,/,:),'id 0'i 4"7141, I.7 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial • Principal Arterial / A Low Density/Public/Open Space - Regional Commercial -A Minor Arterial — B Minor Arterial ' ' + 'l Medium Density residential 2.5-10 Units/Acre-Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 MajorDATE Revised 01-07-05 DATE Revised 03-01-07 E E N n Collector Medium Density Residential/Office - Park/Open SpaceDATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary r//� Office/Industrial Open Water Mnw�o.Z .o•.m_• ®•.. .:r. •„ .a.®u®YeF • 1e 0® L�6L•WOB1C•QAEAM VA Office/Public/Open Space .Right-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Redstone American Grill 8000 Eden Road, Eden Prairie MN 414111 Technology Drive ,_ ___. , 4% i IP \\-_,....,___ ._____, \ /al% 494 4 RD pir IL Flying Cloud Drive iiimill Eden Road II ----..,....milligiegoLlill 1111111 .1.7."41- • ••••••""imil, III Singletree Lane41 41 2 - o Ed �•r oning Map Rural -Regional Commercial Shoreland Management Classifications N R144 One Family-44,000 sf.min. 1-7TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I I TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. II TC-MU I GD I General Development Waters(Creeks Only) l i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. 1.111 General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 -Regional Service Commercial Milesa_1p..m..,rmo..•..�14...o..o.a., ..._...m...m ,..,,m„ Aerial Map Redstone American Grill 8000 Eden Road, Eden Prairie, MN y P. ,� r r • { '...r'.,,- '{ _. f yy a} E1 .la, Pt 1 a _ I ! " r Technology Drive , y -- 1i .111 Ill. J I. iF •. 1.7 . -44'LI ''1-'7' '(/i - - - _, % • litj `fit:}Yr"' d�e}'1,7s'.1 ,..41 4.i P � r f r� ` L. -. a.. s+ x r. _ 4 q f F r A �- / 'L..t -� Fk Z r. } f ..0 ' tit.. ..fir. 540t A� • ,� '• .�! =15.4 rx - - --- . ` -►" *� SITE ■ -,,-4 1 ki le i: Cd 1- le - f ,72 k.. . . •! 'a x. .... . r ) 101 11.1K:', T .:,- Eden Road It4lAwlk + - 1ji I .s _r loo am `!*., n,�. _ ' ...A ti ....`rn tie ay i • ti �� - '. AL:tif •. i • ! It's E: __ - ince s- F 11 Fir r$ _ 44 ,. • ii 116411H _ Glen Lane F Flying Cloud Drive '4 I,t, '—I : .r" . wit ' rE . F Y' 7e"L" r r I- F • r�r r p hil,„ f UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 28, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Scott Kipp, Senior Planner Regina Rojas, Planner 11 Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 14, 2011 MOTION by Kirk, seconded by Schultz, to approve the minutes. Motion carried 5-0. Lee and Stoltz abstained. VI. PUBLIC HEARINGS A. REDSTONE AMERICAN GRILL by Jim Sultany Request for: • Planned Unit Development Concept Amendment on 2.97 acres • Planned Unit Development District Review on 2.97 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres • Site Plan Review on 2.97 acres Michael Wilkus, of 11487 Valley View Road, Eden Prairie, of Wilkus Architects, presented the proposal. He stated they would like to add on an addition for a banquet facility. They will be using the same materials as the existing building. Stoltz asked Rojas to review the staff report. Rojas stated there are two waivers being requested. The first one is an impervious surface waiver and the second one is a shoreland setback waiver. Staff recommends approval. Stoltz opened the meeting up for public input. There was no input. Schultz asked Rojas if this addition alters parking. Rojas said five spaces will be removed, but even with the removal, they still meet code. Lechelt asked Mr. Wilkus what plans are in place to mitigate impervious surface. Mr. Wilkus said the plan is to increase the pond that would handle the 300 square feet. Lechelt asked if that would be the lake behind the building. Mr. Wilkus stated it is not the lake but would be its own run-off pond. Lechelt asked Mr. Wilkus if the client is concerned about taking away the five stalls of parking. Mr. Wilkus said they are concerned and that is why they are trying to minimize any more loss of parking and that is why they are increasing the pond size. Pitzrick asked Staff how they evaluated this site as Town Center. Rojas said the property is in Sub Area 2 of the major center area and its uses shows restaurants of this type. Rojas stated this is an appropriate use for the Town Center area. Pitzrick said that is interesting because the way the guide plan currently reads, the subdivisions have been taken out and should be mixed use with structured parking and felt that should be ignored with the current project. Stoltz asked Pitzrick if he was in favor of this project. Pitzrick commented that he is in favor of this current project. Lechelt asked if the City is still moving forward with the subsections in the guide plan or has it been removed. Rojas said she cannot comment on that but would have Mike Franzen get back to the Commission. Stoltz asked if the parking spots being taken away were handicapped. Mr. Wilkus said they were not handicapped spots. Wuttke asked if the impervious surface waiver is of minimal concern for staff. Rojas stated that was correct; it is of minimal concern. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Pitzrick, to recommend approval of the Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres and Site Plan Review of 2.97 acres based on plans stamped dated March 18, 2011 and the staff report dated March 25, 2011. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Code Amendment - Exterior Materials Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading o f t he Ordinance to a mend C ity C ode Section chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural precast and precast concrete panel; amending section 11.03, subdivision 3. k relating to architectural standards; and adopting by reference city code chapter 1 and section 11.99, which among other things contain penalty provisions. Synopsis This code amendment is adding cast stone, cultured stone, architectural precast, and precast concrete panel to the list of exterior materials in the 75% category in Commercial, Office, Town Center, High Density and Public Zoning Districts. The reasons for doing this are as follows: • Looks like real stone • There are a variety of colors, textures and shapes available • Flexibility for the architect • Cost savings for the developer/owner • Environmentally friendly Background Information There are advantages to using cast stone, cultured stone, architectural precast, and precast concrete panel. 1. Speed of construction—Can be constructed year round. 2. Aesthetic flexibility—there are a variety of textures, colors, finishes and inset options. 3. Durability—minimal wear over time. 4. Maintenance -Precast concrete panels require caulking only every 15 to 20 years to maintain their reliability. This makes precast concrete easier to maintain than other façade materials. The panels' fewer locations for moisture penetration prevent unsightly stains or damage to interiors. Joints can be inspected quickly to find any locations that need attention. 5. Year round energy efficiency — Materials h ave a h igh t hermal m ass an d can b e enhanced with an insulated c ore. The thermal m ass o f concrete buildings s ayes energy year-round b y reducing temperature s wings. A concrete bui lding w ill r equire c ooling mainly dur ing of f-peak t imes, w hen pow er i s pr oduced m ore e fficiently. T he s ame building w ill a lso c ost 1 ess t o he at t han a comparable s tructure m ade of di fferent materials. 6. Environmentally friendly— locally produced, no job waste, its durability requires fewer chemicals to keep it clean and maintained, forms and molds can be reused. 7. LEED Certification • Concrete's durability helps it maintain its appearance, so the building shell can remain in place longer. Precast concrete panels can be reused if a building's use changes or for renovation. • Forms and moulds used in casting are reusable so no subsequent disposal is required. • Design minimizes construction waste since it provides literally no on-site waste. • Products often contain manufacturing by-products such as fly ash, silica fume and blast furnace slag that otherwise find their way to a landfill. • Reinforcing steel used is produced from post-consumer recycled material. • Concrete raw materials are generally shipped from sources within close proximity of the manufacturing facility. Material and labor costs • Brick $20-24/sf • Natural stone $35-40/sf • Cast stone $20-40/sf • Cultured stone $22-30/sf • Architectural precast panel $20-40/sf • Precast concrete panel $20-40/sf Planning Commission Recommendation The Planning Commission reviewed this item 2 times before recommending that the ordinance be adopted by a vote of 5-0 at the February 28, 2011 meeting. The Planning Commission first reviewed this item in March of 2010 and looked at material samples and felt comfortable that these materials should be added to the list of approved materials in the 75% category. In January of 2011 the Planning Commission reviewed city codes from neighboring communities and determined that the proposed code was similar. Attachments 1. Ordinance 2. Staff Report—March 22, 2010 3. Staff Report—January 7, 2011 4. Staff Report- February 25, 2011 5. Planning Commission Minutes March 22, 2010 6. Planning Commission Minutes January, 10, 2011 7. Planning Commission Minutes February 28, 2011 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE - 2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02 BY THE ADDITION OF DEFINITIONS FOR CAST STONE, CULTURED STONE, ARCHITECTURAL PRECAST AND PRECASE CONCRETE PANEL; AMENDING SECTION 11.03, SUBDIVISION 3. K RELATING TO ARCHITECTURAL STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.02. is amended by adding the following definitions: 74. Architectural Precast - a panel with a concrete backing with a veneer of brick, natural stone, or cast stone. 75. Cast Stone - a precast concrete building stone similar in appearance and manufactured to simulate the texture, color, and appearance of natural cut stone. 76. Cultured stone - a precast concrete veneer made to resemble natural cut stone in color, texture, and appearance. 77. Precast Concrete Panel- a panel made from a mix of cement,water, aggregate, and admixtures that is place in a form and cured. Section 2. City Code Section 11.03. K. 2 i s amended by adding after the word "Pub"in the first line the district designations "TC-C, TC-R, TC-MU" and adding after the words "3) glass" the following: "4) Cast S tone; 5) Cultured S tone; 6)Architectural Precast; 7) Precast Concrete Panel with an exposed aggregate o f granite, marble, limestone, or other natural stone material with at least two architectural reveals per panel." Section 3. City Code Section 11.03. K. 3 is amended by adding after the words "5)rock face"the following: "6) Cast Stone; 7) Cultured Stone; 8) Architectural Precast; 9) Precast Concrete Panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two architectural reveals per panel." Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to Entire C ity C ode i ncluding P enalty for V iolation" a nd S ection 11.99, e ntitled"Violation a Misdemeanor" are hereby adopted in their entirety, b y reference, a s though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19t1 day of April, 2011 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2011. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: March 22, 2010 SUBJECT: Discussion Item - Code Change Exterior Materials BACKGROUND Staff is asking the commission for a recommendation on the following items. 1. Creating a list of permitted exterior materials for the 75% category for the Town Center Districts. 2. Adding new exterior materials to the list of permitted exterior materials in the 75% category in the commercial, office, high density, public, and industrial districts. 3. Adding new exterior materials not listed in the Town Center or other districts to the listed of permitted exterior materials in the 75% category. TOWN CENTER EXTERIOR MATERIALS The architectural standards in the Town Center Zoning district are: "All buildings shall comply with the architectural standards in section 11.03 Subd 3(k) of Chapter 11 of the City code and in substantial conformance with the Town Center Design Guidelines. " The Town Center Guidelines identifies a list of acceptable exterior materials but does not include a percentage. Section 11.03 Subd(K) indentifies a list of acceptable materials as a percentage of the building's exterior for all districts except the Town Center. There is a 75% category and a 25% category. The guidelines suggest the following exterior materials for commercial, mixed use, and office buildings. • Brick • Stone • Glass • Cast stone • Precast concrete panels with an exposed aggregate 1 The guidelines suggest the following exterior materials for residential buildings. • Brick • Stone • Glass • Cast Stone • Wood • Stucco • Vinyl or metal siding COMMERCIAL, OFFICE, PUBLIC, HIGH DENSITY,AND INDUSTRIAL EXTERIOR MATERIALS Section 11.03(k) identifies materials as follows: In the commercial, office, high density residential, and public zoning districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, and natural stone. Wood, glass, stucco, metal,plastic, cannot exceed 25% of a building's exterior finish. In the industrial districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, natural stone, specially designed precast units if the surfaces have been integrally treated with a decorative material or texture and smooth concrete block if scored at least twice, and rock face block. Wood, glass, stucco, metal, plastic, cannot exceed 25% of a building's exterior. BRICK Bricks are traditionally manufactured by mixing clay with enough water to form a mud that is then poured into a mould of the desired shape and size, and hardened through fire or sun. In the past, bricks came in many different shapes and sizes, but today's modern bricks tend to be a standard size of around 8" x 4" x 2". They demonstrate a wide variety of textures, colors and finishes from yellows, reds and purples, to smooth, rough and rustic. These are due to the mineral variations found in the clay, and the method of manufacturing. Bricks are a versatile and durable building and construction material, with good load-bearing properties, high thermal mass and potential low energy impact. They measure high on the sustainability index, being made from locally available materials of clay, sand, and water, using low technology compression equipment, solar energy or kilns. Most of the commercial, office, and high density residential projects in the City have brick as the primary building material. 2 GLASS Clear windows are used to cover small openings in a building. They provided the ability to both let light into rooms while at the same time keeping inclement weather outside. Glass is generally made from mixtures of sand and silicates, in a very hot fire stove called a kiln and is very brittle. Very often additives are added to the mixture when making to produce glass with shades of colors or various characteristics. Glass is also used in architectural buildings. Glass "curtain walls" can be used to cover the entire facade of a building, or it can be used to span over a wide roof structure. These uses though require some sort of frame to hold sections of glass together, as glass by its self is too brittle and would require an overly large kiln to be used to span such large areas by itself. STONE Stone veneer is the most common use of natural stone today. Full veneer is 4 inches thick. Thin veneer is generally .5 to 2 inches thick. Thin veneer minimizes the number of acres necessary for quarries. Being light weight in comparison, natural thin veneer stone can be transported for 1/3rd the cost. Typically, 1000 square feet of full veneer building stone can be transported on a 24 ton load truck. Using natural thin stone veneer, there is over 3000 square feet per 24 ton load. Transportation costs and fuel savings are easily a large factor when comparing thin veneer versus full. The cutting process of stone creates a mist of water and sludge which goes into a series of retention ponds where the solids (stone) settle out of the water before the water is recycled back into the building to go through the process again. These ponds are cleaned two to three times per year where the sludge is extracted and hauled to a local landfill. CAST STONE Cast stone is a precast concrete building"stone", similar in appearance and manufactured to simulate the color, texture and appearance of natural cut stone. Cast stone is used as a masonry product to provide architectural trim, ornamentation, or functional features on buildings. Since most other building products are standard(e.g. brick, windows, doors, etc.) or less visible (e.g. structural components), the Cast Stone is the custom element of the building facade which fits with the standard products to provide the architectural character or aesthetic appeal of the building or structure. Cast Stone provides a similar look, is stronger than, weathers better, has greater color consistency, can be reinforced, and cost less than natural cut stone. Cast Stone is currently permitted by City code in the 25% category as a specially designed precast concrete with a surface that has been integrally treated with an applied finish . Grace Church has cast stone columns. 3 | 4 • 01 `•••••• . • • ,,\N"\\ CULTURED STONE Cultured stone is a lightweight product that is designed to be adhered to a structural wall. Cultured stone products can be less expensive than natural stone, it's generally considered easier to handle and install, there are no steel requirements for installation, no footings are required, and no structural changes are necessary for second-story applications. Cultured Stone is currently permitted by City code in the 25% category as a specially designed precast concrete with a surface that has been integrally treated with an applied finish . 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Ar - _,... ,. 1 ' ': -•• ..-. — -' '- '. -4•'--- I ;.. , E.-' - -....,,,,,'1.,,:-` A' -•-••••••••-•- .. • " - ' .: --• -`--, 5.-•,-.4- .o-_,,r.,.., -. . -. _ "--=.•.7%.t r-51' - -5--•VIC,--'w ' '-* .'.' ciat'' . L'' -'r,4 f e Akivtgatiii.e.....,..: -.''-'• c r t_-4.o...- _',---•:,--AA--....--. :.---o-.4, :.", - --- : 7'''''•- "- - '-- .4F- / . - -- _...- + . _ . - ••• . ,411111111' - - r_ ii, • - 7 .. . „ . • If --.-:. . 1-ili .- 0..... • • . .. • ..... - " . • •. ? . • ,. , ,.__:_ , _ ........_..... .... _ , . .. _ 1.,..,... ,.,,, , • ............A. . , . . . ,... ..._ ,. •. . . . ..., ... . , _ „,. • , .. .. Jr-- ,.....„4„ . , ;...... ....ar ...AL .••., - 4 . ' -...I....''..-ii' -. •i.... i 11 • 7 ARCHITECTURAL PRECAST PANEL Architectural Precast is generally used as large wall panels with concrete as a backing with a veneer of either brick, natural stone, or cast stone. The concrete is placed in a form and cured. The panels are then transported to the construction site for erection in place. Architectural precast with a brick or stone veneer is permitted in the 75% category. Architectural precast with a cast stone veneer is permitted in the 25% category as a specially designed precast concrete with a surface that has been integrally treated with an applied finish .Target and Grace Church have architectural precast panel. 1 lei • 141W • A,, -- EW . r.! mai • .1 immosiumium::Laiummi — 8 1 _.%ii __ .__ #N is a nu _. ___. ___ 1 • .__n ... . _ . __.; 1 .. . _1._ „_____ _ ir . _ ____ .i. i'. _ ., - _ __ _ _ ___ .. i .. .. . ..... ... 7.,.....„. .._ . ___ !/.. • • • .f . • • • . • • PRECAST CONCRETE PANEL Precast concrete consist of a concrete ( a mixture of cement, water, aggregate, and admixtures) that is cast into a specific shape at a location other than at the project site. The concrete is placed in a form and cured. The panels are then transported to the construction site for erection in place. Precast panels have been used mostly on industrial buildings in the City. The following buildings have a precast panel permitted by waiver. • Southwest Crossing, 1985, 40%precast and 60% glass (11095 Viking Drive) • Wilson Ridge, 1986, 60%precast and 40% glass (7500 Flying Cloud Drive) • Wilson Office (ATK) 2007, 60%precast and 40% glass ( 7480 Flying Cloud Drive) a; 4 Y w �.e.fc...W--rr"+. _ V ---„_ —'_"-7 _ Vic.' �.���.+^^T+`^^�._F.��- �.--!�-�1..--'+y _, •,_-rr•',— .__ ' Lr * _ _ • --• � - .. _" = •' .- _ ram - ,-_ _r a _ - .S' .. - -- � • _ • . - _ .. - 10 ADVANTAGES TO USING CAST STONE, CULTURED STONE, PRECAST ARCHITECTURAL PANELS,AND PRECAST CONCRETE PANELS 1. Speed of construction—Can be constructed year round. A brick façade can be easily achieved with precast concrete using inset thinbrick techniques, in which thin (1/2 to 1 in.) clay tiles are cast into the panel's face. This technique eliminates the long scheduling needs of laid-up brick while removing several trades from the site. It ensures a high- quality, evenly spaced appearance that is difficult to achieve with field-laid-up brickwork. And the panelized system provides fast erection of entire walls, speeding construction. 2. Aesthetic flexibility—there are a variety of textures, colors, finishes and inset options. Architectural precast concrete panels offer a plasticity in shapes, curves, and geometries that can interface smoothly with glass and other modern materials. The designer can also add pigment to the concrete and provide several tones within one panel by using various surface finishes. These capabilities give designers more versatility in designing panels while minimizing the number of components. A wide range of finish combinations and textures can be achieved, with more than one finish provided within one component. 3. Durability—minimal wear over time. 4. Maintenance -Precast concrete panels require caulking only every 15 to 20 years to maintain their reliability. This makes precast concrete easier to maintain than other façade materials. The panels' fewer locations for moisture penetration prevent unsightly stains or damage to interiors. Joints can be inspected quickly to find any locations that need attention. 5. Year round energy efficiency — Material has a high thermal mass and can be enhanced with an insulated core. The thermal mass of concrete buildings saves energy year-round by reducing temperature swings. A concrete building will require cooling mainly during off-peak times, when power is produced more efficiently. The same building will also cost less to heat than a comparable structure made of different materials. 6. Environmentally friendly— locally produced, no job waste, its durability requires fewer chemicals to keep it clean and maintained, forms and molds can be reused. 7. Leed Certification • Concrete's durability helps it maintain its appearance, so the building shell can remain in place longer. Precast concrete panels can be reused if a building's use changes or for renovation. • Forms and moulds used in casting are reusable so no subsequent disposal is required. • Design minimizes construction waste since it provides literally no on-site waste. • Products often contain manufacturing by-products such as fly ash, silica fume and blast furnace slag that otherwise find their way to a landfill. 11 • Reinforcing steel used is produced from post-consumer recycled material. • Concrete raw materials are generally shipped from sources within close proximity of the manufacturing facility. WHAT DO EXTERIOR MATERIALS COST? (material and labor) • Brick $20-24/sf • Natural stone $35-40/sf • Cast stone $20-40/sf • Cultured stone $22-30/sf • Architectural precast panel $20-40/sf • Precast concrete panel $20-40/sf STAFF COMMENTS Cast Stone • Looks like real stone. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. • Should be permitted as a 75%material in the commercial, office, public, high density residential, industrial, and all Town Center Districts. Cultured Stone • Looks like real stone. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. • Should be permitted as a 75%material in the commercial, office, public, high density residential , industrial, and all Town Center Districts. Architectural Precast Panel • It is a veneer of real stone, cast stone, or brick. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. • Should be permitted as a 75%material in the commercial, office, public, high density residential, industrial, and all Town Center Districts. 12 Precast Concrete Panel • The panel must have an exposed aggregate chip. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. • Should be permitted in the 25% category in the commercial, office,public, high density residential and all Town Center Districts. The panel's work best in office buildings where there is a high percentage of glass, with a design that has a lot of movement both horizontal and vertical. A square shape office, commercial or residential building would look more industrial with the precast panel. Should continue to allow more than 25% precast by waiver as a tradeoff for a better architectural design. TOPICS FOR DISCUSSION 1. Should cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category in the commercial, office, high density residential, public, and industrial zoning districts ? 2. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Commercial District? 3. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Residential District? 4. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be include in the 75% category for the Town Center Mixed Use Residential District? 13 STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: January 7, 2011 SUBJECT: Discussion Item - Code Change Exterior Materials MARCH 22, 2010 MEETING 1. The commission viewed a presentation on new exterior materials including cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip. 2. The commission discussed and answered yes to the following questions. • Should cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category in the commercial, office, high density residential,public, and industrial zoning districts ? • Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Commercial District? • Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Residential District? • Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be include in the 75% category for the Town Center Mixed Use Residential District? 3. The commission directed staff to look at exterior material requirements in neighboring communities and communities with town centers. 1 STAFF ANALYSIS Staff looked at exterior material requirements in the following cities and cities with Town Centers: Cities: Cities with Town Centers Bloomington Burnsville Burnsville Eden Prairie Eden Prairie Maple Grove Edina Plymouth Maple Grove St. Louis Park Minnetonka Plymouth St. Louis Park 1. 8 of 8 cities have an exterior material requirement. 2. 7 of 8 cities list brick, glass, and stone, as exterior materials. 3. 3 of 8 cities have a percentage requirement. (Eden Prairie, Burnsville, St. Louis Park) 4. 5 of 8 cities permit cast stone 5. 3 of 8 cities permit cultured stone 6. 7 of 8 cities permit precast architectural panels 7. 8 of 8 cities permit precast panels with an exposed chip. 8. 2 of 5 cities with a Town Center have higher exterior material standards than other districts. 9. All cities require site plan approval of exterior materials. STAFF RECOMMENDATION 1. Add cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip in the 75% category in the commercial, office, high density residential,public, and industrial zoning districts. 2. Add brick, glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Commercial District. 3. Add brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Residential District. 4. Add brick, glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Mixed Use Residential District. 2 EXTERIOR MATERIAL SUMMARY BLOOMINGTON Applies to commercial, office, high density and mixed use. The code has a list of exterior materials with no percentage requirement. Permitted exterior materials are brick, natural stone, glass, exterior cement plaster(stucco), architectural concrete, metal. BURNSVILLE Applies to office and commercial. The code has a list of major and restricted exterior materials and no percentage requirement. Permitted major exterior materials are face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Special conditions for use of stucco and precast. Restricted exterior materials are unadorned pre stressed concrete panels, whether smooth or raked, non decorative concrete block, sheet metal, corrugated metal or unfinished metal shall not be used as exterior materials. BURNSVILLE HEART OF THE CITY Applies to Heart of the City. The code has a list of exterior materials and a percentage requirement. Permitted primary materials shall cover at least sixty percent(60%) of the facade of a building with brick, stone, glass. Permitted secondary materials may cover no more than thirty percent(30%) of the façade decorative with block or integrally colored stucco, fiber cement siding(color impregnated or painted) in vertical panel design only with hidden seams. Permitted accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than ten percent(10%) of the facade for wood, metal or fiber cement when used in trim, fascia or soffit if appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. Decorative block shall be colored only by means of a pigment integral to the block 3 material, not applied to the surface. Sheet metal, corrugated metal, asbestos, iron, shakes, plain flat concrete block(whether painted or integrally colored or not) are not acceptable as exterior wall materials on buildings within the HOC district. EDEN PRAIRIE Applies to commercial, office, high density, and Industrial. The code has a list of exterior materials and percentages. Permitted exterior materials in the commercial, office, high density residential, and public zoning districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, and natural stone. Wood, glass, stucco, metal, plastic, cannot exceed 25% of a building's exterior finish. Permitted exterior materials in the industrial districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, natural stone, specially designed precast units if the surfaces have been integrally treated with a decorative material or texture and smooth concrete block if scored at least twice, and rock face block. Wood, glass, stucco, metal, plastic, cannot exceed 25% of a building's exterior. EDEN PRAIRIE TOWN CENTER The Town Center has design guidelines with primary and accent materials similar to other districts but does not have percentages. EDINA Applies to commercial, office, high density and mixed use. The code has a list of exterior materials with no percentage requirement. Permitted exterior materials are brick, natural stone, glass, specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, factory fabricated and finished metal framed panel construction if the panel materials are any of those noted above. MAPLE GROVE Applies to commercial, office, high density, and mixed use. The code has a list of exterior materials with no percentage requirement. Permitted exterior materials are brick, stone or glass, or any combination thereof, except for trim accessories and the roof. 4 MAPLE GROVE MAIN STREET Same as other districts. MINNENTONKA Applies to commercial, office, high density, and mixed use. The code identifies prohibitive exterior materials. There is no percentage requirement. Unadorned pre stressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential or non-residential buildings. PLYMOUTH Applies to commercial, office, high density, and mixed use. The code has a list of exterior materials with no percentage requirement. Permitted exterior materials are brick, natural stone, integral colored split face (rock face) concrete block, cast in place concrete or pre-cast concrete panels, wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress, curtain wall panels of steel, fiberglass and aluminum(non-structural, non- load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design, glass curtain wall panels, stucco, vinyl, other materials determined as acceptable by the Zoning Administrator. PLYMOUTH CITY CENTER Applies to City Center. The code has a list of exterior materials with no percentage requirement. Permitted exterior materials are brick, natural stone, high quality pre cast concrete, metals with matt finish and with neutral or earth tone colors; metals that are used for exterior walls should have visible corner moldings and trim, canvas awnings. Prohibited materials - Non-durable siding materials such as plywood, corrugated metal or fiberglass, or other materials that decay rapidly when exposed to the elements,materials that have no pattern or relief, especially when those materials are applied to large wall surfaces, simulated brick or stone,wood, except as accent materials or in elements that are integrated with other—desired' materials, mirrored glass, especially mirrored glass that faces an active pedestrian street. 5 ST. LOUIS PARK Applies to commercial, office, high density, and mixed use. The code has a list of exterior materials and a percentage requirement. Permitted Minimum class I materials, 60%percent of each building face visible from off the site -brick, marble, granite or other natural stone, textured cement stucco, copper,porcelain and glass. Permitted Class II materials - exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast-in-place concrete, artificial stucco (E.I.F.S., Drivit), artificial stone, fiber-reinforced cement board siding with a minimum thickness of inch, and prefinished metal. Not more than 10 percent of each building face visible from off the site may be of class III materials -Unpainted or surface painted concrete block(scored or un scored), unpainted or surface painted plain or ribbed concrete panels, and unfinished or surface painted metal. ST. LOUIS PARK EXCELSIOR AND GRAND Same as other districts. 6 EXTERIOR MATERIAL DETAIL REQUIREMENTS BLOOMINGTON Applies to commercial, office, high density and mixed use. Exterior Wall Finish. Exterior wall surfaces of all buildings, excluding those portions of foundation walls extending normally above finished grade, shall be faced with glass, exterior cement plaster(stucco), natural stone,brick, architectural concrete, metal in accordance with adopted policies and procedures set forth in the adopted Resolution, or an equivalent or better. Except for glass or metal, all color shall be integral to the exterior wall finish material unless a colored and opaque coating for all or some part of the exterior wall finish material is specifically approved by the City Council as part of a development approval process. BURNSVILLE Applies to office and commercial. Building Design And Materials: All buildings shall be designed to accomplish the goals and policies of the comprehensive plan. Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality to ensure they will maintain and enhance the property values of neighboring properties and not adversely impact the community's public health, safety and general welfare. 1. Design Elements: All new building fronts and refacing of existing buildings shall include a minimum of three (3) of the following elements: a. Accent materials; b. A visually pleasing front entry that, in addition to doors, shall be accented a minimum of one hundred fifty(150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred(300) square feet total for the front of multi-tenant buildings (this area shall be counted as 1 element); c. Twenty five percent(25%) window coverage on each front that faces a street; d. Contrasting, yet complementary, material colors; e. A combination of horizontal and vertical design features; f. Irregular building shapes; or g. Other architectural features in the overall architectural concept. If the applicant and the 7 development review committee (DRC) cannot agree on the proposed building exterior elevations, the applicant shall be required to make an application for a conditional use permit to prove compatibility. (Ord. 783, 2-7-2000) 2. Accent Materials: Accent materials shall be wrapped around walls visible from public view. Painting shall not be substituted for visual relief, accenting, or a required element. No wall shall exceed one hundred feet(100') in length without visual relief. "Visual relief' may be defined as the incorporation of design features such as windows, horizontal and vertical patterns, contrasting material colors, or varying wall depths. Use of fiber cement trim, soffit and fascia shall be allowed as accent materials. (Ord. 923, 5-17-2004) 3. Major Exterior Materials: Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Stucco, synthetic stucco or fiber cement vertical panel siding shall not be allowed within twenty four inches (24") from grade. Use of rain screens, panelized systems, or curtain walls are encouraged and will be verified for high quality design and materials through the development review committee. Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material, and shall be required to be sealed. All materials shall be color impregnated with the exception of allowing architectural concrete precast panel systems and fiber cement siding to be painted. Painting shall not be allowed on color impregnated, major exterior materials. Request for approval of cast in place systems shall be through a conditional use permit or planned unit development, whichever is deemed appropriate by city staff If the architectural precast panel systems are painted, they shall be properly prepared and maintained regularly to prevent peeling, stripping, shading or any other form of deterioration or discoloration. Proof of manufacturer's painting specifications shall be supplied prior to issuance of a building permit. This subsection(A)3 shall also apply to all exterior repairs, remodeling, or expansion of existing buildings that require a building permit. 4. Restricted Exterior Materials: Unadorned pre stressed concrete panels, whether smooth or raked, non decorative concrete block, sheet metal, corrugated metal or unfinished metal shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line. No more than twenty five percent (25%) of any exterior wall on a building shall be fiber cement siding, wood or metal accent material. This twenty five percent(25%) limit may be exceeded when used in a panelized system that consists of prefabricated, or factory manufactured, panels that form a structural envelope, and significantly simplify on site framing, and request for approval shall be through a conditional use permit or planned unit development. 5. Visual Relief: No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief' may be defined as a varying design of the building by incorporating design 8 features such as windows, horizontal and vertical patterns, contrasting material colors or varying wall depths. (Ord. 1143, 12-1-2008) 6. Roofs: Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first floor elevation, are not subject to these material limitations. 7. Building And Roofing Materials: All building and roofing materials shall meet current accepted industry standards and tolerances, and shall be subject to review and approval by the development review committee for quality, durability, and aesthetic appeal. For all new buildings and building exterior renovations, the applicant shall submit to the city product samples, color building elevations, and associated drawings which illustrate the construction techniques to be used in the installation of such materials. Building and roofing materials not specifically approved in this section may be allowed by a conditional use permit or planned unit development only after it is demonstrated that the proposed material is equal to or better than approved materials. The long range maintenance of the proposed material shall be incorporated as a condition of the approval and filed on the property. (Ord. 783, 2-7-2000) BURNSVILLE HEART OF THE CITY Applies to Heart of the City. 1. All buildings shall be designed to accomplish the goals and policies of the comprehensive plan and the heart of the city framework plan. Building materials shall be attractive in appearance, durable with a permanent finish, and of a quality that is consistent with the standards and intent of the framework plan. Where appropriate,buildings shall carry over materials and colors of adjacent buildings, with the exception of prohibited materials. 2. All buildings shall include the following four(4) elements: a. Accent materials, which shall be wrapped around walls that are visible from a public street or open space; b. Buildings containing office and retail uses shall maintain forty percent(40%)minimum window coverage on each first floor front that faces a street or public open space; c. Complementary major material colors; d. A combination of vertical and horizontal pattern designs in the building facade. 3. Any exterior building wall adjacent to or visible from a public street,public open space, or abutting property may not exceed sixty feet (60') in length without significant visual relief consisting of one or more of the following: 9 a. The facade shall be divided architecturally by means of significantly different materials or textures, or b. Horizontal offsets of at least four feet(4') in depth, or c. Vertical offsets in the roofline of at least four feet(4'), d. Fenestration at the first floor level which is recessed horizontally at least one foot(1') into the facade. 4. Exterior building materials shall be classified either primary, secondary, or accent materials. Primary materials shall cover at least sixty percent(60%) of the facade of a building. Secondary materials may cover no more than thirty percent (30%) of the facade. Accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than ten percent(10%) of the facade. Allowable materials are as follows: a. Primary exterior building materials may be brick, stone, or glass. Bronze tinted or mirror glass are prohibited as exterior materials in HOC-1, but allowed in HOC-2. (Ord. 764, 8-18-1999) b. Secondary exterior building materials may be decorative block or integrally colored stucco, fiber cement siding(color impregnated or painted) in vertical panel design only with hidden seams. (Ord. 923, 5-17-2004) c. Synthetic stucco may be permitted as a secondary material on upper floors only. (Ord. 764, 8- 18-1999) d. Accent materials may be wood, metal or fiber cement when used in trim, fascia or soffit if appropriately integrated into the overall building design and not situated in areas which will be subject to physical or environmental damage. e. All primary and secondary materials shall be integrally colored, except where otherwise stated. f. Primary exterior building materials for townhome buildings where all units contain an exterior entrance: Allowable primary exterior building materials for townhome buildings shall include brick, stone, glass, integrally colored stucco or fiber cement siding in lap or panel (integrally colored or painted). Fiber cement seam lines on panels shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent materials or other method thereby making the seam lines invisible. (Ord. 923, 5-17-2004) 5. Decorative block shall be colored only by means of a pigment integral to the block material, not applied to the surface. 6. Sheet metal, corrugated metal, asbestos, iron, shakes,plain flat concrete block(whether painted or integrally colored or not) are not acceptable as exterior wall materials on buildings 10 within the HOC district. 7. All mechanical equipment, whether roof mounted or ground mounted, shall be completely screened from the ground level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 8. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. 9. Consistent interior window treatments are required for windows which are visible from a public street or open space in offices and multiple residential complexes. 10. All buildings containing nonresidential uses on the ground floor shall meet the following standards: a. The building shall have entrances to a street or public open space spaced no more than sixty feet(60') apart. b. Entrances shall be oriented conveniently to the street frontage and to on street and off street parking serving the use. EDEN PRAIRIE Applies to commercial, office, high density, and Industrial. The code has a list of exterior materials and percentages. In the commercial, office, high density residential, and public zoning districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, and natural stone. Wood, glass, stucco, metal,plastic, cannot exceed 25% of a building's exterior finish. In the industrial districts 75% of a building's exterior shall be comparable in grade and quality to brick, glass, natural stone, specially designed precast units if the surfaces have been integrally treated with a decorative material or texture and smooth concrete block if scored at least twice, and rock face block. Wood, glass, stucco, metal, plastic, cannot exceed 25% of a building's exterior. EDINA Applies to office, commercial and high density. All exterior wall finishes on any building shall be one or a combination of the following: a. face brick; 11 b. natural stone; c. specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; d. factory fabricated and finished metal framed panel construction if the panel materials are any of those noted above; or e. glass or prefinished metal (other than unpainted galvanized iron). All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance. MAPLE GROVE Building exteriors. Within the central business district and within 800 feet of the right-of-way of any freeway, all building exteriors shall be brick, stone or glass, or any combination thereof, except for trim accessories and the roof The exteriors of all other buildings located elsewhere in the B district shall consist of brick, stone, or glass, or any combination thereof, or a decorative material approved by the city council, including, but not limited to, decorative masonry, but not including such things as plain basement block or metal. a. Exteriors of buildings in the B district for which a building permit had been issued as of February 27, 1991, are exempt from this requirement, as are additions to any such buildings. b. The city council shall be responsible for reviewing building designs and exterior materials and for making recommendations regarding building designs and exterior materials with regard to all buildings governed by this subsection (6), and shall be responsible for reviewing and making recommendations concerning alternate exterior materials. c. For purposes of this subsection, the phrase "central business district" shall mean that area contained within the following described boundaries: beginning at the intersection of Elm Creek Boulevard and Weaver Lake road; thence east along Weaver Lake Road to Pineview Lane; thence south along Pineview Lane and the extension thereof to Interstate 94; thence westerly and northwesterly along Interstate 94 to its intersection with Weaver Lake Road; thence easterly along Weaver Lake Road to its intersection with the southerly extension of Rice Lake Road; thence northerly along Rice Lake Road and its southerly extension to its intersection with Maple Knoll Way; thence east along Maple Knoll Way to its intersection with Elm Creek Boulevard; thence south along Elm Creek Boulevard to the point of beginning. MINNETONKA Applies to commercial, office, high density, and mixed use. Architectural plans shall be prepared by an architect or other qualified person acceptable to the 12 director of planning and shall show the following: 1) elevations of all sides of the building; 2) type and color of exterior building materials; 3) a typical floor plan; 4) dimensions of all structures; and 5) the location of trash and recycling containers and of heating, ventilation and air conditioning equipment. Unadorned pre stressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential or non-residential buildings. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any exterior property line. The city may, at its discretion, allow architecturally enhanced block or concrete panels. PLYMOUTH (b) Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the adjacent properties or adversely impact the community's public health, safety and general welfare. (c) Exterior Building Finishes. (1) The primary exterior building facade finishes shall consist of materials comparable in grade and quality to the following: a. Brick. b. Natural stone. c. Integral colored split face (rock face) concrete block. d. Cast in place concrete or pre-cast concrete panels. e. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, or cypress. f. Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design. g. Glass curtain wall panels. h. Stucco. i. Vinyl. j. Other materials determined as acceptable by the Zoning Administrator. Subd. 2. Commercial and Public/Institutional Districts. (a) In business and P-I districts, any exposed metal or fiberglass finish shall be limited to fifty (50)percent of the surface of any building wall. Any metal finish utilized in the building shall be 13 a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The roof slope shall be limited to a maximum of one to twelve (1:12) slope, unless approved by the Zoning Administrator. (Amended by Ord. No. 2001-06, 02/13/01) Subd. 3. Industrial Districts. (a) In industrial districts, all buildings constructed of curtain wall panels of metal or fiberglass shall be faced with brick, wood, stone, architectural concrete cast in place or pre-cast concrete panels on all wall surfaces. The required wall surface treatment may allow up to fifty(50) percent of any metal or fiberglass wall surface to remain exposed if it is coordinated into the architectural design. For buildings which abut residential uses, the building material requirements of Subd. 2 above shall apply. In cases where industrial buildings are not visible from adjacent residential uses, the Zoning Administrator may grant an exception to the building material requirements of Subd. 2 above. CITY OF PLYMOUTH CITY CENTER Buildings shall comply with the following list of allowable and prohibited materials: (1)Allowable Materials. a. Easily maintained materials that are durable and attractive at close distances (e.g., from the view of a pedestrian). b. Materials that have an attractive pattern, texture, and quality detailing. c. Brick, stone, or high-quality pre-cast concrete (colored and textured). d. Metals with matt finish and with neutral or earth tone colors; metals that are used for exterior walls should have visible corner moldings and trim. e. Transparent glass. f. Canvas awnings. (2) Prohibited materials. a.Non-durable siding materials such as plywood, corrugated metal or fiberglass, or other materials that decay rapidly when exposed to the elements. b. Materials that have no pattern or relief, especially when those materials are applied to large wall surfaces. c. Simulated brick or stone. d. Wood, except as accent materials or in elements that are integrated with other—desired materials. e. Mirrored glass, especially mirrored glass that faces an active pedestrian street. f. Materials that represent corporate colors,patterns, or trademarks. g. Brightly colored metal roofing or canopies. h. Concrete that is not enhanced as indicated under—Allowable Materials in(1) above, especially pre-cast, tilt-up walls. i. Synthetic awnings and awnings designed to be illuminated 14 ST. LOUIS PARK Applies to commercial, office, high density, and mixed use (1) Building Design. a. Architectural design elements that will be considered in the review of building and site plans include building materials, color and texture, building bulk, general massing, roof treatment, proportion of openings, facade design elements and variation, window and openings. Site plan design elements that will be considered in the determination as to whether site plan design is superior include quantity, quality, variation, compatibility and size of plant materials, landscape berms and screening walls. Also considered will be the overall order, symmetry and proportion of the various elements within the site and within the larger context of the area or corridor. b.The height, bulk, general massing, roof treatment, materials, colors, textures, major divisions, and proportions of a new or remodeled building shall be compatible with that of other buildings on the site and on adjacent sites. c. Building wall deviations are required where the unbroken building wall length to wall height ratio meets or exceeds 2:1. The minimum depth of each building wall deviation at the 2:1 ratio shall be two feet. The unbroken wall length to wall height ratio may be increased to 3:1 if the depth of the building wall deviations is increased to three feet. The unbroken wall length to wall height ratio may be increased to 4:1 if the depth of the building wall deviations is increased to four feet. The building wall deviations must extend from the grade to the roof, or top of the parapet. d. No building may display more than five percent of any elevation surface in bright,pure accent colors. e.The development must locate the noise-producing portions of the development, such as loading docks, outside storage and outside activity away from adjacent residential areas. f. All exterior finishes for one- and two-family dwellings and accessory structures shall be installed within one year from the issuance of the building permit. g. All developments shall consider the effect of sun angles and shade patterns on other buildings. All new multiple-family and nonresidential buildings and additions thereto shall be located so that the structure does not cast a shadow that covers more than 50 percent of another building wall for a period greater than two hours between 9:00 a.m. and 3:00 p.m. for more than 60 days of the year. This section will not prohibit shading of buildings in an industrial use district, or as approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of existing public spaces and outdoor employee break areas shall be minimized to the extent reasonable and possible. h. Interior and exterior bars, grills, mesh or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area. 15 (2) High Density and Mixed Use Building Materials. Exterior surface materials of buildings shall be installed in accordance with the adopted building code and the manufacturer's specifications, and shall be subject to the following regulations: a. Classes of materials. Materials shall be divided into class I, class II and class III categories as follows: 1. Class I. Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain and glass are class I exterior building materials on buildings other than those used as dwellings which contain four or fewer dwelling units. Wood, vinyl siding, fiber-reinforced cement board and prefinished metal are class I materials on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. If a minimum of two other Class I materials are in use, clapboard and shake-style fiber-reinforced cement board with a minimum thickness of 1/4 inch may be used as a Class I material for up to 10 percent of the façade on residential buildings with more than four(4)units. "Smooth" finish fiber-reinforced cement board is not permitted as a Class I material. 2. Class II. Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast-in-place concrete, artificial stucco (E.I.F.S., Drivit), artificial stone, fiber-reinforced cement board siding with a minimum thickness of 14 inch, and prefinished metal. Building wall deviations are required where the unbroken building wall length to wall height ratio meets or exceeds 2:1. The minimum depth of each building wall deviation at the 2:1 ratio shall be two feet. The unbroken wall length to wall height ratio may be increased to 3:1 if the depth of the building wall deviations is increased to three feet. The unbroken wall length to wall height ratio may be increased to 4:1 if the depth of the building wall deviations is increased to four feet. The building wall deviations must extend from the grade to the roof, or top of the parapet. d. No building may display more than five percent of any elevation surface in bright, pure accent colors. e.The development must locate the noise-producing portions of the development, such as loading docks, outside storage and outside activity away from adjacent residential areas. £ All exterior finishes for one- and two-family dwellings and accessory structures shall be installed within one year from the issuance of the building permit. g. All developments shall consider the effect of sun angles and shade patterns on other buildings. All new multiple-family and nonresidential buildings and additions thereto shall be located so that the structure does not cast a shadow that covers more than 50 percent of another building wall for a period greater than two hours between 9:00 a.m. and 3:00 p.m. for more than 60 days of the year. This section will not prohibit shading of buildings in an industrial use district, or as approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of existing 16 public spaces and outdoor employee break areas shall be minimized to the extent reasonable and possible. h. Interior and exterior bars, grills, mesh or similar obstructions, whether permanently or temporarily affixed, shall not cover any exterior door or more than ten percent of any individual window or contiguous window area. (2) Commercial and Office Building Materials. Exterior surface materials of buildings shall be installed in accordance with the adopted building code and the manufacturer's specifications, and shall be subject to the following regulations: a. Classes of materials. Materials shall be divided into class I, class II and class III categories as follows: 1. Class I. Brick, marble, granite or other natural stone, textured cement stucco, copper, porcelain and glass are class I exterior building materials on buildings other than those used as dwellings which contain four or fewer dwelling units. Wood, vinyl siding, fiber-reinforced cement board and prefinished metal are class I materials on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. If a minimum of two other Class I materials are in use, clapboard and shake-style fiber-reinforced cement board with a minimum thickness of '/4 inch may be used as a Class I material for up to 10 percent of the façade on residential buildings with more than four(4)units. "Smooth" finish fiber-reinforced cement board is not permitted as a Class I material. 2. Class II. Exposed aggregate concrete panels, burnished concrete block, integral colored split face (rock face) and exposed aggregate concrete block, cast-in-place concrete, artificial stucco (E.I.F.S., Drivit), artificial stone, fiber-reinforced cement board siding with a minimum thickness of/4 inch, and prefinished metal. 3. Class III. Unpainted or surface painted concrete block(scored or unscored),unpainted or surface painted plain or ribbed concrete panels, and unfinished or surface painted metal. b. Minimum class I materials. At least 60 percent of each building face visible from off the site must be of class I materials except as permitted by subsection(b)(6)c. of this section. Not more than 10 percent of each building face visible from off the site may be of class III materials. Portions of buildings not visible from off the site may be constructed of greater percentages of class II or class III materials if the structure otherwise conforms to all city ordinances. The mixture of building materials must be compatible and integrated. c. Buildings in I-G and I-P districts. 1. Not on major streets and not near residential. For buildings in the I-G and I-P districts which are not located on a principal arterial, minor arterial, major collector, or adjacent to or across from any residentially zoned property, class I materials may be reduced to a minimum of 25 percent provided that the remaining materials are functionally and durably equal to a class I material as certified by the architect or manufacturer. 2. On major streets or near residential. For building walls in the I-G and I-P districts facing on a principal arterial, minor arterial or major collector, or adjacent to or across from any residentially-zoned property, class I materials may be reduced to a minimum of 25 percent 17 provided that the remaining materials are functionally and durably equal to a class I material as certified by the architect or manufacturer and that the architectural design and site plan are superior quality as determined by the zoning administrator. The architecture and site plan shall meet the following minimum criteria to be considered superior quality: i. The exposed height of the building wall shall not exceed 15 feet. ii. The number of required plant units shall be increased by 20 percent or the size of 20 percent of the overstory trees installed shall be increased to 3 1/2 caliper inches. iii. A minimum of ten percent of the building facade must be windows or glass spandrels. (3)Additions and accessory structures. The exterior wall surface materials, roof treatment, colors, textures, major divisions,proportion, rhythm of openings, and general architectural character, including horizontal or vertical emphasis, scale, stylistic features of additions, exterior alterations, and new accessory buildings shall address and respect the original architectural design and general appearance of the principal buildings on the site and shall comply with the requirements of this section. 18 STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 25, 2011 SUBJECT: Code Change Exterior Materials JANUARY 10, 2011 MEETING The commission directed staff to prepare a code amendment that included cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip. DRAFT ORDINANCE Attached is the ordinance related to exterior materials. The ordinance includes definitions for exterior materials based on industry standard definitions. Precast panel includes a requirement for architectural reveal. It is a common industry practice. It adds visual interest to the panel. Three buildings in the city use panels with reveals. Below is the Wilson Learning Building. .1 AI :. *IF 4 4, iarwr19 - is • _.• .� .k. -s ••: - -- �_.�- - r--' __ _ : • • • - STAFF RECOMMENDATION Staff recommends approval of the draft ordinance. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 22, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford Wuttke arrived at 7:10 p.m. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 8, 2010 MOTION by Lee, seconded by Schultz, to approve the minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Wetland Code Amendment Franzen presented this proposal stating the State of Minnesota amended the Wetland Conservation Act in 2009. As a result of this amendment, a number of EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 2 sections in the Act were reorganized and renumbered. Franzen pointed out the City Code must be changed to match the new numbers in the Act. Stoltz opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Pitzrick, to close the public hearing. Motion carried 8-0. MOTION by Schultz, seconded by Martin, to recommend approval of the Wetland Code Amendment based on the recommendations of the staff report dated March 19, 2010. Motion carried 8-0. VII. PLANNERS' REPORT A. Campaign Signs Franzen stated the primary election date was changed from the second Tuesday after the second Monday in August, or August 10t for this year. Because of this, the City Code must replace the August 1st date with"46 days before the state primary" as the starting day when signs can be placed on property. MOTION by Martin, seconded by Lee, to recommend approval of the Code change for campaign signs. Motion carried 8-0. B. Exterior Materials Presentation Franzen stated on page 13 of the staff report are 4 questions the Commission Members should look at. They are: 1. Should cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category in the commercial, office, high density residential,public and industrial zoning districts. 2. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Commercial District? 3. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Residential District? 4. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 3 included in the 75% category for the Town Center Mixed Use Residential District? Franzen had samples of exterior materials displayed for the Planning Commission Members. Table one had samples of brick, glass and stone. Table two had samples of cast stone,precast, cultured stone and architectural stone. He stated when doing the Town Center ordinance, it identified materials,but not the percentages to be used and stated it is important to include that. He pointed out he did have a reservation about using pre-cast material, as it can look industrial. He suggested putting this in the 25 % category versus 75%. Franzen asked for questions from the Commission. Lechelt asked, after direction is given, would it come back to the Commission as a public hearing. Franzen stated it would come back to the Commission as a public hearing. Stoltz asked the Commission Members their thoughts on question 1. Schultz stated he would answer yes to this question because of the cost efficiency and recyclability. Pitzrick said he wanted to add the following statement to question 1. "The panel must have an exposed aggregate chip and colored cement and architectural detail." He stated these items will improve durability. Lee asked if we should put a quality standard on this. Franzen said under brick and stone they do not have anything to say what kind of brick to use. He stated it would be very hard to say what kind to use because there are so many. When contractors bring their plans before the Commission that is when they could bring their samples in to see if they would fit into the project. Schultz asked if there is a process to test materials. Pitzrick said there is testing called ASTM Standard testing for durability. Schultz asked Franzen if we should implement this testing. Kirk said it would be difficult to do this because it would be getting too specific. He feels it is sufficient if they follow building code. He also stated they should be looking at this from a"look" stand point and feels testing would get too specific. Lee asked Franzen's thoughts on stucco. Franzen said they plan on keeping this material in the 25% category because it is hard to maintain. Lechelt asked if wood was in the same category as stucco in regards to maintenance. Franzen said it is in this category because in terms of long lasting, this is not considered as such, as compared to stone. EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 4 Lee asked if other cities are this specific. Franzen said Eden Prairie is probably more particular than other cities. Stoltz asked the Commission Members if they agreed with question 1 or disagreed. All Members agreed with question 1. Stoltz asked for discussion on question 2. Pitzrick stated he likes what question 2 had to say and also for the last three questions he would like to make it a 90% category versus 75%. This would make them very durable and long-lasting. Schultz asked if we change the percentage what the pros and cons would be. Franzen said because we have taken a focused look and came up with a set of specific guidelines, it could be raised. Franzen stated 75% is our base amount that has been used for the last 20 years. Schultz asked if other cities do the 75%too. Franzen said the 75%benchmark is higher than other communities. Lechelt asked if metal was in the 25% category. Franzen said it was. Lechelt asked if metal was used as panels. Franzen said it would be used for such things as canopies. Pitzrick stated, in regards to durability, the 25% is always less durable material. Stoltz asked if any one would be opposed to going to 90% for the Town Center area. Stoltz said in regards to this, he would hate to see developers tied to this amount of 90%, and stated he do not want to be too restrictive for the developers. Kirk said we have high standards right now and is concerned if we add higher standards it may put too many constraints on developers. Schultz suggested just keeping it at 75% and said more products are coming in that are in the 25% category that are green friendly and we can then review these projects case by case. Wuttke and Martin agreed with Schultz. Pitzrick said his choice of 90%was not random. He said with 25% you can develop more with a lesser amount of durable materials. When it is limited to 10%, it makes buildings more durable and can possibly limit potential law suits in regards to these materials. Stoltz asked what were past conversations about EFIS materials. Franzen stated he would have to look at the past minutes and suggested bringing it up at another meeting and discussing its potential use. Pitzrick said there are appropriate uses for this material and that we would not want to get rid of it all together. Katie asked what the main reason for the use of EFIS is. Pitzrick said people use it for EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 5 cost effective reasons. Martin concurred with Pitzrick. He stated it is not necessarily a bad product; you just have to know how to use it. Schultz asked Franzen if we are just approving this for aesthetic purposes or for quality. Franzen said it is both. Schultz suggested if that was the case, we should approve what we want it to look like and let the UBC handle everything else. Franzen said they looked at 75%to keep the districts the same and to use the same quality material. Pitzrick said we were charged with durability and we should take it into account and see what Bloomington, Edina and Minnetonka are doing. He would like to see the exterior materials being used in these three cities and what town centers in the metropolitan areas are using. Kirk also said he would like to see benchmarks from other communities. Franzen stated he would get that information from other communities and bring it back to the Commission at a later date. Stoltz stated they would keep it at 75% for now until Franzen comes back with more information. Schultz asked if they have to make a decision on the last three items before Franzen comes back with more information Franzen said the Commission just needs to be comfortable with the materials and that is all that needs to be addressed this evening. The Commission agreed to the materials for the questions but the percentage of materials will be up for discussion in a future meeting. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Pitzrick, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 8:03 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 10, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Schultz called the meeting to order at 7:00 p.m. Kirk, Lee, and Stoltz were absent. II. APPROVAL OF AGENDA Wuttke stated he would like to add an Light Rail Transit report to the Members' Report. MOTION by Wuttke, seconded by Lechelt, to approve the agenda as amended. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON DECEMBER 13, 2010 MOTION by Pitzrick, seconded by Wuttke, to approve the minutes. Motion carried 1-0. Lechelt, Pitzrick and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT by City of Eden Prairie Request to: EDEN PRAIRIE PLANNING COMMISSION MINUTES January 10, 2011 Page 2 • Add minimum lot width at the right of way line for all zoning districts. Franzen stated this is a simple amendment requiring approval by the Commission in order to move it on to the City Council for their approval. This item consists of adding another category to Charts 11A-11E. These charts are the development criteria for each zoning district covering density, lot size, lot dimensions, floor area, height, etc. The new category is "Minimum Lot Width at Right of Way Line". Historically, Staff has used the category"Minimum Lot Width" as the lot width at the right of way line, however, the definition of minimum lot width explains only how it is measured, which is "its own mean width measured at right angles to its mean depth." It is not clear that it applies at the right of way line. Staff recommendation is for approval. Schultz opened the meeting up for public input. There was no input. There was no Commission Member discussion. MOTION by Wuttke, seconded by Pitzrick, to close the public hearing. Motion carried 4-0. MOTION by Wuttke, seconded by Pitzrick, to recommend approval of the code amendment to add minimum lot width at the right of way line for all zoning districts. Motion carried 4-0. VII. PLANNERS' REPORT A. EXTERIOR MATERIALS Franzen stated in March 2010, the Commission viewed a presentation on exterior materials, including cast stone, cultured stone,precast architectural panels and precast concrete panels with an exposed chip. The Commission was comfortable with adding cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip to the 75% category in the commercial, office, high density residential,public, and industrial zoning districts. Also adding brick, glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Commercial, Residential and Mixed Use Districts. At that time the Commission directed Staff to look at exterior material requirements in neighboring cities and cities with town centers. Staff looked at exterior material requirements in 8 cities. The results are: 8 of 8 cities have an exterior material requirement; 7 of 8 cities list brick, glass, and stone, as exterior materials; 3 of 8 cities have a percentage requirement; 5 of 8 cities permit cast stone; 3 of 8 cities permit cultured stone; 7 of 8 cities permit precast architectural panels; 8 of 8 cities permit precast panels with an exposed chip; 2 of 5 cities with a Town Center have higher exterior material standards than other districts; all cities require site plan EDEN PRAIRIE PLANNING COMMISSION MINUTES January 10, 2011 Page 3 approval of exterior materials. Franzen stated the cities that do have minimum requirements make it easier for the developer and his project. Staff recommendation is to add cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip in the 75% category in the commercial, office, high density residential,public, and industrial zoning districts. Add brick, glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Commercial District. Add brick glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Residential District. Add brick glass, natural stone, cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip in the 75% category for the Town Center Mixed Use Residential District. If the Commission Members agree with this, the City will proceed with this and bring it back to the February meeting for a public hearing. Pitzrick stated that given our Town Center, he does not see this as viable, but agrees with the standards. Schultz agrees this is a good check and balance system. Wuttke stated it appears we are in line with other cities. Lechelt asked, in regard to effuse, was there any direction from other cities in regards to percentage amounts. Franzen stated there was not and that it was best to let the architect have some creativity in regards to projects. MOTION by Pitzrick, seconded by Wuttke, to direct Staff to prepare a code amendment relating to exterior materials based on the staff report dated January 7, 2011. Motion carried 4-0. VIII. MEMBERS' REPORT Wuttke stated he and Commission Member Pitzrick attended the conference a few months ago on the Light Rail Transit System. Some of the things he got out of it was they want to have a transit ready development plan. They also want to make sure of best usages; they talked about aligning the LRT with other uses, such as government centers. Wuttke said he had asked the presenters how we attract developers into coming into our community and spending their money, knowing they will not see any profits for 3-5 years and knowing there would be flexibility in a well defined ordinance structure. Pitzrick commented that the large capital developers are almost extinct and that a need for a vision on how space will be used needs to be established; the need for the right plan and consistency for it to work. He stated because of doing smaller development, there needs to be flexibility within mixed use areas. Pitzrick said on their tour they had stopped at the Golden Triangle site and he stated he feels there is potential there and that EDEN PRAIRIE PLANNING COMMISSION MINUTES January 10, 2011 Page 4 there would be a lot of competition for this area from developers. He also stated he asked some of the other people on the tour if they had seen the Eden Prairie Town Center and one gentleman said he did not think of the area as a town center. Pitzrick stated he thinks the City and Commission really do need to go back and re-evaluate the Town Center area. He stated he believes we are a decade ahead of putting up the Town Center signage. What has been key to this is all that has changed over the last two years and he feels some changes need to be made within the Guide Plan. Franzen stated, in regards to changing the Town Center area, the University of Minnesota has a program called CAPS, in which students will come out and do real life planning and provide feedback to the City. Pitzrick thought this was a good idea and reiterated that we do not want to become so restrictive in development. Schultz asked if any businesses have come forward and talked about moving out of the City. Franzen stated no businesses have come forward. Pitzrick asked Franzen to address some of the current businesses in the area. Franzen stated in regards to Brunswick Bowl, they will be able to expand with entertainment. In the Town Center Area, they are creating space for everyone, including residential areas, shopping and entertainment. He pointed out when this is all done, the public will be happy with the area. Pitzrick disagreed with Franzen's statement and said he does not see any development within the next 3-5 years and stated we should not be burdening property owners with this. Schultz stated in regards to the Guide Plan changes, things can be subject to plan. He stated one of the things he is concerned with are the business districts in the Golden Triangle Area and asked if we are going to be aggressive with the economic enticements. Franzen stated there will be creativity with the PUD's. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lechelt, seconded by Pitzrick, to adjourn the meeting. Motion carried 4-0. There being no further business, the meeting was adjourned at 7:43 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 28, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt and Pitzrick were absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Kirk, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 10, 2011 Schultz had a revision on page 4, paragraph 5. He would like the first sentence to read, "Schultz stated in regards to the Guide Plans, things can be subject to change". Wuttke had a revision on page 3 under Members' Report, 1st paragraph. He would like the last sentence in the paragraph to read, "Wuttke said he had asked for input from the presenters on how we can attract developers into coming into our community and spending their money, knowing they will not profits for 3 to 5 years. Some responses were for more flexibility architecturally within a defined ordinance structure. MOTION by Wuttke, seconded by Schultz, to approve the minutes as amended. Motion carried 2-0. Kirk,Lee and Stoltz abstained. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 28, 2011 Page 2 IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. RIDGE AT RILEY CREEK 4TH ADDITION by JSM Custom Homes, LLC. Request for: • Planned Unit Development Concept Review on 0.65 acres • Planned Unit Development District Review on 0.65 acres • Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres • Preliminary Plat of 0.65 acres for two single family lots Franzen stated the notices to the property owners were not sent out meeting the 10 day notification requirement. Therefore, the meeting will be continued until March 14tn MOTION by Schultz, seconded by Kirk, to recommend a continuance to the March 14, 2011 meeting. Motion carried 5-0. B. CODE AMENDMENT by City of Eden Prairie. Request for: • The adoption of an amendment to the City code Chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural precast, and precast concrete panel; amending section 11.03, subdivision 3.K, relating to architectural standards. Franzen stated this is the third time the Commission has looked at this guide plan. The first time they viewed samples, the second time they discussed what other communities were doing in regards to this amendment. City Staff was then directed by the Commission to prepare a code amendment that included cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip. Franzen also stated the ordinance includes definitions for exterior materials based on industry standard definitions and precast panel will include a requirement for architectural reveal. Stoltz opened the meeting up for public input. There was no input. Stoltz stated he felt this was a good ordinance. Schultz concurred with Stoltz, that he liked the ordinance. MOTION by Wuttke, seconded by Lee, to close the public hearing. Motion carried 5-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 28, 2011 Page 3 MOTION by Wuttke, seconded by Kirk, to recommend approval of the code amendment to adopt an amendment to the City code Chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural precast, and precast concrete panel; amending section 11.03, subdivision 3.K, relating to architectural standards. Motion carried 5-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT Kirk said he was invited by the Boy Scout group to speak about the Planning Commission at their meeting at Prairie View Church, and stated he really enjoyed this. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Kirk, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 19, 2011 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 206582 - 207587 Wire Transfers 4145 —4169 4155 February 20th US Bank Purchasing Card Payment 4161 March 20th US Bank Purchasing Card Payment Attachments City of Eden Prairie Council Check Summary 4/19/2011 Division Amount Division Amount General 220,779 601 Prairie Village Liquor 322,150 100 City Manager 4,409 602 Den Road Liquor 360,764 101 Legislative 1,619 603 Prairie View Liquor 256,953 102 Legal Counsel 31,111 605 Den Road Building 41,886 110 City Clerk 675 701 Water Fund 290,961 111 Customer Service 17,519 702 Sewer Fund 347,506 112 Human Resources 625 703 Storm Drainage Fund 10,655 113 Communications 12,065 Total Enterprise Funds 1,630,874 114 Benefits&Training 5,044 130 Assessing 1,700 316 WAFTA 50 131 Finance 7,248 803 Escrow Fund 6,076 132 Housing and Community Services 14,167 807 Benefits Fund 1,208,275 133 Planning 1,223 Total Agency Funds 1,214,401 136 Public Safety Communications 19,670 137 Economic Development 551 810 Workers Comp Insurance 37,885 138 Community Development Admin. 625 812 Fleet Internal Service 212,717 150 Park Administration 31 813 IT Internal Service 70,136 151 Park Maintenance 44,280 815 Facilites Operating ISF 77,519 153 Organized Athletics 7,816 816 Facilites City Center ISF 203,613 154 Community Center 47,779 817 Facilites Comm.Center ISF 99,533 156 Youth Programs 1,559 Total Internal Service Funds 701,403 158 Senior Center 6,211 159 Recreation Administration 13,601 Report Totals 4,246,576 160 Therapeutic Recreation 58 161 Oak Point Pool 1,810 162 Arts 6,073 163 Outdoor Center 1,884 167 CC-Youth Programs 893 168 Arts Center 2,883 169 SC-Therapeutic Recreation 103 180 Police 68,246 183 Emergency Preparedness 4,350 184 Fire 26,157 186 Inspections 19 200 Engineering 5,525 201 Street Maintenance 21,588 202 Street Lighting 73,555 Total General Funds 673,450 301 CDBG 10,279 303 Cemetary Operation 714 304 Senior Board 143 308 E-911 875 309 DWI Forfeiture 40 312 Recycle Rebate 20 Total Special Revenue Funds 12,071 421 2003A Park Bonds Refunding 431 423 2003C Open Space Bonds 431 Total Debt Service Funds 862 315 Economic Development 4,247 502 Park Development 3,936 509 CIP Fund 2,302 512 CIP Trails 445 522 Improvement Projects 2006 2,584 Total Capital Project Funds 13,514 City of Eden Prairie Council Check Register 4/19/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207105 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 207062 255,157 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4151 180,894 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 4157 179,111 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 4163 176,078 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 206790 130,916 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4152 126,423 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4166 124,506 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 206981 101,330 XCEL ENERGY Electric City Hall-CAM Monthly Utility 4149 96,679 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 207197 71,118 XCEL ENERGY Electric Public Safety Communications 206985 63,460 ZIEGLER INC Machinery&Equipment Park and Recreation 207460 52,533 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 207247 48,491 C H ROBINSON CAM &Taxes-CHR City Hall-CAM 206893 46,583 MAGNEY CONSTRUCTION INC Other Contracted Services Water Capital 207373 43,529 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 207092 37,790 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 207130 35,000 PASS FENCING Improvements to Land Park Acquisition&Dev Fixed A 207376 35,000 BE VENTURES I INC Miscellaneous Den Road Building 4155 33,334 US BANK Bank and Service Charges Finance 207098 32,868 LOGIS LOGIS IT Operating 207292 31,707 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 4161 30,618 US BANK Deposits Escrow 207082 29,353 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 207488 29,256 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 207524 29,103 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 206675 28,751 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 207255 27,500 CORNERSTONE Other Contracted Services Police 206879 27,374 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 207575 26,257 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 207368 26,074 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 207284 24,987 IND SCHOOL DIST 272 CAM School City Hall-CAM 206984 24,667 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 206777 23,449 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 207278 23,001 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital 207194 22,994 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 207059 22,836 GREGERSON ROSOW JOHNSON&NILA Legal Den Road Building 207224 22,370 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 207118 22,363 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 207371 22,046 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 206976 21,359 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 207125 20,721 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 206629 20,587 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 206946 20,251 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Sewer Capital 207513 19,901 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 4159 19,861 ING Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4165 19,860 ING Deferred Compensation General Fund 4154 19,821 ING Deferred Compensation General Fund 207149 19,196 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 207414 18,084 DAY DISTRIBUTING Beer Prairie Village Liquor Store 206856 17,999 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 207421 17,876 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 207032 17,335 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 206710 17,282 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 206726 16,889 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 207170 16,390 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 207140 16,300 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 4164 16,004 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 207576 15,910 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 4158 15,905 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 4153 15,822 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 207552 15,655 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 206940 15,477 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 206754 15,226 THORPE DISTRIBUTING Beer Prairie View Liquor Store 207494 14,464 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 207369 14,148 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 207008 13,750 BONNER&BORHART LLP Operating Supplies Legal Criminal Prosecution 207351 13,522 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 207129 13,441 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 207179 12,897 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 206977 12,605 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 207069 12,570 HOUSE OF PRINT Printing Community Brochure 207455 12,458 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 207141 12,217 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 4160 12,000 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 207314 11,912 MORTON SALT Salt Snow&Ice Control 207326 11,511 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 206717 11,379 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 207195 11,275 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 207333 10,924 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 206597 10,790 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 207136 10,497 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 207002 9,963 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 206672 9,533 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 207030 9,411 DAY DISTRIBUTING Beer Prairie Village Liquor Store 206994 9,373 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 207288 9,235 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 206919 9,211 NILSSON,BETH Instructor Service Ice Rink#1 206778 8,998 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 207585 8,930 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 206875 8,844 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 206819 8,792 CENTERPOINT ENERGY Gas Water Treatment Plant 206633 8,700 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 207518 7,750 PROP Other Contracted Services Housing and Community Service 207077 7,640 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 207027 7,481 COMPAR INC Computers IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207508 7,465 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 207471 7,327 LEAGUE MN CITIES INS TRUST Miscellaneous Park Maintenance 207542 7,277 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 207131 7,183 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 207158 7,180 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 207366 7,040 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 206882 7,000 KDV Audit&Financial Finance 207321 7,000 NORTHLAND SYSTEMS INC Other Contracted Services IT Capital 206995 6,847 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 207571 6,832 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 207319 6,550 NILSSON,BETH Instructor Service Ice Show 206625 6,498 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 207396 6,436 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 206854 6,206 GRAYMONT Treatment Chemicals Water Treatment Plant 206775 6,204 WINE MERCHANTS INC Transportation Prairie View Liquor Store 207057 6,185 GRAYMONT Treatment Chemicals Water Treatment Plant 207451 6,158 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 207566 6,150 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 206931 6,126 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 206601 6,095 BELLBOY CORPORATION Transportation Prairie View Liquor Store 206828 6,071 DAY DISTRIBUTING Beer Prairie View Liquor Store 207150 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 206970 5,910 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM 206862 5,895 HENNEPIN COUNTY TREASURER Board of Prisoner Police 207537 5,684 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Sewer Capital 207256 5,633 CORVAL CONSTRUCTORS INC Other Contracted Services Ice Arena Maintenance 207260 5,589 DAY DISTRIBUTING Beer Prairie Village Liquor Store 206714 5,569 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 207276 5,513 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 207204 5,476 ENTERPRISE NETWORK SYSTEMS INC Other Assets Public Safety Communications 207559 5,423 VALLEY RICH CO INC Equipment Repair&Maint Sewer Utility-General 207425 5,309 EQUITY PROPERTY GROUP LLC Building Den Road Building 206973 5,303 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 206791 5,251 A-SCAPE INC Contract Svcs-Snow Removal Den Road-CAM items 206614 5,246 CENTERPOINT ENERGY Gas Prairie View Liquor Store 207200 5,140 CDW GOVERNMENT INC. Other Hardware IT Operating 206990 5,017 A-SCAPE INC Contract Svcs-Snow Removal Den Road-CAM items 207555 5,004 TRUE FABRICATIONS Other Contracted Services Wine Club 207354 4,982 TREE TOP SERVICE Other Rentals Tree Removal 206806 4,898 BELLBOY CORPORATION Transportation Den Road Liquor Store 207324 4,733 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 207048 4,725 FORCE AMERICA Equipment Parts Fleet Operating 206958 4,619 THORPE DISTRIBUTING Beer Den Road Liquor Store 206983 4,601 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 207391 4,535 ASPEN EQUIPMENT CO. Machinery&Equipment Water Distribution 207370 4,447 XCEL ENERGY Electric Prairie Village Liquor Store 206589 4,374 ALTERNATIVE BUSINESS FURNITURE Operating Supplies Utility Operations-General 207016 4,364 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Operating 207013 4,248 BROTHERS FIRE PROTECTION Contract Svcs-Electrical Outdoor Center Facilities 207192 4,207 WINE MERCHANTS INC Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207379 4,184 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 206722 4,166 POWERPLAN OIB Equipment Repair&Maint Fleet Operating 206986 4,141 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 206863 4,134 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 207211 4,097 SUPREME AUDIO INC Operating Supplies Pool Operations 207560 4,052 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 206827 4,049 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 206634 3,803 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering 207501 3,710 NORTHERN AIR CORPORATION Contract Svcs-HVAC Arts Center 207004 3,684 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 206616 3,650 CENTURYLINK Telephone IT Telephone 207586 3,590 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 207000 3,562 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 206928 3,542 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 207479 3,524 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 207322 3,444 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Fire 207533 3,441 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 207050 3,307 GENERAL NANOSYSTEMS INC Miscellaneous IT Operating 206745 3,263 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 206765 3,147 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 207394 3,144 BEACON ATHLETICS Repair&Maint.Supplies Miller Park 207440 3,126 GRAYMONT Treatment Chemicals Water Treatment Plant 207045 3,098 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 207342 3,079 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 207236 3,073 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 207449 3,060 HENNEPIN COUNTY TREASURER Board of Prisoner Police 207275 3,044 GRAYMONT Treatment Chemicals Water Treatment Plant 206654 3,041 GRAYMONT Treatment Chemicals Water Treatment Plant 206721 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 207515 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 207040 2,974 ERIK THOMPSON CONSTRUCTION LLC Other Contracted Services Rehab 207386 2,941 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 206667 2,925 HOPKINS CARPET ONE Other Contracted Services Rehab 207237 2,924 BERG BAG COMPANY Operating Supplies Emergency Preparedness 206820 2,831 CERIDIAN Ceridian IT Operating 207186 2,830 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 207424 2,824 EARL F ANDERSEN INC Signs Traffic Signs 207074 2,815 INTEREUM INC Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 206661 2,783 HENNEPIN COUNTY HOUSING,COMMU Refunds CDBG-Public Service 206784 2,775 XCEL ENERGY Other Contracted Services Street Lighting 207378 2,723 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 207435 2,712 GRAINGER Supplies-HVAC City Hall-CAM 207297 2,700 KLM ENGINEERING INC Deposits Escrow 206837 2,616 EXPLORER POST 925 Miscellaneous Reserves 206914 2,552 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 207407 2,542 CENTERPOINT ENERGY Gas Den Road Building 207496 2,521 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 207203 2,482 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 207159 2,480 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 207452 2,480 HILDI INC Audit&Financial Finance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207190 2,472 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 206763 2,470 USA SECURITY Other Assets Utility Operations-General 207569 2,416 WINE COMPANY,THE Transportation Prairie View Liquor Store 207180 2,365 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 206771 2,347 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 207156 2,290 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant 206890 2,273 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 206934 2,272 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 206972 2,263 WINE COMPANY,THE Transportation Prairie View Liquor Store 206793 2,255 ABLE HOSE&RUBBER INC Equipment Parts Water System Maintenance 206782 2,234 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 206823 2,187 COSTCO Equipment Repair&Maint Public Safety Communications 207024 2,170 CLARK ENGINEERING CORP Improvements to Land Parks Referendum 207282 2,157 HOHENSTEINS INC Beer Prairie Village Liquor Store 206912 2,119 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 206715 2,115 PETERSON BROS ROOFING AND CONS Other Contracted Services Economic Development Fund 207043 2,100 FIRENET SYSTEMS INC Maintenance Contracts Utility Operations-General 206774 2,088 WINE COMPANY,THE Transportation Prairie View Liquor Store 206704 2,071 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 206688 2,069 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 207207 2,059 INTEGRITY GLOBAL SOLUTIONS Other Hardware IT Operating 207408 2,023 CERIDIAN Ceridian IT Operating 206821 2,014 CLAREYS INC Tuition Reimbursement/School Utility Operations-General 206867 2,010 HOHENSTEINS INC Beer Prairie View Liquor Store 207500 2,000 NOREX Other Contracted Services IT Operating 206888 1,999 LANDS END CORPORATE SALES Clothing&Uniforms Police 207122 1,976 NORTHERN AIR CORPORATION Contract Svcs-HVAC Riley House 207058 1,938 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 207231 1,928 ASPEN MILLS Protective Clothing Fire 206788 1,925 US POSTMASTER Other Contracted Services Water Accounting 206651 1,924 GRAINGER Supplies-HVAC Ice Arena Maintenance 207119 1,890 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 206857 1,888 GUNNAR ELECTRIC CO INC Other Contracted Services Red Rock Park 206948 1,859 SOUTHERN WINE&SPIRITS OF MN Wine Domestic Prairie Village Liquor Store 207477 1,856 MARCO INC Operating Supplies IT Operating 207018 1,843 CERIDIAN Ceridian IT Operating 4146 1,835 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 206965 1,820 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 207076 1,812 JANEX INC Janitor Service Liquor Store 1 207075 1,796 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 206692 1,795 MCQUAY INTERNATIONAL Supplies-HVAC City Hall-CAM 207545 1,785 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Fire 206872 1,781 ITRON INC. Maintenance Contracts Water Metering 207066 1,768 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 207191 1,764 WINE COMPANY,THE Transportation Prairie Village Liquor Store 207182 1,725 VERIZON WIRELESS Wireless Subscription IT Operating 206910 1,710 MINNESOTA POST BOARD Licenses&Taxes Police 206873 1,661 JANETSKI,BETH Operating Supplies Winter Theatre 207444 1,641 HAWKINS INC Treatment Chemicals Water Treatment Plant 207001 1,636 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207108 1,575 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 207029 1,572 DAKOTA SUPPLY GROUP INC Capital Under$10,000 Water System Maintenance 207199 1,566 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 207205 1,520 FIRE SAFETY USA INC Equipment Parts Public Safety Communications 207088 1,503 KORTERRA,INC OCS-Leak Detection Utility Operations-General 207253 1,496 COMPAR INC Capital Under$10,000 Fleet Operating 206913 1,484 MPX GROUP,THE Printing Senior Center Admin 207453 1,474 HOHENSTEINS INC Beer Prairie Village Liquor Store 206954 1,462 SURLY BREWING CO Beer Prairie View Liquor Store 206803 1,454 AVI SYSTEMS INC Equipment Repair&Maint Communications 207222 1,436 3D SPECIALTIES Signs Traffic Signs 206967 1,434 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 207400 1,383 BOURGET IMPORTS Transportation Prairie Village Liquor Store 207005 1,355 BERG BAG COMPANY Operating Supplies Emergency Preparedness 207353 1,340 TOTAL REGISTER Equipment Repair&Maint Prairie Village Liquor Store 207064 1,339 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 206626 1,335 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 207416 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf City Hall-CAM 206950 1,328 STAPLES ADVANTAGE Office Supplies Police 206786 1,323 ZIEGLER INC Contract Svcs-Fire/Life/Safe Public Works/Parks 206612 1,318 CATCO PARTS SERVICE Equipment Parts Fleet Operating 206799 1,292 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 206955 1,288 TEMP,DAWN M Other Contracted Services Volleyball 207169 1,285 SURLY BREWING CO Beer Prairie Village Liquor Store 207035 1,267 DOMACE VINO Transportation Prairie Village Liquor Store 206742 1,255 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Sfty City Hall-CAM 207470 1,245 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 206583 1,239 GENUINE PARTS COMPANY Equipment Repair&Maint Park Maintenance 206817 1,238 CATCO PARTS SERVICE Equipment Parts Fleet Operating 207436 1,232 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 207184 1,229 VISTAR CORPORATION Merchandise for Resale Concessions 207311 1,227 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 207257 1,225 CREAMER,LORI Tuition Reimbursement/School Organizational Services 207428 1,222 FASTENAL COMPANY Operating Supplies Traffic Signs 206831 1,203 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 207056 1,194 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 207563 1,188 VINOCOPIA Transportation Prairie Village Liquor Store 206595 1,185 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 207365 1,166 WINE COMPANY,THE Transportation Prairie Village Liquor Store 206920 1,153 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 206808 1,151 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 207228 1,148 ANCHOR PAPER COMPANY Office Supplies Customer Service 206664 1,120 HILDI INC Audit&Financial Finance 206728 1,106 QWEST Telephone E-911 Program 207242 1,105 BLOOMINGTON,CITY OF Kennel Services Animal Control 207100 1,090 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 206899 1,086 METRO SALES INCORPORATED* Other Rentals Customer Service 207274 1,083 GRAPE BEGINNINGS Transportation Den Road Liquor Store 207363 1,079 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 206841 1,066 FEIDT,ADAM M Mileage&Parking IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206761 1,058 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 207153 1,050 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 207071 1,049 IND SCHOOL DIST 272 Facility Rtl-Tax Exempt Ice Rink#1 207261 1,045 DELL Capital Under$10,000 Fleet Operating 207217 1,045 DELL Other Hardware IT Operating 207485 1,042 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 206814 1,022 BUCK,NATHAN Other Contracted Services Basketball 207550 1,016 SURLY BREWING CO Beer Prairie Village Liquor Store 207482 1,013 METRO SALES INCORPORATED* Other Rentals Customer Service 206624 991 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 206921 981 NORTHWORKS OCCUPATIONAL HEALTH Health&Fitness Fire 207202 975 EF JOHNSON Equipment Repair&Maint Public Safety Communications 207328 974 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 207104 968 METRO SALES INCORPORATED* Other Rentals Customer Service 206684 955 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 206783 945 WYFFELS,BILL Tuition Reimbursement/School Organizational Services 207580 941 XCEL ENERGY Electric Outdoor Center 206709 925 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 207106 908 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 207183 903 VINOCOPIA Transportation Prairie Village Liquor Store 207327 899 PITNEY BOWES Postage Customer Service 206770 896 VISTAR CORPORATION Merchandise for Resale Concessions 206712 892 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 207139 891 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 207054 890 GRAINGER Equipment Parts Fleet Operating 206584 885 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 207060 878 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 206916 875 NEUMANN,NEAL Other Contracted Services Broomball 206998 873 ANCHOR PAPER COMPANY Office Supplies Police 207167 873 STREICHERS Clothing&Uniforms Police 206759 863 U S BANK Paying Agent 2003C Open Space Refunding Bon 207273 854 GRAINGER Operating Supplies Den Road-EP items 207165 844 STATE SUPPLY COMPANY Supplies-Plumbing Fire Station#1 206918 840 NEW WORLD SYSTEMS Other Assets CIP-Bonds 207286 834 INSTRUMENT CONTROL SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 206653 833 GRANICUS INC Software Maintenance IT Operating 207438 833 GRANICUS INC Software Maintenance IT Operating 206592 830 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 4148 825 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 206866 824 HOFF,BARRY&KOZAR,P.A. Legal Legal Council 207582 816 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 207543 815 STAPLES ADVANTAGE Office Supplies Customer Service 207021 810 CITY OF ST LOUIS PARK Conference Expense Facilities Staff 206668 805 HWY 5 BP Equipment Repair&Maint Police 207481 802 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 206640 792 FERRELLGAS Gas Dorenkemper House 206645 787 G&K SERVICES Clothing&Uniforms Utility Operations-General 207525 786 QWEST Process Control Services Water Treatment Plant 207174 785 TWIN CITY TACTICAL Clothing&Uniforms Police 206839 782 FASTENAL COMPANY Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207038 778 EDEN PRAIRIE MALL LLC Building Rental Police 207474 770 MAACO Equipment Repair&Maint Fleet Operating 207251 759 CLAREYS INC Safety Supplies Utility Operations-General 206608 758 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 206582 750 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 206698 749 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 207068 743 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 206902 742 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 207171 736 TJ CONEVERA'S INC Training Supplies Police 206932 734 POMP'S TIRE SERVICE INC Tires Fleet Operating 207466 733 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 207442 732 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 206630 727 EARL F ANDERSEN INC Repair&Maint.Supplies Storm Drainage 207581 725 XTREME INTEGRATION Other Hardware IT Operating 207349 712 SURLY BREWING CO Beer Den Road Liquor Store 206685 710 LALONDE,TONY Accounts Receivable Community Center Admin 207287 700 J H LARSON COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr 206904 700 MINNESOTA AWWA Conference Expense Water Treatment Plant 206766 696 VARGAS,JOSHUA A Other Contracted Services Basketball 207301 696 MEDICINE LAKE TOURS Special Event Fees Trips 207409 696 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 206635 693 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 206738 692 SCHARBER&SONS Equipment Parts Fleet Operating 207132 681 PETERSON BROS ROOFING AND CONS Contract Svcs-Snow Removal Den Road-CAM items 206637 679 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 206703 678 MT GLOBAL LLC Transportation Prairie View Liquor Store 207439 678 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 207259 668 DAVANNI'S PIZZA Merchandise for Resale Concessions 207270 662 GE CAPITAL Other Rentals Customer Service 207527 658 REBS MARKETING Other Contracted Services Environmental Education 206868 650 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre 206901 650 MICHAELSON,ELIZABETH H Other Contracted Services Theatre Initiative 206757 650 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 207233 644 BARNES,BELINDA A. Other Contracted Services Volleyball 207072 643 IND SCHOOL DIST 272 Facility Rentals Ice Rink#1 4156 630 CERIDIAN Garnishment Withheld General Fund 207173 624 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 207429 620 FERRELLGAS Gas Outdoor Center 4162 618 CERIDIAN Garnishment Withheld General Fund 207009 609 BOUNDLESS NETWORK Operating Supplies Ice Show 206979 607 WM MUELLER AND SONS INC Gravel Water System Maintenance 206892 605 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 207577 602 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 207469 602 KYLE WHITE INC AR Utility Water Enterprise Fund 206747 597 STEINER,JOHN AR Utility Water Enterprise Fund 206944 595 SCHARBER&SONS Equipment Repair&Maint Fleet Operating 4150 594 CERIDIAN Garnishment Withheld General Fund 206952 589 STREICHERS Clothing&Uniforms Police 206853 585 GRAPE BEGINNINGS Transportation Den Road Liquor Store 207315 583 MPX GROUP,THE Printing Winter Theatre Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206926 581 PARK JEEP INC Equipment Parts Fleet Operating 207172 575 TKO WINES,INC Wine Imported Prairie Village Liquor Store 207020 570 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 207078 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 207335 566 QWEST Maintenance Contracts E-911 Program 207397 560 BERGET,LINETTE Instructor Service Outdoor Center 206613 558 CDW GOVERNMENT INC. Other Assets CIP-Bonds 207306 556 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 207206 555 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 206883 554 KEEPERS Clothing&Uniforms Fire 206655 553 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 207107 550 MEUWISSEN,JESSICA Accounts Receivable Community Center Admin 207152 549 ROMSDAHL,NEVADA Tuition Reimbursement/School IT Operating 207244 547 BOURGET IMPORTS Transportation Prairie Village Liquor Store 207238 545 BERRY COFFEE COMPANY Merchandise for Resale Concessions 207110 543 MILLARD,CHRIS Tuition Reimbursement/School Police 206957 543 THE OASIS GROUP Employee Assistance Organizational Services 206769 542 VINOCOPIA Transportation Prairie View Liquor Store 206604 540 BERRY COFFEE COMPANY Merchandise for Resale Concessions 207053 540 GOVDELIVERY Software Maintenance IT Operating 207240 536 BIFFS INC Waste Disposal Park Maintenance 207063 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 206889 533 LANO EQUIPMENT INC Equipment Parts Fleet Operating 207127 532 NUCO2 INC Other Contracted Services Fitness/Conference-Cmty Ctr 207357 525 ULI-THE URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 206619 518 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 206884 513 KNOX COMPANY Operating Supplies Fire 207300 512 MARSHALL&SWIFT Dues&Subscriptions Assessing 206911 512 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 207578 510 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 207329 509 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 207558 508 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 206796 507 AMERITRAK Other Contracted Services Snow&Ice Control 207283 506 HOLMES,TOM Other Contracted Services Volleyball 207554 504 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 207265 502 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 207117 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 207493 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 206697 494 MIDWEST ASPHALT CORPORATION Other Rentals Community Center 207532 489 SCHARBER&SONS Equipment Repair&Maint Park Maintenance 206917 488 NEW FRANCE WINE COMPANY Wine Imported Prairie View Liquor Store 207109 488 MILIO'S SANDWICHES Merchandise for Resale Concessions 207422 486 DOMACE VINO Transportation Prairie Village Liquor Store 206779 485 WM MUELLER AND SONS INC Gravel Water System Maintenance 207218 480 MUNICIPALS Other Contracted Services Organizational Services 207468 480 KUSTOM SIGNALS INC Equipment Repair&Maint Police 207128 479 OLSEN COMPANIES Equipment Parts Fleet Operating 207484 476 MIDWEST ASPHALT CORPORATION Other Rentals Community Center 206658 475 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 206969 474 VINOCOPIA Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207348 470 STREICHERS Clothing&Uniforms Reserves 206871 470 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating 207361 467 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 206695 457 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 207352 456 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 206649 455 GOLDEN VALLEY SUPPLY CO Supplies-HVAC City Hall-CAM 207245 454 BOYER TRUCKS Equipment Parts Fleet Operating 207011 451 BOYER TRUCKS Equipment Parts Fleet Operating 207163 450 STANLEY SECURITY SOLUTIONS INC Supplies-Security Housing and Human Svcs 206631 450 EAST AFRICAN ASC Tuition Reimbursement/School Police 206646 449 GE CAPITAL Other Rentals Customer Service 207049 440 GE CAPITAL Other Rentals Customer Service 207344 438 SPRINT Wireless Subscription IT Operating 207254 436 CONTINENTAL SAFETY EQUIPMENT Supplies-General Bldg Ice Arena Maintenance 207528 435 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 206762 432 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance 207553 429 TKO WINES,INC Wine Imported Prairie Village Liquor Store 207067 429 HIGHWAY TECHNOLOGIES INC Repair&Maint.Supplies Water System Maintenance 206670 425 INTOXIMETERS Operating Supplies Police 206636 425 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 206886 425 KRAFT,MATTHEW E Other Contracted Services Winter Theatre 207476 425 MAECK,TOM Other Contracted Services Community Band 207305 422 METROPOLITAN FORD Equipment Parts Fleet Operating 206660 418 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Richard T.Anderson Cons.Area 207055 416 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 206842 416 FERRELLGAS Gas Riley House 207210 415 SNAP-ON TOOLS Small Tools Public Safety Communications 206855 414 GREATAMERICA LEASING CORP. Postage Customer Service 207441 414 GREATAMERICA LEASING CORP. Postage Customer Service 207285 410 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 206735 410 ROOT 0 MATIC Contract Svcs-Plumbing Public Works/Parks 207198 410 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 207121 406 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 207536 405 SHI CORP Software Engineering 207377 403 MEN'S METHODIST FELLOWSHIP Special Event Fees Trips 207313 400 MN CHIEFS OF POLICE Tuition Reimbursement/School Police 207561 396 VERIZON WIRELESS Telephone E-911 Program 207350 391 TEMP,JEFFERY L Other Contracted Services Volleyball 207144 387 PROP United Way Withheld General Fund 206642 382 FRAGALE,ANNETTE Instructor Service Senior Center Programs 206810 381 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 207221 380 PETTY CASH-POLICE DEPT 207432 380 GERTENS Equipment Parts Park Maintenance 206767 379 VERIZON WIRELESS Telephone E-911 Program 206847 376 GE CAPITAL Other Rentals Customer Service 206590 375 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 206908 375 MINNESOTA FIRE SERVICE CERTIFI Equipment Testing/Cert. Fire 206859 373 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg City Hall-CAM 207492 371 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 207111 370 MINNESOTA CHIEFS OF POLICE ASS Conference Expense Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206953 370 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 207463 368 KELLER WILLIAMS AR Utility Water Enterprise Fund 207473 367 LUSHINE,PEGGY E Operating Supplies Winter Theatre 206746 364 STAPLES ADVANTAGE Office Supplies Customer Service 206671 363 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 206945 360 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 206677 358 KEEPERS Clothing&Uniforms Police 207249 358 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 207530 358 RUE,RODNEY Mileage&Parking Engineering 207434 357 GINA MARIAS INC Operating Supplies Reserves 207065 357 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 207241 356 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Economic Development Fund 206699 351 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 207295 351 KEEPERS Clothing&Uniforms Police 207070 350 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 207161 350 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 206628 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 207010 350 BOURGET IMPORTS Transportation Prairie Village Liquor Store 207420 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 207113 345 MINNESOTA REVENUE Licenses,Permits,Taxes Water Wells 207372 345 ZAHN,GERALD Other Contracted Services Volleyball 206693 342 MENARDS Equipment Parts Fleet Operating 206943 338 RJM Deposits Escrow 207181 337 VEOLIA Waste Disposal Park Maintenance 206650 336 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 206989 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 207164 334 STAPLES ADVANTAGE Office Supplies Customer Service 206708 333 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 206686 330 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 206691 328 LYNN PEAVEY COMPANY Operating Supplies Police 207415 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 206891 325 LUSHINE,PEGGY E Other Contracted Services Winter Theatre 206907 325 MINNESOTA DEPT OF PUBLIC SAFET Licenses,Permits,Taxes Water Wells 206909 325 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 206895 324 MASTER CRAFT LABELS INC Operating Supplies Prairie Village Liquor Store 206864 322 HENRY,PAUL Other Contracted Services Volleyball 206807 320 BERGET,LINETTE Instructor Service Outdoor Center 207023 318 CLAREYS INC Office Supplies Customer Service 206723 316 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 207412 316 CUSTOM HOSE TECH Equipment Repair&Maint Sewer System Maintenance 207036 314 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 206844 314 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store 207318 313 MUENCH,JOHANNA Operating Supplies Ice Show 207402 305 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Dunn Brothers 207505 303 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Police 207123 301 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 207175 300 UNDERWOOD CONSULTING Other Contracted Services Environmental Education 207467 300 KIDSYNC,LLC Other Contracted Services Special Events(CC) 207519 300 PUCHALSKI,MARY Instructor Service Arts Center 207166 297 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207567 294 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 207549 294 SUPERIOR WINE IMPORTS Wine Imported Prairie View Liquor Store 207406 293 CDW GOVERNMENT INC. Other Hardware IT Operating 207230 291 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 207489 286 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 207215 285 VTI Equipment Repair&Maint Public Safety Communications 207006 280 BERGET,LINETTE Instructor Service Outdoor Center 207157 279 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 207176 277 UNITED WAY United Way Withheld General Fund 207504 276 OAK POINT INTERMEDIATE SCHOOL Other Contracted Services Oak Point Operations 206587 274 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 207447 274 HEFFERAN,CINDII Operating Supplies Day Care 206652 272 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 206756 272 TRACER ELECTRONICS LLC Equipment Repair&Maint Water System Maintenance 207547 270 STREICHERS Clothing&Uniforms Police 207362 270 VINOCOPIA Transportation Den Road Liquor Store 206621 270 CLAREYS INC Safety Supplies Utility Operations-General 207094 270 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 207345 270 SQUARE CUT Other Contracted Services Senior Center Admin 207073 269 IND SCHOOL DIST 272 Other Revenue Teen Programs 207320 267 NORCOSTCO Operating Supplies Winter Theatre 207341 265 SIGNSOURCE Building Repair&Maint. Prairie View Liquor Store 207052 263 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 206794 262 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 207437 261 GRAND VIEW LODGE Tuition Reimbursement/School Police 206687 260 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 207583 257 ZIEGLER INC Equipment Parts Fleet Operating 206656 256 GS DIRECT Operating Supplies Engineering 206851 255 GRAINGER Supplies-General Bldg City Hall-CAM 206638 255 FASTENAL COMPANY Operating Supplies Traffic Signs 207264 253 DNR Awards Broomball 207007 251 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 206749 251 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 206982 250 XTREME INTEGRATION Equipment Repair&Maint IT Operating 207294 250 KAISER,DAVID S Operating Supplies Ice Rink#1 206991 249 AARON CARLSON CORPORATION Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 207178 249 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 207346 247 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 206800 245 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 206992 243 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 207475 241 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 207266 241 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 206942 240 REINDERS INC Operating Supplies Park Maintenance 206938 240 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 206620 240 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Engineering 207090 236 KUSTOM SIGNALS INC Equipment Repair&Maint Police 206647 235 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 207095 235 LEXISNEXIS Other Contracted Services Police 207410 235 CLAUDE'S CERAMIC TILE INC Building Repair&Maint. Den Road Building 207086 234 KEEPERS Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207454 233 INTELLECTUAL INVESTMENTS AR Utility Water Enterprise Fund 207051 232 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Den Road-EP items 207162 230 ST CLOUD STATE UNIVERSITY Conference Expense City Clerk 207026 227 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 207188 226 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 207151 222 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 207216 221 CDW GOVERNMENT INC. Other Hardware IT Operating 207356 219 TYRA-LUKENS,NANCY Mileage&Parking Administration 207226 217 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Operating 207102 215 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 207208 215 MINNESOTA CONWAY Other Contracted Services Fire 207147 215 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 207387 214 ANDERBERG INNOVATIVE PRINT SOL Printing Police 207544 214 STEINER,SHARON Operating Supplies Senior Center Programs 207299 212 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 207034 211 DNR Awards Broomball 206781 211 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 207137 211 PINNACLE FIREWORKS-DON'T USE Misc Taxable Prairie Village Liquor Store 207142 211 PREMIUM WATERS INC Operating Supplies Fire 207243 211 BOUNDLESS NETWORK Operating Supplies Ice Show 206734 210 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 206833 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 207017 208 CBIZ BENEFITS&INSURANCE SERV Other Contracted Services Health and Benefits 206996 208 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 207534 203 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 207502 201 NORTHLAND CHEMICAL CORP Equipment Parts Fleet Operating 207154 201 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control 206962 200 UNIVERSITY OF MINNESOTA Conference Expense Sewer Utility-General 207443 200 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 207426 199 EXECUTIVE OCEAN Employee Award Internal Events 207031 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff 206609 195 BOURGET IMPORTS Transportation Prairie Village Liquor Store 206591 194 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 206813 192 BOUNDLESS NETWORK Operating Supplies Community Center Admin 206792 192 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 206720 190 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 207480 187 MENARDS Building Materials Park Maintenance 207317 186 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 206924 186 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 206798 186 ARNDT,DALE Small Tools Fleet Operating 207359 185 US POSTMASTER Postage Customer Service 207551 184 TACKMIER,KARIE Other Contracted Services Volleyball 207418 183 DELEGARD TOOL CO Small Tools Fleet Operating 207083 183 JOHNSTONE SUPPLY Repair&Maint.Supplies 3rd Sheet of Ice 206702 182 MPX GROUP,THE Printing Fire 206611 180 CANNON RIVER WINERY Wine Imported Den Road Liquor Store 207568 180 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 207562 180 VIKING ELECTRIC SUPPLY Supplies-Electrical City Hall-CAM 207548 179 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 206711 177 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Organizational Services Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207401 174 BOYER TRUCKS Equipment Parts Fleet Operating 4145 174 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 207185 172 WACONIA FARM SUPPLY Equipment Parts Park Maintenance 207384 170 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie Village Liquor Store 207227 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 207427 168 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 207209 166 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 207085 165 KAISER,DAVID S Recreation Supplies Gymnasium(CC) 207535 165 SHERWIN WILLIAMS CO Building Materials Park Maintenance 206795 164 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 206731 162 RAY,LEE Other Contracted Services Basketball 207289 162 JOE,ALLAN Refunds Environmental Education 207538 161 SHRED-IT Waste Disposal Den Road Liquor Store 207155 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 206602 160 BERGET,LINETTE Instructor Service Outdoor Center 206923 157 OLSEN COMPANIES Equipment Parts Fleet Operating 207347 157 STAPLES ADVANTAGE Office Supplies Customer Service 207041 157 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 207498 154 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 207514 154 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 4169 153 VANCO SERVICES Miscellaneous Community Center Admin 207330 153 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 206834 150 EIDE,KELSEY Other Contracted Services Summer Theatre 206835 150 ENGH,BOB Refunds Environmental Education 206896 150 MD IAI Dues&Subscriptions Police 207355 150 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering 207499 149 NIELSEN LLC,CLARITAS Miscellaneous Economic Development 207520 147 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 206812 145 BOLD,PAULINE Instructor Service Outdoor Center 206639 144 FEDEX Wireless Subscription IT Operating 206966 143 VALSTAR PRINTER SOLUTIONS Equipment Repair&Maint IT Operating 207212 143 TCM,A TIME INC COMPANY Dues&Subscriptions Fitness Center 206713 142 OLSEN COMPANIES Equipment Parts Fleet Operating 206971 142 WILSON,JOHN D. Clothing&Uniforms Police 207336 141 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 207385 141 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 206741 140 SHRED-IT Other Contracted Services Police 206643 139 FRAZIER,GARY AR Utility Water Enterprise Fund 206887 137 LAB SAFETY SUPPLY INC EMS Supplies Fire 207201 135 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 206666 135 HOHENSTEINS INC Beer Prairie View Liquor Store 207433 134 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 207529 134 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 207462 134 KEEPERS Clothing&Uniforms Fire 206694 133 MENARDS Repair&Maint.Supplies Utility Operations-General 206739 133 SCHNELL,KELLY Accounts Receivable Community Center Admin 207084 132 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207263 130 DIRECTV Operating Supplies Police 207303 130 METRO CISM TEAM Tuition Reimbursement/School Police 207358 130 UNIFORMS UNLIMITED Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207229 130 ARNDT,DALE Small Tools Fleet Operating 207375 129 QWEST Telephone E-911 Program 207022 129 CLAEYS,JESSICA R Tuition Reimbursement/School Police 207298 128 LANDS END CORPORATE SALES Clothing&Uniforms Police 207116 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 206961 125 TWIN CITIES ARMA Conference Expense City Clerk 207099 125 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 206874 124 JASON'S DELI Operating Supplies Reserves 207272 124 GIFTCRAFT INC Transportation Prairie View Liquor Store 207124 124 NORTHERN TOOL Equipment Parts Fleet Operating 206840 123 FEDEX KINKO'S OFFICE AND PRINT Printing Water System Maintenance 207316 122 MT GLOBAL LLC Transportation Prairie Village Liquor Store 207160 120 SQUARE CUT Instructor Service Senior Center Admin 207312 120 MINNESOTA WATERS Conference Expense Storm Drainage 207509 120 PETSMART Canine Supplies Police 206836 120 EPIC PRODUCTS Misc Taxable Den Road Liquor Store 206804 119 BATTERIES PLUS Supplies-Electrical City Hall-CAM 207334 118 QWEST Telephone IT Telephone 206787 117 BOMA MINNEAPOLIS Conference Expense Facilities Staff 206937 116 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 206852 116 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 207579 116 WYFFELS,BILL Tuition Reimbursement/School Police 207465 115 KERR,WAYNE AR Utility Water Enterprise Fund 207472 115 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 206846 115 G&K SERVICES Clothing&Uniforms Utility Operations-General 206897 114 MENARDS Repair&Maint.Supplies Utility Operations-General 206922 114 OHLENDORF,DOUGLAS AR Utility Water Enterprise Fund 207565 112 WAHLEN,RICK Travel Expense Utility Operations-General 207411 111 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 206662 109 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 206997 107 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 207015 106 CARLSTON,BRANDON Clothing&Uniforms Police 207146 105 PUSH PEDAL PULL Other Assets Fitness Center 206936 104 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 207478 103 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 4168 101 VANCO SERVICES Miscellaneous Community Center Admin 207497 100 MULCAHY COMPANY INC Supplies-HVAC City Hall-CAM 207046 100 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 206593 100 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Fleet Operating 206605 100 BOLD,PAULINE Instructor Service Outdoor Center 206719 100 POLLITT,DAVID Refunds Environmental Education 206751 100 TACKMIER,KARIE Other Contracted Services Broomball 206785 100 YASIRI,MUNNA Refunds Environmental Education 206801 100 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Fire 206815 100 BULLINGER,TODD Refunds Environmental Education 206829 100 DIDDELL,LYNN Refunds Environmental Education 206858 100 HARRIS,JEFFREY Refunds Environmental Education 206869 100 HURKADLI,MONA Refunds Environmental Education 206959 100 TOBIAS,JUDY Refunds Environmental Education 206968 100 VANDERLOOP,MARY Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206980 100 WRIGHT,DAVID Refunds Environmental Education 207037 100 DUNFORD,MIKE Refunds Environmental Education 207101 100 MCCARTY,BRIAN Refunds Environmental Education 207112 100 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire Station#1 207177 100 USPCA REGION 12 Tuition Reimbursement/School Police 207189 100 WEAVER,RICHARD Refunds Environmental Education 207246 100 BULLINGER,TODD Refunds Environmental Education 207310 100 MINNESOTA DEPT OF LABOR AND IN Licenses,Permits,Taxes Utility Operations-General 207360 100 USPCA REGION 18 Tuition Reimbursement/School Police 207404 100 CARLSON,RACHEL Refunds Environmental Education 207417 100 DEL RIO,ELVIA Refunds Environmental Education 207450 100 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 207495 100 MSANI Tuition Reimbursement/School Police 207503 100 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Organizational Services 207546 100 STOLTMAN,MARK Refunds Environmental Education 207584 100 AMEM Dues&Subscriptions Utility Operations-General 206824 97 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 207540 96 SNAP-ON TOOLS Small Tools Fleet Operating 207019 95 CERTIFIED APPLIANCE RECYCLING Waste Disposal City Hall-CAM 207093 95 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Workers Comp Insurance 207516 95 POWERPLAN OIB Equipment Parts Fleet Operating 206586 95 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 206588 92 ALBERT,MICHAEL Mileage&Parking Utility Operations-General 207302 91 MENARDS Equipment Parts Fleet Operating 207293 91 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207138 91 PORTA,KITTY Mileage&Parking City Clerk 207517 90 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 206915 90 MYERS,TERRI Tuition Reimbursement/School Fitness Classes 206696 89 METROPOLITAN FORD Equipment Parts Fleet Operating 207091 89 LANDS END CORPORATE SALES Clothing&Uniforms Police 207213 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road-EP items 207145 87 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 207277 86 HACH COMPANY Laboratory Chemicals Utility Operations-General 207187 85 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 207296 85 KERNS,LORI Awards Organizational Services 206850 84 GINA MARIAS INC Operating Supplies Police 206802 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 206964 82 UPS Postage Water Metering 207483 82 MICHAELSON,ELIZABETH H Operating Supplies Theatre Initiative 206641 81 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 206797 80 ANDERSON,JUSTIN Tuition Reimbursement/School Fire 206894 80 MAIER,NATHAN Tuition Reimbursement/School Fire 206956 80 TESSMANN,STEVE Tuition Reimbursement/School Fire 207307 79 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 207390 79 ASKIM,KAREN Refunds Environmental Education 206843 78 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 206718 78 PITKANEN,STEVEN S Mileage&Parking Utility Operations-General 207413 78 DANHAUSER,LINDSEY Mileage&Parking Arts 207096 78 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 206898 78 MERLINS ACE HARDWARE Supplies-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207340 75 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 207364 75 WILSON,JOHN D. Training Supplies Police 206594 75 AZTEC BP Equipment Repair&Maint Police 206760 75 U-CARE MINNESOTA Deposits Community Center Admin 207087 75 KIDCREATE STUDIO Instructor Service Arts Center 207464 75 KERBER,KRISTEN Refunds Environmental Education 207564 75 VOECKS,MATT Refunds Environmental Education 207268 73 G&K SERVICES Clothing&Uniforms Street Maintenance 207269 73 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 207143 72 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena Maintenance 207430 71 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 207234 70 BATTERIES PLUS Supplies-Fire/Life/Safety Cummins Grill House 206925 70 OLSON,JAMES Refunds Environmental Education 207262 70 DEPARTMENT OF LABOR&INDUSTRY Licenses&Taxes Park Maintenance 206949 70 STANLEY SECURITY SOLUTIONS INC Supplies-Security Fitness/Conference-Cmty Ctr 207339 69 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control 207279 68 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg City Hall-CAM 207114 68 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 207381 68 A TO Z RENTAL CENTER Equipment Parts Park Maintenance 206838 67 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 206960 67 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 206679 65 KOCHER,SUSAN Instructor Service Outdoor Center 206644 64 FSH COMMUNICATIONS LLC Telephone Round Lake 207374 63 KOCOUREK,JOAN Clothing&Uniforms Police 207097 62 LINDAHL,DAVID Mileage&Parking Economic Development 207389 62 ARNDT,DALE Equipment Parts Fleet Operating 207343 62 SPRINT Telephone Engineering 207133 61 PETSMART Canine Supplies Police 207280 61 HEFFERAN,CINDII Operating Supplies Day Care 206929 60 PETSMART Canine Supplies Police 207168 59 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 206730 58 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 207252 58 COMCAST Dues&Subscriptions City Council 206951 55 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 206772 55 WATERS,MARK AR Utility Water Enterprise Fund 207491 55 MINNESOTA WATER WELL ASSOCIATI Dues&Subscriptions Utility Operations-General 206606 54 BORG,STEVE Mileage&Parking Utility Operations-General 207223 54 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 207248 54 CAT&FIDDLE BEVERAGE Transportation Den Road Liquor Store 207338 54 SCHARBER&SONS Equipment Parts Fleet Operating 206860 53 HENNEPIN COUNTY ACCOUNTS RECEI Licenses&Taxes Fleet Operating 207033 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 206743 51 SNAP-ON TOOLS Small Tools Fleet Operating 207323 51 PAPER DIRECT INC Office Supplies Customer Service 207398 50 BOHNSACK,SUE Mileage&Parking Senior Center Admin 207042 50 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 206618 50 CHANG,ALICE Refunds Environmental Education 206632 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 206665 50 HILPIPRE,DEBORAH Refunds Environmental Education 206816 50 CARLSON,CHARLES Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206830 50 DIONNE,CHARLES Refunds Environmental Education 206941 50 RAMETTE,JIM Accounts Receivable Community Center Admin 207039 50 EMPLOYER HEALTH SERVICES LLC Employment Support Test Organizational Services 207126 50 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Organizational Services 207388 50 ANDERSON,DEBBIE Refunds Environmental Education 207399 50 BOLD,PAULINE Instructor Service Outdoor Center 207403 50 CAREW,EDWARD Refunds Environmental Education 207487 50 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 207506 50 PAULSON,CYNTHIA Refunds Environmental Education 207531 50 SAGERS,BRETT Refunds Environmental Education 206935 49 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 206648 49 GINA MARIAS INC Operating Supplies Reserves 206903 49 MILLER,JOHN P Refunds Environmental Education 207461 49 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207445 48 HD SUPPLY FACILITIES MAINTENAN Operating Supplies City Hall-CAM 206705 48 MURRAY,JOHN Other Contracted Services Basketball 207047 47 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 207337 47 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 207267 47 FORCE AMERICA Equipment Parts Fleet Operating 206809 45 BERRY COFFEE COMPANY Merchandise for Resale Concessions 207120 44 MULCAHY COMPANY INC Supplies-HVAC Fitness/Conference-Cmty Ctr 207028 43 CUSTOM HOSE TECH Equipment Parts Fleet Operating 207012 41 BRAUER& ASSOCIATES LTD Other Assets Capital Impr/Maint Fixed 206585 40 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 206865 40 HICKMAN,JON Instructor Service Outdoor Center 207587 40 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 206963 38 UNLIMITED SUPPLIES INC Small Tools Fleet Operating 206905 37 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Street Maintenance 207448 37 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 207419 37 DETLOFF MGMT AR Utility Water Enterprise Fund 207258 37 CRON,SUE Operating Supplies Ice Show 206758 36 TWIGG,DANIELLE Accounts Receivable Community Center Admin 206927 36 PARSONS,JACQUELINE Accounts Receivable Community Center Admin 207250 36 CHRISTENSEN,MARJORIE Accounts Receivable Community Center Admin 206811 36 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Den Road-EP items 207405 35 CARLSON,RAY Tuition Reimbursement/School Fire 207225 35 AMERICAN LASER LLC Operating Supplies Reserves 207271 35 GERST,JEFF Plumbing Permits General Fund 207044 35 FITZGERALD,MAUREEN Tuition Reimbursement/School Fitness Classes 207392 34 ASPEN MILLS Clothing&Uniforms Police 206881 34 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207486 34 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 206755 34 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 206947 33 SHRED-IT Office Supplies Community Center Admin 206848 32 GERTENS Conference Expense Park Maintenance 206740 32 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 206978 32 WITT,BETH Accounts Receivable Community Center Admin 206849 30 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 206825 30 CUSTOM HOSE TECH Equipment Parts Fleet Operating 206736 30 RUSTAD,NYRA Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206773 30 WILLIAMS,DENNIS&BONNIE Deposits Community Center Admin 207380 30 MN SEEDING CONTRACTORS ASSOCI Conference Expense Engineering 206623 30 CROWN MARKING INC Refunds CDBG-Public Service 207103 28 MENARDS Equipment Parts Fleet Operating 206870 28 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 206689 26 LOSEKE,MICHELLE Accounts Receivable Community Center Admin 207446 26 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 206748 26 STEINER,SHARON Special Event Fees Senior Center Programs 206701 25 MINNESOTA WATERS Dues&Subscriptions Storm Drainage 206780 25 WOMEN IN LEISURE SERVICES Dues&Subscriptions Arts 206789 25 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow 206933 25 POSTIC,REBECCA Refunds Environmental Education 207556 25 TWIN CITIES BUSINESS MONTHLY Dues&Subscriptions Economic Development 206845 23 FUNK,CYNTHIA S Other Contracted Services Volleyball 206906 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 207309 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 207383 23 AMERICA'S TEAM SALES,LLC Operating Supplies Ice Rink#1 206987 23 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 206727 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections 207232 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 206861 22 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 207061 21 HALLOCK COMPANY INC Equipment Parts Water Treatment Plant 206599 20 BELL,THOMAS Deposits Community Center Admin 206607 20 BORK,DANIELLE Deposits Community Center Admin 206610 20 BROWN,ARLENE Deposits Community Center Admin 206627 20 DEVARAKONDA,LAKSHMI Deposits Community Center Admin 206657 20 GUERTIN,MARJORIE Deposits Community Center Admin 206659 20 HANNAH,BARBARA Deposits Community Center Admin 206680 20 KRANTZ,DONALD Deposits Community Center Admin 206681 20 KRATZ,ROBERT Deposits Community Center Admin 206683 20 LAFFOND,JONATHAN Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 206732 20 RENNEKE,JOSEPH Deposits Community Center Admin 206737 20 SANDVICK,DIANNE Deposits Community Center Admin 206750 20 SWANSON,BRUCE Accounts Receivable Community Center Admin 206752 20 TEMPLIN,ELIZABETH Deposits Community Center Admin 206753 20 THOMPSON,KATIE Deposits Community Center Admin 206764 20 VALIVETI,SIVAKIRAN Deposits Community Center Admin 206768 20 VIDMAR,ED Deposits Community Center Admin 206832 20 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 207281 20 HENNEPIN COUNTY TREASURER Printing Police 207393 20 ASSOCIATION OF RECYCLING MANAG Dues&Subscriptions Recycle Rebate 206885 20 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 207304 19 METRO SALES INCORPORATED* Postage Customer Service 207308 19 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 206900 19 METROPOLITAN FORD Equipment Parts Fleet Operating 207239 18 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 206682 18 KUNTZE,JUNE Accounts Receivable Community Center Admin 206999 17 ASPEN MILLS Clothing&Uniforms Police 207214 17 UPS Equipment Repair&Maint Public Safety Communications 206706 16 MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 207557 16 UNIFORMS UNLIMITED Clothing&Uniforms Police 206690 16 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 206622 16 COMCAST Other Contracted Services Police 206598 15 BEATTIE,JOANNE Deposits Community Center Admin 206617 15 CERIDIAN Ceridian IT Operating 206678 15 KOCH,KAREN Deposits Community Center Admin 206880 15 JOHNSON,WAYNE Accounts Receivable Community Center Admin 206733 15 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 207089 14 KRAEMERS HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 206826 14 DAHL,GAYLE Special Event Fees Red Hat 207025 13 COMCAST Operating Supplies Fire 206596 13 BATTERIES PLUS Operating Supplies Street Maintenance 206988 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 206822 11 COMCAST Operating Supplies Fire 206663 11 HENRICKSEN&COMPANY INC Supplies-Security Senior Center 206729 11 R&R SPECIALTIES OF WISCONSIN Repair&Maint.Supplies Ice Arena Maintenance 206676 10 JOHNSON,BRUCE Equipment Repair&Maint Senior Center Programs 206603 10 BERGREN,BETH Operating Supplies Internal Events 206669 10 IND SCHOOL DIST 272 Operating Supplies Internal Events 207115 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 207526 9 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 207490 8 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 206707 8 NARAYAN,GANAPATHY Accounts Receivable Community Center Admin 4167 8 VANCO SERVICES Bank and Service Charges Sewer Utility-General 207423 5 DOVER,RUTH Accounts Receivable Community Center Admin 207431 5 FISCHER,DELORES Accounts Receivable Community Center Admin 207539 5 SJOQUIST,PAM Accounts Receivable Community Center Admin 4147 5 VANCO SERVICES Bank and Service Charges Sewer Utility-General 206700 2 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 4,246,576 Grand Total City of Eden Prairie Purchasing Card Payment Report 2/20/2011 Payment Amount Explanation Vendor Account Description Business Unit 25 US-Shop Wash Fluid HOME DEPOT CREDIT SERVICES Lubricants&Additives Utility Operations-General 34 US-Radio Batteries BATTERIES PLUS Repair&Maint.Supplies Sewer System Maintenance 968 US-New Metal Locator POLLARD WATER Computers Water System Maintenance 64 US-Back Room Shelves HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 35 US-DOT Inspection Decals MINNESOTA STATE PATROL Licenses,Permits,Taxes Fleet Operating 120 US-Red Hat Luncheon RAINBOW FOODS INC. Special Event Fees Red Hat 32 US-Tour Food DUNN BROTHERS COFFEE Special Event Fees Trips 80 US-Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 17 US-Pop WALMART COMMUNITY Operating Supplies Senior Center Administration 273 US-Lunch"N Learn D BRIAN'S DELI&CATERING Special Event Fees Classes/Programs/Events 3 US-Napkins DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 1 US-Movie REDBOX DVD Operating Supplies Classes/Programs/Events 25 US-Volley Ball Supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Volleyball 8 US-Volley Ball Supplies ARROW ACE HOME Operating Supplies Volleyball 75 US-Volley Ball Supplies KRAEMERS HARDWARE INC Operating Supplies Volleyball 70 US-Volley Ball Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Volleyball 24 US-Volley Ball Supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Volleyball 35 US-Volley Ball Supplies MENARDS Operating Supplies Volleyball 17 US-Volley Ball Supplies OFFICEMAX CREDIT PLAN Operating Supplies Volleyball 28 US-Shovels for Miller Park HOME DEPOT CREDIT SERVICES Operating Supplies Skating Rinks/Warming Houses 110 US-Exam Training Books MINNESOTA POLLUTION CONTROL AG Training Supplies Utility Operations-General 30 US-Radio Batteries BATTERIES PLUS Repair&Maint.Supplies Sewer System Maintenance 152 US-Lunch for CPR Train. DAVANNI'S PIZZA Repair&Maint.Supplies Utility Operations-General 181 US-Lunch for CPR Train. DAVANNI'S PIZZA Repair&Maint.Supplies Utility Operations-General 11 US-Batteries for Pagers HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Utility-General 2 US-Meals at Green Expo MPLS CONVENTION CENTER Conference Expense Park Maintenance 12 US-Parking at Green Expo MPLSPARKING.COM Mileage&Parking Park Maintenance 9 US-Meals at Green Expo MPLS CONVENTION CENTER Conference Expense Park Maintenance 12 US-Parking at Green Expo MPLSPARKING.COM Mileage&Parking Park Maintenance 110 US-Pesticide Recertification NORTHERN GREEN EXPO Licenses,Permits,Taxes Park Maintenance 34 US-Pesticide Test Manuals UNIVERSITY OF MINNESOTA Licenses,Permits,Taxes Park Maintenance 91 US-Promotion Review Brd D'AMICO AND SONS Operating Supplies Fire 361 US-Office Supplies STAPLES Office Supplies Fire 105 US-Conference/Membership WOMEN IN LEISURE SERVICES Conference Expense Fire 247 US-Officer Develp.Class BUCA Operating Supplies Fire 261 US-Station#1 Picture Frame MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 50 US-Membership Dues FBI-LEEDA Dues&Subscriptions Police 77 US-Membership Dues FBINAA Dues&Subscriptions Police 120 US-Membership Dues IACP Dues&Subscriptions Police 9 US-Parking at Seminar MPLSPARKING.COM Mileage&Parking Park Maintenance 20 US-Equipment Show Ticket NORTHERN GREEN EXPO Conference Expense Park Maintenance 17 US-Ice Auger Blades CABIN FEVER SPORTINGS GOODS Operating Supplies Park Maintenance 229 US-IAFC Annual Dues IAFCI Dues&Subscriptions Fire 63 US-Command Staff Meeting GREEN MILL Operating Supplies Fire 200 US-Annual Subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 250 US-Security Conference HOMELAND SECURITY AND EMERGENC Conference Expense Fire 74 US-Standby Crew for Fire LATUFF'S PIZZERIA Operating Supplies Fire 85 US-Minute Taking Webiner MCMURRY'S CENTER FOR PROFESSIO Conference Expense Planning 85 US-Minute Taking Webiner MCMURRY'S CENTER FOR PROFESSIO Conference Expense City Council 485 US-Application R.Herron AMERICAN PLANNING ASSN Conference Expense Planning 21 US-Pre-paid-Investigat.Use VERIZON WIRELESS Pager&Cell Phone Police 33 US-Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 106 US-Shop Tools HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 6 US-Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 7 US-Lake Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 91 US-Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 43 US-Shop Tools/Saw Blade HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 82 US-Lake Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 16 US-Ice Auger Cover/Guard GANDER MOUNTAIN Repair&Maint.Supplies Park Maintenance 115 US-Mailboxes-SnowDamage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 49 US-Mailboxes-SnowDamage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 14 US-Generator/Electric.Keys HANCE ACE HARDWARE Repair&Maint.Supplies Water Treatment Plant 634 US-Chlorine System Parts JASPER ENGINEERING&EQUIPMENT Equipment Parts Water Treatment Plant 76 US-Brass Nozzles SPRAYING SYSTEMS CO Equipment Parts Water Treatment Plant 35 US-Part for Ferric Pump PAYPAL INC Equipment Parts Water Treatment Plant 50 US-Mgr Interview Debrief(3) SANTORINIS Miscellaneous Administration 13 US-CityMgr Candidate Tour DUNN BROTHERS COFFEE Miscellaneous Administration 37 US-#1 City Overview JAKE'S CITY GRILL Miscellaneous Administration 17 US-Lunch at Conference LEGAL SEA FOODS Conference Expense Community Development Admin. 5 US-Transit to HUD Confer. MTBA Travel Expense Community Development Admin. 9 US-Luncheon Meeting JIMMY JOHNS Conference Expense Community Development Admin. Amount Explanation Vendor Account Description Business Unit 72 US-Parking while at Confer. MSP AIRPORT Mileage&Parking Community Development Admin. 1 US-Transit to Airport MTBA Travel Expense Community Development Admin. 13 US-Breakfast-Conference CHARLES HOTEL Conference Expense Community Development Admin. 255 US-Public Finance Seminar PAYPAL INC Conference Expense Community Development Admin. 180 US-Membership Dues SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 64 US-Ceridian Training CRUMB GOURMET DELI Training Supplies Organizational Services 135 US-Human Resource Train. TWIN CITIES HUMAN RESOURCES AS Conference Expense Human Resources 112 US-Gift Cert.-Holiday Party EDEN PRAIRIE CENTER Operating Supplies Fire 66 US-Office Supp.-Station#3 OFFICEMAX CREDIT PLAN Operating Supplies Fire 167 US-Hopkins Stand-by Crew RUBY TUESDAY Operating Supplies Fire 196 US-Mtka Stand-by Crew RUBY TUESDAY Operating Supplies Fire 58 US-Clocks for Various Rms WARESDIRECT.COM Office Supplies Fire 20 US-Battery Cases TARGET Safety Supplies Fire 55 US-Office Supp.-Station#3 OFFICEMAX CREDIT PLAN Operating Supplies Fire 99 US-Copies for Classes FEDEX Training Supplies Fire 209 US-HVAC Parts-City/C.H.R. CARROLL PARTS Repair&Maint.Supplies City Hall-CAM 495 US-Annual Subscription TRACS FINANCIAL LLC Dues&Subscriptions Finance 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 20 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 1,934 US-Dec'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 963 US-Dec'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 709 US-Dec'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -72 US-Dec'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 120 US-Budget Train-T.Wilson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 36 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 31 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 118 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 81 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 614 US-Café Supplies NEXT DAY GOURMET Operating Supplies Concessions 53 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 13 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 108 US-Café Supplies KERNEL CONCESSION SUPPLY Merchandise for Resale Concessions 7 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 40 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 49 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 81 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 41 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 168 US-Café Food SPORTS WORLD USA INC Merchandise for Resale Concessions 45 US-Café Food GREAT HARVEST BAKERY Merchandise for Resale Concessions 52 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 29 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 32 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 26 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 56 US-Café Food KERNEL CONCESSION SUPPLY Merchandise for Resale Concessions 13 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 39 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 30 US-Café Food SPORTS WORLD USA INC Merchandise for Resale Concessions 33 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 13 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 25 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 23 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 203 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 32 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 29 US-Café Food GREAT HARVEST BAKERY Merchandise for Resale Concessions 24 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 7 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 108 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 145 US-Café Food SPORTS WORLD USA INC Merchandise for Resale Concessions 99 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 77 US-Café Food OFFICEMAX CREDIT PLAN Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 917 US-Rental Skates SPORTS WORLD USA INC Capital Under$10,000 Ice Rink#1 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 95 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 52 US-Phone Charger VERIZON WIRELESS Repair&Maint.Supplies Utility Operations-General 204 US-Water Plant Supplies OLSEN CHAIN&CABLE Repair&Maint.Supplies Water System Maintenance 28 US-Water Plant Supplies FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 495 US-Control Room Software ARVATO SYSTEMS Software Communications 99 US-City Mgr Interviews CRUMB GOURMET DELI Miscellaneous City Council 111 US-City Mgr Interviews D BRIAN'S DELI&CATERING Miscellaneous City Council 60 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 35 US-SLUC Lunch-J.Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 8 US-Water for Meetings RAINBOW FOODS INC. Miscellaneous City Council Amount Explanation Vendor Account Description Business Unit 248 US-Council Workshop Food QDOBA MEXICAN GRILL Miscellaneous City Council 144 US-City Mgr Interviews JASON'S DELI Miscellaneous City Council 66 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine Fund FTD.COM Deposits Escrow 30 US-City Mgr Open House EDEN PRAIRIE COMMUNITY CENTER Miscellaneous City Council 278 US-Council Workshop Food LEEANN CHIN Miscellaneous City Council 64 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 75 US-Sunshine Fund FTD.COM Deposits Escrow 9 US-Meeting-"Got Play" DUNN BROTHERS COFFEE Operating Supplies Recreation Administration 2 US-Meeting-"Got Play" DUNN BROTHERS COFFEE Operating Supplies Recreation Administration 12 US-Arts&Culture Meeting JJ'S COFFEE COMPANY&WINE BAR Operating Supplies Recreation Administration 52 US-DVD NRPA Conference Expense Recreation Administration 37 US-DVD NRPA Conference Expense Recreation Administration 47 US-DVD NRPA Conference Expense Recreation Administration 70 US-Dev.Wkshop-Obiiazor WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 105 US-Dev.Wkshop-B.Uting WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 70 US-Dev.Wkshop-Bohnsack WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 105 US-Dev Wkshop-Feltmann WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 3 US-Gas for Generator SUPER AMERICA Motor Fuels Storm Drainage 101 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 100 US-Batteries for Flashers BATTERIES PLUS Repair&Maint.Supplies Storm Drainage 10 US-Spray License DEPARTMENT OF AGRICULTURE Licenses,Permits,Taxes Street Maintenance 175 US-Conference-S.Berg MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Utility Operations-General 350 US-Conf-Pitkenen/Carlson MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Utility Operations-General 50 US-North Expo Meal(3) SPIKE'S SPORTS BAR Conference Expense Park Maintenance 134 US-Recycling of Electronics AVISTA RECYCLING INC Operating Supplies Utility Operations-General 22 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 7 US-Radio Cabinet Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 41 US-Cabinet Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 51 US-Cabinet Supplies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Utility Operations-General 70 US-DevelopmentWorkshop WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 34 US-CD's for Camps-Parties KIDZBOPSHOP.COM Operating Supplies Arts Center 570 US-Easels from Grant BLICK ART MATERIALS Operating Supplies Arts Center 214 US-Play Care Supplies TARGET Operating Supplies Day Care 164 US-Activity Supplies WALMART COMMUNITY Operating Supplies Day Care 205 US-BDay party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 177 US-Craft Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 200 US-Daily Theme Items DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 74 US-Puppet Theatre DISCOUNT SCHOOL SUPPLY Recreation Supplies Day Care 180 US-Shirts for B-Day Parties MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 101 US-Craft Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 43 US-Concessions Receipts OFFICEMAX CREDIT PLAN Operating Supplies Concessions 31 US-Concessions Receipts OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 60 US-Register Tape AMAZON.COM Operating Supplies Community Center Admin 97 US-Holiday Theme Crafts ORIENTAL TRADING Operating Supplies Day Care 6 US-Facilities Return UPS STORE,THE Repair&Maint.Supplies Ice Arena Maintenance 6 US-Facilities Return UPS STORE,THE Repair&Maint.Supplies Ice Arena Maintenance 19 US-Error-Will Credit UPS STORE,THE Repair&Maint.Supplies Ice Arena Maintenance 157 US-Uniforms for Playcare LANDS END CORPORATE SALES Clothing&Uniforms Day Care 219 US-Tot Time Gym Supplies ORIENTAL TRADING Operating Supplies Gymnasium(CC) 101 US-Activity Supplies WALMART COMMUNITY Operating Supplies Day Care 335 US-Continuing Assessor Ed MINNESOTA CLE Conference Expense Assessing 252 US-2010 Statutes MINNESOTA'S BOOKSTORE Dues&Subscriptions Assessing 33 US-Critter Food&Supplies PETCO Operating Supplies Outdoor Center 17 US-Critter Food&Supplies PETCO Operating Supplies Outdoor Center 363 US-Dance Supplies ORIENTAL TRADING Operating Supplies Special Events&Trips 107 US-Rock on Ice KOWALSKI'S MARKET Operating Supplies Skating Rinks/Warming Houses 5 US-Beverage Cups WALGREEN'S#5080 Operating Supplies Skating Rinks/Warming Houses 70 US-DevelopmentWorkshop WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 63 US-Sesame Street Tickets TARGET CENTER Special Event Fees CC-Special Events&Trips 97 US-Bingo Prizes DOLLAR TREE STORES,INC. Operating Supplies CC-Special Events&Trips 129 US-Table Decorations ORIENTAL TRADING Operating Supplies Youth Programs Administration 2 US-Credit Next Statement THE ORIGINAL PANCAKE HOUSE Deposits Escrow 54 US-Leadership Train.Books BARNES&NOBLE Operating Supplies Youth Programs Administration 44 US-Dance Supplies CVS PHARMACY Operating Supplies Special Events&Trips 23 US-Dance Supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events&Trips 15 US-Dance Supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events&Trips 85 US-Attendant Rink Supplies WALGREEN'S#5080 Operating Supplies Skating Rinks/Warming Houses 75 US-D.O.T.Inspections MINNESOTA STATE PATROL Licenses,Permits,Taxes Fleet Operating 167 US-Flag Belt Set GOPHER Operating Supplies Touch Football 320 US-Volley Ball Antennas GOPHER Operating Supplies Volleyball 70 US-DevelopmentWorkshop WOMEN IN LEISURE SERVICES Conference Expense Recreation Administration 35 US-Adaptive Prog.Supplies FLAGHOUSE Recreation Supplies Therapeutic Rec Administration 69 US-Staff Training NETA Licenses,Permits,Taxes Fitness Classes 320 US-Swim Lesson Supplies RECREONICS Operating Supplies Pool Lessons Amount Explanation Vendor Account Description Business Unit 135 US-Fitness Special Events WALMART COMMUNITY Operating Supplies Fitness Classes 47 US-Shipping of Supplies RECREONICS Operating Supplies Fitness Classes 164 US-Staff Training NETA Licenses,Permits,Taxes Fitness Classes -47 US-Shipping Chrg Included RECREONICS Operating Supplies Fitness Classes 257 US-EPCC Pool Supplies EXCEL SPORTS SCIENCE INC. Operating Supplies Pool Lessons 99 US-Staff Training NETA Licenses,Permits,Taxes Fitness Classes 333 US-EquipmentStorage Cart S&S WORLDWIDE Operating Supplies Fitness Center 50 US-Music for Group Fitness YES FITNESS MUSIC Operating Supplies Fitness Classes 30 US-Instruction Training SILVERSNEAKERS FITNESS PROGRAM Tuition Reimbursement/School Fitness Classes 1,435 US-Oak Pt Lane Line Reel ADOLPH KIEFER&ASSOCIATES Operating Supplies Oak Point Operations 50 US-Fitness Instruc.Training SILVERSNEAKERS FITNESS PROGRAM Tuition Reimbursement/School Fitness Classes 250 US-Body Pump-MonthlyFee SCW FITNESS Licenses,Permits,Taxes Fitness Classes 217 US-1st Aid Supplies FIRST-AID-PRODUCT Operating Supplies Community Center Admin 35 US-Instruction Training NETA Tuition Reimbursement/School Fitness Classes 50 US-Booth at Career Fair MINNESOTA STATE UNIVERSITY Tuition Reimbursement/School Police 1,745 US-Train.Clase-7 Officers SOTA Tuition Reimbursement/School Police 156 US-Juvenile Officer Training HOLIDAY INN Tuition Reimbursement/School Police 856 US-Fleet TV BEST BUY Computers Public Works/Parks 69 US-Conf Call Software WEBEX COMMUNICATIONS Computers IT Operating 9 US-Phone for Police Dept AMAZON.COM Operating Supplies IT Telephone 19 US-Phone for Police Dept AMAZON.COM Operating Supplies IT Telephone 159 US-Projector Lamp PROJECTORQUEST Computers IT Operating 1,437 US-Laptop/Software-Fire BEST BUY Other Assets CIP-Bonds 112 US-Tools for Remodel HOME DEPOT CREDIT SERVICES Small Tools Sewer Utility-General 58 US-Tools for Remodel HOME DEPOT CREDIT SERVICES Small Tools Sewer Utility-General 35 US-Tools for Remodel HOME DEPOT CREDIT SERVICES Small Tools Sewer Utility-General 1 US-Tools for Remodel HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Utility-General -15 US-NSF Charge Reversible US BANK Bank and Service Charges Finance 33,334 City of Eden Prairie Purchasing Card Payment Report 3/20/11 Purchasing Card Payment Amount Explanation Vendor Account Description Business Unit 6 US-Pkg-Tree/Turf Seminar MPLSPARKING.COM Conference Expense Park Maintenance 13 US-Shipped radio,repair UPS STORE,THE Postage Sewer System Maintenance 6 US-Paint Tray Liners MENARDS Repair&Maint.Supplies Park Maintenance 17 US-Desicant GANDER MOUNTAIN Equipment Parts Fleet Operating 11 US-Valentines Brunch EDEN PRAIRIE COMMUNITY CENTER Special Event Fees Senior Center Programs 527 US-Valentines Brunch ANNIE'S CAFE Special Event Fees Senior Center Programs 17 US-Valentines Brunch ANNIE'S CAFE Special Event Fees Senior Center Programs 408 US-Senior Center Trip MINNESOTA ORCHESTRAL ASSOCIATI Special Event Fees Trips 71 US-Osteoarthritis Program RAINBOW FOODS INC. Operating Supplies Senior Center Programs 153 US-Red Hat Trip D B&COMPANY Special Event Fees Red Hat 32 US-St Patrick's Luncheon DOLLAR TREE STORES,INC. Special Event Fees Senior Center Programs 5 US-Driver's Safety Class WALGREEN'S#5080 Operating Supplies Senior Center Programs 11 US-Planting Class Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Programs 1,016 US-Employee Recognition BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events 13 US-Pop WALMART COMMUNITY Operating Supplies Senior Center Admin 7 US-Tape Measure HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 26 US-Flushing Maps MICHAELS-THE ARTS&CRAFTS S Office Supplies Water System Maintenance -26 US-Maps returned MICHAELS-THE ARTS&CRAFTS S Office Supplies Water System Maintenance 32 US-Flushing Maps OFFICEMAX CREDIT PLAN Office Supplies Water System Maintenance 38 US-Office Supplies OFFICEMAX CREDIT PLAN Office Supplies Water System Maintenance 1,050 US-Wastewater conf. MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations-General 592 US-Locator Repair Parts SCHONSTEDT INSTRUMENT COMPANY Equipment Repair&Maint Water Enterprise Fund 59 US-Dye Flour POLLARD WATER Repair&Maint.Supplies Storm Drainage 11 US-Drinking Fountain Supp. HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 32 US-License Study Materials UNIVERSITY OF MINNESOTA Licenses,Permits,Taxes Park Maintenance 110 US-Aquatics Recertification UNIVERSITY OF MINNESOTA Operating Supplies Park Maintenance 47 US-Aerator Repair AERATION INDUSTRIES INTERNATIO Repair&Maint.Supplies Park Maintenance 165 US-Tree Inspector Recertif UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 250 US-IAAI Conf-Tony Liddell MINNESOTA CHAPTER IAAI Conference Expense Fire 250 US-IAAI Conf-Scott Taylor MINNESOTA CHAPTER IAAI Conference Expense Fire 131 US-Hotel-MFSDA Confer. HOLIDAY INN Conference Expense Fire 95 US-Video Training Materials APWA Dues&Subscriptions Fleet Operating 525 US-Safety Inspector Course MRPA Conference Expense Park Maintenance 16 US-MNFAC Meeting SHAMROCKS Operating Supplies Fire 23 US-Chan Stand By MCDONALDS Operating Supplies Fire 200 US-Annual Subscription SURVEYMONKEY.COM Operating Supplies Fire 129 US-Pesticide Wkshop/Exam MN NURSERY&LANDSCAPE Licenses,Permits,Taxes Park Maintenance 10 US-Pesticide License MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes Park Maintenance 6 US-Pkg-Tree/Turf Seminar MPLSPARKING.COM Conference Expense Park Maintenance 12 US-Aerator Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 48 US-Office Cubical Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Park Maintenance 390 US-Education Conference INTERNATIONAL CODE COUNCIL Conference Expense Fire 1,498 US-Press Pump Parts BRAAS CO Equipment Parts Water Treatment Plant 390 US-Load Cells-Parts WEIGH-RITE SCALE CO,INC Equipment Parts Water Enterprise Fund 48 US-Chamber Chlorine Parts JASPER ENGINEERING&EQUIPMENT Equipment Parts Water Treatment Plant 26 US-Lunch with R.Getschow BIAGGI'S RISTORANTE ITALIANO Miscellaneous Parks Administration 6 US-Mtg with Rep.Stensrud CARIBOU COFFEE Miscellaneous Parks Administration 5 US-Board Meeting MPLSPARKING.COM Mileage&Parking Community Development Admin. 135 US-Conference-Lori Kerns TWIN CITIES HUMAN RESOURCES AS Conference Expense Human Resources 95 US-Membership-Lori Kerns TWIN CITIES HUMAN RESOURCES AS Conference Expense Human Resources 220 US-Retirement Gift-R,Olson HALLMARK INSIGHTS Employee Award Organizational Services 20 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 952 US-January Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 480 US-January Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 800 US-January Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -45 US-January Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 95 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 9 US-Ice Rink Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Ice Rink#1 68 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 9 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 45 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 51 US-Pro-shop Vending SPORTS WORLD USA INC Merchandise for Resale Concessions 34 US-Café Food GREAT HARVEST BAKERY Merchandise for Resale Concessions 9 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 103 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 28 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 45 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 33 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 13 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Rink#1 Amount Explanation Vendor Account Description Business Unit 51 US-Gym Rackets TARGET Operating Supplies Community Center Admin 21 US-Café Food TARGET Merchandise for Resale Concessions 38 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 61 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 113 US-Pro Shop Vending SPORTS WORLD USA INC Merchandise for Resale Concessions 79 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 97 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 33 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 205 US-Café License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Concessions 394 US-EPCC Pool License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Pool Operations 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 40 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 3 US-Café Food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 106 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 122 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 77 US-Disc NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 9 US-Vacter Switch NAPA AUTO PARTS Equipment Parts Sewer System Maintenance 26 US-Shop Supplies FASTENAL COMPANY Repair&Maint.Supplies Sewer System Maintenance 55 US-Conference Dinner PERKINS Conference Expense Utility Operations-General 82 US-Shop Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 19 US-Meet and Greet PRAIRIE ALE HOUSE Conference Expense Economic Development 100 US-Foundation Event EDEN PRAIRIE FOUNDATION Conference Expense Economic Development 2,010 US-Website Error Service SITEIMPROVE,INC Other Contracted Services Communications 45 US-Camera Supplies BEST BUY Video&Photo Supplies Fire 43 US-Sunshine Fund BARNES&NOBLE Deposits Escrow 38 US-Lunch Mtg.J.Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Administration 38 US-Lunch Mtg.J.Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 60 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 2,778 US-Employee Serv.Awards HALLMARK INSIGHTS Employee Award Internal Events 219 US-Council WorkshopFood DAVANNI'S PIZZA Miscellaneous City Council 60 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 89 US-Commision Interviews CRUMB GOURMET DELI Miscellaneous City Council 39 US-Employee Award Plaques OFFICE DEPOT CREDIT PLAN Office Supplies Administration 238 US-Council WorkshopFood JASON'S DELI Miscellaneous City Council 60 US-Sunshine Fund FTD.COM Deposits Escrow 35 US-Barricade Repair Suppl HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 20 US-Barricade Repair Suppl OFFICEMAX CREDIT PLAN Repair&Maint.Supplies Storm Drainage 5 US-Barricade Repair Suppl OFFICEMAX CREDIT PLAN Repair&Maint.Supplies Storm Drainage 36 US-Barricade Torch MENARDS Repair&Maint.Supplies Storm Drainage 37 US-Barricade/Tools MENARDS Repair&Maint.Supplies Storm Drainage 191 US-Motel-Water School HOLIDAY INN Travel Expense Utility Operations-General 191 US-Motel-Water School HOLIDAY INN Travel Expense Utility Operations-General 191 US-Motel-Water School HOLIDAY INN Travel Expense Utility Operations-General 10 US-Mtgw/Arts/CultureComm JJ'S COFFEE COMPANY&WINE BAR Miscellaneous Recreation Admin 201 US-Staff Resource Materials LIVE DYNAMITE Operating Supplies Recreation Admin 59 US-Gold Medal Award Appl UPS STORE,THE Postage Recreation Admin 90 US-Officers Training BUCA Operating Supplies Fire 200 US-Paint Diffuser Parts QUICK TURN POWDER COATING INC Equipment Repair&Maint Water System Maintenance 134 US-Water School Dinner GRANITE CITY FOOD&BREWERY Travel Expense Utility Operations-General 123 US-Office Supplies/Book OFFICEMAX CREDIT PLAN Office Supplies Water Treatment Plant 175 US-MRWA Conf-M.Albert MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Utility Operations-General 15 US-Dinner-Water School PERKINS Tuition Reimbursement/School Utility Operations-General 40 US-Dinner-Water School(3) OLD COUNTRY BUFFETT Tuition Reimbursement/School Utility Operations-General 162 US-Dinner-Water School(9) GRANITE CITY FOOD&BREWERY Tuition Reimbursement/School Utility Operations-General 286 US-Motel-Water School HOLIDAY INN Tuition Reimbursement/School Utility Operations-General 191 US-Motel-Water School HOLIDAY INN Tuition Reimbursement/School Utility Operations-General 26 US-Breakfast-Water School HOLIDAY INN Tuition Reimbursement/School Utility Operations-General 12 US-Supplies for Truck 708 MENARDS Repair&Maint.Supplies Sewer Liftstation 220 US-Const.Bulletin Renewal CONSTRUCTION BULLETIN Dues&Subscriptions Engineering 106 US-Small Grinder Repair HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 185 US-Work Shop Tools MENARDS Small Tools Park Maintenance 33 US-Teee Maintenance MENARDS Operating Supplies Park Maintenance 9 US-Mower Repair HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 165 US-Picnic Table Repair SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 106 US-Picnic Table Repair MENARDS Repair&Maint.Supplies Park Maintenance 702 US-Picnic Table Repair MENARDS Repair&Maint.Supplies Park Maintenance -359 US-Returned Lumber MENARDS Repair&Maint.Supplies Park Maintenance 250 US-Homeland Security Conf GOVERNMENT TRAINING SERVICE Tuition Reimbursement/School Police 135 US-Mailbox-Crescent Ct MAILBOX I EXCHANGE Operating Supplies General Fund 15 US-Welding Shop Tool HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 250 US-Mailbox Posts WHITEHALL PRODUCTS Equipment Repair&Maint Water System Maintenance 29 US-Mailbox Posts WHITEHALL PRODUCTS Equipment Repair&Maint Water Enterprise Fund Amount Explanation Vendor Account Description Business Unit 130 US-Lift Station Storage Bins MENARDS Repair&Maint.Supplies Sewer Liftstation 167 US-HVAC Parts SPRUNG TRAINING SYSTEM/SERVICE Operating Supplies Facilities Staff 99 US-HVAC Parts WATER HEATERS ONLY LLC Repair&Maint.Supplies Riley House 4 US-Art Class Glue MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 117 US-Office Ink OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 6 US-Buckets for Glaze HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 150 US-Performance Rights DRAMATIC PUBLISHING Operating Supplies Theatre Initiative 128 US-Easel Extensions BLICK ART MATERIALS Operating Supplies General Fund 9 US-Parking UNIVERSITY OF MINNESOTA Mileage&Parking Arts Center 33 US-Volunteer Tracking Sery VOLGISTICS Other Contracted Services Recreation Admin 18 US-Theater Scripts DRAMATIC PUBLISHING Operating Supplies Theatre Initiative 20 US-Clay Camp Snacks RAINBOW FOODS INC. Operating Supplies Arts Center 17 US-Paint Brushes BLICK ART MATERIALS Operating Supplies Arts Center 29 US-Hair Dryers WALGREEN'S#5080 Operating Supplies Community Center Admin 632 US-Ink&Membership Cards TRANSACT TECHNOLOGIES,INC. Office Supplies Community Center Admin 23 US-Reimbursed-Personal TARGET Deposits Escrow 237 US-Locker Room Hair Dryers AMAZON.COM Operating Supplies General Fund 93 US-Sheets for Capes TARGET Operating Supplies Birthday Parties 75 US-T-shirts for Parties MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 5 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 11 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties -34 US-Credited Tax Charge PRICEWATERHOUSECOOPERS LLP Dues&Subscriptions Assessing 185 US-Wkshop/Test-D.Buswell MAAO Conference Expense Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues MAAO Dues&Subscriptions Assessing 10 US-Renew Spray License DEPARTMENT OF AGRICULTURE Licenses,Permits,Taxes Street Maintenance 7 US-Pkg-Tree/Turf Seminar MPLSPARKING.COM Conference Expense Park Maintenance 8 US-Clips HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 17 US-Critter Supplies&Food PETCO Operating Supplies Outdoor Center 83 US-Gas for Trip P J'S Program Trips Outdoor Center 16 US-Critter Supplies&Food PETCO Operating Supplies Outdoor Center 89 US-Priaire Fest Regathering PIZZA HUT Operating Supplies Youth Programs Admin 15 US-WILS Profess.Develop. HOLIDAY STATION STORES INC Operating Supplies Youth Programs Admin 20 US-Emplooyee Giftcard WALGREEN'S#5080 Operating Supplies Skating Rinks/Warming Houses -2 US-Refund US BANK Deposits Escrow 22 US-WILS Meeting Fee WOMEN IN LEISURE SERVICES Operating Supplies Youth Programs Admin 157 US-Camps/Prg Resources AAHPERD Operating Supplies General Fund 45 US-Disney on Ice TARGET CENTER Special Event Fees Special Events&Trips 45 US-Disney on Ice TARGET CENTER Special Event Fees Special Events&Trips 51 US-Around Town Program TARGET Operating Supplies SC-Around Town 17 US-Around Town Program TARGET Operating Supplies SC-Around Town -13 US-Around Town Program TARGET Operating Supplies SC-Around Town 22 US-Adaptive/General Suppl TARGET Operating Supplies Therapeutic Rec Admin 49 US-Saturday Night Out TARGET Operating Supplies SC-Saturday Night Out 30 US-Instructor Training SILVERSNEAKERS FITNESS PROGRAM Tuition Reimbursement/School Fitness Classes 30 US-Instructor Training SILVERSNEAKERS FITNESS PROGRAM Tuition Reimbursement/School Fitness Classes 3 US-Group Fitness Equip. POWER SYSTEMS Operating Supplies Fitness Classes 36 US-Group Fitness Equip. POWER SYSTEMS Operating Supplies Fitness Classes 73 US-Lesson Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Pool Lessons 250 US-Body Pump-MonthlyFee SCW FITNESS Licenses,Permits,Taxes Fitness Classes 250 US-FTO Supervision Train. ATOM Tuition Reimbursement/School Police 43 US-Dept Training GINA MARIAS INC Training Supplies Police 179 US-Superviosr Team Bldg. FRED PRYOR SEMINARS Tuition Reimbursement/School Police 602 US-Airfare-E.African Conf. DELTA AIR Tuition Reimbursement/School Police 602 US-Airfare-E.African Conf. DELTA AIR Tuition Reimbursement/School Police 20 US-Agent Fee DELTA AIR Tuition Reimbursement/School Police 20 US-Agent Fee DELTA AIR Tuition Reimbursement/School Police 675 US-Training NTOA Tuition Reimbursement/School Police 675 US-Training NTOA Tuition Reimbursement/School Police 98 US-Charge to be Credited MARRIOTT HOTELS Deposits Escrow -98 US-Credit MARRIOTT HOTELS Deposits Escrow 25 US-Electronic Device Train. PATC Tuition Reimbursement/School Police 69 US-Confer.Call Software WEBEX COMMUNICATIONS Computers IT Operating -115 US-Training Credit ANOKA TECHNICAL COLLEGE Conference Expense IT Operating -115 US-Training Credit ANOKA TECHNICAL COLLEGE Conference Expense IT Operating 1 US-Plug-Hydrant Truck MENARDS Repair&Maint.Supplies Water System Maintenance 7 US-Spray Paint HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 69 US-Paint for Locker HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 279 US-HydrantTruck HoseReel NORTHERN TOOL&EQUIPMENT Equipment Parts Water System Maintenance 31 US-Small Tools NORTHERN TOOL&EQUIPMENT Small Tools Water System Maintenance 30,618 Report Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. City Council Reader's Digest Donation Requested Action Move to: Accept the donation from Readers Digest in the amount of$1,000. Synopsis The Reader's Digest"We Hear You America"made a stop at City Center on April 13 to present a$1,000 "stimulus"to the City.Reader's Digest hit the road for a 100-city RV tour on a journey designed to showcase the "Best in America" in January. The cross-country trek is taking the RV through 100 towns in 100 days, providing promotional and financial stimulus to help cities counter the quality of life cuts triggered by the economic downturn. CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager April 19, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Rick Getschow, Office of the Earl Willford Labor Management City Manager Cooperation and Partnership Award Requested Action No Action Requested. This is an information item. Synopsis On Wednesday, April 13, the City of Eden Prairie received the Earl Willford Labor Management Cooperation and Partnership Award. Each year the Twin City Area Labor Management Council (TCLMC)presents this award at their annual meeting. This Award is named to honor the memory and work of Earl Willford, who was the Director of the Twin City Area Labor Management Council Labor Management Programs at the Minnesota Bureau of Mediation Services. At the Council meeting I will provide a brief summary of the award we have received for this year. CITY COUNCIL AGENDA DATE: April 19, 2011 SECTION: Report of the Community Development Director DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Janet Jeremiah, Community Approve the Modification of the Housing Rehab Development Director Loan Repayment Agreement Jeanne Karschnia Housing and Community Services Requested Action Move to approve the modification of the Housing Rehab Loan Repayment Agreement, which eliminates the 5% interest rate. Background For over 20 years the City's Housing Rehab Loan program included a 5% simple interest rate which accrued for a p eriod often years. S taff is recommending eliminating the interest as it is no longer competitive and may b e stifling homeowner p articipation b ecause lower interest rates are available elsewhere. A lso, t he value of t he r epairs a nd i mprovements ( e.g., new r oof s hingles)t end t o depreciate over time, while th e interest results i n a hi gher r epayment than the cost of the original rehabilitation. The Rehab Loan Program utilizes federal CDBG funds and repayments from previous loans. There are currently 72 rehab loans open. O f those, 15 no longer accrue interest. The remaining 57 would cease accruing interest as of the date of Council action. Rehab loan holders would be notified of the change i n the t erms and as ked t o s ign a 1 oan m odification s tatement. T he R epayment A greement would be modified to eliminate the accrual of interest. Future loans would not be subject to interest. A comparison of rehab loan programs: Housing Rehabilitation Loan Programs Maximum Interest Forgivable Eden Prairie $30,000.00 5% No Minnetonka $20,000.00 0% Yes/10yrs Plymouth $20,000.00 0% Yes/20yrs Bloomington $35,000.00 5% No Richfield $30,000.00 0% No Woodbury $25,000.00 3% No St Louis Park $20,000.00 0% Yes/15yrs Attachments: Updated Agreement Modification Document CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED LOAN PROGRAM REPAYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between (hereinafter referred to as "Borrower"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as "Lender"). WHEREAS, Lender has loaned to Borrower by paying ($ ) dollars, on Borrower's behalf as a loan for rehabilitation work on existing residential housing owned and occupied by Borrower(hereinafter referred to as "the loan"), the receipt and sufficiency of which is hereby acknowledged by Borrower,primarily to improve the conditions relating to health, safety, and energy efficiency of said housing, or to provide essential accessibility improvements, said real estate being legally described in Exhibit A attached; and WHEREAS, in accordance with the provisions of said Minnesota Statutes, Borrower and Lender desire to set forth herein the provisions for Borrower's repayment of the Loan, and to provide for securing said repayment with a mortgage on the property described below(hereinafter referred to as "the Lien"). NOW, THEREFORE, in consideration of said Loan and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1 1. Borrower covenants and agrees with Lender to pay to the order of Lender the principal sum of the Loan, at the office of the Lender, or at such other place as Lender may designate in writing delivered or mailed to the Borrower,upon the occurrence of any of the following events: a. If the real estate hereinafter described is sold,transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, either while the Borrower is living or by reason of the death of the Borrower(excluding the transfer of said property by operation of law or devised to a surviving Borrower joint tenant or former tenant in common, for so long as s aid surviving Borrower j oint tenant, devisee or owner occupies said property as his or her principal place of residence; or b. If the real estate described below ceases for any reason to be the Borrower's principal place of residence. Repayment of the Loan as required under the terms of this paragraph 1 shall be made to Lender not later than the date of closing of the sale,transfer or other conveyance referred to in paragraph 1(a), above, or the date upon which the real estate ceases to be the Borrower's principal place of residence as provided in paragraph 1(b)thereof,whichever is earlier. Not withstanding anything in t his A greement t o t he c ontrary. B orrower a grees f o r epay t he principal sum of the loan on (the thirtieth anniversary date), unless Borrower and Lender agree in writing to extend the Loan and the Lien. 2. In a ddition to the principal sum of the 1 oan,B orrower agrees t o p ay interest if: (i) the Borrower i s i n de fault unde r a ny of t he terms a nd c onditions of t his a greement, (ii) breaches an y representations or covenants in this agreement, or(iii) if any representation or covenant made Borrower in connection herewith shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. Interest shall accrue on the unpaid balance of the loan from the date of the default until the loan is repaid in full. Simple interest at the rate of 5%per annum shall be charged. 3. Borrower represents and covenants with L ender t hat B orrower i s eligible for the Loan under the following conditions: a. The property described below is owned by and is the principal residence of the Borrower as of the date of the Loan, and the Borrower has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Borrower in said property to another; and b. The proceeds of the Loan will be used only for alterations,repairs, or improvements on or in connection with the property described below,primarily to improve the conditions relating to health, s afety, or energy e fficiency of the dwelling 1 ocated t hereon, or t o provide e ssential accessibility improvements thereto; and c. Borrower h as ma de n o ma terial mis statement o f f act in connection with Borrower's application for the Loan; and 2 d. Borrower specifically co venants an d ag rees w ith L ender t hat B orrower's b reach of the provisions of t his paragraph 3 c onstitutes an e vent requiring repayment of the Loan i n the manner provided in paragraph 1 and payment of interest in the manner provided in paragraph 2, and a n e vent of de fault pe rmitting foreclosure of t he L ien i n t he m anner pr ovided in paragraph 6. e. Borrower further specifically covenants that the representations and covenants set forth in or made pursuant to this Agreement will remain operative and in full force and effect, and shall survive de livery of and payment of the Loan, and s hall be binding upon a nd i nure t o the benefit of the Borrower and Lender and theirs successors and assigns. 4. As security for the Borrower's personal covenant and obligation for repayment as herein provided, and subject t o the terms and conditions oft his Agreement, B orrower hereby g rants, and the Lender s hall an d h ereby d oes h ave, a 1 ien o n t he r eal estate hereinafter described, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney's fees of collecting the same. The said real estate subject to said lien is situated in Hennepin County, Minnesota, and is legally described as Exhibit A attached. 5. Borrower shall give written notice to Lender 30 days prior to the date of the closing of any sale, transfer, or other conveyance of the property or the date upon which said property ceases to be the Borrower's principal place of residence. 6. In the event Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, or otherwise or in any way be in default under the terms and conditions of this Agreement,the Borrower confers upon the Lender the option of declaring all sums then owing by the Borrower immediately due and payable without notice and confesses judgement in said amount, and hereby authorizes and empowers the Lender to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby,with interest and all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law,which costs, charges and fees the Borrower herein agrees to pay. The Borrower and Lender further agree as follows: a. Borrower s hall be furnished a c onformed c opy of t his A greement a t the time of execution or after recordation. b. Upon de fault of a ny c ovenant or a greement by B orrower unde r t he t erms of this Agreement, L ender pr for t o foreclosure s hall m ail not ice t o B orrower a s pr ovided herein specifying (i) the nature of the default by the Borrower, (ii)the action required to cure such default, (iii) a date, if such default is capable of being cured by Borrower, not less then thirty(30)days from the date the notice is mailed to Borrower by which such default, if capable of being cured,must be cured; and(iv)that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Mortgage and sale of the mortgaged premises. 3 c. The notice s hall further i nform B orrower of t he r ight, i f a ny,t o r einstate of ter acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale. d. In addition to any notice required under applicable law to be given in another manner, (i) any notice of the Borrower provided for this Agreement shall be given by mailing such notice by certified mail addressed to the B orrower at the address of the liened premises, or at such other address as the Borrower may designate by notice in writing to the Lender as provided herein, and (ii) any notice to the Lender shall be given by certified mail, return receipt requested, to Lender at the address of the city on page one of t his A greement, or t o such of her a ddress a s L ender m ay de signate by notice in writing t o t he B orrower a s pr ovided he rein. A ny not ice pr ovided f or in this Agreement shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 7. Check one of the following: a. Borrower is the fee owner of the property described in Exhibit A. b. Borrower is purchasing the property described in Exhibit A by a contract for deed as the vendee. is the contract for deed vendor. The contract for deed vendor agrees to be bound by all of the terms and conditions contained in this Agreement. 8. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors,representatives, successors and assigns. Wherever used,the singular number shall include the plural, and the plural and singular. All covenants and agreements of the Borrower shall be joint and several. 9. In the event that any provision or clause of this Agreement shall conflict with applicable law, s uch c onflict s hall not a ffect the of her pr ovisions of t his A greement w hich c an be g iven effect without the conflicting pr ovisions, and t o this end the provisions of the Agreement are declared t o be severable. CITY OF EDEN PRAIRIE MAYOR, CITY OF EDEN PRAIRIE OWNER(S) CITY MANAGER, CITY OF EDEN PRAIRIE 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by . Notary Public Hennepin County,Minnesota My Commission Expires: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by . Notary Public Hennepin County,Minnesota My Commission Expires: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by as Mayor of the City of Eden Prairie and by as City Manager of the City of Eden Prairie. Notary Public Hennepin County,Minnesota My Commission Expires: 5 This instrument was drafted by: Gregerson, Rosow,Johnson&Nilan, LTD. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 (612) 338-0755 This instrument is exempt from registration tax under Section M.S. 287.04(f)of Minnesota Statutes. 6 CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED LOAN PROGRAM FIRST AMENDMENT TO REPAYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between (hereinafter referred to as "Borrower"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as "Lender"). WHEREAS, Lender has loaned to Borrower by paying ($ ) dollars, on Borrower's behalf as a loan for rehabilitation work on existing residential housing owned and occupied by Borrower(hereinafter referred to as "the Loan"), the receipt and sufficiency of which is hereby acknowledged by Borrower,primarily to improve the conditions relating to health, safety, and energy efficiency of said housing, or to provide essential accessibility improvements, said real estate being legally described in Exhibit A attached; and WHEREAS, Borrower and Lender desire to amend the Repayment Agreement dated (the "Repayment Agreement")to modify Borrower's obligation to pay interest. NOW, THEREFORE, in consideration of said Loan, the parties hereto do hereby agree as follows: 1 1. From and after April 19, 2011,no interest shall continue to accrue unless Borrower fails to repay the Loan or breaches any of the covenants of the Repayment Agreement. 2. Except as modified herein,the Repayment Agreement shall remain in full force and effect. CITY OF EDEN PRAIRIE By ITS MAYOR By OWNER(S) ITS CITY MANAGER STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by . Notary Public Hennepin County,Minnesota My Commission Expires: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on by . Notary Public Hennepin County,Minnesota My Commission Expires: 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before m e on by as Mayor of the City of Eden Prairie and by as City Manager of the City of Eden Prairie. Notary Public Hennepin County,Minnesota My Commission Expires: This instrument was drafted by: Gregerson, Rosow,Johnson&Nilan, LTD. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 (612) 338-0755 This instrument is exempt from registration tax under Section M.S. 287.04(f)of Minnesota Statutes. 1610.116-Housing Rehabilitation Program\Form Agreement\Housing Rehabilitation Deferred Loan Program-Eliminate Interest 2011 04 12 rev SBG.doc 3