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HomeMy WebLinkAboutCity Council - 04/16/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 16, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 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 Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. FARMERS MARKET (5:30-5:50) II. BEE KEEPING (5:50-6:10) III. AQUATICS UPDATE (6:10-6:30) Open Podium - Council Chamber IV. OPEN PODIUM V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 16, 2013 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 Robert Ellis, 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. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MY BOOK DAY PROCLAMATION B. CMS PARAPROFESSIONALS DAY PROCLAMATION C. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 5, 2013 C. SPECIAL COUNCIL MEETING HELD TUESDAY, MARCH 12, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HOOVERSON ADDITION by Orin&Patricia Hooverson.Second Reading of the Ordinance for Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres Location: 12151 Sunnybrook Road. (Ordinance for PUD District Review with waivers and Zoning District Change) CITY COUNCIL AGENDA April 16, 2013 Page 2 C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS D. ADOPT RESOLUTION APPROVING FINAL PLAT OF HOOVERSON ADDITION E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES F. APPROVE INSTITUTIONAL COMMUNITY WORK CREW PROGRAM AGREEMENT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2013 LAKE WATER QUALITY MONITORING PROGRAM H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTAINING THE RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ALLIED WASTE FOR THE ANNUAL CITY CLEAN UP J. APPROVE APPRAISED VALUES FOR CITY WEST PARKWAY ROUNDABOUT ACQUISITIONS AND APPROVE ACQUISITION OF PARCEL 10 K. AWARD CONTRACT TO ELECTRICAL INSTALLATION AND MAINTENANCE (EIM) FOR REPLACEMENT OF THE VARIABLE FREQUENCY DRIVE (VFD) AT WELL NO. 10 L. AWARD CONTRACT TO RICE LAKE CONSTRUCTION GROUP FOR UPDATING ELECTRICAL EQUIPMENT & CONTROLS FOR WELLS 3 & 4 M. ADOPT RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SOUTH SHADY OAK ROAD (CSAH NO. 61) IMPROVEMENTS AT THE TH 212 INTERCHANGE N. APPROVE 2012 UNBUDGETED FUND TRANSFERS O. ADOPT RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL P. APPROVE PURCHASE OF DUGOUT COVERS FOR THE BASEBALL FIELDS AT STARING LAKE PARK AND FRANLO PARK FROM H & B SPECIALIZED PRODUCTS CITY COUNCIL AGENDA April 16, 2013 Page 3 Q. ADOPT RESOLUTION APPROVING PURCHASE OF A TAX FORFEITED LAND PARCEL R. APPROVE A NEW 3-YEAR CONTRACT WITH XIGENT SOLUTIONS TO UPGRADE AND CONFIGURE NETAPP PRODUCTS IN THE STORAGE AREA NETWORK(SAN) S. APPROVE SERVICE AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES AND ADMINISTERING SHORT TERM DISABILITY AND FAMILY MEDICAL LEAVE ACT PROVISIONS T. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 57-49-12 WITH HENNEPIN COUNTY FOR MITCHELL/BAKER ROAD SIDEWALK U. APPROVE AGREEMENT WITH (IES) INDEPENDENT EMERGENCY SERVICES FOR 911 PHONE SYSTEM SERVICE V. APPROVE THE CLOSING DOCUMENTS FOR SPRINT NEXTEL RE- BANDING PROJECT IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS B. FIRST READING OF AN ORDINANCE DESIGNATING THE STARING LAKE OUTDOOR CENTER AS A HERITAGE PRESERVATION SITE C. FIRST READING OF AN ORDINANCE DESIGNATING THE GLEN LAKE CHILDREN'S CAMP PROPERTY AS A HERITAGE PRESERVATION SITE X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT (LRT) COMMUNITY ADVISORY COMMITTEE (CAC) XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Hennepin County Step to It Challenge CITY COUNCIL AGENDA April 16, 2013 Page 4 2. Mayor's Water Challenge (Resolution) B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 12, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 16, 2013 TUESDAY, APRIL 16, 2013 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. 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. MY BOOK DAY PROCLAMATION Members of the Eden Prairie Noon Rotary will be on hand to accept the proclamation. B. CMS PARAPROFESSIONALS DAY PROCLAMATION Members of the Eden Prairie Women of Today Club, which coordinates the CMS Paraprofessionals Day, will be on hand to accept the proclamation and make a few brief comments. 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. VI. MINUTES MOTION: Move to approve the following City Council minutes: ANNOTATED AGENDA April 16, 2013 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2013 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 5, 2013 C. SPECIAL COUNCIL MEETING HELD TUESDAY,MARCH 12, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-V on the Consent Calendar. A. CLERK'S LICENSE LIST B. HOOVERSON ADDITION by Orin& Patricia Hooverson.Second Reading of the Ordinance for Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres Location: 12151 Sunnybrook Road. (Ordinance for PUD District Review with waivers and Zoning District Change) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS D. ADOPT RESOLUTION APPROVING FINAL PLAT OF HOOVERSON ADDITION E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES F. APPROVE INSTITUTIONAL COMMUNITY WORK CREW PROGRAM AGREEMENT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR THE 2013 LAKE WATER QUALITY MONITORING PROGRAM H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTAINING THE RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ALLIED WASTE FOR THE ANNUAL CITY CLEAN UP J. APPROVE APPRAISED VALUES FOR CITY WEST PARKWAY ROUNDABOUT ACQUISITIONS AND APPROVE ACQUISITION OF PARCEL 10 ANNOTATED AGENDA April 16, 2013 Page 3 K. AWARD CONTRACT TO ELECTRICAL INSTALLATION AND MAINTENANCE (EIM) FOR REPLACEMENT OF THE VARIABLE FREQUENCY DRIVE (VFD)AT WELL NO. 10 L. AWARD CONTRACT TO RICE LAKE CONSTRUCTION GROUP FOR UPDATING ELECTRICAL EQUIPMENT & CONTROLS FOR WELLS 3 & 4 M. ADOPT RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SOUTH SHADY OAK ROAD (CSAH NO. 61)IMPROVEMENTS AT THE TH 212 INTERCHANGE N. APPROVE 2012 UNBUDGETED FUND TRANSFERS O. ADOPT RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL P. APPROVE PURCHASE OF DUGOUT COVERS FOR THE BASEBALL FIELDS AT STARING LAKE PARK AND FRANLO PARK FROM H & B SPECIALIZED PRODUCTS Q. ADOPT RESOLUTION APPROVING PURCHASE OF A TAX FORFEITED LAND PARCEL R. APPROVE A NEW 3-YEAR CONTRACT WITH XIGENT SOLUTIONS TO UPGRADE AND CONFIGURE NETAPP PRODUCTS IN THE STORAGE AREA NETWORK(SAN) S. APPROVE SERVICE AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES AND ADMINISTERING SHORT TERM DISABILITY AND FAMILY MEDICAL LEAVE ACT PROVISIONS T. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 57-49-12 WITH HENNEPIN COUNTY FOR MITCHELL/BAKER SIDEWALK U. APPROVE AGREEMENT WITH (IES) INDEPENDENT EMERGENCY SERVICES FOR 911 PHONE SYSTEM SERVICE V. APPROVE THE CLOSING DOCUMENTS FOR SPRINT NEXTEL RE- BANDING PROJECT IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS Official notice of this public hearing was published in the April 4, 2013,Eden Prairie News. ANNOTATED AGENDA April 16, 2013 Page 4 Synopsis: The proposed change is to allow more directional 20 acres + sites,permit 2 menu boards, eliminate the 300 foot distance between signs, and minor housekeeping items. The reasons for changes are as follows. • Large business campuses such as UHG have multiple buildings and driveways. • To respond to industry standard for double drive thru lanes • The code is too restrictive on small commercial properties with multiple street frontages. • Some minor housekeeping items including permit advertising on directional sign, permit electronic changing of menu board messages, one temporary sign per street frontage, double face sign spacing from 18-36 inches, no setback for signs in Town Center This item was presented to the Chamber Government Committee on February 19, 2013. The committee thought the changes were good for business. The Planning Commission voted 6-0 to recommend approval of the project at the February 25, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of Ordinance amendment to City Code Chapter 11 , Section 11 .70 relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11 .99 which, among other things, contain penalty provisions. B. FIRST READING OF AN ORDINANCE DESIGNATING THE STARING LAKE OUTDOOR CENTER AS A HERITAGE PRESERVATION SITE Official notice of this public hearing was published in the April 4, 2013,Eden Prairie News and sent to 11 property owners. Synopsis: This is a public hearing about to designating the Staring Lake Outdoor Center as a Heritage Preservation Site. The Heritage Preservation Commission held a public hearing on March 18, 2012 for the designation. The commission voted 4-0 to recommend approval of the designation. MOTION: Move to: • Close the Public Hearing; and • Adopt 1st reading of an Ordinance to Designate the Staring Lake Outdoor Center as a Heritage Preservation Site. ANNOTATED AGENDA April 16, 2013 Page 5 C. FIRST READING OF AN ORDINANCE DESIGNATING THE GLEN LAKE CHILDREN'S CAMP PROPERTY AS A HERITAGE PRESERVATION SITE Official notice of this public hearing was published in the April 4, 2013,Eden Prairie News and sent to 63 property owners. Synopsis: This is a public hearing about to designating the Glen Lake Children Camp as a Heritage Preservation Site. The Heritage Preservation Commission held a public hearing on March 18, 2013, for the designation. The commission voted 4-0 to recommend approval of the designation. MOTION: Move to: • Close the Public Hearing; and • Adopt 1st reading of an Ordinance designating the Glen Lake Children's Camp as a Heritage Preservation Site. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LIGHT RAIL TRANSIT (LRT) COMMUNITY ADVISORY COMMITTEE (CAC) Synopsis: Matt Fyten, who was appointed in 2012 as the Planning Commission representative to the CAC, has resigned his position on the Planning Commission. Lechelt will be the new Planning Commission representative on the CAC. MOTION: Move to appoint Catherine Lechelt as the Planning Commission representative to the Southwest LRT Community Advisory Committee (CAC). XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Hennepin County Step to It Challenge 2. Mayor's Water Challenge (Resolution) Synopsis: The City won first place for the Midwest region in the 2012 Mayor's Challenge for Water Conservation. The attached resolution is a commitment from the City of Eden Prairie to once again support water ANNOTATED AGENDA April 16, 2013 Page 6 conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30, 2013. MOTION: Move to adopt the resolution supporting the Mayor's Challenge for Water Conservation. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. Proclamation My Book Day Literacy Program WHEREAS, the My Book Day Literacy Program's goal is to promote reading proficiency and achievement through community partnerships; and WHEREAS, the first My Book Day was held in 2006 at Forest Hills Elementary School; and WHEREAS, the My Book Day Literacy Program has grown to include all first graders at all Eden Prairie elementary schools; and WHEREAS, the My Book Day Literacy Program's major sponsor is the Eden Prairie Noon Rotary Club, with the support of Hennepin County Library, the City of Eden Prairie, the Eden Prairie Schools, the Friends of the Eden Prairie Library and the Foundation for Eden Prairie Schools; and WHEREAS, six new books are delivered to each first grade classroom in February, and are read to the children; and WHEREAS, in March each student selects the one book they want for their own; and WHEREAS, in March and April each first grade classroom visits the Hennepin County Library for a tour of the facility; and WHEREAS, in May all first graders visit City Center for a celebration of reading at which each child receives their own personalized book, hears stories read by volunteers, and receives their own Hennepin County Library card. NOW, THEREFORE, the Eden Prairie City Council declares May 9, 2013, as My Book Day Literacy Program day in the City of Eden Prairie. Nancy Tyra-Lukens, Mayor ITEM NO.: IV.B. PROCLAMATION Recognizing Central Middle School's Special Education Paraprofessionals City of Eden Prairie Hennepin County, Minnesota WHEREAS, there are 23 Special Education Paraprofessionals at Central Middle School; and WHEREAS, CMS Paraprofessionals are enthusiastic, well-prepared professionals who make an enormous difference in the efficiency of each child's classroom and the implementation of their IEP; and WHEREAS, CMS Paraprofessionals perform many duties both individually with students and organizationally in the classroom; and WHEREAS, parents of special needs children at CMS know that their child will be safe, and treated kindly, compassionately and with respect; and WHEREAS, CMS Paraprofessionals work with students with a wide variety of disabilities one-on-one in the least restrictive environment to allow students to maximize their educational potential and prepare them to be independent learners; and WHEREAS, CMS Paraprofessionals coach students using a number of assistive technologies and inclusion classroom strategies to help each student prepare for their future. NOW, THEREFORE, the Eden Prairie City Council proclaims that May 2, 2013, as Central Middle School Special Education Paraprofessional Day. ADOPTED by the Eden Prairie City Council on April 16, 2013. Nancy Tyra-Lukens, Mayor ITEM NO.: IV.C. 1 f . PROCLAMATION ARBOR DAY - April 27, 2013 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 observe d 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 April 27, 2013, 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 16, 2013. Nancy Tyra-Lukens rL- .,k1/4 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 5, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 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 Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Council Members Case and Nelson were absent. I. GREEN MIDMARKET NEIGHBORHOOD Presentation Planning Intern Farveh Makhssous, Economic Development Director David Lindahl, Housing& Community Services Manager Molly Koivumaki and Community Development Director Janet Jeremiah gave a presentation on the proposed green mid-market neighborhood development. Jeremiah said this project was included in the strategic plan for housing and economic development that the City Council approved in 2012. The goal of the project is to create a green mid-market neighborhood by employing best practices to achieve a model for sustainable and livable communities. The project location is an 8-acre remnant from construction of Highway 212 at the southwest corner of County Road 4 and Scenic Heights Road. During the strategic planning process, the City Council discussed purchasing this parcel, issuing an RFP for the development, and selling the parcel to the developer with the best design as determined by the City. Jeremiah said the parcel is currently valued at $950,000,which could come from the economic development fund or other sources. Economic development fund dollars are currently allocated to other projects that have longer timelines. The intent would be to replace the economic development funds used for purchase of the land by reselling the land to a chosen developer. A subsidy could be requested. Jeremiah said developer eligibility requirements are categorized into minimum and desirable criteria and will include: • Demonstrated knowledge or implementation of green design standards in neighborhood and building design with other creative design experience desirable • Demonstrated experience developing housing with mid-market housing experience desirable; experience with commercial if proposed for the corner City Council Workshop Minutes March 5, 2013 Page 2 • Proven ability to obtain financing with grants and gap financing experience desirable • Proven ability to work with City staff and adjacent neighborhoods Jeremiah said that although green measures will be required in the design, LEED certification will not be required. Makhssous outlined the green development criteria that will be encouraged in proposals: Smart Location and Linkage • Location • Cycling facilities • Job and housing proximity Neighborhood Pattern and Design • Walkable streets • Compact development • Neighborhood connections • Parking and transportation demand • Community participation Green Infrastructure and Buildings • Green construction techniques • Energy efficiency and conservation • Energy production and distribution • Water efficiency and conservation • Stormwater and wastewater management • Green building process • Heat islands • Recycling and reuse • Light pollution Koivumaki reviewed the criteria for mid-market housing: • Housing options at costs affordable to households that fall between 80% and 120% of area median income ($82,300) • Home prices should range between $240,000 and $360,000 Jeremiah said other options such as neighborhood commercial and multi-generational housing will be considered. Developers must also include information on how they plan to include community participation in the process before and during development. Jeremiah also reviewed"exit strategies,"in the event the development does not work out. She said the City has the option to reject all proposals if no qualified developers submit proposals, if designs are not acceptable, or if proposed subsidies are too high. The City may also choose not to execute sale of the property to the developer if the development does not receive City City Council Workshop Minutes March 5, 2013 Page 3 approval or if the development does not receive financing. Jeremiah said next steps include: the RFP will be released in early March if property information is available from MNDOT, then a pre-proposal meeting would be held and proposals would be due by April 8 at the earliest. In that case, Staff would be ready to present a developer and contingent purchase agreement for City Council consideration at their May 21 or June 4 meeting. The exact schedule will be determined by MNDOTs release of the property documents. Discussion Mayor Tyra-Lukens asked what the density of the neighborhood would be. Jeremiah said it is expected to be about the same as the surrounding neighborhood, which is zoned Single Family—9.5. If all of the new units are single family, the site will accommodate about 25 to 30 homes. Jeremiah asked if the Council was open to the idea of modifying the RFP to allow consideration of some attached housing at the corner with single-family adjacent to the existing neighborhood. The Council was open to that modification to the RFP. Council Member Aho said some of the criteria, such as reuse of treated wastewater, do not seem feasible. Jeremiah agreed that not all of the suggested criteria will be possible, which is why staff is not pursuing LEED certification. She said the goal is for developers to incorporate as many green features as possible. Council Member Aho said he hopes the criteria are not so stringent that they scare away developers. Butcher Wickstrom said she thinks this kind of neighborhood is the future. She would like to see as many criteria incorporated as possible. Jeremiah said four developers have already expressed interest. Mayor Tyra-Lukens said she would like as little time as possible between the City's purchase of the property and the sale to the developer. She also wants the adjoining neighborhoods brought into the process early. She also asked how the developer will be held to actually accomplishing what they propose. Jeremiah said the purchase agreement and developer's agreement would be contingent on that. Aho asked why the land cannot be sold directly from MNDOT to the developer. Jeremiah said direct sale to the developer was considered, but the City would have to pass an ordinance to guide the development and time has been an issue. Jeremiah said developers might be reluctant to purchase land zoned for green development in case they might not be able to meet the requirements. If the City purchases the land, the City can control the process. Aho also asked why we are doing this type of"model" development, when the City is already 98 percent built out. Lindahl said the neighborhood could serve as model for redevelopment. Jeremiah said this neighborhood will create diversity in housing and provide green living opportunities, and possibly lifecycle housing, all of which are goals of the Comprehensive and strategic plans. Butcher Wickstrom said the Council has talked a lot about encouraging innovation, and this is one way of putting that into action. She said the benefits outweigh the risks. Mayor Tyra-Lukens said she wants to be clear that the City is not becoming land developers. It would be preferable if purchase by the City could be delayed until after responses to the RFP are received so we know a developer can be found. City Council Workshop Minutes March 5, 2013 Page 4 Open Podium - Council Chamber II. OPEN PODIUM Stacy Bettison said she is a resident of the neighborhood near the United Health Group site on Shady Oak Road. She said she is concerned about the design of the southern segment of Shady Oak Road, and would like assurance that it will match the design of the northern segment and not the portion that lies in Minnetonka. She said the neighborhood has not been involved in the process lately. She said they have asked for an air quality baseline,but have not heard back on that. Deb Spalbeck also addressed the Council on concerns about the UHG development. She said Eden Prairie is benefitting from the presence of UHG,but she does not think the neighborhood should have to shoulder the entire burden. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 5, 2013 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: City Manager Rick Getschow, Public Works Director Robert Ellis, 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 Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE READS UPDATE Jody Russell, representing Eden Prairie Reads, said each year their committee selects one book to read as a community and then devises programs that correlate with the book selection. This year they selected an anthology of ten short stories. The programs they have planned include an event in April where a local author will give a free class on reading and writing a short story. They also plan to start a new program, Eden Prairie Writes, and will solicit short stories from anyone in the community. Reading guides are available online at their website, epreads.org. Tyra-Lukens commented it is really exciting to see the committee mix up the selection this year and provide some new programming around the selection. B. MPCA CLOSED LANDFILL PROJECT UPDATE Pat Hanson, representing the MPCA, said they came before the Council last year to explain their plan to remediate the closed landfill. They expected to begin the construction last summer but the funding did not come through. They now have enough funding to start with the same design as they proposed last year. They met with the Watershed District and received a permit and are working with the FAA and MAC on some issues. They held a public meeting in February to discuss the CITY COUNCIL MINUTES March 5, 2013 Page 2 remediation plans. He gave a PowerPoint presentation of the $17,000,000 project. The project is currently out for bid. Bids will be opened this Thursday, and they plan to start construction on May 1. The project will require two construction seasons with major construction through the fall of 2014. He reviewed the 1994 Closed Landfill Program(CLP) and the issues that prompted the remediation project. Peter Tiffany, CLP engineer, reviewed the plans for the final design of the landfill and the process that will be done in stages to remove the soil covering, excavate and move the waste, install a new gas extraction system, and cover the waste in its new location. He said residents of the Homeward Hills neighborhood expressed concerns about odors and trash blowing into their neighborhood. He explained the gas extraction system and noted only 1/3 of the site will have waste exposed at one time. Butcher Wickstrom asked about the possibility of the seams breaking open. Mr. Tiffany said the seaming process they use melts the seams together. The plastic used is very tough and functions much better than clay. Butcher Wickstrom thought the seams in the plastic would be the most likely vulnerability for breaking and asked if they planned to monitor it. Mr. Tiffany said there would be indications of a break or seam failure as a gas leak would cause an area of grass kill. They would then repair the tear in the plastic. Butcher Wickstrom asked if there will be funds to come back and do any repairs required. Mr. Tiffany said they have an operating budget for the CLP program each year, and this landfill would be covered under that budget. They also have recovered some insurance money for the landfill. Butcher Wickstrom asked what the expectations are regarding the odors when the landfill sections are uncovered. Mr. Tiffany said there will be odors at times,but the Homeward Hills area is much further away from the landfill than other projects that have been remediated like this. Butcher Wickstrom asked what the odors will be like. Mr. Tiffany said there will be odors, dust and litter,but they will have two water trucks to help control the dust. They require the contractor to keep after the litter whenever necessary and will work with the neighbors to allow the contractor to come on their property and retrieve any trash that blows away from the landfill. Butcher Wickstrom asked if the project will take two years. Mr. Tiffany said it will take a little over two years to complete. Butcher Wickstrom noted we have to keep in mind it will be an improvement over what we currently have. Nelson asked if the entire funding needed for the project is available. Mr. Hanson said the MPCA has made this a priority and the money is available from a variety of sources. Nelson was concerned that the project would get stuck when it is half done because the funding was not available. She asked if they will work during the winter. Mr. Hanson said they normally work up to the first week of January and then start again after the weather breaks in March. Nelson asked where the leaking groundwater is going. Mr. Hanson said there is no liner under the landfill, and the main plume is going directly from the landfill to the CITY COUNCIL MINUTES March 5, 2013 Page 3 Minnesota River. He noted there are well restrictions in the area. Nelson asked if this poses a hazard to the neighborhood. Mr. Hanson said the water there meets the groundwater standards. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 19, 2013 MOTION: Nelson moved, seconded by Butcher Aho, to approve the minutes of the Council workshop held Tuesday, February 19, 2013 as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, February 19, 2013 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-34 APPROVING THE FINAL PLAT OF RILEY VIEWS C. AWARD CONTRACT FOR FINANCE DEPARTMENT REMODELING PROJECT TO DIVERSIFIED CONSTRUCTION D. ADOPT RESOLUTION NO. 2013-35 AMENDING RESOLUTION 977, APPOINTING THE HISTORICAL SOCIETY THE CITY'S AGENT FOR THE HISTORICAL PROGRAMMING AND APPROVE SECOND RESTATED AND AMENDED LEASE AGREEMENT E. ADOPT RESOLUTION NO. 2013-36 GRANTING A 24-MONTH EXTENSION TO THE DEVELOPER'S AGREEMENT WITH LIBERTY PROPERTY TRUST (EDEN POINTE PARKING EXPANSION) MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-E on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES March 5, 2013 Page 4 IX . PUBLIC HEARINGS /MEETINGS A. RESOLUTION NO. 2013-37 APPROVING ALLOCATION OF 2013 CDBG FUNDS Jeremiah said the exact amount of the 2013 Community Development Block Grant (CDBG) allocation funds has not yet been determined by HUD. The decision tonight regarding the amounts allocated to the various activities would be made with the understanding there is some flexibility in the numbers. If there is a difference in the final amount, the Housing Rehabilitation Deferred Loan Program would be adjusted up or down to make up the difference. She noted the applicants are the same as last year. The Human Services Review Committee reviewed the 2013 CDBG proposals after reviewing last year's performance. Nelson said at one point there was money included for the Women's and Children's Shelter on the list. Jeremiah said that is now part of the Police Department's annual budget. Tyra-Lukens asked if each allocation would be adjusted by the same percentage if the total funding levels change. Jeremiah said the adjustments would be made out of the Housing Rehabilitation Deferred Loan program funds. Marcie Harris, representing the CAPSH program, thanked the Council for their support for the past six years for their car repair program. Last year they were able to assist ten households with car repairs and thus keep people able to go to work. Terry Johnson, representing Independent School District 272, said the Kids' Adventure program serves 235 children. She appreciated the support provided for the child care subsidy. Rob Kolar, representing the Southdale YMCA, thanked the Council for the child care subsidies that allow over 40 families to participate in the program year round. Jeanne Karschnia read letters from Kitty Engle, Director of the HOME program, and Anne Harnack, PROP Director, thanking the Council for the CDBG funding support. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2013-37 approving the use of 2013 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 4-0. Tyra-Lukens noted the CDBG funds come from the Federal government, not from Eden Prairie. B. RESOLUTION NO. 2013-38 APPROVING LAYOUT FOR SOUTH SHADY OAK ROAD IMPROVEMENTS Getschow said this project is the next phase of improvements to Shady Oak Road related to the United Health Group (UHG) construction project. Official notice of this CITY COUNCIL MINUTES March 5, 2013 Page 5 public hearing was published in the February 21, 2013,Eden Prairie News and sent to 850 property owners. Randy Newton, City Engineer, gave a PowerPoint overview of the layout and details of the improvements. He said the UHG project was the catalyst for the project. They have hosted three open houses and have a website devoted to the project. In addition they sent out multiple mailings and met with individual property owners. He noted one of the frequent neighborhood requests was for a signal light on Rowland Road; however, staff determined the traffic volumes are not high enough to warrant a signal light at that location. Attendees at the neighborhood meetings were shown two options for construction of the TH212 interchange. One option included full closure of the bridge during construction while the other option was for a staged construction with part of the bridge open at all times. They received mixed feedback on those two options. Newton said MnDOT has approved the layout. Staff is coordinating the project with the proposed Southwest Light Rail Transit line (SWLRT). He noted there will be multi-use trails on both sides of Shady Oak Road. He reviewed the funding for the $31,700,000 project. The final design plans for the project will be completed in one year. Construction could start in mid-2014 and will take approximately 18 months to complete. He said the development schedules for the SWLRT and UHG will affect the construction timing. Tyra-Lukens noted the construction will expand into what is now green space and will require retaining walls. She asked Mr. Newton for a sense of how many trees and how much greenery will be taken and how much realistically can be replaced given the constraints of the project.Newton said there are about 100 trees that will be impacted. They plan to balance off the number of trees replaced with other plantings. He noted there is more area of green space on either side of the interchange and more trees can be added there. They plan to meet the standard tree replacement guidelines. Tyra-Lukens asked what the impact of the project will be on the Shady Oak Park and Ride. Newton said Southwest Transit has said they are slowly phasing out that facility and would expect to close it with the start of this project. Tyra-Lukens asked what is going to happen to the park and ride. Newton said the LRT will be going through a portion of the property, and there may be a need to put a small pond there. It is also a good location for additional trees. Tyra-Lukens asked how many employees and parking spots are at the ShopNBC facility. Newton was not sure how many employees work there. They have three access points to the facility today, and the western most access point will probably be moved to the middle one. After the construction there will be two functioning access points. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2013-38 approving Layout No. 2A for the CITY COUNCIL MINUTES March 5, 2013 Page 6 South Shady Oak Road(CSAH No. 61) improvements at the TH 212 Interchange. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO CONVENIENCE GAS REGULATIONS IN ALL COMMERCIAL ZONING DISTRICTS Getschow said in January the City Council approved the creation of a new Airport Commercial Zoning District which included some enhanced standards for convenience gas stations. This item is an ordinance to amend the code to add those regulations to all commercial zoning districts in Eden Prairie. The Planning Commission voted 7-0 to recommend approval of the code change at the February 11, 2013, meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance amending City Code Section 11.03 relating to convenience gas regulations in all commercial zoning districts, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Getschow said last Tuesday the Council interviewed candidates for our boards and commissions. There were more applicants than we had openings, but we were able to find a place for most of those who applied. The terms for the new commission members will begin on April 1. There will be an orientation for new commission members and liaisons at the end of this month. MOTION: Aho moved to appoint to the Conservation Commission Laura Jester, Greg Olson and Prashant Shrikhande to terms ending March 31, 2016; Butcher Wickstrom moved to appoint to the Heritage Preservation Commission Deb Paulson with a term ending March 31, 2014 and Pamela Spera and Mark Frieberg with terms ending March 31, 2016; Tyra-Lukens moved to appoint to the Human Rights and Diversity Commission Sandra Filardo with a term ending March 31, CITY COUNCIL MINUTES March 5, 2013 Page 7 2015 and Jennifer Buckland, Sana Elassar and Connie Iacovelli with terms ending March 31, 2016;Nelson moved to appoint to the Parks, Recreation and Natural Resources Commission Mary Helena Moreno with a term to end March 31, 2014 and Debra McBride, Michael Balaen and Larry Link with terms ending March 31, 2016; Aho moved to appoint to the Planning Commission Ann Higgins and Mary Egan with terms ending March 31, 2016. Seconded by Butcher Wickstrom. Motion carried 4-0. B. BOARD OF APPEAL AND EQUALIZATION Getschow said since 1992 we have had a Board of Appeal and Equalization that hears from the public regarding our property valuations. We have appointed very knowledgeable people in the real estate business to the Board. The Board members have attended training sessions. MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint to the Board of Appeal and Equalization Jim Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd L. Walker for the period of March 15, 2013 through May 31, 2013, or until the Board of Appeal and Equalization completes its work. Motion carried 4-0. C. CHAIRS AND VICE CHAIRS OF COMMISSIONS MOTION: Nelson moved to appoint Greg Olson, Chair, and Kurt Lawton, Vice Chair, of the Conservation Commission; Tyra-Lukens moved to appoint Ed Muehlberg, Chair, and Cindy Evert, Vice Chair, of the Heritage Preservation Commission; Butcher Wickstrom moved to appoint Laura Kaczmarek, Chair, and PG Narayanan, Vice Chair, of the Human Rights and Diversity Commission; Aho moved to appoint Hutch Coburn, Chair, and Larry Link, Vice Chair, of the Parks, Recreation and Natural Resources Commission; and Nelson moved to appoint Jon Stoltz, Chair, and Jacob Lee, Vice Chair, of the Planning Commission. Seconded by Butcher Wickstrom. Motion carried 4-0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION MOTION: Aho moved, seconded by Butcher Wickstrom, to appoint Patricia Pidcock, Chair, and Lyndon Moquist, Vice-Chair, of the Board of Appeal and Equalization. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Council Meetings --Mayor Tyra-Lukens Tyra Lukens said prior to the start of our regular meetings the City Council has a workshop that begins at 5:30 PM. At tonight's workshop the Council discussed the possibility of a mid market green neighborhood. In addition to CITY COUNCIL MINUTES March 5, 2013 Page 8 the regular meetings and the workshop meetings, the Council has many other meetings such as the meeting last week to interview commission applicants and next week's goal-setting workshop. The Council is contemplating cancelling the March 19 meeting and is proposing to hold an additional meeting on March 12, 2013, in the Heritage Room for the goal-setting workshop and to consider a limited amount of City business. MOTION: Nelson moved, seconded by Butcher Wickstrom, to hold an additional regular meeting of the City Council on March 12, 2013, starting at 5:00 PM in the Heritage Room. The regular meeting scheduled for March 19, 2013, may be cancelled but that decision will be made by the Council at the March 12 meeting. Motion carried 4-0. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:12 PM. ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 12, 2013 5:00 PM, CITY CENTER Heritage Rooms 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 Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer and Council Recorder Lorene McWaters I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:15 p.m. Council Member Aho was absent. II. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE THE HOUSING SERVICES AGREEMENT WITH WHAHLT C. AWARD CONTRACT FOR 2013 STREET SWEEPING TO RELIAKOR SERVICES,INC. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-C on the Consent Calendar. Motion carried 4-0. III. OTHER BUSINESS A. CANCELLATION OF MARCH 19, 2013 CITY COUNCIL MEETING MOTION: Butcher Wickstrom moved, seconded by Nelson, to cancel the March 19, 2013, City Council Meeting and Workshop. Motion carried 4-0. IV. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 5:17 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 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. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Temporary 3.2 Beer On-Sale Organization: Eden Prairie Lions Club Organization: Eden Prairie Noon Rotary Date: May 31 —June 2, 2013 Event: Festival of Jazz/Rib Fest Place: Eden Prairie Community Center Date: June 9, 2013 Parking Lot Place: Staring Lake Amphitheater 16700 Valley View Road 14800 Pioneer Trail Raffle Amendment to Liquor License Organization: Eden Prairie Noon Rotary Licensee Name: Kabuki Inc Date: June 9, 2013 DBA: Kabuki Restaurant Place: Staring Lake Park Add Sunday Liquor to current On-Sale Liquor 14800 Pioneer Trail License Raffle New On-Sale Liquor License Organization: Foundation for Eden Prairie Licensee name: Sawatdee Of Eden Prairie L. L. C. Schools DBA: Sawatdee Date: June 10, 2013 13300 Technology Drive #106 Place: Bent Creek Golf Club 14490 Valley View Road New On-Sale Wine & Strong Beer License and 3.2 Beer On-Sale Temporary On-Sale Liquor Licensee name: VNAM Restaurant Inc. Organization: Church of Pax Christi DBA: VNAM Restaurant Event: Volunteer Appreciation Event 8244 Commonwealth Drive Date: May 18-19, 2013 Place: Church of Pax Christi— Social Hall & Parking lot 12100 Pioneer Trail - 1 - City Council Agenda [April 16, 2013] Clerk's List Page 2 2013 Renewal Licenses Solid Waste Collector Keith Krupenny& Son Disposal Shamrock Disposal Inc. Lloyd's Construction Tennis Roll Off LLC Alpha Container Services & Recycling Ray Anderson& Sons Companies Inc Aspen Waste Systems Inc Veit Disposal Systems Veolia Environmental Services LePage & Sons Atomic Recycling LLC Randy's Sanitation Dick's Sanitation Republic Services Inc Total Sanitation Service, Inc Organic Disposal LLC Buckingham Trucking Inc Waste Management Tubs, Inc. Suburban Waste Services CITY COUNCIL AGENDA DATE: April 16, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Hooverson Addition Janet Jeremiah/Regina Rojas Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 0.92 acres; and • Approve and Authorize Issuance of a Grading Permit for Hooverson Addition, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 15, 2013, as approved by the City Council. Synopsis This is final approval for a 2 lot single family subdivision. Background Information On March 13, 2013 the Metropolitan Council approved the guide plan change from Park/Open Space to Low Density Residential and authorized the City to put the amendment into effect. The City can now rezone the property in conformance with the guide plan. The 120-Day Review Period Expires on May 15, 2013. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance HOOVERSON ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2013-PUD-3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 6-2013-PUD-3-2013 (hereinafter "PUD-3-2013-R 1-13.5"). Section 3. The City Council hereby makes the following findings: A. PUD-3-2013-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2013-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2013-R1-13.5 are justified by the design of the development described therein. D. PUD-3-2013-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2013-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of February, 2013, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of April, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A Legal Description: CITY OF EDEN PRAIRIE PARCEL: That part of the West 120 feet of the East 505.50 feet of Tract F lying North of the South 410.05 feet of said Tract F, Registered Land Survey No 751, Hennepin County, Minnesota ORIN AND PATRICIA HOOVERSON PARCEL: That part of the West 100 feet of the East 605.50 feet of Tract F lying North of the South 410.05 feet of said Tract F, Registered Land Survey No 751, Hennepin County, Minnesota HOOVERSON ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO 6-2013-PUD-3-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 12151 Sunnybrook Road from the Rural Zoning District to the R1-13-5 Zoning District on 0.92 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning 2nd Reading of Ordinance Amendment Janet Jeremiah/Regina Rojas Relating to Convenience Gas Regulations Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City Code Section 11.03 relating to convenience gas regulations in all commercial zoning districts, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Synopsis This is 2nd reading of the ordinance for Convenience Gas Regulations in all commercial zoning districts. Attachments 1. Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03 SUBD 2.A.14 RELATING TO CRITERIA FOR GASOLINE/CONVENIENCE STORES SO THAT THE CRITERIA APPLY ALSO IN THE C- COM, C-REG-SERV, C-HWY AND N-COM DISTRICTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is amended by inserting in the first line after reference to "A-C"the following: ",C-COM, C-REG,C-REG-SERV, C-HWY, AND N-COM and changing the word District to Districts. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of March, 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of April, 2013. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.D. Randy L. Slick Final Plat Report of Hooverson Addition Public Works /Engineering Requested Action Move to: Adopt the resolution approving the final plat of Hooverson Addition. Synopsis This proposal is for the plat located at 12151 Sunnybrook Road. The plat consists of.92 acres, combining 0.21 acres of city owned parkland with 0.71 acres owned by Developer into two single family lots and right of way dedication for street purposes. Lot 1 has an existing structure and Lot 2 is a vacant residential lot. Background Information The preliminary plat was approved by the City Council on January 28, 2013. Second reading of the Rezoning Ordinance and final approval will be completed on April 16, 2013. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$175.00 • Receipt of street lighting fee in the amount of$302.05 • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor • Prior to the release of the final plat, Developer shall submit and receive approval of Conservation Easement by Environmental Coordinator • Council approval of the Rezoning Ordinance Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF HOOVERSON ADDITION WHEREAS, the plat of Hooverson Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Hooverson Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 16,2013. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 16, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk DRAINAGE AND UTILITY EASEMENTS ARE Sr Orel THUS: HOOVERSON ADDITION R.T. DOC. NO. —r 7 7-1t o I r /\,.; THESE PRESENTS.That CIty of Eden Palrle,a Municipal coryoratlon,fee owner of the In witness whereof said Patricia Hooverton has hereunto set her hand this day of - — 90 -n following a scribed property situated m the County of Hennepin,state of Minnesota to wit: 20_. _ n r�i i That part of the West 120 feet of the East 505.50 feet of Tract F lying North of the South 410.05 feet of said _n 1\/\`' I I /_\� Tract F,Registered Land Survey No.751,Hennepin County,Minnesota. /" - - r\ +,/\,'Y Patricia Haoverson iBEING 7 FEET IN WIDTH AND ADJOINING LOT LINES. ,I I--- ‘,1;-, /^\L/1'-/` ''\/WOWsKNOW ALL MEN By THESE PRESENTS:TM1at Orin Haoverson and Patricia Haoverson,M1usbantl and wife, R OHT un WAY LINES S SHOWN on THE PLAT O 'i/n\P1 Lc\ - - `- / ----_ wit and proprietors of[he follOwing property situated In[he County of Hennepin,State of Minnesota,[o - - ,A LA r -r/\^,'v _ � -'- owners STATE OF /�\`� /'i '� \/ "" " T.Wert 100 feet of the East 605.50 feet of Tract F,Registered Land Survey No.751,Hennepin County, COUNTY OF Minnesota,lying North of the South 410.05 feet thereof. ---- The foregoing Instrument was acknowledged before me this day of y Patricia Haoverson. Have caused the same to be surveyed and platted as HOOVERSON ADDITION and do hereby donate and -� dedicate to the public Tor public use forever the Road and easements for drainage and utility purposes as a /r ✓ m shown on this plat. (signature) (Printed name) .3 ( / / -_--� Notary Public, County,Minnewta o. ' ' 222.03 MV Commission Expires o23,�g^E 9033 In witness whereof said City of Eden Preirie,a Minnesota Municipal Corporation,has caused these N82 presents to _ �y 131`10 ,li.` be signetl by Its Mayor antl by Its City Manager this I Paul A.Tharp do hereby certify that this plat was prepared by me or antler my tlireR supervision;that 1 am ---- ?-p9 \m I MHO 90• day of ,20 . a duly ucensetl Land surveyor in the State of Minnesota;that this plat is a correct representation of the boundary survey;that all mathematical data and labels are correctly designated on this plat;that all r \ W e c p monuments depitted on this plat have been,or will be correttly set within one year;that all water boundaries AL and wet lands,as defined in Minnesota Statutes,Section 505.01,Subd.3,as of the date of this certificate are \ y[AscMard \m Sign.:City of Eden Prairie shown antl labeled on this plat;and all public ways are shown and labeled on this plat. 0\ l Q by by Dated this day of m O Mayor City Manager 1 \�\ --cc Paul 0.OThpry,Licensed Land Surveyor 'F \ /y¢ to License No.13637 a y\R. see3(4,-• STATE OF MINNESOTA ag`•I�' I of N acknowledged before me this day of ,20 ,by STATE OF MINNESOTA TM1ef foregoing [rumen[was na N COUNTY OF HENNEPIN E „ J M ,Mayor antl ,City M anager 'the City of The foregoing Instrument was acknowledged beore me the day of I. n'1 nil J Eden Prairie,a Min elsota Municipal Corpoaton,on behalf of said cerporetlon. Paul A.Thorp. r �z �__ (signature) (Printed name) (signature) (printed name) 'm^. o Y,Mlnesota Notary Public, N.Minnesota J m otary Public, Count ota blic, County, PI ? My Commission Expires My Commission Expires 1/31/20___ --- 130.33 � �ts S86°04_32 -G-__ T G r Ne ry I. -- EDEN PRAIRIE,Minnesota — , 3 o iY• ThiS plat of HOOVERSON ADDITION was approved and accepted by the City Council of Eden Prairie,Minnesota In witness whereof sale Orin Hpoverspn has hereunto set his hand this day of at a regular meeting thereof held this day of ,20 If applicable,the W W 20 written comments and recemmendabons of the Commissioner of Transportation and the County Highway V 3 X Z Engineer have been received by the City or prescribed 30 day period has elapsed without receipt of such r r^' comments antl recommendations,as provided by Minn.Statutes,Section 505.03,Subd.2. m 3'a 0.Haoverson _ F City Council of Eden Prairie 032 Z ....... ........._100.00 -(�...... _ .......... .............._505.50--4-HA H rmi BY Mayor by City Manager L� i III nil Z ...... _120.00-...........................� - iD,. STATE OF 1 oG 605. w� COUNTY OF O The foregoin ged before me this day of ,20 ,by TAXPAYER SERVICE DEPARTMENT,Hennepin County,Minnesota Instrument was acknowled I hereb ha[[axes 3 antl have been tl for land deudbed on this Pla[, Orin Haoverson, y certify t payab a In 201 prl0r years poi 90 €a (fated this day of _'' (signature) (Printed name) Mark V.Chapin,County Auditor by Deputy L__-__-__-_____ __ Nag°47'S8"E Notary Public, County,Minnesota 130.00 90.00 My Commission Expires I N89p47'58"E 220.00 SURVEY DIVISION,Hennepin County,Minnesota Pursuant to MN.STAT.Sec.3833565(1969),this plat has been approved this day of 20 ;� -,751 t. N • William P.Brown,County surveyor by Y : TFE- ssO�TH LINE THE SOUTHWEST QUARTER CORNER_ / OF SECTION 23,T.116,R.22 REGISTRAR OF TITLES,Hennepin County,Minnesota I hereby certify that the within plat of HOOVERSON ADDITION was flied In this office this day of ,20 NORTH 0 DECREEs Ob MINUrtB 45 SECONDS EAST. Y NO.751 HAS AN ASSUMED BEARING OF Scale in feet Rachael smith,Agin ffttles 1 DENOTES 1No 13630Y t4 INCH IRON MONUMENT SET AND MARKED 9Reglstr rp 11 I Hansen Thorp BY R.L.9. o D 60 go by AZ) {Pellinen Olson Inc. pEngineers.Surveyors•Landscape Architectn CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5836 ITEM NO.: VIII.E. Mary Krause Approve Professional Services Public Works/Engineering Agreement for Pavement Evaluation Services from GoodPointe Technology Requested Action Move to: Approve Professional Services Agreement with GoddPointe Technology for pavement evaluation services in the estimated amount of$47,454. Synopsis As part of our pavement management system,periodic evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically, we have performed these surveys on a three-year cycle on our entire street network(currently estimated at 221 miles). Our last survey was completed in 2010 by GoodPointe Technology(our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan/Pavement Management Program. Background Information The results of this pavement evaluation survey will provide us current information on our street conditions. This current information along with the historical data in our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments • Professional Services Agreement • Exhibit A - Goodpointe Proposal for Pavement Evaluation Services Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 16th day of April , 2013, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Goodpointe Technology , a Minnesota Company (hereinafter "Consultant") whose business address is 287 East 6th Street, Suite 200, St. Paul, MN 55101 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Pavement Evaluation Services for Pavement Management hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" ( Goodpointe Technology Proposal dated March 11, 2013 ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from April 16, 2013 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 $ 47,454.00 for the services as described in Exhibit. 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. 1 } Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon 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. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Anthony J. Kadlec to serve on the Project. He 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 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. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use,which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the 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 $1,500,000 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. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not 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. 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. 3-29-12 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. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior,communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME /, �1 -�--- By: 4ems" Its: Pre 5 ( av 8 Proposal for Professional Services Exhibit "A" • ICON Get to the point Infrastructure Management Solutions GOOOPOINTE TECHNOLOGY March 11, 2013 Ms. Mary Krause City of Eden Prairie 6080 Mitchell Road Eden Prairie, MN 55344-2230 Re: Proposal for Pavement Evaluation Services for Eden Prairie, Minnesota Dear Mary: GoodPointe Technology is pleased to offer pavement evaluation services to the City of Eden Prairie. The requested services are to perform a detailed Pavement Condition Index (PCI) survey on approximately 222 centerline-miles of roadway in the City of Eden Prairie and enter the data into the City's existing pavement management system. This pavement condition survey will update the existing set of pavement management system data and will form the basis of budget analysis projections for the City. To ensure that the City realizes the full value of the information collected for this project, we have added an additional-optional task to deliver an executive summary report on the current and evolving trends in the network-level pavement condition. Attached to this letter is a scope of services and related cost proposal. If after reviewing this document you have any questions or concerns regarding the project setup or services detailed in this letter, please call me at (651) 726-2555. Thank you for your continued interest in our services. We look forward to working with you on this project! Sincerely, GoodPointe Technology (-7/Lv Anthony J. Kadlec President Attachment: Exhibit A. Pavement Evaluation Services g:\proposals\gpoint\edenprairie\Eden Prairie-GoodPointe 2013 PCI Consulting Service Proposal_031113 Exhibit A. Scope of Work, Pavement Evaluation Services March 11, 2013 Good Pointe Technology Inc. Page 1 of 4 EXHIBIT A. Scope of Work This EXHIBIT A. SCOPE OF WORK document along with the City's: Standard Professional Services Agreement -1C 13-5836 Goodpointe shall constitute the entire set of authorization documents for this project. GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then update the City's ICON system database at the GoodPointe data center. The City will be able to run budget scenario runs immediately after the installation of the updated databases. LimaluellaluillundahivAnzajaimilimiLaind We take great pride in providing high quality condition survey data and recommend the following set of quality control (QC) procedures to be applied for our Pavement Condition Index (PCI) survey for the City of Eden Prairie: 2.1) Have a Pre-Survey Meeting In case there are some specific pavement condition issues or judgment calls the City would like to establish before the survey proceeds, GoodPointe and designated City staff will have an onsite meeting at the City and/or will travel out to the field to review and discuss these items. 2.2) Initial Stages Quality Control Evaluation—Distress Level GoodPointe proposes to apply the following distress-level, quality control procedures for the initial stages of this project. For the first five (5) percent of pavement condition Exhibit A. Scope of Work, Pavement Evaluation Services March 11, 2013 GoodPointe Technology Inc. Page 2 of 4 survey data collected for this project, the senior project engineer in charge of data collection is assigned the responsibility of providing field quality control services, which will include a follow-up 100% inspection of the data at the distress level and make any notes regarding any inconsistencies noted in the data. For example, if the senior project engineer notes that'edge cracking'was underestimated in the initial survey, then that survey will be flagged for re-evaluation and correction. Based on the results of this quality control review, the GoodPointe senior engineer will apply corrective action, which will include, but not be limited to: retraining, rotation of raters, and possible replacement. 2.3) Post Survey Check GoodPointe will take the PCI calculated from the 2013 survey and compare it to the most recently calculated PCI (called 'Today's Estimated PCI), the latter of which factors in the latest applied (global strategy) paving project (e.g. seal coat, overlay, reconstruct, etc.) and the PCI obtained from the previous network level pavement condition survey performed for the City in 2010. If the absolute difference between the two above-referenced PCI values is >= 10 PCI points, GoodPointe will physically travel back to the pavement section and verify if the survey data is accurate in the latest survey and/or if there are explainable differences between the distress types/quantities of the two surveys. For example, the former survey may have had significant amounts of longitudinal/transverse cracking and, during the time elapsed between surveys this cracking may progress to form extensive block cracking in the latter survey; if so, we would conclude the survey data is reasonable and the PCI difference is justified. If we do find condition data in the latter survey that needs to be corrected, then we will correct it. After we have re-audited and made any necessary corrections to the PCI data, we provide you with the list of PMS sections that have a greater than 10 point difference (up or down) relative to the latest survey, so that you are aware of these sections. 2.4) Maintenance CI check. If there still remains a PCI increase from the former survey to the latter survey, GoodPointe will query the project database to check whether a) maintenance activity has been entered and if b) a corresponding Maintenance CI has been calculated for the given project. In some cases, it will be quite obvious in the follow-up survey that major rehabilitation work has been done since the last survey, since there will be few or no distresses present on the pavement surface. Since we also display the date of the latest maintenance entered into ICON on our data collection sheets or PDA, we will make a note on the pavement condition survey that some maintenance has likely occurred and then report that back to you at the conclusion of the project. Depending on how former surveys have been implemented for the roadway pavements GoodPointe is willing adjust the above steps accordingly. We are open to discussing the addition of other QA/QC procedures and/or adjusting the survey methodology to better conform to the way the ICON system needs to work for the City of Eden Prairie, but reserve the right to resubmit our cost estimate to cover any anticipated increase in consulting effort to execute the procedures successfully. Exhibit A. Scope of Work, Pavement Evaluation Services March 11, 2013 GoodPointe Technology Inc. Page 3 of 4 ASK 3. EXECUTIVE SUMMARY REPORT An executive summary report on the City pavement network will be delivered to the City. This report will include the information collected in this project and will highlight: • Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); • The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995, 1998, 2001, 2004, 2007, and 2010); • An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, • The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Information Required of the City In order to deliver a high quality work product to the City in this project, GoodPointe will require the following information before the work on this project proceeds: • Hardcopy maps (4 copies) of the pavement management sections in the area to be evaluated in this project; • Digital inventory file (XLS or MDB) of the pavement management sections in the area to be evaluated in this project, to include: o Survey Zone, Street Name, From/To Limits, Section Dimensions, and pavement surface type; o PCI from last survey and date of last survey; o Today's Estimated PCI (based on applicable pavement performance curve and time elapsed from last survey); o Date of most recent structural rehabilitation strategy(e.g. overlay or construction); o Most recent non-structural maintenance project to have occurred on each project section and the date of the project (e.g. 'Sealcoat 6/1/2005', 'Crack Seal 9/1/2006', etc.). NOTE: The project information delivered to GoodPointe in advance of the project will serve to set the Quality Control expectations of these sections through the course of this project to its successful completion. Exhibit A. Scope of Work, Pavement Evaluation Services March 11, 2013 GoodPointe Technology Inc. Page 4 of 4 Cost Schedule - City of Eden Prairie Pavement Evaluation Services Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. Task Unit Cost Units Total Cost 1 $199 per centerline mile 222.13 $44,204.00* 2 $2,500 lump sum 1 $2,500.00 3 Executive Summary Report: $ 750 1 $750.00 Total Proposed $47,454.00 * The final cost will be determined by the actual miles surveyed. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.F. Robert Ellis Institution Community Work Crew Public Works Agreement Requested Action Move to: Approve Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistant provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program from July 1, 2013, through June 30, 2015, at a cost of$123,768. The types of tasks ICWC members perform are related to street, park and utility maintenance. Background Information Each year, the city relies on labor assistance provided by the Minnesota Depailinent of Corrections through the Institution Community Work Crew(ICWC)program. The types of tasks ICWC members perform are related to street, park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew members and one crew leader for three days per week. This agreement will provide ICWC labor assistance from July 1, 2013, through June 30, 2015, at a cost of$123,768. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Attachment Agreement Income Contract No. STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its commissioner of corrections,Institution Community Work Crew Program("State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie, Minnesota 55344("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew(ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1, 2013,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2,whichever is later. 1.2 Expiration date: June 30,2015, or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 State's Duties The State will: A. Provide a supervisor crew leader(s) and up to ten(10) offender crewmembers that the crew leader will supervise during three(3) 10-hour work days per week, including the hours crew leaders spend for daily preparation, communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser's Authorized Representative or designee. B. Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. C. Provide required personal safety equipment and clothing needed for specific work. D. Screen projects to ensure that the appropriate staff are assigned. E. Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of thirty thousand nine hundred forty- two and 00/100 dollars($30,942.00)on August 1,2013,thirty thousand nine hundred forty-two and 00/100 dollars ($30,942.00)on January 1,2014,thirty thousand nine hundred forty-two and 000/100 dollars ($30,942.00)on August 1,2014 and,thirty thousand nine hundred forty-two and 000/100 dollars ($30,942.00)on January 1,2015. Any overtime hours will be billed at the rate of sixty-seven and 50/100 dollars ($67.50 per hour). The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred twenty three thousand seven hundred sixty-eight and 00/100 dollars ($123,768.00), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser's share includes time scheduled for training,vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Terry Byrne,District Supervisor, or his successor. The Purchaser's Authorized Representative is Doug Ernst, Supervisor, City of Eden Prairie, or his successor. 5 Amendments,Waiver, and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract,or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral,may be used to bind either party. 6 Liability: Each party will be responsible for its own acts and behavior and the results thereof. The liability of each party is set out respectively in chapter 3.736 and Chapter 466.04 of the Minnesota Statutes and is subject to the limitations thereof.Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities (including common law, statutory and constitutional)it may have or be construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the termination of this Agreement. 7 Government Data Practices: The Purchaser agrees with respect to any data that it possesses regarding the services purchased under this contract,if applicable,to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended,modified or replaced from time to time. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books,records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 10 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination Either party may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. Revised 9/02 1.PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit—Original(fully executed)contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Leslie Stovring IC 04-5626 Approve Professional Services Engineering Agreement with Blue Water Science for 2013 Lake Water Monitoring Program Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2013 water quality monitoring program in the amount of$43,500. 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 staff met with the Nine Mile Creek(NMCWD) and Riley-Purgatory- Bluff Creek(RPBCWD) Watershed Districts to discuss projects proposed for 2013 in order to coordinate activities. The following actions are proposed: • Water quality and vegetation surveys for Mitchell and Purgatory Creek Park watersheds to provide information for the City's stormwater pond sampling program. This information will be used to develop baseline data for future water quality improvement projects. • Water quality sampling for Bryant Lake. This will help monitor conditions for the lake for comparison with the Nine Mile Creek District's water quality improvement projects that are currently ongoing within the watershed. • Water quality and vegetation surveys for Riley and Round Lakes. The work within Riley Lake will be coordinated with the University of Minnesota's carp management project. • Analysis of Riley Lake to determine the potential effectiveness and dosing requirements for an alum treatment. An alum treatment would improve the "swim-ability" of the lake. • Aquatic Invasive Species (AIS)Assessment for Mitchell and Red Rock Lakes to help coordinate harvesting activities with Midwest Weed Harvesting. RPBCWD will be working with the city to provide these services in 2013. • Provide an Aquatic Invasive Species (AIS) workshop through the Parks and Recreation Program and meet with the Conservation Commission to provide results and discuss future actions that could be taken to address AIS. The Consultant is proposing to have Draft reports completed by March 1, 2014, for presentation at a Conservation Commission meeting in the spring. The estimated cost for 2013 is $43,500 and will be paid from the storm water utility fund. Attachments • Agreement • Proposal Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the day of , 2013, 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 550 South Snelling Avenue, St. Paul, MN 55116. 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 2013 Sampling Program hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" ( 2013 Sampling Program) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from through 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 $ 43,500 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. 3-29-12 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 2 Rev. 3-29-12 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 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. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the 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 $1,500,000 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. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not 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. 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. 3-29-12 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 attorneys fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: Blue Water Science t xV ; ., By: Its: owner 8 Ave .�550 South Snelling 651.690.9602 St. Paul, MN 55116 Y TAR mccomas@pclink.com PROPOSAL To: Leslie A. Stovring,Environmental Coordinator From: Steve McComas,Blue Water Science Date: March 29, 2013 Re: 2013 Water Quality Sampling Program Proposal for Eden Prairie This is a proposal to provide sampling services for Eden Prairie's lakes and ponds to establish baseline water quality data for projects and TMDL analyses that may be required in the future. All data collected must be entered into the Minnesota Pollution Control Agency's water quality database,which is currently the STORET system. The sampling program includes the components outlined below. TASK 1—LAKE WATER QUALITY SAMPLING The City requests that the following samples be collected every other week from May through October for the following lakes. The quote should include a price per lake for water quality sampling and analysis. If you feel additional parameters would be useful,please provide a cost estimate for each additional parameter on a per sample basis. 1. ROUND/MITCHELL/RILEY/BRYANT Parameters to be analyzed in the field: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Parameters to analyzed by a laboratory: • Total phosphorus • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen • Total Alkalinity • Total Suspended Solids • Chloride The University of Minnesota will be sampling Riley and Staring Lakes at a CAMP level. Sampling should be coordinated with the University to avoid duplication of dates. -1- TASK 2—POND WATER QUALITY SAMPLING The City requests that the following samples be collected every other week from May through October for the following ponds. The quote should include a price per sampling event for water quality sampling and analysis. If you feel additional parameters would be useful,please provide a cost estimate for each additional parameter on a per sample basis. • Pond 22-13-B (Staring Lake Watershed) (at the inlet(north end) and outlet(southeast corner) structures) • Pond 08-23-A(Round Lake Park northwest) • Pond 08-13-A(Round Lake Park northeast) Each pond should be sampled for the following minimum parameters: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH • Chlorophyll a • Chloride • Total phosphorus TASK 3—VEGETATION SAMPLING Please include a cost estimate to conduct a point-intercept vegetation survey(early and late season) to measure the current extent of vegetation for the following: • Purgatory Creek Park marsh • Riley Lake(late summer only) • Mitchell Lake(full year) • Round Lake(full year) The University of Minnesota will be sampling Riley and Staring Lakes in early summer,before curly leaf die off. Sampling should be coordinated with the University to avoid duplication. Red Rock and Mitchell Lake will be undergoing harvesting by the Riley-Purgatory-Bluff Creek Watershed District during the summer of 2013. You should expect to provide monitoring and coordination services with the District and Midwest Weed Harvesting to determine the best time and locations to harvest. TASK 4—ALUM TREATMENT ASSESSMENT Please include a cost estimate to finish the assessment for Riley Lake to determine dosage requirements to conduct an alum treatment in 2013/2014. For Round Lake, follow-up sediment sampling should be conducted to evaluate the sediment phosphorus release and the effectiveness of the 2012 alum treatment. TASK 5—COMMUNITY OUTREACH The City would like to provide the following opportunities for the public: • One AIS workshop at the Outdoor Center through Parks and Recreation(tentatively scheduled for May 8, 2013). • One meeting with the Conservation Commission to discuss the sampling results and plans for future sampling. -2- TASK 6-REPORT REQUIREMENTS Once the analysis is completed a final report must be prepared which summarizes the results for each individual water body sampled. The report must include the following information: • Analysis of existing conditions • Recommendations for future actions A Draft report must be submitted for each individual lake or lake watershed that sampling or monitoring is conducted on for review and approval prior to finalization of the report. The Drafts must be submitted by March 1, 2014. The Consultant should anticipate one meeting with City Staff to present the results of the project. Two (2) original, stapled copies and one(1)PDF copy of each Final Report must be submitted. -3- Costs for 2013: Lake and Pond Water Sampling and Projects 2/Month 2/Month Costs Total May-Oct May-Oct Costs Secchi,Temp, Diss Secchi disc, oxygen,Conductivity, Temperature, pH,TP,OP,Chl, Dissolved oxygen, Labor For Lab Report NH3,NO3 NO2,TKN, Conductivity,pH,Chl, Sampling Costs Costs Total Alkalinity,TSS, Chloride,TP Chloride TASK 1. LAKE WATER QUALITY SAMPLING $1,100 x 12 x$200 1. Round/Mitchell/Riley/Bryant 12 sampling trips -- 4 lakes= _$2,400 $600 x 4 $16,400 $4,400 x 4 lakes =$2,400 =$9,600 Subtotal $16,400 TASK 2. POND WATER QUALITY SAMPLING Pond 22-13-B 12 x$75 (Staring Lake watershed) 12 sampling trips $1,100 =$900 $600 $2,600 Pond 08-23-A 12 x$75 (Round Lake Park northwest) 12 sampling trips $1,100 =$900 $600 $2,600 Pond 08-13-A 12 x$75 (Round Lake Park northeast) 12 sampling trips $1,100 =$900 $600 $2,600 Subtotal $7,800 Lake Sediment Lake Sediment Point Intercept Costs Total Collection and Samples to be Plant Surveys Costs Sediment Collected(16 (frequency) Characterization for parameters will be Total Lab Report Non-Native analyzed for each Labor For Costs Costs Colonization sample) Surveys TASK 3. VEGETATION SAMPLING(all surveys will be point-intercept surveys) Purgatory Creek Park Marsh(98 ac) (including 85 ac wetland and 13 ac -- -- 2 surveys $3,200 $0 $700 $3,900 stormwater basin) Riley Lake(300 ac) -- -- 1 survey $3,600 $0 $500 $4,100 (late summer only) Mitchell Lake(112 ac) -- -- 2 surveys $3,400 $0 $700 $4,100 Round Lake(33 ac) -- -- 2 surveys $2,200 $0 $700 $2,900 Subtotal $15,000 TASK 4. ALUM TREATMENT ASSESSMENT Riley(300 ac) 12 hours 28 -- NC $1,500 $1,300 $2,800 Subtotal $2,800 TASK 5. COMMUNITY OUTREACH AIS workshop (May 8,2013) $600 Meeting with the Conservation $300 Commission Subtotal $900 TASK 6. REPORT REQUIREMENTS Report preparation included Two meetings $600 Subtotal $600 Total Proposed Costs Task 1: Lake Water Quality Sampling $16,400 Task 2: Pond Water Quality Sampling $7,800 Task 3: Vegetation Sampling $15,000 Task 4: Alum Treatment Assessment $2,800 Task 5: Community Outreach $900 Task 6: Report Requirements $600 Total $43,500 -4- CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 07-5707 ITEM NO.: VIII.H. Leslie Stovring Approve a Grant Agreement with the Engineering Metropolitan Council for the Riley Creek Water Quality Creek Monitoring Station Requested Action Move to: Approve a Grant Agreement with Metropolitan Council Environmental Services to provide tasks associated with monitoring and maintaining the Riley Creek water quality monitoring station. Synopsis Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek water quality monitoring station south of Flying Cloud Drive. These samples will monitor the creek health and allow the City to track the success of water quality improvement projects within the creek. The funds for the monitoring will be paid in part by a grant by the Metropolitan Council ($10,000). Remaining costs will be paid out of the stormwater utility fund. Background Information The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River. The City started contracting for monitoring and maintenance services with Barr Engineering in 2008. The Metropolitan Council requested that the City take on monitoring and maintenance duties associated with the station due to a lack of available staffing within the Council. The Metropolitan Council provides limited funding for the station, the amount that will be available for 2013-2014 is $10,000. Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution Control Agency (MPCA) has requested that the data collected be entered into the State's water monitoring database (STORET). This would make the data readily available to the MPCA for when they start the Total Maximum Daily Load(TMDL) study. In addition, the data collected will allow the City track the success of actions taken under our Stormwater Permit to improve the water quality of Riley Creek. The goal would be to request that the creek segment be delisted in the future. Attachment Grant Agreement Contract No: SG2013-035 GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND , THE CITY OF EDEN PRAIRIE FOR THE-METROPOLITAN - -WATERSHED OUTLET MONITORING PROGRAM(WOMP2) THIS AGREEMENT is made and entered into by and between the METROPOLITAN COUNCIL (the "Council")and the City of Eden Prairie(the "Grantee"), each acting by and through its duly authorized officers. WHEREAS: 1. The Metropolitan Council has been charged by the Minnesota Legislature(Minnesota Statutes, section 473.157,Water Resources Plan)with the development of target pollution loads for all Metropolitan Area watersheds. 2. A search of the available data yielded very little data adequate for use in the development of these loads. 3. On January 12, 1995 the Metropolitan Council authorized its staff to enter into grant agreements with various watershed management organizations for the collection of watershed outlet data. 4. The Council has entered into a grant agreement with the State of Minnesota(referred to in this document as the"State Grant Agreement")whereby the state agrees to provide certain funds for the purposes of the Metropolitan Area Watershed Outlet Monitoring Program. 5. The Grantee has expressed an interest in collecting water quality data at the watershed outlet. 6. The Grantee has exhibited the technical capability to conduct a watershed outlet monitoring program. 7. The Council has reviewed the Grantee's proposal and desires to assist it in the collection of data. NOW,THEREFORE,the Council and the Grantee agree as follows: I. GRANTEE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the specific activities described in Exhibit A("WOMP Monitoring Work Plan")and to undertake the financial responsibilities described in Exhibit B("WOMP Monitoring Budget and Financial Responsibilities"document), both of which are attached to and incorporated in this agreement. These activities and financial responsibilities are referred to in this agreement as the"Grant Project". 1.02 Use of Contractors. With the approval of the Council's Grant and Project Managers,the Grantee may engage contractors to perform Grant Project activities. However,the Grantee retains 1 primary responsibility to the Council for performance of the Grant Project and the use of such contractors does not relieve the Grantee from any of its obligations under this agreement. 1.03 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. H. AUTHORIZED-USE-OF-GRANT-FUNDS 2.01 Authorized Uses. Grant funds may be used only for costs directly associated with Grant Project activities,as described in paragraph 1.01, and which: i)occur during the Project Activity Period specified in paragraph 6.01, and ii)are eligible expenses as listed in the Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B). Grant funds may also be used to prepare the expense report required by paragraph 5.02 of this grant agreement. No other use of grant funds is permitted. 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings,or other interests in real property,or to pay legal fees, or permit, license,or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Project Equipment and Supplies. With approval of the Council's Project Manager, grant funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the Grant Project. The Grantee will comply with the personal property management requirements described in article VIII of this agreement,with regard to any property purchased pursuant to this paragraph. HI. GRANT AMOUNT AND DISTRIBUTION 3.01 Maximum Grant Amount. The Council shall pay to the Grantee a Maximum Grant Amount of$10,000. Provided,however,that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Maximum Grant Amount of$10,000; or, b. the actual amount expended by the grantee on eligible expenses as specified in paragraph 2.01. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the Grant Project. 3.02 Distribution of Grant Funds. Grant funds will be distributed by the Council according to the following schedule: a. Within ten(10)working days of Council execution of this agreement,the Council will distribute to the Grantee forty-five(45%)of the Maximum Grant Amount. b. If the Grantee has met all of its obligations under this agreement,the Council will distribute to the Grantee forty-five(45%)percent of the Maximum Grant Amount in January, 2014. c. Upon approval of Grantee's financial report as required by paragraph 5.02,the Council will distribute to Grantee the final payment of the remainder of the Maximum Grant Amount. However, no payment will be made which would cause the distribution of grant funds to exceed the limits in paragraph 3.01. Further, if the amount already paid to Grantee by the 2 Council pursuant to this paragraph exceeds the cumulative amount actually expended by the Grantee on eligible expenses as specified in paragraph 2.01,the Council shall notify Grantee of the amount of over-payment. Grantee shall repay to the Council the amount of such overpayment within 30 days of receipt of such notice from the Council. No payment will be made under this paragraph if the Grantee is not current in its reporting requirements under article V at the time the payment is due. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. 3.03 Repayment of Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council,the Grantee agrees to promptly repay such amounts to the Council. 3.04 Reversion of Unexpended Funds. All funds granted by the Council under this agreement that have not been expended for authorized Grant Project activities as described in paragraph 2.01 shall revert to the Council. IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Documentation of Grant Project Costs. All costs charged to the Grant Project must be supported by proper documentation, including properly executed payroll and time records,invoices, contracts,receipts for expenses, or vouchers,evidencing in detail the nature and propriety of the charges. 4.02 Establishment and Maintenance of Grant Project Information. The Grantee agrees to establish and maintain accurate,detailed, and complete separate accounts,financial records, documentation,and other evidence relating to: i)Grantee's performance under this agreement,and ii)the receipt and expenditure of all grant funds under this agreement. The Grantee shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Grant Project information until the latest of: a. complete performance of this agreement; or b. six(6)years following the term of this agreement; or c. if any litigation, claim,or audit is commenced during either such period,when all such litigation, claims or audits have been resolved. If the Grantee engages any contractors to perform any part of the Grant Project activities,the Grantee agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Grant Project information in accordance with the provisions of this paragraph and to allow audit of such information in accordance with paragraph 4.03. 4.03 Audit. The accounts and records of the Grantee relating to the Grant Project shall be audited in the same manner as all other accounts and records of the Grantee are audited. During the time of maintenance of information under paragraph 4.02,authorized representatives of the Council,and the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, section 16C.05, subdivision 5,will have access to all such books,records, documents, accounting practices and procedures, and other information for the purpose of inspection,audit,and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection. V. REPORTING AND MONITORING REQUIREMENTS 5.01 Monitoring Work Plan. The WOMP Monitoring Work Plan(Exhibit A) includes the specific geographic area and watershed outlet affected by the Grant Project,the tasks to be undertaken together with schedules and the organization responsible for the tasks' costs. The Grantee Financial 3 Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B)lists the Grantee expenses eligible for reimbursement by the Council, subject to the limitations of paragraph 2.01. The Grantee agrees to abide by the Monitoring Work Plan, including the Quality Control Provisions listed in the Monitoring Work Plan. 5.02 Grant Project Financial Reports. On or before January 31, 2015,the Grantee will submit a financial report detailing expenses incurred by Grantee for the Grant Project during the Project Activity Period(as defined in paragraph 6.01)which are eligible for reimbursement by the Council in accordance with paragraph 2.01. 5.03 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, local law,or any other event that may affect the Grantee's ability to perform the Grant Project in accordance with the terms of this agreement. VI. GRANT PROJECT ACTIVITY PERIOD; TERM; TERMINATION 6.01 Project Activity Period. The Grantee agrees to complete the Grant Project activities specified in paragraph 1.01 during the period from January 1, 2013 through December 31,2014(the "Project Activity Period"). 6.02 Term. The term of this agreement shall extend from the effective date of this agreement to a date sixty(60)calendar days following the end of the Project Activity Period,to permit closeout of this agreement. 6.03 Termination. Either the Council or the Grantee may terminate this grant agreement at any time, with or without cause, by providing the other party written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for Grant Project activities in accordance with this grant agreement which were satisfactorily performed and incurred prior to the effective date of the termination. Any remaining grant funds which have been distributed to Grantee will be returned to the Council no later than the effective date of such termination. Upon such effective date of termination, a)all data collected by Grantee prior to the effective date of termination shall be turned over to the Council by Grantee; and b)all Council personal property in possession of Grantee wherever located and all property acquired with Grant funds shall be turned over to the Council by Grantee. 6.04 Termination by Council for Noncompliance. If the Council finds that there has been a failure to comply with the provisions of this agreement,the Council may terminate the agreement at any time following seven(7)calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable progress toward completion of the Grant Project. If the Council finds that the Grantee's noncompliance is willful and unreasonable,the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 6.05 Effect of Grant Project Closeout or Termination. The Grantee agrees that Grant Project closeout or termination of this agreement does not invalidate continuing obligations imposed on the Grantee by this agreement. Grant Project closeout or termination of this agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review,and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. VII. COUNCIL's GRANT MANAGER AND PROJECT MANAGER 4 Financial aspects of this grant agreement will be handled by the Council's Grant Manager. The Council's Grant Manager for this grant agreement is Joe Mulcahy, or such other person as may hereafter be designated in writing by the Council. Technical aspects of the Grant Project, including supervision of the Grantee under the Monitoring Work Plan,will be handled by the Council's Project Manager. The Council's Project Manager for this grant agreement is Leigh Harrod;or such other person as may hereafter be designated in writing by the Council. However,nothing in this agreement will be deemed to authorize such Grant Manager or Project Manager to execute amendments to this Grant Agreement on behalf of the Council. VIII. GRANT PROPERTY AND DATA. 8.01 Title. Title to all personal property at the monitoring station site as described in Exhibit A and all property acquired with grant funds will remain with the Council. The Council authorizes the Grantee to utilize the personal property at the site in carrying out the Grant Project activities during the Project Activity Period. 8.02 Maintenance. The Grantee agrees to maintain any such personal property in good operating order. If,during the Project Activity Period,any personal property is no longer available for use in performing the Grant Project,whether by planned withdrawal, misuse,or casualty loss,the Grantee shall immediately notify the Council's Project Manager. 8.03 Utility Services. The Council shall make arrangements with local utilities to provide both telephone and electrical hookups as needed at the monitoring station specified in Exhibit A. All utility accounts serving the monitoring station shall be in the name of the Council. All telephone and electric utility costs for the monitoring station shall be paid by the Council. 8.04 Grant Project Closeout or Termination. No later than a)the effective date of termination as provided in Sections 6.03 and 6.04 of this Grant Agreement or b)no later than sixty (60) calendar days following the end of the Project Activity Period ("Project Closeout Date"), whichever is applicable: i) all data defined in Section 9.04 of this Agreement collected by Grantee prior to the Project Closeout Date or the effective date of termination shall be turned over to the Council by Grantee; and ii) all Council personal property in possession of Grantee wherever located and all property acquired with Grant funds shall be turned over to the Council by the Grantee. Provided, however, that if the Grant Agreement has not been terminated by either party and Grantee continues to participate in the Watershed Outlet Monitoring Program (WOMP 2) through a subsequent Grant Agreement with the Council, Grantee shall not be required to comply with Section 8.04 subparagraph(ii) until such time as Grantee's participation in the WOMP 2 program ceases. IX. GENERAL CONDITIONS 9.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by duly authorized officers of the parties to this agreement. 9.02 Assignment Prohibited. Except as provided in paragraph 1.02,the Grantee shall not assign, contract out, sublet, subgrant,or transfer any Grant Project activities without receiving the express 5 written consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 9.03 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits,or demands, including without limitation attorney's fees, arising out of,resulting from, or relating to the performance of the Grant Project by Grantee or Grantee's employees, agents, or subcontractors. 9.04 Grant Project Data. The Grantee agrees that the results of the Grant Project,the reports submitted,and any new information or technology that is developed with the assistance of this grant may not be copyrighted or patented by Grantee. The Grantee shall comply with the Minnesota Government Data Practices Act,Minnesota Statutes, Chapter 13, in administering data under this agreement. 9.05 Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular,the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race,color, creed, religion,national origin, sex, marital status, status with regard to public assistance,membership or activity in a local civil rights commission,disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment,including rates of pay, selection for training, and other forms of compensation. 9.06 Promotional Material: Acknowledgment. The Grantee agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Grantee. The Grantee shall appropriately acknowledge the grant assistance made by the State and the Council in any promotional materials, reports, and publications relating to the Grant Project. 9.07 Compliance with Law; Obtaining Permits,Licenses and Authorizations. The Grantee agrees to conduct the Grant Project in compliance with all applicable provisions of federal, state, and local laws, ordinances or regulations. The Grantee is responsible for obtaining all federal, state, and local permits, licenses,and authorizations necessary for performing the Grant Project. 9.08 Workers Compensation; Tax Withholding. The Grantee represents that it is compliance with the workers compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any,under this contract, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92. 9.09 Jurisdiction,Venue,and Applicable Law.Venue for all legal proceedings arising out of this agreement, or breach of this agreement, shall be in the state or federal court with competent jurisdiction in Ramsey County,Minnesota. All matters relating to the performance of this agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota. 9.10 Relation to State Grant Agreement. The Grantee recognizes that the Council has undertaken certain obligations as part of the State Grant Agreement. A copy of the State Grant Agreement is attached to and incorporated in this agreement as Exhibit C. The Grantee agrees that obligations imposed by the State Grant Agreement on subgrantees or subcontractors are hereby made binding on the Grantee, and that the terms of the said agreement are incorporated into this agreement to the extent necessary for the Council to meet its obligations under the State Grant Agreement. Terms of the State Grant Agreement which are hereby specifically incorporated include, without limitation, the following: Section 5 Conditions of Payment 6 Section 10 Government Data Practices and Intellectual Property Section 11 Worker's Compensation Section 12 Publicity and Endorsement Section 13 Governing Law,Jurisdiction and Venue Section 16 Subcontracting Section 17 Full Time Equivalency Reporting Section 18 Legacy Logo This paragraph shall not be deemed to create any contractual relationship between the-State-of Mitmesota and the Grantee. The Grantee is not a third-party beneficiary of the State Grant Agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. GRANTEE Date By Name Title METROPOLITAN COUNCIL Date By Keith Buttleman Assistant General Manager,Environmental Quality Assurance Department WOMP2 Revised 01/13 7 EXHIBIT A WOMP MONITORING WORK PLAN The Grantee, City of Eden Prairie, shall operate and maintain a water quality monitoring and sampling station at Riley Creek, 15995 Flying Cloud Drive, Eden Prairie, MN. As part of this agreement, the Grantee or its designated agent as Cooperator, will conduct monitoring work, as described below, from Jan 1, 2013 through December 31, 2014. The Grantor, Metropolitan Council Environmental Services ("MCES-")-shall`LLprovide training, supplies and on=going-technical support to the Grantee and/or its designated agent through the WOMP Project Manager,Leigh Harrod. Contact information for the Project Manager is as follows: 651-602-8085 (o) 612-419-9503 (cell) 651-602-8220(fax) leigh.harrod@metc.state.mn.us. MONITORING WORK Water Quality Sample Collection Composite Samples: Each year during ice-free conditions(generally March-November),the Grantee will submit approximately 10-15 water quality composite samples collected during storm runoff events as climatic conditions dictate. During wet years, additional composite samples may need to be collected and submitted to accurately characterize pollutant loading. For flow events of long duration, a series of 2- to 3-day composites may be needed to capture the entire hydrograph. Snowmelt runoff samples will be collected in the spring, via composite sampling or grab sampling, even if some ice is still present in the stream. Flow-composite water quality samples weighted by equal flow volume increments are required for storm- generated runoff events. Single grab samples taken during a runoff event are not considered to be adequate substitutes for storm-generated event composite samples, unless the automatic monitoring equipment has failed to operate as intended during the event. Composite Sampling Triggers: The Activation Stage and Activation Volume values that trigger and pace the automatic samplers for composite sampling shall be set as storm events approach, and set in accordance with the magnitude of the anticipated event. The Cooperator shall be issued software from Campbell Scientific which will allow the Cooperator to access the Campbell data logger by phone modem in order to set these triggers. Consultation with the Project Manager when setting the sampling triggers is strongly encouraged. If the Cooperator is unable to set the triggers when a storm approaches, for whatever reason, the Project Manager may do so. Grab Samples: As part of the annual routine monitoring at this site, the Grantee will sample the water quality of non-storm event stream flow by submitting a monthly grab sample obtained during non-storm event periods. The instantaneous stream stage, flow, field water temperature, conductivity and transparency shall be measured at the time the grab sample is collected and recorded on the Laboratory Submission Sheet. This requirement may be waived if ice conditions preclude taking a sample. E.coli Samples: A separate E.coli grab sample should be collected and submitted along with each grab and composite sample collected. This E.coli sample must be labeled and accompanied with its own separate Laboratory Submission Sheet when a composite sample has also been collected. E. coli samples must be delivered to the MCES laboratory within 6 hours of collection and arrive before 2 p.m. Use of a commercial courier to physically deliver the sample to the Lab, with the accompanying paperwork, is permitted. 8 Laboratory Forms and Delivery: The Grantee shall fully fill out the Laboratory Submission Sheet for Grab or Composite samples, and apply a label to the bottles of all samples brought to the MCES Laboratory. The Laboratory is located at the Metropolitan Wastewater Treatment Plant, 2400 Childs Road, St. Paul, Minnesota. The Laboratory Submission Sheets, provided by the Council's WOMP Project Manager, shall indicate all analysis typically done to meet the program goals, and shall also indicate the holding time for these analyses. A copy of the Laboratory Submission Sheet is left with the lab personnel, and a second copy must be provided to the Project Manager. Measurements of Physical Conditions If practical, it is desirable to obtain instrument(meter)measurements of dissolved oxygen,temperature, pH, and conductivity during each site visit when a sample is to be submitted to the lab. Calibration information on all field instruments used at this site shall be filled out on the Laboratory Submission Sheet. Transparency tube measurements should also be obtained during each site visit when a sample and laboratory sheet are to be submitted.. Rating Curve Measurements Stage/discharge relationships and rating curves are already established, maintained and calibrated at this site by Barr Engineering, Inc, Barr Engineering has historically developed, maintained, and calibrated stage/discharge rating curves for this sampling site to represent as closely as possible the full range of expected discharge at the site. The rating curve information is provided to the Project Manager, who then updates the data logger program with the correct and updated rating curve equations. QUALITY ASSURANCE PROVISIONS Technical Assistance The Council's Project Manager will write and maintain the internal data logger program for the Campbell Scientific data logger. Council guidelines for data format, data downloading, station identification, programming, and sampling protocol will be observed by the Grantee. The Grantee must avoid downloading new programs into the data logger without the involvement of the Council's Project Manager. This coordination will ensure that both the Council's Project Manager and the Grantee are communicating with each other on decisions affecting the monitoring work. Site Maintenance,Equipment Calibration,and Desiccant The Grantee shall maintain the integrity of the site as needed such that access and operation of the monitoring and sampling equipment is not impeded by debris. Instruments inside the shelter must have frequent desiccant changes to perform properly. The Grantee shall adjust the in-stream conductivity probe to match a calibrated hand-held meter on a regular basis, and indicate any deviation between the calibrated hand-held probe and the in-stream probe, and all corrections made. The DTS-12 turbidity meter should be watched for erratic readings, and lowered or raised in its mounting as needed to read normally. . The Grantee should write field notes on the Lab Sheet regarding any other activity at the station, including station maintenance and monitoring equipment maintenance and/or adjustments, particularly as these activities may affect the integrity of the monitoring data 9 The Grantee must regularly check the status of the desiccant in the data logger and in the sampler, and replace when needed. The pulse radar instrument should be kept free of debris hanging on it to avoid false spikes in stage, . The rain gage should be lowered and checked with each visit,to assure that there is no debris or silt in the gage that would adversely affect the reading. The pump tubing of the automatic sampler will need periodic changing, and the pump routine recalibrated with each change. The Project Manager will train the Grantee on this procedure. Each spring, before snowmelt, the sampler should be reprogrammed and the pumping volume recalibrated. A "test" composite should be generated in advance of the main annual snowmelt eventto assure thatthe sampler is working properly as anticipated. Seasonal Maintenance of the Station: Each November, the rain gage shall be cleared of debris and then covered with a plastic bag to prevent snow accumulation inside the rain gage. The plastic bag shall be removed in March. The fan vent shall be secured shut by covering with duct tape to prevent rodents from entering the station. A small, portable heater shall be left cracked on during winter months to stabilize temperatures inside the shelter, to the benefit of the instruments and equipment stored inside the shelter. The DTS-12 turbidity meter should be removed from its protective casing and its mounting, and given to the Project Manager to return to the manufacturer for annual calibration. In early spring, depending upon flood and ice conditions, the DTS- 12 turbidity meter will again be re-deployed in the stream. Laboratory Forms The Council's Project Manager will supply WORD files for the Grantee to print pre-formatted forms as follows: Laboratory Submission Sheets for water quality grab and composite samples, labels for sample bottles, and a Day-of-Year chart. The Grantee will use these forms and labels for all submissions to the Council. 10 EXHIBIT B WOMP MONITORING BUDGET AND FINANCIAL RESPONSIBILITIES Grantee Financial Responsibilities The Grantee, City of Eden Prairie shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station-at-Riley-Creek, 15995 Flying_Cloud Drive, Eden Prairie,MN during the Project Activity Period(January 1, 2013 through December 31, 2014). On an annual basis the Grantee shall: • Assume all Grantee labor costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(Exhibit A); • Assume all Grantee vehicle and mileage costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan; • Assume all miscellaneous materials, supplies, and sample delivery costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan. The Council will assist in the payment of such costs as provided for in this grant agreement. Metropolitan Council Financial Responsibilities Subject to the availability of funds, the Metropolitan Council shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek, 15995 Flying Cloud Drive, Eden Prairie, MN during the Project Activity Period (Januaryl, 2013 through December 31, 2014). On an annual basis the Council shall: • Assume all MCES Laboratory costs associated with analysis of the water samples submitted by the Grantee, in conformance with the WOMP Monitoring Work Plan(estimated cost: $2,500); • Assume all telephone service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(estimated cost: $800); • Assume all electrical service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(estimated cost: $350); • Assume all costs for the repair and/or replacement of all monitoring equipment necessary for operating the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $500); • Assume all materials and supplies costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $1,425), beyond the cost contributed by the Grantee($250); • Assume all MCES trades labor costs associated with maintaining the stream monitoring station in proper working order(estimated cost: $700); • Assume all labor costs for the Council's Project Manager (WOMP Coordinator), who will provide technical support, guidance, and assistance for operating and maintaining the stream monitoring station and managing and assessing the data and information generated by the monitoring work. 11 EXHIBIT C STATE GRANT AGREEMENT 12 Contract No.56608 STATE OF MINNESOTA GRANT CONTRACT Met. Council#12G003 This grant contract is between the State of Minnesota,acting through its Commissioner of the Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN 55155-4194("State")and the Metropolitan Council,390 North Robert Street, Saint Paul, MN 55101 ("Grantee"). Recitals 1. Under Minn. Statutes§ 116.03 Subd. 2,the State is empowered to enter into this grant.This Grant Contract is administered by the MPCA under Minn.Statutes § 114D.50 Subd.3. 2. The State is in need of the project titled"Metropolitan Area Watershed Outlet Monitoring Program 2013—2014 Workplan." 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State.Pursuant to Minnesota Statutes §16B.98 Subdivision 1,the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date:January 1,2013,or the date the State obtains all required signatures under Minnesota Statutes §16C.05,subdivision 2,whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: December 31,2014,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 1.3 Survival of Terms.The following clauses survive the expiration or cancellation of this grant contract:Liability; State Audits; Government Data Practices and Intellectual Property;Publicity and-Endorsement;Governing Law, Jurisdiction,and Venue;and Data Disclosure. 2 Grantee's Duties The Grantee,who is not a state employee,shall perform the duties specified in Attachment A,which is attached and incorporated into this Grant Contract. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract,time is of the essence. 4 Consideration and Payment 4.1 Consideration.The State will pay for all services performed by the Grantee under this grant contract as follows: (A) Compensation. Grantee will be paid in accordance with the breakdown of costs as set forth in the budget section of Attachment A. (B) Travel Expenses.Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current"Commissioner's Plan"promulgated by the commissioner of Employee Relations,which is incorporated in to this agreement by reference. (C) Total Obligation.The total obligation of the MPCA for all compensation and reimbursements to the Grantee under this agreement will not exceed:$405,500.00(Four Hundred Five Thousand,Five Hundred Dollars). 4.2.Payment (a)Invoices. The MPCA will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually Grant (Rev.09/11) I CR6139 Contract No.56608 performed and the MPCA's Authorized Representative accepts the invoiced services. Invoices must be submitted upon completion of services according to the following schedule:No more frequently than monthly and no less frequently than quarterly. Invoices will reference the Grant Contract number,the Purchase Order Number,and the name of the State's Authorized Representative and will be submitted to: Minnesota Pollution Control Agency_ Accounts Payable,6th Floor 520 Lafayette Road North St Paul,MN 55155-4194 Or, via email to mpca.ap(a7state.mn.us(Subject line:Grantee name and invoice number) (b)Federal funds. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction,as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,state,and local laws,ordinances,rules,and regulations.The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state,or local law. 6 Authorized Representative The State's Authorized Representative is David A.Christopherson,Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN 55155,david.christopherson@state.mn.us,651-757-2849 or his successor, and has the responsibility to monitor the performance and the authority to-accept the-work-provided- under this grant agreement.If the work is satisfactory,the State's Authorized Representative shall certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kent Johnson,Metropolitan Council Environmental Services,2400 Childs Road, Saint Paul,Minnesota 55106,kent Johnson@metc.state.mn.us,651-602-8117.If the Grantee's Authorized Representative changes at any time during this Grant Contract,the Grantee must immediately notify the State. 7 Assignment,Amendments,Waiver,and Grant Contract Complete 7.1 Assignment.The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State,approved by the same parties who executed and approved this grant contract,or their successors in office. 7.2 Amendments.Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract,or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee.No other understanding regarding this grant contract,whether written or oral,may be used to bind either party. 8 Liability Each party shall be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Torts Claims Act,Minnesota Statutes §3.736,and other applicable law. The Grantee's liability shall be governed by the provisions of the Minnesota Municipal Tort Claims Act,Minnesota Statutes Chapter 466,and other applicable law. Grant (Rev.09/ll) 2 CR6 t 39 • Contract No.56608 9 State Audits Under Minn:Stat. §16B.98,Subd.8,the Grantee's books,records,documents,and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this grant agreement,receipt and approval of all final reports,or the required period of time to satisfy all state and program retention requirements,whichever is later. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices.The Grantee and State must comply with the Minnesota Government Data Practices Act,Minn.Stat.Ch. 13, as it applies to all data provided by the State under this grant contract,and as it applies to all data created,collected,received,stored,used,maintained,or disseminated by the Grantee under this grant contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State.The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released.The Grantee's response to the request shall comply with applicable law. • 10.2. Intellectual Property Rights (A) All rights,title and interest to all intellectual property rights,including all copyrights,patents,trade secrets, trademarks,and service marks in the Works and Documents,shall be jointly owned by the Grantee and the State. Works means all inventions,improvements,discoveries(whether or not patentable),databases, computer programs,reports,notes,studies,photographs,negatives,designs,drawings specifications, materials,tapes,and disks conceived,reduced to practice,created or originated by the Grantee,its employees,and subcontractors,either individually or jointly with others in the performance of this Agreement.Documents shall mean the originals of any databases,computer programs,reports,notes studies,photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Grantee,its employees,or subcontractors,in the performance of this Agreement.The ownership interests of the State and the Grantee in the Works and Documents shall each equal fifty percent(50%).The parry's ownership interest in the Works and Documents shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the Works and Documents.Each party hereto shall, at the request of the other,execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interest in the Works and Documents. (B) OBLIGATIONS: 1. NOTIFICATION. Whenever any invention,improvement,or discovery(whether or not patentable)is made or conceived for the first time or actually or constructively reduced to practice by the Grantee,including its employees and subcontractors,in the performance of this Agreement,the Grantee shall upon knowledge thereof, immediately give the State's Authorized Representative written notice thereof,and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon.All decisions regarding the filing of patent,copyright,trademark or service mark applications and/or registrations shall be the joint decision of the Grantee and the State,and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions.In the event the parties cannot agree on said filing decisions, the filing decision will be made by the State. 2. REPRESENTATION.The Grantee shall not knowingly perform any acts,or take any steps, with the intent and effect:a)to prejudice the sole ownership of all intellectual property rights in the Works and Documents by the Grantee and the State,as agreed herein, or b)to cause any Grantee employee, agent,or contractor to retain any interest in and to the Works and Documents.The Grantee represents and warrants that,to the best of its knowledge,the Works and Documents do not and shall not infringe upon any intellectual property Grant (Rev.09/1l) 3 CR6139 Contract No.56608 rights of others. (C) USES OF THE WORKS AND DOCUMENTS: The State and the Grantee shall jointly have the right to make,have made,reproduce,modify distribute,perform, and otherwise use the Works, including Documents produced under this Agreement for noncommercial research,scholarly work,governmental purposes,and other noncommercial purposes without payment or accounting to the other party. No commercial development,manufacture,marketing,reproduction,distribution,sales or licensing of the Works, including Documents,shall be authorized without a future written agreement between the patties. (D) POSSESSION OF DOCUMENTS:The Documents may remain in the possession of the Grantee.The State may inspect any of the Documents at any reasonable time.The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. (E) SUITABILITY:The rights and duties of the State,and the Grantee,provided for above,shall survive the expiration or cancellation of this Agreement. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181,subd. 2,pertaining to Workers' Compensation Insurance coverage.The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity.Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency-and--must not be released without prior written approval from the State's Authorized Representative.For purposes of this provision,publicity includes notices,informational pamphlets,press releases,research,reports,signs,and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program, publications,or services provided resulting from this grant contract. 12.2 Endorsement.The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this grant contract.Venue for all legal proceedings out of this grant contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 14 Termination 14.1 Termination by the Parties. Either the State or the Grantee may cancel this Grant Contract at any time, with or without cause,upon 30 days'written notice to the other party. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 14.2 Termination for Insufficient Funding. The State may immediately terminate this grant contract if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the Grantee.The State is not obligated to pay for any services that are provided after notice and effective date of termination.However,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds.The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Grant (Rev.09/11) 4 CR6139 Contract No.56608 Under Minn. Stat. §270C.65, Subd.3,and other applicable law,the Grantee consents to disclosure of its social security number,federal employer tax identification number, and/or Minnesota tax identification number,already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations.These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities,if any. 16 Subcontracting If the Granteedecides tofulfill itsobligations andduties under this_Agreement_through a subcontractor,_to_be_paid _ for by funds received under this Agreement,the Grantee shall not execute an Agreement with the subcontractor or otherwise enter into a binding agreement until it has first received written approval from the MPCA's Authorized Representative. All subcontracts shall reference this Agreement and require the subcontractor to comply with all of the terms and conditions of this Agreement.The Grantee shall be responsible for the satisfactory and timely completion of all work required under any subcontract and the Grantee shall be responsible for payment of all subcontracts.The Grantee shall pay all subcontractors,less any retainage,within 10 calendar days of receipt of payment to the Grantee by the State for undisputed services provided by the subcontractor and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The Grantee must follow their policies and procedures for obtaining subcontractors and/or policies and procedures per Minn. Stat. §471.345 as applicable. 17 Full Time Equivalent(FTE)Reporting MN Laws 2011, 1st Special Session,Chapter 6,Article 5, Section 1 requires that information provided on the Legislative Coordinating Commission's Legacy Fund website must include specific information on all projects receiving funding,including: "(vi)the number of full-time equivalents funded under the project.For the purposes of this item,"full-time equivalent"means a position directly attributed to the receipt of money from one or more of the funds covered under this section,calculated as the total number of hours planned for the position divided by 2,088." 18 Legacy Logo Minnesota Laws 2010,chapter 361,article 3,section 5,(b))states: "A recipient of the funds from the outdoor heritage fund, parks and trails fund,clean water fund or arts and cultural heritage fund shall display,where practicable, a sign with the logo developed under this section on construction projects and at access points to any land or water resources acquired in fee or an interest in less than fee title, or that were restored,protected,or enhanced, and incorporate the logo,where practicable,into printed and other materials funded with money from one or more of the funds."Clean Water Land and Legacy Amendment Logo Usage Guidelines: http://www.legacy.leg.mn/sites/default/files/resources/Legacy_Logo_Guidelines.pdf • Download the Legacy Logo: http://www.legacy.leg.mn/legacy-logo/legacy-logo-download Grant(Rev.09/11) 5 CR6I39 Contract No.56608 I.STATE ENCUMBRANCE VERIFICATION 3.MI NESOTA POLLUTIO COO AGENCY AGENCY Individual certifies that f ds I e been encumbered as requir y r .Stat. 16A.15 d 16C.05. By: (with gated aut ori )�,0 Signed: _ -} Title: CC; Date: /cT I a0 t i d' Date: 6-t l� - S WIFT_Contract No.:56608 - - . - SWIFT Purchase Order No.:3000006161 2.METROPOLITAN COUNCIL The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: c.Y� l0"' Title: g-A Date: 12-•Z"(• Z D IL Distribution: Agency Grantee State's Authorized Representative-OnBase • Grant (Rev.09/1 I) 6 • CR6139 SWIFT Contract No.: 56608 Attachment A METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES(MCES) INTERAGENCY WATER MONITORING INITIATIVE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM 2013-2014 WORKPLAN (January 2013—December 31,2014) Background: The Minnesota Pollution Control Agency's(MPCA)Watershed Pollutant Load Monitoring Network forms the core of a long-term program designed to measure and compare regional differences and trends in water quality from Minnesota's rivers and the outlets of tributaries draining to these rivers. The program was begun in 2007 with an appropriation from Minnesota's Clean Water Legacy Fund. In the Twin Cities area,Metropolitan Council Environmental Services (MCES)is the only entity that collects water quality data across the entire area.MPCA needs the efficiency of using MCES' Watershed Outlet Monitoring Program(WOMP)to support the Load Monitoring Network.This agreement provides MCES a portion of the necessary funding. The stream chemistry and flow monitoring done by MCES is critical for understanding the water quality in this area of the State,the stressors to that water quality,and trends over time. The data is • also used to assist with impaired waters assessments,watershed and water quality studies and reports,watershed modeling efforts,and the measurement of the ongoing effectiveness of watershed protection and restoration plans. Objective: Operate and maintain 7 of the WOMP monitoring sites for measurement of stream flow, water quality,and pollutant loads. The monitoring work described below (see "Monitoring Description") will complement MCES monitoring of stream flow, water quality, and pollutant loads at 18 sites in 15 Metro Area watersheds. Partners: Local partners will include the City of Eden Prairie,the Lower Minnesota River and Valley Branch Watershed Districts, the Bassett Creek Watershed Management Commission, and the Dakota County, Scott County, Washington County, and Wright County Soil and Water Conservation Districts(SWCDs). To support and encourage the participation of local partners, MCES provides $5,000.00 of state funding per year for each monitoring site, to help offset each local partner's costs for monitoring labor, mileage, and materials and supplies. MCES then uses the remainder of the state funding to pay all costs for monitoring equipment, monitoring station maintenance, utilities, laboratory analysis of water samples, program coordination, data management, and report preparation. CR6139 1 SWIFT Contract No.: 56608 Monitoring Type: Condition Monitoring and Problem Investigation Monitoring Monitoring Description: Long-term water quantity/quality monitoring sites have been established and operated at the outlets of 8 Mississippi, Minnesota, and St. Croix River tributaries throughout the Metropolitan Area. Monitoring sites on Mississippi River tributaries include Bassett Creek,Cannon River,Crow River, and Minnehaha Creek. Monitoring sites on Minnesota River tributaries include Eagle Creek,Riley Creek,and Willow Creek. Valley Creek,tributary to the St.Croix River,also has a monitoring site. These sites have been established and operated in partnership with local units of government (see above). During the 2013-2014 period, MCES and partners will continue to operate all monitoring sites except Willow Creek. In addition,MCES and partners can conduct supplementary monitoring of WOMP streams,as requested by MPCA,to meet any targeted needs for surface water assessment data during the 2013-2014 period. To ensure consistency and quality of the monitoring information obtained,MCES provides program oversight and coordination, technical guidance, and assistance with site set-up, maintenance, and operation. Monitoring sites will be operated by local partners, to the extent possible. Citizen involvement in the monitoring effort will also be encouraged as opportunities arise. At each monitoring site;stream stage and flow, temperature, and specific conductance will be continuously measured with on-site instrumentation and dataloggers. In addition, turbidity will be continuously measured at one site(Riley Creek), using portable instrumentation that can be moved from site to site when needed: Where feasible,precipitation will also be measured with an on-site, datalogging rain gauge. During precipitation and runoff events (generally during the March- October period), automated samplers will composite water quality samples over the event hydrograph. Grab samples will be obtained during stream baseflow conditions. Local partners will download dataloggers,help maintain sites and instrumentation,establish and maintain stream rating curves, and collect and submit water quality samples (chemical and biological). Monitoring of stream biota (biomonitoring) is being conducted by MCES staff at three WOMP streams (Eagle, Minnehaha, and Valley Creeks). For more information on MCES stream monitoring protocols, please refer to the document: "Metropolitan Council Environmental Services Quality Assurance Program Plan:Stream Monitoring"at: http://www.metrocouncil.org/environment/RiversLakes/streams/documents/Stream%20Monitoring %20QAPP Revised 0111 Web Reduced.pdf The MCES Laboratory Services Section will analyze the water quality samples collected by local partners. Water quality samples will typically be analyzed for a number of chemical water quality variables, including: alkalinity, hardness, turbidity, total and volatile suspended solids, chemical oxygen demand, total organic carbon, several forms of phosphorus(total and ortho), several forms of nitrogen (total, Kjeldahl, nitrite, nitrate, and ammonia), chlorophyll-a, chloride, sulfate, and Escherichia coli bacteria. CR6139 2 SWIFT Contract No.: 56608 Synthesis and management of all data/information obtained from the monitoring sites will be conducted by the MCES Environmental Monitoring and Assessment Section. Monitoring information will be available to the local partners and MPCA on an annual basis, so that the information can be used for assessing water quality conditions, documenting water quality trends, identifying water quality problems, preparing and updating watershed and local comprehensive plans,preparing TMDL plans,and implementing watershed best management practices(BMPs)for nonpoint source pollution abatement,as appropriate. Data and Reporting: WOMP Data All program monitoring data obtained during the 2013-2014 period,including field data,continuous monitoring data(stream flow,temperature,and specific conductance),precipitation data, laboratory data, and biological monitoring data, will be available to the local partners and MPCA through the MCES Environmental Information Management System(E1MS)and/or on an as-requested basis. Biennial Progress Report The MCES Environmental Monitoring and Assessment Section will prepare a 2013-2014 biennial progress report on the status of the "Metropolitan Area Watershed Outlet Monitoring" Program. The 2013-2014 progress report will provide a biennial summary of the program,including program accomplishments and results,measures of monitoring success,recommendations for continuing the monitoring(or-not), recommendations for modifying the monitoring approach (if needed), and a suggested budget for the 2015-2016 biennium. The 2013-2014 biennial progress report will be provided to the MPCA by December 31,2014. Measurable Outcomes: • Operation and maintenance of 7 "Metropolitan Area Watershed Outlet Monitoring Program" (WOMP)monitoring sites as described above. • Active cooperation with and assistance to the local water monitoring partners listed above in operating and maintaining the 7 sites. • Measurement of the water quality parameters listed above according to the schedule specified above. • Laboratory analysis of the collected water quality samples as listed above. • Storage and management of all data resulting from the water quality monitoring and laboratory analysis. • Availability of the data to the MPCA and to local partners on an annual basis and as requested, so that the information can be used for water quality management efforts as described above. • Provision of a biennial progress report on the status of the monitoring program as specified above. CR6139 3 SWIFT Contract No.: 56608 Time Frame: January 2013 through December 31,2014.Budget: $405,500 for the 2013-2014 period(includes 1.0 FTE): $201,750 in 2013 and $203,750 in 2014. A two-year budget is presented below. 2013 (January 2013-December 31,2013) Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FIE): $ 86,500 Local Monitoring Partners: $ 35,000 MCES Analytical Costs: $ 40,000 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2013: $201,750 2014(January 2014-December 31,2014) Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 88,500 Local Monitoring Partners: $ 35,000 MCES Analytical Costs: $ 40,000 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2014: $203,750 2013-2014(January 2013—December 31,2014) Total: $405,500 Contact: Kent Johnson Phone: 651-602-8117. Manager FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail:kent.johnson@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St. Paul,MN 55106 Leigh Harrod Phone: 651-602-8085 Senior Environmental Scientist FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail: leigh.harrod@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul,MN 55106 CR6139 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 05-5658 ITEM NO.: VIII.I. Leslie Stovring Approve Professional Services Engineering Agreement for Annual City Clean Up Requested Action Move to: Approve Professional Services Agreement with Allied Waste for assisting with the Annual City Clean Up at a cost not to exceed$40,000. Synopsis The City of Eden Prairie has provided a one-day event for residents to drop off waste materials since 1995. Allied Waste has partnered with the City since the beginning to provide services during this event. Since that time attendance has gradually increased and the costs associated with the cleanup have also increased. The costs have started to be consistently above $20,000. The attached proposal includes a per unit estimate for an estimated cost of$20,000 to $40,000 depending on attendance. The costs for the cleanup are paid out of the annual recycling grant that the City receives from Hennepin County. Any amounts above what can be paid from the grant (approximately $25,000) would be paid out of the stormwater utility fund. Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. Attendance has increased from approximately 500 households in the 1990's to approximately 1,150 in 2012 for a cost to the City of$24,016. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes charitable donations (typically Vietnam Veterans),bicycle recycling,yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs and propane tanks. Nominal fees are charged for electronics, appliances and some fluorescent bulbs (if more than 10 are brought in for disposal)to help cover costs. However, yard waste, furniture, trash, steel and many general trash items can be dropped off at no charge. This year the City is working with the the Bloomington Robotics Club to provide food and beverages during the event. Attachment Allied Waste Proposal Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the k%fi` day of , 20 lS , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and (4J1'et1 (>Qs.{,e„ `'t mit} , a Minnesota (hereinafter"Consultant")whose business address is 9843 Dt ci e EO94v Pf"aaP+'e MN Ski 3't/7 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 `^ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"(Profocv.t Ao cl 2-As/,3) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from o..r. aot 3 through Aa.c.2ot3 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 $401000 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. 1 Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon 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. 3-29-12 6. Project Manager and Staffing. The Consultant has designated der and a-.+sa' 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 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. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the 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 $1,500,000 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. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not 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. 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. AU 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. 3-29-12 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. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Aied.g.--(04 Its: 6tva.,;mil ..e r~ 8 0 , 4 A ALLIED WASTE February 15,2013 City of Eden Prairie Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Leslie: Allied Waste Services would like to thank you for allowing us the opportunity to be the operator of the upcoming City of Eden Prairie clean up.The information below is a breakdown of the pricing for your clean up. Feel free to contact me directly at 952-946-5330 if you have any questions. Thank you! Sincerely, -R_ck H t.rsteLvu Rich Hirstein Municipal Services Manager Spring Clean Up 2013 City of Eden Prairie BASE SERVICE CHARGES Construction Material $48.00 per ton disposal $2.00/ton tax Yard Waste $41.00 per ton disposal No tax Household Trash $54.00 per ton disposal 9%Hennepin County Tax 9.75%State Tax Furniture $11.00 per piece 9% Hennepin County Tax 9.75%State Tax Scrap Metal = No Charge Recycling Materials = No Charge a ge Labor = 35 Employees at$ 285.00 per employee Operational Expense: (trucks, containers, etc) _ $2,900.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5799 ITEM NO.: VIII.J. Carter Schulze Approve Appraised Values For City West Parkway Roundabout Acquisitions Public Works/Engineering And Approve Acquisition of Parcel 10 Requested Action Move to: Approve the appraised values for City West Parkway roundabout acquisitions and approve the acquisition of parcel 10 for the appraised amount. Synopsis On March 20, 2012, the City Council authorized the City Engineer and City Attorney to pursue the acquisition of easements for the northern segment of the Shady Oak Road Improvements. This approval included the parcels along City West Parkway impacted by the roundabout which was bid as potential additional work for the northern segment. This work was subsequently added and appraisals were completed. The property owner of parcel 10 has agreed to the appraised amount of$85,900 and has provided the City with executed documents. Background Information Minnesota State Statutes Chapter 117 requires an approved appraisal of value. Market Value Appraisals for the following parcels have since been received and the values for each parcel are as follows: Parcel 3A — $77,500 Parcel 10 — $85,900 Parcel 11&12 — $4,550 This is the second appraisal for Parcel 3. The first approved appraisal was associated with the Shady Oak Road corridor and the second(3A) is for the City West Parkway improvements. Attachment Parcel Map CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Rick Wahlen Award Contract to Electrical Installation Public Works/Utilities and Maintenance to replace the Variable Frequency Drive at Well No. 10. Requested Action Move to: Award Contract to Electrical Installation and Maintenance (EIM) for the replacement of the Variable Frequency Drive (VFD) at the City of Eden Prairie's Well No. 10 in the amount of$32,650. Synopsis The existing VFD originally installed at Eden Prairie's Well No. 10 in the mid-1990's has failed, and repair is not economically feasible. Competing quotes for the removal of the old system and installation of a new VFD were received from EIM and Rice Lake Construction for$32,650 and $42,500, respectively. The award of contract to EIM would ensure Well No. 10 is restored to a variable-speed capability for the majority of the city's peak irrigation season. Background Information Variable Frequency Drives, or VFD's are electrical devices which enable electric motors to be operated at any speed. To save energy consumption and better manage the pumping of water from our wells, Eden Prairie began installing variable frequency drives at it's wells using this emerging technology in the 1990s, prior to most other communities. The typical life expectancy of a VFD in the environment found at our well-houses is approximately 12-15 years, so we have seen very good performance for an extended period of time from our VFD systems. Recognizing the potential for failure of our aging well VFDs,we conducted an electrical evaluation of our wells in 2012, including a cost comparison of various replacement VFD systems and arrived at a best-cost,best performance standard for replacement systems. The VFD proposed for this replacement meets that standard. Well No. 10 is still functional in full-speed mode until the new equipment is installed. Staff recommends awarding the contract to the lower-cost proposal from Electrical Installation and Maintenance in the amount of$32,650 to be paid from the water utility fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Rick Wahlen Approve Contract with Rice Lake Public Works/UtilitiesConstruction Group for Updating Electrical Equipment& Controls for Wells 3 and 4. Requested Action Move to: Approve a contract with Rice Lake Construction Group to remove old electrical equipment and controls at Well No. 3 and Well No. 4 and install new equipment, in the amount of$478,750. Synopsis The City of Eden Prairie Utilities Division obtained bids from three competent contractors for replacing the electrical systems, controls, and generators at Wells 3 and 4. The low bid was offered by Rice Lake Construction Group, which satisfactorily performed recent water treatment plant upgrades. Staff recommends acceptance of the proposal in the amount of$478,750 to be paid from the water utility fund. Background Information Each year, Eden Prairie Utilities plans the major maintenance and upgrade of one or two of our municipal wells. With a total of 15 wells, doing this major maintenance work on this schedule ensures the systems are removed, inspected, repaired, and upgraded as necessary on a consistent basis to minimize avoidable break-downs. Recent maintenance and upgrade projects have added significant additional well capacity by improving the performance of the systems. Given the age of our variable frequency drives, which have reached their expected useful lifespan, we requested our consulting engineers to design and specify modern replacement electrical systems for our wells to be installed at the time of each well's major service. Whenever practical, we also look at installing a power generator as part of these projects to expand Eden Prairie's emergency water supply capacity. Bidding both Well No. 3 and Well No. 4 electrical systems together resulted in a lower price per unit than we would have received by bidding the wells separately. Due to the current higher prices of generators, we recommend waiting to install a generator at Well No. 4 until a later date. All costs for the well electrical and controls upgrades will be paid from the water utility fund. Attachments Recommendation Letter & Bid Tabulation • ywk 11E25 www_eels .ctirri February 7, 2013 Mr. Rick Wahlen City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 Re: Review of Bids Well No. 3 and 4 Electrical and Controls Upgrade Eden Prairie, MN Dear Rick: Bids were received for the above-referenced project on Tuesday, February 5, 2013, and were opened and read aloud. A total of three (3) bids were received. The bids were checked for mathematical accuracy and tabulated. A tabulation of the bids is attached, The low bidder was Rice Lake Construction Group in the amount of$478,750 for the total base bid. Their bid amount for Alternate No. 1 —Generator for Well No. 4 was $153,650. The engineer's estimate was $436,000 for the base bid and $107,000 for Alternate No. 1. The major difference from the engineer's estimate is due to the generator sizing related to more stringent emission requirements. The generator suppliers had to quote the next size generator due to the fact that they were right on the bubble with the more stringent emission requirements which limits the amount of load you can apply to the engine. This increased the generator size from 150 kw to 200 kw resulting in a larger engine class and subsequent increased cost of almost$50,000. Previously with Well No. 2 a 150 kw generator was suitable because it was prior to the new emission standards. We recommend that the City Council consider these bids and award a contract to Rice Lake Construction Group based upon the base bid results of the bids received. Due to the higher generator costs we would not recommend going with Alternate No. 1 and holding off on installing a generator at Well No. 4 at this time. Please do not hesitate to call us at 763-463-5036 with any comments or questions you may have. Sincerely, Advanced Engineering and Environmental Services, Inc. son Benson, P.E. Project Manager BID OPENING TABULATION P„,g) E25 ii Wells No. 3 and 4 Electrical and Control Upgrades City of Eden Prairie, MN February 5, 2013 w o o < o m W 0 N Z Z O iJt O o0 H Z N ❑ C LL m x Contract No.1 - : Alternate No.1 -Generator CONTRACTOR w ALL WORK Well No.4 ENGINEER'S ESTIMATE $436,000 $107,000 1 Electrical Installation and Maintenance,Co. X X X $489,900 $152,400 2 Rice Lake Construction Group X X X $478,750 l $153,560 3 Killmer Electric Co.,Inc. X X X $510,000 ' $154,500 4 5 6 7 8 9 Advanced Engineering and Environmental Services,Inc. True Tabulation of Bids Water Tower Place Business Center 6901 East Fish Lake Road Suite 184 Respectfully Submitted: Maple Grove,MN 55369 Tel: 763463-5036 Facc 763-483-5037 Jason Benson,PE CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.M. Rod Rue Resolution Ordering Improvements and Public Works /Engineering Preparation of Plans and Specifications for the South Shady Oak Road(CSAH No. 61) Improvements at the TH 212 Interchange Requested Action Move to: Adopt resolution ordering improvements and preparation of plans and specifications for the South Shady Oak Road(CSAH No. 61) Improvements at the TH 212 Interchange Synopsis The United Health Group (UHG) development in progress in the south east corner of TH 62 and Shady Oak Road(CSAH No. 61)promoted the improvements of both the north Shady Oak Road segment, which is underway, and the south Shady Oak Road segment. These improvements are necessary, cost-effective and feasible as supported by previous traffic studies and the City's Transportation Plan. Prior to UHG's development, these improvements were included with the City's Capital Improvement Plan as well. Funding for the project will be shared between UHG, MNDOT, Municipal State Aid, Hennepin County and TIF. A special assessment agreement is in place between the City and UHG. Background Information The City Council adopted a resolution on April 17, 2012 endorsing pursuit of Transportation Economic Development(TED) Program funding. This funding has since been granted to the project. On March 5, 2013 the City Council adopted a resolution approving the layout for the improvements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council was adopted the 17th day of April 2012, endorsing pursuit of Transportation Economic Development (TED) Program funding and, if awarded, commit funding to provide for the completion of the improvements; and WHEREAS,the TED funding was awarded to the City of Eden Prairie for the improvements; and WHEREAS, a public hearing was held on the 5th day of March, 2013 at which all persons desiring to be heard were given an opportunity to be heard thereon where the Council considered the improvement and adopted a resolution approving Layout 2A for the improvements; and WHEREAS,the anticipated project cost of$32 million will be funded through TED, Municipal State Aid, Hennepin County, TIF and United HealthCare Services through a special assessment agreement that was made on the 8th day of May 2012,between the City of Eden Prairie and United HealthCare Services; and WHEREAS,the Shady Oak Road Improvements including the interchange at Shady Oak Road and Highway 212 will improve the efficiency and safety of the transportation network and promote economic growth through the expansion of local businesses. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the (i) City's Comprehensive Guide Plan, (ii) Trunk Highway 212 and Shady Oak Road interchange Study (iii) United Health Group's Alternative Urban Areawide Review (AUAR) Traffic Impact Study and on account of the funding sources identified above. 2. Such improvement is hereby ordered. 3. The Planning Commission has reviewed the proposed capital improvement and reported in writing to the Council its findings as to compliance of the proposed improvements with the comprehensive municipal plan. 4. The City Engineer is hereby designated as the Engineer for this improvement, I.C. 11- 5800. He shall prepare plans and specifications, with assistance from SRF Consulting Group, Inc., for the making of such improvements. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED by the Eden Prairie City Council on April 16, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Sue Kotchevar, Office of the Approve 2012 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2012 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. Most of the transfers are related to the allocation of project costs between funds. In addition, the General Fund had positive operating results and amounts were transferred to the Capital Improvement and Maintenance Fund. The final use of these funds will be considered when the 2014 budget is completed. Also, more information will be provided in May when the auditors attend the City Council meeting. A bit more information on the General Fund results is described below. The general fund had positive operating results in 2012 and$3,383,719 was transferred to the Capital Improvement and Maintenance Fund. When the 2014/2015 budget is finalized, the amount transferred to the Capital Improvement and Maintenance Fund may be moved to other priorities. Staff will have a recommendation during the budget process. Revenue collections were $3,670,176 more than expected and expenditures were $257,895 less than budgeted. Details of this include the following: • Tax revenue collected was $203,000 more than budgeted due to the collection of 99% of the taxes levied. • Development revenue was $2,388,000 more than budgeted. • Charges for services were $350,000 more than budgeted primarily due to the community center • General Fund expenditures were 99.3% spent compared to 99.2% last year. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/12 Transfer Transfer In Out Amount Allocation of Costs General Fund Senior Board 2,475 Facilities ISF Senior Board 1,400 Improvement Projects 2006 Project Fund 3,210 G.O.Improvement Bonds 2010A Improvement Projects 2006 2,998 Capital Improvement Maintenance Fund HRA 2002A Lease Revenue Bonds 51,506 Capital Improvement Maintenance Fund G.O.Park Refunding Bonds of 2003A 44,841 Capital Improvement Maintenance Fund G.O.Improvement Bonds of 2006C 36,380 Capital Improvement Maintenance Fund CIP-Pavement Management 1,800,000 Capital Improvement Maintenance Fund Parks Referendum 511,588 Park Acquisition and Development Parks Referendum 135,000 Transportation Shady Oak Road North 550,000 Shady Oak Road South Shady Oak Road North 3,600,000 Park Acquisition and Development Storm Drainage 25,000 General Fund Trails Referendum 10,633 Capital Improvement Maintenance Fund Trails Referendum 37,957 G.O.Improvement Bonds 2008B Flying Cloud Drive 171,000 Capital Maintenance and Improvement Fund General Fund 3,383,719 Explanation Transfer the Senior Board's share of various programs/projects Transfer the Senior Board's share of projects Transfer the Project Fund's share of Valley View Road project Transfer the Improvement Project Fund's share of Single Tree Lane project Close City Center debt fund and transfer to Capital Improvement Maintenance Fund Close'03 Park debt fund and transfer to Capital Improvement Maintenance Fund Close'06 Equipment Certificate debt fund and transfer to Capital Improvement Maintenance Fund Transfer budgeted amount back to CIP due to fund now receiving Franchise Fees Transfer the Parks Referendum Fund's share of Round Lake Park project Transfer the Parks Referendum Fund's share of the Skate Park project Transfer the Transportation Fund's share of MSA Transfer the Shady Oak Road South Fund's share of MSA Transfer the Storm Drainage Fund's share of the Birch Island Woods project Transfer the Trails Referendum Fund's share of the Trails Sign project Transfer the Trails Referendum Fund's share of Round Lake Park project Transfer Flying Clour Dr Improvement Fund's share of assessments Transfer amounts above amount needed to maintain fund balance policy CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Stuart Fox, Parks and Natural Resolution Requesting a Limited-Use Permit Resources Manager, Parks and for Non-Motorized Recreational Trail Recreation Motion Move to: Adopt the resolution requesting a limited use permit for non-motorized trail. Synopsis Currently HTPO is under contract with the City to do the engineering and design work the construction of a new bike trail link from the Riley Creek crossing at the TH 212 Bridge to the city border with Chanhassen. For this project the city staff has been in contact with Minnesota Department of Transportation(MNDOT) staff in regards to formal authorization to construct this trail section on their highway right of way(ROW)property.As was the case in two previous trail projects, the city must enter into a Limited-Use Permit(LUP)in order to build,maintain and operate a bike trail within the Highway 212 ROW. Adopting this resolution is the first step in the drafting of the formal LUP document. With passage of the resolution, the Mayor and City Manager will be authorized to sign the LUP on behalf of the City after its preparation by MN DOT staff. It is anticipated that the LUP will be ready for signing by the end of June. Background Over the past 20 years the Park and Recreation Department staff of Eden Prairie and Chanhassen have discussed and planned the construction of a loop bike trail around Rice Marsh Lake. The southern portion of the loop trail system was delayed for many years due to the uncertainty of the Hwy 212 Road Project. After the highway was constructed we have moved forward with new trail construction projects within the MNDOT ROW. Last year we have completed construction of the final trail segment that links Riley Lake Road with Rice Marsh Lake Park. This summer both communities have proposed trail construction projects within the MNDOT ROW. When these projects are constructed it will complete the 3+mile loop trail around Rice Marsh Lake that residents of both communities will be able to use and enjoy. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to construct a non-motorized recreational trail from the TH 212 Bridge to the western city boundary with Chanhassen; and WHEREAS, this non-motorized recreational trail begins within and then crosses the right of way property for Trunk Highway 212; and WHEREAS, the State of Minnesota Depaitnient of Transportation requires a limited-use permit for all non-motorized recreational trails constructed within their right-of-way. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Eden Prairie do authorize the approval of a limited-use permit for the construction, maintenance and operation of a non-motorized recreational trail within the right-of-way of Trunk Highway 212. ADOPTED by the Eden Prairie City Council on April 16, 2013. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Stuart Fox, Parks and Natural Purchase of Dugout Covers for the Baseball Fields Resources Manager at Staring Lake Park and Franlo Park Requested Action Move to: Recommend the purchase of the Dugout Covers for the baseball fields at Staring Lake Park and Franlo Park to H &B Specialized Products, Inc. in the amount of$36,566. Synopsis The Eden Prairie Baseball Association applied for and received a grant from the Minnesota Twins/ Twins Community Fund for dugout covers for the two baseball fields at Staring Lake Park and the baseball field at Franlo Park. The Twins Community Fund grant award was for$29,700. This amount is being matched by $39,000 from the EPBBA for a total of$68,800 for dugout covers project. Other than construction oversight there will be no city funds used for this project. Staff will be seeking bid from contractors to install these dugout covers in the near future. Recommendation Staff is recommending that we purchase the 10 foot wide x 30 foot long metal dugout covers directly from the manufacturer in order to match the style, size, quality and color of the 9 sets that are installed at Miller Park. When we researched the purchase those covers in 2009-10 it was determined that an Eden Prairie based distributer(H&B)had the lowest price on these high quality dugout covers. We are able to purchase the dugout covers for the same unit price as we did in 2010,plus shipping. Attachment H&B Proposal PROPOSAL HOB Date : 03/26/13 To: STU FOX Job Name : Eden Prairie Fields Job Location : Eden Prairie, MN Architect: We are pleased to submit the following quotation for your consideration: Dugouts We Propose to Furnish FOB Jobsite, (6) DG-10-30 World Series Dugouts as manufactured by JW Industries. All (6) dugouts to have Sherwin Williams "Fence Green" powder coated girts. (2) dugouts to have black powder coated support posts and the other (4) to have galvanized support posts: (6) DG-10-30 FOR THE SUM OF $36,566.00 (See Notes Below) Notes Please allow approximately 4 weeks for delivery ARO & required approvals. Includes dedicated freight with drop off at multiple locations and crating for forklift removal. Excludes off load of truck, assmebly and installation. Includes anchors for installation on existing concrete slabs. Respectfully Submitted- Jami Anderson Vice President 952.374.6110 x29 fax 952.374.6111 This offer expires thirty days from above date. The prices quoted are subject to change as set forth on the reverse side hereof.Seller reserves the right to revoke this offer at any time before acceptance. This offer is not a firm offer.Unless sooner revoked,this offer shall expire on the expiration date set forth above. Acceptance of this offer is expressly limited to and subject to the terms and conditions set forth on both sides hereof,including those limiting warranties and liability and providing for price changes. TERMS:Net 30 days from date of invoice. All quotations are subject to the conditions printed on the back of this proposal and when accepted subject to credit approval. Accepted by Respectfully,submitted, (COMPANY NAME) By ��/]amZ Anderson Signed Title H&B Specialized Products Date H&B Specialized Products, Inc. 6560 Edenvale Blvd. Eden Prairie, MN 55346 952.374.6110 Eden Prairie City Ballfields JWI Dugouts CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Stuart A. Fox, Parks &Natural Resolution for the Purchase of Tax Resources Manager Forfeited Property Requested Action Move to: Adopt Resolution approving the purchase of tax forfeited property within Eden Prairie. Synopsis Hennepin County Taxpayer Services staff first notified us in 2011 that there was an undeveloped land parcel within the city that was listed as tax forfeited property. This parcel was originally listed on Non Conservation List No. 1568 C/NC. This property has been pronounced tax forfeited to the State of Minnesota for non-payment of property tax,with no pending special assessments. The parcel of property is legally described as: PID# 19-116-22-43-0005, OUTLOT A BEARPATH ADDITION Background This is a 49,427 square foot(1.13 acre)parcel of land that lies just south of Pioneer Trail.It is a land parcel that was created during the development of Bearpath,however it is physically separated from the golf course by the Pioneer Trail(Co. Rd 1). This parcel of land forms the northern border of a large wetland. The abutting land parcel to the south is owned by the City. Recommendation Originally in 2011,the staff recommended that the City seek conveyance of this parcel from the State;however, that original recommendation has changed.In a recent conversation with the staff at Hennepin County Taxpayer Services it was mentioned that the assessed value of the forfeited property is only $100. The Property Management Specialist recommended that the City purchase this land parcel outright rather than seeking deed conveyance from the State. By directly purchasing the property the city would save nearly $100 in recording fees and would not be subject to the restrictions on found on a Conveyance of Tax-Forfeited Property. Staff recommends that the land be purchased. Attachments 1. Resolution 2. Parcel Map 3. Purchase Cost Statement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION ADVISING THE DISPOSITION OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin, Conservation/ Non-Conservation List#1568 C/NC, which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to give input regarding the disposition of these parcels of land; and WHEREAS, the City has been notified that Hennepin County held a public meeting on October 28, 2011 to take public input related to the property as provided for in Minnesota Statute 282; and WHEREAS,the City may request that the property be sold to the City for public use. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does have an interest in requesting the Board of Hennepin County sell this land parcel to the City for public use and does advise the Board of Hennepin County to dispose of the parcel in the following way: Parcel 2 - PIN 19-116-22-43-0005 with no pending special assessments, should be sold to the City of Eden Prairie for wetland preservation ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Tax-Forfeit Property 1568 C/NC T North (no scale) From: Marilyn Bell - Hennepin County Tax Forfeited Lands Date: 4/1/13 Call 612-596-6589 NER# 020199 PURCHASE COSTS: 19-116-22-43-0005 Assessed Value $100.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $3.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: {$1.65/$500 or part thereof-see chart} $1.65 IF FULL PAYMENT REQUIRED: Total: $180.65 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 19-116-22-43-0005 PREPARED FOR: City of Eden Prairie Phone# 952-949-8445 Calculated: 01-Apr-13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Rick Getschow/Alecia Rose, Approve implementation and support contract Office of the City Manager with Xigent Solutions for IT network services Requested Action Move to: Approve a new contract with Xigent Solutions to upgrade and configure current NetApp products in our storage area network(SAN) for a three year term of 2013-2015 in the amount of$147,416.85. Synopsis This new contract provides an upgrade to our SAN/VMWare solution that was originally purchased in 2007. This upgrade has been planned for 2012-2013 and has been allocated in the Information Technology CIP budget. Background In 2007, the IT division undertook a new project to better serve all departments of the City by making better use of our server and storage infrastructure through consolidation. Server and storage consolidation involved moving many of our servers and most of our data to a redundant and virtualized environment. This environment has increased the efficiency of our use of IT resources and has saved the city significant dollars. This technology has allowed us to maximize our server efficiency, and gives us the ability to deploy servers/applications more quickly because we no longer have to configure, order, and wait for delivery of a new server. Additionally, we have improved our disaster recovery efforts because we now have a redundant offsite storage array which mirrors the contents of the storage array at City Hall. This new three year contract will also allow us to increase city storage needs. This is necessary due to increased demands from users and the addition of new technologies in our City. Additionally, the current software/hardware structure is becoming obsolete as these new products will offer more ability to meet our needs. We did receive a quote from another vendor, but we feel that Xiotech still best meets our needs in a cost effective and efficient manner. Attachment Xigent Solutions Terms and Conditions #41,-AXIGENT Xigent Solutions,LLC 17200 Medina Road,Suite 800 Quotation: 032513-Upgrade Plymouth,MN 55447-1295 Date: 4/5/2013 Mark O'Brien Customer Information P: (763)398-6884 City of Eden Prairie F: (952)525-0707 Michael Hutter M:(612)803-3457 (952)949-8520 ® obrienm(aixigentsolutions.com mhutter(aiedenprairie.orq © www.xigentsolutions.com _ NetApp Upgrades-Pricing is contingent on This quote is valid till 04/18/13. order placed no later than 04/18/13 Product ID HARDWARE — 1 F2240A-2-24X450-R5 FAS2240-2,HA,24x450GB,Dual CTL $ 25,762.50 2 X5526A-R6 Rackmount Kit,4-Post,Universal,R6 $ 180.00 4 X800E-R6 Power Cable North America,R6 $ - 1 DS2246-1011-24S-SK-R5 DSK SHLF,24x450GB,10K,FAS22xx,SK $ 21,513.60 2 X1150A-R6 CARD Mezzanine 2-port 8G FC $ 4,177.80 4 X6558-R6 Cable,SAS Cntlr-Shelf/Shelf-Shelf/HA,2m $ 540.00 1 X6560-R6 Cable,Ethernet,0.5m RJ45 CAT6 $ 5.40 2 X6561-R6 Cable,Ethernet,2m RJ45 CAT6 $ 16.20 1 TI-D-BASE Trade-in Credit,D,Platform Base $ (2,576.25) 1 FAS2240-4-R5 $ - 1 FAS2240-4-24X1TB-R5 FAS2240-4,24x1TB,Base $ 18,490.50 1 X5526A-R6 Rackmount Kit,4-Post,Universal,R6 $ 90.00 4 X800E-R6 Power Cable North America,R6 $ - 1 X1150A-R6 CARD Mezzanine 2-port 8G FC $ 2,088.90 8 X1558A-R6 Cabinet Component Power Cable,48-IN,R6 $ - 4 X6539-R6 SFP,Optica1,4.25Gb,R6 $ 648.00 4 X6553-R6 Cable,Cntlr-Shelf/Switch,2m,LC/LC,Op $ 450.00 1 TI-D-BASE Trade-in Credit,D,Platform Base $ (1,849.05) SOFTWARE 1 FAS2240-2-R5 $ - 2 FAS2240A-HA-SW-R5 FAS2240A,HA CFO Software,R5 $ - 2 SW-2240A-INSIGHT-BAL-C SW,OnCommand Balance,2240A,-C $ 2,520.00 2 SW-2240A-ONTAP8-P SW,Data ONTAP Essentials,2240A,-P $ - 2 SW-2240A-COMP-BNDL-P SW,Complete BNDL,2240A,-P $ 18,468.00 1 TI-K-SW Trade-in Credit,K,Software Returns $ (6,750.00) 1 SW-2240-INSIGHT-BAL-C SW,OnCommand Balance,2240,-C $ 2,205.00 1 SW-2240-ONTAP8-P SW,Data ONTAP Essentials,2240,-P $ - 1 SW-2240-COMP-BNDL-P SW,Complete BNDL,2240,-P $ 12,550.50 1 TI-K-SW Trade-in Credit,K,Software Returns $ (2,700.00) * SERVICES 120 X-PS Xigent Solutions Professional Services-NetApp upgrade installation and data $ 24,000.00 migration services estimate. Statement of Work(SOW)to follow. MAINTENANCE 1 CS-02-NOINSTALL-4HR SupportEdge Premium 4hr Onsite,w/o Install,3 years $ 18,244.32 1 CS-02-NOINSTALL-NBD SupportEdge Premium NBD Onsite,w/o Install,3 years $ 9,341.43 Total Hardware $ 69,537.60 Total Software $ 26,293.50 Total Services $ 24,000.00 Total Maintenance $ 27,585.75 Quote Total $ 147,416.85 1 Terms and Conditions of Sale All quotations and sales by Xigent Solutions,LLC are subject to these terms and conditions. 8. If customer's order is placed under a contract with the United States Government,Xigent 1. Except as otherwise set forth on the front of a Xigent Solutions invoice or acknowledgement, Solutions agrees to comply only with those contract provisions and regulations with which,pursuant terms of payment are net 30 days from invoice date;prices are FOB Xigent Solutions'facility(as to law,it must comply and of which customer has,at the time of order placement,placed Xigent defined by in the Uniform Commercial Code)and prices do not include any taxes,freight,handling, Solutions on written notice.In no event will United States Government Cost Accounting Standards duty or other similar charges,payment of which will be the sole responsibility of customer. Prices are apply.All rights in technical data and software owned or licensed by Xigent Solutions or the conditioned upon timely payment and any past due balance will accrue interest at the monthly rate manufacturer are hereby reserved and deemed restricted or limited.Unless specifically otherwise of one and one-half percent. Freight charges may be constructed on the basis of standard carrier agreed in writing by Xigent Solutions,customer acknowledges that products sold by Xigent tariffs and may not reflect actual transportation costs. Solutions are not intended for and will not be used in life support systems,human implantations, 2. In the absence of prior agreement as to shipping,Xigent Solutions may select carrier.Xigent nuclear facilities or systems or any other application where product failure could lead to loss of life or Solutions'responsibility for any loss or damage ends,and title passes when products are delivered to catastrophic property damage.Customer will indemnify and hold Xigent Solutions harmless from the carrier,to customer,or to customer's agent(including without limitation,any test house or value any loss,cost or damage resulting from customer's breach of the provisions of this paragraph. added service provider),whichever occurs first.Customer will pay for storage charges if Xigent 9. Products may be subject to export or resale restriction or regulation,and customer Solutions holds products at customer's request pending instructions or rescheduled delivery. acknowledges that it will comply with such restrictions and regulations.Any statement as to product 3. Xigent Solutions warrants these products assembled or customized by it against defects caused country of origin,Export Control Classification Number,or compliance with applicable law(including, solely by faulty assembly or customization for 180 days after delivery. All other products,and the without limitation,that products are lead-free or RoHS compliant)is as provided to Xigent Solutions components and materials utilized in any assembled or customized products are covered by,and subject to,the terms,conditions,and limitations of the manufacturer's standard warranty,which by its suppliers,and Xigent Solutions does not warrant its accuracy and will not be liable for any warranty is expressly in lieu of any other warranty,express or implied of or by Xigent Solutions or the error with regard to same.Customer uses such information at its own risk. manufacturer.Customer's exclusive remedy,if any,under these warranties is limited,at Xigent 10. Xigent Solutions certifies that it complies with all applicable requirements of Sections 6,7 and Solutions"election to any one of(a)refund of customer's purchase price,(b)repair by Xigent 15 of the Fair Labor Standards Act,as amended,and of regulations and orders of the United States Solutions or the manufacturer of any products found to be defective,(c)replacement of any such Department of Labor issued under Section 14 thereof. product.Customer acknowledges that except as specifically set forth or referenced in this paragraph. 11. Except for the warranty coverage referenced in paragraph 3,above,NEITHER XIGENT THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND(INCLUDING WITHOUT SOLUTIONS NOR IT'S SUPPLIERS WILL HAVE ANY LIABILITY OR OBLIGATION TO CUSTOMER OR ANY LIMITATION,IN ADVERTISING MATERIALS,BROCHURES OR OTHER DESCRIPTIVE LITERATURE)EXCEPT OTHER PERSON FOR ANY CLAIM,LOSS,DAMAGE,OR EXPENSE CAUSED IN WHOLE OR IN PART, FOR XIGENT SOLUTION'S WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AS IDENTIFIEDIN THE DIRECTLY OR INDIRECTLY BY THE INADEQUACY OF ANY PRODUCTS FOR ANY PURPOSE,BY ANY REQUEST FOR PROPOSALS AND IN XIGENT SOLUTIONS RESPONSE,BY XIGENT SOLUTIONS OR ANY DEFICIENCY OR DEFECT IN ANY PRODUCT(WHETHER OR NOT COVERED BY ANY WARRANTY).BY THE OTHER PERSON,EXPRESS OR IMPLIED AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, USE OR PERFORMANCE OF ANY PRODUCTS OR BY ANY FAILURE OR DELAY IN XIGENT SOLUTIONS, THEIR MERCHANTABILITY,OR OTHERWISE XIGENT SOLUTIONS ASSUMES NO RESPONSIBILITY OR HEREUNDER,OR FOR ANY SPECIAL,DIRECT,INDIRECT,INCIDENTAL,CONSEQUENTIAL,EXEMPLARY, LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR PUNITIVE DAMAGES,HOWEVER,CAUSED,INCLUDING,WITHOUT LIMITATION,PERSONAL INJURY OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO XIGENT SOLUTIONS BY OR ON OR LOSS OF BUSINESS OR PROFIT,WHETHER OR NOT CUSTOMER WILL HAVE INFORMED XIGENT BEHALF OF CUSTOMER. Use of the customer's part number on any document or any products is for SOLUTIONS OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. convenience only and does not constitute any representation by Xigent Solutions with respect to the 12. The performance of any value-added service may void the manufacturer's warranty and render performance,specifications,or fitness of any part for any purpose. products non-returnable.Orders incorporating such services are,accordingly,non-cancelable and the 4. Xigent Solutions retains a purchase money security interest in all products sold by Xigent products are non-returnable.Any third party value-added service provider is deemed to be an agent Solutions to customer and in the proceeds of any resale of such products,until the purchase price of customer. and any other charges due to Xigent Solutions have been paid in full.Upon any breech by customer of 13. Any software or other intellectual property included in or relating to products is supplied by its these terms and conditions,Xigent Solutions will have all rights and remedies of a secured party manufacturer or licensor.Xigent Solutions makes no representation or warranty with respect under applicable law,which rights and remedies will be cumulative and not exclusive.Customer is thereto and will have no liability in connection therewith.Customer agrees to comply with all responsible for all costs and expenses incurred by Xigent Solutions in collecting sums owing by requirements with regard to proprietary and similar rights in and to any intellectual property customer(which may include,but are not limited to,collection agency and reasonable attorney's (including any requirement to enter into a separate license agreement and prohibitions against fees).Xigent Solutions shall have the right to offset any sum owed by Xigent Solutions to Customer duplicating or disclosing the same),even if Xigent Solutions has broken the seal on any"shrink- against any sum owed by Customer to Xigent Solutions.All transactions are governed by the laws of wrapped"software.If Customer provides Xigent Solutions with any intellectual property,Customer the State of Minnesota.The parties waive any right to trial by jury. warrants that it has all necessary legal rights to such property.Customer will indemnify Xigent 5. Products are deemed accepted by customer unless customer notifies Xigent Solutions in writing Solutions against and hold it harmless from any and all liability cost or expense arising from a breach within 10 days of the completionof the planned implementation program of product shortages, or purported breach of the requirements described in this section. damage or defect.No returns may be made for any reason without a Return Authorization Form 14. Xigent Solutions may assign accounts receivable to a Xigent Solutions affiliate.In order to issued by Xigent Solutions.If customer refuses to accept tender or delivery of any products or returns defray the cost of customer account administration,any credit balance or other sum owed to any products without authorization from Xigent Solutions,such products will be held by Xigent customer which remains unclaimed by customer for a period of eighteen months will become the Solutions awaiting customer's instruction for 20 days,after which Xigent Solutions may deem the property of Xigent Solutions. products abandoned and dispose of them as it sees fit,without crediting customer's account. 15. No order or Customer obligation may be cancelled,rescheduled,reconfigured,or assigned 6. Xigent Solutions will not be liable for any failure or delay in its performance or in the delivery or without Xigent Solutions'prior written authorization and in such event,customer will be liable to shipment of products,or for any damages suffered by customer by reason of such failure or delay, when such failure or delay is caused by,or arises in connection with any fire,flood,accident,riot, Xigent Solutions for any additional costs and expenses incurred by Xigent Solutions.Prices are earthquake,severe weather,war,governmental interference or embargo,strike,shortage of labor, subject to change by Xigent Solutions upon customer rescheduling or reconfiguration of orders. fuel,power,materials or supplies,delay in delivery by Xigent Solution'suppliers or any other cause Prices are also subject to change in response to supplier price increases or if a price has been quoted or causes beyond Xigent Solutions'reasonable control.Xigent Solutions reserves the right to cancel in error,whereupon customer may cancel the undelivered portion of any affected order by delivering without liability any order the shipment of which is or may be delayed for more than 30 days by written notice to Xigent Solutions prior to the shipment thereof and within 10 days of its receipt of reason of any such cause. Xigent Solutions reserves the right to allocate in its sole discretion among notice of the price increase. customers or potential customers or defer or delay the shipment of any product which is in short supply. 7. This document,and not any purchase order or other customer document(which,if construed to be an offer is hereby rejected)will be deemed an offer or counter-offer and is a rejection of any other (Company Name) terms or conditions.Customer,by accepting any products,making any payments or ordering any products having previously received these terms and conditions,will be deemed to have assented to these terms and conditions,notwithstanding any terms contained in any prior or later communication from customer and whether or not Xigent Solutions will specifically or expressly (Buyers Name) object to any of customer's terms.Xigent Solutions'failure to object to any document communication or act of customer will not be deemed a waiver of any of these terms and conditions.Any addition or change to these terms and conditions must be specifically agreed to in writing by a duly authorized officer of Xigent Solutions before becoming binding on Xigent Solutions. (PO Number) (Today's Date) (Buyers Signature) 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILS. Alecia Rose, Approve 3.5 year agreement with Cigna to Human Resources Division underwrite our LTD and Life Insurance policies, and administer our STD and FMLA processes. Requested Action Move to: Approve 3.5 year service agreement with Cigna for underwriting the City's Long Term Disability and Life Insurance policies and administering our Short Term Disability and Family Medical Leave Act provisions in the amount of$76,277 per year for a total of$266,969 over 3.5 years. Synopsis As required by Minnesota State Statute the City sent out a Request for Proposal for Life and LTD services in February 2013. The City also included Short Term Disability and Family Medical Leave Administration in this request as it is increasingly time intensive and litigious with the multiple deadlines and federal regulations to navigate. Cigna was awarded the business and had the lowest bid for all services requested. Benefits of Cigna's administration include: • A lower life insurance rate • A 3.5 year rate guarantee • Ability to align all of our benefits to a 1/1 effective date • Reduced exposure to FMLA claims with Cigna taking all liability Attachment Cigna Application for Services Client Application Cigna Group Insurance t Life ' Accident • Disability Life Insurance Company of North America Connecticut General Life Insurance Company r' Cigna Life Insurance Company of New York t-1 g t UNDERWRITING COMPANY n Life Insurance Company of North America n Cigna Life Insurance Company ofNew York • Connecticut General Life Insurance Company ❑ Cigna Behavioral Health,Inc.(for Life Assistance Program and Employee Assistance Program) Attachments for Customer Review Appointment of Claim Fiduciary * n ADEA Notice n Life Assistance Program Agreement * n Disclosure of Producer Compensation Practices ❑ Limited Agency Agreement n Employee Assistance Program Agreement *signature required 0 Privacy Notice To assure operational readiness and accurate set-up of your eorrlracl/afgreenrent(S)you MUST provide the information requested) below. EMPLOYER INFORMATION - SECTION I To be completed fur all coverages EMPLOYER FULL LEGAL NAME Please include exaci abbreviations,punctuation and/or capitalization. CO,MPANY'1'AX ID if City of Eden Prairie 41-0855460 STREET ADDRESS CITY STATE ZIP CODE 8080 Mitchell Road Eden Prairie MN 55344 PRIMARY CONTACT TITLE PHONE PHONE EXT. FAX Lori Kerns FIR Rep 952.949.8431 952-949-8589 E-MAIL lkernsgedenprairie,org AFFILIATED COMPANIES Please complete the following hlfa'rnatlon if there are employees working for an affiliated company and they are eligible for coverage. AFFILIATE NAME(I) TAX ID ii SEPARATE BILLING GROUP? NUMBER OF EMPLOYEES TED for Southwest Transit? n Yes n No STREET ADDRESS CITY STATE ZIP CODE CONTrwer NAME ` ITQNE PHONE P,XT. E-MAIL if mare space it-needed jiw arblitienal affiliates,billing,groups or contacts,pleatir'provide the Win—motion requested above oa the attached Additional A4ncspage, GENERAL PLAN AND COVERAGE INFORMATION - SECTION II To be completed for all coverages If policy effective date and/or anniversary date varies by coverage(s)please identify here. Policy Effective Date LTD:6/1/13,STD/FMLA:TBD Policy Anniversary Date January 1st En►ployee Eligibility, Waiting Period & Earnings Definition(s) Eligibility Waiting Period Time employee must work before becoming eligible for insurance coverage. [ I No Waiting Period [ 130 days [ 160 days n 90 days 1 month [ 13 months El Other STD after one year of employment; LTD none-date of hire Class Specific Waiting Period Complete only if Eligibility Waiting Period is different by class, Class I [ I No Waiting Period n 30 days El 60 days I—I90 days n I month n 3 months n Other Class 2 n No Waiting Period n 30 days n 60 days 1-190 days n I month [ 13 months n Other Class 3 n No Waiting Period n 30 days [n 60 days n 90 days n I month n 3 months n Other Are there any union employees part of the eligible class? In Yes n No Do you provide coverage for retirees? n Yes n No Is there any level of coverage provided to a special group of employees outside of the current plan parameters or to a population that is not actively at work? n Yes n No If yes,describe in the space provided below. (It is required that Cigna have a list of these individuals on tile.The list should include Employee Name,Gender,Date of Birth and Coverage Amount), Menu atili,Tc the aitachrd:I ddmnnat Notes page to identift my additional classes or if Jr.,ibthii differs hi,coverrr,t,,c. 831552 Rev.0812012 Page 1 of8 GENERAL PLAN AND COVERAGE INFORMATION - SECTION II (Continued) To be completed for all coverages Active Service Definition An Employee will be considered in Active Service with the Employer on a day which is one of the Employer's scheduled work days if either of the following conditions are met. I. He or she is actively at work.This means the Employee is performing his or her regular occupation for the Employer on a Full-time basis, either at one of the Employer's usual places of business or at some location to which the Employers business requires the Employee to travel. 2. Applicable only to Life and Accident Coverage. The day is a scheduled holiday, vacation day or period of Employer approved paid leave of absence, other than disability or sick leave alter 7 days. An Employee is considered in Active Service on a day which is not one of the Employer's scheduled work days only it'he or she was in Active Service on the preceding scheduled work day. 2. Applicable only to Disability Coverage. The day is a scheduled holiday or vacation day and the Employee was performing his or her regular occupation on the preceding scheduled work day. Do you have anyone who is not actively at work due to disability and are now in the waiver waiting period? n Yes D No If Yes,these employees should appli'.for waiver immediately with the previous carrier. Individual Effective Date Date employee is eligible for insurance coverage once eligibility waiting period has been satisfied. n On the date eligibility waiting period is satisfied n First of the month on or after completion of the eligibility waiting period n On the day following completion of the eligibilty waiting period Cigna standard is to not provide dual coverage for married couples. Class Change Effective Date Complete only if more than one class. Date of Change n First of the month following Date of Change n Anniversary Date n Other Earnings Change Effective Date Date an employee's amount of insurance resulting from a change in the Employee's earnings will take effect n Date of Change n First of the month following Date of Change n Anniversary Date n Not Applicable n Other Age band changes n Policy Anniversary n Date of Change n First of the month following Date of Change n Jan 1 n Not Applicable n Other Benefit Reduction Effective Date n Date of Change n First of the month following Date of Change n Anniversary Date n Not Applicable n Other Continuation of Insurance Allows insurance to he continued if an employee is no longer in active service. Premium payment is required If applicable to your plan,please indicate maximum duration for each leave type listed. FML Leave n The later of 12 weeks or the leave period required by state law(would include Military Caregiver Leave) n Other Approved Unpaid Leave of Absence* n End of the Month in which the leave began(standard) n End of the Month following the month the leave began n None n Days n Weeks n Months Layoff* n None(standard) n Days n Weeks n Months n End of the Month in which the layoff began n End of the Month following the month the layoff began *These continuation options are not applicable to Disability Coverages If any other Leave Types apply to your plan,please define(i,e.:Sabbatical,Military)and indicate maximum timeframes in the space provided below. Extended Illness bank- Employee cannot use 1/3 day PTO time while receiving 2/3 LTD benefit. (claims team with cigna- Kim/Alison to note!) Cigna would like a listing of employees who currently fall under these parameters for our claims team. Intake scripting will need to be specialized internally with Cigna. 831552 Rev.0812012 Page 2 of 8 GENERAL PLAN AND COVERAGE INFORMATION - SECTION I..I (Continued) To be completed for all coverages Covered Earnings Definition Same definition for All Classes and Coverages(s) n Yes ❑x No If No, define below as applicable: Employee's annual wages or salary,excluding extra compensation,bonus,commission,and overtime,except Police officers includes Incentive pay ❑X Basic Earnings Only - Standard Wage or Salary as reported by the Employer; excluding commissions, overtime, bonuses or any additional extra compensation. ❑ Basic Earnings hncluding ❑ Bonus n Commissions n Overtime n Incentive Pay n Other: Bonus and/or Commissions averaged over ❑ 12 months n 24 months ❑ 36 months ❑ W2 Basic Earnings Including ❑ Bonuses ❑Schedule K n Pre-Tax Contributions n Other: LIFE PLAN COVERAGE INFORMATION Beneficiary Maintenance ❑Paper ❑ Electronic(if electronic,agreement will be provided for signature) Life Plan Section 125 ❑ Yes ❑ No Do you allow Employees to make election changes at any time throughout the year? ❑ Yes ❑ No Medical Underwriting is required for an Employee if they are a late entrant.Does this match your administrative practice? ❑ Yes ❑ No If No,what amount of Guaranteed Coverage is provided? Arc Domestic Partners Covered? ❑ Yes ❑ No if Yes ❑Some Gender ❑Opposite Gender If state mandated ❑Registered ❑ Full If Domestic Partners arc covered,does Cigna need to provide you with an affidavit? ❑Yes ❑No if No,please provide Cigna with the affidavit that will be utilized. Calculation of Spouse Premium is based on ❑ Spouse Age ❑ Employee Age Spouse coverage ends when the Spouse reaches age 70.Does lids match your administrative practice? ❑Yes ❑No If No,please provide the age that spouse coverage will end. Please note that the spouse will have the same benefit reduction schedule as the Employee. Maximum Age for Dependent Child Benefits Full-time Student Status Required? ❑yes ❑ No If Yes,please provide maximum child age without student requirement. Is Financial Dependency for Child Benefits Required? ['Yes ❑ No Rounding for Times Salary Plans-Salary is multiplied first then rounding ocenrs ❑Yes ❑ No If No,please describe: Rounding for Increment Units Plans ❑ Rounding Up ❑ Rounding Down ❑ Nearest ACCIDENT PLAN COVERAGE INFORMATION Beneficiary Maintenance n P• aper n Electronic(f electronic, agreement will be provided for signature) Domestic Partner CoveredNoIf state n Y• es n If�T es n Same Gender ❑Opposite Gender mandated n Registered n Full Secure Travel n Yes n No Must Voluntary Accident amount match the Voluntary Life Election? ❑ Yes n No If Yes,Is it an independent election or automatic match? ❑ Independent Election n Automatic Match if Disability Coverage was not purchased please proceed to Section IV. DISABILITY PLAN COVERAGE INFORMATION Short Term Disability Coverage Only Weekly disability benefits are based on the number of days in a normally scheduled work week.They will be prorated if payable for any period less than a week.Do your employees work a 5 or 7 days work week? n 5 Day Work Week n 7 Day Work Week Your response impacts the daily benefit amount. Benefits will be prorated on a 5 or 7 day basis.If your hours of operation include weekends or shift work schedules ii is recommended that you select 7 day work week. Self Insured Disability Plans Only Does the Maximum Benefit Period include the Benefit Waiting Period? n Yes n No Benefit Waiting Period is based on ❑X Calendar Days n Business Days Who is responsible for payment of ancillary costs? n Employer IA Employee n Other:employer would like to be notified if the employees are being charged the fees. 831552 Rev.08/2012 Page 3 of 8 DISABILITY PLAN COVERAGE INFORMATION (Continued) ' Statutory Coverage Information Do you have Employees working in statutory states? ❑ Yes n No If Yes,please check the bares below to indicate coverage type. Is CIGNA providing any statutory coverages? ❑ Yes ❑X No Your CIGNA Sales Representative will generate a separate quote if not already provided. We may also provide additional state required application forms for policy issuance. ❑ California n New York ❑New Jersey* n Rhode Island n Puerto Rico Number of males Number of males Number of females Number of females *Please provide prior carrier DPI ifavailable. n Hawaii Hawaii DOL Number: Hawaii Address: Number of males Number of females DISABILITY CLAIMS STRUCTURE & ADMINISTRATIVE CLAIMS REPORTING Claim Structure Set-Up is it necessary to provide claims reporting by department or division? n Yes n No If Yes, list desired reporting location(s)below. Note:Employees will be required to identify their location when reporting claim. Reporting Location(s)(i.e., Hourly, Salary, Union,Non-Union,Location, Region,Sales, Manufacturing) STD: Break out by***TBD***(titles,classifications,etc.) city to determine LTD: Break out by Southwest Transit along with STD break out**TI3D** Claim Reporting Set-Up On-line Reporting access is providedfor all Disability Coverage. Primary contact will have full administrator access to reporting functions and ability to delegate access functions. (AIUST be an Employee of the Company). Name an alternate administrator contact below, if needed. ALTERNATE ADMINISTRATOR(Mist be an Employee-can delegate access to other users and has full access to reporting functions) Christine Ruzek ADDRESS CITY STATE ZIP CODE 8080 Mitchell Road Eden Prairie MN 55344 PHONE EMAIL 952,949.8428 cruzek@edenprairie.org edenprairie.org a. Any additional users to be set-up during implementation for online reporting access? n Yes n No If Yes,please provide list that includes Name,Address and Email. b. Can these users access reports for all locations? nl'es FNo If No,you must also specify applicable reporting locations by user. e, Select day for posting of Weekly STD Status Reports n NI n T n 1V n TIt n IF STD Closed claims will appear for 2 weeks. d. LTD Reports will lie posted on the first day of each month LTD Closed claims will appear for 2 months. e, Employee Name appears on claim reports.Please select an additional identifier if needed. n EE Social Security Number n EE ID Number f. Would you like access to new claim intake reports? n Yes n No g. Is there any other Company Name the Employee could use when reporting a claim? n Yes n No If Yes,please list the Company Names: Southwest Transit h. Please provide Employer contact for Eligibility Verification, n Primary contact identified on page 1. nOther contact name:Kathy Iloogcnakker Other contact e-mail: khoogenakkeredenprairic.org i. Would you like to receive an email notification when new reports are posted? n Yes n No j. In addition to having report access,would you like to be copied on claim decision letters? n Yes n No k. If Cigna Healthcare is your medical provider,should outreach letters be sent to Employees? ❑ Yes n No Please provide contact for claim decision letters if other than primary contact identified on page 1. NAME EMAIL Alecia Rose arose eedenprairie.org ADDRESS CITY STATE ZIP CODE 8080 Mitchell Road Eden Prairie MN 55344 831552 Rev.08/2012 Page 4 of 8 DISABILITY PLANS - EMPLOYER CONTRIBUTION, TAX ANI) YEAR-END REPORTING INFORMATION - SECTION HI I. Exemption from Social Security/Medicare Taxes Select appropriate reason if your disability plan is exempt from Social Security and Medicare taxes: n Religious Institution n Charitable Institution n Other(Spec) Indicate if Plan is issued to a union,a creditor,or an association which is exempt from Social Security taxation lithe employer is neither a party to the contract or a contributor to plan costs: n Union Creditor n Professional Association II.Employee Contribution Percentages Short Term Disability n All employees contribute %of disability policy premium on a post-tax basis. n Employees contribute on a pre-tax basis(considered 100%employer contributions). n Employer contributes 100%of cost. n Contribution percentage varies by benefit,plan or division. Is this a Tax Choice Plan? n Yes n No Is this a STD gross up plan? n Yes n No Long Term Disability n All employees contribute %of disability policy premium on a post-tax basis. n Employees contribute on a pre-tax basis(considered 100%employer contributions). n Employer contributes 100%of cost. n Contribution percentage varies by benefit,plan or division. Is this a Tax Choice Plan? n Yes n No Is this a LTD gross up plan? n Yes n No III,Tax Reporting of Self-Insured Benefits(Does not apply to"advice to pay") n Benefits are paid from a trust(e.g.501(c)(9)trust)which bears an insurance risk. n Benefits are paid from general assets. n Mandatory FIT Witholding n W 1 Based Witholding Indicate the address where the ASO tax reimbursement check should be sent: Attention: Mailing Address: IV.Address to which tax reports should be sent(All tax reports will be sent to the primary contact unless indicated otherwise below.) Attention: Mailing Address: nReporting should be to multiple addresses. Provide address information on the attached Additional Notes page. Include suffix/ division code,coverage code,employee post-tax contribution percentage,federal EIN and employer address, V. Services Self Insured Short Term Disability n W2 Services n W2 Services with Employer FICA Depositing Service !List of Payments Only(Employer will prepare and report W2's) Services Short Term Disability Policy n W2 Services n W2 Services with Employer FICA Depositing Service (This service is not available on 100%Employee paid disability plans.Also, if not previously confirmed selecting this option may require a rate review.) nList of Payments Only(Employer will prepare and report I'2's) Services Long Term Disability Policy !W2 Services n W2 Services with Employer FICA Depositing Service (This service is not available on 100%Employee paid disability plans) n List of Payments Only(Employer will prepare and report 11'2 s) If W2 services are selected,please review the attached Limited 4gency Agreement for complete disclosure of terms and conditions. Annual Wage and Tax Statement, Form- ll'2 will be matted to the Employees home address unless otherwise specified LIFE ASSISTANCE PROGRAM INFORMATION - SECTION IV !Life Assistance Program "LAP" 3 visit clinical sessions n 5 visit clinical sessions Full Employee Assistance Program "EAP"(includes up to 3 clinical sessions and Employer Service hours of 10 per 1,000 employees) Until the LAP or EAP Agreement is finalized and executed,all services provided by CIGNA Behavioral Health,Inc.shall be in accordance with the terms of CIGNA Behavioral's standard LAP or EAP Agreement. Employer shall reimburse CIGNA Group Insurance for CIGNA Behavioral LAP or EAP services through the agreed upon combined product and LAP or EAP services rate. The parties agree to negotiate in good faith the terms of the definitive LAP or EAP Agreement,and to execute such Agreements as soon as practicable.Once the LAP or EAP Agreement is finalized,that agreement will supersede this Application and will apply retroactively to the effective date of CIGNA Behavioral's administration of the LAP or EAP services. By signing this Application,Employer indicates acknowledgement of and agreement with this arrangement. 831552 Rev,08/2012 Page 5 of 8 ERISA PLAN INFORMATION - SECTION V Please refer to the attached ERISA Coverage Worksheet to determine whether a policy is issued in conjunction with ERISA. In general, any group insurance policy issued to an employer to insure employees,or to a labor union to insure union members,is subject to ERISA. Does your Company file annual ERISA reports? [ Yes ID No If Yes,please complete the following information. ERISA PLAN NAME ERISA PHONE NUMBER ER1SA PLAN NUMBER(S) Life n Acc n STD n LTD PLAN OF BENEFITS n Employer n Employer Employer C Employer IS FINANCED BY n Employees [ Employees Employees ❑ Employees n Employer& E Employer& E Employer& n Employer& Employees Employees Employees Employees PLAN YEAR ENDS ❑ Calendar Year n Policy Year(Anniv) Fiscal Year(provide fiscal year date), PLAN ADMINISTRATOR Employer n Other-If other,please provide Name Address AGENT FOR LEGAL PROCESS Same as Plan Administrator n Other-If other,please provide PREMIUM AND BILLING INFORMATION - SECTION VI Premium Administration CIGNA Easy Bill? n Yes(Census Required) n No Complete information below for on-line billing platform. a. Please list each desired billing location(s) Southwest Transit separate paycode b. Will we receive payment from each Billing Location? n Yes [ No, assumes one payment will be remitted from the billing contact identified on page 1. Billing Contact Name: Kathy Hoogenakker Phone: 952-9,19-8374 E-mail:khoogenakker@edenprairie.org Billing Contact Name: Mel Rozenbloom Phone: E-mail: VOLUNTARY ENROLLMENT INFORMATION _ SECTION VII Enrollment Event n Yes Event Start Date a End Date [ No *Please indicate the last day the employee is allowed to sign the enrollment application/EVI Date Enrollment Materials needed Printed Brochures required? [ Yes C No If Yes,please provide distribution instructions including physical address, contact name,phone number and quantity needed by class on a separate page. Combine Enrollment Brochures for Voluntary Life and Voluntary Accident Coverages? n Yes [ No Please note Medical Underwriting Status Report will be sent to Primary Contact unless otherwise indicated below. NAME ADDRESS CITY STATE. ZIP CODE PRODUCER/GENERAL AGENT COMMISSION INFORMATION- SECTION VIII Writing Agent currently appointed with Cigna Group Insurance in group sites state? n Yes n No I/applicable,our Central Licensing Department will provide uppointntent pat'Auge jor completion. PRODUCER/GENERAL AGENT COMPANY NAME COMMISSION TAX ID tf CRIZ 31-1582098 PRODUCER NAME(WRITING AGENT) TITLE Ramona McCrce Account Executive STREET ADDRESS CITY STATE ZIP CODE PHONE EMAIL ' 222 South 9i11 Street Minneapolis MN 55,102 612.06.4613 mccree@Cbiz.com LICENSING CONTACT NAME AT PRODUCER/GENERAL AGENT OFFICE PHONE EMAIL DAY TO DAY PRODUCER CONTACT NAME PIIONE EMAIL IS PRODUCER A GENERAL AGENT? n Yes �X No If Yes,please provide Sub-Producer Contact Information SUB-PRODUCER COMPANY/CONTACT NAME PHONE PHONE EXT. EMAIL STREET ADDRESS CITY STATE ZIP CODE 831552 Rev.08/2012 Please continue to complete this section on nest page. Page 6 of 8 PRODUCER/GENERAL AGENT COMMISSION INFORMATION- SECTION VIII (Continued) COMMISSION PAID TO rj Individual n Corporation n N/A(no commission pai(? n Life n Accident Ni S'I'D n LTD' n S• tandard Blanket in Standard Blanket n Standard Blanket [5—(1 Standard Blanket Commission Commission Commission Commission n C• ase Specific n Case Specific n Case Specific n Case Specific Commission % Commission % Commission 0% Commission Utilize this space to identify any other commission arrangements not specified above. STD is net of commissions;LTD is a graded 15% (1/SpIit Commission complete,Second Producer'information below) SECOND PRODUCER INFORMATION(For split commissions) ' Writing Agent currently appointed with Cigna Group Insurance in group situs state? n Yes n No SECOND PRODUCER COMPANY NAME COMMISSION TAX Ii)# SECOND PRODUCER NAME(WRITING AGENT) TITLE STREET ADDRESS CITY STATE ZIP CODE PHONE EMAIL LICENSING CONTACT NAME AT SECOND PRODUCER OFFICE PHONE EMAIL DAY TO DAY SECOND PRODUCER CONTACT NAME PHONE EMAIL COMMISSION PAID TO I [Individual n Corporation n N/A(no commission paid) n Life n Accident n STD n LTD n Standard Blanket n S• tandard Blanket n Standard Blanket n Standard Blanket Commission Commission Commission Commission n Case Specific n C• ase Specific n Case Specific n Case Specific Commission % Commission % Commission % Commission % ll mare space is rewire /or additional contact information,please attack on rr separate page. ' EMPLOYER REPRESENTATIVE SIGNATURE We acknowledge receipt of this Implementation Kit. We confirm the accuracy of the proposal from the insurance company named above and hereby accept the terms and conditions of the proposal and any attachments or modifications made to the proposal. We confirm the accuracy of the plan and coverage identification information contained in Section 11 and agree to the premium billing information contained in Section VI.We hereby request the issuance of insurance policies on the basis of this coverage and premium billing information. If applicable,we authorize LINA Benefit Payments,Inc.to perform the tax-related services related to our disability benefits described in Section III. We confirm the appointment of our producer identified in Section VIII above and authorize payment of compensation as described therein. We acknowledge receipt of the Privacy Notice. We understand that the following insurance policies arc to be issued to the Group Insurance Trust for Employers in the PUBLIC ADMINISTRATION 9111-9721 Industry. SIC Code 9111 TRUST ISSUED POLICY TYPE n Life n Accident n S'TD n LTD We hereby adopt the above-named trust as co-senior and subscribe to that trust for the purpose of participation in these policies,which shall only cover our eligible employees, and, if applicable, retirees and dependents. We confirm the appointment of Wilmington Trust Company as Trustee, and of Life Insurance Company of North America("LINA")as ttusst administrator. We appoint LINA, in its capacity as trust administrator,to represent us in dealings with the Trustee related to the insurance trust.We understand that,in the event the policy(ies)arc terminated for any reason,we will cease to be a participant in the insurance trust. We understand that no benefits are provided by the trust other than the benefits described in the insurance policy(ies). Authorized Employer Representative Authorized Employer Representative (please print name here) (please sign name here) Date Cigna INTERNAL USE - TO BE COMPLETED UPON RECEIPT OF COMP'LETi?D AND SIGNED DOCUMENT Assigned Policy Number(s) SI1D962275 ENIL962275 1,1(963737 STD ATP FAILA 1,II) `�°'3 Cigna. Cigna Group Insurance Life • Accident • Disability 831552 Rev.08/2012 Page 7 of 8 ADDITIONAL NOTES ' llcl Rozcnbloont billing contact for Southwest Transit Cigna will set up separate paycode ibr Southwest'Transit 831552 Rev.08/2012 Page 8 of 8 Plan and Rate Confirmation City of Eden Prairie Long Term Disability Advice To Pay Short Term Disability ec lye: ong erm I isa•I I y • ATP Short Term Disability TBD Go You- .#, a . „trCigna "Cigna," "Cigna Group Insurance" and the "Tree of Life" logo are registered service marks of Cigna Intellectual Property, Inc., licensed for the use by operating subsidiaries of Cigna Corporation. All products and services are provided exclusively by such operating subsidiaries and not by Cigna Corporation. As used in this proposal, these service marks refer to the insurance company which has issued this proposal. - 1 - Short Term Disability Administrative Services Plan and Rate Confirmation Policy number: SHD962275 City of Eden Prairie Effective: TBD Administrative Services ATP including benefit determination and duration. The Customer Offering retains the responsibility for calculating the benefit and for issuing the benefit checks based on advice provided by CIGNA. Eligibility All active, Regular Full-time and Regular Part-time Employees of the Employer. Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: After the 1st year of employment from the date of hire For Employees hired after the Policy Effective Date: After the 1st year of employment from the date of hire Weekly Benefit 100% of employee's pay Weekly Minimum Benefit None Benefit Waiting Period 7 days for accident 7 days for sickness Maximum Benefit Duration 90 days (includes benefit waiting period) Accumulated Sick Leave Not included (sick leave is treated as an offset) Definition of Disability Own Occupation Earnings Test 80% Integration Type No offsets **TBD** Kim to send sample Plan doc City to determine which to include*** 1st Day Hospitalization Included Coverage Type Non-Occupational Short Term Disability Fee Summary Coverage Monthly Fee STD ASO Fees* $1.950 per employee Ancillary Fees* At cost Optional Services Not applicable Fees* * The monthly per employee fee does not include expenses for ancillary expenses such as obtaining medical evaluations, information or records or optional services. Fees are guaranteed for 42 months —January 1st anniversary date to line up with the effective date/rate guarantee OPEN - 2 - Long Term Disability Insurance Plan and Rate Confirmation Policy number: LK963737 City of Eden Prairie Effective: 6/1/2013 Eligibility Class 1: All active, Full-time Employees of the Employer classified as City Managers or Department Heads/Directors regularly working a minimum of 32 hours per week. Class 2: All active, Full-time Employees of the Employer regularly working a minimum of 32 hours per week, excluding City Managers or Department Heads/Directors. Class 3: All active, Full-time Police Officers of the Employer regularly working a minimum of 32 hours per week.. Class 4: All active, Full-time Southwest Transit Employees regularly working a minimum of 32 hours per week. Monthly Benefit 60% to a maximum of$8,500 Benefit Waiting Period 90 days Definition of Disability Class 1: Own Occupation to Age 65 Class 2: 36 Months Own Occupation Class 3: 36 Months Own Occupation Class 4: 36 Months Own Occupation Definition of Covered Class 1: Employee's annual wages or salary, excluding extra Earnings compensation, bonus, commission, and overtime. Class 2: Employee's annual wages or salary, excluding extra compensation, bonus, commission, and overtime Class 3: Employee's annual wages or salary, including Incentive Pay, and excluding extra compensation, bonus, commission, and overtime Class 4: Employee's annual wages or salary, excluding extra compensation, bonus, commission, and overtime. COLA Adjustment Percent 3% COLA Duration 10 Years COLA Waiting Period 12 Months Earnings Test 80/80 AND Taxation of Benefits Benefit Not Taxable Benefits below apply to the following classes: 1, 2, 3, 4 Accumulated Sick Leave Not included in Benefit Waiting Period Minimum Benefit $100 or 10% of benefit TBD Maximum Benefit Duration To Age 65 - 3 - Benefit Reduction Schedule Traditional graded scale to 65 Age at Disablement Duration of Benefits 59 or younger To Age 65 60 5 years 61 4 years 62 3-1/2 years 63 3 years 64 2-1/2 years 65 2 years 66 1-3/4 years 67 1-1/2 years 68 1-1/4 years 69 and over 1 year Integration Type ll Family **TBD n+ ratio, does .,,gip + d ,� is n or �-irrc ,-�crvrr-crv�T E'a�c-c�cr 21�ue�lr�--'�'r�acT the Plan** Bent to work on this take away. 4/5: Underwriting has approved to match existing Primary integration. City of Eden Prairie to determine if SS Retirement should be offset only if the insured is participating in the Plan. Survivors Benefits 3 months lump sum Employer Contribution 0% (gross up — mandatory participation) Pre-Existing Condition 3 months Prior/12 months Insured Limitation Mental Illness Limitation 24 Month Lifetime Limitation Substance Abuse Limitation 24 Month Lifetime Limitation Chemical Sensitivity No Limitation Limitation Subjective Symptom No Limitation Limitation Return to Work Incentive Included Rehabilitation Program Included Life Assistance Program Excluded **TBD talking through with Ben** - City may proceed with stand alone EAP benefit. Long Term Disability Rate Summary Coverage Monthly Rate per$100 of Monthly Covered Payroll LTD $0.29 Rates are guaranteed for 43 months with 1/1 anniversary date CIGNA Group Insurance contract language will be used without modification. CIGNA Group Insurance will not duplicate the existing policy language but will attempt to match the intent of disclosed policy provisions at the time of quote. This document is neither an insurance contract nor an agreement for administrative insurance services. You will receive a contract of insurance, plan documents, and/or service agreement that describes the final benefit and service selections agreed by you and CIGNA Group Insurance. This is a working - 4 - document that is used to finalize and capture plan design details for the purpose of creating the policies/agreement for your coverages. This is not for distribution to Employees. ❑ I confirm receipt of the benefit and rate confirmation from the referenced insurance company and hereby acknowledge the accuracy of the plan, coverage and rate information contained above. Please proceed with the implementation of the selected insurance coverage(s). Authorized Employer/Producer Representative Authorized Employer/Producer Representative (print) (sign) Date Accepted - 5 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Jim Richardson Approve Construction Cooperative Public Works/Engineering Agreement No. PW 57-49-12 with Hennepin County for Mitchell/Baker Sidewalk Requested Action Move to: Adopt the resolution approving the Construction Cooperative Agreement No. PW 57-49-12 with Hennepin County for Mitchell/Baker sidewalk. Synopsis Hennepin County has agreed to enter into a cooperative agreement for the construction of sidewalk along Mitchell Road/Baker Road from Martin Drive north to Roberts Drive. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR MITCHELLBAKER SIDEWALK IMPROVEMENTS I.C. 11-5802 WHEREAS, the City of Eden Prairie is preparing construction plans for the construction of a sidewalk along Mitchell Road/Baker Road from Martin Drive north to Roberts Drive; and WHEREAS, the construction plans are consistent with the approved layout; and WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No. PW 57-49-12 for County Project No. 1237 (City Project 11-5802) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 16, 2013 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Public Works Hennepin Transportation Department Phone: 612-596-0300 Public Works Facility 1600 Prairie Drive Web: www.co.hennepin.mn.us Medina, MN 55340-5421 March 8,2013 Mr. Rodney Rue, City Engineer _ City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT NO. PW 57-49-12 CSAH 60; CP 1237 Dear Mr. Rue, Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory, please have all copies signed by the appropriate officials and return them to this office. Also,please return two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials, we will send you one fully executed copy for your files. If you have any questions concerning the agreement,please call me at(612) 596-0380. Please call me to arrange for pick up by Hennepin County. Sincerely, /4 '1 Wayne oos Senior Administrative Assistant-Design encl WL/sew cc: Mr. Jim Richardson, An Equal Opportunity Employer Agreement No. PW 57-49-12 County Project No. 1237 County State Aid Highway No. 60 City of Eden Prairie County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT,Made and entered into this day of ,2013 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "County",and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the"City". WITNESSETH: WHEREAS,the City is proposing to construct the sidewalk along of the west side of County State Aid Highway No. (CSAH) 60(Baker Road) between Martin Drive and Roberts Drive, as shown on the plans the City Project Number (County Project Number 1237),hereinafter referred to as the "Project"; and WHEREAS,the above described Project lies within the corporate limits of the City; and WHEREAS,the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS,the City has requested that the County approve said plans and specifications, and the County has indicated its willingness to approve said plans and specifications; and WHEREAS,the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking,testing, inspection and development of as-built plans required on the Project; and WHEREAS,the County will participate in its share of the costs to construct the sidewalk along CSAH 60 as set forth herein; and WHEREAS,it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: - 1 - � Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 I The City or its agents shall prepare the necessary plans, specifications,and proposal; obtain approval of said plans and specifications from the County; advertise for bids for the work and construction; receive and open bids pursuant to said advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and; perform the required engineering and inspection; all in accordance with said plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform to Minnesota Department of Transportation(Mn/DOT)Design Standards applicable to County State Aid Highways and to the requirements of the American with Disabilities Act(ADA). II Prior to beginning construction,the City shall furnish the County with two(2) complete sets of County approved plans and specifications for said Project. Upon completion of the Project,the City or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by the City's Project Engineer. Said as-designed plans, specifications and as-built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (Mn/DOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. It is understood and agreed by the City that construction of the Project shall be completed to the satisfaction of the County within three years of the date this agreement has been signed by the parties hereto. IV The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County Engineer and representative staff shall have the i 1 - 2 _ L Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 right, as the work progresses,to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans,within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven(7) calendar days. V The City or its agents shall acquire all additional right of way,permits and/or easements required for the construction of said Project, at no cost to the County. Upon completion of this Project, all permanent right of way acquired for CSAH 60 as provided herein shall be conveyed to the County by the City with no consideration required. VI The County will participate in the costs to construct the Project. The County's cost participation share in the construction costs for the sidewalk shall be twenty five(25)percent. The City understands and agrees that the County's total cost participation for the Project shall not exceed Forty Eight Thousand Seven Hundred Fifty Dollars and No Cents($48,750.00)without an amendment to this Agreement. After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five(95)percent of the County's participating share of the construction costs for the Project. The remainder of the County's share of the construction costs will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the Project by the County Engineer or designated representative the City shall submit its fmal invoice to the County. The County will within forty five(45)days of said invoices, deposit with the City funds totaling the amount of the invoice. - 3 - �� Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 VIII It is understood and agreed by the parties hereto that upon completion of the Project,the sidewalk included in the Project shall be maintained by the City and all maintenance,restoration or repair required thereafter shall be performed by the City at no expense to the County. IX All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. X Each party agrees that it will be responsible for its own acts and the results thereof,to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XI The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action,judgments,damages, losses, costs or expenses, including, reasonable attorneys' fees,resulting directly or indirectly from any act or omission of the City, its contractors,anyone directly or indirectly employed by them,and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration,repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The.County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses,including reasonable attorneys' fees,resulting directly or indirectly from any act or omission of the County; its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership,maintenance, existence,restoration,repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. • -4 - `N`- Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 XII The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 60 as provided herein shall include clauses that will; 1) Require the Contractor to defend,indemnify, and hold the County,its officials,officers, agents and employees harmless from any liability, causes of action,judgments,damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2)Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage(XCU)Liability coverages: Limits General Aggregate $2,000,000 Products--Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence-Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned,non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability-Bodily injury by: Accident-Each Accident $500,000 Disease -Policy Limit $500,000 Disease-Each Employee $500,000 5 - �N�- Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 4. Professional Liability—Per Claim $1,500,000 Aggregate $2,000,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which maybe needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIV In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. - 6 - y�Jt- Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City Engineer or designated representative shall manage this.Agreement on behalf of the City and serve as liaison between the City and the County. xv It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVI The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) - 7- v.1` Agreement No. PW 57-49-12 CSAH 60, C.P. 1237 IN TESTIMONY WHEREOF,the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: May Date: d'oW/- And: ktk J Manager Date: / — 13 COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: Assist County Attorney � And: Date: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: - 8 - U.!` CITY COUNCIL AGENDA DATE: April 16, 2013 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U. George Esbensen Fire Department Independent Emergency Services LLC IES Requested Action Move to: Approve agreement between the City of Eden Prairie, and(IES) Independent Emergency Services for the ongoing annual service of our 911 phone system. Synopsis The agreement includes the on-site repair and maintenance including software upgrades. IES is used by the majority of all dispatch centers in Minnesota as the provider of these services. Attachment Agreement MAINTENANCE AGREEMENT THIS AGREEMENT, by and between Independent Emergency Services, LLC hereinafter referred to as "IES" and the City of Eden Prairie, a political body organized under the laws of the State of Minnesota, hereinafter referred to as "City". WHEREAS, City desires to have the Intrado products, as listed in Exhibit 1, maintained and repaired by IES for the initial term of one (1) year from the date specified in the Term and Termination Section 3. Now therefore, the parties hereby agree as follows: 1) Maintenance: a) IES shall maintain and repair all products set forth in attached Exhibit 1 and provide the services set forth in attached Exhibit 2 for the term of this Agreement. b) Normal Maintenance services include software anomaly corrections, standard software upgrades, software/hardware telephone support, and software/hardware configuration assistance and described in Exhibit 2. IES Labor for Hardware repair of Intrado manufactured equipment is included as part of Normal Maintenance. Hardware replacement parts not under manufacturer warranty will be charged to City. Computers and peripheral equipment are covered under manufacturer's original warranty. IES maintenance and consulting on computers and peripheral equipment will be on a T&M basis unless covered under manufacturer warranty and this maintenance agreement is in effect. c) No maintenance or replacements to be charged to the City shall be performed until IES has obtained written approval from the City for such maintenance or replacement. 2) Costs: a) City agrees to pay the one (1) year total of $10,603.16 for the maintenance of the equipment listed in Exhibit 1 and the services set forth in Exhibit 2. The maintenance charge shall be due and payable thirty (30) days after receipt of an invoice from IES. b) In addition to the maintenance charge, City will be liable for any charges for services, equipment or material that are not covered by normal maintenance services such as damage to equipment because of negligence of City or acts of God. IES shall not incur such charges without prior written approval from the City. 3) Term and Termination: a) This Agreement starts on the 1st day of April, 2013. After the initial one (1) year 1 of 10 term of this Agreement, City will have the option to renew for an additional one (1) year period. City may renew the Agreement by payment to IES of the annual maintenance charges in effect at the time of the renewal. Such payment shall be made by April 1, 2014. b) This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. If such termination is due to non- performance or breach by IES, IES shall refund to the City a pro rata portion of the maintenance charge the City paid in the year the Agreement is terminated. 4) Consequential Damages: a) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF USE OR PERFORMANCE OF ANY PRODUCTS, SERVICES, OR OTHER PROPERTY, LOSS OR IMPAIRMENT OF DATA OR SOFTWARE, OR OTHERWISE, AND WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT (INCLUDING THE FURNISHING, PERFORMANCE, OR USE OF ANY SOFTWARE OR OTHER PRODUCTS, MATERIALS, OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDERTAKEN IN THIS AGREEMENT), TORT, (EXCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. 5) Maximum Liability: a) EXCEPT AS MAY BE AWARDED BY A COURT OF LAW, IES'S ENTIRE LIABILITY FOR ANY CLAIM CONCERNING ITS PERFORMANCE OR NONPERFORMANCE IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY NEGLIGENCE, BREACH OF CONTRACT, WARRANTY, OR OTHER CLAIM SHALL BE LIMITED TO THE TOTAL AMOUNT OF THIS AGREEMENT. 6) Insurance Coverage: a) IES shall maintain (a) Workers Compensation Insurance as prescribed by the laws of Minnesota, (b) employers liability insurance with limits of at least $1,200,000 per occurrence, (c) comprehensive automobile liability insurance with 2 of 10 a combined single limit of at least $500,000 per occurrence for bodily injury and property damage, (d) general comprehensive liability insurance with limits of at least $1,500,000. 7) Force Majeure: a) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if the delay or failure to perform is without the fault or negligence of the Party claiming excusable delay and is due to causes beyond the control of said Party, including, but not limited to acts of God, war, acts of the government, fires, flood, epidemics, quarantine restrictions, strikes, labor disputes (including collective bargaining issues), work stoppages, and freight embargoes. 8) Governing Law: a) The validity of this Agreement, the construction and enforcement of their terms and the interpretation of the rights and duties of the Parties shall be governed by the laws of the State of Minnesota. 9) Independent Contractors: a) The Parties are performing pursuant to this Agreement only as independent contractors. Each Party has the sole obligation to supervise, manage, contract, direct, procure, perform, or a cause to be performed its obligations set forth in this Agreement. Nothing in this Agreement shall be constructed to create the relationship of partnership, agency, or joint venture between the Parties. Each Party shall be solely responsible for the withholding or payment of all applicable federal, state, local, income taxes, social security taxes, unemployment and other payroll taxes with respect to its own employees. b) All notices or other communications shall be deemed effectively delivered on the date of delivery if mailed certified or registered mail, return receipt requested, upon delivery using overnight courier, or personally delivered. All notices or other communications required or permitted to be given under this Agreement shall be in writing and delivered or addressed as follows: If to IES: Independent Emergency Service, LLC PO Box 279 235 Franklin Street SW Hutchinson, MN 55350-0279 Attention: Communications Consultant If to City: Eden Prairie Fire Department Attention: Mark VanDenberghe 8080 Mitchell Road Eden Prairie, MN 55344-2299 3 of 10 10) Standard of Care: a) IES shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 11) Indemnification: a) IES will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by IES or any negligent or intentional act or omission performed, taken or not performed or taken by IES, its agents, contractors and employees, relative to this Agreement. b) City will indemnify IES and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by City or any negligent or intentional act or omission performed, taken or not performed or taken by City, its agents, contractors and employees, relative to this Agreement. 12) Non-Discrimination: a) During the performance of this Agreement, IES 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, or age. IFS 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. IES 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) Subcontract or Assignment: a) IES shall not subcontract any part of the services to be provided under this Contract; nor may IES assign this Agreement, or any interest arising herein, without the prior written consent of the City. 14) Services Not Provided For: a) No claim for services furnished by IES not specifically provided for herein shall be honored by the City. 15) Compliance with Laws and Regulations: a) IES is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices Act, Minnesota 4 of 10 Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 16) Audits: a) The books, records, documents, and accounting procedures and practices of IES or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 17) Conflicts: a) No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 18) Entire Agreement: a) This Agreement, when fully executed, together with any Exhibits, Amendments, or other attachments appended thereto, constitutes the entire agreement between the parties and supersedes all promises and representations whether written or oral between the Parties with respect to the subject matter hereof. No modification, amendment, supplement to, or waiver of this Agreement or any of its provisions, shall be binding upon the Parties unless made in writing and duly signed by an authorized representative of each Party. Each Party represents to the other that it has full authority to enter into and secure performance of this Agreement and that the person signing this Agreement on behalf of the Party has been properly authorized to enter into this Agreement IN WITNESS WHEREOF, the Parties, and each of them, hereto have caused this Agreement to be executed by their respective duly authorized representatives. IES City of Eden Prairie Name Name (Signature) (Signature) Name Name (Print) (Print) Title Title Date Date 5 of 10 Exhibit 1 LIST OF EQUIPMENT TO BE MAINTAINED QTY DESCRIPTION 2 VIPER Backroom Server 2 VIPER POTS Server 1 Power 911 DB Server 1 Power MIS Server 1 ePrinter IWS 2 VIPER Network Switches 3 CAMA Interface Module 2 Administrative Interface Module 3 Power 911 Answering Position and associated peripherals 1 Media Kit Prebuilt Building Block 4 Application Server Access License 3 PBX Access License 3 Power 911 Client Access License 3 Power 911 Server Access License 1 Power MIS Media & Documentation 1 Power MIS Server Software License 1 Power MIS Concurrent Client Access License 3 Power MIS Data License 1 ePrinter Software & Documentation 6 of 10 LIST OF SUPPORT SERVICES PURCHASED Software Protection&Remote/On-Site Technical Support 3 950999/PROEG SW Protection and Tech SPT(Year 1) $840.00 UN $2,520.00 Note:Intrado remote technical support,hotfixes, and product updates for the software revision in place.This does not include SW upgrades. IES Remote and On-Site Technical Support 1 IESMAINTO1 IES Support(Year 1) $7,939.34 UN $7,939.34 Quote Summary IES Services $10,459.34 TOTAL QUOTE $10,459.34 TAX(6.875%on 20%of Maintenance Value $143.82 GRAND TOTAL 1 Year $10,603.16 7 of 10 Exhibit 2 PURCHASED SERVICES The purpose of Exhibit 2 is to describe the Normal System Support services ("Purchased Services) which are included as part of annual System support of the hardware and software listed in Exhibit 1, a listing of call priorities, an outline of escalation procedures and other important details. IES reserves the right to make modifications to this document as required; provided, however, IES shall not reduce the scope of support provided hereunder without the prior consent of the City of Eden Prairie. The services listed below are services that are included as part of the Purchased Services: • 800 Toll Free Telephone support • Preventive maintenance services • Technical troubleshooting & issue resolution • E-mail support call logging and notification • Software Upgrades are provided if Intrado Software Subscription has been purchased as part of this Agreement • Standard software releases and updates as provided by Intrado Software Protection and Remote Technical Support. - Defect corrections (as warranted) - Planned enhancements - State and/or Federal mandated changes (additional charges may exist depending on scope; parties must first execute a written amendment) - Release notes • Training questions (15 minute guideline) • Design review for potential enhancements or custom modifications • Installation of releases onto the City of Eden Prairie servers • Reinstallation of releases to fix Intrado bugs • Replacement of any System hardware that fails which is covered by an extended warranty— so long as they warranty is current at the time of the failure • VIPER/Power 911/Power MIS/ePrinter support 8 of 10 Help Desk Hours IES Emergency support is available 24 hours daily and 365 days per year. Business Hours Support Line: 1-800-922-8148 After Hours Support Line: 1-800-909-8148 Calls will be escalated based on the urgency of the issue reported. Telephone response time guidelines are as follows: Priority 1: 1 hour Priority 2: 2 - 8 hours Priority 3: 1 - 5 business days Call Priorities A Priority 1 call is an Urgent or High Priority call, Priority 2 is a Medium Priority and Priority 3 is deemed to be a Low Priority issue. The criteria used to establish guidelines for these calls are as follows: Priority 1 — High • System Down • Inability to process incoming calls • Critical Program errors without workarounds • Aborted transactions or error messages preventing data integration and update • Performance issues of severe nature impacting critical processes Priority 2 - Medium • Errors impacting a minority of records • Reports calculation issues • Printer related issues (related to interfaces with the software and not the printer itself) • Security issues • Workstation connectivity issues (Workstation specific) Priority 3 - Low • System errors that have workarounds • Usability issues • Performance issues not impacting critical processes • Report formatting issues • Training questions, how to, or implementing new processes • Issues with workarounds for large majority of calls • Recommendations for enhancements on system changes • Questions on documentation 9 of 10 Call Process All issues or questions reported to support will be tracked via a support call. The current process for logging calls includes the following: Email, phone and fax. • The call must contain at a minimum: organization name, contact person, software product, nature of issue, description of question or issue and any other pertinent information. • Each call will be assigned a call id to track the issue and the call will be logged into a support tracking database. • If an issue needs to be escalated to a development resource or programmer for resolution, the issue will be logged into a development tracking database and a separate id number will be provided to track the progress of the issue. The development id number will remain open until the issue has been resolved. Issues escalated to development will be scheduled for resolution and may not be resolved immediately depending on the nature and complexity of the issue. Escalation Process If the buyer does not believe the issue is being properly addressed, the escalation process is defined below. Level 1: Contact the support representative working on the issue Level 2: Contact the support supervisor Level 3: Contact the General Manager of IES Holiday Schedule Below is a listing of statutory holidays honored by Intrado. Support is available by calling the After Hours Support at 1-800-909-8148. Only Priority 1 work will be scheduled on these days. New Year's Eve Day Closed New Year's Day Closed Martin Luther King Day (Observed) Closed Memorial Day (Observed) Closed 4th of July (Observed) Closed Labor Day Closed Thanksgiving Day Closed Day After Thanksgiving Closed Christmas Eve Day Closed Christmas Day Closed Day After Christmas Closed 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.V. George Esbensen Fire Department Approve Closing of Sprint Nextel Re-banding Requested Action Move to: Approve the closing documents for Sprint Nextel Re-banding Project. Synopsis This is the final closing of the Sprint Nextel Re-banding Project which started in early 2006 as a result of a FCC mandated order. Because of the rapid expansion of push to talk cell phone usage and its impacts on the radio frequencies used by public safety there was a mandate that Sprint reprogram or replace radios within Public Safety spectrum. All costs associated with this transition were covered by Sprint including labor, legal, radios and project management. Attachments Closing Documents City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS A. City of Eden Prairie, a municipal entity incorporated under the laws of the State of Minnesota ("Incumbent") and Nextel West Corp., a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation ("Nextel"), have entered into a Frequency Reconfiguration Agreement ("Agreement"), dated July 17, 2007, as amended, for the reconfiguration of Incumbents 800 MHz system which includes the assignment by Incumbent to Nextel of certain 800 MHz frequencies previously licensed to Incumbent (the "Incumbent Frequencies") and the creation or assignment by Nextel to Incumbent of certain 800 MHz frequencies previously licensed to Nextel(the"Replacement Frequencies"). B. Incumbent and Nextel have applied for and received the Federal Communications Commission ("FCC") approvals as required under the Agreement for the assignment of the Incumbent Frequencies and Replacement Frequencies; NOW, THEREFORE: 1. Incumbent has caused the assignment of the Incumbent Frequencies identified on the attached Schedule A to Nextel or has caused the deletion of the Incumbent Frequencies from the Incumbent Licenses (as defined in the Agreement). Nextel accepts such assignment and assumes responsibility as licensee from and after the date hereof. 2. Nextel or Incumbent has caused the modification of the Incumbent Licenses to add the Replacement Frequencies and/or Nextel has caused the creation of a new FCC license for Incumbent that includes the Replacement Frequencies as identified on the attached Schedule B. Incumbent accepts this grant/assigmnent and assumes responsibility as licensee from and after the date hereof. 3. Nextel has caused the modification and/or cancellation of the FCC licenses it holds for the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC's Rules,47 C.F.R. § 90.621(b), as such rule may be amended from time to time by the FCC. 4. Incumbent agrees that all necessary work contemplated by the Agreement to reconfigure Incumbent's facilities has been satisfactorily completed. 5. Incumbent has requested payment from Nextel, either as part of Incumbent's initial Cost Estimate (Schedule C of the Agreement) or as changes thereto submitted pursuant to Section 8 of the Agreement, of the Actual Costs Incumbent reasonably incurred or paid in connection with the reconfiguration of its system from the Incumbent Frequencies to the Replacement Frequencies and that Incumbent believes Nextel is obligated to pay under the Order. 6. Nextel and Incumbent agree to the following calculations related to the Actual Costs and agree to the delivery of the remaining payment or refund as outlined below (in accordance with Incumbents payment instructions or Nextel's payment instructions (as the case may be)): Total Actual Costs of Reconfiguration: $3,057,006.33 Less: Advance Payment ($159,013.39) Less: Vendor Payments (if applicable) ($2,796,934.15) Remaining Payment (as of the date on the signed Reconciliation $101,058.79 Statement)due to Incumbent prior to the Closing Date: Refund (as of the date on the signed Reconciliation Statement) due to $0.00 Nextel prior to the Closing Date: (if applicable) 7. Incumbent agrees that the total amount that will be paid by Nextel to Incumbent and on behalf of Incumbent for the reconfiguration of Incumbent's facilities from the Incumbent Frequencies to the Replacement Frequencies is $3,057,006.33 and is equal to the Actual Costs Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent's facilities. 8. Prior to the Closing Date, or upon receipt of the Remaining Payment due to Incumbent or Refund due to Nextel (as outlined in the table above), Incumbent agrees that Nextel does not owe Incumbent any additional amount for the reconfiguration of Incumbent's facilities pursuant to the Agreement. 9. Incumbent has delivered to Nextel and Nextel has provided to Incumbent all equipment required to be delivered or provided as identified on the attached Schedule D. 10. Nextel does hereby grant, deliver, exchange,transfer, convey and assign the Nextel Replacement Equipment to Incumbent its successors and assigns. 11. Incumbent does hereby grant, deliver, exchange, transfer convey and assign the Nextel Replaced Equipment to Nextel. (Signature pages follow) IN WITNESS WHEREOF, Nextel and Incumbent have caused this MUTUAL ASSIGNMENT OF FCC LICENSES/RECONFIGURATION CERTIFICATION to be executed as of the dates set forth below. INCUMBENT: NEXTEL: City of Eden Prairie Nextel West Corp. By 2,--By: Name: ne L k' tt M-A\Tame: Patricia C. Tikkala Title: Mayor Title: Authorized Signatory Date: 7 3-13 Date: By: N i'l T` Name: 1 6-' %6a Title: City Manager Date: `3 a k- /` City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE A Incumbent Frequencies Incumbent's Name: City of Eden Prairie Incumbent Assigns to Nextel: CALLSIGN Freqs Licensee Location # Exp.Date Lat(N) Long(W) of Freqs WNSF327 860.4875 Eden Prairie, Eden Prairie, 1 3/11/2014 44-51-36.9 93-27-39.8 City of MN WNSF327 860.7625 Eden Prairie, Eden Prairie, 1 3/11/2014 44-51-36.9 93-27-39.8 City of MN City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE B Replacement Frequencies Incumbent's Name: City of Eden Prairie Nextel Assigns to Incumbent: Replacement Lat(N) Long(W) ERP Gnd Ant. New Location Frequencies (W) Elev Height Licensee (ft) (ft) 854.2625 44-51-36.9 93-27-39.8 480 879 200 Eden Prairie, Eden Prairie, City of MN 854.6875 44-51-36.9 93-27-39.8 480 879 200 Eden Prairie, Eden Prairie, City of MN City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE C Intentionally Omitted City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE D 1)Reserved 2)Replacement Equipment(provided by Nextel) Quantity Manufacturer Description Model Number New/Used 28 EF Johnson Receiver 023-4400-501 Used 28 EF Johnson Exciter 023-4400-501 Used 28 International Crystal Crystal Receive EFJ 8000 521-8XXXXXX New Manufacturing 28 International Crystal TCXO Transmit EFJ 8000 518-8XXXXXX New Manufacturing 28 EF Johnson ICOM TX 518-8XXXXXX Used 3)Replaced Equipment(to be delivered to Nextel prior to Closing) Quantity Manufacturer Description Model Number 30 EF Johnson Portable,Ascend,Series 2,IS,limited keypad 164 EF Johnson Portable,Avenger,full keypad 60 EF Johnson Portable,Avenger,limited keypad 45 EF Johnson Portable,Avenger,IS,full keypad 5 EF Johnson Portable,Viking,IS,limited keypad 12 EF Johnson Portable,Viking,full keypad 54 EF Johnson Portable,Viking,IS,full keypad 151 EF Johnson Portable,Viking,IS,limited keypad 10 EF Johnson Mobile,Ascend,Series 2,remote mount 64 EF Johnson Mobile,dash mount 68 EF Johnson Mobile,remote mount 131 EF Johnson Mobile,Summit,dash mount 148 EF Johnson Mobile,Summit,remote mount 19 EF Johnson Control station,Summit,no remote control 4 EF Johnson Control station,Summit,+remote control 17 EF Johnson Control station+remote control 22 EF Johnson Avenger speaker microphone 85 EF Johnson Viking speaker microphone 186 EF Johnson Avenger battery 150 EF Johnson Avenger IS battery 75 EF Johnson Viking battery 250 EF Johnson Viking IS battery 255 EF Johnson Avenger charger 14 EF Johnson Avenger 5 unit charger 175 EF Johnson Viking charger 14 EF Johnson Viking 5 unit charger 25 EF Johnson Avenger Leather case 50 EF Johnson Viking leather case 3 EF Johnson Portable programming kit 1 EF Johnson Alexander 2006 battery analyzer 1 EF Johnson Alexander MZ6500 conditioning analyzer 185 EF Johnson Mobile remote speaker 3 EF Johnson Mobile programming kit 40 EF Johnson Power supply, 11 amp, 120 volt 6 EF Johnson Desktop microphone 20 EF Johnson Extended Option Cable Amendment#2 -156 EF Johnson Mobile remote speaker -60 EF Johnson Viking charger -30 EF Johnson Viking leather case -20 EF Johnson Extended Option Cable 35 EF Johnson Spare Battery,Avenger 587-8150-135 35 EF Johnson Spare Battery,Avenger IS 587-8150-136 3 EF Johnson 5-Unit Charger Kit, 120 Volt 239-5800-480 4 EF Johnson Viking Speaker Microphone 589-0015-027 49 EF Johnson Avenger Speaker Microphone 589-0045-040 Amendment#3 5 EF Johnson Mobile,Summit,dash mount 9753/9755 3 EF Johnson Viking Speaker Microphone 589-0015-027 1 EF Johnson Avenger Spare Battery I/S 587-8160-136 1 EF Johnson Viking Spare Battery I/S 587-8565-162 20 EF Johnson Extended Option Cable Cable 4)Reserved 5)Reserved City of Eden Prairie Frequency Reconfiguration Agreement Final Closing CLOSING CERTIFICATE OF CITY OF EDEN PRAIRIE I do hereby certify of behalf of City of Eden Prairie, a municipal entity incorporated under the laws of the State of Minnesota("Incumbent"),that: 1. Incumbent is a political subdivision, and the undersigned is a duly appointed and acting officer or authorized signatory of Incumbent. 2. Incumbent has in all material respects complied with, satisfied and performed all obligations and conditions under the Frequency Reconfiguration Agreement (the "Agreement") dated July 17, 2007, as amended, by and between Incumbent and Nextel West Corp., a wholly- owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation ("Nextel"), required to be complied with, satisfied or performed by Incumbent on or prior to the date set forth below including but not limited to the"Closing Conditions" as set forth in the Agreement. 3. All the representations and warranties made by Incumbent in the Agreement are true and correct with respect to Incumbent as of the date set forth below. IN WITNESS WHEREOF, Incumbent has caused this CLOSING CERTIFICATE to be executed as of the date set forth below. INCUMBENT: City of Eden Prairie - By: --- Name -f1 �,� .. z) Title: ) Date: j `0.'3 City of Eden Prairie Frequency Reconfiguration Agreement Final Closing CLOSING CERTIFICATE OF NEXTEL WEST CORP. I do hereby certify on behalf of Nextel West Corp., a wholly-owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation("Nextel"),that: 1. Nextel is a corporation or other entity and the undersigned is a duly appointed and acting officer or authorized signatory of Nextel. 2. That Nextel has in all material respects complied with, satisfied or performed all obligations and conditions under that certain Frequency Reconfiguration Agreement (the "Agreement"), dated July 17, 2007, as amended, by and between Nextel and City of Eden Prairie, a municipal entity incorporated under the laws of the State of Minnesota ("Incumbent") required to be complied with, satisfied or performed by Nextel on or prior to the date set forth below including but not limited to the"Closing Conditions"as set forth in the Agreement. 3. All the representations and warranties made by Nextel in the Agreement are true and correct with respect to Nextel as of the date set forth below. IN WITNESS WHEREOF,Nextel has caused this CLOSING CERTIFICATE to be executed as of the date set forth below. NEXTEL: Nextel West Corp. By: Name: Patricia C. Tikkala Title: Authorized Signatory Date: 8� III 1 Transition MHz Administrator The Official Reconfiguration Manager 800 MHZ RECONFIGURATION COMPLETION CERTIFICATION Incumbent Name: City of Eden Prairie Certification Pursuant to the FCC's order mandating the 800 MHz band reconfiguration(the"Order"), the above-name incumbent licensee (the "Incumbent")hereby certifies to the Transition Administrator appointed pursuant to the Order as follows: 1. That Incumbent has relinquished its original 800 MHz frequencies identified on Schedule A attached and reconfigured its facilities to operate on the replacement frequencies identified on Schedule B attached(the "Replacement Frequencies"); 2. That all work required to reconfigure Incumbent's facilities to operate on the Replacement Frequencies has been satisfactorily completed; and 3. That Nextel West Corp. ("Nextel") and Incumbent have agreed to the sum paid by Nextel for such work. Signature:.'" Print Name: j 4 TT Title: 1 Phone Number j5 2—,v 3 E-mail: ✓-,�'5 IeJ,5/ <=. &t; 'w/)s .,,r, ,eD - Date: :Vi4M City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE A Incumbent Frequencies Incumbent's Name: City of Eden Prairie Incumbent Assigns to Nextel: CALLSIGN Freqs Licensee Location # Exp.Date Lat(N) Long(W) of Freqs WNSF327 860.4875 Eden Prairie, Eden Prairie, 1 3/11/2014 44-51-36.9 93-27-39.8 City of MN WNSF327 860.7625 Eden Prairie, Eden Prairie, 1 3/11/2014 44-51-36.9 93-27-39.8 City of MN City of Eden Prairie Frequency Reconfiguration Agreement Final Closing MUTUAL ASSIGNMENT OF FCC LICENSES RECONFIGURATION CERTIFICATIONS SCHEDULE B Replacement Frequencies Incumbent's Name: City of Eden Prairie Nextel Assigns to Incumbent: Replacement Lat(N) Long(W) ERP Gnd Ant. New Location Frequencies (W) Elev Height Licensee (ft) (ft) 854.2625 44-51-36.9 93-27-39.8 480 879 200 Eden Prairie, Eden Prairie, City of MN 854.6875 44-51-36.9 93-27-39.8 480 879 200 Eden Prairie, Eden Prairie, City of MN CITY COUNCIL AGENDA DATE: April 16, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Code Amendment—Directional Signs, Development/Planning Menu Boards, Free Standing Signs Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amendment to City Code Chapter 11, Section 11.70 relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Synopsis The proposed change is to allow more directional 20 acres+ sites,permit 2 menu boards, eliminate the 300 foot distance between signs, and minor housekeeping items. Background Information The reasons for changes are as follows. • Large business campuses such as UHG have multiple buildings and driveways. • To respond to industry standard for double drive thru lanes • The code is too restrictive on small commercial properties with multiple street frontages. • Some minor housekeeping items including permit advertising on directional sign, permit electronic changing of menu board messages, one temporary sign per street frontage, double face sign spacing from 18-36 inches, no setback for signs in Town Center This item was presented to the Chamber Government Committee on February 19, 2013. The committee thought the changes were good for business. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the February 25, 2013 meeting. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes 02-25-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.70 RELATING TO SIGN PERMITS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.70, Subd. 2 (7) is hereby amended by deleting the final sentence. Section 2. City Code Chapter 11, Section 11.70, Subd. 2 (15) is hereby amended by inserting the words "or electronically" after the word"manually." Section 3. City Code Chapter 11, Section 11.70, Subd. 2 (31) is hereby amended by inserting the words "or electronically" after the word"manually." Section 4. City Code Chapter 11, Section 11.70, Subd. 3 (I) is hereby amended by inserting into the first sentence the words "per street frontage" after the words "construction site." Section 5. City Code Chapter 11, Section 11.70, Subd. 3 (J) 2 (b) is hereby amended by inserting the words "per street frontage" after the word"erected." Section 6. City Code Chapter 11, Section 11.70 Subd. 3 (K) 2 (b) is hereby amended by inserting the words "per street frontage" after the word"erected." Section 7. City Code Chapter 11, Section 11.70, Subd. 3 (N) is hereby amended by inserting into the second sentence the words "less than 20 acres" after the words "upon a site" and by inserting a third sentence which reads "The total of all directional signs upon a site greater than 20 acres shall not exceed 72 square feet." Section 8. City Code Chapter 11, Section 11.70, Subd. 3 (X) is hereby amended by deleting the number"18" and replacing it with the number"36." Section 9. City Code Chapter 11, Section 11.70, Subd. 3 (GG) is hereby amended as follows: (a) The first sentence of(GG) is hereby amended by deleting the word "One" and replacing it with the word "Two"; inserting an "s" on the end of the word "sign"; and deleting the words "with a" and replacing them with the word "per." (b) The second sentence of (GG) is hereby amended by deleting the number "32" and replacing it with the number "40." (c) (GG) is hereby amended by inserting a fourth sentence which reads "Menu board signs are subject to Subd. 7 entitled `Dynamic Display'." Section 10. City Code Chapter 11, Section 11.70, Subd. 4 (B) is hereby amended by inserting the phrase ", TC, TC-MU, TC-R, TC-C" at the end of the sentence before the period. Section 11. City Code Chapter 11, Section 11.70, Subd. 4 (B) 1 (b) is hereby amended by deleting the third and fourth sentence. Section 12. City Code Chapter 11, Section 11.70, Subd. 4 (B) 1 (e) is hereby amended by inserting into the second sentence the fraction "1/2" after the word "within" and by inserting a third sentence which reads "In the TC Districts the sign setback shall be zero (0')to any street right of way." Section 13. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2013. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 22, 2013 PROJECT: Code Amendment—Directional Signs, Menu Boards, and Free Standing Signs CODE AMENDMENT The proposed change is to allow more directional signs on sites larger than 20 acres, permit 2 menu boards, and eliminate the 300 foot separation between signs. DIRECTIONAL SIGNS • Current code—36 square feet total per property. • Proposed code change 72 square feet for 20 acres or greater. • Why—large business campuses such as UHG have multiple buildings and driveways. City previously granted waivers to the mall. This eliminates 120 review process. MENU BOARDS • Current code—one menu board • Proposed code change—two menu boards • Why—respond to industry standard for double drive thru lanes. FREE STANDING SIGNS • Current code—minimum spacing between signs 300 feet. • Proposed code change—no minimum. • Why—too restrictive on small commercial properties with multiple street frontages. HOUSEKEEPING ITEMS • Permit advertising on directional sign. this is for products sold on the property, company logo, or business name. • Permit electronic changing of menu board messages. • One temporary sign per street frontage • Double face sign spacing from 18-36 inches • No setback for signs in Town Center STAFF RECOMMENDATION Staff recommends approval. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 25, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Regina Rojas, City Planner Stu Fox, Manager of Parks and Natural Resources 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, Lee and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Pitzrick, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 11, 2013 MOTION by Frank, seconded by Kirk, to approve the minutes. Motion carried 4-0. Pitzrick and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. SIGN CODE MAINTENANCE AMENDMENT by City of Eden Prairie Request to: February 25, 2013 Page 2 • Amend City Code Chapter 11, Section 11.70, relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions. Rojas presented the sign code maintenance amendment. She displayed a PowerPoint presentation and this proposed change it to allow more directional signs on sites larger than 20 acres,permit 2 menu boards, eliminate the 300 foot separation between signs, and a few other minor items. The other items would be to permit advertising on directional signs. This is for products sold on the property, company logo, or business name. Permit electronic changing of menu board messages. Allow one temporary sign per street frontage. Allow double face sign spacing from 18-36 inches. No setback for signs in Town Center. Frank asked if the 72 square feet was the correct number for directional signs. Rojas said it was the correct number and United Health was used for an example. Frank asked if there were no minimum signs for free standing signs, could there be clutter. Rojas said the City has a maximum requirement of 2 signs per property. Chair Stoltz asked Rojas about businesses painting windows with advertisements. Rojas said only 10 percent of the window can be painted. Frank asked if the electric signage was only for menu boards. Rojas concurred that was correct, electric signage is only used for menu boards. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Fyten, seconded by Pitzrick, to recommend approval of the Amendment to City Code Chapter 11, Section 11.70, relating to sign permits, and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty provisions; based on the staff report dated February 22, 2013. Motion carried 6-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten stated the physical engineering stage of the project has begun. IX. CONTINUING BUSINESS February 25, 2013 Page 3 X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:16 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Staring Lake Outdoor Center Janet Jeremiah Heritage Preservation Site Requested Action Move to: • Close the Public Hearing; and • Adopt 1st reading of an Ordinance to Designate the Staring Lake Outdoor Center as a Heritage Preservation Site. Synopsis This is a public hearing about to designating the Staring Lake Outdoor Center as a Heritage Preservation Site. The Heritage Preservation Commission held a public hearing on March 18, 2012 for the designation. The commission voted 4-0 to recommend approval of the designation. Attachments 1. Staff Memo 2. Location Map 3. Guide Plan Map 4. Zoning Map 5. Aerial Map 6. Unapproved HPC minutes 03-18-13 7. HPC Site Registration Packet Date: March 15, 2013 Memo: To: Heritage Preservation Commission From: Michal Franzen, City Planner Subject: Staring Lake Outdoor Center Heritage Preservation Site Public Hearing Background: The City code requires the Commission recommending to the Council any building, historic district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350) feet of the boundary of the area to be designated a Heritage Preservation Site. Official notice was published in the Eden Prairie News on April 4, 2013. Notices were mailed to property owners within 500 feet of the property on April 5, 2013. MOTION: Move to recommend to the City Council that the Staring Lake Outdoor Center property be designated as a Heritage Preservation Site. Area Location Map - Address: 13765 Staring Lake Parkway, Eden Prairie, MN V 2 N. .1 S Pine Bluff Court API ij A V ' iFlesher Circle * ______ OM i IIIII Staring Lake Parkway V O 11 V 13765 Staring Lake Parkway N 0 230 460 920 F t I 1 1 1_ I 1 1 1 I Guide Plan Map 13765 Staring Lake Parkway, Eden Prairie, MN li ør'%. ,Pine Bluff Court gl& 4timitiA . ,,,,/ , U 1111 4 Flesher Circlego iiiiit ,� ' �Q C O - -� Staring Lake Parkway Um 10 Q 4_13.1 `� te� 7tg/•4( / 0 .-N SITE , \ 0 )..,,v G 13765 Staring Lake Parkway] City of Eden Prairie Land Use Guide Plan Map 2000-2030 / .11.11...111_ Legend n Lakes -Industrial Streams N n Rural Residential 0.10 Units/Acre I Neighborhood Commercial Principal Arterial Low Density Residential 0-2.5 Units/Acre ! Community Commercial —A Minor Arterial ®Low Density/Public/Open Space Regional Commercial i —B Minor Arterial ' + '' -Medium Density residential 2.5-10 Units/Acre ®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 1-07-05 DATE Revised 03-01-07 EDEN ®Medium Density Residential/Office Park/Open Space —Major Collector DATE Revised 11-07-0523 DATE Revised 06-01-07 DATE Revised 02-23-06 DATE Revised 10-01-07 -High Density Residential 10-40 Units/Acre MI Public/Quasi-Public —Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 � DATE Revised 06-23-06 DATE Revised 03-01-09 I -Airport I Golf Course Office -Church/Cemetary PRAIRIE Office/Industrial 1 Open Water LIVE•WORK•DHEAM 7 Office/Public/Open Space -Right-Of-Way »L uo,....,.0=m...,®..=o.,=...L.....aaFriA,,.,o® 0 250 500 1,000 Feet 1 1 1 I 1 1 I Zoning Map 13765 Staring Lake Parkway, Eden Prairie MN vRN� , sitAi.,- . .:,___...:._..littiap "{)/71 / .% i I foj 1 ••1.IF _ •n n ,v Pine Bluff Court 1111 VIS ° Nill1111101111111 'P4Ch441 ______/."-\ \,...,,, I Flesher Circle Oil �J ..., ....__________ ❑ -- - Staring Lake Parkway ❑ �� t �Er❑ ❑ . j., plL_.1 SS'.4 .14/ '&4" 1 • / ` � ❑ Igr '\'. I .3 . ,.*.-6-1.- . ,..,...___„„ c-\ ,_, ,,,,,, .. , .,0, \,.... _ . , i G - 13765 Staring Lake Parkway RD Rural -Regional Comm City of Eden Prairie Zoning M a p Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7 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. 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 0.125 0.25 -Regional Service Commercial Milesa_1p..m..,rmo..,...,ti4..'o..o.a., ..._.Upla..m ,..,,m„ AERIAL MAP 13765 Staring Lake Parkway, Eden Prairie, MN MO iViirET 'VAXIMINGENIF4k.-,N . _ . .. .. . ., ,. oat vaalimpw.,,I. . . „„ ,,... . .. , i. :.,., ,,,, _ 001111 Ilui, iiiiiiiii ♦ Pine bluff Court:. 4 i t AT* ' ,• ,, ' + cis, • r Staring Lake Parkway - 1 +i 11111111w— NIIr . 1,11 • .., 9 , . 4.4 ._ . .., , MS L isillfill* ,-^ 'i 111 Flesher CirclP''. R �� ' ` - ,��`_ -~A r s _ 0 • it �� 4 f -. t• . •.•_,, -_ .. . .: ;•••.,.,,_• ••• ., ...1.4...-_--,..:--,`1.--,- .7,.„.. .....'''4'hillit' 4 44 .s chi T �`•- ..., '�.1; ip II : V 13765 STARING LAKE PARKWAY y is'• UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION THURSDAY, MARCH 18, 2013 7:00 P.M., CITY CENTER Prairie Rooms A& B COMMISSION MEMBERS: Ed Muehlberg (Chair), Cindy Cofer Evert(Vice Chair), Jeffrey Lawler, Mark McPherson, Steve Olson, JoAnn McGuire STAFF: John Gertz, Pathfinder CRM, LLC Lori Creamer, Staff Liaison Heidi Wojahn, Recording Secretary STUDENT REPRESENTATIVES: Melissa Berman, Leanne Zhang I. CALL TO ORDER/ROLL CALL Chair Muehlberg called the meeting to order at 7:06 p.m. Commissioners Cofer Evert and McGuire and Student Representative Zhang were absent. II. APPROVAL OF AGENDA Creamer said the Eden Prairie Community Foundation grant process would be discussed immediately following Item VA. 2013 CLG GRANT UPDATE and noted she had new information to report under Item VIII. FYI ITEMS. MOTION: McPherson moved, seconded by Olson, to approve the agenda as noted. Motion carried 4-0. III. APPROVAL OF MINUTES MOTION: Lawler moved, seconded by Olson, to approve the February 11, 2013 minutes. Motion carried 4-0. McPherson expressed concern that items from the minutes might be forgotten if not added to the Work Plan. Work Plan Review should remain a regular agenda item. Creamer said it serves as a guide. Items are added and checked off on a monthly basis. Gertz said each person has an electronic version they can keep and bring to each meeting. HERITAGE PRESERVATION COMMISSION MINUTES March 18, 2013 Page 2 IV. PUBLIC HEARING A. LOCAL DESIGNATION OF HERITAGE SITE—STARING LAKE OUTDOOR CENTER Recommendation to designate Staring Lake Outdoor Center as a Heritage Preservation Site. A memo from City Planner, Mike Franzen, indicated official notice of this public hearing was published March 7, 2013 in the Eden Prairie News and sent to property owners within 500 feet on March 8, 2013. Muehlberg asked if anyone wished to address the Commission on this matter.No one did. MOTION: Lawler moved, seconded by Olson,to close the public hearing. Motion carried 4-0. MOTION: McPherson moved, seconded by Lawler, to approve the Finding of Significance for Staring Lake Outdoor Center. Motion carried 4-0. MOTION: Lawler moved, seconded by McPherson, to recommend to the City Council that the Staring Lake Outdoor Center property be designated as a Heritage Preservation Site. Motion carried 4-0. Olson asked if management or maintenance plans are coordinated with significance statements. Gertz confirmed they are. XI. ADJOURNMENT MOTION: Lawler moved, seconded by Olson, to adjourn. Motion carried 4-0. Chair Muehlberg adjourned the meeting at 8:54 p.m. 111, IOW kik Vow- W` bY ' . City of Eden Prairie Heritage Preservation Commission Site Nomination Staring lake Outdoor Center Prepared For The City of Eden Prairie Heritage Preservation Commission Submitted By Pathfinder CRM, LLC 2013 CITY OF EDEN PRAIRIE HERITAGE PRESERVATION SITE NOMINATION CLARENCE C. BUSH LOG CABIN /STARING LAKE OUTDOOR CENTER This report contains information supporting the nomination of the Clarence C. Bush Log Cabin (commonly known as the Staring Lake Outdoor Center) for designation as a Heritage Preservation Site pursuant to City Code §11.05. It identifies and locates the historic property, explains how it meets the Heritage Preservation Site eligibility criteria, makes the case for its historic significance and integrity, and recommends a plan of treatment to guide site preservation and rehabilitation efforts. Once the Log Cabin has been designated a Heritage Preservation Site by the Eden Prairie City Council, this document will become part of the official record. The report is divided into five sections: planning information, description, significance, sources of information, and treatment plan. Maps, plans, photographs, and other supporting documents are included as attachments. Following Heritage Preservation Site designation by the City Council, the State Historic Preservation Officer comment letter, public hearing notice, and a signed copy of the resolution should be added here. The draft report was prepared by Pathfinder CRM, preservation consultants retained by the City of Eden Prairie, who are solely responsible for the information contained herein. Bush Log Cabin Heritage Preservation Site page 1 I. PLANNING INFORMATION Name The historic name of the property being nominated is the Clarence C. Bush Log Cabin. It is commonly known as the Staring Lake Outdoor Center. Location Subject property is located on the north shore of Staring Lake, occupying part of Government Lot 3 in Section 22, Township 116 North, Range 22 West. Its street address is 13765 Staring Lake Parkway, Eden Prairie. The property identification number is 22- 116-22-31-0001. Boundaries The heritage preservation site includes the historic log cabin, observatory (non- contributing), and garage (non-contributing). The observatory is built in the location of the old historic boathouse removed due to dilapidated condition. Owner The site is owned by the City of Eden Prairie. Classification For preservation planning purposes, the Bush Log Cabin is classified as a building. Present Use The historic property is presently used as an education-related recreation facility. Bush Log Cabin Heritage Preservation Site—page 2 II. DESCRIPTION General Character The Clarence C. Bush Log Cabin is a refurbished log building that was constructed in 1935 for use as the recreation hall at the WPA/NYA transient worker camp at Savage, Minnesota. It was moved to its present location in 1946 and is presently used for classes, workshops, and other activities related to outdoor recreation and environmental education at the Staring Lake Outdoor Center. Physical Setting The historic building is situated on the northeast shore of Staring Lake, west of the mouth of Purgatory Creek, in a suburban park setting. Staring Lake is a typical glacial lake that formed at the close of the ice age from the melting of an ice block in the outwash plain. The lake margins were filled with shallow wetlands, also formed by the melting of buried ice, but these have mostly been filled in since the area was settled. The surrounding terrain shows abundant evidence of prehistoric glaciation in the form of undulating outwash terraces and valley train landforms. The natural vegetation at the time of the public land survey was maple-basswood forest but the plant cover at the Outdoor Center today is more characteristic of a floodplain forest dominated by silver maple, cottonwood, ash, willow and a few bur oak trees. Outside the park boundaries, land use in dominated by medium-density residential subdivision tracts. Visually buffered from the residential tracts, the log cabin retains integrity of setting and feeling. Indeed, many of the physical features that constituted the property's original site at Savage on the Minnesota River are also present at Staring Lake and help convey the cabin's historic character. Building Subject property is a one-story log building with a compound rectangular plan, intersecting gable roofs, a rear addition, and a large sidewall brick chimney. The walls consist of fourteen courses of peeled round wooden logs with saddle-notched corners, sawed crowns, and cement chinking. The cabin rests on a reinforced concrete slab. The low-pitched roof is oriented parallel to the long axis of the original cabin, giving it a low, broad profile that makes it look larger than it is. The composition shingle-covered roof has overhanging eaves supported by triangular sawn log struts and outlined with plain milled fascia and soffit boards. The ends of the log purlins are exposed in the gable- ends. Fenestration is symmetrical, with multi-pane casement windows that occur singly and in groups of two and three, which give the building a vaguely Arts & Crafts Movement-influenced architectural character. The main entry door is centered on the south-facing facade and opens onto a non-historic raised wooden deck with a handicap access ramp. The interior features unfinished log walls, exposed log ridgepole, rafters, Bush Log Cabin Heritage Preservation Site—page 3 purlins, and tie-beams, and a large fieldstone fireplace. The property is well maintained and in an excellent state of preservation. The walls of the original cabin are its outstanding character-defining element. They are constructed entirely of treated round logs which are believed to be northern white cedar (Thuja occidentalis). An important timber species native to northern Minnesota, the white cedar tree grows to a height of 40-70 feet and produces wood that can be used for a variety of purposes. Traditionally, white cedar was cut for saw logs as well as cabin logs, but by the early twentieth century it was harvested primarily for making telephone, telegraph, and electric light poles. The massive rural electrification programs of the 1930s created a huge demand for utility pole timber and it is therefore likely that the SERA camp buildings at Savage were constructed of cedar utility poles cut in northern Minnesota by the Civilian Conservation Corps (CCC) or the WPA. The timber pieces used in building the Bush Log Cabin appear to be from 50-70 year-old trees (old growth trees would have been too large for use as utility poles). They are straight stems of varying lengths, which would have made them economical to use and easy to work with. The saddle-notched corners reflect the most common type of traditional round log corner notching and produced a very stable wall that also gives the feeling of having been built by pioneer craftsmen. Although there has been some rot, decay, and other minor injuries, the logs are in good condition, provide excellent insulation material, and show every sign of giving good service with moderate care for many years to come. On the inside, some of the log members supporting the roof bear graffiti that is believed to have been inscribed while it was a camp building in Savage. Outbuilding A small accessory building/boat house, believed to have been moved from Savage at the same time as the log cabin, was located on the lakeshore approximately one hundred feet east of the log cabin, near the fishing pier. It was wood-framed, with an overshot gable roof, exposed rafters, and simulated log cabin wood siding. The structure was in a deteriorating condition and removed. The small lakeshore building did not contribute to the historic significance of the Bush Log Cabin. An observatory is now located there. Additions and Alterations The historic log cabin was doubtless slightly altered from its original appearance when it was disassembled and moved to this location. The floor plan and interior finishes have also been changed to some extent, although the original open plan and log walls are intact. When the building was converted to a summer residence at Staring Lake, the stone fireplace was moved from the central alcove to the long wall near the main entrance. Bush also enlarged the kitchen area with a small, balloon-framed addition and divided the main room to create a bedroom (the partition wall was later removed by the city). The front deck, made of treated dimension lumber with wood joists, is a recent addition. Bush Log Cabin Heritage Preservation Site—page 4 III. SIGNIFICANCE General Statement The Clarence C. Bush Log Cabin was built in 1935 under the auspices of the State Emergency Relief Administration (SERA) on the grounds of State Transient Camp Number One, a work relief camp in Savage, Minnesota, for use as the camp recreation building. The camp had opened in 1933 and served as headquarters for seven SERA camps along the Minnesota River between Shakopee and Mendota. In 1935, the SERA camps were taken over by the Federal government under the auspices of the Works Progress Administration (WPA) and the National Youth Administration (NYA). The Savage camp was used as a WPA construction base camp and NYA training facility. In addition to relief work in the camp mattress factory and workshops, men from the camp were employed on a number of local public works projects, including construction of highway waysides and overlooks. The WPA/NYA operation appears to have been closed down in 1939 or 1940; afterwards, the facility was briefly used as a homeless men's camp affiliated with the Phyllis Wheatley settlement house in Minneapolis. In May 1942 the camp buildings were transferred to the War Department and became part of the 132-acre Camp Savage, home of the Military Intelligence Service Language School (MISLS) that was operated by the U.S. Army to teach soldiers Japanese. (Photographs illustrating the 1946 MISLS album show the Log Cabin being used by GI's as the post library and day room.) The language school quickly outgrew the camp's facilities, however, and moved across the Minnesota River to Fort Snelling in 1944. After World War II, the abandoned camp buildings were razed or sold at public auction. In all respects, the building that is preserved at the Staring Lake Outdoor Center embodies the distinctive characteristics of Depression era "rustic" log cabin prototype adopted by the WPA. Although specific plans and construction records could not be found, the existing archival data and physical evidence indicate that the building was conceived, designed, and built with reference to plans developed by the National Park Service's Branch of Plans and Designs. Although moved from its original location and slightly altered from its historic appearance, the log cabin retains all of its original structural elements and design values and is, therefore, eligible for registration as a Heritage Preservation Site. In 1946, the government sold off Camp Savage and Clarence C. Bush purchased the abandoned recreation building and moved it to his property on Staring Lake in rural Eden Prairie Township. It is believed that he moved a second frame building at the same time. The log cabin was reassembled and renovated by for his private use as a summer residence. An employee of Northrup, King & Co. since 1918, Mr. Bush was manager of the company's seed trial grounds, which had been established in Eden Prairie in 1921. He was a well known agronomist (credited with developing the highly successful Kingscroft hybrid seed corn) and served on the company's executive committee. Following his retirement from Northrup King in 1957, Bush sold the 12.6 acre Staring Bush Log Cabin Heritage Preservation Site page 5 Lake property to another private individual. In 1973, the City of Eden Prairie acquired the property, including the log cabin, and operated it as the Eden Prairie Senior Center until the Staring Lake Outdoor Center was established in 1988. The primary historical significance of the Clarence C. Bush Log Cabin is architectural as a rare surviving specimen of Great Depression era log construction. The design is very similar to other log buildings built under the auspices of New Deal federal relief programs during the 1930s and reflects the vernacular design themes which had been evolving in the National Park Service since 1916 for rustic styled park buildings (see the "Shelters and Recreation Buildings" chapter in the 1935 edition of the Park Service manual Park Structures and Facilities). Through the use of native materials and traditional construction methods, the log cabin was designed to achieve harmony with the other camp buildings and its physical surroundings. The log cabin also derives historical significance from its association with Clarence C. Bush and the Northrup King & Co. seed test plot in Eden Prairie within the broad local historic context of agricultural development. The name Clarence C. Bush Log Cabin best reflects the property's historic importance rather than its original use. The term log cabin is preferred over log house because, historically, log cabins differed from log houses in that the walls of cabins were built of undressed round logs, while the walls of log houses were hewn, i.e., they were given a rough flat surface on two sides (using an adze) before raising. (In the first edition of Noah Webster's American Dictionary (published in 1827), cabin is defined as "[a] cottage; a hut, or small house," and its etymology is traced to the French word for cottage.) Chronology 1935: Date of construction 1935-40: WPA and NYA camp 1942-44: U.S. Army Camp Savage 1946: Acquired by Clarence C. Bush and moved to Eden Prairie 1957: Sold by Bush 1973: Acquired by the City of Eden Prairie 1988: Staring Lake Outdoor Center opens Historic Context The log cabin is an architectural legacy of the Great Depression. The stock market crash of 1929 ushered in a bleak decade in United States economic history and by the early 1930's the high unemployment rate was a national crisis with no ready solution at hand. The administration of President Franklin D. Roosevelt responded to the crisis with a "New Deal" that included federal government programs to provide meaningful work for the able-bodied unemployed. The "alphabet soup" of New Deal agencies and programs Bush Log Cabin Heritage Preservation Site—page 6 included the Federal Emergency Relief Administration (FERA), the Public Works Administration (PWA), the Civil Works Administration (CWA), and the Civilian Conservation Corps (CCC). In 1935, many of the original New Deal programs were replaced by an umbrella program, entitled the Works Progress Administration (WPA). The WPA (officially renamed the Works Projects Administration in 1938) was intended to increase the purchasing power of persons on relief by employing them on a variety of public projects. Until 1940, most of the work provided by the WPA was in the construction industries, although there were also jobs programs for unemployed office workers, artists, homemakers, and professionals. WPA also supervised the activities of the National Youth Administration (NYA), which provided jobs and training for young men between the ages of 16 and 25. The WPA was the object of sharp criticism and its appropriation was drastically cut in 1939; a steady improvement in private-section employment caused further cuts and from 1940 on WPA efforts concentrated on the arts and pre-war propaganda. Nevertheless, by the time the WPA was disbanded in 1943, it had provided employment for over 8.5 million men and women at a cost to taxpayers of just $11 billion. The earliest Euro-American immigrants brought a variety of log building forms with them to Minnesota in the nineteenth century and adapted them to the newly settled communities. Log building throughout the state was influenced somewhat by folk architecture prototypes transported directly from Europe, but most settlers followed the vernacular traditions that had evolved over three centuries within the New England, Mid-Atlantic, and Upper South cultural hearths. The round log cabin, for example, was first introduced in North America by Scandinavian colonists ("forest Finns") who settled in the Delaware Valley during the mid-seventeenth century, but was generally superseded by the hewn-log building tradition adopted by western pioneers. Although new construction with logs persisted in northern Minnesota during the early twentieth century, it is unlikely that many log buildings were raised in the Minneapolis-Saint Paul area after about 1870. But as log buildings grew scarce, their iconic value was enhanced and by the turn of the century log construction was beginning to experience a resurgence as a popular form of "rustic" architecture in Adirondack camps, western resorts, and the new national parks. The nostalgic appeal of the log cabin manifested itself in the creation of the "Lincoln Logs" toy set, which was patented in 1916 by John Lloyd Wright, son of the famous Prairie School architect (the interlocking wooden building toy may have actually been invented by Joel Ellis a half-century earlier), and recorded over a million sales annually by the late 1930's. Not surprisingly, the Boy Scouts of America glorified the log cabin as a symbol of wilderness life: the first edition of the Official Handbook (1910) contains instructions for "Building a Log Cabin". The Great Depression (1929-1940) witnessed an extraordinary revival of log architecture. Because it evoked memories of a shared American heritage, log architecture had already been embraced by the National Park Service, which provided Bush Log Cabin Heritage Preservation Site page 7 technical support for the construction of camp buildings operated by the CCC in 1933. Plans and specifications drawn up by the National Park Service's Branch of Plans and Designs were also disseminated through the WPA program which erected thousands of log ranger stations, lodges, bridges, and lookout towers. Several dozen log buildings were eventually built by the CCC and the WPA in Minnesota, including many that became park buildings. The appeal of log cabin architecture was widespread in the general population, as evidenced by the profusion of "how to" books about log cabins, Scout huts, and "bungalows" that appeared in the 1930's and 1940's. The Bush Log Cabin is also associated with agricultural history; specifically, Northrup King & Co.'s seed testing facility in Eden Prairie. Although methods for germinating plant seeds have been known and used for thousands of years, scientific methods for testing seeds were not perfected until the late nineteenth century. Frederick Nobbe is credited with establishing the first field testing laboratory for plant seeds at Tharand, Germany, in 1869. E. H. Jenkins, an American botanist who had studied in Europe, noted the successful application of Nobbe's work in an 1876 report published by the Connecticut Agricultural Experiment Station. The U. S. Department of Agriculture began seed trials in 1896 and received Congressional authorization to test seeds purchased on the open market two years later. Scientific seed testing for purity, viability, and dormancy quickly emerged as an essential aid to modern commercial farming. Northrup King opened its Eden Prairie test plot in 1921 to test flower seeds for northern gardens. The continued heavy demand for all kinds of vegetable seeds prompted Northrup King to intensify vegetable breeding at the Eden Prairie research center under Clarence Bush during the 1940's and 1950's. From a one-acre flower test plant area, the test plots eventually grew to several hundred acres and included vegetables, turf, and field crops. The corporate genealogy of Northrup King begins in 1884, with the incorporation of Northrup, Braslan & Co., a wholesaler and retailer of agricultural and garden seeds. The Minneapolis-based company quickly became well known for its "Polar Brand Seeds" and mail-order seed catalog, first published in 1885. Renamed Northrup, Braslan & Goodwin Co. in 1887, the company received a vital infusion of capital from Colonel S. W. King and his son Preston in the early 1890's, but in 1896 a fire destroyed the company's headquarters and the loss forced it into bankruptcy. Later in 1896, a new company emerged under the name Northrup King & Co. Because it was heavily dependent on railroads for long-distance shipping, in 1917 Northrup King built a new headquarters complex in northeast Minneapolis alongside the tracks of the Great Northern and Northern Pacific railways. Northrup King offered its stock to the public in 1968 and in 1976 the company was purchased by the Swiss conglomerate Sandoz AG. Bush Log Cabin Heritage Preservation Site—page 8 IV. SOURCES OF INFORMATION Original plans and construction documents for the log cabin have not been found in federal, state, county, or municipal archives. However, the Eden Prairie Heritage Preservation Commission and the Eden Prairie Historical Society have collected some old photographs, maps, industry and business records, city records, and notes of interviews, including some photographs of the building on its original site and information on Clarence Bush. The following published works provide background information related to the property's architectural and historical associations: Brown, Conrad Nigel. "Lincoln Logs." Inland Architect 115 (1998):116. Final Report National Youth Administration for the State of Minnesota:Sept. 1935 to July 1943. U.S. National Youth Administration (Minnesota), 1943. Military Intelligence Service Language School. MISLS Album. [Minneapolis?]: MISLS, 1946. [136-page yearbook of the Army language school.] Minnesota Historical Society. Photograph Collection. Northrup King Co., Co. records, 1884-1985. Minnesota Historical Society, Saint Paul. One Hundred Years of Trust, 184-1984. Minneapolis: Northrup King Co., 1984. [62-page history of the company published for its centennial.] Tweed, William C., Laura E. Soulliere, and Henry G. Law. Rustic Architecture: 1916-1942. Washington: National Park Service, 1977. Bush Log Cabin Heritage Preservation Site—page 9 V. TREATMENT PLAN Expectations The Heritage Preservation Commission (HPC) is responsible for reviewing site alteration permits involving designated Heritage Preservation Sites. To this end, the HPC has adopted the Secretary of the Interior's Standards for the Treatment of Historic Properties as the basis for its decision review decisions. Treatment Concept The preferred treatment of the Clarence C. Bush Log Cabin is rehabilitation, which is defined in the Secretary of the Interior's Standards as the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. While city officials will need to ensure that the integrity of existing historic features is preserved, the HPC does not envision significant restoration work to recover architectural details lost prior to 1957. The present use of the historic building as part of the Staring Lake Outdoor Center is wholly compatible with its historic character. For preservation planning purposes, the log cabin's "period of significance" is 1935 to 1957. The period of significance begins with the date of original construction and spans the length of time when the building attained the architectural characteristics and historical associations which qualify it for registration. While the Heritage Preservation Site criteria do not limit the consideration of moved historic properties, every effort will be made to preserve the Bush Log Cabin in place as an integral part of the Staring Lake Outdoor Center. Permit Review Standards and Guidelines Design review decisions should give priority to: • Retaining original logs, frames, and millwork whenever possible, with replacement of deteriorated log members only when necessary. • Repairing or replacing deteriorated interior woodwork and masonry with new material that duplicates the old (pre-1957) as closely as possible. • Preserving the existing ground plan and roof shape. • Retaining the existing window and door openings. Bush Log Cabin Heritage Preservation Site—page 10 • Staining the exterior log walls only when necessary to prevent deterioration; and using a stain mixture that duplicates the original color as closely as possible. • Preserving as much original (pre-1957) interior material as possible, except where removal or replacement is essential for safety or efficiency. • Keeping adjacent new construction to a minimum, making the new work visually unobtrusive or compatible with the log cabin in scale. The use of contemporary designs and materials should not be discouraged when they are compatible with the character of the historic property. • Recognizing the special problems inherent in log structural systems. • Placing mechanical systems in areas that will require the least possible alteration to the physical appearance of the building. For additional guidance, consult The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring & Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 1995). Best Management Practices While the Secretary of the Interior's Standards provide the basis for a regulatory approach to heritage resource protection, the development and use of Best Management Practices (BMP's) can prevent or minimize the impact of routine activities that degrade historical significance and integrity in Heritage Preservation Sites. BMP's should be reasonable, achievable, and cost-effective; and because each preservation resource is unique, BMP's also need to be tailored to meet the requirements of individual properties. The development of BMP's for the Clarence C. Bush Log Cabin shall be a joint responsibility of Eden Prairie Parks Department and the HPC. Bush Log Cabin Heritage Preservation Site—page 11 VI. ADDITIONAL DOCUMENTATION 1) Location Map 2) Archival Photographs 3) Contemporary Photographs 4) Minnesota SHPO Comment Letter 5) Heritage Preservation Site Public Hearing Notice 6) Resolution Bush Log Cabin Heritage Preservation Site—page 12 Appendix: h 'yti 5 } 1. ti rf 1 • . lir* 'a{'-, -. _ • • - . . •� ter. • +� Outdoor Center rl : ' 4= ! • . .• / t-Prv:Aylf./P....:,-: .,:. iy..):5:.-. . ._ ..., _ . • k. •Y • E Y ' 1 ' --Ori4 : • • .. - • ..*. • Staring Lake Outdoor Center Eden Prairie, MN RN Parcels EDEN C1Heritage Preservatiort Site Prapased Boundary PliAIRIE 1 inch= 1CO feet �v r` . `,:', ' ,I.,1.,i- . ..... k A . . , . , ' ill: , :0:L':4 \ ' 1 A . 0:0 i i , . .. I IIIP r `ti t1 1 ' . ' a'`� .. . lit 4\ ' fl. - . At ‘ .e,,, ?Li ik . • ley t '�, -- y .... �4r l RK r it �. ,ter Recreation building (SLOC) can be seen in background on right 4. - - 11 — y • • i —- _ - .�...r . ii R - . Recreation building shown at the work camp located at Savage ,* ,I Pq lqE c #_' aV � VE .nA M F W , - ldgl!'c C,10E d j' r • Staring Lake Outdoor Center,viewed from the north r ,, r { • a 'ram" r ! <, r , • s aysi J.a. ;P...<€ k� .r %f4f L�Sq` ` .}I �;, P P{;, 4 a t 1 . } - u y xt d N r tRt r Ytir I _ >r +� . a �- e.. _ - _ �, y ".•• Staring Lake Outdoor center,viewed from the south • • ! ., •-, .7.!-::--- ,..-. -!--.-., ---. • ., . . -.,..-- . .• .., --___ ,- - . , ,.. - - ..:. _ . '.•,,Als • ...--,... • -4111011141 -- --• . . •---- - - — -- r. ii i ii p: —- __,I; ilE7 A . . -. . • 5:' la 1 rx 1 ..--- 7.,1 1111 III la it own - 1 i EN I;r a i f•1 • En an so mi. 4 I , - el li li: .- --- - •• , - roe • ! min ma mi. ..3—.. i " ' ,, - IN il 717 r r-'‘•!- - • ...- - _ _• - ._. _._ . • v...., -------,r -aim.. F -".— -....=_L..... Jc•-• _ . - -.. ...'"''':" .::•.1111,m'. -. ..-...-•'...-- 7--—7."11:-7-11.;;;''- -:-."--1i- -.-;A ''' ..._ The Outdoor Center's activity room interior .._;-- •_ . -----, -- '• -..----..<- - ----- -- '--- '- --, ---. -- - -_. . --_--._ -- NM . " :dg•:--f------1*--,--.1-,wip• 'I'M .S _ - '•'-'' - •:-•:• .. 611165.5-..: im1.0.- ._,.111.1114110 MM.. -IL-•;.,----..-5;...-- -dr...m. . ... i t I.._ A. _ _. ..,.......................... ___.!-- --_--------- .- ••==illkwl.:- ' .=_. I ----- 2.4,.... • ..-,, .. -•• - •••••-:----_,-_-._ 6 .. „...„... .41 ..--: _ _ __ .rn;.• ... - ..., -...'..;„.. _ Fireplace in activity room CITY COUNCIL AGENDA DATE: April 16, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Glen Lake Children's Camp Development/Planning Janet Jeremiah Heritage Preservation Site Designation Requested Action Move to: • Close the Public Hearing; and • Adopt lst reading of an Ordinance designating the Glen Lake Children's Camp as a Heritage Preservation Site. Synopsis This is a public hearing about to designating the Glen Lake Children Camp as a Heritage Preservation Site. The Heritage Preservation Commission held a public hearing on March 18, 2013, for the designation. The commission voted 4-0 to recommend approval of the designation. Attachments 1. Staff Memo 2. Location Map 3. Guide Plan Map 4. Zoning Map 5. Aerial photo 6. Unapproved HPC minutes 03-18-13 7. HPC Site Designation Packet Date: March 15, 2013 Memo: To: Heritage Preservation Commission From: Michal Franzen, City Planner Subject: Glen Lake Children's Camp Heritage Preservation Site Public Hearing Background: The City code requires the Commission recommending to the Council any building, historic district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350) feet of the boundary of the area to be designated a Heritage Preservation Site. Official notice was published in the Eden Prairie News on March 7, 2013. Notices were mailed to the property owners within 500 feet on March 8, 2013. Commission Procedure 1. The chair should state, "I would like to open the public hearing on the Heritage Preservation Site Designation for the Glen Lake Children's Camp. Is there anyone present that would like to comment? " 2. If no one from the public wants to comment, the chair should state, "I would like a motion and second to close the public hearing. " 3. The chair then states"All those in favor signify by saying aye, those opposed say nay." 4. The chair then states" I would like one of the commission members to make the following motion". MOTION: Move to recommend to the City Council that the Glen Lake Children's Camp property be designated as a Heritage Preservation Site. 5. The chair then states, " is there a second" 6. The chair the states"All those in favor signify by saying aye, those opposed say nay." 7. The chair then states, "motion passes (indicate vote ie 6-0). Area Location Map - Address: 6350 Indian Chief Road, Eden Prairie, MN ..' 62nd Street (Crosstown) O Indian Chief road IlLIllb W 4110 W --____ SITE • _ O�.. 6350 Indian Chief Road kT010 lw 1 1 / ,,,, ..,... .....4, , _ .. ..iv Nw\j, k #* NW. • 11,' "47,` ,. .Av ' NrA4'40* ',11-4,/ Ill . t. -1------- Afti w. 4 jr. W • 11 EEL' c � III � ► . • I.► 116116 # . .1. I 4r4VI1 ities• av4= - " • • 40 I\ , 00 0 ravt- ,Imr w * N • CCCOZ ..10 W - .‘sw ty mi,, L Guide Plan Map 6350 Indian Chief Road, Eden Prairie, MN Minnetonka Lake Riley 95, Text o GLEN LAKE Go T W 62ND SMNIMiliaiftiafts...._— W bLNU 51 � ' /r7 N 111,1DR y 62nd Street (Crosstown) j 1PP �Q 1 S FN DR J /of ,Il E idii ,`' i+,gar #it. re op -ommulpfr it l• ..,, a . 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Community Commercial I//n Low Density/Public/Open Space Regional Commercial '. * +: 11 -Medium Density residential 2.5-10 Units/Acre ®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN ®Medium Density Residential/Office Park/Open Space DATE Revised 11- -05 DATE Revised 06-01-07 DATE Revised 02-2323-06 DATE Revised 10-01-07 -High Density Residential 10-40 Units/Acre MI Public/Quasi-Public Legend DATE Revised 03-23-06 DATE Revised 03-01-08 � DATE Revised 06-23-06 DATE Revised 03-01-09 I -Airport I Golf Course Office -Church/Cemetary PRAI RI E Office/Industrial 1 Open Water LIVE•WORK•QAEAM 7 Office/Public/Open Space -Right-Of-Way E, uo,....,.0=m...,®..=..,=.,4AQ.aF_.A,,.,o® 0 625 1,250 2,500 Feet I I I I I I I Zoning Map 6350 Indian Chief Road, Eden Prairie MN Minnetonka O GLEN LAKE GO r T t" W 62ND ST NIII my . .. : i... 62nd Street (Crosstown) 1 fl■■■■s■.� 41 ripprimit w 11 11l _ i _1uIIIt — I . 1 r N I lIN R W I INEUM■Irr ) .)1—'.\\\\_Th.\\)t1 nri i IVIMPAMINOP 444* # . a pi, RD 041.111111pp ,..L \Allt '..AI" ...._ Iiir.0,, 1 ., do 6350 Indian Chief Road �' low 111°. 70 N 116 ,11111 .....- , ,. _ i\1 :1 , </, ..' Arm=6 #liosiit. 111,,,% .„„,,,:: „, __, ,,,,,., lik iimor NOM - wAt - - ... , .111 ip .._- i : frt . :... 0 pi/11 111111111111 # Iiii No. _- jill' 0 ' ---- . lor. i.:*.411 likt 11 k MEI i'i- �. 16111.5.1 glum ■ ... Rural -Regional Comm City of Eden Prairie Zoning M a p Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7 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) I 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. 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 0.2 0.4 -Regional Service Commercial Miles AERIAL MAP 6350 Indian Chief Road, Eden Prairie, MN I. _ .06 6 .. - _ - -• _ - Ad" liki , . 7, 7 / ' 04.mig - - -- _ _ ----- - ------7-----:- NIII ----- : - .. ...t. At' \ ---INIVLik ' - , 'f.• ' - -1,2*-'-'-` •--1--..\/' 4rAto ---, . ,v ,.- - - 62nd Street (Crosstown) - - dr* -' ' - % • i , --- 111111* 'r .. la'''''' . • . ;•.F', - -....._ ' 4 . . .. • 41\1 0 .L... ... , . ., . ,, fAwblestrsiog . .... ...., mmipiosot -41 _ -/ ikvilli 04,1 ins 6350 Indian Chief Road . .. - k. 0,0- sow , wilivip 4. - ' 4, OPIIIPWA.1)****414111116411 er * iii A,t4S* Okt4 ad 44 6 A ma I,,..._k 4 iii• MI lir*41, :. . 1111 ' WA rff SS m. WA of nir Joil `.. WO II VNAlsoprio4 III ME At, - "' ,_ gortio, rolir N ifilkwAsio __ olopio im_ , wit a Limit .: vokr• .- - - i gisr 4 II la kliw ii CIO 41Tity ,011i II UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION THURSDAY, MARCH 18, 2013 7:00 P.M., CITY CENTER Prairie Rooms A& B COMMISSION MEMBERS: Ed Muehlberg (Chair), Cindy Cofer Evert(Vice Chair), Jeffrey Lawler, Mark McPherson, Steve Olson, JoAnn McGuire STAFF: John Gertz, Pathfinder CRM, LLC Lori Creamer, Staff Liaison Heidi Wojahn, Recording Secretary STUDENT REPRESENTATIVES: Melissa Berman, Leanne Zhang I. CALL TO ORDER/ROLL CALL Chair Muehlberg called the meeting to order at 7:06 p.m. Commissioners Cofer Evert and McGuire and Student Representative Zhang were absent. II. APPROVAL OF AGENDA Creamer said the Eden Prairie Community Foundation grant process would be discussed immediately following Item VA. 2013 CLG GRANT UPDATE and noted she had new information to report under Item VIII. FYI ITEMS. MOTION: McPherson moved, seconded by Olson, to approve the agenda as noted. Motion carried 4-0. III. APPROVAL OF MINUTES MOTION: Lawler moved, seconded by Olson, to approve the February 11, 2013 minutes. Motion carried 4-0. McPherson expressed concern that items from the minutes might be forgotten if not added to the Work Plan. Work Plan Review should remain a regular agenda item. Creamer said it serves as a guide. Items are added and checked off on a monthly basis. Gertz said each person has an electronic version they can keep and bring to each meeting. HERITAGE PRESERVATION COMMISSION MINUTES March 18, 2013 Page 2 IV. PUBLIC HEARING A. LOCAL DESIGNATION OF HERITAGE SITE—GLEN LAKE CHILDREN's CAMP Recommendation to designate Glen Lake Children's Camp as a Heritage Preservation Site. A memo from City Planner, Mike Franzen, indicated official notice of this public hearing was published March 7, 2013 in the Eden Prairie News and sent to property owners within 500 feet on March 8, 2013. Muehlberg asked if anyone wished to address the Commission on this matter. Travis Dahlke of 6527 Kurtz Lane said his backyard buts up against what used to be lakeshore. He attended to find out more about what is meant by a heritage site. Gertz said the primary purpose is to preserve the historical integrity of the property. The camp is on the National Register of Historic Places and review criteria are the same for the Local Register. Gertz showed Dahlke a document of the process the owner goes through once the property has been designated. He noted the standards are more like guidelines. The camp has an agreement with the State Historic Preservation office (SHPO) to maintain the property according to these standards. Property within that boundary comes under the review of HPC for any major building or site alterations,primarily those that are non-reversible. HPC would use the standards to assess proposals. Dahlke said the background information was helpful but he was more curious about the lake. He asked if work were to be done on the lake itself,would it be under City control because it is park land or would it fall under HPC scrutiny. Gertz said raising the lake level is not an issue. HPC would be involved if the character of the lake were to be impacted, such as dredging or modifications to the beach. If this were the case, there would be other components involved including the watershed district and City engineering department. The reason Friendship Ventures has a letter of agreement with the State is because they received state funds. This means they agree to the review process for a set period of time. They are federal guidelines, but the monitoring is done by SHPO because it is the office that provided the camp with money. Creamer noted the camp's lease is up December 31, 2014 and they have the option to renew for another ten years. Dahlke inquired about the lack of success with the lake restoration. McPherson said it was damaged several years ago when Highway 62 was expanded. The problem was supposedly corrected. Dahlke said the lake level has not gone up. Gertz said development and pumping out of wells has created a statewide problem for lakes. He suggested Dahlke talk to Leslie Stovring in Engineering for additional information. MOTION: Lawler moved, seconded by Olson, to close the public hearing. Motion carried 4-0. MOTION: McPherson moved, seconded by Lawler, to approve the Finding of Significance for Glen Lake Children's Camp. Motion carried 4-0. HERITAGE PRESERVATION COMMISSION MINUTES March 18, 2013 Page 3 MOTION: McPherson moved, seconded by Lawler, to recommend to the City Council that the Glen Lake Children's Camp property be designated as a Heritage Preservation Site. Motion carried 4-0. XI. ADJOURNMENT MOTION: Lawler moved, seconded by Olson, to adjourn. Motion carried 4-0. Chair Muehlberg adjourned the meeting at 8:54 p.m. _5,h.:•"s.+m4'...�isffia'F. eP'...c,:'i:: f.lA. a...e; rta'n'.r. -,.,,,xeari�� ':'-:..' 'F.Ss.:;':..n...Ch:.`.;.-&�.., ra:W.:-.". ..:.:..,dt"x.ra4r?1::.'.:;':rafe..: ,.,e'^'F.K.r..r,w _--s1¢.„,.<,.r..x _„ Agit 1"r.— I 0 ,iirls, A, ? I ): k iR 1r 1 , 3: City of Eden Prairie Heritage Preservation commission Site Nomination Glen Lake Children's Camp Prepared For City of Eden Prairie Heritage Preservation Commission Submitted By Pathfinder CRM, LLC 2013 CITY OF EDEN PRAIRIE HERITAGE PRESERVATION SITE NOMINATION GLEN LAKE CHILDREN'S CAMP This report contains information supporting the nomination of the Glen Lake Children's Camp for designation as a Heritage Preservation Site pursuant to City Code §11.05. It identifies and locates the historic property, explains how it meets the Heritage Preservation Site eligibility criteria, makes the case for its historic significance and integrity, and recommends a plan of treatment to guide site preservation and rehabilitation efforts. Once the Glen Lake Children's Camp has been designated a Heritage Preservation Site by the Eden Prairie City Council, this document will become part of the official record. The Glen Lake Children's Camp was listed in the National Register of Historic Places in 1999. The National Register of Historic Places Registration Form prepared by Rolf Anderson describes the property in detail and is included in the national archive of information about significant historic properties. Historical research and survey work done for the Heritage Preservation Site nomination determined there was no need to refine or revise the description contained in the National Register registration form, which should be made a part of the Heritage Preservation Site designation. The report is divided into five sections: planning information, description, significance, sources of information, and treatment plan. Maps, plans, photographs, and other supporting documents are included as attachments. Following Heritage Preservation Site designation by the City Council, the State Historic Preservation Officer comment letter, public hearing notice, and a signed copy of the resolution should be added here. The draft report was prepared by Pathfinder CRM, preservation consultants retained by the City of Eden Prairie, who are solely responsible for the information contained herein. Glen Lake Children's Camp Heritage Preservation Site—page 1 I. PLANNING INFORMATION Name The historic name of the property being nominated is the Glen Lake Children's Camp. It is also known as Camp Eden Wood Center. Location Subject property is located at 6350 Indian Chief Road, Eden Prairie. Boundaries The heritage preservation site boundaries are coextensive with those of the property that is listed in the National Register of Historic Places. The site comprises approximately 7 acres. Owner The property is owned by the City of Eden Prairie and operated as part of the Eden Wood Center by Friendship Ventures. Classification For preservation planning purposes, the Glen Lake Children's Camp is considered a group of functionally and historically related buildings. Present Use The historic property currently functions as a recreational camp facility. Glen Lake Children's Camp Heritage Preservation Site—page 2 II. DESCRIPTION General Character The Glen Lake Children's Camp consists of seven buildings, one historic structure, and one historic object situated on a wooded hillcrest overlooking Birch Island Lake. Three of the buildings (the Dining Hall, Dormitory, and Garage I), as well as the Road and the Stone Monument, date from the property's period of historical significance (1925-1949) and are treated as historic resources. The three contemporary buildings which share the site are not considered historic resources. Built in 1925, the Dining Hall/Recreation Building and the Dormitory Building are the focal points for heritage preservation activities. The property's current function as a summer residence camp for the developmentally disabled closely mirrors its original function as an adjunct to the Glen Lake Sanitarium. Physical Setting The preservation site is located on the crest of a low hill overlooking an arm of Birch Island Lake. The surrounding terrain is characteristic of a glacial end moraine, rough and broken, with steep hills rising above deep depressions that are occupied by small lakes and wetlands. The natural vegetation at the time of the public land survey was maple- basswood forest dominated by elm, basswood, sugar maple, and red oak in low-lying areas, with bur oak woodland interspersed with prairie openings on the dissected upland surfaces. The hydrology of Birch Island Lake has been drastically altered since the children's camp was built: normal lake levels have been receding for many years (the result of construction of State Highway 62); however, the Nine Mile Watershed District is presently implementing restoration work to raise the lake to historic levels. Moreover, large areas formerly covered by standing water and now dry land or wetlands will see improvement. After more than 150 years of settlement, all of the natural plant communities have been heavily disturbed; only a few scattered stands of paper birch trees, for example, are found in the Birch Island Lake basin. Buildings To briefly summarize, subject property consists of the following buildings and features: Dining Hall/Recreation Building. This large, one-story, frame building was constructed in 1925 to house the facility's combined dining and recreation room, kitchen, utility space, and a small office. The building has a steeply pitched hip roof and is sheathed with wide-reveal lap siding. Other historic character- defining architectural details include the extended roof eaves with exposed rafter-tails, six-light awning-type windows, the brick fireplace, and three metal rooftop ventilators. Although it has been altered slightly from its original appearance, the building is in a good state of preservation. Glen Lake Children's Camp Heritage Preservation Site page 3 Dormitory Building. This large, one-story, frame building is similar to the Dining Hall/Recreation Building in design, construction, and materials. As built, the dormitory provided separate sleeping rooms and washrooms for boys and girls, staff quarters, and storage space. Like the Dining Hall/Recreation Building, it has also been slightly altered from its original appearance but retains all of the important aspects of historic integrity needed to qualify for national and local registration. Stone Monument. A large boulder located at the entrance to the camp bears an inscription honoring Mr. and Mrs. George H. Christian for their efforts in establishing the Glen Lake Children's Camp. Because the inscription is believed to date from 1925, the boulder has preservation value as an historic object that contributes to the historic character of the property. Road. The single-lane, unpaved access road is depicted on the original 1925 site plan and is preserved as an historic landscape feature that contributes to the historic character of the property. Garage I. The oldest outbuilding on the property is a small frame garage believed to date from ca. 1930. It has a gable roof and is clad with the same lap siding as the Dormitory and Dining Hall buildings. Although it lacks historical significance in its own right, the garage contributes to the historic character of the property because of its association with the children's camp. Garage II. This small frame outbuilding was built in the 1980s and is not regarded as an historic resource. Boulay House. This one-story frame building was originally constructed in 1973- 75 as a partially enclosed shelter. It was subsequently converted to year-round residential use, thanks to the support of the West Bloomington Lions Club. The Boulay House is considered a non-contributing resource. Lion's Den. This L-shaped, gable-roofed frame building was constructed in 1982 for residential use. Like the Boulay House, it was constructed after the camp property's period of significance and is considered non-contributing. The primary heritage preservation resources are the Dining Hall/Recreation Building and the Dormitory Building. The original camp buildings appear to have been loosely modeled after the Adirondack camp style lodges, although without the picturesque detailing. They have long and narrow plans in order to provide maximum cross ventilation and natural light, and the rooms are arranged to create informal but highly efficient spaces. Architectural detailing, in the form of gently pitched overhanging roofs, exposed rafters, and rough-cut lap siding, shows the influence of the Craftsman or Glen Lake Children's Camp Heritage Preservation Site—page 4 Bungalow Style. The Craftsman Style evolved in California in the 1890's and quickly spread to other parts of the country where it was adapted to a wide range of residential building types, including the cottage-like bungalows that were popularized in architectural plan books and magazines after 1905. The style was also readily adapted to schools and other types of institutional buildings and remained popular until about the time of World War II. Additions and Alterations The Dining Hall/Recreation Building, Dormitory Building, Garage I, Stone Monument, and Road were constructed between 1925 and ca. 1930. With the exception of the Stone Monument, each has been altered somewhat from its original appearance, although the changes were minor and did not remove distinctive architectural features. The only major change made to the Dormitory occurred in 2006, when the building was jacked up and a poured concrete foundation was installed (replacing the 1925 concrete piers) in an effort to correct a persistent site drainage problem. Safety and code requirements have also altered the appearance of building exteriors and interiors to some extent. Glen Lake Children's Camp Heritage Preservation Site—page 5 III. SIGNIFICANCE General Statement The National Register form states: The Glen Lake Children's Camp is historically significant under National Register Criterion A [association with important events] in the area of Health and Medicine for its association with the treatment of tuberculosis in children. From 1925 to 1950 the camp provided a healthy summer experience for children infected with tuberculosis in order to prevent the development of an active form of the disease. The camp is important for its ability to recall the history of the treatment and prevention of tuberculosis . . . The camp is Minnesota's only known surviving example among the several summer camps for tuberculosis children and appears to be an extremely rare property type with only one similar site identified anywhere in the United States. The National Register documentation goes on to state that the property is the only surviving component of Glen Lake Sanatorium, at one time the state's largest tuberculosis facility; and that it is the only known extant property associated with the philanthropic efforts of George H. and Leonora Hall Christian. Chronology 1914: Hennepin County begins construction of Glen Lake Sanatorium 1916: Glen Lake Sanatorium admits first patient; Children's Aid Society founded 1925: Glen Lake Children's Camp opens 1943: Discovery of antibiotic streptomycin (streptomycin sulfate) 1950: Children's camp closes 1957: Camp property leased to Minnesota Association for Retarded Persons 1976: Last TB patient discharged from Glen Lake Sanatorium 1983: Hennepin County transfers the camp property to the City of Eden Prairie 1993: Glen Lake Sanatorium buildings demolished 1999: Glen Lake Children's Camp listed in the National Register of Historic Places Historic Context The history of the Glen Lake Children's Camp begins with the sanatoriums created during the late nineteenth and early twentieth centuries for the treatment and isolation of patients with tuberculosis (TB). The "Sanatorium Age" in the United States dates from 1885, when Dr. Edward Livingston Trudeau opened the Adirondack Cottage Sanatorium in upstate New York. Initially, sanatoriums were only open to the financially well-off who could afford several months' stay in what amounted to a Gilded Age health resort. The first government operated "homes for consumptives" were established in Glen Lake Children's Camp Heritage Preservation Site—page 6 the 1890's and in 1913 the Minnesota legislature directed the counties to build sanatoriums, leading to the creation of the Glen Lake Sanatorium in rural Minnetonka Township. Like the other sanatoriums, the Glen Lake facility at Oak Terrace was essentially a large medical center that specialized in the diagnosis and recovery of patients with active TB. Treatment emphasized lessening the symptoms of the disease and enhancing general physical health by rest, fresh air, wholesome food, and education. Although there were surgical procedures and vaccines by the 1920's, there was no "cure" for TB until the creation of antibiotics in the 1940's. In 1916 the Children's Aid Society was established in Minneapolis through the philanthropic efforts of George H. Christian and his wife Leonora Hall Christian. Since the early 1900's, various organizations had promoted summer day camps for Twin Cities area children infected with juvenile tuberculosis (the non-symptomatic, non-contagious form of the disease, as indicated by a positive Mantoux test). In contrast to the sanatoriums, where the treatment regimen emphasized isolation and rehabilitation for patients with active TB, the primary mission of the summer camps was to teach children how to manage their TB and enhance their general physical wellness through healthy diet (heavy in dairy products) and outdoor exercise. The directors of the Children's Aid Society soon realized, however, that the day camp programs were simply too small to meet the epidemic in juvenile TB. Through the efforts of Mr. and Mrs. Christian, a proposal was introduced to acquire proper facilities for a permanent TB summer camp, and in 1925 the Society purchased a plot of land overlooking Birch Island Lake in rural Eden Prairie Township, a few miles from the existing Glen Lake Sanatorium in Minnetonka. Designed by the Minneapolis firm of Sund & Dunham, the Glen Lake Children's Camp was a collection of rustic buildings resembling the then-popular Craftsman or "bungalow" style. The two original units of the camp complex were designed specifically for sleeping, dining, and other functional uses and were intended to blend into the rural surroundings. The camp grounds also included outdoor play areas, a swimming beach, gardens, and walking paths. The Children's Aid Society appropriated $11,000 for construction and the buildings were completed and opened to the first group of 85 campers in June 1925. For its time, the camp was a state of the art facility that benefited greatly from its affiliation with the Glen Lake Sanatorium, regarded as one of the most advanced TB research and treatment facilities in the nation. Its lakeside setting, with its fresh air, luxuriant woods, and clean water, was considered ideal for beneficial results, and during the quarter-century of its operation the camp was a haven for hundreds of children with juvenile tuberculosis. Like the early sanatoriums, the camp treatment program was directed toward lessening the symptoms and enhancing the general physical health of the children through sunlight, fresh air, good nutrition, and outdoor exercise. To this end, camp buildings were designed so that the children ate and slept in front of open windows and were encouraged to spend as much time as possible out of doors. Glen Lake Children's Camp Heritage Preservation Site—page 7 Great strides were taken in the fight against TB between 1925 and 1950. The pasteurization of milk and the development of the B.C.G. vaccine, along with various surgical treatments, produced a steady decline in the number of new cases. Through early diagnosis and hospitalization, the death rate from TB also dropped steadily, despite a sharp increase during World War II (attributed to crowded urban conditions brought on by wartime industrialization). The discovery of Streptomycin in 1943 signaled the turning point in the fight against the "Great White Death," and by the 1950's antibiotic drugs had essentially eliminated TB from the mainstream population. The eradication of TB meant the end of the sanatoriums, although the Glen Lake facility did not close its doors until the 1970's. The number of summer camp participants at Glen Lake began to decline in the 1930's and after 1949 the facility was no longer needed. The camp sat idle for a few years and re-opened in 1957 as a summer camp for developmentally disabled children, essentially replicating its historic function as a TB camp. The 1999 National Register form discusses in detail how the Glen Lake Children's Camp meets the National Register criteria for significance and marshals a wide range of primary and secondary source materials to place the property in its proper historic context. Section 8 of the registration form describes the broad pattern of events relating to the sanatorium movement in the United States with special reference to the fight against tuberculosis in Minnesota. A fully documented, comprehensive history of the Glen Lake Sanatorium and Children's Camp links the broad contextual themes to local events and people. The historical documentation includes important information about George H. and Leonora Hall Christian, the Children's Aid Society (est. 1916), and the architects Arthur Barrett Dunham (1887-1972) and Engelbret Sund (1880-1938). Glen Lake Children's Camp Heritage Preservation Site—page 8 IV. SOURCES OF INFORMATION Some original drawings have been preserved in relation to the 1925 construction of the Glen Lake Children's Camp. The National Register of Historic Places registration form is the primary source of historical and architectural information about the property. The following published works (not cited in the National Register documentation) provide background information related to the property's architectural and historical associations: Anderson, Betsy. "Glen Lake Children's Camp Steeped in History." Online at www.birchislandwood.org (originally published in the Eden Prairie News, 2003). Bendes, J. Harry. "Heliotherapy in the Treatment of Tuberculosis." Minnesota Medicine 7 (1924):154-160. [Glen Lake Sanatorium] Boynton, Ruth E. "Tuberculosis Mortality Among Children in Minnesota." Unpublished master's thesis, University of Minnesota, 1927. Callahan, Francis F. "The Present State of Tuberculosis in Minnesota." Minnesota Medicine 26 (1953):37-39. Jordan, Philip D. The People's Health: A History of Public Health in Minnesota to 1948. St. Paul: Minnesota Historical Society, 1953. Wilson, Leonard G. "The Rise and Fall of Tuberculosis in Minnesota: The Role of Infection." Bulletin of Historical Medicine 66 (1992):16-52. Glen Lake Children's Camp Heritage Preservation Site—page 9 V. TREATMENT PLAN Expectations The Heritage Preservation Commission (HPC) is responsible for reviewing site alteration permits involving designated Heritage Preservation Sites. To this end, the HPC has adopted the Secretary of the Interior's Standards for the Treatment of Historic Properties as the basis for its decision review decisions. In February, 2008 the City retained the services of Brauer & Associates, Ltd., and Miller Dunwiddie Architecture to prepare the Eden Wood Center Master Plan Report. The plan was subsequently reviewed and approved by the City Council, Planning Commission, Parks and Recreation Commission, and the Heritage Preservation Commission. The State Historic Preservation Office (SHPO) also reviewed the report. As funds become available it is expected that the Master Plan will be implemented, likely in phases. At that time construction plans will be submitted for final approvals. Treatment Concept The preferred treatment of the Glen Lake Children's Camp is rehabilitation, which is defined in the Secretary of the Interior's Standards as the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. The City will work with the facility's operator to ensure that the integrity of significant historic features is preserved. Extensive restoration and reconstruction are not envisioned. Permit Review Standards and Guidelines Design review decisions should give priority to: • Retaining wood siding, whenever possible; repairing or replacing deteriorated material with new material that duplicates the old as closely as possible. • Preserving the original ground plan and roof shape. • Retaining the existing window and door openings. • Retaining the existing entrances, steps, and doorways. • Preserving as much of the original interior finishes as possible, except where removal or replacement is essential for safety. Glen Lake Children's Camp Heritage Preservation Site—page 10 • Keeping new additions and adjacent new construction to a minimum, making the new work visually compatible with the 1925 buildings in scale, materials, and texture. The use of contemporary designs and materials should not be discouraged when they are compatible with the character of the historic property. • Placing mechanical systems in areas that will require the least possible alteration to the physical appearance of the building. For additional guidance, consult The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring & Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 1995). Best Management Practices While the Secretary of the Interior's Standards provide the basis for a regulatory approach to heritage resource protection, the development and use of Best Management Practices (BMP's) can prevent or minimize the impact of routine activities that degrade historical significance and integrity in Heritage Preservation Sites. BMP's should be reasonable, achievable, and cost-effective; and because each preservation resource is unique, management practices also need to be tailored to meet the requirements of individual properties. The development of BMP's for the Glen Lake Children's Camp shall be a joint responsibility of the facility's operator and the City of Eden Prairie. Glen Lake Children's Camp Heritage Preservation Site—page 11 VI. ADDITIONAL DOCUMENTATION 1) Location Map 2) Archival Photographs 3) Contemporary Photographs 4) Minnesota SHPO Comment Letter 5) Heritage Preservation Site Public Hearing Notice 6) Resolution Glen Lake Children's Camp Heritage Preservation Site—page 12 Appendix: ' ......1„ i' •ram a' U.4+. . . '. i -it-'" i 4 • '1 r• i s , II aorr ory \ - s '-"-:' .-;A...:r:7.-.::; r:.:#:'.::...;''-.7:''^'::',.,...r.:"''F::::',.,? IN .v.. , ,.. . .„....„ „..r.,. :,.... . • . _. .,,.. • ...... . . :, w . ; }.'`;S '�:.,' { Dining Hal "1 . .; 7, 1:' 411:li. 1•4•4-:•71%-••-•-1-:k'..•;:.'?,.••• , •..1 '••Ao • ' • .• •El. .41, ••,• . ,, Wit. a ':i'R or. ,, • '` i. Glen Lake Children Camp '. ' ';: r . ,1 :. Eden Prairie, MN - a:• Parcels ESE .5 V r}tir. ' , .. 1 El NRHP Qistric4 Boundary PRdIRIE `r ' `' "'� ` � ' 1inth=176feet M1xrw. 9 c c.� �y �,�.. �` /(ra" .4- le • -if . - • 444-A 4 ._ , - <. _:„.. . . . -. it* 44 1 jNrILP+ '- . , it 4 .. it ....--------- 4 7,e, JO .- •- 11( Aerial view of the Glen Lake Sanatorium and Glen Lake Children's Camp Y 1 a �. ,. � s . r . l.. _ _� Yi F YI 4" ill!:tie \'1 �F[ y„t'i' .:r,';•�r.` Ili ,i/ , 1 !:� ,:',T ti......1 :,:_'L."7:1::-.:—.7:1-4.,-:-:.----7-4 _ 1/ iti g .2.! . 1 L.....1 'k . . ';'' -te r--_ ' ' . '4!.,! - A' . • _ . r; 'IAr• me IL mum I Historic photo of the dining hall building t1k'.r r. 'A -4 ' a.. ''--.' t '# •. r',•. t tit !., . •ir i V44f'' �• i a.:VI ` s•.t.•-1 :11 : , Or ww "404, i . .. . 's A. .., 1 ...,.., , . _.... . 1 . ,-. ,, A .,.. - . kit , . ..*iril : - r �.- �tsl.F .. -tip. 'v . A v}. Historic photo of the dormitory building • , i ,# .„, _a _. II •I 1 ,4 { .,,..._ A7,-.7 . } �?' 1 i ' ...,,,, . .. oil -- - - , ..... Mee rk,.., A 1 Fourth of July party .'n ' • . 1 i' PrIk .;%iiit! - .11 ._.. ' ill .• • ''" - All d . ' M -• fit, r "� f - •- R1 ,. Leaving camp to go swimming •..�� 4+ : r N. r . i ., irk , 04) is* -.1' }tilitt. . L ;. . I a. 1 _. .. _ . or ?i F . Craft time r # A7/. --_,-...dv 1 4— - 7•-.._ . . if ,A... , , __.....,....„ ., , ip : a - AL. I • ,..4... . ,...n_i_.,:, „.... d ..,, ....d.. .. ii;. 4,6 ' !1 rr s;i1-• - ..„.J,.,.. r L l' .. . 1 ge 1.11 ii to il T r Nap time ',.:- '` 1.*. ,..;.4,,--4N73' 4. ' s- ,.i.1;",,*: 34# ' # ''' - -°-. , • ,- : t' 'i°i•'464,-..•• -.Nrot*.r.,...:401.. ''' . - v r.:!. ,okiw* - _ ,....7,0 • •/els, -•-: - , •••ttr...--,.. , •• -, .• .te-pit, _ -A,!DJ%`14^ , :` . 44,1ill • ' . . :A'Iliall ""''''' ' '. - .... ''':- 4r" - k -,..•• -43•14 ' • S AV — - - * • . r. .•:: .....„ • _7•• n... • ail"'•°.-;"-1°0:- w- °F..1,e, iv .. -5ff ' ; ' .-5-"• .‘-‘ I I i ".. • --,- -••,•••..-" `' - ..,, w.,,,',:, I ,,,. . I ...••••••°' °''s ,v, , ,,...'-',.••• -' • ii . -°-7 0 e... -,•, •'°°..•" -' • •••%, :".F*,...v'-'1V. ''-'.•-t,• ._:••••;4,7ti:'°- '`' W.% 4'.`..',..- . ....% s.,-,. •.. kaad*-61 .1°..•-•"°->e.-1•#)- -• . , . " • _ ...- ' • k'`I.;';',..;31q.::,44),"<,',,7.,; . ' ...' .• '-" .,i,-.0;•.:,.,..._., , , _,.•.• "- _..,,,-,..4,6 ":74,- -i.:1:Z.: • , - ,..",;••. .. -,- •• „4.,-4.4,.. .A.A..,•11—.}j,W.--;" ,,,. °'s. ..... • °-,, - ; .71,""i '''' _.-5;,.--... , . , Dining hall . _ . - • . _ _:.anew fill f _ CA- 3 L• AIM I , : . , , . -- 11 • - . . -: • - . ...i.roarr.z • • • 1, •- _ -L-. *W. .• •.. i - • -k-Q41210401111 :-.•••-4,--.---'---..'-F--- '• . . •.---. 1 Fireplace in dining hall � ' F i f1 r. ± ..* � , , `y-S ' s . ',. ' ♦ : .:• n "tAf -�- it �. : •s.ti.; �. . 34:' 1 • -••00• '3..- - ' '•j mil. . 'x3 N•.rr • k ':: r. it %li 1. r:` a 5t - Ov a: r 1 1.T - ..f 11T :.ec�:kr.}. fir"" � fi�±; yy I`I i 1' ' �i 'sbi !F•.' C� :t r ;, }7'_,tom �. i 4 .„... .._:_....._.. i ,{ I - �_'. "a�rr • ir Dormitory 's: k .,�� ,sa l' 4 4h''1� t 4 T* k Y h ssr r / ti , G *- iii,r„. . r1 • ji;lr4.7 • • Dormitory's south wing vrt f,z, • - • -4 ai ? 3` fs Interpretive panel and historic memorial stone • • r � Yt .Ems monwem - Camp beach on Birch Island Lake CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 16, 2013 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 224787 - 225402 Wire Transfers 1002942- 1003316 Wire Transfers 4680—4713 4683 US Bank Purchasing Cards-January 4713 US Bank Purchasing Cards-February City of Eden Prairie Council Check Summary 4/16/2013 Division Amount Division Amount General 196,897 315 Economic Development 25,041 100 City Manager 1,533 502 Park Development 5,235 101 Legislative 8,183 509 CIP Fund 75,559 102 Legal Counsel 32,547 513 CIP Pavement Management 4,797 104 Contingency 10,000 522 Improvement Projects 2006 14,867 110 City Clerk 1,209 528 Shady Oak Rd-CR 61 North 28,955 111 Customer Service 13,910 529 Shady Oak Rd-CR 61 South 87,080 112 Human Resources 920 Total Capital Proiject Funds 241,534 113 Communications 20,030 114 Benefits&Training 13,959 601 Prairie Village Liquor 276,673 130 Assessing 2,699 602 Den Road Liquor 452,396 131 Finance 3,604 603 Prairie View Liquor 285,580 132 Housing and Community Services 11,228 605 Den Road Building 5,051 133 Planning 998 701 Water Fund 714,872 136 Public Safety Communications 10,750 702 Sewer Fund 592,379 137 Economic Development 768 703 Storm Drainage Fund 205,633 138 Community Development Admin. 910 Total Enterprise Funds 2,532,583 150 Park Administration 2,278 151 Park Maintenance 34,112 803 Escrow Fund 17,134 152 Parks Capital Outlay 6,954 806 SAC Agency Fund 36,525 153 Organized Athletics 132 807 Benefits Fund 1,421,653 154 Community Center 63,700 811 Property Insurance 5,000 156 Youth Programs 5,367 812 Fleet Internal Service 252,718 158 Senior Center 6,741 813 IT Internal Service 244,986 159 Recreation Administration 23,736 814 Facilities Capital ISF 3,002 160 Therapeutic Recreation 120 815 Facilites Operating ISF 74,325 162 Arts 1,994 816 Facilites City Center ISF 276,311 163 Outdoor Center 1,757 817 Facilites Comm.Center ISF 97,210 166 CC-Therapeutic Recreation 216 Total Internal Service Funds 2,428,863 167 CC-Youth Programs 187 168 Arts Center 1,984 Report Totals 6,222,400 180 Police 47,272 183 Emergency Preparedness 2,308 184 Fire 95,722 186 Inspections 1,171 200 Engineering 7,279 201 Street Maintenance 24,691 202 Street Lighting 80,199 Total General Funds 738,066 301 CDBG 67,426 303 Cemetary Operation 917 304 Senior Board 836 308 E-911 15,729 309 DWI Forfeiture 463 312 Recycle Rebate 1,039 317 Eden Prairie Players 1,446 Total Special Revenue Funds 87,856 423 2003C Open Space Bonds 192,749 443 2012C GO Perm Impr Ref Bonds 750 Total Debt Service Funds 193,499 City of Eden Prairie Council Check Register 4/16/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225142 306,768 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical&Dental Premium 224857 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 225270 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 4698 226,445 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4685 224,713 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4705 215,164 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 225401 208,855 CHAMPION COATINGS Other Contracted Services Water Capital Water Plant Clarifier Recoating 4682 192,318 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon Bond Payment 4688 138,429 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4701 137,861 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 1003095 136,610 NEW WORLD SYSTEMS Software Maintenance IT Operating Police\Fire Software Maint 4708 135,430 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 1003117 109,224 XCEL ENERGY Electric City Hall-CAM Monthly Utilities 1003224 101,170 MTI DISTRIBUTING INC Machinery&Equipment Park and Recreation Toro Mower 4693 99,073 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 1003237 90,872 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North 1003231 88,760 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Capital 225389 81,789 SUNRAM CONSTRUCTION Improvement Contracts Storm Drainage 225304 78,806 C H ROBINSON CAM &Taxes-CHR City Hall-CAM 1003183 73,487 XCEL ENERGY Electric Flying Cloud Off Leash Park 1003149 73,214 LOGIS Network Support IT Operating 1003288 70,457 MTI DISTRIBUTING INC Machinery&Equipment Capital Maint.&Reinvestment 225305 54,985 IND SCHOOL DIST 272 CAM School City Hall-CAM 225173 53,909 MN DNR WATERS Licenses&Taxes Water Treatment Plant 225260 49,701 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 4712 46,544 US BANK Interest Fire 225073 46,055 MINCER CONSTRUCTION INC Improvement Contracts Storm Drainage 224966 45,609 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 4683 45,337 US BANK Deposits Escrow 225064 44,315 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 225020 40,595 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 224844 39,356 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 225157 36,871 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 224975 36,160 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 4713 35,395 US BANK 225090 34,545 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1003199 33,856 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 1003166 33,672 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Capital 1003206 33,531 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 1002981 30,276 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 225074 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 1003118 27,557 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 225108 26,114 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie Village Liquor Store 225286 25,467 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 225088 25,436 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Improvement Projects 2006 1003001 25,107 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 225210 25,000 WEST HENNEPIN AFFORDABLE HOUSI Refunds CDBG-Public Service 225212 24,987 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 1002943 24,952 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 1003249 24,937 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 225196 24,700 SIGNATURE TITLE Other Contracted Services Project Fund 225004 24,367 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224936 23,355 AMES CONSTRUCTION INC Improvement Contracts Storm Drainage 1003077 23,057 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 4687 22,643 ING Deferred Compensation General Fund 4700 21,918 ING Deferred Compensation General Fund 225113 21,141 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 4707 21,116 ING Deferred Compensation General Fund 225314 19,555 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 224902 19,340 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 1003134 19,314 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 225224 18,700 AMERICAN ENGINEERING TESTING I Testing-Soil Boring Shady Oak Rd-CR 61 South 225198 17,523 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 1003239 16,660 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 225185 16,624 PRAIRIE PARTNERS SIX LLP Insurance Prairie Village Liquor Store 225399 16,580 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 225151 16,360 HOUSE OF PRINT Printing Community Brochure 4699 15,946 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 4706 15,905 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 225309 15,525 ALLIANT TECH SYSTEMS INC Deposits Escrow 225213 15,488 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 4686 15,299 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1003120 15,188 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Wells 225346 14,177 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 1003227 13,983 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 1003208 13,800 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 224915 13,475 WASHINGTON COUNTY Equipment Repair&Maint E-911 Program 1003177 13,253 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 225301 12,937 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 225331 12,787 EARL F ANDERSEN INC Signs Traffic Signs 225278 12,749 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 225186 12,732 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store 1003307 12,652 THORPE DISTRIBUTING Beer Prairie View Liquor Store 1002992 12,650 THORPE DISTRIBUTING Beer Prairie View Liquor Store 4690 12,560 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 4709 12,560 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 225155 12,358 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 224993 12,355 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 224929 12,245 MAGNEY CONSTRUCTION INC Other Contracted Services Water Treatment Plant 224995 12,237 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 225109 11,729 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 225344 11,656 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1003154 11,635 METRO SALES INCORPORATED* Other Assets Utility Operations-General 1003172 11,543 THORPE DISTRIBUTING Beer Den Road Liquor Store 1003040 11,020 ON CALL SERVICES Capital Under$25,000 Fitness Center 1003109 10,847 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 224882 10,700 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 1002973 10,505 LAWN RANGER,INC,THE Contract Svcs-Snow Removal City Hall-CAM 225350 10,482 LINDAHL,LORI Other Contracted Services Rehab 224991 10,139 NORTHERN AIR CORPORATION Contract Svcs-Plumbing City Hall-CAM 1003078 10,059 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Water Treatment Plant 225193 10,000 SEECLICKFIX INC Other Contracted Services Reserve 225259 9,946 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 225384 9,742 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 1003076 9,545 DAY DISTRIBUTING Beer Prairie Village Liquor Store 1003299 9,480 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Capital 1003179 9,303 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1003282 9,253 MAVO SYSTEMS Building Repair&Maint. Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224985 9,214 MINNESOTA UI FUND Unemployment Compensation Organizational Services 225398 9,060 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store 225153 9,000 IMPROVE CONSTRUCTION Other Contracted Services Rehab 225282 8,813 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 225110 8,655 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 225342 8,652 IMPROVE CONSTRUCTION Other Contracted Services Rehab 1003130 8,599 DAY DISTRIBUTING Beer Prairie Village Liquor Store 225063 8,510 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 1003031 8,318 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 1002997 8,220 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM 224843 8,202 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1003262 8,160 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 225183 8,008 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 1002957 7,988 DAY DISTRIBUTING Beer Prairie View Liquor Store 1003074 7,925 CENTERPOINT ENERGY Gas Water Treatment Plant 225091 7,870 ST CROIX ENVIRONMENTAL INC Equipment Repair&Maint Water Wells 225380 7,750 PROP Other Contracted Services Housing and Community Service 225386 7,636 SOUTHERN WINE&SPIRITS OF MN Liquor Prairie View Liquor Store 225302 7,598 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 224830 7,390 GRAYMONT Treatment Chemicals Water Treatment Plant 225055 7,379 GRAYMONT Treatment Chemicals Water Treatment Plant 224960 7,320 GRAYMONT Treatment Chemicals Water Treatment Plant 1003056 7,277 THORPE DISTRIBUTING Beer Den Road Liquor Store 225139 7,236 GRAYMONT Treatment Chemicals Water Treatment Plant 1003013 7,203 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 1002968 7,181 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 1003222 7,111 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 224825 6,827 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1002951 6,767 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 224965 6,738 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 224788 6,720 US POSTMASTER Postage Community Brochure 225236 6,502 COBALT CONTRACTING INC Improvement Contracts Storm Drainage 1002988 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1003232 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 225084 6,166 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 225348 6,161 LIEBERMAN COMPANIES INC Capital Under$25,000 Fitness Center 1003218 6,068 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 225345 6,047 JOHN DEERE LANDSCAPES/LESCO Improvements to Land Capital Outlay Parks 1003201 5,848 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 225021 5,779 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 225374 5,663 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 224909 5,627 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 1003129 5,621 CLAREY'S SAFETY EQUIPMENT Instructor Service Utility Operations-General 224849 5,505 KRAUT,ERIC R Health&Fitness Fire 1003248 5,504 XCEL ENERGY Electric Prairie Village Liquor Store 225379 5,400 PROP Refunds CDBG-Public Service 225377 5,267 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Capital 225096 5,200 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 225148 5,200 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1003070 5,162 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 225322 5,133 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 1003121 5,085 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 225067 5,060 LAVAN FLOOR COVERING Contract Svcs-General Bldg Ice Arena Maintenance 1002967 5,018 GRAINGER Operating Supplies IT Telephone 225093 5,000 STATE FARM MUTUAL AUTO INSURAN Insurance Property Insurance 225065 5,000 KDV INC Audit&Financial Finance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224919 4,967 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 224802 4,825 BUDGET PLUMBING CORP Equipment Repair&Maint Water Treatment Plant 1003184 4,788 YOCUM OIL COMPANY INC Repair&Maint.Supplies Water Treatment Plant 225220 4,711 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Center 1002946 4,697 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 1003115 4,587 WINE COMPANY,THE Transportation Prairie Village Liquor Store 225303 4,523 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1003309 4,494 TOWMASTER INC Equipment Parts Fleet Operating 225024 4,442 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1003065 4,326 WINE COMPANY,THE Transportation Den Road Liquor Store 225246 4,266 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Special Events&Trips 1003000 4,263 XCEL ENERGY Electric Round Lake 225098 4,251 SURLY BREWING CO Beer Prairie Village Liquor Store 1002969 4,250 HAWKINS INC Treatment Chemicals Water Treatment Plant 1003069 4,000 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 1003217 3,974 KUSTOM SIGNALS INC Capital Under$25,000 Police 1003242 3,953 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1003138 3,894 G&K SERVICES Clothing&Uniforms Utility Operations-General 225115 3,864 AMERICAN ENGINEERING TESTING I Testing-Soil Boring Shady Oak Rd-CR 61 North 224823 3,860 FIRE SAFETY USA INC Small Tools Fire 225281 3,846 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1003148 3,843 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 224961 3,843 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 225400 3,832 MADISON NATIONAL LIFE INSURANC Disability Ins Employers Health and Benefits 225025 3,801 MADISON NATIONAL LIFE INSURANC Disability Ins Employers Health and Benefits 224937 3,784 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1003008 3,777 CENTERPOINT ENERGY Gas Sewer Liftstation 225083 3,749 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 225335 3,715 GRAYMONT Treatment Chemicals Water Treatment Plant 1003194 3,638 BELLBOY CORPORATION Transportation Prairie View Liquor Store 224879 3,591 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 224837 3,575 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 225019 3,562 WINE MERCHANTS INC Transportation Den Road Liquor Store 1003209 3,548 HAWKINS INC Treatment Chemicals Water Treatment Plant 225248 3,496 GRAYMONT Treatment Chemicals Water Treatment Plant 1002954 3,484 CDW GOVERNMENT INC. Computers IT Operating 225255 3,439 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 1003198 3,363 CENTERPOINT ENERGY Gas Sewer Liftstation 225199 3,322 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 225300 3,318 WINE MERCHANTS INC Transportation Prairie View Liquor Store 225128 3,318 EARL F ANDERSEN INC Signs Traffic Signs 1003100 3,312 PRAIRIE ELECTRIC COMPANY Supplies-Electrical City Hall-CAM 224964 3,242 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 225000 3,209 RETROFIT RECYCLING INC Supplies-Electrical Public Works/Parks 225191 3,150 SCHEELS MANKATO Capital Under$25,000 Staring Lake 225031 3,138 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Classes 224839 3,101 HOHENSTEINS INC Beer Prairie Village Liquor Store 1003009 3,088 CENTURYLINK Telephone IT Telephone 1003259 3,085 CENTURYLINK Telephone IT Telephone 224963 3,061 HOHENSTEINS INC Beer Den Road Liquor Store 1003254 3,046 BELLBOY CORPORATION Misc Non-Taxable Prairie Village Liquor Store 1003278 3,010 INTEREUM INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 225289 3,002 STEVENS ENGINEERS Other Contracted Services Facilities Capital 224901 3,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 224922 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 1002977 2,994 METRO SALES INCORPORATED* Office Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225162 2,965 LAVAN FLOOR COVERING Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1002996 2,965 VINOCOPIA Transportation Den Road Liquor Store 224838 2,949 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1003207 2,923 H M CRAGG CO Other Hardware IT Operating 225341 2,899 HOHENSTEINS INC Beer Prairie View Liquor Store 225104 2,870 VERIZON WIRELESS Wireless Subscription IT Operating 224918 2,864 WINE MERCHANTS INC Transportation Prairie View Liquor Store 225211 2,826 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 225182 2,807 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 224820 2,784 EARL F ANDERSEN INC Safety Supplies Storm Drainage 1002999 2,721 WINE COMPANY,THE Transportation Prairie View Liquor Store 224804 2,685 CARRIER CORPORATION Other Contracted Services Rehab 1003060 2,634 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1003023 2,622 HANSEN THORP PELLINEN OLSON Design&Engineering Engineering 225050 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 225146 2,600 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1003260 2,599 CERIDIAN Ceridian IT Operating 1002955 2,577 CERIDIAN Ceridian IT Operating 225071 2,537 MICRO CENTER A/R Computers IT Operating 1003190 2,531 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 1003062 2,527 VINOCOPIA Transportation Prairie View Liquor Store 225150 2,514 HOHENSTEINS INC Beer Prairie Village Liquor Store 225215 2,505 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 225037 2,480 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 225100 2,398 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1 225354 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1003277 2,342 IDENTISYS Other Assets Public Safety Communications 225107 2,340 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 224970 2,338 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 1003250 2,337 ZIEGLER INC Equipment Parts Fleet Operating 225075 2,295 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 225012 2,291 SURLY BREWING CO Beer Den Road Liquor Store 225197 2,233 SOLDO CONSULTING PC Legal Legal Council 225206 2,199 TECH SALES CO Process Control Equipment Water Treatment Plant 1003175 2,192 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 225130 2,172 ERGOMETRICS Employment Support Test Organizational Services 1003064 2,164 WATSON CO INC,THE Merchandise for Resale Concessions 225057 2,164 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Planning&Development 1003313 2,156 VINOCOPIA Transportation Prairie Village Liquor Store 1002995 2,106 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 224956 2,096 EXPLORER POST 925 Miscellaneous Reserves 224989 2,092 MPX GROUP,THE Printing Senior Center Admin 1002964 2,062 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1003111 2,040 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 225291 2,037 SURLY BREWING CO Beer Prairie Village Liquor Store 224889 2,020 READY WATT ELECTRIC Repair&Maint.Supplies Emergency Preparedness 1002971 2,004 J&D WINDOW CLEANING Janitor Service-General Bldg Prairie Village Liquor Store 1003020 2,002 GENUINE PARTS COMPANY Repair&Maint.Supplies Water System Maintenance 225089 2,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 225316 1,970 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1003295 1,961 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 4692 1,938 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1003066 1,913 XCEL ENERGY Electric Forest Hills Park 1003027 1,913 ITRON INC. Maintenance Contracts Water Metering 225138 1,891 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 225343 1,853 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1003136 1,818 FASTSIGNS Advertising Pool Operations 1003236 1,817 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 225072 1,807 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 225328 1,803 DAVANNI'S PIZZA Merchandise for Resale Concessions 224908 1,751 STONEBROOKE Equipment Parts Fleet Operating 1003181 1,742 WM MUELLER AND SONS INC Landscape Materials/Supp Round Lake 1002980 1,700 NETSENTIAL.COM INC Software Maintenance IT Operating 1003269 1,693 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance 224912 1,680 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Police City Center 225339 1,671 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 4694 1,668 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 224846 1,650 KAISER,DAVID S Equipment Repair&Maint Fitness Center 1003144 1,633 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 225241 1,616 DOMACE VINO Transportation Prairie Village Liquor Store 224893 1,614 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications 224858 1,590 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 1003203 1,590 FASTENAL COMPANY Equipment Repair&Maint Water Treatment Plant 225364 1,576 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1003169 1,553 SCHARBER&SONS Equipment Parts Fleet Operating 1003280 1,550 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 225265 1,542 KORTERRA,INC OCS-Leak Detection Utility Operations-General 1003092 1,542 METRO SALES INCORPORATED* Other Rentals IT Operating 1003247 1,538 WINE COMPANY,THE Transportation Prairie View Liquor Store 1002948 1,524 BELLBOY CORPORATION Liquor Prairie View Liquor Store 225003 1,508 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Sewer System Maintenance 1003244 1,502 VINOCOPIA Transportation Prairie View Liquor Store 1002942 1,496 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 224976 1,458 MICRO CENTER A/R Other Hardware IT Operating 225168 1,445 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 225111 1,439 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1003067 1,436 EF JOHNSON Equipment Repair&Maint Public Safety Communications 1002945 1,436 ANCHOR PAPER COMPANY Office Supplies Customer Service 225177 1,427 NEW BRIGHTON FORD Equipment Parts Fleet Operating 1003153 1,426 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 1002974 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 1003219 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 1003146 1,419 JEFFERSON FIRE&SAFETY INC Small Tools Fire 225293 1,388 TAPCO Safety Supplies Storm Drainage 225092 1,381 STAPLES ADVANTAGE Office Supplies Police 1003059 1,378 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1003168 1,374 ROTO-ROOTER Contract Svcs-Plumbing Public Works/Parks 1003011 1,365 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service 1002991 1,363 STREICHERS Clothing&Uniforms Police 1003084 1,356 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 224833 1,350 HARLEY CONSULTING&COACHING Other Contracted Services Street Maintenance 1003123 1,334 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 225318 1,320 BETHEL UNIVERSITY Tuition Reimbursement/School Fire 1003086 1,274 HACH COMPANY Laboratory Chemicals Water Treatment Plant 224933 1,247 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1003273 1,220 HACH COMPANY Laboratory Chemicals Water Treatment Plant 224873 1,220 NORTH STAR PUMP SERVICE Equipment Repair&Maint Water Treatment Plant 1003205 1,215 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 1003186 1,203 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#5 224874 1,197 NORTHERN LIGHTS DISPLAY Printing Communications 225043 1,193 BOURGET IMPORTS Transportation Prairie Village Liquor Store 225188 1,168 RED WING SHOE STORE Clothing&Uniforms Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225373 1,155 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1003098 1,143 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 225180 1,124 NORTHLAND SYSTEMS INC Other Contracted Services IT Operating 1002960 1,122 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 1003294 1,102 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store 224794 1,091 ANDERBERG INNOVATIVE PRINT SOL Printing Police 1003151 1,089 MCNEILUS STEEL INC Repair&Maint.Supplies Utility Operations-General 1003010 1,085 CERIDIAN Ceridian IT Operating 224939 1,083 BERRY COFFEE COMPANY Merchandise for Resale Concessions 225190 1,076 ROTH,ANDREW J. Instructor Service Outdoor Center 1003053 1,075 STREICHERS Protective Clothing Police 1003140 1,074 GRAINGER Operating Supplies Park Maintenance 225285 1,074 SIR KNIGHT CLEANERS Operating Supplies Fire 1003125 1,054 BOUNDLESS NETWORK Operating Supplies Fit Kids Club 1003018 1,045 FEDEX KINKO'S OFFICE AND PRINT Training Supplies Fire 4684 1,045 CERIDIAN Garnishment Withheld General Fund 225203 1,044 SURLY BREWING CO Beer Prairie View Liquor Store 225320 1,043 CENTURYLINK Telephone E-911 Program 225049 1,043 COSTCO Employee Award Organizational Services 1003306 1,038 STREICHERS Clothing&Uniforms Police 1003063 1,034 W P&R S MARS CO Operating Supplies Fleet Operating 4697 1,033 CERIDIAN Garnishment Withheld General Fund 1003178 1,023 WATSON CO INC,THE Merchandise for Resale Concessions 1003002 1,015 ZIEGLER INC Equipment Parts Fleet Operating 225105 1,002 VINE LINE DISTRIBUTION LLC Transportation Prairie Village Liquor Store 225034 1,000 ASPEN MILLS Clothing&Uniforms Fire 225161 991 LAKELAND ENGINEERING EQUIP CO Process Control Equipment Water Treatment Plant 1003233 982 ROTO-ROOTER Contract Svcs-Plumbing Riley House 225397 982 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 4704 981 CERIDIAN Garnishment Withheld General Fund 225119 972 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 225097 963 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 225152 959 HUMMINGBIRD AVIATION LLC Other Contracted Services Deer Consultant 1003286 953 MINNESOTA CLAY CO.USA Equipment Repair&Maint Arts Center 225048 953 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 224978 944 MIDWEST LOCK&SAFE Contract Svcs-Security Fitness/Conference-Cmty Ctr 1002998 942 WESTSIDE EQUIPMENT COMPANY Equipment Repair&Maint Fleet Operating 224791 941 ABLE FENCE INC Canine Supplies Police 224990 938 NORTH STAR PUMP SERVICE Equipment Repair&Maint Water Treatment Plant 1003085 933 GRANICUS INC Software Maintenance IT Operating 225028 932 PETTY CASH 225149 924 HIGHWAY 5 BP Equipment Repair&Maint Fleet Operating 1002982 913 OENO'S DISTRIBUTION Wine Domestic Prairie View Liquor Store 225283 899 PITNEY BOWES Postage Customer Service 1003050 887 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 225313 875 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Inspections-Administration 225353 872 MCMAHON,MARY Insurance Claims Sewer Utility-General 1003116 857 WSB&ASSOCIATES INC Other Contracted Services Capital Impr./Maint.Fund 225039 846 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 225145 842 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 224944 840 CENTURYLINK Process Control Services Water Treatment Plant 1003038 836 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 225297 834 VINE LINE DISTRIBUTION LLC Wine Domestic Den Road Liquor Store 1003292 831 OSI BATTERIES INC Office Supplies Police 1003180 826 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 225135 825 GE CAPITAL Other Rentals IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224864 825 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Public Works/Parks 225326 810 COSTCO Operating Supplies Fire 224862 805 MINNESOTA CHIEFS OF POLICE ASS Conference Expense Police 225355 802 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 225393 797 TITAN ENERGY SYSTEMS Contract Svcs-HVAC Fire Station#1 225296 795 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 1003176 794 VINOCOPIA Transportation Den Road Liquor Store 225178 781 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 225126 781 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 225164 780 LITTLE BLIND SPOT Office Supplies Utility Operations-General 224856 780 MEDICINE LAKE TOURS Special Event Fees Trips 225271 771 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 225356 763 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 1003037 761 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 1003106 753 SPS COMPANIES Equipment Repair&Maint Water Treatment Plant 224910 750 TAG LINE PRODUCTIONS INC Operating Supplies Internal Events 224916 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012C GO Penn Impr Ref Bonds 1003022 746 GRAINGER Supplies-Electrical Fire Station#4 225209 745 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1003048 736 SCHARBER&SONS Equipment Parts Fleet Operating 224831 731 GYM WORKS Equipment Repair&Maint Fitness Center 1003081 725 FASTSIGNS Advertising Fitness Center 225061 720 HOHENSTEINS INC Beer Den Road Liquor Store 1003113 716 WATSON CO INC,THE Merchandise for Resale Concessions 225121 712 BERNICK'S WINE Beer Prairie View Liquor Store 225349 706 LIGHTNING PRINTING INC Printing Eden Prairie Players 225114 700 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1003257 700 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 225385 695 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 225094 687 STONEBROOKE Equipment Parts Fleet Operating 1002972 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 1003215 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 1003097 681 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store 225390 679 SURLY BREWING CO Beer Den Road Liquor Store 1003238 673 STREICHERS Protective Clothing Police 225116 670 AMERICAN GLASS&MIRROR INC Building Repair&Maint. Water Treatment Plant 1003182 669 WSB&ASSOCIATES INC Other Contracted Services Capital Impr./Maint.Fund 225233 667 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Police City Center 1003223 660 MICHAELSON,ELIZABETH H Operating Supplies Winter Theatre 225378 659 PROP United Way Withheld General Fund 1003012 657 COMPAR INC Computers Water Treatment Plant 224974 650 MCPA Tuition Reimbursement/School Police 224959 645 GRAPE BEGINNINGS Transportation Den Road Liquor Store 1003143 643 HD SUPPLY FACILITIES MAINTENAN Repair&Maint.Supplies Senior Center 225005 640 SPORTS WORLD USA INC Operating Supplies Ice Rink#1 1003296 633 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 225042 631 BLOOMINGTON,CITY OF Kennel Services Animal Control 224829 623 GRAPE BEGINNINGS Transportation Den Road Liquor Store 1003147 622 KIDCREATE STUDIO Other Contracted Services Environmental Education 225156 619 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1002962 608 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 225166 604 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 224945 600 CENTURYLINK Maintenance Contracts E-911 Program 225321 600 CENTURYLINK Maintenance Contracts E-911 Program 225120 600 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 225216 600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225242 600 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin. 224878 600 OXYGEN SERVICE COMPANY Operating Supplies Fire 1003089 598 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 1003195 593 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 224958 593 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 225336 590 HABITAT WOODCRAFT INC Equipment Repair&Maint Police 224987 579 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 1003213 577 JANEX INC Cleaning Supplies City Center Operations 4691 576 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1003159 575 PAUL'S TWO-WAY RADIO Conference Expense Public Safety Communications 1003293 573 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 225159 571 KEEPERS Clothing&Uniforms Fire 1003314 571 WATSON CO INC,THE Merchandise for Resale Concessions 225387 570 STAPLES ADVANTAGE Office Supplies Customer Service 4681 570 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 225228 570 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Fire 1002950 562 BIFFS INC Waste Disposal Park Maintenance 1003196 562 BIFFS INC Waste Disposal Park Maintenance 225370 559 NORTHERN TOOL Equipment Parts Fleet Operating 1003167 559 RICHARDSON,JIM Other Contracted Services Communications 1003156 556 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 224836 552 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 224815 550 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 225041 550 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations 225201 547 STAPLES ADVANTAGE Office Supplies Customer Service 225217 547 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits 1003096 545 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Police City Center 1003055 543 THE OASIS GROUP Employee Assistance Organizational Services 1003171 543 THE OASIS GROUP Employee Assistance Organizational Services 1003240 542 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Water Treatment Plant 225141 541 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Treatment Plant 1003126 541 BRAUN INTERTEC CORPORATION Testing-Soil Boring Storm Drainage 1003139 540 GOVDELIVERY Software Maintenance IT Operating 1003271 540 GOVDELIVERY Software Maintenance IT Operating 225253 538 HOHENSTEINS INC Beer Den Road Liquor Store 225122 537 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1003272 532 GRAINGER Equipment Parts Fleet Operating 225040 530 BITUMINOUS ROADWAYS INC Deposits Escrow 224888 525 PRISMA LLC Tuition Reimbursement/School Fire 224981 525 MINNESOTA AWWA Tuition Reimbursement/School Water Treatment Plant 225013 525 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 1003131 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 1003170 522 STREICHERS Equipment Parts Fleet Operating 224806 514 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 225319 510 BROWN,LEANNE E Other Contracted Services Heritage Preservation 1003082 508 FERRELLGAS Gas Dorenkemper House 224859 500 MINDMIXER Other Contracted Services Communications 224868 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 224928 500 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 225204 500 SUSA Dues&Subscriptions Utility Operations-General 225273 500 MINDMIXER Other Contracted Services Communications 225059 497 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Treatment Plant 225232 495 BERRY COFFEE COMPANY Merchandise for Resale Concessions 225227 485 ASPEN MILLS Clothing&Uniforms Fire 1003289 485 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 224903 482 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1003252 481 AMARA WINES LLC Transportation Prairie View Liquor Store 225266 480 LAKE COUNTRY DOOR LLC Contract Svcs-Electrical City Center Operations 224800 475 BLAINE BROTHERS Equipment Repair&Maint Fleet Operating 1003007 472 CDW GOVERNMENT INC. Miscellaneous Economic Development 225261 471 KAISER,DAVID S Equipment Repair&Maint Fitness Center 225047 464 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Water Treatment Plant 1003200 458 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1003316 458 XCEL ENERGY Electric Forest Hills Park 225181 457 OXYGEN SERVICE COMPANY Operating Supplies Fire 224834 456 HAYEN,LINDA Operating Supplies Winter Theatre 225200 450 ST CLOUD STATE UNIVERSITY Conference Expense Administration 1003157 450 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 225016 449 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 225396 449 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 225317 448 BERNICK'S WINE Misc Non-Taxable Prairie View Liquor Store 225179 444 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 1003189 444 AMERITRAK Other Contracted Services Snow&Ice Control 1003087 444 LAWN RANGER,INC,THE Contract Svcs-Snow Removal City Hall-CAM 225243 443 EDINA,CITY OF Other Contracted Services Communications 1003034 441 METRO FIRE Equipment Repair&Maint Fire 225334 440 GE CAPITAL Other Rentals IT Operating 225208 431 U S BANK Paying Agent 2003C Open Space Refunding Bon 224798 425 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 224952 424 DOMACE VINO Transportation Prairie Village Liquor Store 224948 421 CONTINENTAL RESEARCH CORPORATI Cleaning Supplies City Hall-CAM 1003212 417 IND SCHOOL DIST 272 Printing Skating Rinks/Warming Houses 224887 417 PRINT SOURCE MINNESOTA Printing Police 225080 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 225369 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 1003141 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service 225029 409 PETTY CASH-POLICE DEPT 224793 408 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 1003283 407 MENARDS Landscape Materials/Supp Outdoor Center 225381 404 ROOT 0 MATIC Contract Svcs-Plumbing Police City Center 224998 401 PRINT SOURCE MINNESOTA Printing Police 224962 400 HENNEPIN COUNTY CHIEF OF POLIC Printing Police 225144 400 HENNEPIN COUNTY FIRE CHIEF ASS Tuition Reimbursement/School Fire 225376 400 PIONEER TR HOME OWNER ASSOC Refunds Environmental Education 225375 399 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 1003304 397 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 224955 389 EDEN PRAIRIE MALL LLC Building Rental Police 225333 389 EDEN PRAIRIE MALL LLC Building Rental Police 1003264 388 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 225329 386 DESMARAIS,KAY Deposits-P&R Refunds Community Center Admin 1003155 380 MN SUPPLY Repair&Maint.Supplies Community Center Admin 1003075 376 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 1003104 373 ROTO-ROOTER Contract Svcs-Plumbing Riley House 1003161 368 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Sewer Liftstation 225123 365 BOURGET IMPORTS Transportation Den Road Liquor Store 224984 357 MINNESOTA RESTAURANT SERVICES Contract Svcs-Garden Romm Garden Room Repairs 225189 355 RETROFIT RECYCLING INC Supplies-Electrical City Hall-CAM 1003061 355 VANDENBERGHE,MARK Travel Expense Fire 225008 351 STARTING LINE FLOOR COATING IN Equipment Parts Fleet Operating 4703 350 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224789 350 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 224818 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225101 347 TKO WINES,INC Wine Imported Prairie Village Liquor Store 225045 347 CENTURYLINK Telephone Water Distribution 1003042 347 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 1003308 345 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 224969 344 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 1003028 339 JASON'S DELI Operating Supplies Police 225325 336 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 225027 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 225308 332 AARP DRIVERS SAFETY Deposits-P&R Refunds Community Center Admin 225225 332 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 224842 331 J H LARSON COMPANY Operating Supplies Fire 1002984 330 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 224871 323 NEW BOY REAL ESTATE AR Utility Water Enterprise Fund 225131 321 ESPRESSO MIDWEST INC Contract Svcs-Gen.Bldg City Center Operations 225160 318 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 224805 318 CENTURYLINK Telephone E-911 Program 1002976 316 METRO FIRE Repair&Maint.Supplies Fire 225136 315 GIRARD'S BUSINESS SOLUTIONS IN Postage Customer Service 225143 315 HENNEPIN COUNTY ACCOUNTS RECEI Licenses&Taxes Fleet Operating 225237 315 COGNITIVE VENTURES CHANHASSEN Other Contracted Services Senior Center Programs 1003246 314 WATSON CO INC,THE Merchandise for Resale Concessions 1003079 314 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 225249 312 GYM WORKS Equipment Repair&Maint Fitness Center 225202 310 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 224940 310 BEST BUY Other Hardware Den Road Liquor Store 1003315 309 WESTSIDE EQUIPMENT COMPANY Equipment Repair&Maint Fleet Operating 225330 308 DISTRICT COURT ADMINISTRATOR Printing Police 1003025 308 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 1003256 307 BIFFS INC Other Contracted Services Police 224840 306 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 1003135 306 FASTENAL COMPANY Operating Supplies Traffic Signs 224914 305 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 1003127 305 CERIDIAN Ceridian IT Operating 225032 304 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 225395 303 UNITED WAY United Way Withheld General Fund 4710 300 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224979 297 MILIO'S SANDWICHES Merchandise for Resale Concessions 225187 293 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 224917 288 WERNER ELECTRIC SUPPLY CO. Equipment Repair&Maint Water Treatment Plant 225103 287 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 224977 287 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 224883 280 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 1003197 280 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 1003263 276 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 225234 275 BURKE,DENNIS Canine Supplies Police 224886 274 PREMIUM WATERS INC Operating Supplies Fire 225207 273 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1 225365 270 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 1003107 270 STEIN,MIKE Operating Supplies Fire 224792 269 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 225226 267 ANDERBERG INNOVATIVE PRINT SOL Printing Police 225272 267 MILIO'S SANDWICHES Merchandise for Resale Concessions 1002952 264 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 224986 261 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 225195 260 SHIELD FIRE PROTECTION INC Contract Svcs-Fire/Life/Sfty City Hall-CAM 224967 260 KEEPERS Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225219 258 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1003261 253 CUSTOM HOSE TECH Equipment Parts Fleet Operating 4695 250 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224860 250 MINNESOTA AWWA Tuition Reimbursement/School Water Treatment Plant 225062 250 HOTSY EQUIPMENT OF MINNESOTA Contract Svcs-Plumbing Public Works/Parks 225066 249 KODIAK CUSTOM LETTERING INC Operating Supplies Ice Rink#1 1002978 249 MILLARD,CHRIS Conference Expense Police 1003054 248 TESSCO INC Equipment Repair&Maint Public Safety Communications 1003214 247 JASON'S DELI Operating Supplies Police 1002949 245 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1003150 244 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 225340 244 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 225076 243 MINNESOTA WANNER COMPANY Capital Under$25,000 Snow&Ice Control 225033 243 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 225068 243 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 224847 239 KEEPERS Clothing&Uniforms Fire 1003052 236 SPRAYING SYSTEMS CO Equipment Repair&Maint Water Treatment Plant 1003251 235 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Ice Arena Maintenance 225310 233 ALTERNATIVE BUSINESS FURNITURE Equipment Repair&Maint Public Safety Communications 225257 225 IWOMEN Dues&Subscriptions Fire 1003014 221 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 224835 220 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Treatment Plant 225275 219 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 225254 216 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Prairie View Liquor Store 1003162 216 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 225011 213 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 225170 212 MINNESOTA CONWAY Safety Supplies Fire 224855 210 MATSA CONFERENCE Miscellaneous DWI Forfeiture 225030 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1003221 210 METRO FIRE Repair&Maint.Supplies Fire 225165 210 MATSON,TOM Small Tools Fleet Operating 225132 209 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 224884 209 POWERPHONE INC Tuition Reimbursement/School Police 225158 209 JOHNSTONE SUPPLY Contract Svcs-HVAC City Hall-CAM 1003091 209 METRO FIRE Equipment Repair&Maint Fire 225352 209 MATSON,TOM Small Tools Fleet Operating 1003057 209 TORREY,DEREK Training Supplies Fire 225124 207 COMCAST Wireless Subscription IT Operating 1003114 205 WICHTERMAN'S LTD Repair&Maint.Supplies Fire 1003102 204 PROSOURCE SUPPLY Supplies-Plumbing Fitness/Conference-Cmty Ctr 224797 203 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 224811 203 COMCAST Operating Supplies Fire 1003105 201 SLICK,RANDY L Mileage&Parking Engineering 225147 200 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1003005 200 ALBERS,JASON Tuition Reimbursement/School Fire 225086 200 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 224930 198 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1003202 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 1003103 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 224972 196 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 225279 196 MPX GROUP,THE Office Supplies Fire 225295 196 TRAUGHBER,KRISTIN Deposits Escrow 1003164 195 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 225081 195 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 225133 195 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 224795 194 ASPEN MILLS Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224790 194 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 224935 191 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 225184 191 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 225258 191 JENEKA,LLC Den Road Bldg-Tenant#2 Encr Den Bldg.-CAM 1003258 191 BOYER TRUCKS Equipment Parts Fleet Operating 225382 188 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 225383 188 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 1003088 188 MAKHSSOUS,FARREH Mileage&Parking Community Development Admin. 225277 187 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 225082 187 PAPER DIRECT INC Office Supplies Wine Club 224787 185 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 225026 185 NICOLLET COUNTY SHERIFF'S DEPT Deposits Escrow 1003253 185 BANK BEER CO Beer Prairie Village Liquor Store 1003165 181 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1003275 181 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1003245 180 VTI Contract Svcs-Security 3rd Sheet of Ice 1003021 180 GRAFIX SHOPPE Equipment Parts Fleet Operating 1002989 180 SCHULZE,CARTER Mileage&Parking Engineering 225112 178 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 225347 178 KEEPERS Clothing&Uniforms Police 225137 177 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1003016 173 FASTSIGNS Operating Supplies Community Center Admin 225106 173 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1003047 172 RCM&ASSOCIATES Equipment Repair&Maint Fleet Operating 224861 171 MINNESOTA CHIEFS OF POLICE ASS Printing Police 1002986 170 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 225262 170 KEEPERS Clothing&Uniforms Fire 224817 168 DEALER AUTOMOTIVE SERVICES INC Operating Supplies Fire 1003099 167 POMP'S TIRE SERVICE INC Tires Fleet Operating 1003210 164 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Senior Center 225312 163 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire 1003124 162 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 1003110 162 UNIQUE PAVING MATERIALS Repair&Maint.Supplies Water System Maintenance 224809 162 COMCAST Operating Supplies Fire 225402 161 PETTY CASH-EPCC 225323 161 COMCAST Operating Supplies Fire 1002990 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 1003235 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 224821 158 ELLIS,ROBERT Mileage&Parking Engineering 1003287 158 MOTOROLA Equipment Repair&Maint Public Safety Communications 225117 157 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 225194 156 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 1003112 154 VINOCOPIA Misc Taxable Prairie View Liquor Store 224865 154 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 224941 153 BLOOMINGTON,CITY OF Impound Fees Animal Control 225247 153 GIRL SCOUT TROOP 10819 Other Contracted Services Recycle Rebate 4696 153 OPTUM HEALTH Other Contracted Services Health and Benefits 224810 152 COMCAST Operating Supplies Fire 224812 152 COMCAST Operating Supplies Fire 225240 151 DIRECTV Cable TV Community Center Admin 224801 150 BROWN,ROBERT Refunds Environmental Education 224841 150 INTERNATIONAL ASSOCIATION OF A Licenses&Taxes Fire 224870 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 224876 150 ORION SYSTEMS Other Contracted Services Police 224907 150 STENOIEN,KRISTEN Ball Field Fees Park Maintenance 225044 150 CENTURY COLLEGE Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225163 150 LEMA Dues&Subscriptions Police 225214 150 WOMEN IN LEISURE SERVICES Conference Expense Recreation Admin 225280 150 ORION SYSTEMS Other Contracted Services Police 1002994 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1003160 150 PETERKIN,BRENNA Tuition Reimbursement/School Fitness Classes 1003241 150 USA SECURITY Maintenance Contracts Water Treatment Plant 225223 150 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 225052 149 ESPRESSO MIDWEST INC Contract Svcs-Gen.Bldg City Center Operations 224913 148 US BANK Other Contracted Services Health and Benefits 1003228 145 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 225307 144 440400-NCPERS MINNESOTA PERA Health and Benefits 225244 143 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 225118 142 BATTERIES PLUS Supplies-Electrical Prairie Village Liquor Store 1003044 142 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 224996 141 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 1003211 141 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 1003033 140 MENARDS Operating Supplies Fire 224980 139 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1003220 138 MENARDS Operating Supplies Street Maintenance 225172 138 MINNESOTA UI FUND Unemployment Compensation Organizational Services 1003267 137 FERGUSON ENTERPRISES#1657 Repair&Maint.Supplies Water System Maintenance 224895 135 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 225311 135 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 1002956 133 CUSTOM HOSE TECH Equipment Parts Fleet Operating 225231 132 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 225274 131 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 225337 129 HANSON,JOHANNA Operating Supplies Ice Show 1003297 129 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002983 128 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 225292 125 SUSA Dues&Subscriptions Utility Operations-General 225306 125 TWIN CITIES ARMA Conference Expense City Clerk 1003128 125 CLAPP,MARY Tuition Reimbursement/School Fitness Classes 1003132 125 DEANE,KIMBERLEY Tuition Reimbursement/School Fitness Classes 1003068 125 ALBERT,MICHAEL Mileage&Parking Utility Operations-General 1003046 124 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 225069 123 MATSON,TOM Small Tools Fleet Operating 1003003 122 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 1003036 122 METROPOLITAN FORD Equipment Parts Fleet Operating 1003284 121 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 224931 120 AHMED,MOSTAFA Deposits-P&R Refunds Community Center Admin 1003173 120 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 224899 120 SHEDD,JOHN AND MICHELLE Refunds Environmental Education 1003029 120 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 225235 119 CENTURYLINK Telephone IT Telephone 1003270 119 GINA MARIAS INC Operating Supplies Fire 1003122 116 ATLANTIC TACTICAL Clothing&Uniforms Police 225221 116 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 224853 115 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 225060 115 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 225371 112 OXYGEN SERVICE COMPANY Operating Supplies Fire 225095 112 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 224867 112 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 225192 111 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 1003017 108 FEDEX Postage Human Resources 225251 108 HENNEPIN COUNTY TREASURER Miscellaneous DWI Forfeiture 1003108 108 TESSCO INC Equipment Repair&Maint Public Safety Communications Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224988 107 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 225392 106 TERMINAL SUPPLY CO Equipment Parts Fleet Operating 1003051 105 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1003290 105 NUCO2 INC Supplies-Pool Fire Station#1 225078 105 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 1003266 105 FEDEX Postage Human Resources 224848 105 KOCOUREK,JOAN Clothing&Uniforms Police 1003303 104 SHRED-IT USA MINNEAPOLIS Waste Disposal City Hall-CAM 225245 104 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1003039 103 NUCO2 INC Supplies-Pool Pool Maintenance 1003302 103 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 1003281 102 LINDAHL,DAVID Mileage&Parking Economic Development 224951 102 DIRECTV Cable TV Community Center Admin 225127 102 DIRECTV Cable TV Community Center Admin 224826 100 FLETCHER,ALLEN Refunds Environmental Education 224852 100 LINDGREN,CRAIG A Refunds Environmental Education 224877 100 OSLON,ERIC Refunds Environmental Education 224900 100 SHERLOCK,MICHAEL Refunds Environmental Education 224911 100 TE,TONG Refunds Environmental Education 225359 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 225362 100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 224827 100 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 225338 99 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 225324 98 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Water Treatment Plant 225014 98 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 225294 98 TOTAL REGISTER Network Support Prairie View Liquor Store 1002985 97 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 225252 96 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 225363 95 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 1003188 95 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Fitness Center 4689 95 VANCO SERVICES Miscellaneous Community Center Admin 1003226 94 PORTA,KITTY Mileage&Parking City Clerk 1003192 91 BANK BEER CO Beer Prairie View Liquor Store 1003049 88 SCHULTZ,TERRY Licenses&Taxes City Hall-CAM 1003243 88 VERLEY,VALERIE Mileage&Parking Athletic Programs Admin 225222 88 AIM ELECTRONICS Contract Svcs-Electrical Ice Arena Maintenance 1003043 88 PROSOURCE SUPPLY Janitor Service Fitness/Conference-Cmty Ctr 225070 87 MCGRAW-HILL CONSTRUCTION ENR Dues&Subscriptions Engineering 1003187 87 ALBERT,MICHAEL Travel Expense Utility Operations-General 225175 86 MODLIN,KRISTI Travel Expense Organizational Services 4711 86 VANCO SERVICES Miscellaneous Community Center Admin 1003152 85 MENARDS Supplies-General Bldg Fitness/Conference-Cmty Ctr 224934 85 AMERICAN PRESSURE INC Equipment Repair&Maint Utility Operations-General 225051 85 EDEN PRAIRIE CHAMBER OF COMMER Advertising Community Center Admin 224997 83 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating 224906 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 224968 83 KOCOUREK,JOAN Clothing&Uniforms Police 225176 82 MPX GROUP,THE Printing Police 225036 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 224799 80 BLACK,MARVIN,TO THE ESTATE 0 Program Fee Senior Center Programs 225239 79 COMPLETE NUTRITION Den Road Bldg-Tenant#1 C.N. Den Bldg.-CAM 1002944 77 AMERITRAK Equipment Parts Snow&Ice Control 225250 77 HENNEPIN COUNTY PUBLIC RECORDS Software Maintenance IT Operating 225140 76 GROTH MUSIC Operating Supplies Community Band 225327 75 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 1003279 75 KIDCREATE STUDIO Instructor Service Arts Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1003301 73 SCHULZE,CARTER Mileage&Parking Engineering 225079 73 MPX GROUP,THE Printing Police 1003285 71 METROPOLITAN FORD Equipment Parts Fleet Operating 1003174 70 UPS Postage Fire 225134 70 FMAM Dues&Subscriptions Fire 225167 70 MGWA Licenses&Taxes Water Treatment Plant 1003142 70 HAYES,ERIC Employment Support Test Fire 1003145 70 HOWELL,DAN Employment Support Test Fire 1003276 70 HOWELL,DAN Tuition Reimbursement/School Fire 1003204 69 FORCE AMERICA Equipment Parts Fleet Operating 1003225 68 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1003216 68 KIDCREATE STUDIO Instructor Service Arts Center 1003311 68 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities 1003101 67 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 224897 66 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 1003006 66 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1003300 65 SCHNICKEL,JENNY Canine Supplies Police 224904 65 ST PAUL,CITY OF Tuition Reimbursement/School Police 225366 65 MN CHIEFS OF POLICE Operating Supplies Fire 1003026 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 1003137 64 FEDEX KINKO'S OFFICE AND PRINT Miscellaneous Economic Development 224880 64 PETSMART Canine Supplies Police 1002953 64 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 1002961 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1003032 63 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 1003305 61 STOVRING,LESLIE Mileage&Parking Storm Drainage 1003019 60 G&K SERVICES Clothing&Uniforms Facilities Staff 224832 60 HANZLIK,JAMES Deposits Community Center Admin 224845 60 JRK SEED AND TURF SUPPLY Conference Expense Park Maintenance 225022 60 WOMEN IN LEISURE SERVICES Conference Expense Aquatics&Fitness Admin 225332 60 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 225391 60 TACTICAL COMMAND INDUSTRIES, Clothing&Uniforms Police 1002970 60 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg City Hall-CAM 1002975 59 MENARDS Equipment Parts Fleet Operating 1003230 59 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 1003004 59 ADAMS PEST CONTROL INC Contract Svcs-Snow Removal Den Road Liquor Store 224921 57 INFRATECH Equipment Parts Sewer Liftstation 225367 56 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 1003072 55 CARLSON,KEVIN Mileage&Parking Utility Operations-General 224824 55 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 224851 55 LIN,CHIA Inspection Fee Housing Inspections 1003080 55 FASTENAL COMPANY Equipment Parts Fleet Operating 1002965 54 G&K SERVICES Clothing&Uniforms Facilities Staff 1003229 54 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 1003093 54 METROPOLITAN FORD Equipment Parts Fleet Operating 1003071 53 BORG,STEVE Mileage&Parking Utility Operations-General 1002958 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 225102 53 UNIFORMS UNLIMITED Clothing&Uniforms Police 1003312 53 VANDENBERGHE,MARK Travel Expense Police 1003094 52 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1003274 52 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 1003133 50 DEZENSKI,JEFFREY Operating Supplies Fire 224892 50 RICK,ELIZABETH DEE Operating Supplies Outdoor Center 224816 50 DAVIDSON,RICHARD Refunds Environmental Education 224920 50 YAHNA,JOSEPH Refunds Environmental Education 224982 50 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225169 50 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 225267 50 MAMA Miscellaneous Administration 225269 50 MASS Dues&Subscriptions Senior Center Admin 1002966 50 GINA MARIAS INC Operating Supplies Reserves 225154 50 INFRATECH Equipment Parts Sewer System Maintenance 224819 49 DIRECTV Other Contracted Services Police 224822 49 EVERETT,DIANA Refunds Environmental Education 225315 49 BASTIAN,ROBERT Operating Supplies Ice Show 224885 49 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 225087 47 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 225284 47 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 225007 47 STAPLES ADVANTAGE Office Supplies Customer Service 1003255 46 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 4680 45 GENESIS EMPLOYEE BENEFITS,INC FSA-Medical General Fund 224854 45 MAMA Dues&Subscriptions Administration 225015 45 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 224938 43 BCA Employment Support Test Facilities Staff 1003024 43 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Police City Center 225372 42 PARK JEEP INC Equipment Parts Fleet Operating 225002 42 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 225009 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1003298 41 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 224869 40 MULLEADY,ARLENE Deposits Community Center Admin 224942 40 BORG,BRANDON Deposits Community Center Admin 224992 40 OLSON,BONNIE Deposits-P&R Refunds Community Center Admin 225205 40 TCALMC Conference Expense Human Resources 224872 40 NEW BRIGHTON FORD Equipment Parts Fleet Operating 225017 40 WAYTEK INC Equipment Repair&Maint Water Treatment Plant 1003073 40 CAWLEY COMPANY,THE Office Supplies Administration 224896 39 SCHMIDT,GAY Deposits-P&R Refunds Community Center Admin 1003083 38 G&K SERVICES Clothing&Uniforms Facilities Staff 1003119 37 ZIEGLER INC Equipment Parts Fleet Operating 225085 36 RUMFORD,JOAN Deposits-P&R Refunds Community Center Admin 225218 36 RICHFIELD,CITY OF Licenses,Permits,Taxes,Fees Police 224813 35 COMCAST Operating Supplies Fire 1003030 35 LANDS END CORPORATE SALES Other Contracted Services Police 1002947 35 AUSTIN,CHARLENE Tuition Reimbursement/School Fitness Classes 1003234 32 SCHARBER&SONS Equipment Parts Fleet Operating 1003193 32 BATTERIES PLUS Equipment Parts Fleet Operating 224983 32 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225360 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 225361 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 225018 32 WHEELER LUMBER LLC Repair&Maint.Supplies Sewer System Maintenance 1003291 31 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 1003268 31 G&K SERVICES Clothing&Uniforms Park Maintenance 225290 30 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 225230 30 BAILLIE,LINDA Deposits-P&R Refunds Community Center Admin 224881 30 PHAM,GEORGE Deposits-P&R Refunds Community Center Admin 225006 30 SPRINT Other Contracted Services Police 225299 30 WILSON,JOHN D. Deposits-P&R Refunds Community Center Admin 225077 30 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 225038 28 BATTERIES PLUS Repair&Maint.Supplies Den Bldg.-Direct 1003090 28 MENARDS Operating Supplies Street Maintenance 225035 27 AT&T Telephone E-911 Program 1003158 26 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 224947 25 CIT INTERNATIONAL,INC Printing Police 224954 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 225357 25 MINN ASSOC OF CRIMINAL INTELLI Dues&Subscriptions Police 225368 25 MUNICIPALS Dues&Subscriptions Organizational Services 225394 25 TWIN CITIES BUSINESS MONTHLY Dues&Subscriptions Economic Development 225099 25 TAMS-WITMARK MUSIC LIBRARY INC Operating Supplies Summer Theatre 224950 24 DALCO Janitor Service Public Works/Parks 1003191 24 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1003265 24 FASTENAL COMPANY Operating Supplies Park Maintenance 225129 24 EKLOF DOCKS Repair&Maint.Supplies Park Maintenance 225171 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 224796 23 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1002963 23 FASTENAL COMPANY Equipment Parts Fleet Operating 1003035 22 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 1003045 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 225268 22 MARSHALL,DEBRA Deposits-P&R Refunds Community Center Admin 1002987 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 225229 21 AT&T MOBILITY Pager&Cell Phone Park Maintenance 224923 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 225010 21 STATE OF MINNESOTA Miscellaneous Police 1003041 20 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1002979 20 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 224850 20 LEAGUE OF MINNESOTA CITIES Office Supplies Customer Service 224894 20 SCHAFFER,MARJORIE Deposits-P&R Refunds Community Center Admin 224932 20 AHO,BEVERLY Deposits Community Center Admin 224943 20 BREDOW,VERNETT Deposits-P&R Refunds Community Center Admin 224946 20 CHRISTENSEN,MARGE Deposits-P&R Refunds Community Center Admin 224949 20 CROSS,CINDY Deposits Community Center Admin 224953 20 DURYEE,PATRICIA Deposits Community Center Admin 224957 20 FISCHER,ERIC Deposits Community Center Admin 224971 20 LARSON,DOROTHY Deposits Community Center Admin 224994 20 PEA,DEBBIE Deposits Community Center Admin 225001 20 SANDVICK,DIANNE Deposits Community Center Admin 225023 20 YAN,HONG Deposits Community Center Admin 224973 19 MATSON,TOM Small Tools Fleet Operating 224828 19 GLAUS,MARLENE Deposits-P&R Refunds Community Center Admin 224898 19 SHAW,JANET Deposits-P&R Refunds Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 225264 18 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Gymnasium(CC) 225358 18 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 225298 16 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 224905 16 STAPLES ADVANTAGE Office Supplies Customer Service 224999 16 R&H THEATRICALS Operating Supplies Summer Theatre 225287 16 STAPLES ADVANTAGE Operating Supplies Police 224807 16 COMCAST Wireless Subscription IT Operating 225238 16 COMCAST Wireless Subscription IT Operating 1003310 16 UPS Equipment Repair&Maint Public Safety Communications 1003185 15 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 224803 15 BUECHLER,STEVE Refunds Environmental Education 1003015 14 FASTENAL COMPANY Equipment Parts Fleet Operating 225388 14 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 225053 14 FISERV INC Bank and Service Charges Water Accounting 224866 13 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 1003163 12 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 224890 12 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 224891 12 RICHFIELD,CITY OF Licenses,Permits,Taxes,Fees Police 225058 12 HANSON,JUNE Deposits-P&R Refunds Community Center Admin 225263 12 KESTERTON,JACKIE Deposits-P&R Refunds Community Center Admin 225288 12 STEEN,JOY Deposits-P&R Refunds Community Center Admin 225046 11 CHRISTENSEN,MARGE Deposits-P&R Refunds Community Center Admin 225351 11 MAAS,JERRY Deposits-P&R Refunds Community Center Admin 224875 10 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 224863 10 MINNESOTA DEPT OF PUBLIC SAFET Office Supplies Customer Service 225276 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 1003058 9 UPS Contract Svcs-General Bldg City Hall-CAM 225174 7 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 1002993 7 UPS Equipment Repair&Maint Public Safety Communications 4702 6 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 224814 4 COMCAST Operating Supplies Fire 225125 2 COMCAST Other Contracted Services Police 224808 2 COMCAST Operating Supplies Fire 6,222,400 Grand Total City of Eden Prairie Purchasing Card Payment Report January 20,2013 Amount Explanation Vendor Account Description Business Unit 27 US-paint MENARDS Repair&Maint.Supplies Utility Operations-General 12 US-green expo parking MPLSPARKING.COM Mileage&Parking Park Maintenance 86 US-outdoor ctr/shop MENARDS Operating Supplies Park Maintenance 55 US-A Altmann training MINNESOTA POLLUTION CONTROL AG Licenses,Permits,Taxes,Fees Utility Operations-General 49 US-seminar FRED PRYOR SEMINARS Conference Expense Utility Operations-General 836 US-chain saw ARROW ACE HOME Capital Under$25,000 Capital Outlay Parks 9 US-green expo parking MPLSPARKING.COM Operating Supplies Park Maintenance 25 US-green expo MNLA Conference Expense Park Maintenance 37 US-rec cabinet MENARDS Building Materials Park Maintenance 63 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 239 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-café food TARGET Merchandise for Resale Concessions 252 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 288 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 300 US-café supplies HOCKENBERGS Operating Supplies Concessions 127 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 224 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 126 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 581 US-old log trip OLD LOG THEATER Special Event Fees Trips 48 US-red hat trip GENERAL STORE OF MINNETONKA Special Event Fees Red Hat 549 US-coffee COFFEE WHOLESALE Operating Supplies Senior Board 64 US-woodshop equip/repair ACME TOOLS Equipment Repair&Maint Senior Center Admin 11 US-potluck supplies DOLLAR TREE STORES,INC. Operating Supplies Internal Events 9 US-SC supplies CVS PHARMACY Operating Supplies Senior Center Admin 81 US-staff mtg/training DAVANNI'S PIZZA Conference Expense Senior Center Admin 69 US-toaster/skillet WALMART COMMUNITY Office Supplies Water Treatment Plant 67 US-expo lunch SCOREBOARD Conference Expense Park Maintenance 25 US-preserve cabinet MENARDS Building Materials Park Maintenance 18 US-shop supplies NAPA AUTO PARTS Operating Supplies Park Maintenance 8 US-preserve cabinet MENARDS Building Materials Park Maintenance -43 US-refund AMAZON.COM Computers IT Operating 228 US-liq store webex WEBEX.COM Software IT Operating 91 US-finger print reader AMAZON.COM Operating Supplies Police 19 US-IT cables MY CABLE MART Computers IT Operating 290 US-finger print reader AMAZON.COM Operating Supplies Police 76 US-project mgmt IT PODIO INC Software IT Operating 472 US-ipad for mayor BEST BUY Computers IT Operating 193 US-projector bulb PROJECTORLAMPCENTER.COM Computers Water Treatment Plant 254 US-electronics reycle ASSET RECOVERY CORPORATION Waste Disposal Utility Operations-General -180 US-refund AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 470 US-drills for shop HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 126 US-training AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 149 US-mailbox HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 3 US-RL lights MENARDS Building Repair&Maint. Park Maintenance 44 US-green expo training BRITS PUB Conference Expense Park Maintenance 12 US-parking green expo MPLSPARKING.COM Mileage&Parking Park Maintenance Amount Explanation Vendor Account Description Business Unit 12 US-parking green expo MPLSPARKING.COM Mileage&Parking Park Maintenance 7 US-training KELBER CATERING Conference Expense Park Maintenance 12 US-parking green expo MPLSPARKING.COM Mileage&Parking Park Maintenance -16 US-returned supplies MENARDS Building Repair&Maint. Park Maintenance 16 US-supplies MENARDS Building Repair&Maint. Park Maintenance 65 US-RL elec HOME DEPOT CREDIT SERVICES Building Repair&Maint. Round Lake 30 US-training JRK SEED AND TURF SUPPLY Conference Expense Park Maintenance 12 US-tree inspector recert MPLSPARKING.COM Conference Expense Tree Disease 12 US-tree inspector recert MPLSPARKING.COM Conference Expense Tree Disease 12 US-tree inspector recert MPLSPARKING.COM Conference Expense Tree Disease 48 US-seniors truck ride PANERA BREAD Operating Supplies Fire 510 US-membership dues MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 266 US-training INTERNATIONAL CODE COUNCIL Conference Expense Fire 375 US-training HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 463 US-picnic reservation THREE RIVERS PARK DISTRICT Operating Supplies Fire 43 US-book BARNES&NOBLE Operating Supplies Fire 20 US-magazine subscription FIRE RESCUE Dues&Subscriptions Fire 103 US-boxes for service stars TWIN CITY SUPPLY Operating Supplies Fire 250 US-iaai conf Liddle HOLIDAY INN Conference Expense Fire 250 US-iaai conf Taylor HOLIDAY INN Conference Expense Fire 180 US-Conference HOLIDAY INN Conference Expense Fire 250 US-iaao conf HOLIDAY INN Conference Expense Fire 250 US-iaai conf hammerschmidt HOLIDAY INN Conference Expense Fire 180 US-Conference HOLIDAY INN Conference Expense Fire 180 US-Conference HOLIDAY INN Conference Expense Fire 39 US-Travel expense DELTA AIR Conference Expense Fire 39 US-Travel expense DELTA AIR Conference Expense Fire 39 US-Travel expense DELTA AIR Conference Expense Fire 39 US-Travel expense DELTA AIR Conference Expense Fire 278 US-Travel expense DELTA AIR Conference Expense Fire 278 US-Travel expense DELTA AIR Conference Expense Fire 34 US-rock on ice smores TARGET Operating Supplies Community Center Admin 6 US-café food TARGET Merchandise for Resale Concessions 17 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 27 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 46 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-café food TARGET Merchandise for Resale Concessions 195 US-S Schram school MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 195 US-S Borg school MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 195 US-M Albert school MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 195 US-K Carlson school MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 124 US-training books AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Treatment Plant 247 US-Basketballs SPORTS AUTHORITY Operating Supplies Gymnasium(CC) 75 US-training UNIVERSITY OF MINNESOTA Conference Expense Engineering 888 US-membership AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering 710 US-membership AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Street Maintenance 178 US-membership AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Utility Operations-General 12 US-Parking MPLSPARKING.COM Mileage&Parking Park Maintenance 17 US-Ice auger blades CABIN FEVER SPORTINGS GOODS Operating Supplies Park Maintenance 29 US-blue card trng KOWALSKI'S MARKET Operating Supplies Fire 52 US-blue card trng KOWALSKI'S MARKET Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 19 US-blue card trng BRUEGGERS BAGEL Operating Supplies Fire 71 US-blue card trng DETELLOS Operating Supplies Fire 33 US-blue card trng KOWALSKI'S MARKET Operating Supplies Fire 19 US-blue card trng BRUEGGERS BAGEL Operating Supplies Fire 13 US-mnfac meeting SHAMROCKS Operating Supplies Fire 44 US-domain name renewal GODADDY.COM,INC. Dues&Subscriptions Fire 47 US-mtg with john mitchell KINCAIDS RESTAURANT Operating Supplies Fire 200 US-annual subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 14 US-mnfac meeting SHAMROCKS Operating Supplies Fire 15 US-nmfac meeting SHAMROCKS Operating Supplies Fire 355 US-CISI washington do DELTA AIR Conference Expense Fire 816 US-membership renewal IAFCI Dues&Subscriptions Fire 10 US-NLC parking IMPARK Mileage&Parking Administration 75 US-gustad membership HTCIA Tuition Reimbursement/School Police 75 US-millard membership HTCIA Tuition Reimbursement/School Police 20 US-searchwarrant mail UNITED STATES POSTAL SERVICE Operating Supplies Police 26 US-forensic supplies MICRO CENTER A/R Miscellaneous IT Operating 43 US-power inverters MENARDS Operating Supplies Police 18 US-irrigation MENARDS Repair&Maint.Supplies Park Maintenance 17 US-preserve cabinet MENARDS Building Materials Park Maintenance 21 US-pamphlet holders-stan MENARDS Building Materials Outdoor Center 98 US-shelving/shop supplies MENARDS Building Materials Park Maintenance 145 US-laminate maint book FEDEX Office Supplies Water Treatment Plant 1,490 US-transcat/charger ECOM INSTRUMENTS Process Control Equipment Water Treatment Plant 883 US-fluke meter TRANSCAT Process Control Equipment Water Treatment Plant 309 US-membership dues TWIN CITY AREA LABOR MGMT COUN Dues&Subscriptions Park Maintenance 18 US-supplies MENARDS Equipment Repair&Maint Outdoor Center -15 US-return supplies MENARDS Equipment Repair&Maint Outdoor Center 22 US-oODC Trailer MENARDS Equipment Repair&Maint Outdoor Center 32 US-nbhd meeting EINSTEIN BROTHERS BAGELS Miscellaneous Community Development Admin. 158 US-Power adapter BROTHER MOBILE SOLUTIONS INC Equipment Parts Fleet Operating 20 US-green expo MNLA Conference Expense Park Maintenance 49 US-expo lunch SCOREBOARD Conference Expense Park Maintenance 180 US-2013 renewal SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 180 US-2013 renewal SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 42 US-Mcnulty prersentation TARGET Employee Award Organizational Services 30 US-gift card-mcnulty presentat CRUMB GOURMET DELI Employee Award Organizational Services 9 US-t vernon going away CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 300 US-fitopoly gift cards KOWALSKI'S MARKET Employee Award Organizational Services 150 US-fitopoly gift cards DICK'S SPORTING GOODS Employee Award Organizational Services 237 US-storage container OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 107 US-smoke alarms HOME DEPOT CREDIT SERVICES Operating Supplies Fire 254 US-dues INTERNATIONAL ASSOCIATION Dues&Subscriptions Fire 9 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Fire 20 US-software upgrade ADOBE SYSTEMS Operating Supplies Fire 10 US-office equip OFFICEMAX CREDIT PLAN Operating Supplies Fire 51 US-ice melt MENARDS Operating Supplies Fire 77 US-citizenship class NEW READERS PRESS Software Heritage Preservation 40 US-UB recurring cc PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit web security PAYPAL INC Equipment Repair&Maint IT Operating 36 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General Amount Explanation Vendor Account Description Business Unit 1,335 US-Dec2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 635 US-Dec2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 465 US-Dec2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -49 US-Dec2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 15 US-GFOA meeting T Wilson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 472 US-Conference DELTA AIR Travel Expense Finance 380 US-Conference GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 102 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 375 US-instructor uniforms JC PENNEY Capital Under$25,000 Ice Rink#1 210 US-aide uniform JC PENNEY Clothing&Uniforms Ice Rink#1 525 US-instructor uniforms JC PENNEY Capital Under$25,000 Ice Rink#1 25 US-aide uniform JC PENNEY Clothing&Uniforms Concessions 135 US-aide uniform JC PENNEY Clothing&Uniforms Concessions 20 US-aide uniform JC PENNEY Clothing&Uniforms Concessions 33 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 368 US-office label supplies HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 120 US-instructor uniforms JC PENNEY Capital Under$25,000 Ice Rink#1 38 US-raquets TARGET Operating Supplies Gymnasium(CC) 62 US-café food TARGET Merchandise for Resale Concessions 39 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 43 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 52 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 25 US-ice show endorsement ICE SKATING INSTITUTE Licenses,Permits,Taxes,Fees Ice Show 10 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 16 US-café food WALMART COMMUNITY Merchandise for Resale Concessions -300 US-return instructor uniform JC PENNEY Capital Under$25,000 Ice Rink#1 150 US-instructor uniforms JC PENNEY Capital Under$25,000 Ice Rink#1 375 US-ice rink renewal ICE SKATING INSTITUTE Dues&Subscriptions Ice Rink#1 47 US-ice rink supplies STAPLES Operating Supplies Ice Rink#1 217 US-gym supplies PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) 11 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 38 US-rec staff meeting KOWALSKI'S MARKET Miscellaneous Recreation Admin 184 US-skate room supplies MENARDS Operating Supplies Ice Rink#1 61 US-leak trailer MENARDS Repair&Maint.Supplies Water System Maintenance 133 US-leak trailer MENARDS Repair&Maint.Supplies Water System Maintenance 10 US-legislative session parking IMPARK Mileage&Parking Economic Development 144 US-dinner RAINBOW FOODS INC. Operating Supplies Fire 21 US-ice melt/washer fluid MENARDS Operating Supplies Fire 242 US-council workshop food BAKERS'RIBS Miscellaneous City Council 60 US-sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 114 US-lunchoen jay,lori.Lindsey SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-luncheon getschow SENSIBLE LAND USE COALITION Miscellaneous Administration 38 US-luncheon tyra-lukens SENSIBLE LAND USE COALITION Miscellaneous City Council 64 US-sunshine fund-schilling BACHMANS CREDIT DEPT Deposits Escrow 60 US-A Rose sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 67 US-Benson sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 60 US-Stark sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 76 US-conf Rojas,Makssous SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 283 US-council workshop food LEEANN CHIN Miscellaneous City Council 304 US-council workshop food JASON'S DELI Miscellaneous City Council Amount Explanation Vendor Account Description Business Unit 165 US-supplies LIFEGUARD STORE INC,THE Safety Supplies Pool Lessons 277 US-supplies ZEE MEDICAL SERVICE Safety Supplies Pool Operations 29 US-sump liner HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 19 US-supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 9 US-Meeting JJ'S COFFEE COMPANY&WINE BAR Miscellaneous Recreation Admin 11 US-Meeting JJ'S COFFEE COMPANY&WINE BAR Miscellaneous Recreation Admin 25 US-WILS membership renewal PAYPAL INC Dues&Subscriptions Recreation Admin 102 US-rec program TARGET Office Supplies Recreation Admin 75 US-Torch HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 92 US-Lumber SIWEK LUMBER&MILLWORK INC Repair&Maint.Supplies Storm Drainage 273 US-LLMN conf RADISSON HOTEL Conference Expense City Clerk 16 US-slow moving vehilce sign MENARDS Repair&Maint.Supplies Sewer Liftstation 26 US-drywall HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 3 US-paint MENARDS Repair&Maint.Supplies Sewer Liftstation 14 US-wire MENARDS Repair&Maint.Supplies Water System Maintenance 300 US-CEAM conf C Schulze UNIVERSITY OF MINNESOTA Conference Expense Engineering 60 US-CEAM dues C Schulze UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 106 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 180 US-pro shop vend SPORTS WORLD USA INC Merchandise for Resale Concessions 43 US-Drawing supplies OFFICEMAX CREDIT PLAN Office Supplies Park Maintenance 154 US-preserve cabinet MENARDS Building Materials Park Maintenance 9 US-green expo parking MPLSPARKING.COM Mileage&Parking Park Maintenance 75 US-woodshop equip HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 290 US-preserve cabinet MENARDS Building Materials Park Maintenance 47 US-preserve cabinet MENARDS Building Materials Park Maintenance 15 US-preserve cabinet MILLS FLEET FARM Building Materials Park Maintenance 14 US-reserves calendar CALENDAR WIZ Operating Supplies Reserves 62 US-ID checking guide DRIVERS LICENSE GUIDE CO Operating Supplies Police 32 US-training supplies GANDER MOUNTAIN Training Supplies Fire 43 US-training supplies OFFICEMAX CREDIT PLAN Training Supplies Fire 75 US-food DETELLOS Operating Supplies Fire 152 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 10 US-Meals CULVER'S Travel Expense Fire 10 US-Meals HOLIDAY INN Travel Expense Fire 11 US-Meals LAKE AVENUE CAFE Travel Expense Fire 20 US-Meals LAKE AVENUE CAFE Travel Expense Fire 14 US-Meals LAKE AVENUE CAFE Travel Expense Fire 15 US-Meals CANAL PARK BREWING CO Travel Expense Fire 320 US-Fire prevention supplies GETTY Fire Prevention Supplies Fire 268 US-wadders GANDER MOUNTAIN Safety Supplies Water Treatment Plant 35 US-supplies MENARDS Repair&Maint.Supplies Water System Maintenance 69 US-paint MENARDS Repair&Maint.Supplies Water System Maintenance 153 US-scripts for winter theater DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 13 US-hand held mirrors WALGREEN'S#5080 Operating Supplies Arts Center 38 US-wood scraps MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 15 US-scripts for summer musical MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 17 US-disputed charge-W Sevenich AMAZON.COM Deposits Escrow 331 US-training supplies APPRAISAL INSTITUTE Dues&Subscriptions Assessing 257 US-dry erase board for meter o OFFICEMAX CREDIT PLAN Operating Supplies Water Metering 29 US-critter food PETCO Operating Supplies Outdoor Center 15 US-critter food PETCO Operating Supplies Outdoor Center Amount Explanation Vendor Account Description Business Unit 32 US-critter food PETCO Operating Supplies Outdoor Center 9 US-general supplies CVS PHARMACY Operating Supplies Outdoor Center 44 US-Outdoor survival gear MENARDS Operating Supplies Outdoor Center 41 US-critter food PETCO Operating Supplies Outdoor Center 83 US-birding trip fuel P J'S Program Trips Outdoor Center 35 US-birding trip fuel HOLIDAY STATION STORES INC Program Trips Outdoor Center 23 US-critter food PETCO Operating Supplies Outdoor Center 15 US-pesticide applicator MINNESOTA DEPT OF AGRICULTURE Licenses,Permits,Taxes,Fees Park Maintenance 9 US-green expo MPLSPARKING.COM Mileage&Parking Park Maintenance 72 US-Mayors conf parking MPLSPARKING.COM Travel Expense City Council 1,350 US-conf of mayors-Boston HILTON HOTELS Travel Expense City Council -66 US-fraud US BANK Deposits Escrow -51 US-fraud US BANK Deposits Escrow -50 US-fraud US BANK Deposits Escrow -500 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -20 US-fraud US BANK Deposits Escrow -20 US-fraud US BANK Deposits Escrow -17 US-fraud US BANK Deposits Escrow -32 US-fraud US BANK Deposits Escrow -133 US-fraud US BANK Deposits Escrow -20 US-fraud US BANK Deposits Escrow -20 US-fraud US BANK Deposits Escrow -102 US-fraud US BANK Deposits Escrow 165 US-speaker wire MY CABLE MART Equipment Repair&Maint Public Safety Communications 253 US-radio receiver PROTECCONTROLS.COM Deposits Escrow -253 US-radio receiver refund PROTECCONTROLS.COM Deposits Escrow 405 US-water plant gate GATE HOUSE SUPPLIES Building Repair&Maint. Water Treatment Plant 101 US-IWCE conf BALLY'S LAS VEGAS Conference Expense Public Safety Communications 940 US-IWCE conf IWCE Conference Expense Public Safety Communications 25 US-WILS membership PAYPAL INC Dues&Subscriptions Recreation Admin 60 US-conf PAYPAL INC Conference Expense Recreation Admin 44 US-youth assn meetings KOWALSKI'S MARKET Operating Supplies Athletic Programs Admin 245 US-tools HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 262 US-dept weapon maintenance BROWNELLS INC. Training Supplies Police 187 US-domestic abuse cont A Bogre CORNERSTONE ADVOCACY SERVICE Tuition Reimbursement/School Police 1,475 US-ERU team SOTA Tuition Reimbursement/School Police 265 US-ERU conf SOTA Tuition Reimbursement/School Police 200 US job fair registration PAYPAL INC Tuition Reimbursement/School Police 1,135 US-glock handgun spare parts GLOCK PROFESSIONAL INC Training Supplies Police 244 US-B Dupont juvenille officer HOLIDAY INN Tuition Reimbursement/School Police 414 US-new world conf D Peterson US AIRWAYS Tuition Reimbursement/School Police 414 US-new world conf B Kaehler US AIRWAYS Tuition Reimbursement/School Police 414 US-new world conf S Mitchel US AIRWAYS Tuition Reimbursement/School Police 123 US-D Becker books WINNING MIND Training Supplies Police 96 US-D Becker books AMAZON.COM Training Supplies Police 58 US-D Becker books AMAZON.COM Training Supplies Police Amount Explanation Vendor Account Description Business Unit 250 US-B Davis FTO ATOM Tuition Reimbursement/School Police 150 US-B Davis training ATOM Tuition Reimbursement/School Police 250 US-trng C Sinon B Dean ATOM Tuition Reimbursement/School Police 185 US-emergency mgmt training HOLIDAY INN Tuition Reimbursement/School Police 21 US-rink supplies MENARDS Operating Supplies Youth Programs Admin 25 US-Rock on ice event DOLLAR TREE STORES,INC. Operating Supplies Skating Rinks/Warming Houses 129 US-bingo prizes DOLLAR TREE STORES,INC. Operating Supplies CC-Special Events&Trips 84 US-Rock on ice event TARGET Operating Supplies Skating Rinks/Warming Houses 95 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Youth Programs Admin 60 US-training PAYPAL INC Conference Expense Recreation Admin 318 US-father daughter dance ORIENTAL TRADING Operating Supplies Special Events&Trips 85 US-club 204 supplies TARGET Operating Supplies CC-New Adaptive 72 US-sat night out pizza DAVANNI'S PIZZA Operating Supplies CC-Saturday Night Out 177 US-cont ed courses NETA Tuition Reimbursement/School Fitness Classes 193 US-sound system TARGET Video&Photo Supplies Fitness Classes 550 US-headset for water aerobics SUPREME AUDIO INC Video&Photo Supplies Fitness Classes 73 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Aquatics&Fitness Admin 463 US-batteries for studios MEDICBATTERIES.COM Operating Supplies Fitness Classes 18 US-fit kids supplies KMART Operating Supplies Fit Kids Club 295 US-tuition for trx training TRX TRAINING Tuition Reimbursement/School Fitness Classes 250 US-monthly licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 45 US-online training course INTEGRATED PERFORMANCE Tuition Reimbursement/School Police 339 US-training equip AMAZON.COM Training Supplies Police 45,337 Report Total City of Eden Prairie Purchasing Card Payment Report 2/20/13 Amount Explanation Vendor Account Description Business Unit 975 US-water conf MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations-General 357 US-seminar FRED PRYOR SEMINARS Conference Expense Utility Operations-General 150 US-vactor class MACQUEEN EQUIPMENT INC Conference Expense Utility Operations-General 240 US-pump school MINNESOTA POLLUTION CONTROL AG Conference Expense Sewer Liftstation 43 US-mailbox repairs MENARDS Repair&Maint.Supplies Park Maintenance 500 US-wine club tote bags 4 ALL PROMOS Operating Supplies Prairie Village Liquor Store 500 US-wine club tote bags 4 ALL PROMOS Operating Supplies Den Road Liquor Store 500 US-wine club tote bags 4 ALL PROMOS Operating Supplies Prairie View Liquor Store 532 US-wine club tote bags 4 ALL PROMOS Operating Supplies Prairie Village Liquor Store 532 US-wine club tote bags 4 ALL PROMOS Audit&Financial Den Road Liquor Store 532 US-wine club tote bags 4 ALL PROMOS Operating Supplies Prairie View Liquor Store 66 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 136 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 19 US-café utensils TJMAXX Operating Supplies Concessions 178 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 5 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 263 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 47 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 21 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 217 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 21 US-valentines breakfast CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Programs 35 US-valentines breakfast PARTY CITY Operating Supplies Senior Center Programs 620 US-planer-woodshop ROCKLER WOODWORKING&HARDWARE Operating Supplies Senior Center Admin 51 US-volunteer recognition WALMART COMMUNITY Operating Supplies Senior Center Programs 5 US-drivers safety class WALGREEN'S#5080 Operating Supplies Senior Center Programs 286 US-coffee COFFEE WHOLESALE Operating Supplies Senior Board 25 US-drill parts DEWALT FACTORY Repair&Maint.Supplies Water Treatment Plant 76 US-air comp,pre-filter MILLS FLEET FARM Equipment Repair&Maint Water Treatment Plant 79 US-supplies 3M.COM Equipment Repair&Maint Water Treatment Plant 464 US-Press Tank NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 31 US-velcro/signs MENARDS Operating Supplies Park Maintenance 41 US-picnic tables MENARDS Repair&Maint.Supplies Park Maintenance 68 US-water plant memory CRUCIAL.COM Computers Water Treatment Plant 258 US-Community center TRANSACT TECHNOLOGIES,INC. Computers IT Operating 61 US-project mgmt IT PODIO INC Software IT Operating 65 US-warming house bench supplie HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 25 US-cleaning supplies MENARDS Cleaning Supplies Water Treatment Plant 84 US-paper towels MENARDS Lab Supplies Water Treatment Plant 21 US-T-square MENARDS Repair&Maint.Supplies Water Treatment Plant 175 US-training-S Cole DAKOTA COUNTY TECHNICAL COLLEG Licenses,Permits,Taxes,Fees Park Maintenance 175 US-training P Hammerlind DAKOTA COUNTY TECHNICAL COLLEG Licenses,Permits,Taxes,Fees Park Maintenance 233 US-fire officers conf ARROWWOOD RADISSON RESORT Travel Expense Fire 233 US-fire officers conf ARROWWOOD RADISSON RESORT Travel Expense Fire 183 US-fire officers conf ARROWWOOD RADISSON RESORT Travel Expense Fire Amount Explanation Vendor Account Description Business Unit 269 US-MPCA license MINNESOTA POLLUTION CONTROL AG Licenses,Permits,Taxes,Fees Fleet Operating 8 US-Parking STANDARD PARKING Mileage&Parking Fleet Operating 97 US-dvd player for training roo BEST BUY Operating Supplies Fleet Operating 18 US-ladder MENARDS Operating Supplies Street Maintenance 10 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 31 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions 10 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 25 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 12 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 49 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 345 US-MPCA permit MINNESOTA POLLUTION CONTROL AG Licenses,Permits,Taxes,Fees Water Treatment Plant 80 US-hotel RUTTGER'S SUGAR LAKE LODGE Tuition Reimbursement/School Water Treatment Plant 80 US-hotel RUTTGER'S SUGAR LAKE LODGE Tuition Reimbursement/School Water Treatment Plant 11 US-sample bottle TARGET Lab Supplies Water Treatment Plant 6 US-senior party CUB FOODS EDEN PRAIRIE Operating Supplies Fitness Classes 28 US-senior party CUB FOODS EDEN PRAIRIE Operating Supplies Fitness Classes 340 US-afternoon with bunny ORIENTAL TRADING Operating Supplies Special Events(CC) 231 US-flags for purgatory park AMERICAN FLAGS.COM Capital Under$25,000 Staring Lake 4,000 US-dock at riley LAKESHORE EQUIPMENT CO INC Capital Under$25,000 Riley Lake 14 US-Meeting SHAMROCKS Operating Supplies Fire 35 US-staff meeting DETELLOS Operating Supplies Fire 6 US-parking STANDARD PARKING Mileage&Parking Fire 13 US-Meeting SHAMROCKS Operating Supplies Fire 63 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 11 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 57 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 14 US-blue card BRUEGGERS BAGEL Operating Supplies Fire 24 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 14 US-blue card BRUEGGERS BAGEL Operating Supplies Fire 200 US-subscription renewal SURVEYMONKEY.COM Operating Supplies Fire 16 US-blue card JIMMY JOHNS Operating Supplies Fire 6 US-Parking STANDARD PARKING Mileage&Parking Fire 6 US-Parking STANDARD PARKING Mileage&Parking Fire 5 US-parking AMPCO SYSTEM PARKING Mileage&Parking Administration 66 US-IT manager interview panel KONA GRILL Miscellaneous Administration 90 US-baseline MENARDS Repair&Maint.Supplies Park Maintenance 27 US-irrigation-RL mech room MENARDS Operating Supplies Park Maintenance 26 US-baseline MENARDS Repair&Maint.Supplies Park Maintenance 34 US-timers round lake MENARDS Building Repair&Maint. Park Maintenance 64 US-Sr ctr wood shop MENARDS Equipment Repair&Maint Senior Center Admin 3 US-Sr ctr wood shop MENARDS Equipment Repair&Maint Senior Center Admin 124 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 10 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 350 US-safety light UNDERWATER KINETICS Safety Supplies Water Treatment Plant 101 US-Aquatics tour lunch TAVERN ON GRAND Conference Expense Community Center Admin 7 US-parking LRT mtg MPLSPARKING.COM Mileage&Parking Community Development Admin. 8 US-parking LRT mtg MPLSPARKING.COM Mileage&Parking Community Development Admin. 15 US-workshop JRK SEED AND TURF SUPPLY Conference Expense Park Maintenance 14 US-R browning-going away RAINBOW FOODS INC. Employee Award Organizational Services Amount Explanation Vendor Account Description Business Unit 15 US-T Mahtani,new employee NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 180 US-A Rose membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 50 US-K Hoogenakker-membership fe 123 SIGNUP.COM Dues&Subscriptions Human Resources 49 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 36 US-Political savvy lunch PAYPAL INC Conference Expense Human Resources 36 US-Political savvy lunch PAYPAL INC Conference Expense Human Resources 36 US-Political savvy lunch PAYPAL INC Conference Expense Human Resources 161 US-shop vac ice melt MENARDS Operating Supplies Fire 194 US-wash-truck MENARDS Small Tools Fire 29 US-seating UAC conf DELTA AIR Conference Expense Fire 25 US-baggage UAC conf DELTA AIR Conference Expense Fire 25 US-baggage UAC conf DELTA AIR Conference Expense Fire 530 US-FDIC conf fees FDIC Conference Expense Fire 440 US-FDIC airfare DELTA AIR Conference Expense Fire 35 US-training NETWORK FOR GOOD Conference Expense Housing and Community Service 40 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring credit card PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 60 US-membership renewal GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 15 US-Meeting GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 2,632 US-Jan2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,135 US-Jan2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 472 US-Jan2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -85 US-Jan2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 60 US-Caliri membership renewal GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 72 US-pizza for meeting GINA MARIAS INC Operating Supplies Prairie Village Liquor Store 72 US-pizza for meeting GINA MARIAS INC Operating Supplies Den Road Liquor Store 72 US-pizza for meeting GINA MARIAS INC Operating Supplies Prairie View Liquor Store 60 US-2013 Dues-T Robinson GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-membership renewal GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 43 US-café shelves HOME DEPOT CREDIT SERVICES Operating Supplies Concessions 401 US-vending machines/globes HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Pool Operations 553 US-vending machines/globes HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 48 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 37 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 48 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 6 US-parking MPLSPARKING.COM Mileage&Parking Economic Development 47 US-press parts DICHTOMATIC Equipment Repair&Maint Water Treatment Plant 6 US-press parts DICHTOMATIC Equipment Repair&Maint Water Treatment Plant 60 US-pull up bar AMAZON.COM Health&Fitness Fire 60 US-pull up bar AMAZON.COM Health&Fitness Fire 60 US-pull up bar AMAZON.COM Health&Fitness Fire 60 US-pull up bar AMAZON.COM Health&Fitness Fire 159 US-cpr training CRUMB GOURMET DELI Operating Supplies Utility Operations-General 170 US-cpr training CRUMB GOURMET DELI Operating Supplies Utility Operations-General 31 US-poster SHORTRUNPOSTERS.COM Office Supplies Utility Operations-General 105 US-poster frames DISPLAYS2GO Office Supplies Utility Operations-General 139 US-posters PAPER DIRECT INC Office Supplies Utility Operations-General 84 US-hook up printer BEST BUY Office Supplies Utility Operations-General 172 US-office library IKEA Office Supplies Utility Operations-General 15 US-Food for council workshop KOWALSKI'S MARKET Miscellaneous City Council Amount Explanation Vendor Account Description Business Unit 110 US-retirement gift-s grassy HALLMARK INSIGHTS Deposits Escrow 31 US-personal cc use-L Mc Waters WALGREEN'S#5080 Deposits Escrow 127 US-food for interviews CRUMB GOURMET DELI Miscellaneous City Council 188 US-council workshop RUBY TUESDAY Miscellaneous City Council 60 US-Sunshine fund-R Velner BACHMANS CREDIT DEPT Deposits Escrow 60 US-Sunshine fund-E Wahlund BACHMANS CREDIT DEPT Deposits Escrow 22 US-council workshop RAINBOW FOODS INC. Miscellaneous City Council 124 US-food for interviews CRUMB GOURMET DELI Miscellaneous City Council 18 US-food for council KOWALSKI'S MARKET Miscellaneous City Council 158 US-council workshop DAVANNI'S PIZZA Miscellaneous City Council 298 US-swim lesson supplies SWIMOUTLET.COM Operating Supplies Pool Lessons 164 US-first aid supplies FIRSTAIDSTORE.COM Safety Supplies Community Center Admin 102 US-first aid supplies ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 23 US-for signs,pick handles MENARDS Repair&Maint.Supplies Sewer System Maintenance 13 US-cable for 720 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 82 US-handle picks MENARDS Repair&Maint.Supplies Sewer Utility-General 121 US-supplies FASTENAL COMPANY Small Tools Sewer System Maintenance 97 US-sander NAPA AUTO PARTS Small Tools Storm Drainage 36 US-WILS PAYPAL INC Conference Expense City Clerk 321 US-pump GARY CARLSON EQUIPMENT Small Tools Storm Drainage 7 US-organizer MENARDS Repair&Maint.Supplies Water System Maintenance 21 US-toilet repairs MENARDS Repair&Maint.Supplies Utility Operations-General 484 US-totes 1BAGATATIME.COM Operating Supplies Recycle Rebate 128 US-café vending WALMART COMMUNITY Merchandise for Resale Concessions 221 US-café vending SPORTS WORLD USA INC Merchandise for Resale Concessions 250 US-can holder AM LEONARD Small Tools Park Maintenance 18 US-workshop supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 86 US-training supplies OFFICE DEPOT CREDIT PLAN Training Supplies Fire 3 US-operating supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 3 US-operating supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 39 US-training supplies FEDEX Training Supplies Fire 98 US-operating supplies JIMMY JOHNS Operating Supplies Fire 95 US-City center furniture keys EASYKEYS.COM Repair&Maint.Supplies City Hall-CAM 30 US-City center EDEN PRAIRIE APPLIANCE Waste Disposal City Center Operations 31 US-Sr ctr furniture keys EASYKEYS.COM Repair&Maint.Supplies Senior Center 8 US-lift OFFICEMAX CREDIT PLAN Repair&Maint.Supplies Sewer Liftstation 67 US-locator batteries MENARDS Repair&Maint.Supplies Water System Maintenance 62 US-envelopes for EP players br OFFICEMAX CREDIT PLAN Operating Supplies Theatre Initiative 224 US-Art supplies for kids after BLICK ART MATERIALS Operating Supplies Arts Center 28 US-supplies for b day party MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 24 US-WILS workshop PAYPAL INC Conference Expense Recreation Admin 1 US-Art supplies for kids after BLICK ART MATERIALS Operating Supplies Arts Center 40 US-audition for summer musical PAYPAL INC Operating Supplies Summer Theatre 32 US-bowls for clay molds PARTY CITY Operating Supplies Arts Center 16 US-sandpaper for kids classes HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 23 US-scripts for theatre SAMUEL FRENCH INC Operating Supplies Winter Theatre -17 US-refund,personal use W Seve AMAZON.COM Deposits Escrow 10 US-drinks for meeting EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Community Center Admin 24 US-WILS seminar PAYPAL INC Conference Expense Community Center Admin 30 US-pizza for meeting GINA MARIAS INC Miscellaneous Community Center Admin Amount Explanation Vendor Account Description Business Unit 80 US-membership renewal MAAO Dues&Subscriptions Assessing 80 US-membership renewal MAAO Dues&Subscriptions Assessing 530 US-conf J Pike MAAO Conference Expense Assessing 245 US-conf J Pike MAAO Conference Expense Assessing 80 US-membership renewal MAAO Dues&Subscriptions Assessing 80 US-membership renewal MAAO Dues&Subscriptions Assessing 80 US-membership renewal MAAO Dues&Subscriptions Assessing 80 US-membership renewal MAAO Dues&Subscriptions Assessing 465 US-subscription PWC real estat PRICE WATERHOUSE COOPER Dues&Subscriptions Assessing 530 US-confJ Carlson MAAO Conference Expense Assessing 58 US-supplies MENARDS Operating Supplies Traffic Signals 104 US-picnic table boards MENARDS Repair&Maint.Supplies Park Maintenance 43 US-critter food PETCO Operating Supplies Outdoor Center 18 US-critter food PETCO Operating Supplies Outdoor Center 36 US-critter food PETCO Operating Supplies Outdoor Center 27 US-timers for critter cages MENARDS Operating Supplies Outdoor Center 29 US-critter food PETCO Operating Supplies Outdoor Center 153 US-signs for nature rocks FASTSIGNS Operating Supplies Outdoor Center 312 US-repair dispatch clock SPECTRACOM CORPORATION Equipment Repair&Maint Public Safety Communications 24 US-luncheon PAYPAL INC Conference Expense Recreation Admin 60 US-emt study guide,Brown/Dean FISDAP Tuition Reimbursement/School Police 289 US-gun parts BROWNELLS INC. Equipment Repair&Maint Police 12 US-parking for job fair MPLSPARKING.COM Mileage&Parking Police 416 US-DART team training CORNERSTONE ADVOCACY SERVICE Tuition Reimbursement/School Police 38 US-Book for dispatch AMAZON.COM Office Supplies Police 38 US-food for dept training CUB FOODS EDEN PRAIRIE Operating Supplies Police 30 US-food for dept training PANERA BREAD Operating Supplies Police 5 US-parking STANDARD PARKING Mileage&Parking Police 100 US-2013 Dues AMEM Dues&Subscriptions Police 38 US-father/daughter dance DOLLAR TREE STORES,INC. Operating Supplies Special Events&Trips 19 US-father/daughter dance JORDAN ACE HARDWARE Operating Supplies Special Events&Trips 24 US-workshop PAYPAL INC Conference Expense Youth Programs Admin 140 US-Edible schoolyard workshop MINNESOTA LANDSCAPE ARBORETUM Conference Expense Youth Programs Admin 60 US-behaviors training AMERICAN CAMP ASSOCIATION Conference Expense Youth Programs Admin 59 US-supplies DOLLAR TREE STORES,INC. Operating Supplies CC-Special Events&Trips 60 US-workshop-professional devel PAYPAL INC Conference Expense Recreation Admin 24 US-professional development PAYPAL INC Conference Expense Recreation Admin 120 US-around town program THREE RIVERS PARK DISTRICT Special Event Fees Around Town 24 US-training expense KOWALSKI'S MARKET Miscellaneous Aquatics&Fitness Admin 40 US-music for body pump SCW FITNESS Video&Photo Supplies Fitness Classes 15 US-training supplies CARIBOU COFFEE Training Supplies Aquatics&Fitness Admin 115 US-radios for fitness room BEST BUY Video&Photo Supplies Fitness Classes 338 US-radios for fit floor AMAZON.COM Video&Photo Supplies Fitness Classes 250 US-monthly licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 24 US-conference PAYPAL INC Conference Expense Aquatics&Fitness Admin 211 US-replacement gun case LA POLICE GEAR Training Supplies Police 126 US-uniform purchase LA POLICE GEAR Clothing&Uniforms Police 39 US-uniform purchase LA POLICE GEAR Clothing&Uniforms Police 118 US-equipment TACTICAL COMMAND INDUSTRIES, Clothing&Uniforms Police 7 US-ERU uniforms SPUR NAME TAPES Clothing&Uniforms Police 28 US-worklight MENARDS Repair&Maint.Supplies Storm Drainage Amount Explanation Vendor Account Description Business Unit 35,395 Report Total CITY COUNCIL AGENDA DATE: SECTION: Appointments April 16, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Community Development: Appoint new Planning Commission representative Janet Jeremiah to the Southwest Light Rail Transit(LRT) Community Advisory Committee (CAC) Requested Action Move to: Appoint Catherine Lechelt as the Planning Commission representative to the Southwest LRT Community Advisory Committee (CAC). Synopsis Matt Fyten,who was appointed in 2012 as the Planning Commission representative to the CAC, has resigned his position on the Planning Commission. Lechelt will be the new Planning Commission representative on the CAC. CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members April 16, 2013 ITEM NO.: XIV.A.2. DEPARTMENT ITEM DESCRIPTION: Office of the City Manager Resolution Supporting the "Wyland Mayor's Challenge for Water Conservation" Requested Action Move to: Adopt the resolution supporting the Mayor's Challenge for Water Conservation. Synopsis The City of Eden Prairie won first place for the Midwest region in the 2012 Mayor's Challenge for Water Conservation. The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30, 2013. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- _ RESOLUTION SUPPORTING THE "WYLAND MAYOR'S CHALLENGE FOR WATER CONSERVATION" WHEREAS, the City of Eden Prairie is committed to increasing energy efficiency, protecting its natural resources and encouraging water conservation; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the "Wyland Mayor's Challenge," in association with the Wyland Foundation, the U.S. EPA's WaterSense Program, the U.S. Forest Service, Toyota, CH2MHill Water Match, Rainbird and Lowe's is a healthy, nonprofit competition for cleaner communities, and a water use and pollution reduction competition between cities; and WHEREAS, residents may register their participation in Eden Prairie's challenge online, by making simple pledges to decrease their water use and to reduce pollution for a period of one year; and WHEREAS, from April 1 to April 30, 2013, the City of Eden Prairie wishes to encourage its residents to take the "Wyland Mayor's Challenge for Water Conservation"by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the "Mayor's Challenge for Water Conservation." II. The program is to be implemented from April 1 to April 30, 2013, through a series of communication and outreach strategies, whether new or existing, to encourage Eden Prairie residents to take the "Mayor's Water Conservation Challenge." ADOPTED by the Eden Prairie City Council on this 16th day of April 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk