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HomeMy WebLinkAboutCity Council - 01/07/2014 ANNOTATED AGENDA DATE: January 3, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 7, 2014 TUESDAY,JANUARY 7, 2014 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. LIONS CLUB DONATION (Resolution) Synopsis: The City of Eden Prairie recently received a check in the amount of $340 on behalf of the Eden Prairie Lions Club to be used towards the purchase of microscopes for the Staring Lake Outdoor Center. MOTION: Move to adopt the resolution accepting the donation in the amount of $340 from the Eden Prairie Lions Club to be used toward the purchase of microscopes for the Staring Lake Outdoor Center. B. STATE FARM DONATION ON BEHALF OF GORDON WILLIAMS (Resolution) Synopsis: The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. ANNOTATED AGENDA January 7, 2014 Page 2 The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2014 as requested by Gordon Williams. MOTION: Move to adopt the resolution accepting the donation in the amount of $500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2014 Senior Center volunteer recognition event. C. HENNEPIN COUNTY COMMISSIONER JAN CALLISON V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 3, 2013 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 3, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE AGREEMENT WITH MATT'S AUTO SERVICE FOR TOWING SERVICES FOR 2014 C. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS D. ADOPT RESOLUTION DESIGNATING DEPOSITORIES E. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS ANNOTATED AGENDA January 7, 2014 Page 3 F. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2014 J. ADOPT RESOLUTION SUPPORTING THE MOVEMN TRANSPORTATION CAMPAIGN K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERVICES FOR OLYMPIC HILLS GOLF COURSE STORMWATER POND SEDIMENT REMOVAL PROJECT L. AWARD CONTRACT TO BLACKSTONE CONTRACTORS FOR THE POND 22-13-B POND UPGRADE PROJECT M. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 29-49-13 WITH HENNEPIN COUNTY FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS N. AWARD CONTRACT TO MODIFY THE EXISTING WATER TREATMENT PLANT GENERATOR TO COMPLY WITH EPA RICE NESHAP O. APPROVE CONSTRUCTION CONTRACT WITH E.H. RENNER& SONS, INC. TO SERVICE AND UPGRADE MUNICIPAL WELLS NO. 5 AND 12 P. APPROVE CONTRACT WITH SPRINGSTED INCORPORATED FOR POST COMPLIANCE ISSUANCE SERVICES Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR PHASE 3 CONSTRUCTION TO EXPAND THE FIBER OPTIC NETWORK TO FIRE STATION 4, EMERGENCY OPERATIONS CENTER R. APPROVE LEASE AGREEMENT WITH ARVIG FOR LEASED FIBER CONNECTIONS ANNOTATED AGENDA January 7, 2014 Page 4 IX. OTHER BUSINESS A. APPROVE MAINTENANCE AGREEMENT WITH UNITED HEALTHCARE SERVICES,INC. RELATING TO SHADY OAK ROAD IMPROVEMENTS Synopsis: United HealthCare Services, Inc. has agreed to maintaining landscaping and irrigation that they installed along and within the medians on City West Parkway and landscaping in the boulevard areas of W 62nd Street, Shady Oak Road, and City West Parkway. MOTION: Move to approve the Maintenance Agreement with United HealthCare Services, Inc. as it relates to the Shady Oak Road Improvements. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION DESIGNATING OFFICIAL CITY NEWSPAPER Synopsis: This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current had been the official newspaper from 2003 through 2007. MOTION: Move to adopt Resolution designating the Eden Prairie as the official City newspaper for the year 2014. B. RESOLUTION DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2013 AND APPOINTING ACTING MAYOR Synopsis: This resolution requires approval on an annual basis MOTION: Move to adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2014 and appointing Councilmember the Acting Mayor. ANNOTATED AGENDA January 7, 2014 Page 5 C. RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY Synopsis: This appointment requires approval on an annual basis. MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary for calendar year 2014. D. RESOLUTION APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2013 Synopsis: This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2013. MOTION: Move to adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of the Mayor to the Municipal Legislative Commission. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Case served on the Southwest Cable Commission in 2013. MOTION: Move to approve appointment of to the Southwest Cable Commission. ANNOTATED AGENDA January 7, 2014 Page 6 H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION Synopsis: This appointment is approved on an annual basis. Council Member Nelson has served on the Eden Prairie Foundation since 2008. MOTION: Move to approve appointment of to the Eden Prairie Foundation. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Councilmember Aho has served on the I-494 Corridor Commission from 2005 to 2013. MOTION: Move to approve appointment of to the 1-494 Corridor Commission. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Synopsis: This appointment is approved on an annual basis. Council Member Butcher Wickstrom served on the City and School Facilities Use Task Force in 2012 and 2013. MOTION: Move to approve appointment of to the City and School Facilities Use Task Force. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. MOTION: Move to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. L. RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES Synopsis: State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: ANNOTATED AGENDA January 7, 2014 Page 7 • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2012 and 2013. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing and to the Eden Prairie Fire Relief Association. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Construction Manager Agreement for Aquatics Expansion Project Synopsis: Staff recommends the use of Construction Management Services for the Community Center Aquatics Expansion project due to the uniqueness and complexities of the project, the use of many types of construction trades and the benefits of having continuous on-site expertise. A proposal for Construction Management Services from RJM has been received. The proposed pricing is less than the previous community center expansion project(2.25%vs. 2.4%). The proposed agreement uses a similar contract philosophy to the previous staged agreement for architectural services with HGA and uses AIA Document A133 —2009 as the basis for the contract. The pricing is a fixed amount of$43,750 for the design, cost estimating and the bidding services portion. The remainder of the contract would only be executed if the City Council were to award the bids and authorize the project. This second portion of the project would be priced based on 2.25% of the agreed upon guaranteed maximum price. MOTION: Move to authorize Construction Manager Agreement with RJM for services prior to bidding and additional services if bids are awarded. 2. Mayor's Health and Wellness Committee Update Synopsis: In addition to an overview of the Committee's activities and efforts, staff will review the Live Well Food Truck concept and seek City Council approval to move forward with a fundraising and naming rights ANNOTATED AGENDA January 7, 2014 Page 8 effort similar to the Miracle Field, Miller Park Barrier Free Play Area, the Aquatics Expansion Project and the Third Sheet of Ice efforts. MOTION: Move to: Authorize staff and Mayor's Health and Wellness Committee members to develop a Fundraising and Naming Rights Program and to seek the assistance of the Eden Prairie Community Foundation to support a fundraising effort. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. E-cigarette Update No action is requested. This is an informational item. Synopsis: E-cigarettes have become more prevalent and retail locations are opening up across the State. The attached Memorandum discusses what e cigarettes are, health and safety concerns, and a summary of some other state and local regulation of e cigarettes. The Memorandum provides a summary of the City's options relating to e-cigarette regulation. XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Eden Prairie Lions Club Donation to Parks and Recreation Outdoor Center Requested Action Move to: Adopt the resolution accepting the donation in the amount of$340 from the Eden Prairie Lions Club to be used toward the purchase of microscopes for the Staring Lake Outdoor Center. Synopsis The City of Eden Prairie recently received a check in the amount of$340 on behalf of the Eden Prairie Lions Club to be used towards the purchase of microscopes for the Staring Lake Outdoor Center. Background The Staring Lake Outdoor Center is a warm and inviting educational facility where people of all ages and abilities can come and interact with the natural world. The programs and trips offered by the Outdoor Center enable both children and adults to experience and learn about the world around them throughout the year. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the am ount of$340 fr om the Eden Prairie Li ons Club to purchase microscopes for the Outdoor Cent er is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of January 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director, State Farm Companies Foundation Donation Parks and Recreation on Behalf of Gordon Williams; Eden Prairie Senior Center Volunteer Requested Action Move to: Adopt the resolution accepting the donation in the amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to be used toward the 2014 Senior Center volunteer recognition event. Synopsis The Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes, trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program gives out matching monies, matching the amount of volunteer hours an individual submits to their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be used towards the annual Senior Center volunteer recognition event in April, 2014 as requested by Gordon Williams. Background In 2012, 4,500 volunteer hours were served by local seniors at the Eden Prairie Senior Center at a value of$99,630, based on$22.14 value for volunteer time (from Independent Sector). Over 50 senior volunteers are recognized each spring at the annual volunteer recognition event for their dedicated time and commitment to the Senior Center programs, facilities and services. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the am ount of$500.00 to be used for the Senior Center Volunteer Recognition event at the Eden Prairie Senior Center from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January7, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,DECEMBER 3, 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 GUESTS: Senator David Hann, Representative Jenifer Loon, Representative Yvonne Selcer Workshop-Heritage Room II I. LEGISLATIVE UPDATE Getschow noted that Eden Prairie's other two legislators, Senator Melisa Franzen and Representative Paul Rosenthal, were invited to the workshop but were unable to attend. Getschow reviewed a handout outlining Municipal Legislative Commission and City of Eden Prairie legislative priorities for 2014. Those priorities fall into three categories: • Promote accountability and transparency in the State/Local fiscal relationship o Support policies that promote a more equitable property tax burden as a percentage of income o Protect the circuit breaker(property tax refund)program o Fix sales tax exemption issues o Oppose limitations on local units of government • Invest in job retention and growth o Support providing DEED with tools and incentives to attract and retain businesses o Support transportation funding package that promotes economic development and keeps Minnesota competitive • Support local government policies that promote fairness and equity o Oppose mandates related to expenditure-type reporting o Reduce and better align agency oversight of water resource management o Support changes to current election process City Council Workshop Minutes December 3, 2013 Page 2 Discussion Rep. Loon said she expects a bonding bill to be passed this session. She said she does not foresee progress on fiscal disparities during the upcoming session. She said she believes property tax burden disparities would be best addressed by using a percentage of income formula. She said she is interested in learning more about how the sales tax law can be tweaked to fix bugs related to joint powers agreements, etc. She said there will likely be an increase in the minimum wage. Council Member Nelson asked if the legislature might consider changing the base year for fiscal disparities, so that older properties would drop off or age out. Rep. Loon said that is one alternative that has been discussed. Rep. Selcer said she expects the Southwest LRT project to be included in the bonding bill. She also believes the original end of the line location may be restored. She said she is particularly interested in initiatives to train workers for today's workplace and helping students to prepare to enter high paying technology/manufacturing jobs. She said the minimum wage issue will probably come back up. She has been hearing from small business owners that they do not feel an increase would be good for the local economy. Senator Hann said he believes the state financial forecast will be positive, and that some sort of surplus will be announced in February. He feels the session will be a short one, and that LRT will be included in the bonding bill. He expects to see an increase in minimum wage, but probably not as robust as that proposed by the governor. He feels it will be a priority for the state to repay the $220 million it owes to the schools. He said inequities in the fiscal disparities program will be addressed, but probably not during this session. Hann said it will be a priority for the legislature to address issues with the sex offender program. He said the program is very costly and there is not uniform criteria for being placed in the program. Hann said he does not believe the new Capitol Office Building is worth the $90 million price. Council Member Aho said he does not believe the gas tax is meeting the need for a stable source of revenue. Hann said he recently met with a number of transportation-related businesses. He said he also senses the need to find another way to fund transportation. He said this issue will likely be addressed by the legislature in 2015. Selcer said she agrees that how transportation is funded needs to be reviewed. Loon said she is concerned about the future of Southwest Transit bus services in light of the Southwest LRT project. Mayor Tyra- Lukens said the City would welcome the vigilance of our legislators on funding for Southwest Transit. Open Podium - Council Chamber II. OPEN PODIUM City Council Workshop Minutes December 3, 2013 Page 3 A. Bill Saterness—Friends of Red Rock Lake Mr. Saterness provided an update on Friends of Red Rock Lake activities to the City Council. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 19, 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 7:03 PM. All Council members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. BEYOND THE YELLOW RIBBON PROCLAMATION Bob Danielson, Chair of the Eden Prairie Beyond the Yellow Ribbon steering committee,presented Mayor Tyra-Lukens with a proclamation signed by Governor Dayton proclaiming the City of Eden Prairie to be a Yellow Ribbon City. He said the program was developed by the National Guard to bring together and promote the well-being of veterans in the community. Tyra-Lukens thanked Mr. Danielson and the committee for their hard work on this very much needed program. B. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN -UPDATE Hennepin County Attorney Mike Freeman commended the Eden Prairie Police Department on their work to fight crime in the community. He said Hennepin County needs strong support from the local police departments to deal with crime. He noted crime is down significantly in Eden Prairie since 2006. He reviewed the progress made in crime-fighting methods and prosecution of criminals. Tyra-Lukens asked if other suburban communities have experienced a similar drop in crime. Mr. Freeman said other communities have experienced a drop,but Eden Prairie's has dropped more than most suburbs. CITY COUNCIL MINUTES December 3,2013 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1 and 2.Nelson added Item XIV.A.3. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 19, 2013 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday,November 19, 2013, as published. Motion carried 4-0-1, with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 19, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday,November 19, 2013, as published. Motion carried 4-0-1,with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 18-2013 AND ADOPT RESOLUTION NO. 2013-101 FOR FAIRWAY WOODS II CONDO HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA; AND ADOPT RESOLUTION NO. 2013-102 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ST ANDREW HAVEN by J. David Management, LLC. Second reading of Ordinance 19-2013-PUD-10-2013 for Planned Unit Development District Review with waivers and Zoning District Change on 1.716 acres. Location: 13618 St. Andrew Drive (Ordinance No. 19-2013-PUD-10-2013 for PUD District Review with waivers and Zoning District Change) D. APPROVE SECOND READING OF ORDINANCE NO. 20-2013 AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03,AND 11.70 RELATING TO SCULPTURES AND STATUARY AS ACCESSORY STRUCTURES AND ADOPT RESOLUTION NO. 2013-103 APPROVING PUBLICATION OF SUMMARY ORDINANCE E. AWARD CONTRACT FOR OLYMPIC HILLS GOLF CLUB STORM WATER POND SEDIMENT REMOVAL PROJECT TO NORTH METRO ASPHALT & CONTRACTING CITY COUNCIL MINUTES December 3,2013 Page 3 F. ADOPT RESOLUTION NO. 2013-104 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT NO. A12099 WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES G. AWARD CONTRACT FOR LIME RESIDUALS HAULING AND DISPOSAL TO MOELTER GRAIN INC. H. APPROVE ACQUISITION OF PARCELS 7 AND 8 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS I. AWARD CONTRACT FOR FOUR NEW SUBMERSIBLE SUMP PUMPS, ASSOCIATED PIPES, FITTINGS,VALVES,AND ELECTRICAL TO MAGNEY CONSTRUCTION J. AWARD 2014 CONTRACTS FOR WATER TREATMENT CHEMICALS K. APPROVE FUNDING RECOMMENDATIONS FOR SOCIAL SERVICE PROVIDERS FOR 2014 AND 2015 Case asked that Item H be pulled for separate action as he needed to recuse himself from any discussion or action on that item. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-G and I-K of the Consent Calendar. Motion carried 5-0. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Item H of the Consent Calendar. Motion carried 4-0-1,with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Getschow said official notice of this public hearing was published in the November 14, 2013,Eden Prairie News. He said there are two public hearings tonight relating to the fee schedule. The first is for an ordinance that establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota State statutes. If this item is approved, there will be a second reading of the ordinance later on in the meeting. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve 1st reading of the ordinance updating the fee schedule for Administration of Official Controls. Motion carried 5-0. CITY COUNCIL MINUTES December 3,2013 Page 4 B. RESOLUTION NO. 2013-105 UPDATING THE FEE SCHEDULE FOR CITY SERVICES Getschow said official notice of this public hearing was published in the November 14, 2013,Eden Prairie News. He said this resolution updates the fee schedule for the City's services not covered by ordinance. Eden Prairie has chosen to conduct a public hearing on every change to every fee. He noted staff goes through on an annual basis and compares the fees to other jurisdictions and reviews the cost of providing the services. He noted fees related to development and inspections are reviewed every two years. He said the Council spent considerable time at the last workshop discussing the utility fees, and those fees are a part of this action. Basil Wissner, 8293 Mitchell Road, asked how the public could get a copy of the fee schedule. Tyra-Lukens replied it is included in the Council meeting packet and could be accessed on the City website. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt the 2014 Fee Resolution No. 2013-105. Motion carried 5-0. C. 2014 BUDGET Getschow said every property owner in the City was provided notice of their proposed taxes for 2014 along with notice of tonight's meeting. Tyra-Lukens noted Council Members have been reviewing the proposed budget for several months. Tammy Wilson, Finance Supervisor, gave a PowerPoint presentation about the proposed tax levy and budget for 2014. She noted Hennepin County, Metropolitan Council and the Eden Prairie School District are also holding public meetings about their portions of the 2014 taxes. She reviewed the history of market values in the City, noting the values have increased about 1.6% over 2013. She gave a summary of the budget and details of the General Fund revenues and expenditures. She said beginning January 1, 2014, cities and counties will be exempt from State sales tax which will result in a $190,000 reduction in the General Fund budget. She reviewed the debt summary, noting the debt payments will decrease significantly over the next couple of years. She said there will be a 1.8% increase in the total property tax levy for 2014. Getschow said the goal of the City budget is to continue to keep Eden Prairie a premier place to live by developing and maintaining signature City events, reinvigorating current City events and preserving our exceptional image internally and externally. Operationally we plan to enhance service levels in public safety, to preserve all other city service levels using the same resources, and to continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities. He reviewed the current and upcoming efficiencies and innovations, noting many of the new expenditures are revenue neutral and are based on the use of new technologies. He said the tax levy is the lowest proposed levy among similar size communities. He reviewed the impact of fiscal disparities on the City, noting Eden Prairie is currently the No. 2 contributor to this tax base sharing program. Without CITY COUNCIL MINUTES December 3,2013 Page 5 fiscal disparities the 2013/2014 residential property tax would be 10.5% less than it is with that program in place. He said the City Assessor was present tonight to answer questions about the individual property values outside of the Council Chamber. There were no comments from the audience. Case said this is the end of a long process, and he appreciated the thoroughness of staff Tyra-Lukens said it is wonderful that our levy increase is so low given that we place emphasis on continuing excellence. Aho noted analysis of the increases in the total levy and budget shows they are not the kinds that increase our levy,but rather are pass-through amounts. Nelson commended staff for the use of innovation to provide greater service at less cost. She was proud we are keeping up all our services within the limits of inflation. Butcher Wickstrom commented we continue to use efficiencies within innovation to cut costs, and yet we continue to be a stellar city. She said Eden Prairie was recognized as a model city by many who attended the recent National League of Cities meeting. MOTION: Nelson moved, seconded by Case, to close the public meeting. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 21-2013 UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2013-106 APPROVING PUBLICATION OF SUMMARY ORDINANCE Getschow said this is second reading of the ordinance passed earlier in the meeting. The item will need to receive unanimous approval of the Council in order to pass. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve 2nd reading of Ordinance No. 21-2013 updating the fee schedule for Administration of Official Controls and to adopt Resolution No. 2013-106 approving summary publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES December 3,2013 Page 6 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Water Tower Refurbishment--Council Member Case Case said he noticed the iconic water tower in the center of town is looking a little bad. Ellis said the water tower is in the five-year plan, but the Baker Road water tower will be painted before the Town Center one. He said they did do some power brushing on the Town Center water tower this past summer. 2. Electronic Cigarettes--Council Member Case Case said e-cigarettes have been getting a lot of publicity lately, and some cities and states have decided to become a little more proactive on the subject. He asked if staff could look into this and bring back a brief report on what other cities are doing and what the laws are regarding e-cigarettes. Rosow said he has done research on this subject for another city and could provide a copy of that report. 3. LED Street Lighting--Council Member Nelson Nelson said the Friday report a few weeks ago described plans to expand the use of LED street lights next year. She was excited because the lights use a lot less energy. She was hoping staff could bring an overall plan to change all the City's street lights to LED and to work with Xcel Energy to upgrade the lights that are under their control. Getschow said by the end of 2014 all of the City's street lights will be LED. Ellis said there are about 4000 street lights in Eden Prairie, of which 100 are owned and operated by the City. He said a number of cities have been pushing Xcel Energy and the Public Utilities Commission (PUC)to switch over to LED. The technology has improved, and Xcel did a pilot project in West St. Paul to convert 500 street lights to LED. Xcel Energy is evaluating the energy, operation and maintenance of those lights. We are waiting for the PUC to establish a new rate class for LED street lights, and that would open up the market for all cities. Nelson said we should do whatever we can to use cheaper sources of energy for all our street lights. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES December 3,2013 Page 7 1. Resolution No. 2013-207 Certifying the 2014 Property Tax Levy, Adopting the 2014 Budget, and Consenting and Approving the 2014 HRA Tax Levy Getschow said this item is a resolution to take action on the City budget and property tax levy. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-207 certifying the 2014 property tax levy to be $33,020,111, to approve the 2014 budget of$43,497,285 as reviewed by the Council, and to consent and approve the HRA tax levy and budget of $200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Miracle League Field Fundraising Program Lotthammer said at the September 17, 2013 City Council Meeting, Council Members authorized staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League Field. He showed a schematic of the Miracle League Field. He said the fundraising committee would be headed by Dave Espe and would include community members such as Mike Garvin. The fund-raising committee would expect to raise funds through the sale of inscribed pavers on the plaza and through naming rights for the field. They estimate the cost of the field to be about $250,000. He thought there probably would be a lot of corporate interest in the field. The fund-raising committee hopes to work hard in December to take advantage of tax-deductible donations for 2013. The Eden Prairie Community Foundation Board has approved becoming the fiscal agent for the grant funds. Tyra-Lukens asked about specific plans for the fund raising efforts this winter. Lotthammer said there are some local corporations that have indicated interest as well as some national corporations that have given to other such fields. They also have some leads through the state and national Miracle League organizations. Tyra-Lukens asked if they will be doing any sort of mail or newspaper campaign. Lotthammer said they have some past contributors for other similar projects,but we could target some other potential donors from our City business list. MOTION: Butcher Wickstrom moved, seconded by Nelson, to authorize the Miracle League Field fundraising program at levels and recognition amounts outlined in the staff report. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Well Head Protection Plan Update CITY COUNCIL MINUTES December 3,2013 Page 8 Rick Wahlen, Manager of Utility Operations, gave a PowerPoint presentation on the update of the Well Head Protection Plan(WHPP). He said Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well to ensure community growth and expansion do not negatively impact the city's water supply. The plan must be updated every 10 years. Wahlen said the water system is a $94,000,000 asset of the City that consists of 15 deep wells, a 28,000,000 gallon water treatment facility, water storage facilities, and 265 miles of water main. He said the update to the WHPP is a two phase process,both of which involve public hearings. Part I of the process is the analysis, and that part has been completed. Part II will be completed in December 2014 and determines how we will protect our water supply. Digital modeling of our underground aquifer system was done as part of study for the update. The modeling included the science of"fracture flow" which identifies cracking in the Prairie du Chien formation of the aquifer. The cracking allows the fast transport of water through the cracks and thus creates a much larger than expected area that can be influenced by potential contamination. The enlarged area now extends into neighboring towns, and many of the possible contamination sites that are at risk to us are located within other communities. He said it might be good for Eden Prairie and the surrounding communities to consider creating an overlapping Well Head Protection Overlay District. He noted public education is a large part of this process. Nelson asked if the Planning Department is taking the potential for contamination into consideration when reviewing any request for building in the yellow areas of the map. Wahlen said the plan will have to be approved by the Department of Public Health when the WHPP update is completed. Nelson said this is an important piece to consider for those areas as they are developed. Wahlen said the yellow indicates the potential for the earth itself to be a pathway for contamination in that area. We will need to monitor activity that might create a contaminant in those areas. He said the DNR has learned a lot about this process in the last few years, and a lot of staff are needed at the State level to deal with the issue. Nelson asked for a copy of the street overlay once it is available. Tyra-Lukens asked what Mr. Wahlen saw in terms of informing residents who live in the yellow or red areas. Wahlen said they need to be aware that anything done on the surface has the potential for contaminants to migrate to the water supply. Tyra-Lukens suggested staff go out to neighborhood associations in those areas to help educate people. Aho asked if there is a separate program to protect and secure our water treatment facilities from contamination. Wahlen said we are very conscious of that and have had staff training to raise awareness of such things. CITY COUNCIL MINUTES December 3,2013 Page 9 Butcher Wickstrom said she was interested in the science of this and would like to see some of the science turned into an educational opportunity at the water plant. 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 meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:33 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 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 2014 Renewal Licenses Bingo Organization: Eden Prairie Noon Rotary Solid Waste Collector Place: Eden Prairie Community Center Randys Sanitation 16700 Valley View Road Date: February 8, 2014 Waste Management Advanced Disposal Raffle Tennis Roll Off Organization: Eden Prairie Noon Rotary The Buckingham Companies Place: Round Lake Park 16691 Valley View Road Organic Disposal Date: February 8, 2014 Shamrock Disposal LePage & Sons Temporary Liquor Tubs Organization: Church of Pax Christi Alpha Container Services & Recycling Event: Annual Cana Dinner Date: February 8, 2014 Total Sanitation Service Place: Church of Pax Christi Republic Services 12100 Pioneer Trail Lloyds Construction Services Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Winter Games Fundraiser Date: February 8, 2014 Place: Eden Prairie Community Center& Round Lake Park 16691 & 16700 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Police, Chief Rob Reynolds Approval of 2014 Towing Services Agreement Requested Action Move to: Approve renewal of the agreement for towing services between the City of Eden Prairie and Matt's Auto Service for 2014. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 48 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2012 agreement. The proposed agreement has been reviewed and approved by the City Attorney. Attachment: 2014 Agreement for Towing Services 2014 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2014, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Au to Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the m utual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contr actor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. S tat. § 169.011, Subd. 92. These services shall b e provided in accordance with the terms of this Agreement. The Contractor shall furnis h the equipm ent, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided fo r the towing of vehicles shall be checked for driver's license and warrants by the City of Eden Prairie Police Department (hereinafter, the "Police Departm ent") prior to their assignm ent. Contractor agrees to train all drivers in the prope r towing of vehicles contai ning hazardous m aterials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure m anner. The facility shall have space for n o fewer than 150 veh idles and shall be located within one mile of the City limits. 4. Operation. No vehicle shall be towed under this Agreem ent without specific authorization from an e mployee or ag ent of the City. All vehicles shall be towed, not driven(except when authorized) without damage to the vehicles, to the storage facility. Contractor shall m aintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreem ent, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall, within 72 hours, send to the registered owner a notice by certified mail specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such info rmation can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be rele ased without proper proof of ownership. Vehicles ordered held by the Police Departm ent ("Police Hold") sh all not be released without written authorization from the Police Depailnient. Vehicles not kept on a Police Hold shall b e released by the Contractor of ter obtaining proper proof of ownership and 1 proof of current insurance cove rage if the vehicle is to b e driven ou t of the storage facility. The Contractor reserves the right to specify the m anner of paym ent for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Mini mum hours shall be 8:00 a.m. to 5:00 p.m . Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contra ctor agrees to provide em ergency service beyond those hours at the request of the Police Department. 7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES Impounded vehicles $89.00/115.00 Trailering impounded vehicles (additional) $5 minimum Accidents $89.00/145.00* Lowboy& Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be imposed depending on the specific equipm ent or labor needed at the scene. STORAGE RATES Two wheel motor vehicles, mopeds, ATVs, and snowmobiles $30.00/day Other vehicles (excluding large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional m eans due to unusual factory or after-m arket equipment installed will be towed at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges may include, but are not lim ited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipm ent needed, and vehicles located off the m ain roadways. Labor charges must be justified by the Contractor. 2 All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing with in the City shall be towed without charge to the City, (b)vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandone d by the owner that require disposal at the Contractor's expense pursu ant to paragraph 10 of this Agreem ent. Any such fees charged by the Contractor shall be deducte d from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owne r or lien holder shall be towed and stored at the following rates: (a) Vehicles released within 15 days of impound(0-15 days) shall be charged the towing and storage fees outlined in paragraphs 6 and 7. (b) Vehicles released up to 60 da ys after im pound (16-60 days) shall be charged a$200.00 flat fee. (c) Vehicles released more than 60 da ys after impound (61+days) shall be charged a $200 flat fee plus $5 per day beginning on the 61st day. (d) If a vehicle has been stored m ore than 60 days and the C ontractor has notified the registered owner or lien holder by certified m ail to pick up the vehicle, and the registered owner or lie nholder does not do so within 30 days of such notification, the Contractor shall charge the storage rate outlined in paragraph 7, beginning on the 31st day after notification. By way of example, if a registered owner receives notice 45 days after impound that his or her car m ay be picked up, the applicable storage fee depends on when the owner picks up the car: Pick up by owner on day 50: $200 flat fee Pick up by owner on day 70: $200 flat fee for days 0-60 $5/day for days 61-70 ($5 x 10 days = $50) Total= $250 Pick up by owner on day 80: $200 flat fee for days 0-60 $5/day for days 61-75 (day 75 is the expiration of 30-day notice period) ($5 x 15 days= $75) $30/day for days 76-80 ($45 x 5 days = $225) Total= $500 3 The Contractor will char ge the City$12.00 per vehicle for registered owner and/or lien holder notification to cover staff time and mater ials related to forfeited vehicles. Release of such vehicles sha 11 be governed by Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63. Any storage or towi ng fees paid to the Contractor by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor. 9. Records and Reports. The Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the City(the "Annual Towing Report"). Th e Annual Towing Report shall include the reasons why, if any, vehicles towed have not be en released. The Contractor shall file the Annual Towing Report with the Police Depart ment on or before December 31 of each year for the preceding twelve-m onth period. All records of services p rovided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request. 10. Administrative Fees. The Contra ctor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in th e Annual Towing Report filed with the Police Departm ent. The Contractor shall pay these fees annually at the same time that the Contractor file s the Annual Towing Re port as provided in paragraph 9. Vehicles not claimed and destroyed by the Contractor will be exe mpt from the administrative fee. 11. Sales and/or Disposal. When the to tal of all charges for towing, storage, and other charges equals or exceeds the va lue of the vehicle im pounded, the Contractor shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff's sale or otherwise dispose of the vehicle by lawful m eans. The Chief of Police may authorize the lawf ul sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall repo rt all tr ansactions of sale or disposal, including the proceeds received, in the Annual Towing Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2015, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement. 12. Liability. The Contractor shall be re sponsible for the loss of, or dam age to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle,by hooking or hoisting the vehicle, or by any other m eans. The Contractor shall be responsible for the safekeeping of personal property within or on the vehicle as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harm less, and defend the City, its em ployees, and agents from and against all claim s, damages, losses, and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including 4 loss of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury& $100,000 each occurrence Property Damage Fire & Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall c over all operations under th is Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them . Coverage for bodily injury and property da mage shall be written under corn prehensive general and comprehensive automobile liability policy form s, including coverage for all owned, hired, and non-owned m otor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this paragraph shall include a provision stati ng that the policy m ay not be canceled, terminated, or reduced except upon thirty(30) days written notice to the City. The insurance company shall deliv er to the City cer tificates of all r equired insurance on a for m provided by the City, sign ed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contract or agrees during the life oft his Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, co lor, sex, age, creed, national orig in, or any other b asis prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in emergency or unforeseen circum stances. All subcontractors shall be bound by and covered by all terms of this Agreement. 17. Agreement Period. This Agreem ent shall commence on January 1, 2014, and terminate on January 15, 2015 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreem ent may be renewed from year to year on the same terms and conditions upon the m utual written consent ofthe City and the Contractor. This Agreem ent may also be terminated by either party upon fifteen(15) days written notice if the other fails to p erform in accordance with the term s of this Agreement through no fault of the terminating party. 5 18. Independent Contractor. At all ti mes and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statem ent herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall co nstitute a material breach of this Agreement and entitle the City to terminate this Agreement. 20. Audit. The books, records, docum ents, and accounting procedures and practices of the Contractor or other parties relevant to this Agr eement are subject to examination by the City and either the Leg islative Auditor or the S tate Auditor as appropriate. 21. Payment to Subcontractors. The C ontractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The C ontractor shall pay interest of one and one- half percent(11/2%)per m onth or any part of a m onth to a s ubcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or m ore is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actua 1 amount due to the subcontractor. 22. Data Practices Act Com pliance. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 ("Data Practices Act"). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by the Contractor in perfor ming any of the f unctions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All sub contracts entered into by Contra ctor in re lation to this Agreement shall conta in similar Data Practices Act compliance language. 23. Final Payment. The City m ay withhold from any final payment due the Contractor such am ounts as are in curred or expended by the City on a ccount oft he termination of the Agreement. 24. Agreement Review. The Contractor reserves the righ t to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 25. Whole Agreement. This Agreement em bodies the entire agreem ent between the parties including all prior unde rstanding and agreem ents, and may not be modified, except in writing, signed by all parties. 6 MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Sue Kotchevar, Office of the A Resolution Authorizing City Officials to City Manager/Finance Transact Banking Business Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Sue Kotchevar, Office of the Resolution Designating Depository City Manager/Finance Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota,be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on the 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Sue Kotchevar, Office of the A Resolution Authorizing use of Facsimile City Manager/Finance Signatures by Public Officials Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED,that the use of facsimile signatures by the following persons: Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Invest City of Eden Prairie Funds Requested Action Move to: Adopt the resolution authorizing th e City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Sue Kotchevar, Office of the A Resolution Authorizing the Treasurer or Deputy City Manager/Finance Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie Requested Action Move to: Adopt the resolution authorizing th e City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash,payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the Adopt A Resolution Authorizing Payment of City Manager/Finance Certain Claims by the Finance Department Without Prior Council Approval Requested Action Move to: Adopt a resolution authorizing pa yment of certain claim s by the Finance Department without prior Council approval. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Program med Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Resolution Designating the Official Office of City Manager Meeting Dates, Time and Location for Board and Commission Meetings in 2014 Requested Action Move to: Approve Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2014. Synopsis The schedule of regular meetings for the City's Boards and Commissions is established by the City Council on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2014 BE IT RESOLVED,that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesotaas scheduled below. The Human Rights and Diversity Commission will meet at the EP Center Mall, Housing and Hum an Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduledmeeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Appeal and Equalization Thursday,April 24, and Tuesday,May 13 Conservation Commission 2nd Tuesday Flying Cloud Airport Advisory Commission Quarterly(2nd Thursday of January,April,July& October) Heritage Preservation Commission 3rd Monday(January&February—4th Monday) Human Rights&Diversity Commission 2nd Thursday(no meeting in July or August) Parks,Recreation&Natural Resources 1st Monday(2nd Monday of September) Commission Planning Commission 2nd and 4th Mondays(No meeting the 4th Monday of May and December) ADOPTED by the Eden Prairie City Council this 7th day of January 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Community Development/Planning Move MN Transportation Campaign Janet Jeremiah/David Lindahl Resolution Requested Action Move to: Adopt resolution supporting the MoveMN transportation campaign. Synopsis The 1-494 Corridor Commission is asking all five of its member cities to adopt the attached resolution supporting the MoveMN transportation campaign which involves: • Supporting efforts for a new state-wide comprehensive transportation funding package to address Minnesota's $50 billion transportation deficit. • Recognizing that transportation investments provide benefits beyond new infrastructure, but also create jobs, build economic competitiveness, and improve the quality of life for all Minnesotans by enabling the state to properly maintain and improve transportation assets that expand access and opportunity for all. • Affirms that to be effective, the new state-wide transportation funding package must be: • Comprehensive, including funding for road s, highways, transit, bicycle and pedestrian facilities throughout Minnesota. • Balanced across transpo rtation modes and between Greater Minnesota and the Twin Cities Metropolitan Area, serving all Minnesotans equitably. • Sustainable, including long-term solutions that will grow w ith the economy to meet the states growing transportation needs. • Dedicated to transportation. Background Information Eden Prairie has been a member of the I-494 Corridor Commission since 1986 and Councilmember Aho is the current Chair and David Lindahl is the staff appointee. MoveMN is a new initiative aimed at getting the State of Minnesota to commit to a long term funding package for transportation. Attachments Resolution Article about MoveMN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION FOR SUPPORT OF THE MOVE MN CAMPAIGN WHEREAS, the City of Eden Prairie supports efforts for a new state-wide comprehensive transportation funding package to address Minnesota's $50 billion transportation deficit; and WHEREAS, the City of Eden Prairie agrees that transportation investments provide benefits beyond new infrastructure,but also create jobs, build economic competitiveness, and improve the quality of life for all Minnesotans by enabling the state to properly maintain and improve transportation assets that expand access and opportunity for all; and WHEREAS, the City of Eden Prairie affirm s that to be effective, the new state-w ide transportation funding package must be: • Comprehensive, including funding for road s, highways, transit, bicycle and pedestrian facilities throughout Minnesota. • Balanced across transpo rtation modes and between Greater Minnesota and the Twin Cities Metropolitan Area, serving all Minnesotans equitably. • Sustainable, including long-term solutions that will grow w ith the economy to meet the states growing transportation needs. • Dedicated to transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the C ity Council of the City of Eden Prairie hereby supports the Move MN Campaign. Adopted by the City Council of the City of Eden Prairie, Minnesota this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk MoveMN coalition leading a new political drive for better roads, bridges, transit By Marlys Harris 112/03/13-Courtesy of MnDOT The Transportation Funding Advisory Committee has declared that the state would need$21 billion over the next 20 years merely to maintain the roads and bridges it has. The two sides are usually at each other's throats.Proponents of roads and bridges on the one hand argue that unless Minnesota invests billions,our aging transportation infrastructure will deteriorate to yak paths in rural Mongolia. In contrast,transit advocates say that we need to build trains,light rail,buses and other efficient people-moving systems;if we don't,our roads will become more clogged than a heart patient's arteries and our skies as dirty as Ulaanbaatar's. (That's the capital of Mongolia and the world's second-most polluted city,according to the World Health Organization.) Obviously,I exaggerate.Still,in a December 2012 report,the Transportation Funding Advisory Committee appointed by the governor declared that the state would need$21 billion over the next 20 years merely to maintain the roads and bridges it has and$5o billion to create a"world-class"system,including transit in the Twin Cities and in Greater Minnesota. Those are daunting numbers,and the dual claims of road and transit advocates on public funds often end in stalemate.In the 2013 legislative session,the two groups came ever so close to getting what they both wanted in one big package. But when Gov.Mark Dayton refused to raise the gas tax,the primary means of financing highways,a seven-county sales tax that would have funded light rail in the Twin Cities also got left in the ditch.Ergo,Minnesota was left without the dough to fix the falling-down bridges and roads full of potholes and not enough money to unfetter the federal aid needed for mass transit. Now,however,a below-the-radar coalition has formed to make sure that doesn't happen again.Called MoveMN and made up of 71(and counting)interest groups,it has been quietly hammering out its own comprehensive transportation agenda complete with funding plans since last summer. "It's about 85 percent there,"says Darin Broton,spokesman for the group and an account director with Tunheim, a public relations firm.Once what he calls"our dark process"concludes("dark,"because it's not exactly happening in public view),the group will promote its proposals to the Legislature during its 2014 session and, they hope,get them adopted. A shotgun marriage Who's in this group?Normally,I would send you to the website,but there's really nothing there yet except a link to its Facebook page,which doesn't have much posted either.The major partnership is what one person described as a"shotgun marriage"between: 1)The Minnesota Transportation Alliance,itself a coalition of construction and engineering firms as well as county and city governments whose mission,according to its website,is to increase funding for"state highways, local bridges,local roads,major transit ways and local transit systems,ports and waterways and airports"and 2)Transit for a Stronger Economy,a coalition of 5o community groups in the Twin Cities pushing for mass transit. Other key players:Transit for Livable Communities,Associated General Contractors,AFSCME and groups representing what Broton calls"the bike/walk community." Business interests also are lining up. "The Minneapolis Chamber of Commerce is on board,"he adds. "We're hoping the St.Paul Chamber will join too." Also included are a few other groups that wouldn't seem to have any particular interest in transportation—the Lao Assistance Center,Summit Academy and the Minnesota Chapter of the American Heart Association. What could such disparate groups possibly agree on? Right now,that's unclear since nobody's saying—although Broton contends, "We've found more that unites than divides us."Another member sitting on MoveMN's steering committee says that debate continues over: • Funding mechanisms.Should there be an increased gas tax or a gross receipts tax on oil(which would rise with inflation)? • Distribution of resources.How much should Greater Minnesota get,compared with the Twin Cities,and to what degree do roadways need to be added to,rather than merely repaired and maintained,considering that the number of vehicle miles traveled in Minnesota(and nationwide)has remained static for the past 10 years? According to the group's one-page manifesto,any funding has to be"long-term and sustainable."Bonding and borrowing that are subject to legislative whim don't fall in either category. A two-pronged effort The impetus for MoveMN came at least partly from Ann Mulholland,vice president of grants and program at Minnesota Philanthropy Partners,a network of foundations that includes the St.Paul Foundation and the Minnesota Community Foundation. To make a long story short,they had become involved in making sure that people living near the Central Corridor LRT line benefitted economically from the public's$1 billion investment;that evolved into a desire to make sure that future transportation funding was equitable and led to more jobs and economic vitality.After the failure of the transportation package in the 2013 session,says Mulholland,"we wanted to see what we could do to carry it over the line in 2014." The effort is two-pronged.The foundations have contributed about$400,00o for what sounds like a rather goody- two-shoes outreach program to educate the public on the importance of transportation to the economy, particularly its significance in job creation.That's still in the planning stages.Part of that funding,however,has already gone to underwrite focus groups of citizens who've been asked their opinions on improving highways, building mass transit and paying taxes to finance them. Information they've provided may inform the second part of MoveMN's campaign:the development of its agenda and its lobbying in the state Legislature.(Other funds for lobbying are coming from coalition members.) A short session This highly muscular approach still may not be strong enough to overcome the seasonal political tides.The 2014 legislative session is a short one,kicking off at the end of February.For the House and the governor,it's an election year,and lawmakers facing constituents may have little appetite for a new round of tax increases.Last year's$2.1 billion hike fell most heavily on smokers and on high-income Minnesotans. But a mechanism to fund transportation permanently—a sales tax,a gas tax,a mileage tax or some combination—would have a much more widespread impact.And,results from those focus groups have shown little enthusiasm for paying it. Mulholland points out that when people are asked flat out if they want to pay more taxes for anything,they're unlikely to say"yes."But she insists that when they're educated on the importance of access to jobs,training, housing and education,they're more willing to listen."I'm hopeful,"she says."Very hopeful." And the focus groups have turned up some interesting information.People in Rochester want a rail line to the Twin Cities,and folks in Itasca are interested in transit.Who knew? Broton believes that if the coalition can win over the business community and some Republican votes,MoveMN's agenda has a shot.The DFL majorities are likely to be on board. "People who came into office in 2012 feel they were elected to solve CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5845 ITEM NO.: VIII.K. Mary Krause Approve Professional Services Agreement with Public Works/Engineering HTPO for Construction Services for Olympic Hills Golf Course Stormwater Pond Sediment Removal Project Requested Action Move to: Approve Professional Services Agreement for construction services from HTPO in the estimated amount of$22,800. Synopsis This agreement provides for the construction services including surveying, contract administration and inspection for the Olympic Hills Golf Course Stormwater Pond Sediment Removal Project. Background Information The contract for this project was awarded by City Council on December 3, 2013 to North Metro Asphalt& Contracting in the amount of$134,605. The project consists of excavating sediment that has accumulated in an existing pond located within the Olympic Hills Golf Course. The work is anticipated to begin in January with the project completed by June, 2014. Attachment Professional Services Agreement and Exhibit A - HTPO Proposal for Construction Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Olympic Hills Golf Course Stormwater Pond Sediment Removal 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 ( proposal letter dated November 25, 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 December 3, 2013 through January 31, 2015 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 22,800 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. 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Adam Pawelk to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the 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 and Data Practices. 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 Agreement. 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 herein. 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 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. Standard Agreement for Professional Services Page 3 of 8 • b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. 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 Standard Agreement for Professional Services Page 5 of 8 Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. 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. 15. 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. 16. 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. 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. 17. Mediation. Each dispute, claim or controversy arising from or related to 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Standard Agreement for Professional Services Page 7 of 8 ,hi it /72 i J Engineering Surveying Landscape Architecture November 25,2013 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Olympic Hills Golf Course Stormwater Pond Sediment Removal Dear Leslie, As requested,the following estimate for civil engineering and surveying services is provided for your consideration for sediment removal within the golf course pond. Estimate Scope of Service $2,700.00 Construction Documents. Includes preparation of Stormwater Pollution Prevention Plan(SWPPP),specification and plan revisions,and MPCA Stormwater permit application which was added to the project due to negotiations with the golf course. $18,700.00 Construction administration, staking, and inspection. Assumes construction will take place in the winter of 2013/14. Includes 72 hours of inspection time and as-built verification of pond bottom. $1,400.00 Reimbursables.Includes MPCA Stormwater permit fee. 7510 Market Place Drive Eden Prairie, MN 55344 $22,800.00 TOTAL 952-829-0700 952-829-7806 fax www.htpo.com HANSEN.THORP PELLINEN OLSOI 11 I Engineering • Surveying HOURLY BUDGET & SCHEDULE 9 9 Y 9 i") Landscape Architecture Project Olympic Hills Sediment Removal Client City of Eden Prairie Date 11/25/2013 Job No. 13-047 HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 250 CONSTRUCTION PLANS Proposed Fee SWPPP 2 Eng II 102 204 $400 Check/Supervision 1 Eng V 151 151 Billable Total $355 250 SPECIFICATIONS Proposed Fee SWPPP 8 Eng II 102 816 $1,200 Check/Supervision 2 Eng V 151 302 Billable Total $1,118 250 PERMITS Proposed Fee MPCA Stormwater 4 Eng II 102 408 $700 MPCA Modification Form 2:Eng II 106 212 Billable Total $620 490 BID ADMINISTRATION Proposed Fee Addendums 2 Eng II 102 204 $400 Check/Supervision 1 Eng V 151 151 Billable Total $355 500 CONSTRUCTION ADMINISTRATION Proposed Fee Contracts 2 Eng II 102 204 $5,500 Communications/coordination 8 Eng II/Tech IV 109 872 Preconstruction Meeting&Prep 8 Eng II/Tech IV 105 840 Pay Requests 8 Tech IV 112 896 Final Paperwork 8 Tech IV 112 896 Asbuilt Documents 8 Eng II 106 848 Inspector Review 2 Tech IV 112 224 Supervision 4 Eng V 157 628 Billable Total $5,408 550 CONSTRUCTION OBSERVATION Proposed Fee Field 72 Tech IV 112 8,064 $8,100 Billable Total $8,064 600 CONSTRUCTION STAKING Proposed Fee Construction Limits 4 Crew 170 680 $5,100 Pond Grades 8 Crew 170 1,360 Verify Pond Bottom Elevations 24 Sury II 106 2,544 Office Setup/Coordination 2 Sury II 106 212 Supervision 2 Sury II 106 212 Billable Total - $5,008 Expenses &Reimbursables $1,400 $22,800 Project Total Olympic Hills Sediment Removal Budget Planner-Construction Phgsage 1 of 1 11/25/2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5825 ITEM NO.: VIII.L. Leslie Stovring Award Contract for Pond 22-13-B Upgrade Public Works/Engineering Requested Action Move to: Award Contract for the Pond 22-13-B Pond Upgrade Project to Blackstone Contractors in the amount of$72,280. Synopsis Quotes were received on Thursday, October 17, 2013 to upgrade Pond 22-13-B by adding an iron- enhanced sand filter for i mproved stormwater treatment. The cost of the project will be paid out of the stormwater utility fund. The engineering estimate was $76,820. Seven quotes were received and are tabulated as follows: Blackstone Contractors $72,280 Dunaway Construction $86,410 Minnesota Dirtworks $98,449 Sunram Construction $107,570 Rachel Contracting $137,062 Standard Contracting $149,261 G.F. Jedlicki $167,030 Background Information The City of Eden Prairie and the Riley Purgatory Bluff Creek Watershed District are jointly developing and implementing a restoration plan fo r Staring Lake that includes nutrient reductions and biomanipulation (carp m anagement). In September 2012 the City applied for a CWF Grant through a Competitive Grants Program that is b eing managed by the Minnesota Board of Water & Soil Resources (BWSR). We were approved for the grant in Decem ber 2012 in the am ount of $53,025. Wenck Associates was hired to design and help manage the project. In addition,we hav e received a cost-share grant from Hennepin County for an additional $25,000. Iron-enhanced filtration benches (IEFB) are a rela tively new storm water treatment practice that is showing good promise in becoming a tool to help improve water quality. Data from the University of Minnesota shows tha t IEFB can be very effective at rem oving dissolved phosp horns from stormwater that is flowing through a pond. The expected life for the IEFB is from 10 to 25 y ears, depending on the am ount of phosphorus within the stormwater and the groundwater conditions on site. The work is expected to be completed this winter, during frozen conditions. Attachments Attachment 1 —Form of Contract Attachment 2—Quote Tab Attachment 3 —Letter of Recommendation FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title Wencl< Pond 22-13-B Water Quality Improvements Eden Prairie BLACKSTONE DUNAWAY MN DIRTWORKS SUNRAM RACHEL STANDARD JEDLICKI Line No. Base Bid Item Units Quantity Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total Unit Pdce Sub Total Unit Pdce Sub Total Unit Price Sub Total Unit Price Sub Total 1 Moblllzation/Demobillzation LS 1 $10,000 00 $10,000 00 $7,500 00 $7,500 00 $4,900 00 I $4,900 00 $5,125.00 $5,125.00 $20,000.00 $20,000.00 I $11,575 00 $11,575 00 $8,200 00 I $8,200 00 2 Dewatenng LS 1 $5,500.00 $5,500.00 $5,000.00 $5,000.00 $9,450.00 $9,45000 $3,500.00 $3,500.00 $10,900.00 $10,900.00 $14,000.00 $14,000.00 $8,300.00 $8,300.00 3 Traffic Control L$ 1 $750.00 $750.00 1 $1,500.00 1 $1,500.00 $500.00 $500.00 $500.00 $500.00 $596.00 $596.00 $575.00 $575.00 $2,150.00 $2,150.00 4 Inlet Protection EA 4 $100.00 $400.00 1 $250.00 $1,000.00 $350.00 $1,400.00 $175.00 $700.00 $146.00 $584.00 $200.00 $800.00 $200.00 $800.00 5 Compost Filter Log LF 500 $9.00 $4,500.00 $5.00 $2,500.00 $3.75 $1,875.00 $4.00 $2,000.00 $5.00 $2,500.00 $2.75 $1,375.00 $10.00 $5,000.00 6 Street Sweeper with Pickup Broom HR 5 $100.00 $500.00 $200.00 $1,000.00 $125.00 $625.00 $175.00 $875.00 $140.00 $700.00 $135.00 $675.00 $50.00 $250.00 7 Clearing and Grubbing SY 700 _ $8.00 $5,600.00 $4.00 $2,800.00 $8.00 $5,600.00 $4.50 $3,150.00 $2.70 $1,890.00 $1.25 $875.00 $10.00 $7,000.00 8 Temporary Construction Entrance EA 1 $750.00 $750.00 $1,800.00 $1,800.00 $1,100.00 $1,100.00 $1,200.00 $1,200.00 $1,088.00 $1,088.00 $1,250.00 $1,250.00 $1,500.00 $1,500.00 9 Excavation and Haul of Level 1 Sediment CY 1,000 $17.75 $17,750.00 $20.00 $20,000.00 $23.60 $23,600.00 $31.45 $31,450.00 $33.00 $33,000.00 $64.00 $64,000.00 $47.00 $47,000.00 10 Site Grading LS 1 $1,200.00 $1,200.00 $3,500.00 1 $3,500.00 $4,820.00 $4,820.00 $2,800.00 $2,800.00 $2,775.00 $2,775.00 $2,775.00 $2,775.00 $4,370.00 $4,370.00 11 6"Solid HDPE Pipe LF 83 $10.00 $830.00 $20.00 $1,660.00 $17.35 $1,440.05 $45.00 $3,735.00 $88.00 $7,304.00 $57.00 $4,731.00 $95.00 $7,885.00 12 Weir Wall LS 1 $1,250.00 $1,250.00 $1,000.00 $1,000.00 $2,825.00 $2,825.00 $2,100.00 $2,100.00 $4,870.00 $4,870.00 $3,975.00 $3,975.00 $5,800.00 $5,800.00 13 Iron Enhanced Sand Filter Bench(Per Spec) LF 325 $60.00 $19,500.00 $100.00 $32,500.00 $110.75 $35,993.75 $141.00 $45,825.00 $137.00 $44,525.00 $98.00 $31,850.00 $195.00 $63,375.00 14 Erosion Control Blanket SY 1,700 $1.50 $2,550.00 $1.50 $2,550.00 $1.35 $2,295.00 $1.45 $2,465.00 $2.40 $4,080.00 $2.75 $4,675.00 $3.00 $5,100.00 15 Seed(MN State Mix 35.241) Pounds 15 $30.00 $450.00 $70.00 $1,050.00 $60.00 $900.00 $80.00 $1,200.00 $60.00 $900.00 $167.00 $2,505.00 $10.00 $150.00 16 Reseed in June 2014(MN State Mix 35-241) Pounds 15 $50.00 $750.00 $70.00 $1,050.00 $75.00 $1,125.00 $63.00 $945.00 $90.00 $1,350.00 $175.00 $2,625.00 $10.00 $150.00 TOTAL BASE BID Total $72,280.00 Total $86,410.00 Total $98,448.80 Total $107,570.00 Total $137,062.00 Total $148,261.00 Total $167,030.00 T:\0094 Eden Prairie\33 Pond 22-13-8\03 Project Bidding\Bid Results.xls 10/18/2013 Wenck Associates,Inc. �• I802 Wooddale Drive -�`• \A/enck since 1ao Woodbury,MN 55125-2937 Engineers • Scientists (551)294-458G Fax Business Professionals weckmp651) wenc9 wenckmp[tiwenck.mm www.wenck.com December 31, 2013 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Pond 22-13-B Water Quality Improvement Project Ms. Storving: The City of Eden Prairie proposes to improve the pollutant removal capacity of Pond 22-13-B by excavating accumulated sediment and constructing an iron-enhanced filtration bench.The pond is located northeast of Staring Lake, east of Purgatory Creek,and south of Staring Lake Parkway. The pond discharges to Purgatory Creek approximately 1,000 feet north of Staring Lake. On behalf of the City,Wenck issued a request for quotes on October 4, 2013.The City received quotes from seven contractors on October 17, 2013. Blackstone Contractors, LLC was the low bidder at $72,280.00,and the Engineer's Estimate was $76,820.00. Wenck has reviewed their quote and recommends the City enter into a contract with Blackstone Contractors, LLC to complete the project as designed in the plans and specifications. Sincerely, WENCK ASSOCIATES,INC. Todd Shoemaker, PE, CFM Water Resources Engineer T\0994 Eden Prairie\3a Pond 22-13-13\03 Project Bidding\L-Stovrng,Leslie re Pond 22-13-P Recornmendapon doss CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 Adopt ITEM NO.: VIII.M. Resolution Approving Construction Carter Schulze Cooperative Agreement for the southern Public Works/Engineering segment of the Shady Oak Road Improvements Requested Action Move to: Adopt resolution approving Construction Cooperative Agreement No. PW 29-49- 13 with Hennepin County for the southern segment of the Shady Oak Road Improvements Synopsis This Construction Cooperative Agreement defines the financial and maintenance responsibilities associated with the Shady Oak Road (CSAH 61) Improvements. Background Information The Construction Cooperative Agreement details the responsibilities of the City of Eden Prairie and Hennepin County in implementing and maintaining the southern segment of the Shady Oak Road Improvements. In regards to maintenance responsibilities, the Agreem ent is consistent with other similar agreements that have been previously approved w ith Hennepin County. In addition, the Agreement provides for $5,000,000 in cost participation from Hennepin County. The southern segment of the Shady Road Im provements will provide additional capacity along Shady Oak Road and includes the widening a nd reconstruction of Sh ady Oak Road from approximately 850 feet north of Rowland Road to south of the Flying Cloud Drive intersection including the Hwy 212 interchang e. The proposed project will add turn lan es, trails and a median along Shady Oak Road. In addition, new traffic signals will be provided at the City West Parkway (Bryant Lake Dr), Highway 212 nor th and south ram p and Flying Cloud Drive intersections. Construction on this phase is an ticipated to begin in the summer of 2014 and extend through 2015. Attachments Resolution Construction Cooperative Agreement No. PW 29-49-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie is prep aring construction plans for the construction of Shady Oak Road(CSAH 61) from approximately 850 feet north of Rowland Road to 600 feet east of Flying Cloud Drive; and WHEREAS, the construction plans are consistent with the approved layout; and WHEREAS, a Construction Cooperative Agreem ent has been prepared by Hennepin County which identifies the m aintenance and financial obligations fo r the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie C ity Council that said Construction Cooperative Agreem ent No. PW 29-49-13 for County Project No. 1125 (City Project 11-5800) 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 January 7, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No. PW 29-49-13 County Project No. 1125 County State Aid Highway No. 61 City of Eden Prairie County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT,made and entered into this day of , 20 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 United Health Group (UHG) is building a 1,500,000 square foot development on 72 acres along County State Aid Highway No. (CSAH) 61 (Shady Oak Road) south of Trunk Highway (TH) 62 and north of City West Parkway in the City of Eden Prairie; and WHEREAS,the proposed UHG development will house approximately 6,700 employees and will significantly increase the amount of daily traffic in the area; and WHEREAS, in order to provide the necessary public infrastructure improvement required by the construction of the above mentioned UHG development,the City,the County and the Minnesota Department of Transportation(MnDOT)have been working together to make transportation system improvements along the County State Aid Highway No. (CSAH)61 (Shady Oak Road) corridor, and at its intersection with Trunk Highway 212 (Flying Cloud Drive); and WHEREAS,the City, in consultation with the County,has hired the consultant firm of SRF Consulting Group Inc. (SRF) to perform preliminary and detail design for the reconstruction of CSAH 61 from south of Trunk Highway 212 to north of Rowland Road as shown in the plans for City Project No. 11-5800 (County Project No. 1125; State Project No. 2763-49; State Aid Project No. 027-661-050; State Aid Project No. 181-106-004; State Aid Project No. 181-020-030), and hereinafter referred to as the Project; and WHEREAS,the City shall be responsible to develop the plans and specifications for the Project and has requested that the County approve said plans and specifications; and WHEREAS,the County has indicated its willingness to approve said plans and specifications; and - 1 - wt- Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 WHEREAS,the City shall be responsible for all right of way acquisition required for construction of the Project; and WHEREAS,the City and the County desire to establish the terms and conditions by which the right of way and easements required for the Project are to be acquired, and the manner and means by which private utilities located within County right of way are to be relocated as needed to construct the Project; and WHEREAS, it is anticipated that construction of the Project will start in 2014; and WHEREAS,the City or its agents will be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as-builts required on the Project; and WHEREAS,the City has requested County participation in the costs to acquire right of way, design and construct the Project; and WHEREAS,the County desires to participate in the costs of the Project; and WHEREAS, included in the Project is the installation of permanent traffic control signal systems at the intersections of CSAH 61 at City West Parkway/Bryant Lake Drive, CSAH 61 at TH 212 West Ramp, CSAH 61 at TH 212 East Ramp, and Shady Oak Road at Flying Cloud Drive; and WHEREAS,the maintenance and operation of the above mentioned traffic control signal systems will be covered in separate agreements between the City,County and the State of Minnesota; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City shall be responsible for the acquisition of all new rights of way,permanent easements, and temporary easements required for the construction the Project. It is hereby understood that the phrase "responsible for the acquisition of'as used in this Agreement shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the right to use the subject properties for the purposes set forth in this Agreement. -2 - \i\l`- Agreement No. PW 29-49-13 CSAH 61,_C.P. 1125 Said rights may be obtained by,but are not limited to, direct purchase, dedication, donation, or eminent domain. All new right of way,permanent easements, and temporary easements acquired by the City to construct the Project must meet the approval of the Administrative Manager for the County's Land Acquisition Group or designated representative prior to being incorporated into the plans for the Project. Upon completion of the Project,all permanent right of way acquired for CSAH 61 as provided herein shall be conveyed to the County by the City. Said conveyance shall be within one year after completion of the Project. II The City and the County recognize that in order to carry out the joint project work, the facilities of one or more private utilities in the Project area rights-of-way (ROW)will need to be relocated due to interference with the means and methods the City and/or the County has selected to carry out the Project work. The City acknowledges that the County is the primary ROW manager of CSAH 61 within the Project. The County acknowledges that the City has an interest in the management of the County ROW within the Project boundaries and may be required to exercise certain rights in the ROW to carry out the Project work. Accordingly,the County hereby authorizes and delegates to the City any and all ROW management authority that the City deems necessary to carry out the Project work, including but not limited to, the right to require private utilities to relocate their facilities. Prior to the City's exercise of this right,the City shall provide the County twenty-four(24)hours written.notice of the City's intended exercise of such a right, including,but not limited to, a description of the scope, duration, and object of the City action. The County further reserves the right to withdraw this delegation at any time or carry out the County's ROW management rights concurrently with the City. The County and City agree that each will cooperate with the other to carry out the intended purposes of the Project and the County will act in ROW management matters to further those purposes as reasonably requested by the City. If any portion of this provision is deemed unenforceable, all surviving provisions will remain in full force and effect. Nothing herein is intended to limit the authority of the City or the County under Minnesota law to manage ROW in which they have an interest. III The City or its agents shall prepare the necessary plans, specifications and proposals; shall advertise for bids for the construction; receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The contract will include plans and specifications approved by the County and by the Minnesota Department of Transportation Division of State Aid for Local Transportation, also referenced and - 3 - . �� Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 identified State Aid Project No. 027-661-050, State Aid Project No. 181-106-004, State Aid Project No. 181-020-030 and State Project No. 2763-49 respectively, and which said plans and specifications are by this reference made a part hereof. The City shall also apply for, and comply with, at its sole cost and expense, all permits and approvals from all other governmental or regulatory agencies as may be required to accomplish the Project., Said permits and approvals shall be obtained prior to start of any construction. Copies of said permits shall be given to the County Engineer or designated representative prior to the start of construction activities. IV The City or its agents will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the County Engineer or designee shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City's Project Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The County agrees that the City may make changes in the aforereferenced 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 County will participate in the right of way, construction and engineering costs for the Project. It is understood by the City that the County intends to use County State Aid funds to reimburse the City for the County's share of the Project costs. It is further understood and agreed by the City that the County's cost participation must be eligible for County State Aid funding and that the County's contribution to the Project's costs must be for right of way, construction and engineering that benefits CSAH 61. The City will to the extent possible first apply the County's contribution to right of way acquisition, then construction costs and lastly engineering. Accordingly, it is understood and agreed that the County reserves the right not to make payment to the City for its share of the costs for the Project if any action or inaction of the City causes - 4 - V�1 I Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 MnDOT's State Aid Engineer to determine that the County's costs are not eligible for State Aid funding. The County's cost participation shall be a lump sum amount of Five Million Dollars and No Cents ($5,000,000.00). The City understands and agrees that the County's total and only cost participation for the Project shall be $5,000,000.00. The City shall submit an invoice for one hundred percent (100%) of the County's share of the costs for the Project. The City understands and agrees that submittal of said invoice shall be after an award of a construction contract by the City to the successful bidder for the Project and after January 2, 2015. The City further understands and agrees that said invoice shall include a summary of all Project costs and revenue sources. Upon approval of said invoice, and attached Project costs and revenue summary,the County will within forty five (45) days, deposit with the City funds totaling the amount of the invoice. VI The City also agrees that any contract let by the City or its agents for the performance of the work included in the Project as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County and 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 - 5 - WN— Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 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 4. Professional Liability—Per Claim $1,500,000 Aggregate $2,000,000 It understood and agreed by the parties hereto that the above listed Professional Liability insurance will not be required in any construction contract let by City if the City's Contractor is not required to perform design engineering as part of said construction contract. 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 may be 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. VII It is understood and agreed that upon completion of any and all improvements proposed herein, all street lighting, water distribution system components, sanitary sewer, concrete sidewalk, bituminous walks and trails, concrete driveway, benches, landscaping and associated landscaping structures, fencing and all municipal street construction included in said improvement shall be the property of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. - 6 - �J�l Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 It is further understood and agreed that upon completion of the project the City, at its sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing constructed as a part of the Project. In the event, at any time in the future,that the retaining walls constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty(50)percent of the costs of rehabilitation and/or replacement for said retaining walls and/or integral retaining wall fencing. Upon completion of the Project the County shall, at its own cost and expense,retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal "streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, manholes and drainage ponds shall become the property of the City or MnDOT, and shall be maintained by the City or MnDOT. In the event, at any time in the future, the storm water trunk lines constructed as part of this Project are reconditioned and/or replaced,the costs of reconditioning and/or replacement shall be apportioned between the County and the City by contributing flow. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The City hereby agrees that the City shall be responsible for the removal of any snow including that placed on the sidewalks and/or pedestrian/bicycle paths as a result of the County's snow removal operations on CSAH 61 within the , limits of the Project. This paragraph is not intended to confer a benefit upon any third party and the City's decision to remove snow from the sidewalks and/or pedestrian/bicycle paths shall be made by the City at its sole discretion pursuant to its policy on removal of snow and ice from sidewalks and/or pedestrian/bicycle paths. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the County's Road and Bridge Operations Division Engineer. VIII The City shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights located on CSAH 61 and included in the Project, at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation for said traffic control signals and integral streetlights, at its sole cost and expense. IX The City shall not revise by addition or deletion, nor alter or adjust any component,part, sequence, or timing of the traffic control signals located on CSAH 61 and included in the Project, - 7 - W\— Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 however, nothing herein shall prohibit prompt,prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. X It is understood that the EVP Systems provided with the traffic control signals located on CSAH 61 and included in the Project, shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 1. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. Upon request, the City will provide the County Engineer or his designated representative a list of all such vehicles with emitter units. 2. Malfunctions'of EVP Systems shall be reported to the County immediately. 3. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County,the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. XI As part of said Project, "No-Parking" signs will be installed as represented in the plans and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on those portions of CSAH 61 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hennepin County Board of Commissioners permitting said modification. It is further agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of said Project. XII 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. - 8 - W�-- Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 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. XIII 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 afore defined City owned 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 afore defined County owned 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. XIV 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. XV It is further agreed that any and all employees of the City and all other persons engaged by the Cityin theperformance of anywork or services required orprovided for herein to beperformed bythe q 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 - 9 - V�l� Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 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. XVI 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. 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. XVII 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. XVIII The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XIX 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) - 10 - �JV� Agreement No. PW 29-49-13 CSAH 61, C.P. 1125 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: Mayor Date: And: Manager Date: 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: Assis ounty Attorney l 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 Highway Engineer Date: Date: - 11 - VN L- CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Rick Wahlen Award Contract to modify the existing Water Public Works/Utilities Treatment Plant generator to comply with EPA RICE NESHAP. Requested Action Move to: Award contract to Allied Genera tors for supplying equipm ent, installation, and commissioning services to m odify the existing Water Treatment Plant generator to comply with the EPA RICE NESHAP standards in the amount of$52,320. Synopsis Multiple quotes were received from Allied Generators and Interstate Power Systems to perform the work and are tabulated as follows: Allied Generators $52,320 Interstate Power Systems $56,950 Background Information In 2010, the EPA officially made the RICE (Reciprocating Internal Combustion Engines) NESHAP ruling, which is intended to reduce generator emissions of toxic air pollutants for generators which were constructed prior to June 2006. Due to the Water Treatment Plant's generator being constructed before June 2006, the EPA requires that it be fitted with emission controls to reduce Carbon Monoxide emissions by 70%. In sense, it needs to be fitted with a catalytic convertor and tested to prove that it meets the national emission standards. May 3, 2104 is the deadline set by the EPA to be in compliance. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Rick Wahlen Approve Construction Contract with E.H. Public Works/Utilities Renner& Sons, Inc. to Service and Upgrade Municipal Wells No. 5 and 12 Requested Action Move to: Approve a contract with E.H. Renner & Sons, Inc.,municipal well drillers,to service the pump equipment in Wells No. 5 and No. 12, install a higher-speed motor (Well 5),new pump (Wells 5 and 12),new pu mping system components as required, and improve the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from four competent regional well drillers for the rehabilitation work at Municipal Well No. 5 (just north of Highway 212) and No. 12 (near the City Complex). The least- cost proposal was offer ed by E.H. Renner& Sons, Inc. Staff r ecommends acceptance of the proposal in the amount of$71,408 to be paid from the water utility fund. Background Information Municipal Well 5 was installed in 198 1, and was operated for many years using a 125 HP motor.As part of a series of upgrades,the 125 HP motor was repl aced with a 75 HP motor and corresponding VFD. While this configuration has sery ed the City adequately for several years, the well h as recently experienced a gradual decline in maximum sustainable yield. The well and associated pumping equipment are no longer capable of g enerating the desired y ield (1400 gpm) during periods of peak dem and. The primary reason for the decline has been the inability of the existing 75 HP motor and pump configuration to maintain pace with aquifer drawdown across the well field, occurring at the rate of between 1-2 feet per year, in addition to well interference from other pum ping wells. This well is scheduled for routine inspection and maintenance services, as well as upgrades to the pump and motor. The existing 35 feet of 10-inch column pipe will be replaced with 12-inch. Electrical upgrades to the well house are planned at a later date as part of a separate project. Municipal Well 12 was in stalled in 1994,has generally maintained a high level of product ivity, and is scheduled for routine inspection and maintenance services. We have already improved the performance of several wells through a process of adding pump capacity, and Well No. 5 and 1 2 are the next wells that stand the most to gain through this upgrade. To evaluate our o ptions for improving the perfor mance of the wells,we consulted with St. Croi x Environmental, Inc.who recommended an economically feasible upgrade,which includes adding addition pipe to deepen the well pum p, installing a higher-RPM electric motor, and installing a la rger, 4-stage higher pressure pump in the well. Attachments Recommendation Letter Proposal Tabulation Sheet �t .Croix Environmental Inc. 6nvnpnrn rt.F h$nyy9r. rl Urn-INW:nq December 26, 2013 Joe Dusek City of Eden Prairie—Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation Project-Wells 05 and 12 Rehabilitation Dear Mr. Dusek: Attached please find the bid tabulation from four independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie. The quotations are for providing well rehabilitation services at Eden Prairie Wells 05 and 12. A total of four pre-qualified drilling firms were invited to provide quotations, and each firm responded. Each drilling firm was provided the recent pump and motor equipment settings, and was allowed the opportunity to visit the well, inspect the existing equipment and evaluate site access conditions. All of the companies provided costs for the same scope of work. The individual cost quotations are summarized on the bid tabulation form. Based upon the results of the proposal process, SCE recommends the City retain the services of E.H. Renner & Sons, Inc. for completion of the project. Upon receiving your authorization to proceed, we'll schedule the well for the recommended repairs and return the wells to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. juL Kevin Miller, PG Principal Consultant Attachments Water Resource Consulting and Management Services BID TABULATION REQUEST FOR QUOTATION WELL REHABILITATION AND UPGRADES CITY WELLS 5 AND 12 CITY OF EDEN PRAIRIE,MINNESOTA RFQ DATED DECEMBER 10,2013 DATE OF QUOTE REVIEW: DECEMBER 26,2013 BIDDER NAME TOTAL QUOTATION E.H.RENNER WELL COMPANY $71,408.00 KEYS WELL DRILLING $71,585.00 BERGERSON-CASWELL,INC. $75,380.00 TRAUT WELLS $92,430.00 E.H. Renner & Sons Incorporated WELL DRILLING FOR FIVE GENERATIONS 15688 Jarvis Street NW*Elk River,Minnesota 55330 Phone(763)427-6100 * Fax(763)427-0533 * Toll Free(800)-409-WELL December 13, 2013 City of Eden Prairie Kevin Miller St. Croix Environmental, Inc. 1094 Golden Oak Drive Hudson, WI 54016 kmiller@stcroixenv.com Subject: Well Inspection and Rehabilitation Service Well No 05 and 12 Re: Quotes Description Qtv Units Price Extension WELL 05 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection (All costs are lump sum) 1 Mobilize/ Demobilize 1 L.S. $ 500.00 $ 500.00 2 Pre-Rehabilitation Inspection and Performance Testing 1 L.S. $ 80.00 $ 80.00 3 Well Motor/Pump Removal and Inspection 1 L.S. $ 2,370.00 $ 2,370.00 4 Downhole Video Inspection 1 L.S. $ 1,450.00 $ 1,450.00 5 Inspection Report and Recommendations 1 L.S. $ 50.00 $ 50.00 TOTAL ESTIMATE PHASE I $ 4,450.00 PHASE II —Well Reassembly and Demonstration Testing (All costs are lump sum) 1 Pump/Motor Reinstallation 1 L.S. $ 2,780.00 $ 2,780.00 2 Well & Pump Disinfection 1 L.S. $ 300.00 $ 300.00 3 Post Rehabilitation Demonstration Testing 1 L.S. $ 120.00 $ 120.00 TOTAL ESTIMATE PHASE II $ 3,200.00 PHASE III - Materials and Supplies (time and materials, quantities estimated) 12" x 10'T&C column section 8 Ea. $ 831.00 $ 6,648.00 12" x 5'T&C column section 1 Ea. $ 583.00 $ 583.00 12" tail pipe 1 Ea. $ 762.00 $ 762.00 Neoprene bearings 19 Ea. $ 25.00 $ 475.00 Recondition Discharge Head/Packing Gland 1 L.S. $ 180.00 $ 180.00 12" Spider bearing retainer 8 Ea. $ 227.00 $ 1,816.00 1" poly water level monitoring tube 200 L.F. $ 2.00 $ 400.00 Shop Labor(estimate) 20 Hrs. $ 75.00 $ 1,500.00 (Clean &straighten line shafting, sand blast&epoxy coat the column assembly) (2) 10' x 1.6875"SS w/spider, poly,T&C shaft sections 2 Ea. $ 719.00 $ 1,438.00 KPSI level transducer and 250' of cable 1 L.S. $ 1,334.00 $ 1,334.00 Replacement Pump (actual model to be determined later) Includes SS Bolts and Collets 1,400Gpm @ 225'TDH, Goulds 12 CHC 4 stage 83.1% eff. 871 1 Ea. $ 6,270.00 $ 6,270.00 Replacement Motor(actual model to be determined later) US Motors Premium Eff. 100 HP RUSI Model DT79 1 Ea. $ 8,224.00 $ 8,224.00 TOTAL ESTIMATE PHASE III $ 29,630.00 WELL 05 TOTAL ESTIMATE (SUM OF PHASES I, II, and III) $ 37,280.00 WELL 12 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection (All costs are lump sum) 1 Mobilize/ Demobilize 1 L.S. $ 500.00 $ 500.00 2 Pre-Rehabilitation Inspection and Performance Testing 1 L.S. $ 80.00 $ 80.00 3 Well Motor/Pump Removal and Inspection 1 L.S. $ 8,870.00 $ 8,870.00 4 Downhole Video Inspection 1 L.S. $ 1,450.00 $ 1,450.00 5 Inspection Report and Recommendations 1 L.S. $ 50.00 $ 50.00 TOTAL ESTIMATE PHASE I $ 10,950.00 PHASE II—Well Reassembly and Demonstration Testing (All costs are lump sum) 1 Pump/Motor Reinstallation 1 L.S. $ 9,080.00 $ 9,080.00 2 Well & Pump Disinfection 1 L.S. $ 300.00 $ 300.00 3 Post Rehabilitation Demonstration Testing 1 L.S. $ 120.00 $ 120.00 TOTAL ESTIMATE PHASE II $ 9,500.00 PHASE III Materials and Supplies (time and materials, quantities estimated) 12" x 10'T&C column section 8 Ea. $ 831.00 $ 6,648.00 12" x 5'T&C column section 1 Ea. $ 583.00 $ 583.00 12" tail pipe 1 Ea. $ 762.00 $ 762.00 Neoprene bearings 19 Ea. $ 25.00 $ 475.00 Recondition Discharge Head/Packing Gland 1 Ea. $ 180.00 $ 180.00 12" Spider bearing retainer 8 Ea. $ 227.00 $ 1,816.00 1" poly water level monitoring tube 200 L.F. $ 2.00 $ 400.00 Shop Labor(estimate) 20 Hrs. $ 75.00 $ 1,500.00 (Clean &straighten line shafting, sand blast&epoxy coat the column assembly) KPSI level transducer and 250' of cable 1 L.S. $ 1,334.00 $ 1,334.00 TOTAL ESTIMATE PHASE III $ 13,698.00 WELL 12 TOTAL ESTIMATE (SUM OF PHASES I, II, and III $ 34,148.00 Invoices will be based on actual amount required and approved. If you need additional information or have questions, I can be contacted at my office 763-390-8206 or on my cell phone at 651-755-3200. Sincerely Jerry Aljets Project Manager E.H. Renner&Sons, Inc. Keys Well Drilling Company -< "Water Producers since 1890" 1€ 12/20/2013 Kevin Miller St.Croix Environmental 1094 Golden Oaks Drive Hudson,WI 54016 Re: Eden Prairie—RFQ for Well Rehab Keys Well Drilling Co. understands and accepts the scope of work and conditions put forth by St. Croix Environmental on behalf of the City of Eden Prairie for the 2014 Well Rehabilitation Project. We acknowledge and have reviewed the city of Eden Prairie's General Conditions and the proposed work schedule. Included you will find two cost schedules, one for well#5 and one for well# 12. We cannot propose any alternatives at this time as we will not know the extent of repairs needed until the pump components have been removed and inspected. At that time,we will provide a recommendation for the repairs to return each system their normal operating ranges, including repairs not included in the cost schedule provided. Below is a list of labor& material costs for items not covered under the cost schedule provided. Pump Rig (2 guys) -$220 per hr Well Development-$250 per hr Crane Rental -$225 per hr Motor Repairs—Cost(including usage tax) + 10% Materials—Cost(including usage tax) +25% Bowl Bearing-$160 per bearing Wear Ring-300 per Stage Bowl Shaft/Head Shaft-$400 Each Thank you for the opportunity to quote this project. Regards, Nick Keys 1156 Homer Street, St.Paul MN 55116-3232 Phone-(651)646-7871 Fax-(651)641-0216 keyswell.com 11,LDD REQUEST FOR QUOTATION —DECEMBER 10, 2013 The City will not be responsible for any expense incurred by the Contractor in preparing or submitting its proposal. The City reserves the right to reject any and all proposals and to waive any irregularities in a proposal. Questions concerning this request for proposal should be directed to Kevin Miller, Principal Consultant, St. Croix Environmental, Inc. at kmiller(c�stcroixenv.com. Insurance No Contractor or Subcontractor shall commence work under this project until he has obtained, at his own cost and expense, all insurance required herein. All insurance coverage is subject to approval of the City and shall be maintained by the Contractor for the full term of the project including any guarantee period. The Contractor shall be responsible for the compliance of subcontractors with these insurance requirements. All insurance shall be an occurrence basis form only. Format of Project Cost Proposal Costs for the outlined scope of services should be provided in the following format. WELL 05 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) ao� Phase I-Item 1) Mobilize/Demobilize $ 79-00 Phase I-Item 2) Pre-Rehabilitation Inspection and Performance Testing $ 3C�� Phase I-Item 3) Well Motor/Pump Removal and Inspection $ Phase I-Item 4) Downhole Video Inspection $ 11UUo°° Phase I-Item 5) Inspection Report and Recommendations $ — TOTAL ESTIMATE PHASE I $ 1a,6(.4-)e's— PHASE II—Well Reassembly and Demonstration Testing(All costs are lump sum) Phase II-Item 1) Pump/Motor Re-Installation $ 31500w Phase II-Item 2) Well& Pump Disinfection $ Phase II-Item 3) Post-Rehabilitation Demonstration Testing $ TOTAL ESTIMATE PHASE II $ 3f'1(.0 PHASE III-Materials and Supplies(time and materials,quantities estimated) vo— (8) 12"x 10'T&C column section @ $ 650 /each $ 55,aC]b (1) 12"x 5'T&C column section @ $ `150 /each $ '150G6 (1) 12"tail pipe @ $ 550 /each $ (19)Neoprene bearings @ $ 3.5 /each $ iIs6°Recondition Discharge Head/Packing Gland $ (Gt... /each $ l(,d°b— (8) 12"Spider bearing retainer @ $ OS /each $ 1/11(It 200'of 1" poly water level monitoring tube $ t leach FT $ Shop Labor(estimate) '-10 hours $ 6O /hour $ 3racio''"'-- (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) (2) 10'x 1.6875"SS w/spider,poly,T&C shaft sections $l,too /each $ Pl c)c KPSI level transducer and 250'of cable $ Ira?5°6."--- Replacement Pump(actual model to be determined later) 1,400Gpm @ 225'TDH,Goulds 12 CHC 4 stage 83.1%eff.87BHp $ 616c,a°C— Replacement Motor(actual model to be determined later) US Motors Premium Eff. 100 HP RUSI Model DT79 $ -17266 0 TOTAL ESTIMATE PHASE III $ a9,`135"°_ WELL 05 TOTAL ESTIMATE (SUM OF PHASES I,II,and III) $ c-t6j 055 EDEN PRAIRIE WELL REHAB—WELLS 05 AND 12 Page 6 \L,w\ REQUEST FOR QUOTATION-DECEMBER 10, 2013 WELL 12 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) Phase I-Item 1) Mobilize/Demobilize $ (=I oc.o"" Phase I-Item 2) Pre-Rehabilitation Inspection and Performance Testing $ 36:)" Phase I-Item 3) Well Motor/Pump Removal and Inspection $ Phase I-Item 4) Downhole Video Inspection $ Phase I-Item 5) Inspection Report and Recommendations $ TOTAL ESTIMATE PHASE I $ 5Go-- PHASE II—Well Reassembly and Demonstration Testing(All costs are lump sum) Phase II-Item 1) Pump/Motor Re-Installation $ Phase II-Item 2) Well& Pump Disinfection $ Phase II-Item 3) Post-Rehabilitation Demonstration Testing $ 360 TOTAL ESTIMATE PHASE II $ 31660°.° PHASE III-Materials and Supplies(time and materials,quantities estimated) (8) 12"x 10'T&C column section @ $ (50 /each $ 5,P•oo"" (1) 12"x 5'T&C column section @ $ C-150 /each $ £150"c' (1) 12"tail pipe @ $ 550 /each $ (19) Neoprene bearings @ $ 05 /each $ c-175°fi Recondition Discharge Head/Packing Gland $ 160 /each $ I4,b"3 (8) 12"Spider bearing retainer @ $ 1-75 /each $ \,L-t x QD 200'of 1" poly water level monitoring tube $ 1 /eat fc $ _ Shop Labor(estimate) Ho hours $ '5/hour $ ,2oo°° (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) w� KPSI level transducer and 250'of cable $ 1 f 1_75 TOTAL ESTIMATE PHASE III $ kal910ay WELL 12 TOTAL ESTIMATE(SUM OF PHASES I, II,and III) $ a5,53c5"— EDEN PRAIRIE WELL REHAB—WELLS 05 AND 12 Page 7 - - Bergerson - Caswell Inc. ®- El5115 Industrial Street - - - -'� Maple Plain, MN 55359 BERGERSON-CASWELL (763) 479-3121 Fax: (763) 479-2183 IPFTELD CT: LD December 19, 2013 Mr. Kevin Miller St. Croix Environmental 1094 Golden Oaks Drive Hudson,WI 54016 RE: QUATATION FOR WELL INSPECTION AND REHABILITATION SERVICES,CITY OF EDEN PRARIE— WELLS 05 AND 12, EDEN PRARIE, MINNESOTA Mr. Miller, Bergerson-Caswell Inc. appreciates the opportunity to assist you and your well &pump needs. We are in understanding of the work elements for each well and that they are broken down into two phases, Phase 1 as the well Inspection Services and Phase II as being the Well Rehabilitation and Re-Assembly. We have reviewed and do acknowledge the terms and conditions as stated in the City of Eden Prairies General Conditions and are acceptable to us. Attached, please find the two cost schedules for wells#05 and#12. If you have any questions,require additional information, or would like to discuss this project, please do not hesitate to contact us at(763)479-3121 or cell# (612)369-3652 Sincerely, -Z Cc/ ee,..A.€1, .7., J Tim Berquam � Project Manager CC: J Dusek, City of Eden Prairie Bergerson-Caswell Inc. 5115 Industrial Street • Maple Plain,MN 55359 Telephone: 763-479-3121 Fax: 763-479 - 2183 E-Mail: info@Bermiln weli.coui Equal Opportunity Employer/Contractor REQUEST FOR QUOTATION — DECEMBER 10, 2013 The City will not be responsible for any expense incurred by the Contractor in preparing or submitting its proposal. The City reserves the right to reject any and all proposals and to waive any irregularities in a proposal. Questions concerning this request for proposal should be directed to Kevin Miller, Principal Consultant, St. Croix Environmental, Inc. at kmillerstcroixenv.com. Insurance No Contractor or Subcontractor shall commence work under this project until he has obtained, at his own cost and expense, all insurance required herein. All insurance coverage is subject to approval of the City and shall be maintained by the Contractor for the full term of the project including any guarantee period. The Contractor shall be responsible for the compliance of subcontractors with these insurance requirements. All insurance shall be an occurrence basis form only. Format of Project Cost Proposal Costs for the outlined scope of services should be provided in the following format. WELL 05 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) Phase I-Item 1) Mobilize/Demobilize $ (.15170.0 S Phase I-Item 2) Pre-Rehabilitation Inspection and Performance Testing $ (j 000. Phase I-Item 3) Well Motor/Pump Removal and Inspection $ ,- (rn[y.{X, Phase I-Item 4) Downhole Video Inspection $ `lop,G7 Phase I-Item 5) Inspection Report and Recommendations $ l'bo.co TOTAL ESTIMATE PHASE I $ 5 CO,CO PHASE II—Well Reassembly and Demonstration Testing(All costs are lump sum) Phase II-Item 1) Pump/Motor Re-Installation $ r9(?,Tj,cr) Phase II-Item 2) Well&Pump Disinfection $ � r-, Phase II-Item 3) Post-Rehabilitation Demonstration Testing $ 2.00 TOTAL ESTIMATE PHASE II $ 3 on 0,c PHASE III-Materials and Supplies(time and materials,quantities estimated) (8)12"x 10'T&C column section @ $ BCD°°/each $ (e,`/OD.7 (1) 12"x 5'T&C column section @ $50 /each $ ,S.5r3.0-) (1) 12"tail pipe @ $5.1).°" /each $ •$ p.ry, (19) Neoprene bearings @ $ .25°O/each $'—I?S,tn Recondition Discharge Head/Packing Gland $, vLb/each $ 3a).05 (8)12"Spider bearing retainer @ $ ,Q7.V Jeach $ =2. gL- 200'of 1" poly water level monitoring tube $ I.&J teach $ p�7 , Shop Labor(estimate) Li 5 hours $ gs,cu /hour $ •-.g'agoo (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) (2) 10'x 1.6875"SS w/spider,poly,T&C shaft sections $I,+-HHo 2/each $ i?grDiCe> KPSI level transducer and 250'of cable $_ Q zi Replacement Pump(actual model to be determined later) 1,400Gpm @ 225'TDH,Goulds 12 CHC 4 stage 83.1%eff.87BHp $ Replacement Motor(actual model to be determined later) US Motors Premium Eff.100 HP RUSI Model DT79 $ 7 'cD.oA TOTAL ESTIMATE PHASE III $ ,C{s. WELL 05 TOTAL ESTIMATE(SUM OF PHASES I, II,and III) $j„,tilic1120 EDEN PRAIRIE WELL REHAB-WELLS 05 AND 12 Page 6 REQUEST FOR QUOTATION- DECEMBER 10, 2013 WELL 12 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) Phase I-Item 1) Mobilize/Demobilize $ -I , R j Phase I-Item 2) Pre-Rehabilitation Inspection and Performance Testing $ is(1nt.cc Phase I-Item 3) Well Motor/Pump Removal and Inspection $ 2l,tet►oro Phase I-Item 4) Downhole Video Inspection $ Phase I-Item 5) Inspection Report and Recommendations $ DOD,CO TOTAL ESTIMATE PHASE I $ 11`Lion,co PHASE II—Well Reassembly and Demonstration Testing(All costs are lump sum) Phase II-Item 1) Pump/Motor Re-Installation $ ►�'7�O,t Phase II-Item 2) Well&Pump Disinfection $ Phase II-Item 3) Post-Rehabilitation Demonstration Testing $ I.b Cr) TOTAL ESTIMATE PHASE II $ 5, 96t, r PHASE III-Materials and Supplies(time and materials,quantities estimated)(8) 12"x 10'T&C column section @ $ p4,°G/each $_ ( 1000 00 (1) 12"x 5'T&C column section @ °tJeach $ 5 djp, (XL' (1)12"tail pipe @ $,may '/each $ j.jc,pz, (19) Neoprene bearings @ $ ,?cOO/each $ Recondition Discharge Head/Packing Gland $. ,o'/each (8)12"Spider bearing retainer @ $ 755,O/each $ A gpD,ro 200'of 1" poly water level monitoring tube $ 1. /each Shop Labor(estimate) 1./3 hours $ G Jhour (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) KPSI level transducer and 250'of cable $ I.35j,Uf] TOTAL ESTIMATE PHASE III $ f J>W5nc7 WELL 12 TOTAL ESTIMATE(SUM OF PHASES I, II,and III) $ , t,1 M,C EDEN PRAIRIE WELL REHAB-WELLS 05 AND 12 Page 7 �- - �� 141 28th Ave South DI Waite Park, MN 56387 320-251-5090 Email joetraut@trautwells.com December 19, 2013 City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 RE: Wells 5 & 12— Well inspections & rehabilitation services Cover letter Traut Wells is not proposing any alternative options. We understand the scope of work, and accept the timeline. We acknowledge the terms and conditions as stated in the city of Eden Prairies General Conditions. Copy of Traut Wells labor and equipment fee is attached. No discounts apply. Thank you, Joe Traut Project Manager Mark J. Traut Wells Inc PUMP SERVICE STANDARD HOURLY RATES 12/19/2013 PUMP HOIST EQUIPMENT Truck Mileage (Tandems) $ 125.00 Per Hour Electric Hand Hoist 2T $ 25.00 Per Hour 5 T Pump Truck & 1 Operator $ 95.00 Per Hour/Helper $45.00 Per Hour TW36 Pump Truck - Crane & Crew of 2 $ 175.00 Per Hour SUPPORT EQUIPMENT Tool & Equipment - Torches, Welder $ 150.00 Per Day Dump Truck $ 85.00 Per Hour Backhoe $ 85.00 Per Hour Trailer $ 75.00 Per Day Air Compressor 125 CFM x 125 PSI $ 175.00 Per Day or $28.00 Per Hour Air Compressor 250 CFM x 125 PSI $ 225.00 Per Day or $38.00 Per Hour Air Compressor 900 CFM x 350 PSI $ 750.00 Per Day or $125.00 Per Hour Bobcat & Operator $ 85.00 Per Day 150 KW Generator $ 55.00 Per Hour + Fuel JD 50 KW Generator $ 40.00 Per Hour + Fuel Welders & Small Engine Equipment $ 50.00 Per Day MANPOWER Operator-Drill Rig or Pump Hoist $ 75.00 Per Hour Helper $ 45.00 Per Hour Serviceman & Pickup $ 85.00 Per Hour Shop $ 75.00 Per Hour Welder/Machinist $ 75.00 Per Hour REQUEST FOR QUOTATION—DECEMBER 10,2013 The City will not be responsible for any expense incurred by the Contractor in preparing or submitting Its proposal. The City reserves the right to reject any and all proposals and to waive any irregularities in a proposal. Questions concerning this request for proposal should be directed to Kevin Miller,Principal Consultant,St. Croix Environmental,Inc.at kmiller gOstcroixonv.corn. Insurance No Contractor or Subcontractor shalt commence work under this project until he has obtained, at his own cost and expense, all insurance required herein. All insurance coverage Is subject to approval of the City and shall be maintained by the Contractor for the full term of the project including any guarantee period. The Contractor shall be responsible for the compliance of subcontractors with these insurance requirements. Ali insurance shall be an occurrence basis form only. Format of Project Cost Proposal Costs for the outlined scope of services should be provided In the following format. WELL 05 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) Phase I-item 1) Mobilize/Demobilize $ 9,000.00 Phase I-Item 2) Pre-Rehabilitation inspection and Performance Testing $ 1,000.00 Phase I-Item 3) Well Motor/Pump Removal and Inspection $ 2,000.00 Phase I-item 4) Downhole Video Inspection $ 1,300.00 Phase I-Item 5) Inspection Report and Recommendations $ 175.00 TOTAL ESTIMATE PHASE! $ 13,675.00 PHASE II--Well Reassembly and Demonstration TestinE(All costs are lump sum) Phase II-Item 1) Pump/Motor Re-Installation $ 3,000.00 Phase II-Item 2) Well&Pump Disinfection $ 375.00 Phase II-item 3) Post-Rehabilitation Demonstration Testing $ 1,500.00 TOTAL ESTIMATE PHASE II $ 4,875.00 PHASE III-Materials and Supplies(time and materials.quantities estimated) (8)12"x 10'T&C column section @ $ 850 /each $ 6.800.00 (1)12"x 5'T&C column section @ $ 600 /each $ 600 00 (1)12"tail pipe @ $ 675 /each $ 675.00 (19)Neoprene bearings @ $ 30 leach $ 570 00 Recondition Discharge Head/Packing Gland $ 475 leach $ 475.00 (8)12"Spider bearing retainer @ $ 165 /each $ 1,320.00 200'of 1"poly water level monitoring tube $ 7 leach $ 400.00 Shop Labor(estimate) 3.0,hours $ 105 /hour $ 3350,00 (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) (2)10'x 1.6875"5S w/spider,poly,T&C shaft sections $ 82�each $ 1.650,00 KPSI level transducer and 250'of cable $ 1,850.00 Replacement Pump(actual model to be determined later) 1,400Gpm @ 225'TDH,Goulds 12 CI-IC 4 stage 83.1%elf.87BHp $ 8,300.00. Replacement Motor(actual model to be determined later) US Motors Premium Eff.100 HP RUSI Model DT79 $ 10,500.00 TOTAL ESTIMATE PHASE III $ 36,290.00 WELL 05 TOTAL ESTIMATE(SUM OF PHASES I,II,and III) $ 54.840.QQ EDEN PRAIRIE WELL REHAB-WELLS 05 AND 12 Page 6 REQUEST FOR QUOTATION—DECEMBER 10,2013 WELL 12 PROJECT ESTIMATE: PHASE I—Well Disassembly and Inspection(All costs are lump sum) Phase I-Item 1) Mobilize/Demobilize $ 10,500.00 Phase I-Item 2) Pre-Rehabilitation inspection and Performance Testing $, 1.000,00 Phase I-Item 3) Well Motor/Pump Removal and Inspection $ 2,700.00 Phase I-Item 4) Downhole Video Inspection $ 1,300.00 Phase I-Item 5) Inspection Report and Recommendations $ 375.00 TOTAL ESTIMATE PHASE I $ 15,875.00 PHASE II—Well Reassembly and Demonstration Testing(All costs are lump suntj Phase II-Item 1) Pump/Motor Re-Installation $ 4,000.00 Phase II-Item 2) Well&Pump Disinfection $ 375.00 Phase II-Item 3) Post-Rehabilitation Demonstration Testing $ 1,500.00 TOTAL ESTIMATE PHASE II $ 5,875.00 PHASE III-Materials and Supplies(time and materials,quantities estimated) (8)12"x 10'T&C column section @ $R50 /each $ 6,800.00 (1)12"x 5'T&C column section @ $600 /each $ 600.00 (1.)12"tall pipe @ $ 675 /each $ 675.00 (19)Neoprene bearings @ $ 30 /each $ 570.00 Recondition Discharge Head/Packing Gland $ 475 /each $ 475.00 (8)12"Spider bearing retainer @ $ 165 /each $ 1,320.00 200'of 1"poly water level monitoring tube $ 2 /each $ 400 00 Shop Labor(estimate) 3Qhours $ 105 /hour $ 3,150.00 (Clean&straighten line shafting,sand blast&epoxy coat the column assembly) KPSI level transducer and 250'of cable $ 1,850.00 TOTAL ESTIMATE PHASE III $ 15,640.00 WELL 12 TOTAL ESTIMATE(SUM OR PHASES I,II,and III) $ 37,590,00, EDEN PRAIRIE WELL REHAB—WELLS 05 AND 12 Pages CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Sue Kotchevar, Office of the Approve contract with Springsted Incorporated City Manager for Post Compliance Issuance Services Requested Action Move to: Approve contract with Springsted Incorporated for Post Compliance Issuance Services. Synopsis To ensure that the City is com pliant with rules and regulations for post compliance issuance on debt, staff conducted an RFP process hire a firm to perform these services. As IRS scrutiny of tax exempt debt has increased staff wants to be proactive in ensuring compliance. Four firms responded to the RFP and all four fi rms were interviewed. The four firm s that responded are Springsted,Northlan d, PFM, and Ehle rs. Staff reviewed with each firm the process to be followed to acquire a working know ledge of outstanding debt, the various tasks to be completed for arbitrage monitoring, rebate management and annual disclosure. While all four firms are qualified to complete the work, Springsted was chosen for the following reasons: • The firm is qualified to perform the work and has similar experience with m any Minnesota cities including Maple Gr ove, Bloomington, Golden Valley, Savage, etc. • Reference checks • For continuing disclosure, an annual survey will be used • For arbitrage analysis, a legal opinion is included in the services • The firm has a com puterized tracking system which track s compliance dates. The system has an annual report that will be used as a basis our annual meeting The cost proposed is sim liar to other the other firms. Initially th ere will be some upfront costs for review of the City's conduit debt for$5,218.50. Staff recommends that these fees be paid from the conduit debt adm inistrative fees the C ity receives from conduit borrowers. So far in 2013 the City has received $31,000 in conduit debt administrative fees. After the work product and process is establishe d, any annual arbitrage compliance services will be charged on each debt issuance. This could range from $1,500 t o $400 per issue or a maximum of$30,000 annually (20 issues at $1,5 00 each). For continuing disclosure service the cost will be $600 per type of obligation and then $200 for each debt obligation thereafter. This will cost approximately $3,000 annually. These fees will be paid out the debt service funds. Attachments Contract Springsted Proposal Dated 8/30/2013 Exhibit A Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Springsted Incorporated, a Minnesota Corporation (hereinafter "Consultant") whose business address is 380 Jackson Street, Suite 300 Saint 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 Post Compliance Issuance Advisory Services 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 the Springsted Proposal dated 8/30/2013 and Exhibit A in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the 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 11/20/2013 through 12/1/2018 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 the fees in the Springsted Proposal dated 8/30/2013 in a total amount not to exceed $ 33,000 annually plus one-time costs in 2013 of$ 5,219.50 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon 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. City'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 set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services Page 2 of 9 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 Terri Heaton as Client Representative, Shell A. Ness as the primary arbitrage contact and Wendy Olson as primary continuing disclosure contact 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 the 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 and Data Practices. 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 Agreement. 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 herein. 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 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 Standard Agreement for Professional Services Page 3 of 9 to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss 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 Standard Agreement for Professional Services Page 4 of 9 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. C. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. 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. 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; Standard Agreement for Professional Services Page 5 of 9 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. Consultant shall notify City if any policies with coverages herein described are canceled or non-renewed or coverage limits are reduced by endorsement below the required levels at least thirty (30) days prior to such an event. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, 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 for which the City should have been named an additional insured. 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: Standard Agreement for Professional Services Page 6 of 9 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. 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. 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. 15. 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. 16. 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. 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. 17. Mediation. Each dispute, claim or controversy arising from or related to 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 Standard Agreement for Professional Services Page 7 of 9 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. 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. 21. 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. 22. 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. 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 Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Standard Agreement for Professional Services Page 8 of 9 SPRINGSTED INCORPORATED By: Its: Standard Agreement for Professional Services Page 9 of 9 _--—------. . ... sd.•s°1.—A i ii i A 411110 I. LL. iilt-4:ill , ii - .. Its _ kil t. ------='----- __ .,-:,..f.- ' MIA1 Proposal City of Eden Prairie, Minnesota Proposal to Provide Post Issuance Compliance Advisory Services August 30, 2013 Springsted Table of Contents LETTER OF TRANSMITTAL A QUALJFlCATIONS 1 History and Leadership 1 Our Clients 1 Primary Contact 3 IRS and Agency Experience 6 Compliance Experience 7 Continuing Disdosure 7 Arbitrage Compliance 8 Support Services Capabilities 9 B PROPOSED FEES 13 RESUMES APPENDIX I SAMPLE ARBITRAGE REPORT APPENDIX II SAMPLE OF CONTINUING DISCLOSURE WORT( APPENDIX III IVission Statement Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the long-term process of building their communities on a fiscally sound and well-managed basis. Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,NN 55101-2887 Springsted Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.con LETTER OF TRANSMITTAL August 30,2013 Ms. Sue Kotchevar,Finance Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Re: Request for Proposal to Provide Post Issuance Compliance Advisory Services Dear Ms. Kotchevar: Springsted Incorporated is pleased to have this opportunity to submit a proposal for post issuance compliance advisory services. We have enjoyed working with the City in the past on various projects and look forward to the opportunity to do so again. Tax-exempt finance is our specialty. We are involved in this type of work through our continuing disclosure and arbitrage compliance areas, and in the work that we do on behalf of clients in structuring and selling their bond transactions. We deal with regulatory issues all day, every day. We have a depth of personnel—both in our compliance areas and in our staff of technical public finance professionals. While we have assigned a specific team to address your compliance needs, we have a broad staff of financial analysts that can be called upon to assist, as needed. Due to increasing levels of client work and IRS audit activities,we have been increasing our staffing levels in the arbitrage compliance area. Some of the staffing additions are introduced to you within this proposal and we would like to draw your attention to their credentials. In addition to Springsted's seasoned public finance professionals, our compliance group includes professionals holding a CPA, a masters in finance and a bachelors in accounting. Our focus is not to just"do the numbers,"but to provide consulting assistance that will: • Aid the City in development of a comprehensive compliance policy, including procedures, responsibilities,record retention, etc.; • Minimize the financial impact of compliance through the accurate and resourceful application of regulations; • Help you determine how to best track information going forward to minimize the future burden of compliance; • Assist with ideas on investments that will simplify reporting and/or reduce rebate obligations; and • Provide tracking services going forward to help avoid interest and penalty expense. Public Sector Advisors City of Eden Prairie,Minnesota August 30,2013 Page 2 Through the ongoing development of our compliance practice, Springsted has already incorporated valuable solutions to the standard problems of tracking individual issue responsibilities into its service offering. To provide you with accurate,timely notifications,we have a well-established database system that helps manage the timing requirements for our clients through its tickler system. It also keeps historical information at the ready, so that we can quickly respond to your questions. Tested by time,this system is undergoing enhancement to be able to provide you with better information relative to your upcoming reporting requirements. Springsted's specialized service offerings in continuing disclosure and arbitrage compliance provides a wide range of options to fit your needs. Thank you for your consideration of our firm. Respectfully submitted, Terri Y. Heaton, CIPFA, Senior Vice President Client Representative kmd Scope of Services from RFP • Assist with the development of post-issuance compliance policy and procedures. These would include the following: o Establishing responsibilities o Documenting important information o Monitoring changes o Investment strategy o Monitoring rebate • Assist with any initial one-time procedures to ensure the City is in compliance with its policy and procedures. Assist with on-going procedures identified in the policy to be completed by the advisor in the timeframe also identified in the policy. • Compile and assist with the distribution of an annual report for submission to all nationally recognized municipal securities information repositories and the state information depository, if one is designated, and the Municipal Securities Rulemaking Board, as required by the provisions of the specific issue; • Monitor material events through periodic requests for information and assist with the disclosure of material events; • Advise on arbitrage and/or rebate provisions; • Monitor funds subject to arbitrage restrictions and calculate rebates. • Perform arbitrage calculations as needed. Qualifications 1 A (qualifications . Frm's experience with scope of work identified above in the State of Minnesota. History and Leadership Springsted is one of the largest and most established independent public sector advisory firms in the United States and is the largest within Minnesota. For nearly 60 years,we have continually grown in the range of our client relationships,the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national perspective and local expertise. Springsted is a women-owned business and is certified as a Women's Business Enterprise("WBE")by the City of Saint Paul,Minnesota. Three employee-owners lead Springsted. Our headquarters are located in Saint Paul,Minnesota,with additional offices located close to our clients throughout the Midwest and Mid-Atlantic states. Specifically, our regional offices include Milwaukee,Wisconsin; Des Moines,Iowa; Kansas City,Missouri;Richmond,Virginia; Los Angeles, California; and Denver, Colorado. Our aients • Cities,Towns,Townships States in gold reflect dient locations and Villages Areas with stars reflect regional offices • Counties • Special Service Districts • Non-Profit Organizations d • Hospitals • Economic Development, Redevelopment and Port Authorities 4 _ • Electric and Water Utilities • Higher Education Authorities • School Districts • Housing Authorities 2. Experience of the firm with jurisdictions of comparable characteristics to the City of Eden Prairie. Springsted has had the great fortune to partner with all types of cities— from Saint Paul to Baudette—in Minnesota over the past 60 years. We currently serve as Financial Advisor to over 80 cities within Minnesota,most of whom we have served for decades. This long standing financial advisory prominence demonstrates our continued commitment to Minnesota cities and their long-term acknowledgement of Springsted's ability to help them be successful. These experiences allow us to bring best practices to the cities with whom we partner. Springsted aty of Eden Prairie,Minnesota.Rupuzal to Provide Post issuance compliance Advisory Services Qualifications 2 Below is a sampling of cities with comparable characteristics to the City of Eden Prairie. First Tier Metro Suburbs • Brooklyn Center • North Saint Paul • Crystal • Oakdale • Golden Valley • Robbinsdale • Maplewood • Roseville Second Tier Metro Suburbs and Exurbs • Becker . Lino Lakes • Blaine • Minnetonka • Bloomington • New Prague • Chaska • North Branch • Delano • Rosemount • Eagan • Savage • Excelsior • Shakopee • Ham Lake • Shoreview • Hugo • White Bear Township • Lakeville Minnesota Regional Centers • Alexandria • Moorhead • Austin • Red Wing • Brainerd • Rochester • Detroit Lakes • St. Cloud • East Grand Forks • Virginia • Grand Rapids • Willmar • Hastings • Winona 3. Identify the primary contact to be assigned to work with the Oty.List the qualifications and experience of the individual. If more than one person is assigned identify the senior level contact. Include resumes for all financial advisor staff listed as contacts for the Oty. Springsted has carefully selected Eden Prairie's Service Team to include some of our most senior and highly trained staff to demonstrate our commitment of personal and professional responsibility for the services and outcomes for the City. Ms. Terri Heaton, Client Representative,will be the lead to the City, coordinating Springsted's efforts. Springsted aty of Eden Prairie,Minnesota.Ru uoal to Provide Rost issuance Compliance Advisory Services Okla lions 3 Primary Contact Ms. Terri Heaton Senior Vice President and Client Representative Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,Minnesota 55101 Office: 651-223-3022 E-mail: theaton@springsted.com QTYOF EDEN PRAIRIE,MNNESOTA TERRI II• ATON SENIOR VICE PRESIDENT LEAD CLIENT REPRESENTATIVE ARBITRAGE AND REBATE INVESTNENf ADVISORY CONTINUING DISCLOSURE SERVICES SERVICES SERVICES SHELJ NEss,CPA TERRY KRASER GERALD SORENSON DIRECTOR OF DEBT SENIOR VICE PRESIDENT DIRECTOR OF BOND SERVICES IVL4NAGENENT INVEST VENT CONSULTANT ARBITRAGE CONPUANCE — — — — KYLE ERASE WENDY OLSON FINANCIAL ANALYST BOND SERVICES ANALYST LORA MARTIN ASSOCIATE FINANCIAL ANALYST Terri Y.Heaton,CIPFA Senior Vice President and Client Representative Ms. Terri Heaton joined Springsted Incorporated, fl Independent Financial Advisors, Saint Paul, Minnesota, in 2002 as a Senior Vice President, concentrating her efforts as principal advisor to cities and counties. She serves clients in the Midwest, assisting them in attaining their financial goals through effective public finance, economic development, operational and structural alignment, investment strategies and developing strong human resource teams. Ms. Heaton has over 30 Springsted aty of Eden Prairie,Minnesota.Rupuzal to Provide Rost Issuance Compliance Advisory Services Oklalifications 4 years of experience in local government finance and economic development. She has assisted issuers in developing unique and complex financings using tax increment, abatement, conduit debt,tax credits,Build America Bonds, (BABs),recovery zone facility bonds(RZFBs)and other funding structures for public and private development. Heaton has assisted in the issuance of over 500 bond issues to finance government facilities,roads and streets, utilities, economic development projects,hospitals,theaters,community centers, civic centers, airports,transportation systems and park and recreation amenities. She assists clients in procedures and policies for post issuance compliance. Ms Heaton currently serves as Vice President of the National Association of Independent Public Finance Advisors. Shelli A.Ness,CPA Vice President and Director of Debt Management Ms. Shelli Ness has been with Springsted since 2012. She has the financial management experience and technical knowledge to successfully assist clients with the complex IRS P regulations that issuers of tax-exempt debt must Lcomply with. Ms.Ness has an uncanny ability to translate complex tax code into easily understood concepts. She is a Certified Public Accountant,with strong numeric aptitude, great attention to detail and a broad knowledge base. Kyle R.Frase Financial Analyst Mr. Kyle Frase has been with Springsted since 2012. He has worked in the bond industry in all facets from issuance to research and trading. Kyle has recently earned his MBA in Finance from Mississippi State. He combines the theoretical / concepts with real world experience to provide solid decision making with regard to the complex world of tax-exempt arbitrage compliance. Lora S.Martin Associate Analyst ' Ms. Lora Martin has been with Springsted since 2007 and currently shares her time between the Bond fl Services and Debt Management Departments as an Associate Analyst. Ms. Martin is responsible for providing support to the Bond Services Analysts by updating and verifying client's debt. In the Debt Management Depai intent, she is responsible for data collection and performing analytics related to arbitrage compliance. She is also available to assist clients with record keeping requirements and Springsted aty of Eden Prairie,Minnesota.Plui.x,bal to Provide Post issuance Compliance adk4s«y Services Qualifications 5 compliance with IRS reporting deadlines. Ms. Martin holds a Bachelor of Science Degree in Business Administration—Accounting from Northern Michigan University. Prior to her time at Springsted, she served as an accountant for nine years in the private sector. Theresa"Terry"Kraser Vice President and Consultant Ms. Terry Kraser directs Springsted Investment fl Advisors, a wholly-owned subsidiary of Springsted Incorporated. Ms. Kraser brings over 30 years of experience in municipal finance,with 23 years specializing in cash management and investing municipal bond proceeds. Ms. Kraser works solely on our clients' behalf to develop and implement well-conceived and prudently executed investment programs. Gerald H. "Jerry" Sorenson Director of Bond Services Mr. Jerry Sorenson brings his knowledge and administration skills to our Bond Services Group. ..; As Director,he oversees our team of analysts and A. administrative support personnel as they prepare Official Statements and conduct bond sales for tax- i. exempt and taxable financings. Mr. Sorenson was aa4 previously a finance director, director of administrative services and assistant and interim city manager. He has overseen Finance Departments and Human Resources Departments, as well as Data Processing and Operations Departments. He is a recipient of the 2002 League of Minnesota Cities C.C. Ludwig and Leadership Award,which recognizes one elected official and one municipal employee annually for their leadership and contributions to improving their municipality, improvements to municipal government and leadership and service to their citizens and communities. He has a bachelor's degree in Accounting and Business Administration from the University of Minnesota—Moorhead. Wendy M. Olson Analyst Ms.Wendy Olson prepares disclosure documents and coordinates the sale and closing of the Bonds. This requires working with the Issuer,bond counsel,underwriter counsel and others to incorporate comments into the documents. Since 2010,Wendy's emphasis has been preparing and filing secondary disclosure reports. Prior to becoming an Analyst,Ms. Olson was an Administrative Assistant and an Associate Analyst at Springsted. Ms. Olson also administers the secondary disclosure program. Full resumes are provided in Appendix I. Springsted aty of Eden Rairie,Minnesota.Ru sisal to Provide Post issuance Compliance Advisory Services Qualifications 6 Compliance services offered by Springsted are under the direct management of the firm's president,Kathleen Aho. Ms. Aho is available to assist the team as necessary. Kathleen A.Aho,CIPFA President and Client Representative Ms. Kathleen Aho has been a principal of the firm since 1993. She has a reputation for developing Yam• •f creative solutions for managing today's most aft deL challenging financial issues, such as housing, economic development, advance refunding, sales and/or special tax-backed financings and enterprise i' management. In over 30 years of experience as an advisor to the public sector, she has served as manager on hundreds of financing assignments that involved both taxable and tax-exempt obligation transactions. Ms.Aho is the president of the Minnesota Institute of Public Finance and a past president of the National Association of Independent Public Finance Advisors, currently chairing the organization's Standards,Ethics and Certification Committee. 4. Experience dealing with the IRS and other applicable agendes. IRS and Agency Experience Springsted is well versed in dealing with the IRS and other applicable agencies, such as the SEC and MSRB. Recently,we were able to encourage the Service to revisit their approach to application of yield reduction payments as made by a state agency. Assisted by Faegre Baker Daniels LLP,we were able to prevail in our argument and avoid interest and penalty expenses by successfully supporting our approach and calculation result. We have observed increased frequency of IRS Requests for Examination in recent months. On multiple occasions,we have consulted with our clients and assisted in the preparation of their responses to the IRS with successful outcomes. The allowed response time is aggressive,with most responses required approximately ten days from the letter date. Our staffing levels have allowed us to quickly respond to our client's needs. Springsted has extensive experience with filing annual reports via EMMA, as well as communicating any issues/concerns that arise with MSRB. Our ongoing communications with broker/dealers also gives us insight to the regulatory and internal compliance pressures under which they operate. By working constructively with them to help resolve the issues that continuing disclosure requirements place on them,we are also helping our clients. Addressing continuing disclosure appropriately not only avoids contract and compliance issues, it helps an issuer present itself better to the marketplace each time it issues new bonds. Springsted City or Eden Rairie,Minnesota.Rupusal to Provide Rost issuance Compliance Pdvisay Services Qualifications 7 5. Outline the firm's experience in providing continuing disdosure/arbitrage rebate rranagerrent services as outlined in the Scope of Services. Compliance Experience On average over the last ten years, Springsted has managed 360 bond transactions per year as a financial advisor. Providing continuing disclosure and arbitrage services has evolved naturally from our financial advisory business. Originally provided on an as-needed basis, Springsted's post issuance compliance consulting has evolved into a fully-staffed service unit. Continuing Disclosure Under SEC disclosure regulations, effective July 3, 1995,underwriters may not purchase or sell bonds in new offerings of more than$1 million unless the issuer or obligor will sign a written agreement to provide annual financial and operating information, and notice of material events to the public. In addition,brokers or dealers must have procedures in place to review information before recommending sales of securities. Annual financial information includes audited financial statements, Springsted will send semi- budgets, and for general obligation issues,the primary operating annual surveys to aid the data,which is information related to property values, debt service, City of Eden Prairie in tax rates, levies and collections. Notice of material events includes meeting the material event such things as delinquencies, defaults,unscheduled draws on debt filing requirement. service, credit enhancement draws, adverse tax opinions,bond calls and rating changes. Beginning July 1,2009,the Securities and Exchange Commission (SEC)designated the Municipal Securities Rulemaking Board(MSRB) as the official repository for municipal securities continuing disclosure filings under SEC Rule 15c2-12. The MSRB created the web portal, Electronic Municipal Market Access(EMMA) system,to serve as the centralized repository. Springsted provides approximately 200 clients with continuing disclosure services,with sixty-five percent(65%)of these clients located in Minnesota. We employ an experienced fulltime analyst that is dedicated to assisting clients in the compilation and distribution of their annual report and any applicable operating data to the proper reporting agencies. We successfully monitor material events though semi-annual electronic requests for information. Springsted has the personnel and systems to aid the City in its compliance with the undertakings and SEC requirements. Springsted aty of Eden Prairie,Minnesota.Rupuzal to Provide Post issuance compliance Advisory Services Olalificat ons 8 Arbitrage Compliance Springsted personnel have provided arbitrage-related services since yield restriction provisions were first applied to industrial revenue bonds, pre-dating most issuers' awareness of these regulations. At that time,our work was performed primarily for major trustee banks. With the advent of rebate responsibilities for general governmental bond issues in 1986, our arbitrage practice was expanded to provide services to governmental issuers, as well as bond trustees. In just the past two years, Springsted has completed approximately 700 arbitrage calculations for various municipalities, colleges,universities and nonprofit groups, and our practice continues to grow. Of the calculations performed, approximately ninety percent(90%)are for clients located in the State of Minnesota. Our rebate staff is centralized in our Saint Paul corporate headquarters. We work directly with Faegre Baker Daniels LLP,in consultation regarding legal issues. Much of our work can be coordinated through telephone,written, and electronic communications; however, site visits are scheduled,as needed. Specific Springsted personnel are dedicated to arbitrage analysis and are responsible for maintaining the integrity of the service. We know that oftentimes assistance is needed that goes beyond the calculations themselves. Therefore, our service is aligned to assist clients in meeting the information needs of rebate reporting on a timely and complete basis. Recent staffing additions and the credentials they bring are helping us to better meet client's timing needs by adding additional capability and availability to our compliance team. We encourage you to review our compliance staff's credentials as presented in Appendix I of this proposal. Every Springsted arbitrage client and their bond issues are entered into our Compliance Database. This database enables us to electronically track the rebate history of each client and issue, including impending computation dates. Clients are notified in advance of information needs. Issues are assigned to specific arbitrage analysts,with work coordinated to assure consistency and timely completion. Springsted has dedicated full-time personnel to our arbitrage practice and employs a Compliance Database to enhance our ability to serve clients and manage their reporting timelines. The database also records historical activity,helping us respond to issuer questions and appropriately manage record retention. Springsted manages the arbitrage compliance area to provide on-going value-added services to our clients. In addition to our efforts to help clients manage their reporting requirements through our database development,we are available to assist our compliance clients think through the implications of the arbitrage regulations on emerging financings and investment practices. Springsted aty of Eden Prairie,Minnesota.Ru sisal to Provide Post Issuance Compliance advisory Services Qualifications 9 After bond issuance,we consider it our goal to assist arbitrage clients in minimizing their financial obligation within the confines of the federal rules. This sometimes involves closer inspection of expenditures when attempting to meet the spend-down tests. It could involve adjusting computation dates or reassessing allocation options. Evidence of our success in this area is a case where a new compliance client converted to Springsted after having used a major accounting firm. Our familiarity with the design of tax-exempt bond issues enabled us to better interpret the nature of certain funds and reduced the client's rebate obligation by over$250,000. A second very recent example occurred within the context of an IRS audit during which we were able to encourage the Service to revisit their approach to application of yield reduction payments as made by a state agency. Assisted by Faegre Baker Daniels LLP,we were able to prevail in our argument and avoid interest and penalty expenses by successfully supporting our approach and calculation result. Some of the more complex reports we deal with are single family revenue bond transactions,where multiple prior issues are refunded on multiple dates; or in the case of municipal utilities that maintain parity reserve funds where original proceeds are tracked through multiple refunding issues. In these cases,we have been able to provide assistance to the bond trustees or the issuer,helping to interpret their fund accounting responsibilities correctly to ensure compliance with the bond terms and that transferred proceeds issues are treated correctly. Springsted has the knowledge,resources and systems in place to successfully assist the City of Eden Prairie with its arbitrage compliance needs. 6. Summarize the firms support services capability(i.e.computer printing,word processing,graphics,etc.)and whether these services are done in-house or are contracted out. Support Services Capabilities Springsted produces its documentation including graphics and other documents internally. In the compliance area,there has never been a need for high-test, externally produced graphics,but if one developed we can work with the City to identify a suitable provider. Springsted has a document publishing center with high capability printing, scanning and copying equipment. Integration of computing and printing capabilities allows all documents except extremely large,bound materials to be produced internally, giving us complete control over both quality and timing of production. Springsted aty of Eden Prairie,Minnesota.Ru sisal to Provide Post Issuance compliance advisory Services Qualifications 10 Technology Systems The backbone of these service areas is our hardware and software resources that are managed by Springsted's dedicated professional personnel in our Information Technology(IT)division. This division maintains the technology infrastructure and multi-media personal computer(PC)environment that keeps every desktop and field professional connected to our clients and our systems. Our IT staff provides in-house expertise from system design and evaluation to "nuts-and bolts"maintenance. We have levels of redundancy in place to prevent the loss of data in our primary computing, as well as a loss of network connectivity,to avoid interruptions in our ability to serve client's extremely time-sensitive needs, such as competitive bond sales. Our PC environment is standardized on the Microsoft®Office suite of desktop applications. Although we use Microsoft®file formats,we maintain compatibility with a wide variety of previous-version and non-Microsoft®file formats to allow file sharing with clients. Our bond sizing and structuring work is supported by MUNEXTM software, an industry standard. Our modeling of individually tailored and highly complex financing issues is maintained on a refined suite of Springsted-developed Microsoft®Excel workbook templates, as well as a suite of Springsted custom programs to provide primary calculation and accuracy safeguards. Information Resources Timely access to information is key to our ability to advise our clients in the ever-changing public finance industry. In today's electronic environment,timeliness has taken on a more accelerated dimension. Springsted maintains online services with a number of the national industry market information resources. These online services include Bloomberg®for multi-dimensional market rate and financial news services,Municipal Market Data(MMD) for daily market interest rate scales and Thomson Financial"'for general market data. Statistical profiles are immediately accessible by our staff in working with our clients. These online systems complement Springsted's additional resources, such as our ongoing access to each of the three rating agencies,to state and federal regulatory agencies via the Internet and to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system(EMMA). These resources provide us with current information,not only to manage any bond sale process with national or regional investment banking firms,but also to provide for the larger public finance informational needs of our clients. Springsted aty of Eden Prairie,Minnesota.Ru sisal to Provide Rost issuance Compliance advisory Services Qualifications 11 Communication Capabilities With the timeliness of information being critical, communication becomes central to our working partnership with our clients. Our electronic communication capabilities provide our clients with a multiplicity of access points. Our perspective of a working partnership with our clients causes us to interact often in the preparation and updating of financial models and documents. Our electric communication capabilities permit us to run tandem systems in these areas for the efficient and timely exchange of information. We encourage you to review our website at www.springsted.com. The site offers a wealth of features, including Official Statements for upcoming sales,general market news and links to other public finance sites. Electronic record backup Springsted client records have been systematically stored electronically since the 1990's. The systematic storage of client data provides a library resource at every desktop and has nearly eliminated new permanent paper files in our office. A benefit in addition to immediate access is that our electronic records are routinely backed up,both on-site and off-site, providing Springsted with a means of retrieving lost records. Not only does this provide important security for our purposes,but our retrieval system has also been used by clients in their own emergency preparedness plans. 7. Describe the process by which your firma!acquire a waking knowledge of the City's outstanding debt so as to be able to ad'ise the Oty. In order to prepare for submitting our proposal,we have already begun educating ourselves about the City. We have reviewed: • 2012 Comprehensive Annual Financial Reports • Outstanding Debt available on Bloomberg and EMMA • The Official Statements of outstanding EMMA reported issues to determine which issues are conduit bonds • Created an electronic MUNEXTM file(industry specific software) of the City's outstanding debt We would recommend a kick-off meeting with key staff and our team leads to allow for interaction, opening up the communication lines, and clearly identifying objectives and timing prior to commencing any work. This also permits an opportunity to verify observations that we may have and to hear first-hand if there are specific objectives that the City needs to have addressed and what the priorities are. Springsted aty of Eden Prairie,Minnesota.Rupuzal to Provide Rost issuance compliance Pdvisory Services Qualifications 12 While reading and interpreting data is an area we excel in, it's the relationship and partnering with a community that really leads to success. Our goal is to meet with representatives from the City as soon as possible, should we be selected,to better understand the needs and expectations from staff. 8. List of references relating to projects completed for local governments over the past five years with comparable characteristics to the City of Eden Prairie,preferably in the State of Minnesota. Provide name,address and telephone number of a contact with the reference govemn ent. City of Bloomington, Minnesota Ms. Lori Economy-Scholler, Chief Financial Officer leconomy@ci.bloomington.mn.us 952-563-8791 City of St.Cloud, Minnesota Mr. John Norman,Director of Finance john.norman@ci.stcloud.mn.us 320-650-3373 City of Moorhead,Minnesota Ms.Wanda Wagner,Finance Director wanda.wagner@ci.moorhead.mn.us 218-299-5318 City of Golden Valley, Minnesota Ms. Sue Virnig,Finance Director svirnig@goldenvalleymn.gov 763-593-8013 City of Maple Grove,Minnesota Mr. Jim Knutson,Finance Director jknutson@maplegrovemn.gov 763-494-6321 City of Savage, Minnesota Ms. Shelly Kolling,Former Finance Director for the City of Savage, Minnesota,Current Finance Director for the City of Faribault, Minnesota skolling@ci.faribault.mn.us 507-334-2222 Springsted (Sty of Eden Prairie,Minnesota.Raul to Provide Post Issuance Compliance Advisory Services Proposed Fees 13 B. Proposed Fees Arbitrage Compliance Services Springsted proposes the following fee schedule for the City of Eden Prairie,Minnesota. A legal opinion from a nationally recognized bond counsel firm is included in these rates, if applicable. Per Issue Standard Computation—one year period $1,500 Standard Carputation—more than one year $1,500 *plus$400 for each additional year for the first year* Service Fees One-Time Initial Set-Up Legal Report waived (new issues with no prior Report) Fee for completion of IRS Form 8038-Tfor Filing to IRS induded Hourly Supplement Fees: Transferred Proceeds Allocations included** Co-mingled or Pooled Funds Analysis for Consulting Penalty Spending Exception Report Fees(Per Seni-Annual Spend-do n Period without skipped report for any Prior Seni-Annual Spend-down $500 Period * Resultant five year computation fee is$3,100. ** Supplemental work which involves extended time invdverrent will be charged at an hourly rate. Any such cases will be discussed specifically prior to proceeding. The fees quotes provided herein are subject to the provision of adequately detailed information regarding expenditures and investments. All work done to negotiate with or represent the City in audit conversations with the IRS will be done on an hourly basis and is not included above. Springsted will provide, on a complimentary basis,up to five hours per calendar year to assist the City in responding to IRS examinations. Faegre Baker Daniels LLP Attorney $340 "not to exceed"rate applicable to IRS work only Senior Springsted Officer or Rrindpal $220 Officer, Project Manager $190 Finandal Analyst $155 Associate Analyst $145 Springsted Support Staff $65 Springsted Qty of Eden Prairie,rVinnesota.Proposal to Provide Post Issuance Corrpliance Advisory Services Proposed Fees 14 Springsted will pass through indirect costs at actual charges incurred. Such cost will generally include printing, copying and travel expenses, if necessary. Generally,the information regarding the arbitrage-rebate analysis can be gathered over the telephone and by electronic mail, thus travel is seldom required. Unless extraordinary, indirect costs other than travel are generally waived. We would like to preserve the option to charge for these costs;however,we have not to date charged a client separately for indirect costs other than travel. Continuing Disdosure Services (The fees listed below apply to each reporting type. For example, general obligation and utility revenue are each reporting types). Fee Schedule Full or Umited Full Disclosure Disclosure Full Disclosure All Fee Type Report Created By Official Statement Operating Data United Disclosure Advisor With Updated Data Included Within CAFR That Can Be Referenced *Report Preparation and Fling Per $1 300 00 -0- $600.00 $600.00 Type of Obligation Each Debt Obligation Covered by $200.00 $200.00 $200.00 $200.00 Addendum The annual preparation fee is waived in any year in which Springsted serves as the Financial Advisor on a new issue. The$200 per issue fee is capped at 10 issues or$2,000. Based on the current number of issues to report on,the fee would be $3,300, ($1,300 preparation and$200 per issue, capped at 10 issues),or$2,000 if Springsted serves as financial advisor for that type of bond during the reporting year. *Springsted suggests that the City create a historical table for Building Permits within the CAFR, and if done, our annual preparation fee would be reduced to $600,plus the $200 per obligation fee. This is possible because with the addition of building permit information,the City's CAFR will provide all information needed for disclosure for all City general obligation issues. Springsted City or Eden Rairie,Minnesota.Ru sisal to Provide Post issuance Compliance advisory Services Red Fees 15 Springsted will initially confirm with the City all issues,reporting requirements and the date by which filing must be complete. Each year thereafter, Springsted Incorporated will research any new issues, and any issues matured/redeemed to provide a list of outstanding debt as of a given date. Twice each year, an electronic survey, listing the outstanding issues together with a listing of material events will be sent electronically to the City for review. This survey will both solicit information regarding material events and serve as a reminder to notify Springsted Incorporated, should an event take place. In addition, on conduit debt that is registered and a CUSIP number has been assigned, Springsted Incorporated will determine the reporting requirements and advise the City on which issues must be reported on and who is the reporting agency(City, Trustee,Developer, etc.). Going forward,the City may want to require conduit borrowers to provide proof of filing for the City's records,if it is necessary to track. Conduit Issues For conduit issues for which arbitrage and continuing disclosure have not been assigned to other parties or for which the City wants to affirm that those obligation are being met, Springsted will research the requirements of each issue and/or seek affirmation that the requirements have been met. This work will be done on an hourly basis at the rates listed above. Following discussion with the City about any concerns in this area and a detailing of the scope of work, a fee estimate will be provided. If compliance work is ultimately required for an issue or issues,the hourly rates quoted above will apply. Post Issuance Compliance Policy The City has requested assistance developing and implementing a post- issuance compliance policy. If no current policy exists,we can assist with the development of one and barring unusual circumstances,the fee will be$500. If a current policy does exist,we can review it on behalf of the City and,more importantly, discuss how it is being adhered to within the City. This is a good topic for the kick-off meeting suggested in Section 7. Any work requested beyond development of a post-issuance compliance policy will be charged at the hourly rates quoted above. To advance this effort,the first three hours of time needed will be provided without charge. Springsted City or Eden Rairie,Minnesota.Ru sisal to Provide Post issuance Compliance adas«y Services APPENDIX I Resumes Terri Y. Heaton Ms. Heaton joined Springsted Incorporated in May 2002 as a Senior Senior Vice President Vice President, concentrating her efforts as principal advisor to cities and Client Representative counties. She is serving clients in the Midwest, assisting them in attaining CIPFA their financial goals through effective public finance management and economic development,managing operational and structural challenges and developing strong organizational management and human resource teams. Ms. Heaton's primary focus is with metropolitan suburbs and regional centers. Ms. Heaton has over 30 years of experience in local government finance and economic development. She has assisted issuers in developing unique and complex financings using tax increment, abatement, conduit debt,tax credits,Build America Bonds, (BABs), recovery zone facility bonds (RZFBs)and other funding structures for public and private development.Work ranges from the simplest general obligation bond to transactions with layers of funding sources and bonding authorities. Heaton has assisted in the issuance of over 500 bond issues to finance government facilities,roads and streets, utilities, economic development projects,hospitals,theaters, community centers, civic centers, airports,transportation systems and park and recreation amenities. Ms. Heaton previously served as CFO for the City of Bloomington and its Port Authority.As a former client, she understands the local government environment and the importance of high quality,thorough and timely financial advice. Education University of St. Thomas, Saint Paul, Minnesota Master of Business Administration Saint Cloud State University, Saint Cloud,Minnesota Bachelor of Science in Accounting Affiliations National Association of Independent Public Finance Advisors (NAIPFA) Board Member(2010-2012) Vice President(2013-2014) Minnesota Institute of Public Finance. (MIPF) Government Finance Officers Association(GFOA)— National and State Associations League of Minnesota Cities Association of Minnesota Counties Minnesota City/County Management Association Economic Development Association of Minnesota(EDAM) Public Employees Retirement Association(Past President) Professional Certified Public Accountant(inactive license) Certified Independent Public Finance Advisor Kathleen A Aho Ms. Aho joined Springsted in 1990 and has been a principal and president President since 1993. Immediately prior to joining Springsted, she was principal and Client Representative president of Public Financial Systems, Inc. of Minneapolis, a firm that CIPFA merged with Springsted in 1990. In addition to representing her clients, Ms. Aho is responsible for developing new service areas, establishing standards and procedures for Springsted's service delivery and promoting professional development of staff. She has over 30 years of experience as an advisor to the public sector. Interspersed in Ms.Aho's long career providing consulting services to the public sector, she has also developed and marketed computer software to the financial industry. She has served as elected chair of a Minnesota school board, a member of her City's planning commission and worked as business manager of a metropolitan area school district. Ms. Aho frequently speaks on public finance-related issues at national conferences and symposiums and is actively involved in professional organizations that address the needs of the public sector. Among Ms.Aho's professional affiliations, she is an initial member and past president of the National Association of Independent Public Finance Advisors and a Certified Independent Public Finance Advisor (CIPFA). She is a current member and past president of the Minnesota Institute of Public Finance. Education University of Minnesota,Minneapolis Bachelor of Science,Mathematics Practicing Law Institute Securities Related Programs University of Minnesota,Minneapolis Carlson School of Management Affiliations Minnesota Institute of Public Finance— Past President,Board Member 1985-present National Association of Housing and Redevelopment Officials National Association of Local Housing Finance Agencies Government Finance Officers Association National Association of Independent Public Finance Advisors (NAIPFA)—Past President,Board and Professional Member Council for Urban Economic Development Economic Development Association of Minnesota Former member of the Budget and Finance Committee of Ecumen (non-profit senior housing development) Pnlesslonal Certified Independent Public Finance Advisor Successfully sat for Series 7 and Series 66, 1999 Shell!A Ness, CPA Ms.Ness joined Springsted in 2012. Her initial focus will be in the area Vice President of post issuance compliance with Internal Revenue Service regulations as Director of Debt Management they relate to arbitrage. She will assist clients by translating complex tax code into easily understood concepts and guide them in reporting and record keeping requirements. Prior to joining Springsted,Ms.Ness worked as a Controller,where she had overall authority for the financial operation of a privately held organization. Areas of specialty include Cash Management,Financial Analysis,Audit and Compliance. Ms.Ness also has significant experience in the banking and public accounting sectors. She brings over 20 years of experience to Springsted. Education Augsburg College,Minneapolis,Minnesota Bachelor of Arts,Business Administration(Accounting) Affiliations Minnesota Society of Certified Public Accountants Former board member and Treasurer of Community Partnership for Youth and Families Professional Certified Public Accountant, State of Minnesota Kyle R Frase Kyle Frase has been with Springsted since 2012. He has worked in the Financial Analyst bond industry in all facets from issuance to research and trading. Mr. Frase has in-depth experience researching economic trends, financial statements and investment opportunities. He consistently applies business analysis and critical thinking skills to develop new systems and enhance existing operations. Kyle combines the theoretical concepts with real world experience to provide solid decision making with regard to the complex world of tax exempt arbitrage compliance. Prior to joining Springsted,he was the Vice President—Research for Yieldquest Advisors in Atlanta,Georgia where he developed and implemented derivative research and analytical tools providing the ability for firm to claim a core competency in derivative trading. He was accountable for the design of programs to analyze and track foreign exchange, fixed income and derivative investments. He also extensively researched financial statements in order to assess corporate health and determine investment suitability. Education Mississippi State University,Mississippi State,Mississippi Master of Business Administration University of Minnesota,Duluth,Duluth,Minnesota Bachelor of Business Administration—Finance Lora S Martin Ms. Lora Martin has been with Springsted since 2007 and currently Associate Analyst shares her time between the Bond Services and Debt Management Departments as an Associate Analyst. Ms. Martin is responsible for providing support to the Bond Services Analysts by updating and verifying client's debt. In the Debt Management Department, she is responsible for data collection and performing analytics related to arbitrage compliance. She is also available to assist clients with record keeping requirements and compliance with IRS reporting deadlines. Prior to joining Springsted,Ms. Martin worked as an accountant for nine years in the private sector. Education Northern Michigan University,Marquette,Michigan Bachelor of Science Degree in Business Administration— Accounting Theresa "Terry"Kraser As Director of Springsted Investment Advisors ("SIA"),Ms. Kraser is Vice President responsible for delivering investment services to clients nationally. Consultant Services provided include the investment of operating funds and bond proceeds, cash management,policy development, competitive selection of investments and portfolio managers and other consulting engagements related to investment activities. Ms. Kraser bring over 30 years experience in municipal finance,with the last 23 years specializing in cash management and reinvesting bond proceeds for public entities. She has extensive experience in the areas of cash flow analysis, investment concepts and the execution of investment plans. Terry has been involved with investing public funds since 1990. She was the President/Owner of Dominion Capital Group,Inc. She provided advisory services to municipal clients for transactions involving tax-exempt and taxable energy,health care,public education, single-family,multi-family and military housing, transportation, stadiums,urban development and other revenue producing public projects. Ms. Kraser also served as Vice President for Stifel,Nicolaus&Company,Incorporated in Denver, Colorado. Professional Series 65 Registered Investment Advisor Affiliations Denver Urban League—Current Member Public Education and Business Coalition—Mentor Denver Inner-city Christmas Party—Coordinator Gerald H. Sorenson Mr. Sorenson joined Springsted Incorporated in 2007,bringing his in-depth Director of Bond Services knowledge and administration skill sets to our Bond Services Group. As Director,he oversees our team of analysts and administrative support personnel as they prepare Official Statements and conduct bond sales for tax-exempt and taxable financings. Under the direction of Mr. Sorenson,the Bond Services group continues to improve and update Springsted processes and methodologies to respond to ever evolving legal and market requirements. Mr. Sorenson was with the City of Moorhead,Minnesota for 37 years where he was finance director, director of administrative services and assistant and interim city manager. He has a hands-on understanding of the challenges that face our clients. He has overseen Finance Departments and Human Resources Departments, as well as Data Processing and Operations Departments,where he directed the assessment process and fleet management. Subsequent to his work with the City of Moorhead,Mr. Sorenson has provided consulting services to Moorhead and other cities. In 2002,the League of Minnesota Cities honored Mr. Sorenson with the C.C. Ludwig and Leadership Award. This award recognizes one elected official and one municipal employee annually for their leadership and contributions to improving their municipality, improvements to municipal government and leadership and service to their citizens and communities. Education University of Minnesota Moorhead,Moorhead,Minnesota Bachelor of Science degree,with a double major in Accounting and Business Administration Affiliations Certified City Clerk while with the City of Moorhead,Minnesota: Minnesota Government Finance Officers Association International Government Finance Officers Association League of Minnesota Cities Served on the Revenue Resources Committee Vl ndy Olson Ms. Olson is an Associate Bond Services Analyst, focusing on writing Associate Bond Services Analyst disclosure documents to satisfy the requirements of the Securities and Exchange Commission(SEC)and on the legal aspects of bond issuance. She is responsible for compiling,researching and securing all information to write the Official Statement, conducting the competitive sale and compiling sales results and reviewing and editing all legal documents prepared by bond counsel for the closing and settlement of the transaction. Ms. Olson administers Springsted's continuing disclosure program, inclusive of preparing and filing all continuing disclosure documents. She works with general obligation,revenue, lease and conduit financings with an emphasis in Minnesota,Wisconsin,North Dakota, Iowa and Missouri. Ms. Olson has been with Springsted since 1991 as an administrative Assistant,Associate Analyst, and since 2011 as an Analyst. Education U.S. Army, Telecommunications Center Specialist APPENDIX II Sample Arbitrage Report Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,IVN 55101-2887 Springstec Tel: 651-223-3000 Fax: 651-223-3002 wwvv.springsted.com August 12,2013 Ms Sue Vimig, Finance Director Oty of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Arbitrage Compliance-Rebate and Yield Reduction Report Oty of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Dear Nis Vimig: Issuers of tax exempt bonds must oo rply with certain post issuance requirements related to rebate and yield restriction under the IRS Code, Treasury regulations, and related rulings (together, the "Arbitrage Rules"). This Report has been prepared relative to the bonds named above(the"Bonds")and determines if there are any excss earnings liabilities under the Arbitrage Rules for the Reporting Period. The Summary Statement of Findings/Instructions (the "Surirrrary') immediately following this letter is provided for your convenience only and should be considered within the context of the entire Report. Events including, but not United to, the passage of time, additional investment activity, and changes to the Arbitrage Rules that occur after the date of this Report may affect the outcome of subsequent deteminations. This Report relies solely on information provided by the issuer or its designee/s to be a complete and accurate accounting of funds and investment activity required to be tracked under the Arbitrage Rules. Please call Kyle Frase at (651)223-3019 if you have any questions regarding this Report or if you need any additional information. Respectfully submitted, spn h/i,G1St-ea llrl,Gn-porat-ea SPRI NGSTED Incorporated Endosure(s) Arbitrage Compliance—Rebate and Yield Reduction Report Summary Statement of Findings/Instructions Issuer: City of Golden Valley, IVinnesota Issue: $6,680,000 General Obligation Improvement Bonds, Series 2008A Dated Date: June 15,2008 Date of Issue: June 26,2008 Date of this report: August 12,2013 Reporting Period: June 26,2008 through and including June 26, 2013 Type of Computation: Formal Corrputation Date(liability, if any, must be paid) Excess Earnings: There are no excess earnings as of the end of this Reporting Period and no payment is due at this time. Important Dates: You have requested that calculations be done every five years. Payment of excess earnings, if any, is only required to be made on five year computation dates, upon maturity or early redemption. In the event that an excess earnings determination is made in the future, a payment on this issue will be due no later than the earlier of i) 60 days from June 26, 2018 or ii)60 days from the date of redemption if the Bonds are paid in full in advance of their maturity. Unless we are otherwise notified by you of an early redemption,the next calculation for this transaction is scheduled for June 26,2018. See the balance of this report for the details of this determination. ® Springsted Page 1of4 Arbitrage Compliance—Rebate and Yield Reduction Report Table of Contents BOND YIELD 3 FUNDS AND ACCOUNTS 3 ORIGINAL PROCEEDS 3 24-Month Spending Exception 3 DEBT SERVICE FUND 4 Bona Fide Debt Service Fund 4 SUIVIVIARY—EXCESS EARNINGS DE ERMNAIION AND PAYMENT OBIJGAIION 4 No Liability 4 ADDITIONAL INFORMATION 4 © Springsted Page 2of4 Arbitrage Compliance—Rebate and Yield Reduction Report Discussion Bond Yield This report contains a schedule demonstrating the derivation of the Bond Yield. The Bond Yield has been determined to be not less than 4.1050041%. Funds and Accounts The Arbitrage Rules require tracking of investments and expenditures of various defined "proceeds" of the Bonds, including but not limited to the original proceeds, funds established for the payment of debt service, a debt service reserve fund or other funds pledged to the Bonds, and the investment earnings on any such amounts. The funds and accounts reported for this determination include the following: Fund or Account Report Discussion Section Project or Construction Original Proceeds Debt Service Debt Service Fund Original Proceeds 24-Month Spending Exception: The Arbitrage Rules provide an exception from the rebate requirements for available construction proceeds if at least 75%of such proceeds are used for construction purposcs and if such proceeds are allocated to expenditures for a govemrrental purpose of the issue in accordance with the following spending criteria: (a) At least 10%of the available construction proceeds were spent within six months after the Date of Issue; (b) 45%of such proceeds were spent within one year; (c) 75%of such proceeds were spent within 18 months; and (d) 100%of such proceeds were spent within two years. The 100% expenditure requirement within two years is treated as met if a reasonable retainage amount, not to exceed 5%, is spent within three years after the Date of Issue. During the Reporting Period, available gross proceeds of the Issue allocated to expenditures for a governmental purpose were expended in accordance with the spending criteria above. Therefore, the Issue qualifies for the 24- rronth spending exception and has been excluded from the excess earnings calculations for rebate. © Springsted Page 3of4 Debt Service Fund A bona fide debt service fund is a fund or combination of funds that are used primarily to achieve a proper r11alching of revenues with debt service payments due within each bond year. It must be depleted once a year except for a carryover amount that may not exceed the greater of i)the earnings on the fund for the immediately preceding year or ii) 1/12 of the principal and interest due in the immediately preceding year. A bona fide debt service fund is not subject to yield restriction. In addition, if the fund is bona fide and earnings on the fund do not exceed$100,000 for the bond year,the fund is not subject to rebate. An issue with an average annual debt service that is not in excess of $2,500,000 may be treated as satisfying the$100,000 limitation. Any issues with an average maturity of at least five years, having rates of interest that do not vary and are not comprised of any private activity bonds, are not subject to the$100,000 limitation. Anvunts to be used for debt service which are not part of a bona fide debt service fund are subject to the Arbitrage Rules. During the Reporting Period, the debt service fund(s)was not reduced annually to a reasonable carryover amount; however, the yield on the investment of moneys in the debt service fund did not exceed the Bond Yield. The actualized yield on the debt service fund has been computed and is in an attached report. Summary—Excess Earnings Determination and Payment Obligation No Liability: VVe have determined that during the Reporting Period, no liability exists. Additional Information VVe have limited our work to the performance of the required arbitrage calculations and relied solely on the correctness and completeness of the information provided by the Issuer directly or through its designee. The information received indudes: • Investment activity as reported by the Issuer Important Dates: You have requested that calculations be done every five years. Payment of excess earnings, if any, is only required to be made on five year computation dates, upon maturity or early redemption. In the event that an excess earnings determination is made in the future, a payment on this issue will be due no later than the earlier of i) 60 days from June 26, 2018 or ii)60 days from the date of redemption if the Bonds are paid in full in advance of their maturity. Unless we are otherwise notified by you of an early redemption,the next calculation for this transaction is scheduled for June 26,2018. Springsted Page4of4 $6,680,000 City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2008A Issue Summary Proof Of Bond Yield @ 4.1050041 Date Cashflow PV Factor Present Value Cumulative PV 11111176726/2008 - 1.0000000x - - 02/01/2009 175,306.94 0.9760243x 171,103.84 171,103.84 08/01/2009 139,625.00 0.9563943x 133,536.55 304,640.39 02/01/2010 139,625.00 0.9371591x 130,850.84 435,491.23 08/01/2010 139,625.00 0.9183107x 128,219.14 563,710.36 02/01/2011 139,625.00 0.8998415x 125,640.37 689,350.73 08/01/2011 139,625.00 0.8817437x 123,113.46 812,464.19 02/01/2012 139,625.00 0.8640098x 120,637.37 933,101.56 08/01/2012 139,625.00 0.8466327x 118,211.09 1,051,312.65 02/01/2013 139,625.00 0.8296050x 115,833.60 1,167,146.26 08/01/2013 139,625.00 0.8129198x 113,503.93 1,280,650.19 02/01/2014 194,625.00 0.7965702x 155,032.48 1,435,682.67 08/01/2014 138,662.50 0.7805494x 108,232.93 1,543,915.60 02/01/2015 203,662.50 0.7648508x 155,771.43 1,699,687.03 08/01/2015 137,525.00 0.7494680x 103,070.59 1,802,757.62 02/01/2016 207,525.00 0.7343945x 152,405.23 1,955,162.85 08/01/2016 136,300.00 0.7196242x 98,084.78 2,053,247.63 02/01/2017 206,300.00 0.7051510x 145,472.65 2,198,720.28 08/01/2017 134,987.50 0.6909688x 93,272.16 2,291,992.44 02/01/2018 209,987.50 0.6770719x 142,176.64 2,434,169.08 08/01/2018 133,581.25 0.6634545x 88,625.08 2,522,794.16 02/01/2019 323,581.25 0.6501110x 210,363.72 2,733,157.88 08/01/2019 129,781.25 0.6370358x 82,675.30 2,815,833.18 02/01/2020 324,781.25 0.6242236x 202,736.12 3,018,569.30 08/01/2020 125,881.25 0.6116691x 76,997.67 3,095,566.97 02/01/2021 325,881.25 0.5993671x 195,322.48 3,290,889.45 08/01/2021 121,881.25 0.5873125x 71,582.38 3,362,471.83 02/01/2022 326,881.25 0.5755003x 188,120.26 3,550,592.09 08/01/2022 117,781.25 0.5639257x 66,419.88 3,617,011.96 02/01/2023 327,781.25 0.5525839x 181,126.65 3,798,138.61 08/01/2023 113,581.25 0.5414702x 61,500.87 3,859,639.47 02/01/2024 1,173,581.25 0.5305801x 622,678.81 4,482,318.29 08/01/2024 91,056.25 0.5199089x 47,340.96 4,529,659.24 02/01/2025 1,156,056.25 0.5094524x 588,955.63 5,118,614.87 08/01/2025 68,425.00 0.4992062x 34,158.18 5,152,773.06 02/01/2026 1,138,425.00 0.4891660x 556,878.85 5,709,651.90 08/01/2026 45,687.50 0.4793278x 21,899.29 5,731,551.19 02/01/2027 1,120,687.50 0.4696875x 526,372.89 6,257,924.08 08/01/2027 22,843.75 0.4602410x 10,513.63 6,268,437.71 02/01/2028 1,097,843.75 0.4509846x 495,110.58 6,763,548.29 Total $11,287,506.94 - $6,763,548.29 - Derivation Of Target Amount Par Amount of Bonds $6,680,000.00 Reoffering Premium or(Discount) 75,015.65 Accrued Interest from 06/15/2008 to 06/26/2008 8,532.64 Original Issue Proceeds $6,763,548.29 2008A-Improvement Bonds/Issue Summary/ 6/3/2008/ 11:58AM Springsted City of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Two Year Spending Exception - Reasonable Expectations Test Reasonable Actual Expenditure Total Date Percentage Expectations Results Requirement Expenditures Pass/Fail Closing Date 6/26/2008 Six Month Test 12/26/2008 10% $656,169.00 $656,169.00 $5,321,640.37 Pass Twelve Month Test 6/26/2009 45% $2,952,760.50 $2,952,760.50 $5,433,440.32 Pass Eighteen Month Test 12/26/2009 75% $4,921,267.50 $4,921,267.50 $5,520,154.11 Pass Two Year Test 6/26/2010 100% $6,641,889.44 $6,641,889.44 $6,641,889.44 Pass Estimate Actual Par Amount of Bonds $6,680,000.00 $6,680,000.00 Reoffering Premium $75,015.65 $75,015.65 Accrued Interest $8,532.64 $8,532.64 Issue Price $6,763,548.29 $6,763,548.29 Costs of Issuance (Including Underwriter's Discount) ($86,161.25) ($86,161.25) Deposit to Bona Fide Debt Service Fund ($115,697.04) ($115,697.04) Actual Interest Earnings - Construction Account _ $80,199.44 Available Construction Proceeds $6,561,690.00 $6,641,889.44 Springsted City of Golden Valley, Minnesota $6,680,000 General Obligation Improvement Bonds, Series 2008A Future Value Report for Debt Service Fund Future Value as of June 26, 2013 Yield on Account: 1.0347504041% Annual Compoundings: 2 Future Value Total: $0.00 (Receipts)& Date Disbursements _ Factor Future Value 6/26/2008 ($6,600.00) 1.0529588373 ($6,949.53) 7/31/2008 ($4,400.00) 1.0519329711 ($4,628.51) 9/12/2008 ($10,872.00) 1.0506671044 ($11,422.85) 10/18/2008 ($96,120.80) 1.0495832883 ($100,886.79) 11/24/2008 ($364,771.29) 1.0485005903 ($382,462.91) 12/31/2008 ($117,959.52) 1.0474190090 ($123,553.04) 2/1/2009 $175,306.94 1.0464885415 $183,456.70 2/28/2009 ($3,986.99) 1.0456188524 ($4,168.87) 3/31/2009 ($1,582.00) 1.0447199347 ($1,652.75) 4/30/2009 $279.00 1.0438217897 $291.23 5/31/2009 ($127,430.49) 1.0429244169 ($132,900.37) 7/31/2009 $36,949.56 1.0411319850 $38,469.37 8/6/2009 ($3,987.00) 1.0409529113 ($4,150.28) 10/18/2009 ($3,987.00) 1.0388064282 ($4,141.72) 11/24/2009 ($15,948.00) 1.0377348469 ($16,549.80) 12/31/2009 ($14,483.59) 1.0366643711 ($15,014.62) 2/28/2010 $139,625.00 1.0348826981 $144,495.50 3/31/2010 $425.00 1.0339930102 $439.45 5/1/2010 ($3,544.00) 1.0330744696 ($3,661.22) 7/10/2010 ($101,682.14) 1.0310329042 ($104,837.63) 8/10/2010 $139,889.00 1.0301465260 $144,106.17 10/10/2010 ($8,848.00) 1.0283760549 ($9,099.07) 12/10/2010 ($107,383.89) 1.0266086266 ($110,241.23) 1/11/2011 $200.00 1.0256966459 $205.14 2/11/2011 $139,625.00 1.0248148552 $143,089.77 4/11/2011 ($2,676.00) 1.0230535475 ($2,737.69) 5/11/2011 $258.00 1.0221740291 $263.72 6/11/2011 ($3,101.00) 1.0212952668 ($3,167.04) 7/11/2011 ($105,662.72) 1.0204172600 ($107,820.06) 8/11/2011 $139,625.00 1.0195400080 $142,353.27 9/11/2011 $200.00 1.0186635102 $203.73 11/11/2011 ($35,990.06) 1.0169127746 ($36,598.75) 12/10/2011 ($102,066.11) 1.0160676646 ($103,706.07) 2/11/2012 $139,625.00 1.0142923111 $141,620.56 3/11/2012 ($2,233.00) 1.0134203248 ($2,262.97) 4/11/2012 ($2,658.00) 1.0125490881 ($2,691.36) 6/11/2012 $246.00 1.0108088610 $248.66 7/11/2012 ($96,305.11) 1.0099398694 ($97,262.37) 8/11/2012 $136,967.00 1.0090716248 $138,209.51 9/11/2012 ($7,798.94) 1.0082041266 ($7,862.92) 10/11/2012 ($2,658.00) 1.0073373743 ($2,677.50) 11/11/2012 ($7,974.00) 1.0064713671 ($8,025.60) 12/12/2012 $157,210.95 1.0055772751 $158,087.76 1/13/2013 ($54,754.88) 1.0046839774 ($55,011.35) 2/13/2013 ($137,410.00) 1.0038202513 ($137,934.94) 3/13/2013 $1,790.00 1.0029572678 $1,795.29 5/13/2013 $2,215.00 1.0012335258 $2,217.73 6/26/2013 $364,526.24 1.0000000000 $364,526.24 TOTAL $20,088.16 $0.00 APPENDIX III Sample of Continuing Disclosure Vuork City of Golden Valley, NN 2011 Annual Report CUSIP#: 381244 General Obligation Dated Date Maturity Date Amount Issue name 7/1/2004 2/1/2019 $4,785,000 General Obligation Tax Abatement Bonds,Series 2004B 7/1/2004 2/1/2019 $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2004C CUSIP#: 381246 General Obligation Dated Date Maturity Date Amount Issue name Scheduled for call 2/1/2005 2/1/2015 $1,465,000 Ceneral Obligation Tax Increment Refunding Bonds,Series 2005A 2/1/2005 2/1/2015 $4,575,000 Taxable Ceneral Obligation Tax Increment Refunding Bonds,Series 2005B 6/1/2005 2/1/2025 $5,990,000 General Obligation Improvement Bonds,Series 2005C 2-1-2015 1/1/2006 2/1/2015 $11,935,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2006A 7/1/2006 2/1/2026 $7,320,000 General Obligation Improvement Bonds,Series 2006B 7/1/2006 2/1/2021 $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2006C 3/15/2007 4/1/2027 $2,560,000 General Cbligation State Aid Street Bonds,Series 2007A 6/15/2007 2/1/2027 $4,105,000 General Obligation Improvement Bonds,Series 2007C 6/15/2008 2/1/2028 $6,680,000 General Obligation Improvement Bonds,Series 2008A 5/1/2009 2/1/2029 $7,305,000 General Obligation Improvement Bonds,Series 2009A 5/1/2009 2/1/2013 $750,000 General Cbligation Equipment Certificates of Indebtedness,Series 2009B 5/1/2009 2/1/2016 $4,880,000 General Obligation Improvement Refunding Bonds,Series 2009C 8/19/2009 2/1/2018 $5,465,000 General Obligation Improvement Refunding Bonds,Series 2009D 6/15/2010 2/1/2030 $3,845,000 General Obligation Improvement Bonds,Series 2010A 6/15/2010 2/1/2014 $685,000 General Obligation Equipment Certificates of Indebtedness,Series 2010B 5/15/2011 2/1/2031 $1,840,000 General Obligation Improvement Bonds,Series 2011A 5/15/2011 2/1/2015 $655,000 General Obligation Equipment Certificates of Indebtedness,Series 2011B 5/15/2011 2/1/2019 $4,870,000 General Obligation Improvement Refunding Bonds,Series 2011C 5/15/2012 2/1/2032 $1,575,000 General Obligation Improvement Bonds,Series 2012A 5/15/2012 2/1/2016 $725,000 General Obligation Equipment Certificates of Indebtedness,Series 2012B 5/15/2012 2/1/2025 $5,960,000 General Obligation Improvement Refunding Bonds,Series 2012C The atys December 31, 2011 Comprehensive Annual Financial Report contains Oty Property Values, Oty Indebtedness, and Oty Tax Rates, Levies and Collections as required for Continuing Disdosure filing. ® Springsted Issuer Contact Information: Springsted Incorporated Name: Sue Vimig 380 Jackson Street, Suite 300 Title: Finance Director Saint Paul,IVN 55101-2887 Employer: Oty of Golden Valley Tel: 651-223-3000 Andress: 7800 Golden Valley Road Fax: 651-223-3002 Oty,State,Zp: Golden Valley,NN 55427-4588 vvww.sp.i ed. com Telephone: 763.593.8010 Email Address: svimigkldldenvalleymn.gov Issuer Vuebsite Address: http://www.goldenvalleyrm.gov Client#:001108 1� .o by Kate Larson,2011 Views of the Valley 4. • N. toe . , k . . idir IIAt4... r 4 ki ' / 1 , t \ .. go . /1 )101.1.t OM L., . it 111111111)111 city of golden valley Comprehensive Annual Financial Report For the Fiscal Year December 31, 2011 • Golden Valley, Minnesota From: Wendy Olson To: svirnig(Noldenvalleymn.gov; David MacGillivray Subject: Golden Valley(City of), MN-2011 Annual Report filed-Published Submission Confirmation Date: Monday,October 22,2012 1:36:38 PM Attachments: 2011 AR&CAFR cover.pdf Sue, At the time of issuance, the City entered into continuing disclosure agreements with the purchasers to provide certain information annually. You have contracted with Springsted Inc. as your dissemination agent to file continuing disclosure on your behalf. This email contains the cover for the City's Comprehensive Annual Financial Report (entire report filed on EMMA), and the receipt which lists by cusip the issues filed on. If you have any questions, do not hesitate to contact me. Thank you Wendy Olson Bond Services Analyst Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, Minnesota 55101-2887 651-223-3060 651-268-5060 Fax wolson@springsted.com Visit us on the web at www.springsted.com This communication is confidential and intended for the addressee only. If you are not the intended recipient, please notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. Dissemination, distribution, copying and/or other use of the information contained in this communication is strictly prohibited. Original Message From: EMMANotifications@msrb.org [mailto:EMMANotifications@msrb.org] Sent: Monday, October 22, 2012 1:40 PM To: Wendy Olson Subject: Published Submission Confirmation Your Continuing Disclosure Submission has been published. SubmissionId: EP576349 Disclosure Type: FINANCIAL/OPERATING FILING Annual Financial Information and Operating Data (Rule 15c2-12): 2011 Annual Report &CAFR for the year ended 12/31/2011 Document Name: Financial Operating Filing dated 10/22/2012 2011 AR &CAFR.pdf posted 10/22/2012 2:30:00 PM The following Issuers are associated with this Continuing Disclosure Submission: CUSIP6 State Issuer Name 381244 MN GOLDEN VALLEY MINN 381246 MN GOLDEN VALLEY MINN The following 261 Securities have been published with this Continuing Disclosure Submission: Security: CUSIP - 3812447M8, Maturity Date - 02/01/2005 Security: CUSIP - 3812447N6, Maturity Date - 02/01/2006 Security: CUSIP - 3812447P1, Maturity Date - 02/01/2007 Security: CUSIP - 3812447Q9, Maturity Date - 02/01/2008 Security: CUSIP - 3812447R7, Maturity Date - 02/01/2009 Security: CUSIP - 3812447S5, Maturity Date - 02/01/2010 Security: CUSIP - 3812447T3, Maturity Date - 02/01/2011 Security: CUSIP - 3812447U0, Maturity Date - 02/01/2012 Security: CUSIP - 3812447V8, Maturity Date - 02/01/2013 Security: CUSIP - 3812447W6, Maturity Date - 02/01/2014 Security: CUSIP - 3812447X4, Maturity Date - 02/01/2015 Security: CUSIP - 3812447Y2, Maturity Date - 02/01/2016 Security: CUSIP - 3812447Z9, Maturity Date - 02/01/2017 Security: CUSIP - 3812448A3, Maturity Date - 02/01/2018 Security: CUSIP - 381244861, Maturity Date - 02/01/2019 Security: CUSIP - 3812448C9, Maturity Date - 02/01/2005 Security: CUSIP - 3812448D7, Maturity Date - 02/01/2006 Security: CUSIP - 3812448E5, Maturity Date - 02/01/2007 Security: CUSIP - 3812448F2, Maturity Date - 02/01/2008 Security: CUSIP - 3812448G0, Maturity Date - 02/01/2009 Security: CUSIP - 3812448H8, Maturity Date - 02/01/2010 Security: CUSIP - 381244834, Maturity Date - 02/01/2011 Security: CUSIP - 3812448K1, Maturity Date - 02/01/2012 Security: CUSIP - 3812448L9, Maturity Date - 02/01/2013 Security: CUSIP - 3812448M7, Maturity Date - 02/01/2014 Security: CUSIP - 3812448N5, Maturity Date - 02/01/2015 Security: CUSIP - 3812448P0, Maturity Date - 02/01/2016 Security: CUSIP - 3812448Q8, Maturity Date - 02/01/2017 Security: CUSIP - 3812448R6, Maturity Date - 02/01/2018 Security: CUSIP - 3812448S4, Maturity Date - 02/01/2019 Security: CUSIP - 381246AA5, Maturity Date - 02/01/2008 Security: CUSIP - 381246AB3, Maturity Date - 02/01/2009 Security: CUSIP - 381246AC1, Maturity Date - 02/01/2010 Security: CUSIP - 381246AD9, Maturity Date - 02/01/2011 Security: CUSIP - 381246AE7, Maturity Date - 02/01/2012 Security: CUSIP - 381246AF4, Maturity Date - 02/01/2013 Security: CUSIP - 381246AG2, Maturity Date - 02/01/2014 Security: CUSIP - 381246AH0, Maturity Date - 02/01/2015 Security: CUSIP - 381246AJ6, Maturity Date - 02/01/2008 Security: CUSIP - 381246AK3, Maturity Date - 02/01/2009 Security: CUSIP - 381246AL1, Maturity Date - 02/01/2010 Security: CUSIP - 381246AM9, Maturity Date - 02/01/2011 Security: CUSIP - 381246AN7, Maturity Date - 02/01/2012 Security: CUSIP - 381246AP2, Maturity Date - 02/01/2013 Security: CUSIP - 381246AQ0, Maturity Date - 02/01/2014 Security: CUSIP - 381246AR8, Maturity Date - 02/01/2015 Security: CUSIP - 381246AS6, Maturity Date - 02/01/2011 Security: CUSIP - 381246AT4, Maturity Date - 02/01/2012 Security: CUSIP - 381246AU1, Maturity Date - 02/01/2013 Security: CUSIP - 381246AV9, Maturity Date - 02/01/2014 Security: CUSIP - 381246AW7, Maturity Date - 02/01/2015 Security: CUSIP - 381246AX5, Maturity Date - 02/01/2016 Security: CUSIP - 381246AY3, Maturity Date - 02/01/2017 Security: CUSIP - 381246AZ0, Maturity Date - 02/01/2018 Security: CUSIP - 381246BA4, Maturity Date - 02/01/2019 Security: CUSIP - 381246BB2, Maturity Date - 02/01/2020 Security: CUSIP - 381246BC0, Maturity Date - 02/01/2021 Security: CUSIP - 381246BD8, Maturity Date - 02/01/2022 Security: CUSIP - 381246BE6, Maturity Date - 02/01/2023 Security: CUSIP - 381246BF3, Maturity Date - 02/01/2024 Security: CUSIP - 381246BG1, Maturity Date - 02/01/2025 Security: CUSIP - 381246BL0, Maturity Date - 02/01/2007 Security: CUSIP - 381246BM8, Maturity Date - 02/01/2008 Security: CUSIP - 381246BN6, Maturity Date - 02/01/2009 Security: CUSIP - 381246BP1, Maturity Date - 02/01/2010 Security: CUSIP - 381246BQ9, Maturity Date - 02/01/2011 Security: CUSIP - 381246BR7, Maturity Date - 02/01/2012 Security: CUSIP - 381246BS5, Maturity Date - 02/01/2013 Security: CUSIP - 381246BT3, Maturity Date - 02/01/2014 Security: CUSIP - 381246BU0, Maturity Date - 02/01/2015 Security: CUSIP - 381246BV8, Maturity Date - 02/01/2012 Security: CUSIP - 381246BW6, Maturity Date - 02/01/2013 Security: CUSIP - 381246BX4, Maturity Date - 02/01/2014 Security: CUSIP - 381246BY2, Maturity Date - 02/01/2015 Security: CUSIP - 381246BZ9, Maturity Date - 02/01/2016 Security: CUSIP - 381246CA3, Maturity Date - 02/01/2017 Security: CUSIP - 381246CB1, Maturity Date - 02/01/2018 Security: CUSIP - 381246CC9, Maturity Date - 02/01/2019 Security: CUSIP - 381246CD7, Maturity Date - 02/01/2020 Security: CUSIP - 381246CE5, Maturity Date - 02/01/2021 Security: CUSIP - 381246CF2, Maturity Date - 02/01/2022 Security: CUSIP - 381246CG0, Maturity Date - 02/01/2023 Security: CUSIP - 381246CH8, Maturity Date - 02/01/2024 Security: CUSIP - 381246CJ4, Maturity Date - 02/01/2025 Security: CUSIP - 381246CK1, Maturity Date - 02/01/2026 Security: CUSIP - 381246CL9, Maturity Date - 02/01/2007 Security: CUSIP - 381246CM7, Maturity Date - 02/01/2008 Security: CUSIP - 381246CN5, Maturity Date - 02/01/2009 Security: CUSIP - 381246CP0, Maturity Date - 02/01/2010 Security: CUSIP - 381246CQ8, Maturity Date - 02/01/2011 Security: CUSIP - 381246CR6, Maturity Date - 02/01/2012 Security: CUSIP - 381246CS4, Maturity Date - 02/01/2013 Security: CUSIP - 381246CT2, Maturity Date - 02/01/2014 Security: CUSIP - 381246CU9, Maturity Date - 02/01/2015 Security: CUSIP - 381246CV7, Maturity Date - 02/01/2016 Security: CUSIP - 381246CX3, Maturity Date - 02/01/2018 Security: CUSIP - 381246DA2, Maturity Date - 02/01/2021 Security: CUSIP - 381246DE4, Maturity Date - 04/01/2008 Security: CUSIP - 381246DF1, Maturity Date - 04/01/2009 Security: CUSIP - 381246DG9, Maturity Date - 04/01/2010 Security: CUSIP - 381246DH7, Maturity Date - 04/01/2011 Security: CUSIP - 381246DJ3, Maturity Date - 04/01/2012 Security: CUSIP - 381246DK0, Maturity Date - 04/01/2013 Security: CUSIP - 381246DL8, Maturity Date - 04/01/2014 Security: CUSIP - 381246DM6, Maturity Date - 04/01/2015 Security: CUSIP - 381246DN4, Maturity Date - 04/01/2016 Security: CUSIP - 381246DP9, Maturity Date - 04/01/2017 Security: CUSIP - 381246DQ7, Maturity Date - 04/01/2018 Security: CUSIP - 381246DR5, Maturity Date - 04/01/2019 Security: CUSIP - 381246DS3, Maturity Date - 04/01/2020 Security: CUSIP - 381246DT1, Maturity Date - 04/01/2021 Security: CUSIP - 381246DU8, Maturity Date - 04/01/2022 Security: CUSIP - 381246DV6, Maturity Date - 04/01/2023 Security: CUSIP - 381246DW4, Maturity Date - 04/01/2024 Security: CUSIP - 381246DX2, Maturity Date - 04/01/2025 Security: CUSIP - 381246DY0, Maturity Date - 04/01/2026 Security: CUSIP - 381246DZ7, Maturity Date - 04/01/2027 Security: CUSIP - 381246ED5, Maturity Date - 02/01/2013 Security: CUSIP - 381246EE3, Maturity Date - 02/01/2014 Security: CUSIP - 381246EF0, Maturity Date - 02/01/2015 Security: CUSIP - 381246EG8, Maturity Date - 02/01/2016 Security: CUSIP - 381246EH6, Maturity Date - 02/01/2017 Security: CUSIP - 381246E32, Maturity Date - 02/01/2018 Security: CUSIP - 381246EK9, Maturity Date - 02/01/2019 Security: CUSIP - 381246EL7, Maturity Date - 02/01/2020 Security: CUSIP - 381246EM5, Maturity Date - 02/01/2021 Security: CUSIP - 381246EN3, Maturity Date - 02/01/2022 Security: CUSIP - 381246EP8, Maturity Date - 02/01/2023 Security: CUSIP - 381246EQ6, Maturity Date - 02/01/2024 Security: CUSIP - 381246ET0, Maturity Date - 02/01/2027 Security: CUSIP - 381246EU7, Maturity Date - 02/01/2014 Security: CUSIP - 381246EV5, Maturity Date - 02/01/2015 Security: CUSIP - 381246EW3, Maturity Date - 02/01/2016 Security: CUSIP - 381246EX1, Maturity Date - 02/01/2017 Security: CUSIP - 381246EY9, Maturity Date - 02/01/2018 Security: CUSIP - 381246EZ6, Maturity Date - 02/01/2019 Security: CUSIP - 381246FA0, Maturity Date - 02/01/2020 Security: CUSIP - 381246FB8, Maturity Date - 02/01/2021 Security: CUSIP - 381246FC6, Maturity Date - 02/01/2022 Security: CUSIP - 381246FD4, Maturity Date - 02/01/2023 Security: CUSIP - 381246FE2, Maturity Date - 02/01/2024 Security: CUSIP - 381246FF9, Maturity Date - 02/01/2025 Security: CUSIP - 381246FG7, Maturity Date - 02/01/2026 Security: CUSIP - 381246FH5, Maturity Date - 02/01/2027 Security: CUSIP - 381246FJ1, Maturity Date - 02/01/2028 Security: CUSIP - 381246FK8, Maturity Date - 02/01/2010 Security: CUSIP - 381246FL6, Maturity Date - 02/01/2011 Security: CUSIP - 381246FM4, Maturity Date - 02/01/2012 Security: CUSIP - 381246FN2, Maturity Date - 02/01/2011 Security: CUSIP - 381246FP7, Maturity Date - 02/01/2012 Security: CUSIP - 381246FQ5, Maturity Date - 02/01/2013 Security: CUSIP - 381246FR3, Maturity Date - 02/01/2014 Security: CUSIP - 381246FS1, Maturity Date - 02/01/2015 Security: CUSIP - 381246FT9, Maturity Date - 02/01/2017 Security: CUSIP - 381246FU6, Maturity Date - 02/01/2018 Security: CUSIP - 381246FV4, Maturity Date - 02/01/2019 Security: CUSIP - 381246FW2, Maturity Date - 02/01/2020 Security: CUSIP - 381246FX0, Maturity Date - 02/01/2021 Security: CUSIP - 381246FY8, Maturity Date - 02/01/2022 Security: CUSIP - 381246FZ5, Maturity Date - 02/01/2023 Security: CUSIP - 381246GA9, Maturity Date - 02/01/2024 Security: CUSIP - 381246GB7, Maturity Date - 02/01/2025 Security: CUSIP - 381246GC5, Maturity Date - 02/01/2026 Security: CUSIP - 381246GD3, Maturity Date - 02/01/2027 Security: CUSIP - 381246GE1, Maturity Date - 02/01/2028 Security: CUSIP - 381246GF8, Maturity Date - 02/01/2029 Security: CUSIP - 381246GG6, Maturity Date - 02/01/2011 Security: CUSIP - 381246GH4, Maturity Date - 02/01/2012 Security: CUSIP - 381246GJ0, Maturity Date - 02/01/2013 Security: CUSIP - 381246GK7, Maturity Date - 02/01/2011 Security: CUSIP - 381246GL5, Maturity Date - 02/01/2012 Security: CUSIP - 381246GM3, Maturity Date - 02/01/2013 Security: CUSIP - 381246GN1, Maturity Date - 02/01/2014 Security: CUSIP - 381246GP6, Maturity Date - 02/01/2015 Security: CUSIP - 381246GQ4, Maturity Date - 02/01/2016 Security: CUSIP - 381246GR2, Maturity Date - 02/01/2012 Security: CUSIP - 381246GS0, Maturity Date - 02/01/2013 Security: CUSIP - 381246GT8, Maturity Date - 02/01/2014 Security: CUSIP - 381246GU5, Maturity Date - 02/01/2015 Security: CUSIP - 381246GV3, Maturity Date - 02/01/2016 Security: CUSIP - 381246GW1, Maturity Date - 02/01/2017 Security: CUSIP - 381246GX9, Maturity Date - 02/01/2018 Security: CUSIP - 381246GY7, Maturity Date - 02/01/2012 Security: CUSIP - 381246GZ4, Maturity Date - 02/01/2013 Security: CUSIP - 381246HA8, Maturity Date - 02/01/2016 Security: CUSIP - 381246HB6, Maturity Date - 02/01/2017 Security: CUSIP - 381246HC4, Maturity Date - 02/01/2018 Security: CUSIP - 381246HD2, Maturity Date - 02/01/2019 Security: CUSIP - 381246HE0, Maturity Date - 02/01/2020 Security: CUSIP - 381246HF7, Maturity Date - 02/01/2021 Security: CUSIP - 381246HG5, Maturity Date - 02/01/2022 Security: CUSIP - 381246HH3, Maturity Date - 02/01/2023 Security: CUSIP - 381246HJ9, Maturity Date - 02/01/2026 Security: CUSIP - 381246HK6, Maturity Date - 02/01/2027 Security: CUSIP - 381246HL4, Maturity Date - 02/01/2028 Security: CUSIP - 381246HM2, Maturity Date - 02/01/2029 Security: CUSIP - 381246HN0, Maturity Date - 02/01/2030 Security: CUSIP - 381246HP5, Maturity Date - 02/01/2012 Security: CUSIP - 381246HQ3, Maturity Date - 02/01/2013 Security: CUSIP - 381246HR1, Maturity Date - 02/01/2014 Security: CUSIP - 381246HS9, Maturity Date - 02/01/2013 Security: CUSIP - 381246HT7, Maturity Date - 02/01/2014 Security: CUSIP - 381246HU4, Maturity Date - 02/01/2015 Security: CUSIP - 381246HV2, Maturity Date - 02/01/2016 Security: CUSIP - 381246HW0, Maturity Date - 02/01/2017 Security: CUSIP - 381246HX8, Maturity Date - 02/01/2018 Security: CUSIP - 381246HY6, Maturity Date - 02/01/2019 Security: CUSIP - 381246HZ3, Maturity Date - 02/01/2020 Security: CUSIP - 381246JA6, Maturity Date - 02/01/2021 Security: CUSIP - 381246JB4, Maturity Date - 02/01/2022 Security: CUSIP - 381246JC2, Maturity Date - 02/01/2023 Security: CUSIP - 381246JD0, Maturity Date - 02/01/2024 Security: CUSIP - 381246JE8, Maturity Date - 02/01/2025 Security: CUSIP - 381246JF5, Maturity Date - 02/01/2026 Security: CUSIP - 381246JG3, Maturity Date - 02/01/2027 Security: CUSIP - 381246JH1, Maturity Date - 02/01/2028 Security: CUSIP - 381246337, Maturity Date - 02/01/2029 Security: CUSIP - 381246JK4, Maturity Date - 02/01/2030 Security: CUSIP - 38124612, Maturity Date - 02/01/2031 Security: CUSIP - 381246JM0, Maturity Date - 02/01/2013 Security: CUSIP - 381246JN8, Maturity Date - 02/01/2014 Security: CUSIP - 381246JP3, Maturity Date - 02/01/2015 Security: CUSIP - 381246JQ1, Maturity Date - 02/01/2013 Security: CUSIP - 381246JR9, Maturity Date - 02/01/2014 Security: CUSIP - 381246JS7, Maturity Date - 02/01/2015 Security: CUSIP - 381246JT5, Maturity Date - 02/01/2016 Security: CUSIP - 381246JU2, Maturity Date - 02/01/2017 Security: CUSIP - 381246JV0, Maturity Date - 02/01/2018 Security: CUSIP - 381246JW8, Maturity Date - 02/01/2019 Security: CUSIP - 381246JX6, Maturity Date - 02/01/2014 Security: CUSIP - 381246JY4, Maturity Date - 02/01/2015 Security: CUSIP - 381246JZ1, Maturity Date - 02/01/2016 Security: CUSIP - 381246KA4, Maturity Date - 02/01/2017 Security: CUSIP - 381246KB2, Maturity Date - 02/01/2018 Security: CUSIP - 381246KCO3 Maturity Date - 02/01/2019 Security: CUSIP - 381246KD8, Maturity Date - 02/01/2020 Security: CUSIP - 381246KE6, Maturity Date - 02/01/2021 Security: CUSIP - 381246KF3, Maturity Date - 02/01/2022 Security: CUSIP - 381246KG1, Maturity Date - 02/01/2023 Security: CUSIP - 381246KH9, Maturity Date - 02/01/2024 Security: CUSIP - 381246KJ5, Maturity Date - 02/01/2025 Security: CUSIP - 381246KK2, Maturity Date - 02/01/2026 Security: CUSIP - 381246KL0, Maturity Date - 02/01/2027 Security: CUSIP - 381246KM8, Maturity Date - 02/01/2028 Security: CUSIP - 381246KN6, Maturity Date - 02/01/2029 Security: CUSIP - 381246KP1, Maturity Date - 02/01/2030 Security: CUSIP - 381246KQ9, Maturity Date - 02/01/2031 Security: CUSIP - 381246KR7, Maturity Date - 02/01/2032 Security: CUSIP - 381246KS5, Maturity Date - 02/01/2014 Security: CUSIP - 381246KT3, Maturity Date - 02/01/2015 Security: CUSIP - 381246KU0, Maturity Date - 02/01/2016 Security: CUSIP - 381246KV8, Maturity Date - 02/01/2016 Security: CUSIP - 381246KW6, Maturity Date - 02/01/2017 Security: CUSIP - 381246KX4, Maturity Date - 02/01/2018 Security: CUSIP - 381246KY2, Maturity Date - 02/01/2019 Security: CUSIP - 381246KZ9, Maturity Date - 02/01/2020 Security: CUSIP - 381246LA3, Maturity Date - 02/01/2021 Security: CUSIP - 381246LB1, Maturity Date - 02/01/2022 Security: CUSIP - 381246LC9, Maturity Date - 02/01/2023 Security: CUSIP - 381246LD7, Maturity Date - 02/01/2024 Security: CUSIP - 381246LE5, Maturity Date - 02/01/2025 Please follow the link to view this submission: http://emma.msrb.org/ContinuingDisclosureView/ContinuingDisclosureDetails.aspx? su bm i ssionId=EP576349 Please follow the link to make changes to this submission: http://dataport.emma.msrb.ora/Submission/ContinuingDisclosureTypeSelect.aspx?sid=EP576349 PLEASE DO NOT REPLY. This is a system-generated e-mail. If you need assistance please contact the MSRB at 703-797-6668 or you may obtain more information at www.msrb.org. Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,IVN 55101-2887 Tel: 651-223-3060 Fax: 651-268-5060 vvd son(pn ngsted..com June 13,2012 Ms.Sue Vimig, Finance Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 RE: Continuing Disdosure Rule 15(c)2-12—Material Event Survey Relating to City of Golden Valley, MN Dear Ms.Vmig: TINE SENSITIVE-IIVPOR TANT POST-ISSUANCE CONPUANCE REQUIRENENTS The Securities and Exchange Commission has a Rule vvhidm requires underwriters of municipal bonds to periodically provide certain infomhation to the marketplace. The purpose of this Rule, Rule 15(c)2-12, is to assure that investors have amss to current information about the finandal condition of municipal bond issuers. Wien your jurisdiction issued debt, it entered into a continuing disdosure agreement to provide finandal documents and to report certain"material events". This dissemination of information is currently accomplished through posting to the Municipal Securities Regulatory Board's web site. Springsted serves as your"dissemination agent". Failure to properly report the agreed to information requires that your jurisdiction disclose this fact in its official statement for a period of five years. The attached list indudes the events identified by the SEC as material or potentially material. For most issuers, the most common reportable events are a change in rating or the call or defeasance of debt obligations. As your dissemination agent, Springsted will assist you in identifying and promptly filing material event notices. You already receive notices from us of any event that we have filed on your behalf. However,we are not always involved in all of your jurisdiction's debt related activities nor do we see all the notices that you as the issuer receive. You can help us help you by informing us of any event on the attached list that has occurred relative to one of your reportable debt obligations. For debt obligations sold prior to December 1, 2010,the Rule required that rreterial event notices be filed in a"timely manner". For issues sold on or after December 1,2010, material event notices must be filed within 10 business days of occurrence. We recorrrnend adherence to the 10-day standard whenever possible,even for issues sold prior to December 1,2010. In order to appropriately file for you,we are asking that you complete the separately attached survey document and return it to us within 14 days. The purpose of this survey is to detemine if any material event notices have been inadvertently missed; however, if one of the listed events has omarred within the last 10 business days, please adjust your reporting time so a timely filing can be made. With the attached list as a reference, use the drop-down boxes to indicate events that have occurred relevant to the issues shown. Re se keep a copy of the survey for your records and promptly notify us of any subsequent material events so that timely filings can be made on your jurisdiction's behalf. Please contact me if you have any questions or concerns. Thank you. Wiendy Olson, Bond Services Analyst (651)223-3060 wdson&pringsted.com Material Events Listing A000rding to the Securities and Exchange Commission the occurrence of material events are to be reported:"In a timely manner for pre December 1, 2010 issues and within 10 business days for post December 1, 2010 issues. The fdlowing listed events may be r w ralerial: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting finandal difficulties; 4. Unscheduled draws on credit enhancements relating to the Obligations reflecting finandal difficulties; 5. Substitution of credit or liquidity providers,or their failure to perform 6. Adverse tax opinions,the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue(IRS Form 5701-TEB)or other material notices or determinations with respect to the tax- exempt status of the Series Obligations,or rr ralerial events affecting the tax-exempt status of the Obligations; 7. Modifications to rights of Holders of the Obligations; 8. Obligation calls(exduding sinking fund mandatory redemptions),and tender offers; 9. Defeasance of the Obligations; 10. Release,substitution,or sale of property securing repayment of the Obligations; 11. Rating changes on the Obligations; 12. Bankruptcy,insolvency,receivership or similar event of the Issuer; 13. The consurr,rration of a merger,consolidation,or acquisition invdving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the temination of a definitive agreement relating to any such actions,other than pursuant to its terms;and 14 Appointment of a successes-or additional trustee or the change of name of a trustee. In addition,other events that may impact the marketability of the Obligations should be noted. The endosed survey is sent out as a reminder. Please keep this list of events handy for future reference. OUTSTANDING ISSUES AS OF JUNE 30,2012 (Only those issues reported to MSRB) City of Golden Valley, IVN: Press the TAB key to navigate between boxes below. If a material event has occurred for an issue,select event number from dropdown box;if none,leave as"None." Issue Scheduled for Material Name Cal I Event# $4,785,000 General Obligation Tax Abatement Bonds,Series 2004B None $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2004C None $1,4.65,000 General Obligation Tax Increment Refunding Bonds,Series 2005A None $4,575,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2005B None $5,990,000 General Obligation Improvement Bonds,Series 2005C 2-1-2015 None $11,935,000 Taxable General Obligation Tax Increment Refunding Bonds,Series 2006A None $7,320,000 General Obligation Improvement Bonds,Series 2006B None $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds,Series 2006C None $2,560,000 General Obligation State-Aid Street Bonds,Series 2007A None $4,105,000 General Obligation Improvement Bonds,Series 2007C None $6,680,000 General Obligation Irrprovement Bonds,Series 2008A None $750,000 General Obligation Equipment Certificates of Indebtedness,Series 2008B None $7,305,000 General Obligation Improvement Bonds,Series 2009A None $750,000 General Obligation Equipment Certificates of Indebtedness,Series 2009B None $4,880,000 General Obligation Improvement Refunding Bonds,Series 2009C None $5,465,000 General Obligation Improvement Refunding Bonds,Series 2009D None $3,845,000 General Obligation Improvement Bonds,Series 2010A None $655,000 General Obligation Equipment Certificates of Indebtedness,Series 2010B None $1,575,000 General Obligation Improvement Bonds,Series 2012A None $725,000 General Obligation Equipment Certificates of Indebtedness,Series 2012B None $5,960,000 General Obligation Improvement Refunding Bonds,Series 2012C None Cornrnents(s): Please return your completed survey on or before July 27,2012 by email,fax or regular mail. If you have any questions, please contact myself or your Client Representative. Signature Title Date (Not required if response is by email) Springsted Incorporated VVendy Olson, Bond Services Analyst 380 Jackson Street,Suite 300 St.Paul,UN 55101-2887 Phone 651 223-3060 Fax: 651 268-5060 Email: wolsonpringsted.com Eden Prairie, MN Estimate of Onetime Services 11/7/2013 Exhibit A Time per Time Scope: Qty Issue Extended Rate Extended Comment Analysis to identify outstanding conduit debt, obtain available !supporting documentation for CD & arbitrage purposes& communicate Total hours spent on multiple outstanding items to client _ 1.00 12.00 $ 12.00 $ 190.00 $ 2,280.00 issues _ Onsite Retrieval of Conduit Bond Documents - - $ - $ 190.00 $ - City staff performed this task Review of Conduit Bond Documents -Arbitrage _ 6.00 0.33 $ 2.00 $ 190.00 $ 380.00 _ Prepare Schedule of Arbitrage Calculation Due Dates for Outstanding Conduit Debt 1.00 1.00 $ 1.00 $ 190.00 $ 190.00 Analysis to identify outstanding conduit debt & begin review of reporting compliance for CD purposes 1.00 6.00 $ 6.00 $ 155.00 $ 930.00 Review of Conduit Bond Documents -CD 8.00 0.25 $ 2.00 $ 155.00 $ 310.00 Prepare Schedule of CD Compliance Reporting Requirements for Outstanding Conduit Debt 1.00 1.00 $ 1.00 $ 155.00 $ 155.00 Development and Implementation of Post Issuance Compliance Policy 1.00 1.00 $ 1.00 $ 500.00 $ 500.00 Estimated Onetime Services $ 4,745.00 Contingency (10%) $ 474.50 Maximum Onetime Services $ 5,219.50 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILQ. Kristi Etter, IT Manager Fiber Expansion Project Requested Action Move to: Approve contract with Arvig Enterprises for Phase 3 construction to expand the fiber optic network to Fire Station 4, Emergency Operations Center. Synopsis This segment of the project works with the Fire Department to expand the City's fiber data network to Fire Station 4 on Dell Road, which is the city's Emergency Operations Center. Funding for this project will come from the CIP budget for Fiber to LOGIS and Remote Sites for 2013 and 2014. Phase 3 of this project will provide fiber optic connection to Fire Station 4, Emergency Operations Center. Estimated Fiber Construction for Phase 3 sites: $ 86,500 Background Information This is the final phase of the initial fiber expansion for the City of Eden Prairie. This project will improve connectivity and provide a stable infrastructure to the city's remote locations by eliminating the need for the Alvarion Wireless connections currently in place, as well as, create redundancy in the network. The city has been working with Compass Consultants Inc. for construction of this fiber network for nearly two years. Future phases of this project will include the Art Center and the Outdoor Center. Attachments Compass Quote Compass Site Plans Construction Agreement Eden Prairie City-Sites with potential for Fiber Optic connection Arvig Phase/ Est Dist(ft)of Est Fiber Lease Est Dist(ft)of Priority Site Street Address City Approx Lat Approx Long Fiber Lease Rt Fibers /Mo Lateral 1/1 Eden Prairie City Hall Scenic Heights Road&Mitchell Road Eden Prairie 44 51 22 N -93 27 46 W Existing City $ - Existing City 1/1 Fire Station#1 Scenic Heights Road&Mitchell Road Eden Prairie 44 51 19 N -93 27 52 W 1,900 2 $ 100.00 1,900 1/1 Williston Water Tank SE corner of Hwy 7&Williston Rd Eden Prairie 44 55 14 N -93 28 02 W 41,500 2 $ 500.00 Mtka School 1/1 Edina Braemar Ice Arena Hwy 169 Frontage Rd&Braemar Blvd Eden Prairie 44 52 06 N -93 23 41 W 9,400 2 $ 113.00 1500 1/2 Fire Station#4 Dell Road&Hwy 212 Eden Prairie 44 51 19 N -93 30 16 W 6,200 2 $ 100.00 7,200 1/3 Liquor Store#1 Eden Prairie Road&Hwy 5 Eden Prairie 44 5149 N -93 29 13 W 6,910 2 $ 100.00 700 1/3 Liquor Store#2 Den Road&78 Street West Eden Prairie 44 5131 N -93 25 25 W 8,400 2 $ 100.00 1,350 1/3 Liquor Store#3 Prairie Center Drive&Hwy 5 Eden Prairie 44 5153 N -93 26 27 W EP School 2 $ - 4,250 1 1/4 Fire Station#2 Sunnybrook Road&Homeward Hills Road Eden Prairie 44 50 09 N -93 25 48 W EP School 2 $ - 2,500 1/5 Fire Station#3 Valley View Road&Eden Prairie Road Eden Prairie 44 52 10 N -93 29 10 W EP School 2 $ - 500 1/6 Senior Center Sutton Drive&Eden Prairie Road Eden Prairie 44 50 26 N -93 28 53 W 10,650 2 $ 130.00 250 $ 2/7 Area 51 11800 Technology Drive Eden Prairie 44 51 44.13 N -93 25 34.64 W $ - 2/7 Outdoor Center 13765 Staring Lake Parkway Eden Prairie $ - 2/8 Art Center 7650 Equitable Drive Eden Prairie $ - $ Riley Barn $ - Doren Kemper House $ - Sheriff Tower Naper Street&Independence Ave North Golden Valley 44 59 57 N -93 23 53 W $ - Edina Water Tower Gleason Road&Hwy 62 Eden Prairie 44 53 17 N -93 23 04 W $ - City of Eden Prairie 1/3/2014 Page 1 Est Dist Est Dist (ft)of Est Fiber Est Dist Est Const (ft)of Est Fiber Phase/ Fiber Lease/ (ft)of Cost of Fiber Fibers Lease/ Priority Site Street Address City Approx Lat Approx Long i Lease Rt i Fibers Mo Lateral Lateral Fibers Lease Rt I Leased Month I Engineering Dell Road & 1 1/2 Fire Station#4 Hwy 212 EP 44 51 19 N -93 30 16 W 6,200 2 $ 100 7,200 $ 86,500 $ 11,325.00 See Sheet 3-002 1 It 1 1 1 1 1"=100' Collector Ring ILEC Route Q % FIRE STATION#4 (0� ♦ City O / % Eden Prairie,MN at. 1d \ U_FOC County C Hennepin Filename ` Site#3-Fire Station#4 e. °�aZaY0 •, \Fm 'c� TRACKING ` 9 Staked By: , (fee LDF 8/19/13 % �`Q`' Drafted By: DE 9/9/13 ` '4, / Built By: %/ ` Se. As-Built By: EOP to EOP 70' ` y�G CL to BOC 36' CL to FOS 41' yJ9 CL to BOS 49' , t S4' ILC-032-1 •� / 5 E" a COIL-194E MATERIAL LIST © ry0 I. 519990 OUTI 830 Reeve toroola Description Quantity PEvestl144EIM 15050 isoi0Reepl t00a0033UFW 1� 1111\36: 21499el , eeM1f0100 eA4/ FiW5tlCOIL-24F// INploae2 IOUTp 1084Eby 5a coa- / INN Ours ." R W / / Prepared by: ee�(t //// Compass Consultants Inc .... Perham,MN 218-346-3600 Construction Notes: Q�e`\ /// All underground Fiber placed in(2)1.25"Conduits // Fiber Depth 42",unless x24,specified / G S O C All Handholes are 24x36x24,unless specified /........ GOPHER STATE ONE CALL / 1-800-252-1116 / www.gopherstateonecall.org 3-001 See Sheet 3-003 16+54 HH I I 3.002-1 ENV tUtl COIL- °jf loum 1"=100' ReAl Collector Ring ILEC Route FIRE STATION#4 City Eden Prairie,MN 1 County EOP to EOP 70' Hennepin CL to BOO 38' , Filename CL to FOS 41' CL to BOS 49' /L Site#3-Fire Station#4 Q I I I I I TRACKING Staked By: LDF 8/19/13 Drafted By: U—FOC uDE 919113 ' Built By: As-Built By: MATERIAL LIST Description Quantity U-FOC 1654' 24X36 Vault 1 1� Prepared by: Compass Consultants Inc Perham,MN 218-346-3600 8+06 EOP Briarglen Rd Construction Notes: GSOC GOPHER STATE ONE CALL 7+78 EOP All underground Fiber placed in(2)1.25"Conduits 1-800-252-1118 Fiber Depth 42",unless specified 1 mrr All Handholes are 24x36x24,unless specified wvrv.gopherstateonewll.org See Sheet 3-001 3-002 See Sheet 3-004 ♦ * '1' ♦ Collector Ring ♦ ILEC ♦ Route 4 ♦ FIRE STATION#4 O CD ♦ City CDC 73 ; ` Eden Prairie,MN Wexford Dr ♦ p County y �� Hennepin AAel. Filename ♦ Site#3-Fire Station#4 �a ♦ EOP to EOP 70' ♦ 0 CL to BOC 36' CL to FOS 41 g1 E� ♦ is.CD to BOS 49' q3* — ♦ i� TRACKING ,iys%�° QJ Staked By: ♦ LDF 8/19/13 ♦ Drafted By: ♦ JDE 9/9/13 ♦ Built By: Tessmer Ct As-Built By. ♦ U-FOC ♦ / MATERIAL LIST Description Quantity `✓ U-FOC 1876' ♦ - a a a I a irt ' Prepared by: Compass Consultants Inc Perham,MN 218-346-3600 I I 0. I ki m I Construction Notes: I �%L.• GSOC l�" All underground Fiber placed in(2)1.25"Conduits GOPHER STATE ONE CALL Fiber Depth 42",unless specified ay 1-600-252-1118 All Handholes are 24x36x24,unless specified 1'a£ www.gopherstateonecall.org • See Sheet 3-002 3-003 See Sheet 3-005 Construction Notes: 1 S La All underground Fiber placed in(2)1.25"Conduits 1 .n I o°— Fiber Depth 42",unless specified 35+88 EOP 8;g V N All Handholes are 24x36x24,unless specified 1 35+60 COP 1"=100' 35+30#0 u Collector Ring ILEC 150.to rt 10 3-004-1 Route 1 e COIL- FIRE STATION#4 I aeem City I Eden Prairie,MN / County / Hennepin / Filename EOP to EOP 70' / Sitee3-Fire Station#4 CL to BOC 38' CL to FOS 41' / CL to BOS 49' / ID / Q Q /� I / TRACKING / U—FOC Staked By: / LDF 8/19/13 DraftedLDFBy: JDE 9/9/13/ I Built By: I As-Built By: / / (Q I I MATERIAL LIST 1 Description Quantity— 1 24X36 Vault 1 1 (0 Q It 6 Prepared by: N\�\NGZR� Compass Consultants Perham,MN Consultants IncI 5914 p.,a� GSOC / GOPHER STATE ONE CALL 0+,0 ` 5 1-800-252-1116 <eh www.gopherstateonecall.org x Wr. See Sheet 3-003 3-004 See Sheet 3-006 ♦ • lit EOP to EOP M. ♦ �� French Cv CL to BOC 45' ♦ 01o�' CL to FOS 50' CL to BOS 58' ✓ ��y ��aJ 1"=100' % Collector Ring 1 C ILEC �VJ Route CO FIRE STATION#4 City It Eden Prairie,MN ♦ County It Hennepin ,t4 OP ♦♦ eY1 Filename Site#3-Fire Station#4 ♦ 4 52 SO? ♦ O O �— ♦ — / ^ ♦♦ U—FOC / 4 ♦ TRACKING Staked By: ♦ LDF 8/19/13 • Drafted By: • JDE 9/9/13 Built By: `` n k Ct • Burl u As-Built By: • • • • •• MATERIAL LIST % Description Quantity N. U-FOC 1716' EOP to EOP 70' CL to BOC 38' CL to FOS 41' ♦ CL to BOS 49' , % % Prepared by: 1 Compass Consultants Inc % Perham,MN 218-346-3600 % 1 1 ,n,toq. GSOC Construction Notes: 1---- GOPHER STATE ONE CALL All underground Fiber placed in(2)1.25"Conduits 1 1-600-252-111e FiberlDepth 4 ar unlesse 2403 024, n 1 www.gopherstateonecall.org All Handholes are 24x36x24,unless specified 1 1 See Sheet 3-004 3-005 See Sheet3-007 3-006-2 EOP to EOP 94' ENV too a- It CL toBOC 50' ♦ NO OUTN CL to FOS 50' • CL to BUS 62' , BeB �00% 1".100' 58+94 ElWNEL �%(♦ State HwY 2 2 Collector Ring ass COr ♦ ILEC ♦ Route ♦ FIRE STATION#4 Mk ♦ City Eden Prairie,MN ♦ State H`NY 2� County 111111 ♦ Hennepin ♦ Filename Site#3-Fire Station#4 55420 BOP t°% �2 (2 1 �a�p Fo • Or i ♦ TRACKING ♦ Staked By: ♦ LDF 8/19/13 JOEtl DE or 212 °W 3-00& D By: 1 Built By: 9/9/13 OffRamp F SO' ♦ ` EAU ,re nol- 51'.'11 i°°,. As-Built By:♦ Reellt 528 6 E ♦NO ♦ 62{..- Q ♦♦ U—FOC 73/ MATERIAL LIST Q C0IY � ♦/ Description Quantity .j CD+ U-FOC 448' �� •♦ 24X36 Vault 2 4" ♦ N ♦ = N. U N. "C CL to BOC 45' N. U CL to FOS 50' ♦ iA CL to BOS 58' ♦ �/J ♦ Prepared by: ♦ Compass Consultants Inc N. Perham,MN 218-346-3600 Construction Notes: ♦,6 ''''' GS'OG' All underground Fiber placed in(2)1.25"Conduits GOPHER STATE ONE CALL Fiber Depth 42",unless specified N. 1-800-252-1116 All Handholes are 24x36x24,unless specified N. www.gopherstateonecall.org 11. See Sheet 3-005 3-006 Construction Notes: All underground Fiber placed in(2)1.25"Conduits Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified 1"=100' Collector Ring ILEC Route FIRE STATION#4 City Eden Prairie,MN County Hennepin Filename Site#3-Fire Station#4 TRACKING Staked By: LDF 8119/13 Linwood Ct Drafted By: JDE 9/9/13 Built By: As-Built By: MATERIAL LIST Description Quantity U-FOC 194' 24X36 Vault 1 3-007-1 EAN too' COIL INk loult Reet Prepared by: Compass Consultants Inc Perham,MN 218-346-3600 :F0c CL to BOC 50' GOPHER STATE ONE CALL CL to FOS 50' 1-800-252-1118 CL to BOS 62' wvrv.gopherstateonewll.org See Sheet 3-006 3-007 \s ROWIt 1 1 — \ ------- ` y` Collector Ring \/S / 0 �J`' ILEC r�O V� Route �\ FIRE STATION#4 City ROW __ _ , Eden Prairie,MN Filename __— county Hennepin I I / I I Site#3-Fire Station#4 CONTACT FACILITIES DEPT BEFORE BLDG ENTRANCE 952-949-8432 I ``\ ENTRANCE BY AIR CONDITIONER PIPES — `\ INTO CHASE TO SUSPENDED CEILING. i TRACKING \ DATA ROOM LESS THAN 50'INTO BLDG LEAVE LONG ENOUGH HAND COIL I Staked By: ` I LDF 8/28/13 1 I Drafted By: \ ,r 1 JDE 9/9/13 U—FOC , Built By: \O \ � As-Built By: CDi \ r I // %\ FIRE I MATERIAL LIST O STATION #4 i Description Quantity ` U-FOC 290' \ ~O Z \ K _R I I \ I I L.\ PARKING LOT I I 1 /0�, Prepared by: \cz I I Compass Consultants Inc ---------- I I ------ Perham,MN 218-346-3600 4 m L— Nm GSOC GOPHER STATE ONE CALL 1-800 118 o www .gopherstateonecall.org Site Plan FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES,INC. AND THE CITY OF EDEN PRAIRIE PHASE 3 THIS FIBER OPTIC CONSTRUCTION AGREEMENT PHASE 3("Agreement") is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks ("Existing Network") in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber ("Additional Network"), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction,installation,maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. "Agreement" means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. "Additional Network" means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to the City's Fire Station#4. C. "Fiber"means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG' OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig's Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. - No visible light transmission or air movement through the opening area. - Patch openings to fill remaining wall opening, be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer's specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the east of all locates for the Additional Network. D. Payment. The City shall pay Arvig $86,500 for the construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 3 of 9 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City's General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES, INC. B dy Klinert 0,5_ Its: 7 `r [i %L/r, 'f_ By: Its: 5 of 9 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network—Phase I 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 t s kaSsi Est ty r d=Hiai � , ,,,,,-4-1--:,-,,a.,ei. ,,,,.. St Andrew Tuesday L theran hurt nratrie �_. ''''ALibrary Pheasant 1j Woods Park s iv tlS Post. Nesbitt orris Reserve Park tv :e Oak Point n 9 ,m Eden Lake Arrriersc�r� ir�terrediate etary --Ed, Elementary School �. hoof Park 4 . � ._..L bserNAt csnr � CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 7th, 2014 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Kristi Etter, IT Manager Fiber Expansion Project Requested Action: Move to: Approve lease agreement with Arvig for leased fiber connections at certain city locations. Synopsis: These lease agreements will provide the fiber connection for the following locations: • Fiber lease for Phase 1 sites: Liquor Stores 1 and 2: $200/month • Fiber Lease for Phase 2 sites: Fire Station 1 and Senior Center: $ 230/month • Fiber Lease for Phase 3 sites: Fire Station 4: $100/month Attachments: Lease Agreements for all 3 Phases FIBER LEASE AGREEMENT PHASE 1 This Lease Agreement (the "Agreement") is made and entered into this _ day of , 20 by and between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties" . RECITALS A. Arvig has constructed, owns and maintains fiber optic networks ("Existing Network") in the City. The City contracted with Arvig to construct fiber from Arvig ' s Existing Network to various City buildings ("City Network") . The City owns and maintains the City Network. B. Arvig desires to lease to the City and the City desires to lease from Arvig the City' s right to use the Existing Network and the connection of the City Network to the Existing Network. C . The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to the above-described lease. 1 . LEASE . A . Fiber Lease. The City hereby leases from Arvig and Arvig hereby leases to the City: (i) the City' s right to use the Existing Network; and (2) the connection of the City Network to the Existing Network at the City' s 3 liquor stores located at the following intersections : Eden Prairie Road and Highway 5 ; Den Road and 78 Street West; and Prairie Center Drive and Highway 5 as depicted on Exhibit A . The lease shall be non-exclusive. B . City Payment. In exchange for the lease of the above described fiber and connections, the City shall pay to Arvig $ 200 per month throughout the term of this Agreement. The City shall make the monthlpayments by the I fir' day of each month . If Arvig has not received payment by the `0 day of the month, Arvig may submit to the City an invoice. The City shall pay said invoice within 35 days of receipt . C . Term, This lease shall be for a term of 10 years beginning on January 1 , 2014 and expiring on December 31 , 2023 2 . OWNERSHIP AND MAINTENANCE . A . Existing Network . Arvig owns the Existing Network . Arvig shall operate and maintain the Existing Network in accordance with industry standards . Arvig shall be responsible for all costs of operation and maintenance of the Existing Network. In addition, Arvig shall be responsible for maintaining the connection between the Existing Network and the City Network. Arvig shall be responsible for all costs of maintaining the connection . B . City Network. The City owns the City Network. The City shall operate and maintain the City Network in accordance with industry standards. The City shall be responsible for all costs of operation and maintenance of the City Network. C . Locates . The City shall be responsible for all locates of infrastructure for the City Network including Gopher State One Call locates . The City shall pay the cost of all locates for the City Network. Arvig shall be responsible for all locates of infrastructure for the Existing Network including Gopher State One Call locates . Arvig shall pay the costs of all locates for the Existing Network. 3 . DEFAULT AND REMEDIES . A. City Default . In the event the City fails to pay any amount due under this Agreement or defaults in the performance of any other term or condition of this Agreement, then Arvig may terminate this Agreement by providing notice to the City specifying in detail the default and Arvig ' s intent to terminate this Agreement unless City cures said default within 90 days . If City fails to cure the default within 90 days of the notice, this Agreement shall automatically terminate. B . Arvig Default. In the event Arvig fails to operate and maintain the Existing Network and the connection between the Existing Network and the City Network, in any manner prohibits the City' s use of the City Network or the Existing Network, or defaults in the performance of any other term or condition of this Agreement, then the City may operate and maintain the Existing Network and/or the connection between the Existing Network and the City Network. The City shall have the right to use all property and easements owned or controlled by Arvig for such operation and maintenance. All costs incurred by the City for such operation and maintenance, including but not limited to personnel , payments to third parties, materials and supplies, shall be paid by Arvig within 30 days of receipt by Arvig of an invoice from City. C . Additional Remedies. In addition to the specific remedies set forth herein, in the event of a default either party may exercise any remedy available at law or in equity. 4. NOTICES . All notices must be in writing and addressed as set forth below. Notice will be deemed given: (a) when verified by written receipt if sent by personal courier or overnight courier; (b) three business days after deposit in the mail if sent by United States mail; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email . Arvig 1 ‘ dgi. Attn : AcccAs ec ovectht -e CI ANaArn . F 4, 5 7. City City of Eden Prairie Attn : kg ts- t 'l . -- /Arr _ id b 8080 Mitchell Road Eden Prairie, MN 55344 5 . ASSIGNMENT OR CHANGE OF CONTROL . Neither party may assign this Agreement, nor any interest arising herein, without the written consent of the other party. Upon a change of control of Arvig (for example, through a stock purchase or sale, merger, or other form of corporate transaction), Arvig need not obtain the City' s consent, however, Arvig shall provide written notice to the City at least 30 days prior to the change of control . 6. SUCCESSORS AND ASSIGNS . This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective assigns, executors, heirs, personal representatives, and successors . 7. ENFORCEMENT . If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to costs and expenses, including without limitation reasonable attorneys ' fees in addition to any other relief to which such party may be entitled. 8 . INDEMNIFICATION. Arvig will indemnify and defend 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 Arvig or anynegligent or intentional act or omission perfoiuied, taken or not performed or taken by Arvig, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Arvig 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. . The City' s liability hereunder however shall not exceed the limits of liability set forth in Minn. Stat. Chap . 466 . 9 . EMPLOYEES . Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker' s Compensation, or any and all claims that may or might arise out of the employment context on behalf of the employees while so engaged . Any and all claims made by any third party as a consequence of any act or omission on the part of one party ' s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. N. WAIVER. No failure to exercise and no delay in exercising any right, power, or privilege hereunder shall operate as a waiver. Any waiver by any party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by all parties. 11 . AUDITS . Pursuant to Minnesota Statutes § 16C. 05 , Subd. 5, any books , records, documents, and accounting procedures and practices of Parties relevant to this Agreement are subject to examination by the other party, and either the Legislative Auditor or the State Auditor as appropriate, The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 12 . DATA PRACTICES ACT . This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act) . All government data, as defined in the Data Practices Act Section 13 . 02, Subd 7, which is created , collected, received, stored, used, maintained, or disseminated by Arvig in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Arvig shall comply with those requirements as if it were a government entity. All subcontracts entered into by Arvig in relation to this Agreement shall contain similar Data. Practices Act compliance language. 13. DISCRIMINATION. In performance of this Agreement, the Parties shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of any of the Parties, any subcontractor of any of the Parties, or any applicant for employment. The Parties shall include a similar provision in all contracts with subcontractors to this Agreement. The Parties further agree to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363 . 01 , et seq . , Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 14. CLAIMS . To receive any payment from the City 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. " 15 . INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations , representations, or agreements between the Parties regarding the subject matter herein; whether written or oral. 16. AMENDMENTS . Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 17. COUNTERPARTS . This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 18 . SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties . 19. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 20, CAPTIONS . The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials . [Signature Pages to Follow] ARVIG ENTERPRISES , INC. �- AA dy Klinnprt Its : l ` r t `f 110(7 By: Its : CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager EXHIBIT A Depiction of Connections — Phase 1 FIBER LEASE AGREEMENT PHASE 2 This Lease Agreement (the "Agreement") is made and entered into this 7th day of January, 2014 by and between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed, owns and maintains fiber optic networks ("Existing Network") in the City. The City contracted with Arvig to construct fiber from Arvig's Existing Network to various City buildings ("City Network"). The City owns and maintains the City Network. B. Arvig desires to lease to the City and the City desires to lease from Arvig the City's right to use the Existing Network and the connection of the City Network to the Existing Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to the above-described lease. 1. LEASE. A. Fiber Lease. The City hereby leases from Arvig and Arvig hereby leases to the City: (i) the City's right to use the Existing Network; and (2) the connection of the City Network to the Existing Network at Fire Station#1; Fire Station#2; Fire Station#3; and the Senior Center as depicted on Exhibit A. The lease shall be non-exclusive. B. City Payment. In exchange for the lease of the above described fiber and connections, the City shall pay to Arvig $230 per month throughout the term of this Agreement. The City shall make the monthly payments by the 1st day of each month. If Arvig has not received payment by the 10th day of the month, Arvig may submit to the City an invoice. The City shall pay said invoice within 35 days of receipt. C. Term. This lease shall be for a term of 10 years beginning on January 1, 2014 and expiring on December 31, 2023. 2. OWNERSHIP AND MAINTENANCE. A. Existing Network. Arvig owns the Existing Network. Arvig shall operate and maintain the Existing Network in accordance with industry standards. Arvig shall be responsible for all costs of operation and maintenance of the Existing Network. In addition, Arvig shall be responsible for maintaining the connection between the Existing Network and the City Network. Arvig shall be responsible for all costs of maintaining the connection. B. City Network. The City owns the City Network. The City shall operate and maintain the City Network in accordance with industry standards. The City shall be responsible for all costs of operation and maintenance of the City Network. C. Locates. The City shall be responsible for all locates of infrastructure for the City Network including Gopher State One Call locates. The City shall pay the cost of all locates for the City Network. Arvig shall be responsible for all locates of infrastructure for the Existing Network including Gopher State One Call locates. Arvig shall pay the costs of all locates for the Existing Network. 3. DEFAULT AND REMEDIES. A. City Default. In the event the City fails to pay any amount due under this Agreement or defaults in the performance of any other term or condition of this Agreement, then Arvig may terminate this Agreement by providing notice to the City specifying in detail the default and Arvig's intent to terminate this Agreement unless City cures said default within 90 days. If City fails to cure the default within 90 days of the notice, this Agreement shall automatically terminate. B. Arvig Default. In the event Arvig fails to operate and maintain the Existing Network and the connection between the Existing Network and the City Network, in any manner prohibits the City's use of the City Network or the Existing Network, or defaults in the performance of any other term or condition of this Agreement, then the City may operate and maintain the Existing Network and/or the connection between the Existing Network and the City Network. The City shall have the right to use all property and easements owned or controlled by Arvig for such operation and maintenance. All costs incurred by the City for such operation and maintenance, including but not limited to personnel, payments to third parties, materials and supplies, shall be paid by Arvig within 30 days of receipt by Arvig of an invoice from City. C. Additional Remedies. In addition to the specific remedies set forth herein, in the event of a default either party may exercise any remedy available at law or in equity. 4. NOTICES. All notices must be in writing and addressed as set forth below. Notice will be deemed given: (a) when verified by written receipt if sent by personal courier or overnight courier; (b)three business days after deposit in the mail if sent by United States mail; or(c)when verified by automated receipt or electronic logs if sent by facsimile or email. Arvig 150 2nd Street SW Perham, MN 56573 Attn: Accounts Receivable City City of Eden Prairie Attn: Accounts Payable 8080 Mitchell Road Eden Prairie, MN 55344 5. ASSIGNMENT OR CHANGE OF CONTROL. Neither party may assign this Agreement, nor any interest arising herein, without the written consent of the other party. Upon a change of control of Arvig (for example, through a stock purchase or sale, merger, or other form of corporate transaction), Arvig need not obtain the City's consent, however, Arvig shall provide written notice to the City at least 30 days prior to the change of control. 6. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective assigns, executors, heirs, personal representatives, and successors. 7. ENFORCEMENT. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to costs and expenses, including without limitation reasonable attorneys' fees in addition to any other relief to which such party may be entitled. 8. INDEMNIFICATION. Arvig will indemnify and defend 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 Arvig or any negligent or intentional act or omission performed, taken or not performed or taken by Arvig, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Arvig 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.. The City's liability hereunder however shall not exceed the limits of liability set forth in Minn. Stat. Chap. 466. 9. EMPLOYEES. Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of the employment context on behalf of the employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of one party's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 10. WAIVER. No failure to exercise and no delay in exercising any right, power, or privilege hereunder shall operate as a waiver. Any waiver by any party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by all parties. 11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Parties relevant to this Agreement are subject to examination by the other party, and either the Legislative Auditor or the State Auditor as appropriate. The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 12. DATA PRACTICES ACT. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Arvig in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Arvig shall comply with those requirements as if it were a government entity. All subcontracts entered into by Arvig in relation to this Agreement shall contain similar Data Practices Act compliance language. 13. DISCRIMINATION. In performance of this Agreement, the Parties shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of any of the Parties, any subcontractor of any of the Parties, or any applicant for employment. The Parties shall include a similar provision in all contracts with subcontractors to this Agreement. The Parties further agree to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 14. CLAIMS. To receive any payment from the City 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." 15. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the subject matter herein; whether written or oral. 16. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 17. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 18. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 19. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 20. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager EXHIBIT A Depiction of Connections—Phase 1 FIBER LEASE AGREEMENT PHASE 3 This Lease Agreement (the "Agreement") is made and entered into this 7th day of January, 2014 by and between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed, owns and maintains fiber optic networks ("Existing Network") in the City. The City contracted with Arvig to construct fiber from Arvig's Existing Network to various City buildings ("City Network"). The City owns and maintains the City Network. B. Arvig desires to lease to the City and the City desires to lease from Arvig the City's right to use the Existing Network and the connection of the City Network to the Existing Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to the above-described lease. 1. LEASE. A. Fiber Lease. The City hereby leases from Arvig and Arvig hereby leases to the City: (i) the City's right to use the Existing Network; and (2) the connection of the City Network to the Existing Network at Fire Station #4 as depicted on Exhibit A. The lease shall be non-exclusive. B. City Payment. In exchange for the lease of the above described fiber and connections, the City shall pay to Arvig $100 per month throughout the term of this Agreement. The City shall make the monthly payments by the 1st day of each month. If Arvig has not received payment by the 10th day of the month, Arvig may submit to the City an invoice. The City shall pay said invoice within 35 days of receipt. C. Term. This lease shall be for a term of 10 years beginning on January 1, 2014 and expiring on December 31, 2023. 2. OWNERSHIP AND MAINTENANCE. A. Existing Network. Arvig owns the Existing Network. Arvig shall operate and maintain the Existing Network in accordance with industry standards. Arvig shall be responsible for all costs of operation and maintenance of the Existing Network. In addition, Arvig shall be responsible for maintaining the connection between the Existing Network and the City Network. Arvig shall be responsible for all costs of maintaining the connection. B. City Network. The City owns the City Network. The City shall operate and maintain the City Network in accordance with industry standards. The City shall be responsible for all costs of operation and maintenance of the City Network. C. Locates. The City shall be responsible for all locates of infrastructure for the City Network including Gopher State One Call locates. The City shall pay the cost of all locates for the City Network. Arvig shall be responsible for all locates of infrastructure for the Existing Network including Gopher State One Call locates. Arvig shall pay the costs of all locates for the Existing Network. 3. DEFAULT AND REMEDIES. A. City Default. In the event the City fails to pay any amount due under this Agreement or defaults in the performance of any other term or condition of this Agreement, then Arvig may terminate this Agreement by providing notice to the City specifying in detail the default and Arvig's intent to terminate this Agreement unless City cures said default within 90 days. If City fails to cure the default within 90 days of the notice, this Agreement shall automatically terminate. B. Arvig Default. In the event Arvig fails to operate and maintain the Existing Network and the connection between the Existing Network and the City Network, in any manner prohibits the City's use of the City Network or the Existing Network, or defaults in the performance of any other term or condition of this Agreement, then the City may operate and maintain the Existing Network and/or the connection between the Existing Network and the City Network. The City shall have the right to use all property and easements owned or controlled by Arvig for such operation and maintenance. All costs incurred by the City for such operation and maintenance, including but not limited to personnel, payments to third parties, materials and supplies, shall be paid by Arvig within 30 days of receipt by Arvig of an invoice from City. C. Additional Remedies. In addition to the specific remedies set forth herein, in the event of a default either party may exercise any remedy available at law or in equity. 4. NOTICES. All notices must be in writing and addressed as set forth below. Notice will be deemed given: (a) when verified by written receipt if sent by personal courier or overnight courier; (b)three business days after deposit in the mail if sent by United States mail; or(c)when verified by automated receipt or electronic logs if sent by facsimile or email. Arvig 150 2nd Street SW Perham, MN 56573 Attn: Accounts Receivable City City of Eden Prairie Attn: Accounts Payable 8080 Mitchell Road Eden Prairie, MN 55344 5. ASSIGNMENT OR CHANGE OF CONTROL. Neither party may assign this Agreement, nor any interest arising herein, without the written consent of the other party. Upon a change of control of Arvig (for example, through a stock purchase or sale, merger, or other form of corporate transaction), Arvig need not obtain the City's consent, however, Arvig shall provide written notice to the City at least 30 days prior to the change of control. 6. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective assigns, executors, heirs, personal representatives, and successors. 7. ENFORCEMENT. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to costs and expenses, including without limitation reasonable attorneys' fees in addition to any other relief to which such party may be entitled. 8. INDEMNIFICATION. Arvig will indemnify and defend 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 Arvig or any negligent or intentional act or omission performed, taken or not performed or taken by Arvig, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Arvig 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.. The City's liability hereunder however shall not exceed the limits of liability set forth in Minn. Stat. Chap. 466. 9. EMPLOYEES. Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of the employment context on behalf of the employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of one party's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 10. WAIVER. No failure to exercise and no delay in exercising any right, power, or privilege hereunder shall operate as a waiver. Any waiver by any party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by all parties. 11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Parties relevant to this Agreement are subject to examination by the other party, and either the Legislative Auditor or the State Auditor as appropriate. The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 12. DATA PRACTICES ACT. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Arvig in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Arvig shall comply with those requirements as if it were a government entity. All subcontracts entered into by Arvig in relation to this Agreement shall contain similar Data Practices Act compliance language. 13. DISCRIMINATION. In performance of this Agreement, the Parties shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of any of the Parties, any subcontractor of any of the Parties, or any applicant for employment. The Parties shall include a similar provision in all contracts with subcontractors to this Agreement. The Parties further agree to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 14. CLAIMS. To receive any payment from the City 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." 15. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the subject matter herein; whether written or oral. 16. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 17. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 18. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 19. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 20. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager EXHIBIT A Depiction of Connections—Phase 1 CITY COUNCIL AGENDA DATE: SECTION: Other Business January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5799 Approve ITEM NO.: IX.A. Carter Schulze Maintenance Agreement with United Public Works /Engineering HealthCare Services, Inc. Requested Action Move to: Approve the Maintenance Agreement with United HealthCare Services, Inc. as it relates to the Shady Oak Road Improvements. Synopsis United HealthCare Services, Inc. has agreed to maintaining landscaping and irrigation that they installed along and within the medians on City West Parkway and landscaping in the boulevard areas of W 62nd Street, Shady Oak Road, and City West Parkway. Attachment Maintenance Agreement MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT, dated December 2, 2013 (this "Agreement"), is entered into by and between United HealthCare Services, Inc. a Minnesota corporation (including its successors and assigns, the "Developer"), and the City of Eden Prairie, a municipal corporation (the "City"). RECITALS: A. The Developer is the owner of that certain property identified on Exhibit A hereto and hereinafter referred to as the "Property." B. The Developer desires to plant trees and shrubs and install an irrigation system along and within the medians on City West Parkway from the existing pedestrian bridge to Shady Oak Road, and in the boulevard areas of West 62nd Street, Shady Oak Road, and City West Parkway as identified on Exhibit B hereto, and the City is willing to allow such planting and installation provided the Developer maintains the median, roundabout, and boulevards as depicted on attached Exhibit B. C. The Developer and the City wish to enter into an agreement regarding the installation and maintenance of the median and roundabout landscaping and irrigation system on City West Parkway. AGREEMENTS: NOW THEREFORE, the Developer and the City agree as follows, ARTICLE I DEFINITIONS Section 1. "Landscaping" shall mean trees, shrubs, herbaceous annual and perennial plants, groundcovers, organic mulch and plant bed edging materials. DN:283543 Ver: 1 Section 2, "Irrigation System" shall mean underground automatic irrigation system and its component parts including main and lateral piping, sprinkler risers and swing joints, sprinkler heads, valves, control wiring, and valve boxes and appurtenances. Section 3. "Maintenance" shall mean: For"Landscaping"—the regular upkeep of components including pruning, trimming, and mowing of vegetation; application of fertilizer, herbicide, or insecticide as required for plant health; replacement of dead or damaged plants; replacement of organic mulch material; or replacement of planting bed edging material. For "Irrigation system" —the ongoing care of system components including maintaining the operating characteristics of sprinkler heads, sprinkler nozzles; the replacement of broken or inoperable parts including underground piping, valves, and control circuit wiring; and the annual drainage of the system by blowing out water with compressed air. ARTICLE II MAINTENANCE A. Landscaping. The Landscaping work will be performed by the Developer in a good and workmanlike manner and all materials will be of good quality and all trees, shrubs and other vegetation will be of good quality and healthy at the time they are planted. The Developer further covenants and warrants that any such trees, shrubs or other vegetation which are diseased or dead shall be replanted or replaced during the fall or spring, whichever shall be appropriate as determined by the Developer. The Developer shall select the trees, shrubs and vegetation in its reasonable discretion. B. Irrigation System. The Irrigation System shall be installed and maintained by the Developer all as reasonably necessary to maintain the same in good working condition and repair and a neat and orderly appearance, The,Developer shall promptly complete all necessary repairs and replacements. C. Compliance with Laws. All of the foregoing shall be in compliance with all applicable rules, regulations, ordinances and laws. No prior consent of the City shall be required for regular maintenance, repair or replacement of the Landscaping and Irrigation System. D. Maximum Annual Expenditures, In no event is the Developer required to expend more than $17,000.00 (seventeen thousand dollars) in the aggregate per calendar year in satisfying all of its obligations under this Agreement. ARTICLE III INTERFERENCE The Developer agrees that it will perform its Maintenance obligations under this Agreement in a manner that does not interfere with the use by the public and the City's maintenance, repair and or replacement of Shady Oak Road, West 62nd Street, City West Parkway and the pedestrian bridge depicted on attached Exhibit B. ARTICLE IV ENFORCEMENT The City may enforce this Agreement by appropriate action and should it prevail in such litigation, it shall recover as part of its costs its reasonable attorneys' fees. ARTICLE V NOTICE Any notice required or permitted to be given by any party upon the other under this Agreement is given in accordance with this Agreement if it is directed to the City by delivering it personally to the City Clerk, or if it is directed to the Developer if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to the City: 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Director of Public Works If to the Developer: United HealthCare Services, Inc. Lease Administration - MN008-W310 9900 Bren Road East Minnetonka, MN 55343 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. ARTICLE VI GOVERNING LAW This Agreement is entered into and shall be governed by and construed in accordance with the internal laws of the State of Minnesota. ARTICLE VII RECORDING Within ten(10) days from execution by the City the Developer shall record a fully- executed original of this Agreement against the Property and filed in the appropriate official records of Hennepin County, Minnesota. Developer shall provide a copy of the recorded document to the City as soon after recording as practical. ARTICLE VIII SEVERABILITY If any term or provision of this Agreement is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from the Agreement without affecting the validity or enforceability of the remainder of the Agreement ARTICLE IX SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the Developer and the City and their respective heirs, personal and legal representatives, successors and assigns, including without limitation, all subsequent owners of the Property, any mortgagees thereof, and all persons claiming under them. The benefits and burdens created by this Agreement shall constitute covenants running with the land and shall benefit and be binding upon any successive owner of any portion of the Property benefited or burdened by this Agreement. ARTICLE X COUNTERPARTS This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same Agreement. Signatures of this Agreement which are transmitted by either or both electronic or telephonic means (including, without limitation, facsimile and email) are valid for all purposes. Any party shall, however, deliver an original signature of this Agreement to the other party upon request. ARTICLE XI ENTIRE AGREEMENT This Agreement, including all recitals and exhibits, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any and all prior understandings, negotiations, representations, promises and agreements, oral or written, by or among the parties, with respect to the subject matter of this Agreement. No representations, inducements, promises or agreements have been made in connection with this Agreement by any party, or anyone acting on behalf of any party, other than those expressly set forth in this Agreement. ARTICLE XII AMENDMENT No amendment of this Agreement shall be valid unless in writing, executed by the Developer and the City. No tenant of the Property shall be required to join in or have any right to consent to any amendment of this Agreement. ARTICLE XIII WAIVER No waiver of any provision of this Agreement shall be binding unless executed in writing by the party making the waiver. No waiver of any provision under this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writer waiver so specifies. ARTICLE XIV CAPTION The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. [SIGNATURES ON FOLLOWING TWO PAGES] IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the day and year first written above. CITY OF EDEN PRAIRIE By Nancy-Tyra Lulcens Its Mayor By Ricic Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by Nancy Tyra-Lulcens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public UNITED HEALTHCARE SERVICES, INC. By Restor Jol son Its Vice resident, Real Estate Services STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ( '_ day of'c rY sLc, 2013, by Restor Johnson, the Vice President, Real Estate Services, of United HealthCare Services, Inc., a Minnesota corporation on behalf of the company, f\ (i LOVii(k) 4,""i.4BRANDY MARIE MORROWki, Notary Pubhti -7• NOTARY PUBLIC-MINNESOTA :;;,;,;:; / My Commission Expires Jan,31,2017 r.n M THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow Gregerson, Rosow, Johnson & Nilan, LTD 650 Third Ave. South, Suite 1600 Minneapolis, MN 55402 EXHIBIT A Legal Description of Property Lot 1, Block 2; and Outlots A, B, H, I and J, City West Corporate Addition together with Lots 1 and 2, Block 1, City West Corporate 2nd Addition, all in Hennepin County. Exhibit B \ // . ,4 / • 1\\\' ••;:.:. - 1\\ :::://41 • I • ., ...... J.., I i 1 ..-61''' • .............- I — \\ 1 milli , \ ii . 1 . r riln,i,fli-hoT <11-111_,_,.-11LIT-H c 1117- \ • t 1: .' 11. \ 'i \a I \ a .. , ,ii p_ , il 0 ! 11 ,,I,Hill.1 i 0 tz rnempaii'' \\ h ) I LI 1:t, t \\ ''\ , -- II —I - 0 1 \\I ' ,-- \ ( A:k - 1 .___ . . . ______ \ \, --- ---"/ I • \\ \VN% .1 I.'--, ‘‘, 1 ..Y / \\\ss • • p \ - , •••..`,,N.- llllllll''.** ..----.. \-., I 1 ) s.4.. " - 4." \ _ . . • _ CITY WEST-PARKWAY ..:. ' ii :, i\,....,.............. 11 . ........ ...... 1" 11 kiln 1 .. .,-N.., la _ at Legend 67.? "sli DEVELOPER MAINTENANCE NORTH AGREEMENT AREAS L20101 25 4.02X0F01.d wg DN:283543 Ver: I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. 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 229502 —230082 Wire Transfers 1005626 — 1006039 Wire Transfers 4890 —4908 Attachments 4892 October Purchasing Card Payment City of Eden Prairie Council Check Summary 1/7/2014 Division Amount Division Amount General 137,727 315 Economic Developmer 1,422,149 100 City Manager 2,387 502 Park Development 77,887 101 Legislative 11,626 509 CIP Fund 6,086 102 Legal Counsel 36,848 512 CIP Trails 8,138 104 Contingency 181 522 Improvement Projects 12,683 110 City Clerk 8,482 526 Transportation Fund 114 111 Customer Service 9,867 527 CIP- Leasing Costs 4,520 112 Human Resources 211 528 Shady Oak Rd-CR 61 N 1,789,410 113 Communications 18,070 529 Shady Oak Rd-CR 61 Sc 130,732 114 Benefits&Training 9,230 530 Pool Upgrade/Expansii 41,436 130 Assessing 222 531 Eden Prairie Road 8,933 131 Finance 2,002 532 EP Road Connect Flying 4,118 132 Housing and Communi 259 Total Capital Project Ft 3,506,206 133 Planning 165 136 Public Safety Commun 4,214 601 Prairie Village Liquor 254,027 137 Economic Developmer 1,104 602 Den Road Liquor 450,485 138 Community Developm 457 603 Prairie View Liquor 283,632 150 Park Administration 954 605 Den Road Building 1,762 151 Park Maintenance 70,626 701 Water Fund 275,199 153 Organized Athletics 529 702 Sewer Fund 303,746 154 Community Center 42,049 703 Storm Drainage Fund 360,065 156 Youth Programs 5,519 Total Enterprise Funds 1,928,915 158 Senior Center 5,297 159 Recreation Administra 12,030 803 Escrow Fund 11,860 160 Therapeutic Recreatioi 64 806 SAC Agency Fund 34,090 161 Oak Point Pool 454 807 Benefits Fund 996,188 162 Arts 2,054 810 Workers Comp Insurar 714 163 Outdoor Center 950 811 Property Insurance 591 168 Arts Center 1,147 812 Fleet Internal Service 82,164 180 Police 42,111 813 IT Internal Service 198,061 183 Emergency Preparedni 990 814 Facilities Capital ISF 29,693 184 Fire 24,034 815 Facilites Operating ISF 93,249 186 Inspections 5,128 816 Facilites City Center ISI 118,572 200 Engineering 1,113 817 Facilites Comm. Centel 85,054 201 Street Maintenance 133,878 Total Internal Service F 1,650,235 202 Street Lighting 93,944 Total General Funds 685,925 Report Total 7,852,968 301 CDBG 10,898 303 Cemetary Operation 17 304 Senior Board 569 308 E-911 13,852 309 DWI Forfeiture 1,687 314 Liquor Compliance 3,100 317 Eden Prairie Players 301 Total Special Revenue 30,423 429 G.O. Improvement Bor 400 436 2009C G.O. CIP Refund 400 437 G.O. Perm. Improv. 20 400 439 G.O. Refunding Bonds 525 440 GO Perm Impr Ref Bon 525 445 Cable PEG 49,014 Total Debt Service Fun 51,264 City of Eden Prairie Council Check Register 1/7/2014 Check# Amount Supplier/ Explanation Account Description Business Unit Explanation 1005955 1,643,542 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 Non Shady Oak Rd/CR61 Nc 229685 599,687 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 2nd Half TIF Payment 229553 288,047 METROPOLITAN COUNCIL ENVIRONMENTAL SE MCES User Fee Sewer Utility-General Monthly MCES Paymer 1005802 257,403 EP CONSOLIDATED PROPERTIES LLC TIF Payment Project Fund 2nd Half TIF Payment 4905 257,005 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 229874 242,959 HEALTHPARTNERS Prepaid Expenses Health and Benefits January Medical/Denta 4894 208,025 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 229568 205,331 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage Riverview Rd Pond Rep 229690 138,326 WINDSOR PLAZA LLC TIF Payment Project Fund 2nd Half TIF Payment 4897 137,332 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 4908 136,349 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 229684 126,481 DOMINIUM TIF Payment Project Fund 2nd Half TIF Payment 4898 125,902 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating Sales & Use Tax 229687 125,331 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 2nd Half TIF Payment 1005855 124,894 LOGIS LOGIS IT Operating Monthly Logis Billing 1006024 122,424 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 Nor1 Shady Oak Rd/CR61 Nc 229688 104,767 TEALWOOD CARE CENTER TIF Payment Project Fund 2nd Half TIF Payment 229731 85,669 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 1005985 84,658 XCEL ENERGY Electric Public Safety Communications 1005781 78,831 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage 1005845 77,742 XCEL ENERGY Electric Street Lighting 229924 68,248 NEW LOOK CONTRACTING INC Improvements to Land Park Acquisition & Development 4892 65,410 US BANK Travel Expense Utility Operations-General 229595 61,820 ALLIED BLACKTOP CO Seal Coating Street Maintenance 230016 60,888 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 229971 52,799 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 229689 51,731 UNITED PROPERTIES TIF Payment Project Fund 229711 49,296 EDINA, CITY OF Other Contracted Services Communications 229759 49,102 SOUTHERN WINE &SPIRITS OF MN Liquor Den Road Liquor Store 230054 42,862 SOUTHERN WINE &SPIRITS OF MN Liquor Prairie Village Liquor Store 230074 42,286 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store 229773 41,902 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 229625 41,436 HAMMEL, GREEN AND ABRAHAMSON Design & Engineering Pool Upgrade/Expansion 229526 37,698 DIVERSIFIED CONSTRUCTION Capital Under$25,000 FF&E - Furn, Fixtures & Equip. 229737 33,749 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1005859 32,763 XCEL ENERGY Electric City Hall -CAM 229629 31,241 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 230026 30,942 MCF-LINO LAKES Other Contracted Services Street Maintenance 229813 30,000 SOTB LTD PARTNERSHIP Right of Way& Easement Shady Oak Rd-CR 61 North 229714 29,367 FINLEY BROS INC Other Contracted Services Flying Cloud Fields 229644 29,256 MINNESOTA DEPT OF HEALTH Licenses, Permits,Taxes Water Testing 1006008 26,350 LOGIS LOG IS IT Operating 4900 25,826 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1005750 24,850 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 229852 24,783 CURB MASTERS INC Crack Filling Water Treatment Plant 1005735 24,155 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 4907 23,892 ING Deferred Compensation General Fund 1005946 23,875 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Rehab 1005846 23,250 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 1005979 22,585 THORPE DISTRIBUTING Beer Den Road Liquor Store 1005811 21,929 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service Den Road Liquor Store 229970 21,624 ABM JANITORIALSERVICES-NORTH CENTRAL IN Janitor Service City Hall - CAM 229747 20,999 PHILLIPS WINE AND SPIRITS INC Bottle Deposits Prairie Village Liquor Store 4896 20,986 ING Deferred Compensation General Fund 1005710 20,811 HANSEN THORP PELLINEN OLSON Design & Engineering Park Acquisition & Development 229859 20,000 DJD PARTNERS VII, LLC Right of Way& Easement Shady Oak Rd-CR 61 North 229960 19,558 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Prairie Village Liquor Store 229589 19,264 WIRTZ BEVERAGE MINNESOTA BEER INC Misc Taxable Den Road Liquor Store 1005819 19,157 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 229895 18,656 KUECHLE UNDERGROUND INC Improvement Contracts Storm Drainage 1005997 18,522 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store 4895 18,519 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1005698 17,914 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 229680 17,819 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 1005836 17,557 THORPE DISTRIBUTING Beer Den Road Liquor Store 4906 17,273 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 230045 16,938 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 229828 16,795 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 North 1006035 16,347 WENCK ASSOCIATES INC Design & Engineering Storm Drainage 230043 16,201 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 229505 16,044 ABM JANITORIALSERVICES-NORTH CENTRAL IN Cleaning Supplies City Hall - CAM 229885 15,920 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store 229663 15,695 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Improvement Projects 2006 229774 14,825 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store 230075 14,604 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Prairie View Liquor Store 229888 14,176 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 1005744 14,114 THORPE DISTRIBUTING Beer Den Road Liquor Store 229936 14,000 REALTY ASSOCIATES FUND VIII LP Right of Way& Easement Shady Oak Rd-CR 61 North 230046 13,280 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 229899 13,274 LIGHTINGHOUSEUSA, INC Other Contracted Services Street Lighting 1005973 13,141 ST CROIX ENVIRONMENTAL INC Design & Engineering Wellhead Protection Plan 1005996 13,134 DAY DISTRIBUTING Beer Prairie Village Liquor Store 229706 13,119 CLEAR EDGE FILTRATION Repair& Maint. Supplies Water Enterprise Fund 229664 12,929 SOUTHERN WINE &SPIRITS OF MN Liquor Prairie View Liquor Store 229822 12,507 XIGENT SOLUTIONS LLC Hardware Maintenance IT Operating 4890 12,210 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits 229725 11,943 HOUSE OF PRINT Printing Community Brochure 229657 11,851 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 229862 11,546 EATON CORPORATION Equipment Repair& Maint E-911 Program 229686 11,497 HORNIG PROPERTIES TIF Payment Project Fund 229628 10,698 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store 1006015 10,633 PARROTT CONTRACTING INC Equipment Repair& Maint Street Maintenance 229730 10,567 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store 229896 10,045 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 229989 10,000 DISPLAY ARTS Other Contracted Services Environmental Education 1005810 9,795 DAY DISTRIBUTING Beer Den Road Liquor Store 1005935 9,754 DAIKIN APPLIED Contract Svcs- HVAC City Hall - CAM 230082 9,645 YOUNGBAUER, MIKE AR Utility Water Enterprise Fund 230041 9,534 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store 1005986 9,272 ADVANCED ENGINEERING & ENVIRONMENTAL Other Contracted Services Water Accounting 229959 9,158 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 229746 9,090 PAUSTIS &SONS COMPANY Wine Imported Den Road Liquor Store 1006026 8,991 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 229650 8,961 NOKOMIS SHOE SHOP Clothing & Uniforms Facilities Staff 1005727 8,940 PETERSON BROS ROOFING AND CONSTRUCTIO Contract Svcs- Roof City Hall - CAM 229670 8,896 SYMPRO INC Software Maintenance IT Operating 229623 8,879 HAGGENMILLER LUMBER INC Building Materials Outdoor Center 229654 8,710 PATCHIN MESSNER DODD & BRUMM Right of Way& Easement Shady Oak Rd-CR 61 North 229832 8,400 ARVIG CONSTRUCTION Other Hardware IT Capital 1005936 8,168 DAY DISTRIBUTING Beer Den Road Liquor Store 229575 8,146 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Storm Drainage 1005937 8,070 EPA AUDIO VISUAL INC Capital Under$25,000-Gen E Lounge Room 229544 8,043 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Den Road Liquor Store 1005742 7,871 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Wellhead Protection Plan 229772 7,801 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 1005762 7,781 DAY DISTRIBUTING Beer Prairie View Liquor Store 229645 7,633 MINNESOTA VALLEY ELECTRIC COOPERATIVE Other Contracted Services Fredrick Miller Spring 230055 7,542 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 1005951 7,434 INTEGRITY REMODELING & DESIGN GROUP LLC Capital Under$25,000 City Center Operations 229719 7,334 GRAYMONT Treatment Chemicals Water Treatment Plant 229622 7,314 GRAYMONT Treatment Chemicals Water Treatment Plant 229696 7,190 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 229761 6,925 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 229710 6,840 DONS SOD SERVICE Improvement Contracts CIP Trails 1005994 6,801 CERIDIAN Ceridian IT Operating 229576 6,784 SOUTHERN WINE &SPIRITS OF MN Wine Imported Prairie View Liquor Store 1005772 6,755 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006 1006037 6,631 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 229596 6,388 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Storm Drainage Projects 230073 6,304 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 1005736 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1006022 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 229552 6,159 MAGNEY CONSTRUCTION INC Equipment Repair& Maint Water Treatment Plant 229790 6,000 FRSECURE LLC Other Contracted Services IT Capital 229679 5,484 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 229741 5,401 NLC ACCOUNTS RECEIVABLE Dues&Subscriptions General Fund 229995 5,332 ELECTION SYSTEMS &SOFTWARE INC Operating Supplies Elections 230015 5,161 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store 229831 5,029 ARENA SOLUTIONS INC Other Contracted Services Facilities Capital 1005749 4,959 XCEL ENERGY Electric Traffic Signals 230006 4,820 HOHENSTEINS INC Beer Den Road Liquor Store 229962 4,589 YOUNGSTEDTS COLLISION CENTER Equipment Repair& Maint Fleet Operating 230071 4,520 WELSH COMPANIES Other Contracted Services CIP- Leasing Costs 1005843 4,519 WINE COMPANY,THE Wine Imported Den Road Liquor Store 1005982 4,508 VAN PAPER COMPANY Cleaning Supplies City Hall -CAM 229748 4,419 POWERPLAN OIB Equipment Repair& Maint Fleet Operating 229794 4,375 HILSON, DANIEL Deposits Escrow 229652 4,314 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Utility Operations-General 229535 4,190 HEEBINK ARCHITECTUAL WOODWORK LLC Capital Under$25,000 FF&E- Furn, Fixtures& Equip. 1005850 4,134 CENTERPOINT ENERGY Gas Water Treatment Plant 1005828 4,113 MPX GROUP,THE Printing Police 229878 4,107 HENNEPIN COUNTY TREASURER Other Contracted Services General Fund 1005856 4,012 METRO SALES INCORPORATED* Equipment Repair& Maint IT Operating 229947 4,000 TECH SALES CO Process Control Services Water Treatment Plant 229823 3,973 US POSTMASTER Postage Communications 229655 3,867 PAUSTIS &SONS COMPANY Wine Imported Prairie View Liquor Store 229647 3,853 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 1006027 3,792 TOWMASTER INC Machinery& Equipment Street Maintenance 1006039 3,748 XCEL ENERGY Electric Street Lighting 1005775 3,744 INTERSTATE POWER SYSTEMS INC Equipment Repair& Maint Utility Operations-General 1005989 3,742 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store 229870 3,729 GRAYMONT Treatment Chemicals Water Treatment Plant 230001 3,718 GRAYMONT Treatment Chemicals Water Treatment Plant 1006032 3,681 VINOCOPIA Liquor Prairie Village Liquor Store 1005820 3,660 GUNNAR ELECTRIC CO INC Equipment Repair& Maint Street Maintenance 229723 3,644 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/Schoi Fire 1005945 3,641 GREENSIDE INC Contract Svcs-Snow Remova City Hall -CAM 1006005 3,629 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 229724 3,629 HOHENSTEINS INC Beer Prairie View Liquor Store 1005719 3,622 METRO SALES INCORPORATED* Other Rentals Customer Service 229795 3,473 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1005848 3,447 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall - CAM 229738 3,431 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Concessions 229538 3,361 HOHENSTEINS INC Beer Prairie View Liquor Store 229954 3,220 VERIZON WIRELESS Wireless Subscription IT Operating 229565 3,202 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 1005751 3,201 ZIEGLER INC Equipment Parts Park Maintenance 229546 3,188 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 229720 3,178 HD SUPPLY WATERWORKS LTD Repair& Maint. Supplies Water Enterprise Fund 229973 3,121 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 229605 3,086 CENTURYLINK Elevators IT Telephone 1005796 3,045 VINOCOPIA Liquor Prairie View Liquor Store 229837 3,033 BLOOMINGTON, CITY OF Kennel Services Animal Control 229609 3,010 CURBSIDE LANDSCAPE & IRRIGATION Improvement Contracts Shady Oak Rd-CR 61 North 229853 3,000 CUT& FILL INC. Waste Disposal Street Maintenance 229932 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 230053 3,000 SOUTH DALE YMCA-CHILD CARE Refunds CDBG - Public Service 229764 2,982 STERLING FENCE INC Crack Filling Street Maintenance 229958 2,935 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 1005702 2,933 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Enterprise Fund 229541 2,897 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 229598 2,868 ARTISAN BEER COMPANY Beer Prairie View Liquor Store 1005776 2,832 ITRON INC. Maintenance Contracts Water Metering 1005822 2,778 HAWKINS INC Repair& Maint. Supplies Water Treatment Plant 1005927 2,773 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage Projects 1005701 2,704 DAIKIN APPLIED Contract Svcs- HVAC City Hall - CAM 1005840 2,635 VAN PAPER COMPANY Cleaning Supplies City Hall -CAM 1005783 2,595 ON CALL SERVICES Contract Svcs-General Bldg Gymnasium (CC) 229876 2,587 HENNEPIN COUNTY ELECTIONS Postage Elections 229801 2,580 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1005770 2,579 GRAINGER Repair& Maint. Supplies Facilities Staff 1005714 2,570 LOCATORS&SUPPLIES INC Small Tools Park Maintenance 1005763 2,531 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair& Maint Fire 229656 2,500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 1006038 2,469 WSB &ASSOCIATES INC Other Contracted Services Capital Impr./Maint. Fund 1005795 2,449 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1005823 2,424 IDENTISYS Software Maintenance General Fund 230002 2,418 HAGGENMILLER LUMBER INC Building Materials Outdoor Center 229927 2,378 NORTHLAND MECHANICAL CONTRACTORS Other Contracted Services Rehab 230056 2,377 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFII Employment Advertising Prairie Village Liquor Store 1006025 2,365 STREICHERS Clothing& Uniforms Police 229702 2,324 BERNICK'S WINE Beer Den Road Liquor Store 229993 2,300 EDEN PRAIRIE HEATING AIR CONDITIONING IN Other Contracted Services Rehab 229883 2,292 IND SCHOOL DISTRICT#272 Refunds CDBG - Public Service 229839 2,287 BROTHERS FIRE PROTECTION Contract Svcs- Fire/Life/Sfty Senior Center 1005741 2,235 SRF CONSULTING GROUP INC Design & Engineering Capital Maint. & Reinvestment 1005794 2,175 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 1005689 2,136 2ND WIND EXERCISE Reimbursement Police 229632 2,085 KEEPERS Clothing& Uniforms Reserves 229585 2,026 VESSCO INC Repair& Maint. Supplies Water Treatment Plant 1005806 2,008 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 1005971 2,000 ROJAS, REGINA Tuition Reimbursement/Schol Organizational Services 229929 1,995 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 1005808 1,969 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 2006 1005759 1,957 CENTERPOINT ENERGY Gas Prairie View Liquor Store 1005769 1,950 GENUINE PARTS COMPANY Equipment Parts Sewer System Maintenance 1005784 1,925 PAUL'S TWO-WAY RADIO Equipment Repair& Maint Public Safety Communications 229974 1,909 AUTHENTIC EDGE LLC Conference/Training Finance 229718 1,907 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 229754 1,887 RED WING SHOE STORE Clothing& Uniforms Fleet Operating 4902 1,885 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits 229517 1,883 BLOOMINGTON, CITY OF Kennel Services Animal Control 1006034 1,879 WATSON CO INC,THE Merchandise for Resale Concessions 230070 1,850 WELLS FARGO BANK MINNESOTA NA Prepaid Expenses GO Perm Impr Ref Bonds 2011D 229915 1,793 MINVALCO INC Supplies- Fire/Life/Safety Police City Center 1005798 1,785 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 229979 1,769 BOURGET IMPORTS Wine Imported Prairie Village Liquor Store 229890 1,766 KEEPERS Clothing& Uniforms Fire 1005755 1,693 BIFFS INC Waste Disposal Round Lake 1005734 1,692 REINDERS INC Chemicals City Hall -CAM 229978 1,675 BOMA MINNEAPOLIS Dues&Subscriptions Den Bldg. -CAM 1005754 1,667 BELLBOY CORPORATION Misc Taxable Prairie View Liquor Store 1005841 1,634 W W GOETSCH ASSOCIATES INC Repair& Maint. Supplies Water Treatment Plant 1005983 1,623 VINOCOPIA Liquor Den Road Liquor Store 229949 1,613 TITAN ENERGY SYSTEMS Contract Svcs- Fire/Life/Safe Police City Center 229549 1,609 KODIAK CUSTOM LETTERING INC Clothing& Uniforms Fitness Center 230003 1,593 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1006029 1,588 TYRA-LUKENS, NANCY Travel Expense City Council 1005829 1,586 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 1005699 1,580 CLAREY'S SAFETY EQUIPMENT Conference/Training Utility Operations-General 1005716 1,566 LUBRICATION TECHNOLOGIES INC Equipment Repair& Maint Fleet Operating 1005934 1,563 CLAREY'S SAFETY EQUIPMENT Conference/Training Facilities Staff 230081 1,560 UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 229681 1,558 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Prairie View Liquor Store 229502 1,554 3D SPECIALTIES Signs Traffic Signs 229512 1,553 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1005924 1,532 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1005708 1,519 GRAINGER Repair& Maint. Supplies Fitness/Conference-Cmty Ctr 230028 1,519 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Den Road Liquor Store 229865 1,483 G&K SERVICES Clothing& Uniforms Park Maintenance 229786 1,475 COSTCO Operating Supplies Parks Administration 229577 1,455 STAPLES ADVANTAGE Office Supplies Police 230032 1,447 MINNESOTA WANNER COMPANY Equipment Parts Snow& Ice Control 1005812 1,440 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair& Maint Fire 229594 1,439 ADESA MPLS Miscellaneous DWI Forfeiture 1006021 1,426 R& R SPECIALTIES OF WISCONSIN INC Repair& Maint- Ice Rink Ice Arena Maintenance 1005717 1,425 LYNDALE PLANT SERVICES Contract Svcs- Int. Landscape City Hall - CAM 1005712 1,422 IDEAL SERVICE INC Equipment Repair& Maint Water Wells 229836 1,411 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1005711 1,411 HORIZON COMMERCIAL POOL SUPPLY Supplies- Pool Pool Maintenance 229909 1,407 MHSRC/RANGE Tuition Reimbursement/Schoi Police 1005771 1,385 GREENSIDE INC Contract Svcs-Snow Remova City Hall - CAM 229753 1,380 RAVELING COMPANIES LLC Equipment Repair& Maint Fleet Operating 229613 1,369 EARL F ANDERSEN INC Signs Traffic Signs 229602 1,365 BETHEL UNIVERSITY Tuition Reimbursement/Schoi Fire 229707 1,332 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 1005793 1,329 STREICHERS Capital Under$25,000 Police 229591 1,326 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie Village Liquor Store 229873 1,325 HD SUPPLY WATERWORKS LTD Equipment Parts Water Metering 1005849 1,322 CDW GOVERNMENT INC. Other Hardware IT Operating 1005709 1,320 HACH COMPANY Laboratory Chemicals Water Treatment Plant 229701 1,312 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1005799 1,307 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1005746 1,300 VAN PAPER COMPANY Cleaning Supplies City Hall - CAM 1006036 1,269 WICKSTROM, SHERRY BUTCHER Travel Expense City Council 229676 1,258 WALDORF COLLEGE Tuition Reimbursement/Schoi Fire 229554 1,255 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Concessions 229886 1,250 JOBSINMINNEAPOLIS.COM Employment Advertising Organizational Services 1005858 1,238 USA MOBILITY WIRELESS INC Pager& Cell Phone IT Telephone 229607 1,223 CONSTRUCTION MATERIALS INC Crack Filling Street Maintenance 1005939 1,219 FASTSIGNS Advertising Community Band 229582 1,217 UNIFORMS UNLIMITED Clothing & Uniforms Reserves 1006014 1,203 PARK SUPPLY OF AMERICA INC Supplies- Plumbing Police City Center 229694 1,181 AFTER BURNER AUTO BODY Auto Repair& Maint. Water Treatment Plant 229771 1,178 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 229857 1,178 DEZURIK WATER CONTROLS Repair& Maint. Supplies Water Treatment Plant 229557 1,176 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 229999 1,147 G&K SERVICES Clothing & Uniforms Fleet Operating 229732 1,142 KEEPERS Clothing& Uniforms Fire 229570 1,133 RETROFIT COMPANIES, INC,THE Supplies - Electrical Fitness/Conference-Cmty Ctr 1005831 1,131 OENO'S DISTRIBUTION Wine Domestic Den Road Liquor Store 1005932 1,127 BRAUN INTERTEC CORPORATION Other Contracted Services CIP Trails 229514 1,113 BECKER ARENA PRODUCTS INC Contract Svcs- Ice Rink Ice Arena Maintenance 229869 1,094 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 229766 1,060 TEAM LABORATORY CHEMICAL CORPORATION Repair& Maint. Supplies Sewer Liftstation 1005821 1,044 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1005975 1,028 STREICHERS Clothing & Uniforms Police 1005958 1,020 METRO SALES INCORPORATED* Other Hardware IT Operating 1006030 1,007 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Fire 1005731 1,004 PROSOURCE SUPPLY Repair& Maint- Ice Rink Fitness/Conference- Cmty Ctr 229988 1,000 DAKOTA COUNTY TECHNICAL COLLEGE Conference/Training Utility Operations-General 229713 992 EULL'S MANUFACTURING CO INC Crack Filling Street Maintenance 229516 978 BERNICK'S WINE Misc Taxable Prairie View Liquor Store 1005797 959 WATSON CO INC,THE Merchandise for Resale Concessions 229528 957 EATON CORPORATION Equipment Repair& Maint E-911 Program 229627 951 INNOVATIVE GRAPHICS Operating Supplies Police 1005853 933 GRANICUS INC Equipment Repair& Maint Cable PEG 1005999 925 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 229880 925 HOHENSTEINS INC Beer Den Road Liquor Store 1005786 924 PETERSON BROS ROOFING AND CONSTRUCTIO Contract Svcs- Roof Ice Arena Maintenance 229942 917 SOUTHERN WINE &SPIRITS OF MN Liquor Den Road Liquor Store 1005816 916 FERRELLGAS Operating Supplies Dorenkemper House 229513 914 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 229703 910 BOOM ISLAND BREWING COMPANY Beer Den Road Liquor Store 1005752 899 ANCHOR PAPER COMPANY Office Supplies Police 229608 889 CONTINENTAL SAFETY EQUIPMENT Repair& Maint- Ice Rink Ice Arena Maintenance 1005747 878 WATSON CO INC,THE Merchandise for Resale Concessions 1005847 876 ADAMS PEST CONTROL INC Contract Svcs- Pest Control Historical Buildings 229640 870 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 229926 870 NORTHERN AIR CORPORATION Contract Svcs- Plumbing Pool Maintenance 1005839 870 US HEALTH WORKS MEDICAL GRP MN, PC Health & Fitness Fire 4899 869 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1006006 861 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair& Maint Water Treatment Plant 229709 854 DOMACE VINO Wine Imported Den Road Liquor Store 230060 854 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 229572 850 RUTLEDGE CONSTRUCTION CO Building Repair& Maint. Water Wells 230022 850 MARTIN-MCALLISTER Employment Support Test Organizational Services 1005835 846 STREICHERS Clothing & Uniforms Police 229956 845 VINE LINE DISTRIBUTION LLC Wine Domestic Den Road Liquor Store 1005842 826 WATSON CO INC,THE Merchandise for Resale Concessions 229556 825 MINNESOTA ELEVATOR INC Building Repair& Maint. Public Works/Parks 229905 816 MASTER CRAFT LABELS INC Printing Community Center Admin 229854 813 DAILEY DATA&ASSOCIATES Computers Prairie Village Liquor Store 1005827 812 MITTELSTADT, SCOTT Canine Supplies Police 229704 811 BOURGET IMPORTS Wine Imported Den Road Liquor Store 229641 806 MEDICINE LAKE TOURS Special Event Fees Trips 229542 803 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 230012 803 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 229950 800 TKO WINES, INC Wine Imported Den Road Liquor Store 229518 800 BRANDL ANDERSON HOMES INC. Reimbursement Escrow 229894 799 KRISS PREMIUM PRODUCTS INC Supplies- HVAC Ice Arena Maintenance 4903 793 DELUXE BUSINESS FORMS AND SUPPLIES Miscellaneous Community Center Admin 229827 792 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1005760 790 CLAREY'S SAFETY EQUIPMENT Conference/Training Facilities Staff 229573 788 SCHMITT, NANCY Deposits-P&R Refunds Community Center Admin 230010 786 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 230011 786 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 229614 786 ENEBAK CONSTRUCTION Outside Water Sales Escrow 1005694 785 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General 229994 778 EDEN PRAIRIE MALL LLC Building Rental Police 229692 750 ABSOLUTE RAIN INC. Contract Svcs- Lawn Maint. Fire Station #1 229952 743 US FOOD CULINARY EQUIPMENT& SUPPLIES Operating Supplies Concessions 229770 743 WALDORF COLLEGE Tuition Reimbursement/Schoi Fire 229603 737 BOURGET IMPORTS Wine Domestic Den Road Liquor Store 229667 733 STAPLES ADVANTAGE Office Supplies Customer Service 230000 730 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 229742 726 NORTH STAR PUMP SERVICE Equipment Repair& Maint Water Treatment Plant 229743 717 NORTHERN AIR CORPORATION Contract Svcs-General Bldg Ice Arena Maintenance 230014 714 J J KELLER &ASSOCIATES INC Training Supplies Workers Comp Insurance 229997 707 FLEET MAINTENANCE INC Equipment Repair& Maint Fleet Operating 229877 700 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 229606 688 CENTURYLINK Telephone Water Distribution 229642 686 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 229750 686 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 1005824 672 KIDS TEAM TENNIS LLC Instructor Service Tennis 229972 660 AMERIPRIDE LINEN &APPAREL SERVICES Janitor Service Den Road Liquor Store 229617 655 EULL'S MANUFACTURING CO INC Repair& Maint. Supplies Storm Drainage 1005807 654 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations -General 229740 650 NAIOP Dues &Subscriptions General Fund 229977 647 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 229579 646 TKO WINES, INC Wine Imported Prairie View Liquor Store 1005691 645 A-SCAPE INC Contract Svcs- Lawn Maint Den Bldg. -CAM 229620 622 G&K SERVICES Clothing& Uniforms Facilities Staff 1005757 619 BOUNDLESS NETWORK Operating Supplies Fit Kids Club 1006010 616 METRO SALES INCORPORATED* Other Rentals IT Operating 1006003 612 GRAINGER Repair& Maint. Supplies City Center Operations 229980 608 BROADWAY RENTAL EQUIPMENT CO Other Rentals Emergency Preparedness 1005972 603 ROTO-ROOTER Contract Svcs- Plumbing Fire Station #1 230061 602 TITAN ENERGY SYSTEMS Contract Svcs-Gener Fire Station #4 1005813 600 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 229941 600 SIGSBEE, WILL Operating Supplies Fire 230042 600 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 1005988 598 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 230072 592 WILDLIFE SCIENCE CENTER Other Contracted Services Outdoor Center 1005756 591 BOGREN,ANN Insurance Property Insurance 229736 587 MATSON,TOM Small Tools Fleet Operating 229555 585 MILIO'S SANDWICHES Merchandise for Resale Concessions 229875 572 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1005777 570 JEFFERSON FIRE &SAFETY INC Small Tools Fire 229601 561 BERRY COFFEE COMPANY Merchandise for Resale Concessions 230004 556 HENNEPIN COUNTY I/T DEPT Equipment Repair& Maint Public Safety Communications 229717 549 G&K SERVICES Clothing& Uniforms Street Maintenance 229529 548 ELFRING &ASSOCIATES, PLC Reimbursement Escrow 1005978 543 THE OASIS GROUP Employee Assistance Organizational Services 230013 540 INTERTECH INC Other Contracted Services IT Operating 1005852 540 GOVDELIVERY Software Maintenance IT Operating 1006002 540 GOVDELIVERY Software Maintenance IT Operating 1005692 540 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 229716 534 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Den Road Liquor Store 1005854 534 HD SUPPLY FACILITIES MAINTENANCE Supplies - Electrical Fitness/Conference - Cmty Ctr 230065 532 VINOANDES Wine Imported Den Road Liquor Store 1005938 530 FASTENAL COMPANY Repair& Maint. Supplies Fleet Operating 229734 528 LANO EQUIPMENT INC Equipment Parts Fleet Operating 230009 525 IAAO Dues &Subscriptions General Fund 229661 516 RIGHTWAY GLASS INC Equipment Repair& Maint Fleet Operating 229626 513 INFRATECH Repair& Maint. Supplies Water System Maintenance 1005697 510 BRAUN INTERTEC CORPORATION Other Contracted Services Facilities Capital 1005804 501 A-SCAPE INC Contract Svcs-Snow Remova Den Bldg. -CAM 1005696 501 BOUNDLESS NETWORK Printing Pool Lessons 229586 500 WILDLIFE REMOVAL SERVICES Other Contracted Services Storm Drainage 229633 500 KNOWLEDGE MARKETING, LLC Other Contracted Services Communications 1005977 500 TAYLOR, SCOTT Tuition Reimbursement/Schol Fire 229673 500 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 229509 497 AMERIPRIDE LINEN &APPAREL SERVICES Janitor Service Den Road Liquor Store 230039 497 OXYGEN SERVICE COMPANY Operating Supplies Fire 1005968 492 POMP'S TIRE SERVICE INC Tires Fleet Operating 1005923 489 ADAMS PEST CONTROL INC Contract Svcs- Pest Control Cummins Grill House 230036 487 NORTHERN AIR CORPORATION Supplies- HVAC Ice Arena Maintenance 1006016 481 PITNEY BOWES Postage Customer Service 229524 479 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1006009 475 METRO ELEVATOR INC Contract Svcs - Elevator City Hall - CAM 1005987 470 AMERITRAK Other Contracted Services Snow & Ice Control 229604 467 CEMSTONE PRODUCTS COMPANY Repair& Maint. Supplies Storm Drainage 229783 467 CENTURYLINK Telephone IT Telephone 230079 465 MINNESOTA SAFETY COUNCIL Prepaid Expenses General Fund 1005805 462 BATTERIES PLUS Operating Supplies Fitness/Conference- Cmty Ctr 229948 459 TESSMAN SEED CO Chemicals Park Maintenance 229691 458 PETTY CASH-POLICE DEPT Operating Supplies Police 1005969 456 PRAIRIE ELECTRIC COMPANY Contract Svcs- Electrical Cummins Grill House 229699 455 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage 1005967 454 PAUL'S TWO-WAY RADIO Equipment Repair& Maint Public Safety Communications 1005844 445 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1005933 444 CDW GOVERNMENT INC. Small Tools Facilities Staff 1005743 432 STAR TRIBUNE MEDIA COMPANY LLC Dues &Subscriptions General Fund 1005925 430 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 229721 425 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Tuition Reimbursement/Schoi Fire 229674 424 VERIZON WIRELESS Telephone Park Maintenance 229659 422 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1005981 422 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 1005830 421 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1005707 417 FORCE AMERICA Equipment Parts Fleet Operating 1005780 414 MENARDS Operating Supplies Outdoor Center 1005942 406 GARTNER REFRIGERATION & MFG INC Repair& Maint- Ice Rink Ice Arena Maintenance 1006007 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1005944 405 GRAINGER Lab Supplies City Hall - CAM 229992 403 EDEN PRAIRIE CEMETERY Outside Water Sales Escrow 229678 400 WELLS FARGO BANK MINNESOTA NA Paying Agent 2009C G.O. CIP Refunding Bonds 229708 400 DAVANNI'S PIZZA Merchandise for Resale Concessions 229856 400 DAVANNI'S PIZZA Merchandise for Resale Concessions 229868 400 GILLUND ENTERPRISES Operating Supplies Fleet Operating 229991 395 EDAM Dues &Subscriptions General Fund 230069 393 WEIGH-RITE SCALE CO, INC Repair& Maint. Supplies Water Enterprise Fund 229560 393 NOVAK STUMP REMOVAL Other Contracted Services Tree Disease 229551 391 LIFETIME FITNESS, INC Outside Water Sales Escrow 1005947 390 HACH COMPANY Lab Supplies Water Treatment Plant 229903 385 MAECK,TOM Other Contracted Services Community Band 1005966 384 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 230057 382 STAPLES ADVANTAGE Office Supplies Police 230017 380 KAISER, DAVID S Equipment Repair& Maint Fitness Center 229669 380 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1005790 377 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 229581 377 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs 229834 376 BECKER ARENA PRODUCTS INC Contract Svcs- Ice Rink Ice Arena Maintenance 229756 375 SCHMITTOWING INC Training Supplies Fire 229519 375 CENTURYLINK Telephone IT Telephone 1006000 371 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund 1006004 369 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1005832 369 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store 229930 366 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 229564 364 PARK JEEP INC Equipment Parts Fleet Operating 229776 360 ASPEN CARPET CLEANING Janitor Service Police City Center 229996 360 FIRE SAFETY USA INC Equipment Repair& Maint Fire 229943 355 STAPLES ADVANTAGE Office Supplies Customer Service 229672 350 UNIFORMS UNLIMITED Equipment Repair& Maint Police 229584 349 US HEALTH WORKS MEDICAL GRP MN, PC Health & Fitness Organizational Services 229914 347 MINT CONDITION DETAILING INC Equipment Repair& Maint Fleet Operating 230007 341 HOME DEPOT CREDIT SERVICES Supplies - Plumbing Cummins Grill House 1005700 339 CUSTOM HOSE TECH Equipment Parts Fleet Operating 230051 325 SERVICEMASTER TC Equipment Repair& Maint Utility Operations-General 229758 320 SONETICS CORPORATION Equipment Repair& Maint Public Safety Communications 229775 316 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 229508 314 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg Police City Center 1005950 311 HD SUPPLY FACILITIES MAINTENANCE Supplies- General Bldg Fitness/Conference- Cmty Ctr 229722 308 HENNEPIN COUNTY I/T DEPT Equipment Repair& Maint Public Safety Communications 229621 305 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 230078 301 INSTITUTE OF TRANSPORTATION ENGINEERS Prepaid Expenses General Fund 229700 300 BARTON SAND &GRAVEL CO Repair& Maint. Supplies Storm Drainage 230077 300 GOODHUE COUNTY SHERIFF'S DEPT Deposits Escrow 1006013 296 OENO'S DISTRIBUTION Wine Domestic Den Road Liquor Store 230080 295 UNIVERSITY OF MINNESOTA Prepaid Expenses General Fund 1006033 293 VTI Supplies-Security Public Works/Parks 229908 291 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 229630 291 JOHNSTONE SUPPLY Supplies- HVAC Pool Maintenance 1005726 289 OSI BATTERIES INC Office Supplies Police 1005724 287 NORTHWEST ASPHALT Outside Water Sales Escrow 1005705 283 FASTENAL COMPANY Repair& Maint. Supplies Water Treatment Plant 1005774 282 HIRSHFIELD'S Repair& Maint. Supplies Water Treatment Plant 229592 280 NICOLLET COUNTY SHERIFF'S DEPT Deposits Escrow 229705 280 BURKE, DENNIS Canine Supplies Police 230068 280 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 229841 275 CHINOOK BOOK Operating Supplies Environmental Education 229765 271 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 229969 268 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 229563 268 PAPCO INC Cleaning Supplies City Hall -CAM 229981 267 BUSINESS IMPACT GROUP Operating Supplies Fire 1005723 260 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 229768 259 TRUCK UTILITIES MFG CO Equipment Parts Fleet Operating 230029 259 MILIO'S SANDWICHES Merchandise for Resale Concessions 229855 259 DALMASSO, HORACIO AR Utility Water Enterprise Fund 1005766 256 FEDEX KINKO'S OFFICE AND PRINT SERVICES Printing Communications 1005815 252 FASTENAL COMPANY Small Tools Water Metering 229884 252 J A G FITNESS SERVICES LLC Equipment Repair& Maint Fitness Center 229587 251 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 1006019 250 PRINTERS SERVICE INC Contract Svcs- Ice Rink Ice Arena Maintenance 229537 250 HITESMAN &ASSOCIATES, P.A. Other Contracted Services Organizational Services 229843 250 CHRISTIANSEN, ERIC Refunds Environmental Education 1005953 250 KIDCREATE STUDIO Other Contracted Services Environmental Education 1005713 248 KUSTOM SIGNALS INC Equipment Repair& Maint Police 1005957 248 METRO ELEVATOR INC Contract Svcs- Elevator City Hall -CAM 229600 246 BARNUM GATE SERVICES INC Building Repair& Maint. Utility Operations-General 229651 243 NORTHWEST LIGHTING SYSTMES CO. Contract Svcs- Electrical Park Shelters 229666 240 ST CROIX TREE SERVICE INC Other Contracted Services Douglas More House 229646 239 MINUTEMAN PRESS Printing Wine Club 1006020 239 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1006011 235 NEW FRANCE WINE COMPANY Wine Imported Prairie Village Liquor Store 1005706 233 FILTRATION SYSTEMS Building Repair& Maint. Water Treatment Plant 1005718 233 MENARDS Operating Supplies Water Treatment Plant 229867 232 GE CAPITAL Other Rentals IT Operating 1005721 230 MILLARD, CHRIS Conference/Training Police 1005748 226 WILSON,JOHN D. Operating Supplies Police 229863 225 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 229945 223 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1005800 222 XCEL ENERGY Electric Forest Hills Park 1005833 219 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 229504 216 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 229733 216 LAKE COUNTRY DOOR LLC Building Repair& Maint. Water Storage 229567 216 PROP United Way Withheld General Fund 230049 216 PROP United Way Withheld General Fund 229539 215 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 229653 214 PARK JEEP INC Equipment Parts Fleet Operating 229638 214 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating 230067 211 WARNING LITES Operating Supplies Street Maintenance 230047 211 PROP United Way Withheld General Fund 230048 211 PROP United Way Withheld General Fund 229785 211 COMCAST Wireless Subscription IT Operating 229636 208 LANO EQUIPMENT INC Other Rentals Street Maintenance 229561 208 OMEGA INDUSTRIES Equipment Repair& Maint Park Maintenance 229847 206 COMCAST Operating Supplies Fire 229693 206 ADESA MPLS Miscellaneous DWI Forfeiture 230020 204 KODIAK CUSTOM LETTERING INC Merchandise for Resale Birthday Parties 230076 200 XIGENT SOLUTIONS LLC Software Maintenance IT Operating 1005976 200 SWANSON, SARAH Tuition Reimbursement/Schol Fitness Classes 229662 198 SHAMROCK GROUP, INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 1005801 198 GINA MARIAS INC Operating Supplies Police 229835 198 BENOWITZ, MITCHELL AR Utility Water Enterprise Fund 229851 197 CRISIS COMPANY LLC Other Contracted Services Police 1005970 196 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 230021 195 LAKE COUNTRY DOOR LLC Building Repair& Maint. Water Wells 230037 192 NOVAK STUMP REMOVAL Other Contracted Services Miller Park 1005930 192 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 229527 191 DONALD SALVERDA&ASSOCIATES Conference/Training Community Development Admin. 230066 189 VUOLO, SUANNE Refunds Environmental Education 229610 188 DAILEY DATA&ASSOCIATES Computers Prairie Village Liquor Store 229682 186 CUB FOODS EDEN PRAIRIE Clothing& Uniforms Police 1005837 186 TRI COUNTY BEVERAGE &SUPPLY Misc Non-Taxable Prairie View Liquor Store 229540 185 IIMC Prepaid Expenses General Fund 1005814 184 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 229698 183 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair& Maint Fleet Operating 229751 181 PRINT SOURCE MINNESOTA Printing Reserve 229618 180 FBI-NAA, NORTHWEST CHAPTER Prepaid Expenses General Fund 1005984 179 WATSON CO INC, THE Merchandise for Resale Concessions 229923 177 NAUMAN, KAREN Deposits-P&R Refunds Community Center Admin 229675 176 VERSA-LOK Gravel Street Maintenance 1005959 176 MICHAELSON, ELIZABETH H Operating Supplies Summer Theatre 229824 176 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 229510 175 ASPEN MILLS Clothing& Uniforms Fire 1005745 171 TWIN CITY SEED CO Improvement Contracts CIP Trails 229643 171 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 229536 171 HENNEPIN COUNTY TAXPAYER SERVICES DEPT Other Contracted Services Engineering 1005768 169 GANDRUD, DAVID Operating Supplies Emergency Preparedness 229934 169 PULTE HOMES OF MN 1009 AR Utility Water Enterprise Fund 1005725 168 NUCO2 INC Supplies - Pool Pool Maintenance 4901 167 OPTUM HEALTH Other Contracted Services Health and Benefits 1005767 167 FERRELLGAS Repair& Maint. Supplies Utility Operations-General 1005964 166 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1005728 165 POMP'S TIRE SERVICE INC Tires Fleet Operating 229597 164 AMERIPRIDE LINEN &APPAREL SERVICES Janitor Service Den Road Liquor Store 229829 164 AMERIPRIDE LINEN &APPAREL SERVICES Janitor Service Den Road Liquor Store 229850 164 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair& Maint. Supplies Storm Drainage 229845 162 COMCAST Operating Supplies Fire 1005738 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 1006031 160 USA SECURITY Maintenance Contracts Utility Operations -General 230005 159 HENNEPIN COUNTY TAXPAYER SERVICES DEPT Other Contracted Services Engineering 229990 158 DOMACE VINO Wine Domestic Prairie Village Liquor Store 1005789 158 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference - Cmty Ctr 1005788 157 PRAIRIE ELECTRIC COMPANY Contract Svcs- Electrical City Hall - CAM 1005818 157 GRAINGER Repair& Maint. Supplies Water Treatment Plant 1006017 156 PRAIRIE ELECTRIC COMPANY Building Repair& Maint. Water Wells 229543 155 J H LARSON COMPANY Building Repair& Maint. Park Maintenance 229846 155 COMCAST Operating Supplies Fire 229849 155 COMCAST Operating Supplies Fire 230058 155 STRAND MANUFACTURING CO INC Small Tools Water Metering 1005732 155 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 229763 154 STAPLES ADVANTAGE Office Supplies Customer Service 229634 151 KOCOUREK,JOAN Clothing& Uniforms Police 230038 151 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Police 229616 150 ESTUM,JEFF Refunds Environmental Education 1005995 150 CLAREY'S SAFETY EQUIPMENT Clothing & Uniforms Street Maintenance 1005952 149 INTERSTATE POWER SYSTEMS INC Equipment Repair& Maint Utility Operations-General 229548 148 KENDELL DOORS & HARDWARE INC Supplies-Security Fitness/Conference - Cmty Ctr 229897 146 LEE, EN AR Utility Water Enterprise Fund 229782 141 CARROLL, DAVID AR Utility Water Enterprise Fund 4893 141 CERIDIAN Garnishment Withheld General Fund 229569 141 RANDALL, CAROLE AR Utility Water Enterprise Fund 229658 141 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 230050 141 SBSI INC Software Maintenance IT Operating 1005825 140 MENARDS Small Tools Fleet Operating 229762 139 ST PAUL, CITY OF Tuition Reimbursement/Schol Police 229593 139 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Storm Drainage 229757 139 SHAMROCK GROUP, INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 1005991 138 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair& Maint Police 1005765 136 FEDEX Postage Human Resources 229562 135 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 230027 133 MICRO CENTER A/R Miscellaneous IT Operating 1005926 133 BANK BEER CO Beer Den Road Liquor Store 229534 132 HD SUPPLY WATERWORKS LTD Small Tools Water Enterprise Fund 229777 131 AWES,JACKIE AR Utility Water Enterprise Fund 229879 130 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1005954 129 KRUEGER, MARK Operating Supplies Reserves 229767 128 TLO LLC Other Contracted Services Police 229735 128 LORENZ LUBRICANT COMPANY Equipment Parts Fleet Operating 1005851 127 DE LAGE LAN DEN FINANCIAL SERVICES Other Rentals IT Operating 230059 126 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 229778 125 BERGER, CARLOS Deposits-P&R Refunds Community Center Admin 1005948 125 HAMMOND, ABIGAIL Tuition Reimbursement/Schol Fitness Classes 229898 124 LENOX, MADELINE Deposits-P&R Refunds Community Center Admin 1005838 122 UPS Equipment Repair& Maint Fire 1005761 122 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1005993 122 CDW GOVERNMENT INC. Miscellaneous IT Operating 1005704 122 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund 229965 121 PETTY CASH-EPCC Office Supplies Community Center Admin 1005729 121 PRAIRIE ELECTRIC COMPANY Contract Svcs- Electrical City Center Operations 1005778 120 LARSON, ALLEN R. Mileage & Parking Police 1005695 120 BOGREN,ANN Mileage & Parking Police 229639 120 LONDON CHIMNEY SWEEPS Other Contracted Services Rehab 229665 120 SQUARE CUT Instructor Service Senior Center Programs 229953 120 VASALY, CAROL AR Utility Water Enterprise Fund 1005941 118 GANDRUD, DAVID Conference/Training Police 229964 118 PETTY CASH Office Supplies Senior Board 1005779 118 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 229728 118 J H LARSON COMPANY Repair& Maint. Supplies Park Maintenance 229889 115 KEEGAN, IRENE Deposits-P&R Refunds Community Center Admin 1006012 114 NEWTON,J. RANDALL Mileage & Parking Transportation Fund 229580 113 TLO LLC Other Contracted Services Police 229533 113 H & L MESABI Equipment Parts Fleet Operating 229522 112 COMMUNITY HEALTH CHARITIES OF MINNESO-United Way Withheld General Fund 229986 112 COMMUNITY HEALTH CHARITIES OF MINNESO-United Way Withheld General Fund 4891 111 VANCO SERVICES Miscellaneous Community Center Admin 229808 111 RETTERATH,JOHN AR Utility Water Enterprise Fund 1005740 110 SPRINT Computers IT Operating 229726 110 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 1005773 109 HD SUPPLY FACILITIES MAINTENANCE Cleaning Supplies City Center Operations 229811 108 SAVOIE, DANA AR Utility Water Enterprise Fund 229984 107 COMMUNITY HEALTH CHARITIES OF MINNESO-United Way Withheld General Fund 229985 107 COMMUNITY HEALTH CHARITIES OF MINNESO-United Way Withheld General Fund 229619 104 G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 229975 103 BARRON COUNTY INCINERATOR Other Contracted Services Police 1005960 103 MILLARD, CHRIS Tuition Reimbursement/Schoi Police 229938 102 RETROFIT COMPANIES, INC,THE Supplies- Electrical Fitness/Conference-Cmty Ctr 1005962 102 MPX GROUP,THE Printing Police 229525 102 DIRECTV Cable TV Community Center Admin 229858 102 DIRECTV Cable TV Community Center Admin 229583 101 UNITED WAY United Way Withheld General Fund 230064 101 UNITED WAY United Way Withheld General Fund 229611 100 DENG,XINMIN Refunds Environmental Education 229615 100 ERLANDSON, EMILY Refunds Environmental Education 229810 100 SAROS,JENNIFER AR Utility Water Enterprise Fund 229860 100 DORENKEMPER,VIRGINIA M Refunds Environmental Education 229872 100 HA, SEUNGHOO Refunds Environmental Education 229882 100 IANFOLLA,JANELLE Refunds Environmental Education 229916 100 MOLEPSKE, MICHAEL Refunds Environmental Education 229963 100 ZABINSKI BUSINESS SERVICES INC Other Contracted Services Den Road Liquor Store 229976 100 BART, LORI Refunds Environmental Education 230008 100 HORGAN, MAURA Refunds Environmental Education 230018 100 KALAYCI,VELI Refunds Environmental Education 230040 100 PADGHAWALA, HOZEFA Refunds Environmental Education 229779 100 BRISTOL GLOBAL MOBILITY LLC AR Utility Water Enterprise Fund 1005965 99 NUCO2 INC Supplies- Pool Pool Maintenance 229807 98 OXYGEN SERVICE COMPANY Operating Supplies Fire 229925 98 NIEVES,JOSE Refunds Environmental Education 229506 98 ABSOLUTE RAIN INC. Contract Svcs- Lawn Maint. Fire Station #1 1005817 97 GINA MARIAS INC Operating Supplies Fire 230062 96 UNITED WAY United Way Withheld General Fund 230063 96 UNITED WAY United Way Withheld General Fund 1005693 96 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 1005834 96 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 229920 95 MUSECH,VIRGINIA AR Utility Water Enterprise Fund 229940 93 SHAMROCK GROUP, INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 4904 92 CERIDIAN Garnishment Withheld General Fund 229637 92 LAURSEN PIANO SERVICE Equipment Repair& Maint Senior Board 229695 92 APCO INTERNATIONAL Dues&Subscriptions Public Safety Communications 1005782 92 MPX GROUP,THE Printing Police 229712 91 ELECTION SYSTEMS &SOFTWARE INC Operating Supplies Elections 229649 90 NAIOP Conference/Training Economic Development 229814 90 STRYKER, MARY E AR Utility Water Enterprise Fund 229515 90 BELAEN, MICHAEL Refunds Environmental Education 230025 89 MATTS AUTO SERVICE INC Equipment Repair& Maint Fleet Operating 229729 86 JERRY'S ENTERPRISES INC Small Tools Fire 1005956 86 MENARDS Operating Supplies Street Maintenance 229955 85 VIG,JAZZ Deposits Escrow 230033 85 MINNESOTA WATER WELL ASSOCIATION Dues Water Distribution 229635 83 LACROIX, MICHAEL Supply-Playing Cards Senior Board 229804 83 OLSON,JONATHAN AR Utility Water Enterprise Fund 229819 83 WALTON,TIAH AR Utility Water Enterprise Fund 229833 81 AT&T MOBILITY Pager& Cell Phone Water System Maintenance 229780 80 BUTTERFLY BROWN LLC AR Utility Water Enterprise Fund 1005722 79 MOTOROLA Equipment Repair& Maint Public Safety Communications 229781 77 CARNEY, ED AR Utility Water Enterprise Fund 230034 75 MPSTMA Dues&Subscriptions Park Maintenance 1005737 75 SCHWERM,JACKIE Conference/Training Human Resources 229838 75 BOHNSACK, SUE Mileage & Parking Senior Center Admin 229789 74 ENWEREUZOR, NKEMDIRIM AR Utility Water Enterprise Fund 1005928 70 BATTERIES PLUS Operating Supplies Fire Station#1 1005720 70 METROPOLITAN FORD Equipment Repair& Maint Fleet Operating 1005803 70 A TO Z RENTAL CENTER Other Rentals Street Maintenance 229624 69 HALDEMANN HOMME INC Contract Svcs- Fitness Equip. Fitness/Conference-Cmty Ctr 229812 68 SLIGH,JOHN AR Utility Water Enterprise Fund 1006001 68 GINA MARIAS INC Operating Supplies Reserves 1005758 68 CAWLEY COMPANY,THE Clothing& Uniforms Prairie Village Liquor Store 229821 68 WENGER, MICHAEL AR Utility Water Enterprise Fund 229887 68 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Storm Drainage 229559 67 MINNESOTA WANNER COMPANY Equipment Parts Snow& Ice Control 229805 66 OLSTAD, STEVE AR Utility Water Enterprise Fund 1005764 66 FASTENAL COMPANY Operating Supplies Water Treatment Plant 1005974 66 STEWART, KELLY Operating Supplies Outdoor Center 229796 66 LETOURNEAU,JAMES AR Utility Water Enterprise Fund 229503 64 440400- NCPERS MINNESOTA PERA Health and Benefits 229966 64 440400- NCPERS MINNESOTA PERA Health and Benefits 229967 64 440400- NCPERS MINNESOTA PERA Health and Benefits 229968 64 440400- NCPERS MINNESOTA PERA Health and Benefits 1006023 63 SCHULZE, CARTER Mileage & Parking Engineering 1005787 63 PETERSON, ROBERT Travel Expense Water Treatment Plant 229799 63 MICRO CENTER A/R Miscellaneous IT Operating 229912 62 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 229532 61 G & K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 229507 60 ALCOHOL&GAMBLING ENFORCEMENT Licenses &Taxes Prairie View Liquor Store 230044 60 PRAHA DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 1006028 60 TRI COUNTY BEVERAGE & SUPPLY Misc Non-Taxable Den Road Liquor Store 229788 58 EMERSON, KEITH AR Utility Water Enterprise Fund 229911 56 MINNESOTA DEPARTMENT OF NATURAL RESOI Licenses &Taxes Park Maintenance 1005690 56 A TO Z RENTAL CENTER Other Rentals Street Maintenance 229826 55 AIAFS Tuition Reimbursement/Schoi Police 229910 55 MIDWEST REALTY SERVICES Deferred Revenue General Fund 229928 55 OWENS, JOHN Deferred Revenue General Fund 1005963 55 MUNOZ, MEGAN Tuition Reimbursement/Schoi Fitness Classes 229881 54 HUSSEY, ALEXANDRA Deposits-P&R Refunds Community Center Admin 1005961 54 MORRILL, LISA Operating Supplies Inspections-Administration 229939 53 RICK, ELIZABETH DEE Operating Supplies Outdoor Center 1005703 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1005998 53 DMX MUSIC Other Contracted Services Prairie View Liquor Store 229574 53 SHAMROCK GROUP, INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 229566 51 PICHA,TERRY AR Utility Water Enterprise Fund 229998 51 G & K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations -General 229866 51 GARDNER, KEVIN AR Utility Water Enterprise Fund 229578 50 TITAN MACHINERY Equipment Parts Fleet Operating 229571 50 ROSTAD,JOHN Refunds Environmental Education 229599 50 AUXIER, ADAM Refunds Environmental Education 229648 50 MPPOA Dues &Subscriptions Police 229769 50 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 229900 50 LIVAK, DAN Refunds Environmental Education 229957 50 WILLEMS, MATT Refunds Environmental Education 1005715 50 LOEHLEIN, KATIE Pager& Cell Phone Fitness Classes 1005791 50 RAHIMI, RENEE Tuition Reimbursement/Schoi Fitness Classes 229612 49 DIRECTV Other Contracted Services Police 1005733 48 R & R SPECIALTIES OF WISCONSIN INC Repair& Maint- Ice Rink Ice Arena Maintenance 229935 48 RAMSEY, NANCY AR Utility Water Enterprise Fund 229817 47 WALSH, KEVIN AR Utility Water Enterprise Fund 1005990 46 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General 1005739 45 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 1005785 45 PETERKIN, BRENNA Tuition Reimbursement/Schol Fitness Classes 229800 44 MILLER, ROBERT AR Utility Water Enterprise Fund 1005753 42 BATTERIES PLUS Supplies- Electrical Fire Station #4 229815 42 VANYO,THOMAS AR Utility Water Enterprise Fund 229951 41 UNIFORMS UNLIMITED Clothing & Uniforms General Fund 229893 40 KOTHARI, SUDHA Deposits Community Center Admin 229901 40 LUX, PAUL Deposits Community Center Admin 229918 40 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 229961 40 WOOD, DONALD Deposits Community Center Admin 1005826 38 METRO SALES INCORPORATED* Operating Supplies Engineering 1005792 38 STARKEY LABS Clothing & Uniforms Police 229520 38 COMCAST Operating Supplies Fire 229982 38 COMCAST Operating Supplies Fire 229745 37 PARK NICOLLET OPTICAL Health & Fitness Fire 229820 37 WENDLAND, LINDA AR Utility Water Enterprise Fund 229744 37 PARK JEEP INC Equipment Parts Fleet Operating 229631 36 KADLEC, EVELYN Deposits-P&R Refunds Community Center Admin 229523 36 CONTECH ENGINEERED SOLUTIONS LLC Equipment Parts Storm Drainage 229793 35 HATFIELD, PAT AR Utility Water Enterprise Fund 1005929 34 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 229919 32 MURAKAMI, SUSAN Deposits-P&R Refunds Community Center Admin 229671 31 TRUCK UTILITIES MFG CO Equipment Parts Fleet Operating 230030 31 MINN OFFICE OF ENTERPRISE TECHNOLOGY Other Contracted Services Police 229683 31 TACTICAL SOLUTIONS INC Equipment Repair& Maint Police 229830 31 ANDERSEN, KATHERINE Operating Supplies Outdoor Center 229530 30 ELLIS, LAURA B Deposits-P&R Refunds Community Center Admin 229921 29 MY CABLE MART Miscellaneous IT Operating 229787 28 DOBBS,TROY AR Utility Water Enterprise Fund 229791 28 GROSSMAN, NANCY AR Utility Water Enterprise Fund 229809 26 ROSS,JENNIFER AR Utility Water Enterprise Fund 1005940 26 FERRELLGAS Gas Dorenkemper House 229677 25 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 229803 25 NATIONSTAR AR Utility Water Enterprise Fund 229933 24 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 229755 23 SCHERER BROTHERS LUMBER CO Operating Supplies Park Maintenance 229917 23 MPCA Licenses &Taxes Sewer Utility-General 229806 23 ORLOFF, ARNOLD AR Utility Water Enterprise Fund 229818 22 WALSTROM, NICHOLAS AR Utility Water Enterprise Fund 229511 22 AT&T MOBILITY Pager& Cell Phone Park Maintenance 1005943 22 GINA MARIAS INC Operating Supplies Fire 229987 21 DAILEY DATA&ASSOCIATES Computers Prairie Village Liquor Store 229550 21 KRAEMERS HARDWARE INC Repair& Maint- Ice Rink Fitness/Conference-Cmty Ctr 229668 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 229944 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 229660 21 QUALITY REFRIGERATION Repair& Maint. Supplies Concessions 229840 20 CABILLOT, AUDREY Deposits Community Center Admin 229842 20 CHISENHALL, PATRICIA Deposits Community Center Admin 229844 20 CODY, ROBERT Deposits Community Center Admin 229861 20 DUKART, CARLETTA Deposits Community Center Admin 229892 20 KOSEL, WENDY Deposits Community Center Admin 229902 20 LYONS,JEANNE Deposits Community Center Admin 229904 20 MARTY, BRIDGET Deposits Community Center Admin 229906 20 MAY,JANE Deposits Community Center Admin 229907 20 MCKAY, DEREK Deposits Community Center Admin 229922 20 NATARAJAN, SIRIRAM Deposits Community Center Admin 229931 20 PORTA, CHARLES Deposits Community Center Admin 229937 20 RENNEKE,JOSEPH Deposits Community Center Admin 229946 20 TE,TONG Deposits Community Center Admin 229697 20 ASPEN MILLS Clothing& Uniforms Police 1005809 20 CAWLEY COMPANY,THE Clothing& Uniforms Prairie Village Liquor Store 229891 19 KOCHER, SUSAN Operating Supplies Outdoor Center 1005857 19 UPS Miscellaneous Utility Operations-General 230019 18 KENNEDY, RITA Deposits-P&R Refunds Community Center Admin 229802 18 MY CABLE MART Miscellaneous IT Operating 230024 17 MATSON,TOM Small Tools Fleet Operating 229590 17 YOUNG, KAYE Deposits-P&R Refunds Community Center Admin 1005730 16 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1006018 16 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 229784 16 COMCAST Wireless Subscription IT Operating 229913 16 MINNESOTA TROPHIES &GIFTS Operating Supplies Police 229760 15 SPRING LAKE PARK FIRE DEPT INC Tuition Reimbursement/Schoi Fire 230023 15 MASS Dues &Subscriptions General Fund 229727 14 IND SCHOOL DIST 272 Operating Supplies General Fund 229547 13 JORDAN, BETTY Deposits-P&R Refunds Community Center Admin 229715 12 FISERV INC Bank and Service Charges Water Accounting 229531 12 FELKER, BARBARA Deposits-P&R Refunds Community Center Admin 230035 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 229739 12 MINNESOTA TROPHIES &GIFTS Operating Supplies Police 1005992 11 CAWLEY COMPANY,THE Operating Supplies Prairie Village Liquor Store 1005980 11 UPS Postage Customer Service 1005949 11 HAWKINS INC Repair& Maint. Supplies Water Treatment Plant 229797 11 LIU, DONGMING AR Utility Water Enterprise Fund 229798 10 MEYER,TIFFANY AR Utility Water Enterprise Fund 229558 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 230031 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 229792 9 HANSEN, DALLAS AR Utility Water Enterprise Fund 229749 8 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 229871 5 GROFFS HEATING &AIR CONDITIONING Cash Over/Short General Fund 230052 5 SHAMROCK GROUP, INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 1005931 5 BOLD, PAULINE Operating Supplies Outdoor Center 229521 5 COMCAST Operating Supplies Fire 229983 5 COMCAST Operating Supplies Fire 229825 4 ABSOLUTE RAIN INC. Contract Svcs- Lawn Maint. Fire Station#1 229864 4 FUSCO, PAUL J Operating Supplies Outdoor Center 229752 4 QUALITY REFRIGERATION Mechanical Permits General Fund 229848 2 COMCAST Other Contracted Services Police 7,852,968 Grand Total City of Eden Prairie October Purchasing Card Report Amount Explanation Vendor Account Description Business Unit 1,035 US-NLC conf hotel ALFREDS AWAY Travel Expense City Council 75 US-tools MENARDS Repair&Maint.Supplies Sewer Utility-General 44 US-sewer repair MENARDS Repair&Maint.Supplies Sewer System Maintenance 32 US-insecticide/lift stations MILLS FLEET FARM Repair&Maint.Supplies Sewer Liftstation 24 US-ball diamonds MENARDS Operating Supplies Park Maintenance 13 US-ballfields HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 32 US-gear/tools MENARDS Small Tools Park Maintenance 38 US-trails MENARDS Small Tools Park Maintenance 76 US-fence projets STERLING FENCE INC Building Materials Homeward Hills Park 330 US-3cma membership PUBLIC RELATIONS SOCIETY Prepaid Expenses General Fund 29 US-gift card promo stickers PRINTING SERVICES Advertising Prairie Village Liquor Store 29 US-gift card promo stickers PRINTING SERVICES Advertising Den Road Liquor Store 29 US-gift card promo stickers PRINTING SERVICES Advertising Prairie View Liquor Store 334 US-membership renewal IABC Prepaid Expenses General Fund 390 US-membership renewal 3CMA Prepaid Expenses General Fund 291 US-trip to history theater HISTORY THEATRE Special Event Fees Trips 6 US-pop/supplies RAINBOW FOODS INC. Operating Supplies Senior Center Admin 224 US-coffee COFFEE WHOLESALE Operating Supplies Senior Board 18 US-supplies WALMART COMMUNITY Operating Supplies Senior Center Admin 80 US-annual dues NCTRC Dues&Subscriptions Senior Center Admin 631 US-fall festival ANNIE'S CAFE Special Event Fees Senior Center Programs 28 US-vetrans breakfast PAYPAL INC Special Event Fees Senior Center Programs 21 US-vets and fashion show PARTY CITY Special Event Fees Senior Center Programs 141 US-fashion show BAKERS SQUARE Special Event Fees Senior Center Programs 49 US-baseball MENARDS Small Tools Park Maintenance 49 US-photos for walls WALGREEN'S#5080 Office Supplies Utility Operations-General 275 US-water plant grill MENARDS Repair&Maint.Supplies Utility Operations-General 54 US-batteries MENARDS Repair&Maint.Supplies Utility Operations-General 52 US-shop supplies MENARDS Repair&Maint.Supplies Sewer Utility-General 16 US-bagels for training RAINBOW FOODS INC. Office Supplies Utility Operations-General 299 US-displays US MAGNETIX Design&Engineering Utility Operations-General 89 US-office supplies OFFICEMAX CREDIT PLAN Office Supplies Water Treatment Plant 120 US-lab supplies MENARDS Lab Supplies Water Treatment Plant 176 US-lab supplies MENARDS Lab Supplies Water Treatment Plant 39 US-supplies MENARDS Equipment Repair&Maint Park Maintenance 1 US-lake aerator supplies TARGET Building Repair&Maint. Park Maintenance 17 US-round lake supplies MENARDS Equipment Repair&Maint Park Maintenance 25 US-RL Splash pad MENARDS Equipment Repair&Maint Park Maintenance -17 US-return supplies MENARDS Equipment Repair&Maint Park Maintenance 8 US-staring lake lights MENARDS Building Repair&Maint. Park Maintenance 26 US-pond restock GANDER MOUNTAIN Grounds Maintenance Utility Operations-General 9 US-slaker parts/repair MENARDS Repair&Maint.Supplies Water Treatment Plant 526 US-open house SUBWAY Operating Supplies Fire 176 US-open house PANERA BREAD Operating Supplies Fire 8 US-parking ALLIED PARKING Mileage&Parking Fire 438 US-holiday cards COURAGE CARDS Operating Supplies Fire 108 US-flowers W Parker BACHMANS CREDIT DEPT Operating Supplies Fire 82 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 4 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 170 US-café food WALMART COMMUNITY Merchandise for Resale Ice Rink#1 48 US-café food RAINBOW FOODS INC. Merchandise for Resale Ice Rink#1 42 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 45 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 119 US-café food WALMART COMMUNITY Merchandise for Resale Ice Rink#1 100 US-café supplies GEHL FOODS Operating Supplies Concessions 45 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 76 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 64 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 86 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 42 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 6 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 211 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions -953 US-J Dusek fraud MARRIOTT HOTELS Deposits Escrow Amount Explanation Vendor Account Description Business Unit 65 US-data recovery KROLL ONTRACK Office Supplies Water Treatment Plant 50 US-well permit MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes,Fees Water Wells 143 US-training MENARDS Training Supplies Utility Operations-General 575 US-data recovery KROLL ONTRACK Office Supplies Water Treatment Plant -125 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -7 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -4 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -6 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -17 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -3 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -6 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -6 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -17 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -17 US-testing EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow 31 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 855 US-uniforms APPARELNBAGS.COM Clothing&Uniforms Community Center Admin 182 US-uniforms APPARELNBAGS.COM Clothing&Uniforms Community Center Admin 14 US-return uniforms UNITED STATES POSTAL SERVICE Clothing&Uniforms Community Center Admin 1,344 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 20 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 20 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 20 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 20 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 171 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 4 US-R Ellis Fraud US BANK Deposits Escrow 6 US-parking-conf CAPITOL COMPLEX EPARK Conference/Training Fire 240 US-Esbensen-Rochester conf MINNESOTA STATE FIRE CHIEFS I Conference/Training Fire 25 US-parking-conf LANIER PARKING Conference/Training Fire 24 US-conf food OROURKES PUBLIC HOUSE Conference/Training Fire 440 US-rochester conf MARRIOTT HOTELS Conference/Training Fire 52 US-gas-conf SHELL OIL Conference/Training Fire 12 US-conf food CHIPOTLE Conference/Training Fire 20 US-conf food BROTHERS BAR AND GRILL Conference/Training Fire 13 US-conf food BIGGBY COFFEE Conference/Training Fire 52 US-gas-conf MARATHON OIL Conference/Training Fire 61 US-gas-conf KWIK TRIP STORES Conference/Training Fire 373 US-Esbensen-conf MARRIOTT HOTELS Conference/Training Fire 373 US-T Schmitz conf MARRIOTT HOTELS Conference/Training Fire 56 US-blue card conf BURNSTADS EUROPEAN CAFE Conference/Training Fire 31 US-five sery mem-lunch BIAGGI'S RISTORANTE ITALIANO Operating Supplies Fire 97 US-keyboard folio for ipad LOGITECH Miscellaneous IT Operating 87 US-Panasonic UP PORTABLE POWER SYSTEMS Miscellaneous IT Operating 250 US-sire training-R Higgins HYLAND SOFTWARD INC Conference/Training IT Operating 24 US-sharepoint/lync online MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 560 US-R Higgins training UNITED AIR Conference/Training IT Operating 30 US-R Higgins training UNITED AIR Conference/Training IT Operating 30 US-refund UNITED AIR Deposits Escrow 16 US-refund UNITED AIR Deposits Escrow 266 US-Hotel R Higgins TOWNEPLACE SUITES Conference/Training IT Operating 75 US-Flight change UNITED AIR Conference/Training IT Operating -30 US-refund UNITED AIR Deposits Escrow -16 US-refund UNITED AIR Deposits Escrow 35 US-history museum dues PAYPAL INC Dues&Subscriptions Heritage Preservation 298 US-NLC conf airfare SUN COUNTRY Travel Expense Administration 219 US-spooky skate EMI Operating Supplies Ice Rink#1 47 US-spooky skate TARGET Operating Supplies Ice Rink#1 13 US-halloween treats WALGREEN'S#5080 Operating Supplies Ice Rink#1 78 US-training conf J Good PERKINS Tuition Reimbursement/School Police 44 US-training conf Quesenberry CRAGUNS Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 44 US-B Haberle training conf CRAGUNS Tuition Reimbursement/School Police 38 US-training conf TACO JOHNS Tuition Reimbursement/School Police 44 US-R Davis training conf CRAGUNS Tuition Reimbursement/School Police 89 US-training conf J Good CRAGUNS Tuition Reimbursement/School Police 44 US-B Dean training conf CRAGUNS Tuition Reimbursement/School Police 117 US-crime prevrention meeting LIONS TAP Operating Supplies Police 8 US-flying cloud irrigation HALLOCK COMPANY INC Operating Supplies Park Maintenance 20 US-umbrellas-round lake MENARDS Operating Supplies Park Maintenance 87 US-riley gate MENARDS Building Repair&Maint. Park Maintenance 30 US-supplies TARGET Operating Supplies Prairie Village Liquor Store 30 US-supplies TARGET Operating Supplies Den Road Liquor Store 30 US-supplies TARGET Operating Supplies Prairie View Liquor Store 11 US-lunch with vendor GINA MARIAS INC Miscellaneous Prairie Village Liquor Store 11 US-lunch with vendor GINA MARIAS INC Miscellaneous Den Road Liquor Store 11 US-lunch with vendor GINA MARIAS INC Miscellaneous Prairie View Liquor Store 583 US-card PLASTICPRINTERS.COM Operating Supplies Prairie Village Liquor Store 583 US-card PLASTICPRINTERS.COM Operating Supplies Den Road Liquor Store 583 US-card PLASTICPRINTERS.COM Operating Supplies Prairie View Liquor Store 65 US-fence maint. STERLING FENCE INC Grounds Maintenance Utility Operations-General 26 US-health and wellness meeting CARIBOU COFFEE Miscellaneous Parks Administration 10 US-meeting at met council ALLIED PARKING Mileage&Parking Community Development Admin. 112 US-container CONTAINER STORE Operating Supplies Fitness Classes 186 US-group fitness equip WAYFAIR Operating Supplies Fitness Classes 81 US-studio fans MENARDS Operating Supplies Fitness Classes 32 US-chainsaw tools HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 64 US-spooky event MARSHALL FAMILY FARM MARK Operating Supplies Special Events(CC) 20 US-testing of machines EDEN PRAIRIE COMMUNITY CENT Deposits Escrow -20 US-testing of machines EDEN PRAIRIE COMMUNITY CEN1 Deposits Escrow -1 US-testing of machines EDEN PRAIRIE COMMUNITY CENT Deposits Escrow 17 US-spooky even supplies TARGET Operating Supplies Special Events(CC) 11 US-spooky event supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 26 US-epcc operating supplies HOME DEPOT CREDIT SERVICES Operating Supplies Community Center Admin 9 US-going away party Netzer Pea CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 3 US-going away party CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 200 US-A rose membership NATIONAL PUBLIC EMPLOYER LA Prepaid Expenses General Fund 50 US-charitable giving GANDER MOUNTAIN Other Contracted Services Organizational Services 100 US-charitable giving TARGET Other Contracted Services Organizational Services 50 US-charitable giving SCHEELS Other Contracted Services Organizational Services 49 US-osha supplies J J KELLER&ASSOCIATES INC Operating Supplies Customer Service 98 US-supplies MENARDS Small Tools Fire 154 US-supplies JERRYS DO IT BEST Small Tools Fire 388 US-reimburse by Saint Louis Pa DELTA AIR Deposits Escrow 57 US-gas KWIK TRIP STORES Operating Supplies Fire 141 US-conference food VICTORIAS Operating Supplies Fire 372 US-conference KAHLER GRAND HOTEL,THE Conference/Training Fire 331 US-conference KAHLER GRAND HOTEL,THE Conference/Training Fire 480 US-conference MINNESOTA STATE FIRE CHIEFS 7 Conference/Training Fire 19 US-Food JERRY'S FOODS Operating Supplies Fire 25 US-reimburse by Saint Louis Pa DELTA AIR Deposits Escrow 100 US-Training-Sue K FRED PRYOR SEMINARS Prepaid Expenses Water Enterprise Fund 100 US-Training-Sue K FRED PRYOR SEMINARS Prepaid Expenses Sewer Fund 20,165 US-Sept 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 874 US-Sept 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 660 US-Sept 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -434 US-Sept 2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 43 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring cc PAYPAL INC Bank and Service Charges Utility Operations-General 58 US-epermit Web security PAYPAL INC Equipment Repair&Maint IT Operating 447 US-bench for rink DIRECT IMAGING PRODUCTS Operating Supplies Ice Rink#1 1,050 US-rink 2 benches SPORT SUPPLY GROUP Operating Supplies Ice Rink#1 75 US-shelves for room#103 MENARDS Operating Supplies Ice Rink#1 19 US-belts MENARDS Repair&Maint.Supplies Storm Drainage 35 US-IEDC cond D Lindahl TAXI Travel Expense Economic Development 53 US-IEDC cond D Lindahl TAXI Travel Expense Economic Development 25 US-baggage fee UNITED AIR Travel Expense Economic Development 35 US-IEDC cond D Lindahl TAXI Travel Expense Economic Development 828 US-IEDC cond D Lindahl LOEWS HOTEL Travel Expense Economic Development 30 US-EP chamber event PAYPAL INC Conference/Training Economic Development Amount Explanation Vendor Account Description Business Unit 7 US-parking STANDARD PARKING Mileage&Parking Economic Development 295 US job posting LINKEDIN Employment Advertising Organizational Services 334 US-membership renewal IABC Prepaid Expenses General Fund 105 US-renewal APBOOKSTORE.COM Prepaid Expenses General Fund 348 US-rail-volution conf T Mahtan THE WESTIN Conference/Training Community Development Admin. 36 US-for plants AMAZON.COM Operating Supplies Utility Operations-General 107 US-training CRUMB GOURMET DELI Operating Supplies Utility Operations-General 28 US-for plants AMAZON.COM Operating Supplies Utility Operations-General 290 US-shelves education area NORTHERN TOOL&EQUIPMENT Office Supplies Utility Operations-General 85 US-training CRUMB GOURMET DELI Operating Supplies Utility Operations-General 85 US-training CRUMB GOURMET DELI Operating Supplies Utility Operations-General 192 US-council workshop food WHICH WICH Miscellaneous City Council 95 US-Tyra Lukens NLC registratio NATIONAL LEAGUE OF CITIES Deposits Escrow 2,008 US-employee recognition awards HALLMARK INSIGHTS Employee Award Internal Events 95 US-R Case NLC spouse registrat NATIONAL LEAGUE OF CITIES Deposits Escrow 67 US-M richardson sunshine fund FTD.COM Deposits Escrow 132 US-Sunshine fund Mandy Matula BACHMANS CREDIT DEPT Deposits Escrow 38 US-CPR Fees AMERICAN RED CROSS Conference/Training Concessions 219 US-swim trainer for lessons ADOLPH KIEFER&ASSOCIATES Operating Supplies Oak Point Lessons 125 US-training for Becca COMMUNITY EDUCATION Tuition Reimbursement/School Aquatics&Fitness Admin 19 US-CPR certification Kara AMERICAN RED CROSS Conference/Training Fitness Classes 140 US-CPR fees AMERICAN RED CROSS Conference/Training Community Center Admin 19 US-CPR Fees AMERICAN RED CROSS Conference/Training Pool Lessons 114 US-lessons TARGET Operating Supplies Oak Point Lessons 121 US-supplies for lessons SPANGLER CANDY Operating Supplies Oak Point Lessons 21 US-sire conf CHEESECAKE FACTORY Conference/Training City Clerk 339 US-sire conf k porta RESIDENCE INN Conference/Training City Clerk 30 US-meeting ARMA INTERNATIONAL Conference/Training Records Management 149 US-blue stem restoration BACHMANS CREDIT DEPT Repair&Maint.Supplies Sewer Liftstation 58 US-screwdriver MENARDS Repair&Maint.Supplies Storm Drainage 217 US-meal#5 WHICH WICH Operating Supplies Police 85 US-C Schulze training UNIVERSITY OF MINNESOTA Conference/Training Engineering 192 US-supplies/tools NORTHERN TOOL&EQUIPMENT Safety Supplies Fleet Operating 120 US-supplies SHAMROCK SUPPLY CO Small Tools Fleet Operating 475 US-membersip dues NAFA Dues&Subscriptions Fleet Operating 38 US-operation supplies SEARS EDEN PRAIRIE Operating Supplies Fire 59 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Fire 152 US-school textbook HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 21 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 25 US-conf food OROURKES PUBLIC HOUSE Conference/Training Fire 8 US-conf food CHIPOTLE Conference/Training Fire 18 US-conf food BROTHERS BAR AND GRILL Conference/Training Fire 129 US-return under recall AUTOMATIC APPLIANCE Repair&Maint.Supplies Police City Center -141 US-return under recall AUTOMATIC APPLIANCE Repair&Maint.Supplies Police City Center 740 US-rink 3 RG DAVIS AND CO Repair&Maint.Supplies 3rd Sheet of Ice 88 US-constant current PAYPAL INC Other Contracted Services City Center Operations 80 US-containers for art supplies TARGET Operating Supplies Arts Center 91 US-respirator for mixing glaze CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 43 US-storage for clay studio TARGET Operating Supplies Arts Center 40 US-ad for winter theatre audit PAYPAL INC Advertising Theatre Initiative 126 US-air dry clay-nature event CONTINENTAL CLAY COMPANY Operating Supplies Arts 23 US-winter play scripts SAMUEL FRENCH INC Operating Supplies Winter Theatre 933 US-water color supply kits for UTRECHT STORE Merchandise for Resale Arts Center 13 US-scripts for winter show 201 DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 25 US-WILS membership PAYPAL INC Conference/Training Recreation Admin 23 US-WILS meeting PAYPAL INC Conference/Training Recreation Admin 301 US-display rack for ep players DISPLAYS2GO Operating Supplies Eden Prairie Players 33 US-childrens show scripts PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative 80 US-pumpkins-spooky Saturday RAINBOW FOODS INC. Operating Supplies Special Events(CC) 130 US-conf/training J Carlson IAAO Conference/Training Assessing 223 US-meal#3 WHICH WICH Operating Supplies Police 57 US-fraud-J Spaulding THE SAMURAI INC Deposits Escrow 40 US-fraud-J Spaulding DOOLITTLES WOODFIRE GRILL Deposits Escrow 274 US-citizens acedemy meal#4 DAVANNI'S PIZZA Operating Supplies Police 67 US-fraud-J Spaulding DOOLITTLES WOODFIRE GRILL Deposits Escrow 64 US-paper for certificates PAPER DIRECT INC Office Supplies Police 83 US-fraud-J Spaulding KWIK TRIP STORES Deposits Escrow 32 US-fraud-J Spaulding OLYMPIC CAFE Deposits Escrow Amount Explanation Vendor Account Description Business Unit 75 US-magc conf MAGC Miscellaneous Communications 334 US-membership renewal IABC Prepaid Expenses General Fund 11 US-rope for rl umbrella MENARDS Operating Supplies Park Maintenance 368 US-benchmarking performance in AMERICAN WATER WORKS ASSOI Training Supplies Utility Operations-General 26 US-critter food PETCO Operating Supplies Outdoor Center 64 US-outdoor ctr program trip fo FRESH SEASONS MARKET Program Trips Outdoor Center 16 US-critter food PETCO Operating Supplies Outdoor Center 50 US-critter food PETCO Operating Supplies Outdoor Center 24 US-critter food PETCO Operating Supplies Outdoor Center 34 US-ballfield nets MENARDS Operating Supplies Park Maintenance 22 US-pins for siren control box DIGI-KEY Equipment Repair&Maint Public Safety Communications 1,024 US-wireless headset/batteries- COST CENTRAL Equipment Repair&Maint E-911 Program 30 US-mens volleyball-halloween f TARGET Operating Supplies Volleyball 23 US-WILS workshop PAYPAL INC Conference/Training Recreation Admin 594 US-range supplies LAW ENFORCMENT TARGETS INC Training Supplies Police 5,500 US-C Millard training GUIDANCE SOFTWARE Tuition Reimbursement/School Police 328 US-range supplies GANDER MOUNTAIN Training Supplies Police 667 US-C Millard training MARRIOTT HOTELS Tuition Reimbursement/School Police 6 US-CC personal use P Vosbeek CVS PHARMACY Deposits Escrow 18 US-range supplies MENARDS Training Supplies Police 55 US-gas SUPERAMERICA Motor Fuels Fleet Operating 55 US-disney on tour trip MINNESOTA WILD Special Event Fees Special Events&Trips 13 US-WILS sunshine-reimbursed WALGREEN'S#5080 Operating Supplies Youth Programs Admin 200 US-renew membership AMERICAN CAMP ASSOCIATION Prepaid Expenses General Fund 45 US-mea supplies TARGET Operating Supplies Special Events&Trips 300 US-mea trip AIRMAXX Special Event Fees Community Center Admin 6 US-misc charge N weedman MINNESOTA WILD Deposits Escrow 344 US-mea trip AIRMAXX Special Event Fees Special Events&Trips 103 US-craft supplies MICHAELS-THE ARTS&CRAFTS Operating Supplies Youth Programs Admin 23 US-WILS monthly meeting PAYPAL INC Conference/Training Youth Programs Admin 26 US-costume party TARGET Operating Supplies Saturday Night Out 9 US-costume party RAINBOW FOODS INC. Operating Supplies Saturday Night Out 28 US-costume party LITTLE CAESARS Operating Supplies Saturday Night Out 250 US-bodypump license fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 319 US-Food-case#baricaded suspec GINA MARIAS INC Operating Supplies Police 10 US-restoration supplies BACHMANS CREDIT DEPT Landscape Materials/Supp Storm Drainage 30 US-gloves MENARDS Repair&Maint.Supplies Utility Operations-General 65,410 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions December 31, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: First Reading of Ordinance Amending City ITEM NO.: XII.A. Richard Rosow, City Attorney Code Chapter 9 relating to the keeping of Honey Bees in the City Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.73 requiring registration and establishing rgulations relating to the keeping othoney bees in the City. Synopsis The ordinance establishes a registration requirement for any person keeping honey bees in the City. In addition, the ordinance establishes regulations relating to where honey bees can be kept, how many can be kept, notification of abutting propel owners, equipment and maintenance regulations, and other regulations relating to the keeping of honey bees. Background Information The City Council has held several dicussions relating to the keeping othoney bees in the City. The ordinance permits the keeping of honey bees but establishes a registration requirement along with other regulations relating to the keeping of honey bees in the City. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.73 RELATING TO HONEY BEES AND AMENDING SECTIONS 9.08 AND 9.11 RELATING TO HONEY BEES; AND AMENDING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9 is amended by adding Section 9.73 to read as follows: 9.73 KEEPING OF HONEYBEES Subd 1. Definitions. As used in this Section, the following definitions shall apply: A. "Apiary"means the assembly of one (1) or more colonies of honey bees on a single lot. B. "Apiary site"means the lot upon which an apiary is located. C. "Beekeeper"means a person who: (i) owns or has charge of one (1) or more colonies of honey bees; and(ii)Any person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honey bees. D. "Beekeeping equipment"means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. E. "Colony"means an aggregate of honey bees consisting principally of workers,but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. F. "Hive"means the receptacle inhabited by a colony. G. "Honey bee"means all life stages of the common domestic honey bee, apis mellifera species. H. "Lot"means one unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. I. "Nucleus colony"means a small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. J. "Person"means any individual,partnership, corporation, company, limited liability company, other entity, or unincorporated association. K. "Rooftop"means the uppermost section of a primary or accessory structure of at least one full story and at least twelve (12) feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. L. "Swarming" means the process where a queen bee leaves a colony with a large group of worker bees. M. "Undeveloped property"means: (i) any lot that is not improved with a structure that has or is required to have a certificate of occupancy; and(ii) all streets and highways. N. "Unusual Aggressive Behavior"means any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Subd. 2. Registration. A. No beekeeper shall keep honey bees in the City without a current registration from the City of Eden Prairie Police Department. B. Each beekeeper shall register with the Police Department prior to bringing any honey bees into the City. C. Beekeepers operating within the City prior to the effective date of this Section shall have four(4)weeks from the date this Section goes into effect to register with the Police Department as a beekeeper. D. The registration shall be upon the form provided by the City. If a beekeeper adds or relocates a hive or colony the beekeeper shall update the registration prior to the addition or relocation on the form provided by the City. All questions asked or information required by the forms shall be answered fully and completely by the beekeeper. E. The City beekeeping registration shall be valid until December 31 of each calendar year and shall be renewed prior to expiration each year by submitting a renewal form to the Police Department on the form provided by the City. A person no longer keeping honey bees in the City shall notify the Police Department within thirty (30) days. F. Upon the initial registration, annual renewal, and any updated registration, each beekeeper shall allow the Chief of Police or his designee the right to inspect any apiary for the purpose of ensuring compliance with this Section. G. Upon initial registration and upon any updated registration, the City shall notify in writing all owners of lots within two-hundred(200) feet of any lot line of the apiary site, of the presence of said apiary. Subd. 3. Required Conditions. A.Honey bee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. B. Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site. Every effort should be made to ensure that the water source is free of chemicals that are typically found in tap water, such as chlorine and fluoride. C.Materials from a hive or colony which might encourage the presence of honey bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. D.For each colony permitted to be maintained under this Section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body, with no supers. E. Beekeeping equipment shall be maintained in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather,potential theft or vandalism and occupancy by swarming honey bees. F. Hive entrances shall face away from or parallel to the nearest lot lines. G.Hives shall be continuously managed to provide adequate living space for their resident honey bees in order to prevent swarming. H.In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. Whenever possible, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. I. Fruit trees and other flowering trees which are located on an apiary site shall not be sprayed, while in full bloom, with any substance which is injurious to honey bees. Subd. 4. Colony Location. A.Excluding lots that are zoned Rural and are ten(10) acres or more in size, no hive shall occupy any front yard. For the purposes of this Section, a corner lot shall be considered to have two (2) front yards. B.In no instance shall any part of a hive be located within ten(10) feet of any lot line. C. In no instance shall any part of a hive be located within ten(10) feet of any dwelling unit in any zoning district. D.Except as otherwise provided in this Section, in each instance where any part of a hive is kept within twenty-five (25) feet of a lot line of the apiary site, the beekeeper shall establish and maintain along said lot line screening consisting of a flyway barrier of at least six(6) feet in height. (1) The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that honey bees will fly over rather than through the material to reach the colony. (2) If a flyway barrier of dense vegetation is used, the initial planting may be four(4) feet in height, so long as the vegetation reaches a height of six(6) feet or higher within two (2) years of installation. (3) The flyway barrier must continue parallel to the lot line of the apiary site for ten(10) feet in either direction from the hive, or contain the hive or hives in an enclosure at least six (6) feet in height. (4) A flyway barrier is not required if the hive is located on a rooftop or if the lot abutting the lot line of the apiary site where the flyway barrier would be required is: (i) undeveloped property; (ii) zoned Rural and is 10 acres or more in size. E. All apiaries located within the R, R-1 and RM districts shall comply with Eden Prairie City Code Section 11.65 pertaining to Home Occupation. Subd. 5. Colony Density. A. Every lot within the City shall be limited to the following number of colonies based on the size of the lot: i. 1/2 acre or smaller=2 colonies ii. more than 1/2 acre to %acre=4 colonies iii. more than 3/4 acre to 1 acre= 6 colonies iv. more than 1 acre to 5 acres= 8 colonies v. more than 5 acres =no restriction B. Regardless of lot size, if all lots within two hundred(200) feet of any lot line of the apiary site are undeveloped property, there shall be no limit to the number of colonies that can be kept on the apiary site. However, upon the development of any lot within two hundred (200) feet of any lot line of the apiary site, the apiary site shall comply with the restriction set forth in this Subdivision 5. C. If any person removes honey bees from locations where they are not desired, that person shall not be considered in violation of the restriction in this Subdivision 5, if the person temporarily houses the honey bees on the apiary site of a beekeeper registered under this Section for no more than 30 days and remains at all times in compliance with the other provisions of this Section. Subd. 6. Inspection. A. Upon prior notice to the owner of the apiary site, the Chief of Police or his designee shall have the right to inspect any apiary for the purpose of ensuring compliance with this Section. B. It shall be deemed a violation of this Section for any person to resist, impede or hinder the Chief of Police or his designee in the performance of their duties in inspecting any apiary and surrounding grounds. Subd. 7. Denial,Revocation or Suspension. A. Registrations issued under the provisions of this Section may be denied, revoked or suspended by the Chief of Police after notice and the right to request a hearing, for any of the following causes: (1) Fraud, misrepresentation or false statements on the registration or during the course of the registered activity. (2) The keeping of honey bees in an unlawful manner or a manner so as to constitute a breach of peace, or to constitute a menace to the health, safety or general welfare of the public. (3) Any violation of this Section. B. Notice of the denial, revocation or suspension, shall be in writing, specifically set forth the grounds for denial, revocation or suspension and the person's right to request a hearing before the City Manager or his/her designee. Such notice shall be mailed,postage prepaid, to the person to his/her last known address, or shall be delivered in the same manner as a summons. Any person who desires a hearing before the City Manager or his/her designee must request the hearing in writing, within fifteen(15) days of the date of the notice, by filing a written request for a hearing with the Chief of Police. If a hearing is requested it shall be held before the City Manager or his/her designee within thirty(30) days of the request. The City shall notify the person in writing of the time, date and location of the hearing at least five (5) days prior to the hearing. Within fifteen (15) days after the hearing the City Manager or his/her designee shall issue a written decision in the matter and that decision shall be final. If the person fails to request a hearing within fifteen (15) days of the date of the notice, the denial, suspension, or revocation shall automatically be deemed final. The right to request a hearing before the City Manager or his/her designee shall be in place of any right to appeal pursuant to Eden Prairie City Code Section 2.80. Section 2. City Code Chapter 9, Section 9.08, S ubd. 1 A is hereby am ended by deleting the words "and honey bees" and inserting the word"and"before the words "guinea hens". Section 3. City Code Chapter 9, Section 9.08, Subd. 5 is hereby am ended by inserting at the end of the sentence the words ", provided howev er this provision does not apply to honey bees kept pursuant to City Code Section 9.73". Section 4. City Code Chapter 9, Section 9.08, S ubd. 7 A is hereby am ended by deleting the words "except honey bees". Section 5. City Code Chapter 9, Section 9.08, S ubd. 8 is hereby am ended by deleting the words ", except honey bees,". Section 6. City Code Chapter 9, Section 9.11, Subd. 11 C 8 is hereby am ended by inserting at the end of the sentence the words ", except for honey bees kept pursuant to City Code Section 9.73". Section 7. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Viola tion" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entir ety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Counc it of the City of Eden Prairie on the day of , 2014 and finally read and adopt ed and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A. Office of City Manager Designation of Official City Newspaper Requested Action Move to: Adopt Resolution designating the Eden Prairie as the official City newspaper for the year 2014. Synopsis This designation is required on an annual basis. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003. The Sun-Current had been the official newspaper from 2003 through 2007. Attachments Eden Prairie News Bid Sun Current Bid Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie be designated as the official City newspaper for the year 2014. ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EDE\ PRAIRIE E_ WS December 20, 2013 Ms. Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Ms. Porta, The Eden Prairie News would welcome the opportunity to serve as the city's legal newspaper in 2014. The Eden Prairie News offers to publish legal notices for the city at a rate of $2.47 per column inch, provided copy is submitted electronically via e-mail in generic text format or a Microsoft Word docu- ment.We also want to make the city aware that a design change is planned for the Eden Prairie News in the coming months, which will impact the width of printed columns appearing in the newspaper. Currently, columns are 2 inches wide; we anticipate the new column format will decrease in size to approximately 1.645 inches.When the new size is implemented, your per-inch rate will drop to $1.97 per column inch, to reflect the narrower column layout. Newspapers can be published with different page sizes and column widths, which may not allow for an exact comparison in bids submitted by various entities. The typeface used in the Eden Prairie News is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every inch published. Please contact us if the city would like assistance in completing cost comparisons with other papers that have submitted bids for the legal newspaper appointment. If appointed the city's legal newspaper, notices submitted by the City of Eden Prairie will be posted on our website, www.edenprairienews.com, free of charge. Should the Eden Prairie News be appointed the city's legal newspaper, e-mailed legals should be sent to: legal@swpub.com. Our deadline is 4 p.m. Thursday, preceding the next publication date; deadlines usually change during holiday weeks to accommodate press schedules. Thank you for the opportunity to bid on this service. Respectf 4g. Bill Davis Publisher 250 Prairie Center Drive,Suite 211, Eden Prairie,Minnesota 55344 ■ (952)942-7885 MEDIA December 2013 City of Eden Prairie Ms.Kathleen Porta 8080 Mitchell Road Eden Prairie,MN 55344 Dear Ms.Porta: Please accept the following bid from the Eden Prairie Sun-Current for legal newspaper designation for the City of Eden Prairie.This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2014: First insertion: $10.64 per column inch Subsequent insertions: $5.72 per column inch Characters per inch: 320 Lines per inch: 9 Beginning in January,your legal notices will be published in 7 point type.The change is being made in order to standardize and improve the legibility of legal notices.This has been taken into consideration when calculating your 2014 rate. Two notarized affidavits will be provided for each notice published.Additional affidavits are$2.50 each.A $20.00 charge will be assessed on legal notices that require typing.All published legal notices are posted on the Sun-Current website at no additional charge. The Sun-Current is published weekly on Thursdays.The deadline is 2:00 p.m.on Thursday for publication the following Thursday.Please email legal notices to sunlegals@ecm-inc.com. Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the upcoming year.We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD,EDEN PRAIRIE,MN 55344 • 952-846-2019 • CURRENT.MNSUN.COM CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B. Resolution Designating the Official Meeting Office of the City Manager Dates, Time and Place for the City of Eden Prairie Council in 2014 and Appointing Acting Mayor Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2014 and appointing Councilmember the Acting Mayor. Synopsis This resolution requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2014 AND APPOINTING ACTING MAYOR BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert's Rules of Order will prevail; and BE IT RESOLVED, that the only Council meeting in the months of February, June, July, August and November 2014 will be held on the third Tuesday of the month; and BE IT RESOLVED,that the April Council meetings will be held on the second and fourth Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2015 will be held on January 6; and BE IT FURTHER RESOLVED,that Council Member _is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C. Office of City Manager Resolution Appointing Commissioners to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary for calendar year 2014. Synopsis This appointment requires approval on an annual basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Brad Aho, Sherry Butcher Wickstrom, Ron Case, Kathy Nelson and Nancy Tyra-Lukens, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE,BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and as Secretary of calendar year 2014. ADOPTED, by the City Council of the City of Eden Prairie, on the 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. Resolution Designating the Director and Office of the City Manager Alternate Director to the Suburban Rate Authority of 2014 Requested Action Move to: Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2013. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2014. ADOPTED,by the City Council of the City of Eden Prairie, on this 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E. Office of the City Manager Appointment to the National League of Cities Requested Action Move to: Approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F. Office of the City Manager Appointment to the Municipal Legislative Commission Requested Action Move to: Approve appointment of the Mayor to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G. Office of the City Manager Appointment to the Southwest Cable Commission Requested Action Move to: Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Case served on the Southwest Cable Commission in 2013. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.H. Office of the City Manager Appointment to the Eden Prairie Foundation Requested Action Move to: Approve appointment of to the Eden Prairie Foundation. Synopsis This appointment is approved on an annual basis. Council Member Nelson has served on the Eden Prairie Foundation since 2008. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.I. Office of the City Manager Appointment to the I-494 Corridor Commission Requested Action Move to: Approve appointment of to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Councilmember Aho has served on the I-494 Corridor Commission from 2005 to 2013. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.J. Office of the City Manager Appointment to the City and School Facilities Use Task Force Requested Action Move to: Approve appointment of to the City and School Facilities Use Task Force. Synopsis This appointment is approved on an annual basis. Council Member Butcher Wickstrom served on the City and School Facilities Use Task Force in 2012 and 2013. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.K. Stuart Fox, Manager of Parks Appointment of Assistant Weed Inspector and Natural Resources Requested Action Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been doing this inspection work for the past several years, and he is familiar with the City ordinance and state law. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 8, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.L. Office of the City Manager Appointment to the Fire Relief Association Requested Action Move to: Adopt the resolution appointing and to the Eden Prairie Fire Relief Association. Synopsis State statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2012 and 2013. The appointment of the Fire Chief is automatic according to statute. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE,BE IT RESOLVED, that the City Council appoints and to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2014. ADOPTED,by the City Council of the City of Eden Prairie, on the 7th day of January, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development: Molly Koivumaki; Green Neighborhood Update Janet Jeremiah Requested Action No action is requested. Synopsis Update on the Green Neighborhood Development Initiative Background Information The Green Neighborhood is proposed on an 8 acre site, currently owned by MNDOT, in the southwest corner of Scenic Heights Rd and Eden Prairie Rd. The Strategic Plan for Housing and Economic Development, approved by the City Council in October 2012, identified the project as high priority and included potential strategies for establishing a green neighborhood with mid- market housing on the site. Through an RFP process, four developers submitted concept plans and purchase offers to develop the site. Three of the four developers met the criteria to be interviewed and one, Homestead Partners, was eventually selected during a Council workshop in August, 2013. At that time, the City Council expressed interest in considering some market rate units along with the mid-market to hopefully prevent the need for any cash subsidy. The City Council also indicated its intent to use its HRA to simultaneously purchase the property from MNDOT and sell it to Homestead upon final development approval and private financing. The HRA purchase requires a substantial proportion of mid-market units in order to meet the public purpose criteria. During the August, 2013 workshop, the Council also confirmed its interest in requiring green neighborhood and building features. Schedule Homestead Partners intends to submit complete preliminary PUD/Plat plans as well as other necessary Planning applications on January 17, 2014. Once the application materials are submitted, staff will make them available on the City's website for neighborhood review. If the January 17th submittal deadline is met, a public hearing will be held at the Planning Commission on February 24, 2014 and a City Council public hearing would follow as early as March 18, 2014. Neighborhood Meetings Three neighborhood meetings have taken place to date: April 24, 2013 in the Heritage Rooms; September 25th at Cedar Ridge Elementary School, primarily for the neighbors with property immediately abutting the new neighborhood; and October 29th, again at Cedar Ridge Elementary School for the greater neighborhood. For the larger meetings, notices were mailed to over 300 residents of the surrounding neighborhood. Public comments were recorded by staff at all three meetings and supplied to the developer. City Connect has also been used to elicit comments. Traffic Analysis An analysis of traffic impacts to the existing neighborhood is being completed. The traffic analysis will be part of the Preliminary Plat/PUD documents and will be made available to the public. Plan Revisions The developer has revised the original concept plan to reflect many of the comments of the neighbors. Specifically, the developer has removed the pool feature and included more public access to the common area. The developer has also reoriented the lots that abut existing neighbors so that side yards meet side yards and back yards meet back yards. The homes immediately adjacent to existing neighbors are now proposed to be "front-loaded" to eliminate private drives or alleys adjacent to existing neighbors. These lot changes result in more adjoining green space. The adjacent homes will also be market rate, anticipated to be in the $400,000 range, to address neighborhood value concerns. The neighborhood has not yet seen these design changes,but they will be reflected in the preliminary PUD/Plat plans. The developer has also revised the concept plan to reflect staff concerns with excessive dead ends and access/maneuverability for emergency vehicles and other large vehicles such as garbage trucks and school buses. The developer is also incorporating more neighborhood green features as described below. Green Features The developer is proposing green, energy-efficient features for all of the homes to achieve Green Path certification. Further, the developer will construct the model home with solar panels and will design other homes so that buyers can select solar panels as an option. The developer proposes a central common area that will feature a pavilion with solar panels on the south side of the roof. The solar will be used to power bollard lighting around the common area sidewalk. The north side of the pavilion roof is proposed to be a"green roof'. The common area will also include garden plots that can be used by residents to grow their own vegetables. Staff is working with the developer to include a recycled irrigation system and other green storm water features. Staff is also working with the developer to incorporate permeable pavers where practical and landscaping throughout the development that promotes water conservation and requires no mowing. Street lights will likely be solar LED. The Conservation Commission has reviewed the green features and will continue to be involved. Market Interest There has been substantial market interest in the homes from a wide range of potential buyers including Eden Prairie firefighters and an existing resident of the Fairfield neighborhood. Attachment Neighborhood Feedback Letter Fairfield neighborhood and Eden Prairie residents Eden Prairie, MN November 23, 2013 City Of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Re: Green neighborhood development project Dear City of Eden Prairie leadership (Mayor, City Counsel, City Manager, Planning Commission): This letter is in reference to the green neighborhood development project, currently being pursued by the City of Eden Prairie. You have no doubt, received a significant amount of feedback from residents through the initial stages of this effort. Please let this letter serve as a consolidated point of view from a group of residents, aligned around our primary concerns. Essentially, this is intended to provide a focused outline of issues we would like you to address. We understand that the development of the land is likely inevitable. That said, we hope that the city will consider the primary issues that your constituents have as part of any development efforts. In order to be concise we have outlined three primary concerns below. Issue one: traffic through adjacent neighborhoods We understand that there was always a potential for a development on this property, which included the connection of Thatcher Road to Endicott Trail, but that plan included the extension of the adjacent neighborhood with similar lots sizes, meaning many fewer homes. The current plan calls for 36 homes and a connection to Thatcher Road and Scenic Heights Road. We feel that the current plan, due to the number of homes proposed, a new connection to Scenic Heights Road and only one connection to the existing neighborhood will lead to substantially more traffic through the adjacent neighborhood. This area has narrow streets, with sharp turns, that were not designed for heavy traffic flow. There are many young children in the adjacent neighborhood who enjoy riding bikes, scooters, skateboards, etc. We fear for the safety of our children and the overall impact this plan will have on our currently quiet streets. As an option, please consider having one entrance to the new development, from Scenic Heights Road. We know that there are accessibility concerns with this concept, but there are other examples of neighborhoods in this city with single access points. The neighborhood on the southwest corner of Eden Prairie Road and Pioneer Trail is one. Issue two: density of development Again, the current plan calls for 36 houses in this new development. As stated previously, if this property was ever developed the intention was to extend the adjacent neighborhood. This would mean substantially fewer homes on larger lots. We also understand that the city needs to meet certain criteria around affordability of these new homes in order to purchase the land. That said, we have a real concern with how this higher density development will impact our property values and quality of life. As an option, please consider looking at alternatives that would allow for fewer homes with similar lot sizes and home values relative to the adjacent neighborhood. Issue three: audible and visual impacts A large berm exists along the north and west sides of the property. This was created at the urging of the adjacent neighborhood, to address the noise and visual impact of the 212 Highway project. Prior to that project the lot was heavily treed, which provided a natural barrier. The proposed development would eliminate said berm. Additionally, given the density of the proposed development, and associated small lot sizes, new homes and streets would be built very close to adjacent properties. We are concerned that there is not a defined plan to address the noise issues associated with removing the current berm. We are also concerned that the proximity of the new homes and streets to existing properties will dramatically impact quality of life, and potentially home values. Much of the property is elevated above the adjacent neighborhood. Imagine looking out your back door and seeing a house sitting fifteen feet off the back of your yard, and associated exterior and street lights, when your current view clear. As an option, please consider solutions that address the noise concerns such as maintaining a berm or installing some other type of substantial noise barrier. Additionally, having larger lots, adjacent to the existing neighborhood, and/or a larger "buffer" zone between could help address the visual concerns. We believe that all of these issues need to be thoughtfully considered and addressed before the city moves forward with any plans for development. We also believe that no matter what ultimately happens with this property, it is the city's responsibility to make sure that the needs of existing residents are taken into account and ultimately met. Know that we are not opposed to this development project, even though it will have an impact to our neighborhood. We simply want the city to take current tax paying constituents into account as a primary consideration. Although no one person speaks for the residents identified in this letter, for the sake of efficiency you may direct any response to: Christopher Atterberry chris@ironhammer.com 612-803-0124 Sincerely, Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: Resident: Signature: Address: CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.1. Jay Lotthammer, Director, Construction Manager Agreement for the Parks and Recreation Community Center Aquatics Expansion Project Requested Action Move to: Authorize Construction Manager Agreement with RJM for services prior to bidding and additional services if bids are awarded. Synopsis Staff recommends the use of Construction Management Services for the Community Center Aquatics Expansion project due to the uniqueness and complexities of the project, the use of many types of construction trades and the benefits of having continuous on-site expertise. A proposal for Construction Management Services from RJM has been received. The proposed pricing is less than the previous community center expansion project(2.25%vs. 2.4%). The proposed agreement uses a similar contract philosophy to the previous staged agreement for architectural services with HGA and uses AIA Document A133 —2009 as the basis for the contract. The pricing is a fixed amount of$43,750 for the design, cost estimating and the bidding services portion. The remainder of the contract would only be executed if the City Council were to award the bids and authorize the project. This second portion of the project would be priced based on 2.25% of the agreed upon guaranteed maximum price. Background RJM is a commercial general contractor and construction manager headquartered in Minneapolis with offices in Denver and Phoenix. RJM specializes in community based municipal projects and is considered an industry leader representing municipalities in the construction of projects including ice arenas, community centers, aquatic centers and public works facilities. Other community based experience includes work with non-profit clients such as the YWCA, Boys and Girls Club, various Charter Schools and the YMCA both locally and nationally. In the past few years, RJM has also provided services for the cities of Edina, Chanhassen, and Maple Grove. RJM has worked with the Architect on the following aquatics related projects: the Andover Community Center and YMCA as well as the City of Worthington Community Center and YMCA -both public/private joint ventures. Along with additional related projects such as: the City of Elk River Community Center and YMCA, River Valley YMCA in Prior Lake, City of Chaska Community Center, Cascade Bay in Eagan, Apple Valley Aquatic Center, and the Southdale YMCA in Edina. RJM is uniquely qualified and has intimate knowledge of the current facility as a result of performing Construction Management activities for the 2007-08 expansion. In addition, RJM Construction Manager Agreement for the Community Center Aquatics Expansion Project January 7, 2014 Page 2 staff have been working with city staff and HGA architects to assist with cost estimates and construction knowledge during the initial phases of the current aquatics expansion project. Attachment AIA Document A133 II =i= Document A133 - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ADDITIONS AND DELETIONS: AGREEMENT made as of the November day of Twenty Six in the year Two Thousand The author of this document has added information needed for its Thirteen completion.The author may also (In words, indicate day, month and year.) have revised the text of the original AIA standard form.An Additions and BETWEEN the Owner: Deletions Report that notes added (Name, legal status and address) information as well as revisions to the standard form text is available from City of Eden Prairie the author and should be reviewed.A 8080 Mitchell Road vertical line in the left margin of this 1 Eden Prairie,MN 55344 document indicates where the author has added necessary information and the Construction Manager: and where the author has added to or (Name, legal status and address) deleted from the original AIA text. This document has important legal RJM Construction,LLC consequences.Consultation with an 701 Washington Avenue North attorney Is encouraged with respect Minneapolis,MN 55402 to its completion or modification. for the following Project: AIA Document A201'm-2007, (Name and address or location) General Conditions of the Contract for Construction,is adopted in this City of Eden Prairie Community Center Aquatics Addition document by reference.Do not use 16700 Valley View Road with other general conditions unless Eden Prairie,MN 55346 this document is modified. The Architect: (Name, legal status and address) HGA Architects 420 5th Street North,Suite 100 Minneapolis,MN 55401 The Owner's Designated Representative: (Name, address and other information) Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 The Construction Manager's Designated Representative: (Name, address and other information) Brian Recker KM Construction,LLC 701 Washington Avenue North AIA Document A133TM 2009;(formnrly A121 tmCl41c—2003).Copyil t©1991,,2OO and 2009 byThe Archttects.AU j ghts reserved Init• WARNING Thla AIA'Document is prptucted byU,B.CopYriOt law and Intornationnl TroatIoe.Unauthorized reproductlonpr dlstributton of thla AJA 1 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law, Thls document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.8111555428_1 which expires on 10/29/2014,and Is not for resale. User Notes: (1297502516) I Minneapolis,MN 55402 The Architect's Designated Representative: (Name, address and other information) Victor Pechaty HGA Architects 420 5`h Street North,Suite 100 Minneapolis,MN The Owner and Construction Manager agree as follows. • AIA Document A1331"—2009(formerly A1211"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AIA® Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AlA® 2 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. !): This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.18.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner;to furnish efficient construction administration,management services and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish or approve,in a timely manner,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase,AIA Document A201TM-2007,General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement.For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2007,which document is incorporated herein by reference.The term "Contractor"as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2.The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3.The Owner and Construction Init, AIA Document Al 33T"—2009(formerly A1211"CMc-2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 3 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) Manager may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work.The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements,selection of materials,and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor;time requirements for procurement,installation and construction;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets, life-cycle data,and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services.The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants'services, and the Owner's responsibilities and identify items that could affect the Project's timely completion.The updated Project schedule shall include the following:submission of the Guaranteed Maximum Price proposal; components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products,including those that must be ordered well in advance of construction;and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement,or phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval.If the Architect or Construction Manager suggest alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval.The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project. • § 2.1.7 The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered well in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction.If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. Init. MIA Document Al 33*"—2009(formerly A121*MCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe 4 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates.The Construction Manager,however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws,statutes, ordinances, codes,rules and regulations, or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances, codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work,including contingencies described in Section 2.2.4,and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect,the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom.Such further development does not include such things as changes in scope,systems,kinds and quality of materials,finishes or equipment,all of which,if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 2.2.2,to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,allowances,contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed.Maximum Price proposal.In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The AIA Document A133TM—2009(formerly A121 TMCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555426_1 which expires on 10/29/2014,and is not for resale: User Notes: (1297502516) Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase,unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. - § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201-2007,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed,whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect.The Owner shall then determine,with the advice of the Construction Manager and the Architect,which bids will be accepted.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2,2 If the Guaranteed Maximum Price has been established and when a specific bidder(1)is recommended to the Owner by the Construction Manager,(2)is qualified to perform that portion of the Work,and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner.If the Subcontract is awarded on a cost-plus a fee basis,the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a"related party" according to Section 6.10,then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction,according to Section 6,10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress,coordination,scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. Init. AIA Document A133T—2009(formerly A121'"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA 6. Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555426_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner.The Construction Manager shall also keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather, portions of the Work in progress,number of workers on site,identification of equipment on site,problems that might affect progress of the work,accidents,injuries,and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect,in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12,10 of A201-2007 shall apply to both the Preconstruction and Construction Phases, § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases, ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives, constraints,and criteria, including schedule,space requirements and relationships,flexibility and expandability, special equipment,systems sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.Thereafter,the Construction Manager may only request such evidence if(1) the Owner fails to make payments to the Construction Manager as the Contract Documents require,(2)a change in the Work materially changes the Contract Sum,or(3)the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1.1,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. • § 3.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services.The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests,inspections and reports required by law and as otherwise agreed to by the parties,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. AIA Document A13311'—2009(formerly A1211MCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. !nit, WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 7 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extant possible under the law, This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555428_1 which expires an 10/29/2014,and is not for resale. User Notes: (1297502516) it § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The surveys and legal information shall include,as applicable, grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees; and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner,when such services are requested,shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 ofA201-2007,the Architect does not have such authority. The term "Owner"means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B103TM-2007,Standard Form of Agreement Between Owner and Architect,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4,1.1 For the Construction Manager's Preconstruction Phase services,the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of or basis for, compensation and include a list of reimbursable cost items, as applicable.) Fee for preconstruction services will be$43,750 as described in the attached Exhibit A,RJM preconstruction fee proposal dated November 26,2013. This preconstruction fee includes all work necessary to complete all preconstruction services per the terms of this contract,including the public bidding process of all required bid packages. Also included is the review and qualification of received bids and subsequent recommendations to the city council for award of each bid category,along with the preparation of the proposed guaranteed maximum price for the project. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( )months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the AIA Document Al33n,—2009(formerly A121"'CMc-2003).Copyright©1991,2003 and 2009 by The American institute of Architects.All rights reserved. Init. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 8 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28;14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and Is not for resale, User Notes: (1297502516) mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 4,2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid sixty (60)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager, (Insert rate of monthly or annual interest agreed upon.) 12 %per anum ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3,the Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract. The Contract Sum is the.Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's.Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee.) The construction management fee will be 2.25%of the total construction cost of the project.No fee amount will be due to the contractor until such time the city council approves the guaranteed maximum price and approves the construction phase of the project. Approval of the GMP and project construction by the city council,if granted,is expected in April of 2014. Should the city council elect not to approve the construction of the project, the maximum amount due the contractor will be the preconstruction services fee of$43,750 as described in paragraph 4.1.2. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: Any owner directed scope change will be performed at a fee percentage of 5%. Any additional costs paid for by the project contingency will be completed at fee percentage of 2.25% § 5.1.3 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion ofthe Work: Limits on subcontractors overhead and profit will be as stated in the specifications of the contract documents. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed seventy five percent(75 %)of the standard rate paid at the place of the Project. § 5.1.5 Unit prices,if any: (Identifi,and state the unit price;state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0,00) NA § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,as it is amended from time to time.To the extent the Cost of the Work exceeds the Guaranteed Maximum Price,the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) IContractor will not participate in any savings. All project savings will be returned 100%to the owner. AIA Document A1331"—2009(formerly A121 T"CMe—2003).Copyright 01991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe 9 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. ;,1' This document was produced by AIA software at 11:44:12 on 11/25/2013 under Order No,81115554281 which expires on 10/29/2014,and is not for resale. User Notes: (1500009043) § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions.The Owner shall issue such changes in writing.The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 2007,General Conditions of the Contract for Construction.The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment maybe determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007,General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts(except those awarded with the Owner's prior consent on the basis of cost plus a fee),the terms"cost"and"fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs"as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2,Sections 6.1 through 6.7,and Section 6.8 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and"costs" as used in the above-referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term"fee"shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner.The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval,the Construction Manager shall obtain this approval prior to incurring the cost.The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site or at the construction manager's principal corporate office. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work,identify in Section 11.5,the personnel to be included,whether for all or only part of their time,and the rates at which their time will be charged to the Work.) • § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories,workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. Init; AIA Document A133®M-2009(formerly T"CMc-2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This Ale Document Is protected by U,S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA 10 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 6.2.4 Costs paid or incurred by the Construction Manager for taxes,insurance, contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements, customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. • § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any, shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation,storage,installation,maintenance,dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work.Costs of materials,supplies,temporary facilities,machinery,equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation,installation, minor repairs,dismantling and removal.The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item.Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions,facsimile transmissions and long-distance telephone calls,postage and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. Electronic document cost rate is$1.50 per$1,000 of revenue. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents,with the Owner's prior approval. Liability insurance rate is$9.00 per$1,000 of revenue. § 6.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. — Init. AIA Document Al33T"—2009(formerly A121T"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 11 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 6.6.3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 6.7.3. Except that special inspection costs shall be paid for directly by owner as required by building code requirements. § 6.6.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement ofpatent rights arising from such requirement of the Contract Documents;and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent.However,such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price.If such royalties,fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal,mediation and arbitration costs,including attorneys' fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner's prior approval,expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property,as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers,provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties,Subcontractors,suppliers,or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2,or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work; AIA Document A133'"—2009(formerly A121 mCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 12 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale., User Notes: (1297502516) .5 Except as provided in Section 6.7.3 of this Agreement,costs due to the negligence or failure of the Construction Manager,Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds • § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment,the Construction Manager included them in an Application for Payment and received payment from the Owner, or(2)the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10,the term"related party" shall mean a parent,subsidiary, affiliate or other entity having common ownership or management with the Construction Manager;any entity in which any stockholder in,or management employee of,the Construction Manager owns any interest in excess of ten percent in the aggregate;or any person or entity which has the right to control the business or affairs of the Construction Manager.The term "related party"includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party,the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work, equipment,goods or service from the related party, as a Subcontractor,according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3.If the Owner fails to authorize the transaction,the Construction Manager shall procure the Work, equipment,goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1,2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books, correspondence,instructions,drawings,receipts, subcontracts,Subcontractor's proposals, purchase orders,vouchers,memoranda and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: AIA Document Al 33T"—2009(formerly A12174CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA10 13 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 10th day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the same month.Han Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 7.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,less that portion of those payments attributable to the Construction Manager's Fee,plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,except that the Construction Manager's Fee shall be shown as a single separate item.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing (a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee,less retainage of five percent( 5%).The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent(5%)from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall,if any,indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 The Owner and Construction Manager shall agree upon(1)a mutually acceptable procedure for review and approval of payments to Subcontractors and(2)the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. AIA Document A133T"—2009(formerly A121 TMCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Inft. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 14 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555428_1 which expires on 10/29/2014,and Is not for resale. User Notes: (1297502516) • § 7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data;that the Architect has made exhaustive or continuous on-site inspections;or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract.Such examinations, audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager.Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting,and provided the other conditions of Section 7.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007.The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201 2007.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If,subsequent to final payment and at the Owner's request,the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work,the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AIA Document A133T"—2009(formerly A121 T"CMc-2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® 15 Document,or any portion of it,may result In severe civil and criminal penaitles,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555428_1 which expires on 10/29/2014,and is not for resale;; User Notes: (1297502516) ARTICLE 8 INSURANCE AND BONDS For all phases of the Project,the Construction Manager and the Owner shall purchase and maintain insurance,and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article II of AIA Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) -RJM limits of insurance as per limits in attached RJM See attached certificate for limits. certificate of insurance dated November 25,2013. 100%of contract amount -Contractor Payment and Performance Bond -Contractor to provide the builder'risk insurance policy. A201 (11.3)is understood to be revised accordingly. ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [X ] Litigation in a court of competent jurisdiction [ ] Other: (Sped) :F § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days' written notice to the Owner,for the reasons set forth in Section 14.1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1,the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. - AIA Document A133T"—2009(formerly A121 T"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAr 16 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. ly This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1,2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 10,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below,the Contract maybe terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Price Amendment,the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment,the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A201-2007.In such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007,except that the term"profit"shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201-2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201 2007 shall apply to both the Preconstruction and Construction Phases.: § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. AIA Document A133'"—2009(formerly A121'"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 17 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No,6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) § 11.4 Assignment The Owner and Construction Manager,respectively,bind themselves, their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that • party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: • a. RIM labor for work performed whether on the project site or at the principle corporate office will be billed for reimbursement at the following hourly rates: Project Executive $105.40 Project Manager $95.40 Project Engineer $65.40 Project Assistant $44.40 General Superintendent $94.90 Superintendent $83.90 Carpenter $73.90 Laborer Foreman $71.90 Laborer $67.90 b. Contractor shall retain the right to subrogate against contractor's own subcontractors(at any tier). A201 (11.3.7)is understood to be revised accordingly. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements, either written or oral.This Agreement maybe amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201-2007,General Conditions of the Contract for Construction .3 AIA Document E201Tm-2007,Digital Data Protocol Exhibit,if completed, or the following: .4 AIA Document E202TM-2008,Building Information Modeling Protocol Exhibit,if completed,or the following: .5 Other documents: (List other documents, if any,forming part of the Agreement.) AIA Document Al33TM—2009(formerly A1211MCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 18 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) This Agreement is entered into as of the day and year first written above. OWNER(Signature) CONSTRUCTION MANAGER(Signature) Brian Recker If Senior Vice President (Printed name and title) (Printed name and title) Init. MA Document A1337m 2009(formerly A121"'CMc 2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA 19 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:28:14 on 11/25/2013 under Order No.6111555428_1 which expires on 10/29/2014,and is not for resale. User Notes: (1297502516) MINNEAPOLIS / PHOENIX / DENVER CONSTRUCTION Exhibit RJM Construction Management Preconstruction Services- Fee Proposal City of Eden Prairie Community Center Aquatics Addition November 26, 2013 Design and Bidding Phase Description Quantity Unit Unit Cost Total Project Executive 125 HRS $ 105.40 $ 13,175 Project Manager 40 HRS $ 95.40 $ 3,816 Project Engineer 0 HRS $ 65.40 $ = Administration Assistant 6.0 HRS $ 44.40 $ 2,664 General Superintendent 16 HRS $ 94.20 $ 1,507 Superintendent _ 16 HRS $ 83.90 $ 1,342 Chief Estimator 105 HRS $ _ 105.40 $ 11,067 Specification Writer 70 HRS $ 95.40 $ 6,678 Document Quality Control Team 37 HRS ' $ 95.40 $ 3,501 Subtotal Design and Bidding Phase $ 43,750 701 Washington Avenue North#600 Minneapolis,Minnesota 55401 952-837-8600 RJMConstruction.com 0 A n._ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYYY)11/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 1-952-358-7500 CONTACT Becky Nadeau Arthur J. GallagherRisk Management Services, Inc, N6 EMI: (952) NAME: 4 PHONE q(� 'rAICNot: (952) 358-7501 3600 American Boulevard West A�REse=___Becky Nadeau@ajg,com Suite 500 Bloomington, MN 55431 INSURER(S)AFFORDING COVERAGE NAIC# Dave Crowther Halle Fore Insurance_Co 20508 (NSURhRA: valley Fore INSURED INSURERB: Charter Oak Fire Ina Co 25615 RJM Construction LLC INSURERC: Continental Casualty Co 20443 701 Washington Ave N, Ste 600 INSURERD: Minneapolis, MN 55401 INSURER E: INSURER F COVERAGES CERTIFICATE.NUMBER: 37063384 = REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES-OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR —POLICY EFF '•_POLICY EXP LIMITS LTR INNWVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) A GENERAL LIABILITY X ( 5090836494 Ol/O1/1° 01/01/14. EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 300 000 COMMERCIAL GENERAL LIABILITY PREMISES ecsurrence) $ , CLAIMS-MADE .X. OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE_ _$'2,000,000 GEM_AGGREGATE PER: PRODUCTS-COMP/OP_AGG $2,000,000mil I POLICY��JEC ] LOC $ AUTOMOBILELIABILITY 10B67E5640 O1/O1/11 'O1/01/14 COMBINEDSINGLE'LIfv�IT X P B B (Easccldenll $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED I PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per occldenq C X UMBRELLALIAB X, OCCUR 5085731862 01/01/13 01/01/14 EACH OCCURRENCE $ 10.,000,000 EXCESS LIAB CLAIMS•MADE AGGREGATE $10,000,000 DEO X__ .R€TUIT10N310,000 1 $ A AND EMPLOYERS'LIABILITY 5090836480 01/01/1. _ - WCSTATU+ OTH� WORKERS COMPENSATION �•y01/O1/14 X TOf?Y LIMITS E ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E,L,EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? - --- (MandatoryinNH) E,L,DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under I 1,000,000 DESCRIPTION OF OPERATIONS below BE DISEASE-POLICY LIMIT., $ C Bldrs"Risk%Install Float = 5090920816 01J01/13 01/01/14 B ui lder'8- Risk 12,000,000 11 Deductible 5,000 Install Floater 6,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLE S(Attach ACORD 101,Addhlonal Remarks Schedule,If more space la required) City of Eden Prairie and HGA Architect are Additional Insured on the General Liability policy as per endorsement #G140331C, 10/10 edition if required by a written contract. 'CERTIFICATE HOLDER CANCELLATION; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Eden Prairie THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Community Center Aquatics Addition ACCORDANCE WITH THE POLICY PROVISIONS. 16700 Valley View Road AUTHORIZED REPRESENTATIVE & v(9// Eden Prairie, MN 55346 USA W& "" la-` ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD becnade CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.2. Jay Lotthammer, Director, Mayor's Health and Wellness Committee Parks and Recreation Update/Live Well Food Truck Fundraising Effort Requested Action Move to: Authorize staff and Mayor's Health and Wellness Committee members to develop a Fundraising and Naming Rights Program and to seek the assistance of the Eden Prairie Community Foundation to support a fundraising effort. Synopsis In addition to an overview of the Committee's activities and efforts, staff will review the Live Well Food Truck concept and seek City Council approval to move forward with a fundraising and naming rights effort similar to the Miracle Field, Miller Park Barrier Free Play Area, the Aquatics Expansion Project and the Third Sheet of Ice efforts. Background In 2012 the City established a Health and Wellness initiative. The idea of a Healthy Eating Active Living Resolution was brought to the City of Eden Prairie by the Twin Cities Obesity Prevention Coalition, a community based coalition of organizations,physicians and individuals committed to improving public health by advocating healthy eating active living strategies in the metro area. With a unanimous vote of approval by the Council, the City of Eden Prairie became the second Minnesota city to pass a resolution to support and promote healthy eating and active living. The Mayor's Health and Wellness Committee began meeting in September of 2013 with the goal of identifying ways to increase residents awareness and access to opportunities for healthy living. The committee is made up of community members who have a wide variety of training and experience in health and wellness (see attached roster). After multiple committee meetings, the group determined it would be best to narrow the focus to nutrition and access to healthy foods. There are three main areas that have been identified; Funding Sources, Restaurant Engagement and the Live Well Food Truck. Funding Sources—Committee members continue to research and make contact with funding sources to help support the identified goals and initiatives of the committee. Restaurant Engagement—Committee members are interested in developing a criteria and a strategy for engaging local restaurants. One idea is that the restaurants would identify menu items that meet a determined level of nutrition. Mayors Health and Wellness Committee Update/Live Well Food Truck Fundraising Effort January 7, 2014 Page 2 Live Well Food Truck- The concept is to purchase and renovate a truck that would act as an extension of the Eden Prairie Community Center Cafe. The truck would be designed to provide a variety of healthy food options for community walk/runs and drive through busy community parks like Round Lake and Riley Lake. The truck would also make program stops at summer playground camps, senior pickleball and be present at large community events and concerts in the parks. Providing quality and healthy food experiences for park participants,tournaments, community events and concerts has become challenging. Local non-profit organizations and parks and recreation staff that in the past would provide basic concessions during community events are unable to meet participant expectations and abide by current health code requirements. Private for-profit vendors have become increasingly reluctant to provide concession services without a financial guarantee at community events. City staff have helped to meet patron's expectations, by setting up satellite locations of the Community Center Café. The current practice of setting up a tent only allows for serving items such as; popcorn, hotdogs, candy and pop. Current health code requires strict control over heating/cooling temperatures,proper sanitizing station and general site cleanliness and storage. Health regulations make it more difficult to offer healthy meals and snacks. An itinerant health permit must be pulled for each event and location, which also requires an on-site inspection by a health inspector. The Community Center currently offers healthy options such as yogurt, fresh and packaged fruit and baked chicken strips. The Live Well Food Truck would extend these and many other options at our parks and programs. Because this would be a unique concept at the city level, it would likely receive positive publicity promoting the value of healthy eating and local food production. Working with local farmers to provide some of the produce would also be a benefit to residents. Potential healthy food menu items would include; frozen yogurt, fruit smoothies, grilled selections, chicken wraps, salads, fruit and other types of healthy snacks and food products. The truck would be utilized a minimum of 150-200 times in the park system throughout the Spring- Summer-Fall seasons. Activities include: • Staring Lake Concert Series (20+ events) • KidStock Concert Series (8 events) • EP Players (10+ events) • Nature Rocks Series (20+ events) • Various Community Events—examples include: July 4, Schooner Days, Corn Feed, Rocking at Round, Art in the Park, Jazz on the Prairie, Arbor Day, EP Fire 5K, Art Center Open House (20+ events) • Senior Center Events (10+ events) • Grilling on the EPCC Plaza for hockey tourneys, Annual Ice Show, Mother-Son All Star evening (20+events) • Weeknight tours of Community Parks, including Round lake, Staring Lake, Lake Riley (50+events) Mayors Health and Wellness Committee Update/Live Well Food Truck Fundraising Effort January 7, 2014 Page 3 • Private rentals for groups renting City park facilities (20+ events) It is projected that a food truck could be operated and be financially self-sustaining with an estimated annual gross revenue of$22,500 (150 x$150/event) and expenditures of$20,500 with a total cost recovery of 110%. Recently, Committee Member Mary Battista and Parks and Recreation Director Jay Lotthammer presented the concept to the Eden Prairie Community Foundation Board. The Foundation Board will consider this as a funding initiative once the City Council has made their determination. Attachments Committee Roster Food Truck Brochure Mayor's Community Health and Wellness Committee To identf,promote and champion wellness initiatives and activities within the City of Eden Prairie. Mary Battista CITY REPRESENTATIVES Certified Holistic Health Coach(AADP) Certified Personal Trainer(ACSM) Rick Getschow, City Manager City of Eden Prairie Jana Dengel 8080 Mitchell Road Eden Prairie Schools, Registered Dietitian Eden Prairie, MN 55344 952-949-8410 Cathy Haukedahl RGetschow@edenprairie.org Chamber of Commerce Board Chair, AM Rotary Club Member&Flagship Bank Joyce Lorenz, Communications Manager City of Eden Prairie Ranee Jacobus 8080 Mitchell Road Eden Prairie Schools Eden Prairie, MN 55344 952-949-8554 Terri Johnson JLorenz@edenprairie.org EP Community Education Advisory Council Jay Lotthammer, Director Amy Konkoly Parks &Recreation A Taste for Wellness City of Eden Prairie Holistic Health Counselor 8080 Mitchell Road Eden Prairie, MN 55344 Suzanne Kutina 952-949-8440 Eden Prairie School Board JLotthammer@edenprairie.org Cara McNulty Mayor Nancy Tyra-Lukens Senior Group Manager of Prevention& 14695 Queens Trail Wellness for Target Eden Prairie, MN 55347 952- 937-1898 Scott Otis NTyra-lukens@edenprairie.org EP Community Foundation, Vice Chair Terry Picha Picha Farms and Greenhouse Nicole Santelman EP Chamber of Commerce Board Member &MN Vikings Football, LLC; Ryan Sather Health &Fitness Enthusiast Jill Siering Edible Garden Supporter Susan Thompson Thompson Integrative Health, Inc. ,,. . Live Well Food Truck Healthy Options — Locally Sourced . . v -, s ,- /4 M LI.1, .."411111111111"n° y 1 iir.. . .11, *k•°k2,. •.-7.' I i b_ W 4 �T Iii. 1-- ..'Lit r/ira f_di[Apo' ri t .. i �' r Pr ! fir + • II V • . II - . - ' . 4 -`1 y .' JI • An Extension of the Eden Prairie Community Center Café Serving Community Events, Park Visitors, Tournaments, Concerts and more .40411, a ill \./ AI EDEN LiveWell rPRAIRIE GOAL To increase availability of healthy food options at city park facilities and events, thereby furthering the goals of the city's "Healthy Eating Active Living" Resolution. PROPOSAL Acquire, modify and deploy a "Live Well" Food Truck to extend the healthy concessions options that are available at the Community Center to other city locations. RATIONALE In 2012, the City established a Health and Wellness initiative. The idea of a Healthy Eating Active Living Resolution was initiated by Mayor Nancy Tyra-Lukens through the Twins City Obesity Prevention Coalition, a community based coalition of organizations, physicians and individuals committed to improving public health by advocating healthy eating and active living strategies in the metro area. With a unanimous vote of approval by the Council, the City of Eden Prairie became the second Minnesota city to pass a resolution to support and promote healthy eating and active living. The Community Center currently offers healthy options such as yogurt, fresh and packaged fruit and baked chicken strips. We would like to extend these and many other options through concessions at our parks and programs. Providing quality and healthy food experiences for park visitors, tournaments, community events and concerts is challenging. Local non-profit organizations are less and less interested in operating concession booths due to the challenges of meeting health code requirements and participant expectations. At the same time, for-profit vendors are increasingly reluctant to provide concession services without a financial guarantee. The City has stepped in to meet resident's expectations by offering some concessions at events. However, the current practice of setting up a small tent and table limits concession items to simple options such as popcorn, hotdogs, candy and pop. A "Live Well" Food Truck would give us the equipment, storage and transport we need to provide these healthy options. In addition, the recent proliferation of food trucks in Minneapolis and other large cities has made for a publically acceptable and efficient way to provide high quality food for the public. In fact, many event organizers and businesses view food trucks as an enhancement and an amenity to the community. Live Well Food Truck Page 1 Because this would be a unique concept at the city level, there would be quite a bit of publicity promoting the value of healthy eating and local food production. Working with local farmers to provide some of the produce would give us another outlet for publicity. MENU ITEMS Frozen yogurt, fruit smoothies, grilled selections, chicken wraps, salads, fruit and other types of healthy snacks and food products. Local farmers have indicated a willingness to provide seasonal fresh fruits and vegetables at a reasonable cost. EVENTS, SITES& IDEAS The proposed food truck would be utilized a minimum of 150-200 times in the park system throughout the Spring-Summer-Fall seasons. • Staring Lake Concert Series (20+ events) • KidStock Concert Series (8 events) • EP Players Community Theater (10+ events) • Nature Rocks Series (20+ events) • Various Community Events—examples include: July 4, Schooner Days, Corn Feed, Rocking at Round, Art in the Parks, Jazz on the Prairie, Arbor day Walk, EP Fire 5K, Art Center Open House (20+events) • Senior Center Events (10+ events) • Grilling on the EPCC Plaza for hockey tournaments, annual Ice Show, Mother-Son All Star Evening (20+ events) • Weekday tours of summer playground sites (20+ events) • Weeknight tours of community parks, including Round Lake, Staring Lake, Lake Riley (50+ events) • Private rentals for groups renting City park facilities (20+ events) Live Well Food Truck Page 2 ACQUISITION/OPERATING COSTS Truck Purchase: $20,000 Interior Modifications: $30,000 Exterior Wrap: $2,500 Operating revenue is expected to slightly exceed expenses. This would allow for future upgrades and replacement costs. Live Well Food Truck Page 3 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Attorney January 7, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.H.1. Richard Rosow, City Attorney E Cigarette Update Requested Action No action requested. This is an informational item. Synopsis E Cigarettes have become more prevalent and retail locations are opening up across the State. The attached Memorandum discusses what e cigarettes are, health and safety concerns, and a summary of some other state and local regulation of e cigarettes. The Memorandum provides a summary of the City's options relating to e cigarette regulation. Background Information At the last Council meeting a report was requested relating to e cigarettes, Federal, State and local regulation of e cigarettes, and what actions other governmental entities have taken. The attached Memorandum discusses what other authorities have done and provides a summary of the City's options relating to e cigarette regulation. Attachment Memorandum MEMORANDUM To: Rick Getschow From: Richard Rosow, Sarah Schwarzhoff Date: December 27, 2013 Re: E Cigarettes E cigarettes have surged in popularity but in formation and regulation have lagged behind. E cigarettes heat liquid nicotine or other flavored substances into vapor that is inhaled. E cigarettes contain no tobacco but m any contain nicotine. Despite the fact that e cigarettes have been around for several years th ere is little inform ation regarding their safety and very little regulation. Producers and users of e cigarettes argue that there is no proof th at e cigarettes are not safe. Others object that there is no proof that e cigarettes are safe. There are more than 250 types of e cigarettes on the market and the ingredients vary widely. There have been no large scale tests or studies to examine the various ing redients used to determine their safety. Som e people claim that e cigarettes help people quit sm oking tobacco cigarettes and are a safer altern ative. However, in addition to there being no evidence on whether or not e ciga rettes are safer than tobacco cigarettes there is also no evidence on wh ether or not they assist people to quit smoking tobacco cigarettes. With the wide variety o f e cigarettes on the market and the lack of information it is difficult to make any statem ents about the safety of e cigarettes. The Univ ersity of Minnesota is one of several institutions perform ing studies to as sess the safety of e cig arettes. Until studies are complete, there is no data to analyze. REGULATION The regulation of e cigarettes is equally unsettled. E cigarettes are cu rrently covered by almost no Federal, State or Local regula tion. As a result, stores selling e cigarettes have few if any regulations and there are few limits on where e cigarettes may be used. There are no regulations regarding what ingredients can be used in an e cigarette. Equally important, there are no regulations regarding packaging th at inform a consum er what is actually in any particular e cigarette. The FDA has authority over e cig arette regulations. The FDA initially sought to regulate all e cigarettes as drugs or devices, separate from tobacco regulations. A federal circuit court found in Soterra, Inc. v Food & Drug Administration, 627 F.3d 891 (D.C. Cir 2 010) that the FDA only has the authority to regulate e cigarettes as a drug or device if they are m arketed for therapeutic purposes, otherwise e cigarettes can only be re gulated through he FDA's tobacco regulations. The literature anticipates that the FDA, in reaction to the court ruling, will expand the definition of"tobacco products" in its tobacco regulations to include e ciga rettes. The FDA ha s not made clear what other regulations it intends to establish. Regulations for e cigarettes were to be issued by October 31, 2013. In Oc tober 2013, 40 State Attorney Gene rals sent a letter to the FDA urging it to meet the deadline. Their main concern regarding e cigarettes was safety, especially youth safety, and the current lack of any regulat ion. The FDA pushed the deadline to the end of November,but no regulations have yet been issued. The State of Minnesota has prohibited the sale of e cigarettes to anyone under the age of 18 and has included e cigarettes in the definition of tobacco in relation to taxing. However, the State has not included e cigarettes in any definitions relating to licensing, sa le, or locations where use is prohibited. The Minnesota Clean Indoor Air Act does not apply to e cigarettes, allowing their use in restaurants and other public and private f acilities. Several legislators have indicated their intent to introduce legislation next year to a dd e cigarettes to the Minnesota Clean Indoor Air Act. Most states have some form of indoor air act, but the acts have universally been determ fined not to apply to e cigarettes absent a specific am endment. The laws were passed before e cigarettes existed and the language is not expansive enough to include them. Several states have taken action to regulate e cigarettes: • North Dakota,New Jersey, and Utah have a 11 prohibited the use of e cigarettes in non- hospitality workplaces, restaurants and bars; • North Dakota also prohibits the use of e cigarettes in gambling facilities; • Arkansas, Colorado, and New Hampshire ban e cigarette use on school property; • Delaware and Oregon ban use of e cigarettes in state work places and on state property; • Kansas, Oklahoma, and South Dakota ban the use of e cigarettes on departm ent of corrections property; and • Maryland bans the use of e cigarettes on commuter rail systems. Several counties have taken action regarding e cigarette regulation: • Hennepin County has banned the use of e cigarettes on County property; and • Beltrami County has required that sellers be licensed and has banned the sam pling of e cigarettes in stores. Private companies have also addressed e cigarettes: • The Mall of Am erica and Target Field h ave prohibited the use of e cigarettes on their premises; and • Several transit companies have prohibited the use of e cigarettes on transit vehicles. Various cities have also enacted regulations relating to e cigarettes: • Hopkins has instituted a m oratorium on ne w retailers selling e cigarettes. Current retailers with tobacco license s can continue to sell e cig arettes but sampling on s ite is prohibited. • Duluth has banned the use of e cigarettes in public locations and has required a license to sell e cigarettes. Duluth has also banned sampling in stores. • Mendota Heights has required licensing to sell e cigarettes and banned sampling in stores. • Mankato has reportedly banned e cigarette use in indoor public places just as traditional smoking is banned, included e cigarettes in its tobacco licensing and prohibited sampling, but the online code has yet to be updated. • North Mankato established a one year moratorium on indoor sampling of e cigarettes. • Savage included e cigarettes in its tobacco licensing ordinance. • Edina adopted a one year moratorium prohibiting the establishment of vapor lounges. • St. Peter has decided to prohibite d use of e cigarettes in City facilities just as tobacco is prohibited, but the ordinance has not yet been adopted. • Rochester park board has established a policy banning the use of e ciga rettes in parks. The City Council is planning to ban e cigarette use in the m edical zone, bars, city bus shelters and other areas where the u se of tobacco is banned,but the paperwork is not yet complete. • Woodbury appears to have include d e cigarettes in its tobacco licensing ordinance, as it has issued licenses to e cigarette retailers, but the online code has yet to be updated. • Ely has prohibited use of e cigarettes where tobacco cannot be used including private bars and restaurants. Ely has also prohibited indoor sam pling by instituting a six m onth moratorium. • Hermantown has instituted a six month m oratorium prohibiting the sale or use of e cigarettes in public spaces. • Bemidji has included e cigarettes in tobacco licensing. • St Paul has included e cigarette s in its tobacco licensing and has prohibited the sale of e cigarettes to anyone under 18. Many cities are currently discussing what action to take in regards to e cigarettes while others are waiting to see what the Federal and State governments do before taking any action. WHAT ARE THE CITY'S OPTIONS? • Take No Action. The C ity can take no action in regards to e cigarettes. This will allow the unregulated sale and use of e cigarettes in the City, other than the State's prohibition against the sale to a nyone under the age of 18. Any Fede ral or State regulations will apply when adopted and the City can revisit this issue at any time. • Licensing. The City can revise its tobacco lic ensing code to include e cigarettes. Most cities that have chosen to license e cigarettes have done so by including e cigarettes in the definition of"tobacco" or "cigarette" in the code thus treating them exactly like tobacco cigarettes. Alternatively, the City could es tablish an entirely separate licensing system for e cigarettes. • Public Locations. The City can add e cigarettes to its prohibitions in the Eden Prairie Smokefree Air Ordinance of 2002 against smoking in parks; City facilities; inside motor vehicles owned or operated by the City when occupied by two or more persons; and inside motor vehicles at City Facilities and Parks. Just as with toba cco, the City can prohibit the use of e cigarettes in City buildings, City vehicles and parks. • Public and Private Locations. The City can expand the prohibition against the use of e cigarettes to include areas covered by the Mi nnesota Clean Indoor Air Act. This would prohibit the use of e cigare ttes in all loc ations that tob acco cigarettes are cu rrently prohibited, including bars and restaurants. This option may become unnecessary if the legislature includes e cigarettes in the Minnesota Clean Indoor Air Act. • Moratorium. The City m ay use its land u se regulation authority to estab lish a moratorium against new retail locations seeking to sell e cigarettes as Hopkins and Edina have done. • Combination. The City can take action on some combination of the above options. 12/23/13 Muni code Bemidji, Minnesota, Code of Ordinances>> PART II - CODE OF ORDINANCES >> Chapter 12 - BUSINESSES AND LICENSING >> ARTICLE XIX. -TOBACCO >> DIVISION 1. GENERALLY>> DIVISION 1.GENERALLY Sec. 12-1131. Purpose. Sec. 12-1132. Definitions. Sec. 12-1133.Violations and penalties. Sec. 12-1134. Prohibited sales,exceptions and defenses. Sec. 12-1135.Other restrictions. Sec. 12-1136.Other illegal acts. Secs. 12-1137-12-1160. Reserved. Sec. 12-1131. Purpose. The city council recognizes that regulation of all sales of tobacco and electronic delivery devices, or what is commonly referred to as e-cigarette products, in the city will protect minors against the serious effects associated with the illegal use of tobacco and/or electronic delivery devices and will further promote the health, safety and welfare of all residents of the city by making it more difficult for minors to obtain tobacco and electronic delivery devices. The city council further recognizes that electronic delivery devices (or e-cigarettes), closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine or other substances created by heat through an electronic ignition system. Moreover, the city council recognizes that e-cigarette use in workplaces and public places where smoking of traditional tobacco products is prohibited creates confusion and leads to difficulties in enforcing the county-wide smoking prohibitions. u� 19z� subd. 1;Ord. No. 94, 3rd Series, § 1, 11-18-2013) Sec. 12-1132. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Electronic delivery device shall mean any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product, including any device commonly referred to as an e-cigarette. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. E-cigarette means an electronic delivery device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether I i brary.municode.com/pri nt.asp ah=&cl ientlD=13726&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fHTM L%2f13726%2flevel4%2fPTI ICOOR_C H 12... 1/4 12/23/13 M uni code manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor. Retail establishment means any place of business where tobacco, tobacco products, tobacco- related devices, or electronic delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. Tobacco means and includes tobacco in any form, including but not limited to, cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready-rubbed, or other smoking tobacco; snuff, snuff flour, cavendish, plug and twist tobacco, fine cut and any other chewing tobaccos; shorts, refuse scraps, clippings, cuttings, sweepings and other forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper, or other tobacco or electronic delivery related devices. Tobacco shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sale for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose. (Code 1986,§ 6.36, subd. 2;Ord. No. 94, 3rd Series,§ 1, 11-18-2013) Cross reference—Definitions generally, § 1-2. Sec. 12-1133. Violations and penalties. (a) In addition to any criminal penalties that may be imposed by a court of law, any violation of this article shall also be cause for the imposition of an administrative fine, license suspension and/or license revocation. If the violation relates to the sale of tobacco or electronic delivery devices to minors by a licensee or their employee, the following administrative fines, suspensions or revocations shall be imposed: (1) The first violation shall subject the licensee to the payment of an administrative fine not to exceed $100.00. (2) A second violation at the same location within 24 months after the initial violation shall subject the licensee to the payment of an administrative fine not to exceed $200.00. (3) A third violation at the same location within 24 months after the initial violation shall subject the licensee to the payment of an administrative fine not to exceed $400.00 and not less than a ten business day suspension of the tobacco retailer's license. (4) The fourth violation at the same location shall subject the licensee to a license revocation as determined by the city council but not to exceed one year. (5) An individual who sells tobacco or electronic delivery devices to a person under the age of 18 years may be charged an administrative penalty of$60.00. (b) Upon receipt of information indicating that a violation has occurred, the city shall send a violation notice to the licensee and/or individual, served personally or by mail. The violation notice shall indicate the nature of the violation and whether such violation will result in an administrative fine, license suspension or license revocation. The notice shall also indicate that the licensee or individual has an opportunity of requesting a hearing before the city council or other person or entity authorized by the city to conduct the hearing. A licensee or individual shall file a written request for hearing within ten days of the date specified in the violation notice or the licensee or individual shall be deemed to have waived their right to a hearing. Upon receipt of a hearing request, the city shall schedule a hearing at the earliest opportunity and shall send a hearing notice to the licensee or individual by mail. The filing of an appeal stays the action of the city until a final decision. The final decision shall be in writing. Any appeal of the final decision may be made to district court. uoae cco,S o.io, suoa. of;urn. Ivo. &4, Jra oenes,3 I, I I-I es-Lu l.S, I i brary.muni code.com/print.aspl?h=&cl ientlD=13726&HTM Req uest=http%3a%2f%2fl i brary.municode.com%2fHTM L%2f13726%2flevel4%2fPTI ICOOR_C H 12... 2/4 12/23/13 M unicode Sec. 12-1134. Prohibited sales, exceptions and defenses. (a) No person or retail establishment shall sell or offer to sell any tobacco, tobacco product, tobacco-related device, or any electronic delivery device: (1) To any person under the age of 18 years. (2) By means of any type of vending machine. (3) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or any other type of deleterious, hallucinogenic or toxic or controlled substance except nicotine and not naturally found in tobacco products. (b) It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, tobacco-related devices, or electronic delivery devices in open displays which are accessible to the public without the intervention of the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or electronic delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and electronic delivery devices shall be stored behind a counter in an area that is not accessible to consumers without the assistance of a store employee. (c) Nothing in this article shall prevent the providing of tobacco to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony, or under the exceptions of Minn. Stat. § 609.685. It shall be an affirmative defense to a violation for a person to have reasonably relied on proof of age as described in subsection 12-1135(a). (Code 1986,§ 6.36, subd. 5;Ord. No. 94, 3rd Series,§ 1, 11-18-2013, Sec. 12-1135. Other restrictions. (a) Identification required. It shall be an affirmative defense to a violation for a person to have reasonably relied on proof of age as described in this subsection. Any tobacco retailer licensee or an employee of a licensee selling or offering to sell tobacco products or electronic delivery devices must require identification if they have any reason to believe that a customer is less than 18 years of age. Proof of age for purchase or use of tobacco products or electronic delivery devices may be established only by one of the following: (1) A valid driver's license or identification card issued by Minnesota, another state, an Indian Reservation in this state, or a province of Canada, and including the photograph and date of birth of the person. (2) A valid military identification card issued by the United States Department of Defense; or (3) For a foreign national, from a nation other than Canada, by a valid passport. (b) Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco or electronic delivery devices on licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder for the purpose of imposing administrative fines, suspensions or revocations. (c) Compliance checks. All licensed premises shall be open to inspection by the police department or other authorized city official during regular business hours. At least once each calendar year at each location licensed by the city to sell tobacco and/or electronic delivery devices, the city shall conduct compliance checks by engaging minors to enter a licensed premise to attempt to purchase tobacco or electronic delivery devices. Compliance checks shall utilize minors over the age of 15, but under the age of 18, with the prior written consent of a parent or guardian. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco or electronic delivery devices when such items are obtained as part of the compliance check. No minor used in compliance checks shall attempt to use a false I i brary.municode.com/pri nt.asp ah=&cl ientlD=13726&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fHTM L%2f13726%2flevel4%2fPTI ICOOR_C H 12... 3/4 12/23/13 Muni code identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or the licensee's employee and shall produce any identification requested. 0 'JU IJvv,y v.Jv, Juuu. VIu. IVv. I, I I-IU-GVIJ1 Sec. 12-1136. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article. (1) Illegal possession, use, purchase and provision by others. It shall be a violation for any minor to possess, use, purchase, attempt to purchase or otherwise obtain any tobacco product or electronic delivery device, and it shall be a violation for any person to sell to, purchase or otherwise obtain or provide tobacco or an electronic delivery device to or on behalf of a minor. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the city. (2) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Secs. 12-1137-12-1160. Reserved. I i brary.municode.com/pri nt.asp ah=&cl ientlD=13726&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fHTM L%2f13726%2flevel4%2fPTI ICOOR_C H 12... 4/4 CHAPTER 11. CIGARETTES.' § 11-1. License to sell--required; definitions. § 11-2. Same--Fee. § 11-3. Same--Grant or denial and issuance; expiration date. § 11-4. Same--Character of applicant; movable places of business and vending machines licenses prohibited; to be issued for sale only at single location. § 11-5. Same--Revocation or suspension, administrative penalties. § 11-6. Same--Not required of blind persons. § 11-7. Sales from vending machines prohibited. § 11-8. Sales to minors prohibited. § 11-9. Smoking by minors, possession or purchase of tobacco prohibited. § 11-10. Self-service merchandising. § 11-11. Repealed. Sec. 11-1. License to se112--required; definitions. (a) For the purposes of this Chapter,the terms"tobacco"and"tobacco related devices"shall have the meanings given them in Section 609.685 of the Minnesota Statutes and as the same may from time to time be amended, and shall include electronic cigarettes defined as any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. The term shall include such devices whether they are manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name; (b) No person or any clerk,servant, employee or agent of any such person shall,within the city, directly or indirectly upon any pretense manufacture, sell, exchange, barter or keep for sale any tobacco or tobacco related devices without first having obtained a license therefor. (Ord. No. 6577, § 1; Ord. No. 8971, 2-12-1990, § 1; Ord. No. 9314, 10-15-1996, § 1; Ord. No. 10076, 2-14-2011, § 1; Ord. No. 10243, 9-9-2013, § 1.) Sec. 11-2. Same--Fee. The annual fee for a license required by this Chapter shall be set in accordance with Section 31-6(a) of this Code. (Ord. No. 6577, §2; Ord. No. 6585; Ord. No. 7118; Ord. No. 7130; Ord. No. 8221,4-5-76, § 1; Ord. No. 8971, 2-12-1990, § 2; Ord. No. 9118, 1-11-1993, § 17; Ord. No. 9314, 10-15-1996, § 2; Ord. No. 9406, 3-22-1999, § 1; Ord. No. 9611, 7-28-2003, § 19.) Sec. 11-3. Same--Grant or denial and issuance; expiration date. (a) Licenses for the manufacture,sale,exchange,barter or keeping for sale of tobacco or tobacco related devices shall be granted by the administrative assistant and issued by the city clerk,who shall provide a suitable blank form of application for the use of the applicant. Such licenses shall expire on April 30 next after issue; (b) The administrative assistant may deny a license for any of the following reasons: (1) That the applicant, its managers or employees violated any ordinance or state or federal statute or regulation which relates to the sale or possession of tobacco or tobacco related devices; 'For state law prohibiting sales to intoxicated persons, see M.S.A., § 340.73. 2For state law authorizing city to license retail sale of cigarettes, see M.S.A., §461.12. 1 (2) That the applicant,its managers or employees were convicted of a crime that directly relates to the sale of tobacco or tobacco related devices and have not been rehabilitated within the meaning of Minnesota Statutes, Chapter 364; (3) That the applicant made material misstatements of fact or omissions of fact on its present or past applications; (4) That the applicant, its managers or employees refused to answer questions concerning its application or operations asked by the police or the administrative assistant; (5) That the applicant failed to pay any city tobacco license fees when due. (Ord. No. 6577, § 2; Ord. No. 6585; Ord. No. 7118; Ord. No. 7130; Ord. No. 8971, 2-12-1990, § 3; Ord. No. 9314, 10-15-1996, § 3.) Sec. 11-4. Same--Character of applicant; movable places of business and vending machines licenses prohibited; to be issued for sale only at single location. No license required by this Chapter shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of tobacco or tobacco related devices at any place other than his established place of business. No license shall be issued for the sale of tobacco or tobacco related devices at a movable place of business, nor shall any license be issued for the sale of tobacco or tobacco related devices at more than one place of business. No license shall be issued authorizing the sale of tobacco or tobacco related devices from a vending machine or any other mechanical device. (Ord. No.6577,§6;Ord. No. 8971, 2-12-1990, §4; Ord. No. 9314, 10-15-1996, §4; Ord. No. 10243, 9-9-2013, § 2.) Sec. 11-5. Same--Revocation or suspension, administrative penalties. (a) Every license issued under this Chapter may be suspended up to 60 days or revoked by the alcohol, gambling and tobacco commission for any cause set forth in paragraph (b) of this Section after a public hearing held for such purpose, notice of which shall be mailed to the licensee at his or her place of business ten days before the holding of such hearing. Any decision to suspend or revoke a license shall be made in writing. Any licensee aggrieved by a decision of the alcohol,gambling and tobacco commission may appeal such decision to district court as provided in Minnesota Statutes, Section 461.12, Subd. 7; (b) The following shall be good cause to revoke or suspend a tobacco license: (1) That the applicant, its managers or employees violated any ordinance or state or federal statute or regulation which relates to the sale or possession of tobacco or tobacco related devices; (2) That the applicant,its managers or employees were convicted of a crime that directly relates to the sale of tobacco or tobacco related devices and have not been rehabilitated within the meaning of Minnesota Statutes, Chapter 364; (3) That the applicant made material misstatements of fact or omissions of fact on its present or past applications; (4) A refusal by the applicant or its managers or employees to cooperate with the police in any investigation of unlawful tobacco sales; (c) If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this Chapter, the licensee shall be charged an administrative penalty set in accordance with Section 31-8 of this Code. An administrative penalty set in accordance with Section 31-8 of this Code must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation,an administrative penalty set in accordance with Section 31-8 of this Code must be imposed,and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No penalty or suspension under this paragraph shall be imposed until the licensee has been served personally by mail with notice of the alleged violation and been given an opportunity for a hearing as provided in paragraph (a)of this Section; (d) If it appears that a licensee or the licensee's employees acting under the scope of the license have sold tobacco to persons under 18 years of age or otherwise violated this Chapter on four separate occasions during any 24 month period,the alcohol,gambling and tobacco commission must set a disciplinary hearing for the licensee. If, at the hearing, it is shown that the licensee or licensee's employees did sell tobacco to persons under 18 years of age or otherwise violated this Chapter on four separate occasions in 2 a 24 month period, the alcohol, gambling and tobacco commission must revoke the license. In addition, the licensee shall be ineligible to apply for a cigarette license in the next succeeding license year; (e) An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty set in accordance with Section 31-8 of this Code. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing as provided in paragraph (a) of this Section. (Ord. No. 6577, § 7; Ord. No. 7130; Ord. No. 8971, 2-12-1990, § 5; Ord. No. 9314, 10-15-1996, § 5; Ord. No. 9406, 3-22-1999, § 2; Ord. No. 9438, 2-14-2000, § 27; Ord No. 10155, 5-29-2012, § 6.) Sec. 11-6. Same--Not required of blind person.3 No applicant for any license required of persons for the sale or manufacture of cigarettes shall be required to pay any fee to the city if such person furnishes to the city a doctor's certificate showing that such person is blind, as defined by state law. (Ord. No. 6577, § 8.) Sec. 11-7. Sales from vending machines prohibited. No person shall sell or offer for sale any tobacco or tobacco related devices from a vending machine or other mechanical device. The presence of a cigarette vending machine containing tobacco or tobacco related devices on any business premises other than that of a supplier, repairer or distributor of cigarette vending machines shall constitute prima facie evidence of such business offering for sale tobacco or tobacco related devices through the use of a vending machine. (Ord. No. 6577, 11-3-41, § 2a; Ord. No. 7195, 3-9-1959; Ord. No. 8971, 2-12-1990, §6; Ord. No. 8994, 9-6-1990, § 1; Ord. No. 9130, 3-15-1993, § 1; Ord. No. 9314, 10-15-1996, § 6; Ord. No. 10243, 9-9-2013, § 3.) Sec. 11-8. Sales to minors prohibited. (a) No person,or any clerk,servant,employee or agent of any such person,directly or indirectly, upon any pretense or by any mechanical device, shall sell,exchange, barter, dispose of or give away,to any person below the age of 18 years, any tobacco or tobacco related devices; (b) It shall be the affirmative duty of every seller of tobacco or tobacco related devices to ascertain the age of every prospective purchaser who reasonably appears to be 19 years of age or less; (c) Proof of age for purchasing tobacco or tobacco related devices may be established only by one of the following: (1) A valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) A valid military identification card issued by the United States department of defense; or (3) In the case of a foreign national,from a nation other than Canada,by a valid passport; (d) In a prosecution under this Section, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (c) in selling, bartering, furnishing, or giving the tobacco or tobacco related devices. (Ord. No. 6577, 11-3-1941, §4; Ord. No. 9314, 10-15-1996, § 7.) Sec. 11-9. Smoking by minors, possession or purchase of tobacco prohibited.4 3For state law exempting blind persons from licensing requirements, see M.S.A., §461.15. 4For state law re: warning to persons under 18 years of age against use of cigarette vending machines,see M.S.A., §325.765. As to minors using tobacco and the furnishing of tobacco to minors, see M.S.A., § 609.685. 3 (a) The smoking or use of tobacco or tobacco related devices within the city by any person below the age of 18 years is hereby prohibited. Any person of such minor age found smoking or using tobacco or tobacco related devices shall be guilty of a misdemeanor; (b) No person under 18 years of age shall possess any tobacco or tobacco related devices on his or her person; (c) No person under 18 years of age shall purchase, attempt to purchase, or conspire to have another person purchase for him or her any tobacco or tobacco related devices. (Ord. No. 6577, 11-3-1941, § 5; Ord. No. 8971, 2-12-1990, § 7; Ord. No. 9314, 10-15-1996, § 8; Ord. No. 10243, 9-9-2013, §4.) Sec. 11-10. Self-service merchandising. (a) No person shall offer for sale tobacco in open displays which are accessible to the public without the intervention of a store employee. No business establishment licensed under this Chapter shall sell tobacco in any manner except by having the licensee or an employee of the licensee physically deliver the tobacco to the customer; (b) It shall be an affirmative defense in any prosecution under this Section for the defendant to show by a preponderance of the evidence that the alleged sale of tobacco took place in an establishment licensed to sell tobacco that: (1) Holds itself out as a store that sells only tobacco and tobacco-related products; (2) Prohibits persons under 18 years of age from entering or remaining on the premises and has posted signs at the establishment's entrance informing customers that they must be at least 18 years old to enter; (3) Derives at least 90 percent of its revenues from the sale of tobacco or tobacco related products as shown by business records it keeps in the ordinary course of business. (Ord. No. 9314, 10-15-1996, § 9; Ord. No. 9406, 3-22-1999, § 3.) Sec. 11-11. Repealed by Ordinance No. 8971, 2-12-1990, § 8. 4 CHAPTER 28. HEALTH AND SANITATION. Article I. In General. §§ 28-1. to 28-16. Repealed. § 28-17. Use of carbon tetrachloride for cleaning, etc. §§ 28-18 to 28-20. Repealed § 28-21. Coverings for food peddlers' vehicles. §§28-22 to 28-23. Repealed. Article II. Repealed. §§ 28-24 to 28-29. Repealed. Article III. Repealed. §§ 28-30 to 28-48. Repealed. Article IV. Repealed. §§28-49 to 28-50. Repealed. Article V. Repealed. §§ 28-51 to 28-59. Repealed. Article VI. Mercury. § 28-60. Findings of fact and statement of purpose. § 28-61. Sale and purchase of various mercury containing devices prohibited. Article VII. Smoking in Public Places. § 28-62. Findings of fact and statement of purpose. § 28-63. Definitions. § 28-64. Ingesting a prohibited substance--prohibited in certain places. §§ 28-65 to 28-68. Repealed. § 28-69. Other applicable laws. § 28-70. Private right of action. § 28-71. Severability. § 28-72. Smoking outdoors- near medical facilities. Article VIII. Consumption of Products Labeled Not for Human Consumption. § 28-73. Findings of fact and statement of purpose. § 28-74. Other applicable laws. § 28-75. Violation and definition. § 28-76. Severability. §§ 28-77 to 28-134. Repealed. 1 Article I. In General. Secs. 28-1 to 28-16. Repealed by Ordinance. No. 10049, 9-13-2010, § 1. Sec. 28-17. Use of carbon tetrachloride for cleaning, etc. No person within the city shall engage in the business of dry cleaning with the use of the carbon tetrachloride process or the use of any process involving washing in compounds of carbon tetrachloride without first securing written permission therefor from the city. (Ord. No. 4518, § 460; Ord. No. 10049, 9-13-2010, § 2.) Secs. 28-18 to 28-20. Repealed by Ordinance No. 10049, 9-13-2010, § 3. Sec. 28-21. Coverings for food peddler's vehicles. No person shall operate or permit to be operated, within the city, any vehicle used for the sale, intended sale or display of any fruits,vegetables,produce or foodstuffs, unless such vehicle shall be provided with a covering or roof made of waterproof material and of permanent construction. (Ord. No. 5618, §463.) Sec. 28-22. Repealed by Ordinance No. 10049, 9-13-2010, § 3. Sec. 28-23. Repealed by Ordinance No. 9091, 8-24-1992, § 5. Article II. Repealed. Secs. 28-24 to 28-29. Repealed by Ordinance No. 7372. Article III. Repealed. Secs. 28-30 to 28-48. Repealed by Ordinance No. 10049, 9-13-2010. §4. Article IV. Repealed. Secs. 28-49 to 28-50. Repealed by Ordinance No. 10049, 9-13-2010, § 5. Article V. Repealed. Secs. 28-51 to 28-59. Repealed by Ordinance No. 10049, 9-13-2010, § 6. Article VI. Mercury. Sec. 28-60. Findings of fact and statement of purpose. The Duluth City Council finds that it is in the public interest to protect persons in the area from toxic mercury pollution. It further finds that the elimination of mercury containing devices such as small ther- mometers which may enter the solid waste stream is in the public interest. It also finds that enactment of an ordinance prohibiting the sale of mercury fever and basal thermometers in Duluth is consistent with the state policy on mercury expressed in Minnesota Statutes Section 116.92. (Ord. No. 9441, 3-6-2000, § 1.) Sec. 28-61. Sale and purchase of various mercury containing devices prohibited. Unless otherwise provided by state or federal law: (a) No person shall sell at retail or offer for sale at retail within the city any fever thermometer or basal thermometer containing mercury; 2 (b) No public or private school in Duluth offering kindergarten, elementary,junior high school or high school classes shall purchase bulk elemental mercury or mercury compounds for use in classrooms; (c) For purposes of this paragraph,the words"mercury sphygmomanometer"means a mercury containing device used to measure blood pressure. No person shall sell, purchase, install or reinstall a mercury sphygmomanometer within the city; (d) For the purposes of this paragraph the words "gastrointestinal devices" means a mercury containing device passed into the gastrointestinal tract commonly referred to as a Miller Abbott tube, cantor tube or bougie or as feeding tubes. Gastrointestinal devices may not be sold or purchased within the city; (e) For the purposes of this paragraph, the word "thermostat" means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. No person shall sell or install in a commercial or residential building in the city any thermostat that contains mercury; (f) For the purposes of this paragraph,the word "barometer" means a device used to measure atmospheric pressure. No person shall sell or purchase a barometer which contains mercury within the city unless such sale or purchase is required by federal regulations; (g) For the purposes of this paragraph, the word "psychrometer" means a device used to measure relative humidity. No person shall sell or purchase a psychrometer which contains mercury within the city unless such sale or purchase is required by federal regulations. (Ord. No. 9441, 3-6-2000, § 1; Ord. No. 9561, 9-23-2002, § 1.) Article VII. Smoking in Public Places. Sec. 28-62. Findings of fact and statement of purpose. (a) The Duluth City Council finds the following facts to exist: (1) Tobacco smoke is a major contributor to indoor air pollution, and breathing second hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and (2) Health hazards induced by breathing second hand smoke include,but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and (3) The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate,the exposure of nonsmokers to environmental tobacco smoke for which there is no known safe level of exposure. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-63. Definitions. For the purposes of this Article,the following words and phrases shall have the meaning hereinafter ascribed to them: (a) Central Hillside Park shall mean that property bounded by Lake Avenue, Third Street, First Avenue East and Fourth Street, commonly referred to as"Central Hillside Park"; (b) Electronic cigarette shall mean any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device. The term shall include such devices whetherthey are manufactured as electronic cigarettes,electronic cigars,electronic pipes or any other product name; (c) Kitchi Gammi Park,for the purposes of this Article only,shall mean that park located on land located between Congdon Boulevard and Lake Superior and between the Lester River and 69th Avenue East; (d) Lake Place shall mean that structure elevated over the right-of-way of Interstate Highway 35 between Lake Avenue and Fourth Avenue East containing park-like amenities; (e) Lakewalk shall mean the constructed trail surface of that recreational trail running in close proximity to Lake Superior from the Duluth Aerial Lift Bridge to 26th Avenue East and from there following the platted railroad right-of-way of the Duluth, Missabe and Iron Range Railroad to east side of the Lester River and thereafter connecting to and located in Kitchi Gammi Park; 3 (f) Leif Ericson Park shall mean that property used for park purposes located between the platted railroad right-of-way of the Duluth, Missabe and Iron Range Railroad and the shoreline of Lake Superior and between Eighth Avenue East and 13th Avenue East; (g) Medical facility shall mean any medical hospital, medical or dental clinic; (h) Prohibited substances shall mean any tobacco related product, electronic cigarette and any other substance labeled as not safe for or intended for human consumption; (i) Public place shall mean any public street, public sidewalk, public easement, publicly owned property, public park, publicly owned or operated parking lot or parking facility; (j) Smoke shall mean the gases, particles or vapors released into the atmosphere as a result of combustion, electrical ignition or vaporization of or by any prohibited substance; (k) Smoking shall mean inhaling or exhaling smoke from any instrumentality, including but not limited to any cigar, cigarette, pipe, hookah pipe or an operating electronic cigarette, or having in possession any such instrumentality producing smoke or engaging in any act that generates smoke; (I) Tobacco related products shall mean any product containing, made or derived from tobacco that is intended for human consumption,or any component, part,or accessory of a tobacco product,including but not limited to tobacco found in cigars and cigarettes, tobacco intended to be used in pipes or cigarettes, chewing tobacco, moist or dry snuff, dissolvable tobacco products and electronic cigarettes and any other product containing,made or derived from tobacco that is intended or expected to be consumed with or without being combusted but does not include any tobacco product that has been approved by the United States food and drug administration for sale as a tobacco cessation product, tobacco dependent product or for other medical purposes and is marketed and sold only for those purposes. (Added by Ord. No. 10174, 9-10-2012, § 1; Ord. No. 10242, 9-9-2013, § 1; Ord. No. 10244, 9-9-2013, § 1.) Sec. 28-64. Ingesting a prohibited substance--prohibited in certain places. (a) No person shall ingest by smoking or chewing any prohibited substance at or in any of the following locations: (1) Anywhere smoking is prohibited by the Minnesota Clean Indoor Air Act; (2) Inside any Duluth Transit Authority transit shelter; (3) Within 15 feet from the nearest point of any Duluth Transit Authority transit shelter which displays at least two signs visible from the exterior of the shelter providing notice of this prohibition,said 15 feet measured in a straight line of constant elevation; (4) Anywhere in Wade Stadium that is open to the public except in areas designated for such consumption; (5) Within 100 feet of the nearest property line of a medical facility, said 100 feet measured in a straight line of constant elevation; provided that this prohibition does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley; (6) On the Lakewalk, on Lake Place or in Leif Ericson Park; (7) Within the indoor area of any establishment with a retail tobacco license, including smoking for the purpose of sampling prohibited substances; (8) In Central Hillside Park; (c) Any person violating this Section is guilty of a petty misdemeanor or may be penalized under Chapter 12 of the Duluth City Code, 1959, as amended; (d) Signage to enforce the provisions of this ordinance shall be approved by the city of Duluth. (Added by Ord. No. 10174, 9-10-2012, § 2; Ord. No. 10241, 9-9-2013, § 1; Ord. No. 10244, 9-9-2013, § 2.) Secs. 28-65 to 28-68. Repealed by Ordinance No. 10049, 9-13-2010, § 7. Sec. 28-69. Other applicable laws. This ordinance[Article]is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statute Sec. 144.411 to 144.417,as amended from time to time. Nothing in this ordinance[Article]authorizes smoking in any location where smoking is restricted by other applicable laws. (Ord. No.9448,6-12-2000,§ 1; Ord. No. 9490, 5-29-2001, § 1.) 4 Sec. 28-70. Private right of action. In addition to the penalties provided in Section 28-64(c), any person injured by a repeated or continuing violation of the Article may bring a civil action against the proprietor or other person in charge of a public place to enjoin further violations. (Ord. No.9448,6-12-2000,§1;Ord. No.9490,5-29-2001,§ 1;Ord. No. 9611, 7-28-2003, § 28; Ord. No. 10174, 9-10-2012, § 3.) Sec. 28-71. Severability. If any portion of this ordinance [Article], or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable,and shall be given effect to the maximum extent possible. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9475, 12-21-2000, § 2; Ord. No. 9490, 5-29-2001, § 1.) Sec. 28-72. Smoking outdoors--near medical facilities. (a) Medical facility means any medical hospital, medical or dental clinic; (b) Public place means any public street, public sidewalk, public easement, publicly owned property, public park, publicly owned or operated parking lot or parking facility; (c) Smoke or smoking means the use or possession of a lighted cigar, cigarette, electronic cigarette, pipe, tobacco smoking device or any other lighted smoking equipment; (d) No person shall smoke in any public place within 100 feet of the nearest property line of a medical facility, said 100 feet measured in a straight line of constant elevation; (e) The prohibition of(d), above, does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley. (Ord. No. 9792, 9-25-2006, § 1; Ord. No. 10242, 9-9-2013, § 2.) Article VIII. Consumption of Products Labeled Not For Human Consumption. Sec. 28-73. Findings of fact and statement of purpose. (a) The Duluth City Council finds the following facts to exist: (1) The consumption of products labeled not for human consumption is a public health hazard, creates public nuisances and results in an increased need for public safety services; and (2) Health hazards associated with the consumption of these products include addiction, psychosis, strokes, anxiety, stimulation, and other physical and mental disorders; and (3) Prohibiting the consumption of products labeled not for human consumption will provide for better public health and safety. (Reused by Ord. No. 10230, 6-10-2013, § 1.) Sec. 28-74. Other applicable laws. This Article is intended to complement state and federal laws regulating products labeled not for human consumption including synthetic drugs. (Reused by Ord. No. 10230, 6-10-2013, § 1.) Sec. 28-75. Violation and definition. (a) It is a violation of this Article for any person to intentionally consume any product labeled not for human consumption; (b) It is a violation of this Article to intentionally aid another in violation of this Article; (c) For the purpose of this Article, consume or consumption shall include eating, drinking, smoking, injecting and inhalation; (d) It is not a violation of this Article if a person is acting under the written direction and supervision of a medical doctor. (Reused by Ord. No. 10230, 6-10-2013, § 1.) Sec. 28-76. Severability. 5 If any portion of this Article, or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable,and shall be given effect to the maximum extent possible. (Reused by Ord. No. 10230, 6-10-2013, § 1.) Secs. 28-77 to 28-97. Repealed by Ordinance No. 8318, 4-11-1977, § 1. Secs. 28-98 to 28-114. Repealed by Ordinance No. 7810, 8-31-1970, §4. Secs. 28-115 to 28-134. Repealed by Ordinance No. 7810, 8-31-1970, § 5. 6 REPORT 1 RECOMMENDATION ow 12.11111 ytcr„ s-4-2 E CCftP8 ri.�Y`3 I88�1 To: MAYOR& COUNCIL Agenda Item #: VIII. C. From: Scott Neal Action ❑x City Manager Discussion ❑ Date: December 17, 2013 Information ❑ Subject: Ordinance No. 2013-13 Temporarily Prohibiting Smoking Lounges And Vapor Lounges Action Requested: Adopt Ordinance No. 2013-13 including waiver of second reading. Information / Background: During the November 19 Work Session, City Council Members expressed concerns with the local regulation and regulatory authority over the use, sale and oversight of e-cigarettes. You directed me to confer with the City Attorney regarding the matter. You also asked me to direct the Community Health Committee to study the issue in order to advise the Council on future related policy. I conferred with the City Attorney and shared a draft moratorium ordinance with the City Council at the December 3 Council meeting. The moratorium, if adopted by the City Council, will temporarily prohibit the establishment of"vapor lounges" and other similar facilities that are specifically designed for the sale and use of e-cigarettes and similar products. 1 have also advised the staff to the Community Health Committee about the matter and added the subject t the committee's 2014 Work Plan. The City Attorney and 1 will provide further explanation and address questions at the December 17 Council meeting. Attachments: Ordinance No. 2013-13 City of Edina • 4801 W.50th St. • Edina, MN 55424 1 ORDINANCE NO. 2013-13 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY PROHIBITING SMOKING LOUNGES AND VAPOR LOUNGES THE CITY COUNCIL OF EDINA ORDAINS: SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall mean: E-cigarette means an electronic device that converts nicotine liquid into water vapor. The e- cigarette has three main parts: a battery, atomizer and cartridge. Smoking lounge means a location licensed to sell tobacco products where: (a) Except for a bona fide sale of a smoking device, providing or otherwise making available for use by a customer, potential customer, or any other person a smoking device for the purpose of smoking any tobacco product; (b) Providing in exchange for a fee or any other consideration seating within or access to the indoor area of a tobacco products shop; or (c) Permitting within the indoor area the sampling of any tobacco product which was not furnished by the tobacco products shop on the date and at the time the sampling occurs. Vapor lounge means a location that sells e-cigarettes where: (a) Except for a bona fide sale of e-cigarettes, providing or otherwise making available for use by a customer, potential customer, or any other person a device for the purpose of using an e-cigarette product; (b) Providing in exchange for a fee or any other consideration seating within or access to the indoor area of a shop that sells e-cigarettes; or (c) Permitting within the indoor area of a shop that sells e-cigarettes the sampling of any e-cigarette product which was not furnished by the shop on the date and at the time the sampling occurs. Official Controls means ordinances and regulations which control the physical development of the City or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. SECTION 2. BACKGROUND: The City has not adopted specific Official Controls for Smoking Lounges and Vapor Lounges. There are substantial concerns that the current City zoning ordinance does not adequately address issues relating to such uses such as the appropriate locations and the conditions under which they may be allowed within the City, including compatibility with existing uses. As a result of the important land use and zoning issues cited above, the City will conduct studies for the purpose of consideration of possible amendments to the City's official controls to address the issues concerning such uses. Ordinance No. 20I3-13 Page Two SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Edina time to complete an evaluation of Smoking Lounges and Vapor Lounges and to consider changes in the City's official controls necessary to protect the health, safety and welfare and in the interim to preserve the status quo. SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate official controls, Smoking Lounges and Vapor Lounges are prohibited. SECTION 5. EXEMPTIONS: The statutory exemption to this ordinance set forth in Minnesota Statutes §462.355, Subd. 4 is incorporated herein by reference. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall remain in effect until the date of the adoption of the official controls contemplated hereunder and the repeal of this ordinance or , 20I4,whichever occurs first. First Reading: Second Reading: Published: Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor Ely City Council Regular Meeting Minutes, October 15, 2013 1. CALL TO ORDER: The Ely City Council Regular Meeting was called to order by Mayor Petersen at 5:43 pm on October 15, 2013 at the Ely City Hall. 2. ROLL CALL: Present: Council members Debeltz, Kess,Nikkola,Omerza,Polyner, Sheddy and Mayor Petersen(7) Absent: None 3. APPROVAL OF MINUTES: Debeltz/Sheddy moved to approve the minutes from October 1,2013 Regular Meeting.Motion carried unanimously. 4. ADDITIONS OR OMISSIONS TO AGENDA: 5. MAYOR'S REPORT 6. CONSENT AGENDA: A. Motion to waive readings in entirety of all ordinances and resolutions on tonight's agenda Debeltz/Nikkola moved to approve consent agenda item A. Motion carried unanimously. 7. REQUESTS TO APPEAR: A. George Eilertson,Northland Securities,presented to the Council three scenarios for the General Obligation Capital Improvement Plan Bonds,Series 2014A to cover the costs of the City Hall renovation and building the new library. The most favorable was Scenario 3 which included the potential City contribution of$500,000 which would result in a 15 year bond term with an average annual debt service of$235,004 and a total net debt service of$3,525,062. Nikkola/Kess moved approval of Northland Securities to begin preparing documents for bonding. Motion carried unanimously. 8. COMMITTEE REPORTS: A. Nikkola/Debeltz moved approval to have the next Study Session on Wednesday,October 30, 2013 at 5:30pm instead of the regular scheduled time for Tuesday, Oct.29th. Motion carried unanimously. Clerk Langowski brought forth two items discussed at last night's Project meeting: 1.Three property owners have requested IRRRB assistance to have certain buildings on their property demolished. Omerza/Nikkola moved to approve Clerk Langowski to advertise for bids for demolition of three residential properties.Motion carried unanimously. 2. Nikkola/Omerza moved to have the West Sheridan St Place Plat and an Easement Sketch which is a separate document to allow access to the back Lot(Lot 1)through Lot 2,approved and recorded. Motion carried unanimously. Council member Omerza stated there will be no Park and Rec meeting in November. She also stated that Tony Sertich&the IRRRB Board formed a new group called the Better IRRRB Task Force. They will be having three public meetings to get input on how to make the IRRRB better. Meetings will be 4:30pm to 6:30pm on Monday,November 18,2013 at the Northeast Service Coop in Mt Iron; Tuesday,November 19,2013 at the Grand Rapids District Administrative office and Tuesday, November 26,2013 in Babbitt at the City Council Chambers. She will also be in St.Paul tomorrow meeting with the Coalition and the League discussing policy additions and ideas in preparation for the upcoming Legislative Session. 1 Ely Council Meeting Agenda,October 15,2013 9. DEPARTMENTAL REPORTS: A. Clerk-Treasurer i. EUC Consent Agenda Items: The following items of business were recommended for approval at the regular EUC meeting of Wednesday,October 9,2013: 1. Approved to continue with Wisconsin Energy Conservation Corporation for the Ely Conservation Improvement Program(CIP)for$10,050. 2. Approved in kind services at the Ely Baseball Field to install 2"water line from Pattison Street along the 1st base line to 2nd base.Ely Baseball Association will pay for all supplies and fusing. Debeltz/Nikkola moved to approve EUC consent agenda items 1 &2. Motion carried unanimously. ii. 2014 Preliminary Grant Application for CDBG&Public Works Grant Application for IRRRB for the City's 2014 Infrastructure Improvements which include the 1st Ave/Chandler Rd sewer extension and the Conan to White St Alley project for sewer and water. Nikkola/Debeltz moved to approve the 2014 CDBG preliminary grant application. The IRRRB Grant was approved at the last meeting with a Resolution. Motion carried unanimously. B. Fire Chief C. Library Director Omerza/Debeltz moved to approve Resolution 2013-035 supporting Ely Public Library to apply for Public Library Accessibility&Improvement Grant through MN Dept of Education. WHEREAS,the public library services will improve with renovation and/or expansion of an existing building or new construction for a library building and; WHEREAS,the City of Ely has title to the site and building where the Ely Public Library is located or will be located and; WHEREAS the City of Ely has determined that such construction will cost$1,499,978 and; WHEREAS the City of Ely has determined that it will need a matching grant from the Department of Education to pay for such construction and;WHEREAS the City of Ely shall provide matching funds for expenditures relating to the public library construction project in an amount at least equal to the amount of the grant from non-state sources and that such match shall be dollar-for-dollar and not matched by in-kind contributions and;WHEREAS the matching funds are any combination of(i)cash monies,(ii)legally binding commitments for money,or(iii)equivalent funds or contributions,including equity,and; WHEREAS;the source of the matching funds will be Unreserved Fund Balance(budget line 101- 25300)and;WHEREAS the City of Ely understands and agrees to adhere to the list of assurances as stated in the grant application;NOW THEREFORE BE IT RESOLVED that the City of Ely authorizes the public library director to submit a grant application totaling$608,700;and; BE IT FURTHER RESOLVED that the City of Ely shall provide any shortfall of funds should planned fund-raising not meet expectations;and;BE IT FURTHER RESOLVED that the city clerk-treasurer, mayor,public library director are authorized independently to sign and submit all applicable contracts, documents and agreements associated with the application or grant agreement on behalf of the City of Ely. Roll called: Debeltz-yes,Kess-yes,Nikkola-yes,Omerza-yes,Polyner-yes,Sheddy-yes and Mayor Petersen-yes. Motion carried unanimously. Library Director Heinrich also informed the public of the upcoming events at the Library. D. Police Chief E. City Attorney i. Nikkola/Omerza moved to approve Resolution 2013-033 declaring the buildings located at 36 E Conan St and 46 E Conan st in Ely,MN,hazardous property. WHEREAS,the City of Ely is a Municipal Corporation governed under the Charter of the City of Ely with powers vested in its City Council;and WHEREAS,the City of Ely is authorized to exercise its municipal powers for the promotion of health and safety; WHEREAS,pursuant Ely City Code Sec. 10.22, Subd.2,the existence of any structure or part thereof,which because of physical deterioration is no longer habitable or useful for any other purpose for which it may have been intended or permitted or the deterioration of which has become a hazard to the 2 Ely Council Meeting Agenda,October 15,2013 general public shall not be allowed.WHEREAS,pursuant to Minnesota Statute§463.15(3), a Hazardous Building or Hazardous Property is defined as"any building or property,which because of inadequate maintenance,dilapidation,physical damage,unsanitary condition,or abandonment,constitutes a fire hazard or a hazard to public safety or health." WHEREAS, pursuant to Minnesota Statute§463.161,the City of Ely may correct or remove the hazardous condition of any hazardous building or property within the municipality and charge against the real property the cost of such abatement; NOW,THEREFORE,the City Council of the City of Ely, finds that: (1)The buildings commonly referred to as the"Old Ford Garage" located on the real property at 36 East Conan Street and 46 East Conan Street in Ely, St.Louis County,Minnesota and legally described as Lots 9, 10, 11 and 12,Block 2,Conan's Addition to Ely are hereby deemed deteriorated buildings pursuant to Ely City Code§ 10.22. Subd.2 and a hazardous property as defined in Minnesota Statute §413.15(3). (2)The tax parcel codes for the real property are 030-0050-00150 and 030-0050-00170.The registered owner pursuant to St.Louis County tax and real property records is Conan LLC, 1923 W.Armitage Avenue, Chicago,IL 60622.The owners of Conan LLC are Victor Venturi and Susan Venturi. (3)Dennis Schilling,Building Official for the City of Ely,has received numerous complaints from neighbors regarding the condition of the real property. Mr. Schilling's has reviewed these complaints and visually inspected the real property.Mr. Schilling found the buildings are deteriorated structures pursuant to Ely City Code Sec. 10.22, Subd.2 and the buildings are unsafe structures pursuant to International Building Code Section 115.1-115.5. (4)Dennis Schilling initially contacted Mr.Venturi regarding demolition of the buildings in April of 2010.Mr. Schilling again contacted Mr.Venturi in December of 2012 regarding the hazardous condition of the buildings and requested that Mr.Venturi demolish the buildings. The City Attorney's office also sent correspondence to Mr.Venturi on August 10,2013 providing him 30 days to contact the Mr. Schilling regarding obtaining permits to improve the buildings or to demolish the buildings.Mr.Venturi has not responded to this correspondence. (5)The buildings are commercial buildings located in a residential neighborhood.The buildings have no windows or doors,no working utilities,no wiring and no plumbing. There is deteriorated brick and mortar on at least two of the building walls and some brick has completely fallen off of the building.The buildings are exposed to the elements as there is no roof on one building and only half of a roof on the other. There are also bricks falling out and deteriorated near the remaining roof trusses,which are also damaged and should be removed. One of the buildings contains fire damage and a portion of the wall is charred.The remaining roof on the building is collapsing.There is major cracking on the floors of both buildings. (6)The deficiencies of the buildings at 36 and 46 West Conan Street are a hazard and require that the buildings be razed and removed from the real property. Conan LLC shall raze and remove the building within 60 days of the execution of this Resolution. BE IT ORDERED,by the City Council of the City of Ely,that: The buildings,located at 36 and 46 West Conan Street,are hereby deemed Hazardous Buildings. Conan LLC is hereby ordered to raze and remove the buildings within 60 days of the adoption of this Resolution.Notice is hereby given to Conan LLC that the City of Ely will move the St.Louis County District Court,Sixth Judicial District,at Virginia,Minnesota for Summary Enforcement of this Order unless corrective action is taken or unless an answer is filed within 20 day pursuant to Minnesota Statute§462.393.The City of Ely will seek reimbursement for all costs incurred enforcing this Order. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Ely, Minnesota does hereby adopt this resolution. Roll called: Debeltz-yes,Kess-yes,Nikkola- yes,Omerza-yes,Polyner-yes,Sheddy-yes and Mayor Petersen-yes. Motion carried unanimously. ii. Nikkola/Omerza moved to approve Second Reading of Ordinance 280,2°a Series amending the City Code Chapter 20,listing of uncoded ordinances in effect by adding Section 20.36 declaring a temporary moratorium on the use and sampling of E- Cigarettes or similar products in public places and the sale and use of Synthetic Drugs within the City of Ely. Roll called: Debeltz-yes,Kess-yes,Nikkola-yes,Omerza-yes, Polyner-yes,Sheddy-yes and Mayor Petersen. Motion carried unanimously. 3 Ely Council Meeting Agenda,October 15,2013 iii. Debeltz/Omerza moved to approve Second Reading of Ordinance 281,2nd Series amending Chapter 20,Section 20.2 sales of land City Code of the City of Ely. Authorizing the Council of the City of Ely to sell,either in whole or in part,land in W Sheridan Place plat. Roll called: Debeltz-yes,Kess-yes,Nikkola-yes,Omerza-yes, Polyner-yes,Sheddy-yes and Mayor Petersen. Motion carried unanimously. iv. Sheddy/Omerza moved to approve First Reading of Ordinance 282,2"d Series amending Chapter 11,Section 11.41 Zoning District Schedule. The main change stated that in R-1, R-2 and RT Districts,accessory structure heights cannot exceed the height of the primary structure. Roll called: Debeltz-yes,Kess-yes,Nikkola-yes,Omerza-yes, Polyner-yes,Sheddy-yes and Mayor Petersen. Motion carried unanimously. v. Debeltz/Omerza moved approval to close the meeting at the end to discuss the purchase of Lot 3 in West Sheridan Place by Mauro Caruso. Motion carried unanimously. vi. Debeltz/Omerza moved to approve the easement request by Mr.Jay Echtenkamp, owner of Northern Lakes Co.,along the aqueduct near Shagawa Lake(Longstorff Bay) which Mr.Echtenkamp currently owns one-half interest. Kess/Omerza moved to Table the motion until Attorney Klun provides to the Council the final draft of the easement. Motion carried unanimously. F. City Engineer 10. COMMUNICATIONS: A. St Louis County notice of eliminating assessment fees for cities and townships using County Assessor services. B. Nikkola/Omerza moved for the Police Dept.to handle Lisa Fabish's request to organize a rally to suspend the wolf hunt on November 9,2013. Motion carried unanimously. C. Information regarding Local Board of Appeal and Equalization Training—Proof of Compliance 11. CLAIMS FOR PAYMENT: A. City and EUC claims for October 15,2013 -$141,092.59. Debeltz/Omerza moved to approve claims for payment A with the understanding that descriptions for some payments will be corrected. Langowski stated payment spreadsheet will be revised to show the brake down of each payment instead of only showing a lump sum. Motion carried unanimously. 12. OLD BUSINESS: A. The 2014 Proposed Preliminary Budget was discussed briefly but will be discussed further at the next Study Session. Clerk Langowski will provide to the Council a schedule of the City's callable debt. 13. NEW BUSINESS: A. Debeltz/Omerza moved to approve Partial Payment Application No. 1 -2013 C1P—Crack Repair to J&A Enterprises-$60,325.00. Motion carried unanimously. B. Omerza/Nikkola moved to approve pay estimate#4 to Utility Systems of America for 8th Ave Alley Sewer Harvey to Sheridan St—Project#12-634-$8,478.70. Motion carried unanimously. C. Nikkola/Omerza moved to approve low bid for Whiteside Park Building Improvements from Huisman Concepts for$50,098.00. In discussion,Kess stated that the City should not be putting money into the Band Shell. It was noted that some of the funds are coming from a$12,500 Culture&Tourism Grant through the Chamber of Commerce&IRRRB. Motion carried 6 to 1 with Kess abstaining. D. Nikkola/Kess moved to approve high bid for 15 Maple Trees from Jake Mather for$201.00. Motion carried unanimously. E. Omerza/Debeltz moved to approve Employee Relations Committee's recommendation to hire Tony Schaller for the Meter Reader position. Motion carried unanimously. 4 Ely Council Meeting Agenda,October 15,2013 14. OPEN FORUM Zeke Smith congratulated the Council for getting things done in the City. He also commented on the propane tank the hospital wanted to put in their green space currently used as a park. The Building Official stated that they decided to place the tank in one of the hospitals parking slots instead. 15. Nikkola/Debeltz moved to close the meeting at 7:20pm after a short recess. Motion carried unanimously. Meeting was reopened at 7:47pm. Omerza/Debeltz moved to work out purchase agreement with Mr.Caruso for sale of Lot 1 of the newly platted West Sheridan Place and to accept his offer of$15,000 now and$15,000 in two yearly payments. The City of Ely will be allowed to continue to use the pole barn for 2 years. Motion carried 6 to 1 with Kess voting "no,,. Debeltz/Nikkola moved to adjourn the meeting at 7:50pm. Motion carried unanimously. Claire Huisman Deputy Clerk 5 CITY OF HERMANTOWN CITY COUNCIL MEETING September 16, 2013 6:30 p.m. Pledge of Allegiance ROLL CALL: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher; John Mulder, City Administrator;Debbie Lund, City Clerk; Arlene Tucker,Finance Director; Jim Crace, Chief of Police; Adam Fulton, Community Development Director; Steve Overom, City Attorney; David Salo, City Engineer ABSENT: Dean Sharpe, City Superintendent VISITORS: 17 PUBLIC HEARING ON WATER IMPROVEMENT NO. 314R MILLER TRUNK HIGHWAY NOTICE IS HEREBY GIVEN that the City Council will meet at 6:30 p.m. on Monday, September 16, 2013 at the Administrative Services Building, 5105 Maple Grove Road, Hermantown, Minnesota to consider the proposed schedule of availability charges for the construction of Water Improvement District No. 314R("Project"). The proposed schedule of availability charges is on file for public inspection at the office of the City Clerk in the Administrative Services Building, 5105 Maple Grove Road, Hermantown, Minnesota. Letters were mailed to the following: Jim Curtis 4985 Miller Trunk Hwy John McDonald 5488 Miller Trunk Hwy Patrick McDonald 4471 Schultz Rd Duluth, MN 55803 Ida Nelson 4337 LaVaque Road Arthur Usan P.O. Box 3573 Duluth, MN 55803 Eric Hoglund 5433 Miller Trunk Hwy Myron McDonald 5480 Miller Trunk Hwy Karl Miketin 231 W. Winona Duluth, MN 55803 Pelto Properties, LLC 4621 Lindahl Road City Council Meeting September 16, 2013 Page 12 The Public Hearing held Monday, September 16, 2013 regarding Water Improvement District No. 314R Miller Trunk Highway has been recorded, however, has not been transcribed. 2013-87 Resolution Adopting Schedule Of Availability Charges For Water Improvement District No. 314R Miller Trunk Highway Motion made by Councilor Tafs, seconded by Councilor Geissler to adopt Resolution 2013-87, Resolution Adopting Schedule Of Availability Charges For Water Improvement District No. 314R Miller Trunk Highway. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. Public Hearing recessed at 6:32 p.m. MINUTES Motion made by Councilor Koski, seconded by Councilor Geissler to approve the August 19, 2013 City Council Continuation Minutes. Motion carried. PUBLIC DISCUSSION SUMMARY Dan Urshan, Hawk Pride—I want to thank you for allowing us to come before you today. This is a very important issue and I appreciate you taking extra time to get up to speed, if that is the case on this issue. A lot questions out there. With me tonight is Blaine Peterson, a Hermantown resident, Director of Operations at the Duluth International Airport Authority and he just got done overseeing the building project at the airport. Also with us tonight is Superintendent Brad Johnson, Laura Thorsvik from the School Board, Stephanie Hamell, School Board and other Hawk Pride members. Basically tonight we are going to introduce Hawk Pride and our purpose, share with you some community driven facilities process, educate on the need and the facilities plan, describe how the plan meets the community needs and then provide information on how you can learn more and get involved. Hawk Pride is basically a group of parents, students, teachers, staff,business people, retirees, concerned residents basically a cross section of this entire community. Our goal is really to educate, communicate and build support for improvement of our school facilities. Our goal is to provide accurate information and reach out within the community and we are going to do that through community presentations such as this. We have been to Canosia Township, Fredenberg Township, the Fredenberg Fire Department and we plan to make stops at the Hermantown Fire Department, any group that wants information we will go to. We have also been a part of Harvestfest, we will work on going door to door, we will have paid advertising, public relations, news stores, email, social media, we are going to do what we can to get the word out on this referendum coming up on November 5, 2013. Blaine Peterson, Hawk Pride—I have been a part of this for about a year or so and what we looked at was mainly the concerns with the current facility. I think we have been hearing about that quite a bit and we can't continue to patch and repair as we have been doing in the past because the need is just too great. One thing we need to keep in mind is our children are at risk as society has changed we've all heard out the shootings and that kind of stuff, we know there are some security risks, we need to do something in the future to make sure we keep our kids safe. Investment in our schools, investment in our community you have all been hearing that. People choose to live in Hermantown, I chose to live in Hermantown for this very reason,because of the quality schools and education here in Hermantown. Our property here holds high value because of what we have here, we have great schools, great employment opportunities, we have to keep that in mind. As schools deteriorate it becomes less of a selling point to live here in City Council Meeting September 16, 2013 Page 13 Hermantown so thus our property values will keep decreasing. One of the things we see here, there are pictures in front of you we all heard this in December 2 years back we had the roof fall down. Another picture shows all the water that gets down into the basement where the heating/cooling facilities are for the middle school. This has been a problem for numerous years and as you can see the mold on the back of the wall and the door is deteriorated. So what do we do?Process, in 2009 we had an attempted referendum and one of the things we heard clearly is that the community wasn't involved so we had some ideation sessions we went out into the community, Fredenberg, etc. and asked what do you as taxpayers want to see in your schools. So we brought all of that back. We had Johnson Controls (JCI)help us compile this information because the group of volunteers, we had nearly 200 people in the community volunteer their time and dedication coming forward and saying what do you want to do in our schools? Those folks don't have the expertise to put all that information together. We did rely on JCI to help out with that. We did an assessment, on the next slide we had a group of folks that shows all from different area organizations and expertise that we have in the area that looked at our schools, what do we need to do, what is failing, what is not failing, how much is that going to cost to get it fixed?Our educational needs statement, educational size, science labs and that kind of stuff. Options, to develop different options and that's where the different committees were involved at and said what kind of options can we come up with. Another thing we heard at the first referendum was more or less this is your choice there was not any other opportunity to vote on it to see what else we can do. This time, we had the community consensus brought forth to the board. Here is our consensus statement from each one of the committees. We had four committees, one was finance, we had a technology and education committee, education piece the people who actually teach the kids we need their input as well, ideation facilities and physical environment which is the one I was involved with and that is taking a look of the actual structures and a communication and outreach committee. Some of the key data, demographics what is the actual space needs of that area?There were fourteen sessions as well, all of them were saying what do they want, what do they need?Number one is a healthy environment to teach and learn in, what are the future needs in technology as well?Easily integrate technology and adequate funding for operations if you build it you have to make sure that some of that money that we use to build will also be saved by not having to reinvest it in keeping that building up. There is elsewhere we can use the money such as music, some of those extracurricular activities. Improve efficiency and safety and security. Another thing we looked at is how we compare the educational standards of today. We are not meeting what the state guide lines are; even though it is a fairly new high school we still have a lot of areas that do not meet the standards. The middle school built in the 1930's has been hodge podged together and does not meet state requirements. The one good thing that we have is the elementary school. One of the key things we took away from this is what if we take the high school and make that the middle school. We had fifteen companies come in and look at each of the schools as far as space,parking lots, sidewalks, windows, and that kind of stuff. They put together a report and we wanted to make sure this report was just not a sales tactic, we had Krause Anderson come in a do a third party review and make an assessment and they said the numbers were good and valid. Our committees have thoroughly reviewed each one of these assessments and prioritized what is needed immediately. We narrowed the plans down to one and presented it to the Hermantown School Board on April 22, 2013. The old middle school was recommended to be torn down and make that space into green space to be utilized in the future. City Council Meeting September 16, 2013 Page 14 One the state guidelines is as you approach 60%of value of that building, so in other words, if it takes 70%of your money to repair or rehabilitate the building it doesn't make sense to continue to invest in it. So what the state said is maybe it is smarter to rebuild. What's the plan; to dispose of the middle school which was built in 1937 to avoid costly improvements in a school that has safety and air quality issues? We need to repurpose the high school into the middle school and expand the middle school to include the PreK—4th grade and to build a high school that meets todays current state guidelines and reuse the current equipment and furniture. Mr. Peterson explained further on ways to save the community money and yet get the Elementary, Middle and High School to meet state guidelines. Dan Urshan, Hawk Pride—The finance committee which I was a part of took the plan of$58 million that was presented to us and we pared it down to $48.9 million. This plan is approximately$10 million less than the 2009 plan and of course we have low interest rates right now. If we look at the differences between the two plans I want spend a little bit of time on the financial component. The tax impact on a $200,000 home is 19%less than it was in the referendum of 2009. A$200,000 home in Hermantown tax increase is approximately$380 a year, $32 dollars a month paid over 25 years. We did take a very conservative approach on the tax growth and on the growth of the community, we projected a 1%increase over the 25 years in 2009 they projected a 2%increase so the finance committee took a very conservative stand on these numbers. We wanted to make sure we under promised and over delivered. The plan was submitted to the Minnesota Department of Education for review and comment and we did hear today and it was approved. The Board approved a resolution in August of 2013 that should the facilities referendum pass it will be a competitive request for proposal process for implementing the plan. It will be an open and transparent plan for Phase III of the project. Councilor Geissler asked about the moving of the Early Childhood. Dan stated it is part of a long range plan,but the Early Childhood would not be done through the bond referendum. Dan left a"Frequently Asked Questions"pamphlet with the Council. Pamela Brown, 5191 Country Lane—Mrs. Brown read a letter to the Council regarding her concerns with Sewer Improvement District No. 442. Some of the concerns she spoke about included a lack of checks and balances regarding separation of duties, road standards, adequate insurance, enforced safety, a clearly defined privacy policy, and other issues. Mrs. Brown submitted the letter to the City Clerk which has been placed on file. Thomas Brown, 5191 Country Lane—Mr. Brown read a letter to the Council regarding his concerns with Sewer Improvement District No. 442. Some of his concerns are with the E-pump, width and depth of the road, and checks and balances with regard to the engineering process. Mr. Brown submitted the letter to the City Clerk which has been placed on file. COUNCIL MEMBERS REPORT Councilor Geissler—Mr. Mulder is there anything you can update Mr. Jampsa with on the junk yard located at the corner of Ugstad and Hermantown Roads. John Mulder stated we have looked at that issue a couple of different times over the last couple of months and have talked about the issue of it being a non-conforming zoning use and the fact that it was grandfathered in because it pre-existed the adoption of the zoning code. The problem we have here is as long as it continues to operate and it is difficult to determine because at times there is various commercial activity there. As long as that is continuing it is hard for us to say okay this is no longer a grandfathered use of the land. City Council Meeting September 16, 2013 Page 15 Councilor Koski—I want to give you an update on Harvestfest. It was a huge success, we had 1500 people attend. The Historical Society thanks the city for all the help given. Councilor Nelson—No report Councilor Tafs—No report Mayor Boucher—I would like to thank the members of Hawk Pride that showed up tonight to give us their presentation, everyone has put a lot of hard work into this and a lot of thought to come up with a very good product. Although I cannot speak for the Council as a whole or the city I want you to know I personally support what you are doing and your initiative. I also would like to point out that tonight in the City of Proctor the Mayor of Proctor is conducting their city council meeting wearing a Hermantown Hawks jersey as a result of him losing the bet on the hammer game. CITY ADMINISTRATOR REPORT John Mulder, City Administrator—You have in front of you tonight a preliminary general fund budget. You need to adopt this and set the public hearing date for the Truth In Taxation on December 2nd and that is when we will adopt the budget. We will continue to work on this budget, it is a work in progress, the proposed tax levy right now is at 3%increase and that is the levy limit that was imposed by the state that we are under for the 2014 budget. Also, our current budget as it stands right now is not in balance, we need to cut about $58,000 to get to that 3%increase. Expenditures are up approximately 5%and we need to cut another $58,000 to get to 3%. Having said that,there are a number of areas where we waiting for some additional information from the County and a couple of other areas that we know of that between now and the December meeting we'll have better information to make adjustments. Tonight you need to adopt the resolution regarding the preliminary levy and setting the Truth and Taxation hearing. Included in the packet is the impact on some typical homes, a comparison from the 2013 budget and the five year comparison on revenues. I did expenditures by department and by category to give you a sense of what it is and we also provided you the line items for the general fund budget. DEPARTMENT HEADS REPORT Debbie Lund, City Clerk—No report Arlene Tucker, Finance Director—No report Dean Sharpe, City Superintendent—Absent Jim Crace, Chief of Police—It has been really busy in the Police Department, without giving any specifics. With school starting it has been a very smooth transition for the Police Department and there haven't been any issues with school getting back in session and the liaison officer is back up at the school. Adam Fulton, Community Development Director—We will have the annual meeting for the city's municipal storm water system before the Council meeting on November 4th City Council Meeting September 16, 2013 Page 16 David Salo, City Engineer—I think the comments that Tom Brown made were a gross exaggeration of the fees for the engineering on this project. I would have to discount a lot of his credibility on what was said, knowing that he could easily research those fees and make that kind of exaggeration, what other exaggeration with the rest of his statements. COMMUNICATIONS Communications 2013-263 through 2013-278 were read and placed on file. Communication 2013-271 from St. Louis County Assessor's Office to Mayor Wayne Boucher regarding Board of Appeals &Equalization Communication 2013-273 from Karlyne M. Holm, 3647 Haines Rd regarding Handicap Door Accessibility Communication 2013-276 from Brad Mickelson, CPA to John Mulder, City Administrator regarding Financial Statements for the Years ended 2012 &2013 Hermantown Volunteer Fire Department Communication 2013-277 from Utility Commission to City Council regarding Anderson Road Water& Sewer Petition ACCOUNTS PAYABLE Vouchers 48948 through and including 49012 in the amount of$362,120.91 and vouchers 49013 through and including 49076 in the amount of$209,754.88 were read. Motion made by Councilor Koski, seconded by Councilor Geissler to approve general city warrants from August 16, 2013 through August 31,2013 in the amount of$362,120.91 and September 1, 2013 through September 12, 2013 in the amount of$209,754.88. Roll Call: Councilors Geissler, Koski,Nelson, Tafs, Mayor Boucher, aye. Motion carried. ORDINANCES 2013-07 An Ordinance Amending Chapter 7, By Adding Section 797—Panhandling The Second Reading was held on Ordinance 2013-07, An Ordinance Amending Chapter 7, By Adding Section 797-Panhandling. Motion made by Councilor Tafs, seconded by Councilor Nelson to adopt Ordinance 2013-07, An Ordinance Amending Chapter 7, By Adding Section 797—Panhandling. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-08 An Ordinance Amending Chapter7, By Adding Section 798—Disorderly Conduct The Second Reading was held on Ordinance 2013-08, An Ordinance Amending Chapter 7, By Adding Section 798—Disorderly Conduct. Motion made by Councilor Tafs, seconded by Councilor Geissler to adopt Ordinance 2013-08, An Ordinance Amending Chapter 7, By Adding Section 798—Disorderly Conduct. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. City Council Meeting September 16, 2013 Page 17 2013-09 An Ordinance Declaring A Temporary Moratorium On The Sale Or Indoor Use Of E- Cigarettes Or Similar Products Within The City Of Hermantown Motion made by Councilor Tafs, seconded by Councilor Geissler to adopt Ordinance 2013-09, An Ordinance Declaring A Temporary Moratorium On The Sale Or Indoor Use Of E-Cigarettes Or Similar Products Within The City Of Hermantown. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. RESOLUTIONS 2013-81 Resolution Approving The City Of Hermantown Minnesota Government Data Practices Act City Hall Procedures Motion made by Councilor Koski, seconded by Councilor Geissler to adopt Resolution 2013-81, Resolution Approving The City Of Hermantown Minnesota Government Data Practices Act City Hall Procedures. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-82 Resolution Approving The City Of Hermantown Minnesota Government Data Practices Act Police Department Procedures Motion made by Councilor Tafs, seconded by Councilor Nelson to adopt Resolution 2013-82, Resolution Approving The City Of Hermantown Minnesota Government Data Practices Act Police Department Procedures. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-88 Resolution Approving Application Of Assessment Roll Number 426A-1 For Deferral Of Assessment Against Their Property For The Construction Of Sewer Improvement District No. 426 ("Hardship Deferral") Motion made by Councilor Tafs, seconded by Councilor Geissler to adopt Resolution 2013-88, Resolution Approving Application Of Assessment Roll Number 426A-1 For Deferral Of Assessment Against Their Property For The Construction Of Sewer Improvement District No. 426 ("Hardship Deferral"). Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-89 Resolution Authorizing And Directing Mayor And City Clerk To Execute And Deliver Agreement For Professional Services With WIPFLI(Audit Services) Motion made by Councilor Koski, seconded by Councilor Nelson to adopt Resolution 2013-89, Resolution Authorizing And Directing Mayor And City Clerk To Execute And Deliver Agreement For Professional Services With WIPFLI(Audit Services). Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-90 Resolution To Adopt The Proposed Property Tax And Proposed Budget For Taxes Payable In 2014 And Scheduling The Truth In Taxation Hearing Motion made by Councilor Tafs, seconded by Councilor Nelson to adopt Resolution 2013-90, Resolution To Adopt The Proposed Property Tax And Proposed Budget For Taxes Payable In 2014 And Scheduling The Truth In Taxation Hearing for Monday, December 3, 2013 at 6:30 p.m. Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. City Council Meeting September 16, 2013 Page 18 2013-91 Resolution Directing Preparation Of Preliminary Engineering Feasibility Report For Sewer Improvement District No. 444 And Water Improvement District No. 315 Anderson Road(From Getchell Road West) Motion made by Councilor Koski, seconded by Councilor Geissler to adopt Resolution 2013-91, Resolution Directing Preparation Of Preliminary Engineering Feasibility Report For Sewer Improvement District No. 444 And Water Improvement District No. 315 Anderson Road(From Getchell Road West). Roll Call: Councilors Geissler, Koski,Nelson, Tafs,Mayor Boucher, aye. Motion carried. 2013-92 Resolution Authorizing And Directing The Mayor To Execute Final Compensating Change Order Number Three(3)For Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road, &Country Acres)In The Decreased Amount Of ($7,227.37) Motion made by Councilor Koski, seconded by Councilor Nelson to table Resolution 2013-92, Resolution Authorizing And Directing The Mayor To Execute Final Compensating Change Order Number Three(3) For Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road& Country Acres)In The Decreased Amount Of($7,227.37)to October 7, 2013 meeting. Councilor Geissler abstain. Motion carried. 2013-93 Resolution Authorizing And Directing The Mayor To Execute Final Compensating Change Order Number Two(2)For Sewer Improvement District No. 442 (Hermantown Road) In The Amount Of$11,013.98 Motion made by Councilor Nelson, seconded by Councilor Koski to table Resolution 2013-93, Resolution Authorizing And Directing The Mayor To Execute Final Compensating Change Order Number Two(2) For Sewer Improvement District No. 442 (Hermantown Road) In The Amount Of$11,013.98 to October 7, 2013 meeting. Councilor Geissler, abstain. Motion carried. 2013-94 Resolution Declaring Cost To Be Assessed And Ordering Preparation Of Proposed Assessment Roll For Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road, Country Acres &Hermantown Road) Motion made by Councilor Tafs, seconded by Councilor Nelson to adopt Resolution 2013-94, Resolution Declaring Cost To Be Assessed And Ordering Preparation Of Proposed Assessment Roll For Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road, Country Acres &Hermantown Road). Roll Call: Councilors Koski,Nelson, Tafs, Mayor Boucher, aye. Councilor Geissler, abstain. Motion carried. 2013-95 Resolution Receiving Proposed Assessment Roll For The Construction Of Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road, Country Acres & Hermantown Road)And Ordering Hearing Thereon Motion made by Councilor Nelson, seconded by Councilor Tafs to adopt Resolution 2013-95, Resolution Receiving Proposed Assessment Roll For The Construction Of Sewer Improvement District No. 442 (LaVaque Road, Morris Thomas Road, Country Acres &Hermantown Road)with public hearing scheduled for Monday, October 7, 2013 at 6:30 p.m. Roll Call: Councilors Koski,Nelson, Tafs,Mayor Boucher, aye. Councilor Geissler, abstain. Motion carried. City Council Meeting September 16, 2013 Page 9 CITY ATTORNEY REPORT Steve Overom, City Attorney—No report Mayor Boucher thanked Neil Witikko for running the video equipment. Motion made by Councilor Nelson, seconded by Councilor Geissler to recess meeting at 7:34 p.m. Motion carried. Mayor ATTEST: Clerk C l City Clerk CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members From: Kris Luedke, City Clerk Copy: Mike Mornson, City Manager Date: October 15,2013 Subject: Second Reading of Ordinance 2013-1068 Staff recommends that the Council approve the following motion: Approve Ordinance 2013- 1068 establishing a moratorium on the sale of e-cigarettes. There have been no changes in this ordinance since the first reading. Attachments: Ordinance 2013-1068 Summary of Ordinance 2013-1068 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2013-1068 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND RESTRICTING THE USE AND SALE OF E-CIGARETTES AND RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings: 1.01 The City Council has the power to adopt ordinances to provide for the government and good order of the city, the prevention of crime, the protection of public and private property, the benefit of trade and commerce, and the promotion of health, safety, order, convenience, and the general welfare. 1.02 Minnesota law gives cities the legal authority to regulate tobacco and tobacco related devices and the City of Hopkins has elected to regulate tobacco products. 1.03 Electronic cigarettes, commonly known as e-cigarettes, and other similar devices provide new methods for nicotine delivery that do not involve burning tobacco. E-cigarettes heat a liquid infused with nicotine and other unknown ingredients and the vapor is inhaled like tobacco smoke. Frequently, e-cigarettes and the liquid products are sold at locations where customers are permitted to "sample"the products on site before purchasing them. 1.04 The FDA and the State of Minnesota have classified e-cigarettes as "tobacco products." There remain questions regarding this classification and the possible health effects of these products. 1.05 The State of Minnesota's only current regulation is to prohibit the sale of e-cigarettes to persons less than 18 years of age. The level of regulation varies widely among Minnesota cities. Some cities have simply treated the sale of e-cigarettes the same as any other tobacco product. Other cities have sought to ban their use in all public places. Some cities have no regulation at all. Hopkins currently permits the sale of e-cigarettes only in establishments licensed to sell tobacco products. Hopkins has no regulation regarding the use of e-cigarettes. 1.06 Therefore, the City Council finds that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to insure that the City and its citizens retain the benefits of the City's zoning ordinance while City staff completes such a study. The City Council also finds that there is a need to restrict the sale of e-cigarettes to current levels and locations and to not expand such sales until a study has been completed and any modifications to the City's regulations have been adopted. Therefore, it is not the intent of this ordinance to prohibit any business that has a license to sell tobacco at its current location and is operating lawfully and in accordance with all state, federal and municipal regulations at the time of the adoption of this ordinance from continuing to sell e-cigarettes at that location but rather to maintain the status quo during the pendency of the planning study. In addition, the City Council finds that there is a need to restrict "sampling" of e-cigarette products to locations where the only products sold are e-cigarettes and the liquids used in them. Ordinance No. 2013-1068 -2- 1.07 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the Planning Study is being conducted. Section 2. Planning and Zoning Study/Moratorium. 2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to amend the City's Existing Ordinances, Regulations and Official Controls or adopt new ordinances relating the use of e-cigarettes and similar devices. The scope of the study should include,but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses and the specific conditions which should be applicable to the sale and use of e-cigarettes as a conditional use; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; d. the need, if any, for modifications to the City's official controls or licensing regulations regarding such uses; and the effect of e-cigarette sellers' proximity to residential areas, schools, churches, cultural institutions, parks and playgrounds on the health and welfare of the citizens of Hopkins, especially the young. Section 3. Moratorium. A moratorium is hereby adopted and enacted prohibiting the creation, establishment or operation of any business in the City of Hopkins which sells e-cigarettes or the liquid products used in them other than those businesses which have current valid tobacco licenses as of the effective date of this Ordinance. Further, a moratorium is hereby adopted and enacted prohibiting any business currently licensed to sell tobacco which also sells e-cigarettes from allowing on-site sampling of e-cigarettes and related products except such licensees that sell only e-cigarettes and the liquids used in them. This moratorium shall not prohibit license renewals of current license holders at their current locations. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the Planning Study and the review of the completed Planning Study by the City Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the date that is one year after the effective date of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications to the City's Ordinances,Regulations and Official Controls. Section 4. Enforcement. The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy, including, but not limited to, remedies and enforcement procedures provided in the statutes of the State of Minnesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction. Ordinance No. 2013-1068 -3- Section 5. Severability. Every section, provision or part of this Interim Ordinance is declared severable from every other section, provision or part, and if any portion of this Interim Ordinance is held invalid or unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part of this Interim Ordinance. Section 6. Effective Date. This Interim Ordinance shall be effective the day of its publication. First Reading: October 1,2013 Second Reading: October 15,2013 Date of Publication: October 24,2013 By: Eugene J. Maxwell,Mayor ATTEST: Kristine Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date CITY OF HOPKINS COUNTY OF HENNEPIN SUMMARY OF ORDINANCE NO. 2013-1068 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH,SAFETY AND WELFARE OF CITY RESIDENTS; AND RESTRICTING THE USE AND SALE OF E-CIGARETTES AND RELATED PRODUCTS Summary: A moratorium is hereby adopted and enacted prohibiting the creation, establishment or operation of any business in the City of Hopkins which sells e-cigarettes or the liquid products used in them other than those businesses which have current valid tobacco licenses as of the effective date of this Ordinance. Further, a moratorium is hereby adopted and enacted prohibiting any business currently licensed to sell tobacco which also sells e-cigarettes from allowing on-site sampling of e-cigarettes and related products except such licensees that sell only e-cigarettes and the liquids used in them. This moratorium shall not prohibit license renewals of current license holders at their current locations. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the Planning Study and the review of the completed Planning Study by the City Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the date that is one year after the effective date of this Interim Ordinance, or such earlier date as may hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications to the City's Ordinances, Regulations and Official Controls. Effective Date: This ordinance shall take effect upon publication. A full copy of the text of this ordinance is available from the City Clerk. /s/Eugene Maxwell, Mayor Attest: /s/Kristine Luedke, City Clerk Published in the Sun Sailor: October 24, 2013 12/23/13 Sterling Codifiers,Inc. Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. CITY OF MENDOTA HEIGHTS Dakota County, Minnesota Ordinance No.458 AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 THE CITY CODE, TOBACCO SALES The City Council of the City of Mendota Heights ordains as follows: Section 1. City Code Title 3, Chapter 2, Tobacco Sales is deleted in its entirety and amended and restated as follows: 3-2-1: PURPOSE: Because the city recognizes that many persons under the age of eighteen(18) years purchase or otherwise obtain, possess and use tobacco,tobacco products,tobacco-related devices and nicotine or lobelia delivery devices,and such sales,possession and use are violations of both state and federal laws; and because studies,which the city hereby accepts and adopts,have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less rely to begin smoking; and because smoking has been shown to be the cause of several severe health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the sale,possession and use of tobacco,tobacco products,tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco,tobacco products,tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minnesota statutes section 144.391 Public Policy. 3-2-2: DEFINITIONS AND INTERPRETATION: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular; the masculine shall include the feminine and vice versa; the term"shall"means mandatory and the term"may"means permissive. The following terms shall have the definitions given to them: COMPLIANCE CHECKS: The system the city uses to investigate and ensure that those authorized to sell tobacco,tobacco products,tobacco-related devices,and nicotine or lobelia delivery devices are following and complying with the requirements of this chapter. Compliance checks shall involve the use of minors as authorized by this chapter. Compliance checks shall also mean the use of minors who attempt to purchase tobacco,tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices for educational,research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products,tobacco-related devices,and nicotine or lobelia delivery devices. INDIVIDUALLY PACKAGED: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered"individually packaged". INDOOR AREA: All space between a floor and a ceiling that is bounded by walls, doorways,or windows, whether open or closed,covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier,whether temporary or permanent. www.sterlingcodifiers.com/codebook/indexphp?book id=668 1/6 12/23/13 Sterling Codifiers,Inc. LOOSIES:The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term"loosies" does not include individual cigars with a retail price,before any sales taxes, of more than$2.00 per cigar; this amount shall be change periodically by City Council Resolution. MINOR:Any person who has not yet reached the age of eighteen(18) years. MOVEABLE PLACE OF BUSINESS:Any form of business operated out of a truck,van,automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. NICOTINE OR LOBELIA DELIVERY DEVICES:Any product containing or delivering nicotine or lobelia intended for human consumption,or any part of such a product,that is not tobacco as defined in this section,not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation,harm reduction,or for other medical purposes, and is being marketed and sold solely for that approved purpose. RETAIL ESTABLISHMENT:Any place of business where tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores,restaurants, and drug stores. SELF-SERVICE MERCHANDISING:Open displays of tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco,tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices,without the assistance or intervention of the licensee or the licensee's employee. Such assistance or intervention shall involve the actual physical exchange of the tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery devices between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. "Self-service merchandising"shall not include vending machines. SMOKING: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. TOBACCO OR TOBACCO PRODUCTS: Tobacco and tobacco products includes cigarettes and any product containing,made,or derived from tobacco that is intended for human consumption,whether chewed, smoked, absorbed, dissolved,inhaled, snorted, sniffed,or ingested by any other means, or any component,part, or accessory of a tobacco product; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated,plug cut, crimp cut,ready rubbed, and other smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,cuttings, and sweepings of tobacco, and other kinds or forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO-RELATED DEVICES:Tobacco-related devices include any tobacco product as well as a pipe,rolling papers,or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing,or smoking of tobacco or tobacco products. VENDING MACHINE:Any mechanical,electric or electronic,or other type of self-service device which,upon the insertion of money,tokens or other form of payment, dispenses the tobacco,tobacco product or tobacco-related device electric or electronic locking. 3-2-3: LICENSE: A. License required. No person shall sell or offer to sell any tobacco,tobacco products or tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the city clerk or other such city office which the city council may from time to time designate to carry out the duties of the city clerk set forth in this chapter. B. Application. An application for a license to sell tobacco,tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant,the applicant's residential and business addresses and telephone numbers,the name of the business for which the license is sought, and any additional information the city www.sterlingcodifiers.con/codebook/indexphp?book id=668 2/6 12/23/13 Sterling Codifiers,Inc. deems necessary. Upon receipt of a completed application,the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete,he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license,the City Clerk shall issue the license to the applicant. If the City Council denies the license,notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. D. Term. All licenses issued under this section shall be valid for one calendar year from the date of issue. E. Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in this chapter. F. Transfers. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. G. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed property. I. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. J. Issuance as privilege and not a right. The issuance of a license under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. K. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco,tobacco products,tobacco-related devices, and nicotine or lobelia delivery device is prohibited. L. Smoking of e-cigarettes is prohibited in any area that Minnesota State Statute restricts the smoking of tobacco products with the exception of businesses licensed to sell alcohol(or licensed to allow e- cigarettes.) 3-2-4: LICENSE FEE: No license shall be issued under this chapter until the appropriate license fee is paid in full The license fee will not be prorated for any applicants. The fee for a license under this chapter shall be set in accordance with a fee schedule adopted by the city council. 3-2-5: GROUNDS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this chapter. The following list is not exhaustive or exclusive: A. The applicant is under the age of eighteen(18) years. B. The applicant has been convicted within the past five years of any violation of a federal, state,or local law, ordinance provision,or other regulation relating to tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices. C. The applicant or license holder has had a license to sell tobacco,tobacco products or tobacco related devices revoked within the preceding twelve (12) months of the date of application or is subject to penalties under section 3- 2-12 of this chapter. D. The applicant or license holder fails to provide any of the information required on the application or provides false or misleading information. E. The applicant or license holder is prohibited by federal, state or other local law, ordinance or regulation from holding such a license. F. The applicant or license holder has outstanding fines,penalties,or property taxes owed to the city. www.sterlingcodifiers.com/codebook/indexphp?book id=668 3/6 12/23/13 Sterling Codifiers,Inc. 3-2-6: PROHIBITED SALES; ILLEGAL ACTS: A. Sales Prohibited: 1. It shall be a violation of this chapter for any person to sell,offer for sale,give away, 2. furnish or otherwise deliver tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices: 3. a. To any person under the age of eighteen(18) years. b. By means of any type of vending machine. c. By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco,tobacco product,tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device between the licensee or the licensee's employee, and the customer. All tobacco, tobacco products,tobacco-related devices, and nicotine or lobelia delivery devices shall be stored behind the counter. d. By means of"loosies"as defined in section 3-2-2 of this chapter. e. f. Containing opium,morphine,jimson weed,bella donna, strychnos, cocaine,marijuana,or other deleterious,hallucinogenic,toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. g• h. By any other means,to any other person, in any other manner or form prohibited by federal, state or other local law, ordinance provision or other regulation. B. Illegal Acts:Unless otherwise provided,the following acts shall be violations of this chapter: 1. Sales:For any person to sell or otherwise provide any tobacco,tobacco product,tobacco-related device, or nicotine or lobelia delivery device to a minor. 2. 3. Possession: For any minor to have in his or her possession any tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device. This subsection shall not apply to minors lawfully involved in a compliance check. 4. 5. Use:For any minor to smoke, chew, sniff or otherwise use any tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device. 6. Procurement:For any minor to purchase or attempt to purchase or otherwise obtain any tobacco,tobacco product,tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device. This subsection shall not apply to minors lawfully involved in compliance checks. 7. 8. False Identification:For any minor to attempt to disguise his or her true age by the use of a false form of identification,whether the identification is that of another person or one on which the age of the person has been modified or tampered with,to represent an age older than the actual age of the person. 9. 10. Smoking:Notwithstanding any exceptions for tobacco products shops as set forth in the Minnesota Clean Indoor Air Act,no licensee shall directly or indirectly permit smoking in the licensed premises. All licensees under this section shall be responsible for the actions of their employees and patrons in regard to any smoking in the licensed premises. www.sterlingcodifiers.conicodebook/indexphp?book id=668 4/6 12/23/13 Sterling Codifiers,Inc. 3-2-7: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to allow the sale of tobacco,tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco,tobacco product,tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco,tobacco products,tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. New retailers selling tobacco commencing business after the effective date hereof shall comply with this section immediately. 3-2-8: RESPONSIBILITY FOR EMPLOYEES: All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco,tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices on the licensed premises and the sale of such an item by an employee shall be considered a sale by the license holder. 3-2-9: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by city officials during regular business hours. From time to time, but at least once per year, a Mendota Heights police officer or other city employee as designated by the city council shall conduct compliance checks to ensure compliance with the provisions of this chapter. Such compliance checks shall utilize,with the written consent of their parents or guardians,minors over the age of fifteen(15) years but less than eighteen(18) years,to enter the licensed premises to attempt to purchase tobacco,tobacco products,tobacco- related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase or the unlawful possession of tobacco, tobacco products,tobacco-related devices,or nicotine or lobelia delivery devices when such items are obtained as part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other compliance checks authorized by state or federal laws for educational,research or training purposes or required for the enforcement of a particular state or federal law. 3-2-10: CIVIL ENFORCEMENT: The license holder shall be responsible for the conduct of its agents or employees while they are on the licensed premises. Any violation of this chapter shall be considered an act of the license holder for purposes of imposing a civil penalty,license suspension or revocation. Each violation,and every day in which a violation occurs or continues, shall constitute a separate offense. 3-2-11: NOTICE OF VIOLATION: Upon discovery of a suspected violation,the Mendota Heights police depaitiiient shall inform the city clerk of the suspected violation. The city clerk shall then send to the license holder,by mail, a written notice of the civil violation. The notice shall inform the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this chapter pursuant to section 3-2-13 of this chapter. 3-2-12: PENALTIES: A. Licensees:Any licensee found to have violated this chapter or whose employee shall have violated this chapter shall be charged an administrative fine as set forth by resolution. B. Individuals: Individuals found to be selling tobacco to minors in violation of this chapter shall be charged an administrative fee of fifty dollars ($50.00). C. Misdemeanor and Other Prosecution:Nothing in this section shall prohibit the city attorney or county attorney from seeking prosecution as a misdemeanor for any violation of this chapter, or from enforcing any other applicable state or federal law or regulation in addition to or instead of any civil enforcement remedy that may be sought under this chapter. D. Penalties in this section may be annually reviewed and new fine amounts adopted by resolution. 3-2-13: HEARINGS AND APPEALS: www.sterlingcodifiers.conicodebook/indexphp?book id=668 5/6 12/23/13 Sterling Codifiers,Inc. A. Request And Time For Hearings: 1. Following receipt of a notice of denial issued under section 3-2-3 of this chapter or a notice of violation and penalty issued under section 3-2-12 of this chapter or a notice 2. of revocation, an applicant or license holder may request a hearing before the hearing 3. officer appointed by the city council, or his/her designee. A request for hearing shall be made by the applicant or license holder in writing and filed with the city clerk within ten(10) days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing,the applicant or license holder shall be afforded an opportunity for a hearing before the hearing officer. 4. 5. If a person accused of violating this chapter so requests,a hearing shall be scheduled,the time and place of which shall be published and provided to the accused violator. 6. 7. Such hearing shall be held before a hearing examiner as determined by the city council and shall be open to the public. 8. B. Findings And Actions: If,after the hearing,the applicant or license holder is found ineligible for a license, or in violation of this chapter,the hearing officer may affirm the denial, impose a fine,issue a suspension or revocation, or impose any combination thereof The decision shall be in writing and set forth the reasons for the findings of the hearing officer. A copy shall be provided to the applicant or license holder. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the applicant or license holder. C. Decisions: If the hearing officer determines that a violation of this chapter did occur,that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 3-2- 12 of this chapter, shall be recorded in writing. A copy shall be provided to the accused violator. Likewise, if the hearing officer fords that no violation occurred or fords grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. D. Appeals:Any appeal from the decision of the hearing officer must be filed with the district court within ten(10) days of the mailing of the hearing officer's decision. E. Default: If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the ten(10) day period,then the denial,penalty, suspension and/or revocation imposed pursuant to this chapter shall take immediate effect by default. The city clerk shall mail the notice of denial, fne, suspension and/or revocation to the applicant or license holder. Section 3. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this 3rd day of December,2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk www.sterlingcodifiers.com/codebook/indexphp?book id=668 6/6 Ord. No. 51, Fourth Series, Establishing Interim Ordinance Under Minnesota Statute 462.355 Attorney Kennedy reported the City of North Mankato is currently studying the issue of licensing retail establishments that operate as hookah bars or sampling bars or a similar operation. Although no such operations currently exist within the City, the study is necessary to determine where would be proper zoning for such use if application is made to the City. He presented Ord. No. 51, Fourth Series, which establishes a one-year moratorium to protect the planning process while formal studies are conducted regarding such land use issues. Attorney Kennedy reported that recently the City of Mankato revised their tobacco ordinance which excludes licensing of retail establishments that operate as hookah bars, sampling bars and similar operations. Council Member Spears stated he believes this is a study in futility since he believes it has been pre-determined to ban the licensing of these establishments in North Mankato. He also stated there is too much government regulation and if consenting adults want to smoke e-cigarettes and they do no harm to others, they should be allowed to do so. Council Member Steiner moved, seconded by Mayor Dehen,to adopt Ord. No. 51, Fourth Series, Establishing Interim Ordinance Under Minnesota Statute 462.355. Vote on the Ordinance: Steiner and Dehen, aye; Spears, nay. Motion carried. CHAPTER 119: TOBACCO Section 119.01 Definitions 119.02 License required 119.03 Display of license and admonition 119.04 License restrictions 119.05 Prohibited sales 119.06 Sale of tobacco or tobacco-related devices by minors prohibited 119.07 Self-service merchandising prohibited 119.08 Vending machine sales 119.09 Appeal 119.10 Responsibility for agents and employees 119.99 Penalty § 119.01 DEFINITIONS. For the purpose of this chapter,the following definitions shall apply unless the context clearly indicates or requires a different meaning. TOBACCO. Cigarettes and any product containing,made or derived from tobacco that is intended for human consumption,whether chewed, smoked,absorbed,dissolved,inhaled,snorted,sniffed, or ingested by any other means,or any component,part,or accessory of a tobacco product;cigars,cheroots; stogies, perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings,cuttings and sweepings of tobacco;and other kinds and forms of tobacco. Tobacco also includes electronic cigarettes defined as any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device, including but not limited to electronic cigarettes, electronic cigars, electronic pipes or any other similar device. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO-RELATED DEVICE. Cigarette papers or pipes for smoking and electronic cigarettes. VENDING MACHINE. Any mechanical, electrical or electronic device, appliance or any other medium or object designated or used for vending purposes which upon insertion of money,tokens or any other form of payment, dispenses tobacco products. (Prior Code, § 3-10-1) (Ord. 397, passed 5-1-1995; Ord. 676, passed 11-1-10) 115 116 Savage - Business Regulations § 119.02 LICENSE REQUIRED. No persons shall keep for retail sale, sell at retail or otherwise dispose of any tobacco or tobacco- related devices as defined in this chapter at any place in the city without a license issued hereunder. (A) Application and issuance. Application for a license, together with the appropriate fee, shall be submitted to the City Clerk on a form supplied by the city. The form shall disclose the name and address of the applicant and the information deemed necessary by the city for the proper administration of this section and all other requirements of law. The applicant shall be specifically required by sworn statement to declare whether it will utilize age verification technology and must submit verification of the establishment and utilization of a training program for clerks responsible for the sale of tobacco. The application shall be presented to the City Council and, if approved, the City Clerk shall issue a license. (B) License fees. Fees for a tobacco license shall be set by ordinance.The City Council may establish a two-tier license fee structure whereby incentive is provided to a license holder to utilize age verification technology that meets performance requirements determined by the city, including the capability of recording when and how often vendor personnel utilize the technology. If the license is purchased subsequent to October 1, the fees established herein shall be one-half of the annual fees. (C) Term of license. Each license shall expire on March 31 following its issuance. Each license not renewed on or before April 1 of each year shall be subject to a$10 late fee. Licenses are not transferable from one person to another. (Prior Code, § 3-10-2) (Ord. 397, passed 5-1-1995; Ord. 531, passed 4-16-2001; Ord. 563, passed 10-6- 2003; Ord. 676, passed 11-1-10; Ord. 704, passed 8-6-2012; Ord. 724, passed 9-3-2013) Penalty, see § 119.99 § 119.03 DISPLAY OF LICENSE AND ADMONITION. (A) Display of license. Every license shall be conspicuously displayed to the general public or inspecting authority at the place for which the license is issued and shall be exhibited to any person upon request. (B) Admonition. Every licensee shall conspicuously display in the licensed premises and upon any vending machine used to dispense tobacco within a licensed premises,a written statement that the sale of tobacco or tobacco-related devices to a person under the age of 18 is unlawful and may be punished by fine or imprisonment or both;that furnishing tobacco or tobacco-related devices to a person under the age of 18 is unlawful and may be punished by fine or imprisonment or both;that the possession or use of tobacco by a person under the age of 18 is unlawful and may be punished by the imposition of a fine.Notwithstanding the foregoing,cigarette vending machines shall display the warning required by M.S. § 325E.07,as it may be amended from time to time. (C) Clerk training. All licensees shall arrange for training of all employees engaged in the sale of tobacco within 30 days of their employment. Tobacco 117 (Prior Code, § 3-10-3) (Ord. 397, passed 5-1-1995; Ord. 563, passed 10-6-2003; Ord. 676, passed 11-1- 10) Penalty, see § 119.99 § 119.04 LICENSE RESTRICTIONS. (A) No license shall be issued except to a person of good moral character. (B) No license shall be issued for the sale of tobacco at a moveable place of business. (C) A license may not be issued to a person having three or more violations of this chapter for one 12- month period preceding the most recent violation. (Prior Code, § 3-10-4) (Ord. 397, passed 5-1-1995; Ord. 676, passed 11-1-10) Penalty, see § 119.99 § 119.05 PROHIBITED SALES. No person shall sell or give away any tobacco or tobacco-related device to any person under the age of 18 years. Any tobacco except pipe tobacco offered for sale must be wrapped in a sealed package provided by the manufacturer and must contain the Surgeon General's health warning. (A) Affirmative defense. It is an affirmative defense to the charge of selling tobacco or tobacco-related devices to a person under the age of 18 years in violation of this chapter that the licensee or individual making the sale relied in good faith upon proof of age as follows: (1) A valid driver's license or identification card issued by the state, another state or a province of Canada and including the photograph and date of birth of the licensed person; (2) A valid military identification card issued by the United States Department of Defense; or (3) In the case of a foreign national from a nation other than Canada, by a valid passport. (B) Compliance check The city shall conduct unannounced checks at least once each calendar year at each location where tobacco or tobacco-related devices are sold to test compliance with M.S. § 609.685,as it may be amended from time to time. Compliance checks shall utilize minors over the age of 15,but under the age of 18 whom, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the licensing authority. (Prior Code, § 3-10-5) (Ord. 397,passed 5-1-1995; Ord. 473,passed 3-2-1998; Ord. 676,passed 11-1-10) 118 Savage - Business Regulations § 119.06 SALE OF TOBACCO OR TOBACCO-RELATED DEVICES BY MINORS PROHIBITED. No person under the age of 18 shall sell tobacco or tobacco-related products. (Prior Code, § 3-10-6) (Ord. 397, passed 5-1-1995; Ord. 676, passed 11-1-10) Penalty, see § 119.99 § 119.07 SELF-SERVICE MERCHANDISING PROHIBITED. (A) Prohibition. It shall be unlawful for any person to offer for sale any tobacco or tobacco-related devices in open displays which are accessible to the public without the intervention of a store employee. (B) Exception. This section does not apply to retail stores which derive at least 90%of their revenue from tobacco and tobacco-related products and where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time. (Prior Code, § 3-10-7) (Ord. 397,passed 5-1-1995; Ord. 473,passed 3-2-1998; Ord. 676,passed 11-1-10) Penalty, see § 119.99 § 119.08 VENDING MACHINE SALES. (A) No person shall sell tobacco products from vending machines. (B) This section does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. (Prior Code, § 3-10-8) (Ord. 397, passed 5-1-1995; Ord. 473, passed 3-2-1998) Penalty, see § 119.99 § 119.09 APPEAL. (A) Notice. A person violating this chapter may be issued, either personally or by mail,a written notice of violation that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter. The notice of violation shall provide notice that a hearing may be requested within ten (10)business days of receipt and that the right to a hearing is waived if a hearing is not promptly requested. The notice of violation shall provide information on how and where a hearing may be requested,including a contact address and phone number. (B) Hearings. The city clerk or other designated city officer shall set the time and place for the hearing. Written notice of the hearing time and place shall be mailed or delivered to the accused violator at least fifteen (15) business days but not more than thirty (30)business days prior to the hearing. The City Council shall conduct the hearing. (C) Decision. Tobacco 119 (1) A decision shall be issued by the City Council within ten(10)business days of the hearing. If the hearing officer determines that a violation of this chapter did occur, that decision, along with the City Council's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator by in person delivery or mail as soon as practicable. The City Council may impose a penalty different from what is provided in Section 119.99(C), but the penalty selected shall be the same as or greater than the penalties set forth in Minn. Stat. § 461.12, Subd. 2, as it may be amended from time to time. If the City Council finds that no violation occurred or finds grounds for not imposing any penalty, those findings shall be recorded and a copy provided to the acquitted accused violator by in person delivery or mail as soon as practicable. (2) The decision of the City Council is final. (D)Appeals. Appeals of any decision made by the City Council shall be filed in the district court for the county in which the alleged violation occurred pursuant to the provisions of Minn. Stat. §461.12, Subd. 7, as it may be amended from time to time. (E) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense." (Prior Code, § 3-10-10) (Ord. 397,passed 5-1-1995; Ord. 447,passed 3-3-1997; Ord. 680,passed 3-7-10) § 119.10 RESPONSIBILITY FOR AGENTS AND EMPLOYEES. Every act or omission constituting a violation of any of the provision of this chapter by an officer, director, manager or other agent or employee of any licensee shall be deemed and held punishable in the same manner as if the licensee personally committed the act or omission. (Prior Code, § 3-10-11) (Ord. 397, passed 5-1-1995) § 119.99 PENALTY. (A) Purpose. The purpose of this section is to establish a standard amount of fine, length of license suspensions and the propriety of revocations applicable to tobacco licensed premises. These penalties are presumed to be appropriate for every case. (B) Definition. Best Practices Business means a licensee that is certified in the City's Server Awareness Program. To be certified a licensee's managers and or owners shall have attended the Server Awareness Program and at all times have provided the Server awareness Program training to no less than 75% of its employees. A licensee shall document the training it provides to its employees and have these records available for review upon request by the Savage Police Department. (C) Penalties for Violations. Penalties for convictions or violations must be presumed as follows: (1) Revocation on First Violation. The following violations require revocation of the license on the first violation: (a) Sale of tobacco while license is under suspension. 120 Savage - Business Regulations (2) Underage Sales and Compliance Check Failures: The penalties set forth below apply to the following violations: (a) Licensee failure of an underage compliance check. (b) Sale of tobacco to under age person. Pi Violation 11 Best Practices Business 11 Non-Best Practices Business Pi Pi 1 Pi $500 fine, 3-day consecutive suspension iq di €::First violation 1 $250.00 fine. lof license and mandatory training of all '`' Pi Pi staff. PI x Second violation $750.00 fine and 5-day consecutive :::within 24 months $400.00 fine and mandatory training. 1suspension of license. Third violation $750 00 fine and 7-day consecutive $1000.00 fine and 10-day consecutive within 24 months suspension of license and recommendations ,suspension of license. of review panel. Fourth violation $1 000.00 fine and 7-day consecutiveii $2 000.00 fine and 12-day consecutive within 36 months suspension of license and recommendations suspension of license. : of review panel. .fifth violation $2,000 fine and revocation. Minimum $2,000.00 fine and revocation. within 36 months revocation period will be 1 year from the 1Minimum revocation period will be 1 pi di revocation date. 1year from the revocation date. All A civil penalty of$50 shall be imposed upon the clerk found guilty of the violation. WRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRS°,-: ,,,,,,,,,,,,,,,,,,,,,,moRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRW RWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWR9RIR9RlVlo- EVpp (3) Penalties for Other Violations. The penalties set forth below apply to violations not contained in subsections(C) 1 and(C)2 of this section. The Council may in its discretion impose a civil fine of$500.00 in lieu of a suspension on the first appearance for violation numbers 2 and 3. Appearance Ei pi Type Of Violation 1st I 2nd 1 3rd 1 4th Pi 1. Sale of tobacco while license is under suspension. 1Revocation , n/a 1 n/a n/a HI 2. Refusal to allow city inspectors or police 5-day 15-day Ei :::admission to inspect premises. consecutive consecutive'Revocation n/a suspension suspension :3. Failure to make application for license renewal 3-day 6-day 18-day .:prior to license expiration date. consecutive consecutive consecutive :Revocation pi suspension lisuspension 11suspension li Tobacco 121 (D) Multiple Violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the penalty for each violation under the first appearance column in subsection(A) of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. (E) Subsequent Violations. Violations' occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the city manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third or fourth appearance before the Council. (F) Subsequent Appearance. Upon a second, third or fourth appearance before the Council by the same licensee, the Council must impose the penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the penalty imposed by this section. (G) Computation of Appearances. After the first appearance, a subsequent appearance by the same licensee will be determined as follows: (1) If the first appearance was within eighteen(18) months of the current violation, the current appearance will be treated as a second appearance. (2) If a licensee has appeared before the Council on two (2) previous occasions, and the current violation occurred within thirty(30) months of the first appearance, the current appearance will be treated as a third appearance. (3) If a licensee has appeared before the Council on three (3) previous occasions, and the current violation occurred within forty eight (48) months of the first appearance, the current appearance will be treated as a fourth appearance. (4) Any appearance not covered by subsection(E)1, (E)2 or(E)3 of this section will be treated as a first appearance. (H) No suspension or revocation may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Council or an independent hearing officer appointed by the Council to hear the matter, report findings of fact and a recommendation for disposition to the Council. Such hearing shall be requested in writing by the licensee no later than 10 days after receipt of the notice of the alleged violation. The City Clerk shall cause written notice of the date, time and place of the hearing to be served upon the licensee at the address indicated on the license application, in person or by certified mail, return receipt requested, not less than fifteen (15) nor more than thirty(30) days prior to the hearing date, . The Council may delegate to the City Administrator the authority to select the hearing officer. 122 Savage- Business Regulations (I) Reinstatement Conditions. The City Council may attach conditions to the reinstatement of a suspended or revoked license. Any licensee whose license is revoked under this Section shall not be eligible for renewal for a period of at least one license year after the revocation. (J) Review Panel. The Review Panel will consist of the Chief of Police or his/her designee and the City Clerk. For third and fourth violations by a licensee certified as a Best Practice Business at the time of violation the Review Panel will convene and make appropriate recommendations. (K) Tobacco Compliance Training Program. Licensees may become a Best Practices Business by completing and being certified in the City's"Tobacco Compliance Training Program." The program is voluntary and offered by the City with the intent to eliminate sale of tobacco to persons under the age of 18. A licensee must send the managers and or owners to the program to be certified. Licensees are required to document the training provided to their employees and shall have these records available for inspection upon request by the Savage Police Department. The training is conducted at the time of license renewal and as needed. (Prior Code, § 3-10-9) (Ord. 397, passed 5-1-1995; Ord. 473, passed 3-2-1998; Ord. 563, passed 10-6-2003; Ord. 655, passed 8-03-2009; Ord. 680, passed 11-1-10; Ord. 707, passed 8-6-2012) 12/23/13 M unicode St. Paul, Minnesota, Code of Ordinances>> PART II - LEGISLATIVE CODE >> Title XXIX - LICENSES >> Chapter 324. Tobacco >> Chapter 324.Tobacco Sec.324.01. License required. Sec.324.02. License for each location orvending_machine. Sec. 324.03. Definitions. Sec. 324.04. Fee and duration. Sec. 324.05.Application. Sec.324.06. License to be displayed. Sec.324.07.Sales prohibited. Sec.324.08. Distribution of free tobacco products prohibited. Sec. 324.09. Use of false identification by minors prohibited. Sec.324.10. Use of tobacco prohibited. Sec.324.11. Presumptive penalties. Sec. 324.01. License required. (a) No person shall sell or offer for sale at retail within the City of Saint Paul any tobacco, or in any manner represent or hold himself or herself out as one who sells or offers for sale at retail any tobacco, or maintain a tobacco vending machine for the sale of tobacco without a license. (b) A tobacco vending machine may be located in a public accommodation, provided that: (1) All tobacco vending machines shall be operable only by the activation of an electronic switch operated by an employee of the establishment before each sale, or by insertion of a token provided to the purchaser by an employee of the licensee; and (2) The machine shall be located in the immediate vicinity, plain view and control of a responsible employee so that all tobacco purchases will be readily observable by that employee. The tobacco vending machine shall not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored areas. The tobacco vending machine shall be inaccessible to the public when the establishment is closed. (c) Any license issued pursuant to this chapter shall be issued to the person, firm or corporation that operates the principal business at that address. Each vending machine shall be required to have a separate license. (Code 195E ?RR -d. No. 17714. •S 1, 2-20-90:C.F. No. 94-341. •S 1, 4-13-94:r ^'n 97-314,§ 1, 4-20-97) Sec. 324.02. License for each location or vending machine. A license shall permit the licensee to sell tobacco at retail at the one (1) location specified in said license, and a separate license shall be required for each location or tobacco vending machine. Sec. 324.03. Definitions. The following words and phrases, as used in this chapter, shall, for the purposes of this iibrary.municode.com/printaspah=&cl ientlD=10061&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fshowDocument.aspx%3fcl i entl D%3d10061&j obld... 1/5 12/23/13 M uni code chapter, have the meanings respectively ascribed to them in this section, except in those cases where the context clearly indicates a different meaning: (1) Cigarette paper and cigarette wrapper means and includes any paper or other substance or materials, except tobacco, used as a wrapper or cover for a cigarette, as herein defined. (2) Sale means and includes any transfer, conditional or otherwise, of title or possession. (3) Sale at retail means and includes all sales except those where the merchandise is sold for the purpose of resale by a person principally engaged in selling merchandise for resale. (4) Tobacco means any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigarettes, cigars, little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. Tobacco includes electronic cigarettes containing or delivering nicotine for the purposes of licensing and regulation under this chapter. Tobacco products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. (5) Tobacco-related devices means cigarette papers or pipes for smoking. (6) Tobacco vending machine means a machine for vending tobacco by the insertion of a coin. (Code I OO,S 3 So.0 i;u.r. /vo. bog-OLP/,S .3, 4-7.5-y4;L..r. ivo. y/-514,3 i, ivo. l u-l u 14, 9 i, l u-1.5-7 u Ord 13-8,§ 1, 4-24-13) Sec. 324.04. Fee and duration. The annual license fee for each location of sale or each tobacco vending machine shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. The license shall expire one (1) year from the date of issuance during each calendar year. The annual license fee shall be prorated for licenses in force less than a full year. (Code 1956,§336.03;Ord. No. 17386,§ 1, 8-19-86;C.F. No. 92-1930, § 1, 1-14-93;C.F. No. 94-341, §4, 4-13-94; ^1- 95-1271, § 1, 11-8-95;C.F. No. 97-314, § 1, 4-20-97) Sec. 324.05. Application. In addition to any other information required by the director, the applicant shall state the true name of the applicant, the name under which he or she shall conduct his or her business, whether such business is that of an individual, sole trader, firm, partnership, or corporation, and the address where such business is to be conducted. Any person applying for more than one (1) license shall file with the department of safety and inspections a list of all locations of sale and/or the location of each vending machine for which license applications are being filed. Any change in the location of the place of sale shall be reported to the director within five (5) days of said change. (Code 1956,§336.04;C.F. No. 94-341,§5, 4-13-94;C F nir 07_'21d d_9n_07.r n7_1Qo F RI '_9R_n71 I i brary.muni code.com/pri nt.aspah=&cl ientID=10061&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fshowDocument.asp%3fcl i entI D%3d10061&j obld... 2/5 12/23/13 M uni code Sec. 324.06. License to be displayed. The license shall be displayed by the licensee in a prominent and conspicuous place at the location of the tobacco vending machine to be licensed. In the case of a tobacco vending machine, the operator shall also affix his or her name, address and telephone number in a conspicuous place on each machine. (Code 1956,§ 336.06;C.F. No. 94-341,§ 6, 4-13-94;C.F. No. 97-314, § 1, 4-20-97) Sec. 324.07. Sales prohibited. (a) No person shall sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes. (b) No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle. No person shall sell or dispense tobacco from a motor vehicle. (c) No person shall sell tobacco from vending machines unless the vending machines are in a facility that cannot be entered at any time by persons younger than eighteen (18) years of age. (d) No person shall offer for sale tobacco, cigarette papers, cigarette wrappers, or pipes for smoking in any open displays which are accessible to the public without the intervention of a store employee. This restriction shall not apply to retail stores which derive at least ninety (90) percent of their revenue from tobacco, cigarette papers, cigarette wrappers, or pipes for smoking where the retailer ensures that no person younger than eighteen (18) years of age is present, or permitted to enter, at any time. (e) Sale of tobacco and tobacco-related products to minors prohibited. (1) Whoever sells or furnishes tobacco or tobacco-related devices to a person under the age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this section a subsequent time within five years of a previous conviction under this section or Minnesota Statutes sections 609.685 and 609.6855 is guilty of a gross misdemeanor. (2) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. (f) Exceptions. (1) Notwithstanding section (e), individuals exempted under Minnesota Statutes section 609.685 are also exempt from this section. (2) The penalties in this section do not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco-related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. (g) Any violation of this chapter shall subject the licensee to provisions of chapter 310 and section 324.11 of the Saint Paul Legislative Code. (Code 1956,§336.07;Ord. No. 17714,§ 1, 2-20-90;C.F. No. 94-341,§ 7, 4-13-94;C.F Q7-314,§ 1, 4-20-97;C.F. No. 06-872, § 1, 10-11-06;C.F. No. 10-1014, §2, 10-13-10;Ord 13-8,§2, 4-24-13) Sec. 324.08. Distribution of free tobacco products prohibited. No person in the business of selling or promoting tobacco products or agent or employee of such person shall distribute tobacco products free to any person on the sidewalks, pedestrian concourses, pedestrian malls or pedestrian skyway systems within the City of Saint Paul. I i brary.muni code.com/pri nt.asp ah=&cl ientID=10061&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fshowDocument.aspx%3fcl i entI D%3d10061&j obld... 3/5 12/23/13 Municode (Code 1956,§336.08;Ord. No. 17714,§ 1 2-20-90;C.F. No. 92-1930, §2, 1-14-93;C.F. Aiu. y4 34/, 3 o, 4-i J-V C.F. No. 97-314,§ 1, 4-20-97) Sec. 324.09. Use of false identification by minors prohibited. No person under the age of eighteen (18) years shall purchase tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b), using a driver's license, a Minnesota identification card, or other form of identification which is false, fictitious, altered or counterfeited as to age or any other material fact of identification. Use of false identification to purchase tobacco or tobacco-related products is a misdemeanor. Sec. 324.10. Use of tobacco prohibited. No person under the age of eighteen (18) years shall purchase, use or possess tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b). Possession of tobacco or tobacco-related devices by a minor is a petty misdemeanor. Sec. 324.11. Presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the amount of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons which make it appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as follows: Type of Appearance Violation 1st 2nd 3rd 4th (1) Sale of tobacco to a minor $200.00 fine $400.00 fine $800.00 fine and 7- Revocation day suspension (c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(1), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the department of safety and inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (d) Computation of time. iibrary.municode.com/printaspah=&clientID=10061&H TM Req uest=http%3a%2f%2fl i brary.muni code.com%2fshowDocument.as px%3fcl i entI D%3d 10061&j obld... 4/5 12/23/13 M uni code (1) Second, third and fourth appearances. A second violation within twenty-four (24) months shall be treated as a second appearance, a third within twenty-four (24) months treated as a third appearance, and a fourth within twenty-four (24) months treated as a fourth appearance for the purpose of determining the presumptive penalty. (2) Any appearance not covered by subsections (1) above shall be treated as a first appearance. Measurement of the twenty-four (24) month period shall be as follows: The beginning date shall be the earliest violation's date of appearance before the council, and the ending date shall be the date of the new violation. In case of multiple new violations, the ending date to be used shall be the date of the violation last in time. (Ord. No. 177— 02;C.F. No. 07-149, § 82, 3-28-07;Ord. No. 11-114, § 1, 12-28-11) I i brary.muni code.com/pri nt.asp ah=&cl ientID=10061&H TM Req uest=http%3a%2f%2fl i brary.municode.com%2fshowDocument.asp%3fcl i entI D%3d10061&j obld... 5/5