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HomeMy WebLinkAboutCity Council - 06/20/2000 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DUNE 20,2000 5:00-6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks &Recreation Services Director Bob Lambert,Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS IL APPROVAL OF AGENDA III. 2001 LEVY A. CITY OF EDEN PRAIRIE B. SOUTHWEST METRO TRANSIT COMMISSION IV. SPECIAL ASSESSMENTS V. OTHER BUSINESS VI. COUNCIL FORUM VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 20,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council,Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION MONTH IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL MEETING HELD JUNE 6,2000 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BRYANT LAKE REGIONAL PARK- PHASE II by Hennepin Parks. 2nd Reading for Planned Unit Development Concept Review on 167.6 acres and Planned Unit Development District Review with waivers within the Rural Zoning District on 167.6 acres. Location: 6800 Rowland Road. (Ordinance for PUD District Review and Zoning District Amendment) C. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. 2nd Reading for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Ordinance for PUD District Review and Zoning District CITY COUNCIL AGENDA TUNE 20,2000 Page 2 Change and Resolution for Site Plan Review) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 9TH ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF FLAGSHIP 2ND ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF LINCOLN PARC G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A PROJECT MANAGEMENT AGREEMENT FOR THE LINCOLN PARC APARTMENT PROJECT H. RECEIVE FEASIBILITY STUDY AND ADOPT RESOLUTION SETTING PUBLIC HEARING FOR CHARLSON AREA IMPROVEMENTS I. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LYNN CHARLSON FOR `CHARLSON AREA STREET AND UTILITY IMPROVEMENTS' J. ADOPT RESOLUTION APPROVING GUIDE PLAN UPDATE EXTENSION K. ADOPT RESOLUTION DECLARING THE CITY'S INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES PAYABLE IN 2001 L. AWARD CONTRACT FOR CONSTRUCTION OF NEW RADIO TOWER AND DEMOLITION OF OLD RADIO TOWER M. APPROVE AGREEMENT FOR RADIO ENGINEERING WORK TO RELOCATE THE CITY'S RADIO TRANSMITTER FACILITIES N. ADOPT RESOLUTION DECLARING UNCLAIMED PROPERTY AS "ABANDONED PROPERTY" O. ADOPT RESOLUTION DECLARING FORFEITED VEHICLES AS "EXCESS PROPERTY" P. ADOPT RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A MNDOT JOINT POWERS AGREEMENT TO COMPLETE PHASE III OF ARCHAEOLOGY INVESTIGATION AT THE MILLER BROTHERS GENERAL STORE SITE Q. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 4,BLOCK 2,BELL OAKS 1sT R. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR WINDN'IELD 4TH,5TH,AND 6TH ADDITIONS CITY COUNCIL AGENDA JUKE 20,2000 Page 3 S. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO PROFESSIONAL SERVICE AGREEMENT FOR LOCAL WATER MANAGEMENT PLAN T. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR BOG-MONITORING AT BEARPATH GOLF AND COUNTRY CLUB VII. PUBLIC HEARINGS/MEETINGS A. STREET AND UTILITY IMPROVEMENTS FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA VIH. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL OF BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE REQUEST 2000-07,NATHAN BERGELAND XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Community Center and Round Lake Parking Permits Report for 2000-2001 School Year D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Bond Financing Alternatives for Third Ice Rink E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR CITY COUNCIL AGENDA DUNE 20,2000 Page 4 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY JUNE 6,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen • I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:03 p.m. Councilmember Thorfmnson was absent. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added Item XII.A.1., Report on Eden Prairie Foundation and Item XII.B.2., Request for a Workshop. Mayor Harris added Item XI.A., Appointment to Eden Prairie Foundation. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 4-0. IV. MINUTES • A. CITY COUNCIL WORKSHOP HELD TUESDAY,MAY 16,2000 MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Workshop held Tuesday, May 16, 2000, as published. Motion carried 3-0,with Mayor Harris abstaining due to her absence. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 16,2000 MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, May 16, 2000, as published. Motion carried 3-0,with Mayor Harris abstaining due to her absence. CITY COUNCIL MINUTES June 6,2000 Page 2 - C. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, MAY 30, 2000 MOTION: Tyra-Lukens moved, seconded by Butcher,to approve the minutes of the Special City Council Meeting held Tuesday, May 30, 2000, as published. Motion carried 3-0,with Mayor Harris abstaining due to her absence. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE MINI-STORAGE EXPANSION by Two S Properties, Inc. 2nd Reading for Site Plan Review on 1 acre. Location: 7921 Eden Prairie Road (Resolution No. 2000-82 for Site Plan Review) C. ADOPT RESOLUTION NO. 2000-83 APPROVING FINAL PLAT OF SETTLERS RIDGE FIFTH ADDITION D. ADOPT RESOLUTION NO.2000-84 RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING THE PROJECT PRELIMINARY APPROVAL SUBJECT TO A PUBLIC HEARING.(MICRO DYNAMICS CORPORATION PROJECT) E. ADOPT RESOLUTION NO. 2000-85 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LINCOLN LANE STREET AND STORM SEWER IMPROVEMENTS,I.C.52-196 F. ADOPT RESOLUTION NO. 2000-86 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR FOREST HILLS ROAD STREET AND STORM SEWER IMPROVEMENTS,I.C.98-5466 G. APPROVE CHANGE ORDER NO. 1 FOR 2000 STREET STRIPING H. RECEIVE FEASIBILITY REPORT AND ADOPT RESOLUTION NO. 2000-87 SETTING. PUBLIC HEARING FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA STREET AND UTILITY IMPROVEMENTS,I.C. 98-5406 • I. ADOPT RESOLUTION NO. 2000-88 APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF EMERGENCY PRE- EMPTION (EVP) ON 18 EXISTING TRAFFIC SIGNALS THROUGHOUT EDEN PRAIRIE. J. ADOPT RESOLUTION NO. 2000-89 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW-59-49-98 FOR THE CSAH 1 (PIONEER TRAIL) CONSTRUCTION PROJECT FROM HENNEPIN TOWN ROAD TO TH 212 (FLYING CLOUD DRIVE),I.C.94-5369 CITY COUNCIL MINUTES June 6,2000 Page 3 K. AUTHORIZE PUBLICATION OF NOTICE OF INTENT TO FRANCHISE L. AMEND POLICY ON ASSESSMENTS LIMITS FOR HOMESTEAD PROPERTIES M. APPROVE RESOLUTION NO. 2000-90 AUTHORIZING THE I-494 CORRIDOR COMMISSION TO EXECUTE TRAFFIC STUDY AND GOLDEN TRIANGLE REIMBURSEMENT AGREEMENTS WITH THE CITY OF EDEN PRAIRIE N. APPROVE RESOLUTION NO. 2000-91 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE' TRAFFIC STUDY AND GOLDEN TRIANGLE REIMBURSEMENT AGREEMENTS WITH THE I-494 CORRIDOR COMMISSION Tyra-Lukens asked Dietz for a summary of the landscaping plans in the construction cooperative agreement for the Pioneer Trail project contained in Item J. Dietz replied Hennepin County would be paying an additional $100,000 toward the cost of landscaping, beyond the amount that would be required for tree preservation and replacement, a total of approximately $300,000. The residents of Pioneer Trail were promised that a committee of residents would be convened to assist the City in the selection process for hiring a landscape consultant. The committee has been convened, and landscaping is expected to be done in 2002. MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-N on the Consent Calendar. Motion carried 4-0. VI. PUBLIC HEARINGS/MEETINGS A. OAK PARKE 2ND ADDITION (Cole Property) by Thompson Land Development. Request for Planned Unit Development Concept Amendment on 11.27 acres of the 162.4 acres of Eden Orchard PUD, Planned Unit Development District Review with waivers on 11.27 acres, Zoning District Change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres and Preliminary Plat on 11.27 acres into 31 lots and 4 outlots. Location: 17251 Cedarcrest Drive. (Resolution No. 2000-93 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2000-94 for Preliminary Plat) • Enger said the official notice of this public hearing was published on May 25, 2000 in the Eden Prairie News and sent to 19 property owners. Lee Johnson, of Thompson Land Development; showed a map of the Eden Orchard PUD as approved a year ago. At that time the PUD did not include a five-acre piece that is now included. This project is a replat of 20 existing twin home lots in the existing Eden Orchard PUD, and a subdivision of the adjacent Cole property into 10 twin home lots and 1 single-family lot. 3 CITY COUNCIL MINUTES June 6,2000 Page 4 The four outlots are platted, and all of them would be owned by the homeowners association. Outlots B and D can be made into a conservation easement; a total of 4.8 acres. Outlot C would be dedicated to the City as public right of way for the extension of Cedar Crest Drive. The developer is requesting a variance to the frontage width from 24 feet to 22.76 feet. The lot width waiver is needed to create the outlot for the construction of a trail which will connect Harrison Drive and Cedar Crest Drive. The tree loss on five acres is 23.3 percent, compared with 28.3 percent overall in the PUD. The required tree replacement is 1,736 inches. Uram said the Community Planning Board voted 8-0 at its May 8 meeting to recommend approval of the project. Mayor Harris asked if anyone wished to address the Council regarding this project. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-93 for PUD Concept Amendment on 11.27 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres; and adopt Resolution No. 2000-94 for Preliminary Plat on 11.27 acres into 31 lots and 4 outlots; and direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations; and direct Staff to issue an early land-alteration permit to Thompson Land Development to proceed with construction at their own risk. Motion carried 4-0. B. BRYANT LAKE REGIONAL PARK- PHASE II by Hennepin Parks. Request for Planned Unit Development Concept Review on 167.6 acres and Planned Unit Development District Review with waivers within the Rural Zoning District on 167.6 acres. Location: 6800 Rowland Road. (Resolution No. 2000- 92 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Enger said official notice of this public hearing was published on May 25, 2000, in the Eden Prairie News and sent to 129 property owners. Alex Meyer, the landscape architect for the project, explained that this is Phase II of the development. The first phase was completed in 1993 and 1994. Phase II involves adding four parking lot areas with a total of 85 spaces, two restroom facilities, a picnic shelter, and additional paved trails throughout the park consistent with the master concept plan approved in 1993. Hennepin Parks has $500,000 left over from the original $3 million grant to use for these improvements. At the north end, the bike/hike trail loop will be constructed to connect with the Minnetonka trail system and another bituminous trail connection will be made from the new driveway to the Wooddale Church property where the City controls an easement for trail purposes. CITY COUNCIL MINUTES June 6,2000 Page 5 One parking lot has eight spaces, which would be reserved for handicapped persons, who would have trouble walking down the hill from the other parking lots. One of the new restroom facilities is also located here and will require a lift station for sewage removal. A variance is being requested for the restroom and parking lot, as they are both located within 200 feet of the shoreline. Case asked where people could park now to get to the disc golf course. Meyer replied they park at the existing gravel parking lot,which will be paved. Mayor Harris asked if Hennepin Parks plans to have a ranger on site, as mentioned at the meeting of the Community Planning Board. Karen Bowen, Director of Operations, said they plan to have a Public Safety Officer at the park throughout the summer. Uram stated the Community Planning Board voted 8-0 at the May 8, 2000 meeting to recommend approval of the project with a restroom facility setback waiver from 200 feet to 148 feet. Mayor Harris asked if anyone wished to address the Council. Rachel Soffer, 11599 Raspberry Hill Road, said she is representing the residents of Raspberry Hill Road. One problem they have had with the addition of the disc golf course is the parking situation. Teen-aged boys are parking on Raspberry Hill Road in order to avoid paying for parking in Bryant Lake Park. They drive recklessly as they come onto the street. There are 24 children living on Raspberry Hill Road, 20 under the age of eight, making this a public safety issue. The residents had never expected traffic and noise on this road. It is a short road that branches into two cul-de-sacs. The boys in the cars are playing loud music and leaving litter behind. The residents have asked the boys to use the parking lot provided in the park, but the boys have just responded with bad language. After two no parking signs were put up, the boys just parked farther up the road into the cul-de-sacs. All of the residents support having the entire Raspberry Hill Road posted no parking. They are worried about their children's safety. Stephanie Willette, 6630 Golden Ridge Drive, said she doesn't approve of taking down three trees to put in the eight-space parking lot near the lake. She doesn't believe the parking lot is needed as she seldom sees anyone in the park, and she is there frequently. Regarding the new trail for biking, she has never seen bikers, only walkers using the trails. MOTION: Butcher moved, seconded by Case, to close the public hearing. Motion carried 4-0. Mayor Harris asked for the status of the "action plan" Hennepin Parks was to develop. 5 CITY COUNCIL 1VmvUTES June 6,2000 Page 6 Karen Bowen responded the "action plan" was put together and included removing one of the baskets for the disc golf course closest to Rowland Road. In addition, they have published three pieces of information urging parking within park boundaries and describing neighborhood concerns, and put the same information on the Park District's Web page. They have also increased the number of public safety officers and entry gate staff to educate the public. The public safety officer said he has had no complaints in the past week. Regarding posting no parking signs, neighbors are in support of that and Bowen believed it would be a good idea. Mayor Harris asked when the other parking lot is to be constructed. Bowen replied they have a deadline of December 31 to use that money for parking lots. The biggest complaint she hears from visitors is there are not enough shaded areas where people can picnic, and the Park District hopes to provide that. Enger said Police Chief Clark would speak to the issue of parking. Clark said his department has been cooperating with Hennepin Parks to monitor the parking problem. They have tried to have squad cars in the area as much as possible. When officers have been there they have not seen the problem. Restricting Raspberry Hill Road to parking by permit only would require a number of things, including an ordinance change by the City. It would also require decisions about who would manage the permits, how they would be distributed, etc. It may create other problems and, eventually, the residents would probably come back to ask for a change. Also, this would create a unique parking requirement,which Clark would not want to see duplicated throughout the City. Butcher said in other parts of the City there are problems with teen-agers parking where they aren't wanted. She asked Clark what he would recommend neighbors do about this. In her neighborhood, they write down the license numbers and call the police. Then the police go to the homes of the owners of those cars. Clark said he would like to see preventive efforts given more time. If that doesn't result in changes, he would go to the next step, which would be to post "No Parking" on the whole length of Raspberry Hill Road. Clark listed the items in the "action plan." (1) Hennepin Parks will continue to distribute educational materials and increase the presence of public safety officers to educate park patrons. (2) Due to the proximity of Raspberry Hill Road to the main park entrance, the City will post permanent "No Parking" signs along the east side of the Raspberry Hill Road from Rowland Road to the point where Raspberry Hill Road branches into two cul-de-sacs, or approximately the first 150 feet. (3) The Eden Prairie Police Department will continue to monitor the area frequently. (4) The City staff will meet with Hennepin Parks at the end of July to reevaluate the situation. Tyra-Lukens said if there would be an effort to include neighbors in the meeting at the end of July. Clark said they would be invited. CITY COUNCIL MINUTES June 6,2000 Page 7 Mayor Harris said she favored giving the plans that are in place time to see if they will work. Butcher said she would hate to see a productive activity, such as disc golf, not continue. She would recommend using the "neighborhood watch" idea to notify the police when there is a problem. Tyra-Lukens said she believed this is a good activity for kids and would like to get them to cooperate. She would not be averse to putting up signs stating no parking between certain hours, if there is no improvement before the meeting in July. She wondered if the lower parking lot could be moved to avoid the tree loss. Meyer stated he believed the trees referenced that are marked to come down were in a windstorm last year and need to be removed as a safety measure. Through their research with the Park District, they believe there is a need for additional parking, and the eight-car parking lot is a prime area. Because of the steep slops they cannot make a trail down, so that is why this road would be built down to the parking lot for handicapped people. Mayor Harris stated the disc golf course, already in place, is a separate issue from the approval of Phase II. She asked City Staff and Hennepin Parks to work together to eliminate the problem of parking in the neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-92 for PUD Concept Review on 167.6 acres; and approve 1st Reading of the Ordinance for PUD district Review with waivers within the Rural Zoning District on 167.6 acres. Case said, after the July meeting he would like to hear a report about this parking issue on Raspberry Hill Road. If the neighbors still have issues, he would like to see additional signage. Also, everything being done at this meeting is very consistent with the 1993 Phase I plan. Hennepin Parks has built in phases, as the money was available. Motion carried 4-0. D. VACATION 00-04 — VACATION OF DRAINAGE AND UTILITY EASEMENT IN PART OF BEARPATH SECOND ADDITION (Resolution No. 2000-97) Enger said official notice of this public hearing was published on May 4, 2000, in the Eden Prairie News and sent to 10 property owners. The property owner has requested this vacation to remove underlying drainage and utility easements from the property to enable the combination of lots. The property received final plat approval by the City Council on May 2, 2000, as Stringer Addition. Replacement easements have been dedicated on the plat. 1- CITY COUNCIL MINUTES June 6,2000 Page 8 Mayor Harris asked if anyone wished to address the Council on this public hearing. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-97 vacating the drainage and utility easements as described in the resolution. Motion carried 4-0. E. ORDER IMPROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR CEDAR FOREST FIRST ADDITION STREET AND UTILITY IMPROVEMENTS,I.C. 99-5491 (Resolution No. 2000-98) Enger said official notice of this public hearing was published on May 25, 2000, in the Eden Prairie News and sent to 63 property owners. Dietz reviewed the process for special assessments. Although the City received a valid petition from the neighborhood for these improvements, in the process of going through the feasibility study additional properties were brought into the process for development in the future. Therefore, the Council should consider that these improvements are being done on the Council's own motion, which requires a four-fifths majority vote to advance the project. Al Gray explained the project, which will provide lateral street and utility improvements to approximately 45 residential properties in and adjacent to Cedar Forest First Addition, as well as utility improvements benefiting approximately 18 land parcels in the area around the First Addition. Cedarcrest Drive and Valley Road maybe extended westerly into the properties along the west boundary of the subdivision when development occurs. Existing homes on these properties currently take their street access to Cedarcrest Drive and Valley Road. The width of Cedarcrest Road is 35 feet. The City is proposing it be reconstructed at 28 feet in width. The City estimates the total cost of the improvements at $710,000, including street construction. Forty-eight lots would be assessed $14,790 each. The • average frontage is 150 feet per lot, which explains the higher-than-average assessment. An outlet storm sewer is required for the existing pond. The City proposes to put one in adjacent to Riley Creek. The cost of providing the pond outlet is estimated to be $96,000. About 96 units in undeveloped properties would benefit from the system, in addition to the neighborhood, so the assessment would be about$1,000 per unit. The remainder of the system cost is included with lateral storm sewer and included with street improvements. Watermain improvements are estimated to cost $216,280. Each of the 45 lots in Cedar Forest First Addition and the two homes on adjacent parcels to the west will receive similar benefits of access to potable water and improved fire protection. It is proposed to assess each of the benefited properties$4,600. CITY COUNCIL MINUTES June 6,2000 Page 9 A pumping station will be needed to pump sewage west into the sanitary sewer system being installed in Oak Parke. The system costs are divided into lateral and subtrunk accounts. Based on $211,000 lateral cost and 47 lateral units, it is proposed to assess each lot in Cedar Forest First Addition and Parcels 49 and 50 $4,490 for lateral service. Based on $316,510 subtrunk cost and 247 subtrunk units, it is proposed to assess each of the parcels receiving subtrunk benefit $1,280 for each assigned unit. In addition, trunk utility assessments of$520 are proposed for each residential property receiving lateral sewer and water service. Properties not assessed for trunk at this time will be assessed at the time of • development. Staff has had two neighborhood meetings and mailed out two surveys to assess property owner opinions. From the responses to the surveys, 56 percent of the neighborhood was in favor of proceeding with the project. City Council has approved an increase in the maximum amount to be assessed for improvements for homesteaded properties to $19,600, to reflect current project costs and benefit. The total proposed assessment to each residential property for this project is $25,160 and will be adjusted to the recommended maximum for 47 homesteaded parcels. This adjustment would amount to $5,560 per parcel, for a City expense of$261,320. These parcels are allowed exclusion from sewer and water assessments for five years, if not immediately needed. Tyra-Lukens said she understands that the adjustments totaling $261,320 will be paid for by all Eden Prairie residents. Gray said this amount would be financed out of utility funds. Tyra-Lukens asked, if this was a new development, wouldn't this amount be covered by the developer? Gray replied yes, the developer would cover it. Mayor Harris asked if anyone wished to address the Council. Kelly Trickey, 17181 Cedarcrest Drive, asked when this project would be going out to bid, provided the Council approves it. Dietz replied they plan to award the contract on August 1, so construction could start two weeks after that date. He estimated substantial completion of the utilities by the end of this construction season,with street improvements completed by mid-summer 2001. Ms. Trickey asked how the area will look in August, September and October. Dietz replied it will be difficult, at best, to maintain access to the neighborhoods during that time. If there is dry weather the work will go more quickly. Gray said at the end of the cul-de-sac there will be a very deep excavation for the sewer line. Dietz added it will take three to four months to finish the worst of that work. Ann Rannow, 17150 Cedarcrest Drive, asked why this work couldn't be done in one construction season. Regarding the environmental issue of the drainage pond near Riley Creek, she asked why a pond could not be placed in that development when it occurs. Riley Creek is beautiful and she hates to see a drainage pond destroy this area. 9 CITY COUNCIL MINUTES June 6,2000 Page 10 Dietz replied that a NURP pond would be there to protect the water in the creek. When the area to the west and east is developed,they will be required to construct their own NURP ponds to deal with water generated in that neighborhood. All new residential properties are required to have NURP ponds. With regard to the construction season, Dietz said the City's goal is to substantially finish the project this year, hoping to have utilities and curb and gutter in. Usually they can extend the construction season to the end of November, but sometimes bad weather forces it to end October 31. Restoration behind the curbs and the last lift of asphalt on the road will go in next year. Nick Hedlund, 17181 Cedarcrest Drive, asked how long there would be a problem with access and if it would be solved before winter. Gray responded that during construction, on occasion people will have to park on the streets and walk some distance to their homes. They will attempt to make it possible to drive through and have a way in and out. Hedlund asked how long that situation would last. Gray replied they would make it a usable road for the winter, although in the worst case it might only be a gravel road. MOTION: Butcher moved, seconded by Case, to close the public hearing and adopt Resolution 2000-98. Motion carried 4-0. F. WELTER'S TRAILHEAD by Ray and Carole Welter, Jr. Request for Planned Unit Development Concept Review on 5.22 acres, Planned Unit Development District Review with waivers on 5.22 acres, Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. (Resolution No. 2000-95 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution No.2000-96 for Preliminary Plat) Enger said official notice of this public hearing was published on April 6, 2000, in the Eden Prairie News and sent to 35 property owners. No one representing the developers was present. Uram stated the Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its March 27, 2000 meeting. The City Council continued this item at its April 18 and May 2, 2000 meetings for the developer and City to work out cost sharing for storm sewer installation and erosion restoration. This project is for four single-family lots. Due to the topography, the developer is requesting lot-frontage waivers of 76 feet for Lots 1 and 2, and side- yard structure setbacks of 5 feet minimum one side/total of 15 feet both sides, for Lots 3 and 4. Rationale for the waivers includes anticipated width needed to • accommodate a City trail along the east side of the property. The developer and City have agreed to share the costs for storm sewer installation and erosion restoration, each paying 50 percent. Dietz said, regarding the cost-sharing arrangement, 50 percent is included as part of the Cedarcrest storm sewer project because it depends on bringing utilities /0 CITY COUNCIL MINUTES June 6,2000 Page 11 through the Cedarcrest project, which depends on the Eden Apple Orchard project. So timing will be sequential. Lambert said the Settlers Ridge development required a way to get the trail out to Dell Road. This is ahead of the development of the Cedarcrest project. It will allow developing a trail out to Crestwood Drive and eventually to the City park. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2000-95 for PUD Concept Review on 5.22 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 5.22 acres; and adopt Resolution No. 2000-96 for Preliminary Plat on 5.22 acres into 4 single family lots and 1 outlot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. Mayor Harris called a recess at 8:35 p.m. The Council meeting resumed at 8:45 p.m. VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Tyra- Lukens and Harris voting"aye". VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. COMMUNITY PROGRAM BOARD RECOMMENDATION ON THIRD RINK TASK FORCE Lambert explained the events leading up to formation of the Third Rink Task Force in February 2000. The City Council decided to form a citizens' task force. . Approximately half had an interest in figure skating or hockey and half did not. That committee met for about two-and-a-half months. The City Council asked the task force to determine if there is a need for a third rink and if there is,what is the need, and if that need justifies and makes a rink financially feasible; i.e., could it be constructed without cost to Eden Prairie. Lambert introduced the co-chairs of the Third Rink Task Force, Pat Richard and John Schmelzle, to talk about the results. Pat Richard said he has been involved in the community since 1985 and so was interested in serving on this task force. He felt his involvement was very objective, as he has no children involved in hockey or figure skating. The task force came up with information that was discussed at length and very candidly. I CITY COUNCIL MI UTEs June 6,2000 Page 12 The Eden Prairie Hockey Association, Figure Skating Club and City Staff pulled together figures for the report. They came to the conclusion that there is a need for a third sheet of ice and that need is for about 1,500 hours on a third sheet of ice, without taking away from the other two sheets of ice. Most of that need is from October through March, during the hockey and figure-skating season. As to whether a third rink is financially feasible without cost to the City, he didn't believe the task force was to decide how it could be done, but if it could be done. It could be done if they are able to find financial sponsorship from private organizations to make up the difference between how much ice time can be sold and the cost of construction. Richard said the Hockey Association would like the opportunity to go to the next step. First, would the City be willing to allow a facility to be named after a significant fmancial donor? Second, could it be built on city/school property, and third, could the Hockey Association and Figure Skating Club go forward and get a more specific cost estimate? John Schmelzle, representing the Eden Prairie Hockey Association, commended the work of City Staff in compiling the report, especially how other communities are doing with regard to ice rink facilities. He was challenged by others on the task force to justify the numbers in the report. He is very confident in the results. The Hockey Association and Figure Skating Club would like to find a way to build a facility for the kids of Eden Prairie to handle the growth in figure skating and hockey, especially girls' hockey. He would like to be able to prove they can get the funding. That is why the need to get the closest possible estimate of construction costs. Butcher said she thought all the figures were impressive in terms of information. She asked how far into the future a rink would continue to have high use and remain viable. Schmelzle replied the task force asked anyone who had anything to do with enrollments, and could not find anybody who went out more than five years with projections. They looked at other communities and the life cycles of their rinks. For example, Edina just added a third rink last year and the Eden Prairie Hockey Association is the same size and still growing. He would like to have seen projections for 20 years, but they weren't available. Based on information from the Minnesota Amateur Hockey Association and other organizations, they don't see the interest in hockey dropping off. He has not seen any rink that had to go out of business. Tyra-Lukens said she was very impressed with all the work done so quickly, and it is obvious they went into a lot of detail. She asked the co-chairs to convey thanks to the task force. Mayor Harris asked about the difference between Eden Prairie and Edina hockey associations in the number of hours used on the ice, and wondered if that reflects the fact Edina has more time ice time available. '- CITY COUNCIL MINUTES June 6,2000 • Page 13 Schmelzle replied yes, they have the ice right there in Edina. Eden Prairie Hockey Association rents wherever they can get the ice. This past season they went as far south as New Prague and as far north as Maple Grove and New Hope. However, it is getting more difficult to secure ice at other arenas because most of the ice they buy at the arenas farther away is for prime time, not at 6:00 a.m. or 9:00 p.m. Case said he remembered when people used outdoor rinks in the winter more than indoor rinks. Schmelzle agreed, but said they can't depend on the outdoor ice. The past two years they have had a hard time with outdoor ice because of the warm winters. Also, all the programs have become bigger and more competitive. The idea of the hockey program is to give every kid who wants to play hockey a chance to play, and the numbers have been growing, partly because girls' hockey has grown significantly. Case asked Enger if, in all the discussions with General Growth about the indoor rink at Eden Prairie Center, a proposal was ever made that the Eden Prairie Hockey Association would basically build it. Enger replied General Growth was planning to promote a general ice arena, not specifically programmed for hockey, but wanted something that would be compatible with the Eden Prairie Center. They were looking at it from a business perspective. They thought the Hockey Association would be the primary user of the ice,but they did not seek a partnership. • Swaggert said the Community Program Board met on May 23 to review the Third Rink Task Force Report. They revisited the purpose of the task force and found that "based on the information from the Third Rink Task Force Report, there is a present need for additional facilities, but the long-term need and the feasibility of constructing and operating a third rink at no cost to the City was not established." The Program Board cited three additional conditions that require approval by the City Council in order for the project to be feasible. (1) Allow the use of park land located at the Community Center site for the purpose of constructing a third rink. (2) Depart from current City policy and permit naming the Community Center or an ice arena within the Community Center after a corporate sponsor (assuming funding is sufficient to make the project feasible). (3) Agree to carry the risk of$1 million in debt and$100,000 in annual operating costs against anticipated revenues to support this project if the Eden Prairie Hockey Association is not able to do so in the future. Mayor Harris said the Program Board has identified three conditions that need individual discussion. Before doing that, she wanted to thank the task force for their work. 13 CITY COUNCIL MINUTES June 6,2000 Page 14 MOTION: Tyra-Lukens moved, seconded by Butcher, to thank the Third Rink Task Force for their work and accept their finding that a current need exists for additional ice time of 1,278 hours with sale of up to 1,500 hours being feasible, and that between$2 and $3 million additional dollars are needed to make a third sheet of ice feasible. Motion carried 4-0. MOTION: Tyra-Lukens moved, seconded by Butcher, to accept the finding of the Community Program Board that"based upon information from the Third Rink Task Force Report, there is a present need for additional facilities, but the long- term need and the feasibility of constructing and operating a third rink at no cost to the City was not established." Motion carried 4-0. Mayor Harris asked Lambert where a third rink would be constructed. Lambert replied the task force developed two concept plans connected with the Community Center. Concept one would place the third rink perpendicular to the other two rinks, and concept two would place the third rink between the second rink and the high school. They would both be partially on City-owned property and partially on school property. Concept one would allow 77 additional parking spaces. They would not decide which plan at this point,however,but would meet with the School District to discuss which one is more acceptable. Case said Councilmembers indicated at a workshop with the Hockey Association that it would be a good idea to connect a third rink to the Community Center. Mayor Harris said a motion is needed that Council is comfortable with permitting use of park land at the Community Center for these purposes. They would also have to direct Staff to work with the School District. Lambert said when the City added the second rink they moved the boundaries of the property to accommodate the City. Direction from the Council would be to direct Staff to hold discussions with the School District to determine if they are amenable to changing the School District boundaries again so that the rink would be built entirely on City property. MOTION: Case moved, seconded by Butcher, to direct Staff to begin discussions with the School District regarding the possibility of a third sheet of ice being built somewhere around the Community Center. Motion carried 4-0. Mayor Harris said there is also the question of whether the City would permit naming of the ice arena or the whole Community Center after a corporate sponsor. Tyra-Lukens said the City has already allowed a score board at Miller Park to be partially sponsored. This is one of those changes that has taken place over the years and she felt comfortable with it. Butcher said she would draw the line at alcohol or tobacco sponsorship. She wondered how much revenue sponsorship would really produce. I14 CITY COUNCIL MINUTES June 6,2000 Page 15 Lambert said they are talking about something bigger than having a corporate name on a scoreboard or placard. They are talking about naming the rink or changing the name of the Community Center. That is what it is going to take, however, because it would cost $2 to $3 million to build the rink. The sponsor's name could be on the whole Community Center or just the third rink. Case asked if they would get half of the cost covered. Lambert replied that to make this feasible, they would need the difference between $1 million and the actual cost of the rink. The cost of the rink is expected to be $3.5 to $4 million. Council would be directing the Hockey Association to obtain $2 to $3 million. The sponsor would have to know what they would get for this amount of money. Council needs to decide what it is comfortable with in terms of sponsorship. Case said he thought residents and taxpayers would view this favorably if City dollars are not being spent. He wanted to do what is best for the people of the City. He felt comfortable about it. Mayor Harris said she was comfortable with it also. Tyra-Lukens said ideally she would like to name just the rink after a corporate sponsor. There is also a pool in the Community Center, and it may need improvements at some time, so the City might need a corporate sponsor for that part of the Community Center. .Enger asked for clear direction to the Staff. If Council wants to keep sponsorship to the naming of the rink Council should say so now. Mayor Harris said she believed Staff has a sense of what the Council wants. She would like to remain flexible on the naming issue and have guidance from the Staff. MOTION: Butcher moved, seconded by Tyra-Lukens, to depart from current City policy and permit naming a facility after a corporate sponsor. Motion carried 4-0. Enger said there is a significant risk to the City when it gets involved in lease revenue bonds. The Program Board pointed out the concern about not being able to forecast ice usage for more than five years,while the debt would be carried for 20 years. Uram explained that even though the City is not responsible for payment of the debt service,it impacts the City in intangible ways, such as the City's bond rating. Because the City issues the debt, it will be responsible for the payment of that debt if anything happened to the rink itself. It is hard to project what will happen in 10 years, and 20 years is even more difficult to project. Uram said he also doesn't know what will happen with the tax situation. The debt service payment for the second rink is covered through the operating expenses of the Community Center, and the City has levied taxes for that. In this situation,where it would not 15 CITY COUNCIL MINUTES June 6,2000 Page 16 be covered by a tax levy, they would be looking for another source of funds to pay the debt service. Lambert said they are not proposing to ask a corporate sponsor to fund the entire cost of construction. They would be asking the sponsor to cover the difference between the $1 million the City can cover through revenue bonds and the actual cost of the arena, which is expected to be $3 to $4 million. The Community Center can easily sell 1,500 hours of ice per year on a third rink from October 15 to March 15 when everyone wants ice time. That would cover the $100,000 yearly operating cost, and $1 million of debt would be covered through lease revenue bonds. Uram said that depends on how the City structures the bonds. They can have level debt payments or start with a lower debt service payment and then gradually increase it. Case inquired if it is correct to say City Staff is not concerned about having to support the $1 million plus the $100,000 operating costs in the next five years; it is really beyond five years that the City is concerned about. Uram replied even if it is not a financial cost to the City, there are intangible costs. Butcher asked if the Hockey Association had offered some funding assistance. Lambert replied the Hockey Association indicated it would apply for a Mighty Ducks grant of$250,000 and that they would match that amount. He assumed they would be able to provide$250,000, even without the Mighty Ducks grant. Mayor Harris asked what is the possibility that fees would decline as ice is built in the area. Lambert replied that in the Task Force Report they anticipated the fee being $140 per hour for the next 20 years. It is more likely that 20 years from now, during the winter months, the fee will be $200 per hour. Fees for ice time from March until October is going in the other direction, however, because that is when there is competition between rinks to sell ice time. Very likely, over the next 20 years there will be one or two rinks not operating at all in the summer. In the first years of having a third rink, the Community Center would probably sell time in the summer months, but they did not count that time in the Task Force Report. Minnetonka is talking about building a third rink. Staff will monitor what is going on in the communities around Eden Prairie, and if a couple of other rinks are built before the City's gets built, Staff would do another feasibility study, because the area is close to being saturated with rinks. Mayor Harris said, before making a commitment, Council should consider what the impact on the City would be in terms of its strategic planning and capital improvements, etc. /6 CITY COUNCIL MINUTES June 6,2000 Page 17 Tyra-Lukens said she would like to see that information, but to bear in mind that the task force was conservative in their figures. However, it would be good to know how much this would impact the City in terms of other debt. Lambert said the task force had that same discussion and so they ratcheted down the number of hours the Community Center could sell and compared their figures with Edina, which is similar in size to Eden Prairie. The report was conservative and only talked about what they know they can sell in the winter, and they believe they can sell 1,200 to 1,500 hours. Regarding the financing, he asked if the Council is comfortable with the $1 million referendum. The City would be building a $4 million facility and the bond people would be pleased if somebody else is funding the other $3 million, because the risk would be on the entire facility and the City only has to sell bonds for one-fourth of the cost. Uram said what Staff will do is look at the debt structure and put numbers to it. He recommended minimizing the term by looking at a 10-15-year debt structure so the City could get it off the books. Case referenced the three conditions requiring Council approval, which the Program Board listed. He pointed out that if the first two conditions work out, the third one becomes much less of a concern. He would support the Hockey Association going ahead. The City subsidizes hockey now, as well as other sports. If the City were looking at liability of $10,000 a year, Council would consider that reasonable. Enger said if the Hockey Association is going out in earnest to get a$2-$3 million commitment, they need to know the City is willing to go forward with this. If the Hockey Association can obtain funding, that has no bearing on the risk the City is expecting to cover for the $1 million. It has nothing to do with the idea that the ice arena might cost $3-$4 million. It only has to do with how many hours of ice can be sold to cover the debt service. He didn't believe it made any difference whether the City obtains other funding commitments as to what the bond rating would be and the risk to the City. Staff needs to find out if Council wants to minimize the term down to 10 or 15 years,because that might support less than$1 million in debt. That makes the gap bigger and the Hockey Association needs to know this before going out to raise money. Staff could come back with this information for the next Council meeting. Case said Eden Prairie built the transportation hub with two other cities. He believed there could be partnership potential with Minnetonka, Chanhassen or Chaska. He asked if Council shouldn't direct Staff to pursue contact over the next month and see if that holds any possibility whatsoever. Mayor Harris said this was a very good idea and should be included in all Council motions. Enger said this would directly follow the efforts for the joint public safety training facility in collaboration with five other communities. CITY COUNCIL NIINUTES June 6,2000 Page 18 MOTION: Butcher moved, seconded by Case, to evaluate the risk of$1 million in debt and $100,000 in annual operating costs against anticipated revenues to support this project. Motion carried 4-0. Mayor Harris said there should be other directions to Staff, as there are implications beyond the commitment of land. MOTION: Tyra-Lukens moved, seconded by Case, to direct City Staff to work with the School District to monitor parking at the High School, Community Center, and Round Lake Park for one year based upon all new uses, to determine adequacy of parking should a third rink be added at this site; and determine the general impacts of the proposed third rink on the High School, Community Center and parking facilities and activities; and obtain School District permission for siting the third rink utilizing a part of the High School Property. Motion carried 4-0. Lambert explained that it might be difficult to do a joint project for a multi- community arena. The City would need to have at least 1,278 hours available for the Eden Prairie Hockey Association. It will be difficult for the City to find enough hours between October 15 and March 15 to rent to other cities. They would ask what they are going to get out of it, because there would not be any ice time to share. This sounds like a good idea, but the ice time isn't there to be shared with other communities. MOVED: Butcher moved, seconded by Tyra-Lukens, to direct the Eden Prairie Hockey Association to demonstrate the financial feasibility of a third rink, at no cost to the City, by obtaining funding commitments necessary to cover the balance of the cost of the facility ($2-$3 million) prior to further City Council Action. Motion carried 4-0. XI. APPOINTMENTS A. APPOINTMENT TO EDEN PRAIRIE FOUNDATION Mayor Harris thanked Councilmember Butcher for serving on the Eden Prairie Foundation for the past four years. As she is not able to continue, Mayor Harris said she asked Councilmember Tyra-Lukens to serve as the new Council representative and she has agreed. Councilmember Butcher was appointed as alternate representative when Councilmember Tyra-Lukens is unable to attend meetings. Council agreed to these appointments by consensus. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Ic6 CITY COUNCIL MINUTES June 6,2000 Page 19 1. Councilmember Sherry Butcher's Report on the Eden Prairie Foundation Councilmember Butcher asked everyone to watch for a publication that the Eden Prairie Foundation recently published. The publication reviews the Foundation's mission and commitment to the community and provides a way for the foundation to raise funds. 2. Councilmember Sherry Butcher's Request for a Workshop Councilmember Butcher referenced the previous City Council meeting, when she talked about the people the City has contracted with to provide services, and about having these people come to one of the workshops to describe what they do for the City. She asked Staff to set up a workshop where that could take place. The other request she had was if this could be done in the Council Chambers in order for other people to see this presentation. Enger said Staff would provide a date when this can be done. B. REPORT OF CITY MANAGER 1. Special Assessment Workshop Enger said there are a number of special assessment issues coming up and this would be an opportunity for the Council to talk about the philosophy of how those special assessments are done. He suggested doing this at the June 20 Council Workshop. Also,the State Legislature has eliminated levy limits for the next year, and discussion with the Council would be important as to how this falls into the City's budget year and to discuss other related organizations such as Southwest Metro Transit. Southwest Metro Transit had agreed with all the cities in the region to keep their levies at the same amount. They have now requested having the levy higher than the City has. He would like to discuss this with the Council. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Water Quality Proposal for Round Lake Lambert referenced the plan authorized by Council earlier this year for staff to use the money originally budgeted for operating the swimming beach at Round Lake to provide a swimming curtain and pump fresh water behind the curtain through aeration. The goal was to be able to open the swimming beach in 2001 by maintaining clean enough water behind the curtain and to discourage geese from using the area. ' 9 CITY COUNCIL MI UTES June 6,2000 Page 20 Since that time, Lambert met with a company called Greener Pastures Development Corporation. It has developed a product called "Clarify" that contains micro organisms, which consume a wide range of manmade pollutants to clean up small ponds. The City had contracted with them to clean up the ponds by the water treatment plant. Mark Miles, CEO of Greener Pastures,believes they can clean up Round Lake,bringing it from a eutrophic condition to a low meseutrophic condition by the end of the summer. After reviewing the Barr Engineering Company's reports, Mr. Miles is quite sure he can make some significant changes to Round Lake by September 1. Lambert calls this an experiment because they have not done a lake of this size and depth. Mr. Miles has indicated that the first year cost to clean Round Lake and the adjacent ponds would be $40,000. If it works the cost will go down each year after that. Staff believes the concept should work on lakes as well as ponds. The original estimate was $50,000 to clean up the lake using a swimming curtain and pumping fresh water behind that curtain. It also included a plan to keep the geese out. Staff recommends delaying any investment in a water curtain until determining the results of this proposal by Greener Pastures. Lambert referenced three options to make improvements at the beach, which were previously distributed to Council. Option B was recommended by Staff. This includes a barrier tied to boulders under the water to keep the geese out. The City also wants to extend the stone fence from the playground area. They would also discourage geese by putting pepper spray on the grass, using a dog to harass the geese, and also removing geese from the area. Staff recommends the Council request the Watershed District to do this as a joint project, splitting the cost, and to monitor water quality to determine if this truly is the answer to long-term water quality improvement of Eden Prairie's lakes and ponds. • Case asked how the City would fund the cost if the Watershed District declines. Lambert replied this amount was budgeted to operate the beach this summer. However, he believed the Watershed District would be willing to find out if the Greener Pastures' system works. Butcher pointed out that if it does work it would save the City a lot of money. Lambert said it would also save the Watershed District a lot of money because they are obligated to clean up all the lakes and ponds in the City. MOTION: Butcher moved, seconded by Case, to authorize staff to enter into a contract with Greener Pastures Development Corporation, Inc., to treat Round Lake and the detention pond directly serving Round Lake, to bring the water quality to a TSI reading of 38 or less by September 1, 2000, and further to petition the Riley-Purgatory-Creek Bluff Watershed District to consider sharing the cost of this pollution reduction effort and ao CITY COUNCIL MINUTES June 6,2000 Page 21 conducting the water quality monitoring before, during, and after treatment during the summer of 2000. Motion carried 4-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 1999 Comprehensive Annual Financial Report(CAFR) Uram introduced Steve Wischmann, a manager in the accounting firm of Kern, DeWenter, Viere, Ltd., which reviewed the City's annual financial report. Mr. Wischmann said the City received an unqualified certificate of achievement,the highest that can be achieved. About 70 percent of the City's revenues come from property taxes, 21 percent from licenses and general services. Expenditures were up a little over 4 percent from 1998,but under the budgeted amount. The accounting firm will issue a separate report for new financial standards coming in 3- to 4 years that will materially change the way things are presented in the financial report. The company will work with` Staff on this. Uram said the new standards Mr. Wischmann referred to will be discussed with Council in a future workshop. It makes sense to implement this over the next couple of years. • MOTION: Tyra-Lukens moved, seconded by Case, to accept the 1999 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR • F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION • Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 —6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important, if you wish to visit with the City Council and Service Area Directors at this time, that you notify the City Manager's office by noon of the meeting date with your request. (D.1 CITY COUNCIL MINUTES June 6,2000 Page 22 XIV. ADJOURNMENT MOTION: Tyra-Lukens moved to adjourn the meeting. Mayor Harris adjourned the meeting at 10:15 p.m. D CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20,2000 SERVICE AREA/DIVISION ITEM DESCRIPTION: Proclaim July ITEM NO. Recreation and Parks Month Parks &Recreation Services Tria Mann,Arts&Special Events Coordinator Requested Action Move to: Proclaim July as Eden Prairie Parks and Recreation Month Synopsis The National Recreation and Parks Association designates July as Recreation and Parks Month.The Eden Prairie Parks & Recreation Service Area uses this nationally recognized month to bring attention to the contributions that parks and recreation give to the community's well-being as well as challenge residents to become acquainted with the parks and recreation facilities,programs, and services that are offered in Eden Prairie. Attachments Proclamation • • PROCLAMATION JULY IS EDEN PRAIRIE PARKS AND RECREATION MONTH Whereas, parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow,and develop into contributing members of society, and Whereas, parks and recreation create lifelines and continues life experiences for older members of our community, and Whereas, generating opportunities for people to come together and experience a sense of community through fun recreational pursuits, and Whereas, park and recreation programs provide outlets for physical activities, socialization, and stress reducing experiences, and Whereas, parks, playgrounds, nature trails, open spaces, and cultural, and historical sites make our community an attractive and desirable place to live, work, play, and contribute to our ongoing vitality, and Whereas, parks, trails, and open space provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving our natural environment, and • Whereas, parks and recreation programs touch the lives of individual families, groups, and the entire community which positively impacts upon the social, economic, health and environmental quality of our community. NOW, THEREFORE,BE IT RESOLVED,that the City of Eden Prairie proclaims July is Recreation and Parks Month and encourages all citizens to celebrate by participating in park and recreation. Jean L. Harris,Mayor CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List &Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. New Liquor License—New Ownership Champps Operating Corporation (Formerly owned by Prairie Restaurant Group,Inc.) Dba: Champps Americana See attached memo Commercial Lawn Fertilizer Applicators • C N `R Lawn Care, Inc. Rainbow Tree Co. June 20,2000 - 1 - [-POLICE odor" MEMORANDUM prairie TO: Chief Jim Clark THROUGH: Sgt. Dennis Paulson FROM: Cpl. Joyce Holte Conley DATE: June 12, 2000 SUBJECT: Liquor License Investigation: Champps Operating Corporation Prairie Restaurant Group Inc. has been purchased by Champps Operating Corporation. They are still doing business as Champps Americana and they have maintained the same manager, John Pappas. I have completed background checks on the following individuals from the new Corporation: • Frederick John Dreibholz • Donna Louise Depoian • William Henry Baumhauer Based on the results of the investigation at this time, I see no reason to deny their application. CITY COUNCIL AGENDA DATE: 06-20-00 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: • Community Development Bryant Lake Park—Phase II Donald R.Uram Krista Flemming Requested Action Move to: • Approve 2"a Reading of the Ordinance for PUD District Review with waivers within the Rural Zoning District on 167.6 acres. Synopsis Hennepin Parks proposes to add 4 parking lot areas with a total of 85 spaces, 2 restroom facilities, a picnic shelter, and additional paved trails throughout the park consistent with the master concept plan approved in 1993. The project is located West of Rowland Road, north and east of Bryant Lake. Attachments 1. Ordinance for PUD District Review BRYANT LAKE REGIONAL PARK—PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2000-PUD-11-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Rural Zoning District 18-2000-PUD-11-2000 (hereinafter "PUD-11-2000-Rural"). Section 3. The City Council hereby makes the following findings: A. PUD-11-2000-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2000-Rural is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2000-Rural are justified by the design of the development described therein. D. PUD-11-2000-Rural is of sufficient size, composition, and arrangement that its construction,marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. E. PUD-11-2000-Rural grants the following PUD waiver: • Shoreland setback waiver from 200 feet to 148 feet for the restroom facility. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural District and shall be included hereafter in the Planned Unit Development 11-2000-Rural, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of June, 2000, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of June, 2000. • ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on • Exhibit A BRYANT LAKE REGIONAL PARK-PHASE II . Legal Description: That part of the Northeast Quarter of the Northwest Quarter of Section 2,Township 116,Range 22, Hennepin County,Minnesota lying westerly of the centerline of Rowland Road as traveled July 9, 1981. Also: That part of Government Lot 3, Section 2,Township 116,Range 22,Hennepin County,Minnesota lying southerly and westerly of the centerline of Roland Road as traveled July 9, 1981. Also: That part of Government Lot 1, Section 2, Township 116,Range 22,Hennepin County,Minnesota lying northerly of Registered Land Surveys No. 1421 and 1448. Also: That part of Government Lot 2, Section 2,Township 116,Range 22,Hennepin County,Minnesota except that part lying northeasterly of the centerline of Roland Road as traveled July 9, 1981. Also: That part of the Northeast Quarter of the Southeast Quarter of Section 2, Township 116,Range 22, Hennepin County,Minnesota lying southerly of the centerline of Rowland Road as traveled July 9, 1981 and easterly of the plat of GOLDEN RIDGE HILLS except the following described tract: Beginning at the northeast corner of Lot 3, Block 2, GORLDEN RIDGE HILLS; thence westerly along the north line of said Lot 3 a distance of 150.00 feet; thence northerly,parallel with the east line of said Section 2, a distance of 300.00 feet;thence easterly,parallel with the north line of said Lot 3, a distance of 150.00 feet to the east line of said Section 2;thence southerly along the east line of said Section 2, to the point of beginning. Said tract contains 1.0 acre more or less. Also: • The East 8.85 chains of the Southwest Quarter of the Northeast Quarter of Section 2,Township 116, Range 22,Hennepin County,Minnesota lying southerly of the centerline of Roland Road as traveled July 9, 1981. Also: That part of the Southwest Quarter of the Northeast Quarter of Section 2,Township 116,Range 22, Hennepin County,Minnesota lying westerly of the East 8.85 chains of the Southwest Quarter of the Northeast Quarter and southerly of the centerline of Roland Road as traveled July 9, 1981. BRYANT LAKE REGIONAL PARK—PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 18-2000-PUD-11-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 6800 Rowland Road within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) • .5 CITY COUNCIL AGENDA DATE: 06/20/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram \/ Mike Franzen Wingate Hotel C Requested Action Move to: • Approve 2"d Reading of the Ordinance for PUD District Review and Zoning District Change; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Wingate Hotel. Synopsis This project is for a 106 unit hotel and a concept plan for a 7,000 sq. ft. restaurant located at 7900 and 8000 Mitchell Road(former City police station). Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement 1 WINGATE HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2000-PUD-9-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-5 Zoning District and be placed in the Planned Unit Development C-Reg-Ser Zoning District 16-2000-PUD-9-2000 (hereinafter"PUD-9-2000-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 20, 2000, entered into between Eden Prairie Hotel Group, LLC, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-2000-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2000-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2000-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2000-C-Reg-Ser are justified by the design of the development described therein. D. PUD-9-2000-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. a Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the I-5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2000-C-Reg-Ser and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of April, 2000, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of June, 2000. ATTEST: Kathleen A.Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A Wingate Hotel Legal Description: Parcel A: That part of Outlot B, COOPERATIVE POWER ADDITION, lying south and west of Parcel 76 A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof, Hennepin County,Minnesota. Parcel B: That part of the East Half of the'Northeast Quarter of Section 16, Township 116, Range 22, Hennepin County,Minnesota, described as follows: Beginning at a point 1885.16 feet North and 33 feet West of the southeast corner of said Northeast Quarter; thence northerly along a line parallel with and distant 33 feet westerly from, as measured at a right angle to, the east line of said Northeast Quarter a distance of 285.16 feet; thence westerly, deflecting to the left 87 degrees 04 minutes a distance of 274.89 feet; thence easterly to the point of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. Parcel C: That part of the East Half of the Northeast Quarter of Section16, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Northeast Quarter; thence north along the east line of said Northeast Quarter a distance of 1600.00 feet; thence westerly at right angles 33.00 feet to the point of beginning; thence continuing westerly at a right angle to said east line 407.00 feet; thence northerly deflecting to the right 90 degrees 02 minutes 274.85 feet; thence easterly to a point 33 feet west of said east line and 285.16 feet to the point,of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. LI WINGATE HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WINGATE HOTEL BY EDEN PRAIRIE HOTEL GROUP,LLC WHEREAS, Eden Prairie Hotel Group, LLC, has applied for Site Plan approval of Wingate Hotel on acres for construction of a 106 unit hotel to be zoned in the C-Reg-Ser Zoning District on 2.89 acres by an Ordinance approved by the City Council on June 20,2000; and WHEREAS,the Planning Board reviewed said application at a public hearing at its March 27,2000 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its April 18, 2000,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie Hotel Group, LLC, for the construction of a 106 unit hotel and 6,603 square foot restaurant, based on plans dated April 6,2000,between Eden Prairie Hotel Group, LLC,and the City of Eden Prairie. ADOPTED by the City Council on June 20,2000. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT WINGATE THIS AGREEMENT is entered into as of June 20, 2000, by Eden Prairie Hotel Group, LLC, an Illinois Limited Liability Company,hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as"City": WITNESSETH: WHEREAS,Developer has applied to City for Guide Plan Amendment from City Service to Regional Commercial on 5.25 acres;Planned Unit Development Concept Review on 5.25 acres; Planned Unit Development District Review with waivers on 2.89 acres;Zoning District Change from I-5 to C-Reg-Ser on 2.89 acres; Site Plan Review on 2.89 acres; and Preliminary Plat on 5.25 acres into 2 lots, legally described on Exhibit A(the"Property"); NOW, THEREFORE,in consideration of the City adopting Resolution No. 2000-66 for Guide Plan Change, Resolution No. 2000-67 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District change from I-5 to C-Reg-Ser,Resolution No. for Site Plan Review, and Resolution No. 2000-68 for Preliminary Plat,Developer agrees to develop, construct, and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated April 6, 2000,reviewed and approved by the City Council on April 18, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements,and conditions set forth in Exhibit C. 3. CONSTRUCTION COORDINATION WITH MINNESOTA DEPARTMENT OF TRANSPORATION FOR ADJACENT HIGHWAY 212 PROJECT: Developer agrees that the grading, construction of utilities, parking lot and driveway entrances plans for the Property are conceptual. Prior to issuance by City of any permit for the construction of the site improvements, Developer shall submit final plans for the site improvements that are coordinated with the proposed improvements by MNDOT on adjacent TH 212 and Mitchell Road. Developer further acknowledges that MNDOT retains temporary easements over portions of the Property for construction of TH 212. Developer shall coordinate the construction of site improvements with MNDOT's construction of TH 212 improvements. 4. CROSS ACCESS,PARKING,AND MAINTENANCE AGREEMENT: Prior to release of the final plat for any portion of the Property, Developer shall provide a signed cross access,parking and maintenance agreement between proposed Lot 1,Block 1,and proposed Lot 2, Block 1, Wingate Hotel. This Agreement shall address joint vehicle access and maintenance in parking areas,driveways and storm sewers. All of these facilities shall be 6 privately owned and maintained by Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access, parking and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. • 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property construction thereon or failure to fulfill an obligation imposed upon Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures. to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 8. FUTURE DEVELOPMENT: Prior to any development or construction on proposed Lot 1,Block, 1,Wingate Hotel, as depicted in Exhibit B (proposed 7,000 sq. ft.restaurant site), Developer shall submit detailed development plans, and all other submittals required by the City Code, and obtain approval of those plans and submittals by City Council. 9. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain City Engineer's written approval of a final grading and drainage plan for the Property. The final . grading and drainage plan shall include all water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the land alteration bond, Developer shall certify to City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property,Developer shall complete implementation of the approved plan. . . Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit,Developer shall submit to City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all • boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys to the City. 10. IRRIGATION PLAN: Developer shall submit to City Planner and receive City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that the irrigation system shall be designed such that water is not directed on or over public sidewalks or trails. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 11. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to City Planner and receive the City Planner's written approval of a final landscape plan for the Property as depicted on Exhibit B. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to City Planner and receive City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved landscape plan, as depicted in Exhibit B, in accordance with the terms and conditions of Exhibit C. 0 12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and receive City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air- conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by City Planner,in the City Planner's sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses,then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by City Planner. Developer agrees that City will not release the security provided until Developer completes all such corrective measures. 13. PERFORMANCE STANDARDS: Developer agrees that the Property and facility will be operated in a manner meeting all applicable noise,vibration, dust and dirt, smoke, odor and glare laws and regulations. 14. PRETREATMENT PONDS: Prior to issuance of the land alteration permit for the Property,Developer shall submit to City Engineer and receive City Engineer's approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property,Developer maybe required to provide to City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation,erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 15. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the C-Reg-Ser Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2000-67: • Minimum side yard parking setback from 10 feet to 0 feet • Minimum front yard parking setback from 35 feet to 17%feet • Minimum side yard structure setback from 20 feet to 13 feet • Maximum floor area ratio from.40 to .58 16. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to City Chief Building Official, and obtain City 9 Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 17. SIDEWALK/TRAIL EASEMENT AND CONSTRUCTION: Developer shall submit to City Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey sidewalk/trail easements (Exhibit F) for such sidewalks/trails in such locations as determined by the Parks and Recreation Services Director, depicted on Exhibit B, prior to release of the final plat for any portion of the property. Sidewalks and trails shall be constructed in the following locations: A. City and Developer agree that the Minnesota Department of Transportation (MNDOT)will be allowed to construct the sidewalk in connection with the Highway 212 improvements. In the event that MNDOT cannot construct these improvements by July 1, 2001, Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C. Prior to release of the first building permit for the Property,Developer shall submit evidence to City Forester that the approved Sidewalk/Trail Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 18. SIGNS: Developer agrees that for each sign which requires a permit by City Code, Section 11.70,Developer shall file with City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform City of the kind, size,material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 19. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 20. STREET AND UTILITY PLANS: Prior to issuance by City of any permit for the construction of streets and utilities for the Property,Developer shall submit to City Engineer, and obtain City Engineer's written approval of plans for public streets, and public storm /o sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value to City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 21. TREE LOSS -TREE REPLACEMENT: There are 1,226 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 601 diameter inches. Tree replacement required is 392 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 392 caliper inches. Offsite tree replacement and landscaping for 258 caliper inches will be allowed on the City Water Treatment facility site, or within specified medians associated with the overall City's "Marketcenter" area landscaping improvements. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to release of the landscaping bond. 22. SPECIAL ASSESSMENT AGREEMENT FOR TURN LANE AND SIDEWALK CONSTRUCTION: Developer agrees the costs to construct the turn lane and sidewalk (beyond the scope of work as defined by MNDOT for TH 212 improvements) on Mitchell Road into the Property, as depicted in Exhibit B attached hereto, are the Developer's responsibility. The City shall request that MNDOT include the construction of the turn lane and sidewalk within the construction of the existing MNDOT project construction for TH 212 and Mitchell Road. Prior to release of a final plat for any portion of the Property, Developer agrees to sign the Special Assessment Agreement attached hereto as Exhibit G for the assessments for construction of the turn lane and sidewalk. In the event that MNDOT does not include the turn lane and sidewalk within MNDOT's TH 212 construction, Developer shall then be responsible for the construction of the turn lane and sidewalk by July 1, 2001. 23. WETLAND PLAN: A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to City a Wetland Buffer Strip Vegetation Evaluation Report("Buffer Report")in accordance with the Wetland Plan and City Code requirements. If any unacceptable vegetation is identified by City, the wetland buffer strip shall be graded and reseeded or replanted(thereon known as"Landscaping", or"Landscaped")by Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,Developer shall submit a signed statement by a qualified wetland consultant, as determined by City Manager, stating that the wetland buffer strip 11 vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. Developer shall also submit a signed contract with a qualified wetland consultant, as determined by City Manager, to submit a final Buffer Report. The,final Buffer Report shall evaluate the wetland buffer strip vegetation after completion of two full growing seasons and shall evaluate the wetland buffer strip vegetation to determine if the wetland buffet strip vegetation remains in compliance with all City requirements. If any unacceptable vegetation is identified, the buffer shall be Landscaped by the Developer within 90 days of submission of the final Buffer Report. B. Wetland Delineation: Prior to the issuance of a land alteration permit to grade on the Property,Developer shall obtain written verification of the wetland delineation from the Purgatory Creek Watershed District for Developer's delineation of all wetlands on the Property. C. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit E) for review and written approval by the Environmental Coordinator, for the area delineated on Exhibit B. Prior to release of the first building permit for the Property,Developer shall submit evidence to City Environmental Coordinator that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Plan/Performance Bond: Developer shall submit to City Environmental Coordinator and receive City Environmental Coordinator's approval of a Wetland Plan prior to issuance of the land alteration permit. The approved Wetland Plan shall be consistent with the materials shown on Exhibit B. Developer shall furnish to City Environmental Coordinator and receive City Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable City Manager equal to 150%of the cost, as estimated by City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on Exhibit B and as required by City Code. Said performance bond, cash escrow, letter of credit or other guarantee shall cover two full growing seasons following completion of the development. lD.,. WINGATE HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2000-PUD-9-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE ZONING DISTRICT, AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 7900 and 8000 Mitchell Road from I-5 Industrial to C-Reg-Ser Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 13 Exhibit A Wingate Hotel Legal Description: Parcel A: That part of Outlot B, COOPERATIVE POWER ADDITION, lying south and west of Parcel 76 A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof,Hennepin County, Minnesota. • Parcel B: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22, . Hennepin County,Minnesota, described as follows: Beginning at a point 1885.16 feet North and 33 feet West of the southeast corner of said Northeast Quarter; thence northerly along a line parallel with and distant 33 feet westerly from, as measured at a right angle to, the east line of said Northeast Quarter a distance of 285.16 feet;thence westerly,deflecting to the left 87 degrees 04 minutes a distance of 274.89 feet;thence easterly to the point of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. Parcel C: That part of the East Half of the Northeast Quarter of Section16,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the southeast corner of said Northeast Quarter;thence north along the east line of said Northeast Quarter a distance of 1600.00 feet; thence westerly at right angles 33.00 feet to the point of beginning; thence continuing westerly at a right angle to said east line 407.00 feet; thence northerly deflecting to the right 90 degrees 02 minutes 274.85 feet; thence easterly to a point 33 feet west of said east line and 285.16 feet to the point of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. CITY COUNCIL AGENDA DATE: June 20, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Eden Prairie Center 9th - - ,/ Engineering Services Addition V I D Randy Slick • Requested Action Move to: Adopt the resolution approving the final plat of Eden Prairie Center 9th Addition • Synopsis This proposal consists of a 41,670 square-foot expansion to the Target store: The Target expansion will be south, towards the mall and north into the existing parking area. The result of this requires the minor adjustment of the existing property lines. Therefore,Lot 1, Block 1,Eden Center 4th Addition and Lot 1,Block 1,Eden Prairie Center 8th Addition are being replatted. Background Information • The preliminary plat was approved by the City Council March 21, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 2, 2000. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$872.00 • The requirements as set forth in the Developer's Agreement Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 9TH ADDITION WHEREAS,the plat of Eden Prairie Center 9th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, 'THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Eden Prairie Center 9th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 20,2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. • ADOPTED by the Eden Prairie City Council on June 20, 2000. Jean L.Harris, Mayor ATTEST: SEAL Kathleen A.Porta,.City Clerk • n h J / 311867 LI7i h /r�a 1,u`r c.�C _j— ZZ --- --= _� x — Y - s. b$ N / Vl i \ / I no CCU i 'ar7A 7�'! \ , ci a;7 / a .P* if.: \ / zl li nn" X, ., q oo OS a y3/ a onYv>� ,t r� ao,000s•v iis O\ i =*� Vim` 'C ��c 49 Et C3 4J LJ n L. 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Po�•62 f- • 11 W Grp n $> Os% W Ija } .yyw.ec `C / n x �A tb. n Iaa ��b =tl Z C) 4 ! e'.y ii fl C. I I "6' 1 . _ /i ft �� I LJ I rt s „ t IA .11.00 0C ,-4-!, . G.i N0 fit('� , ri / L, IS�°sos i b Q`� I O3 a 4.RI! g9.o4 • 1 - 10600� 9.12� 1 � o f�_ 1�S N82'}S'S9'E P N82 35'39�E • ���— .t16 89 n 0•� 8 IIIr^� I �+ 11.,. r.r \•E II4� 11 Q T.1 S�-\a f S'1��'7. -� I -`�---.owc.C�01 1 I sr.0 CITY COUNCIL AGENDA DATE: June 20, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Flagship 2nd Addition Engineering Services Y I t g Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Flagship 2`d Addition • . Synopsis This proposal is located along the west side of Prairie Center Drive, between Technology Drive and Singletree Lane. The plat consists of 9.2 acres to be divided into two lots and one outlot. Lot 1 is the proposed site for a 150,300 square-foot, four story office building. Lot 2 is an existing parking lot. • This is a replat of Lot 2,Block 1, and Outlot A,Flagship Addition Background Information The preliminary plat was approved by the City Council February 16, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 7, 1999 Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,002.80 • Receipt of street lighting fee in the amount of$1,625.40 • Execution of Special Assessment Agreement for the total cost to design and construct a median opening in Prairie Center Drive and costs for construction/use of the regional pond on adjacent property to accommodate storm water from the property • The requirements as set forth in the Developer's Agreement • Completion of vacation of underlying drainage and utility easements • Prior to release of final plat, Developer agrees to dedicate Outlot A to the City of Eden Prairie • Prior to issuance of Building Permit, Developer shall enter into cross-access and maintenance agreements with respect to the driveway easements with the City and Flagship Athletic Club • Execution of special assessment agreement for the full cost of signal design and construction at main entrance on Prairie Center Drive • Variance granted from City Code 12.20 Subd.2.4. waiving the six-month maximum time lapse between preliminary plat and fmal plat. Attachments Drawing of final plat 1 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF FLAGSHIP 2ND ADDITION WHEREAS, the plat of Flagship 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Flagship 2"d Addition is approved.upon compliance with the recommendation of the City Engineer's report on this plat dated June 20,• 2000. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. • C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 20, 2000. • Jean L.Harris,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk D 1'21_1k v 1 El 3 _ y.10 to h �' O EW ' IF e 3 J m zz ° 11 -- 0 i W W r'� - Ld -- I JJ'' , z`00 � � rs ^ � a S. of Vic J,c;/ /1 '�I '; fn 4 V' J 32 a %.%' � 5 V1 < /s�, I ` r . 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"fee i J o ;} CJr/// r. `ygy 1 `Vh ?,r. �' ,,,, •40 // / `°s 43/ /) .En,.... .. a ,9 i... f 1 ti n r/ 18 4,.. 6 ^j N / 1°1 ��`J f /J'' ` o` r �I ;� \ J 1 ao• hll,5326ili 56 g' / a • o k L l d `9 i /•rJ / "\ LIj h$b o•. b e ` -'\r P sh H7--/ J.--/ �/ pa FI 3<3 ) C) ~z�\ is yb R5°E I -. / ! / ti , — / tray 3.G1,IC.0.5 3. os .~ 96/0Z ) ' hY/I r�950fy /:a. 41„96/S.O N 9 sp. .` HIL Y « i` f C�6 Y� / /y `ta; ``� i $ `f L. i %•--41' .., r/ zt i s i \ /] 1 44 , \ / ' , gv o-• / \ T qy l i IIt `� / ff I •°f / ' dsi i ' / --- ' ` FL...! • CITY COUNCIL AGENDA DATE: June 20, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Lincoln Parc Engineering Services .i.J- Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Lincoln Parc • Synopsis This proposal is located in the Northwest Quadrant of Singletree Lane and Eden Road intersection. The one-lot plat consists of 4.83 acres to be developed into a 246,000 square foot four story building with various commercial retail on the first level and rental apartments on the upper three levels. This is a replat of Lot 4,Block 1 Eden Prairie Market Center. Background Information The preliminary plat was approved by the City Council June 1, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 20, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$526.47 • Receipt of street lighting fee in the amount of$1,480.62 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Prior to release of the final plat, Developer shall enter into a cross-access and maintenance agreement. This agreement shall address joint vehicle access and maintenance for the driveway to the City water tower. • Variance granted from City Code 12.20 Subd.2.4. waiving the six-month maximum time lapse between preliminary plat and final plat. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LINCOLN PARC WHEREAS,the plat of Lincoln Parc has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Lincoln Parc is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 20, 2000. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the'six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 20, 2000. • Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk a ei _ s S afi a 5 s5!` k2 1 E 5 ° P. otR s`° ±' Igg or 'z-g.g y O i i h- STh r E ~p g ¢ a " a _ta 5, a c 3 0 5 ai SS= S 3 a $ ° is a y s e a � � E 8 'g f—fir . 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Jra r— T7.t j"� t--uvcc wwn •t+`s K rye % :\ "^os uwt `lLLaOtts // I4L N 1 / 1 I 1 3 CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Consent SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Lincoln Parc Apartments-Project Management &Financial Services: Agreement Don Uram ' David Lindahl Requested Action: Move to: Authorize the Mayor and City Manager to execute a Project Management Agreement by and between the City of Eden Prairie and Hartford Associates,LLC, for the Lincoln Parc Apartment project. Synopsis: • The Project Management Agreement specifies: • The terms for the use of Tax Increment Financing and Community Development Block Grant (CDBG) funding. • Repayment obligations of the developer. • General default provisions. • Rent schedules for the affordable units. Background: Lincoln Parc is a 18'6-unit rental apartment proposal to be located on Eden Road next to the City water tower. The developer is proposing use "pay as you go"Tax Increment Financing and a CDBG loan to provide 37 affordable units to persons with incomes below 50% of the median income for the metro area,which is the minimum required when using Tax Increment.Another 102 units will be affordable to persons with incomes below 80% of the area median. The balance of units (47)will rented at market rates. Attachments: Project Management Agreement t PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE(CITY) AND HARTFORD ASSOCIATES,LLC(DEVELOPER) THIS PROJECT MANAGEMENT AGREEMENT is made as of ,2000 between THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota(the"City"),and the Developer,a Minnesota limited liability company. The Agreement consists of: 1. The body of the agreement,pages 1 through 17; 2. Exhibit A,the legal description of the project property,page 18; 3. Exhibit B,the CDBG Amortization,page 19; 4. Exhibit C,the CDBG Note,pages 20 and 21; 5. Exhibit D,the CDBG Mortgage,pages 22 through 37; 6. Exhibit E,the prospective initial rent roll,page 38; 7. Exhibit F,the TIF Note,pages 39 and 40. RECITALS: WHEREAS,the Developer is the owner of that certain real property located in the City and legally described as set forth on Exhibit A,on which the Developer is to construct a 186 unit apartment building(the"Project"); and WHEREAS,to assist the Developer in the financing of the Project,the City has agreed to provide a loan to the Developer in the principal amount of$200,000 pursuant to the terms and conditions of subsection 3.2; and WHEREAS,the City also has agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the"Tax Increment Act"); and WHEREAS,the City and the Developer desire to provide a written agreement with regard to the development and operation of the Project. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Agreement,the parties agree as follows: 1. Defined Terms. When used in this Agreement,the following terms shall have the meanings set forth in this subsection 1. 1.1f Actual Subsidy: the amount by which the market rate rent for comparable units for such period exceeds the rent amount actually received by the Developer for such period. 1.2 Adjusted Annual TIF Payment: an annual portion of the Tax Increment received by the Developer from the City that is less than$349,980. 1.3 Annual TIF Payment: an annual portion of the Tax Increment received by the Developer from the City of$349,980,based upon seventy-five percent(75) of the annual Tax Increment of$466,639. 1.4 CDBG Loan: a loan from the City to the Developer in the original principal amount of Two Hundred Thousand and no/100 Dollars($200,000.00)from Community Development Block Grant Funds. 1.5 CDBG Mortgage: a mortgage on the Project, in the form attached as Exhibit D. securing the CDBG Note and subordinate to obligations incurred as a result of Tax Increment Financing specified in the subsection 3 and 4 of this Agreement. A' 3 1.6 CDBG Note: a promissory note evidencing the CDBG Loan,to be executed and delivered by the Developer to the City in the form attached as Exhibit C, and secured by the CDBG Mortgage. 1.7 Code: Internal Revenue Code of 1986, as amended. 1.8 Low Income Units: Special Units which will be rented to individuals or families whose incomes do not exceed eighty percent(80%) of the Median Income. 1.9 Median Income: the area median gross income for the Minneapolis- St.Paul Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as determined annually by HUD. 1.10 Special Units: the seventy-five percent(75%) of the Project dwelling units which are Low Income Units and Very Low Income Units receiving actual subsidies under this Agreement. 1.11 Tax Increment: the tax increments derived from the TIF District which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act,calculated to be $466,639 annually. 1.12 Term: a period of fifteen(15)years beginning on the date of execution of this Agreement. 1.13 TIF District: Housing Tax Increment Financing District No. 16, created by the City in conformance with the Tax Increment Act,Minnesota Statutes, Section 469.177 , which TIF District includes the Project. 1.14 Total Annual TIF Payments: The sum of the Annual TIF Payments and Adjusted Annual TIF Payments received by the Developer from the City. The Total Annual M. . y Payments during the Term are projected to be a maximum of$5,249,700,but maybe less in the event one or more Adjusted Annual TIF payments are made. 1.15 Very Low Income Units: Special Units which will qualify for the low- income housing tax credit pursuant to Section 42 of the Code and will be rented to individuals or families whose incomes do not exceed fifty percent(50%)of the Median Income. 2. Project Management. The City and the Developer agree that the Developer's management of the Project following completion of construction shall be subject to the terms and conditions set forth in this Agreement,including the remedies for noncompliance set forth herein or otherwise available by law. The Developer agrees that the Project will be completed and operational on or before December 31,2001. If the Project is not completed and operational on or before December 31,2001,other than for reasons outside of the Developer's control,or as agreed to by the City,the City may provide a notice of intent to terminate this Agreement. In the event the Developer has not substantially completed the Project within sixty(60) days following the delivery of the City's notice of intent to terminate this Agreement,Developer shall be in default of this Agreement and subject to all remedies available to the City. 3. City Obligations. 3.1 Subject to all of the terms and conditions of this Agreement,the City agrees to provide,or to make available to,the Developer with regard to the Project the benefits described in this Section 3. 3.2 The City shall make the CDBG Loan. The CDBG Loan shall bear simple interest at the rate of 5%per annum. The CDBG Loan shall be evidenced by the CDBG Note and secured by the CDBG Mortgage. 3.3 The City has established the Qualified Housing District in conformance with Minnesota Statutes, Sections 469.001 to 469.047,formerly Chapter 462. 3.4 The City has created the TIF District. 3.5 If all other terms and conditions of this Agreement have been complied with and performed,the City shall pay to the Developer or its lender up to seventy-five percent (75%) of the Tax Increment in Annual TIF Payments or Adjusted Annual TIF Payments during the Term. The Annual TIF Payments and Adjusted Annual TIF Payments shall be used by the Developer to provide affordable housing units within the Project as described in subsection 4.1 and 4.2. The City's Annual TIF Payments and Adjusted Annual TIF Payments shall be made semi-annually in two (2) equal installments per year,each installment to be paid within ten(10) business days of receipt by the City of property tax revenues from Hennepin County. The City's obligation to make each entire semi-annual payment is expressly contingent upon sufficient Tax Increment being received during each semi-annual period to make each such payment. In the event that Tax Increment received is insufficient to make an Annual TIF payment,the City shall make an Adjusted Annual TIF Payment in proportion to the actual Tax Increment received, i.e. 75 percent of the Tax Increment received. In no event will the City be required to make an Annual TIF Payment or an Adjusted Annual TIF Payment from any funds whatsoever other than those generated by the TIF District. The Total Annual TIF Payments shall be the City's contribution to the Project. 4. Developer's Obligations. 4.1 Tenants. Developer shall provide Special Units as set forth in this subsection and subsection 4.2. Twenty percent(20%)of the dwelling units in the Project(37 Units) shall be Very Low Income Units. An additional fifty-five percent(55%)of the dwelling units(103 units)in the Project shall be Low Income Units. The Developer must reexamine the income of each Special Unit tenant on an annual basis. If the income of a Special Unit tenant did not exceed the applicable income limit upon commencement of such tenant's occupancy of a unit,the income of such tenant shall be treated as continuing not to exceed the applicable income limit until such tenant's income for a year shall exceed one hundred and forty percent(140%) of the Median Income for the year. In the event that a tenant's income exceeds such income limit, the Developer will notify the tenant that the tenant must vacate the Special Unit by the later of the date such tenant's lease expires or six months after the notice. The tenant may occupy another market-rate unit in the Project. 4.2 Rents. Prospective initial rents are shown on Exhibit E. Maximum rent for Special Units shall be based on 1.5 persons per bedroom. The gross rent charged by the Developer for each Very Low Income Special Unit shall not exceed thirty percent(30%)of the imputed income limitation applicable to such unit, as determined under Code Section 42,less any utility allowance for utilities paid by tenants,required by Code Section 42, annually. The gross rent charged by the Developer for each Low Income Special Unit shall not exceed thirty five percent(35%)of the imputed income limitation applicable to such unit, as determined under Code Section 42,less any utility allowance for utilities paid by tenants, required by Code Section 42,annually. 4.3 Notice of Rent Increase. The Developer will provide low-income tenants with written notice at least thirty(30)calendar days before implementing any rent increase. 4.4 Rent Roll. The Developer must submit for the City's review the Developer's initial and subsequent annual rent roll for Special Units. Additionally,the Developer must provide to the City a calculation of Actual Subsidy for each of the Special Units. The Developer will submit anmwally the rent roll, and the City will review the rent roll and will approve any proposed rent roll,provided that such rents are not in excess of the rent limits applicable for Code Section 42 as set forth in subsection 4.2. A prospective initial rent roll is submitted as Exhibit E. Any rent roll submitted by the Developer will be considered approved unless disapproved by the City within thirty(30)business days after submission. The City shall provide written reasons if any rent roll is disapproved. The Developer shall have sixty(60) days following receipt of any notice of disapproval to cure any objections the City has made in its notice of disapproval and to submit a revised rent roll to the City for review and approval as provided for in this Section. The Developer's failure to obtain the City's approval of revised rent rolls during such sixty(60)day cure period,unless such approval is unreasonably withheld by the City, shall constitute a default by the Developer. 4.5 Refusal to Lease. The Developer may not refuse to lease any unit in the Project to a prospective tenant on the basis of the prospective tenant's receipt of, or eligibility for,housing assistance, social security, or other types of public or private assistance. 4.6 Enforcement of Leases, Special Units. The Developer shall emphasize voluntary compliance by all Special Unit tenants with their leases but shall have the right to secure full compliance by tenants with the terms and conditions of their respective leases and may terminate any tenancy when, in the Developer's sole judgment, sufficient cause occurs under the terms and conditions of the tenant's lease. 4.7 Maintenance and Repairs. The Developer shall cause the buildings, appurtenances, equipment,and grounds of the Project to be maintained and repaired according to local codes. 4.8 Utilities and Services. The Developer shall make arrangements for water, electricity,gas,sewage and trash disposal,vermin extermination, decorating,laundry facilities, telephone services,and other utilities and services, as required by law,including the City Code. 4.9 Insurance. The Developer shall obtain and cause to be placed in force all Insurance Required Coverage as set forth in Exhibit D. 4.10 Governmental Orders. Pursuant to this Agreement,the Developer shall execute and deliver to the City the TIF Note,the CDBG Note,and the CDBG Mortgage. Unless under judicial or administrative appeal,protested in good faith by the Developer in accordance with applicable law or regulation,the Developer shall take such actions as may be necessary to comply promptly with any and all orders or requirements affecting the Project which are placed upon the Project by any federal, state,county,or municipal authority having jurisdiction over the Project. 4.11 Records and Reports. The Developer shall establish and maintain a comprehensive system of records,books,and accounts in a manner reasonably satisfactory to the City. The City may inspect the same during regular business hours upon reasonable notice thereof. The Developer shall submit to the City the annual compliance reporting required by the Minnesota Housing Finance Agency(the"MHFA")for the Low-Income Housing Tax Credit Program for Special Units. 4.12 Rent Reduction. The Developer will provide reduced rents for Special Units as described in subsection 4.2 until either: (1)the Termination of this Agreement; (2)the end of the Term: or(3)until all of the Tax Increment specified in Section 3.5 is paid,whichever occurs first. q 4.13 Additional Debt. The Developer will not incur debt, except for non- Project related debt and other than in the Developer's ordinary course of business,without the City's written approval,which approval shall not be unreasonably withheld. 4.14 CDBG Note. Subject to the HUD provisions set forth in Section 14 of this Agreement, CDBG Note interest and principal shall be paid in equal semiannual payments in the amounts stated as"Total"in the loan repayment schedule attached as Exhibit B,commencing on the anniversary of the date the loan is granted in the year 2008,and continuing through and including the earlier of(a)the anniversary of the date the loan is granted in the year 2027,or • (b)a sale or exchange of the Project by the Developer, at which time all CDBG Note principal plus accrued but unpaid interest remaining shall be paid in a lump sum. Each semiannual payment will be applied first to the payment of accrued interest on the CDBG Loan and second, to the extent of any remaining amount,to the payment of principal on the CDBG Loan. 5. Termination of Agreement. This Agreement shall remain in full force and effect unless and until terminated as provided below. 5.1 Termination by Mutual Consent. To the extent allowed by law,this Agreement may be terminated by mutual written consent of the City and the Developer. 5.2 Termination by Right. The Developer shall have the unilateral right to terminate this Agreement at any time following the end of the Term;provided,however, as a condition precedent to such termination prior to the 30-year anniversary of the Agreement,the Developer shall tender to the City the Total Annual TIF Payments which had been previously paid to the Developer by the City and which Developer has not yet provided as Actual Subsidy, and the Developer shall also tender to the City the then-unpaid balance of the CDBG Loan, together with accrued but unpaid interest. /0 5.3 Termination by City for Cause. a. If during the term of this Agreement,the Developer shall fail to comply with the terms of this Agreement,the City may provide notice of such default or failure and, if the Developer fails to cure within sixty(60)calendar days of receipt of notice or such greater time as allowed by City, may terminate this Agreement for cause upon thirty(30)calendar days' written notice to the Developer. Termination of this Agreement for cause shall subject the Developer to the remedies set forth in this Agreement or otherwise. b. Notwithstanding any provision to the contrary,and in addition to any other remedy,unless the termination is under judicial or administrative appeal,protested in good faith by the Developer in accordance with applicable law or regulation,the Developer, in the event that this Agreement is terminated by the City for cause, and upon the receipt of a written demand by the City therefor, shall tender immediately to the City an amount equal to (i)the then unpaid balance of the CDBG Note,together with accrued but unpaid interest and(ii)the amount of the Tax Increment Funds already provided to the Developer and not yet provided as Actual Subsidy. In the event the Developer fails to tender repayment of the CDBG Note in full, plus all accrued but unpaid interest, as required by this provision,the City or its assigns, in addition to all other remedies,may proceed immediately to foreclose its subordinated mortgage on the Project in accordance with the terms of the CDBG Note and the CDBG Mortgage. 5.4 Termination by Developer for Cause. In the event that during the term of this Agreement,the City fails to provide an Annual TIF Payment or Adjusted Annual TIF Payment within ten(10)business days of receipt by the City of Tax Increment from Hennepin County, and the City has received from Hennepin County sufficient Tax Increment to make an Annual TIF Payment or Adjusted Annual TIF Payment,then City shall be in intentional default • of this Agreement. The Developer shall provide written notice of such default, and, if the City fails to cure within thirty(30)calendar days or such greater time as allowed by the Developer, the Developer may either: 1 , a. Commence an action in Hennepin County District Court for specific performance to compel the City to provide to the Developer the Annual TIF Payment or Adjusted Annual TIF Payment,or b. Terminate this Agreement for cause upon thirty(30)days' written notice to the City. If this Agreement is terminated by the Developer for cause due to City's intentional default,the Developer shall not be obligated to repay the City any portion of the Total Annual TIF Payments provided through the date of termination,provided,however,that all Total Annual TIF Payments in the Developer's possession at the time of the termination of the Agreement shall be applied by the Developer to provide affordable housing units within the Project,thus alleviating the hardship which would be caused to tenants if the Project were immediately converted to market-rate rents. The City and the Developer shall agree on the application of said funds to provide affordable housing units, and the City shall have the right to examine the Developer's records to ensure that the Total Annual TIF Payments are being applied to provide affordable housing units within the Project. 5.5 Termination Due to Causes Beyond City's Control. In the event that during the term of this Agreement,the City fails to make an Annual TIF Payment because the City has not received from Hennepin County sufficient Tax Increment to make the Annual TIF Payment,then the City shall have been unable to perform under the terms of this Agreement for reasons beyond its control. The Developer shall provide written notice of such nonperformance, and the City shall have thirty(30)calendar days, or such greater time as allowed by the Developer,in which to determine whether to make the Annual TIF Payment with payments to the Developer of other City funds. If the City elects not to make the Annual TIF Payment,the Developer may terminate this Agreement after written notice to the City. Each time the City fails to make an Annual TIF Payment for reasons beyond its control shall constitute a separate event of nonperformance under this subsection 5.5. Failure of the Developer to terminate this Agreement due to such nonperformance shall not waive the Developer's right to terminate under this subsection 5.5 with respect to any future nonperformance. If this Agreement is terminated by the Developer due to nonperformance beyond the control of the City,all of the Developer's and the City's obligations under this Agreement shall cease, except that any payments made in connection with the CDBG Note must still be repaid to City,in accordance with subsection 4.14. 6. Reduction of Rents. In the event that the Annual TIF Payments and Adjusted Annual TIF Payments are made available to the Developer in an amount equal to seventy-five percent(75%) of the Tax Increment annually during fourteen(14)years of the Term,the Developer shall continue to provide the Low Income and Very Low Income Special Units as provided in this Agreement. 7. Reimbursement. Should the Developer cease to continue providing the Low Income and Very Low Income Special Units as provided in this Agreement,the Developer shall be required to repay to the City the amount of the Total Annual TIF Payments previously received by the Developer and not yet provided as Actual Subsidy. Neither Developer nor any member,partner, shareholder, employee,officer or agent of Developer shall have any personal liability for the Developer's obligations under this Agreement,it being recognized by the City that the obligations of Developer under the TIF Note are nonrecourse obligations. In addition to the provisions of Section 14 hereof that apply when mortgage financing for the Project is insured by the United States Department of Housing and Urban Development("HUD"),the City agrees that the obligation to reimburse Total Annual TIF Payments shall be subject,junior and subordinate in all respects to all mortgage fmancing for the Project provided by a lender or lenders whose loans are not insured by HUD and whose loans in the aggregate do not exceed the fair market value of the Project(determined at the time such loan or loans are initially funded and assuming completion of initial construction of the Project). The priorities provided for in 13 this section shall be applicable irrespective of the timing or order of filing or perfection of this Agreement and such other mortgage or mortgages. The City agrees to execute such other and further documents as may be reasonably requested by such lender or lenders to confirm and reflect the subordination provided for herein. 8. Assignments. 8.1 This Agreement shall inure to the benefit of and constitute a binding obligation upon the City,the Developer, and their respective successors and assigns. Any assignee, successor,buyer, lessee, or transferee of the Developer or the City shall be subject to all of the terms and conditions of this Agreement. 8.2 The Developer may sell,transfer, or assign its interest in the Project and this Agreement to any buyer,transferee,or assignee,which expressly assumes all of the Developer's obligations under this Agreement. 8.3 The City and the Developer understand that it is intended that the Developer be redefined as a new single-purpose corporate entity. The City shall not unreasonably withhold approval of assignment by Developer to the new entity of any and all rights and obligations in this Agreement. 9. Prohibition on Conversion to Occupant-Owned Condominiums. During the Term, the Developer or any assignee, successor, or transferee of the Developer shall be prohibited from converting the Project to condominium occupant-ownership,wherein single units constitute condominiums, and condominiums are owned by occupants. The Developer and the Developer's assigns, successors or transferees may convert the Project to condominium ownership wherein a group of units constitutes a condominium,condominiums are not owned by occupants,and each unit within the condominium is rented,rather than owned,by occupants. If the Project is converted to non-occupant condominium ownership,the Project shall continue to provide Low Income and Very Low Income Special Units as required by this Agreement,and the condominium owners shall be liable for compliance with the terms of this Agreement applicable to their condominiums. Prior to or simultaneously with any conveyance of condominiums allowed under this subsection,the buyer of such condominium shall agree to assume the obligations of this Agreement,and shall execute and deliver to the City a document acceptable to the City assuming such obligations. 10. Financial Statements. Prior to each semiannual payment,the Developer will provide the City an unaudited statement of income and expenses and an unaudited statement of cash flow for the semiannual period to which the payment relates and which reflects the application of the Annual or Adjusted Annual TIF Payment to Actual Subsidy. Within sixty(60) days following the end of each calendar year,the Developer will provide the City an audited set of financial statements of the Development,including a statement of cash flow, setting forth the financial condition of the Development and the results of operation of the Project for the calendar year and which reflects the application of the Annual or Adjusted Annual TIF Payment to Actual Subsidy. 11. Amendments. This Agreement constitutes the entire agreement of the City and Developer, and no amendment or modification shall be valid and enforceable unless in writing, executed,and approved by both parties in the same manner as this Agreement. 12. Notices. Any notice required by this Agreement shall be sufficient if in writing and delivered as follows: To City: The City of Eden Prairie do City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344-2230 To Developer:Hartford Associates,LLC 1500 McAndrews Road West Burnsville, Minnesota 55337-4472 Attention: John C.Brandt or William H. Lykken 13. Change of Notice. Any party may from time to time designate a change in the contact person or contact information for notice to the other parties,by providing written notice via hand delivery,registered mail, or other delivery providing proof of receipt. 14. HUD Provisions. All of the provisions of this Agreement are subject to the following restrictions that will be imposed and be in effect in the event the mortgage loan on the Project is insured by HUD. 14.1 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,payments of interest and principal under the TIF Note shall be payable only from surplus cash(or residual receipts) of the Project, as the term"surplus cash"(or"residual receipts") is defined, and in accordance with the conditions prescribed, in the Regulatory Agreement executed by HUD and the Developer. The restriction on payment imposed by this subsection shall not excuse any default caused by the failure of the Borrower to pay the TIF Note indebtedness. The Developer shall provide to the City any such Regulatory Agreement executed by HUD and the Developer,and the terms and definitions referenced in such Regulatory Agreement. 14.2 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,the term of the TIF Note shall be extended if(i)the TIF Note matures,there is no surplus cash or residual receipts available for the repayment of the TIF Note, or(ii)HUD grants a deferment of the amortization, or a forbearance, 1‘ of the TIF Note executed by the Developer in favor of another mortgage provider,that results in an extended maturity of the first mortgage. 14.3 The [IF Note automatically will terminate and will be deemed satisfied if HUD acquires title to the Project by a deed in lieu of foreclosure. 14.4 The City shall not foreclose on the mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. 14.5 Nothing in this Agreement is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations,handbooks, administrative requirements,and lender notices in effect at the time of execution of the Regulatory Agreement between the Developer and HUD, and,to the extent that they do so,the aforesaid regulations,handbooks, • administrative requirements, lender notices, and documents shall control, and this Agreement shall be amended so as not to alter or to conflict with the aforesaid regulations,handbooks, administrative requirements, lender notices and documents. This provision shall terminate and be void upon termination of the HUD insurance of a mortgage owned or insured by HUD. 14.6 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project, (i)this Agreement may not be amended without the prior written consent of HUD and any successor holder of the first mortgage on the Project, and(ii)it may not be sold,transferred, assigned, or pledged without the prior written approval of HUD. 14.7 So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,prepayments of the debt evidenced by the CDBG Note(Exhibit C),the TIF Note and this Agreement may be made only with the prior written consent of HUD, and any unauthorized prepayments shall be held in trust for the Project and,upon HUD's request,shall be deposited with HUD or its designee. 15. Counterparts. This Agreement may be executed in counterparts, each of which will be an original agreement,but all of which together will be one agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BORROWER: CITY: HARTFORD ASSOCIATES,LLC THE CITY OF EDEN PRAIRIE By: By: Its: Chief Manager Its: By: By: Its: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) • The foregoing instrument was acknowledged before me this day of ,by and ,the and ,respectively, of The City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT PROPERTY Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota 8( j EXHIBIT B CDBG Amortization Lincoln Parc Interest Rate: 5.00% Principal: 200,000 #Years: 26 Principal Year Principal Interest Total Balance 2002 -10,000 10,000 0 210,000 2003 -10,500 10,500 0 220,500 2004 -11,025 11,025 0 231,525 2005 -11,576 11,576 0 243,101 2006 -12,155 12,155 0 255,256 2007 -12,763 12,763 0 268,019 2008 8,106 13,401 21,507 259,914 2009 8,511 12,996 21,507 251,403 2010 8,936 12,570 21,507 242,466 2011 9,383 12,123 21,507 233,083 2012 9,852 11,654 21,507 223,231 2013 10,345 11,162 21,507 212,886 2014 10,862 10,644 21,507 202,023 2015 11,405 10,101 21,507 190,618 2016 11,976 9,531 21,507 178,642 2017 12,574 8,932 21,507 166,068 2018 13,203 8,303 21,507 152,865 2019 13,863 7,643 21,507 139,001 2020 14,556 6,950 21,507 124,445 2021 - 15,284 6,222 21,507 109,161 2022 16,049 5,458 21,507 93,112 2023 16,851 4,656 21,507 76,261 2024 17,693 3,813 21,507 58,568 2025 18,578 2,928 21,507 39,990 2026 19,507 1,999 21,507 20,482 2027 20,482 1,024 21,507 0 Totals 90,839 210,252 301,092 NA Page)?X • EXHIBIT C COMMUNITY DEVELOPMENT BLOCK GRANT PROMISSORY NOTE Minneapolis,Minnesota 2000 FOR VALUE RECEIVED,the undersigned(herein called the"Borrower")promises to pay to the order of The City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota(herein called the"Lender"), or its assigns,the sum of Two Hundred Thousand and 00/100 Dollars($200,000.00) (the"CDBG Loan"),together with simple interest on the unpaid principal balance from time to time at the rate of five percent(5.0%)per annum. Said sum is made available to Borrower to assist with Borrower's financing of its acquisition of certain real property located on Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota within the City of Eden Prairie,Minnesota(herein called the"Project"). Subject to the time limitation as provided below,interest and principal on the Loan shall be payable in semiannual installments on the anniversary of the date the loan was granted in the amounts stated as"Total"in the loan repayment schedule attached as Exhibit B, commencing on the anniversary of the date the loan was granted in the year 2008 and continuing through and including the anniversary of the date the loan was granted in the year 2027, at which time all principal plus accrued but unpaid interest remaining shall be due and payable in full. In the event of sale or exchange of the Project by Developer, all principal plus accrued but unpaid interest shall be paid in a lump sum. Each semiannual payment will be applied first to the payment of accrued interest on the Loan and second,to the extent of any remaining amount,to the payment of principal on the Loan. This Note is secured by a Mortgage of even date between the Borrower and the Lender(the "CDBG Mortgage"), and reference is made to the CDBG Mortgage and a certain Project Management Agreement of even date for the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the restrictions set forth in this Note and in the CDBG Mortgage. Neither the Borrower nor any general or limited partner,employee, or agent of the Borrower shall have any personal liability for the Borrower's obligations hereunder, it being recognized by the Lender that the obligations of the Borrower hereunder are nonrecourse obligations and that the remedies of the Lender are limited to the security provided in connection with this Note and the CDBG Mortgage. The Lender shall not foreclose on the CDBG Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final maturity date of this Note. Demand,protest, and notice of demand and protest are hereby waived, and the undersigned hereby waives,to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection,including but not limited to reasonable attorneys' fees,paid or incurred by the Lender on account of such collection, all costs associated with recording the CDBG Mortgage, and any other filing fees paid in connection with the CDBG Mortgage. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day. and year first above written. BORROWER: HARTFORD ASSOCIATES,LLC By: Its: Chief Manager By: Its: EXHIBIT D CDBG MORTGAGE THIS CDBG MORTGAGE (the"Mortgage") dated as of , 2000, is given by HARTFORD ASSOCIATES, LLC, a Minnesota limited liability company ("Mortgagor"), to THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota("Mortgagee"). PRELIMINARY STATEMENT OF FACTS Mortgagor is the owner of record in fee simple absolute of the real property situated in the City of Eden Prairie and legally described as set forth on Exhibit A, on which the Mortgagor is to construct a 186 unit apartment building (the "Project"). To assist Mortgagor in the financing of the Project, the City has agreed to provide a loan to the Mortgagor. Mortgagor is justly indebted to Mortgagee in the principal sum of Two Hundred Thousand and No/100 Dollars ($200,000.00) as evidenced by the CDBG Note from Mortgagor(the"Note"), of even date herewith,payable to the order of Mortgagee, which Note is fully incorporated herein by reference and is secured hereby. NOW,THEREFORE,Mortgagor,in consideration of the foregoing and in consideration of the mutual covenants hereinafter contained, and in consideration of the sum of One Dollar($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to secure the payment of principal and interest of the Note according to its tenor and effect and payment of all sums, with interest thereon, due to Mortgagee and all other indebtedness hereby secured, and to secure the performance and observance of all the covenants, agreements, and provisions herein and in the Note, has executed and delivered this Mortgage and has granted,bargained, sold, conveyed, and mortgaged, and by these presents does hereby grant, bargain, sell, convey, and mortgage, to Mortgagee, its successors, and assigns, forever, all of the Premises, together with all of the improvements thereon or that may be placed hereafter thereon and all rents, issues, and profits arising therefrom(the"Mortgaged Premises"); TO HAVE AND TO HOLD the Mortgaged Premises, together with the hereditaments and appurtenances now or hereafter pertaining thereto to Mortgagee and its successors and assigns, forever; PROVIDED, NEVERTHELESS, that if Mortgagor, its successors, or assigns shall pay or cause to be paid all the indebtedness hereby secured,together with interest at the rate specified in the Note until maturity, and after maturity at the same rate in effect at maturity, and if Mortgagor shall strictly observe and perform all of the terms, provisions, and conditions herein contained and contained in the Note, then this Mortgage and the estate, right, and interest of Mortgagee in the Mortgaged Premises shall become void and of no effect. MORTGAGOR FUR TER COVENANTS as follows: ARTICLE 1. REPRESENTATIONS,WARRANTIES,AND COVENANTS OWNERSHIP. Mortgagor represents,warrants, covenants,and agrees that it is the lawful owner of record in fee simple absolute of the Mortgaged Premises;that the Mortgaged.Premises are free from any and all liens and encumbrances excepting only such as are listed on said Exhibit A(the "Permitted Encumbrances"); that it will defend the title to the Mortgaged Premises against all claims and demands whatsoever not specifically excepted herein; that neither the Note, the Mortgage, nor the performance or observance by Mortgagor of any of the matters or things provided for in any thereof violate any court order, judgment, decree, or agreement to which Mortgagor is a party, or by which Mortgagor or its property may be bound or affected; that no approval, consent, or authorization of, or filing or registration with, any governmental or regulatory authority or agency is required in connection with .the execution, delivery, and performance of this Mortgage and the Note other than the recordings and filings necessary to perfect the liens created hereby and thereby; that all applicable zoning laws, ordinances, and regulations affecting the Mortgaged Premises permit any present use and occupancy thereof. FURTHER ASSURANCES. At any time and from time to time, upon Mortgagee's request, Mortgagor shall make, execute, and deliver or cause to be made, executed, and delivered to Mortgagee, and where appropriate, shall cause to be recorded or filed and from time to time thereafter to be re-recorded or re-filed, at such time and in such offices and places as shall be deemed desirable by Mortgagee, any and all such further mortgages, instruments of further assurance, certificates;and other documents as Mortgagee may consider necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve, the obligations of Mortgagor under the Note and this Mortgage, and the lien of this Mortgage as a first and prior lien upon all of the Mortgaged Premises, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor to do so,Mortgagee may make,execute, record, file, re-record, or re-file any and all such mortgages, instruments, certificates, and documents for and in the name of Mortgagor, and Mortgagor hereby irrevocably appoints Mortgagee the agent and _ attorney-in-fact of Mortgagor to do so. Mortgagor further agrees to pay to Mortgagee, upon demand, all costs and expenses incurred by Mortgagee in connection with the preparation, execution, recording, filing, re-recording, and re-filing of any such documents, including the charges for examining title and the attorneys' fees for rendering an opinion as to the priority of this Mortgage or other security instrument as a valid first and subsisting lien. However,neither a request so made by Mortgagee nor the failure of Mortgagee to make such a request shall be construed as a release of the Mortgaged Premises, or any part thereof, from the lien of this Mortgage, it being understood and agreed that this covenant and any mortgage or security instrument delivered to Mortgagee are cumulative and given as additional security. OPERATION AND MAINTENANCE. Mortgagor will cause the Mortgaged Premises and every part thereof to be maintained, preserved, and kept in safe and good repair and condition, will not commit or permit waste thereon, will not remove, demolish, or alter the design or structural character of any building hereafter erected upon all or any part of the premises without the prior written consent of Mortgagee, will complete or cause to be completed forthwith any improvements which may hereafter be under course of construction upon the Premises, and will comply or cause compliance with all laws and regulations of any governmental authority with reference to the Mortgaged Premises and the manner of using or operating the same, and with all restrictive covenants, if any,affecting the title to the Mortgaged Premises, or the use thereof. PAYMENT OF TAXES. Mortgagor, before any penalty attaches thereto, shall pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies (the "Impositions") imposed upon or against Mortgagor, the Mortgaged Premises, or any property of Mortgagor or upon or against the Note and the indebtedness secured hereby or upon or against the interest of Mortgagee in the Mortgaged Premises or in the Note or the debt secured by this Mortgage, except taxes measured by the net income of Mortgagee. Receipts evidencing payment by Mortgagor of such Impositions shall be furnished promptly to Mortgagee. In the event of any legislative action or judicial enactment after the date hereof imposing upon Mortgagee the obligation to pay any such Impositions, or deducting the lien of the Mortgage from the value of the Mortgaged Premises for the purpose of taxation, or changing in any way the laws now in force for the taxation of mortgages, or debts secured thereby, for state or local purposes, or the manner of the operation of any such taxes so as to affect the interest of Mortgagee, then, and in such event, Mortgagor shall bear and pay the full amount of such taxes, assessments, or charges before penalty attaches for nonpayment thereof. If for any reason payment by Mortgagor of any Impositions would be unlawful, or if the payment thereof would constitute usury or render the loan or any other indebtedness secured hereby wholly or partially usurious or uncollectible under any of the terms or provisions of this Mortgage, the Note, or otherwise, then Mortgagee, at its option, may declare the loan indebtedness secured hereby, with interest thereon, to be immediately due and payable, or Mortgagee, at its option, may pay such amount or the portion of the Impositions as renders the loan or indebtedness secured hereby unlawful or usurious or uncollectible, in which event Mortgagor will, concurrently therewith,pay the remaining portion or balance of said Impositions. If, by reason of any default by Mortgagor hereunder, Mortgagee declares all sums secured hereby to be due and payable immediately, Mortgagee may then apply any funds in said account against the entire indebtedness secured • hereby. Mortgagee may from time to time, at its option, waive, and after any such waiver, reinstate, any or all provisions hereof requiring such monthly deposits by Mortgagor. INSURANCE. Required Coverage. Mortgagor shall at its sole expense obtain for, deliver to, and maintain for the benefit of Mortgagee, during the life of this Mortgage, insurance policies issued by an insurer or insurers acceptable to Mortgagee in such amounts as set forth below, insuring Mortgagor and the Mortgaged Premises against loss from: Claims for bodily injury, death, or property damage occurring in, on, or about the Mortgaged Premises; workers' compensation claims; perils generally included in the term "builder's risk insurance" in the one hundred percent(100%) completed value nonreporting form during any period of construction on the Mortgaged Premises; and such other insurable hazards, casualties, and contingencies as Mortgagee may reasonably require; and shall promptly pay, when due, any premium on such insurance policies and on any renewals thereof. The form of such policies and the companies issuing them shall be acceptable to Mortgagee. Policy Limits. The policies of insurance required hereunder are general public liability insurance affording protection to the limit of not less than with respect to the injury or death of a single person, and to the limit of not less than with respect to any one occurrence, and to the limit of not less than with respect to property damage per occurrence. Evidence of Coverage. Each of said policies and renewals thereof shall be held by Mortgagee and shall contain a noncontributory mortgage endorsement making losses payable to Mortgagee and an agreement by the insurer that the same shall not be canceled without at least ten(10) days' prior written notice to Mortgagee. At least ten(10) days prior to the expiration date of all such policies, renewals thereof satisfactory to Mortgagee shall be delivered to Mortgagee. Mortgagor shall also deliver to Mortgagee receipts evidencing the payment of all premiums on such insurance policies and renewals. Delivery of the insurance policies and renewals thereof shall constitute an assignment to Mortgagee, as further security, of all unearned premiums. In the event of loss, Mortgagor will give immediate written notice to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor. In the event of foreclosure of this Mortgage or any other transfer of title to the Mortgaged Premises in extinguishment of the indebtedness and other sums secured hereby, all right, title, and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser or grantee. Access. Mortgagor shall grant to Mortgagee access to and the right to inspect the Mortgaged Premises at all reasonable times. MORTGAGEE'S RIGHT TO CURE MORTGAGOR'S DEFAULT. If Mortgagor shall fail to comply with any of the terms, covenants, and conditions herein with respect to the procuring of insurance, the payment of taxes, assessments, and other charges, the keeping of the Mortgaged Premises in repair or any other term, covenant, or condition herein contained, Mortgagee may make advances to perform the same, and where necessary, enter the Mortgaged Premises for the purpose of performing any such term, covenant, or condition. Mortgagor agrees to repay all sums so advanced upon demand, with interest from the dates such advances are made, at the same rate of interest borne by the indebtedness evidenced by the Note, and all sums so advanced, with interest, shall be secured hereby in priority to the indebtedness evidenced by the Note, but no such advance shall be deemed to relieve Mortgagor from any default hereunder. NO LIENS. Mortgagor shall keep the Mortgaged Premises free and clear of all liens and encumbrances, other than the Permitted Encumbrances, and will not suffer to exist any mechanic's, statutory, or other lien on the Mortgaged Premises or any part thereof which might or could be held to be equal or prior to the lien of the Mortgage SALE OR TRANSFER. If Mortgagor sells, transfers, or conveys (whether voluntarily or by operation of law) all or any part of its interest in all or any part of the Mortgaged Premises (regardless of whether the buyer or transferee assumes the obligations of the Mortgagor hereunder or takes the Mortgaged Premises subject��je to said obligations) or permits such sale, 2)" transfer, or conveyance, without obtaining, in each instance, the prior written approval of Mortgagee, Mortgagee shall have the right, at its option, to declare the unpaid principal balance of the Note, and all accrued interest thereon, together with all sums advanced hereunder immediately due and payable without notice. In the event of any such sale, transfer, or conveyance, Mortgagee, without notice to any person, firm, or corporation, is hereby authorized and empowered to deal with any such buyer or transferee with reference to the Mortgaged Premises or the indebtedness secured hereby,or with reference to any of the terms and conditions hereof, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. A mortgage, security agreement, mechanic's lien, or other lien or encumbrance, voluntarily or involuntarily created or given,and whether prior or subordinate to the lien of this Mortgage, shall be deemed a sale, assignment, conveyance, or transfer under this Section. However, any nonconsenting lien shall not be so deemed if, within sixty(60) days of the recording thereof, the same is released and satisfied of record or, within said sixty(60) day period, Mortgagor notifies Mortgagee of Mortgagor's intent to contest said lien and furnishes to Mortgagee a bond or other security against said lien reasonably satisfactory to Mortgagee. PARTIAL RELEASES. Notwithstanding the anything to the contrary contained above, Mortgagor may sell and convey parts of the Mortgaged Premises at any time that no uncured Event of Default exists. In such event, Mortgagee shall partially release parts of the Mortgaged Premises from the lien of this Mortgage upon payment by Mortgagor to Mortgagee of the sum of and /100 Dollars($ ) in reduction of the principal balance then outstanding under the Note for each acre of the Mortgaged Premises to be so released (the "Partial Release Payment"). To accomplish such partial releases, Mortgagor shall present a properly drafted partial release form to Mortgagee for signature, together with a Minnesota Registered Surveyor's certificate of the correct legal description and acreage, computed to the nearest one-hundredth(1/100) of an acre, of the portion of the Mortgaged Premises to be released, together with the Partial Release Payment in cash or guaranteed funds, whereupon Mortgagee shall execute and deliver to Mortgagor such partial release. At all times until the Note is paid in full, all parts of the Mortgaged Premises remaining subject to this Mortgage shall have immediate access to a dedicated, constructed, and traveled public road. All portions of the Mortgaged premises so released shall be contiguous to portions previously-- - released. MORTGAGEE'S RIGHT TO PROTECT INTEREST. Mortgagee shall have the power and authority to institute and maintain any suits and proceedings as Mortgagee may deem advisable: to prevent any impairment of the Mortgaged Premises by any acts which may be unlawful or in violation of this Mortgage; to preserve or protect its interest in the Mortgaged Premises; and to restrain the enforcement of or compliance with any legislation or other governmental enactment, rule, or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance with such enactment, rule, or order might impair the security hereunder or be prejudicial to Mortgagee's interest. 2f. a-. ARTICLE 2. TAKING OF PROPERTY If the Mortgaged Premises, or any part thereof, or any interest therein, or any rights appurtenant thereto, including,but not limited to, access, light, air, and view, be condemned under any power of eminent domain or acquired for any public use or quasi-public use, the damages, proceeds, and consideration for such condemnation or acquisition, to the extent of the full amount of indebtedness upon this Mortgage and obligations secured hereby remaining unpaid, are hereby assigned by Mortgagor to Mortgagee, its successors or assigns, as its interest may appear. All such damages, proceeds, and consideration shall be paid to Mortgagee and applied by Mortgagee, at its option, after deduction of all its expenses (including reasonable attorneys' fees) incurred in obtaining such damages, proceeds, and consideration, to the reduction of the indebtedness secured hereby or to any other indebtedness secured hereby, whether or not then due and payable; any surplus remaining after payment of all indebtedness secured hereby to be paid over to Mortgagor. Mortgagor shall immediately furnish to Mortgagee true and correct copies of any process papers or documents delivered to or served upon Mortgagor in connection with any such eminent domain proceedings. ARTICLE 3. Compliance with Legal and Insurance Requirements, Instruments, etc. Mortgagor (a) shall not commit or permit waste or deterioration upon the Property, (b) shall cause the Property and every part thereof, including but not limited to parking areas, improvements, and all ingress and egress easements, if any, to be continually maintained, preserved, and kept in safe and good repair, working order, and condition, (c)will comply with all Insurance Requirements and with requirements of Minnesota Statutes Section 504.18, Subdivision 1, and Section 504.20, as now existing or as hereafter amended, if applicable, with the provisions of all local, state, and federal statutes, ordinances, rules, and regulations relating to the disposal of environmentally hazardous material, and with all private declarations, easements, covenants, and restrictions, if any, affecting the title to the Property or any part thereof("Private Restrictions"), (d)will not commit, suffer, or permit any violation of Private Restrictions, and (e)from time to time will make all necessary and proper restorations, rebuildings, repairs, renewals, replacements, additions, and betterments to the Property, whether required as the result of casualty or otherwise, and whether or not insurance proceeds or condemnation proceeds exist, are made available, or are sufficient therefor, in a good and workmanlike manner, so that the value and efficient use thereof shall be fully preserved and maintained, and so that Mortgagor complies with the requirements of this Section 1. Mortgagor shall give Mortgagee written notice within three (3) business days of it received notice of any violation of any of the requirements of this Section 1 or if any damage or destruction occurs to the Property. Mortgagor shall not seek, petition for, make, consent to, or acquiesce in any change in the requirements of this Section 1 relating to the Property, including but not limited to zoning and building codes and ordinances, without Mortgagee's prior written consent,which shall not be unreasonably withheld. Estoppel Certificate. Mortgagor agrees at any time and from time to time as reasonably requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice by Mortgagee,to execute, acknowledge, and deliver,without charge,to Mortgagee or to any person designated by Mortgagee, a statement in writing certifying that (a)this Mortgage is unmodified (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof), (b)the unpaid balance of the Note, (c)Mortgagor has not received any notice of default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor has received any notice, that it has been revoked, if such be the case), (d)to the knowledge of Mortgagor, no default then exists hereunder (or if any such default does exist, specifying the same and stating that the same has been cured, if such be the case), (e)Mortgagor has no claims or offsets against Mortgagor(or if Mortgagor has any such claims, specifying the same), and(f)the dates to which the interest and the other sums and charges payable by Mortgagor pursuant to the Note have been paid. Waiver of Appraisement. Mortgagor hereby waives,to the full extent it may lawfully do so, the benefit of all homestead, moratorium, mediation, marshaling, appraisement, valuation, stay execution,and extension laws now or hereafter in force. Indemnification by Mortgagor. Mortgagor will protect, indemnify,and save harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorney's fees and expenses) imposed upon, incurred by, or asserted against Mortgagee by reason of(a)ownership of the Property, or any interest therein, or receipt of any rent or other sum therefrom; (b)any accident, injury to,or death of persons or loss of or damage to property occurring on or about the • Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (c)any use, nonuse, or condition of the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if any, (d)any failure on the part of Mortgagor to perform or to comply with any of the terms of this Mortgage, including, without limitation, the provisions of Section 1 hereof, (e)performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, (f)negligence or tortious act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or (g)exercise by Mortgagee of any remedy provided hereunder or at law or equity; provided, however, that nothing herein shall be construed to obligate Mortgagor to protect, to indemnify, and to save Mortgagee harmless from and against liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Mortgagee solely by reason of the negligent or tortious acts on the part of Mortgagee or any of its employees, agents, contractors, licensees, or invitees. Any amounts payable to Mortgagee under this Section 4 which are not paid within ten (10) business days after written demand therefor by Mortgagee shall bear interest at the rate set forth in the Note from the date of such demand and shall be secured by this Mortgage. If any action, suit, or proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or proceeding or will cause the same to be resisted and defended by counsel for the insurer of the liability or by counsel designated by Mortgagor and reasonably approved by Mortgagee. The indemnification of the Mortgagee by 2,q the Mortgagor shall be a continuing indemnification and shall remain in full force and effect notwithstanding the expiration or termination of this Mortgage. Hazardous Material. Mortgagor (a) shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any hazardous material in, upon, under, over, or from the Property except in strict compliance with all applicable environmental regulations, (b) shall not permit any hazardous material to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein,thereupon,thereunder,thereover or therefrom except in strict compliance with all applicable environmental regulations, (c) shall cause all hazardous material found thereon to be property removed therefrom and property disposed of in accordance with all applicable environmental regulations (d)shall not install or permit to be installed any underground storage tank therein or thereunder, and (e) shall comply with all environmental regulations which are applicable to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property. At any time, and from time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review, audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to Mortgagee updated, at Mortgagor's sole cost and expense, by an engineer or scientist acceptable to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and assigns (hereinafter collectively referred to as the "Indemnified Parties") against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal) in any action against or involving any of the Indemnified Parties,resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of any warranty or representation set forth herein, or from the discovery of any hazardous material in, upon, under, or over, or emanating from the Property, whether or not Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability or responsibility for damage or injury to human health, the environment, or natural resources caused by, for abatement, and/or clean-up of, or otherwise with respect to, hazardous material by virtue of the interest of Mortgagee in the Property created hereby or as the result of Mortgagee exercising any of its rights or remedies with respect thereto hereunder, including but not limited to becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties, and covenants of this Section 5 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure sale, and any subsequent owner of the Property whose title derives from Mortgagee, and shall survive the satisfaction of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date incurred at the rate set forth in the Note, shall be payable on demand,and shall be secured hereby. 2�! 3i Accessibility Covenants. Mortgagor shall comply with all accessibility regulations which are applicable to the Property. At any time, and from time to time, if Mortgagee so requests, Mortgagor shall have any accessibility regulations compliance report heretofore provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and expense, by the person or entity which prepared the same, or shall have a report prepared for Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all claims, demands,judgments, penalties, liabilities, costs, damages, and expenses incurred by the Indemnified Parties,including court costs and reasonable attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or negotiation against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability for any violation of accessibility regulations by virtue of the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising any of its remedies with respect thereto hereunder, including but not limited to becoming the owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu thereof. The foregoing covenants, representations, and warranties of this Mortgage and this Section 6 shall be deemed continuing covenants, representations, and warranties for the benefit of the Indemnified Parties,including but not limited to any purchaser at a foreclosure or other sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee, and shall survive the satisfaction or release of this Mortgage,any foreclosure or other sale under this Mortgage,and/or any acquisition of title to the Property or any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure or other sale, or otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the date paid at the rate set forth in the Note, shall be payable on demand,and shall be secured hereby. HUD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior written approval of the United States Department of Housing and Urban Development ("HUD") if there is a mortgage federally insured by HUD on the Property or there is a mortgage held directly by HUD on the Property. Nothing in this Mortgage is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at the time of endorsement. So long as HUD is the insurer or holder of a mortgage on the Property: (a) This Mortgage may not be amended without the prior written consent of HUD; and (b) This Mortgage may not be sold,transferred,assigned,or pledged without the prior written approval of HUD. I (c) This Mortgage will be extended if the Note matures,there is no surplus cash or residual receipts(as defined in the Note)available for the repayment of the Note. This Mortgage automatically will terminate and will be deemed released by Mortgagee if HUD acquires title to the Property by a deed in lieu of foreclosure. ARTICLE 4. DEFAULT AND REMEDIES THEREFOR EVENT OF DEFAULT. Each of the following shall constitute an"Event of Default"hereunder: Failure to Pay. Failure by Mortgagor to pay, as and when due and payable, any installments of principal or interest due under the Note, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note; Failure to Perform. Failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in the Note, this Mortgage, any other instrument securing the Note, or any other instrument collateral to the Note or executed in connection with the sums secured hereby for a period of thirty (30) days after Mortgagee gives written notice to Mortgagor specifying the breach; Bankruptcy/Insolvency. If Mortgagor shall: Apply for or consent to the appointment of a receiver, trustee, or liquidator of itself or of its property; be unable to admit in writing its ability to pay its debts as they mature; make a general assignment for the benefit of creditors; be adjudicated a bankrupt or insolvent; file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors or take advantage of any insolvency law or file any answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization, or insolvency proceeding; Judicial Action. An order, judgment, or decree shall be entered without the application, approval, or consent of Mortgagor, by any court or governmental agency of competent jurisdiction, approving a petition seeking reorganization of Mortgagor or appointing a receiver, trustee, liquidator, intervenor, or the like of Mortgagor, and such order,judgment, or decree shall continue unstayed and in effect for any period of thirty(30) consecutive days; Breach of Warranties. Material breach of any warranty or material untruth of any representation of Mortgagor contained in the Note,this Mortgage, or any other instrument securing the Note; or Acceleration of Debts. Any bond, debenture, note, or other evidence of indebtedness for which Mortgagor is liable, as principal obligor, guarantor, or otherwise shall become due before its 3�/3 stated maturity by the acceleration of the maturity thereof by reason of default or shall become due by its terms and shall not be promptly paid or extended; REMEDIES. Upon the occurrence of an Event of Default described in Section 3.1(c) or (d) above, the obligations secured hereby shall become immediately due and payable. Upon the occurrence of one or more of the other Events of Default, the obligations secured hereby, at the option of Mortgagee, shall become immediately due and payable immediately upon notice to Mortgagor. In either event, the obligations secured hereby shall be due and payable , without presentment,demand, further notice or declaration of any kind. Mortgagee shall have the right to proceed to protect and enforce its rights by one or more of the following remedies: Right To Bring Suit. Mortgagee shall have the right and authority to proceed to protect and enforce its rights by a suit or suits in equity or at law, either for the specific performance of any covenant or agreement contained herein or in the Note, or in aid of the execution of any power herein or therein granted, or for the foreclosure of this Mortgage, or for the enforcement of any other appropriate legal or equitable remedy. Mortgagee shall be entitled to the immediate appointment of a receiver to operate, collect rents from, and protect the Mortgaged Premises. Mortgagee may sell the Mortgaged Premises as one tract or otherwise at public auction and convey the same to the purchaser, in accordance with the statute in such case made and provided. Mortgagor shall remain liable for any deficiency resulting from such sale. Rights In Bankruptcy. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, or other judicial proceedings affecting Mortgagor or any person,partnership, or corporation guaranteeing or endorsing any of Mortgagor's obligations, its creditors, or its property, Mortgagee,to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have its claims allowed in such proceedings for the entire amount due and payable by Mortgagor under the Note, this Mortgage, and any other instrument securing the Note, at the date of the institution of such proceedings and for any additional amounts which may become due and payable by Mortgagor after such date. Right to Sell Mortgaged Premises. Mortgagee shall have the right to sell the Mortgaged _ Premises or any party thereof at public auction and convey the same to the purchaser in fee simple, as provided by law, Mortgagor to remain liable for any deficiency. In the event of any sale of the Mortgaged Premises pursuant to any judgment or decree of any court or at public auction or otherwise in connection with the enforcement of any of the terms of this Mortgage, Mortgagee, its successors, or assigns, may become the purchaser, and for the purpose of making settlement for or payment of the purchase price, shall be entitled to deliver over and use the Note and any claims for interest accrued and unpaid thereon, together with all other sums, with interest, advanced or secured hereby and unpaid hereunder, in order that there may be credited as paid on the purchase price all or the appropriate part of the sum then due under the Note, including principal and interest thereon and all other sums, with interest, advanced or secured hereby and unpaid hereunder. /233 Each and every power or remedy herein specifically given shall be in addition to every other power, or remedy, existing or implied, now or hereafter given or existing at law or in equity, or in any other instrument given to secure the Note. Each and every power and remedy herein specifically given or otherwise so existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by Mortgagee or the holder of the Note. EXPENSES OF EXERCISING RIGHTS. POWERS AND REMEDIES. Mortgagor shall reimburse Mortgagee for all costs, charges, and expenses, including reasonable attorneys' fees (including but not limited to attorneys' fees incurred in successful defense or prosecution of an appeal), and disbursements and costs incurred or paid by Mortgagee in any threatened, pending, or completed action, proceeding, or dispute in which Mortgagee is or might be made a party or appears as a party and which affects or might affect the Note, this Mortgage or any other instrument securing the Note, or the Mortgaged Premises, or any part thereof, or the interests of Mortgagor or Mortgagee therein, including but not limited to the foreclosure of this Mortgage, condemnation involving all or part of the Mortgaged Premises or any action to protect the security hereof. All costs, charges, and expenses so incurred or paid by Mortgagee shall become due and payable immediately, whether or not there be notice, demand, attempt to collect, or suit pending, together with interest from the dates such advances are made, or costs, charges, or expenses are incurred, at the same rate of interest borne by the indebtedness evidenced by the Note. Any such sum or sums and the interest thereon shall be secured hereby in priority to the indebtedness evidenced by the Note. WAIVERS. The exercise or the beginning of the exercise of one power or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other power or remedy. No delay or omission of Mortgagee or of any holder of the Note to exercise any right, power, or remedy accruing upon any Event of Default shall exhaust or impair any such right, power, or remedy or shall be construed to waive any such Event of Default or to constitute acquiescence therein. No waiver of any Event of Default hereunder shall extend to, impair, or affect any Event of Default then existing or occurring subsequent thereto, or impair any rights, powers, or remedies consequent thereon. If Mortgagee: (i) grants forbearance or an extension of time for the payment of any sums secured hereby; (ii)takes additional security for the payment thereof; (iii)waives or does not exercise any right granted in the Note; (iv)releases any part of the Mortgaged Premises from the lien of this Mortgage or otherwise changes any of the terms of the Note, this Mortgage, or any other instrument securing the Note; (v)consents to the filing of any map, plat, or re-plat of the Mortgaged Premises; (vi)consents to the granting of any easement on the Mortgaged Premises; or(vii)makes or consents to any agreement changing the terms of this Mortgage or subordinating the lien or any charge hereof; no such act or omission shall release, discharge,'modify, change, or affect the original liability under the Note, this Mortgage,or otherwise of Mortgagor,or any subsequent purchaser of the Mortgaged Premises or any part thereof, or any maker, co-signer, surety, or guarantor. No such act or omission shall preclude Mortgagee from exercising any right, power, or privilege herein granted or intended to be granted in case of any Event of Default then existing or of any subsequent Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by Mortgagee, shall the lien of this Mortgage be altered thereby. • Y3q APPLICATION OF PROCEEDS. The purchase money proceeds and avails of any sale, pursuant to this Article 3, of the Mortgaged Premises or any part thereof, and the proceeds and avails of any remedy hereunder, shall be paid and applied in the following order: Costs. To the payment of costs and expenses of foreclosure and of such sale and of all proper expenses (including maximum attorneys' fees permitted by law), liability and advances incurred or made hereunder by Mortgagee, and of all taxes, assessments, or liens superior to the lien of this Mortgage; Late Fees. To the payment to Mortgagee of late fees or charges,if any, imposed under the terms of the Note or this Mortgage; Interest and Principal. To the payment to Mortgagee of the amount then owing or unpaid under the Note and this Mortgage for principal and interest, and if such proceeds shall be insufficient to pay the whole amount so due,then first to the payment of such interest and then principal; and Mortgagor. To the payment to Mortgagor, its successors, and assigns, or to whomever may be lawfully entitled to receive the same. RESTORATION OF POSITION. In case Mortgagee shall have proceeded to enforce any right under this Mortgage by foreclosure, sale, entry, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and rights hereunder with respect to the Mortgaged Premises, subject to the lien hereof. ARTICLE 5. MISCELLANEOUS TERM USAGE. Whenever used in this Mortgage, the singular number shall include the plural, the plural the singular, and the neuter shall include the masculine and the feminine. The words "Mortgagor" and "Mortgagee" shall include Mortgagor and Mortgagee named in the opening paragraph of this Mortgage and their respective successors and assigns. BINDING EFFECT. Whenever any of the parties hereto is referred to, such references shall be deemed to include the successors and assigns of such party. All covenants, promises, and agreements by or on behalf of Mortgagor in this Mortgage contained shall inure to the benefit of Mortgagee and its successors and assigns,whether so expressed or not. SEVERABILITY. The unenforceability or invalidity of any provision of this Mortgage as to any persons or circumstances shall not render that provision unenforceable or invalid as to any other persons or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. NOTICES. All notices provided for herein shall be in writing and shall be deemed to have been given(unless otherwise required by the specific provisions hereof in respect to any matter)when delivered personally or when deposited in the United States mail, registered or certified, postage prepaid, addressed to the addresses given on the first page hereof. Either party may change the address to which notices are to be sent by giving the other party written notice in the manner above provided. APPLICABLE LAW. This Mortgage is made and is to be construed under the laws of the State of Minnesota. MARSHALING. If this Mortgage is foreclosed, Mortgagor hereby waives and releases any right to have the Mortgaged Premises marshaled or sold as separate parcels. Mortgagee shall not be required to sell or realize upon any portion of the Mortgaged Premises before selling or realizing upon any other portion thereof. SURVIVAL OF WARRANTIES, ETC. All agreements, representations and warranties made herein shall survive the execution and delivery of this Mortgage. ASSIGNABILITY. Mortgagee shall have the right to assign this Mortgage, in whole or in part or sell participation interests herein,to any person. HEADINGS. Headings of the Sections of this Mortgage are inserted for convenience only and shall not be deemed to constitute a part hereof. MORTGAGOR ACKNOWLEDGMENT. MORTGAGOR UNDERSTANDS AND AGREES THAT IF AN EVENT OF DEFAULT (AS DEFINED IN SECTION 3.1 OF THIS MORTGAGE) SHALL OCCUR, MORTGAGEE HAS AMONG ITS RIGHTS THE RIGHT TO FORECLOSE THIS MORTGAGE BY ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES, CHAPTER 580, AS HEREAFTER AMENDED OR PURSUANT TO ANY SIMILAR OR REPLACEMENT STATUTE HEREAFTER ENACTED; THAT IF MORTGAGEE ELECTS TO FORECLOSE BY ADVERTISEMENT, IT MAY CAUSE THE MORTGAGED PREMISES, OR ANY PART THEREOF, TO BE SOLD AT PUBLIC AUCTION; THAT NOTICE OF SUCH SALE MUST BE PUBLISHED FOR SIX WEEKS AND GIVEN PERSONALLY TO THE PERSONS IN POSSESSION OF THE MORTGAGED PREMISES AT LEAST FOUR WEEKS BEFORE THE SALE. MORTGAGOR FURTHER UNDERSTANDS THAT UNDER THE CONSTITUTION OF THE UNITED STATES IT MAY HAVE THE RIGHT TO NOTICE AND A HEARING BEFORE THE MORTGAGED PREMISES MAY BE SOLD AND THAT THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES NOT ENSURE THAT NOTICE WILL BE GIVEN TO MORTGAGOR AND SAID PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT REQUIRES NO HEARING OR OTHER JUDICIAL • PROCEEDING. MORTGAGOR HEREBY RELINQUISHES, WAIVES, AND GIVES UP ANY CONSTITUTIONAL RIGHT TO NOTICE AND A HEARING BEFORE THE SALE OF THE MORTGAGED PREMISES AND EXPRESSLY CONSENTS AND AGREES THAT THE MORTGAGED PREMISES MAY BE FORECLOSED BY ADVERTISEMENT, AS DESCRIBED ABOVE. MORTGAGOR ACKNOWLEDGES THAT IT IS REPRESENTED BY COMPETENT LEGAL COUNSEL; THAT BEFORE MORTGAGOR SIGNED THIS DOCUMENT, THIS SECTION AND MORTGAGOR'S CONSTITUTIONAL RIGHTS WERE FULLY EXPLAINED BY SUCH COUNSEL AND THAT MORTGAGOR UNDERSTANDS THE NATURE AND EXTENT OF THE RIGHTS WAIVED HEREBY AND THE EFFECT OF SUCH WAIVER. IN WITNESS WHEREOF,Mortgagor has executed this Mortgage as of the above date. MORTGAGOR: HARTFORD ASSOCIATES,LLC By: • (Print Name) Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on , 2000, by the of HARTFORD ASSOCIATES, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN,HOFFMAN,DALY&LINDGREN,Ltd. Tax I.D.No. 1500 Northwestern Financial Center 7900 Xerxes Avenue South Tax Statements for the Bloomington,Minnesota 55431 Mortgaged Premises (612)835-3800 Should be sent to: 0534391.01 EXIT A to that certain CDBG MORTGAGE by and between HARTFORD ASSOCIATES,LLC,Mortgagor and THE CITY OF EDEN PRAIRIE,Mortgagee Legal Description of Premises: Lot 4,Block 1,Eden Prairie Marketcenter,Hennepin County,Minnesota Permitted Encumbrances: EX73IBIT E-1 ROJECTED RENT&6II/.Q4 MARKET RENTS NUMBER RENT LESS NET GROSS RENT RENT UNIT TYPE UNITS PM GARAGE RENT SF PSI' PM 1 BR(A) 46 1,030 55 975 876 LI 1 44,850 IBR(A-1) 4 1,205 55 1,150 978 1.18 4,600 2 BR(3) 20 1.330 55 1,275 1.142 1,12 25,500 2 BR DEN(C) 52 1,440 55 1,385 1.271 1.09 72.020 2 BR-DEN(C-1) 4 1,705 55 1,650 1,557 1.06 6,000 2 BR-DEN(C 2) 6 1,505 55 1,450 1,335 1.09 8,700 20R-PEN(C-3) 12 1,630 55 1.575 1,469 1.07 18,900 2 BR-DEN(C-4) 2 1,395 55 1,395 1,305 1,07 2,790 3 BR 03) 4 1,570 55 1,515 1,305 1.16 6,060 3 BR(E) 16 1,585 55 1,530 1,355 1.13 24,480 3 BR(E-0) 1 1,605 55 1,550 1,404 1,10 1,550 3BR(E,Z) 0 1,605 SS 1,550 1,421 1.09 0 3 BR(E-3) 4 1,680 55 1,625 1,449 1,12 6,500 3 BR(E-4) 8 1,750 55 1,695 1,634 1.04 13,560 3 BR(E-S) 3 1,730 55 1,67E 1,470 1,14 5,025 3 BR(1E•6) 3 1,730 55 1,675 1,600 1.05 5,025 3BR(E-7) I 1.680 55 1,625 1,442 1.13 1.680 TOTAL 186 247,840 SAFE HARBOR NUMBER UNITS UNITS UNITS RENT PU RENT PU RENT PU RENT PM RENT PM RENT PM UNITS 20% 75% MARKET 20% 75% MARKET 20% 9v516 MARKET UNIT TYPE 20.00% 55.00% 25,00% 20.00% 55.00% 20.00% 55.00% 25.00% 1 BR(A) 46 9 27 10 593 975 975 5,338 26,32E 9,750 IBR(A-1) 4 1 2 I 593 1,150 1,150 593 2,300 1,150 2BR D) 20 4 12 4 711 1,275 1,275 2,843 15,300 5.100 ZBR-DEN(C) 52 10 27 15 814 1,385 1,385 8,138 37,395 20,775 2BR-DEN(C-1) 4 1 2 1 814 1,650 1,650 814 3,300 1.650 2BR-DEN(C-2) 6 1 4 1 814 1,450 1,450 6)4 5,800 1.450 213R-DEN(C-3) 12 2 7 3 814 1,575 1,575 1,628 11.025 4,725 2BR-DEN(C-4) 2 0 1 I 814 1,395 1,395 1,628 1,395 1,395 3 BR(D) 4 1 2 1 814 1,51E 1,515 814 3,030 1.515 3BR(E) 36 3 9 4 814 1,530 1,530 2,441 13,770 6.120 3BR(E-1) 1 1 0 0 814 1,550 1,550 814 0 0 3 BR(E-Z) 0 0 0 0 814 1,550 1.55o 0 o 0 3 BR(E-3) 4 1 2 1 814 1,587 1,625 814 3,173 1,625 3 BR(E-4) 8 1 5 2 814 1,695 1.695 814 8,475 3,390 3 BR(E 5) 3 1 I I 814 1,587 1,675 814 1,587 1.675 3 OR(E-6) 3 1 1 1 814 1,587 1,675 814 1,587 1.67E 3 BR(E-7) 1 Q I Q S14 1,587 1,625 Q LEE/ 186 186 37 103 46 29.119 136,018 61,995 PERCENTAGE 100.00% 19.89% 5538% 24.73% TOTAL 227,163 PERCENTAGE:SR 75.27°/ NET RENT ANALYSIS j TENANT PAID 111I3 1 BR 60% caulk lulu HEATING GAS 23.00 GROSS 643 772 1,201 COOKING ELECTRIC 5.00 UTILITIES SQ SQ 64 GENERAL ELECTRIC 22,011 NET RENT 593 722 1,151 TOTAL 50,00 TENANT PAID 2.11R 50�/ 60% Dm. HEATING GAS 30.00 GROSS 772 926 1,441 COOKING ELECTRIC 5.00 UTILITIES 61 ,St1 LL GENERAL ELECTRIC ZIOQ NET RENT 711 865 1.380 TOTAL 61.40 TENANT PAID DIE 3 BR 500/a 0326. HEATING GAS 37.00 GROSS 892 1.070 1,665 COOKING ELECTRIC 8.00 UTILITIES Z$ 25 26. GENERAL ELECTRIC L-4Q NET RENT 814 992 1,587 TOTAL 78.00 UTILITY 1.LOWANCES L{Qi4:Utility Allowances provided by Robert Odnwn,Muld-Housing Division,MHFA HENNEPIN COUNTY ALLOWANCE HEATING HEATING COOKING GEN WATER WATER RUBBISH tOT4.1. BEDROOMS GAS ELECT ELECT ELECT GAS SEWER 1 23 31 5 22 8 19 16 124 2 30 39 5 26 9 25 16 150 3 37 48 6 30 11 29 16 177 4 59 80 7 34 44 14 37 16 247 Page � % EXHIBIT F TIF NOTE Minneapolis,Minnesota FOR VALUE RECEIVED,the undersigned(herein called the"Borrower")promises to tender to the City of Eden Prairie,a public body corporate and politic under the laws of the State of Minnesota(herein called the"Lender"),or its assigns,under the terms of the Project Management Agreement by and Between the Lender and the Borrower dated (the"Project Management Agreement')the"Total Annual TIF Payments,"as defined in the Project Management Agreement subsection 1.14,which have been previously paid to the Borrower by the Lender(THE"TIF Repayment"). The Lender is providing the Tax Increment Funds to the Borrower to enable the Borrower to improve certain real property located within the City of Eden Prairie,Minnesota,described as: Lot 4,Block 1,Eden Prairie Marketcenter, Hennepin County,Minnesota(herein called the"Project"). The Project Management Agreement refers to the rights of the Lender as to the acceleration of the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note and in the Project Management Agreement. The Project Management Agreement also refers to events,the occurrence of which will result in the Borrower's no longer having an obligation to pay the TIF Repayment or to pay a lesser amount. Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions of the HUD regulations,handbooks, administrative requirements,and lender notices in effect at the time of execution of the Regulatory Agreement between the Developer and HUD or the documents required to be executed by the Borrower in connection with the execution of the CDBG Note,and,to the extent that they do so,the aforesaid regulations,handbooks, administrative requirements,lender notices,and documents shall control,and this document shall be amended so as not to alter or to conflict with the aforesaid regulations,handbooks, administrative requirements,lender notices,and documents. So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,(i)this Note may not be amended without the prior written consent of HUD and of the City of Eden Prairie. or any successor holder of the CDBG mortgage on the Project,and(ii)it may not be sold,transferred, assigned,or pledged without the prior written approval of HUD. The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the fmal maturity date of this Note. Prepayments may be made only with the prior written consent of the HUD so long as there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project,and any unauthorized prepayments shall be held in trust for the Project and,upon HUD's request,shall be deposited with HUD or its designee. y' 16) Demand,protest, and notice of demand and protest are hereby waived,and the undersigned hereby waives,to the extent authorized by law,any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. The Borrower promises to pay all costs of collection,including but not limited to reasonable attorneys' fees,paid or incurred by the Lender on account of such collection. This Note shall be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day and year first above written. • BORROWER: HARTFORD ASSOCIATES,LLC By: Its: Chief Manager By: Its: 0534391.01 `' r CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services I.C. 99-5484 and I.C. 98-5470 Alan D. Gray Receive Feasibility Report and Set Public \J ft Hearing for Charlson Area Improvements Requested Action Move to: Adopt resolution setting a public hearing for Charlson Area Improvements (I.C. 99-5484 and 98-5470) for 7:00 P.M.,July 18, 2000. Synopsis With the assistance of SRF, the City Engineer has prepared a feasibility study for street and utility improvements serving approximately 460 acres southerly of Pioneer Trail and southwesterly of Flying Cloud Airport. A public hearing is the next step in the consideration of these improvements. Background Information In response to a petition for street and utility improvements in 1999 from Lynn Charlson and Grace Church, Council authorized the preparation of a feasibility study. A study has been completed and based on property owner meetings there is substantial support to proceed with improvements based on proposed assessments. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, recommending the following improvements to wit: LC.99-5484 and 98-5470—Charlton Area Improvements NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an cstimated total-cost of-the-improvements as shown. 2. A public hearing shall be held on such proposed improvement on the July 18, 2000 at 7:00 P.M. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on June 20,2000. • Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: June 20, 2000 SECTION: Consent Calendar SERVICE AREA/D A .ION: ITEM DESCRIPTION: ITEM NO.: Public Works Servi - ea Approve Special Assessment Agreement with Eugene A.Dietz i Lynn Charlson for"Charlson Area Street and VT Utility Improvements" ` Requested Action Move to: Approve Special Assessment Agreement with Lynn Charlson for the"Charlson Area Street and Utility Improvements" and authorize execution of the document by the Mayor and City Manager. Synopsis On June 20, 2000, the City Council will receive the feasibility study for street and utility improvements in the general area bounded by Pioneer Trail, Eden Prairie Road, Riley Creek and TH 212. A special assessment agreement has been negotiated with the largest land owner in the project area — Lynn Charlson — that will be a key first step in implementing the project. This agreement has been developed in context with the feasibility study and provides mutual agreement on distribution of estimated cost, right-of-way/easement issues, timing and collection of assessments. . Background Information In 1997, the Metropolitan Council approved an expansion of the Metropolitan Urban Services Area (MUSA) of approximately 460 acres bounded by Pioneer Trail, Eden Prairie Road, Riley Creek and TH 212. In 1998, major portions of the 460 acres received a revised guide plan designation from low-density residential and public open space to church, medium-density residential and office/industrial. There are three key land owners that will benefit (and therefore pay for infrastructure improvements) from the improvement project — Lynn Charlson, Metropolitan Airport Commission and Grace Church. City Engineer Alan Gray and City Attorney Ric Rosow have negotiated a special assessment agreement with Lynn Charlson (the largest land owner). In connection with development approval, it is anticipated that Grace Church will also enter a special assessment agreement for the improvements. With these agreements in hand, it is staff expectation that an agreement can be negotiated with MAC that would allow the improvement project to proceed in a timely manner that would meet the needs of all property owners in the service area. Staff view this special assessment agreement as a critical step in the five-year long process to bring these 460 acres into the development process and therefore recommends that Council approve and authorize execution of the agreement. t ��,.,,.,..�... ..o.,Y�,,., ....,.eu .ur..�...qua Smuvvmmu"•""•� an..-..�,..,-.,..m.,,._.nucs.�.wr uy.u.i++.... � � � � „ �.,....,. .,.,.....�� .,�.,. Gene Diefz- greement egardmg Specia�I ASSeSSmentS.TEECIOc Page .....,.n,.o-...,.,.. ..: .� n. .. . w �.....u .: • AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS AGREEMENT,made this day of , 2000 between the CITY OF EDEN PRAIRIE, a municipal corporation ("City") and LYNN L. CHARLSON, a single person,of Victoria,Minnesota("Charlson"). A. Charlson holds legal and equitable title in and to Property, legally described on Exhibit"A"attached hereto(the"Property"). B. Charlson desires to market the Property to others who will develop it in such manner that will require construction of improvements (the "Improvements") by the City as described in the "Charlson Area Improvement Feasibility Study, Street and Utility Improvements, Improvement Contract 98-5470 and 99-5484" prepared by the City of Eden Prairie, Public Works Service Area Engineering Division, dated the 14th day of June, 2000 ("Feasibility Report"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements, all of which will inure to the benefit of the Property and the levying of assessments for said Improvements. IT IS HEREBY AGREED AS FOLLOWS: 1. Charlson consents to the levying of assessments against the Property for the Property's assigned share of the costs of said Improvements as set forth in the Feasibility Report. 2. The cost of said Improvements shall be assessed against the Property as set forth in the Feasibility Report. 3. The City may proceed with the construction of the Improvements on or after the 1st day of April, 2001 in accordance with this Agreement. Charlson agrees to provide fee title, temporary and/or permanent easements for road improvements as required for the Improvements on demand by the City without compensation; provided, however, the fee title and permanent easement areas for roadway purposes shall not be included as assessed or assessable acreage of the Property. 4. For the purpose of determining the amount of the assessments against the Property,the Improvement costs shall be substantially in accordance with the estimated costs set forth in said Feasibility Report. 5. Special assessments levied against the Property shall be due and payable in installments,the first of which shall be payable commencing with the ad valorem taxes due and payable no earlier than the later of 2002 or the calendar year following the year of the assessment is levied. 1 Gene Dietz-Agreement egarding Specia A i g 9 9 ssess P ments.2•oc. oc Page 2 6. The City's assessment records for the Property will show the assessments as a "Pending Assessment"until levied. 7. Chanson hereby (a) petitions the Council of the City to construct the Improvements and assess the costs thereof in the manner set forth herein, (b) waives notice of any hearing on said Petition,and(c)further waives notice of any assessment hearing thereon. 8. Chanson concurs that the benefit to the Property by virtue of the Improvements to be constructed are at least equal to if not greater than the amount of the assessments to be levied against the Property hereunder. In consideration of the City's agreement herein and particularly in consideration of the amount of the assessment against the Property as set forth in paragraph 4 above, Chanson waives all right he has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of such assessments, or the procedures used by the City in making the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of such assessments. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year • first above written. CITY OF EDEN PRAIRIE By: Jean L.Harris,Mayor Lynn L.Chanson By: Chris Enger,City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000,by Jean L. Harris,Mayor and Chris Enger, City Manager on behalf of the City of Eden Prairie,a municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2000,by Lynn L.Charlson. 2 3 CITY COUNCIL AGENDA DATE: 6-20-2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Michael D. Franzen Guide Plan Update Extension cs, Requested Action Move to: • Adopt the Resolution for Guide Update Extension. Synopsis Additional time is needed to complete the Guide Plan update. The Metropolitan Council requires that the City Council adopt a resolution requesting an extension Background On April 18, 2000, the City Council approved a Professional Service Contract with DSU to help staff produce the guide plan update book. The guide plan update will take 4-6 months to complete. Public hearings will be scheduled with the Community Planning Board and City Council. After City Council approval, the plan will be submitted to adjoining communities and the Metropolitan Council. The guide plan update book will include the following: • A statistical update on land use,housing,parks, sewer,water, aviation, and transportation. • Policies on land use,housing,parks, sewer,water, aviation, and transportation. • Charts and maps explaining statistics and policies. • Land use map Attachments 1. Resolution for Guide Plan Update Extension I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- A RESOLUTION REQUESTING A SIX MONTH EXTENSION OF THE JUNE 30,2000 DUE DATE FOR REVIEW OF THE CITY OF EDEN PRAIRIE COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS WHEREAS,MN State Statute §473.175-473.871 requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS,the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the city; and WHEREAS,the City of Eden Prairie is required to revise its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by June 30, 2000; and WHEREAS,the City of Eden Prairie has scheduled and budgeted to complete a major review and update of its comprehensive plan by December 31, 2000; NOW,THEREFORE,BE IT RESOLVED,that the City of Eden Prairie requests that the Metropolitan Council grant the City of Eden Prairie a six month extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the Community Planning Board and after consideration by the City Council, submit the plan to the Metropolitan Council for review. ADOPTED by the City Council on June 20, 2000. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 06/20/00 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Don Uram Resolution declaring the City's intent to exercise ITEM NO.: Director of Community Local Transit Levy Option for Taxes in 2001 Development &Financial 71—I • Services Requested Action Move to: Adopt a resolution declaring the City's intent to exercise the Local Transit Levy Option for Taxes in 2001. Synopsis • According to statute, each year SWMT must request that its three service communities participate in the Local Levy Transit Option that provides that the City, instead of the Metropolitan Council, levy the transit tax. Consistent with the direction established when levy limits were in place, Staff recommends tharthe levy for transit increase by the same percent as the City's 2001 general fund levy. This is estimated at about six percent. After approval by Eden Prairie and the other two cities, SMTC will notify the Metropolitan Council and the Commissioner of Revenue of the intent of the cities and SMTC to participate in the option. The deadline for that notification is June 30, 2000. Background Information The adoption of the resolution will set a maximum transit levy amount for the City of Eden Prairie to levy its property owners. As with the City's process,this is not necessarily a final levy number, but a maximum amount which will not be exceeded for 2001. Detailed budgets will be completed in tandem with the City's processes and presented for Council review. Attachments Resolution CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN RESOLUTION NO. DECLARING INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2001 WHEREAS,Laws of Minnesota for 1996, Chapter 455, Section 4 (the"Local Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen, and Chaska,to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, subdivision 4; and, WHEREAS, said local transit levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and, WHEREAS,in order to effectively exercise the local transit tax levy option, it is necessary that each of the Cities of Eden Prairie, Chanhassen, and Chaska,notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes before July 1 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year; and, WHEREAS,it is in the best interest of the City of Eden Prairie that it declare its intent to exercise the local transit levy option for taxes payable in 2001. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 2001 as permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Manager is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council of the City's intent to exercise the local transit tax option for taxes payable in 2001 in accordance with the notice attached hereto as Exhibit A and incorporated herein by reference. ADOPTED by the City Council of the City of Eden Prairie this 6th day of June, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 2001 The State Commissioner of Revenue and the Metropolitan Council are hereby notified that the City of Eden Prairie, Minnesota, intends to exercise the local transit tax levy option for taxes levied in 2000 and payable in 2001 pursuant to Laws of Minnesota for 1996, Chapter 455, Section 4. The maximum amount of the City's transit tax for the 2001 levy year is $3,655,997 all in accordance with Laws of Minnesota for 1996, Chapter 455, Section 4, for taxes levied by the City in 2000 and payable in 2001. By order of the City Council of the City of Eden Prairie. CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety/Police Construction Contract—New Radio Tower Gary Therkelsen Requested Action Move to: Award contract to Tim's Tower Service in the amount of $233,321.39 for construction of new radio tower and demolition of old radio tower. Synopsis The sale of the former police building and property requires the removal of the radio tower at that site. The proposed radio tower will be constructed at the Public Works Maintenance Facility on Technology Drive. Background Information The radio tower replacement project was engineered by a licensed professional engineer. In addition to the tower, the project included a building and emergency back up power system. Detailed technical specifications were developed and the project was advertised in the Eden Prairie News. In addition, specification books were mailed to several potential bidders. One bid was received and it has been reviewed and deemed compliant by the engineer. The engineer and staff recommended re-bidding the building and power generation system portions of the bid. This is a partial award for the tower work only. Attachments • I CITY COUNCIL AGENDA DATE: SECTION: Consent June 20,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety/Police Agreement for Professional Services- Gary Therkelsen Radio Engineering-Tower Project , M ) Requested Action Move To: Approve agreement with Leonard J. Koehnen&Associates for radio engineering work required to relocate the City's radio transmitter facilities from the former police.building site to the Public Works Maintenance Facility. The cost of services shall not exceed$21,184.56. Synopsis The-sale-of the-former-police building-and-proper y requires-the-removal-ofthe iadio lower-at that site. A replacement radio tower will be constructed at the Public Works Maintenance Facility on Technology Drive. Background Information Leonard Koehnen & Associates has provided similar services to the City for the past 10 years and is highly regarded in the industry for his telecommunications engineering competence and experience. Our experience with this highly experienced firm has been excellent. Attachments Agreement for Professional Services(2 originals) • AGREEMENT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT entered into between Leonard J. Koehnen&Associates, Inc., a Minnesota corporation (hereinafter referred to as "Engineer"), and the City of Eden Prairie, a Minnesota municipal corporation(hereinafter referred to as"Client"). This Agreement will supersede the "Standard Terms and Conditions" dated March 16, 1999 contained in the Communications Engineering Services Proposal:City of Eden Prairie,MN, New Radio Tower,dated September 28, 1999,submitted by Leonard J.Koehnen,PE Consulting Engineer,Leonard J.Koehnen&Associates, Inc.(hereinafter the"Proposal") WHEREAS,the Client intends to locate a new radio tower and purchase or relocate existing radio equipment(hereinafter referred to as the"Project"); and WHEREAS, the Engineer has the necessary personnel and facilities to provide the professional services described; and WHEREAS, the Engineer desires to contract with the Client for the purpose of rendering professional services for the Project. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, subject to the terms and conditions set forth below, the—Client and—th Ewgineer hereby agree as follows: 1. PAYMENT TERMS: The fee quoted in the Proposal is based on these terms and conditions. An adjustment of terms and conditions by the Client may change the fee quoted. a. Engineering Services: Subject to the terms hereof, the cost of services shall not exceed$21,184.56. b. Travel Expenses: Travel expenses in the metro area are included in the fixed fee. If the Client requests that Engineer travel beyond a 100 mile radius of the project site, then travel cost reimbursement will be requested under the EXTRA WORK provisions of this Agreement. c. Net: All payments are Net 45 days, one percent per month late charge thereafter. 2. TIME TABLE: If there is an increase of the standard rates of service of the Engineer in the year 2000, such increase in rates will apply only to Extra Work. 3. TAXES: The fee quoted does not include any fees or taxes, such as sales tax(Minnesota or any other applicable state), business tax, permits, or additional insurance that may be required by the Client. If required,these will be added to the total fee. 4. LICENSE FEES: Engineer will prepare all radio license applications associated with this project. Frequency Coordination and License Application fees will be borne by the Client and are over and above the fee quoted for this project. 5. COPIES OF REPORTS: Copies of report(s) and specifications will be supplied in the quantity specified in the RFP,Statement of Work or contract. If none are specified, 12 copies will be supplied. 6. EXTRA WORK: The fee quoted in this contract includes all work from the start of the project through the date the contractor states that the project is complete,plus an additional 90 days. STANDARD RATES OF SERVICE PRINCIPAL ENGINEER(Leonard Koehnen) $137.50/Hour ENGINEER $85.00/Hour SECRETARIAL/CLERICAL $35.00/Hour AUTOMOBILE $0.32/Per Mile EXl'ENSE`S As incurred with no adders MEALS Standard Meal Allowance is$25 per day a. Delay or Default: If the Project extends beyond the time identified above for completion or goes into a default condition, caused by no action on the part of the Engineer, Extra Work will result. Work will be billed on the 61 St day retroactively to the stated or quoted completion date and thence onward to the actual completion date. If the contractor completes the project within 60 days,no additional billing will be made. b. Bidders Disputes: The Engineer will review bids and recommend a bid or proposal within the Client's guidelines. The fixed fee contract includes reasonable time to defend against unselected bidder disputes. If litigation or arbitration is commenced and the Engineer is required to provide services with respect thereto,the Engineers time and expenses will be billed as Extra Work. 7. INSURANCE: Engineer shall carry full automotive and general business liabilityinsurance. Insurance certificates will be supplied on request. Any other insurance requirements imposed by the Client will be added to the cost of this project at the cost incurred. '3 Tnsurance policy in force as of this date are: Company Automobile: $500,000-$500,000-$100,000 General Business Liability $1,000,000 Business Liability $2,000,000 Aggregate Minnesota Workers Compensation- Exempt(Employee-Owner) State Farm Policies: 31968633-23H and 93-20-6198-6F Engineer shall provide Certificates of Insurance upon request of the Client. 8. NEW CONSTRUCTION OR BUILDING RENOVATION: If new construction or building renovation by others is involved in this project,the full and complete responsibility for this work will be the Client's architectural/engineering(AE)firm(s).Engineer will provide suggestions,guidance and recommendations to the Client's AE firm(s). If the AE firm(s)do not follow Engineer's recommendations and suggestions, Engineer will report such to the Client immediately. Engineer takes no responsibility for the omissions nor deviations of code or accepted practices by the AE firm(s). This includes all electrical,structural work,lighting management and suppression, and code compliance. 9. INTERFERENCE: The Radio systems will be designed to the maximum extent possible to minimize interference from and to others on the same frequency/channel. However many variables are ouEof control o e ngineer. a. Frequencies are assigned by the FCC and the frequency coordination process and are out of the control of the Engineer. b. Digital and analog sub audible coded squelch systems are unregulated. Presently, interference is reduced because of informal communications between radio repair facilities, vendors and consultants. Engineer maintains a 3000 entry database of coded squelch tones and codes used in the Upper Midwest to aid in tone/code selection. If this is a new system or a new channel to a system,included in the quotation is the selection of an unassigned digital coded squelch code within normal reception range of the system. If the Client must or wants to use tone coded squelch, the Engineer will reuse the tone code used by the Client or one recommended by the Client on that frequency/channel with the Client assuming the entire risk for interference. If the Engineer must select the clear analog tone/code,co-channel users will be polled and documented for normal skip range at the fee quoted as Extra Work. c. Acts of God. During summertime warm weather and thunderstorms skip can come even on the highest frequencies from hundreds of miles away. r 10. NEGOTIATION FOR LEASED RADIO SITES: To minimise price speculation by potential site owners or their representatives,all site use,lease or purchase negotiations will be exclusively done by the Client. The Engineer will provide full support to the Client in site selection, engineering, and negotiations. 11. COMPLETE PROJECT SERVICES OFFERED: The services covered by this contract proposal are the following: SYSTEM PLANNING AND ENGINEERING BIDDING PROCESS CONSTRUCTION Attend Client Meetings Prepare bid specs or RFP Attend project meetings Prepare at least one report&Estimate Print 10-20 copies of document Perform spot inspections Meet with Client to adjust system costs Provide list of prospective bidders Perform fmal inspection Agree on fmal system configuration Conduct bidder's meeting& Perform one re-inspection Prepare FCC License Applications Site tour Prepare report of acceptance 12. REQUIREMENTS OF THE CLIENT: To successfully complete this project,the Client is requested to provide the following: a. Designate one person to represent the Client and all divisions and departments in all matters to this firm for the life of this project. b. Provide timely approval of all work or instructions as required. c. Keep the Engineer advised of any proceedings, contracts, agreements, or actions between the Client and others which may affect the time table,successful performance, and outcome of this contract. d. Provide access to all radio sites, equipment, information, and records necessary to successfully complete this project. e. Keep the Engineer advised of any changes or variations in requirements of this contract before and after the order for services has been let. f. Provide the Engineer with a current list of all existing equipment by model number and the location of this equipment(by vehicle number for mobile units). g. Provide the Engineer with an accurate copy if possible of the radio service contract, maintenance records, and telephone line charges. h. The Engineer may have the use of a mobile or hand held radio to test the existing and new system(s). Their call sign will be Radio Engineering or a call sign assigned by you. 7' 5 i. Provide authorization for the Engineer to operate a mobile or hand held radio on your radio system in accordance with FCC and State rules including the assignment of a unit number for the duration ofthe contract. This will include an assignment of a radio call number. j. inform Engineer of all meetings with potential bidders,the Contractor,architects,and other interested parties and copy of all correspondence to and from bidders and the Contractor. k. The Engineer and most of the Contractors, Bidders, and the Suppliers now intercommunicate using the Internet. The Client is requested to have an e-mail address accessible from the Internet. 1. Inform the Engineer of any contract amendments entered into with Contractor. 13. SPECIAL CONDITIONS: a. Engineer agrees to provide the professional services for the Project as described herein and in the proposal. b. Engineer agrees to perform all services in a thorough and professional manner and to hold Client ha mess from any hens for materials andTabor furnished by Engineer in connection with the Project. c. Engineer's services shall be performed,within the limits and constraints prescribed by Client,in a manner consistent with that level of care and skill ordinarily exercised under similar circumstances by other professional consultants practicing in this or similar localities. 14. COMPENSATION FOR SERVICES: a. Client shall compensate Engineer for services rendered under this Agreement as provided in paragraph 1. b. In the event Client disputes all or part of the charges contained in Engineer's bill for services, Client shall make payment of that portion of the bill which is undisputed,if any, and shall notify Engineer in writing of the reason for the dispute. 15. INDEPENDENT CONTRACTOR: The Client and the Engineer agree that the Engineer will act as an independent contractor in the performance of its duties under this contract. Accordingly,the Engineer shall be responsible for payment of all taxes including federal,state and local taxes arising out of the Engineer's activities in accordance with this Agreement, including without limitation Federal and State income tax,Social Security tax,Unemployment Insurance taxes, and any other taxes or license fees as required. 16. TERMINATION OF AGREEMENT: This Agreement maybe terminated by either party if the other party substantially fails to fulfill its obligations under this Agreement through no fault of the terminating party. The terminating party shall give not less than ten (10) days written notice of its intent to terminate the Agreement. If Client terminates as a result of Engineer's default, any payment due Engineer at the time of termination maybe adjusted to the extent of any additional costs the Client incurs due to Engineer's default. If Engineer terminates as a result of Client's default, Engineer shall be paid for labor performed and expenses incurred up to the termination date. Upon receipt of notice of termination,Engineer shall promptly discontinue all services and upon receipt of final compensation make available to Client all appropriate documents prepared under the Agreement whether completed or in process. 17. OWNERSHIP OF DOCUMENTS: a. All field data, field notes, calculations, estimates, and other documents prepared by Engineer as instruments of service shall remain the property of the Client. All published reports shall be and remain the property of the Client. b. Engineer will retain all pertinent records in accordance with Engineer's record retention program. 18. CONFID : ngmeer s hold confide-fit - rsusiness or technical information obtained from the Client or its affiliates or generated in the performance of services under this Agreement. Engineer shall not disclose such information without the Client's consent except to the extent required for(1)performance of services under this Agreement; (2) compliance with professional standards of contract for preservation of public safety,health,and welfare; (3)compliance with any court order or other governmental directive;and/or(4)protection of Engineer against claims or liabilities arising from performance of services under this Agreement. Engineer's obligations hereunder shall not apply to information in the public domain or lawfully acquired on a confidential basis from others. 19. DATA PRACTICES ACT: The Engineer shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Engineer. 20. PRIVATE DATA: Private data as defined in Minn. Stat. § 13.02,subd. 12 supplied by the Engineer shall remain private data in the hands of the Client. The purpose and intended use of the data are as follows: Evaluate Engineer's performance under this Agreement and enforcement of the Agreement. The Engineer may not refuse to supply the requested information. The following are the consequences from supplying or refusing to supply the requested information: Termination of the contract. I 7- The following individuals are authorized to review the data:City administrative personnel who are either involved in the administration of this Agreement or are directed bythe City Manager to review Agreement and or the material. 21. AUDITS: The books,records, documents, and accounting procedures and practices of the Engineer or other parties relevant to this agreement are subject to examination by the Client and either legislative auditor or the state auditor for a period of six years after the effective date of this contract. 22. INCOME TAX WITHHOLDING: No final payment shall be made to the Engineer until the Engineer has provided satisfactory evidence to the city that the Engineer and each of its subcontracts has complied with the provisions of Minn.Stat.§290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 23. WORKERS' COMPENSATION: Engineer represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn.Stat. § 176.181,subd.2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Client prior to execution of this agreement is current and in force and effect. 24. DISCRIMINATION: In performance of this contract,the Engineer 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 the Engineer, any subcontractor of the Engineer, or any applicant for employment. The Engineer shall include a similar provision in all contracts with subcontractors to this contract. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. § 363.01, et seq.,Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. CONFLICTS: No salaried officer or employee of the city and no member of the city council shall have a financial interest,direct or indirect,in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 26. CLAIMS: To receive any payment on this contract, 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." 27. TARGETED GROUP BUSINESSES: The Engineer shall make a good faith effort to encourage meaningful participation of"Targeted Group Businesses" in the value of all procurements and subcontracts for Engineer,professional,and technical services. "Targeted Group Business"means a small business designated by the commissioner of administration under Minn. Stat. § 16C.16, that is majority owned and operated by women,persons with disabilities, or minorities. 28. ENGINEERS PROMPT PAYMENT OF SUBCONTRACTORS: The Engineer shall pay to any subcontractor within ten(10)days of the Engineer's receipt of payment from the city for undisputed services provided by the subcontractor. The Engineer shall pay interest of one and a half percent (1 1 %) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00.For an unpaid balance of less than$100.00,the contractor shall pay the actual amount due to the subcontractor. 29. GENERAL CONDITIONS: a. Neither the Client nor the Engineer may delegate, assign, sublet or transfer its duties or interest in this Agreement without the other party's written consent. b. This Agreement and the Proposal,as modified herein,represents the entire Agreement between Client and Engineer for the project and supersedes all prior negotiations, representations or agreements either written or oral. This Agreement maybe amended only by written instrument signed by both Client and Engineer. c. In the event any provisions of this Agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,term, or condition shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands this day of ,20 CITY OF EDEN PRAIRIE By: Leonard J. Koehnen, PE Consulting Engineer Its: LEONARD J. KOEHNEN&ASSOCIATES,INC. By: Its: 1)., Sa7,, s1— Its: Ep\Koehnen\Agreementt012700 f CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services ".. Ai , Gary J. Therkelsen Resolution Declaring "Abandoned Property" 3L-= Requested Action Move to: Adopt resolution declaring the property listed on Exhibits A and B as "abandoned property." Synopsis Public Safety Services has accumulated a quantity of bicycles and miscellaneous items that remain unclaimed. City Code Section 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information The property itemized on Exhibits A and B has lawfully come into the possession of the City's Police Department in the course of municipal operations, remains unclaimed by the owners, and has been in the possession of the Police Department for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 D., the Police Department would like to dispose of the property itemized on Exhibit A by private sale through Project for Pride in Living, Inc. (PPL), (phone number 612/789-3322, 850 15th Ave. NE, Minneapolis, MN) a nonprofit organization that has a significant mission of community service. Attachments • Resolution-Declaration of Abandoned Property. • Exhibit A - List of unclaimed property to be declared "abandoned property" for disposal by Project for Pride in Living. • Exhibit B - List of unclaimed property to be declared "abandoned property" for conversion for City use. • Agreement between City of Eden Prairie and Project for Pride in Living,Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. DECLARATION OF ABANDONED PROPERTY WHEREAS,City Code 2.86 Subd.2 requires adoption of a resolution by City Council to declare the property itemized on Exhibits A and B as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the property itemized on Exhibits A and B as "abandoned property." ADOPTED by the City Council on June 20, 2000. Jean L.Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A - Project for Pride in Living • ClassExtension Description Make Model SerialNumber Power Book Adaptor Macintosh Sunglasses(P) Guess Sunglasses Guess Trampoline Springs,Pad Pager(R) Pagemart pager(299-10 Pagemart 207825 Tools-Other (X) Misc.Tools,Bucket-Nail Trumpet case-brown Watch(J) womens digital watch Pager(R) E0245907 / 01624 Motorola Flex Amplifier(R) 0092335014033 CD Player(R) AM/FM/CD Player(In-da Kenwood KDC S5009 80105286 Baseball Bat (S) T-Ball Bat,aluminum Tee Ball 1450 Flashlight (E) Flashlight(E) Nink�lashhght Auto Parts(W) 4-way tire iron Perfume (E) (2)Bottles of Perfume Television(R) AC/DC Panasonic TV- Panasonic Clothing(D) (3)hats-Calin Klein,No Shredder Fellows PS55CC Telephone(E) Black w/shoulder rest Sony SPP0110 8803786 Knife(H) CRKT folding clip knife Paper/Miscellaneous(Y) map Clothing(D) Hat Red Dog Cellular Phone(E) Motorola 19031WASBA 781GUEW347 Bag USA Liz Claiborne Bag Liz Claiborne Watch(J) (3)Guess Watches Guess Watch(J) (7)Misc Watches Plaque "Don Larsens Perfect G Watch(J) Watch Tuesday,June 13,2000 Page 1 of S 3 Exhibit A - Project for Pride in Living ClassExtension Description Make Model SerialNumber Watch(J) (1)Guess Mens Watch Guess Clothing(D) Black Baseball Hat Guess Clothing(D) White T-Shirt,Large Marina Sunglasses(P) 2 Pair of Sunglasses 2 Flags and Snowman Radio(R) Cassette Player,yellow Sony Golf Clubs(S) See Notes Calloway Camera(C) W/Fugi Film Endeavor Watch(J) (5)womens watches Guess Telephone(E) Panasonic Handset Panasonic KXTC280B Knife(H) Swiss Army Knife CD Player(R) Sony D 842K 590578 • Auto-Parts-(W) (2)-tires Goodyear Eagle-HP-P205-60-15 Watch(J) Seiko Quartz Watch w/B Seiko Baseball Bat (S) Easton Chisel (E) Wood Chisel Clothing(D) Black Jeans Clothing(D) jacket,scarf Shoes (D) Adidas Tennis Shoes Adidas Cellular Phone(0) 1 cel phone Motorola D42D25E1 Charger(Y) 1 phone charger Motorola Overnight 963577316 Knife(H) Sog w/leather case&st (2)Pair of Shoes stuffed animals(2),shirt Q-Tips (1)500 ct Q-Tips Pedometer (S) Cateye Cateye Enduro CCST250 Blower(X) No Serial# Craftsman Remote Control (R) (2)Remote Controls Tuesday,June 13,2000 Page 2 of 5 Li Exhibit A - Project for Pride in Living ClassExtension Description Make Model SerialNumber Yard Ornaments(Y) (2)Xmas Bear Lawn Or Bicycle(B) Dirt Bike Painted White Camera Equip/Misc (C) Tripod Bogan 3046 Computer(0) Compaq 4133 A313HER71031 Computer,Laptop(0) Toshiba T3200 02042335 2 Stay Put Spray adhesi Flashlight (X) 1 Flashlight-small Swatch Speaker(s) (R) 1 speaker,Series 1 Rockford Fosgate Books (Y) Verdi bag of comic book Glassware Glassware/Figurines Computer(0) Apple 1988 F9249W2M5685 1 box of wire ties,outlet Measuring-Devices—(X-)—scale;t50— Sunbeam Freightniaster 1 Box of Apple Cartriges Power Supply Smart Unison PS0488 Drain Hankison 541 05411921 1 Box of phone cord and Ink Jet Paper(2) Measuring Devices (X) Micrometer in wooden b Mitutoyo 103262 Measuring Devices (X) Digital micrometer Aerospace E026 Radio(R) AM/FM/Light Radio International Shoes (D) (2)pair of boots Ring(J) Ring,Bracelet Black Hills Gold Shoes (D) (1)pair hiking boots Clothing(D) (2)pair of mens shorts Play Station (R) Sony Play Station Sony Flag P.O.W.M.I.A.Blk/Whi Fl P.O.W. Bicycle(B) Purple/Pink Free spirit 806MA52506 Tuesday,June 13,2000 Page 3 of 5 5 Exhibit A - Project for Pride in Living ClassExtension Description Make Model SerialNumber Bicycle(B) Blue/Silver Rallye Tech 290 Helmet (S) Blue ProAction Bolt Cutter(X) Bolt Cutter Prybar (X) Prybar from burglary sce Golf Bag/Equipment (S) Golfballs,Golf tees,Ball Pager(R) pager Compact Disc(Y) 6 Boxes of CD's Watch(J) 13 Misc.Watches,Valle Purse(P) black purse CD Compact Disc(R) 6 Various compact Disc Audio Tape(Y) 17 Cassette Tapes(vari Television(R) JC Penney 12901227 Gamera-Lens-(C) 200mm-Camera-L-ens-in Tokina 8151483 Camera Lens(C) 50mm Camera Lens in Pentax Vivitar 3382212 misc jewelry Watch(J) Ladies Guess Watch in Guess Watch(J) (2)Guess Watches Guess Fannypack Fannypack Clothing(D) hat,shirt Radio(R) 1930's(?)Vintage Radio Zenith Clothing(D) 32 x 30 Green Levi Jean Levi 560 Baseball Cards Valentino Bag/Case of b Pictures "Moosehead"picture&" Doll(Y) Puppet Doll/Brown Dog Dakin Radio(R) Walkie Talkies Sprint Television(R) TV Bell's Howel Showmate 4 60201095 Light in case Compact Disc(Y) Case w/10 CD's Tuesday,June 13,2000 Page 4 of 5 Exhibit A - Project for Pride in Living ClassExtension Description Make Model SerialNumber Modem (0) Gateway 2000 Modem Wallpaper (9)Wallpaper Borders Metal Box Lt Bro 10"x8"x4"metal b Clothing(D) Sweatshirt,pants,shirt,j Bicycle(B) Blue 12 spd. Lotus Pro Series 2000R 695476620 Bicycle(B) Freespirit Pinwheels 806MA52506 Bicycle(B) Blue/Silver Rallye Tech290 Helmet (S) White BulletHulman SParkling Bicycle(B) White Frame,Teal Fork, Magna Fugitive 90W054257 Bicycle(B) Orange,Water bottle hol Raleigh M400 AC7B000550 Bicycle(B) Silver, Dirt Bike GT Racing AN90400576 . Bicycle(B) Mint Green Frame,Past Huffy Gamera-(G) Camera-&-case— Samsung Fino-1-05XL 99101500 Bicycle(B) Purple,Water Bottle Hol Gary Fisher GU648981 Bicycle(B) Purple/Blue Frame,Mou Trek 830 GY401754 Bicycle(B) Tourquis,Dirtbike,Hand Free Style Haro HRKL60751 Baseball Bat (S) Bicycle(B) Black Mens 10 Speed Schwin Maximizer Bicycle(B) Black 12 Spd. Spalding Blade Backpack(E) Backpack,flannel shirt (3)Pet Leashes Bicycle(B) Mt Bike Style,Green Bianchi Timber Wolf 0170272 Tuesday,June 13,2000 Page 5 of 5 1- Exhibit B - Convert for City Use ClassExtension Description Make Model SerialNumber Cellular Phone(E) Cell Phone Motorola TAC Lite Nailgun(X) Paslode 325 404610 Laminator IBico 01767 Cellular Phone(E) Cell Phone Nokia 2160 15608565858 Refrigerator(H) Cooler Superior Products Beverage Air Scanner(R) Bear Tracker 800 55020262 Torch (X) Torch Head&Propane Microwaves(H) Montgomery Ward 37245 CD Player(R) Sony 836CD Currency-Bills(T) $1 bill Cellular Phone(E) PhillipsAT&T model 673 AT&T 6738 Tools misc tools&tape Telephone(E) #805-1612 Motorola A23GXP ZX92 Screwdriver(E) Snap-on Black handle Cellular Phone(E) Cell phone w/black case Ericsson CH388 UA2009JIBA cell phone battery Ericsson 723CLAMNP Currency-Bills(T) $37 in cash found in wall Cellular Phone(E) cell phone&battery Ericsson omnipoint VA200B8E7M Copy Machine(0) Table Top Sharp SF7320 4660538Y Tools-Other (X) Screwdriver,Hatchet,M Heat Seal Kit Tools-Other (X) Tool Kit Screwdriver(X) screwdriver Homemade Case Open Currency-Bills(T) $50 plus$2.46=$52.46 Tools-Other (X) Misc Tools Camera(C) 35mm Camera in Gray Nikon N2000 2346416 Screwdriver(E) screw driver Screwdriver(X) Screwdriver Tuesday,June 13,2000 Page 1 oft Exhibit B - Convert for City Use ClassExtension Description Make Model SerialNumber Currency-Cash/Coin ( $519.60(Cash given to CitiBank Cellular Phone(E) Ericsson DF388 UA2009J3FN Hammer (E) • Cellular Phone(E) Cell Phone Motorola 88027AA 935GWMHH95 Screwdriver(E) Snap-on Screwdriver Tuesday,June 13,2000 Page 2 of 2 AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND PROJECT FOR PRIDE IN LIVING, INC. This Agreement is made by and between Project for Pride in Living,Inc. ("PPL") and the City of Eden Prairie (the "City") as follows: 1. PPL will pick up salable abandoned property(the "property") from the City Police Department. PPL agrees to accept all property that is in reasonable condition for resale. 2. The City will tag and identify each property with a unique number, and provide an inventory specifying each property. 3. PPL will maintain the inventory received from the City, determine the sale prices of each property and use its best efforts to sell the property. 4. Sales proceeds will be divided 30/70 between the City and PPL (70% will be retained by PPL and 30% will be remitted to the City). 5. Sales proceeds checks will be issued to the City on a monthly basis. 6. This contract shall continue for a term of six months after which it shall continue indefinitely until terminated by either party by written notice to the other. 7. Upon termination all amounts due to City shall be paid to City within 20 days after termination and all unsold property shall be returned to City. PROJECT FOR P IN LIVING, INC. CI F EDEN PRAIRI 5 By Its Manager ayor By Its City Manag Dated: I 1 / 8 Dated: 9.,,,i4(/ p /99�/ rfrkp\potice\ppLagr /V Additional Items for PPL 5 Misc. Coolers Sony Walkman S#WMFX421 Sharp Memo Master Alarm 600 S#94110C Uniden Pager, Model XLT9000, S#551149230 Motorola Cell Phone S#1HDT5UV1 Total TV Model#807273, S#807273 1 Holster 2 Plastic Gun Cases 1/ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services Michael T. Bosacker Resolution Declaring"Excess Property" ST 1 0 Requested Action Move to: Adopt resolution declaring the property listed on Exhibit A as"excess property." Synopsis Public Safety Services has accumulated a quantity of motor vehicles as the result of vehicle forfeitures from driving while intoxicated charges. These vehicles need to be disposed of. City Code Section 2.86 Subd. 3, Disposal of Excess Property, requires adoption of a resolution by the City Council to declare city property as surplus,the value estimated and the City Manager authorized to dispose of said property in the manner prescribed. Background Information The vehicles itemized on Exhibit A have lawfully come into the possession of the City's Police Department as the result of court action through Minnesota State Statute 169.1217 "Vehicle forfeiture for designated offense or license revocation". The titles for the listed vehicles have been transferred over to the City of Eden Prairie. In accordance with City Code Section 2.86 Subd. 3D., the Police Department would like to dispose of the property itemized on Exhibit A by public sale to the highest bidder. Attachments • Resolution-Declaration of Abandoned Property. • Exhibit A - Memo from Fleet Manager Cliff Cracauer listing vehicles to be declared "excess property and their condition. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. DECLARATION OF EXCESS PROPERTY WHEREAS, City Code 2.86 Subd. 3 requires adoption of a resolution by City Council to declare the motor vehicles itemized on Exhibit A as "excess property;" and WHEREAS,the motor vehicles have lawfully come into the possession of the City in the course of municipal operations and the City has title to the motor vehicles; NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the motor vehicles itemized on Exhibit A as "excess property." ADOPTED by the City Council on June 20, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk TO: Lt.Mike Bosacker,Eden Prairie Police Dept. FROM: Cliff Cracauer,Fleet Manager • DATE: June 5, 2000 SUBJECT: D.U.I. Forfeiture Vehicles After reviewing the paperwork and physical inspection of the vehicles listed below, it was concluded that none of the vehicles is saleable and should be offered to a salvage dealer for disposal. Most of the vehicles have significant damage and are not roadworthy. The following is a list of the vehicles described. An asterisk indicates that the vehicle has not been physically inspected but,because of age, model and description,resale is not indicated. Salvage Value 1985 Toyota Corolla 623-HLC $35.00 1985 Chevrolet Blazer 953-NXG 35.00 1985 Ford F250 pickup 185HCN 35.00 1988 Toyota Celica DHH-383 35.00 1988 Pontiac 6000 706-LXH 35.00 1986 Honda Civic 662-HZH * 35.00 1989 Ford Taurus 488-MSY * 35.00 1981 Oldsmobile 88 CFH-891 * 35.00 G:\Clift\Salvage Vehicles(6/5/00) • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 6/20/00 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Resolution Authorizing Mayor and City Manager Don Uram to sign MnDot Agreement for Phase III John Gertz Archaeology Report ' ' Requested Action Move to: Authorize Mayor and City Manager to sign MnDot Joint Powers Agreement to complete a Phase III,Archaeology Investigation at the Miller Brothers General Store site. Synopsis The Phase III Archaeology project at the Miller Brothers Store site concludes a phased project started in May, 1997, when the City, Eden Prairie Schools, Minnesota Department of Transportation (MnDot), and the Minnesota Historical Society's State Historic Preservation Office (SHPO),joined resources to enable a student archaeology project. The student phase, now completed, was funded through a CLG (Certified Local Government) grant from SHPO. The present Phase III, data recovery and technical report, is funded in full by MnDot. Funding from MnDot to complete the technical report is $17,330.00. The City agrees to administer the Phase III project and when complete, MnDot will reimburse the City in the amount above. Background Information: The technical report required by MnDot and SHPO is already complete in draft form. Hamline University undertook the student project, and also is responsible for the technical report. At the conclusion of the student phase, Hamline started to work on the data analysis and writing of the technical report. A total of 13,579 artifacts and ecofacts were collected from the Miller Brothers Store site. Artifact analysis quickly consumed time and resources available to Hamline's staff. City staff met with MnDot Chief Archaeologist, Joe Hudak and State Archaeologist, Mark Dudzik, to discuss extending the agreement. Considering the circumstances, MnDot agreed to increase funding by$3,000.00 and issue a new agreement. The present agreement will expire September 29, 2000. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR COMPLETION OF A PHASE III, DATA RECOVERY INVESTIGATION OF THE MILLER BROTHERS GENERAL STORE SITE WHEREAS, the City of Eden Prairie Minnesota and the Minnesota Department of Transportation wish to execute a Joint Powers Agreement for the purpose,of completing a Phase III, Data Recovery Investigation of the Miller Brothers General Store; and WHEREAS,that upon execution of this Joint Powers Agreement the City of Eden Prairie certifies.that it will comply with all applicable laws and regulations as stated in the State of Minnesota Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Manager are hereby authorized to execute the Joint Powers Agreement. ADOPTED by the City Council of the City of Eden Prairie this 20th day of June 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Engineering Release of Land from Special Assessment - Jim Richardson Agreement for Lot 4,Block 2,Bell Oaks 1s Addition Requested Action Move to: Approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release. Synopsis On September 7, 1999, the City authorized Resolution 99-157 whereas the property owners could pay a sum of $3,800.00 to the City and receive a Release of the Special Assessment Agreement for Riverview Road. We are in receipt of$3,800.00 as payment/release for Lot 4, Block 2,Bell Oaks 1st Addition. Background Information In May, 1989, the City entered into a special assessment agreement with Bell Oaks Company regarding the levying of special assessments for street and utility for improvements. This work remains a pending project tentatively scheduled for the year 2001. However, due to the prolonged time frame of the project, the pending assessment has created difficulties during sales of homes subject to the assessment agreement. To provide an alternative solution, Council adopted Resolution No. 99-157 on September 7, 1999, which allows pre-payment of the pending assessment. This is the first occasion that a pre-payment and release of the agreement has been requested. Attachments Release of Land from Special Assessment Agreement RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated May 30, 1989, was executed by and between the City and Bell Oaks Company, a Minnesota Limited Partnership, which Agreement was filed as Document No. 5552564 with the Hennepin County Recorder on July 11, 1989. 2. The special assessments contemplated by the Agreement have not been levied. The City is willing to accept the sum of $3,800.00 in full payment of all special assessments contemplated by the Agreement against any property against which the Agreement has been filed. 3. Stewart Title of Minnesota has paid to the City the sum of $3,800.00 on account of the Agreement for the benefit of Lot 4, Block 2, Bell Oaks 1d Addition (hereinafter the "Property"). THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated May 30, 1989, filed as Document No. 5552564 with the Hennepin County Recorder on July 11, 1989. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE . A Municipal Corporation BY: BY: Jean L. Harris Christopher M. Enger Its Mayor Its City Manager STATE OF M[NNESOTA) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2000, by Jean L. Harris and Christopher M. Enger, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: June 20, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Release of Land from Special Assessment Jim Richardson Agreement for Windfield 4th, 5th and 6th Addition Requested Action Move to: Approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release Synopsis On March 2, 1992, the City entered into an assessment agreement (No. 92-01) for the construction of Dell Road, with all appurtenances, between TH 5 and CSAH 1. All construction has been completed and assessments paid. It is timely to release said agreement. Attachments Release of Land • • • RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of June 20, 2000 FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated March 2, 1992, was executed by and between the City, and Windfield Limited which Agreement was filed as Document No.2255730 with the Hennepin County Recorder on April 28, 1992 2, The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired,the City is executing this Release of Land for all platted lots in Windfield 4th, 5th and 6th Additions, all in Hennepin County,Minnesota. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated June 20, 2000 filed with the Registrar of Titles as Document No. 2255730 on April 28, 1992. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: BY: Jean L.Harris Christopher M.Enger Its Mayor Its City Manager STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2000,by Jean L.Harris and Christopher M.Enger,the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Local Water Management Plan _ELS I Leslie Stovring Requested Action Move to: Authorize the City Manager or his designee to enter into a professional service agreement with Montgomery Watson for preparation of a Local Water Management Plan for an estimated fee of$83,871. Synopsis The purpose of the Local Water Management Plan(LWMP) is to consolidate information on our overall surface water management objectives, including management of our lakes, wetlands, stormwater ponds and creeks, as well as integration of stormwater planning with our surface water system. The final document will include water quality protection measures and a capital improvement program to bring the City's LWMP into conformance with each of the Watershed District's Water Management Plans. Background Montgomery Watson and Peterson Environmental completed the Comprehensive Wetland Protection and Management Plan (CWPMP) and Local Drainage Plan Update (LDP) in 1999. These Plans were the first step towards completion of the City's Local Water Management Plan(LWMP). The next step will be to integrate these Plans with our Comprehensive Guide Plan and the Water Management Plans prepared by the Watershed Districts into an overall surface water management plan for the City. The LWMP is a regulatory requirement that the City is required to complete after approval of the final Watershed District Water Management (509)Plan. Lower Minnesota River Watershed District completed their Water Management Plan in September 1999. Riley-Purgatory- Bluff Creek Watershed District and Nine Mile Creek Watershed District had both completed their Water Management Plans previously. The purpose of the Local Water Management Plan(LWMP) is to consolidate information on our overall surface water management objectives. The Scope of Work is broken into three Phases or Tasks. This includes Task 1 Project Initiation,Task 2 System Analysis and Task 3 Plan Preparation, Review and Staff Training. A Citizen Task Force will be established during Task 2 to evaluate the information gathered by the Consultants and assist City staff in establishing long term priorities and goals for management of our water resources. It is estimated that the Task Force will be recommended for appointment early this Fall. The scope of work will include: Local Water Management Plan June 12,2000 Page 2 of 2 • Setting management objectives for our lakes,wetlands, stormwater ponds and creeks • Integration of stormwater planning with our surface water system • Development of water quality protection measures • Evaluation of land development review procedures and standards related to stormwater planning • Analysis of watershed district and community involvement • Determining a capital improvement program • Setting maintenance schedules • Identifying runoff, erosion and sedimentation management issues • Evaluating floodplain and shoreland management requirements • Establishing a water quality database that will be linked to our wetland database and an updated GIS map. The estimated cost for this scope of work is $83,871 and will be paid from the storm water utility fund. Attachments • Proposal 2 MEMORANDUM ID) MONTGOMERY WATSON • • Leslie Stovring To: Eden Prairie Environmental Coordinator Date: June 12, 2000 From: Derek Knapp,P.E. . Project Engineer,Montgomery Watson Subject: Eden Prairie—LWMP Phase 11 Scope of Work Proposal Please find below a matrix and detailed breakdown of roles and costs for Montgomery Watson for preparation of the City of Eden Prairie's Comprehensive Local Water Management Plan (LWMP). As requested, each subtask has a breakdown of work items and costs. Please review our proposed work items and costs. Please feel free to contact me at (763) 595- 5261 if you have any questions. . Subtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 1-PROJECT INITIATION a) Introductory meeting-City staff - Attend meeting -Attend meeting 642 585 1,227 . and the Consultant shall meet to - Present work plan • - Present work plan review the work plan and set _ Compile data and - Compile data and preliminary dates for future materials list materials list meetings. This would include evaluation of: i) Water quantity and quality - Identify issues, ob- -- 622 -- 622 issues identified in the jectives, and design City's Local Drainage Plan criteria (LDP)Update and Compre- hensive Wetland Protection and Management Plan (CWPMP) and also the - Watershed District (WD) Water Management Plans. ii) Goals and objectives out- - Identify issues, ob- -- 525 -- 525 lined in the City's Compre- jectives, and design hensive Guide Plan. criteria iii) Overall protection and - Identify issues, ob- -- 525 -- 525 management goals for water jectives, and design • resources, including surface criteria and groundwater. iv) Recreation, open space,and -- - Identify issues, -- 450 450 wildlife habitat goals in re- objectives, and lation to water resource design criteria management goals. /3 Subtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 1—PROJECT INITIATION(Continued) v) Existing or ongoing water - Identify on-going — 505 — 505 resource sampling and programs analysis programs. vi) Methods of data collection - identify issues, ob- - Identify issues, 388 225 613 and analysis,if required. jectives, and design objectives, and criteria design criteria • vii) Budgetary and alternative - Identify budgetary -- 408 — 408 funding considerations. considerations viii)Development of a rating - Develop rating sys- - Assist MW in 719 260 979 system to determine the best tem developing rating allocation of resources. system ix) Development of a Task - Aid in development - Aid in develop- 311 260 571 Force and methods of dis- of Task Force ment of Task semination of public infor- Force mation regarding the Plan • process. • b) Collect and review all existing - City to supply data -Compile data and 291• 275 566 water and related land resources _ Organize for relevant review data,including but not limited to: tasks i) City water resource man- agement ordinances;known or potential non-point source contaminants; cur- rent guidelines for storm- water pond volumes, water quality, dead storage and rate control structures; and existing maintenance agreements. ii) Record drawings of all nec- - City to supply data -Compile data for 291 560 851 essary or required land use, - Organize for relevant subsequent demography, zoning, storm tasks graphic prepara- sewer system maps, and tion necessary survey bench- marks. iii) Other local, state, federal, - Contact agencies -Compile data and 699 280 979 or other relevant studies,in- - Organize responses review• eluding contacting the WDs, Hennepin County, Metropolitan Council, De- partment of Natural Re- sources, Pollution Control Agency, Board of Water& Soil Resources, Corps of Engineers, and the U.S. Fish and Wildlife Service. c) Prepare Data Collection Memo- -Prepare memorandum -Assist MW in 699 260 959 randum which shall outline the preparing memo- data sources contacted and the randum results of these contacts. TASK1 TOTALS 6,625 3,155 9,780 Subtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 2—SYSTEM ANALYSIS a) Wetland inventory update — — - Review record — 5,650 5,650 Field verify wetlands and drawings of all stormwater ponds within devel- post-inventory opments identified by the City developments for updating the wetland inven- - Field review im- tory. Stormwwater ponds and pact and mitiga- wetlands created or identified tion site since 1997 will be located on - Perform Min- aerial photos by the City. Con- RAM on wet- sultant shall use the Minnesota lands/ponds Interagency Rapid Assessment within develop- Methodology (MinRAM) Ver- ments sion 1.0 for functional evaluation of all wetlands and stormwater - Enter into data- ponds not identified in 1997. base Forms must be completed in the Microsoft Access database cre- ated for the CWPMP. (Antici- pate approximately 45 develop- ments that have stormwater ponds and/or wetlands.) b) Evaluate water quality and mod- - Collect water quality -- 1,982 -- 1,982 eling data collected by the WDs data and modeling and update the City's model ac- from watershed dis- cordingly. Stormwater modeling tricts for water quality is anticipated _ Analyze data for tributaries to the major lakes only (approximately 15-20% of the City). The water model re- quired is P8 Urban Catchment Model (latest version) for water quality. Upon completion of this model activity, a summary and interpretation of available infor- mation on water quality within the City shall be completed. The P8 model shall be developed to assist in: i) Predicting non-point source - Analyze modeling -- 1,923 -- 1,923 runoff pollutant loadings outputs from areas within Eden Prairie ii) Analyzing treatment capa- - Analyze modeling -- 2,274 -- 2,274 bilities of existing retention outputs basins iii) Developing comprehensive - Develop comprehen- -- 2,060 -- 2,060 recommendations to en- sive recommenda- hance water quality man- tions agement iv) Developing a Water quality - Construct water qual- -- 816 -- 816 monitoring program that ity monitoring pro- will allow for calibration of gram the P8 model,if required c) Evaluate the Phase II National -Evaluate and summa- -- 856 -- 856 Pollutant Discharge Elimination rize NPDES Phase II System(NPDES)rules. Summa- rules rize the general actions the City - Recommend compli- will need to complete to comply ance actions with the rules. Subtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 2—SYSTEM ANALYSIS(Continued) d) Evaluate needs for wetland and -System analysis -Evaluate impacts 1,632 425 2,057 stormwater pond improvements _ Evaluate stormwater to wetlands from for water quality and run- management im- water quan- off/flooding improvements. provements tity/quality im- provements - Assess regulatory ramifications e) Evaluate what information the -Identify data needed -- 1,555 — 1,555 City will need to complete a for"Use Attainability "Use Attainability Analysis" for Analysis" preparation of lake-specific and _ Coordinate with WDs stream-specific best management plans. The information required to complete the"Use Attainabil- ity Analysis" is outlined in the Riley-Purgatory-Bluff Creek Water Management Plan. Con- tact each of the WDs to deter- mine what analysis that the dis- tricts will be completing versus what the City will need to pro- vide to meet current standards. Information collected by the WDs for this effort should be summarized within the LWMP. f) The City will be completing the N/A -- -- -- 0 modeling for the Wellhead Pro- tection Area in 2000. This in- formation should be referenced in the LWMP. No additional evaluation of-or reference to groundwater information is re- quired. • g) Meet with City staff and the - Prepare for and attend - Prepare for and 3,538 2,750 6,288 Task Force to discuss project 5 meetings with Task attend 5 meetings status, project goals, water qual- Force with Task Force ity analysis requirements, finan- cial implications, and prioritiza- tion of resources (anticipate 5 meetings). All goals,objectives, and policies will be based on the data collected and analyzed for this Plan. h) Attend 1 public meeting to re- - Prepare for and attend - Prepare for and 778 410 1,188 view and provide general infor- 1 public meeting attend 1 public mation on the goals and objec- meeting tives as developed within the LWMP. The City will send out the Public Notices for this meeting. TASK2 TOTALS 17,413 9,235 26,648 Snbtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 3—PLAN/DOCUMENT PREPARATION,REVIEW, NID TRAINING a) The Plan shall contain the fol- - Plan preparation tasks -- 5,072 — 5,072 lowing elements. The Consult- not itemized below ant,with Staff approval, can de- termine the specific order or format of the Plan. The Plan shall be consistent with Minne- sota Rules Section 8410. i) Water Resource Manage- - City to supply data -- 505 -- 505 ment Related Agreements. _ Summarize Water Any appropriate water re- Resources Manage- source management related ment Related Agree- agreements, which have ments been or are proposed by the City,will be outlined. This includes joint powers agreements related to water management that the City is party to between itself and the WDs or adjoining com- munities. City Staff will compile the data and supply it to the consultant for in- corporation into the Plan. ii) Establishment of Policies - Establish goals and - Assist MW in 10,700 1,040 11,740 and Goals. Summarize spe- policies establishing goals cific goals and correspond- and policies ing policies related to the purpose of this Plan. iii) Assessment of Problems. - Drainage problems I - Assess impacts of 4.080 500 4,580 Summarize assessment of assessment and sum- identified drain- existing and/or potential mary age problem on water resource related wetland resources problems, including those identified in WD plans that affect the City. iv) Corrective Actions. Sum- - Identify corrective - Review corrective 4,080 260 4,340 marize non-structural, pro- actions as identified actions and de- grammatic,and/or structural in Task 3.a.iii termine regula- solutions to the problems - Preliminary fiscal tory ramifications identified. Any actions assessment considered shall be those that can be limited to im- plementation at a local level and within the City's fiscal constraints. v) Financial Considerations. - Final fiscal assess- -- 1,866 -- 1,866 The plan will contain an ment .analysis of the financial im- pact of implementation of the proposed regulatory controls and programs identified. Snbtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 3—PLAN/DOCUMENT PREPARATION,REVIEW,AND TRAINING(Continued) vi) Implementation Priorities. - Develop CIP — 3,010 — 3,010 Chart a capital improve- - Verify budget con- ment plan (CIP) that in- straints cludes the recommended - Project prioritization improvements, implemen- • tation plan, and project costs. The CIP shall take into consideration the CWPMP and LDP Update and be consistent with the budgets set by the City. Prioritize implementation components so as to make the best use of available lo- cal funding and prevent fu- ture water management problems from occurring to the maximum practical ex- tent. b) Water Body Database—Prepare -- - Prepare database 408 6,010 6,010 the Water Body Database in Mi- for data entry crosoft Access 97. The Database - Coordinate with shall at a minimum include the MW and City re- ' following screens. Information garding fields and not collected for the LDP or data format CWPMP or Wetland Inventory - Enter data col- Update will be input by the City. lected in LOP, CWPM pond wetland update i) General Information—Give -- - See(b)above -- Included in Included in an overview of each identi- (b)above (b)above fled water body, including location, drainage basin, maintenance area, and own- ership type. ii) Water Body Classification -- - See(b)above -- Included in Included in Link to the existing Min- (b)above (b)above RAM database). • iii) Water Quality Monitoring— -- - See(b)above — Included in Included in Provide general information (b)above (b)above on the current status of wa- ter quality monitoring and identified invasive or exotic species control by the City or other agencies. iv) Inlets and Outlets—Include -- - See(b)above -- Included in Included in size, type, elevation, loca- (b)above (b)above tion, and the presence of •sediment, •vegetation, de- bris,erosion,etc. v) Access Information — In- -- - See(b)above -- Included in Included in dude maintenance access (b)above (b)above locations for inlets and out- lets as well as surface areas. Identify surface type and re- strictions. vi) Maintenance history -- - See(b)above — Included in Included in (b)above (b)above _� c Subtask MW Role PEC Role MW PEC Total Cost($) Cost($) Cost($) TASK 3—PLAN/DOCUMENT PREPARATION,REVIEW,AND TRAINING(Continued) c) Meet with WDs following initial - Prepare for and attend - Prepare for and 719 390 1,109 60-day comment period 1 meeting attend 1 meeting d) Provide training to City staff on -HydroCAD training -- 1,087 -- 1,087 relevant stormwater models and follow-up support utilized in the LDP Update and the LWMP. e) Present the LWMP to the City - Prepare for and attend - Prepare for and 1,632 520 2,152 Council for final approval (an- one meeting attend one meet- ticipate 1 meeting). ing f) Provide 20 draft copies - Reproduce draft re- - Reproduce draft 1,460 265 3,065 (includes reproduction). ports reports • g) Provide 32 final copies - Reproduce final re- - Reproduce final 2,864 • 475 4,975 (includes reproduction). ports reports h) Add/deduct for individual - Reproduce at — -- draft plans $45/copy i) Add/deduct for individual final - Reproduce at — — -- -- plans $75/copy TASK 3,TOTALS 38,383 9,460 47,443 GRAND TOTALS 62,021 21,850 83,871 • • /9 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 20,2000 SERVICE AREA/ DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Bearpath Development-Annual Leslie Stovrin Monitoring g Requested Action Move to: Authorize the City Manager or his designee to enter into a professional service agreement with STS Consultants,Ltd. for the 2000 bog-monitoring program at the Bearpath Golf and Country Club at an estimated cost of$15,750. Background The bog monitoring activities at Bearpath began in 1992. A long-term sampling and monitoring plan for the three existing bogs was developed as a special condition of the U.S. Army Corps of Engineers (COE) permit issued in September 1993. Water quality sampling began in 1993. The City of Eden Prairie began coordinating the sampling program in 1996, in accordance with the COE permit guidelines. The monitoring program was developed to assess potential changes in the bog ecosystems both during and after construction of the golf and country club. The program includes assessment of the water quality and vegetation at the three bogs. The sampling program was designed to monitor changes at the most sensitive areas of each wetland basin. The COE has stated that the vegetation and water quality monitoring need to be conducted in 2000. The City will meet with the COE after the 2000 water quality sampling event to re-evaluate the program to determine a new schedule for long-term monitoring. The monitoring program for 2000 will include: • Vegetation Monitoring in early July and late August. • Water quality sampling in late October/early November. Proposal Summary Two companies were approached to provide proposals for the 2000 water quality sampling. They included STS Consultants, Ltd. (STS) ($15,750) and Kjolhaug Environmental Services Company ($15,630). Both proposals would provide a complete analysis and report for the project. Although the STS proposal is $120 more expensive,they have performed the monitoring program for the past two years. Monitoring consistency during the current legal action that is ongoing at Bearpath is important and would tip the scale towards selecting STS for the project with the small cost differential. Attachments Proposal for Conducting Bearpath Annual Bog Monitoring, STS Consultants,Ltd.,dated June 8,2000 Bearpath Bogs Wetland Monitoring Proposal(Kjolhaug Environmental dated June 8,2000 and letter dated June 12,2000) 1 It, .4'1,111 ' i f 1: . i t �w • p _ f "P1, ` •-_Y4 . — �" •Nft� • �, { _ fin'^' .. .... t. _ II T ..n I' ,'�°w� ` tee: II "I,.T ,fir 17, I '° ';'y'�MtJ,`.y<' f qp �s �'•'�' - 4 IJ• �..�Y f III .,. %Atfi`1`,\C�/Arre "i/11'1'`{I.l s' 1 i2I' y V ter,. k-:s 1 11 �,.. � r. 41/I t k3 e ,. l ... _ _ a icl'_ i Mtn I. i • / 'ts s 1 a�f `: k� e .+.e` .--- e.v2:-.- •:. ,r e . rta ,.'" A}i _ w y_ to June 9, 2000 Proposal 610754PP Bearpath Annual Monitoring Prepared For: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 5 5 3 44-44 8 5 Prepared By: SIIII STS Consultants, Ltd. 10900 - 73rd Ave. N., Suite 150 Maple Grove, MN 55369-5547 V a rg ` STS Consultants, Ltd. 1 Solutions through Science & Engineering June 8,2000 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: STS Proposal for Conducting Bearpath Annual Monitoring(City Project No. 00-5512); STS Proposal 610754PP Dear Ms. Stovring: STS Consultants, Ltd. (STS) is pleased to present you with our proposal to conduct annual monitoring at Bearpath Community. STS proposes to team with David Schmoller of Yellowfield Biological Surveys to conduct the work. STS and Yellowfield conducted the 1998 bog monitoring. STS conducted water sampling for this project in 1999. Our combined experience with wetland monitoring, combined with familiarity on the project, qualifies us to conduct the work. The work will be completed in conformance with the scope of work developed by you and provided in a letter dated May 23, 2000. The remainder of this proposal provides a brief discussion of the work scope and objective. Resumes for personnel dedicated to this project are found attached. We appreciate this opportunity to present you with a proposal for conducting monitoring in 2000, and welcome your comments. If you have questions concerning the proposal, please contact Steve Carlson of STS at 763/315-6300. We look forward to hearing from you. Respectfully, STS CONSULTANTS,LTD. .....„41044pary Steven J. Carlson Project Scientist . - - , V Akerei. Robert L. DeGroot,PG PE Principal Engineer SJC/dn Encs. C6754001.DOC 10900 73rd Avenue North,Suite 150• Maple Grove, MN 55369-5547• (612)315-6300• (612)315-1836 Fax TABLE OF CONTENTS Page No. 1.0 Introduction 1 2.0 Scope of Work 2 2.1 Water Quality Monitoring 2 2.2 Staff Gauge Data 3 2.3 Vegetation Survey 3 2.3.1 Plot Sampling 4 2.3.2 Meander Vegetation Analysis 4 3.0 Report Preparation 6 4.0 Cost Estimate 7 5.0 Acceptance 8 APPENDIX Resumes Fee Schedule 9 Bearpath Annual Monitoring (City Project No. 00-5512) 1.0 INTRODUCTION Sienna Corporation (Sienna) initiated development planning and design for the Bearpath Golf and Country Club, a planned community in the City of Eden Prairie. Three bogs were identified on the property proposed for development. Sienna obtained a Corps of Engineers Section 404 permit (91-30137-IP-JJY) for site development. Special conditions attached to the permit required that monitoring be conducted in the bogs. The City of Eden Prairie assumed responsibility for administration of the bog monitoring program in 1996. The bog monitoring program included collection of water quality samples from specific locations, and observations of the plant community. Plant community observations included plot sampling at fixed locations, and a meander survey to scan the bogs for the presence of vegetation not represented in sampling plots. STS has conducted monitoring for the City of Eden Prairie. STS completed water quality and vegetation sampling in 1998, and returned to the site for water quality sampling and observations of noxious weed growth in 1999. STS completed annual monitoring reports based on the findings of bog monitoring conducted. 5 Bearpath Annual Monitoring STS Proposal 610754PP 2.0 SCOPE OF WORK The scope of work for 2000 annual monitoring will follow that established previously for the bog monitoring program. Field work shall include collection of water quality samples, staff gauge data, and a vegetation survey comprised of initial vegetation analysis and meander vegetation analysis. An annual monitoring report will be completed within two months of the final sampling date, and shall include observations made during the work conducted. 2.1 Water Quality Monitoring Water quality samples shall be collected from bogs F, 0, and Y in locations sampled and marked for the 1999 bog monitoring report previously conducted by STS. Groundwater monitoring will be conducted in late October or early November. STS anticipates providing two experienced water quality sampling technicians to conduct the work. Use of a two person sampling team is anticipated to allow the work to be conducted efficiently, safely, and will facilitate enhancements to the database supporting this effort. Water quality samples will be collected in three locations, including: • Within the upper 1-1/2 feet of the surface of the bog, above the spaghnum mat (zone A). Two samples will be collected from bog F,two samples from bog 0, and three samples from bog Y,for a total of seven samples. • Underneath the spaghnum mat, above the soil/sediment interface (zone C). Two samples will be collected from bog F, two samples from bog 0, and three samples from bog Y, for a total of seven samples. Samples will be collected by extending a 1 inch PVC well screen into the bog mat hole left by previous sampling. The well screen will be purged as required to equilibrate, prior to sampling. Prior sampling efforts indicate that approximately 2 to 5 liters of water will be required to be purged. • Perimeter ("lagg") samples collected at the bog surface on the north, south, east and west drainage areas. Four samples will be collected from bog F, four samples from bog 0, and eight samples from bog Y. Bearpath Annual Monitoring STS Proposal 610754PP STS will document observations made at each sampling location. These observations shall include visible indications of drainage, sediment deposits, or other conditions with the potential to affect the bogs. Samples collected shall be placed in laboratory supplied, precleaned bottles and delivered to the analytical laboratory following chain of custody procedures. In addition, STS will log the sample point coordinates with a Global Positioning System (GPS) with an estimated accuracy of approximately 5 feet. Each of the samples will be analyzed in the field for pH, specific conductance, and temperature. Field instruments shall be calibrated at the beginning of each work day and checked periodically to confirm operation within manufacturer's specifications. Water quality samples collected for laboratory analysis shall be analyzed for total nitrate nitrogen by EPA Method 300.0, soluble reactive phosphorous (EPA 365.2), total phosphorous (EPA 365.2), chloride (EPA 300.0), calcium (EPA 200.7), hardness (EPA 130.1), and total alkalinity (EPA 310.2). STS proposes to utilize Spectrum Laboratories for the chemical analysis under subcontract to STS. Spectrum has provided analytical services to this project in the past and STS has assurances from the laboratory that the work will be conducted in conformance with the methods specified. 2.2 Staff Gauge Data One staff gauge is located within each bog. STS installed the staff gauges and is knowledgeable on their use. Surface water elevation data shall be collected at each gauge location for comparison with previous data. STS will log the staff gauge locations with GPS equipment, and recommends that the City survey them to confirm the reference elevation for each gauge. 2.3 Vegetation Survey A vegetation survey will be conducted as a follow-up to the surveys conducted in 1992 by the U.S. Army Corps of Engineers, in 1994 by Summit Envirosolutions, and in 1998/1999 by STS. Continued vegetation monitoring shall be conducted to evaluate the quantity and quality of Bearpath Annual Monitoring STS Proposal 610754PP vegetation currently present. These data will provide a means of evaluating changes in vegetation characteristics, including estimated extent of invasive species, and direct future assessments in response to potential impacts to plant communities. 2.3.1 Plot Sampling - The initial survey is anticipated to occur the first week of July. STS anticipates that the initial vegetation analysis conducted on sampling plots will be performed by David Schmoller of Yellowfield Biological Surveys. A resume for Mr. Schmoller is found attached. STS anticipates that Mr. Schmoller shall be accompanied by an intern or other representative provided by the City of Eden Prairie for safety purposes. Vegetation survey efforts shall continue to include a total of 12 transects. Three transects are established in bog F, four transects are established in bog 0,and bog Y includes five permanently staked transects. The vegetation survey shall include observations of multiple vegetative strata, including surficial, herbaceous and tree/shrub species. The methodology established for the bog monitoring program shall be followed,which includes: • One square meter plot sampling for surface and herbaceous vegetation. • Line intercept method for woody species(trees and shrubs). • Lagg vegetation(including aquatic macrophytes and algal growth)documentation. At each sampling interval, the estimated percent cover shall be noted, the species encountered keyed to species where practicable and to genus where specific determination is not possible. Other observations concerning observed plant community conditions shall be noted. 2.3.2 Meander Vegetation Analysis - A meander survey shall be conducted in late August to early September. STS proposes that David Schmoller will revisit the bogs for the meander survey, accompanied by a representative of the City of Eden Prairie for safety purposes. The meander survey shall include visual observations along the transect line and lagg areas to identify species that were not readily identifiable in the previous survey. In addition, the meander survey will facilitate a second observation of conditions previously identified with Bearpath Annual Monitoring STS Proposal 610754PP regards to vegetation stress, invasion by noxious species, or other conditions with potential to affect bog ecology. The meander survey is intended to generate only a list of vegetation observed, and is not intended to be included in statistical analysis or other quantitative determinations. Bearpath Annnai Monitoring STS Proposal 610754PP 3.0 REPORT PREPARATION An annual monitoring report shall be prepared by STS. The vegetation analysis information provided by Yellowfield Biological Surveys shall be included in the STS report. In addition to documenting the methods used and findings, STS shall provide a statistical analysis of percent cover, frequency analysis, and calculated correlation between sampling events and bog systems. STS can provide the statistical analysis on an excel spreadsheet, or can provide a "mini-tab" worksheet for use in the project database,if requested by the City of Eden Prairie. Data will be submitted to the City in electronic format and five hard copies of the final report shall be submitted. One hard copy shall be provided to the City, and one copy each shall be submitted to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, Reilly-Purgatory-Bluff Creek Watershed District, and Sienna Corporation. Additional copies can be provided if requested. Deliverables shall include the report text, revised excel spreadsheet established for the project database, and AutoCAD 14.0 drawings. If requested, STS can submit the global positioning system coordinates for sampling plots monitored. - rye l0 Bearpath Annual Monitoring STS Proposal 610754PP 4.0 COST ESTIMATE The following not to exceed quote is based on the scope of work described above. Water Quality Sampling,includes labor and materials required to provide two field technicians, GPS logging of sample points,and subcontracted laboratory analysis. Includes GPS equipment usage and data reduction for logging sampling points. $7,550 Vegetation Monitoring, includes plot sampling and meander survey conducted by Yellowfield Biological Surveys,coordinated through STS. $4,800 Report Preparation, includes database update with information collected by Yellowfield and STS,transmittal of hard copy and digital information for City of Eden Prairie, and statistical analysis described in the proposal. $3,400 PROJECT TOTAL $15,750 STS proposes to provide these services on a time and materials basis with monthly invoices to the City of Eden Prairie. Work provided above the scope of work indicated herein, and additional services requested by the City of Eden Prairie, shall be billed at the unit rates indicated in the attached Fee Schedule. Additional hard copy reports can be prepared for$35.00 each. �II Bearpath Annual Monitoring STS Proposal 610754PP 5.0 ACCEPTANCE STS provides this proposal for your review and acceptance. Acceptance of the proposal, including the Terms and Conditions and fee rates attached, can be accomplished by issuing a work order to STS referencing this proposal. STS can proceed based on verbal authorization from you, however a work order will be required prior to submittal of any project deliverable including raw data. STS PROJECT TEAM STS proposes to compose the project team as follows. • Steven J. Carlson will act as the project manager responsible for timely completion of project deliverables and adherence with approved methodologies. Mr. Carlson has previously completed bog monitoring for this project. A representative listing of projects completed by Mr. Carlson is attached. • Jason P. Rauk will serve the project as the technical project staff responsible for all field work and associated data reduction. Mr. Rauk has prior experience on the site, conducting water quality sampling and the vegetation meander survey. In addition, Mr. Rauk has experience with GPS equipment that will be a beneficial component of data collection. A partial listing of recent projects completed by Mr. Rauk is found attached. • Timothy J. Grape is the senior environmental technician that will also conduct water quality field sampling and GPS data collection. Mr. Grape has experience with environmental sampling on a multitude of sites involving a variety of sampling media. His experience in conducting site work in conformance with health and safety procedures will also add value to the project. • Robert L. DeGroot, P.E., will serve the project as principal reviewer responsible for review of all project deliverables. Mr. DeGroot's considerable experience on environmental sites, including those subject to review by multiple regulatory authorities,will help ensure that STS policies and procedures affecting quality control are adhered to. Mr.DeGroot has previously served the Bearpath monitoring project. • David Schmoller of Yellowfield Biological Survey shall be the person responsible for completing vegetation monitoring. His previous experience on the project site and numerous other ecological monitoring projects will complement the capabilities of the STS in-house staff serving this project. An updated copy of Mr. Schmoller's resume can be found by visiting his web site, http:\\www.schcongo.com. At the time of proposal submittal, Mr. Schmoller is conducting ecological monitoring at Yellowstone National Park, but he has cleared his schedule for conducting the Bearpath log plot sampling in early July,2000. Steven J. Carlson Environmental Scientist AREAS OF Representative Experience SPECIALIZATION ♦ Project Manager for Bearpath Bog Monitoring in 1998 • Soil Sampling and 1999. Initiated site work,managed project • Groundwater Sampling considerations, and prepared the monitoring reports. • Surface Water Sampling • Managing scientist for quarterly groundwater monitoring • Sampling Plans at the Twin Cities Army Ammunition Plant(TCAAP) • Field Management utilizing the USATHAMA protocol. Experience extended • Instrumentation over five years. Responsible for project meetings with regulators, data entry into the IRDMIS to Level 3 quality EDUCATION assurance, and maintaining project schedule. Sampling B.A., Biology, University conducted for TCAAP required familiarity with various of Minnesota-Duluth, groundwater pumping systems so that representative 1985 groundwater samples could be obtained through a variety • B.A., Philosophy, of scenarios. University of • Consulting scientist for development and implementation Minnesota-Duluth, 1985 of field sampling procedures for groundwater monitoring at 15 landfills in the Chippewa National Forest. Work CERTIFICATIONS was conducted for USDA National Forest Service, and Coon Creek Watershed included groundwater sampling on wells utilizing a District training on variety of purging technologies. Problem and Disturbed Wetlands, April 1993 • Groundwater sampling and operation and maintenance of remediation system installed by Minnesota Pollution Hazardous Waste Safety Control Agency. Responsible for field work,project Training, OSHA/SARA, correspondence and reporting. Certified to Level B; CPR and First Aid ♦ Field monitoring for remediation systems using pump and WCA Administrative treat and soil vapor extraction technologies. Duties Training, MN Board of included groundwater sampling,remediation system Water and Soil Resources operation monitoring and maintenance,and project (BWSR), 1996 to current correspondence. Sites included those found in the Twin year Cities,rural Minnesota, and multiple sites in Wisconsin. Multiple responsible parties involved with the site AFFILIATIONS required project coordination during groundwater Association of State sampling, and experience with handling multiple issues Wetland Managers related to the high-profile nature of the site. Wetland Delineators • Conducted groundwater monitoring at impacted sites in Association multiple states over a 10+year period. Sites included petroleum tank release sites,landfills, Superfund sites, and bulk fuel handling facilities. gri6i1-14 /U Steven J. Carlson Environmental Scientist ♦ Developed Restoration Work Plan and managed the restoration team efforts on a trout stream(Mehlberg Creek) impacted by extensive sediment deposits from two construction sources. Work involved agency correspondence, Work Plan submittal, field work (including monitoring)and landowner participation. • Prepared wetlands/waters and protected species permit documents for utility construction in Minnesota and Wisconsin, and provided peer review for utility projects in Michigan and Illinois. Project services included permitting required for underground crossings of federal scenic waterways, and required river crossing monitoring/contingency plans for regulatory acceptance. Continues to provide project management for work in sensitive areas, and documents restoration efforts in impacted areas. ♦ Provided restoration specifications for wetland and prairie ecotypes,conducted corrective seeding,and monitored efficacy of efforts conducted on two railroad derailment sites. • Implemented purple loosestrife (noxious plant, Latin name: Lythrum salicaria)control on private lands using a combination of methods. Work provided included propagation and use of control agents and follow-up monitoring. 761 Robert L. DeGroot Principal Engineer AREAS OF Representative Experience SPECIALIZATION Responsible for directing and managing projects to address • Environmental Site environmental issues associated with project development. Assessment Provides senior-level Principal Review of all STS projects • Remedial affecting environmental features. Projects include Investigation environmental site assessments,remedial investigations, • Corrective Action corrective action design, project management,and corrective Design action implementation. Representative samples of project • Agency Negotiations experience include: EDUCATION • As Senior Technical Advisor,provides project review and M.S. Geo-Engineering, quality control review of STS deliverables. As Principal University of Engineer,provides a complement of skills to STS projects Minnesota, 1987 including regulatory negotiations. Extensive experience in M.S. Water Resource environmental issues, including surface water management, Management, University adds value to development and monitoringprojects. of Wisconsin-Madison, p 1979 • Principal Reviewer and Project Engineer for Phase I B.S. Geology and Environmental Site Assessment,wetland delineation and Geography, University of Wisconsin-Madison, wetland mitigation project associated with the development 1975 of a medical facility owned and operated by Allied Medical. An off-site wetland restoration site was CERTIFICATIONS identified,designed and monitored as required by the Professional Engineer: Watershed District. Minnesota, Idaho, • Principal review of Phase I/Phase II Environmental Site Oregon, Utah, Assessment of operating facility for Townhome Wisconsin, Virginia Professional Geologist: Maintenance Corporation. Site has been impacted by Wisconsin adjacent Superfund site,petroleum bulk storage facility and Hazardous Waste Safety on-site activities. The site was issued a"No Association"/ Training, OSHA/SARA "No Action"letter from the MPCA VIC program. Certified to Level B, CPR and First AidPrincipal• Engineer/Geologist for the Minnesota Pollution Control Agency Tanks and Spills Section contract. STS AFFILIATIONS has maintained a contract with the MPCA since 1990. Projects performed for the MPCA include"fund-financed" American Society of Civil underground tank sites requiring additional investigation,to Engineers large-scale"Superfund"remediation sites, closed landfills, Consulting Engineers and emergency response sites. Council American Institute of Professional Geologists /16 Timothy J. Grape Senior Environmental Technician AREAS OF Representative Experience SPECIALIZATION ♦ Field sampling for MPCA"Superfund"group's Dump • Remedial Investigation Assessment Program. Duties included environmental sampling, GPS data collection, and investigation of risk • Limited Site indicators for potential impacts to surface waters/ Investigations wetlands, and groundwater receptors. • Soil Sampling • Performed monthly operations and maintenance on air • Groundwater Sampling sparge system in Rochester, Minnesota. Duties included ♦ Surface Water soil probe vapor monitoring, sampling groundwater Sampling diffuser influent and effluent, adjust flow rate and clean • Geologic Logging air diffuser as necessary. • Performed biweekly operations and maintenance for free EDUCATION product recovery in monitoring wells,Robbinsdale, B.S. Geology, University of Minnesota. Minnesota-Duluth, • Collection of aquifer evaluation data utilizing field Emphasis on Hydro- instrumentation such as the"Hermit"data logger. Environmental Geology; Minor, Chemistry, 1998 • Review of well installation logs for groundwater receptor surveys for site assessment of potential health risks. CERTIFICATIONS • Performed numerous site investigations involving soil Hazardous Waste Safety sampling, groundwater sampling, and monitoring well Training, OSHA/SARA installation for sites throughout Minnesota. Cert?fied to Level B; CPR • Field geologist for the U.S. Army Corps of Engineers, and First Aid responsible for conducting geologic investigations and subsurface exploration for earthen dams throughout the Red River Valley. • Performed seep and wetland sampling for contamination studies in Rosemount, Minnesota. • Conducted the site remediation field work for seven sites in the Twin Cities metro area containing mercury contaminated soils. Duties included: site safety officer, soil sample collection, documentation of remediation activities, oversee excavation activities of contractors, and coordinate on-site chemical analysis with a direct mercury analyzer. • Developed numerous health and safety plans for site investigations. Jason P. Rauk Senior Environmental Technician AREAS OF Representative Experience SPECIALIZATION ♦Prairie Identification • Environmental site assessment for vegetation, soil type slope,and potential erosion. ♦Soil Identification ♦Erosion Assessment • Coordinated the application and installation of seed mixes. ♦Vegetation Design and • Directed and evaluated technicians on installation of Installation erosion control products. ♦Landscape Design • Revegetation and erosion control seeding for riverside land spread of river solid waste(dredge material). EDUCATION • Field scientist for revegetation and erosion control for B.A., Biology, Gustavus Mn/DOT highways. Adolphus, 1996, Minor, Environmental Studies • Coordinated and installed low maintenance and self- sustaining vegetation(prairie)for IDOT on I-35. CERTIFICATION • Construction monitoring and documentation for storm 40 Hour Hazardous Waste sewer and other utilities/improvements on a variety of Safety Training, projects. OSHA/SARA, Certified to • Conducted groundwater sampling and documented Level B; CPR and First vegetative cover conditions on numerous closed landfills Aid in northern Minnesota for U.S. Department of Agriculture. Confined Space Training Troxler Certified, Troxler • Conducts regular wetland monitoring site visits at Electronic Laboratories, multiple sites, in conformance with wetland permit Inc. conditions subject to local and federal regulation. • Conducted water quality and vegetation monitoring at AFFILIATIONS Bearpath Community in Eden Prairie, Minnesota. International Erosion • Performed river monitoring on two projects affecting the Control Association St. Croix River as required by Section 404 Individual Wetland Delineators Permits issued for the work. Association • Field Sampling Team Leader for site sampling conducted on closed landfills being investigated for the Minnesota Pollution Control Agency"Superfund" group. HOME CONTENTS NEWS SEARCH FEEDBACK RESUME DAVID SCHMOLLER • OBJECTIVE: Botanical Surveys,Rare Species Surveys,Wetland Delineations,Cartography. EDUCATION: B.S.Natural Environmental Systems,Northern Illinois University,DeKalb,IL 1980. Independent Study,Botanical Sciences,University of Wisconsin,Madison,WI,1996. Fire Fighting Training,National Wildfire Coordinating Group,1990. EXPERIENCE: ENVIRONMENTAL CONSULTANT Yellowfield Biological Surveys,Woodruff,WI,1994-2000 • Environmental services provided for public and private concerns in the upper Midwest:1)Wetland delineation and necessary wetland alteration permits,2)Rare species surveys,3)Botanical surveys including vegetation monitoring,4)Rare plant viability assessments. BIOLOGICAL TECHNICIAN Yellowstone National Park,Gardiner,MT,2000 • Delineate wetlands in Yellowstone National Park in anticipation of road upgrades. • Rare plant surveys. • Mount and catalog specimens for park herbarium. PLANT ECOLOGIST Chequamegon National Forest,Park Falls,WI,1996-2000 • Conducted surveys for 39 rare plant species in anticipation of proposed logging,prescribed burning,herbicide http://www.schcongo.com/resume.htm 6/13/00 • Researched eight plants of concern and composed a report for each.The report considered the population,ecolo threats,and management of the species.The report was used in the Forest Plan Revision. • Monitored vegetation on long term monitoring plots to assess impacts of controlled burning. • Composed summary reports that included maps,spreadsheets,and management recommendations. • Inventoried ecology of potential Natural Areas on the forest.Produced summary reports with natural area ranki and management recommendations. • Received merit and cash awards in 1996,1997,and 2000 for'contributions to the inventory and management of r plants on the forest'and'organizational skills and dedicated botanical survey efforts.' BIOLOGICAL TECHNICIAN Custer National Forest,Ashland,MT,1995 • Performed Biological Evaluations for two Category 2 plant species prior to grazing permit reissuance and prescribed burning. • The Evaluations included field surveys,written reports that estimated the impact of cattle grazing and prescribe burning on the rare plants,a description of the status and biology of the rare plants,and management recommendations. • ColIected specimens for the district herbarium. • Supervised on Biological Aid. • Received merit and cash award in appreciation of'contributions to complete the Environmental Assessments fo livestock grazing.' BIOLOGICAL TECHNICIAN Nebraska National Forest,Wall,SD,1991,1993,1994. • Conducted vegetation studies that included 4745 acres of rare plant surveys,Wooded Draw classification,and 72,300 acres of Range Analysis. • As part of the rare plant surveys mapped populations by GPS and wrote status reports describing the populatio habitat,and biology of the species. • Surveyed for Black-footed ferret,rare birds,and Prairie dogs. • Drafted and article on the natural history of a prairie grass for the South Dakota Department of Education. • Received merit and cash award for'outstanding contributions'to the rare species program. http://www.schcongo.com/resume.htm 20 6/13/00 BIOLOGICAL TECHNICIAN Nicola National Forest,Rhinelander,WI,1992 • Carried out target surveys for 24 rare plant species,wetland plant inventories on three impoundments,and trou stream rehabilitation. • Supervised two Biological Aids. CARTOGRAPHER U.S.Soil Conservation Service,Pierre,SD,1990. • Mapped wetlands for the National Wetlands Inventory. GAGE OBSERVER U.S.Geological Survey,Pierre,SD,1990,1991,1993. • Collected once daily wire weight and suspended sediment samples during periods of flow on the South Fork of Bad River. ' PARK RANGER Badlands National Park,Interior,SD,1990. • Collected fees and provided National Park information at the Northeast Entrance Station. ADDITIONAL INTERESTS: Visual arts including photography,oil painting,and drawing. Creative writing.Public speaking.Backpacking.Cross-country skiing.Biking. REFERENCES: Excellent references available on request.Also,a project history is available. itti!.'41;ifill I; '! r l : 1„ � S . ..,.,,,,_. , „ , i. L, . , - � „ j, i.:lr I ` I 'C I ' Back to Yellowfield Biological Surveys http://www.schcongo.com/resume.htm 6/13/00 ig; Fee Schedule ENVIRONMENTAL SERVICES Charges for technical personnel will Technical Classifications be made for time spent in the field, in consultation,in preparation of Principal Per Hour $ 116.00 reports and invoices,in Associate Per Hour $ 106.00 administrating contracts and project Senior Consultant Per Hour $ 98.00 coordination,and in traveling. Consultant Per Hour $ 90.00 Technical Project Staff Per Hour $ 78.00 *Overtime will be charged after 8 Technical Support Staff Per Hour $ 45.00 hours per day;before 7:00 am and CADD Drafter Per Hour $ 55.00 after 6:00 pm Monday through Senior Environmental Technician* Per Hour $ 60.00 Friday;or all day Saturday— Environmental Technician* Per Hour $ 56.00 technical rate x 1.25. Doubletime will be charged on Sundays or Holidays technical rate x 2. Four Technical Support Services hour minimum per day. Subsurface Exploration Expert Witness Testimony will be Drill Rig Mobilization billed at the rates shown here x 1.5. (Local within 30 miles) Per Trip $ 425.00 (Out-of-Town) Per Mile One Way $ 10.00 Laboratory test programs will be All-Terrain Vehicle Additional Per Day $ 175.00 identified in our proposal and billed Drill Rig-Class I Per Hour $ 180.00 out on a lump sum basis. Drill Rig-Class II Per Hour $ 170.00 Additional laboratory work will be Drilling Coordinator Per Hour $ 84.00 billed on the following hourly basis plus expenses,expendables and Site Safety equipment. PID Meter Per Day $ 120.00 The cost of equipment to complete Personnel Protection: Level D Per Person Per Day $ 50.00 the project will be identified in our Personnel Protection: Level C Per Person Per Day $ 165.00 proposal. Personnel Protection: Level B Quote Upon Request Drill rig rates include two(2) Expenses and Expendables persons. Additional persons will be All Expenses to Complete the Project Cost+ 15% charged according to the technical classifications. Mileage Per Mile $ 0.44 All Expendables to Complete the Project Cost+ 15% Minnesota 2000 Q10 STS Consultants,Ltd. Consulting Engineers STS CONSULTANTS , LTD . GENERAL CONDITIONS OF SERVICE • rk� THESE GENERAL CONDITIONS OF SERVICE, INCLUDING ANY _ SUPPLEMENTAL CONDITIONS OF SERVICE WHICH ARE OR MAY BECOME APPLICABLE TO THE SERVICES DESCRIBED IN STS' PROPOSAL, ARE INCORPORATED BY REFERENCE INTO THE FOREGOING PROPOSAL AND SHALL ALSO BE INCORPORATED BY REFERENCE INTO ANY AGREEMENT UNDER WHICH SERVICES ARE TO BE PERFORMED BY STS FOR THE CLIENT. No AGREEMENT OR UNDERSTANDING, ORAL OR WRITTEN, WHICH IN ANY WAY MODIFIES OR WAIVES THESE GENERAL CONDITIONS OF SERVICE SHALL BE BINDING ON STS (WHETHER CONTAINED IN THE CLIENTS PURCHASE FORMS OR OTHERWISE) UNLESS HEREAFTER MADE IN WRITING AND EXECUTED BY STS' AUTHORIZED REPRESENTATIVE. SECTION 1: a. The scope of work and the time schedules executed by the Client and STS as soon as practica- S c o P E OF defined in the Proposal are based on the information ble.STS,at its discretion,may suspend performance WORK provided by the Client and shall be subject to the of its services until such an Amendment has been provisions of this agreement. If this information is executed and,if such an Amendment is not agreed incomplete or inaccurate,or if site conditions are to within a reasonable time,STS may terminate this encountered which materially vary from those indi- Agreement. In the event this Agreement is terminat- cated by the Client,or if the Client directs STS to ed pursuant to this Section,the Client shall pay STS change the original scope of work established by the for all services performed prior to termination and Proposal,a written amendment to the Agreement termination expenses as set forth in Section 15c of equitably adjusting the costs,performance time these General Conditions of Service. and/or terms and conditions thereunder,shall be SECTION 2: a. Payments for services and reimbursable expenses c. The Client's obligation to pay for the services BILLINGS A N a will be made on the basis set forth in the attached performed by STS under this Agreement shall not be PAYMENTS proposal. STS shall 1.eriodically submit invoices for reduced or in any way impaired by or because of the services performed and expenses incurred and not Client's inability to obtain financing,zoning, previously billed. Payment is due upon receipt. For approval of governmental or regulatory agencies,or all amounts unpaid after 30 days from the invoice any other cause,reason,or contingency. No deduc- date,as set forth on STS'invoice form,the Client tion shall be made from any invoice on account of agrees to pay a finance charge of one and one-half penalty or liquidated damages nor will any other percent(1-1/2%)per month,eighteen percent(18%) sums be withheld or set off from payments to STS. annually. The fees described in this agreement may Client further agrees to pay STS any and all expenses be adjusted annually on the anniversary date of the incurred in recovering any delinquent amounts due, effective date of this agreement. including,but not limited to reasonable attorney's fees,arbitration or other dispute resolution costs and b. The Client shall provide STS with a clear written all court costs. statement within fifteen(15)days after receipt of the invoice of any objections to the invoice or any por- d. If any subpoena or court order is served upon lion or element thereof. Failure to provide such a STS and/or any of its staff,subconsultants or sub- written statement shall constitute a waiver of any contractors requiring presentation of documents or such objections and acceptance of the invoice as sub- the appearance of STS'staff,subconsultants or sub- mitted. contractors at a trial,deposition,or for other discov- SECTION 2: ery purposes arising out of STS'services performed upon STS of the subpoena or court order. Billings BILLINGS AND under this Agreement,Client will pay STS'fees(if shall include time and expenses incurred gathering, PAYMENT S z any)applicable to STS'compliance with the subpoe- organizing and duplicating documents,preparing to CONTINUED na or court order. Fees will be based on actual units give testimony,travel and testifying in deposition or used at the standard rates in effect at time of service trial. SECTION 3: a. If services to be provided under this Agreement ty on account of damages to subsurface structures or RI G N T OF require the agents,employees,or contractors of STS injury or loss arising from damage to subsurface ACCESS to enter onto the Project site,Client shall provide structures,the locations of which are not indicated or right-of-access to the site to STS,its employees, are incorrectly indicated by the information provid- agents and contractors,to conduct the planned field ed by the Client. observations or services. c. STS reserves the right to deviate a reasonable dis- c. If the scope of services includes,or is amended to tance from prescribed or selected exploratory boring include,the performance of exploratory borings or or test pit locations. test pit excavations,Client will furnish to STS all dia- grams,and other information in its possession or d. STS shall take reasonable precautions to mini- reasonably attainable by Client indicating the loca- mize damage to the site due to its operations,but lion and boundaries of the site and subsurface struc- STS has not included in its fee,and is not responsible tures(pipes,tanks,cables,sewers,other utilities, for,the cost of restoration for any damage resulting etc.)in such detail as to permit identifying,in the from its operations. At the Client's request and for field,boring/test pit locations which will avoid additional fee,STS will,to the extent reasonably interferences with any subsurface structures. Client practicable,restore the site to conditions substantial- shall indemnify and hold STS harmless from liabili- ly similar to those existing prior to STS'operations. SECTION 4: a. It is understood and agreed that,with respect to required services in conformance with Federal,state, SAFETY Project site health and safety,STS is responsible sole- and local laws,ordinances and regulations due to ly for the safe performance by its field personnel of Project site conditions or operations of other parties 'their activities in performance of the required ser- ' present on the Project site,STS may,at its discretion, vices. It is expressly agreed that STS'professional suspend its services until such conditions or opera- services hereunder do not involve any responsibility lions are brought into conformance with applicable . for the protection and safety of persons on and about laws,ordinances and regulations. If,within a rea- the Project nor is STS to review the adequacy of job sonable time,operations or conditions are not in safety on the Project. It is further understood and conformance with applicable laws,ordinances,and agreed,and not in limitation of the foregoing,that regulations,STS may,at its discretion,terminate this STS shall not be in charge of,and shall have no con- Agreement. In the event that the Agreement is ter- trol or responsibility over any aspect of the erection, minated pursuant to this Section,the Client shall pay construction or use of any scaffolds,hoists,cranes, STS for services and termination expenses as set stays,ladders,supports or other similar mechanical forth in Section 15 of this Agreement. contrivances or safety devices as defined and inter- preted under any structural work act or other d. Current regulations promulgated by the statute,regulation or ordinance relating in any way Occupational Safety and Health Administration to Project safety. (OSHA)require that a"competent person"conduct inspections of excavations and review any support- b. Unless otherwise specifically provided in this ing system if workers are to enter the excavations. Agreement,Client shall provide,at its expense, See OSHA 29 CFR Part 1926(Subpart P). Under the facilities and labor necessary to afford STS field per- scope of work incorporated in this'Agreement,STS sonnel access to sampling,testing,or observation does not provide and has not assumed any duties of locations in conformance with federal,state,and inspection and/or monitoring of excavations local laws,ordinances and regulations specifically, required of the"competent person"under OSHA 29 including,but not limited to regulations set forth in CFR Part 1926(Subpart P). STS has neither been OSHA 29 CFR 1926. assigned nor assumed the authority required of the "competent person"under OSHA 29 CFR Part 1926 c. If,in STS'opinion,its field personnel are unable (Subpart P). to access required locations and perform the as SECTION 5: a. Unless otherwise specifically provided in this Upon request,the samples will be shipped,(ship- S A M P L E S Agreement or amendments thereto,STS reserves the ping charges collected)or stored at the rate indicated right to discard samples immediately after testing. in the fee schedule attached. SECTION 6: a. STS shall furnish up to six(6)copies of each estimates are and remain the property of STS. Client REPORTS AND report to Client. Additional copies shall be fur- agrees that all reports and other work product fur- O W N E R S H I P OF Wished at the rates specified in the fee schedule. nished to the Client not paid for in full will be D o Cu M E N T S With the exception of STS reports to Client,all docu- returned upon demand and will not be used for any ments,including original boring logs,field data, purpose,including,but not limited to design,con- field notes,laboratory test data,calculations and struction,permits or licensing. SECTION 7: a. STS represents that it will perform its services for the Client's sole use to fulfill the purpose of this STANDARD OF under this Agreement in conformance with the care Agreement and STS is not responsible for interpreta- C A R E and skill ordinarily exercised by reputable members Lion by others of the information developed. The of the professional engineering community practic- Client recognizes that subsurface conditions beneath ing under similar conditions at the same time in the the Project site may vary from those encountered in same or similar locality. borings,surveys or explorations and the information and recommendations developed by STS are based b. NO OTHER WARRANTY OF ANY KIND, solely on the information available. EXPRESSED OR IMPLIED,AT COMMON LAW OR CREATED BY STATUTE,IS EXTENDED, d. STS is not responsible for supervising,directing, MADE,OR INTENDED BY THE RENDITION OF controlling or otherwise being in charge of the con- CONSULTING SERVICES OR BY FURNISHING struction activities at the Project site;or supervising, ORAL OR WRITTEN REPORTS OF THE FINDINGS directing,controlling or otherwise being in charge of MADE. the actual work of the contractor,its subcontractors, or other materialmen or service providers not c. Any exploration,testing,surveys and analysis engaged by STS. associated with the work will be performed by STS SECTION 8: a. Upon entering into this Agreement,the Client hazard or nuisance to those working in the area, HAZARDOUS shall notify STS of all such hazardous substances Client shall immediately notify STS of such condi- S U B S T A N C E S which it knows or which it reasonably suspects are lions,potential health hazard or nuisance which it or may be present at or contiguous to the Project site knows or reasonably suspects exists and thereafter or which may otherwise affect the services to be pro- STS is authorized by the Client to take all reasonable vided.Thereafter,such notification to STS shall be measures STS deems necessary to protect its required as soon as practicable after the Client dis- employees against such possible health hazards or covers either the presence of hazardous substances nuisance. The reasonable direct cost of such mea- which were not previously disclosed,increased con- sures shall be borne by the Client. centrations of previously disclosed hazardous sub- stances,or facts or information which cause the c. Following any disclosure as set forth in the pre- Client to reasonably suspect the presence of any ceding paragraphs,or if any hazardous substances such hazardous substances.Hazardous substances or conditions are discovered or reasonably suspected shall include,but not be limited to,any substance by STS after its services are undertaken,STS may,at which poses or may pose a present or potential haz- its discretion,suspend its services until reasonable and to human health or the environment whether measures have been taken at the Client's expense to contained in a product,material,by-product,waste protect STS'employees from such hazardous sub- or sample and whether it exists in a solid,liquid, stances or conditions. Whether or not STS suspends • semi-solid or gaseous form. its services in whole or in part,the Client and STS agree that the scope of services,terms,and condi- b. If all or any part of the scope of work is to be per- lions,schedule and the estimated fee or budget shall formed in the general vicinity of a facility or in an be adjusted in accordance with the disclosed infor- area where asbestos,dust,fumes,gas,noise,vibra- mation or condition,or STS may,at its discretion, lions or other particulate or nonparticulate matter is terminate the Agreement. In the event that this in the atmosphere where it raises a potential health Agreement is terminated pursuant to this Section, 6 SECTION 8: the Client shall pay STS for all services rendered fest signed by the Client as generator,release such HAZARDOUS prior to termination and all termination expenses as samples to a carrier selected by the Client to be SUBSTANCES, set forth in Sectionl5 of these General Conditions of transported to a location selected by the Client for CONTINUED Service. final disposal. The Client agrees to pay all costs associated with the storage,transport,and disposal d. In the event that services under this Agreement of samples. The Client recognizes and agrees that may involve or relate to hazardous substances,or STS is acting as a bailee and at no time assumes title constituents,including hazardous waste(as defined to said samples or substances. by federal,state or local statutes,regulations or ordi- nances),whether or not involvement or relationship d.2. All laboratory and field equipment contami- was contemplated at the time this Agreement was nated in performing services under this Agreement made or when services by STS began under this which cannot be reasonably decontaminated shall Agreement,the following conditions shall also be become the property and responsibility of the Client. incorporated into the Agreement and be made All such equipment shall be delivered to the Client applicable thereto: or disposed of in a manner similar to that indicated for hazardous samples above. The Client agrees to d.1. In the event that samples collected by or pay the fair market value of any such equipment received by STS on behalf of the Client contain haz- which cannot reasonably be decontaminated and all ardous substances or constituents,including haz- other costs associated with the storage,transport ardous waste,STS will,after completion of testing and disposal of such equipment. and,at Client's expense,(1)return such samples to Client,or(2)upon written request and using a mani- S E C T I O N 9: a. "Construction Monitoring Services"is defined as men or service providers from liability in the event CONSTRUCTION services,furnished by STS to the Client,which are of subsequently discovered defects,omissions, MONITORING performed for the purpose of evaluating and/or errors or other deficiencies in their work. The pres- S E R V I C E S documenting general conformance of construction ence or absence of STS on the Project site will not operations or completed work with Project specifica- affect any obligation of any contractor,subcontractor tions,plans,and/or specific reports of the Project. or other materialman or service provider to perform Such services may include taking of tests or collect- in accordance with the specifications and plans of ing samples of natural or manmade materials at var- the Project. The Client further understands that STS ious locations on a project site,and making visual is not a quality assurance representative for any con- observations related to earthwork,foundations, tractor,subcontractor or other materialman or ser- and/or materials. If the services to be provided by vice provider on the Project. STS under this agreement include or are amended to include Construction Monitoring Services,the provi- d. The Client agrees to supply STS with specifica- sions of this Section 9 shall be an integral part of this tions,plans and other necessary material for the agreement and applicable thereto. Project pertinent to providing its services. b. The presence of STS field personnel will be for • e. Due to the nature of its services,observing and the purpose of providing the client with a profes- field testing the work of contractors,subcontractors sional service based on observations and testing of or materialmen or service providers on the Project, the work which is performed by contractors,subcon- STS cannot always be responsible for the schedule or tractors,or other materialmen or service providers. length of time its field personnel remain on the Such services will only be those specifically request- Project site. The time STS'field personnel spend on ed by the Client and agreed to by STS. Discrepan- the Project site is dependent upon the schedule of des between construction operations or completed the contractors,subcontractors or materialmen or work and project requirements which are noted by service providers whose work they are observing STS field personnel will be referred to the Client,or and/or testing. STS shall make reasonable effort to the Client's representative,as designated prior to utilize its time on the Project site judiciously,but the STS'involvement in the project. Client understands and agrees that any delays,can- cellations,rescheduling,overtime or other construc- t. It is understood and agreed by the Client that the tion activities that may alter the anticipated number observation and testing of natural and/or man made of hours and the anticipated costs of STS on the materials by STS in no way implies a guarantee or Project site and that are beyond the control of STS warranty of the work of the contractors,subcontrac- field personnel are legitimate and chargeable time tors,or other materialmen or service providers,and and will be invoiced at the rates designated in the the services rendered by STS will in no way excuse attached fee schedules. such contractors,subcontractors or other material- SECTION 9: f. Part-time work is defined as Construction g. The Client agrees that STS shall charge a mini- C O N S T R U C T I O N Monitoring Services provided by STS where its field mum of four(4)hours for any part-time MONITORING personnel are on the Project less than five(5)work- Construction Monitoring Services,regardless of the SERVICES, ing days per week or less than forty(40)hours per actual number of hours utilized. All field personnel CONTINUED week,or both. It is agreed that the Client will fur- charges will be made on a portal-to-portal basis. nish STS with a minimum of one working day's Mileage to and from the Project site will be billed at notice,or twenty-four(24)hours notice,whichever is the rate designated in the attached fee schedules as greater,on any part-time work of STS if field person- will any office engineering time needed to review, nel are requested. STS shall make reasonable effort evaluate or analyze the field data. All calls made by to provide field personnel on all projects,but re- the Client or the Client's representative to cancel serves the right to schedule its field personnel as it requested part-time STS field personnel must be deems appropriate,including the scheduling of dif- received by STS in time for STS to notify field per- ferent field personnel from day to day on any given sonnet before they leave for the Project site. STS will part-time project of STS. The Client agrees to inform make reasonable effort to contact its field personnel STS of the anticipated services required by STS field as quickly as possible,but reserves the right to bill personnel on any day,including but not restricted to the Client the four-hour minimum charge in the the kind and number of tests to be required and the event STS received a cancellation call too late for it to anticipated amount of time the field personnel will intercept the field personnel enroute to the Project be required on the Project site. site. SECTION 10: a. STS'opinions of probable total Project costs and the construction industry; but STS cannot and does OPINIONS OF Project construction costs,if any,provided as part of not guarantee that proposals,bids or actual total COST the services under this Agreement are made on the Project costs or Project construction costs will not basis of STS'knowledge,experience and qualifica- vary from opinions of probable cost provided by Lions and represent STS'judgment as an experienced STS. and qualified professional engineer,familiar with • SECTION 11: a. In the event that the scope of services includes tractor(s)has,in writing,called STS'attention to SHOP DRAWINGS review and approval of Shop Drawings or other data each such variation at the time of submission and which contractor(s)are required to submit,STS' STS has given written approval of each such varia- review and approval will be only for conformance tion by a specific written notation incorporated into with the design concept of the Project and for com- or accompanying the Shop Drawing or other data. pliance with the information given in the Project Approval by STS will not relieve the contractor(s) plans and specifications and shall not extend to , from responsibility for errors or omissions in the means,methods,techniques,sequences or proce- Shop Drawings or other data. dures of construction,or to safety precautions or programs incident thereto. c. STS will accept Shop Drawings or other data submittals only from the contractor(s)required by b. STS'review and approval of Shop Drawings or the Project contract documents to furnish the Shop other data shall not relieve the contractor(s)from Drawings or data. STS will reasonably promptly responsibility for any variation from the require- review and approve,or take other appropriate ments of the plans and specifications unless the con- action in regard to,Shop Drawings or data properly submitted to STS. • )C,,K SECTION 12: a.'1T IS AGREED THAT THE CLIENT'S MAXI- d.1. In no event shall continuation of Client's ALLOCATION MUM RECOVERY AGAINST STS FOR THE PRO- obligation to defend STS,as stated above,be condi O F R i s K FESSIONAL SERVICES PERFORMED UNDER THIS tional upon STS'contributing any sums of money AGREEMENT,WHETHER IN CONTRACT,TORT toward settlement of any claim. In the event STS is OR OTHERWISE,IS$50,000 OR THE AMOUNT OF held liable for a greater than pro rata share of any STS'FEE,WHICHEVER IS GREATER. IT IS common liability for damage or injury to person(s) EXPRESSLY AGREED THAT THE CLIENT'S SOLE or property by operation of law,Client agrees to AND EXCLUSIVE REMEDY AGAINST STS FOR indemnify STS for those damages awarded in excess PROFESSIONAL SERVICES PERFORMED UNDER of its pro rata share. THIS AGREEMENT,WHETHER BASED IN CON- TRACT,TORT OR OTHERWISE,IS THE AWARD d.2. In the event it is adjudicated that the event OF DAMAGES NOT TO EXCEED THE STIPULAT and/or damages giving rise to the claim were ED$50,000 FIGURE,OR THE AMOUNT OF STS' caused in whole or in part by the negligence of STS, FEE,WHICHEVER IS GREATER. IN NO EVENT Client's obligation to indemnify STS for costs of SHALL STS BE LIABLE,WHETHER IN CON- defense shall be reduced by an amount proportion- TRACT,TORT OR OTHERWISE,FOR CLIENT'S ately equal to the share of damages attributable to LOSS OF PROFITS,DELAY DAMAGES,OR FOR STS'negligence. STS shall reimburse Client for such ANY SPECIAL,INCIDENTAL,OR CONSEQUEN- proportionate defense costs incurred by client in TIAL LOSS OR DAMAGE OF ANY NATURE ARIS- defending STS as required by this paragraph 12.d. ING AT ANYTIME OR FROM ANY CAUSE WHATSOEVER. e. Notwithstanding any other provision of this Agreement,it is further agreed that to the fullest b. Documents,including but not limited to,techni- extent permitted by law the Client shall indemnify cal reports,original boring logs,field data,field and hold harmless STS and its employees,agents, notes,laboratory test data,calculations and esti- contractors and consultants from and against all mates furnished to the Client or its agents pursuant claims,damages,losses and expenses,direct and to this Agreement are not intended or represented to indirect,or consequential damages,including but be suitable for reuse by the Client or others on exten- not limited to attorneys'fees and all Court,arbitra- sions of the Project or on any other project. Any tion or other dispute resolution costs,arising out of, reuse without STS'written consent will be at Client's resulting from,or related to the presence and/or sole risk and without liability or legal exposure to involvement of hazardous substances or con- STS or to STS'contractor(s)and Client shall indem- stituents,including hazardous waste,at or contigu- nify and hold harmless STS and STS'contractor(s) ous to the Project site or contained in samples col- from all claims,damages,losses and expenses lected by or received by STS from the Project site. including attorney's fees arising out of or resulting The indemnification set forth in this paragraph 12.e. therefrom. extends to claims against STS which arise out of,are • related to,or are based upon,the dispersal,dis- c. Under no circumstances shall STS be liable for charge,escape,release,spillage or saturation of extra work or other consequences due to changed smoke,vapors,soot,fumes,acids,alkalis,toxic conditions or for costs related to failure of the con- chemicals,liquids,gases or any other material,irri- struction contractor or materialmen or service tant,contaminant or pollution in or into the atmos- providers to install work in accordance with the phere,or on,onto,upon,in or into the surface or plans and specifications. subsurface(a)soil,(b)water or watercourses,(c) objects,or(d)any tangible or intangible matter, d. If any claim,suit,or legal proceeding,including whether such event or circumstances is sudden or but not limited to arbitration or meditation,(collet not Nothing in this Paragraph 12.e. is intended to tively"claim")arising out of the services under this indemnify,or shall be construed as indemnifying, STS with respect to claims,losses,expenses or dam- Agreement is asserted against STS by a person or ages to the extent caused by STS'own negligent acts entity who is not a party to this Agreement,Client agrees,at its sole cost and expense,to defend STS or omissions. from and against any such claim,suit or legal pro- ceeding. The Client's obligation hereunder includes, but is not limited to,the payment of attorney's fees, court costs,and expert and consulting expenses required for the proper and vigorous defense of STS. SECTION 13: a. STS represents that it and its agents,and consul- ty in STS'liability policies,the cost of such inclusions LIABILITY tants employed by it,is and are protected by or increased limits shall be borne by the Client: Except INSURANCE Worker's Compensation insurance and that STS has as otherwise provided in Section 12 the Client agrees to coverage under liability insurance policies which limit the liability of STS to the limits of STS'insurance. STS deems seasonable and adequate. Upon request, STS shall not be responsible for claims,damages,losses STS shall furnish certificates of insurance to the and expenses arising out of or resulting from acts Client evidencing the risks insured against,and the and/or omissions of the Client,its employees,agents, limits of liability thereunder. In the event the Client staff,consultants,contractors or subcontractors requires specific inclusions of coverage in addition employed by it or by any other entity. to that obtained by STS,or increased limits of liabili- S E C T I O N 14: a. All claims,disputes,controversies or matters in Demand for arbitration shall be made by either party D i s P U T E question arising out of,or relating to this Agreement within ten(10)calendar days following termination R E S 0 L U T I 0 N or any breach thereof,including but not limited to of mediation. The date of termination of mediation disputes arising out of alleged design defects, shall be the date of written notice of closing of medi- breaches of contract,errors,omissions,or acts of ation proceedings issued by the mediator to each of professional negligence,(collectively"disputes") the parties. Demand for arbitration shall be made by shall be submitted to mediation before and as a con- filing notice of demand,in writing,with the other dition precedent to any other reMedy. Upon written party and the American Arbitration Association. request by either party to this Agreement for media- The award rendered,if any,by the arbitrator(s)shall Lion of any dispute,Client and STS shall select by be final and binding on both parties and judgment mutual agreement a neutral mediator. Such selec- may be entered upon it in accordance with applica- tion shall be made within ten(10)calendar days of ble law in any court having jurisdiction. the date of receipt by the other party of the written request for mediation. In the event of failure to c. Notwithstanding any other provisions of this reach such agreement or in any instance when the Section 14,in no event shall a demand for mediation selected mediator is unable or unwilling to serve and be made more than two(2)years from the date the a replacement mediator cannot be agreed upon by party making demand knew or should have known Client and STS within ten(10)calendar days,a of the dispute or six(6)years from the date of sub- mediator shall be chosen as specified in the stantial completion of STS'participation in the Construction Industry Mediation Rules of the Project,whichever date shall occur earlier. American Arbitration Association then in effect. d. All mediation or arbitration shall take place in b. If a dispute cannot be settled through mediation Chicago,Illinois unless Client and STS agree other- as set forth above,then such dispute shall be decid- wise. The fees of the mediator or arbitrator(s)and ed by arbitration in accordance with the the costs of transcription and other costs incurred by Construction Industry Arbitration Rules of the the mediator or arbitrator(s)shall be apportioned American Arbitration Association then in effect. equally between the parties. SECTION 15: a. This Agreement may be terminated by either b. In addition,STS may terminate this Agreement T E R M I H A T I 0 N party upon at least seven(7)days written notice in if the Client suspends STS'services for more than the event of substantial failure by the other party to sixty(60)consecutive days through no fault of STS. perform in accordance with the terms hereof through no fault of the terminating party. Such ter- c. If this Agreement is terminated,STS shall be urination shall not be effective if that substantial fail- paid for services performed prior to the termination ure has been remedied before expiration of the peri- date set forth in the notice plus termination expens- od specified in the written notice. The only excep- es. Termination expenses shall include personnel tions to this seven-day written notice condition are and equipment rescheduling and re-assignment STS'rights to terminate this Agreement as set forth adjustments and all other related costs incurred in Sections 1,4 and 8 of the Agreement. directly attributable to termination. ZO SECTION 16: a. Client agrees that,prior to the completion of of employment opportunities with Client,Clienfs EMPLOYMENT STS'services on the Project,Client and its officers, parent or affiliate organization(s),if any,nor(3) agents or employees shall neither(1)offer employ- inquire into employment satisfaction of STS' went to STS'employees,(2)advise STS'employees employees. S E C T I O N 17: a. The relationship between the Client and STS cre- not a party hereto and no such person or entity is INDEPENDENT ated under this Agreement is that of principal and intended to be or shall be construed as being,a CONTRACTOR independent contractor. Neither the terms of this third-party beneficiary of this Agreement unless Agreement nor the performance thereof is intended specified by name herein or in an Amendment here- to directly or indirectly benefit any person or entity to,executed by STS'authorized representative. S E C T I O N 18: a. In the event that any provision herein shall be sions hereof shall remain in full force and effect,and S E V E R A B I L I T Y deemed invalid or unenforceable,the other provi- binding upon the parties hereto. SECTION 19: a. The heading or title of a section is provided for • SECTION convenience and information and shall not serve to HEADINGS alter or affect the provisions included herein. S E C T I O N 2 0: a. All obligations arising prior to the termination of Client and STS shall survive the completion of ser- S U R V I V A L this Agreement and all provisions of this Agreement vices and the termination of this Agreement. allocating responsibility or liability between the S E C T ION 21: a. Neither the Client nor STS may delegate,assign, ests in this Agreement without the written consent ASSIGNS sublet or transfer its duties,responsibilities or inter- of the other party. SECTION 2 2: a. This Agreement shall be governed by the law of CHOICE OF LAW the State of Illinois. S E C T I O N 2 3: a. Written notice shall be deemed to have been delivered at or sent by registered or certified mail to -• WRITTEN duly served if delivered in person to the individual the last business address known to the party giving NOTICE or a member of the firm or entity or to an officer of notice. the corporation for which it was intended,or if 06/12/2000 09:08 6124018798 KJOLHAUG ENVIR RV PAGE 02 •s '��.+. ANSI KJOUTMUC ENVIRONMENTAL SERVICES COMPANY Providing Sound,Balanced,Comprehensive Natural Resource Solutions • June 12, 000 Ms.Leslie Stowing,Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: Bearpath monitoring proposal Dear Leslie: As a clarification of our proposal,we had assumed that 2 staff members from our company would participate in the collection of water samples,the initial vegetation analysis,and the meander vegetation analysis. After speaking with you,I am now aware that we could reduce our costs by utilizing a technician from the City to assist with certain aspects of the fieldwork. We would still recommend that the detailed vegetation analysis be completed by 2 wetland plant specialists from our staff Because there is potential for legal challenges to arise in the future,we strongly recommend that the botanists involved be familiar with wetland issues associated with development. However,we would revise our field team for the water sampling and meander survey to include a technician from the City in place of one of our staff members. This would reduce the costs associated with those portions of the project by$2400. The costs given in our proposal are not-to-exceed. The City will be billed only for time required to complete the work. Thank you again for this opportunity. Sincerely, Kjolhaug Environmental Services Company, Ina Mark ' Ihaug Professional Wetland Scientist . 7j oZ 26105 Wild Rose Lane,Shorewood,Minnesota 55331 - Phone:612.-401-8757 • Fax:612-401-8798 BEARPATH BOGS WETLAND MONITORING PROPOSAL . Eden Prairie, Minnesota Prepared for The City of Eden Prairie ' KJOLJTIAUG ENVIRONMENTAL SERVICES COMPANY Proliding Sound,Balanced,C.mprchcnsire:Natural Resource Solutions • KJOLHAUG ENVIRONMENTAL SERVICES COMPANY Providing Sound,Balanced, Comprehensive Natural Resource Solutions vilkaamoiskaue June 8, 2000 Ms. Leslie Stovring,Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: Proposal for Bearpath bog monitoring services Dear Ms. Stovring: Thank you for allowing us to submit this proposal for monitoring services at the Bearpath bogs. We believe that the experience and expertise of our project team provide a perfect fit for the unique scope of this project. Kjolhaug Environmental Services Company,Inc. (KES)was founded in 1997 to provide the highest quality comprehensive natural resources consulting services in the region. Since that time,KES has grown to 4 full-time professional natural resource specialists, with many times that number of professional associates who we routinely cooperate with. While the many of our projects involve wetland delineations and permit applications,we also have regular involvement in projects dealing with endangered plant and animal surveys, EAWs and EISs, wetland restoration and banking plan preparations, revegetation projects,natural resource inventories, and Wetland Conservation Act LGU consulting services. KES has developed a reputation for providing high quality services based on sound science, and working cooperatively to balance the needs of all interests by appropriately protecting natural resources and allowing reasonable land use. During the past 15 years,KES staff members have completed detailed vegetation assessments of wetland plant communities throughout the Midwest. Most recently, we have completed rare,threatened, and endangered plant studies as part of the City of Superior, Wisconsin Special Area Management Plan(SAMP) and the Superior Municipal Airport expansion project. To compliment our botanical expertise, we are cooperating with Jason Husveth of Critical Connections,Inc. Jason completed his M.S. research on the impacts of stormwater and urban runoff on wetland plant communities and is an expert in the identification of wetland vegetation in this region. Resumes of participating team.members are attached. 26105 Wild.Rose Lane,Shorewood,Minnesota 55331 + Phone:612401-8757 •Fax:612-401-8798 3Li General study methods will follow previous work completed by others as outlined in your RFP. Water samples wdl be analyzed by Spectrum Labs(St.Paul,Minnesota)to indicated standards. The attached scope of services and costs summary provides a breakdown,by major task, of the costs of services. As requested,these are proposed as a not-to-exceed amount. Again,thank you for allowing us to submit this proposal. We are confident that you will be pleased with our services and your experience working with us. Sincerely, Kjolha En ' onm' ' Services Company, Inc. ar . 'jo; •u_ Preside t Professio Fri et r.-• Scientist Attachments: Services and Cost Estimate Team Resumes • 3 5 Services and Costs Estimate— Bearpath Annual Monitoring Kjolhaug Environmental Services Company Services and Cost Estimate—Bearpath Annual Monitoring Task 1.0 - Water Ouality Monitoring Cost Activities proposed for Task 1.0 are as described in the City RFP. • Sample Gathering and Delivery $1800. • Lab Analysis (By Spectrum) $3500. • Data Analysis $1200. Total—Task 1.0 $6500. Task 2.0- Vegetation Survey Activities proposed for Task 2.0 are as described in the City RFP. In addition, we recommend that transect and sample plot locations be surveyed for a permanent location record. We are assuming, based on our conversation,that transect and sample points are currently clearly marked. 2.1 Initial Vegetation Analysis • Detailed Vegetation Assessment $2340. • GPS Location of Sample Points $ 500. • Data Analysis $1440. 2.2 Meander Vegetation Analysis • Meander Survey $1800. • Plant Lab Identification and Summary $1000. Total—Task 2.0 $7080. Task 3.0-Report Preparation and Distribution Task 3.0 activities include the preparation of a report text and supporting graphics. We will also review previous reports and present a summary of apparent trends in water quality and vegetation parameters,and provide recommendations for future work. • Draft Report Preparation and Distribution $3000. • Final Report Revision and Distribution $1100. Total—Task 3.0 $4100. Cost Estimate - Summary Task 1.0—Water Quality Assessment $6500. Task 2.0—Vegetation Assessment $7080. Task 3.0- Report $4100. Project Expenses(Photographs,Report Copies,Mileage, misc.) $ 350. PROJECT TOTAL (Not-To-Exceed) $18,030. Mark S. Kjolhaug - Resume MARK S. KJOLHAUG Natural Resource Specialist-Professional Wetland Scientist EDUCATION Southern Illinois University Master of Arts,Ecology • 1986 University of Wisconsin-Stevens Point Bachelor of Science,Natural Resource Management/Biology • 1982 EXPERIENCE Natural Resource/Wetlands Consultant Kjolhaug Environmental Services Company, Inc., 1997 to present • Owner and president of natural resource consulting firm • Completion and management wetland delineation studies • Completion of detailed hydrologic assessments for wetlands determinations • Completion of COE,WCA,and DNR wetland permit applications • Preparation of wetland creation and restoration plans • Completion of endangered plant and animal studies • Completion of EAWs • Preparation and development of wetland and upland revegetation plans • Completed Wetland Mitigation Plan Framework for Superior,Wisconsin • Natural Resource/Wetlands Consultant-Director Of Environmental Services RLKAssociates, LTD., 1996 to 1997 • Directed environmental services for 50 person engineering and planning firm • Managed company,environmental specialists and support staff • Completion and management of wetland delineations studies • Completion of detailed hydrologic assessments for wetlands determinations • Preparation of COE,WCA,and DNR wetland permit application • Responsible for completion of wetland functions and values assessments using standard methods • Responsible for,the completion of biological assessments and rare species studies • Responsible for the preparation of Environmental Assessment Worksheets Natural Resource/Wetlands Consultant-Field Operations Manager • Svoboda Ecological Resources, 1993 to 1996 • Delineated more than 300 wetlands using the COE and Interagency delineation manuals • Designed and implemented detailed hydrologic assessments for wetland determinations • Completed of wetland functions and values assessments using WRAM,WEM,others • Completed CWA Section 404 and WCA wetland permit applications and replacement plans • Developed 200-acre concept wetland mitigation plan for Superior,Wisconsin • Organized, coordinated and lead instruction team in 6 wetland delineation training sessions 490 • Conducted detailed inventories and ecological studies of threatened and endangered Plants • Designed, implemented and reported results of a bird mortality study at proposed radio towers • Completed and assisted with the preparation of EAWs • Managed field staff for largest wetlands consulting firm in Minnesota • Planned and organized 2 national wetland delineation conferences Wildlife Research Technician Wisconsin Department of Natural Resources, 1992 • Conducted field observations of Canadian goose migration movements • Determined habitat use, population size and movements of Canada geese in SE Wisconsin • Coordinated field activities with office staff and other county, state, and federal employees • • Acted as department field representative by providing public with information on the project Environmental Studies Instructor Shattuck-St. Mary's School, 1986-1992 • Designed curriculum for environmental and life science courses • Taught course-related material in classroom and field settings • Served on the Rice County household hazardous waste advisory committee Wildlife Researcher Cooperative Wildlife Research Laboratory, 1986 • Conducted field observations in a cottontail rabbit habitat use radio-telemetry study • Analyzed data, conducted literature searches, and authored scientific papers for publication • Presented research findings at professional meetings Wildlife Research Assistant Cooperative Wildlife Research Laboratory, 1984 to 1986 • Responsible for project design, implementation, data analysis and publications in an ecological study of the swamp rabbit in Illinois • Inventoried floodplain wetland habitat in 25 county region of southern Illinois using remote sensing and in-field approaches • Conducted detailed habitat evaluations using standard vegetation sampling methods • Conducted radio telemetry study of swamp rabbit movements, mortality and habitat use in southern Illinois PUBLICATIONS "Current Status and Distribution of the Swamp Rabbit in Illinois". Illinois Academy of Science, 80(3-4):299-308, 1987. 1 "Ecology of the Swamp Rabbit" submitted to Illinois Department of Conservation. Illinois Federal Aid Project W-92-R-2,Annual Project Reports, 1984, 1985. Co-author:Woolf A. "Ecology of the Swamp Rabbit" submitted to Illinois Department of Conservation, Illinois Federal Aid Project,W-92-R-2,Job Completion Report, 1985. Co-author: Woolf,A. `Nome Range of the Swamp Rabbit in Southern Illinois. Journal of fogy, 69 (1): 194-197, 1988. PROFESSIONAL PRESENTATIONS Status, Distribution, and Habitat Use of the Swamp Rabbit in Illinois. Southern Illinois University Zoology Department presentation. 1985. Distribution of the Swamp Rabbit in Illinois. Illinois Academy of Science presentation. 1986. Habitat Use of the Swamp Rabbit. Midwest Fish and Wildlife Conference. 1986. Presented with A.Woolf PROFESSIONAL AFFILIATIONS • Minnesota Chapter of The Wildlife Society Society of Wetland Scientists—(Certified Wetland Scientist 000845) Society for Ecological Restoration Minnesota Ornithologists Union Wetland Delineators Association—Current President KJOLHAUG ENVIRONMENTAL SERVICES COMPANY PROFESSIONAL REFERENCES Gary Eitel,City Administrator Rogers City Hall 12913 Main Street Rogers,MN 55374 Phone(612)428-2253 JeffVito,Public Works Director Superior City Office Building 1407 Hammond Avenue • Superior,WI 54880 Phone(715)394-0335 Kate Drewry,Administrator Rice Creek Watershed District 3585 North Lexington Avenue,#132 Arden Hills,MN 55126 Phone(612)483-0634 Dennis Backes,President Backes Companies Boulevard Plana Office Suites 7026 Brooklyn Boulevard Brooklyn Center,MN 55429 Phone(612) 566-1524 John Pippert,Project Manager Veit Companies 14000 Veit Place Rogers,MN 55374 Phone(612)428-2242 Tony Emmerich President—Tony Emmerich Homes 10738 Hanson Boulevard,NW Coon Rapids,MN 55433 I I I Kenneth L. Powell - Resume Z44 KENNETH L. POWELL 3002 Atwood Drive Minnetonka,MN 55305 (952) 931-0649 EDUCATION: Master of Science Degree,May 1992 Kansas State University(KSU), Manhattan,Kansas 66506 Major: Biology GPA: 3.76 (4.0=A) Bachelor of Science Degree, May 1989 University of Wisconsin-Stevens Point (UWSP), Stevens Point, Wisconsin 54481 Major: Wildlife Cumulative GPA: 3.83 (4.0=A) Rank in Class: 2/127 (98th percentile) EXPERIENCE: March 1999 to present Kjolhaug Environmental Services Co., Inc., Shorewood, Minnesota May 1997 to March 1999 Westwood Professional Services, Inc., Eden Prairie, Minnesota March 1996 to May 1997 RLK Associates,Ltd., Minnetonka, Minnesota June 1994 to March 1996 Svoboda Ecological Resources, Inc., Shorewood, Minnesota WetlandiWildlife Ecologist May 1993 to September 1993 Ocean Spray Cranberries, Babcock, Wisconsin Integrated Pest Management Scout May 1991 to February 1993 U.S. Fish and Wildlife Service,Manhattan,Kansas Fish and Wildlife Biologist June 1989 to May 1991 _ Division of Biology,KSU, Manhattan,Kansas Graduate Research and Teaching Assistant i May 1988 to September 1988 Max McGraw Wildlife Foundation;Dundee,Illinois Intern Biologist July 1987 to December 1987 UWSP, Stevens Point,Wisconsin Bear Research Project Assistant PROFESSIONAL PUBLICATIONS: Powell,K.L.,R.J. Robe',K.E.Kemp, and M.D.Nellis. 1994. Aboveground counts of black-tailed prairie dogs:temporal nature and relationship to burrow entrance density. J. Wildl. Manage. 58:361-66. Powell,K.L.and R.J. RobeL 1994. Size and location of black-tailed prairie dog towns in Meade and Gray Counties,Kansas. Trans.Kansas Acad. Sci. 97:44-49. Mulhern,D.W. and K.L. Powell. 1993. The prairie dog ecosystem and endangered species. Proc. Great Plains Wildlife Damage Control Workshop 11:187-195. Wildhaber,M.L.,A.L. Allen, C.J. Schmitt,V.M. Tabor,D.W. Mulhern, K. L.Powell, and S.P. Sowa. 2000. Natural and anthropogenic influences on the distribution of the threatened Neosho madtom in a midwestern warmwater stream. Trans.Amer. Fisheries Soc. 129:243-261. PROFESSIONAL PRESENTATIONS: • Midwest Fish and Wildlife Conference 1991 The Kansas Wildlife Society State Meeting 1992 AWARDS/HONORS/MEMBERSHIPS: Awarded 1989 Stanley Plis Memorial Scholarship Awarded 1986-88 Portage County Wildlife Club Scholarships Elected to Xi Sigma Pi Natural Resources Honor Society 1988 Elected to the Honor Society of Phi Kappa Phi 1988 National Merit Award for Scholastic Achievement 1985 Member of the Kansas Black-footed Ferret Coordinating Committee 1991-92 Member of The Wildlife Society 1986-present Certified Wildlife Biologist-The Wildlife Society 1999 Jason J. Husveth - Resume Vi. YL Critical Connections Inc. y` 1284 North Avon Street,Saint Paul, Minnesota 55117 Phone: 651.488.2692 Cell:651.247.0474 jhusveth@uswest.net Jason J. Husveth, M.S. President, Landscape Ecologist EDUCATION University of Minnesota Rutgers University St.Paul,Minnesota New Brunswick,New Jersey MS Landscape Architecture BS Environmental Planning and Design July 1999 Landscape Architecture Highest Honors,May 1995 ADDITIONAL Clemson University, Clemson,South Carolina EDUCATION College of Mathematical Sciences, Statistics Option, 1990-1991 WORK Critical Connections,Inc. EXPERIENCE President,Landscape Ecologist/Botanist,January 2000 to Present • Conducting additional floristic surveys for threatened and endangered species in Eastern Anoka County in cooperation with the Minnesota Natural Heritage Program's Conservation Biology Grant Program. •Developing and ecological educational brochure for the blufflands of the Mississippi Gorge for the Minneapolis Park Board. Sub-consultant for Sand Creek Natural Resource Inventory and Greenway Plan,Scott County, Minnesota •Conducting a natural resource inventory for twenty-one miles of the Sand Creek riparian corridor between Jordan and New Prague,Minnesota. •Applying the Minnesota Land Cover Classification System (MLCCS)to classify existing land cover, identify remaining high quality areas for preservation,and identify opportunities for natural resource conservation,restoration,and reconnection of landscape scale ecological processes. Great River Greening St.Paul,Minnesota Restoration Ecologist, Big Rivers Partnership Project Manager,July 1999 to Present • Developing ecologically based management plans for several natural areas along the Mississippi and Minnesota River valleys, which include oak forest, oak savanna, dry and mesic prairie, and wetland natural communities. •Developing an innovative method for landscape scale prioritization of potential restoration sites and greenway corridors using GIS technology, natural community and ecological data from the MNDNR Natural Heritage Database,and the Minnesota Land Cover Classification System. • Developing evaluation and ranking criteria based on ecological functions and social values for potential restoration sites. • Conducting public design workshops and informational meetings with local communities and conservation organizations as part of the ecological inventory and conservation management planning process. • Conducting comprehensive land cover classification using the Minnesota Land Cover Classification System of the Minnesota and Mississippi River Valleys in the Minneapolis/St.Paul Metropolitan Area (over 200,000 acres) using aerial photograph interpretation and ground truthing, ArcView' 'and Arcinfo'MGIS technology. •Managed the Big Rivers Partnership, a collaboration among twelve metropolitan area stakeholders created to compile the existing available information, inventory the River Valleys'remaining natural resources, develop a holistic management plan, identify critical restoration and revegetation areas, and implement 1,500 acres or native community restoration over the next two years. HUSVETH,p 2 WORK Peterson Environmental Consulting,inc. EXPERIENCE Mendota Heights,Minnesota (CONTINUED) Landscape Ecologist/Botanist/Project Manager,June 1997 to July 1999 •Conducted a natural resource inventory for the City of Blaine,Minnesota including prairie,woodland, and wetland inventories and rare plant and animal surveys. •Developed a geographic information system (GIS)for the City of Blaine,Minnesota which incorporates natural resource inventory data, city infrastructure,planning and zoning,and other data layers. The GIS is used to facilitate efficient open space and greenway system planning, city planning,economic development,and natural resource management and preservation. • Conducted rare species and sensitive ecosystem surveys in Minnesota, Michigan, Illinois, Iowa, Indiana, North Dakota, and Wisconsin and incorporated global positioning systems (GPS) and GIS into field surveys and reports. •Designed and implemented prairie and wetland restoration plans for public and private clients in the Minneapolis/St.Paul metropolitan area. • Watershed and stormwater modeling using HydroCAD 5.1 stormwater modeling system • Developed municipal wetland resource inventories using ArcView'a'3.1 and Microsoft Access • Conducted botanical surveys and land use verbcation for potential reference wetland sites in the E Minneapolis/St.Paul metropolitan area. • Performed botanical investigations corresponding with detailed hydrologic studies of problem areas in partially-drained peatlands on the Anoka Sandplain of Central Minnesota. •Designed and monitored wetland mitigation sites in accordance with the Minnesota Wetland Conservation Act and local government ordinances. • Conducted natural community surveys and established permanent releve plots for Prairie Bluff Conservation Area for the City of Eden Prairie,Minnesota. •Developed native seeding specifications for wetland mitigation and prairie restoration projects • Delineated wetlands following the US Army Corps of Engineers methodology,and incorporated. global positioning systems,geographic information systems,and relational databases for collection and management of field data and report writing. •Provided AutoCADnw 14 support for a variety of natural resource projects and final reports. • Managed projects: supervised and trained field staff, wrote reports, work orders and project proposals,and grant proposals. •Designed and produced marketing materials and brochures. University of Minnesota,Department of Horticultural Sciences St.Paul,Minnesota Graduate Research Assistant,July 1995 to June 1997 `Assessing Wetland Quality with Ecological Indicators'(http://www.hort.agri.umn.edu/mnwet/). •Conducted floristic, invertebrate, amphibian, and avian surveys in littoral, palustrine, and riparian wetland systems throughout the state of Minnesota. •Established permanent wetland vegetation plots using the releve methodology. •Collected,identified,and vouchered wetland plants,amphibian larvae,and aquatic invertebrates. •Conducted land use analysis using GIS(Arclnfo Tmand ArcView T')and field reconnaissance. •Analyzed impacts of land use on biological communities using parametric and non-parametric statistical methods. •Developed a predictive model using HydroCAD WandAutoCAD'x'software to assess urbanization impacts to palustrine wetland hydrology and floristic diversity. •Cooperated with the Minnesota Department of Natural Resources, The Nature Conservancy, local government officials,and other land managers to survey and select appropriate study sites. •Developed protocols for biological community surveys in eight different types of wetland systems. HUSVETH,p 3 WORK University of Minnesota,Department of Horticultural Sciences EXPERIENCE January 1996 to September 1996,Restoration Technician (CONTINUED) • Collected native plant propagules for wetland restoration research projects. •Propagated wetland macrophytes for lakeshore restoration research. •Installed planting plans for littoral and palustrine emergent wetland restorations. Rutgers University,Department of Landscape Architecture Everglades National Park,Florida •Assisted in research of the reinvasion and establishment of four exotic species(Ardisia escallonioides, Casuarina equisetifolia,Melaleuca quinquenervia,and Schinus terebinthifolius)into a restored sawgrass slough. •Assisted in establishing and monitoring long-term research plots in a restored sawgrass slough. •Reconnoitered suitable hammock community study sites in remote areas of the park, using GPS and GIS technology. EDAW,Inc.,Summer Student Program Rocky Mountain National Park, Colorado Student and Professional Charette,June 1995 •Established sustainable-development guidelines for National Parks and their gateway communities National Park and the Estes Park gateway community •Presented the final master plan to National Park Service officials and the Estes Park community SELECTED Husveth, Jason J. 2000. The Pig's Eve Greenwav Plan, and Application of the Minnesota Land Cover PUELK.ATKXVS& Classification System(MLCCS) to Landscape Scale Restoration Planning. Technical presentation PRESENTATIONS for the MLCCS users training,Fort Snelling State Park,Minneapolis,MN. Husveth, Jason J, S.M. Galatowitsch, In Review. Stormwater Impacts to the Plant Communities of Glacial Marshes of the Minneapolis/St. Paul Metropolitan Area of Minnesota, USA. Wetlands. Lawrence,KS. Husveth, Jason J., and Galatowitsch, S. M. 1997. Impacts of Urban Stormwater on Depressional Wetland Plant Communities, Poster Presentation, Society of Wetland Scientists Annual Meeting, Bozeman,MT. Galatowitsch,S.M., D. Whited,J.Tester,J.Husveth,R.Lehtinen,and IC Schik,In Review. Importance and Influence of Landscape Characteristics on Patterns of Biodiversity in Depressional Wetlands, Wetlands Ecology and Management. Galatowitsch, S. M., D. Whited, J. Husveth, R. Lehtinen, K. Schik In Review. The Vegetation of Wet Meadows in Relationship to Their Land Use, Environmental Monitoring and Management, The Netherlands. VOLUNTEER Greening the Great River Park, St.Paul,Minnesota ACTIVITIES Restoration Crew Supervisor, 1996-2000 •Supervised and assisted crews of twenty restoration volunteers in implementing a variety of restoration planting plans for the City of St.Paul. Mississippi National River and Recreation Area,Minneapolis/St.Paul,Minnesota National Park Service, US Department of the Interior Volunteer Crew Supervisor, 1996-1999 • HUSVETH,p 4 •Supervised and assisted volunteer restoration crews in implementing native community restoration and management plans along the Mississippi and Minnesota River Valleys. • Volunteered as laborer for buckthorn removal project and bluff prairie restoration along the Mississippi River in Minneapolis. St. Croix Animal Shelter, Woodbury,Minnesota Shelter Volunteer, October 1997 to 1999 • WIEWCRTHY All plant specimens were collected with required state permits and vouchered with the appropriate herbaria: Ca LECTMS Platanthera flava,Minnesota State Endangered, County Record,Anoka County,MN 1999 Platanthera psycodes, County Record, Washington County,MN 1999 Juncus marginatus,Minnesota State Special Concern,Anoka County,MN 1999 Carex sprengelii, County Record,Anoka County,MN 1999 Xyris torta,Minnesota State Endangered,Anoka County,MN 1998, 1999 Polygala cruciata,Minnesota State Endangered,Anoka County,MN 1998,1999 Viola lanceolata, Minnesota State Threatened,Anoka County,MN 1998, 1999 Utricularia comuta, County Record,Anoka County,MN 1998 Carex sychnocephala, County Record, Steele County,MN 1998 Trillium recurvatum,Michigan State Special Concern,Berrien County,MI 1998 Trillium sessile,Michigan State Threatened,Kalamazoo County,MI 1998 Galearis spectabilis,Michigan State Special Concern, Cass County,MI 1998 Decodon verticillatus,Minnesota State Special Concern,Anoka County,MN 1999 Fimbristylis autumnalis,Minnesota State Special Concern,Anoka County,MN 1998, 1999 Aristida longespica var.geniculata, Minnesota State Record,Anoka County,MN 1999 HUSVETH,References REFERENCES Welby Smith Senior Botanist Natural Heritage and Nongame Research Program MNDNR Central Offices 1200 Warner Road St.Paul,Minnesota 55107 651.297.3733 Hannah Dunevitz Regional Plant Ecologist Natural Heritage and Nongame Research Program MNDNR Metro Offices 1200 Warner Road St.Paul,Minnesota 55106 651.772.7570 Anita Cholewa,Ph.D. Curator, University of Minnesota Herbarium The Bell Museum of Natural History St.Paul,Minnesota (651)625-0215 Susan M.Galatowitsch,Ph.D. Department of Landscape Architecture& Department of Horticultural Science University of Minnesota • St.Paul,Minnesota (651)624-3242 CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 96-5406 ITEM NO.: Engineering Services Order Improvements and Prepare Plans and Alan D. Gray Specifications for Highview Drive/Lakeland Terrace Area Street and Utility Improvements Requested Action Move to: • Close the public hearing; and • Adopt the resolution ordering improvement and preparation of plans and specifications for Highview Drive/Lakeland Terrace Area Street and Utility Improvements Synopsis This project will provide lateral street and utility improvements to approximately 27 residential properties in the Highview Drive/Lakeland Terrace Area as well as utility improvements benefiting approximately three (3) land parcels in the area southeasterly of the Lakeland Terrace Area. In developing the study, staff has had two neighborhood meetings and mailed out surveys to assess property owner opinions. The meetings were attended by approximately 20 people. The primary concern has been cost. Property owners have been aware of the previous $15,000 assessment cap and have expressed a desire to maintain the current amount. Based on the most recent meeting and survey, staff expects substantial neighborhood support for the project. Background Information Details are provided in the Feasibility Study Attachments Feasibility Study I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of June, 2000, fixed the 20th day of June, 2000, as the date for a public hearing on the following proposed improvements: I.C. 96-5406:Highview Drive/Lakeland Terrace Area Street and Utility Improvements WHEREAS,ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of June, 2000, at which all persons desiring to-be heard were given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such `improvements,with the assistance of SEH, consulting engineers. ADOPTED by the Eden Prairie City Council on June 20, 2000. Jean L. Harris,Mayor • ATTEST: SEAL Kathleen A.Porta, City Clerk David and Anne Florenzano 9470 Lakeland Terrace Eden Prairie, MN 55347 Home Phone 937-5354 Email Davidtony@aol.com Anneflor@aol.com June 08, 2000 Honorable Mayor and City Council Members Eden Prairie, Minnesota Dear Mayor and City Council members„ This letter is to let you know of our wholehearted support of the Lakeland/Highview sewer and water project. We have lived in this house for 5 years. Before we bought the house, we made an appointment with Gene Dietz to find out everything we could about the property so that we would be totally informed of anything good or bad, before making the actual purchase. Among other things, Mr. Dietz informed us that our dirt road would probably never be made into a bonified city street, and that we would probably be getting city sewer and water within the next 5 years. Since the new septic system put on our property was only 1 year old at the time, we didn't think we would really need it, but understood that this would be an assessment to us when the time came. Little did we know that the new septic system, put on the only remaining possible place on the property, was in line with an underground stream. Our mound system is ALWAYS saturated, and leaks constantly despite doing laundry out, having our tanks pumped, even going on vacation for 2 weeks. It simply never dries out. We are absolutely delighted that the time has come for us to get proper sewers, and it certainly is falling within the 5 year time frame that Mr. Dietz had outlined. We wish to be responsible stewards of our beautiful Lake Riley, and feel terrible that we are direct contributors to pollution of the lake, along with many others in this neighborhood. If there is anyone on Lakeland/Highview who does not want this sewer project to happen, we would like to remind them that our neighborhood drainage affects the lake whether we like it or not, and as a neighborhood our drainage right now is polluting it! The current situation of the cleanup of Round Lake facing the city is an excellent example of how important our septic problems are. We would also like to make it clear that the information about city sewer coming into our neighborhood has been very public for a long time for anyone who did their due diligence to find out. It certainly cannot come as a surprise. As far we are concerned, the sooner the better! Sincerely, 4A/Uf— Anne and David Florenzano 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 20,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 87838-88276 Background Information Attachments COUNCIL CHECK SUMMARY 15-JUN-2000 (15:21) DIVISION TOTAL N/A $250.00 LEGISLATIVE $892.31 LEGAL COUNSEL $13,758.26 CUSTOMER SERVICE $9,169.16 BENEFITS $9,697.88 TECHNOLOGY $899.00 CITY MANAGER $148.00 FINANCE $367.40 HUMAN RESOURCES $14,667.08 COMMUNICATIONS $1,727.14 • CITY CLERK $102.93 RISK MANAGEMENT $1,360.95 • WIRELESS COMMUNICATION $4,416.45 ENGINEERING $977.68 INSPECTIONS $70.06 FACILITIES $2,897.65 ASSESSING $289.84 CIVIL DEFENSE $34.00 ' POLICE $17,727.21 FIRE $8,792.61 ANIMAL CONTROL $913.00 STREETS/TRAFFIC $32,303.80 PARK MAINTENANCE $18,029.49 STREET LIGHTING $451.84 FLEET SERVICES $15,326.59 • ORGANIZED ATHLETICS • $3,773.59 COMMUNITY DEV $5,545.10 ' COMMUNITY CENTER $8,837.22 BEACHES $211.85 HISTORICAL • $75.00 YOUTH RECREATION $3,650.04 SPECIAL EVENTS - $38.01 ADULT RECREATION $2,861.19 ADAPTIVE REC $726.72 OAK POINT POOL $155.54 ARTS $4,446.01 PARK FACILITIES $574.50 PUBLIC IMPROV PROJ $34,486.50 DEBT SERVICE PAYMENTS $375.00 EMPLOYEE PAYROLL DEDUCTIONS $306,018.05 SPECIAL REVENUE FUNDS $1,391.01 •PRAIRIE VILLAGE LIQUOR STORE $61,061.31 • PRAIRIEVIEW LIQUOR STORE $56,162.22 DEN ROAD LIQUOR STORE $122,119.06 DEN ROAD BUIDLING $25,984.39 WATER DEPT $29,574.04 SEWER DEPT $182,757.85 STORM DRAINAGE $7,058.94 AGENCY FUNDS $30,595.81 EQUIPMENT $9.00 $1,043,758.28* COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 87838 $195.00 ADVANCED PROFESSIONAL SEMINARS SCHOOLS POLICE 87839 $19.78 AT&T TELEPHONE WATER UTILITY-GENERAL 87840 $1,102.14 AUDIOVISUAL INC OTHER CONTRACTED SERVICES COMMUNITY SERVICES 87841 $29.60 BARLI, ROBERT CONTRACTED REPAIR & MAINT POLICE 87842 $14.00 BECKER, JOHN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 87843 $80.00 BERGLY, LISA ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS 87844 • $100.00 BERRYMAN, SHERRIL REFUNDS ENVIRONMENTAL EDUCATION 87845 $200.00 BRABENDER, DAN REFUNDS ENVIRONMENTAL EDUCATION 87846 $32.00 BRANDT, BARB LESSONS/CLASSES POOL LESSONS 87847 $152.80 BRYNDAL, MARY ANNE ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 87848 $22.00 BURGER, LISA ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 87849 $25.00 BYE, ELIZABETH LESSONS/CLASSES • POOL LESSONS 87850 $200.00 CHRISTENSON, WENDELL REFUNDS ENVIRONMENTAL EDUCATION 87851 $300.00 CLAREY, AARON OTHER CONTRACTED SERVICES ACCESSIBILITY 87852 $442.98 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 87853 $72.00 COTA, MARK ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 87854 • $24.95 CRAFTY KIDS DUES & SUBSCRIPTIONS PROGRAM SUPERVISOR 87855 $17.00 DILLER, ALLAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 87856 $20.00 DUFFY, SANDY ADULT/YOUTH/OUTDOOR CTR PROD OUTDOOR CTR PROGRAM 87857 $269.98 EDEN PRAIRIE FIGURE SKATING CL OPERATING SUPPLIES-GENERAL ICE SHOW 87858 $1,131.31 ELAN FINANCIAL SERVICES MISCELLANEOUS CITY MANAGER • 87859 $22.00 ESAU, LAURIE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 87860 $70.00 GOEHRING, LISA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 87861 $1,663.20 GRANT, ROBERT OPERATING SUPPLIES-GENERAL FIRE 87862 $100.00 HANSON, JOHN D. REFUNDS ENVIRONMENTAL EDUCATION 87863 $162.84 HOLAND, DAVID REFUNDS ENVIRONMENTAL EDUCATION 87864 $104.52 HOVELAND, RAY OPERATING SUPPLIES-GENERAL ICE SHOW 87865 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 87866 $35.00 KETZ, LORI ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SAFETY CAMP 87867 $100.00 KOHSER, MARIANNE REFUNDS ENVIRONMENTAL EDUCATION 87868 $100.00 KORTHAUS, TONY REFUNDS ENVIRONMENTAL EDUCATION 87869 $21.68 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL FIRE 87870 $149.82 KRESS, CARLA OPERATING SUPPLIES-GENERAL TEEN PROGRAMS 87871 $78.00 LANENBERG, CYNTHIA MILEAGE AND PARKING FIRE 87872 • $100.00 LANTZ, MARK REFUNDS ENVIRONMENTAL EDUCATION 87873 $218.09 LANZI, BOB REC EQUIP & SUPPLIES SOFTBALL 87874 $30.00 LONG, CHERYL LESSONS/CLASSES ICE ARENA 87875 $50.21 MANN, TRIA MILEAGE AND PARKING ARTS 87876 $34.00 MEMA ATTN KEN SOUTHORN CONFERENCE CIVIL DEFENSE 87877 $1,277.61 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 87878 $15.00 MPPOA DUES & SUBSCRIPTIONS POLICE 87879 $60.00 MUNRO, HEATHER ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 87880 $265.61 NIELSON, RANDY OPERATING SUPPLIES-GENERAL ICE SHOW 87881 $160.00 NRPA PUBLICATIONS CENTER DUES & SUBSCRIPTIONS IN SERVICE TRAINING 87882 $100.00 O'LEARY, CAROL REFUNDS ENVIRONMENTAL EDUCATION 87883 $30.00 PARKER, HOLLY LESSONS/CLASSES ICE ARENA 87884 $4.25 PELTIER, JAMES OPERATING SUPPLIES-GENERAL FIRE 87885 $90.00 PEPPER, LAURIE ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 87886 $7,060.18 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 87888 $40.00 QUIRK, HEIDI ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS 87889 $125.13 SCHEPERS, JACK MILEAGE AND PARKING PRAIRIE VILLAGE LIQUOR #1 87890 $149.95 SHEAHAN, MICHELLE CLOTHING & UNIFORMS POLICE 87891 $16.00 SNYDER, ROXANNE ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 87892 $84.50 STEIGAUF, ANDREE SCHOOLS FITNESS CLASSES 87893 $200.00 TCALMC CONFERENCE IN SERVICE TRAINING 3 COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 87894 $40.00 TUFTE, JULIE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS 87895 . $116.00 TURNER, MARCIA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 87896 $60.00 ULRICH, MELINDA ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 87897 $68.92 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 87898 $181.25 BELLBOY CORPORATION WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 87899 $530.80 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 87900 $10,459.10 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 87901 $424.15 GETTMAN COMPANY MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 87902 $13,614.98 JOHNSON BROTHERS LIQUOR CO TRANSPORTATION PRAIRIE VILLAGE LIQUOR #1 87905 $4,216.90 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 87906 $165.15 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 87907 $370.00 PAUSTIS & SONS COMPANY TRANSPORTATION PRAIRIE VILLAGE LIQUOR #1 87908 $4,201.39 PHILLIPS WINE AND SPIRITS INC TRANSPORTATION PRAIRE VIEW LIQUOR #3 87910 $1,129.90 WORLD CLASS WINES INC TRANSPORTATION PRAIRE VIEW LIQUOR #3 87911 $600.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE 87912 $290.00 BLOOMINGTON, CITY OF KENNEL SERVICE ANIMAL WARDEN PROJECT 87913 $1,322.77 CEMSTONE REPAIR & MAINT SUPPLIES STORM DRAINAGE 87914 $392.13 DELEGARD TOOL CO SMALL TOOLS - EQUIPMENT MAINTENANCE 87915 $60.00 DIEDE, ERICA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 87916 $200.00 HARRIS, JEAN TRAVEL COUNCIL 87917 $1,110.50 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 87918 $60.00 JAEGER, JOAN ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP 87919 $21.45 JAROSCH, BECKY MILEAGE AND PARKING ADAPTIVE RECREATION 87920 $2,611.90 JEANE THORNE INC OTHER CONTRACTED SERVICES COMMUNITY CENTER ADMIN 87921 $4,568.35 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 87922 $29.97 PACK 0 FUN REC EQUIP & SUPPLIES • PROGRAM SUPERVISOR 87923 $10.70 SEUBERT, SARAH OPERATING SUPPLIES-GENERAL STORM DRAINAGE 87924 $231.89 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 87925 $513.00 SUN NEWSPAPERS EMPLOYMENT ADVERTISING HUMAN RESOURCES 87926. $11.70 SYVERSON, JENNIFER MILEAGE AND PARKING ADAPTIVE RECREATION 87927 $7,917.51 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 87928 $422.66 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 87929 $579.40 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 87930 $105.95 AMERIPRIDE LINEN &APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 87931 $2,325.80 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 87933 $1,114.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 87934 $4,521.54 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 87935 $4,664.22 EAGLE WINE COMPANY MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 87936 $9,275.05 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 87937 $150.15 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 87938 $12,462.82 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 87940 $13,706.26 JOHNSON BROTHERS LIQUOR CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 87944 $2,042.77 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 87945 $7,538.05 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 87947 $878.45 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 87948 $227.50 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 87949 $2,060.33 PAUSTIS & SONS COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 87951 $113.60 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 87952 $12,113.51 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 87955 $680.64 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 87956 $1,666.12 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 87957 $10,703.97 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 87958 $875.70 WINE COMPANY, THE TRANSPORTATION LIQUOR STORE CUB FOODS 87959 $270.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 87960 $60.00 APCO INTERNATIONAL DUES & SUBSCRIPTIONS POLICE LI COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 87961 $72.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 87962 $120.00 CARDARELLE, DAWN OTHER CONTRACTED SERVICES ACCESSIBILITY 87963 $262.80 COUNTRY SUITES SCHOOLS POLICE 87964 $2,255.00 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 87965 $234.28 GE CAPITAL RENTALS GENERAL 87966 $104.73 GRIFFITH, BRENT SCHOOLS POLICE 87967 $25,984.39 HENNEPIN COUNTY TREASURER LICENSES & TAXES den road building 87968 $199.16 IOS CAPITAL RENTALS FIRE 87969 $131.97 LINDGREN, JIM CLOTHING & UNIFORMS POLICE 87970 $129,878.65 MEDICA CHOICE COBRA COSTS/REV BENEFITS 87971 $49.12 MINNEGASCO GAS DOUGLAS/MORE HOUSE 87972 $285.00 MINNESOTA DEPT OF REVENUE LICENSES & TAXES IN SERVICE TRAINING 87973 $75.00 MINNESOTA REAL ESTATE JOURNAL OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 87974 $694.41 MINNESOTA, VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE 87975 $18.00 MINNESOTA SCIA DUES & SUBSCRIPTIONS POLICE 87976 $1,115.65 HELLING, LAURIE SCHOOLS IN SERVICE TRAINING 87977 $105.17 PETTY CASH-POLICE DEPT POSTAGE GENERAL . 87978 $4,228.59 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS- SHARE BENEFITS 87979 $1,137.14 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 87980 $2,614.82 RELIASTAR LIFE INSURANCE CO DISABILITY IN EMPLOYERS FD 10 ORG 87981 $96.50 RICHFIELD, CITY OF AUTOS P/S REVOLVING FD 87982 $310.02 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINTENANCE 87983 $1,008.32 S & S WORLDWIDE REC EQUIP & SUPPLIES OAK POINT LESSONS 87984 $54.43 SANCO CLEANING SUPPLIES CLEANING SUPPLIES WATER TREATMENT PLANT 87985 $131.84 SINELL, STEVE MILEAGE AND PARKING ASSESSING-ADMIN 87986 $525.40 SORENSON, TIFFANY SCHOOLS IN SERVICE TRAINING 87987 $420.00 SUN NEWSPAPERS EMPLOYMENT ADVERTISING HUMAN RESOURCES 87988 $942.44 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 87989 $395.97 US WEST COMMUNICATIONS TELEPHONE LIQUOR STORE CUB FOODS 87990 $429.73 US WEST COMMUNICATIONS TELEPHONE GENERAL 87991 $60.00 WAYNE, SARGEANT BRADLEY DUES & SUBSCRIPTIONS POLICE 87992 $39.00 WEEDMAN, NICOLE , MILEAGE AND PARKING PROGRAM SUPERVISOR 87993 $32.00 BRUSSEE, CINDY LESSONS/CLASSES POOL LESSONS 87994 $750.00 BUREAU OF ALCOHOL TOBACCO AND LICENSES & TAXES LIQUOR STORE CUB FOODS 87995 $83.00 CITY BUSINESS OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 87996 $691.12 COLEMAN, JOHN INSURANCE RISK MANAGEMENT 87997 $150.00 COMMISSIONER OF TRANSPORTATION CONFERENCE IN SERVICE TRAINING 87998 $175.00 CONSTRUCTION BULLETIN OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 87999 $340.27 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 88000 $25.00 DENNIS, CAYMAH LESSONS/CLASSES POOL LESSONS 88001 $13.50 FLARE HEATING CASH OVER/SHORT FD 10 ORG 88002 $4.00 FRITZ, PATTY LESSONS/CLASSES POOL LESSONS 88003 $32.00 GAMBINO, DOMINIC LESSONS/CLASSES POOL LESSONS 88004 $100.00 GOOD NEWS BIG BAND OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88005 $350.00 INSTITUTE OF TRANSPORTATION EN CONFERENCE IN SERVICE TRAINING 88006 $100.00 PIZNER, PAUL OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88007 $4.00 KENDALL, LISA NASH ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 88008 $16,829.25 KEYS WELL DRILLING COMPANY IMPROVEMENT CONTRACTS WELL 14 88009 $117.90 LAMETTRYS COLLISION INSURANCE RISK MANAGEMENT 88010 $5,585.69 LANDMARK PARTNERS BLDG SURCHARGES BUILDING SURCHARGE 88011 $128.13 LIMBERG, KRISTY OPERATING SUPPLIES-GENERAL SUMMER THEATRE 88012 $440.44 MINNEGASCO GAS FIRE STATION #5 88015 $48.00 MOEN, JANE LESSONS/CLASSES ICE ARENA 88016 $282.24 MUELLER, CYNTHIA OPERATING SUPPLIES-GENERAL OAK POINT OPERATIONS 88017 $189.00 NATIONAL BUSINESS INSTITUTE SCHOOLS POLICE 5 COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88018 $110.06 NEWTON, RANDY OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 88019 $32.00 NORTON, JANE LESSONS/CLASSES POOL LESSONS 88020 $75.00 PRESERVATION ALLIANCE OF MN DUES & SUBSCRIPTIONS HERITAGE PRESERVATION 88021 $7,272.93 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88022 $200.00 RIVER CITY SAXOPHONES _ OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88023 . $48.00 ROMAN, NHULANG LESSONS/CLASSES ICE ARENA 88024 $397.88 SIMPLEX TIME RECORDER CO CONTRACTED REPAIR & MAINT FIRE STATION #1 88025 $100.00 BANN, STANLEY OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88026 $100.00 SWANSON, PAUL OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88027 $475.13 THOMES, ERIC INSURANCE RISK MANAGEMENT 88028 $750.00 TRICIA & THE TOONS OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88029 $351.36 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88030 $2,626.35 US WEST COMMUNICATIONS TELEPHONE PRAIRE VIEW LIQUOR #3 88033 $32.00 WELLS, HELEN LESSONS/CLASSES POOL LESSONS 88034 $637.00 MINNESOTA SUPER CENTER INC INSTRUCTOR SERVICE SPRING SKILL DEVELOP 88035 $9,764.65 BRW INC DEPOSITS ESCROW 88036 $110.18 CRACAUER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE 88037 $219.50 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT 88038 $112.01 JOHNS, STEVEN REPAIR & MAINT SUPPLIES 1999 REHAB 88039 $35.00 MCFOA DUES & SUBSCRIPTIONS RECORDS MANAGEMENT 88040 $364.39 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88041 $72.80 MORIEARTY, LAUREN OPERATING SUPPLIES-GENERAL POLICE 88042 ' $2,507.25 RIEKE CARROLL MULLER ASSOCIATE DESIGN & CONST FLYING CLOUD SANITARY SEWER 88043 $41.00 STARR, BRAD TRAVEL POLICE 88044 $1,004.50 TARGET CORPORATION DEPOSITS ESCROW 88045 $37.03 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 88046 $494.48 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 88047 $1,537.80 DAHLHEIMER DISTRIBUTING'COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88048 $4,651.31 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 88049 $2,430.26 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88050 $20,026.95 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 . 88051 $290.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRE VIEW LIQUOR #3 88052 $9,435.39 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 88053 $27,422.95 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 88057 $1,014.25 LAKE REGION VENDING TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 88058 $8,338.40 MARK VII MISC NON-TAXABLE LIQUOR STORE CUB FOODS 88059 $298.20 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 88060 $273.35 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 88061 $664.00 PAUSTIS & SONS COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 88062 $206.28 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 88063 $4,438.02 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 88065 $47.00 PINNACLE DISTRIBUTING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 88066 $2,129.67 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 88067 $10,060.95 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 88068 $784.36 WINE COMPANY, THE WINE DOMESTIC LIQUOR STORE CUB FOODS 88069 $29.00 BUCKLEY, LARRY ADULT/YOUTH/OUTDOOR CTR-PROG SUMMER SKILL DEVELOP 88070 $29.00 COPPLE, DAVE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88071 $100.00 EDEN PRAIRIE CHAMBER OF COMMER MISCELLANEOUS IN SERVICE TRAINING 88072 $3.50 GRAVES, MARIAN SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 88073 $303.60 HOLIDAY INN HOTEL & SUITES SCHOOLS POLICE 88074 $1,475.65 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 88075 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 88076 $100.00 JOHNSON, SUSAN REFUNDS .ENVIRONMENTAL EDUCATION 88077 $29.00 LARSON-WAUGH, SUSAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88078 $58.00 MANICOR, AMY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 6 COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88079 $29.00 MCKLOSKY, JUDY ADULT/YOUTH/OUTDOOR CTR PROG SUNDER SKILL DEVELOP 88080 $1,280.84 MINN CHILD SUPPORT PAYMENT CTR ' GARNISHMENT WITHHELD FD 10 ORG 88081 $60.00 MINNESOTA DEPT OF NATURAL RESO OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88082 $1,260.00 MINNESOTA POST BOARD LICENSES & TAXES POLICE 88083 $273.00 NCPERS GROUP LIFE INSURANCE LIFE INSURANCE W/H FD 10 ORG . 88084 $100.00 PAHL, DAN REFUNDS ENVIRONMENTAL EDUCATION 88085 $67.93 PORTA, KITTY MILEAGE AND PARKING RECORDS MANAGEMENT 88086 $111,000.03 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 88087 $101.56 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 88088 $2,293.53 QUALITY WINE & SPIRTS CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 88089 $100.00 SACKETT, MARLIN REFUNDS ENVIRONMENTAL EDUCATION 88090 $29.00 SHAW, DAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 88091 $10-.00 SQUIRES, HEIDI MILEAGE AND PARKING RECYCLE REBATE 88092 $29.00 STARNES, JANE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER.SKILL DEVELOP 88093 $500.00 TESSMP'N, KATY OTHER CONTRACTED SERVICES STARING LAKE CONCERT 88094 $200.00 TIETZ, MICHAEL REFUNDS ENVIRONMENTAL EDUCATION 88095 $2,585.86 US POSTMASTER POSTAGE GENERAL 88096 $7.02 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE POLICE 88097 $415.72 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 . 88098 $79.00 ERNST, DOUGLAS CLOTHING & UNIFORMS PARK MAINTENANCE 88099 $1,455.60 GLENNE DOORS INC BUILDING FIRE STATION CONSTRUCTION 88100 $34.32 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88101 $29.39 MEALS ON WHEELS OPERATING SUPPLIES-GENERAL SENIOR AWARENESS N16 88102 $25.00 MPSA CONFERENCE IN SERVICE TRAINING 88103 $29.37 MUELLER, CYNTHIA OPERATING SUPPLIES-GENERAL OAK POINT LESSONS • 88104 $55,671.84 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 88105 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 88106 $1,078.04 US POSTMASTER - HOPKINS POSTAGE WATER ACCOUNTING 88107 $89.38 YEAGER, KELLY MILEAGE AND PARKING TREE DISEASE 88108 $25.03 A TO Z RENTAL CENTER OPERATING SUPPLIES-GENERAL FIRE 88109 $2.66 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 88110 $2,023.72 AAMCO • CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88111 $219.34 AMERICAN PRESSURE INC CONTRACTED EQUIP REPAIR WATER SYSTEM MAINTENANCE 88112 $1,266.29 ANCHOR PRINTING COMPANY PRINTING STARING LAKE CONCERT 88113 $5.37 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE ' 88114 $2,379.88 ARCH PAGING COMMUNICATIONS . WIRELESS COMMUNICATION 88115 $14,539.71 ASPEN REACH EQUIPMENT COMPANY OTHER EQUIPMENT WATER SYSTEM MAINTENANCE 88116 $898.86 BAKER POOLS REPAIR & MAINT SUPPLIES POOL MAINTENANCE • 88117 $261.36 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88118 $447.40 BEARCOM CONTRACTED REPAIR & MAINT WIRELESS COMMUNICATION 88119 $31.89 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 88120 $3,048.20 BENSHOOF & ASSOCIATES INC CONTRACTED REPAIR & MAINT ESCROW 88121 $510.00 BLOOMINGTON, CITY OF KENNEL SERVICE ANIMAL WARDEN PROJECT 88122 $195.00 BRION, ED OTHER CONTRACTED SERVICES SOFTBALL • 88123 $100.78 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88124 $537.50 BROWN, PAUL OTHER CONTRACTED SERVICES PARK FACILITIES 88125 $8,426.25 BRW INC DEPOSITS ESCROW 88126 $3,388.83 CEMSTONE REPAIR & MAINT SUPPLIES STORM DRAINAGE 88127 $730.64 CENTRAIRE INC CONTRACTED REPAIR & MAINT PRAIRE VIEW LIQUOR #3 88128 $52.76 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88129 $2,777.96 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 88130 $26.05 CROWN MARKING OFFICE SUPPLIES GENERAL 88131 $3,892.00 CURB MASTERS INC PARK EQUIPMENT ROUND LK PARK K17 88132 $1,572.48 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 88133 $674.81 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 7- COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88134 $10,715.81 DAHLGREN SHARDLOW AND UBAN DEPOSITS ESCROW 88135 $53.25 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 88136 $3,584.38 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE 88137 $2,892.00 DUSTCOATING INC DUST COATING GRAVEL ROADS-DUST CONTROL 88138 .' $1,983.86 EARL F ANDERSEN INC SIGNS TRAFFIC SIGNS $8139 $371.30 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #2 88140 $876.79 EF JOHNSON RADIOS WIRELESS COMMUNICATION 88141 $1,480.48 EULL'S MANUFACTURING CO INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 88142 $43.50 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 88143 $1,050.50 EXTENDO BED CO INC NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 88144 $452.13 FACILITY SYSTEMS INC PROFESSIONAL SERVICES GENERAL BUILDING FACILITIES 88145 $50.00 FARA DUES & SUBSCRIPTIONS POLICE 88146 $53.47 FEDEX POSTAGE GENERAL 88147 $398.99 FIBRCOM-MN COMMUNICATIONS WIRELESS COMMUNICATION 88148 $134.90 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS SEWER UTILITY-GENERAL 88149 $200.46 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT 88150 $895.15 GENUINE PARTS COMPANY EQUIPMENT PARTS WATER TREATMENT PLANT 88152 $52.20 GINA MARIAS INC MISCELLANEOUS - FIRE 88153 $562.25, GRAFIX SHOPPE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 88154 $44.02 GRAYBAR EQUIPMENT PARTS WATER TREATMENT PLANT 88155 $244.28 HALLOCK CO INC EQUIPMENT PARTS WATER TREATMENT PLANT 88156 $292.50 HAMILTON, MICHAEL OTHER CONTRACTED SERVICES SOFTBALL 88157 $98.93 HARMON AUTOGLASS BLDG REPAIR & MAINT PRAIRIE VIEW PARK 88158 $3,661.36 HAWKINS WATER TREATMENT GROUP CHEMICALS ,WATER TREATMENT PLANT 88159 $600.12 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE 88160 $1,052.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT $8161 $127.18 HERC U LIFT EQUIPMENT PARTS . EQUIPMENT MAINTENANCE 88162 $392.00 HIGLEY, STEVE OTHER CONTRACTED SERVICES SOFTBALL 88163 $624.00 HOLMES, JOHN CARTER OTHER CONTRACTED SERVICES SOFTBALL • 88164 $51.09 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 88165 $58.68 ICI DULUX PAINT CTRS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88166 $541.25 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL ADAPTIVE RECREATION 88167 $265.00 IPMA CONFERENCE IN SERVICE TRAINING 88168 $415.35 J-CRAFT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88169 $407.35 JANEX INC CLEANING SUPPLIES GENERAL BUILDING FACILITIES 88170 $800.00 KENNETH COMPANIES INC. . OTHER CONTRACTED SERVICES CEMETERY OPERATION 88171 $201.18 KINKOS INC OTHER CONTRACTED SERVICES FINANCE DEPT 88172 . $23.16 KOCH SULFUR PRODUCTS PATCHING ASPHALT STREET MAINTENANCE 88173 $184.40 LAKE COUNTRY DOOR OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 88174 $27.00 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88175 $1,110.27 LANO EQUIPMENT INC MACHINERY & EQUIPMENT STREET MAINTENANCE 88176 $190.61 LESCO INC LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 88177 $197.03 LOWELL'S EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88178 $238.10 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88179 $2,187.00 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES 88180 $1,686.96 MAXI-PRINT INC •PRINTING POLICE 88181 $198.97 MCGLYNN BAKERIES MISCELLANEOUS POLICE 88182 $370.50 MCGREGOR, RANDY OTHER CONTRACTED SERVICES SOFTBALL 88183 $480.16 MENARDS SMALL TOOLS WATER SYSTEM MAINTENANCE 88184 $382.76 METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88185 $2,319.03 METRO SALES INCORPORATED* CONTRACTED REPAIR & MAINT GENERAL 88186 $150.00 METROPOLITAN AREA PROMOTIONS C ADVERTISING PRAIRIE VILLAGE LIQUOR #1 88187 $182,584.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 88188 $301.90 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88189 $2,720.73 MIDWEST ASPHALT CORPORATION REPAIR & MAINT SUPPLIES STORM DRAINAGE COUNCIL CHECK REGISTER 15-JUN-2000 (15 rRPCK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88190 $243.35 MINN BLUE DIGITAL OPERATING SUPPLIES-GENERAL ENGINEERING DEPT ' 88191 $600.00 MINNEAPOLIS ST PAUL METRO AIRP LAND RENTAL FLYING CLOUD ATHLETIC FIELDS 88192 $488.64 MINNESOTA PIPE AND EQUIPMENT* REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 88193 $150.00 MINNESOTA SAFETY COUNCIL CONFERENCE IN SERVICE TRAINING 88194 $788.59 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 88195 $177.19 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88196 $1,296.42 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 88197 $4,370.66 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 88198 $190.90 NEON IMAGES BLDG REPAIR & MAINT PRAIRE VIEW LIQUOR #3 88199 $526.50 NEUMANN, NEAL OTHER CONTRACTED SERVICES SOFTBALL 88200 $339.18 NORTHERN TOOL & EQUIPMENT CO. OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88201 $229,77 NORTHSTAR REPO PRODUCTS INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT '88202 $375.00 NORWEST BANK MN N.A. PAYING AGENT B & I PAYMENTS 88203 $5.86 OHLIN SALES OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 88204 $446.16 OLSEN CHAIN & CABLE CO INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88205 • $2,077.82 OUTDOOR ENVIRONMENTS INC OTHER CONTRACTED SERVICES PARK MAINTENANCE 88206 $4:26 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL POLICE 88207 $1,448.00 PARAGON SEATING PROTECTIVE CLOTHING EQUIPMENT MAINTENANCE 88208 $65.00 PARK AUTO UPHOLSTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88209 $81.54 PETSMART CANINE SUPPLIES POLICE 88210 $24,924.10 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNS 88211 $468.00 PRESTON, ROGER OTHER CONTRACTED SERVICES . SOFTBALL 88212 $1,528.89 PRINTING ESSENTIALS PRINTING FIRE 88213 $19.60 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 88214 $6,695.61 STREICHERS CLOTHING& UNIFORMS POLICE 88215 $55.09 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88216 $55.70 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE 88217 $176.73 SUPERIOR PRODUCTS MFG CO OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 88218 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 88219 $333.04 TARGET REC EQUIP & SUPPLIES POOL LESSONS 88220 $313.39 'TESSCO OTHER EQUIPMENT WIRELESS COMMUNICATION 88221 $131.30 TESSMAN SEED CO CHEMICALS PARK MAINTENANCE 88222 $86.48 TIMBERWALL LANDSCAPING INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE . 88223 $899.00 TRAFFICWARE COMPUTERS INFORMATION SYSTEM 88224 $94.24 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 88225 $2,380.63 UNIFORMS UNLIMITED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 88226 $605.97 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 88227 $493.78 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 88228 $4,204.63 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 88229 $103.11 W W GRAINGER INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88230 $625.00 WEST SUBURBAN MEDIATION CENTER PROFESSIONAL SERVICES COMMUNITY SERVICES 88231 $376.42 WICHTERMAN'S LTD CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88232 $457.70 WM MUELLER AND SONS INC WASTE BLACKTOP/CONCRETE STREET MAINTENANCE 88233 $161.95 WOLF CAMERA INC OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 88235 $974.28 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE . 88236 $493.15 WURTH USA INC SMALL TOOLS EQUIPMENT MAINTENANCE 88237 $913.85 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 88238 $276.94 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 88239 $26.08 A+ VACUUM CLEANER CO CONTRACTED REPAIR & MAINT LIQUOR STORE CUB FOODS 88240 $430.00 ART START INC OPERATING SUPPLIES-GENERAL ENVIRONMENTAL EDUCATION 88241 $2,316.18 BEARPATH GOLF & COUNTRY CLUB EMPLOYEE AWARD HUMAN RESOURCES 88242 $60.00 BLUHM, AMY OTHER CONTRACTED SERVICES SPRING SKILL DEVELOP 88243 $450.00 MINNEAPOLIS COMMUNITY COLLEGE SCHOOLS POLICE 88244 $1,106.69 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 88245 $325.00 DIETHELM, GARY OMER CONTRACTED SERVICES CEMETERY OPERATION I COUNCIL CHECK REGISTER 15-JUN-2000 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 88246 $31.11 DRISKILLS NEW MARKET MERCHANDISE FOR RESALE CONCESSIONS 88247 $31.95 GREENMAN TECHNOLOGIES OF MN IN CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88248 $66.00 HEAVENLY HAM SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 88249 $1,993.54 INGRAHAM & ASSOC OTHER CONTRACTED SERVICES ROUND LK PARK K17 88250 $62.00 J&R RADIATOR CORP CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88251 $113.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 88252 $14,658.26 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE CRIMINAL PROSECUTION 88253 $44.85 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL SENIOR AWARENESS N16 88254 $1,598.00 MEDICINE LAKE TOURS SPECIAL EVENTS FEES ADULT PROGRAM 88255 $337.60 PICHA GREENHOUSE OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 88256 $53.80 PITNEY BOWES INC OFFICE SUPPLIES GENERAL 88257 $833.44 PRAIRIE OFFSET PRINTING PRINTING SENIOR CENTER PROGRAM 88258 $6.12 R & R MARINE INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 88259 $60.54 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL SENIOR AWARENESS N16 88260 $711.42 RAK INDUSTRIES OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 88261 $687.00 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL 88262 $55.00 RECYCLING ASSOC OF AMERICA DUES & SUBSCRIPTIONS RECYCLE REBATE- 88263 $7,410.00 RIDGEDALE ELECTRIC INC IMPROVEMENT CONTRACTS TRAFFIC SIGNALS - CSAH 39 88264 $99.45 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 88265 $240.00 ROBICHONS THE IN-LINE SKATE SC INSTRUCTOR SERVICE PRESCHOOL EVENTS 88266 $76.80 SHARPS AWAY SAFETY SUPPLIES RISK MANAGEMENT 88267 $463.99. SHOWCSE PROMOTIONAL ADVERTISIN CLOTHING & UNIFORMS ' SUMMER THEATRE 88268 $60.25 SIGN SOLUTIONS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 88269 $375.00 SKEESICK, FORREST OTHER CONTRACTED SERVICES SPRING SKILL DEVELOP 88270 $51:34 SNAP-ON TOOLS SMALL TOOLS TRAFFIC SIGNS 88271 $1,117.00 SNELL MECHANICAL INC CONTRACTED REPAIR & MAINT EPCC MAINTENANCE 88272 $930.70 SOUTHWEST SUBURBAN PUBLISHING- ADVERTISING STARING LAKE CONCERT 88273 $60.00 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 88274 $5.95 SPS COMPANIES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 88275 $890.00 ST. CLOUD STATE UNIVERSITY SCHOOLS POLICE 88276 $94.22 STANDARD REGISTER OPERATING SUPPLIES-GENERAL FINANCE DEPT $1,043,758.28* • 0 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions 06/20/00 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager Reduction in Time Warner's System Upgrade Chris Enger Bond lX' A. Requested Action Move to: Adopt the resolution authorizing reduction in Time Warner System Upgrade Performance Bond from$300,000 to $100,000. • Synopsis At the May 24, 2000, meeting of the Southwest Suburban Cable Commission, the SWSCC recommended that Time Warner's performance bond be reduced from $300,000 to $100,000. This recommendation was based on Time Warner's representation that system construction had been completed. Attachments Letter from Arlen Mattern to Brian Grogan Memo from Brian Grogan,Moss &Barnett Resolution Chris Enger- emo regarding reduction o on require y ime amer-Southwest. age MOSS&BARNETT A Professional Association MEMORANDUM TO: City Representatives and Staff FROM: Brian Grogan,Moss&Barnett DATE: May 30,2000 RE: Cable Franchise Ordinance—Bond Requirement Per the attached letter dated May 11,2000,Time Warner Cable has requested that the $300,000 bond required under Section 10.2 of each city's Franchise Agreement Ordinance ("Franchise")be reduced to$100,000 as contemplated in the Franchise. The above-referenced matter was discussed at the Southwest Suburban Cable Commission("Commission")meeting held on May 24,2000.The provisions in the Franchise require that when system construction is complete the bond will be reduced back down to a lower level. Each City could hire an engineer to verify that the construction is complete or each City could simply accept Time Warner's stipulation that they have completed construction as evidenced by the fact that they are providing the advanced services promised. Based on Time Warner's representation that the construction has been completed,the Commission voted to recommend reducing the bond from$300,000 to$100,000 as contemplated by the franchise documents. We recommend that each City place this item on its agenda to reduce the bond from$300,000 to$100,000. Enclosure 338441/1 801 Plymouth Avenue North Minneapolis.Minnesota 55411 Tel 612-522-5200 far 612-521-76226 TIME WARNER CABLE May 11,2000 Mr.Brian Grogan SWSCC Administrator/Moss&Barnett,P.A. 4800 Norwest Center 90 South Seventh Street Minneapolis,MN 55402-4129 Dear Brian: As you know, Time Warner Cable completed the upgrade in the Southwest Suburbs to a 750 MHz cable system by December 31, 1999 as was required by the cable franchise ordinance. The Southwest Cable Franchise Agreement, Section 10.3, under the General Financial and Insurance Provisions, required Time Warner Cable to maintain with each city a bond in the sum of $300,000 through the completion of the upgrade work in the Southwest Suburbs. Upon completion of the system upgrade, each city at its sole discretion may reduce the bond to the sum of$100,000. We believe we have reached the point where the requirement to maintain the$300,000 bond is no longer needed. We would like the Southwest Suburban cities to consider our proposal to lower the bond to the sum of$100,000 as the franchise ordinance would allow. • I hope to hear from you soon regarding this proposal. If you have any further questions or concerns,please contact me at(612)287-3659. If you have any questions or concerns,please call us at(612)287-3659. Sincerely, Arlen Mattern • Public Affairs Administrator • Cc: Chris Enger,City of Eden Prairie Gordon Hughes,City of Edina Jim Genellie,City of Hopkins David Childs,City of Minnetonka Steve Devich,City of Richfield CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING REDUCTION IN TIME WARNER SYSTEM UPGRADE PERFORMANCE BOND FROM$300,000 TO $100,000 WHEREAS,the City of Eden Prairie is a member of the Southwest Suburban Cable Commission(SWSCC); and WHEREAS,the SWSCC cable franchise ordinance approved by all member cities including Eden Prairie includes a requirement that Time Warner provide a$300,000 performance bond through the completion of the system upgrade; and WHEREAS, each member City has the sole discretion and authority to reduce the performance bond amount to $100,000 upon the completion of the system upgrade; and WHEREAS, Time Warner has informed the SWSCC that the system upgrade has been completed; and WHEREAS,the SWSCC believes the upgrade is completed based upon representations made by Time Warner and has asked each member City to review this matter. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes the reduction of the Time Warner system upgrade performance bond from$300,000 to $100,000. ADOPTED by the Eden Prairie City Council on June 20, 2000. Jean L. Harris,Mayor SEAL ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Reports of Advisory Boards and Commissions SERVICE AREA/DIVISION: Police ITEM DESCRIPTION: ITEM NO.: Jim Clark,Director of Public Appeal of Board of Adjustments and Appeals Safety Services Denial of Variance Request 2000-07, . A- . Jean Johnson,Zoning Adm. Nathan Bergeland Requested Action Move to: Set July 18, 2000, to hear the appeal of Nathan Bergeland on his variance requests and ' hear the appeal on the Building Official's Order for removal/relocation of the gazebo on Lot 2, Bryant Lake Heights, 7012 Willow Creek Road. Synopsis On June 8, 2000 the Board of Adjustments and Appeals heard Mr.Bergeland's request for Shoreland setback variances, approval to alter the non-conforming house structure,permission to allow repair, remodeling and improvements to the existing house and gazebo, and an appeal of the Building Official's order for removal or relocation of the non-conforming gazebo. Background Information Mr. Bergeland purchased lot 2 of Bryant Lake Heights from Mr. &Mrs. Perkins. Instead of removing the non-conforming structures, Mr. Bergeland is requesting repair,remodeling and improvements to the house and gazebo. Pursuant to City Code,upon receipt of an appeal the Council is required at its next regular scheduled meeting to set the date for the hearing on the appeal. At this meeting we are requesting the date be set for July 18,2000. No further action is required at the 6-20-00 meeting. Attachments June 14, 2000 Letter from Bergeland June 8,2000 Final Order from the Board of Adjustments and Appeals June 8, 2000 Staff Report on Variance 2000-07 1 06/14/2000 15:48 FAX 9529412337 HELIMITTH & JOHNSON PA 002 R Y HELLMUTH &JOHNSON, P.A. ATTORNEYS AT LAW CHAD A.JOPINSON` TELEPHONE DAMP G.HEu.MITITh BLAKE R.NElsoN* (952)941-4005 WILLIAM G.BELL111 NANG7 T BrsHOP FACSIMILE GERALD O.WILLIAMS,JR. (952)941-2337 JOHN K.ROSSMAN THOMAS M.JOHNSTON JoHN A.MARKVE 1 L-MML BRIAN FL i_IEBO info@hjlawfirm.com June 14,2000 • Ms. Jean Johnson VIA FACSIMILE AND Zoning Administrator ORIGINAL BY U.S.IVI Al . City of Eden Prairie City Center 8080 Mitchell Road Eden,Prairie,MN 55344 Mr. Chris Enger, City Manager VIA FACSIMILE AND. . City of Eden Prairie ORIGINAL BY U.S.MAIL 8080 Mitchell Road Eden Prairie,MN 55344 Re: Variance Request No. 2000-07 • Our Client: Nathan D.Bergeland Our File No.: 6306004 Dear Ms.Johnson and Mr.Enger: This letter follows the above-referenced Variance Request hearing held on June 8, 2000. This letter is written to confirm that my client hereby elects to appeal the decision of the Board of Adjustments and Appeals of the City of Eden Prairie. On behalf of Mr. Bergeland, I submit this letter as my client's notice of appeal and request for hearing before the City Council of the City of Eden Prairie. As I understand it, the hearing date concerning this appeal will be set at the City Council's June 20,2000 meeting. It is my understanding that the appeal will be heard before the City Council on July 18,2000_ Based on my discussion with Jean Johnson and Richard Rosow, my client has asked me to submit a scaled-down alternative proposal allowing him to simply replace his roof, siding and the windows within the home. It is our position that these items constitute normal maintenance and repair on any home and fall within the maintenance and repair exception to the City's Code. 10400 VIKING DRIVE,Suns 560 - L'DFN PRAIRIE,MINNESOTA 55344 Real Property Law Specialist,Ccni fled by the Real Property Law Section of the Minnesota State Bar Association Also admitted in Wisconsin and'California a, 06/14/2000 15:49 FAI 9529412337 HFLLMUTH & JOHNSON PA 0003 ., Mr.Jean Johnson Zoning Administrator Mr.Chris Enger,City Manager City of Eden Prairie June 14,2000 Page 2 Based on my discussions with Mr. Rosow, the City will agree to consider the alternative proposal. With respect to the alternative proposal, 1 will be submitting further materials and information to the City and Mr.Rosow. - For purposes of clarification, this letter is intended to constitute notice"of the appeal of the denial of my client's Variance Request and the denial of the reconsideration of the order requiring my client to remove the existing gazebo_ Please place this matter on the June 20, 2000 agenda for scheduling on July 18, 2000_ For your information, I will be submitting further _ materials with respect to this matter within the next couple weeks. If you should have any questions or concerns regarding this notice of appeal,please do not hesitate to call me. Very truly yours, 1LLMUTJl&JOHNSON,P.A. it ) avi lawilth Attorney at DGH\asg 7"---------- Enclosures cc: Mr.Richard F. Rosow,Esq. (by facsimile only) Mr_Nathan D_ Bergeland(by facsimile only) s:Berge1andNathan\ReaIEstatcMattcANoticeofAppeal VARIANCE#2000-07 CITY OF EDEN PRAIRIE BOARD OF ADJUSTMENTS AND APPEALS FINAL ORDER RE: Petition of Nathan Bergeland ADDRESS: 7012 Willow Creek Road OTHER DESCRIPTION: N/A VARIANCE REQUEST: 1. Grant the following variances for the existing non conforming house and gazebo: a. A setback of 40 feet from the Ordinary High Water Mark of Bryant Lake for the house. b. A setback of 0 feet from the Ordinary High Water Mark of Bryant Lake for the gazebo. (Code required setback is 100 feet for structures). 2. To alter the non conforming house structure by removing a one story portion of the house and constructing in its place a two story addition 60 feet from the Ordinary High Water Mark. required setback is 100 feet. Code allows only routine maintenance and repairs on non-conforming uses.) 3. To permit repair, remodeling and improvements to the existing non-conforming house and gazebo. The proposed work includes electrical installations, replacement of roofs and insulation, construction of a two story addition, and new fixtures, doors, windows, cabinets, flooring, stove &venting, gas fireplace, and siding. (City Code, Sec.11.75 NON-CONFORMING USES, STRUCTURES AND SIGNS. Subd.1. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration of restoration after destruction of the structures they occupy. Eventually, certain classes of non conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd.2 Continuation and Maintenance. A. Except as otherwise provided in this Chapter, a use, lawfully occupying a structure or a site on the effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. B. Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non-conforming and on a non-conforming structure.) K:tComm.Dev1BOA-Board of Appeals\Final Ordersl2OOO\Final Order 2000-07.doc The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes X No_). 2. Variance Request#2000-07 is herein Granted Denied X . 3. Findings to the denial of said variance are as follows: a. The alterations proposed for the house and gazebo are significant and exceed routine maintenance and repair allowed by City Code for non-conforming uses. b. There are no circumstances unique to the property that justify granting the variances and thereby altering the previously approved plan. c. There has been no showing of"Undue Hardship"as defined in the City Code, Sec.l 1.75,Subd.1. d. The property can be yut to a reasonable use if used in conformance with the City Code. e. The property owner purchased the property with knowledge of its physical condition. f. At the time the property owner purchased the property it was a non-conforming use under the City Code. g. The variances requested are significant and do not meet the spirit and intent of the City Code, which contemplates the eventual elimination of non-conforming structures. h. The variances requested do not adhere to Section 11.50 of the City Code providing for Shoreland regulation, which contains required structure setbacks from a lake's Ordinary High Water Mark. 4. A copy of this order shall-be forwarded to the applicant by the City Clerk. 5. This order shall be effective June 8,2000 . 6. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF ADJUSTMENTS AND APPEALS N/A=Not Applicable BY: DATED: June 8, 2000 K:\Comm.DCa\BOA-Board of Appeals\Final Orders\2000\Final Order 2000-07.doc BOARD OF APPEALS City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 • STAFF REPORT • VARIANCE: 2000-07 MEETING DATE: June 8,2000 APPLICANT: Nathan D.Bergeland LOCATION: 7012 Willow Creek Road REQUEST: 1. Grant the following variances for the existing non conforming house and gazebo: a. A setback of 40 feet from the Ordinary High Water Mark of Bryant Lake for the house. b. A setback of 0 feet from the Ordinary High Water Mark of Bryant Lake for the gazebo. (Code required setback is 150 feet for structures). 2. To alter the non conforming house structure by removing a one story portion of the house &c constructing in its place a two story addition 60 feet from the Ordinary High Water Mark. (Code required setback is 150 feet. Code allows only routine maintenance and repairs on non-conforming uses.) • 3. To permit repair,remodeling and improvements to the existing non-conforming house and gazebo. The proposed work includes electrical installations,replacement of roofs and insulation,construction of a two story addition, and new fixtures,doors,windows, cabinets,flooring, stove&venting,gas fireplace,and siding. (City Code,Sec.11.75 NON-CONFORMING USES, STRUCTURES AND SIGNS. Subd.l. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement,their re-establishment after abandonment, and the alteration of restoration after destruction of the structures they occupy. Eventually,certain classes of non conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform. Subd.2. Continuation and Maintenance. • A. Except as otherwise provided in this Chapter, a use,lawfully occupying a structure or a site on the effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. B. Non-conforming uses must comply with all regulations for off-street parking and loading,screening,landscaping and performance standards. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non-conforming and on a non-conforming structure.) K:\Comm.Dev\BOA-Board ofAppeals\Reports\2000\BOA Staff Report#2000-07.doc ZONING DISTRICT: R1-22 AREA CHARACTER: Half-acre+lots along Bryant Lake and Willow Creek Road BACKGROUND:. • 1998-1999 In 1998,this property was part of the Perkins Variance#98-06, See Attachment 1. The Board of Adjustments and Appeals denied the variances. The variances were appealed to the City Council. The City Council granted the variances on July 6, 1999,based upon Findings, Conclusion, and Order, see Attachment 2. 2000 Mr. Bergeland bought Lot 2 of the plat.titled Bryant Lake Heights. Mr.Perkins appeared before the City Council in March of 2000 and requested a building permit be issued for construction on Lot 3 and for the driveway access across Lot 1 without removal of the house on Lot 2,which request was contrary to the plan approved by the Council which depicted a new house upon this Lot 2. The request was denied, See Attachment 3. In the Spring of 2000,Mr. Bergeland commenced remodeling of the lakeside gazebo without a building permit. The work was stopped by order of the Building Official and code conformance requested. See Attachment 4. On May 9, 2000,Mr.Bergeland submitted an application for variances,Variance#2000-07. On May 18, 2000,the Building Official issued an order,requiring Mr. Bergeland to remove the gazebo from Lot 2 or to move it to a location on the property beyond the required setback. See Attachment 5. Mr.Bergeland has appealed this order. See Attachment 6. APPLICANT'S STATED HARDSHIP: See submission material. K\Comm.Dev\BOA-Board of Appeals\Reports\2000\BOA Staff Report#2000-07.doc ACTION I. The Board may wish to choose from one of the following actions: 1. Approve Variance Request#2000-07 with conditions. The following conditions are recommended: a. No building permits for the construction on the house be issued until an approved septic system has been installed. b. Approval by the City Council of an amendment to the Developer's Agreement between the City and James and Raynell Perkins, dated Aug.3,1999 allowing the issuance of building permits for the construction requested on Lot 2 and construction of a driveway and new septic system without removal of all existing structures on the property. 2. Continue Variance Request#2000-07 if additional information is needed. 3. Deny Variance Request#2000-07 based upon the following findings: a. The alterations proposed for the house and gazebo are significant and exceed routine maintenance and repair allowed by City Code for non-conforming•uses. • b. There are no circumstances unique to the property that justify granting the variances and thereby altering the previously approved plan. c. There has been no showing of"Undue Hardship"as defined in the City Code, Section 11.76, Subdivision 1. d. The property can be put to a reasonable use if used in conformance with the City Code. • e. The property owner purchased the property with knowledge of its condition. f. At the time the property owner purchased the property it was a non- • conforming use under the City Code. g. The variances requested are significant and do not meet the spirit and intent of the City Code,which contemplates the eventual elimination of non- conforming structures. h. The variances requested do not adhere to Section 11.50 of the City Code providing for shoreland regulation,which contains required structure setbacks from a lake's Ordinary High Water Mark. ACTION II. The Board may wish to choose from one of the following actions: 1. Affirm the decision.of the Building Official regarding the gazebo. 2. Overrule the decision of the Building Official regarding the gazebo. K:\Comm.Dev\BOA-Board of Appeals\Reports\2000\BOA Staff Report#2000-07.doc r NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENTS AND APPEALS MEETING Thursday , May 13, 1999 -7:30 PM City Center - 8080 Mitchell Road Eden Prairie, MN 55344 Variance: #99-08 ,.. Location: 7010, 7012 and 7014 Willow Creek Road Applicant: James Perkins NOTICE:You and your neighbors are invited to attend the public hearing about a variance being requested for a lot in your area. The land owner is requesting the following actions by the City: _Code Requirement Requested Variances Lot 1 Lot 2 Lot 3 5 acre without sewer and water 1.2 acres 1.18 acres .62 acres 300-foot lot width at building line 220 feet 170 feet 120 feet 150-foot lot width at OHW Meets req. Meets req. 145 feet 100-foot setback from OHW Meets req. 75 feet Meets req. 90-foot street frontage; 55 feet on cul-de-sac 25 feet 0 feet 45 feet Frontage on public street Meets req. 0 feet Meets req. Alteration or structure within 50 foot shore impact zone Grading Grading Grading QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting,please stop by City Hall during. office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you want to talk to someone about the proposed variance, please contact Jean Johnson, Planner, at 949-8490. If you choose to submit written comments, it is helpful to have-one copy to the Community Development Department in advance of the meeting. Copies will be provided to the Board members in their packets. Notice of this public hearing has also been published in the EDEN PRAIRIE NEWS on April 29, 1999. ATTACHMENT 1 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA .. VARIANCE REQUEST#99-08 FINDINGS, CONCLUSIONS,AND ORDER FINDINGS 1. A request for Variance #99-08 was made in conjunction with a 1998 plat request ("Preliminary Plat") containing shoreland variances for property at 7010, 7012 and 7014 Willow Creek Road. 2. The Property was previously platted in 1.989 into three(3) lots. 3. Exhibit A, attached hereto, identifies the variances requested. 4. The Preliminary Plat, a request to modify three existing lots into three differently configured lots, was considered by the Planning Commission at a public hearing on January 25, 1999. The Planning Commission, aware of the variances required under the City Code, recommended approval of the Preliminary Plat. 5. The Parks, Recreation and Natural Resources Commission, on February 1, 1999, aware of the variances required under the City Code, recommended approval.of the Preliminary Plat. 6. On March 2, 1999, the City Council approved the Preliminary Plat. 7. On May 13, 1999,the Board of Adjustments and Appeals denied the variances requested by the applicant. 8. The Preliminary Plat contains an improvement in the setback for Lot 1, which under the Preliminary Plat is 100 feet from the shoreland, whereas under the 1989 plat, it was 80 feet. 9. The Preliminary Plat contains an improvement in the setback for Lot 2, which under the Preliminary Plat is 75 feet from the shoreland, whereas under the 1989 plat, it was 40 feet. 10. Under the Preliminary Plat, the house pad on Lot 1 is moved 20 feet to the south to save vegetation next to the adjacent property. 11. The new drain fields provided for in the Preliminary Plat are further from the lake than under the 1989 plan. All three lots in the Preliminary Plat meet the 100 foot setback to the drain fields, whereas, only one of the lots met the requirement under the 1989 plan. /0 ATTACffiVIENT 2 12. Under the Preliminary Plat,two ofthe three lots meet the requirement of frontage on a public street, whereas, under the 1989 plan, only one of the lots met that requirement. 13. Under the Preliminary Plat, two of the three lots meet the 150 foot lot width at the ordinary high water mark and the third lot is 145 feet at the ordinary high water mark requiring a variance of five feet. Under the 1989 plat,two of the three lots also met the requirement, but the third lot was only 80 feet at the ordinary high water mark. 14. The proposed use of the property is residential,in keeping with the character of the area. The three lots in the Preliminary Plat will have as much or greater shoreland than homes in the surrounding area. 15. The property presents unique circumstances in that there is difficulty in creating house pads and lot lines because the property is located at the terminus of a cul-de-sac. 16. The property further presents unique circumstances in that it is characterized by a stand of trees and a grade change from 896 feet to 856 feet, representing a grade change of 44 feet. CONCLUSION 1. The use of the property as proposed in the Preliminary Plat is a reasonable use of the property. 2. There are unique circumstances that justify the granting of the variance. 3. The variances are in keeping with the spirit of the City Code and consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Eden Prairie. ORDER Based upon the foregoing findings and conclusions,the City Council hereby orders that the variances set forth in Variance Request #99-08 be granted and that the decision of the Board of Adjustments and Appeals is hereby reversed. EP\Perkins\Findings-Approved l l VARIANCE: #99-08 APPLICANT: Tames Perkins LOCATION: 7010, 7012 and 7014 Willow Creek Road REQUEST: Code Requirement Requested Variances Lot 1 Lot 2 Lot 3 5 acre without sewer and water 1.2 acres 1.18 acres .62 acres 300-foot lot width at building line - 220 feet 170 feet 120 feet 150-foot lot width at OHW Meets req. Meets req. 145 feet 100-foot setback from OHW Meets req. 75 feet Meets req. 90-foot street frontage;55 feet on cul-de-sac 25 feet 0 feet 45 feet Frontage on public street Meets req. 0 feet Meets req. Alteration or structure within 50 foot shore impact zone Grading Grading Grading Exhibit A I�. C t \ 71IT), \\ C .. :.. .1 -; It . c) 0 . : -V t- I • •• I C .J "s` iy t, I • =t: °1 It', •1 / / 0 t, r _ 0 lq.I\ •¢ot ' 1 M,er,eslos Nj I ,t.c tg �`` .!' - a ►.- 'I , ,. 4 ‘ .............:,.. .. E. • IS 0. °. •`O I etcL • . I A , i i t. W1 �1I . , . �� ii',eh'/e ` ,- l \ ` ' `• . ss`�;_ 1 F=W 1 • j aD 1. 1 0 0 �. .-. l(t•. , •.. �•\\• \ \' oot`\ 1 Rig ' i - 1 ' `j 1 ; I W t_N CI I W N ' gq,,, ,�t \',W Va,1 1�` • QWQ (n " • !ii �.� �� �•'•, i t 1 I J w err- ter.._ . 1 . '17 q it lJitil4t. �- y T \ cc •a) g N I- 7 )/' lik.4(1,1 : .' • 1 ' OW , 1„, // 7 ii a ;__rz ..,(.1.... ,,:.. ili -., , .0. iTp .:.- \ \ w— v) * X 6 g. 'i 0: LI 81,. il r - \, • I. ... 1‘1 / . 4 •11-'2 7,C1m1 ' *\\\*NI" ' " I A ‘\ . • • TCf/ I 1,4 •P:r4 P. , ., o„.117 ' . . 3 ,o' fyisp. e- ' \\ N , ),/, .140,,,. :(....:hC1/...,4. ; 1,lli .- t a k. . * \. \ ‘ . ILI oE/'Li r� : 14, ?ift .. , i , L' v. . 1, i:L.Nivii *Iir...„04,-,....-..;,..-;r•iia-91..N.10,-/. ‘.I/ I/ • , .. .,.:. „ .\--_....... \. 0.) fi 1 / % ..gf. 1 :. Orok0"/ .• r4dk - ' 14,' i i* .4 4.101•;,,..,>, 7. d4k tg 4 1 8 •1 I .t 1 ,,41. ` ••N/4 •,.'02 , 8A• / .7iii,, • 8 ,,. : M _,i 1 µ �, wol � 0� / 'Ill .... ...Al.:477. • r^ „ f/'l ' '/ ,ES ice�ts• /// / ;- , ' 1. /7, / ,� 1 e I : f 0 / . I :4 /// , , arc-\,..: ..,.. t. , • , IN Ht; is/9 i — ( / t•�i ,...0 — _ / •� o � ill is I I �' �'�I I � "�.tr JfJ�% / q X 1 1 71 is i �" 4..� �,, -ram 1 3 J E i _Si lc . E hi \. i 13 CITY COUNCIL MINUTES March 21,2000 Page 10 Jim Tucker, real estate manager for Target, said they plan a 41,670 square foot building expansion and parking lot improvements at the Eden Prairie Center. The expansion was shown as part of a larger phasing plan presented by General Growth Properties, and the site plan is consistent with the phasing plan. Uram said the community Planning Board voted 6-0 to recommend approval of this project, including waivers for setbacks, exterior materials and signs, at its February 28, 2000, meeting. All waivers requested are consistent with other - waivers granted with the Eden Prairie Center expansion. The recommendation included plan changes for landscaping, decorative lights, signs, and cart corrals to be completed prior to City Council review. The plans have been revised according to the Community Planning Board recommendation. Tyra-Lukens asked if the sign waiver request is for more signage than was granted by variance. Franzen replied Target is allowed to have a 300-square-foot sign on each outside wall. Target'is requesting signs on three sides and so they are asking to transfer the amount that would have been on the fourth side to the other sides. Mayor Harris asked if anyone wished to address the Council. No one did. • MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing and adopt Resolution No. 2000-55 for PUD Concept Amendment on 87.13 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 8 acres; and adopt Resolution No. 2000-55 for Preliminary Plat on 57 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footings and foundation permit to Dayton Hudson Corporation to proceed with construction at their own risk. Motion carried 5-0. Mayor Harris called a recess at 8:10 p.m. The meeting resumed at 8:25 p.m. F. PERKINS SUBDIVISION by James Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The • request would amend Exhibit C, paragraph XIII of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1, Block 1, to Lot 2, Block 1, Bryant Lake Heights without removal of all structures on Lot 2,Block 1. Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 18 property owners. • Franzen said the City Council approved the 1999 plan, and a Developer's Agreement was entered into between the City of Eden Prairie and James and t y ATTACHIVIENT 3 CITY COUNCIL MINUTES March 21,2000 t Page 11 Raynelle Perkins. It included removal of the existing houses and new houses would meet the shoreline setback. New drain fields would be farther away from the lake than the current location. James Perkins, 7014 Eden Prairie Road,requested to amend Exhibit C, paragraph XIII of the Developer's Agreement, in order to allow the house on Lot 2 to stand and not be demolished, as the buyer of Lot 2 would like to live in it. He made arrangements to sell the property to a developer. However, because of pending lawsuits against the City, the developer decided not to purchase it. He found another buyer in July 1999; however he backed out when new lawsuits were filed and Perkins could not guarantee what the City would do. At the same time Nathan Bergeland showed an interest in the property. He wanted to build on Lot 3 and sell Lots 1 and 2. However, in August Mr. Bergeland said he would buy Lot 2 and signed an agreement on August 24. The deal was closed September 29. Mr. Bergeland decided he liked the house on Lot 2, and wanted to live there. He said he did not understand that the old house was subject to being demolished and had not seen the Developer's Agreement Perkins discussed this with Ric Rosow in January and was told the house would have to be torn down. Mr. Bergeland has asked if the agreement can be amended so that he can live in the house. However,he was not able to be present at this meeting. • • Case asked Rosow if it is possible for someone to purchase a house in ignorance of a Developer's Agreement and still be held accountable for the conditions in the agreement. Rosow said yes it is possible to complete the purchase without knowing about the Developer's Agreement because the City has a policy not to file the Developer's Agreement against the title, so the City relies on the developer to tell the homeowner that something is required by the City. In terms of accountability, if the owner of the lot made the purchase without knowledge of the.agreement, the City would not be in a position to enforce the terms of the agreement against that buyer. By virtue of Council adopting the final plat and by virtue of City ordinances, the structure on Lot 2 becomes a non-conforming structure. The purchaser is deemed to know the law and is deemed to know the • structure is non-conforming. The structure cannot be enlarged or altered. Nothing can be done, other than normal repair and upkeep. No building permit may be issued on any of the three lots until all structures are removed. If Mr. Perkins wants to build a house on Lot 3, he has to wait until the structures on the other lots are removed before he is entitled to a building permit. This is in the Developer's Agreement, which is a contract signed by Mr. Perkins and is enforceable. The City cannot force the owner of Lot 2 to tear down the structure, however,based on the Developer's Agreement. Mayor Harris asked if access to the property is an issue. Rosow replied that is an issue for the owner of Lot 2, because the approved plat assumes access would be built across the northerly portion of Lot 1 down to Lot 2, so a permit to build cannot be issued until the buildings are torn down. Current access is across Lot 3, owned by Mr. Perkins, and it would be up to Mr.Perkins to allow access to Lot 2. 15 CITY COUNCIL MINUTES March 21,2000 Page 12 Butcher asked if it is standard practice for cities not to file Developer's Agreements with the titles. Rosow said the reason communities decide not to file them is because it clutters up the title to the property with a lot of restrictions and conditions which become meaningless after the agreement has been fulfilled, so there would be a continual`series of people asking Council to remove the conditions in the Developer's Agreements. That is the reason the decision was made many years ago by Eden Prairie not to file them with the title. Case asked if the house wouldn't eventually be torn down anyway if it cannot be altered or septic systems replaced. Rosow said the current property owner asked the City inspector to examine the condition of the house. Based on the report Rosow received it appears that the property is in a somewhat run-down condition • and in need of major repairs. Under State law, the owner cannot make major repairs to a non-conforming house. Eventually the structure, out of economic necessity, would likely be removed and a new structure built, according to the plans approved by Council. However, the variance request for the setback, • approved by Council, expires in July 2000. After that, if a permit is not requested to put up a structure at the variance setback, it would have to be built at the standard setback. Then another request would have to be made. Tyra-Lukens understood that at the time new owner closed on the house they would have seen the plat showing the new house location. Rosow said the plat would not have shown building pads for the new house,just lot lines. The buyer would have had the opportunity to see the recorded plat and find out about the variances, etc. The owner is charged with having that information whether he asked about it or not. Mayor Harris asked if anyone wished to address the Council. Dick Seidenstricker, 7221 Willow Creek Road, encouraged the Council to reject the request to amend the Developer's Agreement. In it, the Council gave Mr. Perkins everything he needed to subdivide his property, and all he had to do-was to comply with it. In November,he attempted to begin grading without a permit. In December, several neighbors met in Council Forum with the Council and City Staff regarding Mr. Perkins disregard for the Developer's Agreement. At that time the neighbors were assured,by the City that the agreement would be enforced. Seidenstricker requested that Council make Perkins comply with the commitments as outlined in the agreement by rejecting his request. Stuart Nolan, 7020 Willow Creek Road, said he met with Nate Bergeland, who said he never heard about the Developer's Agreement until well after he bought the property. Mr.Bergeland said he discussed his remodeling plans with Perkins. • MOTION: Thorfinnson moved, seconded by Case, to close the public hearing. Motion carried 5-0. I' .:, CITY COUNCIL MINUTES 1-' March 21,2000 Page 13 Butcher said she could not support this amendment request because of the reasons she voted to approve the plan for this project in 1999. One reason was to get rid of the structures standing on these lots because it would benefit all the residents to have a view of the shoreland. Case said four of the eight reasons the Council voted for this plan in 1999 would be negated if the request to amend the agreement were approved. Tyra-Lukens said she was not in favor of this proposal the first time it was presented. It is the responsibility of anyone selling anything to make clear to the buyer what they are selling. It would be a bad policy to approve the request. Thorfinnson said his personal integrity has been questioned throughout this process. The only one whose integrity should be questioned is Mr. Perkins.. Thorfinnson said he did not intend to support the request. • Mayor Harris said she recalled in 1989 she voted with the majority. The plan • presented at that time was never implemented. The 1999 plan was much better and that fact made her feel very good about voting with the majority in the 3-2 vote. This amendment request is a retreat from that plan and she would not feel good about amending it. • • • James Perkins said he did not intend to embarrass anyone on the Council. Mr. Bergeland told him he was only planning to make some decorative changes to the • house. - MOTION: Butcher moved, seconded by Thorfinnson, to deny the Amendment to the Developer's Agreement for the Perkins Subdivision. Motion carried 5-0. G. 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG)RECOMMENDATIONS(Resolution No.2000-57) Official notice of this public hearing was published on March 9,2000 in the Eden • Prairie News. Uram said the list of organizations was reviewed and recommended by the new Human Services Committee. The committee considered priorities established by Hennepin County in developing their recommendations, which.is based on requests received. The entitlement is $244,369, and will be available beginning in July 2000. Mayor Harris asked if anyone wished to address the Council. Mark Matsovsky, a member of the Board of Directors of the Community Action Agency for Suburban Hennepin County, expressed thanks for their allocation and will continue to provide services in the suburban Hennepin County area. DEPARTMENT OF INSPECTIONS CITY OF EDEN PRAIRIE FOR INSPECTIONS ONLY 949-8341 John Coleman-518-2497 INSPECTION FOR L i1C A et) J 12+u t 1 TIME REQUESTED DATE 2 Qt3:' 3 ADDRESS < 072- C)l (Fri/ Cre CONTRACTOR ., E-64,-,/ — I have this day made the inspection called for at the address listed above.You will make corrections as listed • below before proceeding with any work that would cover up or effect the listed correction. You will call for another inspection before corrections have been covered up. • c/Vo ?e''iJ / (Ur'- iZUCrif.) i /. t . CL`T" WI GVI 7 ki2 0c/`e,.._ —2- /_ I. 3 CYr,✓Nest_ r✓c5 i res4,.. - C/O-P. Ae/ v j S Of CO1- (-gyp You will be in violation of the Ordinance if you do not call for the proper inspections and ma• corrections as called for. CERTIFIC TE REQURIED BEFORE OCCUPANCY: S/f00 . /jd /1rI / • ATE TIME I CT 1 ATTACh VENT 4 Jean Johnson-BERGELAN©A51800.wpd -- - --___— -_----_. - —.__Page 1 May 18,2000 Nathan D.Bergeland 9111 Lake Riley Boulevard Chanhassen,Minnesota 55317 RE: Lot 2,Block 1,Bryant Lake Heights,Hennepin County,Minnesota Dear Mr.Bergeland: This letter is to advise you of the decision of the Eden Prairie Building Inspections Division regarding your recent alteration and reconstruction on a gazebo located on Lot 2,Block 1, Bryant Lake Heights, Hennepin County, Minnesota. The Building Inspections Division has determined that the alteration and reconstruction on the gazebo was unlawful and hereby orders the removal or relocation of the gazebo. • The gazebo exists as a non-conforming structure pursuant to Eden Prairie City Code § 11.75. The enlargement,alteration,or reconstruction of a non-conforming structure is a violation of the City Code, except for routine maintenance and repairs. By replacing key structural components and adding additional structural components you have altered and reconstructed the building in violation of the City Code.' It is the determination of the Manager of Inspections that it would be impossible to return the gazebo to its original condition and, therefore, you are hereby ordered to have the gazebo removed from the property or,in the alternative,removed to a location in conformance with the building setback requirements of the City Code. This decision may be appealed under Eden Prairie City Code § 2.26 to the Board of Adjustments and Appeals. If you desire to appeal this decision, the City would be willing to have this appeal heard at the same time as your request for a variance currently scheduled before the Board of Adjustments and Appeals on June 8,2000. If you desire to have this appeal heard at the same time,please advise the undersigned of your intention to do so. Very truly yours, J , CITY OF EDEN PRAIRIE By j Kevin Schmieg .'It should also be noted that the construction on the gazebo was unlawful as no building permit was granted by the City as required by Eden Prairie City Code§ 10.06. ATTACHMENT 5 1c) UJt Lb/Lutgel iJ.ub b1LiiLJ33 F'N1L PAbt 112 Financial Network 1-1\ANL:IAI. \FT\CY)i:I I\‘1:51 N1EN-1 CORPOIt1TIu\ Jean Johnson City Offices of Eden Prairie 8080 Mitchell Road • Eden Prairie, MN 55344 Re: Variance request File Number`: 6306004 Dear Jean, I received a letter via fax from my attorney,David Hellmuth,which originated from Richard Rosow. The letter stated that it was necessary for me to request an appeal of the order of the building inspector requiring that the gazebo be removed from the property or to a point beyond the setback requirement. Please use this letter as confirmation to the fact that I would like to appeal the order. The basis of that appeal is that the structure was leaning and bending due to the weight of the roof with inadequate support. The structure was repaired to maintain the integrity of the gazebo without changing the footprint or basic design of the structure. After my attorney contacted Richard Rosow,it was my understanding that we could make repairs but that improvements needed to go through the city for the proper variance requests. For safety reasons the necessary repairs were made to the gazebo since I was having a large company function in early May(the Eden Prairie police were informed of this)that many people would be in the gazebo. . • If you would like to see before and after pictures,I believe that you will agree that necessary•repairs were made and•the basic structure of the gazebo is intact. If you would . like to talk to my relative who helped me with this project,I would be happy to put him in contact with you to assist you in this process. • Please call me if I can assist you in this process. Thank you in advance for you attention regarding these matters. • ce , c 7 • Nathan D. Bergeland . ATTACHMENT 6 9i31 V:c r 78th Street.Suite 22(1• i:deii Prairie.:MN r31y 33.-19 t • 611 b29-JXXx)1dephnn.• • 612 H2941 :51 iax CITY COUNCIL AGENDA DATE: June 20,2000 SECTION: Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Center and ITEM NO.: Parks and Recreation Round Lake Parking Permit Report for 2000-2001 n_f C Robert A.Lambert Director School Year Requested Action Move to: Approve the request to continue the parking permit program for weekday, daytime use of the Community Center and Round Lake parking lots from 7:00 a.m. —4:00 p.m., August 25 through June 15, including the following changes to the parking permit policy: 1. Increase the permit fee from$80.00 to $85.00,to remain consistent with the High School parking rate increase. 2. Allow students to purchase a parking permit for a reduced fee of$42.50 if purchased after March 26. Synopsis It is staffs opinion that the parking permit program in its first year of operation was a success. Background By requiring the High School student population to purchase permits it not only created a safer environment,it also allowed Community Center patrons, close available access to the facility for daytime use. A total of 310 parking permits were sold. With daily monitoring of the lot, the majority of the 90-minute parking spots were available for Community Center patron use. The Police Department did an excellent job of creating a safe environment for not only the High School Students but also Community Center patrons. Costs which were incurred with the parking permit program in 1999-2000 included: • Police staff time • Police Office administration time • Community Center office administration time • Signage for the Community Center and Round Lake Park • Striping of parking lots at the EPCC and Round Lake • Parking Permits • Snow removal of entire lots prior to school start times Additionally, future expenses will remain approximately the same with additional cost to include: • Patching and repair work on both parking lots 1 City Council Agenda June 20,2000 Community Center and Round Lake Parking Permit Report for 2000-2201 School Year Page 2 • Overlays to each lot • Proposed side walk from the Community Center to the High School along the south side of the Community Center (Attachment 1) Staff recommends that the City's parking fee remain consistent with the High Schools highest tier fee for two reasons: 1. Encourage High School Students to park in High School parking areas first. 2. Use additional funds received in the parking permit program to help cover the cost of repair and upkeep of the existing lots at the Community Center and Round Lake Park. Staff did a phone survey of other local Community High Schools and found the following fee's for 2000-2001 school parking permits. • Chaska $84.00 • Eden Prairie $85 (lot A and B), $42.50 (lot C) • Hopkins $150.00 • Minnetonka $150.00 • Edina $175.00 (Require a minimum of a 3 person car pool) Staff has also learned in discussion with Eden Prairie School Staff that for the 2000-2001 school year the following permits have been purchased for the High School lot: • Lot A(440 permits sold) Full • Lot B (155 permits sold) Full • Lot C (45 permits sold) 75 still available The staff recommendation for the continuation of this program is supported by both Eden Prairie Police and School staff. Attachments 1. Pictures of existing dirt path from the Community Center parking lot to the High School. 2. City Councils approval of initial request for 1999-2000 school year parking permit program. 3. Existing parking lot layout at the Community Center and Round Lake Park. ATTACHMENT 2 CITY COUNCIL MINUTES August 17, 1999 Page 18 Adolf indicated they would be happy to work with staff to identify a buffer area. It would be difficult to have a uniform 25-foot buffer on this development because of the topography of the lots. Case said he would like to see some type of identification such as a silk fence for future landowners to determine where the sod ends and the wetlands begin. • Following discussion,vote was called on the motion.The motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Payment of Claims as submitted. Motion was approved on a roll call, with Acting Mayor Tyra-Lukens,Butcher-Younghans,Case and Thorfinnson voting"aye". VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS ' XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Boards and Commissions Restructure Thorfinnson reported the new structure for Boards•and Commissions has been presented to the staff liaisons of the current Boards and Commissions as well as the. Chairs of those Boards and Commissions or their representative. Thorfinnson explained they are now beginning the process of moving forward by notifying the Boards and Commissions members of the changes and how it impacts their positions. They will be working on a deadline as a group to see this process through completion. Thorfinnson said by the time they get everyone appointed and in place they are probably looking at the end of March,2000. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Proposed Community Center and Round Lake Parking Permits Lyndell Frey, Community Center Manager, explained this request for parking permits for daytime use of the Community Center and Round Lake parking lots was generated because of safety issues. They have -1 CITY COUNCIL MJNUTES August 17, 1999 Page 19 worked with the Police Department, School District and Southwest Metro to develop this plan and feel this is a good option to encourage high school students to use parking available to them at the school. Case asked where the students would park if they don't want to pay the parking permit fees for the Community Center or High School. Frey responded they will probably park in the neighborhoods. They have discussed this issue and do have most of the neighborhoods within walking distance posted for no parking and they may be required to do additional posting. Case said he is totally in support of this proposal, however, he wants to be sure all of the "what ifs" have been addressed. Frey explained there would be some follow-up required. Thorfinnson said he too supports this but is wondering how they will enforce this.Frey responded the Police will monitor the parking lot as they did last year. They do have 90-minute parking buffers. There are 350 spaces available and all of those spots will not be sold. Thorfinnson asked if this fee is the same as what the High School charges. Frey stated staff is recommending a$100 fee while the High School charges $80. The higher fee is to encourage the students to park at the High School. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the request for parking permits for daytime use of the Community Center and Round Lake parking lots effective from 7:00 a.m. until 4:00 p.m. Monday through Friday from the first day of school until the final school year and to tie this fee to the highest tier of the High School's fee schedule.Motion carried 4-0. 2. Renovation of Nesbitt Preserve Park Lambert reported they are well within the estimate projected and the . amount budgeted in the five-year Capital Improvement Program. This project will be funded through the Cash Park Fee Fund. In addition, all of the bidders included a bid price for a new Round Lake boathouse building. Staff is not recommending awarding the contract for this building at the current time due to the need to assess the situation with the Round Lake beach and the Canada goose population. Butcher-Younghans asked if the improvements to the hockey rink facility will relieve any of the pressures from the Community Center for ice. Lambert responded it will probably be the same as in the past. MOTION: Case moved, Butcher-Younghans seconded, to award the Nesbitt Preserve Renovation Contract to Ingram Excavating in the amount of $364,908. This is accepting their base bid amount of $421,908 and exercising Alternative No. 8,which reduces the bid amount of$57,000. 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I x \ J i oc , CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development&Financial Services Director 06/20/00 SERVICE AREA/DIVISION: Community Development& ITEM DESCRIPTION: ITEM NO Financial Services Bond Financing Alternatives for Third Ice Rink 7..iJ I Donald R.Uram — — Synopsis The attached memo outlines three options outlining financing terms of 10, 15, and 20 years. The net proceeds are$1,000,000 in each case. The annual debt service is 10 Years -- $150,000 15 Years -- $115,000 20 Years -- $100,000 The issues are structured as "Gross Revenue" bonds of the respective enterprise fund. Gross revenue bonds require that debt service obligations are paid prior to operations and maintenance. The City would be required to covenant that it would fund operations as long as bonds were outstanding. The bonds are not secured by general property taxes. Attachments Memo from Dave MacGillivray, Springsted Public Finance Advisors, dated June 12, 2000 k 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2887 651-223-3000 FAX:651-223-3002 SPRINGSTED Public Finance Advisors EXTERNAL MEMORANDUM TO: Don Uram, Director o City of Eden Pr i FROM: Dave MacGilliv DATE: June 12, 2000 SUBJECT: Ice Facility: Financing Options We have enclosed three options estimating three different financing terms•of 10, 15 and 20 years. The net proceeds would be $1,000,000 in each case. The issues are structured as "Gross Revenue" bonds of the respective enterprise fund. Gross revenue bonds require that debt service obligations are paid prior to operations and maintenance. The City would be required to covenant that it would fund operations as long as bonds were outstanding. The bonds are not secured by general property taxes. Some cities have also reviewed lease purchase obligations as a way of financing recreational facilities. These choices are policy decisions of the entity. A principal assumption regards interest rates. We have assumed current AA general obligation rates plus 50bp, which is below investment grade. We do not have the current financials as to the performance of the enterprise fund. We would like to review these figures in order to more precisely estimate interest rates. • We are available to discuss any aspects of this financing. Please do not hesitate to contact us. SAINT PAUL,MN • MINNEAPOLIS,MN • MILWAUKEE,WI • OVERLAND PARK,KS • WASHINGTON,DC • DES MOINES,IA Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 SOURCES & USES Dated 08/01/2001 Delivered 08/01/2001 SOURCES OF FUNDS Par Amount of Bonds $1,255,000.00 TOTAL SOURCES $1,255,000.00 USES OF FUNDS Deposit to Project Construction Fund 1,000,000.00 Deposit to Debt Service Reserve Fund (DSRF) 125,500.00 Deposit to Capitalized Interest(CIF)Fund 73,253.27 Costs of Issuance 39,800.00 Total Underwriter's Discount (1.500%) 18,825.00 Rounding Amount (2,378.27) TOTAL USES $1,255,000.00 Springsted Incorporated npr.sf-Ice Arena 10yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 10:56 AM • Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 NET DEBT SERVICE SCHEDULE • Date Principal Coupon Interest Total P+I DSR CIF Net New D/S Surplus(Defict) 4/01/2002 - - 49,035.00 49,035.00 - (49,035.00) - - 4/01/2003 115,000.00 5.350% 73,552.50 188,552.50 (3,728.73) (36,776.25) 148,047.52 (148,047.52) 4/01/2004 90,000.00 5.600% 67,400.00 157,400.00 (7,457.46) - 149,942.54 (149,942.54) 4/01/2005 95,000.00 5.700% 62,360.00 157,360.00 (7,457.46) - 149,902.54 (149,902.54)• 4/01/2006 100,000.00 5.750% 56,945.00 156,945.00 (7,457.46) - 149,487.54 (149,487.54) 4/01/2007 105,000.00 5.800% 51,195.00 156,195.00 (7,457.46) - 148,737.54 (148,737.54) 4/01/2008 110,000.00 5.850% 45,105.00 155,105.00 (7,457.46) - 147,647.54 (147,647.54) 4/01/2009 120,000.00 5.950% 38,670.00 158,670.00 (7,457.46) - 151,212.54 (151,212.54) 4/01/2010 125,000.00 6.000% 31,530.00 156,530.00 (7,457.46) . - 149,072.54 (149,072.54) 4/01/2011 ' 130,000.00 6.050% 24,030.00 154,030.00 (7,457.46) - 146,572.54 (146,572.54) 4/01/2012 265,000.00 6.100% 16,165.00 281,165.00 (132,957.46) - 148,207.54 (148,207.54) Total 1,255,000.00 - 515,987.50 1,770,987.50 (196,345.87) (85,811.25) 1,488,830.38 (1,488,830.38) Dated 8/01/2001 First Coupon Date 4/01/2002 YIELD STATISTICS Bond Year Dollars $8,661.67 Average Life 6.902 Years Average Coupon 5.9571387% Net Interest Cost(NIC) 6.1744757% True Interest Cost(TIC) 6.2216078% Bond Yield for Arbitrage Purposes 5.9421935% All Inclusive Cost(AIC) 6.8326465% IRS FORM 8038 Net Interest Cost 5.9571387% Weighted Average Maturity 6.902 Years Springsted Incorporated File=Edenpr.sf-Ice Arena 10yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 10:56 AM P ,2 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 SOURCES & USES Dated 08/01/2001 Delivered 08/01/2001 SOURCES OF FUNDS Par Amount of Bonds $1,260,000.00 TOTAL SOURCES $1,260,000.00 USES OF FUNDS Deposit to Project Construction Fund 1,000,000.00 Deposit to Debt Service Reserve Fund(DSRF) 126,000.00 Deposit to Capitalized Interest(CIF) Fund 76,021.40 Costs of Issuance 39,800.00 Total Underwriter's Discount (1.700%) 21,420.00 Rounding Amount (3,241.40) TOTAL USES $1,260,000.00 Springsted Incorporated npr.sf-Ice Arena 15yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 11:01 AM Pagy13 5 Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I DSR CIF Net New D/S Surplus(Defict) 4/01/2002 - - 51,021.67 51,021.67 - (51,021.67) - - 4/01/2003 80,000.00 5.350% 76,532.50 156,532.50 (3,898.35) (38,266.25) 114,367.90 (114,367.90) 4/01/2004 50,000.00 5.600% 72,252.50 122,252.50 (7,796.70) - 114,455.80 (114,455.80) 4/01/2005 55,000.00 5.700% 69,452.50 124,452.50 (7,796.70) - 116,655.80 (116,655.80) 4/01/2006 55,000.00 5.750% 66,317.50 121,317.50 (7,796.70) - 113,520.80 (113,520.80) 4/01/2007 60,000.00 5.800% 63,155.00 123,155.00 (7,796.70) - 115,358.30 (115,358.30) 4/01/2008 65,000.00 5.850% 59,675.00 124,675.00 (7,796.70) - 116,878.30 (116,878.30) 4/01/2009 65,000.00 5.950% 55,872.50 120,872.50 (7,796.70) - 113,075.80 (113,075.80) 4/01/2010 70,000.00 6.000% 52,005.00 122,005.00 (7,796.70) - 114,208.30 (114,208.30) 4/01/2011 75,000.00 6.050% 47,805.00 122,805.00 (7,796.70) - 115,008.30 (115,008.30) 4/01/2012 80,000.00 6.100% 43,267.50 . 123,267.50 (7,796.70) - 115,470.80 (115,470.80) 4/01/2013 85,000.00 6.200% 38,387.50 123,387.50 (7,796.70) - 115,590.80 (115,590.80) 4/01/2014 90,000.00 6.250% 33,117.50 123,117.50 (7,796.70) - 115,320.80 (115,320.80) 4/01/2015 95,000.00 6.300% 27,492.50 122,492.50 (7,796.70) - 114,695.80 (114,695.80) 4/01/2016 100,000.00 6.350% 21,507.50 121,507.50 (7,796.70) - 113,710.80 (113,710.80) 4/01/2017 235,000.00 6.450% 15,157.50 250,157.50 (133,796.70) - 116,360.80 (116,360.80) Total 1,260,000.00 - 793,019.17 2,053,019.17 (239,052.15) (89,287.92) 1,724,679.10 (1,724,679.10) Dated 8/01/2001 First Coupon Date 4/01/2002 YIELD STATISTICS Bond Year Dollars $12,760.00 Average Life 10.127 Years Average Coupon 6.2148838% _ Net Interest Cost(NIC) 6.3827521% True Interest Cost(TIC) 6.4297170% Bond Yield for Arbitrage Purposes 6.1878615% All Inclusive Cost(AIC) 6.8959046% IRS FORM 8038 Net Interest Cost 6.2148838% Weighted Average Maturity 10.127 Years Springsted Incorporated File=Edenpr.sf-Ice Arena 15yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 11:01 AM Pat14/ Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 SOURCES & USES Dated 08/01/2001 Delivered 08/01/2001 SOURCES OF FUNDS Par Amount of Bonds $1,265,000.00 TOTAL SOURCES $1,265,000.00 • USES OF FUNDS Deposit to Project Construction Fund 1,000,000.00 Deposit to Debt Service Reserve Fund(DSRF) 126,500.00 Deposit to Capitalized Interest(CIF)Fund 78,618.64 Costs of Issuance ; 39,800.00 Total Underwriter's Discount (1.800%) 22,770.00 Rounding Amount (2,688.64) TOTAL USES $1,265,000.00 Springsted Incorporated npr.sf-Ice Arena 20yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 11:02 AM Pa 1"6' i Housing and Redevelopment Authority In and For the City of Eden Prairie, Minnesota Gross Revenue Bonds (Ice Arena Project), Series 2000 NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I DSR CIF Net New D/S Surplus(Defict) 4/01/2002 - - 52,870.00 52,870.00 - (52,870.00) - - 4/01/2003 65,000.00 5.350% 79,305.00 144,305.00 (4,046.97) (39,652.50) 100,605.53 (100,605.53) 4/01/2004 30,000.00 5.600% 75,827.50 105,827.50 (8,093.94) - 97,733.56 (97,733.56) 4/01/2005 35,000.00 5.700% 74,147.50 109,147.50 (8,093.94) - 101,053.56 (101,053.56) 4/01/2006 35,000.00 5.750% 72,152.50 107,152.50 (8,093.94) - 99,058.56 (99,058.56) 4/01/2007 40,000.00 5.800% 70,140.00 110,140.00 (8,093.94) - 102,046.06 (102,046.06) 4/01/2008 40,000.00 5.850% 67,820.00 107,820.00 (8,093.94) - 99,726.06 (99,726.06) 4/01/2009 40,000.00 5.950% 65,480.00 105,480.00 (8,093.94) - 97,386.06 (97,386.06) 4/01/2010 45,000.00 6.000% 63,100.00 108,100.00 (8,093.94) - 100,006.06 (100,006.06) 4/01/2011 45,000.00 6.050% 60,400.00 105,400.00 (8,093.94) - 97,306.06 (97,306.06) 4/01/2012 50,000.00 6.100% 57,677.50 107,677.50 (8,093.94) - 99,583.56 (99,583.56) 4/01/2013 55,000.00 6.200% 54,627.50 109,627.50 (8,093.94) - 101,533.56 (101,533.56) 4/01/2014 55,000.00 6.250% 51,217.50 106,217.50 (8,093.94) - 98,123.56 (98,123.56) 4/01/2015 60,000.00 6.300% 47,780.00 107,780.00 (8,093.94) - 99,686.06 (99,686.06) 4/01/2016 65,000.00 6.350% 44,000.00 109,000.00 (8,093.94) - 100,906.06 (100,906.06) 4/01/2017 70,000.00 6.450% 39,872.50 109,872.50 (8,093.94) - 101,778.56 (101,778.56) 4/01/2018 70,000.00 6.500% 35,357.50 105,357.50 (8,093.94) - 97,263.56 (97,263.56) 4/01/2019 75,000.00 6.550% 30,807.50 105,807.50 (8,093.94) - 97,713.56 (97,713.56) 4/01/2020 80,000.00 6.600% 25,895.00 105,895.00 (8,093.94) - 97,801.06 (97,801.06) 4/01/2021 90,000.00 6.650% 20,615.00 110,615.00 (8,093.94) - 102,521.06 (102,521.06) 4/01/2022 220,000.00 6.650% 14,630.00 234,630.00 (134,593.94) - 100,036.06 (100,036.06) Total 1,265,000.00 - 1,103,722.50 2,368,722.50 (284,331.83) (92,522.50) 1,991,868.17 (1,991,868.17) Dated 8/01/2001 First Coupon Date 4/01/2002 YIELD STATISTICS • Bond Year Dollars $17,148.33 Average Life 13.556 Years Average Coupon 6.4363252% Net Interest Cost(NIC) • 6.5691078% True Interest Cost(TIC) 6.6131676% Bond Yield for Arbitrage Purposes 6.3983710% All Inclusive Cost(AIC) 7.0035061% IRS FORM 8038 Net.Interest Cost 6.4363252% Weighted Average Maturity 13.556 Years Springsted Incorporated File=Edenpr sf-Ice Arena 20yr-SINGLE PURPOSE Public Finance Advisors 6/12/2000 11:02 AM • • P4e�17 0