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Home My WebLink AboutCity Council - 03/07/2002AGENDA EDEN PRAIRIE CITY COUNCIL THURSDAY, MARCH 7,2002 7:OO PM, CITY CENTER Council Chamber 8080 Mtchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, CommUnity Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL / CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD FEBRUARY 15,2002 B. SPECIAL CITY COUNCIL MEETING HELD FEBRUARY 16,2002 C. CITY COUNCIL WORKSHOP HELD FEBRUARY 19,2002 D. CITY COUNCIL MEETING HELD "EBRUARY 19,2002 VI. CONSENT CALENDAR A. PARKSIDE PLACE by William and Suzette Dupont. 2nd Reading for Zoning District Change from Rural to R1-22 on 1.3 acres. Location: 18390 Dell Drive. (Ordinance for Zoning District Change) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES FIRST ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 2ND ADDITION D. ADOPT RESOLUTION APPROVING F"AL PLAT OF THE PINES AT SETTLERS RIDGE CI'IYCOuNcILAGEMlA March 7,2002 Page 2 E. ADOPT RESOLUTION AUTHORIZING EASEMENT ACQUISITION OF A TRAIL CORRIDORIN FIZE FOR CRESTWOOD PARKIMPROVEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CRESTWOOD TERRACE UTLITY IMPROVEMENTS F. AUTHORIZE AGREEMENT WITH SUMMIT ENVIROSOLUTIONS FOR UPGRADES TO THE CITY'S WELLFIELD SOFTWARE AND HARDWARE AND FOR EVALUATION OF PUMPING INTERFERENCE VII. PUBLIC HEARINGS / MEETINGS A. BRYANT LAKE BUSINESS CENTER THIRD ADDITION by Glenborough Realty Trust, Inc. Planned Unit Development Concept Amendment on 2.37 acres, Planned Unit Development District Review on 0.6 acres, Zoning District Change from Regional Commercial to Office on 0.6 acres, Site Plan Review on 0.6 acres, and Preliminary Plat of 2.37 acres into one lot. Location: 7555 Market Place Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) B. CRESTWOOD TERRACE AREA STREET AND UTILITY IMPROVEMENTS, I.C. 98-5474 (RESOLUTION) C. 2001 COMMUNITY DEVELOPMENT BLOCK GRANT F'UNDING (CDBG) RECOMMENDATIONS (RE SOLUTION) D. PROPOSED ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $26,500,000 FOR THE HEIGHTS AT VALLEY VIEW PROJECT VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION CALLING FOR A PUBLIC HEARING APRIL 16,2002, TO CONSIDER ESTABLISHING A TAX INCREMENT (TIF) DISTRICT FOR HOUSING (THE HEIGHTS AT VALLEY VIEW) X. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FOR 42-INCH WIDE GRAVE MARKER AT PLEASANT HILLS CEMETARY XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITYCOUNCILAGENDA March 7,2002 Page 3 m. APPOINTMENTS A. BOARDSANDCO WIISSIO E 1. Community Planning Board 2. Board of Appeals and Adiustments 3. Heritage Preservation Commission 4. 5. Art and Culture Commission 6. BOARD OF EQUALIZATION AND APPEALS 2002 CHAIRS AND VICE CHAIRS OF THE BOARDS AND COMMISSIONS Human Rights and Diversitv Commission Parks, Recreation and Natural Resources Commission B. C. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AM) RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR E. F. G. H. REPORT OF CITY ATTORNEY Mv. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING CITY MANAGER CANDIDATE IN’IXRVIEWS FRIDAY, FEBRUARY 15, 2002 500 PM, CITY CENTER Heritage Room 2 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Carl Jullie, City Attorney Ric Rosow and Recorder Lorene McWaters I. 11. 111. N. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:20 p.m. TRAIMNG/ORIENTATION Marge Penn, a trainer fiom Personnel Decisions International, reviewed the written information the Councilmembers received regarding techniques for interviewing and resumes of the six City Manager candidates. Penn noted that the list of suggested questions is broken down into main categories, including leadership, political issueshig picture thinking, human relations, communication skills, technical skills, and personal characteristics. The Councilmembers agreed they would each cover a particular area with each candidate. It was determined that while it might be helphl to ask similar questions of each candidate, Council was not required to do so. Penn said her most important request of the Councilmembers was that they not confer with each other before filling out their rating sheets. One Councilmember voiced concern over whether the scoring of the candidates was “public” information. City Attorney Rosow said that the particular scores were not public. INTERVIEWS Council interviewed three candidates: 0 Mike McGuire, former city manager of Maplewood, current consultant and interim city manager of Grand Rapids Larry Bodahl, city administrator of Newport 0 Dave Pokorny, city administrator of Chaska ADJOURNMENT The meeting was adjourned at 950 p.m. v* E, UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING CITY MANAGER CANDIDATE INTERVIEWS SATURDAY, mBRUARY 16,2002 5:OO PM, CITY CENTER Heritage Room 2 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Carl Jullie, City Attorney Ric Rosow and Recorder Lorene McWaters I. 11. 111. IV. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 9:00 a.m. INTERVIEWS Council interviewed three City Manager candidates: Susan Hop, Physical Development Director for Dakota County Scott Neal, City Administrator for Northfield Steve Mielke, City Manager of Hopkins 0 0 0 DISCUSSION Council agreed to wait until the Workshop on Tuesday, February 19, to hold detailed discussions about the individual candidates and narrow the selection to two or three finalists. Harry Brull, of PDI, will present the composite scores of the candidates by the Council, the Service Area Managers, and Staff Panel. ADJOURNMENT The meeting was adjourned at 12:05 p.m. 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, FEBRUARY 19,2001 CITY CENTER 5:30 - 6:25 PM, HERITAGE ROOM 11 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David, Luse, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, and Recorder Lorene McWaters Heritage Room I1 . I. 11. 111. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5: 10 p.m. APPROVAL OF AGENDA SELECTION OF CITY MANAGER CANDIDATE FINALISTS The Council discussed the interview evaluations of candidates by staff, service area directors and Council. Candidates were not identified by name during the discussion. Council agreed to select three (rather than two) candidates to become finalists. Council solicited the input of the Service Area Directors on the candidates. Harry Bmll, of PDI, explained that the final candidates would undergo further assessments (including psychological testing and videotaped presentations) over the next month. On March 12, PDI will deliver packets describing the results of these assessments to the Council. Several Councilmembers expressed the desire to talk again to the three candidates before making a final decision; however all agreed that it is important to adhere to the timeline that calls for naming the new City Manager at the March 19 Council meeting. After considering several alternatives, Council agreed to hold brief final interviews with the three candidates the night of Monday, March 18,2002. Council will also discuss the final selection immediately after the interviews. The three final candidates are Scott Neal, Mike McGuire, and Steve Mielke. CITY COUNCIL WORKSHOP MINUTES February 19,2002 Page 2 V. OTHERTOPICS Council Chamber VI. OPEN FORUM (Scheduled participants, 6:30-650 p.m.) Friends of Birch Island Woods Jeff Strate noted that the City began looking at the possibility of purchasing the industrial portion (Parcel B) of the Birch Island Woods in December. He encouraged the City to strongly consider buying this land. He said Friends of Birch Island Woods has obtained two separate assessments that indicate such a purchase would be a good investment. Geri Westermann noted that there has been some encroachment onto the parcel by Midwest Asphalt. She said this should be considered when negotiating a price for the parcel. Stuart Nolan Stuart Nolan and several neighbors appeared before the Council to provide an update on FreebergRerkins properties on Bryant Lake. These properties have been the subject of dispute since 1973. Nolan informed the Council that the Board of Adjustments and Appeals had recently granted a variance for 55-foot lakeshore setback for construction of a house on one of the properties. He noted that the Council has the right to review the variance, but they would have to serve notice of their intent to do so today (according to the stated 14-day appeal period). Nolan said he and his neighbors have been struggling with issues surrounding these properties for years, and would like the Council to “finally put stakes in the about what will and will not be allowed. Nolan reviewed some of the history of the properties, including past requests for subdivisions and related developers agreements. Mayor Tyra-Lukens noted that the issues related to these properties are complex and asked City Attorney Rosow what options were available to the Council. Rosow said the Council could choose, during the regular Council Meeting, to set a hearing to review the %-foot setback variance. Councilmember Butcher said she would like to consider the issue during the regular Council Meeting. VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one asked to speak during Open Podium. VI. ADJOURNMENT a UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 19,2002 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. 11. 111. IV. V. ROLL CALL I CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:OO p.m. All members were present. PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month fiom 6:30 - 7:OO p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office (at 952-949- 8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, fiom 6:50 to 7:OO p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak the Council. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added Item X.C. FOLLOW-UP OF COUNCIL FORUM DISCUSSION REGARDING THE PERKINSBERGELAND PROPERTY. Luse added Item XIII.A.2. and Tyra-Lukens added Item Xm.A.3. Tyra-Lukens added Item XI1.A. APPOINTMENT OF COUNCILMEMBERS TO COMMITTEES. Jullie added Item V1.L. CLERK’S LICENSE LIST and removed Item X.B. HEARING REGARDING ISSUANCE OF PRIVATE KENNEL LICENSE. MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. MINUTES I cITYcouNclLR~s February 19,2002 Page 2 A. B. C. D. CITY COUNCIL WORKSHOP HELD JANUARY 28,2002 MOTION: Mosman moved, seconded by Case, to approve as published the Minutes of the City Council Workshop held January 28,2002. Motion carried 4-0- 1, with Luse abstaining. SPECIAL CITY COUNCIL MEETING HELD JANUARY 28,2002 Case said Page 3, Paragraph 3, Sentence 2 should be changed to “Our system views the non-selected candidates fiom a prior election as non-selected candidates.” He said Page 5, Paragraph 4, Sentence 1 should be changed to “Case said he could see advantages and disadvantages to asking the nominees whether or not they intended to run for office.. .” Mosman said Page 5, Paragraph 7 Sentence 1 and 2 should be changed to “...and someone who has not been attached to an issue. She thought perhaps her two nominees have been perceptually attached to one main project.” MOTION: Case moved, seconded by Butcher, to approve as published and amended the Minutes of the Special City Council Meeting held January 28, 2002. Motion carried 4-0-1, with Luse abstaining. CITY COUNCIL WORKSHOP HELD FEBRUARY 5,2002 MOTION: Mosman moved, seconded by Butcher, to approve as published the Minutes of the City Council Workshop/Forum held February 5, 2002. Motion carried 4-0-1, with Tyra-Lukens abstaining. CITY COUNCIL MEETING HELD FEBRUARY 5,2002 Luse said the second paragraph of Item C.4. on Page 17 should be the second paragraph of Item C.3 on Page 16. Because of that change, the vote on the motion for Item C.3. should be changed to: “Motion carried 3-0-1, with Luse abstaining.” The vote on the motion for Item C.4. should be changed to: “Motion carried 4-0.’’ Tyra-Lukens said the last sentence on Page 18 should be changed to: “Acting Mayor Case adjourned the meeting at 9:05 p.m.” MOTION: Mosman moved, seconded by Luse, to approve as published and amended the Minutes of the City Council meeting held February 5, 2002. Motion carried 5-0. VI. CONSENT CALENDAR A. -PIN VILLAGE by The Pemtom Land Company. 2nd Reading for Planned Unit Development District Review with waivers on 28.3 acres, Zoning District Change from Rural to R1-9.5 on 103 acres and from Rural to RM-6.5 on 2- CrIYCOUNclL~~ February 19,2002 Page 3 B. C. D. E. F. G. H. I. J. IC L. 18 acres, and Site Plan Review in the RM-6.5 District on 18 acres. Location: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. (Ordinance No. 1-2002-PUD-1-2002 for PUD District Review and Zoning District Change and Resolution No. 2002-41 for Site Plan Review) AUTHORIZE PURCHASE OF MITEL SX-2000 EQUIPMENT FROM ESCHELON COMMUNICATIONS FOR THE COMMUNITY CENTER APPOINTMENT OF ASSISTANT WEED INSPECTOR AWARD BID FOR PURGATORY CREEK RECREATION AREA PARK GRADING TO VEIT COMPANIES APPROVE CERTIFICATE OF CORRECTION OF OAKPm ESTATES 3HD ADDITION APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC. FOR DESIGN AND CONSTRUCTION SERVICES FOR WATERMAIN ADJACENT TO TH 212, I.C. 02-5559 PARTIAL RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR BRAXTON WOODS 2ND ADDITION, S.S.A. 01-05 APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR BRAXTON WOODS ADDITION, S.S.A. 00-04 ADOPT RESOLUTION NO. 2002-42 FOR SUBMITTAL OF APPLICATION FOR 2001 HENNEPIN COUNTY RESIDENTIAL RECYCLING FUNDING POLICY GRANT ADOPT RESOLUTION NO. 2002-43 SUPPORTING LEGISLATION PERMITTING USE OF SUPPRESSED WEAPONS FOR LOCAL GOVERNMENT APPROVED DEER MANAGEMNET PROGRAMS APPROVE CREDIT CARD PROCESSING SERVICES CONTRACT CLERK'S LICENSE LIST MOTION: Butcher moved, seconded by Mosman, to approve Items A-L of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS / MEETINGS VIII. PAYMENT OF CLAIMS Case asked about Check #1204 for $4.7 million for Utility Bonds Arbitrage. Dietz said those were the refunding bonds previously authorized by the Council. 3 cITYcomc3LR~ February 19,2002 Page 4 MOTION Case moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Luse, Mosman, and Tyra-Lukens “aye.” E. ORDINANCES AND RESOLUTIONS X. PETITIONS, REOUESTS AND COMMUNICATIONS A. REOUEST FOR LEGISLATIVE ACTION TO APPROVE CONSTRUCTION FUNDING FOR NEW TH 212 IN 2004 (Resolution No. 2002-42) Jullie said Councilmember Mosman is a member of the Southwest Corridor Transportation Coalition (SWCTC). She will present the proposed resolution and review the strategy of the SWCTC to seek an advance in funding for TH 212 fi-om 2011 to 2004. Mosman said that last fall the SWCTC elected her to be on the Board Directors. One of the specific tasks of the Board for this legislative session is to obtain money for the advanced construction date. She said this highway system will serve southwest Minnesota fi-om the Twin Cities to the South Dakota border. She said the U.S. Congress has designated TH 212 as part of the National Highway System and MnDot has officially identified TH 212 as a critical “inter-regional corridor” in the state. Mosman said TH 212 now dead ends at County Road 4. She said MnDot has designated the project to construct TH 212 as the state’s top highway expansion project and the first to receive necessary state funding when such funding is available. Except for final design, the project is all ready to go, but it is not scheduled to start until 2011 because of insufficient state highway funding. All of the environmental surveys have been done and all of the right-of-way will have been acquired for the next phase of the project, extending TH 212 18 miles west of County Road 4. She noted delays in the project will make it more expensive to build. Mosman said the SWCTC board plans to meet with many legislators and representatives this month to lobby for advancing the funding to 2004. Representative Tom Workman, Chair of the House Transportation Committee, has introduced funding requests at the legislature this morning. She noted the letter that the Eden Prairie Chamber of Commerce has sent to legislators in support of resolving critical highway transportation needs in the Twin Cities metro area is included in the Council packet. Butcher asked how much funding is needed. Dietz said it is approximately $160 million. Butcher then asked if that amount would fund the entire project. Dietz said that would take it out to Cologne. Mosman noted they are still working on acquiring right-of-way fiom that point east into Eden Prairie. 4 GITycom~~INcJTEs February 19,2002 Page 5 MOTION: Luse moved, seconded by Case, to adopt Resolution No. 2002-44 requesting State Legislative action in 2002 to approve construction funding for new TH 212 in 2004. Motion carried 5-0. B. HEARING REGARDING ISSUANCE OF PRIVATE KENNEL LICENSE The appeal had been withdrawn. The license approval was included in Item VI.L. C. FOLLOW-UP OF COUNCIL FORUM DISCUSSION REGARDING THE PERKINSBERGELAND PROPERTY Butcher said she was uncomfortable with the discussion we had during the Council Forum. She thought we need to have a dialogue about what we can do to bring some sense of closure for the residents who are asking for some resolution. She would like to know if there is anything we can do to make them feel right about it. Tyra-Lukens said she would like to have a resolution so that our intentions in 1999 were clear. Butcher thought we were trying to come to some decision based on what previous Councils had done. Tyra-Lukens noted the decision in 1999 was made on a 3-2 vote. Rosow said ‘this is a hard question to answer. Last spring Mayor Harris, the City Manager and he met with property owner Perkins a number of times. They wanted to bring back something that would indicate movement on Mr. Perkins’ part. Rosow said those discussions led nowhere. He said the configuration of the land and the topography constrains development on the property. Rosow said the Council could review the decision of the Board of Adjustments & Appeals. He said the decision there was that Mr. Bergeland has court approval to rehabilitate the house. He would rather build a new house, which would be put a little farther back than the existing house. He said a new house might be there for many more years so the Council might want to review the decision to see if there wasn’t a better solution. Rosow said he was sure the owner of Lots 1 and 3 will come in asking for building permits for those lots with the argument that Mi-. Perkins was granted the variance and he would be allowed to build. Rosow noted there were other variances granted, some of which have been used. Those variances that were used will go on in perpetuity. Rosow said the Council previously turned down Mi-. Perkins’ request to take that provision out. That allows the problem to continue to exist with no new structures on Lots 1 and 3. He thought that with Lot 2 sitting in the middle there is no way to reconfigure unless lot 2 acquires either Lot 1 or Lot 3. Rosow said the Council will have to determine tonight whether to have a hearing to review the decision. 5 cITYcouNcILR.1[INcTTEs February 19,2002 Page 6 Luse said he mas not up to speed on this issue and would like a chance to review the history on it. He thought this would be a precedent setting issue to go to 55 feet, and he would like to set this up for review so that it would come before us in the next 60 days. He realized this is a frustrating issue and has not had the consensus of the Council. Case was not sure, looking only at the Bergeland situation, if he would overmle the Board of Appeals decision. He noted that a year or so ago the gazebo issue slipped by us. This is very complicated today because the gazebo has been allowed to remain on the property. Because of that, he agreed with the others that this deserves another look. He thought what we do clearly impacts Mr. Perkins. MOTION: Case moved, seconded by Mosman, to call for a hearing on April 9, 2002, to review the Board of Appeals & Adjustments granting of a variance on the Bergeland property (Lot 2). Motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. APPOINTMENT OF COUNCILMEMBERS TO COMMITTEES Tyra-Lukens noted that Councilmember Luse should be included in some of the Council Board and Committee appointments. She suggested he be appointed to the City and School Facilities Use Task Force and the Building Assets Together committee. MOTION: Case moved, seconded by Butcher, to appoint Councilmember Luse to the City and School Facilities Use Task Force and to the Building Assets Together committee. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Final Citv Manager Candidates Tyra-Lukens said Staff and Councilmembers met over the past weekend to interview six final candidates for the City Manager position. She said there were three rounds of interviews that focused around questions developed by professionals in the City Manager interview process. She noted the Council had discussion on the candidates at the Workshop session earlier this evening. Tyra-Lukens asked for nominations for two or three finalists. Case nominated Steve Mielke. Mosman nominated Mike McGuire. CITYcOmcIL~ February 19,2002 Page 7 Luse nominated Scott NeaL MOTION: Case moved, seconded by Butcher, to select Steve Mielke, Mike McGuire, and Scott Neal as finalist City Manager candidates to continue in the selection process. Motion carried 5-0. 2. Luse - Task Force to Develop Celebration and Appreciation of Acting CiW Manager Jullie Luse said he would be willing to head up a task force or committee to work on doing something to show our appreciation for Mr. Jullie’s returning to take on the role of Acting City Manager. Luse said Jullie has done a fabulous job and he would like to celebrate that. 3. Tvra-Lukens - Goals for the Year Tyra-Lukens said she missed the last Council meeting and wanted to present her four goals for the coming year. a. Enhance the climate for business growth. The business community provides jobs for our residents and opportunities to shop and recreate in the city. Partnerships with the business community will help us to stay focused on the needs of this essential part of our community and enable us to attract and retain businesses. We need to encourage groups such as Habitat for Humanity and encourage Chamber and City working relationships. We should develop innovative ideas for economic development. b. Review our strategic plan and goals for the future. We have two new Council members who have not participated in this process. The timing for this should probably be after the new City Manager starts. Focus on city communications. The results of the MAC negotiations need to be communicated carefully and clearly. We should launch the web site as soon as possible. The positives about the city are abundant and need to be stressed. We should hold town meetings on a variety of topics of interest to the community7 with each of the service area directors working with the Council to bring forth one topic for each meeting. c. d. Stress innovation and responsiveness. We should be innovative in our approach to problem solving, especially budget cuts. We need to be responsive to the needs of our citizens. By continuing to build partnerships with the community, the school district and resident and community organizations, we can keep abreast of needs and concerns. All Councilmembers and Staff should share in this effort to determine what the needs are before they become problems. CITYCOuNcTLblINUTES February 19,2002 Page 8 Tyra-Lukens said the Council will review the goals of Councilmembers and Staff at the March 19 meeting. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AM) RECREATION SERVICES DIRECTOR 1. Birch Island Woods - Industrial Parcel Lambert said a few months ago the Council authorized staff to enter into discussions with Hennepin County to purchase a 4.4-acre parcel of surplus land for future development. He said before staff got to the initial discussions with the County, Midwest Asphalt came to us with their interest in purchasing the property. Lambert said the issue becomes the fact that we would require Midwest Asphalt to remove all of their stockpile that has encroached on the property for many years and to clean up the property. He said their interest in the property is not only for future development, but also to continue using the property. Lambert said staff thought it was incumbent upon them to bring the offer to the Council before we went into negotiation of the purchase agreement with the County. He said staff is asking the Council for authorization to either negotiate with the County to buy the property or to let Midwest Asphalt have it. Case asked if it would be possible to keep a 30-foot buffer if we do buy the property and keep it for a period of time. He was especially concerned that the City keeps the ridge with trees out of the sale. Lambert said we would be left with an unusable piece of property if we sold it with that piece reserved. Uram said he thought this is an opportunity we need to take advantage of because we will be in a stronger negotiating position if we purchase the property than if we let Midwest Asphalt purchase it. He said we have looked at this piece two or three times in the past. He said our goal is to redevelop the site beginning with a request to Midwest Asphalt to move off the site. Luse had concerns that relate to the process of this becoming available and that being the only potential ownership outside of the city ownership. He would like to be able to use funding other than tax dollars so the question becomes can we get comfortable with that potential ownership with a legal contract that would be enforceable. Uram said this situation is similar to the Birch Island Woods purchase. He thought this is a relatively cheap deal for Eden Prairie. He noted this site is located within the area for the redevelopment of Eden Prairie Center and CITYCOUNCTLA- February 19,2002 Page 9 TIF funding from that could be used to purchase the site and it is blighted property- Mosman asked about the possibility of lowering the price and whether there is any pollution from the material put there by Midwest Asphalt. Lambert replied that if the City acquires the property the price is not negotiable assuming we will have full use of the property. The price was determined by an appraisal done on that parcel and Birch Island Woods and we would agree on that price. If the property goes on the market, then it is anybody’s guess what the price will be. It would be a sealed bid process and Midwest Asphalt might not get it. Lambert said the only way to ensure that we have control is to acquire it. Rosow said the County wouldn’t sell the property to Midwest Asphalt. They will put it up for sale. If the City buys it, we are subject to the same rules in that we can’t just pick our buyers. We would need to ensure that we get the highest possible price for the property. There is no guarantee that Midwest Asphalt would get it in the process. The City’s process is that the city would acquire the property and then the decision is made whether to start negotiations with Midwest Asphalt, understariding that others might come into the process with a bid. Rosow said with respect to any pollution on the property, a Phase I Environmental Study was done on the other parcel, and we probably would have one done on this. We would also want to investigate the circumstances of their encroachment on the property. He said the normal rule is that you can’t take adverse possession of a government property. He did not know how long the County has had the property, but those are some of the things we would have to research. Case said he favored our purchase of the property. He wanted to underscore his point that he would like to see the small area with trees survive, assuming we could specify that in the redevelopment process. He was not sure he followed why we would sell it to Midwest Asphalt at all if our goal was to be part of the next redevelopment process. He asked if we would then lease it back to Midwest Asphalt. He would think we might want to lease it to Midwest Asphalt in order to get some of our purchase price back. He would definitely want to see the buffer piece retained. Rosow said there have been discussions with Midwest Asphalt about the length of time they would want the property. We asked about the end date for the use of the asphalt plant, and they said it would be a long time. Case said he thought our purchase and short-term lease would drive that timing. Lambert said the only reason this item is on the agenda tonight is that they came to us, and staff felt obligated to bring it to the Council. He said stafT still believes we should acquire the parcel, and we can always negotiate CITYCOUNClLb5NUTES February 19,2002 Page 10 with Midwest Asphalt down the line. We still thinIc it makes good financial sense for the City to control the future redevelopment of the site. He said st^ would strongly recommend that Midwest Asphalt move their stockpiles off the site as soon as possible. Luse said he realized ultimately we have to buy it fi-om the County. On the other hand, if we have an option agreement or some kind of iron-clad contract with Midwest Asphalt for a period of time we are comfortable with, that would be the way to go in order to get back our public dollars for the acquisition and the costs associated with the contract for deed. Butcher thought it makes sense for the City to purchase the property. She was worried about what might be on the property in terms of the potential pollution. Rosow said we would know the answer to the pollution question before we purchase the property. We would make the purchase subject to the Phase I study. He said this agenda item was only to make the Council aware that someone else was interested in hding the purchase. Lambert said he was hearing that we should proceed with the purchase agreement with Hennepin County and during that process we will require a Phase I study and background research. That will take at least 90 days and, in the meantime, we will have some discussions with Midwest Asphalt so that when we have completed the negotiations with Hennepin County we will have all of the knowledge about the property at that time. Case said he was not in agreement with the idea that we ought to be headed toward a negotiated sale. He was not in agreement that, if we can negotiate with Midwest Asphalt regarding the potential for clean up and lease to them, we will join with them in some redevelopment phase. He was not in agreement with selling to them. Luse thought we should not go into the negotiations without the option to sell to Midwest Asphalt on the table. It is an agreement that comes about quite often in the private sector. Midwest Asphalt is very motivated, and he thought we should lease to them and then bring it back to determine what is the best use of public dollars. He believes that in the end we cannot lose control of the property. Case said it is just a question of time when the public dollars come back to us. He was more concerned that we are sending staff away with the idea that they should negotiate some sale or the idea of a sale. Lambert said there is no reason for us to negotiate with Midwest Asphalt unless we buy the property. He said the first step is to acquire the property, and the Council can decide now or later whether you want to talk to Midwest Asphalt about this. In the interim if they come back with an offer you can’t rehse, we will bring that back We cannot accept an offer until cITYcouNcIL&~s February 19,2002 Page 11 after we acquire the property anyway. D. E. Butcher thought it makes absolute sense to acquire the property. If we are doing negotiating, we might want guidelines because she was not sure we are all on the same page. The guidelines would detennine what conditions must exist if we are going to sell to someone else. If we have this conversation again, we need to figure out what the guidelines are. MOTION: Luse moved, seconded by Case, to authorize City staff to negotiate with Midwest Asphalt the terms of the sale of the 4.4-acre industrial site, referred to as Parcel B in the appraisal, for the purpose of holding that parcel for redevelopment. Rosow said if we go that direction we should probably take Midwest Asphalt out of the motion because it should be an open sale. Case was concerned that we are jumping way ahead. He was not sure this redevelopment piece would happen for another decade. He didn’t know if we will have to hold it for ten years, but he felt an urgency in the motion to get rid of it. He didn’t think the motion is necessary tonight. He knew we have to buy the property and have discussion with Midwest Asphalt, but he thought we should get back together and set some guidelines for the deal we might expect. Mosman noted in January we said go ahead and purchase the property, and we thought it was a good price. What worried’her is that Midwest Asphalt is named in the motion. She thought we were discussing having it as a conservation easement to visibly protect the park across the street. She would like to feel that we weren’t being rushed, and we don’t have to sell it in a year or so. Jullie said the whole idea was to put the item on the agenda to explore. He said it would be a way for us to avoid laying out a sum of cash for the property. While it would not hurt to talk to them, we need to proceed with the purchase of the property. He thought we could certainly get word to Midwest Asphalt the goals we want to accomplish in the sale of the property, and if something comes of that process staff will bring it back to the Council. Luse said the City should control the property and we ought to look at all redevelopment of this property. Luse withdrew the motion with the consent of Case. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR REPORT OF PUBLIC WORKS SERVICES DTRECTOR cITYcomclLR~ February 19,2002 Page 12 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY . XTV. OTHER BUSIMESS A. CLOSED SESSION ON POTENTIAL LITIGATION XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting to a closed session at 8:05 p.m. for the purpose of discussing potential litigation. CITY COUNClLAGEMlA SECTION: Consent Agenda SERVICE AREADIVISION: ITEM DESCRIPTION: Community Development Donald R. Uram Parkside Place Danette M. Moore DATE: 03/07/02 ITEM NO.: Requested Action Move to: Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to Single Family Residential (Rl-22) on 1.3 acres. Synopsis This project is a preliminary plat of 2.2 acres into three single-family lots located at 18390 Dell Drive. Background Information: No Developer's Agreement is necessary. The Council is requested to take action on the second reading ordinance. The project will be subject to the following, prior to release of final plat: 0 e Payment of area trunk assessment fees Payment of Crestwood Terrace neighborhood project assessment fees Granting right-of-entry for temporary construction easement Attachments 1. Ordinance for Zoning District Change PARKSIDE PLACE CITry OF EDEN PRAIRIE HEN” COUNTY, MINNESOTA ORDINANCE NO. -2002 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 TH@ 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 fiom the Rural District and be placed in the R1-22, Single Family Residential Zoning District. Section3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-22 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph By shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. - -- Section5. This Ordinance shall become effective fiom and after its passage and publication. FMT READ at a regular meeting of the City, Council of the City of Eden Prairie on the 2nd day of February, 2002, and finally read and ado$ed and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of March, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PARKSIDE PLACE Exhibit A - Legal Description: Zoning: District Change from Rural to IU-22 on 1.3 acres Outlot A, CRESTWOOD 89, Hennepin County, Minnesota. . 3 PARKSIDE PLACE CITY OFEDEN PRAIRIE HENNEPIN COUNTY, MIMYESOTA SUMMARY OF ' ORDINANCE NO. -2002 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: 9 8 Summarv: This ordinance allows rezoning of land located at 18390 Dell Drive, itom Rural to R1-22 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 Nancy Tyra-Lukens, Mayor (A full copy of the text of this Ordinance is available fiom City Clerk.) I CITYCOUNCILAGENDA SECTION Consent CaIendar SERVICE AREA/DIVISION: Public Works Engineering Services Randy Slick/ Eugene A. Dietz ITEM DESCRIPTION. Final Plat Approval of Pioneer Point Townhomes lSt Addition DATE: March 7,2002 Requested Action Move to: Adopt the resolution approving the final plat of Pioneer Point Townhomes lSt Addition. synopsis This proposal, located at the southeast comer of Franlo Road’ and Pioneer Trail. The plat consists of .30 acres to be divided into four townhome lots. This is a I plat of Outlot A, Bluffs East 17* Addition. Background Information The preliminary plat was approved by the City Council August 7,2001 Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on September 4,2001. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary .- plat approval. _- - - Approval of the final plat is subject to the following conditions: 0 0 0 Receipt of additional engineering fee in the amount of $20.00 The requirements as set forth in the Developer’s Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat CI" OF EDEN PRAIRlE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING F"AL PLAT OF PIONEER POINT TOWNHOMES iST ADDITION WHEREAS, the plat of Pioneer Point Townhomes lSt 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 Pioneer Point Townhomes lSt Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 7,2002. B. Variance is herein granted fkom 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 subdivision 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 March 7,2002. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 3 CITYCOUNCILAGENDA SECTION: Consent Calendar SERVICE AREALDMSION Public Works Engineering Services Randy Slick/ Eugene A. Dietz ITEM DESCRIPTION: Final Plat Approval of Pioneer Point Townhomes 2nd Addition DATE: March 7,2002 I ITEM NO.: Requested Action Move to: Adopt the resolution approving the final plat of Pioneer Point Townhomes 2nd Addition. Synopsis This proposal, located at the southeast corner of Franlo Road and Pioneer Trail. The plat consists of .30 acres to be divided into four townhome lots. This is a replat of Outlot B, Bluffs East 17* Addition. Background Information The preliminary plat was approved by the City Council August 7,2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 4,2001. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary . .. - plat approval. Approval of the final plat is subject to the following conditions: Receipt of additional engineering fee in the amount of $20.00 The requirements as set forth in the Developer's Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat CITY OF EDEN PRAIRIE HEN” COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 2nd ADDITION WBEREAS, the plat of Pioneer Point Townhomes 2nd Addition has been submitted in a manner required for planing 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 Pioneer Point Townhomes 2nd Addition is approved upon compliance with the recommendation of the City Engineer’s report on this plat dated March 7,2002. B. Variance is herein granted fiom 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 subdivision 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 March 7,2002. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City.Clerk - 6 d z 0 0 3 CITY COUNCIL AGENDA I I ITEM DESCRIPTION: Final Plat Approval of The Pines at Settlers Ridge SECTION: Consent Calendar DATE: March 7,2002 ITEM NO.: EiR SERVICE AREA/DMSION Public Works Engineering Services Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of The Pines at Settlers Ridge. Synopsis This proposal is located at the southwest corner of Pioneer Trail and Settlement Drive. The plat consists .of 5.17 acres to be divided into 20 lots for the construction of 28 townhome units and one outlot. This is a replat of Outlot G, Settlers Ridge. Background Information The preliminary plat was approved by the City Council September 18,2001. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on November 6,2001. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $1,330.00 Receipt of street lighting fee in the amount of $722.40 Receipt of street sign fee in the amount of $512.30 Satisfaction of bonding requirements for the installation of public improvements Execution of Special Assessment Agreement for trunk utility improvements The requirements as set forth in the Developer’s Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Revision of plat to include the 40-foot drainage and utility easement over the existing 8-inch sanitary sewer. Prior to release of final plat, Developer shall submit a conservation easement for the delineated area. Attachments Drawing of final plat I CITY OF EDEN PRAIRJE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ' A RESOLUTION APPROVING F"AL PLAT OF THE PINES AT SETTLERS RIDGE WHEREAS, the plat of The Pines at Settlers Ridge 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 The Pines at Settlers Ridge is 'approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 7, 2002. 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 March 7,2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk SEAL 3 CITY COUNCIL AGENDA SECTION: Consent Calendar I SERVICE AREAIDMSION: Public Works Service Area Jim Richardson / Eugene Dietz ITEM DESCRIPTION: Resolution Authorizing Easement Acquisition DATE: March 7,2002 Requested Action Move to: Adopt the Resolution authorizing the City Engineer and City Attorney to acquire a trail corridor in fee for Crestwood Park Improvements and temporary construction easements for Crestwood Terrace Utility hprovements. Synopsis The Crestwood Park Improvements include the construction of a trail between the northwest corner of the park and Dell Drive (see attached Exhibit A). Staff recommends the acquisition of a 40-foot wide trail corridor in fee over the southwest corner of Parcel 51. The trail corridor will also be used for a storm sewer serving the park and a sanitary sewer serving the Crestwood Terrace neighborhood. The sanitary sewer will be approximately 30 feet in depth requiring a temporary easement of approximately 70 feet in width. These additional temporary construction easements will be required over Parcels 8 and 5 1. Background Information Council approved the plans for Crestwood Park in October 2001. The Feasibility Study for the Crestwood Terrace Area utilities was received by Council February 5,2002. A public hearing is scheduled for March 7,2002. Both projects are scheduled for construction in 2002. Right-of-way acquisition could take four months or more depending on the availability of appraisers and potential court dates if negotiations are unsuccessful. Attachments Exhibit A CITY OF EDEN PRAIRIE mNlXEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR CRESTWOOD PARK AND DELL ROAD WHEREAS, the Eden Prairie City Council previously approved a trail between Crestwood Park and Dell Drive, and WHEREAS, additional temporary constmction easements will be required for utilities to be constructed through the trail corridor. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary trail corridor in fee and temporary construction easements, by negotiation or condenmation, on the following property: Parcel 30-1 16-22-13-0008, AND 30-1 16-22-13-0017. ADOPTED by the Eden Prairie City Council on May 7,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk B PARK EXHIBIT A 3 CITYCOUNCILAGENDA I SECTION Consent Agenda ITEMDESCRIPTION Authorization of Proposal to Upgrade and Provide Analysis of SERMCE AREALDIVISION. Public Works Service Area Leslie Stovring the City’s Wellfield Through Eugene Dietz DATE: March 7,2002 No,: SIC- Requested Action Move to: Authorize an agreement with Summit Envirosolutions for Upgrades to the City’s Wellfield Software and Hardware and for Evaluation of Pumping Interference for a total cost of $43,240. Synopsis Two proposals were submitted by Summit Envirosolutions (Summit) for approval. They include: 0 The work is a continuation of Summit’s development of the ReaWlowO system to maximize planning and usage of the City’s well field. Phase 1 is to develop and follow through with a pumping schedule to determine interference between wells in ow-wellfield. Phase 2 is for upgrades to the system’s hardware and software to allow optimal use of the system. The proposal for the final phase, Phase 3, will be submitted after completion of Phases 1 and 2, and is intended to provide more user-fiiendly tools and well field efficiency methodologies. Background Information Summit’s RealFlow system was installed in 1999 in order to allow monitoring of the City’s groundwater well system. At that time the intent was to integrate the information gathered by the RealFlow system with the wellfield operations to optimize efficiency and cost-effectiveness of the system. However, the . cost optimization and wellfield interference testing components were dropped fiom the proposal when the grant funding fiom the American Water Works Association (AWWA) was not received. Currently the basic system and data gathering capabilities are present and operable. The intent of the Phase I and Phase II proposals are to bring the operating system’s hardware and software up to current levels of technology to make the system more user-fiiendly and to allow more extensive data gathering and modeling. This would include maximization of wellfield efficiency from a cost standpoint while minimizing well interference. The wellfield interference evaluation will be completed and the information will be used as part of the preparation of the City’s Wellhead Protection Plan (WHPP) as well. The total cost for Phase 1 and 2 is a not-to-exceed amount of $3 1,940. The City’s share of the proposal is to purchase the hardware and software for the upgrades. This includes replacing &o computer nodes with modern, high power computers and the addition of one new computer node. Software for modeling (Arcview, 3D Analyst and Spatial Analyst) will be upgraded and added as needed. The total cost of this portion is approximately $1 1,300. Attachments Proposal for Phase I: Evaluation of Pumping Interference Proposal for Phase II: Hardware and Software Upgrades Phase 1 - Evaluation of Pumping Interference ($18,200) Phase 2 - Hardware and Software Upgrades ($13,740, Summit and $1 1,300, City) /%. fi ,Mh Summit AkEnvirosolutions February 21,2002 Ms. Leslie Stovring Environmental Coordinator . City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 . Subject: Proposal for Phase I: Evaluation of Pumping Interference City of Eden Prairie Well Field I Dear Ms. Stovring: Summit Envirosolutions, Inc (Summit) is pleased to submit this proposal for completion of a detailed evaluation of pumping interference for the City of Eden Prairie well field. The proposed scope of work includes scoping meetings, test development, pre-implementation meetings, data acquisition, data evaluation, and reporting. The’estimated cost for the proposed scope of work is $18,200. This proposal is being submitted in responsento the written recommendations in our report dated January 17,2002, and our meetings of January 9 and February 20,2002. This proposd contains background information, a proposed work scope, and estimated costs. It addresses the first of three phases designed for improving operational efficiency at the Eden Prairie Water Treatment . Facility. Plans for computer hardware and software upgrades, considered Phase a, will be detailed in a subsequent proposal. Additional well field efficiency methodologies, systems, tools and user-interface screens will be detailed in a third proposal, considered Phase m. The majority of the work being proposed in Phases I and III was included in OUT original Realflow proposal in. 1997. The City. approved the work. at that time. However, after that approval the anticipated third party grant funding for the project was denied, leaving the available funds short of the proposed budget. The project moved forward, but several tasks were cut back or removed from the scope to reflect the reduced funds available to the project. The tasks that were deleted included data evaluation activities (incorporated into Phase I) and well efficiency evaluations (incorporated into Phase m). : .. BACKGROUND INFORMATION Since 1999, the city has been using Summit’s ReaIflow .system to monitor, performance of individual wells within the City’s well field. In January 2002, Summit submitted a report entitled “Data Management and Analysis of Well Field Operations’’ for the Eden Prairie well field. Among other things, the report contained preliminary findings regarding well interference and 1 2- 1217 Bandana Boulevard North St Paul, MN 55108 Phone (651) 6468080 -. Fax (651) 647-0888 www.surnmite.com t Ms. Leslie Stoming - 2nu3-002 ProposaI €or Phase L- Evduation of PumpingaInterfaence Page 2 well effikiencies based upon an evaluation of data acquired from the RealfIow system over the three-year period of operation. The Realflow system documented mutual interference occurring between several pumping wells and groups of wells. Significant drawdown was routinely created in one or more wells, decreasing the efficiency (increasing the cost) of pumping water from these wells to the surface. In addition, Realflow documented several gradient reversals created by the pumping schemes. These reversals, when understood and managed effectively, will greatly enhance the City's ability to conduct contingency planning under scenasios designed to minimize impacts on nearby well fields, and kitigate migration of potential future contamination toward the City's wells. During the summer of 2000, all of the Eden Prairie well operators were given Realflow training. However, at our recent meeting on January 9th, it was noted that the treatment plant operators still based their decisions regTding pumping configurations upon other factors aside from the Realflow well data. These factors; in general,. center on convenience and water treatment ' concems, and do not include cost (on a per-thousand-gallons basis), maximization of wellfield , efficiency, and minimization of well interference. While. the Realflow system is providing the raw data for these factors to be evaluated, the current system of well field operation does not allow for these factors to be utilized readily by the operators. Part of this is due to delays in equipping the entire well field with variable-frequency drives cvn>). Without more detailed power utilization information, and the ability to manage power consumption more effectively, , .there simply is not a mechanism to provide real-time, pumping-efficiency feedback to the system operators. Also, there does not appear to be a uniforin method for determining the optimum pumping configuration, under varying recharge conditions, such that wellfield interference is minimized. / ' Based upon our discussions on January gth, it is apparent that both the City and Summit desire to bring additional value to the wel1,field operations by increasing the utilization of Realflow. The'. . final phase of the installation ,of VFD's in all wells will be completed this spring. In order to provide the feedback to the opefations staff necessary to maximize well field efficiency, it was . agreed that Summit .could provide assistance to the City in three main areas: - . 1. Utilizing the existing Realflow system to expand on the knowledge already obtained, and ' .% , conducting a detailed evaluation of the pumping interference documented to be occurring; 2. Upgrading the existing Realflow system, primarily through computer hardware and software upgrades, to provide more direct interface between the well field operations staff and -Realflow; and, 3. Final development of a system of user-interface screens that would aid the operations staff in ' . .I ,- setting pumping schemes. , These three areas form the basis for the three-phased approach proposed by Summit. This proposal outlines the first phase. * 3 hfs. Leslie Stovdng - ~~dl/2002 Proposd for Phase E Evaluation of Puutpiig Interference Page 3 c SCOPE OF SERVICES The goal of this evaluation is to utilize existing well field monitoring equipment, combined with a well-planned method of operating the wellfield and acquiring data, such that sufficient data are obtained to prepare a well interference matrix. This matrix can'then be used, either alone or in concert with other inputs, to guide operators in their decisions regarding pumping configurations. The matrix will also fob the basis for future contingency planning completed for the well field. The proposed scope of work entails the following activities:' 0 Development of testing protocols and a pumping scheme for March 2002 well field operations; 0 Testing and data acquisition using existing monitoring equipment; 0 Preparation of a report with recommendations for wellfield operation., - *. *. 0 Ahalysis of the resultant data for wellfield interference; and, .. A detailed outline for each of these tasks is provided below. . Task 1: Development of a Testing ProtocoWumping Scheme \ Summit will work in conjunction with the City of Eden Prairie Utilities Division to develop a series of standard testing protocols. .These protocols will outline the steps to be taken during the testing period to facilitate acquisition of high-quality data suitable for interpretation. Protocols will be developed for data acq~sition, data 'storage, and data transfer. Contingency procedures , will also be prepared in,the event the initial pumping scheme is not 'adequate to meet demand. These protocols will extend beyond the current testing period such that they are available for . . 6 implementation whenever additional. testing might be desired. ' \ An initial meeting will be held early in February with Division personnel to ascertain the current . pumping protocols, evaluate the expected water'needs in terms of supply-demand and other considerations, and to outline preliminary pumping protocols. A &,\aft testing protocol and preliminary pumping schedule will be prepared and submitted for review and comment by February 18*. The protocols and schedule will then be'modified as necessary and communicated to the operations staff prior on February 20th. Final changes to the protocols and schedule, based on the meeting with the operations staff, will then be implemented prior to the testing period. I I Task 2: . ' Testing and Data Acquisition Summit recommends that the testing period be set for a minimum of 5 weeks, beginning in .March 2002. During this period, the City should adhere to the designed pumping schedule and data acquisition protocols to the extent practicable. This will ensure that the highest quality data are obtained for subsequent analysis, and will minimize any negative impacts (i.e. noise) associated with operation of additional pumping wells. Summit will perform weekly downloads 4 h?is. klie Stovring - 2/21/3W2 Proposal for Phase L- Evaluation of wig Interference Page 4 of data and preliminary interpretations as the testing proceeds.' We will recommend modifications to the schedule andor protocols based upon a preliminary interpretation of results. . - Team Member Kevin Miller John Dustman Bob Dryden Mark Packard Task 3: Analysis of Resultant Data for Well Field Interference Title Senior Project Manager/ Principal Hydrogeologist Senior Hydrogeologist . Systems Analyst GIs Coordinator/ Hydrogeologist Upon completion of the testing, Summit will evaluate the data for the following observations (based on pumping configuration): . interference between wells, or well groups; .I reversals of groundwater flow; other pumping trends as seen in the data. , changes in groundwater gradients;'kd, .. . . Summit will prepare graphical displays or any weus exhibiting of causing intcirfirence. In . addition, we will develop a pumping matrix that clearly outlines the interference between wells, ' *. or well groups, observed in the data. . . ' , ._ ., .* (, ,. . Task 4: Su&t will prepare a written report based upon the data evaluation, including recommendations for. proposed well field operation designed to minimize well interference. The results will be presented in tabular and graphical form, and will include' a well interference matrix. 'Concurrent with this report, we will prepare a data summary and status report 8. for the first quarter of 2002, to ' , Preparation of a Well Field 0peration.Report . ' , ' , \ serve as a template for future status reports.movi.ng forward. ' , I.. , 'I .. .. .. 'I .. COST ESTIMATE/ TEAM MEMBER IDENTIFICATION The following Summit employee's and parkers will serve as the project team for the tasks. outlined in this proposal. .. .. .. 1. .. .I 5 hls. Leslie Stovring - 2p21/2002 Proposal for Phase L- Evaluaton of plrmpis Interference Page 5 A breakdown of the costs is presented in the table below. Summit proposes to perfo& all activities discussed in this proposal and the above Table on a time and materials, not-to-exceed basis in accordance with our fee schedule, and the City of Eden Prairie General Conditions, both of which %e attached and considered to be @art of this’ proposal. Once written authorization to proceed has been received, the tasks presented in this proposal can be attended to immediately. We ,will not exceed the authorized amount without prior approval, received in writing, from the City. WeIlook forward to working with you. If you have questions regarding the contents of this proposal or the project in general, please contact our office. - - -- ,’ . Sincerely, . Sumniit Envirosolutions, Inc. . .. *# Kev’ J. Mil er, CPG SemVr Project Manager ACCEPTANCE: . City Manager: Signature: Date: . .. .. -” Mayor: Signature: Date: CITY OF EDEN PRAIRTE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response (Project Information). 1.2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to City, its subcontractors or consultants. 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by Consultant. 1.4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information furnished by City, or other subcontractors or consultants engaged by City. ’ SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. ._ - 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for City for City’s responsibilities under this section including signing certain forms on City’s behalf such as Right-of-way forms. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course of the work some damage may occur. The correction of any damage is the responsibility of City or, at City’s direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the above, Consultant agrees to be responsible for damage caused by Consultant’s negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identifying all subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or-injury to subterranean structures and utilities identified and located by City and/or representatives of Utility Companies. SECTION 3: SAMPLES Not Applicable SECTION 4: FEE PAYMENT / CLAIMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents as attached. 4.2 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.” -4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten (10) days from the invoice date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 4.4 Payment is due upon receipt of invoice (or corrected invoice) and is past due sixty (60) days from invoice date. On past due accounts, City will pay a finance charge of 1.5% per month on the unpaid balance, or the maximum allowed by law, whichever is less, until invoice is fully paid. 4.5 If City fails to pay Consultant within sixty (60) days following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 4.6 City will be solely responsible for applying fa and obtaining any applicable compensation fund reimbursements from various Ciiy of Eden Prairie General Conditions Consultm Agreement Febncnry 2001 Page I of4 state and federal programs: Consultant may assist City in applying for or meeting notification requirements, however. Consultant makes no representations or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from reimbursement programs made for any reason by state or federal agencies, except as may be caused by Consultant's negligence. 4.7 City may withhold from any final payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. SECTION 5: OWNERSHIP OF DOCUMENTS a 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City's agents or representatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless otherwise agreed, Consultant will retain all pertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to City during Consultant's normal business hours. City may obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may.. make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts of a report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. 5.5 Consultant will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, except as and to the extent Consultant may, in its sole discretion, deem itself required by law to disclose. SECTION 6: DISPUTES / LIMITATIONS OF REMEDIES 6.1 In the event of a breach of Contract by City, the Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 62 City will pay aIl reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any deIinquent amount City owes under this agreement. 6.3 If City institutes a suit against Consultant, which is dismissed, dropped, or for which judgement is rendered for Consultant, City will pay Consultant for all costs of defense, including attorney fees, expert witness fees and court costs. 6.4 If Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution 6.5.1 Mediation All claims, disputes and other matters in question (hereinafter "claim") between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be subject to mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (.lo) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may agree to extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting the same, a claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment of less than $25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out of or relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings (unless the hearing on the claim has commenced) and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator@). Judgement upon the award rendered City of Eden Prairie General Conditions Consulmr Agreement February 2001 Page 2 of 4 8 by the arbitrator(s) may be entered in any court having jurisdiction thered COMI’ENSATION In the event that arbitration services are not available from AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court. 6.5.3 Comuliance The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A party’s failure to comply in all respects with this procedure shall be a substantial breach of this Agreement. The arbitrator@) shall be authorized to assess costs and attorney’s fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to mediate in accordance with Section 6.5.1 hereof. 9.1 ConsuItant 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 City prior to execution of this agreement is current and in force and effect. 9.2 Consultant shall procure and maintain professional liability insurance for protection from claims arising out of professional services caused by any negligent act, error or omission for which Consultant is legally liable. 9.3 Certificate of insurance will be provided to City upon request. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 7.1 Consultant’s opinions, conclusions, recommendations, and report, if any, will be prepared in accordance with the City’s Request for Proposal and Consultant’s proposal and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and software will perform as represented in their proposal and other parts of this agreement. 7.2 Although data obtained from discrete sarhple locations will be used to infer conditions betwe.en sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly, and because conditions at the time of sample collection may also vary- significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant’s control. 7.3 Consultant will not be responsible or liable for the interpretation of its data or report by others. SECTION 8: GENERAL INDEMNIFICATION 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by Consultant’s negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold Consultant harmless from and against demands, damages, and expenses caused by City’s negligent acts and omissions, and breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. SECTION 9: INSURANCE / WORKER’S 10.1 The agreement between Consultant and City may be terminated by either party upon thirty- (30) days written notice. 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. SECTION 11: ASSIGNMENT 11.1 Neither party may assign duties, rights or interests in the performance of the work without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: EXTRA WORK 13.1 Extra work, additional compensation for same, and extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any extra work or related expenditures. SECTION 14: WITHHOLDING TAXES 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the City of Eden Prairie General Contiitions ConncItant Agreement February 2WI Psge 3 of 4 4 provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy his requirement. SECTION 15: AUDITS 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.1 This Agreement contains the entire understanding between the City and ConsuItant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 18.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and Consultant. 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10) days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%) 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 Consultant shall pay the actual amount due to the Subcontractor. ' SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant 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 Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will 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. - SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT City ofEaen Pmirie Geneml Conditions Febnuuy 2OOI Page 4 014 ConnrltantAgrrement _. , .. ' .. suRalj[IT ENvIRosoLuTIoNs, INC. 2001 CONSULkiNG FEE SCHEDULE EMPLOYEE CLASSIFICATION HOURLY RATE* PRINCIPAL $120.00 SENIORPROJECT MANAGER $1 10.00 SENIOR SCIENTISTENGINEER $100.00 PROJECT MANAGER *$ 90.00 SClENTIST/ENGINEER . $ 80.00 SENIOR FIELD SCIENTISTENGINEER $ 70-00 FIELD SCIENTISTENGINEER $ 60.00 ' $ 50.00 . !$ 40.00 TECHNICIANII TECHNICIAN1 CLERICAL ' $ 30.00 LEGfiEXPERT TESTIMONY 2.0 x Rate Weekend, holiday, >12 hour day, and emergency response work may be at rates higher than fee schedule. Contact project manager for applicable rates. I -I -. SUBCONTRACTOR FEES AND OTHER EXPENSES FEE SUBCONTRACTOR INVOICES PROCESSED BY SUMMIT COST+ 15% EMPLOYEE REIMBURSABLE EXPENSES COST+15% - * - COST+l5% COST+ 15% SHIPPING & COURIER EXPENSES OTHER DIRECT EXPENSES ** PROJECT-SPECIFIC EQUIPMENT & SUPPLIES VARIES * Represents minimum rates for each classification. ** Includes expenses not specifically itemized, such as long distance telephone charges, postage, reproduction costs and mobile telephone charges. I .. .. -. .. .. * ., '. .. .. 2001 Fee Schedule subject to change-without notice. Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days outstanding. JI Note: Eqnipment not listed on this fee schedde may be procured and billed in accordance w'rth project specific requirements. SUMMIT ENVIROSOLUTIONS, INC. 2001 OTHERSERVICES FEE SCEIEDTILE .- GEOPROBE SYSTEM FEE - GEOPROBE RJZNTk (4 hr minimum) $125.00/hr SOIL VAPOR & HEADSPACE ANALYSIS NO CHARGE PURGE-AND-TRAP SAMPLE ANALYSIS $50.00/sample .. . DOWN HOLE VIDEOLOGGING VIDEO'AND GEOPHYSICAL LOGGING (including operator, 2 hr minimum) VIDEO LOGGING TRAVELMOBILIZATION (including operator) $250.00/hr $130.00/hr . TAPE REPRODUCTION $45 .OO/ea - MILEAGE I' . $0.65/mi .. .. c 2001 Fee Schedule subject to change without n'otice. Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days outstanding. Olfeesckdoc C101-9SOl P- SUMMIT ENvIRosoLmoNs, INC. 2001 EQUIPMENT FEE SCEIEDUL;E EQUIPMnVTSCHEDULE PHOTOIONIZATION DETECTOR (PID) . CGIIOXYGEN METER EXPLOSIMETER LEVEL C FIELD WORK (per person) LEVEL D FIELD WORK (per person) FIELD SUPPLIES ARCHAEOLOGY EXCAVATION EQUIPMENT MICROSCOPE CAMERA VIDEO CAMERA GENERATOR TEMPERATURE, CONDUCTIVITY, pH METER PRODUCTIWATER INTERFACE PROBE .BAILER USAGE DATALOGGER PRESSURE TRANSDUCER WATER LEVEL INDICATOR I CO~ERPOINT PROJECTION DEVICE ~. , WATER FIL~TION EQT~PMENT SLUG TEST EQUIPMENT 8 \I DISSOLVED OXYGENLRON TEST BRASS LOCKSLOCKING DEVICE, T-CAP WLL SEAL PERISTALTIC PUMP BKHANDPUMP- 1.75? SUBMERSIBLE PUMP HAND AUGERISOIL PROBE SPIL JARS SEDIMENT SAMPLING DEDGE SS BOMB SAMPLER PORTABLE COMPUTER SURVEY EQUIPMENT . VEHICLE MILEAGE (personal vehicle) COMPANY TRUCK MILEAGE "OFF-RO&YVEHlCLE SURCHARGE -I - -_, - METALDETECTOR . - COMPANY TRUCK REHTAL (% day.minimum) .I a, .. .. . FEE $90.00lday 3 0.00lday . 15.00lday 150.00lday 25.001day 25.00lday 10.00lday 20.00Iday .20.00lday 40.00Iday 10O.OOlday 75.00lday 25.00Iday 35.00lday 15.00ea. 100.00lday 35 .QO/day 20.00lday - 15.00 ea: 1.0.00lday 16.50 ea. 10.00 ea. 10.00 ea.. .30.00lday 2~:001day ' 100 .OQ/day 15.0~1aay 1.00 ea. SOIL VAPOR EXTRACTION BLOWER ANEMOMETER ' SOIL VAPOR WELLHEAD CONFIGURATION SPARGING WELLHEAD CONFIGURATION 10.00lday PESTICIDE.ASSAY EQUIPMENT 150.00iday NITRATE PROBE 100.00lday AMMONIA PROBE 100.00lday 2001 Fee Schedule subject to change without notice. Invoicing to client on a monthly basis. Terms: Due upon receipt Finance charge of 1.5% per month on accounts past 30 days outstanding. , OIftcs&.dOC C101-9SO1 13 . . Summit Ac E nvi rosol utions ’ February 21,2002 Ms. ‘Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 . Subject: . Proposal for Phase II: Hardware and Software Upgrades City of Eden Prairie Water Treatment Plant .. Dear Ms. Stovring: Summit Envirosolutions, Inc (Summit) is pleased to submit this proposal for hardware and software upgrades to several computers that operate the Supervisory Control and .Data Acquisition (SCADA) and RealFlow @ operations at the Eden Prairie Water Treatment Facility. These upgrades are necessary to provide increased data handling, management and storage capabilities, and to enable operations staff to make better operational decisions based on evaluation of the data. The estimated cost for the proposed scope of work is $13,740. This estimate does nothclude costs for hardware and software that are to be purchased directly by the City. These hardware and software purchases must be completed prior to Summit being able to ‘finish the proposed scope of work. The estimated software and hardware upgrades required under this proposal, as supplied by Gty staff, are estimated to be $1 1,300. This proposal contains background information, a proposed work scope, and estimated costs. , I BACKGROUND INFORMATION -. The SCADA system in the water treatment plant currently consists of five computers that are networked together, four of which serve’ as a SCADA ‘node’ off of the fdth central SCADA server in the control room on the second floor. .Three of the these computers are in the control room, one of them is in the Utilities Superintendent’s office, id one of them is on the first level of the water treatment plant in the same room as the Alan Bradley@ SLC. All of these computers are Dells@ running Microsoft (MS) @ Window@ NT Operating System. They are currently running Intellution@ m@ 6 SCADA system. The computer that the SCADA server resides also utilizes MS Access@ 2000 to archive the data as it is collected via the SCADA. The ReaElow@ ,portion of the system is installed on the projector computer in the Control Room as well as the computer in the Utilities Su erintendent’s office. ReaElow utilizes Arcview@ GIs. software utilizing the Spatial Analyst’ and 3D Analyst@ extensions for two and-three- 1217 Bandana Boulevard North St Paul, MN 55108 Phone Fax (651) 647-0888 wmw.summite.com bk LesIie Stowing -2/2V2 Proposal forPhaseII:€€ardwareandSoftwareUpgade-s Page 2 dimensional rendering of groundwater elevation contours. The contours are derived from the data that is archived in the Access database as populated via the SCADA. In June of 2000, SumTllit installed software upgrades to the projector computer in the control room and the computer in the Superintendent’s office. ArcView was upgraded to version 3.2a, and 3D Analyst was installed to provide the ability to view the. well field and groundwater. elevation in three dimensions. Summit also located the well positions via GPS and updated the representational positions in the GIs. The operators were also trained to use ArcView and the RealFlow system at this time. . In June of 2001, Summit modified the.SCADA to incorporate Well 14. Corrections were also‘ made in the SCADA to correct errors that were identified in the setup of Well 13. SCOPE OF SERVICES The computers on which the RealFlow system is installed were designed to run an older generation of software and therefore do not currently run Remow software at an acceptable speed. This makes operating the RealFlow system difficult and cumbersome. The hardware should be upgraded,to efficiently run the RealFlow system. Because the two machines that run RealFlow also serve as SCADA nodes, two-fifths of the SCWA network will also be upgraded . in the process. It would also be timely during these hardware upgrades to access th’: health and configuration of the current system configurations and to make upgrades that directly affect the SCADA and RealFlow Systems. The following is a detail of the upgrades that Summit recommends. While some upgrades are dependent on others, some are not. Task 1: . ‘ ,I -. SCADA System Health ‘Check-Up’i . Su&t recommends that the integrity of the data collection process, calculations performed within ‘the SCADA and groundwater sensors (bubblers) be assessed prior to performing pump tests (proposed under Phase I) or further data analysis. Several anomalies were identified while the SCADA was modified to incorporate Well 14. At least two of the groundwater elevation readings appear to be suspect as well as the methodology . of calculating Specific Capacity, Vibration and Power Usage for-a few of the wells. This task may include calibrating the bubbler sensors, changing SCADA calculations, or adjusting communication protocols. We recommend this task to ensure that the highest quality data is utilized during subsequent cost saving analysis. Any changes made to the system will be documented and passed on to the upgraded system without repeating efforts. It is recommended that Task 1 be completed prior to the implementation of the evaluation of pumping interference (Phase I proposal) so that it is possible to run pump scenario tests and collect the results before the system upgrade is pegomzed. This will allow team members to - MS. Leslie Stoxing - 7J21/2002 PropasaI fcnPhase E Hiadware and Sohare Upgrades Page 3 7 work fowarh analyzing well hta to minimize operational coss without being delayed by the time required to upgrade the system. Task 2: Computer Upgrades Summit recommends that two computers be replaced and one be added to provide larger storage space, faster processing speeds, a modem operating system and associated software to handle the increased usage And data storage capabilities outlined in this proposal. The projector computer in the control room and Ed Sorensen’s computer should be replaced and an additional one be added to Greg Bongaart’s office tcvrun GEMS (Note: the new computer in Greg’s ofice could also potentially be utilized as an additiqnal node on the SCADA system). This will enable the users to utilize the software-associated with the RealFlow system much ’more efficiently to facilitate an increase in the system’s .. use. Essentially, each of these computers should be what Dell defines as a “power user” package. Specific minimum operating requirements for these computers are as follows: .. ’ . Memory: 256 MB RAM a Monitors: 17 to 19 inch Color Monitor Video Solution: ’ 64 MB Graphics Card Hard Drive: . 80 to 120 GB EIDE Hard Drive (7200 RPM) . FloppyDrive: . 1.44MB l?loppy Drive Operating System: Windows@ 2000 Professional Version Removable Media: 24x10~40 CD-RW Drive (CD Burner) , I The requirements outlined above &e for minimum guidelines only. We would be .happy to review the final specifications for the actual configurations prior to purchase by the City. In particular, we should review the operating system for compatibility with existing SCADA . softwqe and other applications. Task 3: ‘ Installation of Geographic Environmental Management System (GEMSO) GEMS is a tool that Summit developed to quickly query, analyze, graph, and archive environmental quality data. GEMS i’s built on MS Access database and contains a powerful user interface that allows one to manipulate data to derive new infomation that would not otherwise be apparent or readily available. GEMS is a natural extension of the Remow/ SCADA system at the Eden Prairie Water Treatment Facility as it would be plugged into the Access database currently being populated with data via the SCADA. . 6’ .. I e. . .GEMS will function as a: . I 1) Warehouse to archjve all data that is captured from the SCADA system; 2) Querying tool so that the user can very easily isolate data from specific periods of time, from specific wells or groups of wells or combinations of these; . Ms. Leslie Stoning - 2/21/2002 Proposal for Phase E Hardware and Software Upgrades Page 4 . 3) Graphing tool to trend parameters (e-g., groundwater elevation, pump status, flow, vibration, and power usage) over time against one another and over specific time periods; 4) Decision making platform from which the user will draw information about the performance of the water treatment plant to base educated decisions on; and 5) Report preparation tool from which graphics and tables can be generated to effectively communicate complexainformation to others in the -facility, city departments, and the community . To ensure the success-of utilizing the GEMS tool in daily decision making exercises, Summit recommends that at least one Eden Prairie employee (eg., Greg Bongaart) be selected to be thoroughly trained to run and host the software platform on behalf of the facility. Training costs are not included in this proposal. GEMS will be installed on all three of the new computers outlined in this proposal;. ArcView, the 3D Analyst Extension, the Spatial Analyst Extension, and the GEMS extension for ArcView must also be installed on the GEMS computer as GEMS was designed to plug into ArcView for viewing and generating groundwater elevation maps. Arcview could also be used by the user to generate maps of the facility grounds to communicate project .details to operators. The proposal includes new software packages for these on one new computer and two upgrades to Arcview. for the replacement computers. .Task 4: .I .Construct Plan for SCADA Software Update .. The SCADA system'is currently running 'Fuz Version 6. Version 7 has since' been released as well as the subsequent version SIX@. Summit understands that Eden Prairie has recently received a software upgrade for FIX. While upgrading the SCADA system every time a new version is released may not be necessary, Summit recommends an analysis of the costs and potential problems .involved in upgrading. .' Overall, upgrading a software platform ensures that . the system stays contemporary relative to similar systems. The more versions that are released without upgrading the system, the more difficult it will be to upgrade it down the road. The SCADA software upgrade would have to be completed on four SCADA nodes as well as one server. computers, a hardware update would ensure that the system continues to run smoothly and Becauseie SCADA is a &e7 system that is relied on for plant operation, it is important to have a detailed software upgrade plan to ensure that the system nevex goes down during the upgrade: Summit.recommends that we work closely with Dave Tillges of Honeywell as well as System Control Services representatives to construct a plan to update the SCADA system in an efficient manner. Note that the actual upgrade itself is not included in this cost estimate. Should we determine that we could fit the actual upgrade itself into the budget specified, we will certainly do that. However, we have only specified time to help plan for the upgrade and coordinate with other consultants towards that end: . While the SCADA software update could be performed without upgrading the . - ' efficiently. .. I. hk Leslie Stovring - 7A1/2002 Proposal for Phase E Hardware and Software Upgpdes . Page5 Team Member . Kevin Miller Bob Dryden Mark Packard Paul Donoyan COST ESTIMATE/TEAMMEMBER IDENTIFXCATION Title Senior Project Manager/ Senior Hydrogeologist Systems Analyst GIs Coordinator/.Hydrogeologist Engineer . The following Summit employee’s and partners will serve as the project team for the tasks outlined in this proposal. .. .. .. Task . I Description 1 Cost Estimate * I I 1 - SCADA ‘Check-Up7 System Integrity Check . $4,320 $0 $Z500, 2 - Computer Upgrades Hardware (To be purchased by City) . Software.Customization Time 3 - GEMS Installation GEMS Software License . . $31200 .” $0 I .. . ArcView 3.3 (Two upgrades and one license to be , *. Summit proposes to perform the activities contained in this proposal on a time and materials, not-to-exceed basis in accordance with our fee schedule, +nd the City of Eden Prairie General Conditions, both of which are attached and considered to be part of this proposal. Once written authorization to proceed has been received, the tasks presented in this proposal can be attended to immediately. We will not exceed the authorized amount without prior approval, received in . writing, from the City. Ms. Leslie Stovrin,o - 2/21/2002 Proposal for Phase IL- Hardware and Software Upgrades Page 6 . I We look forward to working with you. If you have question3 regarding the contents of this proposal or the project in general, please contact our office. Sincerely, ’ Summit Envirosolutions, Inc. Hydrogeologist Senior Project Manager . .I >. I I. ACCEPTANCE: City Manager: Mayor:. I I’ . Signature: . Signature: ... *. . Date: I .. Date:, -, CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written report& soil boring logs and applicable regulatory site response (Project Information). 1.2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to City, its subcontractors or consultants. 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by Consultant. 1.4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information furnished by City, or other subcontractors or consultants engaged by City. SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. . -. - 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for City for City’s responsibilities under this section including signing certain forms on City’s behalf such as Right-of-way forms. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course of the work some damage may occur. The correction of any damage is the responsibility of City or, at City’s direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the above, Consultant agrees to be responsible for damage caused by Consultant’s negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identifying all subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City andor representatives of Utility Companies. SECTION 3: SAMPLES Not Applicable SECTION 4: FEE PAYMENT / CLAIMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents as attached. 4.2 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.” .4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular’ item that is alleged to be incorrect within ten (10) days from the invoice date. Consultant will review the alleged incorrect item within ten (IO) days and either submits a corrected invoice or a statement indicating the original amount is correct. 4.4 Payment is due upon receipt of invoice (or corrected invoice) and is past due sixty (60) days from invoice date. On past due accounts, City will pay a finance charge of 1.5% per month on the unpaid balance, or the maximum allowed by law, whichever is less, until invoice is fully paid. 4.5 If City fails to pay Consultant within sixty (60) days following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 4.6 City will be solely responsible for applying for and obtaining any applicable compensation fund reimbursements fiom various C& of Eden Prairie Generat Conditions consultant Agreement Februnry 2001 Page 1 of 4 state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. Consultant makes no representations or ptrantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions fiom reimbursement programs made for any reason by state or federal agencies, except as may be caused by Consultant’s negligence. 4.7 City may withhold from any final payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. SECTION 5: OWNERSHIP OF DOCUMENTS 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City’s agents or representatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless otherwise agreed, Consultant will retain all pertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to City during Consultant’s normal business hours. City may obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may- make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts of a report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. 5.5 Consultant will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the‘course of performing the work, except as and to the extent Consultant may, in its sole discretion, deem itself required by law to disclose. SECTION& DISPUTES / LIMITATIONS OF REMEDIES 6.1 In the event of a breach of Contract by City, the Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 6.2 City will pay all reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this agreement. 6.3 If City institutes a suit against Consultant, which is dismissed, dropped, or for which judgement is rendered for Consultant, City will pay Consultant for all costs of defense, including attorney fees, expert witness fees and court costs. 6.4 If Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution 6.5.1 Mediation All claims, disputes and other matters in question (hereinafter “claim”) between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be subject to mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (IO) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may agree to . extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting the same, a claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment of less than $25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out of or relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings (unless the hearing on the claim has commenced) and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator(s). Judgement upon the award rendered City of Eden Prairie General Conditions Consuftant Agreement Febnuuy 2001 Page 2 of 4 by the arbitrator@) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court. 6.5.3 ComDliance The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A party’s failure to comply in all respects with this procedure shall be a substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess costs and attorney’s fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to mediate in accordance with Section 6.5.1 hereof. COMPENSATION 9.1 Consultant represents and warrants that it has and will maintain during the performance of this agreement Worker’s Compensation Insurance coverage required pursuant to h%m. 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 City prior to execution of this agreement is current and in force and effect. 9.2 Consultant shall procure and maintain professional liability insurance for protection from claims arising out of professional services caused by any negligent act, error or omission for which Consultant is legally liable. 9.3 Certificate of insurance will be provided to City upon request. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 7.1 Consultant’s opinions, conclusions, recommendations, and report, if any, will be prepared in accordance with the City’s Request for Proposal and Consultant’s proposal and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and software will perform as represented in their proposal and other parts of this agreement. 7.2 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly, and because conditions at the time of sample collection may also vary- significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant’s control. 7.3 Consultant will not be responsible or liable for the interpretation of its data or report by others. SECTION 8: GENERAL INDEMNIFICATION 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by Consultant’s negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold Consultant harmless from and against demands, damages, and expenses caused by City’s negligent acts and omissions, and breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. SECTION 9: INSURANCE /WORKER’S 10.1 The agreement between Consultant and City may be terminated by either party upon thirty- (30) days written notice. 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. SECTION 11: ASSIGNMENT 11.1 Neither party may assign duties, rights or interests in the performance of the work without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. -SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: EXTRA WORK 13.1 Extra work, additional compensation for same, and extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any extra work or related expenditures. SECTION 14: WITHHOLDING TAXES 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the Cily of Eden Prairie General Conditions Consultant Agreenient Febmq 2001 Page 3 of 4 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. SECTION 15: AUDITS 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 18.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 16.1 The Consultant shall pay to any Subcontractor within ten (10) days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1- In%) 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 Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 18.3 This agreement is governed by the laws of the State of Minnesota. 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant shall no?- 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 Consultant, any subc6ntractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will 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. SECTION 19: CONFLICTS - - No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT City ofHm Prairie General Conditionr Consultant Agreement Febntary 2GOI Page 4 of 4 23 EmMmT ENvIRosoL~oNs, INC. ZOO1 CONSULTING FEE SCHEDULE EMPLOYEE CLASSIFICATION . PRINCIPAL SENIOR PROJECT WAGER SENIOR SCIENTISTENGINEER PROJECT MANAGER SCENTISTrnGINEER SENIOR FIELD SCIENTISTENGINEER ' FIELD SCIENTISTENGINEER TECHNICIANII - > HOURLYRATE* $120.00 $1 10.00 $100.00 - - $ 90.00 $ 80.00 $ 70.00 . $ 60.00 $ 50.00 TECHNICIAN1 I $ 40.00 . ~ CLEHCAL $ .30.00 2.0 x Rate Weekend, holiday, >12 hour day; and emergency response work may be at rates higher than fee schedule. Contact project manager for applicable rates. I/ LEGALE~ERT TESTIMONY .<. SUBCONTRACTOR FEES AND OTHER EXPENSES FEE SUBCONTRACTOR INVOICES PROCESSED BY SUMMIT COST + 15% , ' EMPLOYEE REIMBURSABLE EXPENSES COST+15% SHIPPING & COWER EXPENSES COST + 15% PROJECT-SPECIFIC EQUIPMENT & SUPPLIES I VARIES * Represents minimum rates for each classification. . ** Includes expenses not specifically itemized, such as long distance telephone charges, postage,. reproduction costs and mobile telephone charges. OTHER DIRECT EXPENSES ** COST -I- 15% -. -. .. .' -. -. 2001 Fee Schedule subject to change without notice. Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days . I. outstanding. 0 1 feeschdoc CI 01-9SO I Note: Equipment not listed on this fee schedde may be procured and baed in accordance with project spec3ic requirements- s~ENvIRosoLmoNs, INC. 2001 OTHER SERVICES Fl3E SCHEDULE FEE . -- - GEOPROBE SYSTEM $125.00/hr NO CHARGE GEOPROBE RENTAL (4 hr minimurn) SOIL VAPOR & HEADSPACE ANALYSIS PURGE-AND-TRAP SAMPLE ANALYSIS $50.00/sample DOWN HOLE VIDEOLOGGING VIDEO AND GEOPHYSICAL LOGGING (including Operator;2 hr minimum) VIDEO LOGGING TRAVEL/MOBILIZATION (including operator) $130.00/hr - .. . . '-'$250.00/hr $45.00lea ,. < ~ TAPEREPRODUCTI,ON , .. . (._ . $0.65/mi ., . . I_ MILEAGE _' , .. a. .. , '. ,I .. >, I .. .. .I .. 8' , . ':. a. .. 2001 Fee Schedule subject to change without nodce. .Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days outstanding. Olfetschdoc C10 1-9SO I 25 SUMMTI' ENVIROSOLUIIONS, INC. 2001 EQUIPMENT FEE SCHEDULE .EQUIPMENT SCEIEDULE PHOTOIONIZATION DETECTOR @ID) - CGUOXYGEN METER EXPLOSIMETER LEVEL C FIELD WORK (per person) LEVEL D FIELD WORK (per person) FIELD SUPPLIES ARCHAEOLOGY EXCAVATION EQUIPMENT MICROSCOPE CAMEM WE0 CAMERA GENERATOR TEMPEMTURE, CONDUCTIVITY, pH METER' I. .. COVER POINT PROJECTION DEVICE PRODUCT~ATER INTERFACE PROBE - BAILERUSAGE WATER LEVEL ~ICATOR DATALOGGER PRESSURE TRANSDUCER WATER FILTRATI,ON EQUIPMENT . SLUG TEST EQUIPMENT BRASS LOCKSILOCKING DEVICE T-CAP WLL SEAL DISSOLVED OXYGENIIRON TEST PERISTALTIC PUMP BKHANDPUMP 1.75" SUBMERSIBLE PUMP HAND AUGERISOIL PROBE SOIL JARS SS BOMB SAMPLER METAL, DETECTOR PORTABLE COMPUTER SURVEY EQUIPMENT VEHICLE MILEAGE (personal vehicle) COMPANY TRUCK MILEAGE COMPANY TRUCK RENTAL (% day minimum) "OFF-RO~~D". VEHlCLE SURCHARGE SOIL VAPOREXTRACTION BLOWER SOIL VAPOR WELLHEAD CONFIGURATION ANEMOMETER SPAJXG€NG WELLHEAD CONFIGURATION PESTICIDE ASSAY EQUIPMENT NITRATE PROBE AMMONIA PROBE - .- SEDIMENT SAMPLING DREDGE . . ., . ,- .- .. ' FEE $9O.OO/day 3 0.0 Old ay 1 5 ,001day 15O.OOlday 25.0 Old ay 25.OO!day 1 0.0 Olday 2O.OOlday 2O.OOlday 4O.OOlday . 1OO.OOlday . 75.OOlday . 25.OOlday. .35.00/day 100.00lday . 35,OOlday ,20.00/day 15.00 ea. 1 0. OOIday 16.50 ea. 10.00 ea. . , ' 10.00 ea. 3O.OOlday 25.OOlday . 15 .OO/day 1.00 ea. 1 3O.OOlday 30.00lday 45.00lday 4O.OOlday . . 5 0 .OO/da y .5 Olmi. .65/mi. 5O.OOlday 55.00lday * 1 0O.OOlday . 5O.OOlday . 1 5 .OO/day 1O.OOlday , 1 5 0: 0 Olday 1OO.OOlday 1OO.OOldav 15.00ea. . , 100.001~ay . a 2001 Fee Schedule subject to chge without notice. Invoicing to client on a monthly basis. Terms: Due upon receipt. Finance charge of 1.5% per month on accounts past 30 days outstanding. Olfetschdac CIOI-9801 CITYCOUNCILAGENDA SECTION Public Hearings SERVICE AREA/DMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Scott A. Kipp Bryant Lake Business Center Third Addition DATE: 03/07/02 ITEM NO.: Requested Action Move to: Close the Public Hearing; and 0 Adopt the Resolution for Planned Unit Development Concept Amendment on 2.37 acres; and Approve lSt Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Regional Commercial to Office on 0.6 acres; and 0 Adopt the Resolution for Preliminary Plat on 2.37 acres into one lot; and 0 Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 34-stall parking lot addition to be combined with the property to the south. The project is located at 7555 Market Place Drive. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 11,2002 meeting. Background Information City Code requires 5 parking space per 1,000 square feet of building for a total of 98 parking spaces. The site plan shows a total of 99 parking spaces. The parking lot meets setbacks for the office zoning district. The plans have been revised to reduce tree loss to 44 diameter inches. Tree replacement is 30 caliper inches. The plan meets this requirement. The landscaping plan has been revised to show additional screening of the parking lot. A Travel Demand Management Plan has been submitted for the property. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. StafTReport dated February 8,2002 4. Community Planning Board Minutes dated February 11,2002 1 BRYANT LAKIZ BUSINESS CENTER THIRD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTYy MINNESOTA RESOLUTION NO. 2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT FORBRYANT LAKE BUSINESS CENTER THIRD ADDITION FOR GLENBOROUGH REALTY TRUST, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the CommUnity Planning Board did conduct a public hearing on Bryant Lake Business Center Third Addition PUD Concept Amendment by Glenborqugh Realty Trust, Inc. and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on March 7,2002. NOW, THEREFOREy BE IT RESOLVED by the City Council of EdenPrairie, Minnesota, as follows: 1. Bryant Lake Business Center Third Addition, being inHennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made apart hereof. 2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated February 25,2002. 3. That the PUD Concept Amendment meets the recommendations of the Community Planning Board dated February 1 1,2002. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk a Exhibit A Bryant Lake Business Center Third Addition Legal Description: Lot 1 , Block 1 , BRYANT LAKE OFFICE TECH CENTER, according to the recorded plat thereof, Hennepin County, Minnesota. AND Part of Outlot By BRYANT LAKE CENTER, according to the recorded plat thereof, Hennepin County, Minnesota. 3 BRYANT LAKE BUSINESS CENTER THIRD ADDITION CITY OF EDEN PRAIlUE HEPINEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRYANT LAKE BUSINESS CENTER THIRD ADDITION FOR GLENBOROUGH REALTY TRUST, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the prelixninary plat of the Bryant Lake Business Center Third Addition for Glenborough Realty Trust, hc., dated February 25,2002, and consisting of 2.37 acres into 1 lot, a copy ofwhich is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of March, 2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 STAFF' REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: February 8,2002 SUBJECT: Bryant Lake Business Center Third Addition APPLICANT: Master Engineering, Inc. OWNER Wallace Hustad and Glenborough Realty Trust, Inc. LOCATION: 7555 Market Place Drive REQUEST: 1. Planned Unit Development Concept Amendment on 2.37 acres 2. Planned Unit Development District Review on 2.37 acres 3. Zoning District Change fkom Regional Commercial to Office on 0.6 acres 4. Site Plan Review on 0.6 acres 5. Preliminary Plat of 2.37 acres into one lot 5 Bryant Lake Business Center Third Addition Staff Report - Bryant Lake Business Center Third Addition February 8,2002 BACKGROUND This property is guided regional commercial and was zoned regional commercial as part of a larger area in 1969. Surrounding land uses are regional commercial to the north, west and south, and industrial to the east. Commercial and office zoning is appropriate in a regional commercial guided area. SITE PLAN The plan shows a 0.6-acre site to be combined with the 1.77-acre office site to the south. City Code requires 5 parking space per 1,000 square feet of building for a total of 98 parking spaces. The site plan shows a total of 99 parking spaces. The parking lot meets setbacks for the office zoning district. The new parking will include two, 25-foot downcast lighting fixtures. DRAINAGE Storm water fkom the new parking lot will be treated to NURP standards. TREE 'LOSS AND LANDSCAPING There are six significant trees on the property totaling 87 caliper inches. Two of the trees were planted as part of the landscaping for the office building. All trees are shown to be lost. Tree replacement is 116 caliper inches. Prior to City Council, a tree replacement plan for 116 caliper inches will need to be submitted. City Code requires screening of parking areas using berms, and or landscaping. The plan provides evergreen trees along the fi-ont of the parking lot. The landscaping should be revised to provide additional screening of the parking to meet screening requirements. TRAVEL DEMAND MANAGEMENT PLAN A Travel Demand Management Plan has been prepared for the project. TDM plans are necessary as part of office and industrial development to help reduce traffic in the peak hours. STAFF RECOMMENDATION Staff recommends approval of the following: 0 Planned Unit Development Concept Amendment on 2.37 acres 0 Planned Unit Development District Review on 2.37 acres -? Staff Report - Bryant Lake Business Center Third Addition February 8,2002 0 Zoning District Change fiom Regional Commercial to Office on 0.6 acres 0 Site Plan Review on 0.6 acres 0 Preliminary Plat of 2.37 acres into one lot This would be based on plans dated January 3 1,2002, this staff report, and the following conditions: 1. Prior to City Council review, proponent shall: A. Submit a tree replacement plan for 116 caliper inches. B. Revise the landscaping plan to provide additional screening of the parking lot to meet screening requirements. 2. Prior to grading permit and construction of the paking lot, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. C. Provide a landscape surety equivalent to 150% of the cost of the tree replacement and landscaping improvements . D. Provide proof of recording of the final plat at Hennepin County. 8 Community PIanning Board Minutes February 11,2002 Page 6 of 7 V. PUBLICHEARINGS A. BRYANT LAKE BUSINESS CENTER THIRD ADDITION by Glenborough by Glenborough Realty Trust Inc. Request for Planned Unit Development Concept Amendment on 2.37 acres, Planned Unit Development District Review on 2.37 acres, Zoning District Change from Regional Commercial to Office on .6 acres, Site Plan Review on .6 acres, and Preliminary; Plat of 2.37 acres into one lot. Location: 7555 Market Place Drive The property is guided regional commercial and was zoned regional commercial as part of a larger area in 1969. Surrounding land uses include regional. Surrounding land uses include regional commercial and industrial. Commercial and office zoning is appropriate for the area. The plan shows a .6 acre site to be combined with the 1.77 acre office site to the south. Parking meets space and setback requirements. A tree replacement plan for 116 caliper inches must be submitted prior to Council. Evergreens will be provided for screening; landscaping should be revised to provide additional screening. A Travel Demand Management Plan has been prepared. Staff recommends approval of the project based on plans dated January 31, 2002, staff report and conditions therein dated February 8,2002. Motion by Stoelting, seconded by Brooks to approve Bryant Lake Business Center Third Addition by Glenborough Realty Trust, Inc. Request for Planned Unit Development Concept Amendment on 2.37 acres, Planned Unit Development District Review on 2.37 acres, Zoning District Change from Regional Commercial to Office on .6 acres, Site Plan Review on .6 acres, and Preliminary Plat of 2.37 acres into one lot based on plans dated January 31,2002, and staff report and conditions therein dated February 8, 2002. Motion carried, 7-0. 4 I CITYCOUNCILAGENDA SECTION Public Hearing SERVICE AREALDMSION Engineering Services AlanD. Gray ITEM DESCRIPTION I.C. 98-5474 Order Improvements and Prepare Plans and Specifications for Crestwood Terrace Area Street and Utility Improvements DATE: March 7,2002 Requested Action Move to: 1. . , Close the public hearing J 2. Synopsis Adopt the resolution ordering Crestwood Terrace Street and Utility Improvements This project will provide street and utility improvements to approximately 59 residential properties in the Crestwood Terrace Area. In developing the study, staff has had neighborhood meetings and mailed out surveys to assess property owner opinions. The meetings were attended by approximately 20 people. Based on the most recent meeting, staff expects substantial neighborhood support for the project. There is some neighborhood concern regarding the proposed trail improvements on Crestwood Terrace. -. - Background Information Details are provided in the Feasibility Study Attachments Feasibility Study I CITY OF EDEN PRAlRIE HEN” COTJNTY, MINNESOTA RESOLUTION NO. . RESOLUTION ORDERINGIMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 5th day of February, 2002, fixed the 7th day of March, 2002, as the date for a public hearing on the following proposed improvements: I.C. 98-5474: Crestwood Terrace 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 7th day of March, 2002, 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, Inc., consulting engineers. - -- ADOPTED by the Eden Prairie City Council on March 7,2002. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearing SERVICE ARE& Community Development & Financial Services: Don Uram David Lindahl ITEM DESCRIPTION 2001 Community Development Block Grant Funding (CDBG) Recommendations DATE: March 7,2002 ITEM NO. Requested Action: Move to: Adopt Resolution approving the use of funds for the 2002 Urban Hennepin County Community Development Block Grant (CDBG) program as recommended by the Human Services Review Committee (HSRC). Synopsis: The Human Service Review Committee reviewed the 200 1 CDBG proposals and recommended the following activities be funded: Public Service Activities (15% cap) Level County PrioriQ 1. Child Care Program (Subsidy) $ 14,780 High 2. Household & Outside Maintenance for Elderly (HOME) $ 10,320 High 3. Home Line -Tenant’s Advocacy Service $10.000 High Sub Total $35,100 (15% of total) Housing Activities Level 5. Housing Rehabilitation Deferred Loan Program $ 50,000 High 6. Affordable Rental Housing Land Acquisition $148,900 High Sub Total $198,900 (75% of total) Grand Total $234,000 Background: The 2002 CDBG entitlement is $234,000, and will be available beginning in July 2002. The HSRC Committee, which is comprised of staff from Police, Park and Recreation, Human Resources, Human Services, and Community Development, considered priorities established by Hennepin County in developing their recommendations. The national objectives of the CDBG program include developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities principally for low and moderate-income persons; and aiding in the prevention or elimination of slums and blight and meet other community development needs having particular urgency. Although the national objectives are quite broad, all funding proposals were evaluated against the list of priorityneeds established by Hennepin County to help cities guide their funding decisions. Each year several notices are published in the local newspaper seeking ideas or request for funding. No new requests were made. Supplemental Information: Resolution Summary of Proposals & Hemepin County Goals 2002 CDBG Snmmarv of ProDosaIs HSSC Recommendation Activity Purpose Clients Served Agency Child Care Subsidy Greater MPLS Day Care Ass. $14,780 Provide child day care assistance to lower-income families in Eden Prairie who are working/training a minimum of 25 hours per week. The City has been funding this activity since 1986. The City's hding will help keep the waiting list to a minimum in 2002 Provide maintenance and chore service to persons 60 and older. The City has been funding this activity since 1982. 45 households were served in 2001. HOME Senior Community Services $10,320 Tenant Advocacy Service HOME line $10,000 Provide tenant information and advocacy through a hotline to help resolve tenant-landlord problems Provide low-interest deferred loans of up to $15,000 to eligible residents for home improvements. The loans are recovered when the recipients sell their homes. The program has been funded since 1975. Provide land acquisition assistance for workforce (affordable) rental housing developments. 1,300 calls since 1992 Housing Rehabilitation Deferred Loan Program City of EP HRA $50,000 5 clients were served in 2001 some of these applications are still active. Affordable Rental Housing - Land Acquisition City of EP HRA $148,900 A $200,000 CDBG loan was provided for the Lincoln Parc apartment development. Totals 234,000 P+ a Hennepin County Housing & Community Development Goals 2001-2004 Category I Priority Rental Housing Small FamilyKJnrelated Individual Large Family Elderly Physically Disabled High<50% MFI High<50% MFI High<30% MFI High <30% MFI Ownership Housing Existing Homeowners . Housing Rehabilitation . Mortgage Foreclosure Prevention First Time Homebuvers Homeownership Assistance . Physically Disabled * Homeownership Training High<50% MFI High<50% MFI Homeless Housing Prevention & Housing Services (Emergency Shelter Grant funds only) Housing unitsheds (Include shelterltransitional housing for survivors of domestic abuse) t Special Needs @on-Homeless) I Frail Elderly Chemically Dependent Mentally Ill Developmentally Disabled Physically Disabled Persons with AIDS Use Continuum of Care Use Continuum of Care Low Low High Medium Medium Medium Community Development & Public Service Senior Services1 Facilities Family Serviced Facilities Youth Services Neighborhood Revitalization* High High High High Five Year Goal 800 units 50 units 150 units 50 units 1,200 units 1,000 households 1,300 households 5 households 1,250 households 500 persons 100 unitsheds 50 unitsheds 50 unitsheds 150 unitsheds 50 unitsheds 50 unitsheds 50 unitsheds NIA NIA NIA NIA * Neighborhood revitalization, for removal of blighted housing, is a high priority only when a minimum of 20% of new or rehabilitated housing is affordable to low and moderate income households. 3 CITY OF EDEN PRAlRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 2002- RESOLUTION APPROVING USE OF F"DS FOR 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating Unit in the Urban Henneph County Community Development Block Grant Program; and . WHEREAS, the City of Eden Prairie has developed a proposal for the use of Urban Hennepin County CDBG funds, and held a public hearing on March 7,2002 to obtain the views of citizens on the proposed use of $234,000 for the 2002 Community Development Block Grant Program; and BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for fimding from the Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2002 Urban Hennepin County Community Development Block Grant Program. ACTIVITIES Child Care Program (Subsidy) $ 14,780 Household & Outside Maintenance for Elderly (HOME) $ 10,320 Housing Rehabilitation Deferred Loan Program $ 50,000 Affordable Rental Housing Land Acquisition . $148.900 Home Line - Tenants Advocacy Program $ 10,000 TOTAL $234,000 ADOPTED by the City Council of the City of Eden Prairie this 7th day of March 2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 CITYCOUNCILAGENDA SECTION: Public Hearing: SERVICE AREAIDIVISION: ITEM DESCRIPTION: Financial Services Director Donald Uram Public Hearing On The Proposed Issuance Of Multifamily Housing Revenue Bonds DATE: March 7.2002 ITEM NO.: Requested Action Move to: Continue Public Hearing until the April 16 City Council meeting. Synopsis The developer (Dominium Development) presented the Heights at Valley View project at an informational meeting before the Planning Board on February 1 land was scheduled for a public hearing on February 25. Due to concerns of the Planning Board and of the neighbors about the project, the developer requested a continuance until the March 25 Planning Board meeting. Based on this time schedule, the project and associated funding requests (multifamily housing revenue bonds and tax increment financing) would be reviewed by the City Council on April 16. Background Minnesota Statutes Chapter 462C.04, Subd. 2, and Section 147(f) of the Internal Revenue Code, require as a condition to the issuance of Multifamily Housing Revenue Bonds that a public hearing be held. This hearing is scheduled for March 7. Eden Prairie Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership has asked that the City authorize the issuance of its housing revenue bonds for the purpose of financing a multifamily housing development pursuant to Minnesota Statutes, Chapter 462C. The proceeds of the revenue bonds will be loaned to the Eden Prairie Leased Housing Associates I to finance the acquisition and construction of a 210-unit qualified multifamily residential rental housing facility known as the “Heights at Valley View.” The project will be located on the northwest corner of Valley View Road and Flying Cloud Drive. I CITY COUNCIL AGENDA SECTION: Payment of Claims SERVICE AREA/DMSION: Community Development and Financial Services/Don Uram ITEM DESCRIPTION Payment of Claims ITEM NO.: mt Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis 'Checks 107654-108077 Wire Transfers 1482-1488 Background Information DATE: March 5,2002 Attachments City of Eden Prairie Council Check Summary 3/5/2002 Division Amount 100 102 110 111 112 113 114 115 116 117 130 131 132 133 135 136 151 153 154 156 158 159 160 161 162 163 180 181 182 183 184 185 186 200 201 202 203 301 31 0 314 41 8 502 503 506 509 51 1 601 602 603 701 702 703 803 806 General City Manager Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Housing, Trans, Social Service Community Development Information Technology Wireless Communication Park Maintenance Athletic Programs Community Center Youth Programs Senior Center Recreation Administration Adaptive Recreation Oak Point Pool Arts Park Facilities Police Telecommunicators Police Administration Civil Defense Fire Animal Control Inspections Engineering Street Maintenance Street Lighting Fleet Services CDBG Fire Fighters Fund Liquor Compliance HRA 2002A Lease Revenue Bonds Park Development Utility Improvement lmprovment Bonds 1996 CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund SAC Agency Fund Grand Total 375,625 5,294 5,525 773 15,660 2,106 1,714 138,251 11,267 2,489 1,115 350 27,500 498 81 0 67 9,985 5,563 20,335 9,104 1,674 125 479 395 ' 6,255 2,067 15,431 63 118 100 20,333 121 74 379 11,169 2,805 10,799 5,400 697 274 10,900 65,575 27,383 48,568 107,475 39,831 90,250 152,833 88,128 99,559 179,628 629 15,586 29,150 1,668,393 107 ' City of Eden Prairie Council Check Register 3/5/2002 Checkt 1482 1483 1484 1485 1486 1487 1488 107654 107655 107656 107657 107658 107659 107660 107661 107662 107663 107664 107665 107666 107667 107668 107669 107670 107671 107672 107673 107674 107675 107676 107677 107678 107679 107680 107681 107682 107683 107684 107685 107686 107687 107688 107689 107690 107691 107692 107693 107694 107695 107696 107697 107698 107699 107700 107701 107702 107703 I07704 107705 107706 107707 107708 107709 107711 107712 107714 107715 107716 107717 Amount 635 62,670 114,328 21,390 13,823 7,930 62,064 21 0 447 47 467 75 1,578 845 309 408 42 970 50 153 50 53 378 50 549 50 50 50 50 50 450 45 50 107 20 50 50 56 289 50 150 150 376 274 163 1 28 8 276 740 50 317 821 300 6.51 0 96 701 126 981 5,056 3,027 15,751 9,944 1 1,662 1,654 13,638 518 92 63 Vendor MINNESOTA DEPT OF REVENUE MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEWCU ICMA RETIREMENT TRUST457 PUBLIC EMPLOYEES RETIREMENT AARP 55 ALIVE MATURE DRIVING ADDED FLAIR AMERICAN EXPRESS PUBLISHING ASPEN WASTE SYSTEMS INC. CARDARELLE, DAWN CLASSIC GYMNASTICS DEAN, MITCH EAGAN, CITY OF EDENS ON CAMPUS =PRESS MESSENGER SYSTEMS INC GIGOWSKI, TOM HABERLE, ROBERT HANLON, SCOlT HARRINGTON. MIKE JOHN MOORMAN INC KLINE, JAMES LANZI, BOB LARSON, ALLEN R. LEBLANC, ERIC LINDGREN, JIM LOWERY, THOMAS LUKE, TRACY MAAO MACA METHODIST HOSPITAL METROPOLITAN MECHANICAL MILES, BRADLEY MILLARD, CHRIS MINNCOMM PAGING MINNEAPOLIS AREA ASSOC OF REAL MORROW, JAMES MRPA MSCA PETTY CASH QWEST DEX STAR TRIBUNE STAR TRIBUNE TARGET CENTER TWIN CITIES &WESTERN RAILROAD US FILTEWATERPRO VOSBEEK, PETER WELCH VILLAGE XCEL ENERGY MINNEGASCO ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BNERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARKVll MIDWEST COCA COLA BOlTLlNG COM NEW FRANCE WINE COMPANY NORTH STAR ICE HEN N EPI N COUNTY TREASU RER-S U RV MCGINTY-VANSICKLE, PAW PETTY CASH-POLICE DEPT WASTE MANAGEMENT-SAVAGE MN Account Description Motor Fuels Sales Tax Payable Federal Taxes WNlheld State Taxes Withheld Deferred Compensation Deferred Compensation Employers PERA Other Contracted Services Operating Supplies Misc Non-Taxable Waste Disposal Other Contracted Services Instructor Service Travel Expense AR Utility Special Event Fees Postage Other Contracted Services Travel Expense Operating Supplies Travel Expense Other Contracted Services Conference Expense Travel Expense Mileage & Parking Travel Expense Travel Expense Travel Expense Travel Expense Travel Expense Dues & Subscriptions Dues & Subscriptions Travel Expense Other Contracted Services Cash OvedShort Travel Expense Travel Expense Pager & Cell Phone Operating Supplies Travel Expense Conference Expense Operating Supplies Operating Supplies Operating Supplies Advertising Misc Non-Taxable Dues & Subscriptions Special Event Fees Licenses & Taxes Equipment Repair & Maint Travel Expense Waste Disposal Special Event Fees Other Contracted Services Gas Misc Non-Taxable Beer Repair & Maint. Supplies Liquor Beer Wine Imported Beer Liquor Liquor Tobacco Products Beer MiscTaxable Wine Domestic Misc Non-Taxable Business Unit Fleet Services Den Road Liquor Store General Fund General Fund General Fund General Fund General Fund Senior Center Program Special Events &Trips Prairie View Liquor Store Water Treatment Plant Accessibility Winter Skill Development Prairie Village Liquor Store Water Enterprise Fund Senior Center Program General Volleyball Police Fire Police Engineering In Service Training Police Athletic Programs Admin Police Police Police Police Police In Service Training Animal Control Police Risk Management General Fund Police Police Sewer System Maintenance Assessing Police In Service Training Assessing Winter Theatre Liquor Compliance Den Road Liquor Store Prairie View Liquor Store In Service Training Preschool Events Water Utility - General Water Meter Repair Police Prairie Village Liquor Store Ski TripsMlinter Camp Capital Impr. I Maint. Fund Fire Station #1 Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store . 3 City of Eden Prairie Council Check Register 31512002 Check# 107718 10771 9 107720 107721 107722 107723 107724 107725 107726 107727 107728 107729 107730 107731 107732 107733 107734 107735 107736 107737 107738 107739 107740 107741 107742 107743 107744 107746 107747 107748 107749 107750 107751 107752 107753 107754 107755 107756 107757 107758 107759 107760 107761 107762 107763 107764 107765 107766 107767 107768 107769 107770 107771 107772 107773 107774 107775 I07776 107777 107778 107779 107780 107781 107782 107783 107784 107785 107786 107787 Amount 1,440 730 9,381 657 2.155 9.586 10,740 84 1 1,883 2,021 50 1,800 273 40 377 47 644 85 61 210 38.894 450 27,671 1,453 1.155 4,273 144 5,650 95 5,400 2,103 0 316 3 6,693 63 56 28 206 5 241 50 1,094 60 921 365 500 128 76 120 25 335 125 40 155 44 9,566 735 144 5,002 12 40 37 20 5 69 10,986 15.000 197 Vendor PAUSTIS &SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC ANOKA COUNTY SHERIFF'S DEPT BACHMANS CREDIT DEPT BLOOMINGTON PARK CATERED EVENT BOLD, PAULINE CHANHASSEN PARK & RECREATION ENTERTAINMENT PUBLICATIONS INC HENNEPIN COUNTY HENNEPIN COUNTY PUBLIC RECORDS L & S HOSPITALIT/ AND DIRECTOR LEAGUE MN CITIES INS TRUST MACQUEEN EQUIPMENT INC METROPOLITAN COUNCIL MlNN CHILD SUPPORT PAYMENTCTR MINNESOTA AWWA MINNESOTA STATE TREASURER PHILLIPS, GINA QWEST RESOURCE CENTER FOR THE AMERIC SCHMIDT ROOFING XCEL ENERGY VOID CHECKVENDOR AMCON CONSTRUCTION AT&T WIRELESS LONG DISTANCE BENSHOOF &ASSOCIATES INC CHANHASSEN BUMPER TO BUMPER CRYSTEEL TRUCK EQUIPMENT INC HOLTHUS, LORI INTERNATIONAL CHECK SERVICES I JONASON, MARVIN LARIAT COMPANIES INC. METRO SALES INCORPORATED" MINNESOTA LEGAL REGISTER MINNESOTA VALLEY ELECTRIC COOP MOORE MEDICAL CORP PICKLED PARROT SCHMIDT ROOFING SCOTT COUNTY SHERIFFS DEPT SENSIBLE LAND USE COALITION SPECIALTY SEEDS STANDARD PLUMBING &APPLIANCE TRAPP, SUZANNE UNIVERSITY OF MINNESOTA URBANSKI, JENNIFER US HOMES CORP VERIZON WIRELESS BELLEVUE WEEDMAN, NICOLE ALLFIRST BANK ANDERSON, ELAINE APPRAISAL INSTITUTE BURROUGHS, RENE BYERS, JOYCE DERUDDER, GERRY ENTERTAINMENT PUBLICATIONS INC ESCHELON TELECOM FAMILY & CHILDRENS SERVICE GE CAPITAL CULLIGAN-METRO GOPHER STATE ONE-CALL INC STEWART-HESTER, RENEE Account Description Wine Domestic Merchandise for Resale Liquor Operating Supplies Wine Domestic Liquor Beer Wine Domestic Wine Imported Wine Domestic Deposits Miscellaneous Instructor Service Special Event Fees Other Rentals Deposits Waste Disposal Other Contracted Services Advertising Workers Comp Insurance Conference Expense Due to Other Governments Garnishment Withheld Conference Expense Building Surcharge AR Utility Telephone Conference Expense Other Contracted Services Principal Deposits Building Permits Telephone Deposits Equipment Parts Equipment Parts Other Contracted Services Special Event Fees Other Contracted Services Operating Supplies Deposits Other Rentals Operating Supplies Electric Safety Supplies Miscellaneous Building Permits Deposits Miscellaneous Conference Expense Plumbing Permits Other Contracted Services Instructor Service Conference Expense Lessons &Classes Improvements to Land Pager & Cell Phone Mileage & Parking Deferred Compensation Program Fee Operating Supplies Lessons & Classes Program Fee Program Fee Deposits Equipment Repair & Maint Other Contracted Services Other Rentals , Other Contracted Services Business Unit Den Road Liquor Store Concessions Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store. Escrow City Center Operations Water Utility - General Outdoor Center Winter Skill Development Outdoor Center Escrow Park Maintenance Engineering Prairie View Liquor Store Employee Benefits Water Utility -General SAC Agency Fund General Fund Water Utility -General General Fund Water Enterprise Fund Police Community Development 2000 Rehab Traffic Signals Escrow General Fund Telephone Escrow Fleet Services Fleet Services Water System Maintenance Ski TripsMlinter Camp Prairie Village Liquor Store Winter Theatre Escrow General Assessing Street Lighting Fire Prairie View Liquor Store General Fund Escrow In Service Training In Service Training General Fund Recreation Administration Outdoor Center In Service Training Pool Lessons Park Acquisition & Development Police Youth Programs Administration General Fund Outdoor Center Assessing Ice Arena Outdoor Center Senior Center Program Escrow Telephone Housing, Trans, & Human Serv General City of Eden Prairie Council Check Register 3/5/2002 Check# 107788 107789 107790 I07791 I07792 I07793 107794 107795 107796 I07797 107798 107799 107800 107801 107802 107803 107804 107805 107806 107807 107808 107809 107810 107811 107812 107813 107814 107815 107816 107817 10781 8 107819 107820 107821 107822 107823 I07824 107825 I07826 107827 107828 107829 107830 107831 107832 107833 107834 107835 107836 107837 107838 I07839 I07840 107841 I07842 I07843 I07844 107845 107846 107847 107848 I07849 107850 107851 107852 107853 107654 107855 107856 Amount 52 20 417 150 12 44 5 7 283 748 160 3.500 31 7 225 573 24,260 1,749 7 5 3 88 91 32 138 1,476 17 40 100 410 145 72 199 160 97 22 800 349 1,045 350 156 200 932 118 93,220 300 3,000 240 81 40 340 29 1,032 177 500 44 130 30 97 400 100 1,060 805 206 2.351 2,189 6,690 2,508 18,602 Vendor HARNER, STEFANIE HART, MARY HOME DEPOTIGECF IAAO JOHNSON, SHARON KALLMAN, KRISTINE LEMON, LEONA LUNDGREN, AUDREY MARSHALL & SWIFT METRO SALES INCORPORATED' NATIONAL RECREATION AND PARKA NBllOCHS SERVICES INC NIELSON, RANDY OTSEA, BErpl PErPl CASH REBS MARKETING RELIANT ENERGY RETAIL INC. RICHFIELD, CITY OF ROLFING, RIND1 RUMFORD, JOAN STAR TRIBUNE SZPYLKA, KELLI WOERZ, JACQUE WOODARD, NORMAN WRIGHT, IRENE XCEL ENERGY ZWEBER, TONY AANESTAD. ARDEN AMEM ANOKA COUNTY SHERIFF'S OFFICE APPRAISAL INSTITUTE BAGELMAN'S NEWYORK BAKERY BECKER, DAVE BERGSTROM, JIM BOLD, PAULINE C&J TRAVEL INC CARTEGRAPH SYSTEMS INC CRAGUNS CRAWFORD, ANN GOVERNMENT FINANCE OFFICERS AS HOLIDAY INN OF ST. CLOUD HOLTE, MARY JONASON, MARVIN KREI, MELISSA LEAGUE MN CITIES INS TRUST LIMBERG, KRISTY MAPLE GROVE, CITY OF MAROTTA, VIC MILLARD, CHRIS MILLER, LOUISE NELSON, SANDY OLSEN, JAMES RAVEY, LEANNE RICHFIELD, CITY OF SCHLOSSMACHER, JIM SENSIBLE LAND USE COALITION SINELL, STEVE ST. PAUL POLICE DEPT MINNESOTA CHAPTER IAAI-J SCHAD PEM CASH-POLICE DEPT TREIBER, PAULA UNIVERSITY OF MINNESOTA ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPARELSER BELLBOY CORPORATION COMMANDEUR LLC DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY Account Description Lessons & Classes Program Fee Operating Supplies Dues &.Subscriptions Program Fee Lessons & Classes Program Fee Program Fee Operating Supplies Oftice Supplies Dues & Subscriptions Deferred Compensation Lessons & Classes Program Fee Miscellaneous Other Contracted Services Gas Operating Supplies Events/Admission Fee Program Fee Misc Non-Taxable Lessons & Classes Program Fee Program Fee Operating Supplies Electric Program Fee Instructor Service Dues & Subscriptions Other Rentals Operating Supplies Miscellaneous Tuition ReimbursementlSchool Clothing & Uniforms Instructor Service Travel Expense Software Maintenance Travel Expense Other Contracted Services Awards Travel Expense Other Contracted Services Other Contracted Services Clothing & Uniforms Workers Comp Insurance Other Contracted Services Other Rentals Other Contracted Services Clothing & Uniforms Instructor Service Tuition ReimbursementlSchool Program Fee Other Contracted Services Travel Expense Other Contracted Services Operating Supplies Clothing & Uniforms Miscellaneous Miscellaneous Tuition ReimbursementlSchool Other Contracted Services Conference Expense Beer Repair & Maint Supplies Liquor Wine Imported Beer Wine Domestic Beer Business Unit Pool Lessons Outdoor Center Fleet Services In Service Training Outdoor Center Oak Point Lessons Senior Center Program Senior Center Program Assessing General In Service Training General Fund Ice Arena Senior Center Program General Facilities Water Accounting Maintenance Fleet Services Adaptive Recreation Adult Program Den Road Liquor Store, Oak Point Lessons Outdoor Center Senior Center Program Golden Triange Study Water Treatment Plant Senior Center Program Outdoor Center Civil Defense Police Assessing General Facilities Police Police Outdoor Center Police Information Technology Police Winter Theatre Finance Police Accessibility Winter Theatre Police Administration Employee Benefits Winter Theatre Police Winter Skill Development Police Outdoor Center Police Ski TripsMlinter Camp Winter Theatre Police Winter Theatre Fleet Services Police In Service Training Assessing Police Winter Theatre In Service Training Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store 5 City of Eden Prairie Council Check Register 31512002 Check# 107857 107858 107859 107860 107861 107863 107864 107865 107866 107867 107868 107869 107871 I07872 107873 107874 107875 107876 I07877 107878 I07879 107880 107881 107882 107883 107884 107885 107886 107887 107888 107889 107890 107891 107892 107893 107894 107895 107896 107897 107898 107899 107900 107901 107902 107903 107904 107905 107906 107907 107908 107909 107910 107911 107912 107913 107914 107915 107916 107917 10791 8 107919 107920 107921 107922 107923 107924 107925 107926 107927 Amount 288 329 1,359 10,561 170 38,626 1,713 5,635 592 32 4.917 81 1 15,149 645 2,303 19,120 21,826 533 1,276 289 553 100 848 566 272 18 500 1,000 100 266 179 1,250 1,509 1,200 19 24 686 9,254 141,709 54 177,555 225 18 10,900 126 13 7,295 27 90 1,635 435 29 2.080 543 451 201 232 780 129 281 45.178 134 47 508 484 978 78 31 1 225 Vendor EXTREME BEVERAGE GEITMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOlTLlNG COM NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC ARM OF MINNESOTA CHANHASSEN DINNER THEATRE CUMMINGS, KIM DISH NETWORK EAGLE WINE COMPANY FAMILY HOPE SERVICES GOVERNMENT TRAINING SERVICE GRAYBOW COMMUNICATIONS GROUP HOLIDAY INN IND SCHOOL DlST 272 INTERNATIONAL UNION OF OPERATI JASPERDEVELOPMENT KRAEMERS HARDWARE INC LINHOFF PHOTO & DIGITAL IMAGIN MAROTA, VIC MASSMUTUAL LIFE INSURANCE CO. MEDICA CHOICE MENARDS METROPOLITAN COUNCIL ENVIRONME MlNN NCPERS GROUP LIFE INSURAN BARKER-HAMMER ASSOCIATES INC. MISTER Q'S MOODY'S INVESTORS SERVICE NORTH STAR ICE OWEN'S SERVICES CORP PRAIRIE PARTNERS SIX LLP RICHFIELD, CITY OF SHRED-IT SOUTHWEST SUBURBAN PUBLISHING- SPECIAL OPERATIONS TRAINING AS STATE OF MINNESOTA BORG, STEVE STEVE LUCAS PHOTOGRAPHY TARGET CENTER UNITED HEALTHCARE SERVICES INC UNITED RENTALS HIGHWAY TECHNOL UNIVERSITY OF MINNESOTA UNIVERSITY OF ST. THOMAS VALLEY PAVING INC VENTURE PUBLISHING INC AT0 2 RENTAL CENTER ABM EQUIPMENTAND SUPPLY COMPA AMERICAN WATER WORKS ASSOCIATI ANCHOR PAPER COMPANY ATCO INTERNATIONAL AUTO ELECTRIC SPECIALISTS BAKER'S PLAYS US POSTMASTER - HOPKINS Account Description Misc Taxable MiscTaxable Wine Domestic Liquor Beer Liquor Tobacco Products Beer Misc Taxable Misc Non-Taxable Wine Imported Merchandise for Resale Wine Domestic Misc Non-Taxable Wine Domestic Wine Domestic Beer Wine Imported Wine Imported Wine Domestic Wine Imported Conference Expense Small Tools Special Event Fees Operating Supplies Cable N Beer Other Contracted Services Conference Expense Other Assets Travel Expense Building Rental Union Dues Withheld Due to Other Governments Small Tools Video & Photo Supplies Instructor Service Building Rental Medical Bills Prepaid Operating Supplies Waste Disposal Life Insurance Employees Employee Award Bond Issue Costs Misc Taxable Cash OvedShort Building Rental Operating Supplies Waste Disposal Legal Notices Publishing Tuition ReimbursemenVSchool Operating Supplies Tuition ReimbursemenVSchool Video & Photo Supplies Special Event Fees Employee Assistance Conference Expense Conference Expense Conference Expense Postage Improvements to Land Operating Supplies Equipment Repair & Maint Equipment Parts Training Supplies Office Supplies Repair & Maint Supplies Equipment Repair IS Maint Operating Supplies Business Unit Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Concessions Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store In Service Training General Facilities Adult Program Fire Ice Arena Prairie View Liquor Store Housing, Trans, & Human Serv In Service Training Communication Services Fire Winter Theatre General Fund SAC Agency Fund Sewer System Maintenance Human Resources Fall Skill Development Prairie View Liquor Store General Fund Outdoor Center Sewer Utility - General ' General Fund Human Resources HRA 2002A LEASE REVENUE BONDS Prairie Village Liquor Store General Fund Prairie Village Liquor Store Fleet Services City Center Operations City Clerk Police Fleet Services In Service Training Communication Services Preschool Events Employee Benefits Storm Drainage In Service Training In Service Training Senior Center Program Park Acquisition & Development Therapeutic Recreation Park Maintenance Fleet Services Water Utility - General General Water Treatment Plant Fleet Services Winter Theatre Cii of Eden Prairie Council Check Register 3/5/2002 Checks 107928 107929 107930 107931 107932 107933 107934 107935 107936 107937 107938 107939 107940 107941 107942 107943 107944 107945 107946 107947 107948 107949 107950 107951 107952 107953 107954 107955 107956 107957 107958 107959 107960 107961 107962 I07963 107964 107965 107966 107967 107968 107969 107970 107971 107972 107973 107974 107975 I07976 107977 107978 I07979 107980 107981 107982 107983 107984 107985 107986 107987 107988 107989 107990 107991 107992 107993 I07994 I07995 107996 Amount 138 383 580 5,950 50 163 185 49 241 444 183 643 133 102 1,650 232 111 5,625 1,246 60 49 6,713 904 200 9,984 568 626 103 53 9,322 1,032 750 3,890 55 308 145 1,870 171 6,111 1,463 314 68 166 728 293 242 210 1,863 40 2,221 651 1,183 335 325 22,842 287 369 1,522 480 520 5.709 111 1,481 325 148 433 20 522 35 Vendor BATIERY STORE INC. THE BAUER BUILTTIREAND BATIERY BESSER, PATRICIA BIG LAKE CONSTRUCTION BLOOMINGTON. CITY OF BRO-TEX INC BROWN, PAUL CARLSON TRACTOR-AND EQUIPMENT CENTRAIRE INC CHANHASSEN BUMPER TO BUMPER CHESLEY TRUCK SALES CLAREYS INC COLOR CENTER, THE COMMERCIAL SAW COMPANY CONCRETE CUTTING & CORING INC CONNEY SAFETY PRODUCTS CONSTRUCTION BULLETIN CORNERSTONE CORPORATE EXPRESS CUB FOODS EDEN PRAIRIE CUMMINS NORTH CENTRAL INC CWH RESEARCH INC. CY'S UNIFORMS DANK0 MES INC DECORATIVE DESIGNS INC DIXIE CARBONIC INC DRlSKlLLS NEW MARKET DRIVERS LICENSE GUIDE CO DRT TRANSPORT DYNA SYSTEMS EAGLE TRAINING LLC EARL F ANDERSEN INC ECOLAB INC EDINA SW PLUMBING EMED COMPANY INC EMERGENCY APPARATUS MAINTENANC ENVIRONMENTAL EQUIPMENT & SERV FACILITY SYSTEMS INC FASTSIGNS FERRELLGAS FIKES HYGIENE SERVICES FIRE INSTRUCTORS ASSN OF MN FIRENETSYSTEMS INC FLORAN TECHNOLOGIES FORCE AMERICA FRESCO INC GINA MARIAS INC GRAYBAR GREATAMERICA LEASING CORP. GUNNAR ELECTRIC CO INC HACH COMPANY HAMILTON, MICHAEL HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HENNEPIN COUNTY TREASURER HOIGAARDS HOLMES, JOHN CARTER HOLMES, TOM IND SCHOOL DlST 272 INFRATECH INGRAHAM &ASSOC J & H BERGE INC J&R RADIATOR CORP JANEX INC JERRY'S FOODS JIM HATCH SALES CO KESSLER. RICHARD CUTLER-MAGNER COMPANY G & K SERVICES-MPLS INDUSTRIAL Account Description Repair & Maint Supplies Equipment Parts Other Contracted Services Building Repair & Maint. Kennel Services Equipment Parts Other Contracted Services Equipment Parts Equipment Repair & Maint Equipment Parts Equipment Repair & Maint Safety Supplies Building Repair & Maint. Operating Supplies Asphalt Overlay Safety Supplies Improvements to Land Other Contracted Services Office Supplies Operating Supplies Equipment Parts Chemicals Employment Support Test Clothing & Uniforms Protective Clothing Building Repair & Maint. Chemicals Operating Supplies Operating Supplies Other Contracted Services Cleaning Supplies Tuition ReimbursementlSchool Signs Other Contracted Services Building Repair & Maint. Signs Equipment Repair & Maint Equipment Parts Capital Under $2,000 Signs Motor Fuels Repair & Maint. Supplies Tuition ReimbursementlSchool Equipment Repair & Maint Cleaning Supplies Equipment Parts Operating Supplies Cleaning Supplies Operating Supplies Equipment Repair & Maint Other Rentals Building Repair & Maint. Equipment Repair & Maint Other Contracted Services Design & Engineering Equipment Repair & Maint Operating Supplies Capital Under $2,000 Other Contracted Services Other Contracted Services Other Contracted Services Equipment Parts Improvements to Land Protective Clothing Equipment Repair & Maint Cleaning Supplies Operating Supplies Equipment Parts Video & Photo Supplies Business Unit WaterTreatment Plant Fleet Services Volleyball WaterTreatment Plant Animal Control Fleet Services Park Facilities Fleet Services Prairie View Liquor Store Fleet Services Fleet Services Water Treatment Plant Water Treatment Plant Park Maintenance Street Maintenance Fleet Services Construction Fund Legal Council General Fire Fleet Services Water Treatment Plant Human Resources Police Fire City Center Operations Water Treatment Plant Water Utility - General Police Lime Sludge Water Treatment Plant Police Traffic Signs Cummins Grill Senior Center Water Treatment Plant Fire Fleet Services Capital Impr. I Maint. Fund Den Road Liquor Store Outdoor Center Den Road Liquor Store Fire Water Treatment Plant Water Treatment Plant Fleet Services Park Maintenance Water Treatment Plant Reserves Street Lighting General Outdoor Center Water Treatment Plant Broomball Construction Fund Fleet Services Community Development Outdoor Center Basketball Volleyball Housing, Trans, & Human Serv Sewer Liftstation Park Acquisition & Development Water Treatment Plant Fleet Services General Facilities Fire Fleet Services Winter Theatre 7 City of Eden Prairie Council Check Register 3/5/2002 Check# 107997 107998 107999 108000 108001 108002 108003 108004 108005 I08006 108007 108008 I08009 10801 0 10801 1 108012 108013 108014 108015 108016 108017 108018 I08019 108020 I08021 108022 108023 108024 108025 108026 108027 108028 108029 108030 108031 108032 108033 108034 108035 108036 108037 108038 I08039 I08040 108041 108042 108043 108044 108045 108046 108047 108048 108049 108050 108051 108052 108053 108054 108055 108056 108057 108058 108059 108060 108061 108062 108063 108064 108065 Amount 120 350 50 180 61 1,056 63 3.194 175 279 136 950 490 186 483 175 100,353 364 207 373 81 23 3,353 2,264 2,004 926 101 82 19 150 112 51 1 310 5,294 21 6 150 2,817 5 101 236 44 2,415 347 173 28,509 382 1,830 807 12 5,875 19,027 697 61 2 95 57,640 2.500 441 192 4,495 448 41 281 27,383 975 84 3,008 310 889 331 Vendor KINKOS KNUDTSON, STEVE KRAEMERS HARDWARE INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LAMETRYS COLLISION LANDS END CORPORATE SALES LAN0 EQUIPMENT INC LAW ENFORCEMENT RESOURCE CENTE LINCOLN MARKETING MACQUEEN EQUIPMENT INC MASTER CRAFT LABELS INC MATS AUTO SERVICE INC MENARDS METRO EROSION INC METRO FIRE METROPOLITAN FORD MINNESOTA CONWAY MINNESOTA PIPE AND EQUIPMENT MINNESOTA POLLUTION CONTROL AG MINNESOTA TROPHIES & GIFTS MINNESOTAVIKINGS FOOD SERVICE NATIONAL CAMERA EXCHANGE & VID NORTHSTAR REPRO PRODUCTS INC NORTHWEST RESPIRATORY SERVICE OLSEN COMPANIES ORIENTALTRADING CO INC OS1 BATTERIES INC PACE ANALYTICAL SERVICES INC. PEPPER OF MINNEAPOLIS PERSONNEL DECISIONS INTL PETERSON ENVIRONMENTAL CONSULT PIONEER RIM &WHEEL CO PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRIORITY COURIER EXPERTS RAINBOW FOODS INC. RC SPORTS INC RIGID HITCH INCORPORATED RlTZ CAMERA RMR SERVICES INC RUFFRIDGE JOHNSON EQUIPMENT CO RUMPCA CO INC S & S WORLDWIDE SEALER SALES INC SENIOR COMMUNITY SERVICES SHORT ELLIOT HENDRICKSON INC SIGNATURE CONCEPTS INC. MARTIN-MCALLISTER MINNESOTA HORSE & HUNT CLUB MITY-LITE INC SNAP-ON TOOLS SOUTHWEST SUBURBAN PUBLISHING- SRF CONSULTING GROUP INC STOREFRONT GROUP, THE STREICHERS SUBURBANCHEVROLETGEO SUMMIT ENVIROSOLUTIONS SYSTEM CONTROL SERVICES TESSCO TOTAL REGISTER TRANS ALARM INC TRESCO INDUSTRIES LTD TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNITED LABORATORIES UNITED RENTALS UNITED RENTALS-HT BRANCH #229 Account Description Printing Other Contracted Sem'ces Small Tools Building Repair 8 Maint. Equipment Parts Equipment Repair & Maint Clothing & Uniforms Other Assets Training Supplies Advertising Equipment Parts Employment Support Test Fire Prevention Supplies Other Contracted Services Small Tools Other Contracted Services Capital Under $2,000 Equipment Parts Equipment TestingICert. Dues & Subscriptions Repair & Maint. Supplies Licenses &Taxes Operating Supplies Other Contracted Services Capital Under $2,000 Capital Under $2,000 Operating Supplies Safety Supplies Repair & Maint. Supplies Operating Supplies Equipment Parts Other Contracted Services Operating Supplies Other Contracted Services Design & Engineering Equipment Parts Building Repair & Maint. Equipment Repair & Maint Operating Supplies Equipment Repair & Maint Operating Supplies Operating Supplies Equipment Parts Video & Photo Supplies Equipment Parts Equipment Repair & Maint Waste Disposal Recreation Supplies Operating Supplies Other Contracted Services Design & Engineering Clothing & Uniforms Small Tools Employment Advertising Improvements to Land Other Contracted Services Protective Clothing Equipment Parts Other Contracted Services Equipment Repair & Maint Equipment Repair & Maint Equipment Repair & Maint Improvement Contracts Equipment Repair & Maint Lubricants &Additives Clothing 8 Uniforms Cleaning Supplies Equipment Parts Other Contracted Services Business Unit Winter Theatre Broomball General Facilities Public WorksIParks Fleet Services Fleet Services Telecornmunicators Street Maintenance Police Community Center Admin Fleet Services Human Resources Fire Storm Drainage Water System Maintenance Storm Drainage Projects Capital Irnpr. I Maint. Fund Fleet Services Fire Police Water System Maintenance Sewer Utility - General Fire Special Events &Trips Furniture Police Engineering Fire Water Treatment Plant Special Events &Trips Fleet Services Water Treatment Plant Art & Music City Manager Construction Fund Fleet Services Water Treatment Plant Park Maintenance Fire Fleet Services Senior Center Program Ice Arena Fleet Services Human Resources Water Meter Repair Fleet Services Tree Removal Youth Programs Administration Police Housing, Trans, & Human Serv Improvement Projects 1996 Fire Fighters Fund Fleet Services Human Resources Construction Fund Housing, Trans, & Human Serv Reserves Fleet Services Water Utility - General Sewer Liftstation Wireless Communication Prairie Village Liquor Store Utility Improvement Fund Water Treatment Plant Fleet Services Fire Water System Maintenance Water System Maintenance Water System Maintenance b Check # 108066 108067 108068 108069 108070 108071 108072 108073 108074 108075 108076 108077 Amount 520 5,054 265 723 717 40 335 1,504 569 2,451 2,960 572 1,668.393 Vendor UNLIMITED SUPPLIES INC URSIBRW US CAVALRY US FILTERMTATERPRO VIDEO SERVICE OF AMERICA VWR INTERNATIONAL INC WW GRAINGER WATSON CO INC. THE City of Eden Prairie Council Check Register 31512002 Account Description Repair & Maint Supplies Deposits Clothing & Uniforms Repair & Maint Supplies Video & Photo Supplies Operating Supplies Equipment Parts Merchandise for Resale Business Unit Water System Maintenance Escrow Police Water System Maintenance Police Water Treatment Plant Fleet Services Concessions WESTWOOD PROFESSIONAL SERVICES WM MUELLERAND SONS INC Capital Under $2,000 Round Lake YALE INCORPORATED Building Repair & Maint. Water Treatment Plant ZACKS INC Small Tools Sewer System Maintenance Grand Total Design & Engineering Capital Impr. I Maint. Fund CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions SERVICE AREA: Community Development & Financial Services: Don Uram David Lindahl DATE: March 7,2002 ITEM DESCRIPTION: ITEM NO. Calling for a April 16,2002 Public Hearing to consider establishing a Tax Increment Financing (TIF) District for housing .j-T > Requested Action: Move to: Adopt the Resolution calling for a public hearing April 16,2002 to consider establishing a new Tax Increment Financing district. Synopsis: The purpose for establishing the proposed TIF District is to help finance the construction of 67 workforce (affordable) rental units on a site located at Valley View Road and Flying Cloud Drive in the Golden Triangle. A resolution calling for a public hearing to consider establishing a new TIF district must be passed by the Council before an actual hearing is held. Background: A 198-unit apartment project is being planned on a 10-acre site located in the Golden Triangle area across from the Wilson Ridge office tower. The developer (Dominium) is requesting TIF financing to create about 67 workforce housing units that will be affordable to persons with incomes at 50% of the area median. Details of the TIF plan will be presented to the City CounciYHRA on April 16,2002. Attachments: Resolution and Project Area Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT F"ANC1NG PLAN FOR TAX INCREMENT FINANCING (QUALIFlED HOUSING) DISTRICT NO. 18 BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Proposed Financing Plan. The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "HRA") has prepared, and will present to the City for approval a tax increment financing plan (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing (Qualified Housing) District No. 18 within the Project Area. It has been proposed that the Board of Commissioners of the HRA and the City Council approve the Financing Plan, and that this Council hold a public hearing on the Financing Plan as required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3. 2. Public Hearing. A public hearing is hereby scheduled to be held on the Financing Plan at 7:OO p.m. on April 16,2002, in the Council Chambers of the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota. The City Clerk is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate governmental bodies. ADOPTED by the City Council on March 7,2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor a EXHIBITA NOTICE OF PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFJED HOUSING) DISTRICT NO. 18 OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of a Tax Increment Financing Plan (the Financing Plan) for Tax Increment Financing (Qualified Housing) District No. 18 (the Financing District) of the Housing and Redevelopment Authority of the City of Eden Prairie (the HRA) at 7:OO p.m. on Tuesday, April 16, 2002, in the City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota. The Financing Plan provide for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public costs to be incurred by the HRA or the City in connection with carrying out the Plan. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by the Financing District fkom which tax increment may be collected pursuant to the Financing Plan and the area in which such tax increment may be expended. It also represents the site area of the proposed Heights at Valley View apartment development. All who wish to be heard as to the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the Finance DirectorKlerk prior to the public hearing. Kathleen A. Porta, City Clerk 3 4 CITYCOuNclLAGENDA SECTION Petitions and Requests SERVICE AREADIVISION: Parks and Recreation Through.Bob Lambert Director Parks and Recreation Services From: Stuart A. Fox, Manager Parks and Natural Resources ITEM DESCRIPTION: Request for a 42 Inch Wide Grave Marker at Pleasant Hill Cemetery by Richard Biniek DATE: March 7,2001 ITEM NO: xg Requested Action Motion: OR Motion: OR Motion: Synopsis Move to deny the request by Richard Biniek to place a 42 inch wide marker at Pleasant Hill Cemetery based on the current cemetery rules and regulations, but to grant a 36 inch marker for a double grave site; Move to approve the request to install a 42 inch marker by Richard Biniek as an exception and based on a revision to the Cemetery Rules and Regulations fee structure that will allow the installation of a 42 inch marker (maximum) provided that a fee is paid to the City equal to the cost of the marker and its installation; Move to approve the request of a 42 inch marker as an exception for this specific instance based on the information submitted to the City Council by Richard Biniek. City staff has received a request &om Richard Biniek to place a 42 inch wide grave marker at Pleasant Hill Cemetery. Staff has spoken with Mr. Biniek several times and he is bringing this request to the City Council for consideration. Attached is a copy of the letter submitted to City staff by Mi. Biniek. Under the Rules and Regulations for Pleasant Hill Cemetery, monument markers are restricted to 12 inch by 24 inch for a single marker or 12 inch by 30 inch for a double marker. In the rules and regulations there is a condition under the General Provisions (13.4), which allows for modification of the rules and regulations when the City deems such action appears to be necessary. Any action taken contrary to the rules and regulations is deemed a temporary exception and should not be construed as affecting the general application of such rules and regdations. I City Council Agenda 3/7/2002 Request for 42 Inch Gave Marker at PIeasant Hill Cemetery by Richard Biniek Page 2 options The City Council reviewed a similar request fkom Mrs. Dolores Hodge in May of 2001. After meeting with Mrs. Hodge, the Council chose to grant her request for a 42 inch grave marker containing three names at the cemetery. Staff has enclosed a copy of the City Council minutes for May 15,2001. The staff is proposing an option that would allow for the installation of a 42 inch marker provided that the cost of replacing it, in the future, is covered. Currently, the cost to purchase and install this size marker is estimated to be between $750 and $1,500. The price is determined by the type of granite and the amount of engraving detail. The rationale for this option is to provide the financial resources to replace a damaged over sized marker without additional expense to the cemetery budget. The actual amount of money charged for the installation of a 42 inch marker would be based on an original invoice fkom the monument company. Background When the City of Eden Prairie was approached by the Pleasant Hill Cemetery Association in 1986 to take over operation of the Pleasant Hill Cemetery, it was done so after a full review by the Council and City Attorney’s office. Pleasant Hill Cemetery had been operated as a public cemetery for approximately 102 years under the laws of the State of Minnesota and was governed by State laws in terms of operation and management. When the Cemetery Association Board met with City staff they voiced concern that they were no longer able to manage the cemetery and desired to have this public cemetery be operated by the City of Eden Prairie. Following a full review of the proposed transfer of ownership, the stafT was requested to put together rules and regulations governing the operation of the cemetery. City staff utilized information from the Pleasant Hill Cemetery Board Members, The Minnesota Association of Cemetery Oficials, the cities of Anoka, Bloomington, Champlin, and Plymouth. In addition, the City contacted several public cemeteries in Prior Lake, St. Anthony, and Chanhassen. The staff also utilized information fiom the International City Management Association (ICMA) regarding operation and maintenance of public cemeteries. Based on all the information that was gathered, the City staff in conjunction with the City Attorney’s Office put together rules and regulations that are attached to this memo. From the staffs research, it was apparent that consistency of rules were necessary to successllly operate a public cemetery. At the time that the City accepted the operation responsibilities for the cemetery fkom the Pleasant Hill Cemetery Association, they had already put in place several rules and regulations regarding the operation of the cemetery. These rules included restrictions to flush markers, as well as regulations regarding the number of bodies that could be interred in the grave, as well as the conditions and cost related to sale of cemetery lots. The staff took this information and incorporated it into the current rules and regulations. The information regarding size of markers is found in Section 8 of the attached rules and regulations. A copy of the rules and regulations were distributed to area fbneral homes at the time of transfer of-ownership to the City ofEden Prairie. Individuals purchasing a grave are given a copy of the rules and regulations at the time of lot purchase- When staff meets with perspective buyers, we a Citg Council Agenda 3/7/2002 Request €or 42 Inch Gave Marker at Pleasant Hill Cemetery by Richard Biniek Page 3 do answer a number of questions regarding not only cost, but also operation of the cemetery, markers, flowers, and miscellaneous questions that interested individuals may ask. The staff has been consistently relating the following: Information that was given to the City at the time of transfer was that the size of grave markers was to be 12 inch by 24 inch for a single, and 12 inch by 30 inch for a double flat marker. Marker size information that has been given both verbally and in written form to individuals since 1987 has been consistent. Maintenance of the cemetery is the responsibility of the City and should a marker be damaged during the process of digging a grave, it would be the City’s responsibility to bear the cost of replacing that monument. This final point is one that did raise questions regarding the responsibility for markers not in compliance with the cunent rules and regulations. In the rules and regulations it states that the City is not responsible for repair or replacement of any damaged monuments in the cemetery. However, staff feels that it would not be prudent to walk away from the responsibility to replace a marker that may have been damaged or broken during the process of interring a body. This is of particular concern during winter months when the ground is frozen. During this period of time, a heater or frost ripping tooth is used to assist with digging in frozen ground. The larger the monument stone, the more difficult it becomes to work around that grave marker without risking damage. If the monument is damaged during the digging process it would be difficult to just walk away from responsibility to repaidreplace the marker. Staff realizes that the death of a loved one is a very emotional time in dealing with matters such as the selection of grave and placement of markers. A marker does become a very difficult decision for individuals. However, the staff feels that based on the information we have been using in the operation of the cemetery for the past 16 years, as well as the prior Cemetery Association should provide guidance for determining what is permitted in this matter. To change the marker size at this time could lead to conhsion by other individuals who were told they needed to purchase a specific size marker and discovered that larger markers are becoming more and more common. The obvious alternative to this is to amend the rules and regulations for the cemetery to allow larger size markers. Attachments: Council Minutes fiom May 15,2001 City of Eden Prairie Pleasant Hill Cemetery Rules and Regulations City Code Section 2.29 Layout Information for Pleasant Hill Cemetery Richard Biniek Letter SAl?:mdd 3 ~. .. ._... .......... ........ ,. . ....... ..... . - ...... ... .- - . - ~ ....... - .. .. . .. .. .. .. .. . .. .. .. .. .. .. , -. I __ . _. -. 5 aIYcommR.IINuTEs May 15,2001 Page 9 with regard to selecting the housing. Rils. Bedor said no; they will meet with the City to find out where development areas and will take suggestions Eom the City. Case said on paper, in reality this seems like a good way to provide affordable housing and he supported this program. He asked if the Metro Council had established a track record yet. Ms. Bedor said this is the first public housing the Metro Council has developed so far. However, the Metro Council has built the largest number of Section 8 housing in the state. Their commitment is very strong because it is a huge issue in the region. Tyra-Lukens said she is a member of the Family Housing Plan: With regard to Section 8, units are taken away when the house sells at the market value, so this program is exciting because the Metro Council has control over this. The only question is the title of the program, which is Special Projects. That name might indicate the Metro Council is not committed for the long term. Is this a program that will be evaluated in five years or is there a long-term commitment to ownership by Metro Council. Ms. Bedor said they have an executed 40-year contract with HUD. The Metro Council will be eligible for ongoing capital grants. The Council can assume this is a long-term program. MOTION: Mosman moved, seconded by Butcher, to provide general support for allowing the Metropolitan Council to acquire and operate up to 20 residential properties in conjunction with their Family Affordable Housing Program (FAHP); and adopt Resolution No. 2001-88 approving the Cooperation Agreement. Motion carried 5-0. REQUEST FOR 42" GRAVE MARKER AT PLEASANT HILL CEMETERY BY DELORES HODGE Enger said this matter was considered on April 17 by the City Council. However, at the request of Delores Hodge made at the Council Forum on May 1, the Council indicated they would be willing to have further discussion on this. Delores Hodge, 16463 Ellerdale Lane, said she was asked to come and address the problems that were brought up at the April 17 meeting. One objection made by the Council was that the City would be responsible for replacing a marker if it were damaged. However, in looking at the Rules and Regulations governing Pleasant Hill Cemetery, they clearly state the City is not responsible. Section 9.2 states "General care of the cemetery assumed by the City shall not include the maintenance, repair, or replacement of any grave marker . . ." With regard to damage being done in the event another grave has to be dug next to the marker, the lot to the right of hers already has a marker on it, and all of the graves beyond those markers are already in place, so there wouldn't be a question of damaging any markers. She asked for a 42-inch marker because she wants the three names on one marker- Putting a 42-inch marker over the double grave 6 cffycouNclL~s May 15,2001 Page 10 leaves more space on either side of each grave than would be left if she put in a 30-inch marker and a 24-inch marker separately. The rules state that, in case of hardship, exceptions to the rules can be made without in any way changing the rules. Mayor Harris asked if this 42-inch marker would span two graves. MIS. Hodge said it would, with three names on it. She wanted her twin daughters to be buried next to each other, with the marker above their graves. She planned to be cremated and place the urn in the same grave with one of the twins. Stuart Fox said there were several issues raised at the Council Forum. The first issue is that maintenance and operation of the cemetery is overseen by the Council. Once the rules are changed, they must be changed by resolution. The second issue is in terms of how the markers are set on the graves. If there is a marker covering two graves, it must be removed at the time of digging. Staff's concern is that the marker could be damaged, especially during the winter period, and the City would feel it should be replaced by the City if the City damages it. Mosman noted at the Council Forum, the size of the marker for a double grave is 12x30 inches, not 36 inches as mentioned at the April 17 Council meeting, so requesting a 42-inch marker is a 12-inch exception to the rule. If this marker is placed in the middle of two sites at this time, then when the next grave is dug, the marker will have to be removed no matter what time of year it is. The option staff had considered was to have a small marker at this time and then the 42-inch marker when the second burial plot is used. Fox replied staff gave three options: (1) The 42-inch marker to be placed across two graves and limit burial in the second grave to cremation burials so marker would not have to be moved. (2) Allow second full burial to occur and place the 42-inch marker after the second full burial, so chances of marker being damaged would be minimized. (3) Approve special unique circumstances in this case, and a waiver be signed stating that the City would not be responsible for repair if the marker is damaged. . Mrs. Hodge said she would sign a waiver or set up a contingency fund in her Will in order to get permission to place the marker. Tyra-Lukens said she would prefer to handle this as an exception with the signed waiver, and for the record, have the unique circumstances of the situation spelled out rather than passing a resolution to change the rules. Mrs. Hodge said even though the rules state that the City is not responsible, staff says if the City damages a marker the City would have to fix it, but that is not in the rules. When she signs the waiver, the City is fkeed fkom the responsibility. She found only one marker in the old part of the cemetery where the edge of a marker was chipped, so the possibility of her marker being damaged is low. Mayor Harris asked what is on the grave now. Mix. Hodge said nothing is there except an alloy marker in the ground, which was placed there one year ago tomorrow and it was upsetting to her that the grave does not have a marker. 7 CrrYCOUNcILl~ May 15,2001 Page 11 Mayor Harris said she ageed with Tyra-Lukens that this should be made an exception to the policy. Case said he would make this an exception to the.rules at this time and base it upon whatever contingencies staff wants to have; however, if the City continues to get requests, the Council needs to get more involved. Butcher said she concurred with that. This is a unique situation and Council should choose the exception option. Mi-s. Hodge said mention was made at the Forum about a perpetual fund. She understood the perpetual care fund is just for the maintenance of the cemetery grounds, so there was no reason to have any other provision for replacing the markers. However, if the waiver .is necessary, she would give the City a handwritten one. Mayor Harris asked staff what provision would cover this because they are making an exception, and also how best to fiame the language permitting a 42- inch marker. Enger suggested that the unique circumstances in this case would be to allow use of a 42-inch grave marker for three or four interments. The purpose of the larger marker is to depict three names. XI. XII. xm. Rosow said if the Council wanted an additional reason to grant an exception, MIS. . Hodge wanted a joint marker because of the twin daughters. Regarding the waiver, it would be prepared after the meeting for her signature. Fox said the record of this meeting would go into the file ,after the motion is made. If the motion were made contingent on three or four burials, there would not be any questions in the future as to what the direction was. MOTION: Case moved, seconded by Tyra-Lukens, to rescind the action to deny Mi-s. Hodge's request made at the April 1.7, 2001 Council; and approve the request as an exception for this specific instance based on the information submitted to the City Council by Dolores Hodge which they have discussed this evening, including a waiver releasing the City fiom responsibility. Motion carried 5-0. REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OF'FICERS A. REPORTS OF COUNCTLMEMBERS 1. Chemical Spraving by Lam Services - Councilmember Twa-Lakens 4’ 4’ I Pleasant Hill Cemetery This is the layout information for the cemetery. It shows the dimensions for graves and placement of the grave marker. The markers are located on the graves leaving a four-foot w&g aisle. When a marker spans two graves it must be moved during the internment process. I t 1 I 21 I Iu I \ Z w 0 I w I u x IT P 4 F. Be Commission shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd. 3. Membership. The Commission.shall consist of seven (7) members appointed by the Council Members shall have a demonstrated interest andor expertise in historic preservatioq be residents of the City; and, if available, at least two (2) members shall'be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative of the County Historical Society. Source: Ordinance No. 33-99 Effective Date: 10-5-99 TASKPORCES. See.Section 2.89. Source: Ordinance No. 7-96 Effective Date: 3-8-96 \ Subd. 1.- Name and location. The municipal cemetery, horn as the Pleasant Hill Cemetery, is situated upon land , within the City limits. Subd. 2. Mimesrota Statutes; 1990, Chapter 386. Except as otherwise provided for in this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 306, (1980, with regard to public cemeteries, is hereby. incorporated herein and adopted by reference in its entirety. . Subd. 3. Maihtenance and Operation; The Manager of Parks, Recreation and Natural Resources shall advise the 'Council on all makers pe-g to the 'development and maintenance of the Cemetery, including operation of the cemetery, status of records, upkeep of the grounds, a~ual budget for operation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution certain Written des and regulationspertaining to thecemetery. . Source: Ordinance No. 14-2000 Effective Date: 4-18-2000 . Subd. 4. Rules and Regulations Governing Municipal Cemetery. It shall be unlawful for any person to: A. Drive a motor vehicle &to. the cemetery unless attending a funeral, i.iSiting a relative's or friend's grave site, or carrying on maintenance work authorized by the City. Drive or park any motor vehicle across or upon any grave or lot. B. C. . D. E. I?. G. Drive any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. Engage in loud or boisterous talking or playing of music. Bring food or rehsbments into the cemetery or consume them on the grounds. Allow dogs or other pets on the cemetery grounds with the exception of seeing-eye dogs. Engage in peddling or soliciting &e sale of any commodity within the cemetery grounds. .. .: H. . Place signs, notices, or advertisemenis of any kind within the cemetery gromds. 2-15 1. Interments 1.1 Lot Owners are only granted the right of interment in their lots. The City of Eden Prairie reserves the right to refuse to permit interment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the lot must accompany all requests for permits to bury persons not members of the immediate family of the lot owner. No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the funeral service. 1.2 1.3 No casket shall be interred within the cemetery grounds unless iirst properly enclosed in a concrete vault or box. Ashes must be placed in an urn prior to burial. 1.4 Prior to interment, in the event that an owner of a lot or funeral director fails or neglects to inform the City of the specific location of where the burial is to take place, the City of Men Prairie reserves the right to designate the location csf said interment. Hn the event that an owner of a lot or a funeral director fails or neglects to inform the City of specific dimensions of the vault to be used in said interment, the City shall assume the dimensions to be that of a normal, average vault, and shall act thereon without assuming any liability in the event that the actual dimensions are different. Information as to the specific location of the intended interment and the specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result in any liability on behalf of the City. 1.5 The owner of the lot and/or funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. 1.6 No interment of two or more bodies shall be made on one-grave except in the following cases: (1) (2) (3) (4) A parent and child may be buried in one casket. Two infants may be buried in one casket. Two urns of ashes may be buried on one grave. One body in a caslcet and one urn of ashes may be buried in one grave. 2. 3. 4. 1.7 1.8 1.9 No interments may be made in the cemetery unless all the ordinances, rules, and regulations regarding interments have been complied with and until the purchase price of said lot and all burial fees are paid, or arrangenents have been made with the City to pay for such costs. No interment or removal shall be permitted on any Sunday or any legal holiday, except in the case of death attributed to a contagious disease. The cost of interments, including the burial of ashes, shall be determined by the City, and is subject to change. A current fee schedule may be obtained at the City offices. Delay of Interment 2.1 The City of Eden Prairie will not be liable for 'any delay in the interment of a body when a protest to the intement.has been made or where failure to comply with rules and regulations result in delay of interment. Disinterments . 3. 1 Before hy grave may be opened for any purpose, written permission of the next- &kin of the body to be disintered shall be filed with the City, along with written permission of the lot owner, unless said lot owner is predeceased. Notice of disinterment must be given to the City at least one (1) month prior to the scheduled event. This provision does not apply when disinterment is ordered by a duly authorized public authority. The costs of disinterments shall be determined by the City, and shall be the same as the current cost of interments. . 3.2 Conditions of Lot Purchases 4.1 4.2 4.3 All lots will be sold subject to these rules and regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the lot, that their rights are subject to such reasonable rules and regulations as the City Council may adopt. The deed, as well as these rules and regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the lot owners. No lot shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the rules and regulations of the cemetery. No easement or right of interment is granted to any lot owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such road, drive, alley or waLkway may be used as a means of access to the owner's cemetery lot or lots. 4.4 In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (a) cancehg such conveyance and substitu&g and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (b) refunding the amount of money paid on account of said purchase. 5. Burchase of Lots 5.1 All fees, costs, or charges shall be set by the City and are payable to the City of Elen Prairie at the City offices located at 8080 Mitchell Road, Elen Prairie, Minnesota. Upon full payment of the purchase price of the lot or lots, the City of Eden Prairie will issue a cemetery Deed conveying the lot, executed by the City, and the Deed shall be recorded in the records of the City. Description of the lots will be in accordance with the cemetery plats, which are kept at the City offices. 5.2 6. Transfer of Lots 6.1 , Hn order to transfer a cemetery lot to another, the owner must complete a Transfer of Ownership document provided by the City, and have the same signed by a witness and notasized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of a lot by the owner. The owner of a lot may transfer said lot to: (1) The City of Eden Prairie at the origind sale price, or if the original price is unknown, the resale price shall be the current sale price for a similar lot; . (2) any surviving relative by will for the use and benefit of the person designated in the wiu; (3) (4) any person who is a resident of the City of Eden Prairie; or any other person approved by the City of Eden Prairie upon application by the owner of the lot. When a transfer has been made in conformance with these rules, the CiQ will issue a deed to the new owner upon surrender, of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. 6.2 No lot or grave will be permitted to be re-sold, disposed of, or otherwise used until the purchase price, and all unpaid fees, costs or charges have been paid in full. 6.3 No cemetery lot or grave may be re-sold or otherwise disposed of without prior approval of the City. 6.4 Lot owners may not allow interments to be made on their lots for remuneration unless the transfer of lot process has been completed and approved by the City. 7. Descent of Lots 7.1 On the death of a lot owner, such lot shall be granted and conveyed by the City . to any of the deceased's parents, descendants or siblings, pursuant to the Minnesota Intestate Succession Laws, Minn. Stat. $525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the lots in question are received by the person who would be entitled to receive them. . fZ-J Every grave marker must be placed in the space reserved therefor as shown upon the plat of such lot, or as directed by the City. 8.2 No monuments will be dowed in the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to, 12"x24"~4" for a single, flat maker and 12"~30~~x4" for a double, flat marker, unless otherwise approved by the City. 8.3 No marker, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. No foundation will be required for markers, which shall be set level with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to * 8.4 . proper placement. \ 8.5 Four-inch wide white, cement skirts around markers will be allowed in the cemetery. It will be the responsibility of the owner to have the marker set, however in the event it is set in the white cement, the City'shall supervise the work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. 8.6 No marker may be placed in the cemetery until payment of the entire marker setting fee have been made to the City of Eden Prairie. 9. Permanent Care 9.1 The general care of the cemetery is assumed by the City and includes the , following: (1) (2) (3) (4) cutting of grass at reasonable intervals; raking and cleaning the grounds; pruning of shrubs and trees; and maintaining the general preservation of the lots and grounds, walks, roadways, boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired. 9.2 General care of the cemetery assumed by the' City shall not include the maintenance, repair, or replacement of any grave marker or memorial placed or erected upon lots, not shall it include any. special or unusual work in the cemetery. 10. kandscar>ing Immovements and Decorative Foliase 10.1 Plants and flowers may be placed in pots on stands at grave sites. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed prior to routine cutting of the grass. 10.2 No trees, shrubs, or vines maybe planted, nor may any fences be erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flower which may become'unsightly, dangerous, diseased, or not in keeping with the landscape design of the cemetery. Pots and stands should be removed by November 1st of each year and can be replaced at the appropriate grave site beginning May 20th of each year. If pots and stands are left year-round, the City shall not be responsible for the damage, destruction, or loss thereof. 10.3 10.4 All landscaping, grading and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept flush with the adjacent ground. 10.5 The City will make water available to lot owners for care of flowers.and plants in pots and stands from May 20th to October 20th of each year, depending on the weather andlor general availability of water. 11. Cemetery Management 11-1 The responsiiility for the management of the Pleasant Hiu Cemetery and all matters related thereto shall be vested in the City. 11.2 The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours 12.1 The cemetery will be open daily to visitors during the hours of 7:OO a.m. to sunset. Permission to enter at all other times shall be secured from the City. The city reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery’s facilities, at any time, to any person or person whom the City may deem objectionable in consideration of the best interest of the cemetery. 13. General Provisions 13.1 Persons within the cemetery shall use only the paths and walkways, and no one is permitted to walk upon or across lots or graves unless it is necessary to do so to gain. access to one’s own lot. The City expressly disclaims any &ability for any injuries sustained by anyone violating this rule. 113.2 Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring . any tree, shrub, plant or other structure within the cemetery grounds. 13.3 The following acts in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: . (1) The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or fiiend’s grave site, or carrying on maintenance work authorized by the City. (2) . The driving or parking of any motor vehicle across or upon any grave or lot. (3) The.driVing of any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. (4) (5) Loud or boisterous talking or music. Bringing lunches or refkeshments into the cemetery or consuming them on the grounds. (6) Dogs and other family pets are not permitted on the cemetery grounds, with the exception of seeing eye dogs. Peddling or soliciting the sale of any commodity within the cemetery (7) grounds. (8) Placing of signs, notices, or advertisements of any kind within the cemetery. (9) Bringing firearms into the cemetery except by military- escort accompanying aveteran’s funeral, attending memorial services, or by police officers. pecial cases may arise in which the literal enforcement or interpretation of a rule to make exceptions, suspensions, or modifications of any of these rules and regulations, when the City deems that such action appears to be necessary. Such a temporary exception, suspension, or modification shall in no way be constsued as affecting the general application of such Rules and Regulations. impose an unnecessary hardship. In such cases the City reserves the right 13.5 The City of Eden Prairie reserves the right to remove all monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. Specific costs for lots, interments, disinterments, burial of ashes and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedde of fees can be obtained at the City offices. 13.6 13.7 The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. cemetery/Stu60 December 28,1994 I DATE: I I CITYCOUNCILAGENDA I SECTION: Appointments I March 7y 2o02 I 2002 Board and Commission Appointments Requested Action Move to: Move to: Move to: Move to: Move to: Move to: Appoint to the Community Planning Board Ken Brooks, Vicki Koenig, and David Steppat - Terms to expire 3/3 1/2005 Appoint to the Board of Appeals & Adjustments Cliff Dunham, Michael O’Leary, Randy Stroot and Anthony Ramunno - Terms to expire 3/3 1/2005 Appoint to the Heritage Preservation Commission Jennie Brown, Kati Simons and Elise Kist - Terms to expire 3/3 1/2005 Appoint to the Human Rights and Diversity Citizen Advisory Commission Balu Iyer and Jeffrey Strate - Terms to expire 3/3 1/2005 Appoint to the Art & Culture Commission Ann Birt - Term to expire 3/3 1/2003 Susan Dickman and Cari Grayson - Terms to expire 3/3 1/2004 Dianne Fesler and Freinde Mills - Terms to expire 3/31/2005 Appoint to the Parks, Recreation and Natural Resources Commission Dick Brown, Munna Yasiri, Philip Wright, Rob Barrett, Kim Teaver - Terms to expire 3/3 1/2003 Therese Benkowski, Jeffi-ey Gerst, David Larson, and Trisha Swanson - Term to expire 3/3 1/2004 Synopsis Board of Adjustment and Appeals Cliff Dunham has served two three (3)-year terms on the Board of Adjustment and Appeals; therefore, reappointment will require unanimous approval of the full Council. Parks, Recreation and Natural Resources Commission The City Council approved restructuring of the Parks, Recreation and Natural Resources Commission in early 2002. This Commission will be made up of members of the former Parks and Recreation Citizen Advisory Commission and the defunct Program Board. Background The City Council held Board and Commission interviews on Tuesday, February 26,2002. Nineteen candidates applied for consideration; seven of which are seeking reappointment. 17 candidates have been designated for appointment on March 7,2002. I CITY COuNclL AGENDA SERVICE AREA: ITEM DESCRIPTION: APPOINTMENTS TO 2002 BOARD OF APPEAL AND EQUALIZATION MANAGEMENT SERVICES DATE: March 7,2002 ITEM NO.: Ti Requested Action Move to: Appoint to the Board of Appeal and Equalization Mike Best, Judy Ilstrup, Doug Malam, Annette O’Connor and Patricia Pidcock for the period of April 25,2002 through May 14,2002. The proposed members for council approval are experienced real estate professionals with knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Judy Ilstrup of Edina Realty is involved in the sale of single family properties in the southwest metro area. Doug Malam of REMAX Results is involved in the sale of single family properties in the southwest metro area. Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of Single family properties in the southwest metro area and a former member of the Eden Prairie City Council. Background From 1992 through 2001 the City has appointed a Special Board of Appeal and Equalization (formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confinnation by the City Council. The City pays the members a per diem payment of $50 for each meeting attended. I CITY COUNCIL AGENDA SECTION APPOINTMEPITS SERVICE ITEM DESCRIPTION: AREADMSION: Council Boards and Commissions Appointments of Chairs and Vice Chairs to the Requested Action Move to: Move to: Move to: Move to: Move to: Move to: Move to: DATE: March 7,2002 ITEM NO.: m1Q. Appoint - Chair and - Vice Chair of the Community Planning Board Appoint - Chair and -Vice Chair of the Board of Appeals and Adjustments Appoint - Chair and - Vice Chair of the Heritage Preservation Commission Appoint - Chair and - Vice Chair of the Parks, Recreation and Natural Resources Commission Appoint - Chair and - Vice Chair of the Human Rights and Diversity Citizen Advisory Commission Appoint and Culture Commission - Chair and - Vice Chair of the Arts Move to: Appoint Patricia Pidcock - Chair and Mike Best - Vice Chair of the Board of Equalization and Appeals Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. Due to a shortened timeline this year, Board and Commission appointments and Chair and Vice Chair appointments are being made at the same meeting. City Code Section 2.22, Subd. 5 Officers states, “the Council shall in March each year choose a chairperson and vice-chairperson for a Board, Commission and Citizen Advisory Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board, Commission, or Citizen Advisory Commission before becoming eligible for appointment as a chairperson.” I MEMORANDUM TO: Mayor and City Council FROM: DATE: February 28,2002 Don Uram, Financial Services Director SUBJECT: Summary of 2001 Airport Expenditures Following is a summary of expenditures incurred to-date by the City of Eden Prairie for the Flying Cloud Airport expansion: . 2002 - costs - 2001 - Legal Lang, Pauly, Gregerson & Rosow $ 54,866 $12,411 Akin, Gump, Strauss, Hauer & Feld, L.L. 277,432 75,148 Other Website Staff Time (estimated) Scott Kipp ($40/hr.) 0 - Other Staff ($54/hr.) 15,163 20,800 8,000 Assuming that an agreement can be reached with the MAC, Staff estimates that expenditures (not ixluding staff time) in 2002 could total $350,000. Funding for these expenditures will come f?om unreserved fund balance.