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Home My WebLink AboutCity Council - 03/04/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 4, 2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS • Immigrant Services IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) • Jody Russell—Proposed Concealed Carry Legislation VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 4, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD FEBRUARY 18, 2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18,2003 (p. 5) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 14) B. ADOPT RESOLUTION REQUESTING HENNEPIN COUNTY CONVEY OWNERSHIP OF TAX FORFEITED LAND (OUTLOT B,RAVEN RIDGEZ TO THE CITY OF EDEN PRAIRIE (p. 15) C. J.R. CUMMINS HOME AND RILEY-JACQUES FARM ARCHITECTURAL SERVICES AGREEMENT Approve architectural services agreement with Miller Dunwiddie Architects, for improvements at the J.R. Cummins Home, located at 13600 Pioneer Trail, and Riley-Jacques Farm, located at 9100 Riley Lake Road. (p. 17) D. ADOPT RESOLUTION REVISING THE SOUTHWEST MUTUAL AID ASSOCIATION AGREEMENT (p. 53) E. AUTHORIZE RELOCATION OF THE TOTLOT ON WEST SIDE OF ROUND LAKE PARK AND PROVIDE FOR NEW PLAY EQUIPMENT (p. 56) CITY COUNCIL AGENDA March 4,2003 Page 2 F. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT CRESTWOOD PARK PLAYGROUND TO WEBBER RECREATIONAL DESIGN INC. (p. 57) G. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT FRANLO PARK PLAYGROUND TO FLANAGAN SALES, INC. (p. 58) VII. PUBLIC HEARINGS /MEETINGS A. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) (Continued from 2/18) (p. 59) B. THREE RIVERS ANDERSON LAKES PARK PLAN A public meeting to review the park plan for Anderson Lakes Park (p. 62) C. PROPOSED LAYOUT FOR TH 169 INTERCHANGE IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL (CSAH 1) (RESOLUTION) (p. 82) D. 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (RESOLUTION) (p. 87) VIII. PAYMENT OF CLAIMS (p. 91) IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 2.25 AND 2.26, RELATING TO BOARD OF ADJUSTMENTS AND APPEALS (p. 100) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05,RELATING TO FIREWORKS (p. 102) C. ADOPT RESOLUTION REQUESTING FUNDING FOR CONSTRUCTION OF NEW TRUNK HIGHWAY 212 (p. 105) X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS CITY COUNCIL AGENDA March 4,2003 Page 3 A. DIRECTOR OF EMERGENCY MANAGEMENT (p. 107) B. 2003 BOARDS AND COMMISSIONS (p. 109) C. 2003 BOARD OF APPEAL AND EQUALIZATION (p. 110) D. 2003 CHAIR AND VICE CHAIRS OF THE BOARDS AND COMMISSIONS (p.111) XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Clean Air Task Force (p. 122) C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Update on ABLE Cooperative Agreement(p. 116) 2. Update on Leisure Education Program (p. 118) 3. Update on NIRI Conference D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT A- . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 18,2003 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS • Clean Air Task Force Neal said this topic was being revisited from late 2002 at the request of the Council. He referred to two memorandums (dated October 11 and November 5, 2002)he prepared for the Council as part of their discussion of a proposed clean air task force. He said the proposed taskforce structure is based on a taskforce he participated in when he was City Administrator in Northfield. Neal also referred to several Star Tribune articles from late 2002 regarding passage of new air quality rules by the State of Minnesota. Those rules,which become effective in September 2003, apply to workplace smoking,with the exception of bars and restaurants. Councilmember Mosman said she called the Depai linent of Health to get an update on the new rules. She said it sounds as if the rules will not have as much impact as they would have a couple of years ago. Lots of companies have already made changes in ventilation, etc. Mosman said she feels the City can do something to work along with these new regulations. Case said he thinks the Council owes it to the residents to go the next step. He is committed to not dropping the ball, and thinks we need to investigate further. Case said he particularly likes the education portion of the taskforce design Neal provided. He would like to get all of the restaurants together to see what voluntary agreement they can come to, i.e., smoke-free lunches. Butcher said she also likes Neal's taskforce outline,but feels the taskforce should be allowed to do the research and make their own recommendations. They can come up with their own objectives. Tyra-Lukens agreed. Young said he feels the Council needs to be clearer about their objective from the outset, or the City will suffer from huge PR problems again. He said if residents and business owners think the Council is considering legislating smoking,potential land buyers will be scared away. He said there must be clear expectations and boundaries, and legislative and enforcement decisions should not be delegated to a taskforce. Tyra-Lukens said it is her impression that Neal's proposal is asking more for consideration and discussion of the issues. Case said he agreed with Young's point about not wanting to lose control of a taskforce. Case said he recalled a recommendation to have two Councilmembers serve as members of the taskforce. This would ensure the taskforce would not get off track. He said they would need enough freedom to be creative,but it would be important to remind them they are not a policy-making body. Young said that although he believes there is a role for cities to play in this issue, the legislative piece is problematic. The Council agreed that Councilmembers should serve on the taskforce. City Attorney Rosow pointed out that the City Code currently does not allow Councilmembers to serve as voting members of taskforces,but that they are allowed to serve as ex-officio members. It was agreed that Neal and Mayor Tyra- Lukens will draft a taskforce charter to be presented to Council at the March 18, 2003, meeting for consideration. • Council Expansion Mayor Tyra-Lukens said the possibility of expanding the Council to seven members was first brought up by Mayor Harris a couple of years ago and was raised again during the last election. She said the Council needs to decide if they want to take any action on the issue at this time. She stressed that she has consistently heard people saying they do not want to go to a ward system. Mosman said it is first necessary to determine if there is a problem with lack of representation on the Council, and if so,would raising the number of Councilmembers address the problem. She said they also need to look into practical issues, such as costs associated with expanding the Council. Butcher said some residents have mentioned the fact that the school board has seven members, so perhaps the Council should too. Young said he has also had people inquire about a seven-member council,but he agrees with Mosman that any decision to make the change would ultimately be subjective. Rosow pointed out that the City would have to hold a referendum to expand the Council. Neal said that most comparable cities he knows of have a Mayor and 4-member Council, similar to Eden Prairie's. Case said he feels that making the Council larger and more cumbersome is probably not necessary. Neal said the Council needs to determine if pursuing this issue is a priority. Tyra-Lukens and Butcher both stated they feel it is not a priority at this time. • Board of Adjustments and Appeals Neal referred to a letter from Board of Adjustments and Appeals Chair Cliff Dunham indicating the Board has discussed the possibility of folding their duties in with those of the Planning Board. Dunham said the Board members have no objection to this idea,particularly since the number of issues they have had to address over the past several years is decreasing. Case asked if folding the Board of Adjustments and Appeals in with Planning would result in much longer meetings for the Planning Board. Neal said they could meet a half-hour earlier when there are Adjustments and Appeals issues to be addressed. Uram said the majority of issues that the Board of Adjustments and Appeals addresses take only about 10 minutes. Butcher asked if Board of Adjustment and Appeal members might be offered membership on the Planning Board. Case agreed that the Council does not want the Board of Adjustment and Appeals members to feel disenfranchised if their Board is disbanded. Tyra- Lukens suggested contacting the members right away to let them know they have the option of applying for a spot on the Planning Board. • Council Compensation Neal distributed information about Council compensation in Eden Prairie and nearby communities with similar demographics. He said the Council is not being asked to make a decision about this issue tonight. Young said he is still struggling to completely understand how Council compensation works, since per diems and other stipends aren't listed in the salary figure. Neal said he will research the topic further if the Council wishes. Mosman said that although it is only symbolic, she is concerned about what it means for Eden Prairie Councilmembers to be paid less than in other communities. Young said the Mayor's salary in particular seems low. Tyra- Lukens said she would want to have the salary stay toward the lower end of the scale. She likes that Eden Prairie Councilmembers receive additional per diems for the additional committee work they take on. Tyra-Lukens said she feels the Council does owe it to future candidates to discuss compensation, since their last raise was in 1992. Case said he agrees but, considering the current state budget crunch,now is probably not the time to make a decision. The Council agreed to discuss this next year. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. EDEN PRAIRIE COMMON GROUND—Drake Talbert Talbert said he was representing Eden Prairie Common Ground, a consortium of six Eden Prairie Churches that was formed in 1995. Common Ground provides financial support for the Hope Project, PROP, Bridging, Eden Prairie ABC, and SHAPE. They are also actively involved in Habitat for Humanity work. So far they have worked on seven homes, including the Habitat house on Oxbow Lane. In 2002, Common Ground also helped star up a Native American Community Health Clinic in the Philips neighborhood of Minneapolis. Talbert said Common Ground was asking the Council to help them address the need for affordable housing in Eden Prairie. They are asking the City to consider helping them locate affordable properties and to provide a staff contact to the organization. Case and Tyra-Lukens said they think the Habitat work Common Ground is doing is incredible. Case said they are filling a need that is not being 3 adequately met, and he feels the City should provide as much support as they can. Neal said Economic Development Manager David Lindahl might be an appropriate staff contact. Neal said the City would have to do more research into whether or not donating land is legislatively allowed. Butcher agreed that the Councilmembers are definite champions of this cause and urged Neal to appoint a staff contact. W. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 18,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Manager of Parks and Natural Resources Stuart Fox,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage. I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced that Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists 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 Department 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, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added an update on the Jean Harris award and scholarship. Tyra-Lukens added discussion on a bill in the Legislature to Reports of Councilmembers. MOTION: Case moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. Mosman announced that there is a deadline of March 3, 2003 for the Jean Harris scholarship and there have not been many applicants thus far for the two awards of$1000 each. She said requirements and information on the scholarship are on the City website. V. MINUTES A. COUNCIL WORKSHOP HELD FEBRUARY 4, 2003 MOTION: Butcher moved, seconded by Mosman, to approve as published, the Minutes of the Council Workshop held February 4, 2003. Motion carried 5-0. 5 CITY COUNCIL MINUTES February 18,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 4, 2003 City Attorney Ric Rosow noted that the record should reflect that it was Attorney Jennifer Inz rather than Joseph Nilan who attended the meeting. MOTION: Mosman moved, seconded by Young,to approve as published and amended,the Minutes of the Council Meeting held February 4, 2003.Motion carried 5-0. VI. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE NO. 2-2003 AMENDING CITY CODE, CHAPTER 9, BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS (PAINT GUN ORDINANCE) B. APPROVE CHANGE ORDER NO. 2 FOR GLENSHIRE ADDITION AND WATER TREATMENT PLANT WETLAND MITIGATION IMPROVEMENTS,IC. 98-5467/02-5572 C. ADOPT RESOLUTION NO. 2003-33 APPROVING SUBMITTAL OF APPLICATION FOR 2002 HENNEPIN COUNTY RESIDENTIAL RECYCLING FUNDING POLICY GRANT D. APPOINTMENT OF ASSISTANT WEED INSPECTOR E. APPROVE 2003 AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL F. APPROVE 2003 TOWING SERVICES AGREEMENT G. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN BLOOMINGTON,EDEN PRAIRIE,EDINA AND METROPOLITAN AIRPORTS COMMISSION FOR CONSTRUCTION OF A PUBLIC SAFETY TRAINING FACILITY H. ADOPT RESOLUTION NO. 2003-34 APPROVING AMENDMENT TO THE PROJECT MANAGEMENT AGREEMENT FOR BLUFFS AT NINE MILE CREEK APARTMENTS (FORMERLY HEIGHTS AT VALLEY VIEW) I. ADOPT RESOLUTION NO. 2003-35 RELATING TO CITY MEMBERSHIP IN THE HABITAT FOR TECHNOLOGY Mosman commented on Item I. She said it should be noted that City Manager Scott Neal is on the board for Habitat for Technology and will help Councilmembers stay aware of what is happening with the group. She also asked how problems with paint guns are reported(Item A). Stuart Fox said it is easiest to contact the Police Department regarding problems. CITY COUNCIL MINUTES February 18,2003 Page 3 Neal noted that a couple of changes to the Habitat for Technology resolution were incorporated into the current draft of the document. MOTION: Case moved, seconded by Butcher,to approve Items A-I of the Consent Calendar.Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. WILLIAMS PLACE By Pemtom Land Company. Request for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, from Industrial to Low Density Residential on 1.37 acres;Planned Unit Development Concept Review on 49.33 acres;Planned Unit Development District Review on 49.33 acres,Rezoning from Rural to R1-13.5 on 38.10 acre,Rezoning from Rural to RM- 6.5 on 6.46 acres; Site Plan Review on 6.46 acres; and Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook Road. (Resolution No. 2003- 36 for PUD Concept Review,Resolution No.2003-37 for Comprehensive Guide Plan Change,Ordinance for PUD District Review and Zoning District Change, and Resolution No. 2003-38 for Preliminary Plat) City Manger Scott Neal said official notice of this public hearing was published in the February 6,2003,Eden Prairie Sun Current and sent to 162 property owners. He said this residential project includes 79 single family homes and 48 townhouses. Guide plan changes are required for 6.17 acres of the property from Low Density Residential and Industrial to Medium Density Residential and from Industrial to Low Density Residential. Waivers are required for lot, size, lot frontage, setbacks, and density.Neal said a presentation will be given by Mr.Dan Herbst of Pemtom Land Co. and City Staff is also available to answer questions. Herbst gave a synopsis of the project,noting that approval was recommended by the Planning Board by vote of 6-1. City Planner Michael Franzen summarized the applicant's responses to Planning Board conditions. Mark Schwartz, 9303 Coldstream Lane, spoke in support of the modified proposal and also the residents involved in the process to find reasonable solutions.He also requested consideration of appropriately located stop signs at key 3-way intersections within the development; early implementation of traffic light control at the intersection of Anderson Lake Parkway and Homeward Hills Road; and opportunity to provide input on plans for the upgrade of facilities at Creekwood Park Tammy Schluder, 8936 Darnell Road, secretary for the Homeowner's Association for the Darnell neighborhood, said nobody from Pemtom has spoken to her group. She said the group is concerned whether a new traffic study has been made with the new proposal;whether there is a possibility of a cul-de-sac off the Darnell neighborhood; and if thought was given to the traffic levels through Darnell with the expansion of Anderson Lakes Parkway. She said traffic is the main concern and asked Council to keep an open mind to directing traffic through Aztec Road rather than Darnell. CITY COUNCIL MINUTES February 18,2003 Page 4 Public Works Director Eugene Dietz said an additional traffic study is not necessary because traffic volumes are based on an overall 20 percent reduction in the number of units,with total traffic at a 15 percent reduction in the Darnell neighborhood.He said the original proposal relied on connections through Darnell, Coldstream and Princeton and it is now important to have an interconnected residential street system to provide access to surrounding roads. City Engineer Al Gray explained the street system pattern through the neighborhood, and access to Route 212. Butcher asked Dietz about the early traffic light at Route 212. Dietz said a mitigation issue was the possibility of a traffic signal being constructed earlier rather than later at Anderson Lakes Parkway and Homeward Hills Road.He said it marginally meets signal warrants and there is the possibility of placing a temporary signal there until an eventual permanent signal.Butcher asked when Anderson Lakes Parkway is slated for improvement. Dietz said it's in the 2007-2015 timeframe. Tyra-Lukens asked if there are any stop signs within the neighborhood at the three- way stops.Dietz said it has not been looked at,but the possibility of three-way stops will be investigated. MOTION: Case moved, seconded by Butcher,to close the Public Hearing and adopt the Resolution for Change from Industrial to Medium Density Residential on 1.9 acres, from Low Density Residential to Medium Density Residential on 2.95 acres, and from Industrial to Low Density Residential on 1.37 acres; and adopt the Resolution for PUD Concept Review on 49.33 acres; and approve 1st Reading of the Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 on 38.10 acres and rezoning from Rural to RM-6.46 acres; and adopt the Resolution for Preliminary Plat of 49.33 acres into 84 lots, 6 outlots and road right of way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and direct staff to issue a Land Alteration Permit to Pemtom Land Company. Mosman commented about the location of the wetlands and the possibility of a corridor for plant materials and wildlife. She said she would like to see the City look for the possibility of having more than symbolic ponds. Case said this is the last 30 to 40-acre site being reviewed and has been in the works for eight years.He said what makes the traffic flow work well is the connections.He said he is pleased to vote for a project that is so well-received and well thought out. Butcher gave credit to the staff,the developer and the neighbors. She said it was an exemplary process in bringing everyone together at the table, and she appreciates everybody's efforts in it. She said she feels good that the traffic study determined that there will actually be less traffic. Motion carried 5-0. CITY COUNCIL MINUTES February 18,2003 Page 5 B. MEYER ESTATES by Larry and Judith Meyer. Request for Preliminary Plat of 1.15 acres into 2 lots. Location: 16519 Pioneer Trail. (Resolution No. 2003-39 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the February 6, 2003,Eden Prairie Sun Current and sent to 60 property owners.He said the proposal is to subdivide the 1.15 acre site into 2 lots to permit the construction of an additional single-family home. The Community Planning Board voted 7-0 to recommend approval of the Plat at its January 27, 2003 meeting. This site and surrounding property is currently zoned R1-22. All lots meet City Code for size, dimension and setback requirements. The new home will be served with City water and sanitary sewer. The existing house will continue to utilize the private well and septic system,until which time the septic system fails and is required to connect into City sewer. There is one 14 caliper inch significant tree on the property. The tree is located within the area of the proposed house pad and will be removed. Tree replacement required is 19 caliper inches,which is shown on the plan.Neal said Jacob Meyer is here this evening representing the family. There were no public comments. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing; and adopt the Resolution for Preliminary Plat of 1.15 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. C. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Resolution for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the February 6, 2003,Eden Prairie Sun Current and sent to 14 property owners. He said the proposal is for subdividing two existing single-family lots to create a third single-family lot. The Community Planning Board voted 4-3 to recommend approval of the project at its January 27,2003 meeting. The Board recommended approval of the proposed waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. This site and surrounding property is zoned R1-22. All lots meet City Code for size, dimension and setback requirements. Neal said the project is subject to the shoreland code since it abuts Bryant Lake. All lots conform to the code. Within a shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. Significant tree loss is 447 caliper inches, or 20%. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. CITY COUNCIL MINUTES February 18,2003 Page 6 Neal said Mr. Lemettry and Mr.Paul Thorpe are both present tonight and available for comment. There was no public comment. Case mentioned the 4-3 split vote by the Planning Board. He asked if noncompliance for setbacks was being created in the existing homes and existing driveway on Lot 3. Franzen said there is a 3-foot setback requirement. Case asked if a house could be put on the lot reasonably well. Franzen said requirements are met through how the measurement is determined. Case said he is comfortable with it,but he appreciates the split vote because it helps the Council not set precedence. Bob Franzen, 6851 Beach Rd.,read a letter from his neighbor Bob Carlson who wrote in opposition of the project. Mr.Franzen stated he does not see how the trees at the top of the hill will be replaced and he does not like the idea of"shoehorning" new lots into this area, and the precedent here is not a good one. Stuart Fox spoke about the tree question. He said when the tree preservation ordinance was developed, it was written for undeveloped land. He said based on the mitigation requirements of 122",trees are being placed along the driveway and also on the front yard of the lot next door. Case was concerned about damage to Lot 2.Fox said Lot 2 is basically where the tree loss occurs. Fox said basically it involves taking the land in total, counting up all the trees on it, and then subtracting trees on Lot 2 being lost for the house,but the credit is being spread out for all three lots. Jim McNeal of 7251 Willow Creek Road, said his property is directly across the lake from this property and he is devastated to see people making lots out of other lots. Bruce Paradis of 12530 Beach Circle said proposed Lot 1 was recently developed and there was a large amount of trees taken out of that lot. He spoke in opposition of the proposal because of the tree loss, and said he is opposed to subdividing lots on the lake. MOTION: Young moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the R1-22 Zoning District on 3.2 acres; and adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case said he was concerned about addressing this same issue down the road and said he is feeling unsure about voting in favor of it. Tyra-Lukens said she is uncomfortable with the entire parcel of land not meeting the Code coming out of another parcel of land. 9 CITY COUNCIL 1 IINUTES February 18,2003 Page 7 Butcher asked the City Attorney if there are ramifications if the Council does not approve this tonight. Rosow said yes,the record should reflect that although Councilmembers are talking in general terms,the project does not meet all the requirements because there are waivers required. He said Council is not required to give waivers,nor can Council be arbitrary in giving waivers. Mosman suggested that Council work with Staff,possibly at a workshop, to talk about general direction. Young said property owners have the right to expect that they have rights to do certain things with their property, and they have a right to expect that when it comes to doing things with their land,they can do so as long as they meet the City Code, and other requirements. Franzen stated Council has at least 30 days before the 120-day clock expires for this application. Case suggested conducting a workshop for a site visit, legal discussion, and to study variances needed, and implications and ramifications. Young and Case withdrew their motion and second. MOTION: Case moved to continue the Public Hearing until Tuesday,March 4, 2003. Seconded by Mosman, motion carried 5-0. Tyra-Lukens asked that Councilmembers with concerns on this topic relay them to Mr.Neal who will provide the information to the entire Council. D. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF SOUTHWEST STATION,VACATION 03-04 (Resolution No. 2003-40) City Manager Scott Neal said official notice of this public hearing was published in the January 23, 2003,Eden Prairie Sun Current and sent to two property owners. He said North American Properties has requested this vacation to allow reconfiguration of the pond and construction of a deck over a portion of the pond adjacent to restaurants proposed on the site. The pond exclusively serves the Southwest Station site and will be maintained by the property owner. Vacation of the easement will not affect the function of the pond. Neal said Staff recommends approval. There were no public comments. MOTION: Butcher moved, seconded by Case,to close the public hearing; and adopt the resolution vacating the drainage and utility easement over part of Southwest Station. Motion carried 5-0. VIH. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra- Lukens voting"aye." CITY COUNCIL MINUTES February 18,2003 Page 8 IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. Update on the Business Retention/Economic Development Program— David Lindahl,Economic Development Manager Lindahl said the group has been meeting with CEOs and presidents of Eden Prairie businesses since September and the purpose of the meetings has been to renew relationships with the business community. He said the group has met with 35 businesses so far and all have stated their appreciation for the meetings. He named all businesses and said meetings should be held with nearly 80 businesses by the end of the year. He said there have been issues regarding geese in the area. He said there are 2200 businesses in the area.Neal thanked Lindahl for doing a good job with this. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Summary of the City Manager's Six Month Evaluation— Mayor Tyra-Lukens Tyra-Lukens gave a summary of the evaluation and said Neal was accoladed for his professionalism,presentation skills, awareness of need for change, trust by employees and open communication. She said Council is pleased with the decision to hire Mr.Neal. She said Councilmembers Young and Case will be working as part of the annual performance review team for Mr. Neal. 2. Tyra-Lukens also stated concerns about a bill that recently passed through the House Civil Law Committee that makes it easier for any non-felon to carry concealed weapons in public places. B. REPORT OF CITY MANAGER 1. Summary of Council Strategic Planning Session and Future Timetable— Scott Neal, City Manager Neal said there was a retreat held Feb. 7-8 where productive planning took place. He said notes from the retreat will be used to draft a preliminary strategic plan that will be provided to the Council on March 11, 2003. C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES February 18,2003 Page 9 1. Disposition of Edenvale Outlots—Gene Dietz,Public Works Director Dietz gave the history of when and how the outlots in the Edenvale neighborhood were created. He stated that the significant change is that the area was originally planned to be mostly multi-family and that the actual development has been predominantly single family. Single family homeowners associations tend not to be viable, since there is usually not hired staff to manage the affairs in contrast to multi-family projects where exterior maintenance creates the need for paid management. Therefore,he recommends that the 21 outlots in the neighborhood would be better managed as open space if they were owned by the City of Eden Prairie. Tyra-Lukens asked how we are now dealing with the creation of new outlots. Dietz said that outlots are still being created in multi-family projects that are owned by associations,but that outlots in single family areas tend to be owned by the City. However,these tend to be much larger in size and are created to protect significant land features such as woods,wetlands and steep slopes. Staff has made significant efforts to avoid the creation of outlots similar to the ones created in the Edenvale area. Mosman said it's desirable to see that some of the pieces will be protected. She also said it would be desirable to have some clear set of rules given to property owners as to what is allowed on these properties. Dietz said the City would probably need to police it to some extent. Young asked what the costs of the policing would be to the City. Dietz said there will be expenses,but there are numerous parcels that the City must monitor and that these outlots will be a relatively small percentage of the total responsibility. Mr. Person commented and said he supports Mr. Dietz's recommendation. Mr. Strate said if a comprehensive solution is not reached,there will be many expenses to the City. Strate said he thinks Dietz's recommendation is a good one. MOTION: Mosman moved to approve Staff recommendation for the disposition of Edenvale Outlots. Seconded by Case, motion carried 5-0. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES February 18,2003 Page 10 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:15 p.m. • I3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List Gretchen Laven a. . These licenses have been approved by the department heads responsible for the licensed activity. Gambling Organization: Eden Prairie Lion's Club, Inc. Place: Round Lake Park Date: May 30, 31 and June 1, 2003 1LI CITY COUNCIL AGENDA DATE: March 4,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Resolution Requesting Conveyance of Tax , Eugene A. Dietz Forfeited Land Requested Action Move to: Adopt resolution requesting that Hennepin County convey ownership of tax forfeited land(Outlot B, Raven Ridge)to the City of Eden Prairie. Synopsis On February 18, 2003, City Council approved a recommended course of action regarding the disposition of outlots in Edenvale area. One element of the action plan includes adopting the attached resolution requesting Hennepin County convey Outlot B, Raven Ridge to the City of Eden Prairie. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION REQUESTING CONVEYANCE OF TAX FORFIETED LAND WHEREAS, Outlot B, Raven Ridge, Hennepin County, Minnesota (PID #04-116-22-34-0069) is non-conservation land that has been sold to the State of Minnesota for nonpayment of taxes pursuant to Minnesota Statutes Chapter 279; and WHEREAS, said property was scheduled to be sold at public auction in April,2002; and WHEREAS, at the request of the City of Eden Prairie, the property was removed from said auction in order that unresolved issues could be examined; and WHEREAS,the City of Eden Prairie has made the following findings: • Outlot B is part of a planned open space and greenway system that was approved in 1970 as part of the Edenvale Planned Unit Development. • Articles of Incorporation for an association to manage the open space system were filed with the Secretary of State in 1973. • The association was involuntarily dissolved by the Secretary of State pursuant to a Certificate of Involuntary Dissolution dated December 31, 1997. • Outlot B is bisected and encumbered with a 10-inch watermain, a 6-inch watermain, a 10- inch sanitary sewer, and an 8-inch sanitary sewer, the most recent of which was constructed in 1978 and is part of the city municipal sewer and water system. WHEREAS,the City of Eden Prairie finds that it is in the best interest of the City and the public that the property should not be further developed. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie requests the Board of Commissioners of Hennepin County approve the transfer and conveyance of Outlot B as follows: • The property be classified as non-conservation land under Minnesota Statutes Chapter 282. • Outlot B, Raven Ridge, Hennepin County, Minnesota (PID 04-116-22-34-0069)be conveyed to the City of Eden Prairie for the purpose of public open space and maintenance of municipal utilities. ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 03/4/03 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Budget and Management/Planning Approve architectural services agreement Donald R. Uram for improvements at the J.R. Cummins - C John Gertz Home, 13600 Pioneer Trail, and the . Riley-Jacques Farm, 9100 Riley Lake Road Requested Action Move to: • Approve architectural services agreement with Miller Dunwiddie Architects, for improvements at the J.R. Cummins Home, located at 13600 Pioneer Trail, and Riley- Jacques Farm, located at 9100 Riley Lake Road Synopsis Two proposals for architectural services were submitted to the City. Services include meeting with City staff to determine specific requirements for building modifications and repairs, design preparation, specifications, public bidding, and construction administration. To review a more detailed project list, please see attached Request for Proposals for Architectural Services. Proposals were submitted by Miller Dunwiddie Architects, and MacDonald and Mack Architects, Ltd. A summary of proposal bids is attached. Staff recommends accepting the proposal submitted by Miller Dunwiddie Architects, and approve the architectural services agreement. Background On July 18, 2000, the City Council adopted the Heritage Preservation Commission's (HPC) recommendation to use the J.R. Cummins Home and Riley-Jacques Farm as community heritage sites, and adapt both for recreational and cultural programs. Cost estimates for repairs and/or rehabilitation of the buildings associated with the two properties were completed in 2001, for the 2002-2007 Capital Improvements Projects budget. The City Council approved the Historical Properties budget in the CIP, which approved funding for the present projects. This cycle of projects will complete needed repairs to both the J.R. Cummins House and Riley-Jacques House. Structural repair and stabilization will be completed on the Riley-Jacques barn, along with rehabilitation of the barn for reuse as a multi-use space. Work on the barn may be phased over the next year or two. It is anticipated that the barn and farm site will be open to a regular schedule of activities by 2004. The Heritage Preservation Commission is actively working with parks staff,the Eden Prairie Historical Society, and Parks Commission on program planning and reuse of the properties. A program plan that builds on the Adaptive Reuse Proposal will be completed in April,2003. Attachments Architectural Services Agreement Summary of Proposal Bids Summary of Proposal Bids The following bids are based on the provision of architectural services listed below, and an estimated budget of$533,000 o Design Development o Specifications (construction documents) o Public bidding o Construction administration Miller Dunwiddie Architects $ 75,000 Fixed fee MacDonald&Mack Architects, Ltd. $ 78,400 to $ 92,600 Range of fees GA Comm.Dev\HPC-Heritage Pres.Commission\City Council Report Agendas\2003\Summary of Proposal Bids.doc '9 ADAóMT1 I ire City of . ..- n- . ai e 8080 Mitchell Road Eden Prairie,MN 55344-4485 o edenprairf" r -7-952:.94s-8300 TDD 952-949-8399 I i t ,-I JA a� 2003 ILO i Request for Proposals for Architectural Services The City of Eden Prairie is requesting fee proposals for architectural services for work associated with the rehabilitation of the J.R. Cummins Home, located at 13600 Pioneer Trail, and the Riley-Jacques Farm, located at 9100 Riley Lake Road. Work at the J.R. Cummins property will be limited to improvements to the house and outbuildings. At the Riley-Jacques Farm,work will include improvements to the house, and significant work on the barn. Site planning for the farm will also be required to accommodate anticipated increases in site use for recreational and historical programs. The City Council approved funding for improvements at these properties as part of the City's Capital Improvement Projects (CIP). Funding available in 2003 for the J.R. Cummins House is$159,000, allocated for use in the following areas: Exterior Modifications • • Structural repair • Masonry restoration • Repair/refinish doors • Repair/refinish windows • Facia/soffit repair • Gutter/downspouts • Bay window restoration• West porch restoration • Ice box re-roofing • Outbuilding restoration Interior Modifications • Crawl space restoration • Fire sprinkling system • Electrical • Wood molding replacement • Repair plaster walls/ceilings • • Reinstall pocket doors in kitchen ' • Painting • Refinish wood floors • 1 Funding available in 2003 for the Riley-Jacques Farm is divided between the house and barn. Funds available for the house are$131,000, and for the barn,$243,000. The above funds have been allocated for use in the following areas: House Exterior modifications • Masonry restoration • Painting • Repair Windows and masonry openings • Roof venting and insulation • Repair and refinish doors • Barn Exterior Modifications • • Structural repair • Masonry restoration • Roofing • Restore board and batten siding • Repair and refinish windows • Painting Barn Interior modifications • Egress stairs and exit • Accessible exterior entrance • Accessible toilet • Mechanical • Electrical • Fire Sprinkling The barn restoration will include planning and design work to create a multi-use space in the existing barn loft. The City intends to use this space for recreational programs and small theatre productions. The lower level cattle stanchions will be removed and the space used for dressing rooms, storage, etc. About one third of the lower level may be heated for use as a warming room for an adjacent outdoor skating rink. The interior, exterior drive ramp, and site will need to be modified to comply with accessibility requirements. The City understands that the current funding may not be sufficient to accomplish all the restoration objectives. It is likely we will need to prioritize these projects, and develop a plan to identify alternatives and phase the work. It should also be noted that both properties are locally designated Heritage Preservation Sites, and HPC review of restoration plans will be required. Also,the J.R. Cummins property is listed on the National Register of Historic Places and will require review by the State Historic Preservation Office. Architectural services should include the following: • Meet with City staff to determine the requirements for modifications to the buildings. These items would include utility size,restrooms, electrical requirements, occupant considerations, etc. • Prepare schematic design for barn and site. • Design development and construction documents for the barn. • Specific ons. • Assist in public bidding. • Construction administration. Measured drawings have been completed for both properties and are included with this request for your review. Please submit fee proposals to John Gertz (952-949-8454) at City of Eden Prairie, Planning Division, 8080 Mitchell Road,Eden Prairie, MN 55344. ArrevAtiv‘iorir 123 North Third St.,Suite 104 MILLER DUNW1DDIE Minneapolis,Minnesota 55401 tel:612.337.0000 fax:612.337.0031 www.mI l I er dunwi dd i e.c om January 24, 2003 Mr. John Gertz Heritage Preservation Specialist ,j City of Eden Prairie • 8080 Mitchell Road Eden Prairie, MN 55344 RE: J. R. Cummins Home Riley-Jacques Farm MDA Proposal #033-006 Dear Mr. Gertz: Thank you for including Miller Dunwiddie Architects in the City of Eden Prairie's Request for Proposal process for the above referenced projects. Our Proposal is as follows: Scope of Work The scope of work will be as outlined in the RFP, with the additional following information we discussed on the phone: • It is the City's intent to select one Architect/Engineer team to work on all the projects at once for all three buildings. • It is City's intent that the work on the three buildings will be issued as one set of Bidding and Construction Documents. • It is the City's intent that one contractor will be selected to perform the work on all three buildings, so that the Architect/Engineer's Construction Phase services for all three will be . handled as one construction project: . It is the City's intent that the projects will be bid as soon as possible in 2003 for construction this year. . Based on the scope.„of work and other similar projects with which we have recently been involved, we are assuming that the construction duration will be approximately 6 months. Base Fee Based on the RFP and the above additional information, we propose to provide the necessary Architectural and Engineering services for a Fixed Fee of $75,000. The fee is based on-the following breakdown of services and rates: Selected 2001 Finn of the Year a� By the Minnesota Chapter,American Institute of Architects • Mr. John Gertz January 24,2003 J. R. Cummins Home I Riley-Jacques Farm, MDA#033-006 Page 2 • J. R. Cummins Home Site Visits, Design/Research, &Meetings w/ City(40 hours @ $75/hr) $3,000 Construction Documents (80 hours @ $75/hr) $6,000 Structural Engineering (Allowance) $1,000 Mechanical/Electrical Engineering $7,000 Sub-Total $17,000 • • Riley—Jacques Farmhouse and Barn Site Visits, Design/Research, & Meetings w/City (40 hours @ $75/hr) $3,000 Construction Documents (80 hours @ $75/hr) $6,000 Structural Engineering (Allowance) s $1,500 Mechanical/Electrical Engineering $5,500 Landscape Architect $3,300 Sub-Total $19,300 . Tasks Common to All Work. Principal's Time (40 hours @ $170/hr) $6,800 Specifications (40 hours @ $125/hr) $5,000 Bidding Phase Services (40 hours @ $75/hr) $3,000 Construction Phase Services (6 months x 50 hrs/mo. = 300 hours @ $75/hr) $22,500 Reimbursable Expenses $1,400 Sub-Total $38,700 Additional Services We propose that the following would be billed as Additional Services when determined to be necessary and approved in writing by the City: . Services requested by the City that expand upon the scope of the work outlined in the RFP . Detailed construction cost estimating or value engineering . Engineering disciplines not included above, such as Civil, Environmental, etc. . Mortar and masonry. testing (We have received a proposal of $2,000 for mortar and masonry materials testing at each of the projects. This will help us determine the appropriate mortar to be used in the re-pointing and masonry restoration work.) . Soil borings . Computer generated imaging, perspective renderings, and other marketing information Additional services will be will be billed on a Time and Materials basis unless a different method of compensation is determined and agreed upon by MDA and the City at the time the services are requested. Similar Projects • In addition to our previous work for the City of Eden Prairie on the Cummins-Phipps-Grill Home, the Smith-Douglas-More House, and the Riley-Jacques Farm, Miller Dunwiddie Architects is currently working on or has completed a number of projects similar to the currently proposed work at the Cummins and Riley—Jacques Farms. The projects are as follows, and some are illustrated in the attached brochure. ay Mr. John Gertz January 24, 2003 J. R. Cummins Home 1 Riley-Jacques Farm, MDA#033-006 Page 3 • The Holz Farm Master Plan, Eagan, MN • The Lepak/Larson Farmhouse Restoration and Adaptive Reuse, Shoreview, MN • The Grimm Farm Restoration, Chaska, MN • The Gale Woods Farm Rehabilitation, Minnetrista, MN • The Burwell House and Site Restoration, Minnetonka, MN • The John H. Stevens House Restoration, Minneapolis, MN • The Ard Godfrey House Restoration, Minneapolis, MN • The Mayo House Restoration, LeSeuer, MN • The Oliver Hudson Kelley Barn Reconstruction, Elk River, MN Project Team 7 The members of the project team are proposed as follows: • Miller Dunwiddie Architects (See resumes of project staff in the attached brochure) Principal-in-Charge: Chuck Liddy Project Architect: Dione DeMartelaere, Specification Writer and Quality Assurance Review: Jeff Tonkin • Structural Engineers: Meyer, Borgman, & Johnson, Inc. MBJ has done the structural engineering on virtually every one of the more than 400 historic preservation projects MDA has done over the last 30 years, from farmhouses to the Minnesota State Capitol. • Mechanical & Electrical Engineers: Engineering Design Initiative, Ltd. Prior to forming their own firm recently, edi firm principal's have worked with MDA on numerous past projects. • Landscape Architecture: Brauer Associates, Inc. Brauer Associates has worked or is working with MDA on the Holz Farm Master Plan, the Burwell House Restoration, and all Minneapolis Park and Recreation Board projects. We hope that this proposal is acceptable to the City and look forward to the opportunity to again work with you and other Eden Prairie staff. If you have any questions, please contact me. Sincerely, ia, L. . Charles D. Liddy, Jr., •. &RB Principal • - Enclosure • Copy Mark Miller, MDA (P:\20031033-006_Cummins Home Rehabilitation\proposal-Itr.doc) • a5 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchitect rs Services This document has important legal consequences.Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1.1 INITIAL INFORMATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.2 RESPONSIBILITIES OF THE PARTIES AIA DOCUMENT D401. 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the 19th day of February in the year 2003 (In words,indicate day,month and year) BETWEEN the Architect's client identified as the Owner: (Name,address and other informat/on) City of Eden Prairie 8080 Mitchell,Road Eden Prairie, MN 55344 and the Architect: (Name,address and other information) Miller Duhwiddie Associates, Inc. 123 North 3rd Street, Suite 104 Minneapolis, MN 55401 For the following Project: (Include detailed description of Project) .4y The Combined Project for the , • •.:' Rehabilitation fo the J.R. Cummins Home mom 13600 Pioneer Trail, Eden Prairie, MN and the ©1997 AIA® Rehabilitation fo the Riley-Jacques Farm AIA DOCUMENT B141-1997 9100 Riley Lake Road, Eden Prairie, MN STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects 1735 New York Avenue N.W. Washington,D.C.20006-5292 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, m 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 1 (Note the disposition for the following items by inserting the requested information or a statement such as 'not applicable," unknown at dine ofexecution"or"to be determined laterbymutual agreement.") As described in the Request for Proposals(Attachment#1)and the Architects Proposal dated January 24, 2003. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify ordescribe,ifappropriate,proposed use orgoals) As described in the Request for Proposals(Attachment#1) 1.1.2.2 The physical parameters are: (Identify or describe,if appropriate,size,location,dimensions,or other pertinent information,such asgeotechnical reports about the site.) This document has important legal As described in the Request for Proposals (Attachment#1) consequences.Consultation with an attorney is encouraged with respect to 1.1.2.3 The Owner's Program is: its completion or modification. (Identify documentation or state the mannerin which the program will be developed.) AUTHENTICATION OF THIS As described in the Request for Proposals(Attachment#1) ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.1.2.4 The legal parameters are: AIA DOCUMENT D401. (Identify pertinent legal information,including,ifappropriate,land surveys and legal descriptions and restrictions of the site.) Unknown at this time. Owner shall provide pertinent information in electronic format. 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation,is:$533,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation,is:$458,000.00 1.1.2.6 The time parameters are: (Identify,if appropriate,milestone dates,durations or fast trackscheduling.) As described in the Request for Proposals (Attachment#1)and the Architect's Proposal dated January 24, 2003. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identiy method such as competitive bid,negotiated contract,or construction management.) Competitive bid. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) As described.in the Request for Proposals (Attachment#1) ti f4 .;�fi°,. 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: 1" 1.7 mom (List name,address and otherinfonnation.) John Gertz ©1997 AIA® Community Development Department AIA DOCUMENT B141-1997 City of Eden Prairie STANDARD FORM AGREEMENT 8080 Mitchell Road Eden Prairie, MN 55344 The American Institute of Architects 1735 New York Avenue N.W. Washington,D.C.20006-5292 1.1.3.2 The persons or entities,in addition to the Owner's Designated Representative,who are required to review the Architect's submittals to the Owner are: (List name,address and other information.) © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. "-� 2 p� T As described in the Request for Proposals(Attachment#1) 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and,ifknoxn,identify them by name and address) 1.1.3.4 The Architect's Designated Representative is: (List name,address and other information.) Charles D. Liddy, Jr.AIA 123 North 3rd Street, Suite 104 Minneapolis, MN 55401 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and,ifknown,identify them byname and address.) This document has important legal As listed in the Architect's Proposal (Attachment 2) consequences.Consultation with an attorney is encouraged with respect to 1.1.4 Other important initial information is: its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 1.1.5 When the services under this Agreement include contract administration services,the DOCUMENT MAY BE MADE BY USING General Conditions of the Contract for Construction shall be the edition of AIA Document AIA DOCUMENT D401. A2o1 current as of the date of this Agreement,or as follows: 1.1.6 The information contained in this Article i.i may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and,in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project.The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project,including that portion mom allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the r overall budget,theportion of the budget allocated for the Cost of the Work,or contingencies g g g �'S .°fi',.: included in the overall budget or a portion of the budget, without the agreement of the 7., Architect to a corresponding change in the Project scope and quality. • mom 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project.The Owner or the Owner's ©1997 AIA® Designated Representative shall render decisions in a timely manner pertaining to documents AIA DOCUMENT 6141-1997 submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential STANDARD FORM AGREEMENT progress of the Architect's services. The American Institute of Architects 1.2.2.4 The Owner shall furnish the services of consultants other than those designated W nated in Was New York Av200 N.W. ashington,D.C.20006-5292 Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 3 mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service. 1.2.2.8 The Owner shall provide the Architect with existing conditions drawings in both paper and electronic format of the Cummins house, Riley-Jacques house, and This document has important legal coion with an Riley-Jacques barn for the Architects use in preparing the Architects instruments of attorney ey is encouraged quences.Consul twith respect to service. The Owner represents that the Owner has full rights of use of the documents its completion or modification. and the Architect shall have full rights of use of the documents in preparing the AUTHENTICATION OF THIS Architect's instruments of service. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.2.3 ARCHITECT AIA DOCUMENT D401. 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph i.i.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any , activity, or accept any employment, interest or contribution that would reasonably appear to :'•.•-.•;F compromise the Architect's professional judgment with respect to this Project. ' AAP� 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's ©1997 AIA® services. The Architect shall respond in the design of the Project to requirements imposed by AIA DOCUMENT B141-1997 governmental authorities having jurisdiction over the Project. STANDARD FORM AGREEMENT The American Institute of Architects 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services 1735 New York Avenue N.W. and information furnished by the Owner.The Architect shall provide prompt written notice to Washington,D.C.20006-5292 the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 4 ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor,plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in This document has important legal the Work consequences.Consultation with an attorney is encouraged with respect to 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the its completion or modification. Architect's consultants,the costs of the land,rights-of-way and financing or other costs that are AUTHENTICATION OF THIS the responsibility of the Owner. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1.3.2 INSTRUMENTS OF SERVICE AIA DOCUMENT D401. 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including copyrights. 1.3.2.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and,where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing,using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2,no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense,pledge or otherwise transfer any license granted herein to another party without the ' prior written agreement of the Architect. However,the Owner shall be permitted to authorize . the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to �"` reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2.Submission or distribution of ©1997 AIA® Instruments of Service to meet official regulatory requirements or for similar purposes in AIA DOCUMENT 8141-1997 connection with the Project is not to be construed as publication in derogation of the reserved STANDARD FORM AGREEMENT rights of the Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the The American Institute of Architects Owner obtains the prior written agreement of the Architect and the Architect's consultants. 1735 New York Avenue N.W. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and Washington,D.C.20006-5292 without liability to the Architect and the Architect's consultants. O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: ep03o1-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/112004. 5 � ✓0 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,including any special limitations or licenses not otherwise provided in this Agreement. - 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement,without invalidating the Agreement,if mutually agreed in writing,if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing,the Architect shall notify the Owner prior to providing This document has important legal such services. If the Owner deems that all or a part of such Change in Services is not required, consequences.Consultation with an the Owner shall give prompt written notice to the Architect, and the Architect shall have no attorney is encouraged with respect to obligation to provide those services. Except for a change due to the fault of the Architect, its completion or modification. Change in Services of the Architect shall entitle the Architect to an adjustment in AUTHENTICATION OF THIS compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in ELECTRONICALLY DRAFTED AIA Subparagraph 1.3.9.2 and Paragraph 1.5.5. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity,the Owner's schedule or budget,or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to non-binding mediation as a condition precedent to arbitration- er-the institution of legal or equitable proceedings by either party.If such matter relates to or is mem the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to j resolution of the matter by mediation or by arbitration. V,.W 1.3.4.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters -; •,riir■•,r,'" in question between them by mediation which, unless the parties mutually agree otherwise, memo shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with ©1997 AIA® the other party to this Agreement and with the American Arbitration Association.The request AIA DOCUMENT B141-1997 may-be made concurrently-with the-filing-of-a demand-fer arbitration but,-in-sneh event,- STANDARD FORM AGREEMENT mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall The American Institute of Architects be stayed pcnding mediation for a period of 6o days from the date of filing,unless stayed for a 1735 New York Avenue N.W. le o by nt,fake artie r -erder. Washington,D.C.20006-5292 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation • shall be held in the place where the Project is located, unless another location is mutually © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/272003.AIA License Number 1009182,which expires on 2/112004. 6 agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any claim, dispute-OF-ether matter-in-question-arising--cut-ef-er-related 4e-this- Agreement-shall-be-subject-to arbitration. Prior-to arbitration,-the parties -endeavor-te- 1.3.5.2 Claims,-disputes-arid-other-matters-in-quests-between-the-parties-that-are-net- reselved-by diition-shall-be-decided-by-arbitration-whichr unless-the-parties-mutually agree otherwise;-shall-be-in accordance-with-the Construction Industry Arbitration Rules-of-the- American Arbitration Association currently-in effect.-The in-writing-with-the other-party-to-this Agreement-and-with-the American Arbitration- This document has important legal consequences.Consultation with an attorney is encouraged with respect to 1.3.5.3 A-demand-for mi-shall-be-made-within-a-reasonable-time-after-the- - its co UTHENTICAlnT Oo OF Ti IStion. dispute-er-other-matter-in-question-has arisen. In-re ELECTRONICALLY DRAFTED AIA made after-he-date-when-institution-of legal-er-equitable-proceedings-based-en-such - DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 1.3.5.1 Ne-arbitration -arising-cut-ef-or-relating-te this Agreement shall-include;-by- conselidation-or joinder-er-in-any-other manner,an additional person-er entity-net-a party to- this Agreement, except-by=writ -consent-containing-a-specific reference-to this Agreement- and-signed-by-the-Owner; Architect,-and,-any_other person-or entity-sought-to-beamed:- Gensent-te arbitration-involving-anonal-person-er-entity-shall-nette consent to- arbitration-of-any-claim-dispute-or-ether-matter-in-question-net d-in-the-written- consent or with a person or entity not named or described therein.The foregoing agreement to arbitrate-and other agreements-te-arbitrate-with-en-additional -er entity-duly-consented- to-by-parties-to this Agreement-shall-be-specifically-enforceable-in accordance-with-applicable- 1.3.5.5 The-award-rendered-by-the-arbitrator-er-arbitrators shall-be-finely-and-judgment may - 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect,unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA •' Document A2or,General Conditions of the Contract for Construction,current as of the date of this Agreement. ©1997 AIA® AIA DOCUMENT B141-1997 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to STANDARD FORM AGREEMENT act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act The American Institute of Architects occurring prior to Substantial Completion or the date of issuance of the final Certificate for 1735 New York Avenue N.W. Payment for acts or failures to act occurring after Substantial Completion. In no event shall Washington,D.C.20006-5292 such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.User Document:ep0301-b141-97.aia--227/2003.AIA License Number 1009182,which expires on 2/11/2004. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2o1, General Conditions of the Contract for Construction,current as of the date of this Agreement. The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's This document has important legal consultants shall have no responsibility for the discovery, presence, handling, removal or consequences.consultation with an disposal of or exposure of persons to hazardous materials or toxic substances in any form at the attorney is encouraged with respect to Project site. its completion or modification. AUTHENTICATION OF THIS 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of ELECTRONICALLY DRAFTED AIA the design of the Project among the Architect's promotional and professional materials. The DOCUMENT MAY BE MADE BY USING Architect shall be given reasonable access to the completed Project to make such AIA DOCUMENT D401. representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 1.3.7.8 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing fmancing for the Project. In such event,the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION • 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under \ C. ..41 ,,. this Agreement. If the Architect elects to suspend services,prior to suspension of services,the Architect shall give seven days'written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the rirl Owner because of such suspension of services. Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and ©1997 AIA® resumption of the Architect's services. The Architect's fees for the remaining services and the AIA DOCUMENT B141-1997 time schedules shall be equitably adjusted. STANDARD FORM AGREEMENT The American Institute of Architects 1.3.8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the 1735 New York Avenue N.W. Architect shall be compensated for services performed prior to notice of such suspension. Washington,D.C.20006-5292 When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 8 �3 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days'written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be This document has important legal compensated for servicesperformedprior to termination,together with ReimbursableExpenses attorne is en.encouraged with an P g attorney is encouraged with respect to then due and all Termination Expenses as defined in Subparagraph 1.3.8.7. its completion or modification. AUTHENTICATION OF THIS 1.3.8.7 Termination Expenses are in addition to compensation for the services of the ELECTRONICALLY DRAFTED AIA • Agreement and include expenses directly attributable to termination for which the Architect is DOCUMENT MAY BE MADE BY USING not otherwise compensated,plus an amount for the Architect's anticipated profit on the value AIA DOCUMENT D401. of the services not performed by the Architect. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to the fixed fee compensation for the Architect's services and include expenses authorized in writing by the Owner, and incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation outside the Twin Cities Metropolitan Area in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; "'m. .5 renderings,models and mock-ups requested by the Owner; .6 expense-ef pral4iability insurance dedicated exclusively-te this Project or 5 ' the expense-ef additional insurance coverage or limits requested by the Owner in . excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; MUM .8 other similar direct Project related expenditures. ©1997 AIA® AIA DOCUMENT B141-1997 1.3.9.3 Records of Reimbursable Expenses,of expenses pertaining to a Change in Services,and STANDARD FORM AGREEMENT of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient The American Institute of Architects times. 1735 New York Avenue N.W. Washington,D.C.20006-5292 1.3.9.4 Non-reimbursable Expenses are direct costs incurred by the Architect that are directly related to the Project and fully compensated within the Fixed Fee without © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/112004. 9 additional charge to the Owner. Non-reimbursable expenses shall include travel expenses within the Twin Cities Metropolitan Area, reproductions, plots, postage, delivery,and telephone and fax charges. 1.3.9.9 engaged-en-the Project-and-the portion-e€-the cost-ef their mandatory-and customary- eentributiens-and benefits related thereto, such-as employment taxes-and other statutory- employee benefits, insurance, sick-leave,holidays, vacations,-empleyee retirement plans-and- similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior This document has important legal negotiations, representations or agreements, either written or oral. This Agreement may be consequences.Consultation with an amended only by written instrument signed by both Owner and Architect. This Agreement attorney is encouraged with respect to comprises the documents listed below. its completion or modification. AUTHENTICATION OF THIS 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document Bi41- ELECTRONICALLY DRAFTED AIA 1997. including Request for Proposal (Attachment 1) and Architect's Proposal DOCUMENT MAY BE MADE BY USING (Attachment 2). AIA DOCUMENT D401. • 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141-1997,or as follows: (List other documents,if any,delineating Architect's scope ofservices.) 1.4.1.3 Other documents as follows: (List other documents,if any,forming part of the Agreement.) 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: A Fixed Fee of Seventy Thousand Dollars ($75,000.00) 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable 111111111111111 manner. (Insert basis ofcompensation,including rates and multiples ofDirect Personnel Expense for Principals and employees, iJ[..i and identify Principals and classify employees,if required Identify specific services to which particular methods of %' compensation apply.) F 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be MM. computed as a multiple of one (1.0 ) times the amounts billed to the Architect for such ©1997 AIA® services. AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses,the compensation shall be computed as a The American Institute of Architects multiple of one ( 1.0 ) times the expenses incurred by the Architect, and the Architect's 1735 New York Avenue N.W. employees and consultants. Washington,D.C.20006-5292 1.5.5 Other Reimbursable Expenses,if any,are as follows: m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, m 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below.User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 10 -35 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of zero Dollars ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable,shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thirty (30 ) days from the date of the Architect's This document has important legal invoice.Amounts unpaid fourty-five(45 )days after the invoice date shall bear interest at the consequences.Consultation with an rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the attorney is encouraged with respect to principal place of business of the Architect. its completion or modification. (Insert rate ofinterest agreed upon.) AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws NA DOCUMENT D401. and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within ( )months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Charles D. Liddy,Jr Vice Presdent (Printed name and title) (Printed name and title) I'AI MEM ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington,D.C.20006-5292 © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 11 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: •Design and Contract Administration This document has important legal TABLE OF ARTICLES consequences.Consultation with an attorney is encouraged with respect to 2.1 PROJECT ADMINISTRATION SERVICES its complCATI rmodifiON OF THIStion. AUTHENTICATIS ELECTRONICALLY DRAFTED AIA 2.2 SUPPORTING SERVICES DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. =wan hU�;f 2.1.2 When Project requirements have been sufficiently identified, the Architect shall �f4 •°fi',..• prepare, and periodically update, a Project schedule that shall identify milestone dates for „1%I decisions required of the Owner, design services furnished by the Architect, completion of -r"r .'�:,"` documentation provided by the Architect, commencement of construction and Substantial 1111111111111 Completion of the Work. ©1997 AIA® 1997 2.1.3 The Architect shall consider the value of alternative materials, buildingsystems and AIA DOCUMENT - y STANDARD FORM AGREEMENT equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. The American Institute of Architects 1735 New York Avenue N.W. 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the Washington,D.C.20006-5292 design of the Project to representatives of the Owner. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/112004. -3 3- 12 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner.The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work.This estimate may be based on current This document has important legal area, volume or similar conceptual estimating techniques. As the design process progresses consequences.Consultation with an through the end of the preparation of the Construction Documents,the Architect shall update attorney is encouraged with respect to and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the its completion or modification. Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes AUTHENTICATION OF THIS in Project requirements or general market conditions.If at any time the Architect's estimate of ELECTRONICALLY DRAFTED AIA the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate DOCUMENT MAY BE MADE BY USING recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner AIA DOCUMENT D401. shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded,that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect MINIM submits the Construction Documents to the Owner,the budget for the Cost of the Work shall r be adjusted to reflect changes in the general level of prices in the construction industry. 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or3 ,4: negotiated proposal,the Owner shall: mom .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; ©1997 AIA® AIA DOCUMENT B141-1997 .3 terminate in accordance with Subparagraph 1.3.8.5;or STANDARD FORM AGREEMENT .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. The American Institute of Architects 1735 New York Avenue N.W. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without Washington,D.C.20006-5292 additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 13 modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2.1.7- The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 Unless specifically designated in Paragraph 2.8.3,the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. Tl 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations cons edquument han Consultationimportantwith and utilitylocations for the site of the Project, and a written legal description of the site. The consequences.encouraged. withs an I gattorney is respect to surveys and legal information shall include, as applicable, grades and lines of streets, alleys, its completion or modification. pavements and adjoining property and structures;adjacent drainage;rights-of-way,restrictions, AUTHENTICATION OF THIS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRONICALLY DRAFTED AIA locations, dimensions and necessary data with respect to existing buildings, other DOCUMENT MAY BE MADE BY USING improvements and trees; and information concerning available utility services and lines,both AIA DOCUMENT D90I. public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement,including the Owner's program and schedule requirements and budget for the Cost of the Work,each in terms of the other.The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions,and the Owner's program, schedule and budget for the Cost of the Work. mom 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may „r have on the Owner's program,financial and time requirements,and the scope of the Project. ems .,.. ARTICLE 2.4 DESIGN SERVICES "f=�" 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. ©1997 MA® AIA DOCUMENT B141-1997 2.4.2 SCHEMATIC DESIGN DOCUMENTS STANDARD FORM AGREEMENT 2.4.2.1 The Architect shall provide Schematic-Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall The American Institute of Architects establish the conceptual design of the Project illustrating the scale and relationship of the 1735 New York Avenue N.W. Project components.The Schematic Design Documents shall include a conceptual site plan,if Washington,D.C.20006-5292 appropriate,and preliminary building plans,sections and elevations.At the Architect's option, the Schematic-Design Documents may include study models, perspective sketches, electronic m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the MA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--227/2003.AIA License Number 1009182,which expires on 2/11/2004. 14 —5g modeling or combinations of these media.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 2.1.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 The Architect shall provide Dcsign Development Documents based on the approved Schematic-Design Documents-and updated budget-feE-the Cost-e€-the Work.-The Dcsign- Development Document, shall illustrate-and describe-the refinement-of-the-design-of-the- Project, establishing-the scope, relationships, forms,-sire-and app arance-ef-the Project-by- means-of plans, sections-and elevations,-typical construction details,-and equipment layouts.- and systems and establish in general their quality levels. 2.4.4 CONSTRUCTION DOCUMENTS This document has important legal 2.4.4.1 The Architect shallprovide Construction Documents based on the approved Design consequences.encouraged. withn with an PP g attorney is respect to Development Documents and updated budget for the Cost of the Work. The Construction its completion or modification. Documents shall set forth in detail the requirements for construction of the Project. The AUTHENTICATION OF THIS Construction Documents shall include Drawings and Specifications that establish in detail the ELECTRONICALLY DRAFTED AIA quality levels of materials and systems required for the Project. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.4.4.2 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of: (i) bidding and procurement information which describes the time,place and conditions of bidding;bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General,Supplementary and other Conditions).The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION.PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal,if any.If requested by the Owner,the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, mom General Conditions and Supplementary Conditions,Specifications and Drawings. l 2.5.4.2 If requested by the Owner,tThe Architect shall arrange for procuring the reproduction a,s. of Bidding Documents for distribution to prospective bidders.The Owner shall pay directly for . ..-. t + f repreduct on e shall mbu. the A rchitect f r suc1, - Jr II 2.5.4.3 If requested-by the Owner,-t:The Architect shall distribute the Bidding Documents to ©1997 AIA® prospective bidders and request their return upon completion of the bidding process. The AIA DOCUMENT 8141-1997 Architect shall maintain a log of distribution and retrieval,and the amounts of deposits,if any, STANDARD FORM AGREEMENT received from and returned to prospective bidders. The American Institute of Architects 1735 New York Avenue N.W. 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Washington,D.C.20006-5292 Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/272003.AIA License Number 1009182,which expires on 2/112004. 15 LI0 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids.The Architect shall subsequently document and distribute the bidding results,as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS This document has important legal 2.5.5.1 Proposal Documents shall , -nos. of p_oposa1 r ,,, _ ents-prePesed c -,-- "" � """" = � consequences.Consultation with an General Conditions and Supplementary Conditions,Specifications and Drawings. attorney is encouraged with respect to its completion or modification. 2.5.5.2 If requested by the Owner,the Architect shall arrange for procuring the reproduction AUTHENTICATION OF THIS of Proposal Documents-ter distribution-te prospective contractors. The-Owner shall pay- ELECTRONICALLY DRAFTED AIA directly for the cost of reproduction or shall reimburse the Architect for such expenses. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2.5.5.3 If requested-by the Owner, the Architect-shall organize and participate-in selection- interviews with prospective contractors. 2.5.5.4 The Architect shall consider requests for substitutions,-if permitted-by-the Proposal- Documcnts,-a-nd-shall prepare and distribute addenda identifying approved substitutions to-all- prospective contractors. 2.5.5.5 If requested-by-the Owner, the Architect-shall assist-the Owner-during negotiations- with prospective contractors.The Architect shall subsequently prepare a summary report of the ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document Azoi, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the 417 t Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when �, ,. Contract Administration Services extend 6o days after the date of Substantial Completion of :Ar awn v.,F the Work. mom 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner ©1997 AIA® during the provision of the Contract Administration Services. The Architect shall have AIA DOCUMENT 6141-1997 authority to act on behalf of the Owner only to the extent provided in this Agreement unless STANDARD FORM AGREEMENT otherwise modified by written amendment. The American Institute of Architects 1735 New York Avenue N.W. 2.6.1.4 Duties,responsibilities and limitations of authority of the Architect under this Article Washington,D.C.20006-5292 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor,which consent will not be unreasonably withheld. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 6) 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as • noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 16 2.6.1.5 The Architect shall review properly prepared,timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be This document has important legal made in writing within any time limits agreed upon or otherwise with reasonable promptness. consequences.Consultation with an attorney is encouraged with respect to its completion or modification. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS and reasonably inferable from the Contract Documents and shall be in writing or in the form of ELECTRONICALLY DRAFTED AIA drawings.When making such interpretations and initial decisions,the Architect shall endeavor DOCUMENT MAY BE MADE BY USING to secure faithful performance by both Owner and Contractor, shall not show partiality to AIA DOCUMENT D401. either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed,will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for,the construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. _ 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. ,f t•',.. • However, the Architect shall not be responsible for the Contractor's failure to perform the � - Work in accordance with the requirements of the Contract Documents.The Architect shall be �; r�,;,,* responsible for the Architect's negligent acts or omissions, but shall not have control over or ■■■= charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors, ©1997 AIA® or their agents or employees, or of any other persons or entities performing portions of the Work. AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or The American Institute of Architects progress. 1735 New York Avenue N.W. Washington,D.C.20006-5292 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 17 through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated, installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR This document has important legal 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue consequences.Consultation with an Certificates for Payment in such amounts. The Architect's certification for payment shall its ye on encouragedr mdswith nrespect to its completion or modification. constitute a representation to the Owner,based on the Architect's evaluation of the Work as AUTHENTICATION OF THIS provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for ELECTRONICALLY DRAFTED AIA Payment, that the Work has progressed to the point indicated and that, to the best of the DOCUMENT MAY BE MADE BY USING Architect's knowledge, information and belief,the quality of the Work is in accordance with AIA DOCUMENT D401. the Contract Documents.The foregoing representations are subject(i)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (i) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, '— Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the F, fi purpose of determining the accuracy and completeness of other details such as dimensions and i., quantities, or for substantiating instructions for installation or performance of equipment or ,I%,. systems, all of which remain the responsibility of the Contractor as required by the Contract mm Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques, ©1997 AIA® sequences or procedures.The Architect's approval of a specific item shall not indicate approval AIA DOCUMENT B141-1997 of an assembly of which the item is a component. STANDARD FORM AGREEMENT 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied The American Institute of Architects 1735 New York Avenue N.W. by the Contractor in accordance with the requirements of the Contract Documents. Washington,D.C.20006-5292 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987,O 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2272003.AIA License Number 1009182,which expires on 2/11/2004. 18 �3 Documents,the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals. 2.6.5 CHANGES IN THE WORK 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and This document has important legal Specifications to describe Work to be added, deleted or modified, as provided in Paragraph consequences.Consultation with an 2 8 2 attorney is encouraged with respect to its completion or modification. A2.6.5.2 The Architect shall review properly prepared, timelyrequests bythe Owner or ELECTRONICALLY RN NICALLYICATION R THIS P p y q ELECTRONICALLY DRAFTED AIA Contractor for changes in The Work, including adjustments to the Contract Sum or Contract DOCUMENT MAY BE MADE BY USING Time.A properly prepared request for a change in the Work shall be accompanied by sufficient AIA DOCUMENT D401. supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of.additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents,the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor,if any,the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect.With the Owner's approval,the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6.5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the f,, fi - requirements of the Contract Documents. + ,° 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated ME ■I Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor ©1997 AIA© of Work to be completed or corrected. AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT 2.6.6.3 When the Work is found to be substantially complete,the Architect shall inform the The American Institute of Architects Owner about the balance of the Contract Sum remaining to be paid the Contractor,including 1735 New York Avenue N.W. any amounts needed to pay for final completion or correction of the Work. Washington,D.C.20006-5292 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (i)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/112004. yy19 payment and (2) affidavits,receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES This document has important legal consequences.Consultation with an 2.8.1 Design and Contract Administration Services beyond the following limits shall be attorney is encouraged with respect to provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: its completion or modification. .1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item,sample and AUTHENTICATION OF THIS similar submittal of the Contractor. ELECTRONICALLY DRAFTED AIA .2 up to twelve ( 12 ) visits to the site by the Architect over the duration of the DOCUMENT MAY BE MADE BY USING Project during construction. AIA DOCUMENT D401. .3 up to one ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to one ( 1 ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals,including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's mom consultants,the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors , •.� and making subsequent revisions to Instruments of Service resulting therefrom; ..y�'' '� .7 preparation of design and documentation for alternate bid or proposal requests .7.,.1. '. r proposed by the Owner;or Immo ir'1;1011 irr .8 Contract Administration Services provided Go days after the date of Substantial Completion of the Work. ©1997 AIA® AIA DOCUMENT B141-1997 2.8.3 The Architect shall furnish or provide the following services only if specifically STANDARD FORM AGREEMENT designated: The American Institute of Architects Services Responsibility Location of Service 1735 New York Avenue N.W. (Architect,Owner or Not Provided) Description Washington, D.C.20006-5292 Programming © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:ep0301-b141-97.aia--2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 20 y5 Land Survey Services Ccotechnical Services 4 �r Existing Facilities Surveys 6 Reports Coordination Monitoring :31 Civil Design This document has important legal .12 Landscape Design Architect consequences.Consultation with an ,13 Interior-Design attorney is encouraged with respect to 714 its completion or modification. i Value-Analysis AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA # On cite Project Represe..tatien DOCUMENT MAY BE MADE BY USING :i$ ' - i-___—" AIA DOCUMENT D401. 19 Start up Assistance no Record Drawings nn Tenant Del..tedl Services .23 .24 .25 Description of Services. (Insert descriptions ofthe services designated) ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration,if any,are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect,AIA Document Bi4.1-1997,that was entered into by the parties as of the date: es OWNER (Signature) ARCHITECT(Signature) .'•}.,_ •••• +a1rr; (Printed name and title) (Printed name and title) ©1997 AlA® AIA DOCUMENT B141-1997 Charles D. Liddy,Jr. STANDARD FORM AGREEMENT Vice President The American Institute of Architects 1735 New York Avenue N.W. Washington,D.C.20006-5292 © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:epO301-b141-97.aia—2/27/2003.AIA License Number 1009182,which expires on 2/11/2004. 21 Lib ADDENDUM TO STANDARD FORM OF AGREEMENT BETWEEN CITY OF EDEN PRAIRIE (OWNER)AND MILLER DUNWIDDIE ASSOCIATES,INC. (ARCHITECT) WITH STANDARD FORM OF ARCHITECT'S SERVICES, (MA DOCUMENT B141-1997) Standard Form of Agreement Between Owner and Architect 1.2.2.1. Delete this paragraph and replace it with the following: "The Architect acknowledges that the Owner has provided the Architect with sufficient information regarding the requirements of the Project, including the program prepared to date by the Owner. Owner shall furnish the Architect with such additional information that is in the Owner's possession concerning the Project as the Architect may request from time to time." 1.2.2.2. Amend this paragraph by inserting following the word "shall" the following: "prepare and" 1.2.2.3. Amend this paragraph by adding the following at the end of the first sentence: ", provided however the approval of the City Council of Owner is required for decisions affecting cost." 1.2.3.7. Amend this paragraph by adding the following at the end of the first sentence: ", unless the Architect becomes aware of any errors, omissions or inconsistencies in the accuracy and completeness of the services and information furnished." 1.3.2.1. Amend this paragraph by deleting the second sentence and inserting the following: "Drawings, specifications and other documents shall be the property of the Owner whether the Project is executed or not." 1.3.2.2. Deleted. 1.3.2.3. Deleted. 1.3.2.4. Deleted. 1.3.3.2.3. Amend this paragraph by inserting the phrase at the end: "after five days written notice from the Architect that a decision is required." 1.3.3.2.4. Amend this paragraph by inserting following the word"complexity,"the y"7- following: "a change by more than 90 days in the." 1.3.3.2.5. Amend this paragraph by inserting the phrase at the end: "after five days written notice from the Architect that a decision is required." 1.3.7.3. Deleted. 1.3.7.4. Amend this paragraph by adding thereto the following additional clause at the end of the first full sentence: "to the extent permitted by applicable insurance policies." 1.3.7.9. Delete the second to the last sentence. 1.3.8.1. In the second to the last sentence,place a period(".") after the word"suspension" and delete the rest of that sentence. Amend the last sentence to read: "The time schedule shall be equitably adjusted." 1.3.8.2. In the second sentence after the word "interruption"insert a period(".") and delete the rest of that sentence. Amend the last sentence to read as follows: "The time schedule shall be equitably adjusted." 1.3.8.6. Place a period(".") after the word"due"in the third line and delete the rest of the paragraph. Insert the following: "Such compensation shall be at the rate and in accordance with the provisions contained in paragraph 1.5.2." 1.3.8.7. Amend this paragraph by deleting in its entirety and replacing it with the following: "This Agreement may be terminated by the Owner at any time. In the event of such termination, the Architect shall be compensated as provided in paragraph 1.3.8.6." 1.4.2. Amend this paragraph by adding the following: "Notwithstanding 1.3.7.1, this Agreement shall be governed by the laws of the State of Minnesota." 1.5.6. Deleted. Standard Form of Architect's Services: Design and Contract Administration 2.4.4.2 Amend this paragraph by adding the following: "The Architect shall submit the Contract Documents to the City Attorney for review and comment prior to distribution to prospective bidders. LIT 2.6.1.8. Insert in the fourth line after the word"Contractor"the word"and"and strike everything after the word"either"in the fourth line,placing a period(".") after the word"either." 2.6.2.1. Amend this paragraph by adding the following after the first sentence: "Site observation shall be conducted by the Architect a minimum of bi-weekly. 2.8.2.1. Amend this paragraph by inserting the following after the word"Architect": ", but only after approval by the Owner." 2.8.2.2. Amend this paragraph by inserting the following after the word"documentation:" ",but only after approval by the Owner." 2.8.3.20. Reinsert this paragraph and amend it by identifying that Record Drawings are a basic compensation service of the Architect. Specifically, the Architect shall provide a complete set of Record Drawings upon completion of the project. 2.9.1. Add the following paragraph 2.9.1: "Approvals by the Owner shall not be deemed to be an assumption of responsibility and liability by the Owner for any defect in the designs, working drawings, and specifications or other documents prepared by the Architect, its agents, employees, and others, it being the intent of the parties that approval of the Owner signifies the Owner's approval of only the general design concept of the improvements to be constructed. The Architect covenants and agrees to and does hereby indemnify and hold harmless the Owner, its officers, agents, and employees from any loss, damages, liability or expense on account of damage to property and/or injuries (including death) to any person or persons, including employees or agents of the Architect,which might arise out of any negligence of the Architect, its employees, or agents. The Architect shall defend at its expense any suit or other proceedings brought against the Owner or its officers, agents, or employees on account of such negligence and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against Owner or its officers, agents, or employees in connection therewith; provided,however, this provision shall not be construed as requiring the Architect to defend, indemnify, or hold harmless the Owner, its officers, agents, or employees from loss, damages, liability, or expense on account of damage to property or personal injury, including death, arising out of negligence of the Owner, its officers, agents, or employees. With regard to any such suit or proceedings,Architect may select to retain for such defense, counsel as it may choose." 2.9.2. Add the following paragraph 2.9.2: "If any of the Construction Documents, consisting of plans, designs, drawings, and specifications, and any other document pursuant to which the Project improvements are to be constructed, are defective or deficient or not fit and proper for the construction of the Project Improvements, Architect shall, (unless such defect or deficiency is the result of incorrect information supplied to the Architect by the Owner pursuant to the provisions hereof)make such changes, corrections, and modifications as shall be necessary to correct such defect or deficiency and to make the same fit and proper for such construction without any additional compensation to the Architect." 2.9.3. Add the following paragraph 2.9.3: "Architect covenants that during the term of this Agreement and for a period of two years after final completion and acceptance of the Project, it shall maintain and keep in force a professional liability insurance policy insuring it against malpractice, errors, and omissions in an amount of not less than$2,000,000.00." Municipal Contract Provisions Unless excluded by the applicable law the following provisions shall apply to this contract: A. Definitions. The following definitions apply to this Appendix. A.1 "City"means the City of Eden Prairie. A.2 "Contracting Party"means Miller Dunwiddie Associates, Inc. A.3 "Contract"means the Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services and any addendums to the Agreement. B. Data Practices Act. The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contracting Party. C. Audits. The books, records, documents, and accounting procedures and practices of the Contracting Party or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 50 D. Income Tax Withholding. No final payment shall be made to the Contracting Party until the Contracting Party has provided satisfactory evidence to the City that the Contracting Party and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. E. Worker's Compensation. Contracting Party 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. F. Discrimination. In performance of this contract, the Contracting Party 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 Contracting Party, any subcontractor of the Contracting Party, or any applicant for employment. The Contracting Party shall include a similar provision in all contracts with subcontractors to this contract. The Contracting Party further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. G. 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. H. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. J. Contracting Party's Prompt Payment of Subcontractors. The contracting Party shall pay to any subcontractor within ten (10) days of the Contracting Party's receipt of payment from the City for undisputed services provided by the subcontractor. The Contracting Party shall pay interest of one and a half percent (1 %Z%) 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 Contracting Party shall pay the actual amount due to the subcontractor. 51 K. Limitation of Remedies In the event of a breach of the Contract by City, the Contracting Party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. MILLER DUNWIDDIE ASSOCIATES, INC. By Its CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager EP\Parks\Cummis Jaques Rehab\Addendum CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Chief George Esbesen Resolution to revise the Southwest Mutual Aid T3 Association Agreement Requested Action: Adopt the Resolution revising the Southwest Mutual Aid Association Agreement by recognizing that Excelsior Fire Department has changed its name to Excelsior Fire District. Synopsis: Council approval is needed from each participating city to recognize that Excelsior Fire Department has changed its name to Excelsior Fire District. Background Information: This is an agreement with several other fire departments to provide mutual aid for each other as needed. Each City Council needs to approve all additions and deletions of participants, as they approved the original agreement. Attachments: Resolution 53 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2003- SOUTHWEST MUTUAL AID ASSOCIATION REVISION EDEN PRAIRIE FIRE DEPARTMENT WHEREAS,the City of Eden Prairie has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; and WHEREAS,the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; and WHEREAS,the existing agreement requires the parties of the agreement to approve by resolution a new Exhibit A to add a new member to the agreement; and WHEREAS,the City of Excelsior Fire Department was a member but has changed to the Excelsior Fire District and would like to continue to be a member of the Association. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: The revised Exhibit A dated 7/25/02,which includes the Excelsior Fire District is hearby approved as the new official list of parties to the agreement establishing the Southwest Mutual Aid Association. The City Clerk is directed to transmit a certified copy of this resolution to the Secretary of the Southwest Mutual Aid Association. ADOPTED by the Eden Prairie City Council on March 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 51] Southwest Mutual Aid Association Personnel And Equipment Agreement EXHIBIT A City of Bloomington: Minneapolis Fire Dept. Bloomington Fire Dept. 300 S 5th St- Room 230 2215 Old Shakopee Rd. Minneapolis, MN 55415 Bloomington, MN 55431 • City of Minnetonka: City of Chanhassen: Minnetonka Fire Dept. Chanhassen Fire Dept. 14550 Minnetonka Blvd. 7610 Laredo Dr., Box 97 Minnetonka, MN 55345 Chanhassen, MN 55317 City of Plymouth: City of Eden Prairie: Plymouth Fire Dept. Eden Prairie Fire Dept. 3400 Plymouth Blvd. 7801 Mitchell Rd. Plymouth, MN 55447 Eden Prairie, MN 55344 City of Richfield: City of Edina: Richfield Dept. of Pub. Safety Edina Fire Dept. 6700 Portland Ave. 6250 Tracy Ave. Richfield, MN 55423 Edina, MN 55436 City of St. Louis Park: Excelsior Fire District St. Louis Park Fire Dept. 339 3rd Street 5005 Minnetonka Blvd. Excelsior, MN 55331 St. Louis Park, MN 55416 City of Golden Valley: City of Wayzata: Golden Valley Fire Dept. Wayzata Fire Dept. 7800 Golden Valley Rd. 600 Rice St. Golden Valley, MN 55427 Wayzata, MN 55391 City of Hopkins: Metropolitan Airport Commission: Hopkins Fire Dept. Airport Fire Dept. 1010 1st St. S. 6307 34th Ave. S. Hopkins, MN 55343 Minneapolis, MN 55440 City of Maple Grove: Maple Grove Fire Department 12800 Arbor Lakes Parkway P.O. Box 1180 Maple Grove, MN 55311-6180 7-30-2002 City of Minneapolis 55 CITY COUNCIL AGENDA DATE: March 4, 2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Request to Move and ITEM NO: From: Stuart A. Fox,Manager of Improve Totlot on the West Side of Round Lake Parks &Natural Resources Park Through: Parks and Recreation Robert A. Lambert Director Requested Action Motion: Move to recommend authorizing the relocation of the totlot on west side of Round Lake Park and provide for new play equipment not to exceed $10,000 during the summer of 2003. Synopsis In 2002, the City removed the totlot structure located north of Heritage Road on the west end of Round Lake Park as it no longer met City safety guidelines. Shortly thereafter,the City received a petition from a number of residents requesting the City to either replace the structure or improve the other totlot structure located approximately 400 yards north of the one that was removed. Staff indicated at that time that both structures were outdated and that the intent was to improve the northern most structure, but not to replace the structure formally located close to north end of Heritage Road. Residents were notified of the February 3, 2002 Parks, Recreation and Natural Resources Commission meeting to discuss improvements to the totlot. At that meeting, several residents expressed concern about improving the totlot that was located adjacent to their homes. The Commission instructed staff to research other locations within the adjacent area to see if one would be suitable for a totlot. Staff did survey the area and made a recommendation that the totlot be located to the east of its current location in an area adjacent to the loop trail around the lake. Residents have been notified of the March 3rd Parks, Recreation and Natural Resources Commission meeting and have been given a map of this proposed relocation site. They have been invited to attend the meeting and make any comments or recommendations that they may have regarding this new location, as well as the proposed improvements for the to totlot apparatus. The play equipment and location were selected by residents in attendance at the Commission meeting. SAF:mdd CITY COUNCIL AGENDA DATE: March 3, 2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Award Bid for ITEM NO: Parks and Recreation Services Crestwood Park Playstructure Stuart A. Fox,Manager Parks & -�-� Natural Resources Requested Action Move to: Award contract for $40,000 of playground equipment at Crestwood Park Playground to Webber Recreational Design, Inc. Synopsis City staff advertised for a new playstructure for Crestwood Park and received five bids. The manufacturers were invited to meet with the neighbors on February 20t1'. Each representative presented their proposed playstructure and answered questions from the audience. Based on feedback from neighbors that attended the meeting, they recommended the playstructure proposed by Webber Recreational Design, Inc. The staff concurs with their feedback and recommends the same vendor. Background Information The 2003 budget included $50,000 for Crestwood Park playstructure. Invitations to bid on the project were sent to six playground manufacturers and five proposals were received. The proposed budget for this project was $40,000 of playground equipment and$10,000 for site work and restoration. The five proposals were received from: • Earl F. Anderson, Inc. • Webber Recreational Design, Inc. • Minnesota Wisconsin Playground • Flanagan Sales, Inc. • Midwest Playscapes, Inc. Each of the submitted proposals met the guidelines as detailed in the Request for Proposal and Bid Specifications that were sent to each of the playground manufacturer representatives. Installation will be completed by July 1, 2003. SAF:mdd K:/Administration/Agenda Preparation/City Council Agenda Packe/2003/Parks/Award Playground Bid Crestwood Park 53 CITY COUNCIL AGENDA DATE: March 3,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Award Bid for Franlo ITEM NO: Parks and Recreation Services Park Playstructure Stuart A. Fox,Manager Parks & Natural Resources Requested Action Move to: Award contract for$40,000 of playground equipment at Franlo Park Playground to Flanagan Sales, Inc. Synopsis City staff advertised for replacement of the playstructure for Franlo Park and received five bids. The manufacturers were invited to meet with the neighbors on February 20th. Each representative presented their proposed playstructure and answered questions from the audience. Based on feedback from neighbors that attended the meeting, they recommended the playstructure proposed by Flanagan Sales, Inc. The staff concurs with their feedback and recommends the same vendor. Background Information The 2003 budget included $50,000 for Franlo Park playstructure. Invitations to bid on the project were sent to six playground manufacturers and five proposals were received. The proposed budget for this project was $40,000 of playground equipment and$10,000 for site work and restoration. The five proposals were received from: • Earl F. Anderson, Inc. • Webber Recreational Design, Inc. • Minnesota Wisconsin Playground • Flanagan Sales, Inc. • Midwest Playscapes, Inc. Each of the submitted proposals met the guidelines as detailed in the Request for Proposal and Bid Specifications that were sent to each of the playground manufacturer representatives. Installation will be completed by July 1, 2003. SAF:mdd K:/Administration/Agenda Preparation/City Council Agenda Packe/2003/Parks/Award Playground Bid Franlo Park 5 CITY COUNCIL AGENDA DATE: 03/04/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram The Cove 2°a Addition V 1{�}'1}' . A . Scott A. Kipp Requested Action Move to: • Continue the Public Hearing to April 1, 2003. Synopsis The proposal is for subdividing two existing single-family lots to create a third single-family lot along Beach Road adjacent to Bryant Lake. This item was continued at the February 18,2003 meeting. The attached letter from the proponent requests a continuance to the April 1,2003 meeting. A letter was sent to residents within 500 feet of the property notifying them of the continuance. Attachments 1. February 24,2003 letter requesting continuance 2. February 25, 2003 letter to area residents FROM LaMettry 952 974 9312 82-24-93 01:55PM TO 9498392 :47 P.Z/2 Richard A. La ilettry 18002 BeatpathTrail Eden Prairie, MN. 55347 February 24,2003 Mike Franzen C/O City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN.55344 Dear Mike Franzen, I am writing to request a delay of the Council meeting for The Cove 2"d Addition proposal, till April 1,2003 and to extend the common period till May 21,2003. Thank You_ Sinderely, • and A. La6+ttry.'j. 0 Eden Prairie MEMO 8080 Mitchell Road•Eden Prairie,MN 55344-4485•edenprairie.org.952-949-8300.TDD 952-949-8399 February 25, 2003 Cove 2nd Addition Area Residents Dear Resident: The applicant for The Cove 2nd Addition located at 6861 and 6871 Beach Road has requested a continuance of his project from March 4, 2003 to the April 1, 2003 City Council meeting. (see reverse) No Council action or neighborhood testimony will be taken at the March 4, 2003 City Council meeting. The Council will only make a motion to continue this item to the April 1, 2003 City Council meeting. No further public hearing notices will be sent regarding for this project. Sincerely, ifeltra• Scott A.Kipp Senior Planner (952-949-9489) Rertc'rt P3G-r CITY COUNCIL AGENDA DATE: March 4,2003 SECTION: Public Hearings/Meetings DEPARTMENT/DIVISION: ITEM DESCRIPTION: Hyland-Bush-Anderson ITEM NO: From: Stuart A. Fox, Manager of Lakes Park Reserve Parking and Trail 2.11. , Parks and Natural Resources Development Plan Requested Action Motion: Move to approve the development of a parking lot and trail improvements by Three Rivers Park District for the Anderson Lakes Park Unit of the Hyland-Bush- Anderson Lakes Park Reserve. Synopsis The Three Rivers Park District is starting development on their approved Master Plan for the Anderson Lakes Park Unit. They are proposing to construct an entry road connecting to a 19 car parking lot at the intersection of Amsden Way and Anderson Lakes Parkway. The grading and tree loss for this project will be minimal in light of the 300 plus acres of parkland that will remain in its current natural state. In conjunction with the parking installation, the Park District is proposing to improve the current soft surface trails and add a bituminous bike and pedestrian trail. This proposal was reviewed by the Parks, Recreation and Natural Resources Commission at its January 6, 2003 meeting. It was approved on an 8-0 vote. This proposal was also reviewed by the Community Planning Board at its February 24, 2003 meeting. It was approved on an 8-0 vote. Background In 1968, the City of Eden Prairie passed a referendum for acquisition of parkland on several of the major lakes in Eden Prairie, including Anderson Lakes, Bryant Lake, Staring Lake, and Round Lake. From 1969 until 1981 the City acquired nearly 350 acres of parkland around Anderson Lakes. In 1976 Anderson Lakes Park and Bryant Lake Park were designated regional parks and qualified for funding from the Metropolitan Council. In 1981 the City sold both parks to Hennepin Park District for the amount of local (municipal dollars) funds invested in those two facilities. Anderson Lakes Park is part of the Hyland-Bush-Anderson Lakes Regional Park Reserve complex. The majority of that complex is located within the City of Bloomington. The master City Council Agenda 4/4/03 Highland-Bush-Anderson Lakes Park Reserve Parking and Trail Development Plan Page 2 plan for that park reserve identifies the Anderson Lakes unit to remain in a predominately natural, undisturbed state with trails and natural areas. Originally, the Nature Center for the Hyland-Bush-Anderson Lakes Park Reserve was to be located within the Anderson Lakes Park unit; however, in the later part of the 1990's the Park District decided that expansion of the Richardson Nature Center was ultimately a better choice than developing another Nature Center at the Anderson Lakes Park Unit. Attachments: Letter from Three Rivers Park District Letters from Residents SAF:mdd . _ _ .....„-- ......„,Three Rivers. _ Administrative Center_ • 3000 Xenium Lan • lye - . MN 55441-2610 Telephone 763/559-9000 TDD 763/559-6719• Fax 763/559-3287 PARK DISTRICT" www threeri<ersparkdistrictorg .an equal opportunity employer • Febntary.3,2003 . Mr.Bob Lambert • " • _ - • - Director of Parks and Recreation ', City of Eden Prairie - `_ - .• - 8080 Mitchell Road - • Eden Prairie,MN 55344 - , • RE: Anderson Lakes Parking and Trail Development • - . Dear Mr.Lambert: , Please refer.to the following for information regarding the above•referenced project for discussion at • 'the February 24, 2003 Community Planning Board meeting'and the March 4, 2003 City Council meeting. . - • , • The Park District acquired the Anderson Lakes Park Unit from the City of Eden Prairie in April 1981 ' for purposes of operating and maintaining a large cohesive regional park in.the southern Hennepin • County metropolitan area. "The City was in.favor of selling this property to the Park District due to the- • recognized operation of the Hyland Lake Park Reserve and the Bush Lake Regional Park in this area. These parks were recognized as regional recreation elements that added a significant natural resource to this Regional Park Reserve complex. A joint master plan was prepared in 1983 by the Park District and the City of Bloomington identifying this area to remain in a predominately natural, undisturbed 'state with trails and natural areas, . . Potential development opportunities were discussed with the City of Eden Prairie on January 29, 2002. Discussion topics included the need to take a phased approach based upon the type of facilities, • . - cost and coordination with.other .elements of the Hyland-Bush-Anderson Lakes Regional Park' . • Reserve. The location and size of the proposed parking lot, paved and unpaved trails, and possible _ trail crossing of the Anderson Lakes causeway at the,Highway 169 bridge were discussed. The Park. • . District's 80/20 development policy was discussed as it'pertains to the preservation of natural areas , • and potential impacts due to the type and extent of recreation development. • -. • Concept development plans for the Anderson Lakes - Unit are• as ,follows; alignment alternatives/analysis plan(Reference 1)depicts existing turf trails and a proposed alternate bituminous .. ' trail,the trail alignment concept plan(Reference 2)depicts the proposed bituminous trail in"relation to _ • the proposed Trunk Highway 169 redevelopment,,a parking lot with a parking capacity'of nineteen is • " proposed (Reference 3) with an entrance across from Amsden Way, trail development at Highway , 169 (Reference 4), and typical trail sections (Reference 5) have been analyzed and are included for • ' discussion purposes.' . ' ' Promoting environmental stewardship through recreation and education in a natural resources-based park system • . February 3,2003 - Page 2. , Park District staff is in concurrence with the attached plans for parking Jot and trail development ' • within the-Anderson Lakes Park Unit. Park District staff will present these plans to the City of Eden Prairie for City Council review and comment. After review by the City of Eden Prairie,.Park District staff will present the comments to the Park District,Board for consideration. Park District staff will be available to make a presentation and answer questions. ' • The Park District Capital Improvement Program includes $140,000 for the parking lot'and minor ' improvements. 'The complete development will require additional funding and will need to be phased • pursuant to funding priorities established by the Board. • . • . _ . . We look forward to the presentation at the forthcoming meeting: • • Sincerely, . • Douglas F. ryant . Superintendent and Secretary to the Board . , DFB:Icl . Attachments ' _ Cc: Michael Horn,Landscape Architect . File:AND 0201A . • . . \\MASTER\SYS\users\pel\WP\LETTERS\Douglas F.Bryant\02-03-03—B Lambert=Anderson Lakes Parking and Trail Development by MH.doc . 1 5 , - • Reference 1 • LEGEND , E+dsting Etfuminous.TrQRs _ _.._........ g Stiuminais Troll to be Removed _ , .-ca.rcN-. gpca tvwwyp' . Fxiti»g Turf Trolls Proposed Turf Troll - I ' - !4 . -- Proposed Btt,Bke/Ped,Trail � , i,F Proposed Scenic Overlook r,-# Vyetland Q `;,.. 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' . . . . , . . .. , • ',• ' • , . . , • ' ., . • . • • . • , _.- . , ,, • . _ ._ • —, .. , . , - . • • • , _ . . , , , . , „ . ' ' . ks f i i s I* •'. II— — *911'II ' *1 . • ,-4T,7-1:it':.:-.Alt-i e.•. :f-?'"i?. :-.1...41'1% - SRF •' - I ree Rivers , PARK DISTRICt .. .. • ' .. • . •...•'. - - . - . , . . , •. . • I-t13.25.2003 1=17Pti Gil J F L PILOT PLANT NO.eY P.2 Bruce Gennrich 10277 Tarn Cir Eden Prairie,MN 55347 Eden Prairie City Council/Community Planning Department, I watched the planning commission hearing about the Anderson Lakes Park Reserve development and had just two comments to make before the City Council hearing: The subject of dogs being allowed in the park was just mentioned very briefly. I wouldn't mind dogs except that their owners don't always follow signs about keeping them leashed. For example,there are signs along the SW Trail Corridor that say pets must be leashed,but the signs are not enforced and easily ignored. Most times when I walk through Anderson Lakes Park now and I meet anyone they will be with an unleashed dog,and walking some distance behind it,too. If dogs are allowed at all,I am concerned about this natural area being taken over and being turned into an unofficial dog park—much as it is now, but on a larger scale. Secondly,I hope there will be some way to handle any unintended increase of people parking on the neighborhood streets if it should become an issue. Development and increased visibility will attract more visitors to the park. But those without a Three Rivers parking permit would not be able to use the parking lot. Right now there's an occasional car parked in front of my house that belongs to a park visitor,and it's not a problem. I just don't want it to become a problem when there's an increased awareness of the park. Otherwise I think developing the park is good. The trail now can be muddy at times so a wood chip surface would be an improvement. And the paved section will be a safe north-south bike trail through this area that is definitely needed. Bruce Gennrich #06e/ "7( int By: ARROW ADVANTAGE; 9529067135; 19 Feb 03 20:26; Job 628;Fage 1/1 To: Stuart Fox From : Stephen Fraser 2-19-03 Address: 9270 Talus Circle Eden Prairie,Mn. 55347 Ph#952-941-1860 Mr. Fox I wanted to send you this fax regarding the proposed changes at the Anderson Lakes parking lot and trails along 169 and Anderson lakes parkway. 1 live in the "Preserve" by the intersection of Anderson lake Pkwy and Amsden and feel it would be best if you would look into possibly moving the 19 stall parking lot to "k ranlo" and Anderson Lakes instead of putting at Amsdem and possibly snaking this a 12 stall parking lot instead of 19 spaces, and the 3rd thing I would like to address is to do "NO PAVING" of the paths at all. The paving will cause major damage to trees and the blacktop with all its oil and tar will need constant repair work,not to mention the environmental damage.This is a nice grass path that has worked well for years and all you have to do is run a mower over now and then. Stuart,in this time of severe budget crunches 1 am surprised that the city and Henn. County are looking into this at ail.Things are fine now and don't need to he changed. Please look into these issues and look at how this will affect the residents that live in this area. Thank you for you time Mr.Fox Regards, Stephen Fraser FEB 20 2003 12'.22 FR WELLS FARGO HOME MT652 943 1163 TO 9498480 P,fll To: Mr. Stuart Fox/Eden Prairie Planning Board Fax: 952-949-8480 • SUBJECT: Proposed Parking Lot on Anderson Lakes Pkwy and Auisden Way • Mr. Fox, I am writing in opposition to the above proposal. Asa resident of the neighborhood, I can tell you that the parking lot is not necessary. There is no reason to destroy the land and trees to put in a parking lot where it is currently being proposed. It is already difficult to get onto Anderson Lakes Pkwy from Ain den Way with the existing traffics If a lot is needed, it should be smaller(i.4;12 spaces)and located in a spot which is more suitable, such as Franlo Rd. and Andersoni Lakes. In regard to tarring the existing paths, why wreck a beautiful, natural pathway,with ugly tar which requires maintenance. I hope the planning commission will see that if it isn'tjbroken, don't fix it!! Thank you for your time. Pamela Pester ? 9230 Talus Circle , Eden Prairie,Mn. 55347 Tel_ 952-941-5229 4 • ,t • -13 FEB 20 2003 12:22 FR WELLS FRRGO HOME MTG52 943 1168 TO 9498480 P.©2 To. Mr. Stuart Fox/Eden Prairie Planning Board Fax: 952-949-8480 SUBJECT: Proposed Parking Lot on Anderson Lakes Pkwy and Amsden Way • Mr. Fox, I am writing in opposition to the above proposal._ As a resident of the neighborhood,I can tell you that the parking lot is not necessary. There is no reason to destroy the land and trees to put in a parking lot where it is currentlbetng proposed. It is already difficult to get onto Anderson Lakes Pkwy from Amsden Way with the existing traffic. If a lot is needed, it should be smaller(i e. 12 spaces) and located in a spot which is more suitable, such as Frank,Rd. and Anderson Lakes. In regard to tarring the existing paths, why wreck a beautiful, natural pathway with ugly tar which requires maintenance_ I hope the planning commission will see that if it isn't broken, don't fix it!! Thank you for your time. Pat Paterson 9215 Talus Circle Eden Prairie,MN 55347 Iso Tel. 952-941-0569 • • • �y ** TOTAL PAGE. pa ** 02120/2003 03:06 8433701 PAGE 02 TO: Stuart p.i-Zax/E.P.Planning Board RE: Propood Improvements Anderson Lakes Park Reserve I DATE: 20 February,2003 I. I I• FROM: Dine Sands (Talus Circle) I: 1. I am opposed to the proposed "improvements"to the nature area(indeed many of the Amsden/Taius Circle residents are). It is "au nature!"the way it is and should be left in a"Wild" state to trul'reflect a wilderness area that we are lucky enough to have within the confines of a city. We shcauldn't try to improve on nature, nor should we micro-manage it and"citify"this • wonderful area, such as happened at Lake Normandale Park. I: • i• With a$5 billion deficit in the state and impending war with several nations, it seems that now is not the timei .o spend money THAT DOES NOT TO BE SPENT. I would suggest using that money inste l to plant more trees in the Anderson Lakes Parks Reserve, add more duck/bluebird houses, etc.I If the Thre I•Rivers Parks District insists on going forward with this project, I would like to make the following suggestions: 1. Downsi x parking lot to 10-12 cars maximum. Living in the area,we all see that few cars (one to two) a week acivallly park and use the trails. A parking lot larger than this is overkill f 2. Move parking lot location to intersection of Franlo and A.L.P. By doing so,NO MORE TREES h1AVE TO BE TAKEN DOWN! Jusst widening A.L.P. some years ago brought 25 or so m. .lestic oaks and conifers to the blade of a chainsaw. 3. Leave turf trails in the"outback"as they are;DO NOT PUT ASPHALT ON THEM. Why destroy i;he ambiance of the nature experience? Why add the continual maintenance cost to this areal when you don't have to? An occasional mowing of the paths is all that is presently required;. • I' Was it Joni Mitchell who sang "they took down Paradise and put up a parking lot " : Please re-thiI:dc this issue; once the trees are gone they're forever gone. Once the paths are paved over.., the wilderness experience is forever gone. Once the parking lot is in it's in forever. Thank you or your consideration. I would appreciate the courtesy of a reponse. It is doubtful that X will bl•able to attend Monday's meeting; your information was received on Tuesday, which is lesj•than one week to the meeting. More lead time would be appreciated in the future. • r. • f: 41 Feb 20 03 06:22p Mike Feischaker 952-944-3815 p. 1 ■ ■ ■ To: Mr. Stuart Fox February 20, 2003 From: Michael Fleischaker Re: Hyland-Bush-Anderson Lakes Park Reserve Parking And Trail Development Plan Unfortunately my wife and I just returned from vacation so we were unable to have knowledge of this until we retrieved our mail from the post office. I find it hard to believe that •the only reason we, the residents within 500 feet of the planned area, were made aware of the "plan" is because you were legally obligated to let us know about it. Perhaps it could slip through the cracks and the county could just pull a fast one on us without too much heat! I have never seen such irresponsible concern for the environment or the local residents since the idiots 'wwho were responsible for the design of highway 169 from I 494 to CR 1. We are in a huge deficit in this state. How in the world can you consider such a project with the cost laid out in the plan? You and I both know that the figures list in the • notice I received is a. gross understatement of the realistic cost of the project. The area west of Amsden Way, ( at Franlo Road and Anderson Lakes Pkwy. ) , would require less destruction of the wooded areas and certainly would be no more costly to build a parking lot. The utilization of same would require no more than 10 spaces. More than that invites problems with underage drinking sites. Unless you plan to lock people out after a certain hour, it does not seem to be a sound and rational decision to build the lot at all. I therefore am requesting that this project be revisited when we are in a better financial situation and that all possible alternative sites are considered. There certainly doesn't appear to have been much thought given to our feelings as residents as to the location and the possible ramifications of the parking lots' existence at the proposed site. Sincerely, Michael Fleischaker 9250 Talus Circle Eden Prairie, MN 55347 Phone: (952) 944-1809 Planning Board Minutes February 10,2003 DRAFT Page 5 B. THREE RIVERS ANDERSON LAKES PARK PLAN A public meeting to review the park plan for Anderson Lakes Park Michael Horn of the Three RiversParks District presented this item. He stated that the Parks District acquired the Anderson Lakes Park property from the City of Eden Prairie in April of 1981. Anderson Lakes Park will be a part of the Three River's Regional Park Reserve complex that also includes Hyland Lake Park Reserve and the Bush Lake Regional Park. Anderson Lakes will remain in a primarily natural, undisturbed state with trails and natural areas. The Park District has an 80/20 development policy in the reserve parks which preserves 80% of the natural areas and limits development to the remaining 20% of the property. He said the trails will need to be realigned due to the impact of the Highway 169 construction and to reduce the grade. Most of the current trails will remain in their natural state and there is one trail that will be paved. There will be a paved land bridge connecting to the causeway at the Highway 169 bridge which will hook up with the Tierney Woods area. The project will be phased and there are currently funds available for the parking lot and trails. The trail connection through Terney Woods will be done at a later date. Horn stated there is a proposed parking lot allowing 19 parking spaces. It has a curved drive into the parking site. This was done to preserve the tree stands on either side and to follow the natural curve of the land. The entrance will line up with Amsden Way. Fox said the Anderson Lakes Park property was acquired in the late 60's, early 70's by the City of Eden Prairie. It consists of approximately 350 acres. In 1976,the area was designated by the Metropolitan Council as a regional park. An agreement was made to transfer the land to the Hennepin County Parks District. Fox stated originally the Nature Center for the Hyland-Bush-Anderson Lakes Park Reserve was to be located within Anderson Lakes Park. However,the later part of the 1990's the Park District decided to upgraded the Richardson Nature Center instead. The project was reviewed by the Parks, Recreation and Natural Resources Commission on January 6, 2003 and approved on an 8 - 0 vote. Staff recommends approval of the project based on plans dated December 5, 2002 and subject to the recommendations in the staff report. Robert Karol of 8751 Bentwood Drive spoke against the project for several reasons. He stated tree loss will cause a visual impact along Anderson Lakes Parkway. He commented that the parking lot is unnecessary since there is parking across the street in a shopping mall. He suggested looking into a lease arrangement with them since it is a safe crossing area. He also felt the entranceway to the parking lot was too long and used too much pavement. He stated flattening out the trails isn't a good idea and it would seem better to follow the slope of the land. He disagreed with the idea of a scenic overlook because it's a natural area that shouldn't be built Planning Board Minutes February 10,2003 M r Page 6 t` _., up. He said the paving of the trail would encourage bike riders to also use the natural trails. He suggested some kind of barrier to prevent access to the non-biking trails. He also suggested sound barriers along Highway 169 between the park and the highway. Brooks asked Horn how he arrived at the 19 parking spaces relative to the size of the park. He questioned whether there were statistics or surveys done regarding park use. Horn responded this was a standard minimum number of parking spaces, he didn't believe it was based on statistics. Brooks stated he favors a parking lot but he wasn't sure of the number of spaces, whether 19 was enough or too many. He said parking in the shopping mall parking lot wasn't a good idea; crossing the street would be a barrier and it would keep people away from the park if they have to cross the road. Brooks said he wouldn't like to see the trails leveled. Nelson said she likes the wooded area close to Anderson Lakes Parkway. She asked if the parking lot will be invisible to the road and whether people would feel comfortable in the dark going to their cars. Horn responded the parking lot will be visible from the street,there will be more of a police presence and the park will close at dusk. Nelson asked about the possibility of stop signs at Amsden Way to allow for a full crossing. Gray responded that putting stop signs in that area would cause traffic jams. He stated that within the next 5 or 6 years there will be a signal installed at Franlo and Anderson Lakes Parkway. This will depend on how residents respond to the idea of signalizing this intersection. With the completion of the 169 improvements, there will be an increase in traffic on Anderson Lakes Parkway. Nelson asked how difficult it will be to get in and out of the parking lot and whether there would be signs. She said she thought it might be a problem turning left into the park at certain busier times of the day. Gray responded there will be street signs and most of the residents exiting the park would be taking right turns back to the west. Steppat asked about parking lot lighting and his concern about security within the park and partying. He asked whether pedestrians walking along Anderson Lakes Parkway will feel safe with cars turning in and out of the park. Horn replied there was no plan for lighting but it could be considered. Gray stated that in regard to a 19 car parking lot this will not be heavily used. Pedestrians would have the right of way. Both pedestrians and motorists would need to be cautious. Koenig asked how much of the trails is going to be paved and what is the rationale for this. She commented that lighting would be disruptive in a passive park such as this. Horn stated that the bituminous trail along Anderson Lake Parkway would 1 <6. Planning Board Minutes February 10,2003 Pagel remain and the new trail would start at the parking lot and go north along 169. These types of trails are for bicycle traffic. Koenig asked Fox if the parking lot along Staring Lake was 20 spaces. Fox responded that it holds 40 vehicles. Sodt stated the plans show a left turn lane on Anderson Lakes Parkway before Amsden Way. He asked if there were plans for a left turn lane into the park in the future when Anderson Lakes Parkway is upgraded. Horn responded he didn't believe the road improvements would go that far. Sodt questioned whether there are topographic features that are the reason for the longer driveway into the parking lot. Horn responded there is a steep grade and they tried to arc it in a flat spot where the trees open up. It resulted in the least disturbance of the trees. Sodt stated he would often walk his dog in this area and it never occurred to him to park in the shopping center parking lot; he parked on the street usually on Amsden Way. Sodt stated he sees a need for the parking area and it should remain at this location. He continued parks are meant to accommodate a variety of people and paving some of the trail and leaving the rest in their natural state makes sense. Stoelting said he noticed there was a curb cut in that area and asked if the curb cut was the entryway for the drive. Fox responded it was done earlier when the Highway 169 and Anderson Lake Parkwy upgrade was made. The parking lot was planned for the park at that time. It is directly across from Amsden Way because it's important from a traffic standpoint to locate a parking lot opposite a road. Staff felt by keeping the parking lot behind trees it would remain more of a park setting and neighbors wouldn't be looking at parked cars. Stoelting asked about the dashed lines north and south. He asked what's happening as it goes west on Anderson Lake Parkway. Gray responded with the proposed 169 interchange there won't be any change to Anderson Lakes Parkway as far as width goes, only the elevation may change. The dotted lines indicate how far back the proposed construction limit on 169 will extend. Stoelting asked when the work on 169 will occur. Gray responded it depends on the legislature. The improvements are designated as an accelerated construction program so they could start construction in 2004, otherwise, it will be put off for 5-8 years. Brooks asked how many acres of County parks Three Rivers oversees and how many parks they are responsible for. Horn responded 27,000 acres total. The number of parks would depend on how you define a park. There are park reserves developed on an 80/20 policy with 80% of the park left in its natural state and 20% marked for development, and regional parks which are smaller in size but with more development. Planning Board Minutes February 10, 2003 : DRAFT Page 8 Don DeVoe of Three Rivers Parks Development stated there are small parking lots in other parks with approximately 20 car capacity. Monday through Friday use is sporatic. Use of the park will fluctuate by time of day. The parking lot is never full during this time. On the weekends there can be an overflow of parking onto the streets. Some cities request no parking be allowed on streets adjacent to the park. He said they could provide statistics on the number of people using the parking lots. Three Rivers has 8 park reserves, 7 regional parks, 3 special recreation features and regional trail corridors. There's approximately 18-20 different elements. Koenig asked about the reason for adjusting the grade on the trails. Horn responded that the turf trails will not be graded. The paved trail will be. Koenig stated she can see the value of a connected trail system for bikers. She said her biggest concern was them using the natural trails. She asked if there would be signs up to prevent this. She asked what the estimate for tree loss will be and how the roadway and parking lot will affect the stand of trees along Anderson Lakes Parkway. Horn responded that they will post signs and tree replacement will meet or exceed City requirements. He said since the entrance has been aligned to reduce impact, the trees along Anderson Lakes will be minimally impacted. Corneille asked about the idea of using the shopping center parking lot for park patrons and also the timing for construction. Fox responded that if we were building a City park users would never be allowed to park on someone else's property. It would hold true for this project also. Horn responded that the improvements are planned for this year. Stoelting asked if the Board was to vote on just the parking and trail development and not the overlook area. Horn responded it would also include the overlook which will be a widened spot in the trail with two benches. Stoelting asked if there is a fence between 169 and where the land bridge is located. Horn stated the land bridge would be 15 -20 feet or so below the highway level. Koenig asked who oversees protection of the trees and whether the City does this. Fox responded that when the County applies for grading permits it would require erosion control which would establish grading limits. Silt fencing would be put up at that point that would also serve as a tree protection fence. Nelson asked if there would be benches anywhere else besides the scenic overlook along the trails. Horn responded there aren't any planned other than the overlook area. Brooks asked if there were any other parks of similar size in the Eden Prairie area with similar size parking lots. Fox responded that many of the neighborhood parks have 40 - 60 parking spaces and approximately 10 - 20 acres of usage. Fox referred to Staring Lake Park and how the parking lot accommodates 40 cars and most of Planning Board Minutes February 10, 2003y Page 9 these people are walkers walking the 2 1/2 miles around the lake. Since this park is over 300 acres it would make sense to provide at least 20 stalls. The plan also has a future phase for expanding the lot. Brooks asked how this would be done. Horn responded they could expand to the south which would result in a doubling of capacity. Fox stated,there is a possibility that the parking lot may become too small and result in overuse and overflow parking. The park staff will need to monitor the use of the parking lot. Sodt said it would seem when the improvements are made there will be an increase in park use. He said the 19 car parking lot seemed reasonable. Koenig asked about restrictions not allowing dogs in the park. She asked if that was a County or City requirement. Horn responded that Three Rivers Park District does not allow dog walking although they are considering a leashed dog walking trail. Koenig stated that Eden Prairie has a variety of parks and this one is meant to be a passive one. MOTION by Nelson, second by Stoelting, to close the public hearing. Motion carried, 8-0. MOTION by Nelson, second by Steppat, to approve the request for the park plan for Anderson Lakes Park subject to the recommendations of the staff report dated February 21, 2003,to the City Council. Motion carried, 8-0. Corneille asked about the timing of the park improvements in conjunction with the 169 reconstruction. Gray responded that the construction of 169 will impact the area but didn't think it would deter people from using the park. Brooks stated it seems that most of the residents using the park will be coming from the west. Steppat stated neighbors will be glad to keep cars off the street and in the parking lot. I CITY COUNCIL AGENDA DATE: March 4,2003 SECTION: Public Hearing DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 01-5548 ITEM NO.: Engineering Services Approve Proposed Layout for TH 169 , C Rodney W.Rue Interchange Improvements at Anderson Lakes Eugene A. Dietz Parkway and Pioneer Trail(CSAH 1) Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution approving the proposed layout for TH 169 interchange improvements at Anderson Lakes Parkway and Pioneer Trail (CSAH 1). Synopsis This public hearing to consider layout approval for the TH 169 interchange improvements at these intersections is part of the "municipal consent" process. A public hearing notice was published in the Eden Prairie Sun Current on January 30, 2003, which meets the 30-day notice requirement. A written notice was also sent out to all Eden Prairie property owners within a quarter mile of the project corridor. Background Information MnDOT has hosted two open houses for corridor residents. At these open houses, project layouts were shown and comments were received. At the recent Council workshop, comments/ issues that were heard at these open houses were presented to you. As you may recall, some of the issues that were raised included noise concerns, environmental/park issues, property value concerns and Garrison Way access. There were also numerous supportive comments for the project. As was also discussed at the Council workshop, staff will work with MnDOT during the further development of this project to pursue the construction staging option of closing and completing the Pioneer Trail (CSAH 1) improvements prior to the closure of the Anderson Lakes Parkway intersection. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- APPROVING THE PROPOSED LAYOUT FOR TH 169 INTERCHANGE IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL(CSAH 1) WHEREAS,the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS,the Minnesota Department of Transportation(MnDOT)is proposing to make interchange improvements at TH 169 and Anderson Lakes Parkway and at TH 169 and Pioneer Trail(CSAH 1); and WHEREAS,MnDOT has prepared the layout and environmental documentation for this project; and WHEREAS,MnDOT will perform all preliminary and final design engineering necessary for the interchange improvements including retaining walls,relocation of public utilities,traffic signals,right- of-way acquisition, storm water and ponding improvements,intersection and interchange improvements, as well as other required preliminary and final designs associated with the roadway and bridge plans; and WHEREAS,MnDOT will construct a visual barrier beyond the terminus of the existing noise wall near the southerly intersection of Hennepin Town Road and Linden Drive to the maximum length and height practical in conjunction with the TH 169 interchange improvements at Pioneer Trail(CSAH 1); and WHEREAS,the right-of-way costs for this project are part of the MnDOT project; and WHEREAS, MnDOT and the City of Eden Prairie will work cooperatively toward the construction and completion of this project; and WHEREAS,the City Council of the City of Eden Prairie authorizes City staff to work with MnDOT to make any necessary minor modifications to the layout during the design phase of the TH 169 interchange improvement project; and WHEREAS,MnDOT has requested municipal consent for the TH 169 interchange improvements;and WHEREAS,pursuant to State Statute 161.164, the City of Eden Prairie is holding a public hearing to consider layout approval and subsequent municipal consent of said improvements. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council based on available information, studies and input received hereby approves Layout No. lA(S.P. 2776-02) for TH 169 interchange improvements at Anderson Lakes Parkway and Pioneer Trail (CSAH 1). ADOPTED by the Eden Prairie City Council on March 4, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk C63 Rod Rue-TH 169 Interchange Improvements Page 1 From: "Ann Strong-Schmitz"<Ann.Strong-Schmitz@NorthMemoriai.com> To: <rrue@edenprairie.org> Date: 2/17/03 10:15AM Subject: TH 169 Interchange Improvements Dear Mr. Rue, I appreciate receiving the letter regarding interchange improvements to TH 169. I was not able to attend either open house, but do try to follow this issue closely through the news media. I will try to attend the March meeting. Can you help forward this note to the appropriate person? To a limited extent I support the idea of the interchange improvements. I hope the elimination of the signalized intersections will eliminate the red light-runners. If memory serves me correct we have had two or three deadly crashes at the Andersen Lakes intersection alone, but let's not forget to mention the less deadly but injurious(and costly)ones that have also occurred. Personally, I live on Archer Lane and access 169 at Andersen Lakes. I cross TH 169 at Andersen Lakes more frequently than at Pioneer Trail, but reports indicate red light-runners pass through the area quite often. My concern about the upgrade at these two intersections is that the problem will simply be delayed by 2 miles to the north. How will I, as an Eden Prairie resident, be assured that law enforcement personnel will be present to enforce speed limits and driving behaviors of the drivers coming up behind me as I wait for a green light at Highwood Ave? Anecdotal evidence tells me drivers coming across the Minnesota River and those that will be entering from Riverview, Pioneer, and Andersen Lakes aren't going to willingly obey posted speed limits. Please be persistent in demanding"Prepare to slow"signs with flashing lights to ensure my family,friends, and community can travel that stretch as safely as possible. Please impress upon the council the importance of a good law enforcement presence. Too many people have died and been injured!! Thank you for your time. Ann Strong-Schmitz 9791 Archer Lane EP 55347 H: 952.829.8832 W: 763.520.1095 5y Rod Rue-1.C.01-5548 _ Page 1 From: <Bobking1234@aoi.com> To: <rrue@edenprairie.org> Date: 2/14/03 3:57PM Subject: I.C.01-5548 Dear Mr. Rue: I am the current president of the Board of Directors of the Townhomes of Sherwood Homeowners Association. Our 164 homes are immediately adjacent to Townline Road which parallels Highway 169. I have attended both of MnDot's public information meetings and, as a result, I am on a mailing list for MnDot project updates. If the City of Eden Prairie has, or is considering,a similar mailing list, please add my name. Our homeowners are, in some ways, directly affected by the proposed improvements. In the last 18 months, I have published information received by MnDot in our monthly association newsletter which is received by all Sherwood homeowners. For your information,the project was discussed at our annual meeting last October. Those homeowners in attendance overwhelmingly supported the project's goals, especially the possible elimination of compression braking noise from heavy trucks. At the same time, however, they are concerned---though not necessarily opposed---to the probable disruption to their daily activities during construction periods. If the City has additional information to share, please consider our neighborhood as interested parties. Sincerely, Bob King 9673 Hampshire Lane Eden Prairie, MN 55347 952-941-1902 bobking1234@aol.com j Rod Rue-1_C. 01-5548 Page 1 From: <NikitaRosita@cs.com> To: <rrue@edenprairie.org> Date: 2/20/03 12:33PM Subject: I.C.01-5548 Dear Mr. Rue: This has reference to your letter of Feb 10th concerning the proposed improvements to 169. Since I will be out of town the day of your public meeting I wanted to let you know that I support the improvements and would hope that they will be accomplished as soon as possible. Lee Larson 10337 Normandy Crest Eden Prairie, Mn 55347 CITY COUNCIL AGENDA SECTION: Public Hearing DATE:March 4,2003 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: 2003 Community Development Block Scott Neal Grant Funding(CDBG) David Lindshl Recommendations Requested Action: Move to: Adopt Resolution approving the use of funds for the 2003 Urban Hennepin County Community Development Block Grant (CDBG) program as recommended by the Human Services Review Committee(HSRC). Synopsis: The Human Service Review Committee(HSRC)reviewed the 2003 CDBG proposals and recommended the following activities be funded: Funding County Public Service Activities (15%cap) Level Priority 1. PROP - Emergency Housing Assistance $ 10,100 High 2. HOPE Family Support Services $ 7,000 High 3. GMDCA-Child Care Subsidy Program $ 10,000 High 4. HOME-Household&Outside Maintenance for Elderly $ 5,000 High 5. Homeline Tenant's Advocacy Service $ 3,000 High Sub Total $ 35,100 (15% of total) Housing Activities Level 6 Housing Rehabilitation Deferred Loan Program $ 50,000 High 7. Affordable Rental Housing Land Acquisition $148,900 High Sub Total $198,900 (75% of total) Grand Total $234,000 Background: The 2003 CDBG entitlement is$234,000,and will be available beginning in July 2003. The HSRC Committee,which is comprised of staff from Police, Park and Recreation, Human Resources, and Human Services, 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 priority needs 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. Supplemental Information: Resolution& Summary of Proposals &Hennepin County Goals 2003 CDBG Summary of Proposals Funding Activity Agency Level Purpose Clients Served Housing Assistance PROP $10,100 Rental&Mortgage Assistance 400 people served in 2002 HOPE City of EP $7,000 Family Support/Self 40 families served Sufficiency program Child Care Subsidy Greater MPLS Day $10,000 Childcare for low-income The City's funding will Care Ass. families working/training at help keep the waiting list least 25 hours/week. to a minimum in 2003 Senior Community Maintenance and chore service 45 households served in HOME Services $5,000 to persons 60 and older. 2002. Tenant Advocacy HOME line $3,000 Hotline to help resolve tenant- Service landlord problems 1,300 calls since 1992 Housing Rehab Low-interest deferred loans of 5 clients were served in Deferred Loan City of EP BRA $50,000 up to$15,000 for home 2002. Program improvements. Land Acquisition City of EP HRA $148,900 Land acquisition assistance for A$200,000 CDBG loan affordable housing was provided for the developments. Lincoln Parc apartment development. Totals 234,000 a Hennepin County Housing&Community Development Goals 2001-2004 Category Priority Five Year Goal Rental Housing Small Family/Unrelated Individual High<50% MFI 800 units Large Family High<50% MFI 50 units Elderly High<30% MFI 150 units Physically Disabled High<30% MFI 50 units Ownership Housing Existing Homeowners • Housing Rehabilitation High<50% MFI 1,200 units • Mortgage Foreclosure Prevention 1,000 households First Time Homebuyers • Homeownership Assistance High<50% MFI 1,300 households • Physically Disabled 5 households • Homeownership Training 1,250 households Homeless Housing Prevention&Housing Services Use Continuum of Care 500 persons (Emergency Shelter Grant funds only) Housing units/beds(Include shelter/transitional Use Continuum of Care 100 units/beds housing for survivors of domestic abuse) Special Needs (Non-Homeless) Frail Elderly Low 50 units/beds Chemically Dependent Low 50 units/beds Mentally Ill High 150 units/beds Developmentally Disabled Medium 50 units/beds Physically Disabled Medium 50 units/beds Persons with AIDS Medium 50 units/beds Community Development&Public Service Senior Services/Facilities High N/A Family Services/Facilities High N/A Youth Services High N/A Neighborhood Revitalization* High N/A * 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. Pa/3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING USE OF FUNDS FOR 2003 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 Hennepin 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 4, 2003 to obtain the views of citizens on the proposed use of$234,000 for the 2003 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Urban Hennepin County Community Development Block Grant program, authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2003 Urban Hennepin County Community Development Block Grant Program, and authorizes and directs the Mayor and the City Manager to execute Subrecipient and Third Party Agreements between the City and Hennepin County on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance $ 10,100 HOPE Family Support Services $ 7,000 GMDCA- Child Care Subsidy Program $ 10,000 HOME-Household& Outside Maintenance for Elderly $ 5,000 Homeline Tenant's Advocacy Service $ 3,000 Housing Rehabilitation Deferred Loan Program $ 50,000 Affordable Rental Housing Land Acquisition $148,900 Total $234,000 ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 90 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Mar.4,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims V I 1 , Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 117818-118203 Wire Transfers 1722-1738 Background Information Attachments 1 � City of Eden Prairie Council Check Summary 3/4/2003 Division Amount General 364,444 101 Legislative 261 102 Legal Counsel 117 104 Contingency 640 110 City Clerk 1,395 111 Customer Service 5,529 112 Human Resources 2,068 113 Communication Services 1,389 114 Benefits&Training 51,309 115 Risk Management 212 116 Facilities 17,797 117 City Center 2,571 130 Assessing 92 131 Finance 55 132 Housing,Trans,Social Service 3,295 133 Community Development (126) 134 Heritage Preservation 775 135 Information Technology 7,786 136 Wireless Communication 6,833 150 Park Administration 18,514 151 Park Maintenance 2,956 153 Athletic Programs 3,300 154 Community Center 29,649 156 Youth Programs 2,245 158 Senior Center 2,860 159 Recreation Administration 155 160 Adaptive Recreation 284 161 Oak Point Pool 20,567 162 Arts 1,696 163 Park Facilities 650 180 Police 25,865 184 Fire 9,797 185 Animal Control 228 186 Inspections 233 200 Engineering 90 201 Street Maintenance 12,583 202 Street Lighting 192 203 Fleet Services 35,655 302 HRA Fund 15,000 308 E-911 1,464 309 DWI Forfeiture 796 421 2003A Park Bonds Refunding 1,548 502 Park Development 1,124 503 Utility Improvement 400,001 506 Improvment Bonds 1996 48,499 507 Construction Fund 73,024 509 CIP Fund 1,430 511 Construction Fund 50,715 601 Prairie Village Liquor 116,767 602 Den Road Liquor 182,523 603 Prairie View Liquor 116,620 701 Water Fund 52,880 702 Sewer Fund 482 703 Storm Drainage Fund 16,123 803 Escrow Fund 13,296 806 SAC Agency Fund 29,925 Report Totals 1,756,180 9; City of Eden Prairie Council Check Register 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1722 24,288 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1723 127,113 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1724 8,772 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1725 15,367 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1726 86,468 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1727 981 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1728 68,078 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 1729 10,267 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1730 1,809 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1731 8,761 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1732 1,941 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1733 75 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1734 225 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1735 1,563 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1736 263 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1737 67,920 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1738 8 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 117818 31 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 117819 1,705 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 117820 32 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 117821 115 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 117822 5,306 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 117823 4,045 DAY DISTRIBUTING Beer Prairie Village Liquor Store 117824 1,655 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 117825 5,607 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 117826 522 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 117827 649 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 117828 11,585 GRIGGS COOPER&CO Misc Non-Taxable Prairie View Liquor Store 117830 21,108 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 117831 6,222 MARK VII Beer Den Road Liquor Store 117832 298 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 117833 222 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 117834 3,953 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 117835 589 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 117836 12,030 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 117837 570 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 117838 2,462 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 117839 9,660 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 117840 16,367 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 117841 1,814 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 117842 1,701 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 117843 1,064 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 117844 85 AMERICAN BUILDING CONTRACTORS Building Permits General Fund 117845 1,880 ARCH PAGING Pager&Cell Phone Wireless Communication 117846 1,413 ASPEN WASTE SYSTEMS INC. Other Contracted Services Senior Center 117847 269 C&J TRAVEL INC Tuition Reimbursement/School Police 117848 45 CARLSON,BETH Program Fee Senior Center Program 117849 395 CHANHASSEN DINNER THEATRE Special Event Fees Adult Program 117850 643 COMFORT INN Tuition Reimbursement/School Police 117851 20 CORPORATE MECHANICAL Cash Over/Short General Fund 117852 128 CRACAUER,CLIFF Mileage&Parking Fleet Services 117853 62 DEGREE,BETH Operating Supplies Fitness Classes 117854 27 ELECTION SYSTEMS&SOFTWARE IN Operating Supplies Elections 117855 42 ELLIOTT,THERESA Program Fee Adult Program 117857 2,601 GENUINE PARTS COMPANY Operating Supplies Fire 117858 178 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 117859 62 HENNEPIN COUNTY Waste Disposal Park Maintenance 117860 20 HENNEPIN COUNTY COMMUNITY HEAL Conference Expense In Service Training 117861 10 HENNEPIN COUNTY FIRE CHIEF ASS Dues&Subscriptions Fire 117862 8 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 117863 451 HENNEPIN TECHNICAL COLLEGE Operating Supplies Senior Center Program 117864 150 HOLIDAY INN CLARKSBURG Tuition Reimbursement/School Police 117865 42 LAMBERT,MARTHA Program Fee Adult Program 117866 50,598 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Employee Benefits 93 City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor!Explanation Account Description Business Unit 117867 114 LOFGREN HEATING&AC Mechanical Permits General Fund 117868 40 MARQUARDT,ESTHER Program Fee Adult Program 117869 86 MCCARTHY,BOB Program Fee Adult Program 117870 34 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 117871 46 MENARDS Repair&Maint.Supplies Maintenance 117872 45 MENDENHALL,PAM Program Fee Senior Center Program 117873 219 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 117874 505 METRO SALES INCORPORATED* Other Contracted Services Telephone 117875 50 MFSCB Conference Expense Fire 117876 400 NEU PLBG Plumbing Permits General Fund 117877 45 ROVANG,LEILA Program Fee Senior Center Program 117878 45 STRAND,BRIAN Program Fee Senior Center Program 117879 45 STRAND,DAVID Program Fee Senior Center Program 117880 45 TAKES,JOANNE Program Fee Senior Center Program 117881 8 TIME WARNER CABLE Operating Supplies Fire 117882 99 U.S.WATER NEWS Dues&Subscriptions Water Utility-General 117883 60 UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 117884 418 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 117885 350 ZWIEG,JEFF Other Contracted Services Police City Center 117886 101 AT&T Pager&Cell Phone Police 117887 50 BERGSTROM,JIM Clothing&Uniforms Police 117888 100 BLOOMINGTON PARK CATERED EVENT Miscellaneous Communication Services 117889 166 BOCK,FRED Clothing&Uniforms Police 117890 36,159 CENTERPOINT ENERGY MARKETING I Gas Maintenance 117891 1,309 CLASSIC GYMNASTICS Instructor Service Winter Skill Development 117892 144 CORDER,DEAN R. Clothing&Uniforms Police 117893 468 GEIS,ROB Travel Expense Police 117894 1,000 GOODHUE COUNTY SHERIFF'S DEPT Deposits Escrow 117895 360 GREATAMERICA LEASING CORP. Other Rentals General 117896 250 HAGAN,JULIE Conference Expense In Service Training 117897 50 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 117898 30 HOMA,WENDY Conference Expense Recreation Administration 117899 20,308 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 117900 325 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 117901 56 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation 117902 40 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 117903 22 MINNESOTA DEPT OF NATURAL RESO Operating Supplies Fleet Services 117904 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 117905 373 MINNESOTA HORSE&HUNT CLUB Dues&Subscriptions Police 117906 214 MORROW,JAMES Clothing&Uniforms Police 117907 2,545 QWEST Telephone E-911 Program 117908 77 RICHFIELD,CITY OF Operating Supplies Fleet Services 117909 99 SERAFIN,TRAVIS Clothing&Uniforms Police 117910 314 STAR TRIBUNE Legal Notices Publishing City Clerk 117911 1,845 US POSTMASTER-HOPKINS Postage Water Accounting 117912 69 WILSON,JOHN D. Clothing&Uniforms Police 117913 15 WYFFELS,BILL Clothing&Uniforms Police 117914 435 BCA CJIS ID UNIT Employment Support Test Human Resources 117915 22 CITIZENS LEAGUE Dues&Subscriptions City Council 117916 118 CONSTRUCTION BULLETIN Legal Notices Publishing Water Treatment Plant 117917 165 CUB FOODS EDEN PRAIRIE Operating Supplies Police 117918 20 D'AMICO AND SONS Operating Supplies Fire 117919 37,874 DMJ CORPORATION Improvement Contracts Construction Fund 117920 366 DRISKILLS NEW MARKET Operating Supplies Fire 117921 356 DUPONT,WILLIAM&SUZETTE Deposits Escrow 117922 63 HOME AT LAST AR Utility Water Enterprise Fund 117923 2,129 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 117924 7,593 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 117925 53 QUICKSILVER EXPRESS COURIER Postage General 117926 165 QWEST Telephone Sewer Liftstation 117927 1,490 Qwest COMMUNICATIONS Pager&Cell Phone Police 117928 492 REBS MARKETING Other Contracted Services Water Accounting • 117929 261 REGENCY PARK TOWNHOMES AR Utility Water Enterprise Fund 117930 984 TESSCO Equipment Parts Wireless Communication 9y City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117931 345 UNIVERSITY OF ST.THOMAS Tuition Reimbursement/School Police 117932 498 VERIZON DIRECTORIES CORP Advertising Prairie Village Liquor Store 117933 300 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Park Maintenance 117934 173 AFFILIATED EMERGENCY VETERINAR Canine Supplies Police 117935 217 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Airport 117936 1,015 ANCHOR PRINTING COMPANY Printing Senior Center Program 117937 179 ASPEN PUBLISHERS INC Dues&Subscriptions In Service Training 117938 7,716 AUDIOVISUAL INC Other Assets Information Technology 117939 114 BAGS&BOWS Misc Taxable Den Road Liquor Store 117940 90 BOLD,PAULINE Instructor Service Outdoor Center 117941 364 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 117942 68 CULLIGAN BOTTLED WATER Operating Supplies Fire 117943 26 CULLIGAN-METRO Operating Supplies Outdoor Center 117944 4,683 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 117945 91 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 117946 90 FREY,TERRI GEIGER Instructor Service Outdoor Center 117947 1,509 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 117948 263 LEBLANC,ERIC Tuition Reimbursement/School Police 117949 29,626 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 117950 13,650 MINNESOTA STATE RETIREMENT SYS Wage Pay Out Police 117951 6,209 MINNESOTA STATE TREASURER Building Surcharge General Fund 117952 283 PETTY CASH Mileage&Parking Therapeutic Recreation 117953 40 QUICKSILVER EXPRESS COURIER Postage General 117954 1,537 REGION 6AA SHARE Fac.Rental-P&R Ice Arena 117955 132 SCIENCE EXPLORERS Instructor Service Special Events&Trips 117956 5 UNITED PARCEL SERVICE Postage General 117957 90 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 117958 162 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 117959 4,674 BELLBOY CORPORATION Liquor Den Road Liquor Store 117960 . 5,207 DAY DISTRIBUTING Beer Prairie Village Liquor Store 117961 2,734 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 117962 9,611 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 117963 531 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 117964 889 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 117965 7,338 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 117966 952 HOHENSTEINS INC Beer Prairie View Liquor Store 117968 16,874 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 117969 14,916 MARK VII Misc Non-Taxable Prairie Village Liquor Store 117970 697 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 117971 65 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 117972 1,590 PEPSI COLA COMPANY Merchandise for Resale Concessions 117973 6,608 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 117974 308 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 117975 1,791 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 117976 10,049 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 117977 11,251 THORPE DISTRIBUTING Beer Prairie View Liquor Store 117978 1,126 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 117979 152 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 117980 127 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 117981 43 ALBERTSON,DEBBIE Program Fee Ski Trips/Winter Camp 117982 294 BOB'S SPARKLE WASH Deposits Escrow 117983 10 BOLAND,MICHAEL Program Fee Outdoor Center 117984 40 BOLD,PAULINE Instructor Service Outdoor Center 117985 100 BORK,GARY Refunds Environmental Education 117986 1,275 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 117987 157 D'AMICO AND SONS Miscellaneous City Council 117988 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 117989 100 ELDRIDGE,MIKE Refunds Environmental Education 117990 15,000 FAMILY&CHILDRENS SERVICE Other Contracted Services Hope Loan Program 117991 86 GUARGENA,ROSEMARY Program Fee Ski Trips/Winter Camp 117992 100 HAUNG,SAM Refunds Environmental Education 117993 55 HEIBERG,ERIC Program Fee Winter Skill Development 117994 43 HENDERSON,CATHY Program Fee Ski Trips/Winter Camp 117995 54 HERON,LESLEY Program Fee Ski Trips/Winter Camp 95 City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 117996 28 JOINER,TERRI Program Fee Ski Trips/Winter Camp 117997 56 KELLY,KATHY Program Fee Ski Trips/Winter Camp 117998 43 KERR,DEANNA Program Fee Ski Trips/Winter Camp 117999 295 KNUTSON CONSTRUCTION COMPANY Deposits Escrow 118000 100 LAVONE,CAROUPAT Refunds Environmental Education 118001 158 MENARDS Operating Supplies Street Maintenance 118002 1,306 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 118003 5 MORRIS,COLETTE Program Fee Outdoor Center 118004 837 MRCI Building Materials Street Maintenance 118005 43 OTTUM,GERALYN Program Fee Ski Trips/Winter Camp 118006 43 PARKER,DEANN Program Fee Ski Trips/Winter Camp 118007 • 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 118008 5 PRENTICE,JACALYN Program Fee Outdoor Center 118009 458 RILEY BROTHERS Deposits Escrow 118010 86 ROREM,ANN Program Fee Ski Trips/Winter Camp 118011 228 SALO,RANDY AR Utility Water Enterprise Fund 118012 58 SCHOENWALD,TRAVIS AR Utility Water Enterprise Fund 118013 81 SIMPLE TO GRAND CATERING Miscellaneous City Council 118014 100 STEICHEN,CURTIS Refunds Environmental Education 118015 5 SWENSEN,MICHELLE Program Fee Outdoor Center 118016 43 THOM,LYNN Program Fee Ski Trips/Winter Camp 118017 125 UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 118018 96 UZ,GABRIELLE Program Fee Special Events&Trips 118019 40 VEITH,MICHELLE Events/Admission Fee Adaptive Recreation 118020 31 WANG,JEAN Lessons&Classes Ice Arena 118021 1,182 XCEL ENERGY Electric Water Treatment Plant 118022 114 AMB CONSTRUCTION Building Permits General Fund 118023 124 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Water Treatment Plant 118024 8 ANGELL-AIRE Cash Over/Short General Fund 118025 1,526 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 118026 50 BUCKINGHAM COMPANIES,THE Solid Waste Licenses General Fund 118027 160 CHOICE INC Other Contracted Services Prairie Village Liquor Store 118028 2,867 EARL F ANDERSEN INC Repair&Maint.Supplies Water System Maintenance 118029 82 ENR Operating Supplies Engineering 118030 22 FIRESIDE CORNER Mechanical Permits General Fund 118031 3,000 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 118032 506 HOME DEPOT/GECF Operating Supplies Winter Theatre 118033 3,295 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 118034 173 KRESS,CARLA Operating Supplies Teen Programs 118035 223 LMHRC Dues&Subscriptions In Service Training 118036 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 118037 212 PARK NICOLLET CLINIC Other Contracted Services Risk Management 118038 10 QUINNELL,GAYLE Program Fee Adult Program 118039 1,319 RENAISSANCE 1 DESIGN STUDIO Other Contracted Services Winter Theatre 118040 27 RUMFORD,JOAN Operating Supplies Senior Center Program 118041 1,037 SOUTHWEST SUBURBAN PUBLISHING- Advertising Communication Services 118042 125 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 118043 218 SUTER ELECTRONICS Equipment Repair&Maint Police 118044 63 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 118045 292 US POSTMASTER-HOPKINS Postage Senior Center Program 118046 38 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 118047 879 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 118048 96 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 118049 1,930 BELLBOY CORPORATION Liquor Den Road Liquor Store 118050 9,997 DAY DISTRIBUTING Beer Prairie View Liquor Store 118051 5,444 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 118052 15,747 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 118053 352 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store . 118054 588 FLAHERTYS HAPPY TYME COMPANY Misc Non-Taxable Den Road Liquor Store 118055 1,288 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 118056 11,412 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 118057 22,430 JOHNSON BROTHERS LIQUOR CO Other Revenue Den Road Liquor Store 118058 8,010 MARK VII Beer Prairie Village Liquor Store 118059 299 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store tG City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118060 536 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 118061 2,707 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 118062 413 PEPSI COLA COMPANY Merchandise for Resale Concessions 118063 13,364 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 118064 666 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 118065 2,705 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 118066 11,689 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 118067 22,304 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 118068 488 VINTAGE ONE WINES INC Wine Imported Den Road Liquor Store 118069 737 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 118070 4,396 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 118071 1,902 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 118072 202 3D SPECIALTIES Operating Supplies Traffic Signs 118073 1,145 4 WHEEL DRIVE CENTER,THE Capital Under$2,000 Park Maintenance 118074 8 A TO Z RENTAL CENTER Operating Supplies Park Maintenance - 118075 509 AERO DRAPERY AND BLIND Capital Under$2,000 Fire Station#1 118076 43 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 118077 115 AMERICAN PRESSURE INC Equipment Repair&Maint Water System Maintenance 118078 294 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 118079 2,433 ANCHOR PAPER COMPANY Office Supplies General 118080 560 BECKER ARENA PRODUCTS INC Equipment Repair&Maint Ice Arena 118081 423 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 118082 1,305 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 118083 210 BROWN,PAUL Other Contracted Services Park Facilities 118084 57 BUSINESS PRODUCTS EXPRESS Office Supplies Water Utility-General 118085 8,224 CARGILL SALT Salt Snow&Ice Control 118086 359 CLAREYS INC Operating Supplies General 118087 320 CORNELL,JON Other Contracted Services Basketball 118088 1,598 CORPORATE EXPRESS Office Supplies Fire 118089 5,098 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 118090 62 DEALER AUTOMOTIVE SERVICES INC Capital Under$2,000 Fleet Services 118091 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 118092 9,702 DELANO ERICKSON ARCHITECTS Other Contracted Services Planning&Development 118093 220 DILLEY,TODD Other Contracted Services Basketball 118094 82 DISPLAY ARTS Building Repair&Maint. Water Treatment Plant 118095 2,846 EARL F ANDERSEN INC Signs Traffic Signs 118096 288 ECOLAB INC Other Contracted Services Fire Station#1 118097 622 EDINA SW PLUMBING Other Contracted Services Fire Station#1 118098 873 EF JOHNSON Equipment Repair&Maint Wireless Communication 118099 570 ELVIN SAFETY SUPPLY INC Equipment Repair&Maint Fire 118100 2,427 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 118101 640 ENVIRONMENTAL RESOURCE GROUP Other Contracted Services Reserve 118102 51 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 118103 2,076 FACILITY SYSTEMS INC Other Contracted Services City Center Operations 118104 743 FERRELLGAS Gas Riley Lake 118105 17 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 118106 286 FIRE INSTRUCTORS ASSN OF MN Training Supplies Fire 118107 160 FORDAHL,TAMARA Other Contracted Services Volleyball 118108 247 FORE MECHANICAL,INC Building Repair&Maint. Public Works/Parks 118109 31 FORESTRY SUPPLIERS INC. Operating Supplies Park Maintenance 118110 38 FRANKLIN COVEY CO. Office Supplies General 118111 700 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 118112 95 GALLES CORPORATION Repair&Maint.Supplies Water Treatment Plant 118113 192 GRAYBAR Operating Supplies Street Lighting 118114 95 GUNNAR ELECTRIC CO INC Equipment Repair&Maint Park Maintenance 118115 809 GWS INC Operating Supplies Prairie View Liquor Store 118116 92 HALDEMANN HOMME INC Printing Assessing 118117 1,125 HAMILTON,MICHAEL Other Contracted Services Broomball 118118 6,597 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 118119 19,140 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 118120 2,316 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 118121 59 HIRSHFIELD'S Repair&Maint.Supplies Police City Center 118122 240 HOLMES,TOM Other Contracted Services Volleyball 118123 802 INGRAHAM&ASSOC Improvements to Land Park Acquisition&Development • i-1 City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118124 1,909 JANEX INC Cleaning Supplies Maintenance 118125 380 JANNINGS ACOUSTICS INC Building Repair&Maint. Prairie Village Liquor Store 118126 608 KEEPRS INC. Clothing&Uniforms Police 118127 407 KINKO'S Printing Sewer System Maintenance 118128 1,295 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Improvement Projects 1996 118129 595 KNUDTSON,STEVE Other Contracted Services Broomball 118130 13,370 KUSSKE CONSTRUCTION Improvement Contracts Storm Drainage Projects 118131 350 KUSTOM SIGNALS INC Operating Supplies Police 118132 1,795 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 118133 1,518 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 118134 775 LASTAVICH,STEVE Printing Heritage Preservation 118135 190 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 118136 6 LESCO INC Landscape Materials/Supp Storm Drainage 118137 285 LIGHTNING PRINTING Printing Communication Services 118138 105 LOES OIL COMPANY Waste Disposal Fleet Services 118139 125 LOFFLER BUSINESS SYSTEMS INC Equipment Repair&Maint Telephone 118140 6,320 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 118141 602 MARLOW FLOOR COVERING INC Cleaning Supplies Water Treatment Plant 118142 1,625 MARTIN-MCALLISTER Employment Support Test Human Resources 118143 796 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture 118144 1,014 MAXI-PRINT INC Printing Police 118145 422 MENARDS Training Supplies Police 118146 383 METRO FIRE Equipment Repair&Maint Fire 118147 78 METROPOLITAN FORD Equipment Parts Fleet Services 118148 73 MIDWAY CONTAINER INC Small Tools Fire 118149 43 MIDWEST TELETRON INC. Operating Supplies Police 118150 72 MIKE'S SHOE REPAIR INC Protective Clothing Fire 118151 83 MINNESOTA TROPHIES&GIFTS Operating Supplies Reserves 118152 676 MOORE MEDICAL CORP Safety Supplies Fire 118153 640 MURRAY,JOHN Other Contracted Services Basketball 118154 123 NORCOSTCO Operating Supplies Winter Theatre 118155 1,721 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Charlson Area Construction 118156 1,548 NORTHLAND SECURITIES INC Bond Issue Costs 2003A G.O.Park Refunding 118157 56 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 118158 3 OLSEN COMPANIES Equipment Parts Fleet Services 118159 1,130 ORBACOM COMMUNICATIONS Equipment Parts Wireless Communication 118160 511 PACE ANALYTICAL SERVICES INC. Other Contracted Services Water Treatment Plant 118161 143 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 118162 72 PAPER WAREHOUSE Operating Supplies Special Events&Trips 118163 50 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Senior Center Administration 118164 252 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 118165 34 POWERPLAN Equipment Parts Fleet Services 118166 1,283 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Public Works/Parks 118167 49 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Street Maintenance 118168 160 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 118169 231 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 118170 32 RAINBOW FOODS INC. Operating Supplies Senior Center Program 118171 407 RF PARTS CO Equipment Parts Wireless Communication 118172 65,125 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 118173 83 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 118174 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 118175 9,675 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 118176 137 SHRED-IT Waste Disposal City Center Operations 118177 39 SIERRA CORPORATION Equipment Parts Fleet Services 118178 147,814 SM HENTGES&SONS INC Improvement Contracts Utility Improvement Fund 118179 217 SNAP-ON TOOLS Equipment Repair&Maint Fleet Services 118180 130,718 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 118182 3,321 STREICHERS Clothing&Uniforms Police 118183 24 SUBURBAN PROPANE Motor Fuels Fleet Services 118184 1,001 SUN NEWSPAPERS Legal Notices Publishing City Clerk 118185 125 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 118186 1,953 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 118187 450 TESSCO Operating Supplies Wireless Communication 118188 878 THYSSENKRUPP ELEVATOR Building Repair&Maint. City Center Operations 93 City of Eden Prairie Council Check Summary 3/4/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118189 60 TOYSMITH Operating Supplies Fitness Classes 118190 10 TWIN CITY OXYGEN CO Operating Supplies General Facilities 118191 952 UNIFORMS UNLIMITED Capital Under$2,000 Fleet Services 118192 245 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 118193 428 US CAVALRY Clothing&Uniforms Police 118194 195,000 VESSCO INC Improvement Contracts Utility Improvement Fund 118195 133 W W GRAINGER Repair&Maint.Supplies Maintenance 118196 1,901 WATSON CO INC,THE Merchandise for Resale Concessions 118197 138 WESTBURNE SUPPLY INC-PLYMOUT Repair&Maint.Supplies Maintenance 118198 676 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 118199 1,385 WM MUELLER AND SONS INC Gravel Storm Drainage 118200 91 WOLF CAMERA Video&Photo Supplies Park Maintenance 118201 93 WORM,SANDY Operating Supplies Park Maintenance 118202 107 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 118203 1,058 ZEP MANUFACTURING CO Operating Supplies Fleet Services 1,756,180 Grand Total 99 CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS March 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager First Reading of an Ordinance Amending City ' J Code Chapter 2.25 and 226,Relating to the Board of Adjustments and Appeals Requested Action Move to: Approve the first reading of the Ordinance amending City Code Chapter 2, relating to the Board of Adjustments and Appeals. Synopsis The City Code is being amended to reflect that the Community Planning Board shall serve as the Board of Adjustments and Appeals. Background The proposed ordinance, if ultimately approved by the City Council,will dissolve the separately constituted Board of Adjustment&Appeals (BAA). The functions and responsibilities of the BAA will be transferred to the Community Planning Board. Upon final approval,the members of the Community Planning Board will serve simultaneously as both the City's Community Planning Board and its Board of Adjustments &Appeals. This item was prepared at the request of the City Council,pursuant to the Council's discussion at its February 18, 2003 Workshop. City staff advanced this item to the City Council and recommend the Council's affirmative reading of the ordinance's first reading. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.25,RELATING TO COMMUNITY PLANNING BOARD; AMENDING SECTION 2.26,RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 2.25 by adding Subd. 2. D. as follows: SECTION 2.25 COMMUNITY PLANNING BOARD Subd.2. D. The Community Planning Board shall serve as the Board of Adjustments and Appeals. Section 2. The Eden Prairie City Code shall be amended by amending Section 2.26, Subd. 1 and repealing Subd. 3 as follows: SECTION 2.26 BOARD OF ADJUSTMENTS AND APPEALS Subd. 1.Establishment. The Board of Adjustments and Appeals("Board")is hereby established. The Community Planning Board shall serve as the Board of Adjustments and Appeals. Subd. 3. Repealed. Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of March,2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of , 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2003. /DI CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS March 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department First Reading of an Ordinance Amending City Fire Chief George Esbensen Code Section 9.05,Relating to Fireworks • Requested Action Move to: Approve the first reading of the Ordinance amending City Code Chapter 9,relating to fireworks. Synopsis The City Code is being amended to provide the ability to safely regulate the display, sale and storage of fireworks. The proposed ordinance is consistent with accepted national standards. Background Prior to 2002 fireworks of any kind had not been legal in Minnesota. Last year the State of Minnesota legalized certain fireworks products. The proposed ordinance will facilitate the ability to control the display, sale and storage of these potentially dangerous fire and explosion producing products. In conjunction with the permit a complete fire inspection of the requesting site will be performed to insure the proper level of fire protection and suppression systems are in place. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.05 RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 9.05, subd. 6, is amended to add a new subpart (B) and renumber existing subparts(B)through(I) as(C)through(J) as follows: B. Amendment to Section 105.8.f.2 -FIREWORKS 1. Section 105.8.f.2 Fireworks shall read as follows: To store for sale or sell illegal fireworks Section 2. City Code Section 9.05, subd. 6, is amended to add subpart(K) as follows: K. Amendments to Article 78 - FIREWORKS AND PYROTECHNIC EFFECTS MATERIAL 1. Section 7801.3.1.1 Manufacturing shall read as follows: The manufacturing of fireworks is prohibited within the boundaries of the City. 2. Section 7801.3.1.3 Storage for Sale and Sale of Legal Consumer Fireworks shall be added and read as follows: A permit is required to store for sale or sell fireworks. See Section 105.8.f.2. 3. Section 7802.3 Prohibition shall read as follows: The storage,use and handling of fireworks are prohibited except in the following situations: (1) The storage and handling of fireworks is allowed in accordance with Article 77, State law, and Section 7802.5; and /03 (2)The use of fireworks for display is allowed as set forth in Section 7802.4. 4. Section 7802.5 Storage for Sale and Sales of Legal Consumer Fireworks shall be added and read as follows: All buildings used for the storage for sale or sale of fireworks shall comply with the applicable requirements of the Minnesota Uniform Building Code for means of egress and the following: 1. Buildings used for the storage and sale of fireworks shall be permanent,non-residential, one story,with no basement, and equipped with a fire sprinkler system. 2. All exit doors shall open outward and be clearly marked with internally illuminated exit signs.Doors shall be equipped with panic hardware or unlocked during operations. 3. Any storage of fireworks in a multi-tenant building shall be stored in a room or area used exclusively for the storage of fireworks. The interior walls of such room shall have a minimum fire resistance rating of 1 hour with doors having a minimum fire resistance rating of 45 minutes. 4. The maximum quantity of fireworks in storage shall not exceed 500 pounds gross weight. The maximum quantity on display shall not exceed 100 pounds gross weight. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor • PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. /c/_I CITY COUNCIL AGENDA DATE: March 4,2003 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Resolution Requesting Funding for Eugene A. Dietz Construction of New Trunk Highway 212 Requested Action Move to: Adopt a resolution requesting State Legislative action in 2003 to approve funding for construction of new Trunk Highway 212 in the Southwest Metro area. Synopsis The Southwest Corridor Transportation Coalition, of which we are a member, is requesting all of its membership to adopt a resolution similar to the one attached. The goal is to encourage the Legislature and Governor to proceed with the funding mechanism to accelerate the construction of new TH 212 from 2013 to 2004-2005. As Council knows from previous briefings by MnDOT staff, new TH 212, TH 169 interchanges and the third lane project on I-494 from TH 212 to I- 394 are three of the four top projects that are likely to be funded if the anticipated bonding bill is enacted. Staff supports the adoption of the resolution. 105 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- Resolution of Legislative Priority: State Legislative Action in 2003 To Approve Funding for Construction of New Trunk Highway 212 in the Southwest Metro area WHEREAS, state Trunk Highway 212 is a critical transportation corridor serving the economic interests of Southwest Minnesota from the Twin Cities to the South Dakota border; and WHEREAS, the United States Congress has designated TH 212 as part of the National Highway System and the Minnesota Department of Transportation has officially identified TH 212 as a critical "inter-regional corridor"in the state; and WHEREAS, reconstruction of TH 212 to a four-lane state highway from the Twin Cities to the South Dakota border has long been recognized as one of the top transportation and economic priorities for Southwest Minnesota;and WHEREAS,construction of New Highway 212 in the counties of Hennepin and Carver(CR 147 to CSAH 4) represents a critical component in improving transportation service throughout Southwest Minnesota; and WHEREAS, the section of New Highway 212 from I-494 to Hennepin County Road 4 has been completed and opened to traffic; and WHEREAS, the remaining section of the New Highway 212 project is in the design/build process for construction; and WHEREAS,substantially all required right-of-way for the New Highway 212 project has been or is now being acquired;and WHEREAS, the remaining section of the New Highway 212 project is scheduled to be ready for construction in the 2004-05 time period; and WHEREAS, over$100 million has already been invested in New Highway 212 in acquiring right- of-way, design and construction ,but the full benefit of this investment will not be realized until the remaining section of the realignment project is constructed and operational; and WHEREAS, the Minnesota Department of Transportation has designated the New Highway 212 project as one of the state's top highway expansion projects and one of the first projects to receive necessary state funding when such funding is available; and WHEREAS, due to insufficient state highway funding, construction of New Highway 212 is currently scheduled to begin in 2013,which is a schedule considered unacceptable by this Council and the citizens it represents; and WHEREAS, construction of New Highway 212 could be advanced from 2013 to 2004-05 with approval of sufficient state funding by the 2003 Minnesota Legislature. NOW, THEREFORE, BE IT RESOLVED, the City of Eden Prairie recommends that the top legislative investment priority for 2003 be the approval by the Minnesota Legislature and Governor Tim Pawlenty of sufficient additional state transportation funding to advance construction of New Highway 212 from 2013 to 2004-05. ADOPTED by the Eden Prairie City Council on March 4,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk /06 CITY COUNCIL AGENDA DATE: SECTION: APPOINTMENTS March 4, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Resolution regarding appointment of the City's A Director of Emergency Management(DEM) Requested Action Move to: Adopt Resolution appointing George Esbensen Director of Emergency Management. Synopsis This resolution, if adopted by the City Council,will officially designate Fire Chief George Esbensen as the City's Director of Emergency Management (DEM). The Fire Chief is the customary designation for the DEM position. Chief Esbensen has received specialized training to assume the DEM position. State Statutes require the City Council to make the DEM appointment through a formal written designation. The Police Chief and I both recommend the City Council grant this designation to Chief Esbensen. The role of Director of Emergency Management is currently held by Ms. Molly Koivumaki. She has performed the DEM role admirably and deserves credit for preparing a solid foundation for Mr. Esbensen. Ms. Koivumaki's will remain with the City. She has recently assumed a new emphasis in her position on human services issues. Attachments Resolution Io1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPOINTING THE DIRECTOR OF EMERGENCY MANAGEMENT WHEREAS, Minnesota Statutes, Section 12.25 requires that the City of Eden Prairie appoint one person as the local director of Emergency Management responsible for the organization, administration, and operation of the local organization for Emergency Management, subject to the overall direction and control of the Council. BE IT RESOLVED by the City Council of the City of Eden Prairie to appoint Fire Chief George Esbensen as the Director of Emergency Management. ADOPTED by the City Council of the City of Eden Prairie on March 4, 2003. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta, City Clerk /0? CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council 2003 Board and Commission Appointments .- Requested Action Move to: Appoint to the Community Planning Board Kathy Nelson,Ray Stoelting, and William Sutherland—Terms to expire 3/31/2006 Move to: Appoint to the Heritage Preservation Commission Deborah Barkley,Molly Gilbertson, and Lori Peterson-Benike—Terms to expire 3/31/2006 Move to: Appoint to the Human Rights and Diversity Commission Geri Beckmann, Caroline Maguire and Larry Piumbroeck—Terms to expire 3/31/2006 Move to: Appoint to the Arts &Culture Commission Ann Birt and Lois Larson—Terms to expire 3/31/2006 Move to: Appoint to the Parks,Recreation and Natural Resources Commission Rob Barrett, John Brill, Tom Crain, Randy Jacobus, and Ian Mackay—Terms to expire 3/31/2006 Synopsis The City Council held Board and Commission interviews on Tuesday, February 26, 2002. Thirty-six candidates applied for consideration; nine of which are seeking reappointment. Sixteen candidates have been designated for appointment on March 4, 2003. CITY COUNCIL AGENDA DATE: SECTION: APPOINTMENTS March 4, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointments to 2002 Board of Appeal and c, Equalization 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 24, 2003 through May 13, 2003. Synopsis 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 2002 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 confirmation by the City Council. The City pays the members a per diem payment of$50 for each meeting attended. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2003 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: DIVISION: Appointments of Chairs and Vice Chairs to the City Council Boards and Commissions Requested Action Move to: Appoint Ray Stoelting- Chair and Kathy Nelson -Vice Chair of the Community Planning Board Move to: Appoint Lori Peterson-Benike- Chair and Betsy Adams -Vice Chair of the Heritage Preservation Commission Move to: Appoint Rob Barrett- Chair and Trisha Swanson -Vice Chair of the Parks,Recreation and Natural Resources Commission Move to: Appoint Harry Moran - Chair and Jeff Strate-Vice Chair of the Human Rights and Diversity Commission Move to: Appoint Susan Dickman - Chair and Ann Birt-Vice Chair of the Arts and Culture Commission Move to: 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. 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." 11l CITY COUNCIL AGENDA DATE: SECTION: Reports March 4,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Clean Air Taskforce Requested Action Move to: Approve the proposed model for a clean air task force. Synopsis The City Council has requested that an ad hoc citizen's task force be established to study recommendations to improve the quality of indoor air in Eden Prairie. The task force model proposed in City Manager Memorandum#2003-014 was previously reviewed with the City Council at the Council's February 18, 2003 Workshop. Suggestions and input from Councilmembers at the Workshop has been incorporated into the attached proposal. If the proposed task force model is approved by the City Council, I believe the task force could be appointed by the Council as early as April 15, 2003. Attachments Memorandum I ►2 0 c Eden Prairie ii 8080 Mitchell Road•Eden Prairie, MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 Office of the City Manager Memorandum #2003-014 DATE: February 25, 2003 TO: Mayor and City Council FROM: Scott H. Neal, City Manager • RE: Proposed Clean Indoor Air Task Force After the Council's February 18, 2003 Workshop discussion concerning the proposed Clean Indoor Air Task Force, I modified the task force model that was dated November 5, 2003 to reflect the Council's more recent directions. The following is a restatement of the task force model followed by the detailed description of the proposed Clean Indoor Air Task Force: 1. The Objective The objective of the task force is a statement that clearly states the fundamental purpose of the task force. 2. The Problem/Opportunity Statement The problem/opportunity statement provides greater context of the problem/opportunity that the task force has been empanelled to investigate or resolve. 3. The Givens The givens in this task force model are statements, facts, truths, or policies approved by the Council that must be used by the task force as assumptions during their deliberations. Task force deliberations, outcomes and recommendations may not be in conflict with the"given" statements from the Council. 4. The Expectations The expectations are statements from the Council to the task force of how it expects the task force to deliberate and what policy issues are to be addressed in the final deliverable produced by the task force. 13 5. Selection of Task Force Members The Council establishes a clear method for the selection of task force members. The Council also establishes how task force members are appointed, and possibly how they are removed and/or replaced. 6. Sequence of Decisions The Council establishes the sequence of decisions and events for the task force, including establishing task force deadlines. 7. Process Design The Council establishes the process it will use to consider the.final deliverable of the task force. The Council adopts the process in advance as a pledge to each other about what the Council will do with the final deliverable when it is delivered to them. This is especially important if the final deliverable is anticipated to be potentially controversial. 8. Communications Plan The Council establishes a communications plan for the task force in order for the Council and the public to be informed of the task force's activities. DRAFT Task Force Model: 2003 Clean Indoor Air Task Force 1. Objective—The objective of the task force is to prepare a list of recommendations for the City Council to consider adopting which will increase the quality of indoor air in buildings in Eden Prairie. 2. Problem/Opportunity Statement—The community has engaged in a broad community discussion of the merits of adopting local regulations that would restrict the ability to smoke indoors in buildings in Eden Prairie. The discussion, for a variety of reasons, did not culminate in a consensus on new regulations. The end result of the discussion was the Council's agreement to appoint a citizen task force to examine the issue from a variety of community perspectives. 3. The Givens—The Council establishes the following set of givens to guide the task force: a) The City Council will appoint the members of the task force. b) Smoking cigarettes has been proven to be unhealthy to the smoker and to the non-smokers who must inhale second-hand smoke. c) Increasing the quality of indoor air in,Eden Prairie buildings is a desirable outcome for the citizens of Eden Prairie. d) The task force will conduct its affairs as a public task force and comply with all State Statutes effecting public bodies. e) The task force will invite representatives from the Eden Prairie hospitality industry to attend and participate in the activities of the task force. 11-1I 4. The Expectations—The Council establishes the following set of expectations to guide the task force: a)•The meetings of the task force will be considered to be open,public meetings. b) The City Manager shall provide sufficient staff support for the proper functioning of the task force. c) Recommendations submitted to the Council as part of the final deliverable shall be no more restrictive than current State Statutes. d) New guidelines for building owners to improve the indoor air quality of their buildings included in the recommendations submitted to the Council as part of the final deliverable must be voluntary. e) The final deliverable shall recommend a system of recognition for building owners who comply with voluntary City guidelines to improve indoor air quality. f) The final deliverable shall recommend to the Council a system for measuring compliance with any new indoor air quality guidelines. g) The final deliverable must provide reasonable cost estimates of the cost of implementing new indoor air quality guidelines. 5. Selection of Task Force Members—The City will establish an open application process for members of the Eden Prairie public to express their interest in serving as a member of the task force. The task force will be limited to no more than fifteen members. Each member of the Council may appoint one member of the task force. The remaining ten members will be nominated by the Mayor and approved by the City Council. The Mayor's nominations will be approved by a majority vote of the Council. The City Council will appoint two of its members to serve as ex officio representatives to the task force. 6. Sequence of Decisions—The task force shall be formally appointed by the City Council on or before April 1,2003. The task force shall meet as necessary until its work is completed. The task force shall deliver its final deliverable to the Council on or before November 1, 2003. 7. Process Design—The Council will select a neutral third-party consultant to chair the meetings of the task force. The Council will allocate a budget of$3,500 to fund the operations of the task force, exclusive of consulting personnel costs. • 8. Communications Plan—The City's Public Relations Coordinator will serve as the task force's public information officer. The Chair of the task force will provide a verbal update on the task force's activities to the City Council at the first Council meeting of every month. -I CITY COUNCIL AGENDA DATE: March 4,2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Update on ARLE ITEM NO: Through: Robert A. Lambert, Cooperative Agreement Director Parks and Recreation C • • From: Carla Kress, Therapeutic Recreation Coordinator Synopsis The City of Eden Prairie, in cooperation with the cities of Edina, Bloomington, and Richfield, are in the process of revising their formal partnership to become independent, but retain an informal relationship. The Directors of the four cities will be meeting to discuss the cooperative and assist the Coordinators in developing an informal partnership agreement. Background The cooperative has 516 residents and 132 professionals in the database for a total of 648. These residents and professionals are currently receiving the quarterly brochure. Of the 648, 102 are from Eden Prairie, 183 are from Bloomington, 75 are from Edina, 120 are from Richfield and 168 are from outside the cooperative. There are 53 Eden Prairie residents participating in Bloomington, Edina and Richfield programs. Of those 53 registrations, 36 individuals have registered and participated in only one city, 13 individuals have registered and participated in 2 cities, and 4 individuals have registered and participated in all 3 cities. There are 27 residents from Bloomington, Edina and Richfield who participate in Eden Prairie adaptive recreation programs. Of the 27 residents, 15 have registered once, 7 have registered twice, 4 have registered three times and 1 has registered four times. The city of Eden Prairie has over 4,400 individuals identified with a disability. According to our files we are serving approximately 125 individuals in both inclusion and adaptive programs and services. Rationale Our intent for revising the partnership is to focus on the needs in Eden Prairie and to better serve the residents by: //6 City Council Agenda 3/4103 Update on ABLE Cooperative Agreement Page 2 1. Expanding therapeutic recreation services; 2. Expanding the TR scope of service to all residents of Eden Prairie through partnering with other agencies (hospitals, assisted living centers, group homes, residential facilities, etc) and developing programs and services to other populations (seniors, at-risk youth, rehab patients, etc.)within those settings. 3. Meeting the needs and demands of our diverse population; 4. Expanding the Leisure Education Program. 5. Offering new services: parent education workshops, ongoing inclusion training to all park and recreation employees(full-time and part-time), advocacy, and innovative leisure education programs. Closing Comments The revisions to the cooperative will allow each city to partner when needed, yet continue to meet the needs and provide opportunities for residents with disabilities. III CITY COUNCIL AGENDA DATE: March 4, 2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Update on Leisure ITEM NO: Through: Robert A. Lambert Education Program Director of Parks &Recreation )�., •�.. • From: Carla Kress, Therapeutic Recreation Coordinator Synopsis The attached document is the 2002 evaluation of the Leisure Education Program. The purpose of this program is to provide opportunities for individuals with disabilities to develop and/or improve cognitive, physical,behavioral, social and emotional skills through life-long recreation and leisure interests. Background On February 5, 2002 the City Council approved the one year pilot program for individuals with disabilities as outlined in the staff memorandum dated February 5, 2002. The goal of the program is to improve leisure services to people with disabilities, to identify recreation needs and interests of people with disabilities, and to build the recreation skills necessary for individuals to participate in inclusion and/or adaptive recreation programs in the community. In 2002,Nicole White, who coordinates the Leisure Education Program, generated$15,797. The Cost of the program for 2002 was $47,385.82. Based on these numbers, The program sustained a net loss of- $31,588.82. The City's total subsidy for this program in 2002 was 66%. The intent is for this program to cover 100% of its cost from user fees. For 2003, staff was successful in receiving a grant from LCTS/Familink in the amount of $25,000 to support the Leisure Education Program. We have developed a program budget of$48,632 for the Leisure Education Program. We anticipate generating $24,755.00 in program revenue, plus $25,000 from LCTS grant for a total of$49,755. Refer to attached 2003 Budget Plan for further details. Since January, 2003, we have met with lead teachers in the school and three groups of parents promoting the Leisure Education Program, as well as developing a variety of programs for 2003. Parents finally understand Leisure Education and the role it can play in their son/daughter's life. With each year we are making progress as new program ideas are being developed and parents are eager to get involved. Summary After one year of service it is apparent that it will take 2-3 years to build a clientele to sustain this type of program and service. In the meantime,we continue to seek funding and to cover program costs. Attachments: Leisure Education Program 2002 Year End Report Leisure Education Program 2003 Budget Plan Its LEISURE EDUCATION PROGRAM 2002 Program Ending Report Purpose: To provide opportunities for individuals with disabilities to develop and/or improve cognitive,physical,behavioral, social and emotional skills through life-long recreation and leisure interests. Background: On February 5th,2002 the City Council approved the one year pilot program for individuals with disabilities. The goal of the program is to improve leisure services to people with disabilities,to identify recreation needs and interests of people with disabilities,and to build the recreation skills necessary for individuals to participate in inclusion and/or adaptive recreation programs in the community. Participant Totals: 75 Revenue: 4440 • $15,797.00 Total Revenue $15,797.00 Expenditures: 4130 Wages No Benefits* $45,632.00 6203 Operating Supplies $ 802.82 6322 Mileage $ 876.00 6351 Contracted Services • $ 75.00 Total Expenditures $47,385.82 *Total wages includes benefits which were omitted from the original approved budget in Feb.2002. Balance: $15,797.00-$47,385.82 -$31,588.82 Maximum Subsidy: 0% Actual Subsidy: Balance divided by total expenses 66% Cost Per Participant: Balance divided by total participants $421 Program Recap: The Leisure Education Program had 75 individuals with disabilities participate. The intent is for this program to cover 100%of its cost from user fees. After one year of service it is apparent that it will take 2- 3 years to build a clientele to sustain this type of program and service. In the meantime,we continue to seek funding and to cover program costs. Suggestions for 2003: Increase program revenue by offering more group sessions. 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