HomeMy WebLinkAboutCity Council - 09/16/2003AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, SEPTEMBER 16,2003 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM 11
6:30 - 7:OO 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, City Attorney Ric Rosow,
and Recorder Lorene McWaters
Heritage Room N
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111.
IV. OTHER TOPICS
DRAFT LOCAL WATER MANAGEMENT PLAN
Council Chamber
VI. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.)
VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
VIII. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 16,2003 7:OO 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, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Theresa Brundage
I.
11.
111.
IV.
V.
VI.
ROLL CALL / CALL THE MEETING TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL FORUM INVITATION
t --
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MINUTES
A.
B.
CONSENT CALENDAR
COUNCIL FORUM HELD TUESDAY, SEPTEMBER 2,2003 (p. 1)
CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2,2003 (p. 3)
A.
B.
C.
D.
E.
CLERK’S LICENSE LIST (p. 9)
SOUTHWEST STATION SIGN by Southwest Metro. 2nd Reading Planned Unit
Development District Amendment with waivers on 21.84 acres, and Zoning District
Amendment in the Commercial Regional Service Zoning District on 12.95 acres.
Location: North of Technology Drive, south of T.H. 3 12 and west of Prairie Center
Drive. (Ordinance for PUD District Review, Zoning District Amendment) (p. 10)
I!
APPROVE 2ND READING OF AN ORDINANCE AMENDING THE CITY CODE
BY ADDING SECTION 4.23, MALT LIQUOR LICENSE REQUIRED (p. 19)
ADOPT RESOLUTION AMENDING FEE RESOLUTION 2002-190, BY ADDING
SECTION 1.5, INTOXICATING MALT LIQUORS (GROWLERS) (p. 21)
APPROVE SUPPLEMENTAL WORK REQUEST FROM SRF FOR
ADDITIONAL DESIGN AND CONSTRUCTION SERVICES FOR
SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS, I.C. 03-5590
t.
cp. 23)
i
CITY COuNclL AGENDA
September 16,2003
Page 2
F.
G.
H.
I.
J.
K.
L.
M.
ADOPT RESOLUTION SETTING PUBLIC HEARING FOR APPROVAL
OF THE 1-494 IMPROVEMENTS FROM TH5 TO 1-394 0. 26)
ADOPT RESOLUTION SUPPORTING EARLIER LETTING AND
SHORTENED CONSTRUCTION SCHEDULE FOR INTERCHANGE
IMPROVEMENTS AT TH169/ANDERSON LAKES PARKWAY AND TH
169mIONEER TRAIL (CSAH 1) (p. 28)
APPROVE PROF'ESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS FOR INSTALLATION OF ELECTRONIC
TRANSDUCERS IN 13 MUNICIPAL WELLS 0. 30)
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS TO PROVIDE TECHNICAL SUPPORT AND
MAINTENANCE FOR WELL FIELD MONITORING SYSTEM 0. 38)
AWARD CONTRACT FOR RILEYAJACQUES BARN REMODELING 0. 46)
AWARD CONTRACT FOR RE-ROOFING OF THE SENIOR CENTER TO
DALCO ROOFING INC. 0. - ~52) _, -
' .I
APPROVE LEASE AGREE-MENT FOR PRAIRIE VIEW LIOUOR STORE (p.
8. 53) -_
RESOLUTION AUTHORIZING THIRD AMENDMENT TO PROJECT
MANAGEMENT AGREEMENT, FIRST AMENDMENT TO REGULATORY
AGREEMENT AND AMENDED SUBORDINATION AGREEMENT 0.54)
VII. PUBLIC HEARINGS / MEETINGS
-.
A. HOST APPROVAL FOR ISSUANCE OF HEALTH CARE FACILITIES
REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT)
"8 (Resolution) (p. 57) II
I
B. CIMA LABS by CIMA Labs, hb. Request for Planned Unit Development Concept
Review on 9.47 acres, Planned Ukit Development District Review on 9.47 acres, and
Site Plan Review on 9.47 acres, Location: 10000 Valley View Road. (Resolution for
PUD Concept Review, Ordinance for PU'D District Review, Zoning District
Amendment) @. 59)
VIII. PAYMENT OF CLAIMS 0.67) '
E. ORDINANCES AND RESOLUTIONS
..
X. PETITIONS, REQUESTS AND COMMUNICATIONS
..
CITY COUNCIL AGENDA
September 16,2003
Page 3
XI.
XII. APPOINTMENTS
REPORTS OF ADVISORY BOARDS & COMMISSIONS ..
A. APPOINTMENT OF STUDENT REPRESENTATIVES TO BOARDS AND
COMMISSIONS @. 74)
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E.
F. REPORT OF POLICE CHIEF
REPORT OF PUBLIC WORKS DIRECTOR
G. REPORTOFFIRECHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
I.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL FORUM
TUESDAY, SEPTEMBER 2,2003 CITY CENTER
6:30 - 7:OO 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, City Attorney Ric Rosow,
and Recorder Theresa Brundage
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.)
A. LINCOLN PARC PROJECT REPRESENTATIVES TOM MILLER AND
MICHAEL GARVIN AND WEDUM FOUNDATION CHAIRMAN DALE
VESLEDAHL
Vesledahl gave background information on the Lincoln Parc Project. He said the
Wedum Foundation’s facilities include student housing and senior living and
housing. He said current occupancy of the Lincoln Parc facility is just over 80%
and the foundation has been funding a shortfall of about $70,000 to $85,000 per
month.
Vesledahl said the facility is not conducive to a non-profit complex and the
advantages of a for-profit organization make it much more conducive. He said the
loan on the property went into default two months ago and September 15,2003 is
the ‘drop dead’ date with HUD. Vesledahl said the Miller Group is willing to try
to make low income housing work at the facility and attempt to get occupancy
levels at 90%. Vesledahl said at this time, the Miller Group needs to know
whether the TIF agreement or the low income housing requirement can be
eliminated if needed.
Garvin said the majority of properties are senior housing with some market rate
housing and he would like to see it work with the low income component. Garvin
said his company is still very interested in assuming the project.
City Council Forum
September 2,2003
Page 2
David Lindahl stated the group is considering an amendment to the project
management agreement regarding the possibility of considering an option to
removing the low income housing. Rosow stated the parties are bound to the
regulatory agreement and the Council could entertain amending the agreement.
Rosow also said the project has been insured by HUD who would take over the
project should it go to foreclosure.
Lindahl said attorneys are working through the various agreements and may have
them ready within the next couple weeks.
IV. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
Tyra-Lukens invited everyone to the Watershed District tour to take place September22,
2003. She said the tour will involve Lake Susan, Purgatory Recreation Area, the
rainwater garden at Dunn Brothers Coffee, and Hennepin Village. She asked Lambert to
advise Parks and Recreation members.
Richard Ferrick of 13995 St. Andrew Drive said there are benefits to having a seven-
member Council. He said they include a chance to bring more people along in the process
to deal with issues such as human rights.
Grant Liabraaten of 6900 Raven Court said he is here on recommendation fkom
Councilmember Case. He said he recently received an invoice from the City for road
repairs for damage caused by heavy equipment operated by him. He said the amount of
the invoice is fair for the actual damage he caused. Dietz said the estimated cost of seal
coating the street is $2,500. Neal said he would look at the situation with Dietz and Mi-.
Liabraaten and report back to the Council.
V. ADJOURNMENT
a
UNAPPROVED IW"IXS
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 2,2003 7:OO 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, City Planner Michael Franzen, City Attorney Ric Rosow and Council
Recorder Theresa Brundage
I. ROLL CALL I CALL THE MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
Tyra-Lukens said the City Council provides an Open Forum opportunity for Eden Prairie
citizens to address the Council on issues related to Eden Prairie city government on the first
and third Tuesday of each month fiom 6:30-6:50 p.m. in the Council Chambers immediately
prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved
for scheduled participants. She said if you wish to speak to the Council during Open Forum,
please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412
by noon of the meeting date with your name and the subject matter you wish to address.
Tyra-Lukens said the Council also provides an impromptu, unscheduled Open Podium
opportunity for citizens to address the Council concerning issues related to Eden Prairie city
government fiom 650 to 7:OO p.m. immediately following Open Forum. She said Open
Forum and Open Podium are not recorded or televised. The City Council reserves the right
to adjust the time allocations for Open Forum and Open Podium. If you have questions
about the process or procedures of Open Forum or Open Podium, please contact the City
Manager's office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added Item E.A. First Reading of an Ordinance Amending City Code by Adding
Section 4.23, Malt Liquor License Required.
Tyra-Lulcens asked that Dietz give a follow-up report on power outages in the City as
requested at the last Council meeting. This item would be under Report of Public Works
Director.
MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and
amended. Motion carried 5-0.
3
CITYCOUNCILMEETING
September 2,2003
Page 2
V.
VI.
VII.
MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 19,2003
MOTION: Mosman moved, seconded by Young, to approve as published the
Minutes of the City Council Workshop held August 19,2003. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 19,2003
MOTION: Young moved, seconded by Case, to approve as published the Minutes of
the City Council Meeting held August 19,2003. Motion carried 5-0.
CONSENT CALENDAR
A. ADOPT RESOLUTION NO. 2003-130 CERTIFYING PROPOSED 2004
PROPERTY TAX LEVY, ACCEPTING THE PROPOSED 2004 BUDGET,
AND SETTING DATE@) FOR TRUTH-IN-TAXATION HEARING@)
B. ADOPT RESOLUTION NO. 2003-131 DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT
HEARING ROLLS AND SETTING HEARING DATE
C. ADOPT RESOLUTION NO. 2003-132 AGREEING TO PARTICIPATE IN
PRELIMINARY FEASIBILITY STUDY FOR THE CONSOLIDATION OF
PUBLIC SAFETY DISPATCHING SERVICES
D. ACCEPT PINNACLE DRIVE LAND DONATION
E. ADOPT RESOLUTION NO. 2003-133 AUTHORIZING EXECUTION OF A
LIMITED USE PERMIT OF MINNESOTA DEPARTMENT OF
TRANSPORTATION
F. APPROVE LEASE AGREEMENT TO COMMUNITY BANK MINNESOTA
VALLEY TO INSTALL AN AUTOMATED TELLER MACHINE (ATM) AT
CITY CENTER
MOTION: Case moved, seconded by Mosman, to approve Items A-F of the Consent
Calendar. Motion carried 5-0.
PUBLIC HEARINGS / MEETINGS
VIII. PAYMENT OF CLAIMS
MOTION: Mosman moved, seconded by Case, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and
Tyra-Lultens voting ccaye.yy
CITYCOUNCILMEETING
September 2,2003
Page 3
IX. ORDINANCES AM) RESOLUTIONS
A. First Reading of an Ordinance Amending City Code bv Adding Section 4.23,
Malt Liquor License Rewired
Neal stated if this item is adopted on first reading, it will be scheduled for second
reading at the September 16,2003 Council meeting. He noted that the ordinance was
prepared following consultation with counsel. Neal also said there is an additional
license issuance process at the state level that is necessary prior to the sale of off-sale
64-ounce containers of malt liquor (growlers) at the local level.
MOTION: Mosman moved, seconded by Butcher, to Adopt lSt reading of an
ordinance amending the City Code by adding Section 4.23, Malt Liquor License
Required. Motion carried 5-0.
X. PETITIONS, REOUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. First Council Meeting Date in November (Resolution No. 2003-1341
Neal said past practice has been to move the first Council meeting in
November from Election Day; however, this year the day that the meeting
would have been deferred to is the Veterans Day holiday. He asked if Council
would prefer to meet on Election Day after 8 p.m. or cancel the meeting. He
said it’s conceivable that canceling the meeting would not affect due process
of upcoming projects.
MOTION: Case moved, seconded by Mosman, to adopt Resolution No.
2003-134 designating the first Council meeting date in November to be
November 4, with Staff understanding that the meeting would be cancelled if
not needed. Motion carried 5-0.
2. Presentation on The Gathering
Neal said an event called The Gathering was held recently, coordinated by the
City and the school district, where a number of persons from the community
discussed what it is like to be an immigrant. He said Harry Moran, Chair of
the Human Rights and Diversity Commission, and Molly Koimaki, Staff
liaison for the City for the event, were organizers of the event.
5
CITY COUNCIL MEETING
September 2,2003
Page 4
Moran spoke about the event and the history of it. He said on August 12,
2003, the Commission and the school district held an immigrant gathering at
City Center where over 100 people attended. He said they included
immigrants from China, Vietnam, Sri Lanka, Tibet, Puerto Rico, Somalia,
Russia, Mexico and other countries. Moran said the concept of The Gathering
was an open forum for the community immigrant population to look at issues
of concern to them. He said the school district was also asked to embrace the
idea and did so in partnership with the City.
Moran said all issues were not addressed at the event, but the primary reason
for The Gathering was to collect the issues, clarifL them, and note them for
possible future steps. He said City and school district officials were also
present in the audience. He said immigrants spoke kindly of City services and
quality of education and were concerned with safety issues.
.
Moran said the City and school district officials met recently to decide how to
respond to the issues and ideas fi-om The Gathering. He said there will be
another immigrant Gathering this fall where an update will be given. He
thanked Koivumaki, Mary Bollinger and Nanette Missaghi for their efforts.
Tyra-Lukens thanked Moran for getting such a wide range of attendees at the
event. She asked for a written report on the results of the meeting. Moran said
there is a draft report that will be available at the end of the week.
Case noted the diversity of the attendees was remarkable. He said translators
fkom each group spoke to help the groups communicate at the meeting.
Mosman said she enjoyed that the groups talked with each other at the
meeting. She said it is wonderful that this is an action-oriented group rather
than just a meeting group.
Tyra-Lukens said the League of Minnesota Cities had a task force last year on
diversity. She said she is reading a Building Inclusive Communities booklet
that she will pass on to Councilmembers who may want to read it in
conjunction with helping to decide what action to take on the issues.
C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Shuldhiess Property
Lambert said earlier this year, the City received a letter fi-om Ernie Shuldheiss
who owns a lot on Riley Lake and surrounded by Riley Lake Park. He said the
letter included an appraisal of the property for $330,000 and Shuldheiss is
willing to sell the parcel for that price with a life estate. In addition, an
adjacent parcel, owned by the Shuldheiss estate, is being marketed by the
family. Lambert said appraisals requested by the City were for $295,000 or
6
CITY COUNCIL MEETING
September 2,2003
Page 5
$162,000 if sold as a life estate for the first parcel and $365,000 for the second
site that is currently on the market for $495,000.
Lambert said Shuldheiss is still willing to sell the first parcel with a life estate
to the City for $330,000, but the family is unwilling to sell the second parcel
to the City at the appraised value. Lambert said the park does work without
the land and spending $800,000 would be hard to justify. He said he has
notified the owners of variances that would be necessary to make any
improvements on the properties.
Case asked what the current owners are allowed to do now. Rosow said that
State Statute says nonconforming uses can be continued including through
repair and maintenance. He said City ordinance states that the purpose is to
limit the extent and number of nonconforming uses by prohibiting their
enlargement, re-establishment after abandonment and their alteration or
restoration after destruction, but allows routine maintenance and repairs. He
said the statute also says the nonconforming use applies in the case of
destruction where more than 50 percent of the structure is destroyed.
MOTION: Young moved, seconded by Butcher, to table discussion on
acquisition of properties located at 9281 and 9291 Riley Lake Road. Motion
carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
Dietz gave a follow-up report on power outages in the City as requested at the last
Council meeting. He said the City has a franchise with Excel Energy, but the energy
company is regulated by the Public Utilities Commission. He said the customer
service representative from Excel is willing to research topics and report back to the
City.
Dietz said the Fairfield neighborhood, on the west side of Eden Prairie Road, south of
the 3 12 corridor, has experienced more than average power outages during the past
four years. He said the cable was tested last year and determined to be in a good zone.
He said the cable is being tested again and expected to be done by September 5. Dietz
said communication to the neighborhood is important. He said loads will be tested if
the cable is again determined to be in a good zone. Tyra-Lukens asked Neal to
include results on the test information in his Friday manager’s letter.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIXE CHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
CITY COUNCILMEETING
September 2,2003
Page 6
XV. ADJOURNMENT
MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 7:32 p.m.
ITEM DESCRIPTION: I sERwCE AREA/DMS1oN: 1 Clerk’s License Application List Pohce / C.O.P. Unit I weige*
ITEM NO.:
=.Ax
These licenses have been approved by the department heads responsible for the licensed activity.
New Liquor License(s) -Wine w/ Strong
Beer & 3.2 Beer On-sale
The Noodle Shop Co., --Colorado, Inc.
DBA Noodles & Company
Oceanside Enterprises, LLC
DBA: Bear Rock Cafk
CITY COUNCIL AGENDA
SECTION Consent Agenda
DATE: 09/16/03
DEPARTMENTDIMSION: ITEM DESCRIPTION: Management and Budget/Planning
Scott H. Neal
Michael D. Franzen Southwest Station Sign
ITEM NO.: m-E.
Requested Action
Move to:
Approve 2"d R eading o f t he 0 rdinance for P UD D istrict R eview, Zoning District Amendment
within the Commercial Regional Service Zoning District on 12.95 acres .
Synopsis
This project is for review and approval of a comprehensive sign plan.
Attachments
1.
2. Development Agreement
Ordinance for PUD District Review and Zoning District Amendment
SOUTHWEST STATION SIGN PLAN
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 24-2003-PUD-14-2003
AN ORDINANCE OF THE CITY OF EDEN PRAJRTE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District 24-2003-PUD-14-2003 (hereinafter "PUD-14-
2003-Com-Reg-Ser).
Section3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of September 16,2003, entered into between Southwest Metro
Transit and the City of Eden Prairie, (hereinafter "Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-14-2003-Com-Reg-Ser, and
are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-14-2003-Corn-Reg-Ser is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B.
unified environment within its own boundaries.
PUD-14-2003-Com-Reg-Ser is designed in such a manner to form a desirable and
C. The following exceptions to the standard requirements of Chapters 11 and 12 of
the City Code that are contained in PUD-14-2003-Com-Reg-Ser are justified by the
design of the developnient described in "Banner Signage Application" dated June 3,
2003, by LSA Design.
0
0
Waiver fiom 2 fiee standing signs to 80 fiee standing signs.
Waiver fiom 116 square feet of sign area to 1,000 square feet.
D. PUD-14-2003-Com-Reg-Ser is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a complete unit without
dependence upon any subsequent unit.
Section5 The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Service Zoning District and shall be included
hereafter in the Planned Unit Development 14-2O03-Com-Reg-Sery and the legal descriptions of
land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph By shall
be and are amended accordingly.
Section6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective fiom and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
3rd day of June, 2003, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 16th day of
September, 2003.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
PUD Legal Description - Southwest Station Sign Plan
Lots 1-6, Block 1, Southwest Station 2nd Addition
SOUTHWEST STATION SIGN PLAN
CITY OF EDEN PRAIRTE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 24-2003-PUD-14-2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,
AND ADOPTING BY REF'ERENCE CITY CODE CHAPTER 1 AND SECTION
11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located
north of Technology Drive, south of T.H. 3 12 and west of Prairie Center Drive within the
Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on the
(A full copy of the text of this Ordinance is available fiom City Clerk.)
DEVELOPER'S AGREEMENT
SW STATION - SIGN PLAN 2003
THIS AGREEMENT is entered into as of August 19,2003, by Southwest Metro Transit
Commission, a joint powers entity formed by the cities of Chaska, Chanhassen and Eden Prairie,
hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for a Planned Unit Development Concept Amendment
on 21.84 acres of the Southwest Metro PUD, and Planned Unit Development District Review with
waivers and Zoning District Amendment within the C-Reg-Ser Zoning District on 12.95 acres,
legally described on Exhibit A (the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Planned Unit Development Concept Amendment, Ordinance No.
Planned Unit Development District Review and Zoning District amendment within the C-Reg-
Ser zoning district, Developer shall to construct, develop and maintain the Property as follows:
for
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and dated July 1,2003, reviewed and approved by the City Council on July 1, 2003, and
attached hereto as Exhibit By subject to such changes and modifications as provided herein.
8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD
A.
B.
Waiver from 2 free standing signs to 80 free standing signs.
Waiver from 116 square feet of sign area to 1,000 square feet.
Developer agrees that no banner may be used for advertising of any commercial use.
IN WITNESS -REOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRTE
BY BY
Its General Partner Nancy Tyra-Lukens
Its Mayor
BY
Its
BY
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)ss.
The foregoing instrument was acknowledged before me this day of
2003, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Y
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)ss.
The foregoing instrument was acknowledged before me this day of
2003, by , the , a Minnesota Y
on behalf of the corporation.
Notary Public
EXHIBrr A
LEGAL DESCRIPTION - SOUTHWEST STATION
Lots 1-6, Block 1, Southwest Station 2nd Addition
EXEUBIT B - PLANS
DEVELOPMENT AGREEMENT - SOUTHVS7EST STATION
LIST OF MATERIALS
1. Banner Sign Application, by LSA Design, dated May 8,2003
IS
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 16,2003
DEPARTMENT:
Office of City Manager
Scott H. Neal
I 1 I ITEM DESCRIPTION: ITEM NO.:
Second Reading of An Ordinance Amending City
By Adding Section 4.23, Malt Liquor License
Reauired
.a,C
Requested Action
Motion: Approve 2nd reading of an ordinance amending the City Code by adding Section 4.23,
Malt Liquor License Required.
Synopsis
The Council approved the lSt reading of the ordinance at the September 2nd meeting.
Background Information
New legislation allows brewpubs to sell 64-ounce containers of malt liquor (beer). These units
are called “growlers.” Cities will need to issue an off-sale license to the brewpub; the off-sale
license must be approved by the commissioner of public safety. Off-sale at the brewpubs is
limited to the legal hours for off-sale at the exclusive liquor stores in that jurisdiction in which
the brewer is located. The malt liquor sold off-sale must be removed from the premises before
the applicable off-sale closing time at exclusive liquor stores. At the time of sale, the growler
must remain sealed with an adhesive band, strip, or sleeve bearing the name and address of the
brewer. The brewer’s total retail sales at on- or off-sale may not exceed 3,500 barrels per year,
provided that the off-sales may not total more than 50 percent of the brewer’s production or 500
barrels, whichever is less.
Attachments
Ordinance
CITY OF EDEN PRAIRlE
EIENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2003
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE BY ADDING A NEW SECTION 4.23, AND ADOPTING BY REFERENCE,
CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PFUIRIE, MINNESOTA, ORDAINS:
Section 1. The City Code is amended by adding a new Section 4.23:
SECTION 4.23 MALT LIQUOR LICENSE REQUIRED
Subdivision 1. It is unlawful for any person to sell, keep, or offer
for sale any malt liquor without a license therefor ii-om the City.
This Section shall not apply to sales by manufacturers to
wholesalers or to wholesalers to persons licensed by the City to
sell on-sale or off-sale beer or intoxicating liquors.
Subdivision 2. Malt liquor licenses shall be granted only to
brewers who hold an on-sale license issued pursuant to Minnesota
Statutes 0 340A.301, subdivision 7(b) (2003) as the same may be
amended, and shall be subject to all other requirements and
limitations contained in that paragraph.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation” and Section 4.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective ii-om and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
2nd day of September, 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 News on the day of ,2003.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Police Department
Licensing Division
ITEM DESCRIPTION:
Resolution amending the Fee Resolution
2002-190 by adding Section 1.5.
Intoxicating Malt Liquor
Requested Action
Move to: Adopt Resolution amending Resolution 2002-190, by adding Section 1.5, Intoxicating
Malt Liquors (growlers).
DATE:
September 16,2003
ITEM NO.:
n*D,
Synopsis
The proposed revision to the fee resolution will establish a fee for off-sale intoxicating malt liquor
(growlers) licenses. The annual license fee for an off-sale intoxicating malt liquor license will be
$250.
Background Information
Legislation was adopted this year to allow the off sale of intoxicating malt liquor (growlers) brewed
on the premises of a licensed brewpub. Eden Prairie City Council approved the first reading of an
ordinance amending the City Code by adding Section 4.23, Malt Liquor License Required at the
September 2,2003 meeting.
Attachments
Resolution
ai
CITY OF EDEN PRAIRIE
EIENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
A RESOLUTION AMENDING RESOLUTION NO. 2002-190,
REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,
PERMITS AMD MUNICIPAL SERVICES
BE IT RESOLVED, that the Business License - Liquor Section is amended to include the
following:
1.5 Liquor - Iittoxicatiitg malt liquors (growlers)
Off-sale $250.00 Annual
ADOPTED by the City Council of the City of Eden Prairie on this 16th day of September, 2003.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
Engineering Services Approve supplemental work request fiom SRF
Requested Action
Move to: Approve supplemental work request fiom SRF Consulting Group, Inc. for
additional design and construction services for the Southwest Station Traffic
Signal Improvements.
Synopsis
The supplemental work request is a result of additional work items that SRF Consulting Group
was requested to complete and extra coordination that was required during construction of the
traffic signal. SRF Consulting Group completed this work during design and construction in
order to avoid any unnecessary project delays.
Background Information
The Developer’s Agreement for the Southwest Station development project required the
installation of a new traffic signal on Technology Drive at the Main Southwest Station Entrance.
After receiving and approving a petition from North American Properties the City preceded
forward with the design and installation of the traffic signal. The traffic signal installation was
completed in late August and is now operational.
Financial Implications
The total project costs, including this additional work request, are being fully assessed to the
Southwest Station development project in accordance with the approved Developer’s
Agreement.
Attachments
Supplemental work request.
a3
mil CONSULTING GROUP, INC.
Transportation. Civil Structural = Environmental Planning . Traffic Landscape Architecture. Parking
SRF No. 0024670
August 26,2003
Mi. Randy Newton, P.E.
Traffic Engineer
8080 Mitchell Road
Eden Prairie, MN 55344
CITY OF EDEN PRAIRIE
SUBJECT: SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS
CITY PROJECT NUMBER 03-5590
Dear Mr. Newton:
As we have discussed previously over the course of design and construction of this project, SRF
has performed a variety of services that we believe to be outside the contract scope of services.
The purposed of this letter is to document those out-of-scope services, and request a supplement
to our contract to cover those additional costs. Following is a list of out-o€-scope work items:
1) SRF was directed to prepare an intersection layout and field wiring diagram for traffic
signal revisions associated with the future addition of a fourth leg to the intersection.
2) SRF was directed to prepare legal descriptions and drawings for easements in the
northwest and northeast quadrants of the intersection.
3) During design, SRF had to coordinate with Mn/DOT, acquire and analyze as-built
roadway construction plans, and establish whether specific design considerations would
be necessary pertaining to poor soil conditions at the intersection.
4) The fact that the developers of Southwest Station were planning a roadway construction
project on the north leg of the intersection at the same time as the signal construction
necessitated additional unanticipated coordination on the part of SRF, including design
coordination, one additional meeting at the City, and meetings in the field during
construction.
5) SRF had to spend additional time surveying and staking the pole in the southwest
quadrant and the controller cabinet, both of which were moved after the original staking
of signal equipment.
6) SRF had to spend additional, unanticipated time addressing problems the Contractor
encountered while pouring concrete signal pole foundations.
7) SRF was directed to prepare initial signal timing settings.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 Fax (763) 475-2429 1 http:/ /www.srfconsulting.com
aL-l An Equal Opporfunify Employer
Mr. Randy Newton, PX. -2- August 26,2003
The estimated cost of the above out-of-scope work is $6,500.00. Therefore, we are requesting a
supplement of $6,500.00 to our work order, which would change the total contract amount fiom
$28,500.00 to $35,000.00.
Please contact us if you need any more information pertaining to this request.
Sincerely,
SRF CONSULTING GROUP, INC.
4-vc.M
%/&
George M. Stuempfig, P.E., P.T.O.E.
Senior Associate
Brian L. Scott, P.E.
Principal
GMSBLS
CITYCOUNCILAGENDA
SECTION: Consent Calendar
DEPARTMENT:
Engineering
Rodney W. Rue
DATE:
September 16,2003
ITEM DESCRIPTION I.C. 01-5553
Set Public Hearing Date for 1-494
Improvements from TH 5 to 1-394
ITEM NO.:
yi-5
Requested Action
Move to: Adopt resolution setting the public hearing for the approval of the 1-494
improvements fiom TH 5 to 1-394.
Synopsis
This public hearing to consider layout approval/municipal consent for the 1-494 improvements is
required as part of the municipal consent process. Part of the statutory requirements for
municipal consent requires a 30-day notice for the public hearing. Therefore, we sent the notice
to the official newspaper for publication on September 18, 2003 with the public hearing
scheduled for October 21,2003.
Background Information
The 1-494 improvements include reconstructing 1-494 and upgrading the interstate from a four-
lane to a six-lane fi-eeway as well as the reconstruction of the 1-494/TH62 interchange. In
addition, the project includes the construction of noise walls along the west side of the fi-eeway.
The locations of these noise walls are near Promontory Drive and Cardinal Creek Road and also
near Gordon Drive and Gerard Drive. The predominant issue at the open house/public meetings
has been noise mitigation. With the construction of the above-mentioned noise walls, most of
the noise mitigation issues have been resolved.
MnDOT has estimated our share of proposed improvements at $81,173.00. We propose to use
State Aid funds to finance our share of the improvements.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
SET THE PUBLIC HEARING DATE FOR
MUNICIPAL CONSENT OF 1-494 IMPROVEMENTS
FROM TH 5 TO 1-394
I.C. 01-5553
WHEREAS, MnDOT is proposing to make improvements on 1-494 from TH 5 to 1-394;
WHEREAS, MnDOT has prepared the layout and environmental documentation for this project;
WHEREAS, MnDOT has requested municipal consent for the improvements; and
WHEREAS, pursuant to State Statute 161,164, the City of Eden Prairie needs to hold a public
hearing to consider municipal consent of the said improvements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the required
Public Hearing is hereby scheduled for October 21, 2003 at the Eden Prairie Council Chambers,
8080 Mitchell Road at 7:OO p.m.
ADOPTED by the Eden Prairie City Council on September 16,2003.
ATTEST
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
I CITYCOUNCILAGENDA
SECTION: Consent Calendar
DEPARTMENT:
Engineering
Rodney W. Rue
DATE:
September 16,2003
ITEM DESCRIPTION: I.C. 01-5548
Provide Support for Earlier Letting and
Shortened Construction Schedule for
Interchange Improvements at TH169/Anderson
Lakes Parkway and at TH 169Rioneer Trail
(CSAH 1)
ITEM NO.:
P\l.G*
Requested Action
Move to: Adopt resolution providing support for earlier letting and shortened
construction schedule for the interchange improvements at TH 169/Anderson
Lakes Parkway and TH 169Bioneer Trail (CSAH 1).
Synopsis
This resolution provides City support for advancing the letting of the referenced interchange
improvements as well as reducing the construction schedule fi-om 2-1/2 years to 1-1/2 years. The
advanced letting is proposed for May, 2004 rather than December 2005. The advancement of
these interchange improvements will allow for these interchanges to be substantially complete
prior to the reconstruction of the TH 169A-494 interchange improvements (scheduled for a
December 2005 letting).
Background Information
One of the concerns we had regarding the construction of these interchanges was the
construction sequencinglstaging. As you may recall, we indicated to MnDOT that we would
agree to a closure of the TH 169Pioneer Trail (CSAH 1) intersection and complete construction
of the new interchange improvements prior to any traffic impacts to the TH 169/Anderson Lakes
Parkway intersection. Mer completion of the TH 169Pioneer Trail (CSAH 1) interchange, the
TH 169/Anderson Lakes Parkway intersection will be closed and the interchange improvements
will be constructed. MnDOT has indicated to us that our construction sequencinghtaging
concerns can be accommodated with this advanced schedule.
aa
CITYOFEDENPRAIRlE
HEN" COUNTY, MINNESOTA
RESOLUTIONNO.
PROVIDE SUPPORT FOR EARLIER LETTING
AND SHORTENED CONSTRUCTION SCEEDULE FOR
I"GE IMPROVEMENTS AT TH 169/ANDEXSON
LAKES PARKWAY AND AT TH 169PIONEER TRAIL (CSAH 1)
I.C. 01-5548
WHEREAS, MnDOT is proposing interchange improvements at TH169/Anderson Lakes
Parkway and at TH 169Pioneer Trail (CSAH 1);
WHEREAS, the City of Eden Prairie has given municipal consent for the improvements on
March 4,2003;
WHEREAS, MnDOT has requested municipal support for advancing the letting and shortening
the construction schedule for said improvements.
NOW, THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council that the City of
Eden Prairie supports advancing the project letting from December, 2005 to May, 2004 and
shortening the construction schedule from 2-1/2 years to 1-1/2 years for said improvements.
BE IT FURTHER RESOLVED that municipal support is contingent upon construction
sequencing/staging as outlined in previous written communication to MnDOT that has a basic
premise then only one of the two interchanges will be closed at one time.
ADOPTED by the Eden Prairie City Council on September 16,2003.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
as
CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM DESCRIPTION:
Approve Professional Services Agreement for
Installation of Electronic Transducers
DATE:
September 16,2003
ITEM NO.:
pZ* ‘rt,
DEPARTMENT:
Public Works
Eugene A. Dietz
Requested Action
Move to: Approve a Profession Services Agreement with Summit Envirosolutions for
installation of Electronic Transducers in thirteen municipal wells at an
estimated cost of $30,250.00.
Synopsis
Plant staff remotely monitors a variety of operating parameters of each of our thirteen municipal
wells from the Water Plant. An important parameter is water level in each of the wells. This
agreement with Summit Envirosolutions will replace the existing “mechanical” water level
measuring device with a much more reliable Electronic Transducers.
Background Information
Summit Envirosolutions has been a consultant for the City since 1999 when they installed a
proprietary system to monitor performance of individual wells in our well field. The goal of the
system is to provide Plant staff with real time information to make decisions that optimize the
delivery of water from each of our wells at the least cost. It is critical to the process that data
collected from the wells be reliable and consistent. The current devices used to monitor water
level have been subject to failure. Replacing the existing technology with Electronic
Transducers will provide more reliable, accurate and maintenance fiee water level data input for
the system. .
Staff recommends approval of the Professional Services Agreement.
Attachments
Proposal for Installation of Electronic Transducers
/& 4 Summit A&. Envirosolutions
August 21,2003
Mr. Ed Sorensen
Manager of Utility Operations
City of Eden Prairie
Utilities Division
8080 Mitchell Road
Eden Prairie, MN 553444485
Subject: Proposal for Installation of Electronic Transducers
City of Eden Prairie Well Field
Dear Mr. Sorensen:
,Summit Envirosolutions, Inc (Summit) is pleased to submit this proposal for Installation of Electronic
Transducers for the City of Eden Prairie well field, The proposed scope of work includes obtaining bids
for system hardware, including electronic transducers and cable; installation and calibration of the
transducers to reflect accurate water level measurements; and interfacing of the transducer data with the
Realflow and GEMS data management systems. The scope of work does not include programming of the
SCADA system that may be required to process the data hm the wellhead to the Realflow computers.
The estimated cost for the proposed scope of work is $30,250.
This proposal contains background information, a proposed work scope, and estimated costs.
BACKGROUND INFORMATION
Since 1999, the city has been using Summit’s Realflow system to monitor performance of individual
wells within the City’s well field. The system has been modified since the initial installation, including
the addition by the City of variable frequency drives (VFDs) to control individual well power
consumption. A continuing source of equipment failure, however, is related to the continuing use of older
technology for the acquisition of water levels (i.e. bubblers). This proposal relates to upgrading the water
level sensors from the existing bubbler technology to electronic transducers capable of providing more
reliable, accurate and maintenance-free water level data.
The proposed scope of work consists of three general tasks:
1. Designing and obtaining bids for system hardware, including electronic transducers and cable;
2. Installation and calibration of the transducers to reflect accurate water level measurements; and,
3. Interfacing of the transducer data with the Realflow and GEMS data management systems.
These three tasks are described in the following scope of services.
1217 Bandana Boulevard North St. Paul, MN 55108 Phone (651) 644-8080 Fax (651) 647-0888
www.sumrnite.com 31
SCOPE OF SERVICES
TeamMember .
Kevin Miller
Bob Dryden
Mark PacW
I.
Title
Senior Project Manager/ Principal Hydrogeolopjst
Systems Analyst
GIs Coordinator/ Hvdrorreologist
The goal of this scope of work is to upgrade the water-level acquisition technology to significantly
enhance the ability of City staff to make use of Realflow system for operational, financial and educational
purposes. The scope of work, when implemented, will allow the City to more accurately and reliably
monitor the energy costs associated with differing pumping scenarios, and will provide real-time feedback
to facilitate decisions regarding well field operation. The proposed scope of work is detailed below.
Task 1:System Design and Bidding on Transducers
’ Summit will review and evaluate the existing water level transducers available on the market, and will
determine which adequately meet the needs of the system. Based upon ‘the results of the evaluation,
Summit will obtain costs from at least two vendodsuppliers for comparative transducers, and will
assemble those costs into a memo for your review and approval. ,
Task 2:Installation and Calibration of the Transducers
Summit will install and calibrate the transducers in each of thirteen wells. It is assumed for estimating
purposes that the existing 4-20 milliamp signal feeds provided in the well houses will be adequate to meet
the needs for the selected transducers. Each individual well will need to be turned off during the
installation. Summit will coordinate this activity with the City such that there is minimal disruption to the
City’s water production ability. Onee installed, Summit will calibrate each of the transducers to read
water level (in feet) in accordance with the transducer specifications.
Task 3:Interfacing of the Transducer Data
Summit will coordinate and work with Dave Tilges of Honeywell, and the City’s data/signal processing
contractor, to assure that the new data firom the transducers are properly tied into the existing system,
,including both the GEMS and Realflow databases. Costs for Honeywell and he dawsignal processor are
not ,included i9n this proposal, as those individuals are already working for the City under another
contract. The time required by these individuals is estimated at 1-2 days.
COST ESTIMATE/ TEAM MEMBER IDENTIFICATION
32
Mr. Ed SO- - 8/2112003
Propod fw Installation of Electronic Transducers
page 3
1 - System Design
2 - Installation and Calibration
I 20 hours @, $100 per hour 1 80 hours @ $100 per hour
A breakdown of the costs is presented in the table below.
Task 1 Costaasis I Cost Estimate
1 I
$2,000
$8,000
3 -Interfacing of the Transducer Data 0
13 Transd-wrs @ $1,250 per .I $16,250
40 Hours @ $100 per hour $4,000
I’ I I TaskTbMs $30,250
Summit proposes to perform these tasks on a time and materials, not-to-exceed basis in accordance with
our fee schedule and the City of Eden Prairie General Conditions, both of which are attached and
considered to be part of this proposal. Once written authorization to proceed has been received, the tasks
presented in this proposal can be attended to immediately. We will not exceed the authorized amount
without prior approval, received in writing, tiom the City.
We look forward to working with you. If you have questions regarding the contents of this proposal or
the project in general, please contact our office.
Sincerely,
Summit Envirosolutions, Inc.
Sdor Project Manager
ACCEPTANCE:
City Manag’er: Mayor: .
Signature: Signature:
Date: Date:
CITY OF EDEN PlUIRE
Consultant Agreement
GENERAL CONDITIONS
SECTION 1: PROJECT INFORMATION
1.1 City will provide to Consultant all horn information
regarding existing and proposed conditions of the site or which
affects the work to be performed by consultant. Such
information shall include, but not be limited to site plans,
surreys, horn hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Monnation as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Information as requested by
Consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information furnished by City, or other
subcontractors or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERMITS,
APPROVALS AND UTILITIES
2.1 City will indicate to Consultant the property lines ofthe site
and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for Consultant to
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City’s responsibilities under this section including
signing certain forms on City‘s behalf such as Right-of-way
forms.
2.4 While Consultant will take reasonable precautions to
minimiae any damage to property, it is understood by City that
in the normal course of the work some damage may occur. The
correction of any damage is the responsibility of City or, at
City‘s direction, the damage may be corrected by Consultant
and billed to City at cost PIUS 15%. Notwithstanding the
above, Consultant agrees to be responsible for damage caused
by Consultant’s negligence.
2.5 City agrees to renLwr reasonable assistance requestel by
Consultant-to enable performance of work without delay or
interference, and upon request of Consultant, to provide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City andor
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum of 30 days after completion of
the work and submission of Consultant‘s report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
to select and arrange for lawfid disposal procedures that include
removal of samples from Consultant’s custody and transporting
them to a disposal site. City may re‘quest, or if City does not
arrange for disposal, Consultant may deliver samples to City,
freight collect, or arrange for lawfid disposal and bill City at cost
plus 15%.
SECTION 4: F’EE PAYMENT / CLAIMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include the following signed and dated statement: “I declare
under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (1 0) days fromthe invoice
date. Consultant will review the alleged incorrect item within ten
(10) days and either submits a corrected invoice or a statement
indicating the original amount is correct.
4.4 Payment is due upon receipt of invoice (or corrected invoice)
and is past due sixty (60) days from invoice date. On past due
City ofEden Prairie General Conditions
Consukant Agrement
December ZOO0
Page I of 4 34
accounts, City Win pay a hce charge of 1.5% per month on
the unpaid balance, or the maximum allowed by law, whichever
is less, until invoice is fully paid.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreeme& and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
fiomvarious state and federal programs. Consultant may assist
City in applying for or meeting notification requirements,
however. Consultant makes no representations or guarantees as
to what fund reimbursement City may receive. Consultant shall
not be liable for any reductions from reimbursement programs
made for any reason by state or federal agencies, except as may
be caused by Consultant's negligence. '
4.7 City may withhold from any final payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
acguires, uncovers, or generates in the course ofpedoming the
work, except as and to the extent Consultant may, in its sole
discretion, deem itselfrequired by law to disclose.
SECTION 6: DISPUTES /LIMITATIONS OFREMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages 01: damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement.
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultanc City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
6.4 If Consultant institutes a suit against City, whichis dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
6.5 Dispute Resolution
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5.1 Mediation
5.1 Consultant will deliver to City certain reports as
instnunents of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consultant upon demand and will not be
used by City for any purpose.
5.3 Unless otherwise agreed, Consultantwillretainallpertinent
records or reports concerning work and services performed for
a period of at least two (2) years after report is submitted.
During that time the records will be made available to City
during Consultant's normal business hours. City may obtain
reproducible copies of all software, manuals, maps, drawings,
logs and reports at cost, plus 15%, for data and materials not
being provided as part of the scope of work for the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or to
mislead others by omitting certain aspects contained in the
report.
5.5 Consultant will consider Project Information as confidential
and will not disclose to third parties information that it
All claims, disputes and other matters in question (hereinafter
"claim") between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject to
mediation. If the parties have not resolved the dispute within
thirty (30) days of receipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in the mediation.
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of mediation,
the parties have not resolved the dispute, the parties may agree to
extend hours of mediation.
6.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
asserting the same claims entitlement to damages or payment of
less than $25,000.00 in aggregate may be decided by arbitrationin
accordance with the ConstructionIndustry ArbitrationRules of the
American Arbitration Association then existing unless the parties
mutually agree otherwise. In the event any person shall
commence an action in any court for any claim arising out of or
City of Eden Prairie General Condilions
Consul%mt Agreement
December 2000
Page 2 of 4
35
relating to this Agreement or the breach thereof or the Project
or coIlstruction thereof or any contract for such cons~ction,
the party making a claim in arbitration may dismiss such
proceedings (unless the hearing on the claim has commenced)
and elect to assert its claim in such action if such party could
have done so but for the provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, including the arbitrator(s). Judgement upon the award
rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
In the event that arbitration services are not available from
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Comliance
The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Agreement.' A
party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the procedure
in all respects, and, may as a condition precedent to arbitration,
require the parties to mediate in accordance with Section 6.5.1
hereof.
SECTION 7: STANDARD OF CARE
7.1 Because no sampling program can prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's
delivery of any warranties, representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and no
warranties, representations, guarantees, or certifications will be
made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
7.3 Although data obtained from discrete sample locations will
be used to infer conditions between sample locations no
guarantee may be given that the inferred conditions exist
because soil, surface and groundwater quality conditions
between sample locations may vary significantly, and because
conditions at the time of sample collection may also vary
signiscantly with respect to soil, surface water and
groundwater quality at any other given time and for other
reasons beyond Consultant's control
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNIFICATION
8.1 Consultant will indemnify and hold City harmless from and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
consultant is legally responsible. City will indemnif;l and hold
Consultant harmless from and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE /WORKER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required pursuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is current
and in force and effect.
9.2 Consultant shall procure and maintain professional liability
insurance for protection from claims arising out of professional
services caused by any negligent act, error or omission for which
Consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upon thirty- (30) days Written notice.
10.2 If the agreement is terminated prior to completion of the.
project, Consultant will receive an equitable adjustment of
compensation.
City of Eden Prain'e General Condilions
Consuliont Agreement
December 2000
Page 3 of 4
SECTION11: ASSIGNMENT
1 1.1 Neither party may assign duties, rights or interests in the
performance of the work without obtaining the prior written
consent of the other party, which consent will not be
unreasonably withheld.
SECTION 12: DELAYS
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, kes, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, additional compensation for same, and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITHaOLDING TDS
14.1 No final payment shall be made to the Consultant until the
Consultant has provided satisfactory evidence to the City that
the Consultant and each of its subcontracts has complied with
the provisions of Minn. Stat. 290.92 relating to withholding of
income taxes upon wages. A certificate by the Commissioner
of Revenue shall satisfy this requirement.
SECTION 15: AUDITS
15.1 The books, records, documents and accounting procedures
and practices of the Consultant or other parties relevant to this
Agreement are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six
(6) years after the effective date of this Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment fiom the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a halfpercent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
17.1 The Consultant shall at all times abide by Mirm. Stat 13.01
et seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultant.
SECTION 18: DISCRIMINATION
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race, color, creed,
religion, national origin, sex, &tal status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
of the Minnesota Human Rights,Act, Minn. Stat. 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
SECTION 19: CONFLICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state
statutes shall not be violated.
SECTION 20: ENTIRE AGIUEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not fully
expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
Consultant.
18.3 This agreement is governed by the laws of the State of
Minnesota.
SECTION 17: DATAPRACTICES ACT COMPLJANCE
City ofEden Prairie General Gmd2ions
Consultant Agreement
December 2000
Page 4 of4 37
CITY COUNCIL AGENDA
ITEM DESCRIPTION:
Approve Professional Services Agreement for
Well Field Monitoring
SECTION: Consent Calendar
ITEM NO.:
yI.1.
DEPARTMENT:
Public Works
Eugene A. Dietz
DATE:
September 16,2003
I
I
Requested Action
Move to: Approve a Professional Services Agreement with Summit Envirosolutions for
an annual contract to provide technical support and maintenance for our Well
Field Monitoring System (Realflow) in an amount of $42,000.00.
Synopsis
Summit Envirosolutions installed proprietary hardware and software into our Well Field
monitory system that is integrated into the control system at the Water Plant to monitor
individual and collective well performance of our Well Field. This proposal is for an extension
of the technical support necessary to maintain the system for a one-year period in the amount of
$42,000.00.
Staff recommends approval of the Professional Services Agreement.
Attachments
Proposal for Ongoing Realflow Support
38
,/. 4 Summit Ab Envirosolutions
August 21,2003
Mt. Ed Sorensen
Manager of Utility Operations
City of Eden Prairie
Utilities Division
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Subject: Proposal for Ongoing Realflow Support
City of Eden Prairie Well Field
Dear Mr. Sorensen:
Summit Envirosolutions, Inc (Summit) is pleased to submit this proposal for continuation of Realflow
support for the City of Eden Prairie well field. The proposed scope of work includes a monthly system
check, data download, and reporting task as well as a budget for annual calibration activities. As we
discussed, an additional level of data evaluation and file maintenance has also been added to fscilitate the
evaluation of data by Utility Operations st&. The estimated cost for the proposed scope of work,
covering a one-year period, is $42,000.
.
This proposal contains background Sonnation, a proposed work scope, and estimated costs.
BACKGROUND I"0RMATION
Since 1999, the city has been using Summit's Realflow system' to monitor performance of individual
wells within the City's well field. Based upon our discussions on June 25*, the City requests Summit to
bring ,continued value to the well field operations by assisting with the utilization of Realflow, including
data manipulation, data evaluation, reporting and calibration activities. We discussed that Summit would
provide assistance to the City in three main areas:
1. Performing monthly data downloads and system checks to verify that high quality data are being
recorded, and that all sensors are performing as designed;
2. Preparing monthly summary reports identifying key trends in the data, anomalies that may require
further evaluation, and recommendations for system modifications;
3. Preparing monthly data plots and transferring the resulting plots onto Utility Operations staff
computers for further evaluation; and,
4. Conducting periodic maintenance and calibration of the Realflow system to maintain peak
performance.
These four tasks are described in the following scope of services.
I
1217 Bandana Boulevard North St. Paul, MN 55108 Phone (651) 644-8080 Fax (651) 647-0888
www.summite.com
SCOPE OF SERVICES
The goal of this scope of work is to maintain continued operation of the Realflow system, and to provide
a mechanism for reviewing the data and making recommendations to the City based on observed trends. . ’
The proposed scope of work entails the following activities:
Preparing monthly summary reports;
Performing monthly data downloads and system checks;
Preparing monthly data plots and posting these plots to the staff computers; and,
Conducting periodic maintenance and calibration of the Realflow system.
A detailed outline for each of these tasks is provided below.
Task 1:Monthly Data Downloads and System Checks
Summit will download the data from the on-site computer system on a monthly basis. We will make
copies of the monthly files for use by City staff. In addition, the monthly data will be appended to the
historical database to facilitate the observation of long-term trends by City staff and Summit.
Summit will work in conjunction with the City of Eden Prairie Utilities Division to maintain the
standardized system checks developed last year. These checks will verify that the system continues to
acquire high-quality data suitable for continuous and long-term evaluation. Any problems with the system
will be reported to the City, and a plan and accompanying budget prepared for repair or replacement to
get the system functioning properly.
Task 2:Monthly Sum‘mary Reports
Summit will review the prior month’s data, and will prepare a brief summary report that will include
appropriate recommendations for modifications to the well field operation based upon the evaluation. The
monthly summary will be presented in electronic format, and will be suitable for circulation within the
department to key staff.
Task 3:Monthly Data Evaluation Plots
Summit will prepare an evaluation and summary plots of the prior month’s data for posting to Utility
Operations computers. These data plots will facilitate the comparison from month to month of the key
parameters being collected by the Realflow system.
Task IvAnaual Maintenance and Calibration
Summit will calibrate the water level sensors on an annual basis to verify that the sensors are mafntahed
in working order. It is assumed that the vibration sensors, power meters and flow meters will be
maintained and calibrated by others as necessary, although Summit will identify the need €or repair or
replacement of these meters as appropriate.
Mr. Ed Sorensen - 8/21/2003
Proposal for Ongoing ReaHow Support
Page 3
Task
1 - Data Downloads and System Checks
2 - Reporting
3 - Data Evaluation Plots
4 - Annual Calibration
. COST ESTIMATE/ TEAM MEMBER IDE'NTIFICATION
Cost Basis Cost Estimate
12 months @ $750 per month $9,000
12 months GiJ $1,500 per month $18,000
12 months @, $1,000 per month $12,000
Annual Event $3,000
The fo1lowhg Summit employee's and partners will serve as the project team €or the tasks outlined in 'this
proposal.
Task'Totals
I TeamMernber I Title I
$42,000
~ ----- I KevinMillq I Senior Project Manager/ Prhcipal Hydrogeologist 1
I BobDrvden I Svstems AnaIvst I 1 4- J I MarkPackard I GIs Coordinator/ Hydrogeologist I
A breakdown of the costs is presented in the table below.
Summit proposes to*perform these tasks on a time and materials, not-to-exceed basis in accordance with
our fee schedule and the City of Eden Prairie General Conditions, both of which are considered to be part
of this proposal. We will not exceed the authorized amount without prior approval, received in kting,
fiom the City. We look forward to working with you. If you have questions regarding the contents of this
proposal or the project in general, please contact our office.
Sincerely,
Summit Envirosolutions, Inc.
ACCEPTANCE:
Nameflitle: Nanie/Title:
Signature: Signature:
Date: Date:
CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION
1.1 City will provide to Consultant all known information
regarding existing and proposed conditions ofthe site or which
affects the work to be performed by Consultant. Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Mormation as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Information as requested by
consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information furnished by City, or other
subcontractors or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERMITS,
APPROVALS AND UTILITIES
2.1 City will indicate to Consultant the property lines of the site
and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for Consultant to
perfom the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City's responsibilities under this section including
signing certain forms on Ciws behalf such as Right-of-way
fonns.
2.4 While Consultant will take reasonable precautions to
minimize any damage to property, it is understood by City that
in the normal course of the work some damage may occur. The
correction of any damage is the responsibility of City or, at
City's direction, the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the
above, Consultant agrees to be responsible for damage caused
by Consultant's negligence.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
interference, and upon request of Consultant, to provide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum of 30 days after completion of
the work and submission of Consultant's report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
to select and arrange for lawfbl disposal procedures that include
removal of samples from Consultant's custody and transporting
them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
fieight collect, or arrange for law disposal and bill City at cost
plus 15%.
SECTION 4: FlEE PAYMENT / CLAIMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must incIude the following signed and dated statement: "I declare
under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid."
4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (10) days fiomthe invoice
date. Consultant will review the alleged incorrect item within ten
(10) days and either submits a corrected invoice or a statement
indicating the original amount is correct.
4.4 Payment is due upon receipt of invoice (or corrected invoice)
and is past due sixty (60) days from invoice date. On past due
City ofEden Prairie General Condilions
Consultant Agreement
December2000
Page 1 of 4 4a
accounts, City will pay a finance charge of 1.5% permnth on
the unpaid balance, or the maximum allowed by law, whichever
is less, until invoice is llry paid.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
fiomvarious state and federal programs. Consultant may assist
City in applying for or meeting notification requirements,
however. Consultant makes no representations or guarantees as
to what fund reimbursement City may receive. Consultant shall
not be liable for any reductions fiomreimbursement programs
made for any reason by state or federal agencies, except as may
be caused by Consultant's negligence.
4.7 City may withhold from any final payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
awpires, uncovers, or generates in the course of performing the
work, except as and to the extent Cunsultant may, in its sole
discretion, deem itselfrequired by law to disclose.
SECTION 6: DISPUTES/IJMITATIONSOFREMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement.
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
6.4 If Consultant institutes a suit against City, whichis dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
6.5 Dispute Resolution
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5.1 Mediation
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consultant upon demand and will not be
used by City for any purpose.
5.3 Unless otherwise agreed, Consultant will retain all pertinent
records or reports concerning work and services performed for
a period of at least two (2) years after report is submitted.
During that time the records will be made available to City
during Consultant's normal business hours. City may obtain
reproducible copies of all software, manuals, maps, drawings,
logs and reports at cost, plus 15%, for data and materials not
being provided as part of the scope of work for the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or to
mislead others by omitting certain aspects contained in the
report.
5.5 Consultant will consider Project Information as confidential
and will not disclose to third parties information that it
All claims, disputes and other matters in question (hereinafter
"claim'') between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject to
mediation. If the parties have not resolved the dispute willin
thirty (30) days of receipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in the mediation.
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours ofmediation,
the parties have not resolved the dispute, the parties may agree to
extend hours of mediation.
6.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
asserting the same claims entitlement to damages or payment of
less than $25,000.00 in aggregate may be decided by arbitration in
accordance with the Construction Industry Arbitration Rules ofthe
American Arbitration Association then existing unless the parties
mutually agree otherwise. In the event any person shall
commence an action in any court for any claim arising out of or
Ci& ofEden Prairie General Condilions
Consullant Agreement
December 2000
Page 2 of4 43
reWg to this Agreeet or the breach thereof or the Project
or construction thereof or any contract for such construction,
the party &g a claim in arbitration may dismiss such
proceedings (unless the hearing on the claim has commenced)
and elect to assert its claim in such action if such party could
have done so but for the provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, including the arbitrator@). Judgement upon the award
rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof
In the event that arbitration services are not available from
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Compliance
The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Agreement. A
party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the procedure
in all respects, and, may as a condition precedent to arbitration,
require the parties to mediate in accordance with Section 6.5.1
hereof.
SECTION 7: STANDARD OF CARE
7.1 Because no sampling program can prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's
delivery of any warranties, representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and no
warranties, representations, guarantees, or certifications wiU be
made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
7.3 Although data obtained fiomdiscrete sample locations will
be used to infer conditions between sample locations no
guarantee may be given that the inferred conditions exist
because soil, surface and groundwater quality conditions
between sample locations may vary significantly, and because
conditions at the time of sample collection may also vary
significantly with respect to soil, surface water and
groundwater quality at any other given time and for other
reasons beyond Consultant's control.
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNIFICATION
8.1 Consultant will indemnify and hold City harmless f?om and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
Consultant harmless f?om and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE / WORI(ER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required pursuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is current
and in force and effect.
9.2 Consultant shall procure and maintain professional liability
insurance for protection from claims arising out of professional
services caused by any negligent act, error or omission for which
Consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upo1~thirty-.(30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
City ofEden Prairie General Conclitions
Consubant Agreement
December2000
Page 3 of4
SECTION 11: ASSIGNMENT
1 1.1 Neither party may assign duties, rights or interests in the
performance of the work without obtaining the prior written
consent of the other party, which consent will not be
unreasonably withheld. SECTION 18: DISC-ATION
17.1 The Consultant shall at all times abide by Minn. Stat. 13.01
et seq., the M5mesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultmk
SECTION 12: DELAYS
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, additional compensation for same, and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITHHOLDING TAXES
14.1 No final payment shall be made to the Consultant until the
Consultant has provided satisfactory evidence to the City that
the Consultant and each of its subcontracts has complied with
the provisions of Minn. Stat. 290.92 relating to withholding of
income taxes upon wages. A certificate by the Commissioner
of Revenue shall satisfy this requirement.
SECTION 15: AUDITS
15.1 The books, records, documents and accountibg procedures
and practices of the Consultant or other parties relevant to this
Agreement are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six
(6) years after the effective. date of this Contract.
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race, color, creed,
religion, national origin, sex, marital status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
of the Minnesota HumanRights Act, Minn. Stat. 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
SECTION 19: CONF'LICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state
statutes shall not be violated.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not fully
expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
Consultant.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
18.3 This agreement is governed by the laws of the State of
Minnesota.
SECTION 17: DATAPRACTICES ACT COMPLIANCE
Ciw of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 4 of4
~
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DEPARTMENT/DMSION: ITEM DESCRIPTION:
Management and Budgefllanning
Scott H. Neal
John Gertz
Acceptance of Bids and Awarding of Contract
for Remodeling of the Riley-Jacques Barn and
Associated Site Work
DATE: 9/16/03
ITEM NO.:
-y2L .T.
Requested Action
Move to:
Award contract to Parkos Construction Company in the amount of $708,400 for remodeling of
the Riley-Jacques Barn and associated site work.
Synopsis
In accordance with the City's p urchasing p olicy, s taff r equested b ids from c ontractors for the
remodeling project and received 9 bids on August 28,2003. Bid results are attached.
Staff is hereby recommending that the City Council award the contract to Parkos Construction
Company.
Background Information
On July 15, 2003, the City Council approved the Heritage Preservation Site Alternation Permit
for the Riley-Jacques Barn and adjacent site improvements, and also authorized funding for the
project.
The anticipated construction schedule will be to start on March 15, 2004 with substantial
completion on September 15,2004.
Attachments
1. Bid Results Summary
2. Agreement
3. Notice of Award
46
0 0 0 N
co” N
E m
Historic Farm Sites Rehabilitation
City of Eden Prairie
AGREEMENT
THIS AGREEhENT is made and executed the 16’ day of September, 2003 by and between the City of
Eden Prairie, hereinafter referred to as the “CI”’, and Parkos Construction Company, hereinafter referred to as
the “Contractor”.
WITNESSETH,
CITY and Contractor, for the consideration hereinafter stated, agree as follows:
1. Contractor’s Duties: The Contractor shall provide the equipment and construction services
specified in the CITY Project Manual for the Historic Farm Sites Rehabilitation, issued Aumst 7.2003, and shall
do everytlung required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily
comply with the conditions of the Contract Documents and complete the work contemplated by this Agreement in
accordance with the Contract Documents.
2. Bonds: Prior to issuance of the NOTICE TO PROCEED, the Contractor shall furnish to CITY a
performance bond in the amount of $708,400, and a payment bond in the amount of $708,400, both in form and
substance satisfactory to the ClTY.
3.
$708,400 as full and complete payment for the equipment and services rendered pursuant to this
Agreement.
Price: This is a fm price contract wherein the CITY agrees to pay the Contractor the amount of
4. Payment: Payments to the Contractor by the CITY shall be made as provided in the Contract
Documents.
5. Contract Documents: The Contract Documents consist of: Request for Proposals, Information
to Bidders, Proposal, Bid Bond, General Conditions, Addendum to General Conditions, Supplementary General
Conditions, Additional Supplemental Conditions, Payment Bond, Performance Bond, Notice of Award, Notice to
Proceed, Change Order, Drawings prepared by Miller Dunwiddie Architects, Inc., Specifications prepared by
Miller Dunwiddie Architects, Inc., and Addenda No.1, dated August 21, 2003, N0.2, dated August 25, 2003 and
No.3, dated August 27, 2003. The Contract Documents are hereby incorporated with this Agreement and are as
much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the
Contract.
6. Completion: The Contractor shall deliver all equipment and complete all construction within a days of the NOTICE TO PROCEED in accordance with the
terms and conditions set forth in the Contract Documents.
7. Data Practices Act: The Contractor shall at all times abide by the Minnesota Data Practices Act,
1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of the Minn. Stat.
Contractor.
8. Audits: The books, records, documents, and accounting procedures and practices of the
Contractor or other parties relevant to this agreement are subject to examination by the Commission and either
Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract.
9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor
has provided satisfactory evidence to the Commission that the Contractor and each of its subcontracts has
EP0301- Miller-Dunwiddie Architects, Inc. AGREEMENT
Section 00500 - 1 43
Historic Farm Sites Rehabilitation
City of Eden Prairie
complied with the provisions of Minn. Stat. 0 290.92 relating to withholding of income taxes upon wages. A
certificate by the Commissioner of Revenue shall satisfy this requirement.
10. Worker’s Comuensation: Contractor represents and warrants that it has and will maintain
during her performance of the agreement worker’s compensation insurance coverage required pursuant to h4im.
Stat. 0 176.181 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 Commission prior to
execution of this agreement is current and in force and effect.
11. Discrimination: In performance of this contract, the Contractor 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 Contractor, any subcontractor
of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all
contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. 6 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
12. Conflicts: No salaried officer or employee of the Commission and no member of the Board of
the Commission shall have a financial interest, direct or indirect, in this contract. The violation of this provision
renders the Contract void. Any federal regulation and applicable state statutes shall not be violated.
13. 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.”
14. Contractor’s Prompt Pavment of Subcontractors: The Contractor shall pay to any
subcontractor within ten (10) days of the receipt of payment from the Commission for undisputed services
provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 %%) per month or
any p art o fa month to a subcontractor on any undisputed amount not p aid on time to the s ubcontractor. The
minimum monthly interest penalty for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of
less than $100.00, the Contractor shall pay the actual amount due to the subcontractor.
15. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be
considered an original.
16. Whole Agreement: This Agreement and the Contract Documents constitute the final and
complete agreement of the parties and shall supersede and replace any prior oral or written agreements between
CITY and Contractor. Any subsequent modification must be in writing signed by both parties.
17.
Minnesota.
Governing Law: This Agreement shall be governed and construed under the laws of the State of
EP0301- Miller-Dunwiddie Architects, Inc. AGREEMENT
Section 00500 - 2
Historic Farm Sites Rehabilitation
City of Eden Prairie
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set
forth above.
CITY OF EDEN PRAIRIE
Its Mayor
Its City Manager
BY
Contractor
EP0301- Miller-Dunwiddie Architects, Inc. AGREEMENT
Section 00500 - 3 50
Historic Farm Sites Rehabilitation
City of Eden Prairie
SECTION 00400 -NOTICE OF AWARD
HISTORIC FARM SITES REHABILITATION
EDEN PRAIRIE, MIMVESOTA
TO: Mr. John W. Parkos
Parkos Construction Company
1010 South Robert Street
West St. Paul, Minnesota 55 118
Project Description: Historic Farm Site Rehabilitation
The Owner has considered the bid submitted by you for the above described WORK in response to the
Request for Proposals, dated August 7,2003.
You are hereby notified that your BID has been accepted for items in the amount of
$708,400 (Seven hundred eight thousand four hundred dollars).
You are required by the Information for BIDDERS to execute the Agreement and furnish the required
CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within ten (10) calendar
days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days form the date of
this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of
your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other
rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 16'' day of September, 2003.
Owner
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
this the day of , 2003. bY
END OF SECTION 00400
EP0301 - Miller-Dunwiddie Architects, Inc. NOTICE OF AWARD
Section 00400 - 1 51
CITY COUNCIL AGENDA
SECTION: Consent
DEPARTMENT:
Management and Budget-
Facilities
ITEM DESCRTPTION:
Awarding of contract to Re-Roof of Senior Center
DATE:
September 16,2003
ITEM NO.:
JEJl
Requested Action
Move to award contract for the re-roofing of the Senior Center at 8950 Eden Prairie Road to
Dalco Roofing Inc. for $69,430.
Synopsis
This project was combined with the Community Center re-roofing project and the budget was set
at $180,000.00. Budget funds will only allow for re-roof the Senior Center at this time. The
Community Center project will be re-examined in the 2004-05 CIP program for proposed
completion in 2004.
Background Information
The City advertised in the designated newspaper for sealed quotes on the partial re-roofing of the
Eden Prairie Community Center and complete re-roofing of the Senior Center. The low quote
was $1 18,660 over the budgeted amount for both projects. Therefore, we are requesting to re-
roof the Senior Center at the above price and hold over the remaining funds to the 2004-05 CIP,
where we will adjust our request for project funds to reflect the increase needed to complete the
partial re-roof at the Community Center.
CITY COUNCIL AGENDA
SECTION Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Management and BudgetLiquor Approve the Prairieview Liquor Store Lease
Steve Sinell
DATE:
September 16,2003
ITEM NO.:
ZtLI
Requested Action
Move to approve the Prairieview Liquor Store Lease.
Synopsis
The current lease between the City of Eden Prairie and Prairieview Retail LLC was originally
entered into in 1992 and expired on August 31,2003. The new lease is consistent with the letter
of intent that was approved by the City Council on August 19,2003. Initial term is five years
with an option for an additional five years. The rental space is reduced to 4,248 square feet.
The annual rent Years 1 & 2 is $14.50 per square foot or $61,596, Years 3 & 4 is $15.00 per
square foot or $63,720, and Year 5 is $15.50 per square foot or $65,844.
New terms allow the City to terminate the lease if; (1) the City Council decides to cease
operating the liquor business, or (2) the State of Minnesota enacts laws or regulations allowing
grocery stores or others to sell bottled liquor, wine or malt liquor, or (3) the grocery store vacates
or ceases to do business at Prairieview Center.
Background Information
Don Uram, former Director of Management and Budget, and the property asset manager (United
Properties) negotiated the basic terms of the new lease over the last year. The City and United
Properties agreed that the liquor store space would be reduced to 4,248 square feet with the
landlord paying for the new demising wall and s.eparation of utilities and the City paying to
remodel and redecorate the 4,248 square feet of space that we retain.
Mr. Uram and the asset manager also worked out additional lease termination options to cover
issues such as the “Wine in Grocery Store” legislation that could affect the profitability of the
City’s Liquor enterprise.
Attachments
The City Attorney will hand carry the actual lease to the September 16th meeting.
53
CITY COUNCIL AGENDA SECTION: Consent
SERVICE AREA:
Office of the City Manager:
Scott Neal
David Lindahl
ITEM DESCRIPTION:
Lincoln Parc - Amendments to the Project
Management, Regulatory, and Subordination
Agreements (Resolution)
DATE: September
16,2003
ITEM NO.
Em,
Requested Council Action:
Move to: Adopt Resolution approving the amendments to the Project Management Agreement,
Regulatory Agreement, and Subordination Agreements for Lincoln Parc Apartments.
Synopsis:
Lincoln Parc is being sold by the current owner, Weedum Foundation, to TE Miller Development
LLC. The buyer needs clarification that if they decide to convert the 38 affordable rental units to
market rate any time during the remaining te4 of the current agreement with the City (1 3 years),
the City’s recourse would be to terminate the Tax Increment and recover the $200,000 CDBG
loan plus interest, but would no longer require that the project be affordable.
Background:
Lincoln Parc is a mixed-use project consisting of 186 rental units and 20,000 square feet of office
space. It was built in 2001 and is located on Eden Road next to the City water tower. Twenty percent
of the units (38) are affordable through 2016 per an agreement with the City, which is providing “pay
as you go” Tax Increment Financing and a $200,000 CDBG loan. According the current owner, the
project is struggling financially due to several factors including:
= Opened “September 11 , 2001” when rental occupancies began declining throughout the area
1 Low interest rates lured many renters to home ownership
High turnover rates and many rent concessions made to attract tenants
TE Miller, the prospective buyer of the project, has indicated that they intend to keep the project
affordable per the terms of the existing Project Management Agreement. They have also indicated,
however, that if they cannot turn the project around over the next year or so they intend to covert it to a
100% market rate development. In the event they convert it to market rate, they will repay all unused
TIF and the CDBG loan to the City.
Attachments:
Resolution
5.1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
RESOLUTION AUTHORIZING THIRD AMENDMENT TO
PROJECT MANAGEMENT AGREEMENT, FIRST AMENDMENT TO REGULATORY
AGREEMENT AND AMENDED SUBORDINATION AGREEMENT
WHEREAS, Hartford Associates, LLC, (“Hartford”) and the City of Eden Prairie
(“City”) entered into that certain Project Management Agreement (“Original Agreement”) dated
June 20, 2000, as assigned to Lincoln Parc Apartments, LLC (“Developer”) pursuant to an
Assignment of Project Management Agreement dated October 25, 2000, relating to the
development of an 186 unit apartment building (the “Project”);
WHEREAS, by that certain First Amendment to the Project Management Agreement
dated as of November 20, 2000 (“First Amendment”) by and between Developer and City,
Developer and City amended the Original Agreement as set forth in the First Amendment;
WHEREAS, by that certain Second Amendment to the Project Management Agreement
dated as of September 17, 2002 (“Second Amendment”) by and between Developer and City,
Developer and City further amended the Original Agreement as set forth in the Second
Amendment. The Original Agreement, the First Amendment and the Second Amendment are
hereinafter referred to as the Agreement;
WHEREAS, Lincoln Parc Apartments, LLC (“Lincoln”) and the City of Eden Prairie
(“City”) entered into that certain Regulatory Agreement (“Regulatory Agreement”) dated
November 1, 2000, relating to the $27,270,000 Multifamily Housing Revenue Bonds, Series
200A and the $539,000 Taxable Multifamily Housing Revenue Bonds, Series with respect to the
“Project”;
WHEREAS, Lincoln Parc Apartments, LLC (“Lincoln”) and the City of Eden Prairie
(“City”) entered into that certain CDBG Mortgage (“CDBG Mortgage”) dated November 15,
2000, relating to the $27,270,000 Multifamily Housing Revenue Bonds, Series 2000A and the
$539,000 Taxable Multifamily Housing Revenue Bonds, Series B with respect to the “Project”;
WHEREAS, the Developer and City deem it necessary and desirable to further amend
the Agreement as provided for in the attached Third Amendment to Project Management
Agreement, to amend the Regulatory Agreement as set forth in the First Amendment to the
Regulatory Agreement and to subordinate the CDBG Mortgage to such first mortgage financing
that refinances and replaces Series A and Series B Bonds referred to above.
NOW THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council that:
The Third Amendment to Original Agreement, the First Amendment to the Regulatory
Agreement and the subordination of the CDBG Mortgage as described above is hereby approved.
55
The Mayor and City Manager are hereby authorized to execute the Third Amendment to Project
Management Agreement, the First Amendment to the Regulatory Agreement, a subordination
agreement relating to the CDBG Mortgage and such other documents and certificates as may be
necessary, as determined by the officers executing such documents referred to above, to give
effect to the transactions herein contemplated.
ADOPTED by the Eden Prairie City Council on September 16,2003.
ATTEST:
Kathleen Porta, City Clerk
Nancy Tyra-Lukens, Mayor
(Seal)
CITY COUNCIL AGENDA
SECTION: Public Hearings
DEPARTMENT:
City Manager, Scott Neal
DATE:
September 16,2003
ITEM DESCRIPTION: ITEM NO.:
Resolution Giving Host Approval for Issuance of
Healthcare Facilities Revenue Bonds, Series 2003 n, A
(Group Health Plan, Inc. Project)
Requested Action
Move to:
Close the Public Hearing; and
Adopt Resolution giving host approval for issuance of Healthcare Facilities Revenue Bonds,
Series 2003 (Group Health Plan, Inc. Project)
Synopsis
Group Health Plan, Incorporated (dba Health Papers) has recently issued tax-exempt bonds
through the cities of Minneapolis and St. Paul toconstruct improvements to properties it owns
throughout the metropolitan area. Because the funds used to construct the improvements are the
result of a tax-exempt financing, Minnesota Statutes requires the "host community" of the
facility that will be improved to hold a public hearing to approve the project(s).
In Eden Prairie, the tax-exempt hds will be used to fund office renovation work at the Health
Partners office located at 9700 West 76th Street.
Staff recommends the Council grant the necessary approval for this item.
Attachment
Resolution
53
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
RESOLUTION GMNG HOST APPROVAL
TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE
BONDS, SERIES 2003
(GROUP HEUTH PLAN, INC. PROJECT)
WHEREAS, Group Health Plan, Inc., a Minnesota nonprofit corporation ("Group
Health"), currently operates facilities located at 9700 West 76th Street in the City of Eden Prairie
(the "Local Facilities");
WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority
of the City of Saint Paul, Minnesota and the City of Minneapolis, Minnesota, jointly issue Health
Care Facility Revenue Bonds in the approximate principal amount of $85,000,000 (the "Bonds")
to finance or refinance various capital expenditures made by Group Health in approxhately 9
cities located throughout the State of Minnesota, including the Local Facilities;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires
that each municipality in which facilities to be financed or refinanced by the Bonds are located
must approve the issuance of the Bonds following a public hearing;
costs incurred at the Local Facilities was held by the City on this date;
general or moral obligation of the City of Eden Prairie, the Housing and Redevelopment
Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but
will be payable solely from revenues of Group Health to the extent and in the manner provided
in the documents executed in connection with the issuance of the Bonds.
WHEREAS, a public hearing on the issuance of the Bonds to finance or refinance capital
WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie that the City hereby gives the host approval required under the Internal Revenue Code to
the issuance of the Bonds.
The motion for the adoption of the foregoing resolution was made by
by thereof:
and the following voted against the same:
, seconded , and upon vote being duly taken thereon, the following voted in favor
Whereupon said resolution was declared duly passed and adopted this 16th day of
September.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE: 9/16/03
ITEM DESCRIPTION: Management and Budgefllanning
Danette M. Moore
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review on 9.47 acres; and
Approve 1st Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Amendment in the 1-2 Zoning District; and
Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions; and
Direct staff to issue a land alteration permit and footings and foundation permit.
Synopsis
The site plan shows an expansion of the existing 77,007 square foot building by an additional
18,150 square feet and 76 additional parking spaces. The plan meets all requirements in the 1-2
Industrial Zoning District.
Community Planning Board Recommendation
The C ommunity P lanning B oard voted 7 -0 to recommend approval o f t he p roject to the C ity
Council at the August 25, 2003 meeting, subject to modifying the mechanical equipment
screening for better screening of rooftop mechanical equipment and provide a TDM budget.
Background Information
A revised TDM budget is included in the packet. The mechanical equipment screening plan has
not been completed. However, staff has met with the applicant on-site and agreed that the
screening will extend the entire length of the addition.
Attachments
1.
2.
3.
Resolution for PUD Concept Review
Staff Report dated August 22,2003
Community Planning Board minutes dated August 25,2003
CIMALABS
CITY OF EDEN PRAIRIE
EIENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2003-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF CIMA LABS
FOR CIMA LABS, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on August 25,
2003 for CIMA Labs by CIMA Labs, Inc., and considered their request for approval of the PUD
Concept plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on September 16,2003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. CIMA Labs, being in Hennepin County, Minnesota, legally described as outlined
in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated August 11,2003.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated August 25,2003.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of September,
2003.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra-Lukens, Mayor
EXHIBIT A
PUD Concept-CIMA Labs
Lot 1, Block 1 Braun Estates
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/:
OWNER
REQUEST:
Community Planning Board
Danette M. Moore, Planner
Michael. D. Franzen, City Planner
August 22,2003
CIMA Labs, Inc.
10000 Valley View Road
CIMA Labs, Inc.
1. Planned Unit Development Concept Review on 9.47 acres
2. Planned Unit Development District Review on 9.47 acres
3. Zoning District Amendment within the 1-2 District on 9.47 acres
4. Site Plan Review on 9.47 acres
Staf€Report
CIMA Labs, Inc.
August 22,2003
BACKGROUND
The Comprehensive Guide Plan shows the site as Industrial. The property is zoned 1-2.
Surrounding land uses consist of Industrial to the north, west, and east, with office to the south.
In 1980 the city approved the Braun Fashion Planned Unit Development allowing for a 74,766
square foot building with an anticipated future expansion of 57,500 square feet.
SITE PLAN
The proposal involves expanding the existing 77,007 square foot building by an additional
18,150 square feet. The expansion will allow for additional warehouse area and 76 additional
parking spaces. The building meets the setback requirements for the Industrial District. The
base area ratio and floor area ratio will be .23. The City Code permits up to a .30 base area ratio
and floor area ratio for a single story building in the Industrial District
There are 208 required parking spaces. The proposed plan shows 190 spaces and 77 proof of
parking spaces for a total of 267 spaces.
DRAINAGE
The proposal includes a pond northeast of the expansion area. Storm water for the entire site,
including the building addition and parking lot will be treated to NURP standards through a
combination of ponding and installation of a water quality structure.
TREE LOSS AND LANDSCAPING
No significant trees will be impacted by the project.
The amount of landscaping required is based on a caliper inch requirement according to building
square footage or 57 caliper inches. The plan shows 107.5 inches of landscaping. When the
proof of parking area is implemented, an additional 95 caliper inches will be added to provide
screening.
ARCHITECTURE
The building expansion is consistent with the architecture of the existing warehouse.
Valley View Road sits at a higher elevation along the northeasterly portion of the property. It is
not physically possible to completely screen the mechanical equipment. The mechanical
screening plan shows a mechanical screen around portions of the mechanical units and will be
extended to more filly screen the existing and proposed rooftop equipment.
SWReport
CIMA Labs, Inc.
August 22,2003
TRAVEL DEMAND MANAGEMENT PLAN
A Travel Demand Management Plan has been prepared for this project. A letter of credit in
accordance with the TDM Plan will be required prior to building permit issuance. TDM plans
are n ecessary as p art o f o ffice and industrial d evelopments t o h elp reduce traffic in the p eak
hours.
STAFF RECOMMENDATIONS
Staff recommends approval of the following;
0
e
0
0
Planned Unit Development Concept Review on 9.47 acres
Planned Unit Development District Review on 9.47 acres
Zoning District Amendment within the 1-2 District on 9.47 acres
Site Plan Review on 9.47 acres
This would be based on plans dated August 11 , 2003, this staff report, and the following
conditions:
1. Prior to City Council review, the proponent shall:
A. Provide an approved TDM plan and budget.
B. Submit a revised rooftop mechanical equipment screening plan.
2. Prior to grading permit issuance and the construction of the parking lot, the proponent shall:
A. Notifl the City and Watershed District 4-8 hours in advance of grading.
B. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
3. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscape surety.
B. Submit detailed building plans to the Inspections Department and Fire Marshal for their
review and approval.
C. Submit a letter of credit in accordance with the TDM Plan.
Planning Board Minutes
August 25,2003
Page 2
A. CIMA LABS by CIMA Labs, Inc.. Request for Planned Unit Development
Concept Review on 9.47 acres, Planned Unit Development District Review on
9.47 acres, and Site Plan Review on 9.47 acres. Location: 10000 Valley View
Road.
Tom Rim, Engineering manager of Cima Labs presented the project. He said
because of growth and additional employees, they need to build an expansion to
the existing building.
David Hagen of Loucks Associates stated they are asking for an 18,150 square
foot expansion and addition of 77 parking spaces resulting in a total of 190
parking spaces. There are also 77 spaces set aside for proof of parking to add
more as needed in the future. The request is an amendment to the PUD and
approval of the site plan.
Mike Franzen stated the staff recommends approval according to the recom-
mendations on the last page of the staff report and the project meets all City Code
requirements.
Seymour asked what was meant by a water quality structure. Franzen responded
it consists of a catch basin with a trap to catch sediment or debris; the clean water
rises up and the sediment is removed by a vacuum.
Sodt questioned since they are not meeting the parking requirements except for
proof of parking whether staff was comfortable with that. Franzen responded yes
some developments require more parking than the code requires, others require
less. Proof of parking allows land to remain as green space until such time as the
staff or developer determine that more spaces are needed.
Steppat stated in the staff report it mentions that prior to Council review the
proponent will provide an approved TDM plan and budget and a mechanical
equipment screening plan. He asked if this is something the Board needs to see or
whether it will go directly to the Council. Franzen responded these are details
that do not materially change the plan but are important items to be completed.
Staff wants to make sure the mechanical equipment is better screened to make it
less visible.
Franzen added that the TDM plan only needs a budget and a letter of credit to
make sure the plan is implemented. Koenig stated she would appreciate feedback
from staff on TDM and transportation issues. Franzen suggested that the Board
invite Randy Newton, the City's Transportation Engineer, to attend a Board
meeting and give them some information on TDM plans and how well they are
working.
65
Planning Board Minutes
August 25,2003
Page 3
MOTION by Sodt, second by Koenig, to close the public hearing. Motion
carried, 7-0
MOTION by Koenig, second by Foote, to recommend approval of a Planned
Unit Development Concept Review on 9.47 acres, Planned Unit Development
District Review on 9.47 acres, and Site Plan Review on 9.47 acres, based on plans
dated August 19,2003, subject to the recommendations of the staffreport dated
August 22,2003, to the City Council. Motion carried, 7-0
Stoelting joined the meeting at 7:lO p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
September 16,2003
ITEM DESCRIPTION:
Payment of Claims SERVICE AREADIVISION:
Management and Budget -
Sue Kotchevar I
ITEM NO.: a.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 123374 - 123704
Wire Transfers 1868 - 1873
Background Information
Attachments
City of Eden Prairie
Council Check Summary
911 612003
Division Amount
101
110
I11
112
113
114
115
116
117
130
131
132
133
134
135
136
151
153
154
155
156
158
159
161
162
163
180
184
185
186
200
201
203
204
302
502
503
505
506
507
509
51 I
512
601
602
603
701
702
703
803
806
General
Legislative
City Clerk
Customer Service
Human Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Social Services
Community Development
Heritage Preservation
Information Technology
Wireless Communication
Park Maintenance
Athletic Programs
Community Center
Beaches
Youth Programs
Senior Center
Recreation Administration
Oak Point Pool
Arts
Park Facilities
Police
Fire
Animal Control
Inspections
Engineering
Street Maintenance
Fleet Services
Equipment Revolving
HRA Fund
Park Development
Utility Improvement
Utility Reserve
lmprovment Bonds 1996
Construction Fund
CIP Fund
Construction Fund
CIP Trails
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
Escrow Fund
SAC Agency Fund
Report Total
395,808
685
150
14,641
1,483
350
6,740
250
8,421
1,316
252
135
127
728
150
49,387
2,655
9,169
7,225
8,440
103
1,386
1,123
6,157
70
2,610
1,355
19,287
9,659
88
376
740
286,165
32,736
110,418
1,100
41,238
44,545
5,420
23,240
44,949
37,959
1,734,603
50
54,465
104,654
60,954
155,280
193,509
8,207
19,014
2,550
3,512,122
Ci of Eden Prairie
Cound Check Register
911 612003
Check #
1868
1869
1870
1871
1872
1873
123374
123375
123376
123377
123378
123379
123380
123381
123382
123383
123384
123385
123386
123387
123388
123389
123390
123391
123392
123393
123394
123395
123396
123397
123399
123400
123401
123402
123403
123404
123405
123406
123407
123408
123409
12341 0
12341 1
12341 2
12341 3
12341 4
12341 5
12341 6
12341 7
12341 8
12341 9
123420
123421
123422
123423
123424
123425
123426
123427
123428
123429
123430
123431
123432
123433
123434
123435
123437
123438
123439
123440
123441
Amount
10,315
26,540
18,350
136,263
65,905
66,544
225
73
52
5,000
38
6
21
49
1,590
9,591
55,644
407
2,100
2,681
17,347
181
50
265
233
3,000
290
1,385
317
40
80
1,191
123
9
190
1,000
390
50
465
65
230
32,309
165
68
1,056
175
238
46
51
46
1,444
18
50
28
20
3,043
136
90
483
5,170
4,175
1,766
12,036
186
747
9,395
608
19,322
13,965
688
7,683
4,412
Vendor I Explanation
ICMA RETIREMENT TRUST-457
MINNESOTA DEPT OF REVENUE
ORCHARD TRUST CO AS TRUSTEUCU
WELLS FARGO MINNESOTAN A
PUBLIC EMPLOYEES RETIREMENT
PUBLIC EMPLOYEES RETIREMENT
BIRD HOUSE INN
BREDOW, VERNET
BRENNEN, TOM
CENTER FOR LEADERSHIP STUDIES,
ECOLAB INC
GENZ RYAN PLUMBING & HEATING
HORIZON CONTRACTORS INC
INT’L FIRE PROTECTION
INTERNATIONAL UNION OF OPERATI
LAMETTRYS COLLISION
MEDICA CHOICE
MENARDS
METRO SALES INCORPORATED*
MlNN CHILD SUPPORT PAYMENT CTR
MINNESOTA STATE RETIREMENT SYS
MINNESOTA TWINS
MINNETONKA, CITY OF POLICE DEP
NCPERS GROUP LIFE INSURANCE
PEPS1 COLA COMPANY
POSTAGE BY PHONE RESERVE ACCOU
QWEST
ROSENWINKEL, GARY
RUND, LISA
SHINNERS, MICHAEL
ANCHOR BANK
ANCHOR PAPER COMPANY
BAGS & BOWS
DAVIS, AMY
FINK, ANNE
FRIENDS WORLD PROGRAM, LONG IS
HENNEPIN COUNTY TREASURER
HENNEPIN COUNTY TREASURER
HOME DEPOT/GECF
ICE SKATING INSTITUTE
KRAEMERS HARDWARE INC
LOGIS
MENARDS
METRO DINING CLUB
MINNESOTA STATE FAIR
MN AWWA
MOORHEAD COURTYARD MARRIOTT
PETSMART
PRIORITY COURIER EXPERTS
PUBLIC EMPLOYEES RETIREMENT
Qwest COMMUNICATIONS
SINCLAIR, JEAN
SORENSEN, ED
STAR TRIBUNE
WlLS
WORK CONNECTION-BPARK
ACE ICE COMPANY
AMERlPRlDE LINEN &APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GElTMAN COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
HOHENSTEINS INC
JOHNSON BROTHERS LIQUOR CO
MARK VI1
MIDWEST COCA COLA BOlTLlNG COM
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
Account Description
Deferred compensation
State Taxes Withheld
Deferred Compensation
Employers SS & Medicare
Employees PERA
Employers PERA
Special Event Fees
Operating Supplies
AR Utility
Other Contracted Services
Building Repair & Maint.
Cash Over/Short
Mechanical Permits
Cash Over/Short
Union Dues Withheld
Equipment Repair & Maint
Medical Bills Prepaid
Repair & Maint. Supplies
Other Rentals
Garnishment Withheld
Severance
Special Event Fees
Tuition ReimbursemenffSchool
Life Insurance EUER
Operating Supplies
Postage
Telephone
Deposits
Travel Expense
AR Utility
Sign Permits
Office Supplies
Misc Taxable
Lessons & Classes
Wages No Benefits
Deposits
Operating Supplies
Licenses & Taxes
Repair & Maint. Supplies
Licenses & Taxes
Operating Supplies
LOGIS
Equipment Repair &. Maint
Deposits
Deposits
Conference Expense
Travel Expense
Canine Supplies
Equipment Repair & Maint
Miscellaneous
Pager & Cell Phone
Lessons & Classes
Travel Expense
Dues & Subscriptions
Dues & Subscriptions
Other Contracted Services
Misc Non-Taxable
Repair & Maint. Supplies
Misc Non-Taxable
Liquor
Beer
Wine Imported
Beer
Misc Taxable
Wine Domestic
Liquor
Beer
Liquor
Beer
Misc Taxable
Wine Imported
Wine Domestic
Business Unit
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
Senior Center Program
Senior Center Program
Water Enterprise Fund
In Service Training
Senior Center
General Fund
General Fund
General Fund
General Fund
Fleet Services
General Fund
Water Treatment Plant
General
General Fund
Police
Senior Center Program
Police
General Fund
Pool Special Events
General
Crestwood Park
Escrow
In Service Training
Water Enterprise Fund
General Fund
General
Den Road Liquor Store
Fitness Classes
Fitness Classes
Escrow
Community Development
CIP Trails
General Facilities
Ice Arena
Water Treatment Plant
Information Technology
Park Maintenance
Escrow
Escrow
Water Utility - General
Water Utility - General
Police
Fleet Services
General Fund
Police
Fitness Classes
Water Utility - General
In Service Training
In Service Training
Park Maintenance
Prairie View Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Check $
123442
123443
123444
123445
123446
123447
123448
123449
123450
123451
123452
123453
123454
123455
123456
123457
123458
123459
123460
123461
123462
123463
123464
123465
123466
123467
123468
123469
123470
123471
123472
123473
123474
123475
123476
123477
123478
123479
123480
123481
123482
123483
123484
123485
123486
123487
123488
123489
123490
123491
123492
123493
123494
123495
123496
123497
123498
123499
123500
123501
123502
123503
123504
123505
123506
123507
123508
123509
12351 0
12351 1
12351 2
123513
123514
12351 5
12351 6
1 2351 7
Amount
431
2,710
8,571
25,699
151
2,255
3,303
350
290
255
1,725
99
10
1,386
239
5
26
33
15,890
26
5,810
62
19,271
18
85
31 5
355
529
1,100
60
2,342
5
1,500
703
246
250
493
162
525
428
92
102
74
50
160
60
38
135
150
23
95
173
3,219
850
124
108
556
5,230
5,308
1,226
10,190
160
115
1,206
12,326
11,084
7,594
582
890
3,493
62
7,230
41 3
1,725
8,454
10,788
Vendor I Explanation
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
TRI COUNTY BEVERAGE & SUPPLY
WINE MERCHANTS INC
WORLD CLASS WINES INC
3CMA
AARP 55 ALIVE MATURE DRIVING
ANCHOR PAPER COMPANY
ASPEN WASTE SYSTEMS INC.
BEACH, DOUGLAS E
CENTERPOINT ENERGY
CLASSIC GYMNASTICS
DEGREE, BETH
EZ CALL STATIONERS
FIRESIDE HEARTH & HOME
GRAINGER
HENNEPIN COUNTY
HOMA, LOIS
KMC TELECOM HOLDINGS INC.
KRESS, CARLA
MANLEY BROS CONSTRUCTION
MINNESOTA DEPT OF PUBLIC SAFET
MINNESOTA VIKINGS FOOD SERVICE
MN FALL MAINTENANCE EXPO
OFFICE DEPOT CREDIT PLAN
PANNING, BRITANY
PRESERVE PLACE
PRIORITY COURIER EXPERTS
QW EST
RICHFIELD PLUMBING CO
SIMON, ANDREA
TAURUS PROPERTIES
UNITED WAY
BRAGG, ANNALISA
CHANHASSEN BUMPER TO BUMPER
CHOICE INC
CINCINNATUS
CUB FOODS EDEN PRAIRIE
DELEGARD TOOL CO
FASTENAL COMPANY
FEDEX
HENNEPIN COUNTY TREASURER
LMHRC
MEENDERING, MARLIN
MENARDS
MILE
MINNESOTA HISTORICAL SOCIETY
MINNESOTA POLLUTION CONTROL AG
MINNESOTA VALLEY ELECTRIC COOP
PELTIER, JAMES
RELIASTAR LIFE INSURANCE CO
ZWIEG, JEFF
ACE ICE COMPANY
AMERlPRlDE LINEN &APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
EXTREME BEVERAGE
FINE WINES FROM EUROPE
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARK VI1
MIDWEST COCA COLA BOlTLlNG COM
NEW FRANCE WINE COMPANY
PAUSTIS & SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
Account Description
Misc Taxable
Wine Domestic
Wine Domestic
Beer
Beer
Wine Domestic
Wine Domestic
Dues & Subscriptions
Other Contracted Services
Office Supplies
Waste Disposal
Building Permits
Gas
Instructor Service
Mileage & Parking
Operating Supplies
Cash Over/Short
Repair & Maint. Supplies
Deposits
Program Fee
Telephone
Mileage & Parking
Cash Park Fees
Bike Registrations
Miscellaneous
Conference Expense
Repair & Maint. Supplies
Other Revenue
Hope Loan Receivable
Equipment Repair & Maint
Telephone
Cash Over/Short
Tuition ReimbursemenVSchool
Street Lighting
United Way Withheld
Instructor Service
Equipment Parts
Other Contracted Services
Other Contracted Services
Employee Award
Equipment Repair & Maint
Repair & Maint. Supplies
Postage
Licenses &Taxes
Conference Expense
Riley Lake Shelter
Repair & Maint. Supplies
Conference Expense
Conference Expense
Licenses & Taxes
Electric
Operating Supplies
Disability Ins Employers
Building Repair & Maint.
Misc Non-Taxable
Repair & Maint. Supplies
Misc Non-Taxable
Operating Supplies
Beer
Wine Imported
Beer
Misc Taxable
Wine Domestic
Wine Domestic
Liquor
Wine Domestic
Misc Taxable
Misc Taxable
Wine Domestic
Wine Domestic
Misc Taxable
Liquor
Misc Taxable
Wine Domestic
Liquor
Business Unit
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Communication Services
Senior Center Program
General
Public WorkdParks
General Fund
Crestwood Park
Summer Skill Development
Aquatics & Fitness Admin
Water System Maintenance
General Fund
General Facilities
Escrow
Senior Center Program
Telephone
Senior Center Administration
Park Acquisition & Development
General Fund
Housing, Trans, & Human Serv
Engineering
Maintenance
General Fund
Hope Loan Damage Deposit
Fleet Services
Round Lake
General Fund
In Service Training
General Fund
General Fund
Outdoor Center
Fleet Services
Prairie Village Liquor Store
City Council
Human Resources
Fleet Services
Water Treatment Plant
General
Park Construction
City Council
Park Facilities
Water System Maintenance
Finance
Heritage Preservation
Sewer Utility - General
Sewer Liffstation
Fire
General Fund
City Center Operations
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Check i+
12351 8
12351 9
123520
123521
123522
123523
123524
123525
123526
123527
123529
123530
123531
123532
123533
123534
123535
123536
123537
123539
123540
123541
123542
123543
123544
123545
123546
123547
123549
123550
123551
123552
123553
123554
123555
123556
I23557
123559
123560
123561
123562
123563
123564
123565
123566
123567
123569
123570
123571
123572
123573
123574
123575
123576
123577
123578
123579
123580
123581
123582
I23583
123584
123585
123586
123587
123588
123589
123590
123591
123592
123593
123528
123538
I 23548
I 23558
I 23568
Amount
1,948
73
3,070
2,655
31 1
26
40
400
204
1 75
300
35
175
300
60
250
328
21 0
30
31,220
60
31 0
350
94
100
36
17,975
100
3,107
60
3,408
7
65
287
a75
aa
I a5
129,422
1,900
572
21 1
15
115
151
402
156
1,016
1,026,191
53,706
8
300
562
159
1,551
1,546
1,303
270
67
1,597
355
33,796
300
15,085
165,504
3,149
29,965
1,966
107
1,424
188
21 7
81 6
580
110
107
a33
Vendor I Explanation
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ARCH PAGING
BLOOMINGTON SECURITY SOLUTIONS
CRACAUER, CLIFF
CUNNINGHAM, DIANE
ELVIN SAFETY SUPPLY INC
FAHEY, LARRY
FIRE INSTRUCTORS ASSN OF MN
GASCH, ROBERT
HANSEN, JOHN F
HEILAND, CAROL
HENNEPIN COUNTY PUBLIC RECORDS
JENSON, PATRICIA B.
JOHNSON, PEG
LEAGUE MN CITIES INS TRUST
LYNN'S FLOWER DESIGN
MAAO CONFERENCES ATTN P KNUTSO
MINNESOTA COUNTY ATTORNEYS ASS
MIRACLE RECREATION EQUIPMENT C
MORTENSEN, MARY
OTTERTUNITY INC.
HENNEPIN COUNTY TREASURER-TAXP
PElTY CASH -SANDY WERTS
PElTY CASH-EPCC
QUICKSTEPS
QWEST
SIGNCRAFTERS
ST. CROlX BASEBALL CLUB
WARNER, ALYCE
WEBBER RECREATIONAL DESIGN INC
A TO 2 RENTAL CENTER
ADOLPHKIEFER
AFFILIATED EMERGENCY VETERINAR
ALL STEEL PRODUCTS CO., INC
AMERICAN LIBERTY CONSTRUCTION,
AMERICAN WATER WORKS ASSOCIATI
AMTECH LIGHTING SERVICES
ANCHOR PAPER COMPANY
AQUA ENGINEERING INC
ASSURED SECURITY INC
ATHLETICA
AUTO ELECTRIC SPECIALISTS
BENIEK PROPERTY SERVICES INC.
BITUMINOUS ROADWAYS INC
BOYER FORD TRUCKS
BOYER TRUCKS SO. ST. PAUL
BRAUN INTERTEC CORPORATION
BROWN, PAUL
BRYAN ROCK PRODUCTS INC
CARGO PROTECTORS INC
CEMSTONE
CENTRAIRE INC
CLAREYS INC
CLASS SOFTWARE SOLUTIONS
COPY EQUIPMENT INC
CORPORATE EXPRESS
CURTIS 1000 INC
DAVIES/NORTHERN WATER WORKS
DELL MARKETING L.P.
DMJ CORPORATION
DNR SCREEN PRINTING INC
DRT TRANSPORT
EARL F ANDERSEN INC
ECOLAB INC
EDEN PRAIRIE APPLIANCE
EDINA SW PLUMBING
EMERGENCY AUTOMOTIVE TECHNOLOG
ENERGY MANAG EM ENT I NC
ESCHELON TELECOM INC
FACILITY SYSTEMS INC
FEDERAL SIGNAL CORPORATION
US POSTMASTER - HOPKINS
BAN-KOE SYSTEMS INC
CUTLER-MAGNER COMPANY
Account Description
Wine Domestic
Wine Domestic
Wine Domestic
Pager & Cell Phone
Operating Supplies
Mileage & Parking
AR Utility
Operating Supplies
Other Contracted Services
Office Supplies
Other Contracted Services
Other Contracted Services
Lessons & Classes
Other Contracted Services
Operating Supplies
Other Contracted Services
Program Fee
Insurance
Building Repair & Maint.
Conference Expense
Tuition ReimbursementlSchool
Other Assets
Program Fee
Other Contracted Services
Operating Supplies
Mileage & Parking
Other Contracted Services
Telephone
Equipment Repair & Maint
Other Contracted Services
Postage
Program Fee
Improvements to Land
Equipment Repair & Maint
Safety Supplies
Other Contracted Services
Repair & Maint. Supplies
Building
Training Supplies
Other Contracted Services
Office Supplies
Repair & Maint. Supplies
Building Repair & Maint.
Operating Supplies
Equipment Repair & Maint
Operating Supplies
Building Repair & Maint.
Improvement Contracts
Autos
Equipment Parts
Testing - Soil Boring
Other Contracted Services
Landscape Materials/Supp
Operating Supplies
Repair & Maint. Supplies
Building Repair & Maint.
Safety Supplies
Office Supplies
Operating Supplies
Office Supplies
Office Supplies
Chemicals
Equipment Parts
Computers
Improvement Contracts
Awards
Other Contracted Services
Building Materials
Operating Supplies
Repair & Maint. Supplies
Building Repair & Maint.
Equipment Parts
Repair & Maint. Supplies
Equipment Repair & Maint
Other Contracted Senrices
Equipment Repair & Maint
71
Business Unit
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Wireless Communication
Fire
Fleet Services
Water Enterprise Fund
Engineering
Sunbonnet Days
Fire
Sunbonnet Days
Sunbonnet Days
Fitness Classes
Engineering
Community Development
Sunbonnet Days
Adult Program
Risk Management
Fire Station #3
Assessing
Police
Park Acquisition & Development
Adult Program
Sunbonnet .Days
Sunbonnet Days
Community Center Admin
Sunbonnet Days
Sewer Liftstation
Marketcenter Reservoir
Sunbonnet Days
General
Adult Program
Park Acquisition & Development
Park Maintenance
Oak Point Operations
Animal Control
Storm Drainage
Construction Fund
Water Utility - General
Round Lake
General
Park Maintenance
Police City Center
Ice Arena
Fleet Services
Community Center Admin
Fire Station #5
Construction Fund
Public Works
Fleet Services
Charlson Area Construction
Park Facilities
Park Maintenance
Sewer System Maintenance
Storm Drainage
Public Works/Parks
Fleet Services
Community Center Admin
Park Maintenance
General
General
Water Treatment Plant
Water System Maintenance
Capital Impr. I Maint. Fund
Construction Fund
Volleyball
Lime Sludge
Park Maintenance
Maintenance
Public WorkdParks
Fire Station #2
Fleet Services
Ice Arena
Telephone
Furniture
Fleet Services
check::
723594
123595
123596
123597
123598
123599
123600
123601
123602
123603
123604
123605
123606
123607
123608
123609
123610
123611
123612
12361 3
12361 4
12361 5
12361 6
123617
12361 8
123619
123620
123621
123622
123623
123624
123625
123626
123627
123628
123629
123630
123631
123632
123633
123634
123635
123636
123637
123638
123639
123640
123641
123642
123643
123644
123645
123646
123647
123648
123649
123650
123651
123652
123653
123654
123655
123656
123657
123658
123659
123660
123661
123662
123663
123664
123665
123666
123667
123668
123669
Amount
275
189
38
52
700
Ill
1,327
197
3,662
88
155
146
7,887
12,329
8,257
439
242
524
6,157
1 ,I 05
184
2,548
428
31,408
5,184
1,000
396
304
1,930
2,241
390
2,174
841
1,235
202
1,226
350
650
309
579
188,266
680
1,424
1,030
61
1,484
571
184
164
21 0
53,937
1,112
1,966
787
89
334
282,564
403
5,600
3,160
84
1,070
36
56,016
351
91
1,225
2,215
38
347
355,755
280
394
13,119
407
41,788
VendorI~natiorl
FERO, STACEY
FERRELLGAS
RKES HYGIENE SERVICES
RNLEY BROS INC
FORDAHL, TAMARA
FORE MECHANICAL, INC
GARTNER REFRIGERATION & MFG IN
GENERAL REPAIR SERVICE
GENERAL SAFETY EQUIPMENT COMPA
GERTENS
GRAINGER
HANSEN THORP PELLINEN OLSON
HARTLAND FUEL PRODUCTS LLC
HAWKINS WATER TREATMENT GROUP
HENNEPIN COUNTY ITT DEPT
HIGLEY, STEVE
HI RS H FI ELDS PA1 NT M ANUFACTU RI N
HOUSE OF PRINT
HYDROLOGIC
IC1 DULUX PAINT CTRS
IDEXX DISTRIBUTION CORP
INFRATECH
INGRAM EXCAVATING INC
INSIGHT PUBLIC SECTOR
INVENSYS METERING SYSTEMS
J H LARSON ELECTRICAL COMPANY
J J KELLER &ASSOCIATES INC
JANEX INC
JOHN HENRY FOSTER MINNESOTA IN
JOHNSON, KAMARA
LAKE COUNTRY DOOR
LAMETTRYS COLLISION
LAN0 EQUIPMENT INC
LESCO INC
LOVEGREEN INDUSTRIAL SERVICES
MACQUEEN EQUIPMENT INC
MASTER CRAFT LABELS INC
MENARDS
METROPOLITAN COUNCIL ENVIRONME
METROPOLITAN FORD
MICHELAU, JOHN
MIDWEST ASPHALT CORPORATION
MINNCOMM PAGING
MINNESOTA PIPE AND EQUIPMENT*
MINNESOTA TROPHIES & GIFTS
MINNESOTA VIKINGS FOOD SERVICE
MINNETONKA GLASS & MIRROR
MN GIS/LIS
MTI DISTRIBUTING INC.
MUNICIPAL EMERGENCY SERVICES
NATIONAL WATERWORKS
NATURAL REFLECTIONS VI1 LLC
NORTH CENTRAL LABORATORIES
NORTHLAND BUSINESS SYSTEMS
PEARSON BROTHERS INC
PIONEER RIM &WHEEL CO
PLEHAL BLACKTOPPING INC
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
QUALITY FLOW SYSTEMS INC
RIGID HITCH INCORPORATED
RMR SERVICES INC
ROOT 0 MATIC
RUSSELL & MILLER INC
SAUGEN, ANNA
SCHARBER & SONS
SCHERER BROTHERS LUMBER CO
SCIENCE KIT & BOREAL LABORATOR
SHORT ELLIOTT HENDRICKSON INC
SM HENTGES & SONS INC
SNAP-ON TOOLS
SNELL MECHANICAL INC
SOFWARE HOUSE INTERNATIONAL I
SOUTHWEST LOCK & KEY
G & K SERVICES-MPLS INDUSTRIAL
MARTIN-MCALLISTER
Account Description
Other Contracted Services
Motor Fuels
Operating Supplies
Building Materials
Other Contracted Services
Equipment Repair & Maint
Cleaning Supplies
Operating Supplies
Repair & Maint. Supplies
Equipment Parts
Landscape MaterialslSupp
Equipment Parts
Design & Engineering
Motor Fuels
Chemicals
Software Maintenance
Other Contracted Services
Operating Supplies
Printing
Repair & Maint. Supplies
Building Materials
Operating Supplies
Equipment Parts
Improvement Contracts
Software Maintenance
Other Contracted Services
Repair & Maint. Supplies
Training Supplies
Cleaning Supplies
Equipment Repair & Maint
Other Contracted Services
Building Repair & Maint.
Equipment Repair & Maint
Equipment Parts
Landscape Materials/Supp
Building Repair & Maint.
Other Contracted Services
Employment Support Test
Fire Prevention Supplies
Operating Supplies
Waste Disposal
Equipment Parts
Other Contracted Services
Patching Asphalt
Pager & Cell Phone
Repair & Maint. Supplies
Operating Supplies
Employee Award
Operating Supplies
Conference Expense
Machinery & Equipment
Protective Clothing
Equipment Parts
Other Contracted Services
Operating Supplies
Office Supplies
Seal Coating
Equipment Parts
Other Contracted Services
Building Repair & Maint.
Operating Supplies
Other Contracted Services
Equipment Parts
Other Contracted Services
Equipment Repair & Maint
Operating Supplies
Other Contracted Services
Equipment Repair & Maint
Building Materials
Operating Supplies
Design & Engineering
Improvement Contracts
Small Tools
Repair & Maint. Supplies
Miscellaneous
Repair & Maint. Supplies 7a
Business Unit
Volleyball
Ice Arena
Prairie View Liquor Store
Park Maintenance
Volleyball
Fleet Services
Water Treatment Plant
Ice Arena
Water System Maintenance
Fleet Services
Park Maintenance
Fleet Services
Construction Fund
Fleet Services
Water Treatment Plant
Information Technology
Softball
Park Maintenance
Community Brochure
Park Maintenance
Park Maintenance
Water System Maintenance
Sewer System Maintenance
Charlson Area Construction
Information Technology
Water Meter Reading
Round Lake
Water Utility - General
Maintenance
Water Treatment Plant
Park Facilities
Fire Station #2
Fleet Services
Fleet Services
Water System Maintenance
Water Treatment Plant
Storm Drainage
Human Resources
Fire
Park Maintenance
Sewer Utility - General
Fleet Services
Softball
Street Maintenance
Sewer System Maintenance
Water System Maintenance
Fire
Human Resources
Ice Arena
Engineering
Park & Recreation
Fire
Water Meter Reading
Water Treatment Plant
Water System Maintenance
General
Street Maintenance
Fleet Services
Storm Drainage
City Center Operations
Park Maintenance
Sewer Liftstation
Fleet Services
Utility Improvement Fund
Maintenance
Den Road Liquor Store
Volleyball
Fleet Services
Street Maintenance
Environmental Education
Construction Fund
Charlson Area Construction
Water Treatment Plant
Ice Arena
Information Technology
Maintenance
Check t
123670
123671
123672
123673
123674
123675
123676
123677
123678
123679
123680
123681
123682
123683
123684
123685
123686
123687
123688
123689
123690
123691
123692
123693
123694
123695
123696
123697
123698
123699
123700
123701
123702
123703
123704
Amount
492
44,524
12
813
1,649
331
22
3,223
150
261
4,999
145
51 7
4,619
437
11,760
596
1,342
24,900
119
703
103
407
394
2,991
470
2,241
599
907
754
42
58
2,197
87
21 0
3,512,122
Vendor I Explanation
SOmEST SUBURBAN PUBLISHING-
SRF CONSULTING GROUP INC
STARTRIBUNE
STEMPF AUTOMOTIVE INDUSTRIES I
STREICHERS
SUBURBAN CHNROLET GEO
SUBURBAN PROPANE
SUMMIT ENVIROSOLUTIONS
SUN NEWSPAPERS
SUNSOURCE
SURVIVALINK CORP
SWEDLUNDS
SYSTEM CONTROL SERVICES
THYSSENKRUPP ELEVATOR
TKDA
TMI COATINGS INC
TRAFFIC CONTROL CORPORATION
TRANS ALARM INC
TRIMBLE NAVIGATION LIMITED
TWIN CITY OXYGEN CO
TWIN CITY SEED CO
UNIFORMS UNLIMITED
UNITED LABORATORIES
UNLIMITED SUPPLIES INC
VERNCO MAINTENANCE INC
VOSS LIGHTING
WATER SPECIALTY OF MN INC
WEST WELD
WHEELER LUMBER LLC
WM MUELLER AND SONS INC
WOLF CAMERA
WORM, SANDY
ZEP MANUFACTURING CO
ZIEGLER INC
ZOELLNER, MARK
Grand Total
Account Description
Employment Advertising
Design & Engineering
Misc Taxable
Equipment Parts
Clothing & Uniforms
Equipment Parts
Equipment Repair & Maint
Other Contracted Services
Legal Notices Publishing
Equipment Repair & Maint
Safety Supplies
Waste Disposal
Equipment Parts
Equipment Repair & Maint
Other Contracted Services
Building Repair & Maint.
Capital Under $2,000
Building Repair & Maint.
Computers
Lubricants & Additives
Improvements to Land
Clothing & Uniforms
Cleaning Supplies
Equipment Parts
Other Contracted Services
Equipment Repair & Maint
Chemicals
Building Materials
Machinery & Equipment
Repair & Maint. Supplies
Video & Photo Supplies
Improvements to Land
Equipment Repair & Maint
Equipment Repair & Maint
Other Contracted Services
Business Unit
Human Resources
Charlson Area Construction
Den Road Liquor Store
Fleet Services
Police
Fleet Services
Fleet Services
Utility Improvement Fund
City Clerk
Fleet Services
Fire
Outdoor Center
Water Treatment Plant
Maintenance
Water System Maintenance
Marketcenter Reservoir
Fleet Services
Water Treatment Plant
Capital Impr. / Maint. Fund
Fleet Services
Park Acquisition & Development
Fire
Water Treatment Plant
Fleet Services
Water Treatment Plant
Maintenance
Pool Maintenance
Miller Park
Park Acquisition & Development
Water System Maintenance
Assessing
Capital Impr. / Maint. Fund
Fleet Services
Water Treatment Plant
Softball
73
CITY COUNCIL AGENDA
SECTION Appointments
DATE:
September 16,2003
DEPARTMENT:
Scott Neal,
City Manager
I ITEM DESCRIPTION: I ITEMNO.: 1 m.A, Student Representatives to City Commissions
Requested Action:
Move to:
Appoint Chris Shea, Cole Johnson, and Rachel Giertz as Student Representatives
to the Parks, Recreation and Natural Resources Commission to terms beginning October 2003
through May 2004
Move to:
Appoint Kian Missaghi, Molly Moroski, and Jackie Beutell as Student Representatives
to the Human Rights and Diversity Commission to terms beginning October 2003 through May
2004
Move to:
Appoint Thomas Grant, John Buteyn, and Mackenzie Epping as Student Representatives
to the Heritage Preservation Commission to terms beginning October 2003 through May 2004
Move to:
Appoint Andrew Krause, Carly Hofstedt, and Evan Estrine as Student Representatives
to the Arts and Culture Commission to terms beginning October 2003 through May 2004
Synopsis:
The City Manager held a meeting with the staff liaisons to City Commissions to review and discuss the
applications. Recommendations were then made based on the students’ stated preferences and the quality
of their application. Twenty-four applications were received by the deadline at 4:30 p.m. on September
10, 2003. Three students are being recommended for each Commission, for a total of 12 student
appointments,
An orientation session will be held for the student representatives before they begin serving on their.
Commission, with all terms beginning in October 2003 and ending May 2004. The orientation will
include general information on the City Council as well as Commission structure and function. Based on
student representative recommendations from last year, the students’ terms were lengthened- and this
has taken effect with moving the starting month from November to October.
Background Information:
In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the
opportunity to serve on City Commissions as non-voting members. The program has grown and changed
over time to reflect modifications made to the City’s Commissions.