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City Council - 09/07/2004
AGENDA EDEN PRAIRIE CITY COUNCIL OPEN FORUM TUESDAY, SEPTEMBER 7,2004 CITY CENTER 6:45—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters I. OPEN FORUM A. ROGER SCHANUS AND KAREN HAKES B. STUART NOLAN AND NATHAN BERGELAND II. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 7,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman,and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER IL PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. UPDATE ON CITY'S MEET AND GREET PROGRAM V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,AUGUST 17,2004 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 17,2004 VII. CONSENT CALENDAR A. ADOPT RESOLUTION CERTIFYING PROPOSED 2005 PROPERTY TAX LEVY,ACCEPTING THE PROPOSED 2005 BUDGET,AND SETTING DATE(S)FOR TRUTH-IN-TAXATION HEARING(S) B. APPROVE AGREEMENT WITH J-III PROPERTIES ALLOWING CITY TO DEMOLISH STRUCTURES AT 18600 AND 18700 PIONEER TRAIL C. APPROVE AGREEMENT WITH EXCEL ENERGY FOR A TRANSMISSION LINE EASEMENT ASSOCIATED WITH CSAH 4/VALLEY VIEW ROAD INTERSECTION PROJECT,I.C. 96-5405 D. ADOPT RESOLUTION ORDERING A FEASIBILITY STUDY FOR STREET IMPROVEMENTS FOR PIONEER TRAIL,I.C. 04-5632 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR DESIGN AND CONSTRUCTION OF WELL#15,I.C. 04-5611 F. AUTHORIZE SUBMISSION OF PERMIT APPLICATION FOR WINTER USAGE OF THE LRT TRAIL CITY COUNCIL AGENDA September 7,2004 Page 2 G. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX FORFEIT LAND PARCEL II. CONSENT TO ASSIGNMENT OF AN AGREEMENT WITH THE CITY OF EDEN PRAIRIE FROM()WEST WIRELESS LLC TO VERIZON WIRELESS I. APPROVE GRADING/LAND ALTERATION PERMIT FOR LOT 2,BLOCK 1,BRYANT LAKE HEIGHTS J. ADOPT RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS RELATING TO SALE OF PROPERTY TO WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST VIII. PUBLIC HEARINGS/MEETINGS A. HILLTOP TOWN OFFICES by Arima L.L.C.Request for Planned Unit Development Concept Review 6.89 acres,Planned Unit Development District Review with waivers on 6.89 acres,Zoning District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres,and Preliminary Plat of 6.89 acres into 16 lots. Location: 7480 Flying Cloud Drive. (Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning Amendment, Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS&COMMISSIONS XIII. APPOINTMENTS A. ARTS& CULTURE COMMISSION XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Proposed Disposition of the Settlers West Undesignated Financial Contribution C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Hockey Rink Update CITY COUNCIL AGENDA September 7,2004 Page 3 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF IL REPORT OF CITY ATTORNEY 1. Closed Session to Discuss Litigation 2. Bryant Lake Subdivision XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: IV. MEMORANDUM To: Mayor and City Council 0 Through: Scott Neal, City Manager From: David Lindahl,Economic Development Manager Date: September 1,2004 Eden Prairie Subject: Business"Meet&Greet"Update The meet&greet program continues to be very-well received by the business community and is going strong.On September 7,2004,we plan to meet with representatives of Arrow Electronics, completing the 100th meeting since the first meeting with Deli Express September 11, 2002. The meetings started out primarily as an effort to strengthen the City's ties with the business community and to obtain feedback about City services.Now the program seems to have taken on a life of its own, and is creating a positive"buzz"throughout the business community. Often times when I cold-call a business for an appointment,theyhave alreadyheard about it and are veryreceptive r e, t si and open to participating. I am not always sure how they have heard, but the communication is resonating positively with many Eden Prairie r businesses. , A typical meeting lasts about 45 minutes,unless it includes a tour of a ,. ,,, facility.The meetings start with short formal introductions and a summary about why we are there. We then ask about their business . . . what they do,what they make, how long they have been in Eden L-R:City Manager Scott Neal,Mayor Prairie,how many employees they have,how their business is doing, Nancy Tyra-Lukens,Economic Development Manager Dave Lindahl,and etc. We also ask if they have had any contact with the City—how it Peter Van Nest,President--Bernatbn went. Hearing Aides Most of the feedback we receive about Eden Prairie—weather it's about the City, Schools, or the general quality of life . . . is very positive. We also receive a lot questions about various things happening in the li61?g ute community-road projects,new developments, etc. #:� Eden Prairie is fortunate in that we have a great quality of life,which ;; t• makes it an attractive place to do business. It is also vital to the City's 1 economic development efforts.Many business leaders point to this as being • i" `` the primary reason for initially locating here, and more importantly, for , I staying here. I_•: We have heard numerous times that Eden Prairie's reputation as a great community helps many companies attract quality workers from other L-R:Phil Young.EP City Council,Greg Olsen,General Manager,and Roger Hamilton,Vice President--Anchor Bank, July 13,2004,Meeting#88 competitive markets around the country, i.e., California,Arizona, etc. In terms of negative feedback,traffic congestion continues to be the most common issue mentioned at the meetings. Although Mayor Tyra-Lukens attends most of the meetings, �'� i all Council members participate in the program.The goal for - j ; -- ' e '" 2004 is to complete 40 meetings for a grand total of 120. ., .i x The 100 companies we will have met with as of September 7th account for over 16,000 workers, or over 25%of the total • 1 ` ' ' . ~, t work force in Eden Prairie ` '‘ * - Below is a list of the businesses we have met with so far, as Robert Clark-Vice President,General Casualty well as those scheduled in October. Insurance,June 12,2003,Meeting#58 Business Name Contact Date Empl. Business 1. Deli Express Tom Sween-CEO 9/11/02 300 Food Processing 2. Dry Steem Humidifier Roger Posh-President 9/16/02 130 Mfc Humidifiers 3. Lions Tap Bert Noterman-Owner 9/20/02 30 Restaurant 4. Mail Handling Systems Tom Silver/Wayne Cummings-Owners 9/20/02 250 Mail Handling 5. Liberty Property Trust Dave Jellison-Vice President 10/3/02 30 Commercial Real Estate 6. Survey and Ballot Systems Jon&Peter Westerhause-Owners 10/11/02 15 Survey/Ballot Services 7. Physical Electronics David Ring/Matt Tim-CEO/VP 10/21/02 90 Mfc Surface Analysis Inst 8. Burnofon Hearing Aids Peter Van Nest-President 10/22/02 76 Mfc Hearing Aids 9. Minnesota Vikings Steve Poppen-VP 10/29/02 150 Professional Football 10. Eaton Corporation David Adams/Scott Deakin -VP 10/30/02 487 Mfc Hydrolic Pumps 11. Sun Current Newspapers Gene Carr-CEO 11/1/02 60 News Publisher 12. CIMA Labs Dr.John Seibert-CEO 11/5/02 205 Mfc Prescription Products 13. AVI Systems Joe Stoebner -CEO 11/18/02 125 Audio Visual Systems 14. Celleration Kevin Nickels- CEO 11/18/02 10 Mfc Medical Devices 15. Notiva Mark Brandt/Paul Hanson -Founders 11/19/02 25 Trans Settlement Serv. 16. Lifetouch Paul Harmel-CEO 11/21/02 400 Photography/Pictures 17. Digital River Carter Hicks/AI Galgano-CFONP 12/3/02 460 Internet Mktg Solutions 18. Suprvalu Jeff Noddle(and staff)-CEO 12/9/02 900 Food Supplier 19. GE Fleet Services Kathy Marinello(and staff)-CEO 12/10/02 882 Fleet Leasing 20. JASC Software Kris Tufto-CEO 12/11/02 110 Digital Imaging Software 21. Rosemount Emerson Scott Anderson-VP/General Manager 12/12/02 1900 Flow Measure Devices 22. Augustine Medical John Thomas-President 12/17/02 230 Mfc Warm-Up Therapy 23. HDMG Jamie Heuton-Owner 12/20/02 13 Video Production Services 24. Prairie Adult Care Joanne Bartell-Owner 1/7/03 12 Adult Care Services 25. MTS Sidney Emerson-CEO 1/13/03 1100 Mechanical Testing 26. LSS Data Systems Stephanie Petersen(and staff)-CEO 1/21/03 85 Physician Billing Services 27. 27. A to Z Rental Jim and Jean Way-Owners 1/23/03 20 Rental Services 28 Stellent Vern Henzlik-CEO 1/28/03 130 Web Content Mgmt 29. Castle Ridge Care Scott Welter-Administrator 1/30/03 90 Nursing Home 30. Inlet medical Lee Jones-CEO 2/3/03 15 Laparoscopic Surg Instr. 31. Department 56 Susan Engle/Robert Rose-CEONP 2/5/03 100 Mfc Holiday Collectables 32. CH Robinnson John Wiehoff(and staff) -CEO 2/10/03 750 Third Party Logistics 33. PPT Vision Joe Christianson-CEO 2/11/03 70 Mfc.Vision Systems 34. Lifetime Fitness Bahram Akradi-CEO 2/12/03 300 Fitness 35. Farr Architects Ed Farr 2/18/03 9 Architects Business Name Contact Date Empl. Business 36. DLR Matt Johnson/Craig Anderson 2/21/03 49 Planning Company 37. Voyager Bank Steve Berg-VP/Tim Viere-Pres. 2/24/03 20 Bank 38. Lease Finance Group Dan Dryer-Pres. 2/27/03 10 Equipment 39. Suburban Chevrolet John Peifer-GM 3/4/03 130 Auto Dealer 40. Digi International Jon Nyland-VP 3/5/03 70 Computers 41. HTC Sharon Grossbach-Pres. 3/7/03 125 Educational Services 42. Ingenix Joyce Hansen-Senior VP 3/10/03 N/A Health Information 43. Compellent Technologies Phil Soran-CEO 3/12/03 10 Computer Storage 44. ONTRACK Ben Alan-Pres. 3/14/03 250 Computer 45. KMSP 9 Carol Rueppel-GM 3/17/03 200 Television Network 46. Esoterix Molecular Genetics Dave Olden-GM 3/19/03 13 Medical Lab 47. High Jump Software Chris Heim 3/24/03 176 Software 48. Micro Dynamics Dan Shay 3/28/03 238 Electronic Mfc.Service 49. Midwest Asphalt Blaine Johnson 3/31/03 125 Asphalt 50. ADC Telecom Rick Roscitt/Dorothy Elliot 4/2/03 750 Broadband 51. Metro Machine&Engineering Bob Midness/Owner 4/11/03 100 Equipment 52. ValuVision Gene McCaffrey/CEO 4/21/03 550 Infomercial 53. Elliot Aviation Joe Smith-VP GM 4/23/03 70 Aviation Service 54. SW Plastics Scott Thiss 4/30/03 100 Plastic Manufacturer 55. St.Paul Venture Capital Michael Gorman 5/12/03 33 VC Start ups 56. Marks Amoco Mark Namtdevdt 5/20/03 21 Gas Station 57. Stratysis Scott Crump 5/28/03 155 3D Printing 58. General Casualty Insurance Robert Clark-VP 6/12/03 200 General Insurance 59. Famous Daves Ken Stanecki-CEO 6/16/03 130 Rib Restaurant 60. Metro Printing Tom Jungles/Kurt Gonyea 6/17/03 130 Printing 61. Braas Company Dave Ward-President 7/8/03 25 Ind.Automation Products 62. Flagship(Wellbridge Fitness) Art Curtis-President 7/8/03 200 Fitness 63. Bisonnett Jim Bisonnett 7/15/03 45 Metal Finishing 64. Birchwood Labs Dan Brooks-President/CFO 7/29/03 90 Metal Finishing Products 65. Xiotech Ken Hendrickson-CEO 8/5/03 350 Computer Storage 66. Alterra Clare Bridge Eric Everson 8/26/03 20 Memory Care 67. Fafinski,Mark,&Johnson Bob Fafinski 8/28/03 8 Law Firm 68. Western Petroleum Co. James Emison-Owner 9/4/03 60 Petroleum Sales 69. Northwest Mutual Terence McTigue-Managing Director 9/9/03 11 Insurance 70. Amerisuites Barb Kodluboy 9/23/03 25 Hotel 71. Achieve Health Care Rich Giddings-President 10/1/03 160 Health Care Technologies 72. ATG Labs Julie Kinhara-President 10/9/03 107 Molecular Biology Services 73. Archivers Jann Olsten-CEO 10/15/03 50 Scrapbook Retail Store 74. Grace Church Bob Ricker-Senior Pastor 11/4/03 60 Church 75. Vanco Services Jeanne Spencer Rose 11/6/03 34 E-payment Solutions 76. Local Motion David Seeley 11/12/03 90 Moving Company 77. Hellmuth&Johnson David Hellmuth 11/18/03 40 Law Firm 78. Ken's Meats Ken Theisen 12/2/03 5 Butcher Shop 79. Cross Telecom Bob Coughlin 12/9/03 15 Integrated Voice Messaging 80. Master Craft Labels Jeff Erickson 12/16/0 3 Labels 81. North American Properties Jay Scott 3/30/04 7 Developer 82. Cambria Marty David/John Veldersdyk 3/19/04 50 Quartz Counter Tops 83. Windsor at Eden Prairie April Barkeim 3/22/04 12 Apartment Community 84. St.Andrews Rod Anderson 4/22/04 N/A Church 85. Hound Dog Pet Hotel Karen Jackson 4/29/04 12 Pet Boarding Facility 86. Land Rover Wayne Pisinski 6/10/04 Auto Dealer Business Name Contact Date Emu'. Business 87. Barnes and Noble Jo Gilbertson 6/15/04 100 Book Retailer 88. Anchor Bank Greg Olsen-VP 7/13/04 5 Bank 89. Bergin Autobody Aaren 7/15/04 12 Autobody Repair 90. Lariat Group Ed Flaherty 7/19/04 5 Real Estate Development 91. RJ Ahmann Rick Ahmann 7/22/04 60 Insurance 92. Coldwell Burnett Roland Smaagaard 7/29/04 160 Real Estate Services 93. Westwood Prof.Services Dennis Marhula 8/3/04 160 Engineers 94. Huber Funeral Paul Huber 8/4/04 5 Funeral Home 95. Foster Klima Doug Fink 8/10/04 110 Insurance/Financial Services 96. Walmart Bill Burgess 8/12/04 600 Discount Retailer 97. Sign Source Randy Herman 8/17/04 16 Sign Mfc. 98. M&I Bank David Nash-VP,Shannon Lee Bank Mgr 8/24/04 21 Bank 99. Olympic Hills Kevin Valento-GM 8/26/04 150 Golf Club 100. Arrow Electronics John Roeller-GM 9/7/04 Electronic Component Dist. 101. Fairview Clinic Amy Hauser 9/16/04 Medical Clinic 102. Cub Foods Jerry Anderson 9/23/04 Grocery Retailer 103. Golf Galaxy Randy Zanatta 9/27/04 Golf Equipment Retailer 104. Safe Lights John Golle 9/30/04 5 105. Facet Technology Jamie Retterath 10/5/04 106. CNS Marti Morfitt 10/13/04 50 Total Employment 16,169 ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 17,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Finance Manager Sue Kotchevar, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2005 BUDGET Finance Manager Sue Kotchevar presented an overview of the 2005 budget. She said Council will be asked to certify the levy at the September 7 Council Meeting,the annual Truth-in-Taxation Hearing will be held on December 6, and certification of the final Levy and adoption of the budget will take place at the December 21 Council Meeting. Specific budget goals include the following: • Align the budget with the strategic plan • Maintain service levels • Achieve reasonable debt impacts • Achieve a balanced budget without Market Value Homestead Credit(MVHC) revenue from the state • Support fleet maintenance and replacement • Plan and budget for construction of Fire Station#4 Kotchevar said no levy limits are in place for 2005 or 2006, and although MVHC will not be funded in 2005 the State has indicated it will be funded for 2006. General fund revenues are expected to increase from$31,513,000 in 2004 to $32,440,000 in 2005. This is a 2.9 percent increase. General fund expenditures will go from $28,214,000 in 2004 to $29,267,000 in 2005. This is a 3.7 percent increase. The debt levy will go from$1,975,000 to$1,915,000. The median value home is estimated at$310,100,which will result in a 10.5 percent taxable value increase for residences. Apartments will see a 7.3 percent taxable value increase and commercial property will see a 2.3 percent increase. Kotchevar said objectives for the utility enterprise are to maintain a financially stable rate structure,review rates every budget cycle, and to meet or exceed safe drinking water standards. The utility fund is expected to see a net increase in assets of 14 percent in 2005. Kotchevar said that the liquor enterprise fund is expected to transfer$759,000 to the CIP in 2005. Kotchevar asked Council if they wished to move the Truth-in-Taxation Hearing on December 6 to an earlier time, such as 5:30. Councilmember Young said it would be harder for him to make that time, but that he can arrange his schedule. He said 5:30 would probably be a more convenient time for staff. Mayor Tyra-Lukens suggested leaving it at 7:00, if it might be a problem for Young. Mosman suggested trying it at 5:30 this year,to see if more residents attend. It was agreed to move the hearing to 5:30 as a trial run this year. Tyra-Lukens asked about the maximum goal level for the utility fund. Public Works Director Gene Dietz said the goal is to maintain $1.5 million in net assets. He said since the last increase in rates,the unreserved balance has been growing and is now at 2.5 million in unreserved. Dietz noted there have been no sewer or water increases for five years. He said they probably won't need to request an increase for at least a couple of years. Dietz also noted the City collects between$160,000 and$200,000 per year in water surcharges. Councilmember Case noted that City Manager Scott Neal sent copies of the draft budget to the City's state legislators. He said this is a good practice. Neal said he will also send the draft budget to the press. Councilmember Butcher said the City seems to be in very good financial shape, considering some budget surprises from the state over the past couple of years. Council Chamber II. OPEN FORUM No one was scheduled to speak at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 17,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen,Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Parks&Recreation Director Bob Lambert was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Case added an item. Mosman added an item on Flying Cloud Airport and Tyra-Lukens added an item regarding the Eden Prairie Reads Program. Under Report of City Manager,Neal added an item regarding a prospective councilmember seminar to be held next week. MOTION: Case moved, seconded by Young to approve the agenda as published and amended.Motion carried 5-0. V. CENTERPOINT/1VIINNEGASCO PRESENTATION Neal introduced Connie Hargest, a Centerpoint/Minnegasco representative.He reported that the City has a program called Heartsafe Eden Prairie, coordinated through the Fire Department in partnership with the school district.He said the goal of the program is to increase the availability of automatic external defibulators in public buildings. He said the City has been awarded a Centerpoint/Minnegasco Community Partnership Program grant in the amount of $2,500 for its AED/Heartstafe program. Hargest presented a check for$2,500 to Fire Chief George Esbensen.Tyra-Lukens thanked Hargest for the substantial contribution to the program.Esbensen thanked Centerpoint/ Minnegasto and said the check represents the final amount needed for the$60,000 program. CITY COUNCIL MINUTES August 17,2004 Page 2 VI. DISTINGUISHED BUDGET PRESENTATION AWARD Tyra-Lukens announced that the Government Finance Officers Association's Distinguished Budget Presentation Award recognizes exemplary budget documentation by state and local governments, as well as public universities and colleges. She said program participants submit copies of their operating budgets for review and each budget document is evaluated using a comprehensive evaluation checklist and those judged proficient receive the award. She said this is Eden Prairie's seventh year in a row receiving this award, and thanked all staff, particularly Finance Director Sue Kochevar. Tyra-Lukens reported that tonight's meeting is the first time staff and councilmembers are using City- provided laptops during the meeting and it could cause short delays as users get used to finding documents on the laptops. She said the laptops are a result of a study to see if using paperless packets is a wise decision and it was discovered that money would be saved on collating and paper costs. VII. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 3,2004 MOTION: Mosman moved, seconded by Butcher to approve the minutes of the City Council meeting held Tuesday,August 3, 2004.Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard Homes. 2nd Reading for Planned Unit Development District Review and Zoning District Amendment in the RM6.5 District on 6.74 acres and Site Plan Review on 6.74 acres. Location Rolling Hills Road and Prairie Lakes Drive. (Ordinance No. 23-2004-PUD- 13-2004 for PUD District Review and Zoning Amendment,Resolution No.2004- 120 for Site Plan Change) C. EDENVALE HIGHLANDS by BC Development,LLC. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 10.62 acres. Location: East terminus of Alpine Trail, south of the Twin Cities and Western Railroad. (Ordinance No.24-2004 for Zoning District Change) D. ADOPT RESOLUTION NO.2004-121 APPROVING FINAL PLAT OF HARTFORD COMMONS 2"ADDITION E. ADOPT RESOLUTION 2004-122 APPROVING FINAL PLAT OF EDENVALE HIGHLANDS F. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACEMENT OF FILL AT 6891 BEACH ROAD CITY COUNCIL MINUTES August 17,2004 Page 3 G. PATTERSON PROPERTY by Dave Patterson. Request for Approval of Development Agreement. Location: 15340 Sunrise Circle West. H. ADOPT RESOLUTION NO.2004-123 APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENT,I.C.03-5606 I. AWARD CONTRACT FOR AERIAL TRUCK EQUIPMENT REPLACEMENT J. APPROVE AGREEMENT WITH AVI SYSTEMS FOR NEW CAMERAS AND MICROPHONES FOR THE COUNCIL CHAMBER K ADOPT RESOLUTION NO.2004-124 AMENDING RESOLUTION NO.2003- 172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES L. DESIGNATION OF EDEN PRAIRIE AS WAFTA LEAD AGENCY AND APPROVE SUBMITTAL OF FEDERAL EDA GRANT APPLICATION M. APPROVE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MAINTENANCE AND MONITORING OF SMITH DOUGLAS MORE HOUSE RAINWATER GARDEN,I.C.03-5595 N. APPROVE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF AUTOMATION AND CONTROL SYSTEMS FOR THE WATER UTILITY O. APPROVE PURCHASE OF THREE NEW TOP MOUNT RESCUE PUMPERS FROM E-ONE MANUFACTURING P. APPROVE LICENSE AGREEMENT FOR REAL LIFE COOPERATIVE GARDEN PLOTS ON CITY PROPERTY MOTION:Young moved, seconded by Case,to approve Items A-P of the Consent Calendar.Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS . A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS City Manager Scott Neal reported that official notice of this public hearing was published in the August 5,2004,Eden Prairie Sun Current.He said FEMA(Federal Emergency Management Agency)is requiring all Cities to adopt new flood plain maps and modifications to existing flood plain regulations.The Community Planning Board voted 5-0 to recommend approval of the code change at the July 12,2004,meeting. Neal said the new regulations and the existing regulations are similar for reviewing and CITY COUNCIL MINUTES August 17,2004 Page 4 obtaining permits for fill in the flood plain and the new ordinance includes the following: • New or amended definitions • Clarification of reasons for granting variances and non conformities • Notification requirements to the DNR and FEMA • Adopting, by reference, new flood plain maps Neal said the floodplain is in the same location on the new maps.He said the new maps show most of the City streets,which make it easier to determine if a lot is in the flood plain and the City needs to adopt the new regulations and maps in order for residents and businesses to be eligible for flood insurance. He said the second reading is scheduled under Petitions and Requests. There were no public comments. MOTION: Case moved, seconded by Mosman,to close the Public Hearing and approve 1st Reading of the Ordinance amending City Code Section 11.45 regarding Floodplain Regulations.Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENT IN HILLCREST COURT SECOND ADDITION,VACATION 04-08 (Resolution No.2004-125) City Manager Scott Neal said official notice of this public hearing was published in the July 23, 2004,Eden Prairie Sun Current and sent to one property owner.He said the property owner has requested this vacation to accommodate the construction of a deck which will encroach into the easement area. He said the Community Planning Board has authorized the issuance of a variance(2004-09) allowing encroachment into the setback area and the owner has applied for a Building Permit. There were no public comments. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt the resolution vacating the drainage and utility easement over part of Lot 15,Block 4,Hillcrest Courts Second Addition. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young,to approve the Payment of Claims.The motion was approved on a roll call vote with Butcher,Case,Mosman,Young and Tyra-Lukens voting` aye." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE NO.25-2004 AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS AND ADOPT RESOLUTION NO.2004-126 APPROVING SUMMARY ORDINANCE CITY COUNCIL MINUTES August 17,2004 Page 5 City Manager Scott Neal said this is the second reading of the ordinance that had its public hearing minutes ago.He said this is the adoption of the summary ordinance and new floodplain regulations and a majority vote is needed. MOTION: Young moved, seconded by Mosman,to approve 2"J Reading of the Floodplain Ordinance; and adopt Resolution approving the Ordinance Summary.Motion carried 5-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disc Golf—Councilmember Case Case asked if staff could explore whether or not there are plans to expand the disc golf course at Staring Park or if there are plans to construct a course anywhere else.Butcher said there are two disc golf courses at Bryant Lake Park and another one on Shady Oak Road.Neal said staff will address the question. 2. Flying Cloud Airport—Councimember Mosman Mosman reported that the Flying Cloud Airport issue was resolved by the council. She said an agreement was reached and the final EIS comment period ended today. She said the agreement has weight-bearing restrictions,limits nighttime maintenance and keeps the character general rather than that of a large airport. She said she wanted to notify citizens of where we are at this point,what was responded to and what can be responded to and if there are any other concerns. She said Senior Planner Scott Kipp is here to provide comments and she also asked Rosow to reiterate where we are at this point. Rosow said through a long process, an agreement was reached with Metropolitan Airports Commission.He said there was a Memorandum of Understanding that led to a final agreement with respect to the expansion of the airport,and in return for a number of items the City agreed to drop its opposition to the expansion of the airport.He said in doing that,the City reserved the right to continue to comment on the draft EIS and final EIS with respect to matters of environmental concerns and that is the gist of what Kipp will speak about. CITY COUNCIL MINUTES August 17,2004 Page 6 Rosow said the City also reached agreement with the MAC on another memorandum of understanding with respect to certain infrastructure improvements in the southwest area next to the airport. Tyra-Lukens asked if the letter, dated August 16, 2004 from City Manager Scott Neal to Bridget Rief of MAC,was faxed to MAC.Neal said it was hand delivered yesterday.Neal said staff did not have a chance to bring this document to the Council for approval until today because comments were due today, and it is being brought to this meeting for discussion and to see if the council is in support of it. Case asked Rosow to comment on what it means now for the council to respond to the EIS and if MAC has to react to the comments.Rosow said there are many people commenting on the final EIS and the comments would be reviewed to decide if any would require a substantive change in the EIS.He said in this letter,we are reiterating items that were raised before that we believe were not fully addressed.He said without opposing the expansion,the City could still pursue,through the administrative process, adequate addressing of its environmental concerns. Case asked if we are free to express grave concern that circumstances appear to the greatly altered from what we were led to believe at the time was the necessity of expanding this airport.Rosow said he thinks you can fairly state that comment, and as a city you have committed that you will not through actions or inactions actively oppose the expansion.He said as a City Council you will not take action to do that and you will not direct staff, directly or indirectly, to take action to oppose the expansion. He said the City specifically reserved in that agreement,the right of individuals to express their own opinions, so each Councilmember as a citizen of the community has the right to express their opinion and take action on that opinion.Rosow said likewise any staff member on his or her own time can do the same. Kipp stated that his comments are strictly on the environmental aspects of the EIS process.He said a letter with the original set of comments was sent in February of 2000 and covered the myriad of issues beyond just environmental issues and that letter was incorporated into the final EIS with various changes to the EIS as a result of that letter and all letters that have been received since the draft EIS went out. He said all that information will continue to move on to Washington for their review as part of any record of decision. Kipp said basically comments focus on air quality.He said there were concerns about the location of the CO receptors and it is believed that one of the receptors should be located at the approach end of runway 9 right where the majority of takeoffs and landings occur. CITY COUNCIL MINUTES August 17,2004 Page 7 Kipp said another point is on operational forecast and runway use because the original EIS had a number of operations proposed on the south runway and it struck the city as odd that everybody would go to the south runway so it was raised as an issue.He said the U.S. Fish and Wildlife raised the issue of overflights of the refuge.He said as the result of that,the supplemental draft came out with a shift in runway use patterns and number of operations.Kipp said in looking at that supplement and the final draft EIS, it is felt that MAC does not provide the factual data that substantiates those changes. Kipp said throughout the various documents, different noise models have been used. He said there are different versions of the Integrated Noise Model and the final EIS needs to explain the difference between versions and why different versions were used. He said the final EIS does not include the use of a 20-foot berm to screen the proposed new hangar area.He said MAC indicated that it was no longer in the plan and this is a big concern. He said it could've been an oversight,but there needs to be clarification on that and if it is indeed coming out, it needs to be put back in. Kipp said there is also concern about the shifting 1200 feet of the approach lighting system.He said the city asked for grading profiles to determine the impact of this shift on the wooded hillside to the west of Spring Road.He said MAC indicated there would be no visual impact but as a result of the supplemental draft and final draft EIS it does show that the top 20 feet of that is coming down to allow lights to go up to that point.Kipp said there is concern about the spill of the strobe lights during inclement weather. He said MAC should take a closer look at the 38 septic systems and determine whether they failed and if sewer needs to be brought in right away or if it can wait a year.He said the existing systems need to be looked at now to determine whether it will need to take place sooner because it will take a two-year period for users to connect to the system. Kipp said there is also a question on number of underground storage tanks removed.He said records indicate 31 removed, but Table U-8 of the final EIS lists all 36 removed. Kipp said after this comment period ends today, any substantive comments would be added into the EIS and they may respond to them in the EIS.He said then the document will go to the EQB for determination whether or not it's adequate,then to the FAA for review and determination of whether or not it's environmentally sound and it's something that should go forward.Kipp said the review process could take up to six months.He said MAC's capital improvement plan following this EIS process has shown the airport expansion beginning in 2005 and going into 2006. CITY COUNCIL MINUTES August 17,2004 Page 8 Tyra-Lukens said she was stunned that in solid and hazardous waste areas, septic systems were merely identified and there was no analysis.Kipp said the RGU has the authority to review the impacts as they see fit and it's the regulatory government unit,in this case MAC,to decide whether or not they've adequately covered it.He said that is the specific reason that residents of the city asks that MAC allow the Environmental Quality Board to determine adequacy. Case asked if sewer and water runs into the airport,will owners of septic systems be mandated to hook up to city sewer and water.Kipp said as part of that hookup,they will be required through their pollution control plan to abandon and properly seal septic systems and wells.Kipp said part of the sewer and water issue is that MAC is also planning to create plane wash areas. Mosman asked how many acres are encompassed on the airport property and is there more land still needed for the expansion. She also asked what types of planes will be allowed to use the expanded airport.Kipp said acreage prior to the beginning of the project was approximately 560 acres, and with the expansion 720-740 acres.He said MAC has acquired the majority of the property they said they would acquire,but there is approximately 12 acres on the west side of the airport that is privately owned.Kipp said one of the advantages to having that amount of acreage is that noise will fall on open grounds and the airport will meet the state runway safety zone criteria. Kipp said there will still be corporate aviation planes and small planes with private pilots.He said as part of the agreement, Ordinance 97 permits aircraft under 60,000 pounds certified maximum takeoff weight.He said it also prohibits nighttime maintenance runups.He said as part of the final agreement, there is a runway weight bearing capacity limit of 60,000 pounds.He said they will also not ask for any part 139 certificate needed for air carrier operations such as terminals and fire fighting services used for scheduled passenger service.Kipp said based on commitments within that agreement,they have also indicated that major air cargo operations would not use Flying Cloud Airport. Kipp said there has been change in FAA rules to allow corporations to share the ownership of an aircraft and there is a large increase in number of aircraft sales because of that.He said that factors into the total number of aircraft coming to the airport with the expansion and based on the forecast.He said the FAA also looks at the economic condition and timing of infrastructure improvements. Case asked Neal to share comments about a meeting he had with NATA lobbyists.Neal said he was invited to attend the meeting at the Chamber of Commerce for a presentation and discussion with a representative from the National Air Transportation Association.He said the purpose of the meeting was to give information to chamber members about the importance and economic value of the airport from the point of view of the association.He said CITY COUNCIL MINUTES August 17,2004 Page 9 during the meeting he was asked if he thought the city council could advocate for the development of the airport along with the chamber.Neal said he responded it was very unlikely given the city's recent agreement with MAC. Case said as a council, it was agreed to not contest the expansion in exchange for what the council felt were certain guarantees of some sense of quality of life for citizens.He said no one should mistake the council's consent not to contest with support today for that expansion. He said personally,he would prefer that the airport not to be there and certainly not to expand.He said he does not want to have the city in any way be perceived as going to MAC to encourage them to expand because that was not the intent when the council simply agreed not to contest the expansion. Mosman said she agreed with case and the council's job has been to protect the best interest of the residents with respect to restrictions. She asked if the FAA might consider lifting restrictions and allow more than is allowable on a runway. Kipp said he has not heard anything more. He said the FAA proposal to amend the policy that allows airports that have runway weight bearing or noise abatement limitations on aircraft to allow heavier aircraft to land on runways with a capacity limitation.He said in the EIS, MAC is indicating that the FAA is in support of the proposal of the final agreement with the City of Eden Prairie, and we will see if there is any change in that direction when the proposal goes to the FAA.He said Rosow might be able to talk more about the policy and its implications. Rosow said the city's agreement with MAC calls for a specific weight limit and he would expect MAC to abide by that agreement and vigorously defend that agreement and enforce it as it was written. Young commented that the whole issue at the airport is more complicated than much of the discussion in this community and at least at the council level or the press or interest groups.He said there are complications to having an airport in a community and he feels the council is falling prey to some of the rhetoric that he has heard over the years.He said it is a complicated issue that does not lend itself to some of the very broad generalizations about the drawbacks of having an airport. Case said the idea that a ten-fold increase in jet traffic is in some way not impacting the quality of life is absurd. He said he feels that what the council is hearing from some members of the chamber who are really airport businesses is there is a financial component that is benefit to the city, and he does not think that financial component ever will mitigate negative impacts of a higher use of that airport. Case said we have agreed to not to contest that it can expand and that higher use could occur,but we should not be on the side of lobbying for that expansion. Case said he will not lobby for something that will have a negative impact on most of the residents' quality of life in the city. CITY COUNCIL MINUTES August 17,2004 Page 10 Butcher said she agrees the issue is complex and historically the city has taken the position of not supporting an expansion no matter what the composition of the council is. She said there are many different perspectives on this and the business community does believe there is value to it and it is not going away. She said she believes this is the issue that has taken more discussion time on the council than she has ever seen, but the council is trying to get the best possible solution to knowing the airport will always be there and trying to protect the residents there. She said the council has always believed the airport needs to be upgraded in terms of the aesthetic appeal in that part of Eden Prairie. 3. Community Read Program—Mayor Tyra-Lukens Tyra-Lukens reported that the community is undergoing a Community Read Program where the Council selects one book for the community to read with the hopes that by drawing attention to the book it would stimulate community discussion and a sense of community togetherness and collaboration and encourage reading. She said the first book is Neither Wolf Nor Dog and gave copies to Councilmembers. Tyra-Lukens said the author will be coming to Eden Prairie to discuss the book Monday, October 25 at 7 p.m. at St.Andrew's Church. She said the goal is to have 3,000 community members read the book. 4. Council Candidate Information Session—City Manager Scott Neal Neal reported on an event that he and department directors will be hosting next week. He said on Wednesday,August 25 at 5 p.m. in the council chambers there will be a brief informational session for prospective City Councilmembers.He said citizens interested in serving on the Council can learn about some of the things they may be facing which may help them decide if they want to go forward.Neal said there will be an additional meeting for those who actually file, but the intent of this is to catch those interested early in the filing period to acquaint them with what they might be facing. Tyra-Lukens said she thinks the work with the laptops has gone pretty well and she appreciates that this was a pretty simple meeting. She said if people are interested in the cost saving aspects of this endeavor,they can go the the City Manager's web log,they can see how much paper and time has been saved as a result of using the laptops. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES August 17,2004 Page 11 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:00 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7,2004 ITEM DESCRIPTION: DEPARTMENT/DIVISION: Resolution certifying proposed 2005 property tax ITEM NO.: VII. A. Office of the City Manager/ levy, accepting the proposed 2005 budget, and Finance, Sue Kotchevar setting date(s) for Truth-in-Taxation hearing(s) Requested Action Move to: Adopt the resolution that: • Certifies the proposed 2005 net property tax levy to be$26,976,039; and • Sets the "Truth-in-Taxation" public hearing for Monday, December 6, 2004 and, if necessary,to reconvene the public hearing on Tuesday,December 14, 2004; and • Accepts the proposed 2005 budget of $32,440,445 as reviewed by the Council on August 17,2004. Background Information Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition,the City Council must accept a proposed budget for the coming year. The City must also set a date for the"Truth-in-Taxation"hearing and a date to reconvene it(if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts.Because they get to set their dates before we do,there are a very limited number of dates available. The dates of December 6 and December 14 are the most feasible for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 21. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2005 PROPERTY TAX LEVIES AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2005 WHEREAS,the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2005 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW,THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2004 budget. Levy on Tax Capacity $26,331,039 Levy on Market Value 645,000 Total LEVY $26,976,039 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2005. 2. Accepts the 2005 proposed levy of$26,976,039 and proposed budget totaling$32,440,445 at this time. ADOPTED by the City Council on September 7, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VII.B. Kevin Schmieg Approve Agreement to demolish Fire/Inspections structures at 18600 and 18700 Pioneer Trail to Remove Hazardous Conditions and Payment of Special Assessments Requested Action Move to: Approve agreement with J-III Properties for payment of special assessments and allowing the City to demolish structures at 18600 and 18700 Pioneer Trail to remove hazardous conditions. Synopsis This special assessment agreement is the result of negotiations with the property owner to demolish all structures at 18600 and 18700 Pioneer Trail. The owner has agreed to permit the City to demolish the structures in conformance with Minnesota Statutes Chapter 463 with all costs assessed to the properties. Background Information The structures located at 18600 and 18700 Pioneer Trail are in a state of disrepair and as such constitute hazardous buildings. The owner,JIII Properties,has agreed to allow the City to demolish all of the structures with all costs for the demolition being assessed to the aforementioned properties. Attachments • Agreement to Remove Hazardous Conditions and Payment of Special Assessments AGREEMENT TO REMOVE HAZARDOUS CONDITIONS AND PAYMENT OF SPECIAL ASSESSMENTS THIS IS AN AGREEMENT made this day of June, 2004 between the City of Eden Prairie, a municipal corporation, (the "City"), and J-III Properties, a Minnesota Partnership and State Bank of Chanhassen(the "Owner"). A. The Owner holds legal and equitable title to property located at 18600 Pioneer Trail,Eden Prairie,Minnesota, and legally described as follows: That part of Government Lot 1, Section 30, Township 116, Range 22, described as beginning at the Northeast corner of said Government Lot 1; thence on an assumed bearing of North 89 degrees 59 minutes 26 seconds West along the North line of said Government Lot 1 a distance of 667.89 feet to the intersection with the Southeasterly right-of-way line of the Chicago and Northwestern Railroad; thence South 43 degrees 59 minutes 20 seconds West along said railroad right-of-way a distance of 577.92 feet; thence South 45 degrees 45 minutes 53 seconds East a distance of 269.78 feet to the center line of County Road No. 1;thence Northeasterly along said center line to the intersection with the East Iine of said Government Lot 1; thence North along said East line a distance of 66.14 feet to the point of beginning, lying Southwesterly of a line described as follows: Beginning at the intersection of the North line of said Government Lot 1, and the Southeasterly right-of-way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government Lot 1, has bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1,and there terminating. B. The Owner holds legal and equitable title to property located at 18700 Pioneer Trail,Eden Prairie,Minnesota,and legally described as follows: That part of Government Lots 1 and 2 and that part of the Southeast Quarter of the Northwest Quarter, all in Section 30, Township 116,Range 22 described as: Commencing at the intersection of the North line of said Government Lot 1 with the center line of the Chicago & Northwestern Railway right-of-way as described in Book 554 of Deeds, page 293, Document No. 351456;thence on an assumed bearing of South 43 degrees 59 minutes 20 seconds West along the center line of said railway right-of- way a distance of 1383.65 feet; thence South 62 degrees 5 minutes 26 1 seconds East a distance of 78.06 feet to the intersection with a line 75 feet Southeasterly of, measured at a right angle to and parallel with the above described center line, said intersection being at the point of beginning of the land to be described;thence continuing South 62 degrees 5 minutes 26 seconds East a distance of 425.05 feet to the Northwesterly right-of-way line of County Road No. 1 as shown on Hennepin County Highway Plat No. 6 recorded in Book 70 of Hennepin County Records, page 3837760; thence Northeasterly along the Northwesterly right-of-way line of said road to the intersection with a line which bears South 45 degrees 45 minutes 53 seconds East from a point on the Southeasterly right-of-way line of said railway distant 577.92 feet Southwesterly from the North line of said Government Lot 1 as measured along said Southeasterly right-of- way line; thence North 45 degrees 45 minutes 53 seconds West a distance of 211.6 feet to the intersection with a line 75 feet Southeasterly of, measured at a right angle to and parallel with the center line of said railway; thence Southwesterly along said parallel line to the point of beginning. C. The property described in Paragraphs A and B is hereinafter referred to as the "Property." D. The parties desire to remove all structures located on the Property. E. The parties hereto desire to enter into an agreement concerning the removal of the hazardous conditions and the financing of the removal and other matters, all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED AS FOLLOWS: 1. The Owner consents to the City removing all structures from the Property and agrees that the City may assess the entire costs against the Property in five(5) equal annual installments with interest thereon at 8%per annum. 2. The Owner acknowledges that the Property does benefit from the removal of 2 hazardous conditions and the Owner consents to the levying of assessments against the Property for the removal of hazardous condition in the amounts set forth below. 3. The total special assessments to be levied against the Property on account of the removal of hazardous conditions are$32,000.00. 4. The Owner waives any notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 5. The Owner waives all rights it has by virtue of Minnesota Statute §429.081 or Minnesota Statute §§ 463.15 et seq., otherwise to object to or challenge the amount or validity of the assessments, or the procedures used by the City and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the removal of hazardous conditions on the property and the imposition or levying of the assessments. 6. Special assessments levied against the Property shall be due and payable in five (5) annual installments, the first of which shall be payable commencing with the ad valorem taxes due and payable in 2005. 7. This agreement shall be effective immediately. 3 CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By Nancy Tyra-Lukens,Mayor By Scott H.Neal,City Manager I, ,the of,J-III Properties,a Minnesota Partnership having read the foregoing Agreement and understanding the terms of the Agreement set forth therein and being knowledgeable of the facts of this matter and the Owner's legal rights in regard thereto,hereby acknowledge the Owner's consent and acceptance of said Agreement. J-III Properties a Minnesota Partnership By Its 4 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by Nancy Tyra-Lukens and Scott H.Neal,the Mayor and City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004, by and ,the and , respectively of J-III Properties a Minnesota Partnership, on behalf of the partnership. Notary Public 5 This Document was drafted by: Gregerson,Rosow, Johnson&Nilan Ltd. 1600 Park Building 650 Third Ave. South Minneapolis,MN 55402 P:\Home\EP\HAZBLDG\AGREEMENT RE CONSENT TO REMOVE HAZARDOUS CONDITIONS AND SPECIAL ASSESSMENTS.wpd 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Rodney W. Rue, Approve Easement Agreement with Public Works/Engineering Xcel Energy for the CSAH 4/Valley View Road Project, I.C. 96-5405 Requested Action Move to: Approve easement agreement with Xcel Energy for a transmission line easement associated with the CSAH 4/Valley View Road intersection project. Synopsis This easement agreement is for a stub pole and anchor wire easement on the fire station property associated with the relocation of the electrical transmission lines along the north side of Valley View Road(east of CSAH 4). This stub pole and anchor wires provide support for the new transmission pole being relocated at the northeast corner of CSAH 4 and Valley View Road. There is an existing stub pole and anchor wires on the fire station property located between Valley View Road and the sidewalk. The new location for the stub pole and anchor wires is north of the existing sidewalk. This agreement replaces an existing easement agreement on the fire station property. The existing easement(for the existing stub pole and anchor wires)will be rescinded after execution and recording of the new easement agreement. Attachments Easement Agreement with attached drawing EASEMENT KNOW ALL BY THESE PRESENTS, that the undersigned, hereinafter called "Grantor", in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, (hereinafter called "NSP"), does hereby grant unto NSP, its successors and assigns,the perpetual right,privilege and easement to construct, operate,maintain,use,rebuild,or remove electric transmission lines with all,poles, crossarms, cables,wires, guys, supports, fixtures, and devices used or useful in the operation, maintenance and use of said lines through, over,under and across the following described lands situated in the County of Hennepin State of Minnesota,to-wit: That part of the Northeast Quarter of Section 8, Township 116 North, Range 22 West, Hennepin County,Minnesota,described as follows: Commencing at the East Quarter Corner of said Section 8;thence on an assumed bearing of West along the South line of said Northeast Quarter 1416.07 feet to a point on the West right of way line of C.S.A.H. No. 4 according to the recorded plat thereof, said point being the actual point of beginning of the Tract to be described; thence continuing West on said South line of the Northeast Quarter 250.00 feet;thence North 3 degrees 9 minutes 55 seconds West parallel with said West right of way line of C.S.A.H.No. 4 a distance of 400.00 feet; thence on a bearing of East parallel with said South line of the Northeast Quarter 250.00 feet to said West right of way line of C.S.A.H.No. 4; thence South 3 degrees 9 minutes 55 seconds East along said West right of way line of C.S.A.H. No.4 a distance of 400.00 feet to the actual point of beginning. Except for the right of access,the rights granted herein shall be limited to one anchor tract that lies within a 20 foot wide strip of land being 10 feet on each side of the following described centerline. Commencing at the southeast corner of the Northeast Quarter of Section 8 Township 116 Range 22; thence North 00 degrees 51 minutes 57 seconds West(assumed bearing) along the East line of said Northeast Quarter of Section 8 a distance of 28.62 feet; thence North 87 degrees 56 minutes 24 seconds West a distance of 299.44 feet; thence North 87 degrees 48 minutes 24 seconds West a distance of 271.53 feet; thence North 87 degrees 39 minutes 34 seconds West a distance of 297.53 feet; thence North 85 degrees 09 minutes 23 seconds West a distance of 261.50 feet; thence North 84 degrees 41 minutes 30 seconds West a distance of 200.51 feet; thence North 84 degrees 25 minutes 24 seconds West a distance of 127.19 feet to the point of beginning of the centerline to be described; thence North 84 degrees 34 minutes 16 seconds West a distance of 50.00 feet and there centerline terminating. Page 1 of 3 Line: 0734 Location:R 22W. 116T 8 N.00 Grantor: City of Eden Prairie (hereinafter referred to as"Easement Area"). The rights granted herein may be exercised at any time subsequent to the execution of this document. The grant herein contained shall also include the right to erect,at any time prior to the construction of the said transmission lines, reasonable signs for the purpose of monumenting the boundaries of the Easement Area easement. Said transmission lines and supporting structures from time to time may be reconstructed or relocated on said Easement Area with changed dimensions and to operate at different voltages. The grant of easement herein contained shall also include the right of reasonable access by NSP to said Easement Area across the property of Grantor adjacent thereto,said access to be designated by Grantor within a reasonable time upon request by NSP. The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines and shall also include the right to remove from said Easement Area any structures, trees (including branches of trees overhanging said Easement Area) or objects,except fences,which in the opinion of NSP will interfere with said transmission lines. The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said transmission lines. Grantor reserves the right to cultivate, use and occupy said Easement Area, except that, Grantor shall not erect any structures or other objects, permanent or temporary, except fences, thereon. Grantor further agrees that he will not perform any act which will interfere with or endanger said transmission lines and further, shall not plant any trees upon said Easement Area without the prior expressed written approval from NSP. Grantor also reserves the right to dedicate and have or permit to be improved,maintained, and used for the purposes of streets, curbs and gutters, sewers, water and underground utilities (hereinafter called "improvements"), the portion of said Easement Area not occupied by the structures supporting Northern States Power Company's electric transmission system, provided that said improvements do not alter the existing ground elevations, nor do they impair the structural or electrical integrity of said transmission system; and provided further that all such improvements shall not result in a ground clearance of less than the minimum requirements specified by the National Electrical Safety Code. NSP shall pay for all damages to landscaping, roads and driveways, and fences, caused by the construction or maintenance of said transmission lines. Claims on account of such damages may be referred to NSP's nearest office. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The rights herein granted are subject to existing rights of way for highways, roads, railroads, pipelines, canals, laterals, ditches or other electric transmission lines and telegraph and telephone lines heretofore granted across any part of the lands affected by this instrument. Page 2 of 3 Line: 0734 Location:R 22W. 116T 8 N.00 Grantor: City of Eden Prairie The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the transmission lines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF,the undersigned has caused this instrument to be duly executed as of the day of ,2004. CITY OF EDEN PRAIRIE Mayor City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by ,its Mayor, on behalf of the NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004, by , its City Manager,on behalf of the NOTARY PUBLIC This instrument was drafted by SDJ Northern States Power Company 414 Nicollet Mall Minneapolis,MN 55401 Page 3 of 3 Line: 0734 Location:R 22\'V, 116T 8 N.00 Grantor: City of Eden Prairie OEM Ol J 1 K w1 III ZWt�N _ is QI N 15 Op.� 0� V C I !J ZPI CV 'N911'1'9 N9T4 a1 Il 99 3NIl 1 V3 •6 1 z, i 1i , _;o iN cc' i E ' I a i i z h 24 1 V O cern Z 2 W N X, Cg z 2 W O 2 a tr 2i i z Qy a w 0 N m 1 N �'{ UZ Z J W J oo ii I- m w w z -• 6U 2 ~ T ¢ cp iAr ! .� m OZWaa. U m m Z w m in a`•1." A-. to J 3L,5. w — O N v U m . tam ,t,J M NNW x< n MN. U. Z 1'1y_i 2M -0L M lry{CC_Z Wz w_ WQ,'_1 2d' m .1 1 �' J mw h ZW-1 3m 1- t J�Z <m WM O' ) T 2 r r •rrL'I / V.. i v F .4 WN ofl- W .z MN y I��r / s' i N (1:OQ Qm UM TQ-MO w� w v" 3 t i m d' Waa AQ >.Y UMw F-•O m mow Ow a0 O1L ZF- - N. ry,a_ ! •C O OWO OJ Oo 000 QQ r `1r mN 1 J 3 WNW UW MM =Mt7 JO Y �yf tN'I ©tn 1 I�r N 1 i i I •t.r I i • w rN 1 N,_i-I 5% alb- Ym ii•.�IiF� mN �1 i Z.nr =' i � i -a N 91'25'5l'W 9 FF i : ...1.. '_t�—_._.._.._.. _._._.. —.._._.. 2 )5. F7 ' - 232.G 7-• _ rCEfii�LfNEE Vi Na.f PE{t iffiRffPW - ,� I / C9T FIIGliY1,Y PLAT ibJ _-+ z. I � �� Tw.� i tY.cagfYQ9 TT0111EtEM11 TA% 3 y'., i , r Ne.i6'f1127,RECI ILIT fi.l'1 5 ta. Q! ��r� t�I i al i`r ��yttMW a.i .� UmP B i . f• I t.I d2< Mi . I r CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII D. Mary Krause, Adopt Ordering Feasibility Study for Public Works/Engineering Street Improvements for Pioneer Trail, I.C. 04-5632 Requested Action Move to: Adopt Resolution ordering a feasibility study for street improvements for Pioneer Trail. Synopsis The attached petition comes as a result of the recently approved Flying Cloud project that abuts Pioneer Trail. Pioneer Trail is a looped city street that takes access to CSAH#1 (Pioneer Trail) at both its east and west termination points. The petition submitted represents less than 35%of the abutting properties as required by Minnesota State Statute 429 to be considered a"valid petition." The project can move forward only with Council action of a 4/5 vote. Background Information Pioneer Trail is currently a paved bituminous street in poor condition that does not have concrete curb and gutter or a storm sewer system. The pavement management system that is utilized to assist in assessing the pavement conditions of the City street system has identified this street as a candidate for reconstruction. The feasibility study will determine the anticipated costs of the project and how those costs may be assessed to the adjacent benefiting properties. Attachments • Resolution • Petition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION ORDERING FEASIBILITY REPORT WHEREAS it is proposed to make the following improvements: I.C. 04-5632 Public Improvements to Pioneer Trail and assess the benefited property for all or a portion of the cost of the improvements, pursuant to M.S.A.429.011 to 429.111. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of HTPO and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on September 7,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk CITY OF EDEN PRAIRIE, NIINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvement(s): (General Location) Sanitary Sewer Pioneer Trail (north of CSAH#1) Watermain X Storm Sewer X Street Paving X Trail Street Address of Other Legal Description of Signatures of Petitioners Property to be Served (Must Be lkoperty Owners). 130Yc wtansELS Tira 14-1 �-- 13o y0 AiE€J2 C)J _ L3 io �� PtopEc✓L ‘2.0.1L (For City Use) Date Received Project No. Council Consideration CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Eugene A.Dietz,Director of Approve Professional Services Public Works Agreement with TKDA for Construction of Well#15, I.C. 04-5611 Requested Action Move to: • Approve professional services agreement with TKDA for design and construction of Well#15 in the amount of$59,900. Synopsis This consultant contract will provide for the design and construction administration for new water supply well number 15. The City has 13 existing wells (unique well number I was abandoned as part of the construction of TH312). Although the Water Treatment Plant has a design capacity of 28 Million Gallons per Day(MGD),the existing 13 wells provide a firm capacity of approximately 22-24 MGD. The new well will add approximately 2 MGD. Staff has staged the construction of the wells to correspond to increased demand with a goal of bringing additional facilities on line"just in time". Our system has experienced daily demands exceeding 22 MGD twice in the past 5 years. The additional well is now needed. Background Information Ultimately,we need a capacity of approximately 30 MGD from our well field (a firm capacity equal to our plant capacity @ 28 MGD,with one well out of service). Winter demand is approximately 6 MGD, but seasonal demands during dry-hot weather has resulted in peak demands over 22 MGD twice and approaching 20 MGD two additional years in the past 5. Staff has recently received a verbal commitment from Eaton to place a new well at the southwest corner of the"old Cooperative Power Association"building site,now the office facilities for the Eaton Corporation. Although the easements have not been executed, it is appropriate to begin the design phase of the project. The contract will actually be bid in two phases—the first for the bore hole and the second for the well house and equipment. We hope to have the facility available by late next summer. Staff may recommend that an additional well be started early next year to build a larger cushion between supply and demand. Funding will be from the Enterprise Capital Fund. Attachments TKDA Agreement CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subcontractors or consultants. Not Applicable 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or SECTION 4: FEE PAYMENT/CLAIMS coordinate work or Project Information as requested by Consultant. 4.1 Consultant will submit invoices to City monthly,and a final invoice upon completion of work. Invoices will show charges 1.4 Consultant will not be liable for any decision,conclusion, based on the current Consultant Fee Schedule or other documents recommendations, judgement or advice based on any as attached. inaccurate information furnished by City, or other subcontractors or consultants engaged by City. 4.2 To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare SECTION 2: SITE LOCATION,ACCESS,PERMITS, under penalty of perjury that this account,claim,or demand is just APPROVALS AND UTILITIES and correct and that no part of it has been paid." 2.1 City will indicate to Consultant the property lines of the 4.3 The balance stated on the invoice shall be deemed correct site and assume responsibility for accuracy of markers. unless City notifies Consultant,in writing,of the particular item that is alleged to be incorrect within ten(10)days from the invoice 2.2 City will provide for right-of-way for Consultant personnel date. Consultant will review the alleged incorrect item within ten and equipment necessary to perform the work. (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to 4.4 Payment is due upon receipt of invoice(or corrected invoice) perform the work. Consultant will assist City in applying for and is past due sixty(60) days from invoice date. On past due and obtaining such permits and approvals as needed. It is accounts,City will pay a finance charge of 1.5%per month on the understood that City authorizes Consultant to act as agent for unpaid balance,or the maximum allowed by law,whichever is City for City's responsibilities under this section including less,until invoice is fully paid. signing certain forms on City's behalf such as Right-of-Way forms. 4.5 If City fails to pay Consultant within sixty(60)days following invoice date, Consultant may deem the default a breach of its 2.4 While Consultant will take reasonable precautions to agreement,terminate the agreement,and be relieved of any and all minimize any damage to property,it is understood by City that duties under the agreement. City however,will not be relieved of in the normal course of the work some damage may occur. The Fee Payment responsibilities by the default or termination of the correction of any damage is the responsibility of City or, at agreement. City's direction,the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.6 City will be solely responsible for applying for and obtaining above,Consultant agrees to be responsible for damage caused any applicable compensation fund reimbursements from various by Consultant's negligence. state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 1 of 4 Consultant makes no representations or guarantees as to what fund reimbursement City may receive. Consultant shall not be 6.3 If City institutes a suit against Consultant,which is dismissed, liable for any reductions from reimbursement programs made dropped,or for which judgement is rendered for Consultant,City for any reason by state or federal agencies,except as may be will pay Consultant for all costs of defense, including attorney caused by Consultant's negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject to 5.2 City agrees that all reports and other work furnished to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten (10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If,at the end of eight hours of mediation, drawings, logs and reports at cost, plus 15%, for data and the parties have not resolved the dispute,the parties may agree to materials not being provided as part of the scope of work for extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or to Agreement or the breach thereof, whereby the party or parties mislead others by omitting certain aspects contained in the asserting the same claims entitlement to damages or payment of report. less than$25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of 5.5 Consultant will consider Project Information as confidential the American Arbitration Association then existing unless the and will not disclose to third parties information that it parties mutually agree otherwise. In the event any person shall acquires,uncovers,or generates in the course of performing the commence an action in any court for any claim arising out of or work, except as and to the extent Consultant may, in its sole relating to this Agreement or the breach thereof or the Project or discretion,deem itself required by law to disclose. construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings SECTION 6: DISPUTES/LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to REMEDIES assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA, consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction 6.2 City will pay all reasonable litigation or collection thereof. expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this In the event that arbitration services are not available from AAA, agreement. either party may request that an arbitrator be appointed by the City of Eden Prairie General Conditions Consultant Agreement Febnmry 2001 Page 2 of 4 Fourth Judicial District Court. the written order of the Commissioner of Commerce permitting self insurance of Worker's Compensation Insurance coverage 6.5.3 Compliance provided to the City prior to execution of this agreement is current and in force and effect. The parties deem the dispute resolution procedure as set forth herein to bean integral and essential part of this Agreement. A 9.2 Consultant shall procure and maintain professional liability party's failure to comply in all respects with this procedure insurance for protection from claims arising out of professional shall be a substantial breach of this Agreement. The services caused by any negligent act,error or omission for which arbitrator(s)shall be authorized to assess costs and attorney's Consultant is legally liable. fees against a party that has failed to comply with the procedure in all respects,and,may as a condition precedent to 9.3 Certificate of insurance will be provided to City upon request. arbitration,require the parties to mediate in accordance with Section 6.5.1 hereof. SECTION 10: TERMINATION SECTION 7: STANDARD OF CARE 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.1 Consultant's opinions,conclusions,recommendations,and report,if any,will be prepared in accordance with the City's 10.2 If the agreement is terminated prior to completion of the Request for Proposal and Consultant's proposal and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in their proposal and other SECTION 11: ASSIGNMENT parts of this agreement. 11.1 Neither party may assign duties, rights or interests in the 7.2 Although data obtained from discrete sample locations will performance of the work without obtaining the prior written be used to infer conditions between sample locations no consent of the other party,which consent will not be unreasonably guarantee may be given that the inferred conditions exist withheld. because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because SECTION 12: DELAYS conditions at the time of sample collection may also vary significantly with respect to soil, surface water and 12.1 If Consultant is delayed in performance due to any cause groundwater quality at any other given time and for other beyond its reasonable control,including but not limited to strikes, reasons beyond Consultant's control. riots,fires,acts of God,governmental actions,actions of a third party, or actions or inactions of City,the time for performance 7.3 Consultant will not be responsible or liable for the shall be extended by a period of time lost by reason of the delay. interpretation of its data or report by others. Consultant will be entitled to payment for its reasonable additional charges,if any,due to the delay. SECTION 8: GENERAL INDEMNIFICATION SECTION 13: EXTRA WORK 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by 13.1 Extra work,additional compensation for same,and extension Consultant's negligent acts and omissions, and breach of of time for completion shall be covered by written amendment to contract and those negligent acts,omissions,and breaches of this agreement prior to proceeding with any extra work or related persons for whom Consultant is legally responsible. City will expenditures. indemnify and hold Consultant harmless from and against demands, damages,and expenses caused by City's negligent SECTION 14: WITHHOLDING TAXES acts and omissions, and breach of contract and those acts, omissions,and breaches of persons for whom City is legally 14.1 No final payment shall be made to the Consultant until the responsible. Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the SECTION 9: INSURANCE/WORKER'S provisions of Minn.Stat.290.92 relating to withholding of income COMPENSATION taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 9.1 Consultant represents and warrants that it has and will maintain during the performance of this agreement Worker's SECTION 15: AUDITS Compensation Insurance coverage required pursuant to Minn. Stat. 176.181,subd.2 and that the Certificate of Insurance or 15.1 The books,records,documents and accounting procedures City of Eden Prairie General Conditions Consultant Agreement February 2001 Page 3 of 4 and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the ConsuItant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,the Minnesota Government Data Practices Act,to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race,color,creed, religion,national origin,sex,marital status,status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant,any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act,Minn. Stat. 363.01, et seq.,Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT 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. Ciry of Eden Prairie General Conditions Consultant Agreement February 2001 Page 4 of 4 TKDA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 Fax August 25, 2004 www.tkda.com Mr.Eugene A.Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344-2230 Re: Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15, and Well Collector Main City of Eden Prairie,Minnesota Dear Mr.Dietz: Pursuant to communications with Mr.Verne Jacobsen,we propose to provide Architectural and Engineering services in connection with the Design of Well No. 15,Well Pumphouse No. 15, and Well Collector Main Extension from Technology Drive to Well Pumphouse, and provide construction administration services for the Project during the Construction Phase,hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached"City of Eden Prairie General Conditions of Consultant Agreement"dated February 2001. Hereinafter, the City of Eden Prairie is referred to as the OWNER. I. PROJECT DESCRIPTION The Project consists of working with the OWNER'S staff to design Well No. 15, select preliminary design of Well Pumphouse No. 15, select efficient equipment, develop the Project construction schedule,prepare plans and specifications that will be used to secure competitive bids, and provide construction administration services as required to complete the Project in a timely manner. The Project also includes the design and construction of the watermain that connects the well water discharge main to the well collector main on Technology Drive. An Employee Owned Company Promoting Affirmative Action and Equal Opportuniry Mr.Eugene A.Dietz Director of Public Works -City of Eden Prairie Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15, and Well Collector Main August 25, 2004 Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PROJECT MANAGEMENT 1. Attend meetings with the OWNER'S staff and City Council, as required. 2. Provide general Project support. B. WELL NO. 15 DESIGN 1. Prepare plans and specifications for drilling of Well No. 15. 2. Prepare probable cost estimates for construction of Well No. 15. 3. Submit Well No. 15 plans and specifications for State agency approval. 4. Prepare 10 sets of Well No. 15 plans and specifications for use in obtaining competitive bids for the well. C. WELL PUMPHOUSE NO. 15 DESIGN 1. In conjunction with the OWNER'S staff, develop conceptual design alternatives for Well Pumphouse No. 15 and select the preliminary design. 2. Discuss preferences for equipment,controls, specific design requirement, efficiencies, and selection with the OWNER'S staff. 3. In conjunction with the OWNER'S staff,prepare a construction schedule and incorporate schedule into the Project specifications. 4. Prepare plans and specifications for construction of Well Pumphouse No. 15 and for the installation of the well collector main from the new pumphouse to the main well collector line. 5. Prepare probable cost estimates for construction of Well Pumphouse No. 15 and for installation of the well collector main. Mr.Eugene A.Dietz Director of Public Works-City of Eden Prairie Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15,and Well Collector Main August 25,2004 Page 3 6. Submit plans and specifications for State of Minnesota approval. 7. Prepare 20 sets of plans and specifications for use in obtaining competitive bids for the construction of Well Pumphouse No. 15 and for installation of the well collector main. D. BIDDING PHASE 1. Provide information regarding the Project to prospective bidders and conduct a pre-bid meeting at the Project site. 2. Answer bidders' questions and prepare required addenda. 3. Prepare bid tabulation;assist the OWNER in evaluating bids and in assembling and awarding contracts. E. CONSTRUCTION PHASE 1. Consult with and advise the OWNER and act as the OWNER'S representative as provided in the Contract Documents. 2. Attend and assist the OWNER with pre-construction conference to be attended by the Contractor, the OWNER,and others as may be requested by the OWNER. 3. Make visits to the site to observe the progress and quality of the executed work of the Contractor and to determined,in general,if such work is proceeding in accordance with the Contract Documents. 4. Review and approve(or take other appropriate action with respect to)Shop Drawings (as that term is defined in the Contract Documents),samples, and other data which Contractor is required to submit,but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means,methods,techniques, sequences or procedures of construction,or to safety precautions,and programs incident thereto. 5. Based on TKDA'S on-site observations,determine payments to Contractor in such amounts as is appropriate; such recommendations of payment will constitute a representation to the OWNER,based on such observations and review,that the work has progressed to the point indicated,and that,to the best of TKDA'S Mr.Eugene A.Dietz Director of Public Works - City of Eden Prairie Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15,and Well Collector Main August 25, 2004 Page 4 knowledge,information and belief, the quality of such work is in accordance with the Contract Documents. 6. Conduct a final inspection of the work to determine if the Project appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend,in writing, final payment to Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). 7. Provide Project coordination, attend and observe initial start-up of all major equipment, coordinate operator training, document construction changes, and provide the OWNER with one reproducible copy and one electronic file of the final record drawings. 8. TKDA shall not have control or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work,for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in SECTION 13 - EXTRA WORK of the attached General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in SECTION 2 - SITE LOCATION, ACCESS, PERMITS, APPROVALS, AND UTILITIES of the attached General Provisions and as further described or clarified hereinbelow: A. Provide access to the OWNER'S files,records, and data pertaining to the Project. Mr.Eugene A.Dietz Director of Public Works-City of Eden Prairie Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15, and Well Collector Main August 25, 2004 Page 5 B. Provide reasonable access to the OWNER'S facilities included in the Project. C. Provide input,review of submitted plans and specifications, and assistance in scheduling to accommodate construction of the Project. D. Provide soil foundation information for Well Pumphouse No. 15. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services on or before November 1,2005. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II.A through ED of this Proposal shall be on an Hourly Rate basis as described in SECTION 4 - FEE PAYMENT/CLAIMS of the attached General Provisions for an estimated amount of$38,300. Compensation to TKDA for services provided as described in SECTION II.E of this Proposal shall be on an Hourly Rate Basis as described in SECTION 4 - FEE PAYMENT/CLAIMS of the attached General Provisions for an estimated amount of$21,600. Attached is our current Hourly Rate Schedule. The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore,if it appears at any time that charges for services rendered will exceed the above total for all phases of services, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Eden Prairie and the return of a signed copy to us. Mr.Eugene A.Dietz Director of Public Works -City of Eden Prairie Proposal for Architectural and Engineering Services Design of Well No. 15,Well Pumphouse No. 15, and Well Collector Main August 25, 2004 Page 6 This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, Richard N. Sobiech,P.E. Verne E. Jacobsen,P.E. President/CEO Project Manager ACCEPTED FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By MAYOR-EDEN PRAIRIE By CITY MANAGER Date RNS:VEJ:adh ATTACHMENTS: SCHEDULE 2850-S85 CITY OF EDEN PRAIRIE GENERAL CONDITIONS dated February 2001 cc: Ed Sorensen,Eden Prairie Manager of Utility Operations TOLTZ, KING, DUVALL, ANDERSON ST.PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED ENGINEERS •ARCHITECTS •PLANNERS JANUARY 1, 2004 SCHEDULE OF BILLING RATES Classification Range of Hourly Billing Rates* Director, Senior Registered Engineer,Architect, or Planner $ 96.00 to $ 186.00 Engineering or Architectural Specialist II $ 91.00 to $ 134.00 Engineering or Architectural Specialist I $ 59.00 to $ 109.00 Registered Engineer,Architect,Land Surveyor, $ 62.00 to $ 120.00 Planner, or Interior Designer Graduate Engineer,Architect, or Planner $ 45.00 to $ 92.00 Technician III $ 51.00 to $ 72.00 ** Technician II $ 39.00 to $ 57.00 .rx. Technician I $ 25.00 to $ 43.00 ** In addition to the hourly charges,TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence. (Mileage currently at IRS Standard Rate of$0.375 per mile.) 2. Computer services. (Currently at$12.00 per hour of logged-on time.) 3. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 4. Identifiable reproduction and reprographic costs. * Rates effective until December 31,2004. ** For hours worked over 8 hours per day or 40 hours per week,whichever is greater, individuals will be paid one and one-half times the above rates where required by Local, State and/or Federal Government Wage and Hour Regulations. Schedule 2850-S85 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Stuart A.Fox,Manager of Permit for Winter Use of the LRT Trail Parks&Natural Resources Requested Action Move to: Authorize staff to submit a permit application for the 2004-2005 winter season for use of the LRT trail. Background Information: Currently, Three Rivers Park District(Suburban Hennepin Regional Park District) does not provide use(maintenance) of the LRT trail between November 15th and March 31 st of each year.It is up to the City to request permitted use of the trail during this time. The City has entered into a permit agreement with for the past several winters allowing hiking and cross- country skiing by the public.In order to do this,the City must make an annual application for a winter use permit. Staff will make application for usage of the LRT trail in a manner similar to previous years; however, adding the condition that the City would be plowing this trail.In order to plow the trail signs would be posted at each road intersection indicating that the trail is being maintained by the City of Prairie for winter activity use. These signs would prohibit activities such as snowmobiling and traveling by motorized vehicles such as ATV's. The winter use signs would be installed prior to November 15th and removed by April 15th of the following year.The signs would be the responsibility of the City to place and maintain. A copy of the application form is attached for your information. Attachment 2004-2005 Winter Use Permit • F I SUBURBAN HENNEPIN REGIONAL GIONAL PARK DISTRICT REGIONAL TRAIL SYSTEM 2004-2005 WINTER USE PERMIT• • Name of City EIRAJ PIA121 E' City HaII Phone .. qSZ.9 49-S 5o Contact Person 5Tt)t er '1aX Phone 9Sz- '349- g44 " Regional Trail From Cous.rri 'kip. (a . (aro,s,-,awK) to IR ma / L+ke' +o Authorized 2004-2005 Winter Activities coalki e - St4P'�y Regional Trail From to Authorized 2004-2005 Winter Activities Regional Trail From to Authorized 2004-2005 Winter Activities • Regional Trail From to Authorized 2004-2005 Winter Activities • Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2004 and March 31, 2005, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is • contingent upon the following conditions: • The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees,resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they •� may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. • The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15,2004-March 31, 2005. The City further agrees to immediately address all safety issues on or adjacent to trails. • 2 • • • The City will provide signage at locations approved by the Park District,notifying the public of authorized winter activities within its city limits; activities may include,but are not limited to, hiking,biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. Winter use • signs must be installed by the City at designated locations prior to November 15, 2004 and removed by the City no later than April 15, 2005. These signs are totally the responsibility of each municipality. • Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/or in areas where the snowmobile trail is kept from running on paved trails • and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails,bridges and other property. • The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. • The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair,grading or adding aggregate pursuant to guidelines established by the Park District. • The City agrees that winter trail use will be available to all persons,regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations,by September 30,2004, after which the Park District may take up to 45 bushiess days to process. Each permit request must be submitted as a result of formal City Council action;with • accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: • Title: (Authorized Representative of the City) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Stuart A.Fox,Manager of Resolution Authorizing Disposal of Tax Parks &Natural Resources Forfeited Land Requested Action Move to: Adopt Resolution authorizing the disposal of one parcel of tax forfeited land. Synopsis Attached is a list received from Hennepin County Taxpayer Services certified as Non Conservation List 1297 C/NC.There are two properties that have been pronounced tax forfeit to the State of Minnesota for non-payment of property tax; one parcel (parcel#1) is in the process of reclamation by the property owner. Staff is recommending conveyance of the parcel within Lake Idlewild to the City. As provided in State Statue 282,Hennepin County has requested the City to make a recommendation as to the disposal of this land parcel.The City can either approve the parcel for public auction, approve the parcel for sale to an adjacent property owner,withhold the property from auction for one year, or request conveyance of the property to the City for a designated public use. The parcels of property are described as follows: Parcel PIN Description Pending Specials 1 35-116-22-13-0071 Lot 9,Block 2,Riverview Heights 0 2 14-116-22-12-0026 Lot 21, except parts platted as RLS 895 0 Recommendation Staff has reviewed the two parcels and recommends the following: Parcel#1 is a parcel that Hennepin County has already received noticed of application for repurchase and therefore it is not necessary to include in the resolution. Parcel#2 is a parcel of land that lies within Lake Idlewild. Since most of the adjacent land has been deeded to the City as part of the development process,or will be deeded in the future, staff s recommendation is that this land be claimed for public open space. Attachments Resolution Map C/NC List#1297 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Conservation/Non-Conservation List#1297 C/NC,which lists property in said municipality which have become property of the State of Minnesota for non payment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners,or request conveyance to the City for public use without monetary consideration,or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of this parcel in the following way: Parcel conveyed to the City of Eden Prairie for wetlands. PIN 14-116-22-12-0026 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 7th day of September,2004. 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Synopsis Qwest Wireless has agreed to sell its wireless assets to Verizon Wireless. One of the assets included in the sale is an agreement that Qwest Wireless has with the City concerning an antenna location in Hidden Ponds Park. Approval of this motion will authorize the Mayor and City Manager to execute an assignment agreement that approves the transfer of the agreement from Qwest Wireless to Verizon Wireless. The City Attorney and City Manager have both reviewed the agreement and recommend its approval. Attachments Agreement Qwest Wireless,L.L.C. ,.-0. " 1801 California Street,49"Floor ,.,' 1' Denver.Colorado 80202 jF Q r.: west =• Spirit of Service August 18,2004 City of Eden Prairie 8080 Mltchell Road Atm: City Manager Eden Prairie,MN 55344 Re: License Agreement,as amended(the"Agreement") Agreement Date:7/10/2001 Site ID#M1N377 Lease/Agreement ID#MNRW0560A Site Address: ("Property")Hidden Ponds Park,Eden Prairie,MN 55344 Dear City Manager: As you may know,Qwest Wireless,L.L.C.("Qwest Wireless")recently entered into an agreement to sell substantially al1 its wireless assets to Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless"). Upon the closing of the transactions contemplated by the agreement,Verizon Wireless will own the transferred assets and Qwest Wireless will cease to operate its cellular telephone network. The transaction is expected to close in late 2004 or early 2005. In connection with this transaction,Qwest Wireless intends to assign your Lease/Agreement to Verizon Wireless or to an affiliate of Verizon Wireless("Verizon Wireless Company"). Qwest Wireless will also be assigning its FCC license for the market in which the Property is located to the Verizon Wireless Company. The Verizon Wireless Company will assume all of Qwest Wireless' responsibilities and liabilities under the Agreement, including the obligation to pay rent in accordance with the terms of the Agreement,to the extent arising after and attributable to periods after the effective date of the assignment. Verizon Wireless has advised us that it expects the assignee to be an affiliate named Verizon Wireless(VAW)LLC. Under the terms of the Agreement,your written consent is required to complete this assignment. Once you have provided your consent,the assignment will become effective upon the closing of the transaction with Verizon Wireless. Written confirmation will be sent to you following the completion of the assignment. We,therefore,respectfully request that you sign the attached Landlord's Consent and return this original document to me before September 7,2004. Verizon Wireless has approved the attached landlord consent..Please keep the enclosed copy of this consent for your records. For your convenience,we have enclosed a self addressed, stamped envelope in which you may return your signed consent. Thank you in advance for your prompt attention to this request. If you have questions or require additional information,please contact Ken Nielsen at(651)642-6279 or Tom Mulvey at(651)642-6527. Sincerely, en Jones Senior Att ey CONSENT TO ASSIGNMENT OF AGREEMENT Re: License Agreement,as amended(the"Agreement") Agreement Date: 7/10/2001 Site ID#MIN377 Lease/Agreement ID#MNRW056OA Site Address: ("Property")Hidden Ponds Park,Eden Prairie,MN 55344 The undersigned Landlord/Licensor/Landowner hereby consents to the assignment of the Agreement by Qwest Wireless, L.L.C. to Cellca Partnership d/b/a Verizon Wireless or to one of its affiliates, including Verizon Wireless (VAW) LLC, in accordance with the letter from Qwest Wireless, L.L.C. to the Landlord/Licensor/Landowner dated August 18,2004. Date: ,2004 City of Eden Prairie By: Name: Title: By: Name: Title: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. I. Public Works/Engineering Grading/Land Alteration Permit for Lot Alan D. Gray 2, Block 1,Bryant Lake Heights Requested Action Move to: Approve grading/land alteration permit for Lot 2,Block 1,Bryant Lake Heights Synopsis Boumeester Custom Homes, Inc. have applied for a grading/land alteration permit to construct a driveway that is part of the 1998 approved plan for Bryant Lake Heights. Lot 2,Block 1, Bryant Lakes Heights is located in a shoreland area. A permit for grading/land alteration, issued by the City Council, is required prior to grading. All down slope areas from the graded area will be protected with silt fence. Bryant Lake will be further protected by the maintenance of 80 feet or more of undisturbed turf within the Lot during the grading project for the driveway. The driveway surface will be restored with bituminous. The adjacent areas will be restored utilizing topsoil, seed and mulch. Background Information The area to be graded is approximately .25 acres and is outside the shore impact zone. The shore impact zone is one half of the building setback or 50 feet. The grading, at its closest point, is approximately 80 feet from the OHW of Bryant Lake. A retaining wall will limit the graded area. The proposed plan will remove two significant trees. Replacement will be in accordance with the City's tree replacement ordinance. Staff recommends approval of the grading/land alteration permit based on plans dated August 31, 2004. Attachments Grading Plan and Application BOUMEESTER CUSTOM HOMES IN LOT 2, BLOCK 1, BRYANT LAKES HEIGHTS _____ HENNEPIN COUNTY, MINNESOTA `` ) --� („ �� `- RA88E� [ TRIG BOULDER I'iETAINING WALL 1 I I (arsma) DRIVE4Y (est2) (888.7) `(�'ya t. J \ 7 0D)—--— Ono d I- ,8•• WH ,. , i 1 5(e -ic. -4-- OAK °A% F! a ,t O IS" i r e Z.' 1 i s 18" WH K WH,s 7 •,� I E} K W `lllillt (e666 / _ OAK t /I' "L PROPOSED __. 0 - 1`�� lid I i� 18 v)t BOULDER..1--- 0 -�i OAK RETAININ `--.••;•.1_- �� /I WALLS i e _ ! gall 20" AK WH. ! / e,J -'a 111ip �' 12•• WH / e 1h �A OAK 1� � / v// i' ` /IpiI -- 18" WH 26 W , 41 f �� 20"/WI-f/ll l ,, . OAK 2AK WH OAK Y �� QAiF JlI I �v ttr ill ,�� ,2" WH A ,,•e . //� (Bs4) +^_Li.lr'tf. OAKS'-,Y' �c F. �`-`r ��'' ��a•„ //1 OAK WH '�I� 4WH O'� , ./i,•fr K �' . OA? . ;OA< ,, . 18•' WH. _ ' OAK A W.. / J f • ' 1 1 AK f ! J " `�O�f- , I ( ) r I, L L I t 1 r) Ir -) ��;0'i _ �/ i / / . ,z f I LOOM- �A. I EXISTING PROPOSED HOUSE DRIVEWAY GARAGE l 1 1 Permit#98- CITY OF EDEN PRAIRIE APPLICATION FOR RELEASE OF LAND ALTERATION PERMIT PROJECT NAME: Le f lack / /9lyv,v f- /-a/ ,/eie/1- . APPLICANT Name: tanee-s ( .S�a,Y, r�piyits �i,� Address: //�1 >^"a/e,�P�o� s�4 Phone: `p/.,D- City/State: ,jr7y�efv PROPERTY OWNER Name: ,'/a t a,v 6-9/7 /ane/ Address: 1O/c9- Cis/'//a.� Phone: gyr , - 91r!- O/c9-3 City/State: /e ,4227?-: e CONTRACTOR PERFORMING WORK Name: ct,zm G'caS/-ee- 04,5 /4 *c.Y,,i: Address: d// Phone: eda- -36y _�5-�� City/State: II. PROJECT/PROPERTY DESCRIPTION Location: Size of Site:4a Acres Estimated Volume of Earth Moved:alp y f" Proposed Start Date: 5epir,1ef e 2001, Proposed Completion Date: III. MATERIALS TO BE INCLUDED WITII APPLICATION: A. Two full size copies of grading, erosion control plan, restoration plan and specifications B. Executed copy of contract documents for grading work. C. Written project schedule and sequence of construction activities. D. Copies of all applicable permits from other permitting authorities, i.e., Watershed Districts, MPCA, DNR, etc. E. Signed and completed copy of City's Erosion Control Policy, F, Designated representative of design professional responsible to monitor conformance to plan and City Erosion Control Policy, (Applicant)Signature PERMIT APPLICATON RECEIVED:lepirim(- I li2M PERMIT SURETY AMOUNT: . 5 D00.r'" RELEASED: SURETY OR LETTER OF CREDIT NO. PROVIDED BY: PERMIT FEE AMOUNT: �l�ju' RECEIPT NO.: EROSION CONTROL INSPECTION: This permit is hereby released by the City of Eden Prairie on , subject to the conditions of the City's Erosion Control Policy, City Code Sect. 11.55 and Special Conditions attached. (City)Signature This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota Statute,Federal Law, State Agency Rules or the requirements of other agencies with regulatory authority. EROSION CONTROL REMOVED: FOLLOW UP AND COMMENTS: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Molly ICoivumaki,Manager of Resolution Authorizing Execution of Housing and Human Documents Relating to Sale of Property Services/Community to West Hennepin Affordable Housing Development Land Trust Requested Action Move to:Adopt Resolution authorizing execution and delivery of: • Sub-recipient Agreement between Hennepin County and the City of Eden Prairie; and • Third Party Agreement between West Hennepin Affordable Housing Land Trust and the City of Eden Prairie; and • Purchase Agreement between Hennepin County and the City of Eden Prairie; and • Purchase Agreement between the City of Eden Prairie and West Hennepin Affordable Housing Land Trust; and • Such other documents and certificates as are necessary to consummate the transactions contemplated by the above referenced agreements,with such changes as authorized by the officers executing the documents Synopsis Pursuant to the Sub-recipient Agreement Hennepin County allocates Community Development Block Grant(CDBG)Funds to City recipients including the City of Eden Prairie. By virtue of this agreement,Hennepin County is allocating directly to WHAHLT CDBG funds to be used for the acquisition from the City of property located at the intersection of County Road 4 and Valley View Road. The City will enter into a The Third Party Agreement with WHAHLT governing how the CDBG funds so allocated are used by WHAHLT. Title to the property to be acquired by WHAHLT is currently in the name of the County. Contemporaneous with entering into the above agreements, the City will enter into a purchase agreement with the County to acquire title to the property. Next the City will enter into a purchase agreement with WHAHLT to sell this property to WHAHLT. The CDBG funds allocated to WHAHLT will be used to acquire the property from the City. The County will provide and pay directly to WHAHLT the CDBG funds necessary to purchase the property. Background Information A vacant lot became available due to a road improvement project and Co Rd 4 and Valley View Road. The City will purchase the property from Hennepin County and sell it to WHAHLT, for the construction of a new house. WHAHLT will sell the house to an income eligible homeowner, but will retain ownership of the land on which the home is built. The house will be built by students from the Hennepin Technical College construction trades group. Attachments • Resolution • Sub-recipient Agreement, Urban Hennepin County, Community Development Block Grant Program • Third Party Agreement,Urban Hennepin County, Community Development Block Grant Program • Purchase Agreement, between Hennepin County and the City of Eden Prairie • Purchase Agreement, between the City of Eden Prairie and WHAHLT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 04- WHEREAS,the Council of the City of Eden Prairie finds: 1. The City entered into an agreement between it and the County of Hennepin ("County") entitled "Joint Cooperation Agreement — Urban Hennepin County Community Development Block Grant Program"in 1999 ("Joint Agreement"). 2. The purpose of the Joint Agreement, as provided in Article II, is to authorize the County and the City to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities and authorizes the County to carry out these and other eligible activities ("activities") for the benefit of eligible recipients who reside within the City. 3. Funds for the activities are provided by the United States of America through the United States Dept. of Housing and Urban Development — Community Development Block Grant("CDBG")Program. 4. It is proposed the City and County will also enter into an agreement, entitled Subrecipient Agreement Urban Hennepin County Community Block Grant Program in the form presented to this Council relating to the CDBG Program ("Subrecipient Agreement"). Pursuant to the Joint Agreement and the Subrecipient Agreement, the City may expend its allocation only on the identified activities. Any funds so allocated and unexpended or uncommitted must be relinquished to the County. 4. Pursuant to Article 3, the City may subcontract the Subrecipient Agreement and/or the services to be performed with the prior consent of the County. 5. An eligible activity has been proposed whereby "WHAHLT," West Hennepin Affordable Housing Land Trust ("WHAHLT"), a nonprofit corporation, will acquire certain real property situated in the City, will construct a single-family dwelling on the property and make it available for rental to persons of low income (the "Project"). The real property will be acquired by WHAHLT from the City in accordance with the terms and for the consideration expressed in that certain Purchase Agreement between the City and WHAHLT ("WHAHLT Purchase Agreement") and the City will contemporaneously or prior thereto, acquire the real property from the County in accordance with the terms and for the consideration expressed in the Purchase Agreement between the County and the City ("County Purchase Agreement") in the forms presented to this council. 6. The City proposes to enter into an agreement between it and WHAHLT, entitled Third Party Agreement Urban Hennepin County Community Development Block Grant Program ("Third Party Agreement") in form and substance presented to this Council whereby WHAHLT will carry out the obligations of the City with respect to the Project, and WHAHLT will receive from Hennepin County the funds allocated to the Project. 7. While the CDBG funds will not be received by the City but will be attributable to the City's allocation by Hennepin County of CDBG funds, (those funds having been paid directly to WHAHLT by Hennepin County)to the extent the transfer of the CDBG funds to WHAHLT may be deemed to have been received by the City, such funds are in the nature of a gift from the United States of America and are subject to the conditions and obligations of the City with respect thereto set forth in the Joint Agreement and the Subrecipient Agreement which the City is authorized to accept pursuant to M.S. §465.03. NOW THEREFORE,BE IT RESOLVED THAT: A. The execution and delivery by the City of the Subrecipient Agreement, Third Party Agreement, County Purchase Agreement and WHAHLT Purchase Agreement are approved and authorized, in the form and substance presented to the Council, subject to such changes and modifications approved by the Mayor and City Manager. B. To the extent the payment of the CDBG funds for the Project may be deemed a transfer of such funds to the City, the Council hereby accepts the transfer of such funds as a gift from the United States of America and accepts the gift subject to the conditions and obligations of the City with respect thereto contained in the Joint Agreement and the Subrecipient Agreement pursuant to the authority contained in M.S. §465.03. ADOPTED by the Eden Prairie City Council this day of , 2004. Nancy Tyra-Lukens,Mayor ATTEST: (Seal) Kathleen Porta, City Clerk SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "SUBRECIPIENT," said parties to this Agreement each being governmental units of the State of Minnesota,and is made pursuant to Minnesota Statutes,Section 471.59: WITNESSETH WHEREAS, Recipient has received a$3,514,000 Federal Department of Housing and Urban Development Fiscal Year 2004 Community Development Block Grant(CDBG)Program(Catalog of Federal Domestic Assistance (CFDA) number 14-218) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient,according to the implementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 2004 CDBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity/ies as included in and a part of the 2004 Consolidated Plan, Urban Hennepin County Community Development Block Grant(CDBG)Program and as set forth in Exhibit 1 to this Agreement; and WHEREAS,the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 2002, executed between Recipient and Subrecipient and in the 2004 Consolidated Plan, Urban Hennepin County CDBG Program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES A. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development(HUD)for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1,2004. The termination date of this Agreement is December 31, 2005, or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration,the Subrecipient shall relinquish to the Recipient all program funds unexpended and uncommitted,and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder,whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign,transfer,or pledge this Agreement and/or the services to be performed hereunder,whether in whole or in part,without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations,variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. Exhibit 1, shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolidated Plan,which constitute substantial changes, must be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments that do not constitute substantial changes may be handled administratively. Hennepin County staff in the Housing Development Division of the Department of Housing, Community Works and Transit may approve administrative amendments provided they are eligible, fundable and satisfy the objectives of the Consolidated Plan and the CDBG Program. Substantial change is defined as a change in(1)beneficiary; (2)project location; (3)purpose; or (4) scope, (more than a 50 percent increase or decrease in the original budget or $100,000, whichever is greater), in any authorized activity. The total budget of multi- community activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed the Hennepin County authorized budget to enable the Subrecipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUD/U.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the 2 expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the Recipient, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. B. In order to protect Subrecipient and Recipient from liability and to effectuate the indemnification provisions hereinabove, each Subrecipient that is not self-insured agrees that during the term of this agreement it will carry a single limit or combined limit or excess umbrella commercial general liability policy in an amount equal to, but shall not be required to carry coverage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. C. This section shall in no way be intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 7. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A- 110 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules,and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend, indemnify and hold the Recipient, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the Subrecipient's default is excused by the Recipient,the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any provision or to exercise 3 any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty(30) days'written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved,in whole or in part, using CDBG funds in excess of$25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County. (2) For any other Subrecipient, five years after expiration of this Agreement; or B. Not used in accordance with A.above,in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the"Common Rule"Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings,conferences,and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12. ACQUISITION, RELOCATION, AND DISPLACEMENT A. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activity/ies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, 4 nonprofit agencies as authorized by its governing body,which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a)and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b)governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974(the Act);the relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k)of the Act; and the requirements of 24 CFR 570.606(d)governing optional relocation assistance under section 105(a)(11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT,AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the Recipient prior to initiating any activity,including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any program income within ten (10)days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. B. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is 5 permitted to retain program income. C. Program income returned to the Recipient shall be credited to the grant authority of Subrecipient, whose project generated the program income, and shall be used for fundable and eligible CDBG activities consistent with this Agreement. D, The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record keeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper record-keeping and reporting system, as required by HUD. E. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should closeout or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: A. The Subrecipient shall inform the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value(less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all 6 administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 7 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement,the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners'Policies Against Discrimination,no person shall be excluded from full employment rights or participation in,or the benefits of,any program,service or activity on the grounds of race,color, creed, religion,age,sex, disability, marital status,sexual orientation, public assistance status,or national origin;and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable,the Subrecipient shall comply with,and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990,Title I"Employment,"Title II"Public Services"-Subtitle A,and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection,testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Should HUD make a determination during the review of the Consolidated Plan that any city in the Urban Hennepin County CDBG Program has not affirmatively furthered fair housing or has impeded action by the County to comply with its fair housing certification, the County shall exercise its authority, as contained in the Joint Cooperation Agreement,to prohibit the jurisdiction from receiving CDBG funding for any activities until the violation has been remedied. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, 8 or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal Grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections(b)(Special Policies Governing Facilities); (c)(Special Assessments); (f)(Means of Carrying Out Eligible Activities);and(j)(Constitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORD-KEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule"Administrative Requirements in 24 CFR 85 and in accordance with OMB CircularA-110 and A-122, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds,resulting in the U.S. Department of Housing and Urban Development(HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this Agreement. 9 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials,notices, documents,etc.,prepared by the Subrecipient in implementation of this Agreement,and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1996, and the implementing requirements of OMB Circular A-133 "Audits of States, Local Governments and Non-Profit Institutions,"and,as applicable,OMB Circular A- 110"Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Non-Profit Organizations." and, to certify and assure compliance with the financial standards as set forth in Exhibit 2 to this agreement. A. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six(6) months of the provision date. B. The audit is not required, however, in those instances where less than $500,000 in assistance is received from all Federal sources in any one fiscal year. C. The cost of the audit is not reimbursable from CDBG funds. D. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. E. The Chief Financial Officer of the Subrecipient signs Exhibit 2. 10 RECIPIENT EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on May 18, 2004 pursuant to Resolution 04-243 and the proper County officials having signed this Agreement,the Recipient agrees to be bound by the provisions herein set forth. APPROVED AS TO FORM COUNTY OF HENNEPIN, AND EXECUTION STATE OF MINNESOTA By: Assistant County Attorney Chair of its County Board Date And: Assistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board Date: 11 SUBRECIPIENT EXECUTION Subrecipient, having signed this Agreement, and the Subrecipient's governing body having authorized such approval and the proper city official having signed this Agreement, Subrecipient agrees to be bound by the provisions of this Agreement. CITY OF EDEN PRAIRIE (Place city seal here) By: Its: And: Its: Attest: Title: Date: CITY MUST CHECK ONE: The City is organized pursuant to: ❑ Plan A ❑ Plan B ❑ Charter 12 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-2004, EXHIBIT 1 5-Year Strategy Community ID# Project Activity Budget Total Brooklyn Center 2.0 Rehab of Private Property Rehab of Private Property 203,529 Brooklyn Center 7.0 Senior Services CEAP Senior Services-1landyWorks Prog 13,500 Brooklyn Center 7.0 Senior Services Senior Community Services-II.O.M.E.Program 22,000 259,029 Brooklyn Pork 2.0 Rehab of Private Property Rehab of Private Property 150,000 Brooklyn Park 3.0 Affordable Homeownership Acq/Scattered Site Homeownership 159,845 Brooklyn Park 6.0 Family Services Northwest Hennepin Human Services Council 12,987 Brooklyn Park 6.0 Family Services Home Free Domestic Abuse Program 12,987 Brooklyn Park 7.0 Senior Services CEAP Senior Services-IlandyWorks Prog 7,500 Brooklyn Park 8.0 Youth Services Treehouse-Family Hope Services 12,987 Brooklyn Park 8.0 Youth Services Family&Children's Services/Youth Diversion Prog. 12,087 Brooklyn Park 9.0 Neighborhood Revitalization Brooklyn Blvd.Commercial Revitalization 160,740 Brooklyn Park 10.0 Transportation Services Senior Transportation-North 20,052 630,185 Crystal 2.0 Rehab of Private Property Rehab of Private Property 80,000 Crystal GA Family Services GMDCA-Child Day Care 5,596 Crystal 9.0 Neighborhood Revitalization Acq/Scattered Site Redevelopment 16,883 Crystal too Transportation Services Senior Transportation-West 11,500 113,979 Eden Prairie 2.0 Rehab of Private Property Rehab of Private Property 121,613 Eden Prairie 5.0 Affordable Homeownership Acq/Home Ownership Initiative/Land Trust 14.8,900 Eden Prairie 6.0 Family Services GMDCA-Child Day Care 10,000 Eden Prairie 6.0 Family Services HomeLine Tenant Advocacy Programs 3,000 Eden Prairie G.0 Family Services HOPE Family Support Services 7,000 Eden Prairie 6.0 Family Services PROP-Emergency Housing Assistance 10,100 Eden Prairie 7.0 Senior Services Senior Community Services-H.O.M.E.Program 5,000 305,613 Edina 2.0 Rehab of Private Property Rehab of Private Property 60,000 Edina 3.0 Affordable Homeownership Acq/Scattered Site Homeownership-Edina 85;481 Edina 6.0 Family Services CASH-Housing Programs 975 Edina 6.0 Family Services GMDCA-Child Day Care 14,633 Edina 6.0 Family Services FlomeLine Tenant Advocacy Programs 975 Edina 7.0 Senior Services Senior Community Services-H.O.M.E.Program 9,089 171,153 Maple Grove 1.1 Affordable Rental Flossing-Publicly Owned Acq/Scattered Site Afford Rental Flog 137,4.79 Maple Grove 1.1 Affordable Rental Housing-Publicly Owned Rehab/Scattered Site Rental FIousing 12,000 Maple Grove 2.0 Rehab of Private Property Rehab of Private Property eo,000 Maple Grove 6.0 Family Services CASH-Housing Programs 3,565 Maple Grove 6.0 Family Services GMDCA-Child Day Care 10,000 Maple Grove 6.0 Family Services HomeLine Tenant Advocacy Programs 5,565 Maple Grove 7.0 Senior Services Maple Grove Session Center 5,000 Maple Grove 10.0 Transportation Services Senior Transportation-North 7,000 198,209 Minnetonka 2.0 Rehab of Private Property Rehab of Private Property 179,565 Minnetonka 5.3 Special Needs Flossing Community Involvement Programs(CIP) 25,000 Minnetonka 6.0 Family Services CASH-Housing Programs 5,000 Minnetonka 6.0 Family Services GMDCA-Child Day Care 7,500 Minnetonka 6.0 Family Services HomeLine Tenant Advocacy Programs 1,129 Minnetonka 0.0 Family Services Hopkins Family Resource Center 6,000 Minnetonka 7.0 Senior Services Senior Community Services-HOME.Program 16,000 210,19+ Nev Flope 2.0 Rehab of Private Property Rehab of Private Property 60,000 New Hope 5.0 Affordable Homeownership Acq/Scattered Site Homeownership-New Hope 51,628 New Hope 6.0 Family Services CASH-Housing Programs 1,500 New Hope 6.0 Family Services GMDCA-Child Day Care 4,699 New Hope 8.0 Youth Services Treehouse-Family Hope Services 2,000 New Hope 10.0 Transportation Services Senior Transportation-\Vest 11,500 131,327 Richfield 2.0 Rehab of Private Property Rehab of Private Property 105,326 Richfield 3.0 Affordable Homeownership Acq/Scattered Site Homeownership-Richfield 100,000 Richfield 6.0 Family Services CASH-Housing Programs 2,500 Richfield G.0 Family Services GMDCA-Child Day Care 12,000 Richfield 6.0 Family Services HomeLine Tenant Advocacy Programs 2,500 Richfield 7.0 Senior Services Senior Community Services-H.O.M.E.Program 19,250 9.41,556 St.Louis Park 9..0 Rehab of Private Property Rehab Private Property(CASH-Emerg Repair Prog) 45,500 St.Louis Park 5.2 Special Needs Housing Perspectives Inc.-Multi-Unit Rehab 57,500 5-Year Strategy Community ID# Project Activity Budget Total St.Louis Park 0.0 Family Services/Facilities St.Louis Park Emergency Program(STEP)Facility 57,50D St.Louis Park 0.0 Family Services St Louis Park PHA-Hamilton House TRAILS Prog. 17,400 St.Louis Park 9.0 Neighborhood Revitalization Acq/Scattered Site Redevelopment 62,500 240,400 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 2004 Community Development Block Grant(CDBG) program funds that have been provided to our organization,we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget (OMB) Circular A-110 (Attachments F and G). Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Circular A 110,Attachment G (Financial Reporting Requirements), 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5, Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization, 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures thatwe have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization-wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely andappropriate resolution of audit findings and recommendations. 10. Organizations (subrecipients)that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients, and on the authorized official whose signature appears below. Date Organization Name By: Chief Financial Officer THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY/IES executing this Master Agreement, each, hereinafter referred to as "City," and West Hennepin Affordable Housing Land Trust, hereinafter referred to as "Provider," 5101 Thimsen Avenue, Suite 200, Minnetonka, MN 55345: WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a Joint Cooperation Agreement effective October 1, 2002 and executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City executed a Subrecipient Agreement with Hennepin County, effective July 1, 2004, which allocates funds from the Federal Department of Housing and Urban Development Fiscal Year 2004 Community Development Block Grant Program(Catalog of Federal Domestic Assistance (CFDA) number 14-218,) for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement, hereinafter referred to as"Activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. SCOPE OF SERVICES A. Provider agrees to carry out Activities for the City as described in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1. B. Provider shall take all necessary actions required to implement Activities and to comply with any related requests by the City,it being understood that the City is responsible to Hennepin County for ensuring compliance with such requirements. Provider also will promptly notify the City of any changes in the scope or character of the Activities. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1,2004. The termination date of this Agreement is December 31, 2005, or at such time as the Activities are satisfactorily completed prior thereto. Upon expiration, Provider shall relinquish to the City all program funds unexpended or uncommitted for the Activities. 3. NON-ASSIGNMENT Provider shall not assign,subcontract,transfer,or pledge this Agreement and/or the Activities to be performed hereunder,whether whole or in part, without the prior consent of the City. 1 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement, signed,approved and properly executed by the authorized representatives of the parties.All Amendments to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of any Amendment. Substantial change is defined as a change in(1)beneficiary; (2)project location; (3)purpose; or (4) scope, (more than a 50 percent increase or decrease in the original budget or $100,000, whichever is greater), in any authorized Activity. The total budget of multicommunity activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The City agrees to provide Provider with CDBG funds not to exceed the budget as described in Exhibit 1,to enable Provider to carry out the Activities. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall, therefore, make no payment of funds to Provider and draw no funds from Hennepin County on behalf of Provider prior to having received from Provider a request for reimbursement, including copies of all documents and records needed to ensure that Provider has complied with all appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE A. Provider does hereby agree to indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses,claims,suits,or judgments arising from or growing out of any injuries, loss, or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by Provider under this Agreement. B. Provider does further agree that, in order to protect itself as well as the City under the indemnity agreement provisions herein above set forth, it will at all times during the term of this Agreement and any renewal thereof have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the City, its officers, agents, and employees by a certificate acknowledging this Agreement between Provider and the City. 7. CONFLICT OF INTEREST A. In the procurement of supplies,equipment,construction,and services by Provider,the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 2 8. DATA PRIVACY Provider agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws,rules,and regulations relating to data privacy or confidentiality, and as any of the same may be amended. Provider agrees to defend, indemnify and hold the City, its elected officials, officers,agents,volunteers and employees harmless from any claims resulting from Provider's unlawful disclosure and/or use of such protected data. 9. SUSPENSION AND TERMINATION A. If Provider materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless Provider's default is excused by the City, the City may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. B. The City's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon 30 days written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to Provider under this Agreement may not be obligated or expended by Provider following such date of termination. Any funds allocated to Provider under this Agreement, which remain unobligated or unspent following such date of termination, shall automatically revert to the City. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, Provider shall transfer to the City any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to Provider in the form of a loan. Any real property acquired or improved, in whole or in part, using CDBG funds in excess of$25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County, (2) For any other Provider, five years after expiration of this Agreement; or B. Not used in accordance with A.above, in which event Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to, 3 the property. The payment is program income to the City. No payment is required after the period of time specified in A. above. 11. PROCUREMENT Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the Activities. Procurement shall be carried out in accordance with the requirements of 24 CFR Part 85,and OMB Circulars A-110,A-122,as applicable. Provider shall prepare,or cause to be prepared,all advertisements,negotiations, notices,and documents; enter into all contracts;and conduct all meetings,conferences,and interviews, as necessary, to ensure compliance with the above described procurement requirements. 12. ACQUISITION, RELOCATION,AND DISPLACEMENT A. Provider shall be responsible for carrying out all acquisitions of real property necessary for implementation of Activities. Provider shall conduct all such acquisitions in its name and shall hold title to all real property purchased. Provider shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. Provider shall also be responsible for providing all relocation notices,counseling, and services required by said regulations. B. Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as required under 24 CFR 570.606(a)and HUD implementing regulations at 24 CFR Part 42;the requirements in 24 CFR 570.606(b) governing the residential anti-displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974(the Act);the relocation requirements of 24 CFR 570.606(c) governing displacement subject to Section 104(k)of the Act; and the requirements of 24 CFR 570.606(d)governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the Activities. 13. ENVIRONMENTAL REVIEW Provider shall provide all necessary information and relevant documents to the City to enable the City and Hennepin County to maintain the environmental review record on all Activities. 14. LABOR STANDARDS, EMPLOYMENT,AND CONTRACTING The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on Activities. The Provider shall notify the City prior to initiating Activity, including advertising for contractual services, which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 4 15. PROGRAM INCOME Any program income generated as a result of any Activities shall be forwarded immediately to the City upon receipt by Provider and the provisions of 24 CFR 570.504 shall apply. 16. USE OF REAL PROPERTY The following standards shall apply to real property acquired or improved through Activities, in whole or in part, using CDBG funds: A. Provider shall inform the City at least 30 days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. B. Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds)of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i)are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The City will have the option of requiring a second appraisal after review of the initial appraisal. 17. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by Hennepin County shall apply to all Activities undertaken by Provider,as provided in this Agreement,and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners'Policies Against Discrimination,no person shall be excluded from full employment rights or participation in,or the benefits of,any program,service or activity on the grounds of race,color,creed,religion,age,sex,disability,marital status,sexual orientation, public assistance status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. B. Provider will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 5 19. NON-DISCRIMINATION BASED ON DISABILITY A. Provider shall comply with Section 504 of the Rehabilitation Act of 1973,as amended, to ensure that no otherwise qualified individual with a handicap,as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by Provider receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable,Provider shall comply with Public Law 101-336 Americans With Disabilities Act of 1990,Title I"Employment,"Title II"Public Services"-Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities"and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT Provider shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Provider shall be prohibited from receiving CDBG funds for Activities subject to this Agreement if it impedes actions taken by the City to comply with Hennepin County's fair housing certification. 22. LOBBYING A. No federal appropriated funds have been paid or will be paid, by or on behalf of Provider,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, Provider will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 23. OTHER CDBG POLICIES Provider shall comply with the general condition of 24 CFR 570.200,particularly sections:(b) Special policies governing facilities; (f) Means of carrying out eligible activities; and (j) Constitutional prohibitions concerning church/state activities. 6 24. TECHNICAL ASSISTANCE The City agrees to provide technical assistance to Provider in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by Provider,and at other times at the initiative of the City when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to Provider. 25. RECORD-KEEPING AND ACCESS TO RECORDS Provider shall maintain records for the receipt and expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by Provider in implementation of the Activities and Provider agrees to provide all information required by any person authorized by the City to request such information from Provider for the purpose of reviewing the same. 26. AUDIT A. Provider agrees to provide City and Hennepin County with an annual audit report consistent with the provisions of OMB Circular A-110 "Uniform Requirements for Grants and Agreements with institutions of Higher Education, Hospitals and Non-Profit Organizations,"OMB Circular A-122"Cost Principles for Non-Profit Organizations,"and OMB Circular A-133"Audits of States, Local Governments and Non-Profit Institutions." (1) The audit report is to be provided to City or Hennepin County on July 1 of each year this Agreement is in effect and any findings of non-compliance affecting the use of CDBG funds shall be satisfied by Provider within six months of the provision date. (2) The audit is not required, however,in those instances where less than$500,000 in assistance is received from all federal sources in any one fiscal year. (3) The cost of the audit is not reimbursable from CDBG funds. (4) City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. B. Provider's assurance and certification regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. 7 CITY EXECUTION The City of Eden Prairie having duly approved this Agreement on , 2004, and pursuant to such approval and the proper city officials having signed this Agreement, the city agrees to be bound by the provisions herein set forth. Upon proper execution, this Agreement will be legally valid and binding. Dated: , 2004 CITY OF Eden Prairie STATE OF MINNESOTA By: Its Mayor And: Its Attest: Title: 8 WHAHLT—Acquisition/Home Ownership Initiative/NCRC 9 PROVIDER EXECUTION Provider, having signed this Agreement and the City having duly approved this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Provider agrees to be bound by the provisions of this Agreement. Dated: , 2004 PROVIDER: WEST HENNEPIN AFFORDABLE • HOUSING LAND TRUST By: Its: And: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004, by and , the and the of , a Minnesota on behalf of said . Notary Public My Commission Expires 10 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1 The City/ies, as identified in this Exhibit,will provide the Provider with Urban Hennepin County Community Development Block Grant funds to assist Provider in funding the activity/ies in the amount and under the stipulations individually specified in the Project Description/Projected Use of Funds. Eden Prairie WHAHLT—Acquisition/Home Ownership Initiative/Land Trust $148,900 * Orono WHAHLT—Acquisition/Home Ownership Initiative/Land Trust 40,000 Robbinsdale WHAHLT—Acquisition/Home Ownership Initiative/NCRC 50,000 * See Exhibit 3 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 2004 Community Development Block Grant (CDBG) program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget(OMB) Circular A-110 (Attachments F and G). Specifically, our organization's financial management system provides for the following: 1. Accurate,current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Circular A- 110, Attachment G (Financial Reporting Requirements). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required,comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the county to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements.The audits are conducted on an organization-wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 10. Organizations (subrecipients)that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date.The undersigned recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients,and on the authorized official whose signature appears below. Date Organization Name By: Chief Financial Officer THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 3 Notwithstanding the provisions of this Agreement, including Exhibit 1, and of that certain Subrecipient Agreement, Urban Hennepin County Community Development Block Grant Program made by and between the County of Hennepin and the City of Eden Prairie (the "City") and pursuant to Article 3 of the Subrecipient Agreement whereby City and Provider have entered into this Agreement, Hennepin County, with respect to the funds allocated to the City for that certain activity to be undertaken by Provider at 16301 Valley View Road, Eden Prairie, Minnesota, Hennepin County shall provide and pay directly to WHAHLT$42,000.00 of the Community Development Block Grant Funds. Hennepin County Contract No.A041106 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is entered into this day of , 2004 (the "Effective Date") by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, with an address of A-2303 Government Center, 300 South Sixth Street, Minneapolis, MN 55487 (the "Seller") and the CITY OF EDEN PRAIRIE, a political subdivision of the State of Minnesota, with an address of 8080 Mitchell Road, Eden Prairie, MN 55344 (the "Buyer"). This Agreement sometimes refers to Seller and Buyer individually as a"Party" and collectively as the "Parties". RECITALS WHEREAS, Seller is the owner of the real property which is legally described on the attached Exhibit A, and located in the City of Eden Prairie, Hennepin County, Minnesota (the "Property"); and WHEREAS, Buyer desires to purchase the Property for the purpose of future development of the Property; and WHEREAS, Seller is willing to sell the Property to Buyer for a public use in accordance with Minnesota Statutes Section 465.035, and subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises made herein, the Parties agree as follows: 1. Property. The term "Property" as used in this Agreement refers to the real property legally described in Exhibit A, and shall include all hereditaments and appurtenances to the Property. 2. Purchase and Sale. Seller agrees to sell the Property to Buyer pursuant to the terms of this Agreement, and Buyer agrees to purchase the Property from Seller pursuant to the terms of this Agreement. 3. Purchase Price. The total purchase price to be paid by Buyer for the purchase of the Property is Twenty-One Thousand and 00/100 Dollars ($21,000.00) (the "Purchase Price"). Buyer shall pay the Purchase Price at Closing. 4. Conveyance Terms. At Closing, Seller shall execute and deliver to Buyer a Quit Claim Deed (the "Deed") conveying marketable fee title to the Property to Buyer subject to a reservation of mineral rights by Seller in accordance with Minnesota Statutes Section 373.01, subd. 1. 5. Possession. Seller shall deliver possession of the Property to Buyer at Closing. 6. CIosing. The closing of the transaction contemplated by this Agreement (the "Closing") shall occur at Hennepin County Department of Housing, Community Works and Transit,417 North Fifth Street, Suite 320,Minneapolis,Minnesota, or at such other place agreed upon by the Parties, on August 24, 2004, or on such other date as may be agreed upon by the parties. (a) At Closing, Seller shall: i) execute and deliver to Buyer the Deed; ii) execute and deliver to Buyer an affidavit evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Property,unrecorded interests affecting the Property of which Seller has knowledge, persons in possession of the Property and known encroachments or boundary line questions affecting the Property; iii) execute and deliver to Buyer any other document that is reasonably requested of Seller. (b) At Closing,Buyer shall: i) tender the Purchase Price to Seller pursuant to the provisions of Section 3 above; ii) execute and deliver to Seller any other document that is reasonably requested of Buyer. 7. Prorations. Seller and Buyer agree to the following proration and allocation of costs regarding this Agreement: (a) Deed Tax. Buyer shall pay all state deed tax regarding this Agreement. (b) Real Estate Taxes and Special Assessments. The Parties shall pay the real estate taxes and special assessments as follows: i) at or before Closing, Seller shall pay all real estate taxes due and payable with respect to the Property as of the date of Closing; ii) at or before Closing, Seller shall pay all special assessments due and payable against the Property as of the date of Closing; 2 iii) Buyer shall pay all real estate taxes due and payable following the date of Closing; iv) Buyer shall pay all special assessments due and payable against the Property following the date of Closing. (c) Recording costs. Buyer will pay the cost of recording all documents regarding this Agreement. (d) Title Insurance and Closing Fee. Buyer will pay all costs, if any, associated with the Title Commitment,title insurance,or closing fees. 8. Seller's Representations and Warranties. (a) Authority. Seller hereby represents and warrants to Buyer, which representation and warranty shall survive the Closing that the individuals executing this Agreement on behalf of Seller has the legal authority and the legal capacity to execute this Agreement on behalf of Seller and to bind Seller and that Seller has the full and complete authority to enter into this Agreement and to sell the Property. (b) Title to Real Property. The County will convey its interest in the real property by quit claim deed. It is assumed that the City has satisfied itself as to the condition of the title interest to be conveyed. (c) Environmental. The Property is being sold "AS IS, WHERE IS". It is assumed that the City has investigated the site and developed its own conclusions regarding its condition. 9. Bayer's Representations and Warranties. Buyer hereby represents and warrants to Seller , which representation and warranty shall survive the Closing that the individuals executing this Agreement on behalf of Buyer has the legal authority and the legal capacity to execute this Agreement on behalf of Buyer and to bind Buyer and that Buyer has the full and complete authority to enter into this Agreement and to purchase the Property. 10. Unless waived by Buyer in writing, Buyer's obligation to purchase the Property shall be contingent upon the following: (a) Title. Title shall be found acceptable based on review of a commitment ("Title Commitment") for an ALTA Form B 1992 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Guaranty Commercial Title, Inc. ("Title"). The Title Commitment will commit Title to insure title to the Property subject only to the 3 Permitted Encumbrances. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. (b) Buyer's Objections. Within ten (10) days after receiving the last of the Title Commitment, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance"pursuant to this Agreement. (c) Phase I. Buyer shall have approved, in Buyer's sole discretion, a Phase I Environmental Report (prepared in accordance with ASTM E 1527-00, or the current ASTM standard for Phase I environmental site assessments) to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer(the"Phase I"). Buyer shall cause the Phase Ito be prepared at Buyer's cost and expense. Within ten (10) days after receiving the Phase I, Buyer shall make written objections ("Objections") to the report. Buyer's obligation to purchase the Property shall be subject to and contingent upon approval of the Phase I report in Buyer's sole discretion. The "Contingency Date" shall be that date which is thirty (30) days after the date this Purchase Agreement has been executed by both parties and delivered to Buyer (hereinafter the "Execution Date"). If any of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination (a)Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, and (c) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 11. Time. Time is of the essence for all provisions of this Agreement. 12. Survival of Terms. The Parties' obligations under this Agreement and the representations and warranties which the Parties have recited in this Agreement shall survive Seller's delivery of the Deed to Buyer and the closing of this transaction, subject only to the specific limitations set forth in this Agreement. 13. Notices. All notices provided for in this Agreement shall be in writing. The notice shall be effective two (2) business days after the date the Party sending such notice deposits the notice with the United States Postal Service with all necessary postage paid, for delivery to the other Party via first class mail, at the address set forth below, or on the date of 4 faxing provided a copy of the same is deposited in the mail on the date of faxing as required hereby. Buyer: Seller: Ms.Molly Koivumaki Manager, Leasing and Land Management City of Eden Prairie Housing, Community Works&Transit 8080 Mitchell Road 417 North Fifth Street, Suite 320 Eden Prairie,MN 55344 Minneapolis, MN 55401 Copy to: Richard F.Rosow,Esq. Gregerson,Rosow,Johnson, &Nilan, Ltd. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 If a Party delivers a notice provided for in this Agreement in a different manner than described in the preceding sentence, notice shall be effective as of the date the other party actually receives the notice. 14. Full Agreement. The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the Property and all matters related to the purchase and sale of the Property. This Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. 15. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. 16. Brokers. Each Party represents to the other that it has not retained any broker or agent to represent it in this transaction. Each Party warrants that it shall indemnify the other for any claims, demands, causes of action and costs and reasonable attorneys fees arising from any broker or agent claiming a commission or fee with respect to this transaction. 17. Assignment. Neither party may assign its interest under this Agreement without the prior written consent of the other. 18. Counter parts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. 5 19. Third Party Beneficiary. There are no third party beneficiaries of this Agreement,intended or otherwise. 20. No Joint Venture, Partnership. Seller and Buyer, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered joint venturers or partners. 21. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. SELLER: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of County Board PURCHASER: CITY OF EDEN PRAIRIE By: Nancy-Tyra Lukens,Mayor And: Scott Neal,City Manager 6 HENNEPIN COUNTY ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2004, before me appeared and and to me personally known, who did say that they are the Chair and the Clerk of the County Board, and the Assistant/Deputy/County Administrator, respectively, of the County of Hennepin, a public corporation and political subdivision of the State of Minnesota, the corporation described herein and who executed the foregoing instrument; and that said instrument was executed on behalf of said corporation by authority of its Board of Directors or other Governing Body; and they acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires CITY OF EDEN PRAIRIE ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2004, before me appeared Nancy Tyra- Lukens and Scott Neal to me personally known, who did say that they are the Mayor and City Manager, respectively, of the City of Eden Prairie, described herein and who executed the foregoing instrument; and that said instrument was executed on behalf of said corporation by authority of its Board of Directors or other Governing Body; and he/she acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires P:U-lome\EP\Conununity Dev\16301 Valley View Road\Pnrchase Agreement-1-031904.doc 7 EXHIBIT A Legal Description All that part of the following described tract: That part of the Southeast Quarter of Section 8, Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows; Beginning at a point in the North line of the Southeast Quarter of said Section 8, distant 1170.0 feet West of the Northeast corner of the Southeast Quarter of said Section 8; thence at a bearing of South 2 degrees, 44 minutes East a distance of 208.0 feet; thence East parallel with the said North line of the Southeast Quarter a distance of 208.0 feet; thence at a bearing of North 2 degrees, 44 minutes West a distance of 208.0 feet to the said North line of the Southeast Quarter; thence West along said North line to the point of beginning except the north 65.0 feet thereof For the purpose of this description, the North line of the Southeast Quarter of Section 8 Township 116 Range 22, is assumed to be a due East and West line, which lies easterly, southeasterly and southerly of a line run parallel with and distant 20.0 feet easterly, southeasterly and southerly of a line described as follows: Commencing at the northeast corner of the above described tract; thence run westerly along the north line thereof a distance of 64.72 feet to the point of beginning of the line to be described; thence southerly, deflecting to the left 92 degrees 04 minutes 16 seconds a distance of 9.16 feet;thence southwesterly 64.26 feet along a tangential curve concave to the northwest having a radius of 40.00 feet and a central angle of 92 degrees 02 minutes 42 seconds; thence westerly, tangent to said curve, 68.59 feet; thence northwesterly 36.96 feet along a tangential curve concave to the northeast having a radius of 66.00 feet and a central angle of 32 degrees 05 minutes 03 seconds; thence northwesterly 73.94 feet along a reverse curve concave to the southwest having a radius of 100.0 feet and said line there terminating. 8 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is entered into this day of 2004 (the "Effective Date") by and between the CITY OF EDEN PRAIRIE, a political subdivision of the State of Minnesota, with an address of 8080 Mitchell Road, Eden Prairie, Minnesota, 55344 (the "Seller") and the WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST ("WHAHLT"), with an address of 5101 Thimsen Avenue, Suite 200, Minnetonka, Minnesota, 55345 (the "Buyer"). This Agreement sometimes refers to Seller and Buyer individually as a"Party" and collectively as the"Parties". RECITALS WHEREAS, Seller is the owner of the real property which is legally described on the attached Exhibit A, and located in the City of Eden Prairie, Hennepin County, Minnesota (the "Property"); and WHEREAS, Buyer desires to purchase the Property for the purpose of future development of the Property. NOW, THEREFORE, in consideration of the mutual promises made herein, the Parties agree as follows: 1. Property. The term "Property" as used in this Agreement refers to the real property legally described in Exhibit A, and shall include all hereditaments and appurtenances to the Property. 2. Purchase and Sale. Seller agrees to sell the Property to Buyer pursuant to the terms of this Agreement, and Buyer agrees to purchase the Property from Seller pursuant to the terms of this Agreement. 3. Purchase Price. The total purchase price to be paid by Buyer for the purchase of the Property is Forty- Two Thousand and 00/100 Dollars ($42,000.00) (the "Purchase Price"). Buyer shall pay the Purchase Price at Closing. 4. Conveyance Terms. At Closing, Seller shall execute and deliver to Buyer a Quit Claim Deed (the "Deed") conveying marketable fee title to the Property to Buyer subject to a reservation of mineral rights in accordance with Minnesota Statutes Section 373.01, subd. 1. 5. Possession. Seller shall deliver possession of the Property to Buyer at Closing. 6. Closing. The closing of the transaction contemplated by this Agreement (the "Closing") shall occur at the office of the title company, or at such other place as may be agreed to by the parties. (a) At Closing, Seller shall: i) execute and deliver to Buyer the Deed; ii) execute and deliver to Buyer an affidavit evidencing the absence of bankruptcies, judgments, or tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Property,unrecorded interests affecting the Property of which Seller has knowledge, persons in possession of the Property and known encroachments or boundary line questions affecting the Property; iii) execute and deliver to Buyer any other document that is reasonably requested of Seller. (b) At Closing, Buyer shall: i) tender the Purchase Price to Seller pursuant to the provisions of Section 3 above; ii) execute and deliver to Seller any other document that is reasonably requested of Buyer. 7. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Deed Tax. Buyer shall pay all state deed tax regarding this Agreement. (b) Real Estate Taxes and Special Assessments. The Parties shall pay the real estate taxes and special assessments as follows: i) at or before Closing, Seller shall pay all real estate taxes due and payable with respect to the Property as of the date of Closing; ii) at or before Closing, Seller shall pay all special assessments due and payable against the Property as of the date of Closing; iii) Buyer shall pay all real estate taxes due and payable following the date of Closing; iv) Buyer shall pay all special assessments due and payable against the Property following the date of Closing. (c) Recording costs. Buyer will pay the cost of recording all documents regarding this Agreement. 2 (d) Title Insurance and Closing Fee. Buyer will pay all costs, if any, associated with the Title Commitment,title insurance, or closing fees. 8. Seller's Representations and Warranties. (a) Authority. Seller hereby represents and warrants to Buyer, which representation and warranty shall survive the Closing that the individuals executing this Agreement on behalf of Seller have the legal authority and the legal capacity to execute this Agreement on behalf of Seller and to bind Seller and that Seller has the full and complete authority to enter into this Agreement and to sell the Property. (b) Title to Real Property. The Seller will convey its interest in the real property by quit claim deed. It is assumed that the Buyer has satisfied itself as to the condition of the title interest to be conveyed. (c) Environmental. The Property is being sold "AS IS, WHERE IS". It is assumed that the Buyer has investigated the site and developed its own conclusions regarding its condition. 9. Buyer's Representations and Warranties. Buyer hereby represents and warrants to Seller, which representation and warranty shall survive the Closing that the individuals executing this Agreement on behalf of Buyer have the legal authority and the legal capacity to execute this Agreement on behalf of Buyer and to bind Buyer and that Buyer has the full and complete authority to enter into this Agreement and to purchase the Property. 10. Unless waived by Buyer in writing, Buyer's obligation to purchase the Property shall be contingent upon the following: (a) Title. Title shall be found acceptable based on review of a commitment ("Title Commitment") for an ALTA Form B 1992 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Guaranty Commercial Title, Inc. ("Title"). The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. 3 (b) Buyer's Objections. Within ten (10) days after receiving the Title Commitment, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer shall be a"Permitted Encumbrance" pursuant to this Agreement. (c) Phase I. Buyer shall have approved, in Buyer's sole discretion, a Phase I Environmental Report (prepared in accordance with ASTM E 1527-00, or the current ASTM standard for Phase I environmental site assessments) to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer(the"Phase I"). Buyer shall cause the Phase Ito be prepared at Buyer's cost and expense. Within ten (10) days after receiving the Phase I, Buyer shall make written objections ("Objections") to the report. Buyer's obligation to purchase the Property shall be subject to and contingent upon approval of the Phase I report in Buyer's sole discretion. The "Contingency Date" shall be that date which is thirty (30) days after the date this Purchase Agreement has been executed by both parties and delivered to Buyer (hereinafter the "Execution Date"). If any of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination (a)Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, and (c) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 11. Time. Time is of the essence for all provisions of this Agreement. 12. Survival of Terms. The Parties' obligations under this Agreement and the representations and warranties which the Parties have recited in this Agreement shall survive Seller's delivery of the Deed to Buyer and the closing of this transaction, subject only to the specific limitations set forth in this Agreement. 13. Notices. All notices provided for in this Agreement shall be in writing. The notice shall be effective two (2) business days after the date the Party sending such notice deposits the notice with the United States Postal Service with all necessary postage paid, for delivery to the other Party via first class mail, at the address set forth below, or on the date of faxing provided a copy of the same is deposited in the mail on the date of faxing as required hereby. 4 Buyer: Seller: WHAHLT Ms.Molly Koivumaki 5101 Thimsen Avenue, Suite 200 City of Eden Prairie Minnetonka,MN 55345 8080 Mitchell Road Eden Prairie, MN 55344 Copy to: Richard F.Rosow,Esq. Gregerson,Rosow, Johnson, &Nilan,Ltd. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 If a Party delivers a notice provided for in this Agreement in a different manner than described in the preceding sentence, notice shall be effective as of the date the other party actually receives the notice. 14. Full Agreement. The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the Property and all matters related to the purchase and sale of the Property. This Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. 15. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. 16. Brokers. Each Party represents to the other that it has not retained any broker or agent to represent it in this transaction. Each Party warrants that it shall indemnify the other for any claims, demands, causes of action and costs and reasonable attorneys fees arising from any broker or agent claiming a commission or fee with respect to this transaction. 17. Assignment. Neither party may assign its interest under this Agreement without the prior written consent of the other. 18. Counter parts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. 19. Third Party Beneficiary. There are no third party beneficiaries of this Agreement, intended or otherwise. 5 20. No Joint Venture, Partnership. Seller and Buyer, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered joint venturers or partners. 21. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. SELLER: PURCHASER: CITY OF EDEN PRAIRIE WHAHLT By: By: Nancy Tyra-Lukens,Mayor Its: And: By: Scott Neal, City Manager Its: CITY OF EDEN PRAIRIE ACKNOWLEDGEMENT STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 2004, before me appeared Nancy-Tyra Lukens and Scott Neal to me personally known, who did say that they are the Mayor and City Manager, respectively, of the City of Eden Prairie, a political subdivision of the State of Minnesota, of the City of Eden Prairie, described herein and who executed the foregoing instrument; and that said instrument was executed on behalf of said corporation by authority of its Board of Directors or other Governing Body; and he/she acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires 6 WHAHLT ACKNOWLEDGEMENT STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 2004, before me appeared and to me personally known, who did say that they are the and , respectively, of WHAHLT, the corporation described herein and who executed the foregoing instrument; and that said instrument was executed on behalf of said corporation by authority of its Board of Directors or other Governing Body; and they acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission Expires P:\Home\EP\Community Dev\16301 Valley View Road\2nd Purchase Agreement-1-082604.doc 7 EXHIBIT A Legal Description All that part of the following described tract: That part of the Southeast Quarter of Section 8, Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows; Beginning at a point in the North line of the Southeast Quarter of said Section 8, distant 1170.0 feet West of the Northeast corner of the Southeast Quarter of said Section 8; thence at a bearing of South 2 degrees, 44 minutes East a distance of 208.0 feet; thence East parallel with the said North line of the Southeast Quarter a distance of 208.0 feet; thence at a bearing of North 2 degrees, 44 minutes West a distance of 208.0 feet to the said North line of the Southeast Quarter; thence West along said North line to the point of beginning except the north 65.0 feet thereof. For the purpose of this description, the North line of the Southeast Quarter of Section 8 Township 116 Range 22, is assumed to be a due East and West line, which lies easterly, southeasterly and southerly of a line run parallel with and distant 20.0 feet easterly, southeasterly and southerly of a line described as follows: Commencing at the northeast corner of the above described tract; thence run westerly along the north line thereof a distance of 64.72 feet to the point of beginning of the line to be described; thence southerly, deflecting to the left 92 degrees 04 minutes 16 seconds a distance of 9.16 feet;thence southwesterly 64.26 feet along a tangential curve concave to the northwest having a radius of 40.00 feet and a central angle of 92 degrees 02 minutes 42 seconds; thence westerly, tangent to said curve, 68.59 feet; thence northwesterly 36.96 feet along a tangential curve concave to the northeast having a radius of 66.00 feet and a central angle of 32 degrees 05 minutes 03 seconds; thence northwesterly 73.94 feet along a reverse curve concave to the southwest having a radius of 100.0 feet and said line there terminating. 8 CITY COUNCIL AGENDA DATE: 09/07/2004 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VIII.A. Community Development/Planning Hilltop Town Office Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 6.89 acres;and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Office Zoning District on 6.89 acres; and • Adopt the Resolution for Preliminary Nat on 6.89 acres into 16 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for five town office buildings totaling 15 units. The total size of all buildings is 39,749 sq.ft. Community Planning Board Recommendation This project was first reviewed by the Community Planning Board at the July 12, 2004 meeting. The Board voted to continue the item and directed the developer to revise plans to include right of way for a future turn lane.The Board also directed the developer to revise the grading plan and construct retaining walls necessary to accommodate the right turn lane. At the August 9,2004 meeting the Community Planning Board voted 7-0 to recommend approval of the project to the City Council based on revised plans with right of way and retaining walls to allow the construction of a right turn lane. Background Information This site is part of the Wilson Learning Center PUD approved in 1986 for office use. Twenty- thousand square feet of office was anticipated for this property. PUD waivers are requested for lot size and dimension,building setback,development on a shoreland bluff,and impervious surface. Lot size and dimension are due to platting each building unit for individual sale,the bluff was a result of previous grading; impervious surface includes existing Wilson Ridge driveway, and building setback due to additional right of way dedication. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff reports dated July 9, 2004 and August 6, 2004 4. Community Planning Board minutes dated July 12, 2004 and August 9, 2004 HILLTOP TOWN OFFICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HILLTOP TOWN OFFICES FOR ARIMA,LLC 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 public hearings on July 12, 2004 and August 9, 2004, on Hilltop Town Offices by Arima,LLC 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 7, 2004. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hilltop Town Offices, 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 stamp dated August 27, 2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated July 12, 2004 and August 9, 2004. ADOPTED by the City Council of the City of Eden Prairie this 7th day of September, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk EXHIBIT A PUD Concept-Hilltop Town Offices Legal Description: Parcel 1: Certificate of Title No. 81034711 That part of Lot 2, Block 1, WILSON RIDGE 3rd ADDITION, lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the West Half of the Southwest Quarter of Section 12;Township 116,Range 22;thence South along the east line thereof, a distance of 808.5 feet;thence southwesterly to a point in the center line of Valley View Road, as shown in the plat of WILSON RIDGE, distant 15.5 feet Westerly as measured along said center line from the east line of said West Half of the Southwest Quarter, and said line there terminating, and situate in Hennepin County, Minnesota. Parcel 2: Abstract Property That part of Lot 2, Block 1, WILSON RIDGE 3rd ADDITION, except that part of said lot lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the west Half of the Southwest Quarter of Section 12;Township 116, Range 22;thence South along the east line thereof, a distance of 808.5 feet;thence southwesterly to a point in the center line of Valley View Road, as shown in the plat of WILSON RIDGE, distant 15.5 feet Westerly as measured along said center line, from the east line of said West Half of the Southwest Quarter, and said line there terminating, and situate in Hennepin County,Minnesota. HILLTOP TOWN OFFICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HILLTOP TOWN OFFICES FOR ARIMA,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hilltop Town Offices for Arima,LLC stamp dated August 27,2004, and consisting of 6.89 acres into 16 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of September,2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta,City Clerk STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen, City Planner FROM: Scott A.Kipp, Senior Planner DATE: July 9, 2004 SUBJECT: Hilltop Town Offices APPLICANT/ OWNER: Arima,L.L.C. LOCATION: 7840 Flying Cloud Drive REQUEST: 1. Planned Unit Development Concept Review on 6.89 acres 2. Planned Unit Development District Review with waivers on 6.89 acres 3. Zoning District Amendment within the Office District on 6.89 acres 4. Site Plan Review on 6.89 acres 5. Preliminary Plat of 6.89 acres into 16 lots BACKGROUND Staff Report—Hilltop Town Offices July 9,2004 Page 2 This site is part of the Wilson Learning Center PUD approved in 1986 for office use. The Comprehensive Guide Plan shows the site as Office and is zoned Office. Surrounding land uses consist of High Density Residential to the north, Open Space and High Density Residential to the east, Office to the south, and Industrial to the west. Twenty-thousand square feet of office was anticipated for this property as part of the Wilson Learning Center PUD. SITE PLAN AND PRELIMINARY PLAT The site plan shows five town office buildings,with a total of 15 units. The total size of all buildings is 39,749 sq. ft. The proposed base area ratio is .06 and floor area ratio is .13. City Code permits up to a.30 base area ratio and a .50 for floor area ratio in the Office zoning district. City code requires 199 parking stalls based on one space for every 200 sq. ft. of building. A total of 204 parking stalls are provided meeting City Code. All parking and structures meet the setback requirements for the Office Zoning District. Access is provided from the existing driveway serving the Wilson Learning building. The preliminary plat shows the site subdivided into 16 lots. Fifteen lots will encompass the individual office suites. Lot 16 is for the shared parking area and green space. This type of platting will require a PUD waiver for the individual office suite lots, and is discussed in the PUD Waiver section of this report. SHORELAND CODE The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements for Office sites. • Minimum lot size—2 acres • Minimum lot width at building line- 150 feet • Minimum lot width at Ordinary High Water Level— 150 feet • Minimum setback from Ordinary High Water Level— 150 feet The project meets these requirements. Staff Report—Hilltop Town Offices July 9,2004 Page 3 Additional requirements within a shoreland area include: • No development or alteration permitted on a bluff,which is a slope that averages 30%or greater. Bluff exists along the east side of the property. Alteration is proposed in this area. • No more than 30% impervious surface area on the property. Impervious surface area is 34%. These issues are discussed further in the PUD waiver section of this report. PLANNED UNIT DEVELOPMENT WAIVERS The following Planned Unit Development waivers are proposed for the project: 1. Lot sizes ranging between 1,760 sq. ft.and 2,090 sq.ft.for Lots 1 through 15. City code requires a minimum lot size of 20,000 sq. ft. The site is over 300,000 sq. ft. However,the waiver will permit the platting necessary to sell each lot containing an office suite. 2. Lot dimensions to 32 feet in width and 55 feet in depth. City code width and depth is 100 feet. As stated above, the waiver is necessary to permit sale of each lot containing an office suite. 3. To permit development on a shoreland bluff. City code does not permit development or alteration on a shoreland bluff. This waiver may have merit since this bluff was manmade as a result of grading of the property when the Wilson Learning Center was built. This was prior to the shoreland bluff requirement. 4. Impervious surface area of 34%within a shoreland area. City code maximum is 30%. This waiver may have merit since the project has a lower floor area ratio than permitted by code,the existing driveway is included in the percentage, and that the City was granted a flexibility request to the shoreland code for Lake Smetana for impervious surfaces up to 70%. TREE LOSS AND LANDSCAPING There are 742 diameter inches of significant trees on the property. All existing trees are part of the original landscaping for the Wilson Learning building. Proposed tree loss is 404 diameter inches. Tree replacement is 291 caliper inches and is provided in the plan. Landscaping is required based on total building size for a total of 124 caliper inches. The plan Staff Report—Hilltop Town Offices July 9,2004 Page 4 meets the landscaping requirements. All landscaped areas shall be irrigated. RIGHT-OF-WAY In anticipation for future roadway improvements adjacent to the property,the following right-of-way shall be dedicated with the platting of this property: • 17 feet adjacent to Valley View Road for the full length of the property. • 10 feet adjacent to Flying Cloud Drive for the full length of the property. • Right-of-way consistent with the attached Attachment A in the southwest corner of the Flying Cloud Drive/Valley View Road Intersection. • Temporary construction easements at no cost. As part of the construction of the office suites project, these areas of right-of-way for future roadway improvements should be graded to elevations similar to the adjacent existing back of curb elevations with boulevards at a 3%slope.The grading plan should be revised to show this grading. Revised plans should be revised prior to City Council review. UTILITIES AND DRAINAGE Sanitary sewer and water will serve the site from lines in Flying Cloud Drive. Storm water will be treated onsite to NURP standards. Some rain water gardens are also used adjacent to most of the buildings. SIDEWALKS A five-foot sidewalk is proposed along the east side of the entrance drive connecting to the public sidewalk along Flying Cloud Drive. ARCHITECTURE The proposed structures are one-story and two-story walkouts approximately 22 feet in height. The design incorporates face brick facades, cultured stone columns, decks, and pitched roofs with dormers. Exterior materials meet the City Code requirement of 75%face brick, glass, or natural stone, except for the two-unit building which contains 57% of these materials. The elevations for this unit type should be revised to meet City code. LIGHTING Staff Report—Hilltop Town Offices July 9,2004 Page 5 Since the site is adjacent to residential areas, all site lighting shall be restricted to downcast cut- off shoebox fixtures not to exceed 20 feet in height. TRAVEL DEMAND MANAGEMENT A draft Travel Demand Management Plan (TDM)has been submitted. The Plan and budget for the letter of credit that will be incorporated into the Plan will need to be completed prior to any building permit issuance. SUMMARY Staff supports the development of the property with the revisions identified in this report. The proposed waivers may have merit since the development maintains a low floor area ratio than permitted by code, and the method of platting is necessary for the sale of individual office suites. The revisions identified in this report should be incorporated in the plans and reviewed by the Community Planning Board prior to a recommendation to the City Council. STAFF RECOMMENDATION Recommend continuance of the project to the August 9,2004 Community Planning Board meeting and direct the proponent to revise the plans as follows. 1. Revise the preliminary plat to show: A. 17 feet of additional right-of-way adjacent to Valley View Road for the full length of the property. B. 10 feet of additional right-of-way adjacent to Flying Cloud Drive for the full length of the property. C. Additional right-of-way consistent with Attachment A in the southwest corner of the Flying Cloud Drive/Valley View Road Intersection. 2. Revise the grading plan to show these areas of right-of-way for future roadway improvements graded to elevations similar to the adjacent existing back of curb elevations with boulevards at a 3%slope. 3. Revise the architectural elevations to provide a minimum of 75%face brick,glass,and natural stone STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen, City Planner FROM: Scott A.Kipp, Senior Planner DATE: August 6, 2004 SUBJECT: Hilltop Town Offices APPLICANT/ OWNER: Arima, L.L.C. LOCATION: 7840 Flying Cloud Drive REQUEST: 1. Planned Unit Development Concept Review on 6.89 acres 2. Planned Unit Development District Review with waivers on 6.89 acres 3. Zoning District Amendment within the Office District on 6.89 acres 4. Site Plan Review on 6.89 acres 5. Preliminary Plat of 6.89 acres into 16 lots BACKGROUND Staff Report—Hilltop Town Offices August 6,2004 Page 2 This project was continued at July 12,2004 Community Planning Board meeting for the developer to incorporate the following plan changes: 1. Revise the preliminary plat to show: A. 17 feet of additional right-of-way adjacent to Valley View Road for the full length of the property. B. 10 feet of additional right-of-way adjacent to Flying Cloud Drive for the full length of the property. C. Additional right-of-way consistent with Attachment A in the southwest corner of the Flying Cloud Drive/Valley View Road Intersection. (Note:The required right-of-way in the southwest corner is reduced from that shown in the July 9,2004 staff report) 2. Revise the grading plan to show these areas of right-of-way for future roadway improvements graded to elevations similar to the adjacent existing back of curb elevations with boulevards at a 3%slope. 3. Revise the architectural elevations to provide a minimum of 75%face brick,glass,and natural stone The plans have been revised according to the Community Planning Board recommendation. PUD WAIVER The dedication of additional right-of-way along Flying Cloud Drive has created the need for a front yard setback waiver to 25 feet for the four unit building. City code requires a 35-foot setback. Shifting the building is not possible. This waiver may have merit since the additional right-of-way and grading at no cost to the City prepares the area to accommodate a future turn lane at the intersection. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 6.89 acres • Planned Unit Development District Review with waivers on 6.89 acres • Zoning District Amendment within the Office District on 6.89 acres • Site Plan Review on 6.89 acres • Preliminary Plat of 6.89 acres into 16 lots This is based on plans dated June 28, 2004 and August 6, 2004,the staff reports dated July 9, 2004 and August 6, 2004, and the following conditions: Staff Report—Hilltop Town Offices August 6,2004 Page 3 1. Prior to release of the final plat,the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping surety equivalent to 150%of the cost of the landscaping. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. E. Submit a final TDM Plan. 4. The following waivers are granted as part of the PUD: A. Lot sizes ranging between 1,760 sq. ft. and 2,090 sq. ft. for Lots 1 through 15. City code requires a minimum of 20,000 sq. ft. B. Lot dimensions to 32 feet in width and 55 feet in depth. City code width and depth is 100 feet. C. To permit development on a shoreland bluff. City code does not permit development or alteration on a shoreland bluff. D. Impervious surface area of 34%within a shoreland area. City code maximum is 30%. E. Front yard structure setback of 25 feet for the four unit building. City code Staff Report—Hilltop Town Offices August 6,2004 Page 4 requires 35 feet in the office zoning district. Community Planning Board July 12,2004 Page 1 V. PUBLIC HEARING A. HILLTOP TOWN OFFICES by Arima, L.L.C. Request for Planned Unit Development Concept Review 6.89 acres, Planned Unit Development District Review with waivers on 6.89 acres, Zoning District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres, and Preliminary Plat of 6.89 acres into 16 lots. Location: 7480 Flying Cloud Drive. Peter Hilger, Portfolio Design Services, said there were representatives from Arima, the civil engineer, and architect working on the project present to answer any questions. Hilger indicated that they would like to have discussions on a couple of issues in the staff report. Hilger said they are willing to dedicate right-of-way, but the City has asked them to revise the grading plan to show the areas of right-of-way graded to elevations similar to the adjacent existing back of curb elevations with boulevards at a 3% slope for future roadway improvements. Hilger does not agree with the request to grade the right-of-way. Hilger commented that the original PUD was approximately 20,000 square feet, and Arima is proposing approximately 37,000 square feet, but the units are quite different, because they are for sale and are not leased. The units will be mortgaged. Even though there is a much higher square footage, there will be a very low density of use. The units are different than other office units, there are walkout basements and only one side of the building has a window. Even though there would be 37,000 square feet, the occupancies in this type of development might be anywhere from 45 to 90 occupants. When you divide that square footage per occupant, there is one occupant per 300 square feet. The building code requires that you calculate exiting on the basis of one occupant per 100 square feet. The Wilson would probably be one per 150-225 square feet per occupant. Even though there is higher square footage, this development would generate much less traffic on this type of development than a comparable development that might have been considered. Hilger commented that the necessity to trigger roadway improvements at this time for this development does not seem warranted. The requirement to provide grading in the right-of-way does not seem correct at this time. If at any time, the right-of-way would need to be developed, Arima would pay assessments for their cost of the grading. Hilger commenting on the staff report to revise the architectural elevations to provide a minimum of 75% face brick, glass, and natural stone, with all three buildings combined this development meets this requirement. Hilger said that there is a considerable amount of frontage on the building, and there is a one-story building that does not have as much frontage. Hilger said that the exterior elevations, which are typical for the development, have an established roofline, below which everything is brick, masonry and glass, above which the principle dormers are shown to be stucco along with the lesser dormers. This pattern is carried all the Community Planning Board July 12,2004 Page 2 way across the building. With the single buildings, they follow the same pattern of the dormers. Because this the buildings have less wall area, the development does not quite fit the 75% on this building, which is 57%. Hiker said that a waiver on that issue is requested, because they can meet 75% of all three buildings combined. Several buildings are at 87%and some are at 57%,but when you average the amount of brick, masonry and glass on all the buildings, they meet the requirement. Hiker urged the Board to move the process forward and would rather not have it continued. Franzen indicated that on page 3 of the staff report there were four waivers. Franzen said that the City is under no obligation to grant waivers, but without these waivers there would not be a development. Franzen commented that since he has been with the City, it has been the City's policy to have the developer pay their own way. Since the developer is asking for an additional 17,000 square feet, the City thinks that they are treating the developer fairly. Franzen said that the City is okay with the waivers, but they are not sure about the waiver of building materials, but may need to look at different elevations. Franzen indicated that the Board needs to look at whether to grant the waivers, is the right-of-way grading reasonable, and should the developer adhere to the 75% building material requirement. Gray said four years ago most of the office buildings were occupied, which is currently not been the case. However, as the economy picks up, more offices will again be occupied and additional traffic will become an issue. Gray explained that office developments should contribute to the roads since the traffic will increase. Gray said that if the right-of-way was graded after the development was in place, landscaping would be disturbed. There are a lot of advantages of doing the grading at this time. The City is trying to represent the interests of future tenants. Gray explained that the City is asking that the right-of-way be graded at this time, because it would be more cost effective. The purpose of grading the right-of-way is the future expansion of the roadways which is inevitable. The City expects future traffic to be greater; the intersections will need signals, etc. to function properly. Rocheford asked if it fair to request the developer to grade the right-of-way when the improvements benefit everyone. Rocheford asked what it would cost to grade the right-of-way Mike Manning,Arima Engineer, said it would cost approximately$130,000. Rocheford thought that the cost should be borne by all benefiting property owners including Valley Road. Gray indicated that the City has made similar agreements with other developers and the issues were able to be resolved. Additional grading is not irresponsible to ask for this type of Guide Plan change. Gray reiterated that it would be much Community Planning Board July 12, 2004 Page 3 more difficult to grade later, than to do it now. Gray said that since the City is allowing an increase in office square footage, it is fair to request the developer to grade the right-of-way. Nelson said that if the project were built without a zoning change, the project would be one-half the size. Since the project is on a bluff, there will be steep slopes with retaining walls, it would be advisable to do the grading at this time and have it done right. Nelson supported the idea of grading the right-of-way at this time. The Board members agreed that the grading of the right-of-way should be done now rather than in the future. Rocheford had no comment on the issue. Nelson and Stoelting preferred that the development met the 75% on the building materials. The other Board members indicated that they had no objection to the applicant's proposal for building materials. The Board members supported the four waivers as listed in the staff report. Stoelting asked Hilger if they were agreeable to continuing the public hearing. Hilger said that they were not objectionable to continuing the public hearing. Soelting asked Hilger to bring a representation of the proposed building materials to the next meeting. Hilger agreed. MOTION by Seymour, seconded by Nelson to continue the public hearing of Hilltop Town Offices to August 9, 2004. Motion carried 5-0. Planning Board Minutes August 9,2004 Page 1 II. PUBLIC HEARING A. HILLTOP TOWN OFFICES (continued)by Arima,L.L.C. Request for Planned Unit Development Concept Review 6.89 acres,Planned Unit Development District Review with waivers on 6.89 acres,Zoning District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres, and Preliminary Plat of 6.89 acres into 16 lots.Location: 7480 Flying Cloud Drive. Michael Manning, Civil Consultant for Arima, briefly summarized the items they had revised after discussions with the Board and City staff. Staff had asked that they revise the preliminary plat,the grading plan and architectural elevations.Manning explained that since their last meeting,the Developer has met with City Staff and has resolved the right-of-way issues. The developer has also modified the preliminary plan and grading plat,bringing those two items into conformance with Staff s recommendation. Exterior building materials were also modified to meet City Code. The Developer is in concurrence with Staff recommendations.Manning further explained that the maximum height of the retaining wall is approximately 14 feet of exposed face with the wall tapering down to 3 feet at the ends. Franzen reported that Staffs recommendation is for approval of this request. In addition, a setback waiver is now required because of the dedication of additional right-of-way along Flying Cloud Drive. This has resulted in the building being closer to the road. In view of the fact that the City is getting the right-of-way and construction of the retaining wall, it is reasonable for the City to grant the setback waiver. Rue reviewed with the Board the layout of the site as prepared by the City's consultant. The right-of-way request has been refined since Staffs request for the right-of-way as well as the layout of the proposed turn lane. Rue reviewed with the Board the proposed road modifications on Flying Cloud Drive including a right-turn lane.He explained that in addition to the right-of-way dedication,they need to consider the elevation points the consultant designed in order to build the proposed road changes.The developer has been asked to match the grade points when they build their retaining wall. Stoelting asked if there are any significant changes to the grade points on the consultant's plan compared to the Developer's plan.Rue said he was not sure but would guess that the Developer's are probably lower. Stoelting asked if the Developer has any problem with the request to match the grade points near the right-of-way.Manning responded that the request would result in additional exposed retaining wall surface,which would be an increase in cost.He explained that without seeing the plan he is not sure if it would be a significant increase but it should be reasonable. Nelson expressed her appreciation to the Developer for having worked with Staff to resolve the issues placed before them and appreciated their making the necessary Planning Board Minutes August 9,2004 Page 2 changes to comply with Staff's requests.Nelson said at this point, she was ready to move forward with this project. MOTION by Nelson, seconded by Koenig,to close the public hearing.Motion carried,7-0. MOTION by Nelson, seconded by Sutherland,to recommend approval to the City Council of a request for Planned Unit Development Concept Review on 6.89 acres; Planned Unit Development District Review with waivers on 6.89 acres;Zoning District Amendment within the Office District on 6.89 acres; Site Plan Review on 6.89 acres; and Preliminary Plat of 6.89 acres into 16 lots based on plans dated June 28, 2004 and August 6, 2004, subject to the recommendations of the staff reports dated July 9, 2004 and August 6, 2004. Motion carried,7-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar,Office of the Payment of Claims City Manager/Finance Requested Action Move to: • Approve the Payment of Claims as submitted (roll call vote) Synopsis • Checks 133178 - 133690 • Wire Transfers 2079 -2090 Background Information Attachments City of Eden Prairie Council Check Summary 9/7/2004 Division Amount General 33,801 100 City Manager 2,939 101 Legislative 2,339 102 Legal Counsel 25,185 110 City Clerk 1,495 111 Customer Service 34,195 112 Human Resources 2,798 113 Communication Services 9,706 114 Benefits&Training 205 115 Risk Management 133,182 116 Facilities 40,508 117 City Center 88,851 130 Assessing 1,337 131 Finance 847 132 Social Services 10,301 133 Community Development 188 134 Heritage Preservation 154 135 Information Technology 112 136 Wireless Communication 5,510 137 Economic Development 337 150 Park Administration 190 151 Park Maintenance 24,053 153 Athletic Programs 8,937 154 Community Center 45,831 155 Beaches 28 156 Youth Programs 15,537 157 Special Events 2,527 158 Senior Center 5,253 159 Recreation Administration 10,127 160 Therapeutic Recreation 332 161 Oak Point Pool 13,280 162 Arts 1,112 163 Outdoor Center 4,045 164 Park Rental Facilities 209 180 Police 5,680 183 Civil Defense 60 184 Fire 8,968 185 Animal Control 890 186 Inspections 470 200 Engineering 2,208 201 Street Maintenance 371,137 202 Street Lighting 53,422 203 Fleet Services 19,330 204 Equipment Revolving 4,691 301 CDBG 12,435 302 HRA Fund 9,363 303 Cemetary Operation 508 304 Senior Awareness Fund 314 308 E-911 1,481 309 DWI Forfeiture 140 310 Fire Fighters Fund 1,663 316 WAFTA 5,455 412 Improvement Bonds 1991B 49,050 418 HRA 2002A Lease Revenue Bonds 142,900 421 2003A Park Bonds Refunding 45,809 422 G.O W/Sewer Refund 2003B 32,681 423 2003C Open Space Bonds 22,795 502 Park Development 38,103 503 Utility Improvement 44,599 506 Improvment Bonds 1996 1,172 507 Construction Fund 35,629 509 CIP Fund 317,812 511 Construction Fund 109,222 601 Prairie Village Liquor 108,975 602 Den Road Liquor 176,171 603 Prairie View Liquor 99,363 605 Den Road Building 2,052 701 Water Fund 193,073 702 Sewer Fund 4,474 703 Storm Drainage Fund 15,950 803 Escrow Fund 72,780 807 Benefits Fund 430,993 REPORT TOTAL 2,967,270 City of Eden Prairie Council Check Register 9/17/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2079 45,809 US BANK TRUST NATIONAL ASSN Interest 2003A G.O.Park Refunding 2080 22,795 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2081 142,900 US BANK TRUST NATIONAL ASSN Bank Reserve HRA 2002A LEASE REVENUE BONDS 2082 32,681 US BANK TRUST NATIONAL ASSN Interest 2003B G.O.W/Sewer Refunding 2083 49,050 US BANK TRUST NATIONAL ASSN Interest Improvement Bonds 1991B 2084 10,021 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2085 15,361 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2086 143,640 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2087 26,979 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2088 569 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2089 81,133 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2090 70,649 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 133178 2,377 ARCH PAGING Pager&Cell Phone Wireless Communication 133179 32 BECKER,DAVE Operating Supplies Police 133180 97 BFI Other Contracted Services Special Initiatives 133181 25 BI-IATTACHAN,RASHMI Reimbursement Special Initiatives 133182 2,334 CENTERPOINT ENEGY Gas Water Treatment Plant 133183 5,625 CORNERSTONE Other Contracted Services Legal Council 133184 183 CUB FOODS EDEN PRAIRIE Operating Supplies Police 133185 830 DAHLGREEN GOLF CLUB Special Event Fees Classes/Programs/Events 133186 285 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 133187 298 EASTBURN,EMILY Tuition Reimbursement/School Police 133188 185 FEDEX Postage General 133189 139 FLAHERTY,JILL Memberships Community Center Admin 133190 43 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 133191 64 GOLF USA Operating Supplies Senior Awareness 133192 50 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 133193 340 HERNANDEZ,RACHAEL AR Utility Water Enterprise Fund 133194 85 IAFCI MINNESOTA Tuition Reimbursement/School Police 133195 3,211 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 133196 2,454 LANO EQUIPMENT INC Other Rentals Street Maintenance 133197 290 MATTS AUTO SERVICE INC Other Contracted Services Police 133198 560 MENARDS Rebates Storm Drainage 133199 68 METRO DINING CLUB Deposits Escrow 133200 1,926 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 133201 158 MOTOROLA Equipment Repair&Maint Wireless Communication 133202 627 NILSSEN,BETH Instructor Service Ice Arena 133203 175 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 133204 80 NUNEZ,JOSE&REBECCA Outside Water Sales Water Enterprise Fund 133205 73 PARTY AMERICA Miscellaneous Housing,Trans,&Human Sery 133206 35 PETERSON,KERRY Outside Water Sales Water Enterprise Fund 133207 240 PETTY CASH-EPCC Petty Cash&Change Funds General Fund 133208 23 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 133209 1,250 SOUTHWEST METRO TRANSIT Other Contracted Services July 4th Celebration 133210 2,204 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 133211 50 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 133212 301 SUPERCIRCUITS INC Operating Supplies Wireless Communication 133213 3,000 US POSTMASTER-HOPKINS Postage Community Brochure 133214 1,445 AL&ALMA'S SUPPER CLUB AND CH Special Event Fees Classes/Programs/Events 133215 130 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 133216 82 AT&T Pager&Cell Phone Water System Maintenance 133217 5,900 B REIL CONCRETE Other Contracted Services Rehab 133218 89 BIZ BOOKS INC Dues&Subscriptions Communication Services 133219 550 BOLD,PAULINE Instructor Service Outdoor Center 133220 100 BRAGG,ANNALISA Instructor Service Outdoor Center 133221 281 DEERFIELD SEMINARS INC Conference Expense Finance 133222 221 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 133223 160 GE CAPITAL Other Rentals General 133224 1,577 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 133225 575 IAAO Conference Expense Assessing 133226 1,374 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 133227 178 MENARDS Operating Supplies Park Maintenance 133228 134 MINNESOTA EXTERIORS INC Building Permits General Fund 133229 1,436 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation 133230 100 011IRNESS,RON Instructor Service Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit 133231 2,488 QWEST Telephone Water Utility-General 133232 1,063 QWEST COMMUNICATIONS Pager&Cell Phone Police 133233 750 ROCKING HOLLYWOODS,THE Other Contracted Services Staring Lake Concert 133234 200 RUSTY'S ROCKIN JAMBOREE Other Contracted Services Staring Lake Concert 133235 280 STATE TREASURER Conference Expense Inspections-Administration 133236 35 SUBWAY Operating Supplies Teen Work Program 133237 643 W E LAHR COMPANY Equipment Parts Fleet Services 133238 7 XCEL ENERGY Electric Staring Lake 133239 933 ANDERSEN GARAGE DOORS INC Other Contracted Services Rehab 133240 5,455 CAMPBELL KNUTSON,P.A. Legal WAFTA 133241 2,082 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 133242 4,545 CHAD NESTOR&ASSOCIATES Printing Communication Services 133243 35 CROWN RENOVATIONS Cash Over/Short General Fund 133244 265 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 133245 375 OPTIMAL HEALTH PRODUCTS AND SE Awards Human Resources 133246 83 PETTY CASH-EPCC Mileage&Parking Community Center Admin 133247 70 PIZZA HUT Operating Supplies Teen Programs 133248 1,200 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance 133249 200 RAMSEY,LISA Mileage&Parking Assessing 133250 15 SINGH,PRASHANT Lessons&Classes Pool Lessons 133251 525 SOUTHWEST SUBURBAN PUBLISHING- Advertising Special Initiatives 133252 8 STAR TRIBUNE Misc Taxable Den Road Liquor Store 133253 128 STOVRING,LESLIE Mileage&Parking Storm Drainage 133254 20 TKACH,GEORGE Other Contracted Services Classes/Programs/Events 133255 2,931 VALLEYFAIR AMUSEMENT PARK Other Contracted Services City Manager 133256 43 VANDERGON,CAROL Lessons&Classes Pool Lessons 133257 500 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow 133258 134 WASTE MANAGEMENT-BURNSVILLE LA Waste Disposal Park Maintenance 133259 262 WEEDMAN,NICOLE Recreation Supplies Tennis 133260 68 WHITE,NICOLE Mileage&Parking Leisure Education 133261 139 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 133262 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 133263 617 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 133264 7,235 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 133265 5,918 DAY DISTRIBUTING Beer Prairie Village Liquor Store 133266 1,434 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 133267 10,731 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 133268 192 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 133269 386 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 133270 9,513 GRIGGS COOPER&CO Liquor Den Road Liquor Store 133271 1,209 I-IOHENSTEINS INC Beer Den Road Liquor Store 133273 17,530 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 133274 11,860 MARK VII Beer Den Road Liquor Store 133275 468 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 133276 2,584 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 133277 6,501 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 133278 364 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 133279 1,720 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 133280 19,171 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 133281 582 SPECIALTY WINES AND BEVERAGES Wine Domestic Den Road Liquor Store 133282 20,014 THORPE DISTRIBUTING Beer Den Road Liquor Store 133283 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 133284 1,161 WINE COMPANY,THE Wine Imported Den Road Liquor Store 133285 2,324 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 133286 1,742 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 133287 6,812 3RD LAIR SKATEBOARDING PARK Instructor Service Athletics 133288 95 ALBERTSON,KELSEY Other Contracted Services Teen Work Program 133289 78 BELLUS,MATT Other Contracted Services Teen Work Program 133290 105 CL BENSEN COMPANY INC Repair&Maint.Supplies City Hall-CAM 133291 28 CULLIGAN-METRO Operating Supplies Outdoor Center 133292 228 EGAN-MCKAY ELECTRICAL CONTRACT Building Repair&Maint. City Hall-Direct Costs 133293 9,363 FAMILY&CHILDRENS SERVICE Other Contracted Services HOPE PROGRAM 133294 1,985 GERTENS Landscape Materials/Supp Park Acquisition&Development 133295 4,629 GLEN LAKE GOLF Instructor Service Summer Skill Development 133296 96 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 133297 42 HANSON,NOEL P Other Contracted Services Teen Work Program 133298 135 JENKINS,BROOKE Mileage&Parking Tree Disease 133299 70 KRESS,CASEY Other Contracted Services Teen Work Program 133300 85 MCDONALD,LESLIE Program Fee Camps Check# Amount Vendor/Explanation Account Description Business Unit 133301 70 MCNULTY,ZACK Other Contracted Services Teen Work Program 133302 213 MENARDS Operating Supplies Park Maintenance 133303 510 MUHLHAUSER,WENDY Instructor Service Preschool Events 133304 421 PETTY CASH Mileage&Parking Senior Center Administration 133305 88 SHAW,KENDRA Other Contracted Services Teen Work Program 133306 972 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 133307 8 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 133308 216 STAR TRIBUNE Operating Supplies Fire 133309 1,800 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 133310 131 SWAN,NATHAN T Other Contracted Services Teen Work Program 133311 45 TAYLOR,MIKE Other Contracted Services Teen Work Program 133312 163 TKACH,GEORGE Operating Supplies Senior Awareness 133313 53 VOLTIN,BRETT Other Contracted Services Teen Work Program 133314 100 WEBER,JENNIFER Mileage&Parking Teen Work Program 133315 124,612 XCEL ENERGY Electric Street Lighting 133316 5,261 A P LAWN INC Building Repair&Maint. Fire Station#1 133317 653 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 133318 3,294 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 133319 1,400 BOLD,PAULINE Instructor Service Outdoor Center 133320 1,113 CAPITOL COMMUNICATIONS Building Capital Impr./Maint.Fund 133321 29 CITIES EDGE Equipment Parts Fleet Services 133322 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 133323 1,784 ECOLAB INC Other Contracted Services Public Works/Parks 133324 80 GRAINGER Repair&Maint.Supplies Park Shelters 133325 161 HANCE ACE HARDWARE Repair&Maint.Supplies City Hall-CAM 133326 3,395 INTEREUM INC Capital Under$2,000 Furniture 133327 165 JANEX INC Cleaning Supplies General Facilities 133328 320 LAKE COUNTRY DOOR Building Repair&Maint. Fire Station#3 133329 62,699 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management . 133330 151 MCFERRIN,TANYA Instructor Service Outdoor Center 133331 381 METRO SALES INCORPORATED* Office Supplies General 133332 236 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 133333 974 POKORNY COMPANY Repair&Maint.Supplies City Hall-CAM 133334 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 133335 514 PRAIRIE FRAMING JIM RICHARDSON Other Contracted Services Community Center Admin 133336 8,104 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 133337 6,317 PRAIRIEVIEW RETAIL LLC Capital Under$2,000 Prairie View Liquor Store 133338 253 PROGRESSIVE BUSINESS PUBLICATI Dues&Subscriptions General Facilities 133339 619 RICHARDSON,JIM Instructor Service Summer Skill Development 133340 135 SCHUELKA,MATT Mileage&Parking Therapeutic Rec Administration 133341 82 SIMON,ANDREA Employee Award Human Resources 133342 551 STAR TRIBUNE Dues&Subscriptions Communication Services 133343 96 TARGET Operating Supplies Police 133344 38 TOMS WINDOW CLEANING Other Contracted Services Den Bldg.-Direct 133345 1,415 UNITED PROPERTIES-ENGINEERIN Building Repair&Maint. City Hall-Direct Costs 133346 463 US POSTMASTER-HOPKINS Printing Classes/Programs/Events 133347 3,025 WALL TRENDS INC Building Repair&Maint. Police City Center 133348 500 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 133349 16,500 WESTERN GARAGE BUILDERS INC Building Capital Impr./Maint.Fund 133350 8,656 XCEL ENERGY Electric Water Treatment Plant 133351 123 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 133352 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 133353 397 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 133354 2,570 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 133355 15,466 DAY DISTRIBUTING Beer Den Road Liquor Store 133356 2,991 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 133357 26,925 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 133358 416 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 133359 367 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 133360 907 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 133361 12,701 GRIGGS COOPER&CO Liquor Den Road Liquor Store 133363 31,381 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 133364 19,656 MARK VII Misc Non-Taxable Prairie View Liquor Store 133365 1,058 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 133366 10 MORAN USA,LLC Misc Taxable Den Road Liquor Store 133367 1,327 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 133368 10,503 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 133369 391 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 133370 6,716 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 133371 9,245 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 133372 21,654 THORPE DISTRIBUTING Beer Den Road Liquor Store 133373 2,778 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 133374 712 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 133375 200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 133376 140 ABC MINNEAPOLIS LLC Operating Supplies DWI Forfeiture 133377 130 AL&ALMA'S SUPPER CLUB AND CH Special Event Fees Classes/Programs/Events 133378 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 133379 89 APPARENTLY GRAPHIC LTD. Operating Supplies Fire 133380 67 ASPEN MILLS Protective Clothing Fire 133381 89 AT&T Pager&Cell Phone Police 133382 600 ATOM Tuition Reimbursement/School Police 133384 7,492 BIFFS INC Waste Disposal Park Maintenance 133385 890 BLOOMINGTON,CITY OF Kennel Services Animal Control 133386 38 BOYER,STACY Clothing&Unifonns Police 133387 896 BREWSTER,DONALD&LINNEA Building Permits General Fund 133388 53 BROWNING,RYAN Other Hardware Capital Impr./Maint.Fund 133389 3,103 CENTERPOINT ENERGY MARKETING I Gas City Hall-CAM 133390 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 133391 100 EDEN PRAIRIE LIONS CLUB Beer/Wine Licenses General Fund 133392 185 FEDEX Operating Supplies Police 133393 85 GE CAPITAL Other Rentals General 133394 2,008 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 133395 5,591 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 133396 24 KINZEL,KAREN Program Fee Athletics 133397 68 LEWIS,REBECCA Memberships Community Center Admin 133398 155 MILANO,DAVID Org Athletic League Fees Softball 133399 376 PARTY AMERICA Employee Award Human Resources 133400 148 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 133401 333 QWEST Telephone City Hall-CAM 133402 171 R&R MARINE INC Equipment Parts Fleet Services 133403 42 SCADDEN,JENNA Clothing&Uniforms Police 133404 185 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 133405 420 SHAMROCK TOURS Special Event Fees Classes/Programs/Events 133406 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 133407 73 SUBURBAN PROPANE Motor Fuels Fleet Services 133408 500 TCALMC Dues&Subscriptions City Council 133409 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 133410 229 TIME WARNER CABLE Operating Supplies Fire 133411 485 UNIFORMS UNLIMITED Clothing&Unifonns Fire 133412 234 UNITED WAY United Way Withheld General Fund 133413 85 VERIZON WIRELESS BELLEVUE Operating Supplies Fire 133414 55 WAYTEK INC Equipment Parts Fleet Services 133415 36,186 XCEL ENERGY Electric City Hall-CAM 133416 110 A TO Z RENTAL CENTER Other Rentals Park Maintenance 133417 200 BORDEAUX,JOSEPH Parking Permits Parking 133418 53 BRINK,PATRICK Mileage&Parking Communication Services 133419 55 COMMISSIONER OF TRANSPORTATION Operating Supplies Engineering 133420 155 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 133421 190 D'AMICO AND SONS Miscellaneous Parks Administration 133422 332 DALE GREEN COMPANY,THE Landscape Materials/Supp Construction Fund 133423 152 FERRELLGAS Motor Fuels Ice Arena 133425 1,509 GENUINE PARTS COMPANY Equipment Parts Fleet Services 133426 336 GREATAMERICA LEASING CORP. Other Rentals General 133427 99 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 133428 5,805 HOUSE OF PRINT Printing Community Brochure 133429 365 IN THE SWIM Other Assets Oak Point Operations 133430 112 IND SCHOOL DIST 272 Building Rental Community Band 133431 495 INFRATECH Other Contracted Services Storm Drainage 133432 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 133433 81 KRAEMERS HARDWARE INC Equipment Repair&Maint Fire 133434 71,550 LANDGEEKS,LLC Deposits Escrow 133435 2,230 METRO SALES INCORPORATED* Other Rentals General 133436 1,863 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 133437 283 PETTY CASH-POLICE DEPT Office Supplies Police 133438 203 PROP United Way Withheld General Fund 133439 3,413 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 133440 150 SCHMIDT,COLIN Conference Expense Assessing 133441 73 TKACH,GEORGE Equipment Repair&Maint Senior Center Operations Check II Amount Vendor/Explanation Account Description Business Unit 133442 45 TWIN CITIES BUSINESS MONTHLY Dues&Subscriptions Economic Development 133443 234 UNITED WAY United Way Withheld General Fund 133444 65 UNIVERSITY OF MINNESOTA Conference Expense Engineering 133445 437 US POSTMASTER-HOPKINS Operating Supplies Girls on the Run 133446 57 XCEL ENERGY Electric Traffic Signals 133447 428 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 133448 12,578 CENTERPOINT ENERGY MARKETING I Gas Maintenance 133449 403 KURT,KAREN Travel Expense Human Resources 133450 180,932 MEDICA CHOICE Benefit payments Health and Benefits 133451 85 MINNESOTA HISTORICAL SOCIETY Conference Expense Heritage Preservation 133452 15 MPLS.ST.PAUL MAGAZINE Dues&Subscriptions Communication Services 133453 6,783 PARK NICOLLET CLINIC Other Contracted Services Risk Management 133454 88 PETTY CASH-EPCC Operating Supplies Community Center Admin 133455 344 PITNEY BOWES INC Other Rentals General 133456 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 133457 179 QWEST Telephone Forest Hills Park 133458 430 RUND,LISA Conference Expense Human Resources 133459 970 SPRINGER,KIP Conference Expense Fire 133460 50 SWEET OCCASIONS FOR YOU Other Rentals Arts Initiative 133461 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 133462 1,000 TRAPP,SUZANNE Instructor Service Outdoor Center 133463 154 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Water Utility-General 133464 1,507 BLAKE,PAUL AR Utility Water Enterprise Fund 133465 2,745 BLIZZARD AIR CONDITIONING&HE Other Contracted Services Rehab 133466 42,148 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 133467 82 HAPPY FACES Other Contracted Services Special Initiatives 133468 112 HEALTH ENHANCEMENT SYSTEMS Awards Employee Benefits 133469 138 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 133470 88 HERRMANN INTERNATIONAL Training Supplies In Service Training 133471 713 KIND,DEBRA Other Contracted Services Recreation Administration 133472 533 LANO EQUIPMENT INC Other Rentals Storm Drainage 133473 63,573 LEAGUE MN CITIES INS TRUST Insurance Risk Management 133474 150 MARUSKA,JULIE Program Fee Outdoor Center 133475 55 MESHBESHER,CORINNE Outside Water Sales Water Enterprise Fund 133476 50 MINNESOTA HISTORICAL SOCIETY Conference Expense Heritage Preservation 133477 46 MOTSINGER,JOAN Lessons&Classes Pool Lessons 133478 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 133479 181 OFFICE DEPOT CREDIT PLAN Operating Supplies Summer Safety Camp 133480 300 OPERATING ENG LOCAL 49 TRNG PR Conference Expense Engineering 133481 271 QWEST Telephone Telephone 133482 75 REARDON,RENEE Program Fee Outdoor Center 133483 99 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Classes/Programs/Events 133484 108 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 133485 5,380 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 133486 140 WALMART COMMUNITY Operating Supplies Afternoon Playground 133487 4,659 4 WHEEL DRIVE CENTER,THE Machinery&Equipment Fire 133488 8,450 A P LAWN INC Building Repair&Maint. City Hall-CAM 133489 472 A TO Z RENTAL CENTER Other Rentals Water Storage-Baker Rd. 133490 148 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 133491 307 ABSOLUTE RAIN INC. Building Repair&Maint. Den Bldg.-CAM 133492 69 ADAMS PEST CONTROL INC Other Contracted Services Prairie View Liquor Store 133493 442 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fleet Services 133494 4,559 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 133495 3,533 AMERICAN ENGINEERING TESTING I Building Capital Impr./Maint.Fund 133496 70 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 133497 4,959 AMERICAN WATER WORKS ASSOCIATI Training Supplies Storm Drainage 133498 1,416 ANCHOR PRINTING COMPANY Printing Classes/Programs/Events 133499 235 ANDERBERG,CRAIG W. Other Contracted Services Softball 133500 157 APACHE GROUP Cleaning Supplies General Facilities 133501 88 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 133502 2,750 AQUA LOGIC INC Equipment Repair&Maint Pool Maintenance 133503 612 ASPEN CARPET CLEANING Other Contracted Services Prairie View Liquor Store 133504 2,920 ASSOCIATED WELL DRILLERS INC Other Contracted Services Park Acquisition&Development 133505 348 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services • 133506 331 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 133507 12,000 BECKER ARENA PRODUCTS INC Building Capital Impr./Maint.Fund 133508 1,776 BENIEK PROPERTY SERVICES INC. Other Contracted Services City Hall-CAM 133509 85 BERRY COFFEE COMPANY Office Supplies Senior Awareness 133510 546 BERTELSON OFFICE PLUS Office Supplies Water Utility-General Check# Amount Vendor/Explanation Account Description Business Unit 133511 50 BIELSKI,LESLIE Other Contracted Services Volleyball 133512 394 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. CDBG Fund 133513 350 BOYER TRUCKS Equipment Parts Fleet Services 133514 1,012 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 133515 4,779 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 133516 961 BRISSMAN-KENNEDY Cleaning Supplies Maintenance 133517 10,616 BROWN TRAFFIC PRODUCTS Improvement Contracts Construction Fund 133518 2,046 BRY-AIR INC Repair&Maint.Supplies Water Treatment Plant 133519 495 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 133520 630 C&C EMBROIDERY Operating Supplies Fire 133521 1,663 CARDIAC SCIENCE INC Capital Under$2,000 Fire Fighters Fund 133522 314 CARGO PROTECTORS INC Repair&Maint.Supplies Sewer Liftstation 133523 322 CATCO PARTS SERVICE Equipment Parts Fleet Services 133524 4,709 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 133525 787 CLAREYS INC Office Supplies General 133526 300 CLIP'N'SAVE INC Advertising Prairie View Liquor Store 133527 241 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 133528 257 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Stonn Drainage 133529 621 CONTROL SERVICES OF MINNESOTA, Other Contracted Services City Flail-CAM 133530 1,457 CORPORATE EXPRESS Office Supplies General 133531 26 CROWN MARKING INC Operating Supplies Police 133532 21,170 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 133533 265 CY'S UNIFORMS Clothing&Uniforms Reserves 133534 128 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 133535 340 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 133536 291 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 13353.7 500 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 133538 43,308 DIVERSE BUILDING MAINTENANCE Janitor Service Fire Station#5 133539 3,584 DNR SCREEN PRINTING INC Awards Softball 133540 3,719 EAGLEBROOK INC Chemicals Water Treatment Plant 133541 3,218 EARL F ANDERSEN INC Signs Traffic Signs 133542 755 ECOLAB INC Repair&Maint.Supplies Maintenance 133543 82 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Round Lake 133544 1,252 EF JOHNSON Equipment Repair&Maint Wireless Communication 133545 5,494 EGAN-MCKAY ELECTRICAL CONTRACT Building Repair&Maint. City Hall-Direct Costs 133546 10 ELVIN SAFETY SUPPLY INC Protective Clothing Water Treatment Plant 133547 2,380 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 133548 1,536 ENERGY MANAGEMENT INC Repair&Maint.Supplies City Hall-CAM 133549 600 ENGINEERED ICE SYSTEMS Equipment Repair&Maint Ice Arena 133550 358 FERO,STACEY Other Contracted Services Volleyball 133551 129 FERRELLGAS Motor Fuels Ice Arena 133552 19 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 133553 376 FISHER SCIENTIFIC Equipment Parts Water Treatment Plant 133554 90 FLOORS BY BECKER Other Contracted Services City Hall-Direct Costs 133555 567 FORDAHL,TAMARA Other Contracted Services Volleyball 133556 402 FORE MECHANICAL,INC Building Repair&Maint. Prairie Village Liquor Store 133557 113 G&K SERVICES Clothing&Uniforms General Facilities 133558 1,092 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 133559 192 GCS SERVICE INC Building Repair&Maint. Garden Room Repairs 133560 612 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 133561 3,989 GOLD STAR LANDSCAPE COMPANY Equipment Repair&Maint Park Acquisition&Development 133562 2,553 GRAINGER Equipment Parts Water Treatment Plant 133563 1,047 GRAPHIC SOURCE INC Other Contracted Services Recreation Administration 133564 93 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 133565 1,157 GS DIRECT Operating Supplies Engineering 133566 772 GUNNAR ELECTRIC CO INC Other Contracted Services Park Acquisition&Development 133567 23,571 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 133568 546 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 133569 3,957 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 133570 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 133571 920 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 133572 209 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance 133573 12,466 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 133574 209 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 133575 250 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 133576 27 INDUSTRIAL SUPPLY CO INC Protective Clothing Water Treatment Plant 133577 2,591 INTEREUM INC Capital Under$2,000 Furniture 133578 579 INTERSTATE BA FIERY SYSTEM OF M Equipment Parts Fleet Services 133579 769 J&H BERGE INC Protective Clothing Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 133580 274 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 133581 336 JANEX INC Cleaning Supplies General Facilities 133582 347 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 133583 4,216 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 133584 154 KALLIN,LAWRENCE E Other Contracted Services Volleyball 133585 69 KUSTOM SIGNALS INC Equipment Repair&Maint Police 133586 107 LAB SAFETY SUPPLY INC Protective Clothing Water Treatment Plant 133587 293 LAKE COUNTRY DOOR Building Repair&Maint. Water System Maintenance 133588 22 LANO EQUIPMENT INC Equipment Parts Fleet Services 133589 120 LOES OIL COMPANY Waste Disposal Fleet Services 133590 490 LYNN'S FLOWER DESIGN Other Contracted Services City Hall-CAM 133591 1,129 M R SIGN Equipment Repair&Maint Elections 133592 988 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 133593 772 MAHIN WALZ INC Building Repair&Maint. City Hall-Direct Costs 133594 1,192 MASTER SPRINKLER SYSTEMS Repair&Maint.Supplies Round Lake 133595 336 MCGREGOR,RANDY Other Contracted Services Softball 133597 1,587 MENARDS Repair&Maint.Supplies City Center Operations 133598 85 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 133599 1,243 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 133600 546 METRO PRINTING Operating Supplies Fire 133601 279 METROPOLITAN FORD Equipment Parts Fleet Services 133602 366,384 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 133603 70,317 MILLERBERND MANUFACTURING COMP Improvement Contracts Construction Fund 133604 524 MINNESOTA CONWAY Operating Supplies Fire 133605 507 MINNESOTA GLOVE INC Safety Supplies Fleet Services 133606 217 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 133607 267 MINNESOTA VALLEY TESTING LABS Other Contracted Services Environmental Education 133608 60 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 133609 242 MOBILE RADIO ENGINEERING Equipment Repair&Maint Wireless Communication 133610 225 MOORE MEDICAL CORP Safety Supplies Fire 133611 608 MTI DISTRIBUTING INC Equipment Parts Fleet Services 133612 105 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 133613 218 MURRAY,JOHN Other Contracted Services Softball 133614 593 NAS RECRUITMENT COMMUNICATIONS Employment Advertising Human Resources 133615 2,832 NATIONAL WATERWORKS Repair&Maint.Supplies Water Treatment Plant 133616 787 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 133617 1,201 NEUMANN,NEAL Other Contracted Services Softball 133618 394 NEW PIG CORPORATION Repair&Maint.Supplies Water Treatment Plant 133619 17 NEXT DAY GOURMET Recreation Supplies Classes/Programs/Events 133620 1,823 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 133621 99 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Stonn Drainage 133622 45 OLSEN COMPANIES Repair&Maint.Supplies Storm Drainage 133623 227 OSI BA FIbRIES INC Equipment Parts Fleet Services 133624 33,083 PARROTT CONTRACTING INC Other Contracted Services Storm Drainage 133625 40S PARTEK SUPPLY INC Building Materials Capital Impr./Maint.Fund 133626 450 PAUTZ,ROGER Other Contracted Services Summer Skill Development 133627 2,250 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Communication Services 133628 1,606 PICHA GREENHOUSE Landscape Materials/Supp Park Acquisition&Development 133629 570 PLEHAL BLACKTOPPING INC Other Rentals Park Maintenance 133630 10,682 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Hall-Direct Costs 133631 763 PRAIRIE EQUIPMENT COMPANY Equipment Repair&Maint Fire 133632 27 PRAIRIE LAWN AND GARDEN Equipment Parts Water Treatment Plant 133633 402 PRAIRIE OFFSET PRINTING Printing Assessing 133634 51 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 133635 2,728 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 133636 937 RAY,LEE Other Contracted Services Softball 133637 113 RIDGEVIEW BUSINESS FIEALTH Other Contracted Services Risk Management 133638 53 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 133639 53,221 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 133640 184 RUTTGERS BAY LAKE LODGE Other Contracted Services Economic Development 133641 221 S&S WORLDWIDE Recreation Supplies Oak Point Lessons 133642 5,309 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 133643 60 SHRED-IT Waste Disposal City Center Operations 133644 260 SIMPLOT PARTNERS Landscape Materials/Supp Park Maintenance 133645 927 SIMULAIDS Training Supplies Fire 133646 200 SMITH,SUZEI 1 h JO Other Contracted Services Volleyball 133647 336 SNAP-ON TOOLS Small Tools Fleet Services 133648 216 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 133649 134 SPORTS WORLD USA INC Recreation Supplies Softball Check# Amount Vendor/Explanation Account Description Business Unit 133650 536 SPS COMPANIES Repair&Maint.Supplies Water Treatment Plant 133651 43,928 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 133652 57 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services . 133653 194,948 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 133654 1,065 STRATEGIC INSIGHTS COMPANY Licenses&Taxes Engineering 133655 2,450 STREICHERS Capital Under$2,000 Fleet Services 133656 100 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 133657 68 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 133658 882 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 133659 275 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Public Works/Parks 133660 431 SUN NEWSPAPERS Legal Notices Publishing City CIerk 133661 78,677 SUNRAM CONSTRUCTION Improvements to Land Capital Impr./Maint.Fund 133662 2,676 SUPERIOR PRODUCTS MFG CO Wages No Benefits Concessions 133663 145 SWEDLUNDS Waste Disposal Outdoor Center 133664 7,604 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 133665 41 TERMINAL SUPPLY CO Equipment Parts Fleet Services 133666 36 TESSCO Equipment Repair&Maint Wireless Communication 133667 4,551 TKDA Other Contracted Services Utility Improvement Fund 133668 45 TOTAL REGISTER Operating Supplies Den Road Liquor Store 133669 11 TOWN AND COUNTRY DODGE Lubricants&Additives Fleet Services 133670 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 133671 510 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 133672 40 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water Treatment Plant 133673 281 UNIFORMS UNLIMITED Operating Supplies Police 133674 21,877 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 133675 431 USA BLUEBOOK Repair&Maint.Supplies Water Treatment Plant 133676 7,078 VESSCO INC Machinery&Equipment Water Treatment Plant 133677 255 VOSS LIGHTING Repair&Maint.Supplies Maintenance 133678 407 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 133679 385 WALL TRENDS INC Building Repair&Maint. Den Bldg.-CAM 133680 157 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 133681 358 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 133682 753 WHEELER LUMBER LLC Building Materials Park Maintenance 133683 59 WOLF CAMERA Video&Photo Supplies Park Maintenance 133684 4,893 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 133685 56 WORM,SANDY Landscape Materials/Supp Street Maintenance 133686 245 WUOLLET BAKERY INC Other Contracted Services Records Management 133687 5,641 YALE MECHANICAL INC Other Contracted Services Water Treatment Plant 133688 254 ZAHN,GERALD Other Contracted Services Volleyball 133689 413 ZIEGLER INC Equipment Parts Fleet Services 133690 504 ZOELLNER,MARK Other Contracted Services Softball 2,967,270 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments September 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council Appointment to Arts&Culture Commission Requested Action Move to: Appoint Ms.Diane Zielke to the Arts and Culture Commission for a term to end on March 31,2006. Synopsis The Arts and Culture Commission, currently at six members, is under the maximum membership level of seven members, and Ms.Zielke's application was just received in the past few weeks. Ms.Zielke has a Bachelors degree in Graphic Design and a Masters degree in Art Education, and most recently taught as an Art teacher in the St.Louis Park school district for about 10 years. Since Ms.Zielke has outstanding qualifications,the City Manager and Arts and Culture Commission staff liaison Sandy Werts recommend Council approve this appointment. Attachments Board and Commission Application(Council Only) CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director September 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. 1 From: Robert A.Lambert, Update on Community Center Rink I Director of Parks&Recreation Repair Synopsis As fall approaches, more and more residents are beginning to become concerned about the schedule for completing the repairs to Rink I at the Community Center. The time frame to remove frost from under the rink took nearly three weeks longer than originally anticipated and the estimated time for opening the rink is now November 8. Prior to starting the project, City met with representatives from the Hockey Association,Figure Skating Club, and High School Hockey Teams and discussed the estimated time frame for this project.The best-case scenario was for an October 15 opening;worst- case was December 1. Staff did not sell any ice time prior to November 1, anticipating there might be some causes for delay,which happens more often than not during any construction project. The School District, the Hockey Association and the Figure Skating Club all planned for a November 1 date recognizing the fact that the City would notify them as soon as they were aware if that date would change. We have now notified people that November 8 is the anticipated starting date. Over the last week there have been many emails sent to the City Council and staff with concerns regarding this project based on rumor and half-truths. It is important for the City Council and staff to reassure residents that the project is proceeding as quickly as possible and is a project that was originally scheduled for 2005, but had to be moved up a year due to the condition of the piping of the refrigeration system. Background The Mayor, City Council and City staff have been receiving an increasing number of emails from residents expressing dissatisfaction with the progress of the repairs to Rink I. There are many people who have heard rumors and half-truths regarding this project that have led into the conclusion that the projected opening date of November 8 is"unacceptable". Some of the emails have made references to the fact that Minnetonka replaced their ice last year and had the project completed by the first of October and want to know why Eden Prairie can't do the same. Others have implied that City staff was well aware of problems with the ice and should have initiated the project earlier to ensure that it could have been complete by October 1. City staff was aware that the ice rink needed to be replaced in the near future. Staff was projecting the replacement for the 2005 budget year. Update on Community Center Rink I September 7, 2004 Page 2 City staff completed a study in February of 2004 to determine the cost to replace the rink.This information was used to estimate the amount of money that should have been included in the May referendum for repair of the existing facility. Shortly after the referendum failed,the City completed a half-cell field leak detection of Rink I at the Community Center.That analysis indicated corrosion of the piping in Rink I was far beyond the level that either the staff or our consultants expected. It was apparent at that time that the City had no choice but to replace the rink this year. The sub-floor heat system had also failed last fall, and staff was aware that there would be some delay to the project to remove frost. Our contractor indicated they could remove the frost within a week.Eventually it took over three weeks to remove the frost.Prior to the start of the project, City staff met with representatives of the High School Boys and Girls Hockey Teams, as well as representatives of the Eden Prairie Hockey Association and the Eden Prairie Figure Skating Club to discuss contingency plans for use of the remaining ice rink until Rink I was up and operating.We discussed the worst-case scenario which planned for the use of only one rink until December 1st, with a goal of trying to have the rink operational by October 15. Any delays were contingent upon the length of time it would take to remove frost from the ground. Community Center staff were directed not to sell any ice time in Rink I prior to November 1. If we were able to open prior to that date,we would begin selling ice time in October as soon as we were confident we would have the ice time available.The frost was not fully removed from the rink until late last week,therefore staff is now projecting the opening of Rink I on November 8. City staff and our contractors have taken every step necessary, including drilling over 150 holes in the rink floor down through the frost and adding warm water and heat blankets for the last three weeks to speed up the time to remove frost. We are committed to take every step possible to shorten the length of time it will take to complete this project, however we will not take any shortcuts that will compromise the quality of the final product. City staff is well aware of the hardships this loss of ice will be to our Figure Skating Club, Hockey Association, and High School.The City had planned for this project to be completed next year, however the condition of the rink did not allow us the luxury of going through a bidding process in January for this project; similar to the Minnetonka project.Making a decision on how long an ice system will continue to operate is much more difficult when the system is buried in a concrete floor, rather than a sand floor(similar to Minnetonka)where it is easy to monitor the condition of the system. One rumor that has been started is that the existing rink was donated to the City by the North Stars. This is not true. The rink was paid for through a referendum by our taxpayers. The North Stars paid for the locker rooms that are now used by the High School Varsity Team. Their agreement was that they would give them to the City once they no longer used the Community Center for their practice rink. They turned them over to the City when Norm Green bought the team and directed that their practices would be on the rink where they played their games. City Councilmembers can anticipate more rumors and more residents complaining about this project as we get into late September and October,when more residents begin to understand the inconveniences they will have to deal with in order to provide ice time for their children;however, Update on Community Center Rink I September 7,2004 Page 3 once the facility is reopened, City staff are certain Community Center users will be pleased with the results of the project and other improvements being made to the facility once the rink is operational later this fall. r`