Loading...
HomeMy WebLinkAboutCity Council - 11/23/2004AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, NOVEMBER 23,2004 CITY CENTER 5~45 - 6:40 PM, HERITAGE ROOM I1 6:45 - 7:OO 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, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room I (545-6:40) I. CLOSED SESSION TO DISCUSS LITIGATION Council Chamber (6:45 - 6:55) 11. OPEN FORUM A. Thomas Briant - Heritage Preservation and Cummins Grill House IV. ADJOURNMENT AGENDA EDEN CITY COUNCIL TUESDAY, NOVEMBER 23,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens , Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL / CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. V. MINUTES A. E. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 9,2004 CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 9,2004 VI. CONSENT CALENDAR A. CLERK’S LICENSE LIST E. ADOPT RESOLUTION RELATING TO $1,660,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1997B C. ADOPT RESOLUTION DIRECTING HUMAN RESOURCES MANAGER TO CONDUCT COMPENSATION REVIEW AND AUTHORIZING MAYOR TO SUBMIT APPLICATION FOR SALARY CAP WAIVER FOR CITY MANAGER D. ACCEPT PROPOSAL FROM KMC TO RENEW VOICE AND DATA SERVICE CONTRACT E. AWARD CONTRACT TO KEYS WELL DRILLING COMPANY FOR CONSTRUCTION OF WELL NO. 15 F. APPROVE EASEMENT AGREEMENT WITH EATON CORPORATION FOR WELL NO. 15 CITY COUNCZL AGENDA November 23,2004 Page 2 G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE H. ACCEPT PROPOSALS FROM BIENEK PROPERTY SERVICES FOR SNOW REMOVAL AT CITY CENTER AND THE DEN RD. LIQUOR STORE FOR 2004-2005 WINTER SEASON I. ACCEPT PROPOSAL FROM TAHER BUSINESS DINING TO PROVIDE FOOD SERVICE AT CITY CENTER AND ALLOW USE OF GARDEN ROOM FACILITIES FOR CATERING PURPOSES J. DECLARE OBSOLETE POLICE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. APPROVE SALE OF EXCESS UNUSABLE FURNITURE AND OFFICE EOUIPMENT THROUGH ANOKA-BIG LAKE AUCTIONEERS VII. PUBLIC HEARINGS / MEETINGS A. DAIRY QUEEN GRILL AND CHILL by Frauenshuh Companies. Request for Planned Unit Development Concept Review on -84 acres, Planned Unit Development District Review with waivers on .84 acres, Zoning District Amendment in the Community Commercial Zoning District on .84 acres, and Site Plan Review on .84 acres. Location: 8868 Aztec Drive. (Resolution for PUD Concept Review) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Cummins Grill House C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL, AGENDA November 23,2004 Page 3 D. E. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF REPORT OF PARKS AND RECREATION DIRECTOR REPORT OF PUBLIC WORKS DIRECTOR 1. 2. Acquisition of Property for Future Fire Station (Resolution) Purchase Agreement for Property for Future Fire Station H. REPORT OF CITY ATTORNEY XIV. OTHERBUSTNESS 8 XV. ADJOURNMENT ITEMNO: v. A. 1 UNAPPROVED MINUTES EDEN PRATRIE CITY COUNCIL WORKSHOPlFORUM TUESDAY, NOVEMBER 9,2004 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM II 6:30 - 7:OO 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, Historic Preservation Specialist John Gertz, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric ROSOW, and Recorder Lorene McWaters Heritage Room I. I. DISCUSSION OF CUMMINS GRILL HOUSE The City has been exploring ways to fund restoration of the historic Cummins Grill House and provide access to the public. Because the house is located on land purchased with LAWCON grant money, it is subject to restrictions that limit its use. Last summer Council directed Park and Recreation Director Bob Lambert to inquire whether the DNR would allow the City to trade the land for comparable open space in Eden Prairie. The City would then enter into a publidprivate partnership to restore the home and put it to commercial use. Lambert received a response from Wayne Sames at the DNR that was “generally positive;” however, Sames said more information and a formal proposal would be required before a decision could be reached. City Manager Scott Neal said stafT is looking for general direction from the Council on how to proceed. Neal said Council basically has three options: . Buy out of LAWCON requirements and spin the house off into a publidprivate partnership similar to the Dunn Bros. at the Smith Douglas More House. Raze the house. . Repair the house and program it like any other City facility. Neal noted this would require substantial funding currently not in the CIP. The land on which the house sits was purchased with a LAWCON grant in 1976. The grant was for public outdoor recreation space, and the building itself was not part of the grant. City Cour~cil rVorkshop November 9, 2004 -page 2 When the Grills moved out of the house in 1979, Lambert recommended bulldozing the home; however, Council decided to let it stand. At the time, the City’s Historic Commission did not believe public hnds would be required to update and maintain the building. To remove LAWCON restrictions, the City must have the land appraised and offer comparable land at or more than the cost of the land to be replaced. LAWCON will then analyze the impact of a conversion and decide whether or not to allow it. Lambert said LAWCON does value historic preservation, and he feels there is a good chance the City can put together a successful proposal. Councilmember Case asked if it would make any difference if the City sold the land or leased it. Lambert said it would not make a difference as far as LAWCON is concerned; however leasing rather than selling would allow the City to maintain greater control. Both Case and Tyra-Lukens said razing the building is a not viable option, especially since the City has already invested $221,000 in its maintenance and renovation. Case said since Dunn Bros. has been “incredibly successful,” he would like to see something similar pursued for the Cummins Grill House with haste. Butcher said she has no problem with pursuing a publiclprivate partnership, but it is important for Council to publicly discuss all alternatives first. Mosman said the state of the home will require expenditure of some money to make it marketable. Community Development Director Janet Jeremiah noted there is $72,000 in the 2005 budget, mainly for exterior maintenance. Case said there are changes the City should make before leasing the building in order to ensure they are done correctly. He said these items should be completed this winter while proceeding with the LAWCON land swap. Case said that although some people believe historic preservation should be privately funded, he believes historic buildings are part of the community’s identity and add to the quality of life. He believes it is the Council’s responsibility to own and run these buildings. Case said he asked Mona Hanson, a fellow teacher and former member of the Historic and Culture Commission, to visit the work shop. Hanson said that when she was on the Commission back in 1980, she had three goals for the Cummins Grill House: 1) to see it given the respect it deserves; 2) to keep it fiom being demolished, and 3) to restore the home to its original state to foster an appreciation of its history. She said she is impressed with what has been done at the Smith Douglas More House and would be happy to see a similar partnership at the Cummins Grill House. Councilmember Young said if the conclusion fiom this discussion is to move forward with attempting to remove the LAWCON grant, the Council must be sensitive to potential costs. Lambert one key parcel remains to be purchased for the parks system. It is in the lower Purgatory Creek valley, and would be work well for the proposed land City Council Workshop November 9,2004-page 3 swap. He said the tricky part will be locating a lessee who agrees to the constraints related to adaptive reuse. It is likely that potential lessees will ask the City to provide substantial support, and Council will have to decide if it is worthwhile to expend the funds. Young said that in the case of the More House, he would have proposed that the tenant incur the cost of improvements and the City give them a good deal on the rent in return. Case said that at the time everyone agreed the deal that was struck was the only way to proceed and this may prove to be the case with the Grill House. Neal said staff has been given clear direction fi-om Council to explore adaptive reuse options for the Grill House and to proceed with efforts to remove LAWCON restrictions. Council asked staff to prepare a formal motion for the November 23 Council meeting. Council Chamber II. OPENFORUM HI. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES I ITEMNO: V.B. I EDEN PRAIRJE CITY COUNCIL TUESDAY, NOVEMBER 9,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and 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 Jan Nelson Curielli I. 11. 111. N. V. VI. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:OO p.m. Parks & Recreation Director Bob Lambert and City Planner Michael Franzen were absent. PLEDGE OF ALLEGIANCE COUNCIL FORUM LNVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosinan added an item under Reports of Councilmembers. Neal added two items under Report of City Manager, one regarding a request for salary cap exemption and one regarding the City Council portrait. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 19.2004 MOTION: Mosman moved, seconded by Young, to approve the minutes of the City Council Workshop held Tuesday, October 19, 2004, as published. Motion carried 5-0. CITY COUNCIL MEETING KELD TUESDAY, OCTOBER 19,2004 MOTION: Young moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, October 19,2004, as published. Motion carried 5- 0. B. CONSENT CA-LENDAR A. CLERK’S LICENSE LIST CITY COUNCIL MINUTES November 9,2004 Page 2 B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR SURVEY, PRELIMINARY DESIGN AND PREPARATION OF A COST ESTIMATE FOR RECONSTRUCTION OF PIONEER TRAIL C. APPROVE LEASE AGREEMENT WITH AMERICAN GLASS & MIRROR INC. TO STORE COMMUNITY THEATER PROPS AND COSTUMES D. ADOPT RESOLUTION 2004-154 ESTABLISHING A POLICY OF NOT CONSTRUCTING FENCES BETWEEN PARKS, RECREATION AREAS AND PLAYING FIELDS AND PRIVATE PROPERTY E. ADOPT RESOLUTION 2004-155 CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 2,2004 F. APPOINT SCOTT ANDERSON OF ROSEMOUNT PROCESS MANAGENENT TO THE MAJOR CENTER AREA TASK FORCE MOTION: Young moved, seconded by Butcher, to approve Items A-F of the Consent Calendar. Motion carried 5-0. W. PUBLIC HEARINGS / NEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LEONA ADDITION, VACATION 04-10 (Resolution 2004-1561 City Manager Neal said official notice of this public hearing was published in the October 2 1 , 2004, Eden Prairie Sun Current and sent to 3 property owners. Neal said the property owner has requested this vacation to remove underlying easements resulting from previous platting. Removal of the underlying easements will accommodate a clear replat of the property. The final plat of Best Buy Second Addition was approved by the City Council on October 19, 2004. The property owner has dedicated appropriate easements within the new plat. Neal said this is an action to accommodate the new Best Buy retail store. There were no comments from the audience. MOTION: Case moved, seconded by Young, to close the public hearing and to adopt Resolution 2004-156 vacating the drainage and utility easements within Lots 1,2 and 3, Block 1, Leona Addition. Motion carried 5-0. B. VACATION OF RIGHT-OF-WAY IN CEDAR FOREST FIRST ADDITION, VACATION 04-11 Resolution 2004-1571 Neal said official notice of this public hearing was published in the October 21, 2004, Eden Prairie Sun Current and sent to 7 property owners. CITY COUNCIL MINUTES November 9,2004 Page 3 E. X. Neal said the property owner has requested this vacation to accommodate an addition to their home and associated landscaping. Vacation of the 3o-foot wide right-of-way will enable inclusion of the vacated area into the property and allow setbacks to the house addition to be measured from the revised property line. This right-of-way was originally dedicated to the public in the plat of Cedar Forest First Addition for use as a vehicle turn-around and, with the extension of Valley Road into the adjacent plat of Seven Pines, is no longer needed for this purpose. A drainage and utility easement will be preserved over the entire vacated area. Dietz said our understanding is that we don’t know who will get this vacated right- of-way. That is a separate process and we don’t make that determination. There were no comments from the audience. MOTION: Young moved, seconded by Case, to close the public hearing and to adopt Resolution 2004-157 vacating the Right-of-way adjacent to Lot 7, Block 1, Cedar Forest First Addition as further described in the vacation resolution. Motion carried 5-0. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Case, lo approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and Tyra-Lukens voting “aye.” ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE Neal said Eden Prairie updated the Solid Waste Ordinance in 1993 to include provisions related to establishing geographical service areas and provide for collection of recyclable waste from residential customers. This amendment incorporates four changes to address the following items: 1. 2. 3. 4. Incorporation of requirements for the use of roll-off dumpsters; Provisions that recycling service be provided to commercial customers upon request; Updates to reflect changes in State and County regulations and requirements including reporting requirements; Miscellaneous issues that have arisen during day-to-day application of the ordinance. These are generally what would be defined as housekeeping items. Neal said we sent notification of this action to waste haulers and have received very, little feedback fiom them. CITY COUNCIL MINCJTES November 9,2004 Page 4 XI. XII. XIII. XIII. Dietz said the primary item is the one dealing with the roll-off dumpsters. The amendment addresses changes that have occurred over time. MOTION: Case moved, seconded by Butcher, to approve First Reading of the Ordinance amending City Code Section 5.36 relating to Licensing of Collectors of Solid, Recyclable and/or Yard Waste. Motion carried 5-0. PETITIONS, REOUESTS AND COMMUNICATIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Transportation Conference - Councilmember Mosman Mosman reported on a transportation conference she attended Monday at the University of Minnesota, sponsored by the Center for Transportation Studies. She noted the number of such conferences has dramatically increased because of the concern citizens have about traffic congestion. Mosman said it is important to reiterate that the City can work with the county, state and federal governments to lobby for things to happen, but we only have control of City streets. She said traffic congestion is partly a perceived problem because studies show we are not above average in terms of the growth of traffic. However, because we are a time-conscious, busy society we have become more fi-ustrated and less tolerant. It is also true there are some costs involved resulting from the increased traffic volume such as money lost in business transactions, delivery times and missed appointments. She said the issue of congestion is relative and can be a good thing since it means increased economic activity. She said people appear to be willing to pay for the use of HOV lanes. Those fees would help to pay for improvements. She reviewed some alternative measures being tried. They are finding the real estate values in the downtown area are up and there is a definite benefit fiom having less car traffic. There are other efforts underway such as the Minnesota Itasca project where CEO’s are getting together, hiring lobbyists and pressing legislators for some type of solution. She noted there is three to four times more talk about traffic problems now than ten years ago, and this is one of the pressing problems for the next legislative session. CITY COUNCIL MINUTES November 9,2004 Page 5 €3. C. D. E. F. G. H. She said our two transportation lobbyists are concerned we will soon reach a point where we will receive no more funding for road improvements but will have to make interest payments on the funds we have used. Tyra-Lukens thanked Councilmember Mosinan for her four years of commitment to transportation issues. Mosman responded that we have a good process in place that started with previous Councilmembers and staff and now things are starting to happen. Tyra-Lukens complimented staff on the new sound equipment and cameras in the Council Chambers. Neal said we have new equipment, thanks to the help of AVI, a local Eden Prairie business. REPORT OF CITY MANAGER 1. Council Photos Neal said every two years we take a new City Council photograph and we are in the process of taking competitive proposals for that. The goal is to have the photo ready to hang in January. He asked the Councilmembers if they would be available for a photo session at 5:OO PM on November 23rd in the Council Chambers. All the council members said they were available. 2. Exemption to State Salarv Cap Neal said it is time to seek approval of a salary cap exemption from the State. He would like to put the motion approving the City seeking such an exemption on the Council Agenda for the next meeting. The salary cap exemption would provide the Council with latitude to grant an increase in compensation to some Staff members. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR REPORT OF PARKS AND RECREATION DIRECTOR REPORT OF PUBLIC WORKS DIRECTOR REPORT OF POLICE CHIEF REPORT OF FIRE CHIEF REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:20 PM. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: These licenses have been approved by the department heads responsible for the licensed activity. DATE: November 23,2004 ITEM NO.: VI. A. Amendment to Liquor License 2AM Closing Permit - New Leiserv, Inc. Brunswick Eden Prairie Lanes Christy Weigel, Police/ Community Investigations Unit Amendment to Liquor License 2AM Closing Permit - Renewal Wadsworth Old Chicago Inc. DBA: Old Chicago Clerk's License Application List -1- CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTLDIVISION: Finance Sue Kotchevar DATE: November 23,2004 ITEM NO.: VI. B. ITEM DESCRIPTION: Resolution Relating To $1,660,000 General Obligation Improvement Rehnding Bonds, Series 1997B Requested Action: Move to: Adopt resolution relating to the redemption of $1,660,000 General Obligation 1997B Bonds Synopsis: The purpose of this redemption is to prepay the 1997B Building Refunding Bonds for interest cost savings. There have been adequate special assessment collections to prepay the bonds. The principal balance of the 2007 - 2012 maturities totaling $1,660,000 will be prepaid. The average outstanding coupon rate for the bonds to be refunded is 5.24%. The total interest savings is $352,537.50 which is $207,259.17 on a present value basis. Attachments: Resolution CITY OF EDEN PRAIRlE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1997B BE IT RESOLVED by the City Council of the city of Eden Prairie, Minnesota (the City), as follows: Section 1. The City has issued its General Obligation Improvement Refunding Bonds, Series 1997B (the Series 1997B Bonds) dated as of June 1, 1997, in the original principal amount of $2,845,000, of which $1,895,000 in aggregate principal amount is currently outstanding. Section 2. The Series 1997B Bonds maturing in the years 2006 through 2012 are subject to prepayment at a price equal to the principal amount thereof and accrued interest to the date of redemption upon notice of call for redemption thereof mailed not less than 30 days before the date specified for redemption to the registered holders of the Series 1997B Bonds and published as required by law. Section 3. This Board has determined that there exist sufficient moneys available for the prepayment of the Series 1997B Bonds to prepay the $1,660,000 aggregate principal amount of the Series 1997B Bonds maturing in the years 2006 through 2012. Section 4. The City Clerk is authorized and directed to determine a date on which the Series 1997B Bonds can be called and to cause U.S. Bank National Association (formerly known as Firstar Bank of Minnesota, N.A.), in St. Paul, Minnesota, the bank at which principal and interest on the Series 1997B Bonds are payable, to cause the Notice of Redemption attached hereto as Exhibit A to be mailed and published, if required, in accordance with Section 2. Section 5. No further action shall be required of the Council to complete the prepayment of the Series 1997B Bonds. ADOPTED by the City Council on November 23,2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CUSIP Maturity Amount CUSIP Rate Maturity Amount -- NOTICE OF REDEMPTION Rate $2,845,000 General Obligation Improvement Refunding Bonds, Series 1997B Dated June 1, 1997 City of Eden Prairie, Minnesota 2006 2007 2008 2009 $235,000 * 5.00% 2010 $245,000 * 5.30% 225,000 * 5.15 2012 235,000 * 5.40 250,000 * 5.20 230,000 * 5.05 2011 240,000 * 5.35 * indicates full call. are called for redemption and prepayment on February 1,2005. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment, on or before said date on which date they will cease to bear interest, in the following manner: If by Mail: (FULLY REG) U.S. Bank National Association Corporate Trust Operations, 3rd Floor St.Paul,MN 55164-0111 In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, the redeeming institutions are required to withhold 3 1 % of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled through the submitting of a W-9 Form, which may be obtained at a bank or other financial institution. If bv HAND or OVERNIGHT MAIL U.S. Bank National Association 60 Livingston Avenue Bond Drop Window, 1'' Floor St. Paul, MN 55107 P. 0. Box 641 11 EP-MN-WS3C U.S. Bank National Association, as successor to Firstar Bank of Minnesota, N.A., trustee for the bonds, shall not be responsible for the selection of or use of the CUSIP number, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned. Dated: , 2004. BY ORDER OF THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA /s/ Kathleen Porta, Citv Clerk ~~ CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTlDIVISION: 1 ITEM DESCRIPTION: Resolution for Compensation Review and Application for Salary Cap Waiver Office of the City Manager 1 For City Manager DATE: November 23,2004 ITEM NO.: VI. C. Requested Action Move to: Adopt Resolution directing the Human Resources Manager to conduct a compensation review and authorizing the Mayor to submit an application for a salary cap waiver for the City Manager Synopsis The City Manager’s annual salary, including an anticipated annual performance payment, is currently capped by the State’s local government pay law at $1 14,287.85. The City Manager reached this cap in January 2003. This year, the City Manager did not receive an increase in salary despite a performance review from the City Council that would have justified an increase. The motion before the Council authorizes the City to initiate an appeal process through state government that will enable the Council to exceed the salary cap for the City Manager’s annual salary. The process of seeking an exemption starts with the Council’s adoption of this resolution. The application asks for a salary cap exemption of up to $120,000. This amount is based on staff research of recent cap exemptions granted to other cities and local governments. If the City is successful in securing an exemption, the Council would then have the option of increasing the City Manager’s salary up to a new cap, as determined by the Department of Employee Relations. If the City is successful in obtaining a salary cap exemption, a review of the City Manager’s Performance and compensation through customary means would be conducted and compensation would be adjusted at the Council’s discretion. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION DIRECTING THE MANAGER OF HUMAN RESOURCES TO CONDUCT A COMPENSATION REVIEW AND AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR SALARY CAP WAmR FOR THE POSITION OF THE CITY MANAGER WHEREAS, Minnesota Statutes Q 43A.17, subd. 9(a) limits the salary and other forms of compensation for employees of a statutory city to 95% of the salary of the Governor of the State of Minnesota as set under section 15A.082; and WHEREAS, the salary cap results in the City Council not being able to grant a salary increase to the City Manager; and WHEREAS, Minnesota Statutes Q 43A.17, subd. 9(d) allows for a waiver process whereby the City may seek a legislative exemption to allow the City to compensate a specified position above 95% of the salary of the Governor of the State of Minnesota; and WHEREAS, the position of City Manager is currently limited to a maximum salary of $1 14,288 under Minnesota Statutes Q 43A. 17, subd. 9(a); and WHEREAS, to ensure flexibility in setting compensation for the City Manager position for several more years, the City is seeking a waiver that will allow the City to provide compensation for the City Manager position up to $120,000.00 per year; and WHEREAS, the City Council believes it to be in the best interest of the City to seek a waiver to the salary cap in order to retain a highly qualified City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, THAT: 1. The City Council directs the City of Eden Prairie's Manager of Human Resources to conduct a compensation review of City Manager positions and provide this information to the Mayor and Council. 2. The City Council authorizes the Mayor to seek a legislative exemption from Minnesota Statutes 5 43A.17, subd. 9(a) to allow the City to provide compensation for the City Manager position up to $120,000.00 per year. ADOPTED by the Eden Prairie City Council this 23rd day of November, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk (Seal) PITY COUNCIL AGENDA SECTION: DEPARTMENT/DIVISION: ITEM DESCRIPTION: 1 DATE: November 2 1,2004 ITEM NO.: V I. D. Lisa Wu, Office of the City Manager, Information Technology Voice and Data Service Contract Renewal REVISED Requested Action Move to: Accept proposal from KMC to renew voice and data service at a cost of $3,569.10 per month and $42,829.20 per year, and authorize execution of the contract with such changes, except price, as are approved by the officers executing the Agreement and authorize the Mayor and City Manager to execute the agreement. Synopsis The City’s five-year voice and data services contract with KMC Telecom expired in September 2004. Our current monthly payment to KMC is approximately $6,300. After negotiating with KMC Telecom for a new three-year contract, they offered us the five-year rate on a three-year term for 47 of the City’s business lines. Our monthly payment will be reduced to approximately $4,300 per month. The total estimated savings three years will be approximately $72,000. Background Information This proposal is for a three-year term of voice and data services for the City of Eden Prairie. The City received proposak from KMC Telecom, POPP Telecom and US-Link. The three proposals were within $150 of each other per month. Staff recommends accepting the proposal from KMC, the lowest overall of the three proposals. Continuing with the current vendor will eliminate down time related to switching services. In addition, IuLlC will provide a better quality of connection for PRI through fiber instead of copper. The other vendors either do not provide Point to Point DS 1 or provide it a higher rate. Attachments KMC proposal Agreement CITY COUNCIL AGENDA SECTION: DATE: November 21,2004 ITEM NO.: VI. D. DEPARTMENTDIVISION: Lisa Wu, Office of the City Manager, Information Technology Requested Action Move to: Accept proposal from KMC to renew voice and data service at a cost of $3,569.10 per month and $42,829.20 per year, and authorize execution ofthe contract. ITEM DESCRIPTION: Voice and Data Service Contract Renewal Synopsis The City’s five-year voice and data services contract with KMC Telecom expired in September 2004. Our current monthly payment to KMC is approximately $6,300. After negotiating with KMC Telecom for a new three-year contract, they offered us the five-year rate on a three-year term for 47 of the City’s business lines. Our monthly payment will be reduced to approximately $4,300 per month. The total estimated savings over three years will be approximately $72,000. Background Information This proposal is for a three-year term of voice and data services for the City of Eden Prairie. The City received proposals from KMC Telecom, POPP Telecom and US-Link. The three proposals were within $150 of each other per month. Staff recommends accepting the proposal from KMC, the lowest overall of the three proposals. Continuing with the current vendor will eliminate down time related to switching services. In addition, KMC will provide a better quality of connection for PRJ through fiber instead of copper. The other vendors either do not provide Point to Point DS1 or provide it a higher rate. Attach men ts KMC proposal Agreement Eden h&k! Mike Twomey Accotrrif Erecrrfivc SERVICE AGREEMENT Dire Dale CUSTOMER INFORMATION: RemX-YEIB Lisa Wu Customer Name: Cl’IY OF EDEN PRAIRIE Contact Name: Customer Address: 8080 Mitchell Road Contact Phone: (952) 949-8514 CitylStatelZip: Eden Prairie, MN 55344-4485 Contact Fax: (952) 949-8383 BillingName: 8080 Mitchell Road Technical Phone: (952) 949-8544 Technical Contact: Ryan Browning E-Mail Address: Iwu@iedenprairie.org Billing Address: 8080 Mitchell Road Lisa Wt Cify/Slale/zip: Eden Prairie, MN 55344-4485 BTN: I Billing Phone: v Fed Tax ID / Social Security Number: Billing Confacf: In Business Since: No StateLocal Tax Exempt? YCS CURREhTCARRfERS: Ped T.ax Exempt? Local: I<I\.IC Long Distance: KMC EUCL Exempt? No E911 Charges Exempt? No PBHKey SystedOther MC Integrated Access Data Only (Tl, T3 Web Hosting Service (w/DIA Only) Long Distance Service Wide Area Calling Option Service Domain Name Registration Service Toll Free Service(Dornestic, International) Voice Mail Service KMCPointtoPointDSlDS3 Calling Card Service KMCAccessDSlIDS3 Prepaid Calling Service JSMC Super Bundle Service Pkg KMC Integrated Acces w/ Flat Rate LS KMC Integrated Access w/ Msghkrd Rate LS KMC Integrated Acces Centrex w/ Flat Rate LS KMC COLO Space KMC Dark Fiber TERM OF AGREEMENT: 3 Years KMC Telecom and the Customer hereby agree to the rates, terms, and conditions set forth in this Service Agreement, and in any Addenda or Supplements (including without limitation the Calling Card Agreement, the Centrex Detail Sheet, and the KMC Voice Messaging Order Fom) attached hereto as of the date first signed hereunder (“Effective Date”). Title Date Director Title Date Customer Representative KMC Representative +‘rrKIiW VIS Addendun A, Terns & Conditions, Calling CardAgIzcnlcnl, Letfcr OfAgency, Credit Application. and DedicafedAmss Agreelnent CUSTOMER INFORMATION: TERMS & CONDITIONS Mikc Twomey Accorinf Exccurivc Customer Name: C1m OF EDEN PRAIRIE Customer Address: SO80 Mitchell Road City/SlatdZip: Eden Prairie. MN 55344-4485 Contact Name: Lisa Wu Contact Phone: (952) 949-8514 E-Mail Address: Iwu@edenprairic.org Contact Fax: (952) 949-8383 TERM OF AGREEMENT: 3 Years TERMS & CONDITIONS: . 1. KMC will omvkle lo Customer intrastate, interstate andlor international telecommunkalions services ('Services') as set forth in this Agreement, subject to the availabilii of suitable facilities. Terms and Condilions (for domeslic and international long distance) and any applicable state tariff (Tariff) which may be amended from time-to-time (collectively, the 'Agreemenr). The Tarilfs are publicly available and the Interstate and International Service Terms and Conditions are posted at http:/lwww.kmclelecom.comlregulalory and by request from KMC, and both the Tariffs and Interslate and International Service Terms and Condilions are incorporated herein by reference, In the case of conflicting provisions In the documents comprising this Agreement, the order of precedence shall be the applicable Tariff, KMC's Interstate and International Service Terms and Condilions, Ihe Agreement, and any Addenda. In the event that a Tariff is cancelled as a result of federal or stale detarifling, the provisions of the Tariff survlve such cancellation and shall be incorporated into this Agreement as such provisions exist on the day prior to such cancellalion. 2. Services will be provided under the rates, terms and conditions of this Service Agreement, any attached Addenda, KMC's Interstale and International Service 3. Should the Cuslomer cancel or change the Services requested prior lo the Due Date, lhe Customer shall pay KMC all costs Incurred by KMC lo install the Services or in preparing to install the Services that otherwise would not have been incurred. 4. Customer agrees to pay all charges for Services in accordance wilh the terms of the invoice received. The Customer is responsible for the payment of invoices lo KMC for all usage of Services by Customer. Invoices are payable wilhin thirty (30) days of the date of the invoice. Any invoice not paid by the Due Date will bear late payment fees at the lower of 1.5% per monlh or the highest rate legally permissable, unlil paid. KMC may revise the rates, monthly recurring and other charges required by this Agreement at any time upon written notice to Customer or as may be otherwise required pursuant to the Tariff. Unless a latereffeclive date is othewise slated in the notice, revised rates are effeclive within thirty (30) days of the date of KMC's written notice. Customer may, at its option, terminate this Agreement prior to the effecfive date of a rate change by providing wrilten notice lo KMC; provided, however, Cuslomer may not terminate this Agreement if Ihe rate Increase is required as a result of an increase in governmental charges, taxes or unanticipated third-party costs. Customer shall not be assessed terminalion liabllity charges for terminating this Agreement pursuant to a rate change; provided, however, Customer shall not b incurred prior lo the terminalion of this Agreement, or any charges associated with the disconnection andlor relocalion of any Services. the use of Services without the express written consent of KMC. 5. KMC may assign its rights and delegate its duties under this Agreement without Ihe pimr, written consent of Customer. Customer may not transfer or assign 6. KMC may subcontract products, Services or maintenance of Services lo third parties at KMCs sole discretion and expense. 7. At the explration of the Term, Services shall continue on a month-to-month basis at the then current month-to-month rates unless terminated by either party upon thirty (30) days written nolice. Any termination shall not relieve Customer of its obligalion to pay any charges incurred. The rights and obligations, which by their nature extend beyond the terminalion of the term of this Agreement, shall survive such termination. 8. This Agreement shall be governed and conshed in accordance with the laws of the State of New York without reference to conflick of law provisions. 9. If a Cuslomer terminates or cancels Service after Service has been Initialed, but before the complelion of the Term for any reason, the Customer agrees to pay to KMC termination liability charges, as defined below. These charges shall become due and owing as of the effective date of the cancellation or terminalion. The Customer's termhation liability for cancellalion of Service shall be equal to: (A) all unpaid and waived non-recurring charges reasonably expended by KMC as well as all costs incurred by KMC to establish service to the Customer, including, without limitation, any installalion costs: plus (B) any disconnect, early cancellalion or termination charges reasonably incurred andlor paid to third parties by KMC on behalf of the Customer, including, without limitalion, any contract terminalion penallies for a previous carrier for which KMC either reimbursed the Customer or pald on behalf of the Customer; plus (C) all recurring charges for the balance of the then current term discounled at the prime rale announced in Ihe Wall Street Journal on the third business day following the date of cancellation: plus (D) the difference belween KMC's month lo month rates multiplied by the actual length of Service and the Customer's ten rates. 10. No KMC sales representalive has the authority to modify the printed portions of the service order form. Any modifications or amendments to this Agreement must be requested and approved in writing by a duly authorized representalive of KMC and Customer. Customer Reprcscntative Title Date KMC Representative Title Date ADDENDUM A Qty (Description of Services 2 IKMC T1 Access PKI Service Notes to Service Agreement Service unit Non- I Otal NOW Recurring Unit Recurring Charges Total Recurring Recurring $5 0 0.0 0 $25.25 %1,050.50 Mikc Twomcy Accomf Exccnrrivc CUSTOMER IhTORiViATION Reaewa6 Customer ~ame: CITY OF EDEN PRAIRIE Customer Address: SO80 Mitchell Road City/Statc/Zip: Edcn Prairie, MN 55344-4485 Contact Name: Lisa Wu Contact Phone: (952) 949-8514 E-Mnil Address: Iwu@edmprdirie.org Contact Fax: (952) 949-8383 Access Hours: I I ~~ SIGNATURES: Long Dlstance md Toll Free Rata arc buscd on G second billing incrcrncnts Customer Representative Title Date Director KMC Representative Title Date Intrastate Long Distance Interstate Long Distance APPENDIX A Municipal Contract Provisions Unless excluded by the applicable law the following provisions shall apply to this contract: 1. 2. 3. 4. 5. 6. Definitions. The following definitions apply to this Appendix. 1.1 “City” means the City of Eden Prairie. 1.2 “Seller” means KMC Telecom 1.3 “Contract” means the Terms and Conditions between Seller and the City to which this Appendix is attached. Data Practices Act. The Seller shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Seller. Audits. The books, records, documents, and accounting procedures and practices ofthe SelIeror other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. Worker‘s Compensation. Seller represents and warrants that it has and will maintain during the performance of this agreement worker= s compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker- s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. Discrimination. In performance of this contract, the Seller 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 Seller, any subconlractor of the Seller, or any applicant for employment. The Seller shall include a similar provision in all contracts with subcontractors to this contract. The Seller further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363 .O 1 , et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Conflicts. No salaried officer or employee of the City and no member of the Council ofthe City shall have a financial interest, direct or incljrect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be 1 violated. 7. - Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 8. Limitation of Remedies. Neither party shall not be entitled to recover punitive damages in the event of a breach of the Contract. By signing this Appendix the parties acknowledge that the above provisions become part of the Contract unless excluded by applicable law. SELLER City BY Its ep\genenl\contract provisions 050604 BY Its Mayor BY Its City Manager 2 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION Eugene A. Dietz, Director Public Works Award Contract for Construction of Well No. 15 Requested Action Move to: 0 Award contract to Keys Well Drilling Company, in the amount of $216,675 for construction of Well No. 15. DATE: November 23,2004 ITEM NO.: VI. E. Synopsis In accordance with the City’s water supply plan, additional wells have been added as required to approximate the demand from our customers. This contract will be to bore the actual “hole” for Well No. 15 and a subsequent bid will be received to construct the well house, to be constructed next summer. Background Information Well No. 15 is actually the 14’h well of our system, since unique Well No. 1 was abandoned as part of the TH212 construction project. The “rule of thumb” is that each of our wells will provide approximately two million gallons of water per day. However, the “fum capacity” is the actual well capacity with one of the wells assumed to be out of production because of mechanical failure, etc. Our water plant has a capacity of 28 million gallons per day (mgd) and fourteen wells will provide a firm capacity of approximately 24 or 25 mgd. We are likely to need at least two more wells for our finished system, which will likely be required within the next 3-5 years. Well No. 15 will be on the north side of Technology Drive, west of Mitchell Road. We received an easement at no cost from the Eaton Corporation, which will be at the southwest corner of the former CPA building site. Two bids were received for the construction of Well No. 15 as follows: Bidder Bid Amount Keys Well Drilling Company $2 16,675.00 E. H. Renner 62 Sons, Inc. $237,950.00 Engineers Estimate $220,339.00 The bid by Keys Well Drilling was slightly below the engineer’s estimate anticipated for this project. Therefore, staff recommends that the project be awarded to Keys Well Drilling. This project, as well as the well house, will be hnded through the Utility Construction Fund. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTLDIVISION: ITEM DESCRIPTION: Eugene A. Dietz Public Works DATE: November 23,2004 ITEM NO.: VI. F. Approve Easement Agreement with Eaton Corporation for Well No. 15 Requested Action Move to: Approve Easement Agreement with Eaton Corporation for Well ‘No. 15 Synopsis This Easement Agreement between the Eaton Corporation and the City of Eden Prairie provides for a permanent easement in the southwest corner of the former Cooperative Power Association building site for construction of Well No. 15. The Eaton Corporation has granted this easement at no cost to the City of Eden Prairie. Background Information When the Eaton Corporation purchased the former CPA building a few years ago, the issue of acquiring an easement for construction of a new water well was raised during the site plan approval process. Eaton committed to “work with the City” at the time that a well was required. Staff has negotiated an Easement Agreement to accommodate new Well No. 15 with the following terms: e e e e e e e Permanent easement for use as a well site Commitment to construct the well house using compatible materials, colors and architecture and giving Eaton the right to review and approve the design plans An agreement to relocate a nearby sign, at City cost, if Eaton determines that the location is incompatible with the well site. City assumes liability for all activities on the well site. City will maintain insurance coverage during construction. The easement may not be transferred without written approval of the Eaton Corporation; and If the well site is abandoned, a vacation procedure of the easement will be initiated. The contract to bore the well is also included on this agenda. Staff recommends approval of the Easement Agreement with the Eaton Corporation. Attachments e Easement Agreement EASEMENT AGREEMENT ’This Eascmciit hgrceinent (“Agrcciiicnt’l’) is made this 3 day of Noscinbcr, 2004 by and. bct-weai Eaton Corporation, an Ohio corportitiou (“Graiitor”) and tlic City of 13dcn Praiuic, a Mtinicipal corporation under the laws of the Spate of Miiiticsotn (“Grantce”j. RECITALS : A. Grantor is the awier of Lot 1, Block I, Cooperative Powcr Addition according to the plat thereof on fiJe and of record in I-Ieiinepin Comity, Miniiesota (“Property”), B. ‘The parties dcsire that Grantor grant a perjiiancizt caseiiiciit in the Grimtee for the purpose of owning, constructing and i-iiaiiitaiiiing il municipal water supply ~11, well housc aitd appurtetmt facilities. NOW ’I’H13WdFORE, the partics I~ereto agree as follows: 1. Grantor grants and conveys to Grrtritcc a Pcniiancnt Easement aver and across thc Southerly 105 feci d the Westerly 105 fccl of Lot 1, Block 1, Coupcrative Powcr Acldi tion. 2. Thc I-’ermmiciit Easement shall bc for- the purpose of owning, cous[mcting and maintaining D municipal water supply well, well liouse and ilppurtelia1t faciliiics. 3. Grantee shgll construct the well liouse using materials, colors aid. m.chitccture comp9tible with the cxistitig masonry building on the Propcrty. G~iiillmr shall Iiaw the right to review and approve die constrmtion plms for the well house, approval of 1~11.ich shall not unreasonably be witlihcld. 4. Within oiic year of coiiipletion of construction of the well housc and upon wiittw request, Grantee sliall ~*clocatc at its sole cast tltc cxisling iiioiiume~ilt/~ircctianal sigii to rz locatian suitable to Grantor. Said cwrellt sign geiierally located along tlie north side of Technology Drive, lying betveen tllc Perriinrient &.asetiicnt location aiid the existing driveway to the Eaton Industrial building. 5. 6. 7. 8. 9. Grantee sliall indemnify and hold liaimless Grantor from any and all liability related io or arising out of caiisnuctioii and/or Iiiaintaiance of tlie improvemetits. Nothing in this agreement consritutes a waiver by the Grantee of any statutory or ~omiiioii law dclkises, immuliities, or hits 011 liability. The iiidcinnificatio~.~ obligation of the Grantee under this Agreciiient cmiot csceed the clmounl' rx City wo~ild be obligated to pay uiidcr the provisions and Iiinitations of Rilioiiescrla Stathtes Chapter 466. If Granrtx abrli~doiis use of the Pernistneiit Baseimtit for purposes set forth it1 paragrq~h 2 above, Granrec shall seek City Chuncii approval. to vacate dic Permaaent E.nserizeiit pursuant to Minnesota Statutes Section 4 1.2.85 I.. AI I pruvisions of this instrument, including the berzefrts and burdew, rim with thc land and are binding upun and inure tu the succcssors, assigns, and tenan~q of'tbe pzixti es here to . Notwithstanding the above and except for assigiinlerzt to another Goveriimcnt:xl entity, Grantcc imy iiot assign its rights under this Eascmcnt Agrccnieiit without the express wriflcn consent of Grantor, which comcn~ sliall not hc unreasonably wi ihhd d + CSRANTO li: Its Vice Prcsidcnt st Sec1:eta-y GRANTEE: City of Eden Prairie STATE 01-7 01-110 1 1 COUNTY OF CUYAI-1OGA) 'l'lie foregoing instruinent wis acknowledged before iiie this 9Ih day oE November, 2004 by Robert: E. Pwmenter, Vice I~rcsiclent & Treasurer and Earl I<. Franklin, Vicc President &, Secretary of Eaton Corporation, an Ohio Corporation. 'Ilic lirl-egoing instrument was acknowlcdged before me this - day of September, 2004 by Nancy Tyra-Lulmx, the Mayor and Scott €1. Neal, 11ie Managcr, of the City of Eden Prairic, il Mmiicipnl Corporation under the laws of the Statc ofh4inncsc)ta. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Leslie Stovring, Public Works/ Environment a1 Sew i ces Second Reading of an Ordinance Amending City Code Section 5.36 Requested Action DATE: November 23,2004 ITEM NO.: VI. G. Moveto: Approve Second Reading of an Ordinance Amending City Code Section 5.36 Relating to Licensing of Collectors of Solid, Recyclable and/or Yard Waste. Adopt Resolution Approving Summary Ordinance for Publication Synopsis The amendment to the City Code incorporates changes to address the following. 1. 2. 3. Incorporation of requirements for the use of roll-off dumpsters. Provisions that recycling service be provided to commercial customers upon request. Updates to reflect changes in State and County regulations and requirements, including reporting requirements. Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. 4. Background Information The first reading for the Ordinance was on November 9, 2004. Minor editorial changes were made to the ordinance since that time. In addition, a provision was added to Subd. 6 (A) to include solid waste collection at a frequency of at least weekly. This was intended to require solid waste collection at a regular frequency and to prevent the use of larger dumpsters at individual residences for long-term collection or storage of regular garbage or solid waste. Subd. 7 was modified to include an exception to Subd. 6(A) only if the Roll Off container is used for collection of construction, demolition or renovation materials. Attachments Ordinance Summary Resolution Ordinance Summary City Code Section 5.36 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 30-2004 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 30-2004 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 23'd day of November 2004. NOW THEREFORE, BE IT RESOLVED BY TKE CITY COUNCIL OR THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 30-2004 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 30-2004, attached hereto, conforms to M.S. 8 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made availabIe for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E, Ordinance No. 30-2004 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on November 23,2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRTE HJiiNNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. - 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTmR THINGS, CONTAIN PENALTY PROVISONS. The following is only a summary of Ordinance No. - 2004. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Section 5.36 by clarifying the definition of a “Licensee” to indicate that those entities collecting and transporting waste in roll-off containers are subject to the City Code Section. The City Code Section has been revised throughout to reflect the updated definition of Licensee, including clarification regarding what license requirements are applicable to operators of roll-off containers. A provision has been added to the City Code Section which prohibits the placement of roll-off containers within the street or other public property in accordance with Section 6.06 of the City Code. Further, all references to “solid waste” in the City Code Section have been amended to state “solid, yard and recyclable waste”. The City Code Section has been updated throughout to reflect this revision. The reporting requirements for all Licensees regarding recycling collection services have been Curther defined. A provision has been added to the City Code Section which requires Licensees to collect recyclable waste from commercial or business customers upon request. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on January 1,2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lultens, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2004. CITY OF EDEN PRAI[RTE HEIWEPIN COUNTY, MINNESOTA ORDINANCE NO. -- 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUN'CIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5, Section 5.36 shall be amended in its entirety as follows: SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE. Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters, the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following provisions relating to the collection of solid waste, recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency ('MPCA'I) that is designed or operated for the purpose of disposing of solid waste. B. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. -1- C. D. E. F. G. H. Licensee - Licensee means a person licensed to collect and transport solid, recyclable and/or yard waste or roll off containers as provided in this Section. Recyclable Waste - Recyclable waste means those components of solid waste consisting of organics, glass, metal containers, and newsprint, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulatioas, and State Statutes and Regulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. Residential Customer - Residential customer means a person or persons who is or are customers of a licensee residing in any building which is used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals, or nursing homes. Roll Off Containers - Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap, recycling, liquid, solid waste or yard waste materials or debris. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting fiom industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawfil for any person to collect solid, recyclable and/or yard waste fiom any person, or transport the same, without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste fiom the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. -2- Subd. 5. The following are conditions applicable to each licensee for a license for the collection of solid, recyclable and/or yard waste: A. B. C. D. E. F. G. Each licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may fkom time to time be amended by the Council by resolution. No licensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. Each licensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid, recyclable and/or yard waste. No licensee shall operate a vehicle on any city street which exceeds eight (8) tons per axle weight. No licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:OO o'clock A.M. of any day, and shall not operate in a residential district on Sunday. Each licensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid, recyclable and/or yard waste. Each licensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid, recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. Each licensee shall take all precautions necessary to protect the public against injury and shall defend, indemnifjr and save the City harmless fi-om and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the licensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or yard waste. Each licensee shall also defend, indemnify and save the City harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by licensee including claims for material or services furnished or subcontracted for by it. Each licensee shall also defend, indemnifjl, and save the City harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys' fees and expenses of City), causes of action, suits, claims, demands -3- and judgments of any nature arising from violation of any representation, agreement, warranty, covenant or condition made by licensee or imposed upon licensee by Section 5.36 of the City Code. 13. Each licensee shall obtain and furnish to City evidence of all insurance required under this subdivision, covering all vehicles to be used and all operations to be performed by licensee in collecting and transporting solid, recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. Existence of the insurance required herein shall be established by fhrnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the date of commencement of the license period, and continuing for a policy period of at least one (1) year and providing the following coverages: 1. Public liability insurance, including general liability, automobile liability, completed operations liability, and loading and unloading liability in the following amounts. 2. Bodily injury liability in the amount of at least $100,000 for injury or death of any one person in any one occurrence. 3. Bodily injury liability in the amount of at least $300,000 for injuries or death arising out of any one occurrence. 4. Property damage liability in the amount of at least $50,000 for any one occurrence. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of licensee to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and hish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. -4- Said policies of insurance shall be hrnished by a licensee to City for examination and approval prior to the effectiveness of any license issued to a licensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required, and stipulating that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to City. After examination and approval of said policies by City, they may be returned to the licensee, but the certificates of insurance shall be retained by City. Upon request by City, licensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. Each licensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. I. Each licensee shall at all times operate its business of collecting, transporting and disposing of solid, recyclable and/or yard waste in compliance with all local, state, and federal laws. Each licensee shall obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. J. Each licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Subd. 6. In addition to the conditions imposed upon licensees set forth in Subd. 5 hereof the following are conditions applicable to each licensee for a license for the collection of solid, recyclable and/or yard waste from customers effective August 1, 1989. Each such licensee shall: A. B. C. D. E. F. Collect or provide for the collection from each customer of the licensee of recyclable waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a weekly basis on the same day or days that the licensee collects other forms of solid waste from such customer as described in Subd. 5(A). Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. Provide for and collect yard waste fiom each residential customer of the licensee at least as frequently and on such day or days as it shall collect other forms of solid waste fiom such residential customer between May and October. A licensee shall not deliver to, dump or dispose of yard waste on or in a Disposal Facility. Make available for sale and sell at a reasonable cost to the licensee's customers, containers for recyclable waste approved by the City. Provide to the City quarterly a written report setting forth the amount, by weight or volume, of each of the following collected during the preceding month from all of the residential customers of the licensee in the City: -5- 1. 2. 3. 4. 5. 6. 7. 8. 9. Glass Metal containers Newsprint Mixed Paper Cardboard Plastic All other recyclable waste Yard waste All other solid waste The reports shall identify the following regarding recycling services: 1. 2. Number of Single Family Households (1-4 Units) with curbside recycling service. Number of Multi-Family Households (5 units and higher) with curbside recycling service. The reports shall also set forth the costs incurred by the licensee in providing the services for the collection of recyclable waste and yard waste required by this Section. All documents evidencing the amount of the foregoing materials received by the licensee from the facility or facilities at which the foregoing have been disposed shall be retained by the licensee for a period of at least five (5) years and shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. G. Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof H. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off licensees except as follows: 5.36, Subd. G(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable to Roll Off licensees unless the Roll Off Container is used for collection of construction, demolition or renovation materials. Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within the street or other public property. Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed upon a licensee by the City Code shall constitute a sufficient ground to withhold issuance, suspend, or revoke the license of a licensee. -6- Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or yard waste, or payment for such services to any person, and nothing in this Section shall be deemed to constitute a licensee a partner, joint venturer, agent or representative of the City or to create the relationship of employer-employee. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are herby adopted in their entiretyy by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective January 1,2005. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of November, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on 2004. -7- I CITY COUNCIL AGENDA I DATE: I DEPARTMENTDIVISION: Paul Sticha, Office of the City Manager, Facilities I SECTION: Consent Calendar ITEM DESCRIPTION: Snow Removal Contract at City Center and Den Road for 2004 - 2005 Season ITEM NO.: VI. H. I November 23,2004 Requested Action Move to: Accept the two proposals fiom Beniek Property Services to perform snow removal service at the City Center and the Den Road Liquor Store for the 2004 - 2005 winter season (Oct 15,2004 - Apr 15,2005). Synopsis 0 0 0 Two proposals were solicited for snow removal at these two buildings, one from Beniek and one from Greenside. When the "per time" cost for parking lots and sidewalks are combined, Beniek was low at City Center and just slightly higher at Den Road. Services include snow removal fiom drives, entries, lots and sidewalks on a ''per time" basis with cost depending on the depth of snowfall. Services also include broadcasting salt on sidewalks and sandhalt mix on drives and lots. Background Information 0 0 0 0 Previously these contracts were with United Properties, as UP was managing these two buildings for the City prior to July 1,2004. Previously, these contracts were at a fixed monthly amount, with the cost remaining the same each month regardless of snowfall. The new contracts are ''per time" so we will pay depending on the amount of snowfall. Therefore, if is snows less, we will pay less and if it snows more, we will pay more. While the ''per time" contract is more difficult to budget for than the fixed monthly amount, I prefer the "per time'' because we only pay for what we need. Attachments 0 Cost comparison worksheet 0 Snow removal cost history 0 Two originals for each building of the Service Contracts to be signed 0 Beniek proposals attached to contracts 2004-2005 Snowplowing Proposals Snow Falls 1"-4" Snow Falls 4.1"-8" City Center $ 1,725.00 $ 2,220.00 $ 2.415.00 $ 3.330.00 Det B $ 310.00 $ 434.00 $ 180.00 1 $ 270.00 Den Road I eniek Greenside I" " - ._ -- - I Snow Fails 8" -12" ti 4:290.00 i i 4:440.00 i i 772.00 1 $ 360.00 I I Snow Falls in excess of 12.1" i ' Time & Materials 1 ' Time & Materials Snow Removal Cost History thru 10/31104 20021 2003 I 2004 I I city Center I $41,9441 $49,022 I I I I I I I /Den Road I $15,000( $18,0001 $9,0001 SNOW REMOVAL SERVICE AGREEMENT THIS AGREEMENT is made as of this 23rd day of November, 2004, by and between Beniek Property Services, Inc. (“Contractor”), a Minnesota corporation with its principal office located at 8229 Upland Circle, Chanhassen, MN 55317, and City of Eden Prairie, (“City”) with its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433. RECITALS: A. 8080 Mitchell Road, Eden Prairie, Minnesota. City is the owner of a building known as the City Center (“Building”) and land located at C. ’ City desires to engage Contractor to perform snow removal from sidewalks, drives and parking lots, and to broadcast sandhalt mix on drives and salt on sidewalks, Service to be done on a ‘‘per time” basis depending on depth of snowfall based on the attached proposal. D. Contractor desires to provide the services specified above and as the same are more fully set forth in the Proposal for Snowplowing Service dated October 27, 2004. See terms and conditions within attached proposal. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor here agrees, to provide snow removal services at the Building upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of October 15,2004 and shall continue until April 15, 2005. 2. Services to be Provided by and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to, the following obligations: a. Snow removal from parking lots, driving lanes and entrances. b. Daytime ‘‘open’’ plowing and sidewalk shoveling. c. Shoveling of sidewalks. d. Labor to apply ice control for sidewalks. e. Broadcast sandhalt mix on parking lots and drives. 3. City’s Obligations. City will do or provide to Contractor the following: a. Salt to be broadcast on sidewalks. b. Two parking stalls near garage for bobcats. 4. Monthly Accounting; and Payment. a. Contractor shall prepare and submit to City, by the 15’h of the month, a Services Operations statement setting forth snow removal services for the preceding month. b. Payment shall be made by the City within 45 days of submission of the Services Operations statement, provided the City has not contested any item on the statement. Payment of contested items may be withheld until resolution satisfactory to both parties subject to the Dispute Resolution provisions of Section 17 hereof. 5. Insurance. Contractor shall provide the following insurance: a. General Liability Aggregate $2,000,000 Personal Injury $ 1,000,000 Each Occurrence $ 1,000,000 Products and/or Completed Operations Aggregate $ 2,000,000 b. Umbrella Liability $1,000,000 c. Worker’s Compensation Statutory d. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. 6. Indemnification. Contractor will indemnify City and hold it harmless fiom and against a11 judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting fiom any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 7. Termination. 2 Either party may terminate this Agreement at any time by giving notice of its intention to do so, to the other, as provided herein, at least thirty (30) days prior to the intended date of termination. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time afcer such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section G of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. 8. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is in writing, and if it is directed to Contractor, by delivering it personally to the owner of Bienek Property Services; or, if it is directed to City, by delivering it personally to the Facilities Manager, or, if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to City: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 If to Contractor: Brian Beniek Beniek Property Services 8229 Upland Circle Chanhassen, MN 553 17 3 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 9. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. 10. Assignment. Contractor shall not assign this Agreement, or engage a subcontractor for its performance, in whole or in part, without the prior written consent of City, except that Contractor, without prior approval and without exoneration of any responsibilities, may assign this Agreement to a wholly- owned subsidiary. 1 1. Data Practices Act. Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of Contractor. 12. Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. 13. Worker’s Compensation. ’ Contractor represents and warrants that it has and will maintain during the performance of this agreement worker’s compensation insurance coverage required pursuant to Minn. Stat. 176.181, Subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker’s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 4 14. Discrimination. In performance of this contract, Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor hrther agrees to comply with all aspects of the Minnesota Human Rights Act, Miim. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or 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. 16. General Agreements of Contractor and Citv. a. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each. case. b. Neither party shall be liable for any breach of the Agreement caused by fires, floods, wars, riots, strikes, or other events or acts beyond the control of the party or parties affected thereby. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. d. Contractor’s books and records pertaining to its gross catering sales shall be available during normal business hours for audit by City at City’s expense at Contractor’s principal offices for a period of one (1) year from and after the monthly period to which such books and records relate. e. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. f. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. 5 receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. g. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. h. Contractor’s personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by City’s no smoking policies. i. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. j. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. k. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys’ fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement 17. Dispute Resolution. a. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation, shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. b. Arbitration. Subject to the requirement for mediation stated above, all disputes, claims or controversies arising fiom or relating to this Service Agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect as a condition precedent to initiating legal or equitable actions by either party. A demand for arbitration shall be filed in writing with the other party to this Agreement and the American Arbitration Association. No arbitration award shall include exemplary or punitive damages. The authority of the arbitrator shall be limited to deciding 6 matters pertaining to or arising out of the performance of obligations required by the Service Agreement of either party. In so doing, the arbitrator shall apply the principles of law of the State of Minnesota. 18. Agreement Supersedes Other Agreements. This Agreement supersedes and supplants all previous agreements and understandings, whether oral or written, between the parties. CITY OF EDEN PRAIRIE Date: By: Scott Neal Its: City Manager Date: By: Nancy Tyra-Lukens Its: Mayor Date: Date: CONTRACTOR By: Its: By: Its: EP/Admin/Form Service Agreement.102504 7 SNOW REMOVAL SERVICE AGREEMENT THIS AGREEMENT is made as of this 23rd day of November, 2004, by and between Beniek Property Services, Inc. (“Contractor”), a Minnesota corporation with its principal office located at 8229 Upland Circle, Chanhassen, MN 55317, and City of Eden Prairie, (“City”) with its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433. RECITALS: A. land located at 8020 Den Road, Eden Prairie, Minnesota. City is the owner of a building known as Municipal Liquor Store #2 (“Building”) and C. City desires to engage Contractor to perform snow removal from sidewalks, drives and parlcing lots, and to broadcast sandhalt mix on drives and salt on sidewalks. Service to be done on a ”per time” basis depending on depth of snowfall based on the attached proposal. D. Contractor desires to provide the services specified above and as the same are more hlly set forth in the Proposal for Snowplowing Service dated October 27, 2004. See terms and conditions within attached proposal. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor here agrees, to provide snow removal services at the Building upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of October 15, 2004 and shall continue until April 15, 2005. 2. Services to be Provided by and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to, the following obligations: a. Snow removal fiom parking lots, driving lanes and entrances. b. Daytime “open1’ plowing and sidewalk shoveling. c. Shoveling of sidewalks. d. Labor to apply ice control for sidewalks. e. Broadcast sandhalt mix on parking lots and drives. 3. City’s obligations. City will do or provide to Contractor the following: a. Salt to be broadcast on sidewalks. 4. Monthly Accounting and Payment. a. Contractor shall prepare and submit to City, by the 15th of the month, a Services Operations statement setting forth snow removal services for the preceding month. b. Payment shall be made by the City within 45 days of submission of the Services Operations statement, provided the City has not contested any item on the statement. Payment of contested items may be withheld until resolution satisfactory to both parties subject to the Dispute Resolution provisions of Section 17 hereof. 5. Insurance. Contractor shall provide the following insurance: a. General Liability Aggregate $2,000,000 Personal Injury $ 1,000,000 Each Occurrence $ 1,000,000 Products and/or Completed Operations Aggregate $2,000,000 b. . Umbrella Liability $1,000,000 c. Worker’s Compensation Statutory d. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. 6. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting fiom any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless fiom and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 7. Termination. 2 Either party may terminate this Agreement at any time by giving notice of its intention to do so, to the other, as provided herein, at least thirty (30) days prior to the intended date of termination. This Agreement may be terminated at any time by either pai-ty for breach or non-performance of any provision of this Agreement in accordance with the following. The paity (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 6 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. ’ 8. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is in writing, and if it is directed to Contractor, by delivering it personally to the owner of Bienek Property Services; or, if it is directed to City, by delivering it personally to the Facilities Manager, or, if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to City: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 . If to Contractor: Brian Beniek Beniek Property Services 8229 Upland Circle Chanhassen, MN 553 17 3 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 9. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. 10. Assignment. Contractor shall not assign this Agreement, or engage a subcontractor for its performance, in whole or in part, without the prior written consent of City, except that Contractor, without prior approval and without exoneration of any responsibilities, may assign this Agreement to a wholly- owned subsidiary. 1 1. Data Practices Act. Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of Contractor. 12. Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. 13. Worker’s Compensation. Contractor represents and warrants that it has and wili maintain during the performance of this agreement worker’s compensation insurance coverage required pursuant to Minn. Stat. 176.1 8 1, Subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker’s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 4 14. Discrimination. In performance of this contract, Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or 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. 16. General Agreements of Contractor and City. a. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. b. Neither pai-ty shall be liable for any breach of the Agreement caused by fires, floods, wars, riots, strikes, or other events or acts beyond the control of the party or parties affected thereby. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. d. Contractor’s books and records pertaining to its gross catering sales shall be available during normal business hours for audit by City at City’s expense at Contractor’s principal offices for a period of one (1) year from and after the monthly period to which such books and records relate. e. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. f Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. 5 receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. g. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. h. Contractor’s personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by City’s no smoking policies. i. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. j. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. k. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys’ fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement 17. Dispute Resolution. a. Mediation. Each dispute, claim or controversy arising fiom or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. b. Arbitration. Subject to the requirement for mediation stated above, all disputes, claims or controversies arising from or relating to this Service Agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect as a condition precedent to initiating legal or equitable actions by either party. A demand for arbitration shall be filed in writing with the other party to this Agreement and the American Arbitration Association. No arbitration award shall include exemplary or punitive damages. The authority of the arbitrator shall be limited to deciding 6 matters pertaining to or arising out of the performance of obligations required by the Service Agreement of either party. In so doing, the arbitrator shall apply the principles of law of the State of Minnesota. 18. Agreement Supersedes Other Alrreements. This Agreement supersedes and supplants all previous agreements and understandings, whether oral or written, between the parties. CITY OF EDEN PRAIRIE Date: By: Scott Neal Its: City Manager Date: By: Nancy Tyra-Lukens Its: Mayor CONTRACTOR Date: Date: By: Its: By: Its: EP/Admin/Form Service Agreement. 102504 7 1 CITY COUNCIL AGENDA I DATE: I DEPARTMENT/DIVISION: ITEM DESCRJYTION: SECTION: Consent Calendar ITEM NO.: VI. I. November 23,2004 Paul Sticha, Office of the City Manager, Facilities Food Service Contract at City Center for 2005 through 2007 1 I I Requested Action Move to: Accept the proposal from Taher Business Dining to provide daily breakfast and lunch at City Center and to generate additional revenue for the City by allowing Taher to cater from our kitchen and to host wedding receptions and similar events in our Garden Room Dining Facility. Synopsis 0 Four proposals were solicited for the Food Service Operation at the City Center Garden Room; Taher Business Dining, ARAMARK, Sodexho Corporate Services and D'Amico & Partners. 0 After taking tours of the building and reviewing the RFP, Sodexho and D'Amico declined the opportunity to submit a proposal. Therefore, proposals were received only fiom Taher and AFL4MAW. Taher will provide the service requested in the RFP, guarantee the City $25,000 in revenue the first year, and projects revenue to the City to approach $50,000 annually in years two and three of the contract. Background Information 0 MURK is the current Food Service Provider at City Center. Their current contract allows them to provide breakfast and lunch at their discretion. They currently provide breakfast and lunch the 7 months fiom October through April. At the request of our City Center employees and tenants, I modified the RFP so that breakfast and lunch will be provided 12 months during the year, along with allowing contractor the use of the Garden Room for catering and events. With this change, AMMARK wants a management fee and would charge the City $23,000 annually, even after their revenues from receptions and catering. 0 0 Attachments 0 Cost comparison worksheet 0 Food Service revenue history 0 One original and one copy of the Food Service Contracts to be signed Taher financial pages attached to contract 0 Request for Proposal Garden Room Food Service Proposal Comparison and F ITaher I ARAMARK 'rojected Operation Summary Comments Sodexho $1 5K Management Fee by ARAMARK Declined Invitation to Submit Proposal Optimistic Projection by Taher, I Think D'Amico Declined Invitation to Submit Proposal $26K Operating Loss Invoiced to City by ARAMARK Taher Gaurentees $25,000 First Year Only Food Se,rvice Revenue History Year 2001 2002 2003 Facility User Fee $34,083 $1 6,200 $1 3,500 Commission $14,932 $8,141 Equipment Fee $5,040 $5,040 $4,620 2004 $18,000 $8,835 $5,040 I I I I Total Revenue to City $39,1231 $36,1721 $26,261 I $31,875 FOOD SERVICE AGREEMENT THIS AGREEMENT is made as of this 23rd day of November, 2004, by and between Taher Business Dining, (“Contractor”), a Minnesota corporation with its principal office located at 5570 Smetana Drive, Minnetonka, MN 55343-9022, and City of Eden Prairie, (“City”) with its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433. RECITALS: A. City is the owner of a building known as the City Center (“Building”) and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a Cafeteria described in Exhibit I attached hereto, consisting of Kitchen Area, Food Service Area, Private Dining Room, Training Room, Garden Room and Patio (“Cafeteria”). 6. The Cafeteria contains equipment and fixtures owned by City set forth in Exhibit 2 attached hereto (“City Food Service Equipment”) and equipment owned by Contractor set forth in Exhibit 3, attached hereto (“Contractor Equipment”). C. City desires to engage Contractor to operate the Cafeteria in order provide catering services for City functions and activities, tenant functions and activities, breakfast and lunch on weekdays and City Center Customer rentals. D. Contractor desires to operate the Cafeteria in order to provide catering and related food services. CITY OF EDEN PRAIRIE WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor here agrees, to provide catering services at the Building upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of January I, 2005, and shall continue for Three (3) years thereafter, except that this Agreement may be terminated as provided herein. 2. Services to be Provided bv and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Cafeteria in order to provide catering services for City functions and activities, tenant functions and activities and City Center customer rentals. b. Prices for catering services, breakfasts and lunches shall be competitive with prices offered by other area restaurants and caterers providing similar food and facilities. c. Operate, keep and maintain the Kitchen Area and Food Service Area, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. Contractor shall maintain and clean the entire Kitchen Area, Food Service Area, Dining Room and Training Room including but not limited to the floors, walls, and interior exhaust hood and filters, as well as all of the CITY OF EDEN PRAIRIE equipment, furniture and fixtures located within the Cafeteria. Proof of annual exhaust hood cleaning and filters to be provided by contractor. d. Clean and maintain the Garden Room, Private Dining Room, and Training Room, as well as all common areas of the Building, including the Garden Room entry, restrooms near the Garden Room atrium and the atrium elevator, patio and grounds, after use by individuals and groups who use the Garden Room, Private Dining Room or Training Room. See Exhibit 7 for a summary of cleaning responsibilities. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, Private Dining Room, other areas of the Cafeteria, the Patio and the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services to be provided by it. g. Repair or replace in a condition comparable to that existing January I of each year of the contract periods of the Cafeteria and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the catering operation and also for breakfast and lunch service. Breakfast and lunch will be provided by contractor on weekdays (except Holidays). j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the catering operation and breakfast and lunch service. k. Abide by the City’s Rental Fee Schedule (Exhibit 4) for the permitted use of the Garden Room, Training Room and Private Dining CITY OF EDEN PRAIRIE Room by tenants, individuals and groups. Contractor will have the opportunity annually to review and submit recommendations for rental rates for non-resident’s use for City consideration in establishing room rental rates. It is understood that the City may use the Garden Room, Training Room and Private Dining Room without the payment of any rental fee to Contractor. I. Provide to the City, by the l!jth of each month, a 60-day schedule (Exhibit 5) for catered events (a) within the Building and (b) outside the Building with respect to which food or any part thereof will be prepared in the Cafeteria. m. Provide to the City, by the of each month, monthly listings of all advanced bookings (events scheduled out beyond 60 days) for the City Center facilities. 3. Citv’s Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for food service operations. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace, in a condition comparable to that existing on the date hereof, immediately preceding the damage or destruction of, the Cafeteria or the City food service equipment damaged or destroyed, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. CITY OF EDEN PRAIRIE d. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Sections 2(c) and 2(d) hereof. e. Provide office space, local telephone service, desks and chairs, as may be reasonably required at the location for Contractor food services personnel. The City will provide for two designated parking spaces for Contractor vehicles. 4. Exclusive Rights and Catering. a. Contractor shall, during the term of this Agreement, have the exclusive right to sell food and beverages within the Garden Room, Training Room, and Private Dining Room. b. Contractor, during the term of this Agreement, will have exclusive rights to the kitchen for catering purposes, 24 hours a day. Contractor will have exclusive rights to the use of the Garden Room, Training Room and Private Dining Room for catered events from 5:OO p.m. to 11:OO p.m., Monday through Thursday, 500 p.m. to midnight Friday, and 9:00 a.m. to midnight, Saturday, Sunday and City-observed holidays. Access to loading dock will be provided as needed. c. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, Private Dining Room, and Training Room, provided the space is not already reserved. Any rental fees charged for such use shall be retained by City. Contractor may cater food and refreshments to persons and groups of persons to whom City may permit the use of parts of the Building including, but not limited to, the Garden Room, Training Room and the Private Dining Room. d. Contractor may enter into individual catering agreements with tenants of the Building, so long as they do not exceed the expiration date of this contract. CITY OF EDEN PRAIRIE 5. Monthlv Accounting and Payment. a. Contractor shall prepare and submit to City, by the of the month, an Operations Statement setting forth gross receipts by Contractor for the preceding month in the form of Exhibit 6 attached hereto. The gross receipts shall include all sales of food and beverages by Contractor related to daily cash sales and the catering of food and beverages (a) within the Building (“inside catering”); and (b) outside the Building with respect to which the food or any part thereof has been prepared in the Cafeteria (“0 ut s id e cat e r i n g ‘I). b. Gross receipts shall include all cash and charge sales, resulting from the daily cash sales and the catering of food and beverages. Gross receipts shall be reported on each monthly statement exclusive of any and all applicable sales taxes. c. Taher, Inc. shall pay to the City a monthly commission in the amount of 5% of gross receipts (not including sales tax) up to $500,000, 7.5% of gross receipts up to $1,000,000 and 10% of gross receipts above $1,000,000. Taher, Inc. will guarantee a minimum return to the City for the first year of operation of $25,000. d. Taher, Inc. shall also pay to the City a facility user fee of $200 per month for each carry-in food operation they support from the City. Initially, Taher projects five carry-in operations. 6. Insurance. Contractor shall provide the following insurance: a. Worker’s Compensation. b. Comprehensive Liability, in the amount of $2,000,000.00. c. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. CITY OF EDEN PRAIRIE d. Liquor Liability. All policies of insurance shall contain a waiver of the insurerJs rights of subrogation against the City, and shall require thirty (30) day written notice to City prior to cancellation. Contractor shall provide certificates of coverage to City. 7. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 8. Liquor. Contractor represents that it holds a caterer’s permit issued by the Commissioner of Public Safety pursuant to Minn. Stat. 5 340A.404, Subd. 12. Contractor shall be entitled to sell on-sale intoxicating liquor at catered events as permitted by and subject to the conditions of Subd. 12. Any time liquor is served at an event, Contractor will hire and pay for an off-duty Eden Prairie Police Officer to be on site for the entire event. 9. Termination. Either party may terminate this Agreement at any time by giving notice of its intention to do so, to the other, as provided herein, at least thirty (30) days prior to the intended date of termination. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s CITY OF EDEN PRAIRIE desire to terminate this Agreement describing the breach or non- performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Cafeteria and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Upon termination of this Agreement, any catering events booked and any related obligations thereof that require specific use of the Garden Room, Training Room and Private Dining Room, will become the responsibility of the City. Contractor will be responsible to help transition those events to the City and submit to the City any deposits, fees or monies collected for those events, if any. . IO. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is in writing, and if it is directed to Contractor, by delivering it personally to the Vice President of Sales or the CEO of Taher Business Dining; or, if it is directed to City, by delivering it personally to the Facilities Manager, or, if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by ailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: CITY OF EDEN PRAIRIE If to City: If to Contractor: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Robert Swords, Vice President of Sales (or) Bruce Taher, CEO Taher Business Dining 5570 Smetana Drive Minnetonka, MN 55343-9022 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, IO days prior to the effective date of such change. 11. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. 12. Assignment. Contractor shall not assign this Agreement, or engage a subcontractor for its performance, in whole or in part, without the prior written consent of City, except that Contractor, without prior approval and without exoneration of any responsibilities, may assign this Agreement to a wholly-owned subsidiary. CITY OF EDEN PRAIRIE 13- Data Practices Act. Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of Contractor. 14. Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. 15. Worker’s Compensation. Contractor represents and warrants that it has and will maintain during the performance of this agreement worker’s compensation insurance coverage required pursuant to Minn. Stat. 176.181 , subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker’s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 16. Discrimination. In performance of this contract, Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. CITY OF EDEN PRAIRIE 17. 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. 18. General Agreements of Contractor and City. a. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. b. Neither party shall be liable for any breach of the Agreement caused by fires, floods, wars, riots, strikes, or other events or acts beyond the control of the party or parties affected thereby. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming eff ective. d. Contractor’s books and records pertaining to its gross catering sales shall be available during normal business hours for audit by City at City’s expense at Contractor’s principal offices for a period of one (1) year from and after the monthly period to which such books and records relate. e. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. CITY OF EDEN PRAIRIE 19. Agreement Supersedes Other Agreements. This Agreement supersedes and supplants all previous agreements and understandings, whether oral or written, between the parties. CITY OF EDEN PRAIRIE Date: By: Scott Neal Its: City Manager Date: By: Nancy Tyra-Lukens Its: Mayor CONTRACTOR Date: By: Its: Date: By: Its: The city of Eden Prairie REQU€ST FOR PROPOSAL DINING AND CATERING SERVICES At the CITY CENTER BUILDING OWNER’ REPRESENTATIVE: Paul Sticha The City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 952.949.8488 CITY OF EDEN PRAIRIE INTRODUCTION This Request For Proposal examines one aspect of the first class operation of the building(s) referenced in the following sections of this document. The City of Eden Prairie owns and manages all of their buildings. “Owner”, ‘City of Eden Prairie” and “the City” will be used interchangeably in this document. The following information will assist the Contractor in submitting a clear and concise proposal to meet the specific needs of the City. . THE CITY OF EDEN PRAIRIE OBJECTIVES To consistently provide the highest quality of service and meet and exceed the requests and expectations of our tenants, co-workers and City residents. To effectively and efficiently manage operating costs while still providing the highest level of service. To build partnerships with contractors who are interested in protecting our interests and those of our tenants, co-workers and City residents. To demonstrate commitment to high quality service by encouraging ideas from our contractors for ongoing service improvements to exceed the expectations of our tenants, co-workers and City residents. CITY OF EDEN PRAIRIE CONTRACT LANGUAGE The contract for services will be for a period of 3 years and will be effective from January I, 2005 through December 31, 2007. All prices must be guaranteed for the entire 3 year period through the end of the contract. The contract may be terminated without cause by either party with 60 days written notice. The contractor must restore all appropriate service areas to their original condition upon termination of the contract. In your proposal, please include the following items: Specification of the services provided (either retyped on your letterhead or referencing this document). In this case, the specification of the services is the same as the attached Food Service Agreement. The successful Contractor will be expected to sign this Agreement. Neither this Request for Proposal nor a proposal submitted by the contractor represents a contract between the parties. In the event of a conflict in language between documents, the documents will prevail in the following order: Signed Food Service Agreement, this Request for Proposal, the Contractors Proposal. I NVESTl GAT1 ON Contractor must visit the project site to acquaint him or herself with the surrounding territory, means of approach to site, conditions of actual job site and facilities for delivery, storage and handling and placing of materials and equipment. Often this will require an owner’s representative to accompany the Contractor on the site visit. Contractor must also compare specifications with any work in place in order to be fully informed of all conditions affecting execution of his work. Failure to visit the site or failure to examine any and all of the contract documents will not relieve successful bidder from necessity of furnishing any materials or equipment, or performing any work that may be required to complete work in accordance with the contract documents without additional cost to Owner. CITY OF EDEN PRAIRIE INSURANCE REQUIREMENTS Contractor must, at its sole cost and expense, maintain in effect at all times during the full term of its Work under this Agreement, insurance coverage's with Limits not less than those set forth below Please note that the Liability requirement is $2,000,000: General Liability: Automobile Liability: Workers Compensation: Employer's Liability: Umbrella Liability: $1,000,000 per occurrence $2 , 000,000 Aggregate $1,000,000 per occurrence $1 00,000 each accident $500,000 policy limit $1 00,000 each employee $500,000 Each Accident $500,000 Each Employee for Disease $500,000 Policy Limit for Disease $1,000,000 combined single Limit of Bodily Injury and Property Damage Liability. (Acceptable as an alternative to the above specified limits as long as the liability coverag e totals $2 , 000 , 000. ) PAYMENTS Payments will be made to contractor net 30 days from receipt of invoice. CITY OF EDEN PRAIRIE GENERAL CONDITIONS Contractors will park in service areas or lots and use entries and exits as designated by owner. Service personnel will contact the appropriate person (Le. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if appropriate. Care, coordination and communication is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. Contractor’s personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor. Be aware that most of our buildings have no smoking policies. 0 The Contractor must honor the owner’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. When necessary, service personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the owner will be billed back to the Contractor. The Contractor is responsible to hire, train and supervise all employees and will comply with hiring practices according to federal, state or local laws. The Contractor and all service personnel will comply with all federal, state and local regulations regarding health and safety standards and licensing requirements. 0 Additional conditions appear in the specifications/contract. CITY OF EDEN PRAIRIE BUSINESS NARRATIVE Please provide a company narrative based on the following suggestions. Information or background that may indicate Contractor’s attention to quality service or innovative techniques is encouraged and should be included in the narrative. The following suggestions are only a guideline, so you may include as much or as little in your narrative as you deem necessary. Company history, including background, experience, reputation, operating philosophy, future plans and financial statements for the past two years. Staffing plan, including duties, job descriptions, personnel flow chart for our properties, staffing plan, hiring practices, training programs, personnel policies and procedures, safety and health training and programs, any environmental statements, rates, hours and applicable benefits. Description of services, including services provided, similar service contracts currently in effect, length of existing contracts, control of operating costs, types and brands of products used, suppliers that are affiliated with Contractor and their relationship. Special project commitment, including emergency response procedures and response, rates or fees for special projects and emergency response. Reference list with contact names and numbers that we can call. A brief, one page executive summary, suitable for review by the Owner’s Group. After Owner’s review of the proposal and summary, be prepared to give a brief, formal presentation to the Owner’s Group if requested. CITY OF EDEN PRAIRIE PROPOSAL DUE DATE Mail or deliver the proposal to the Owner’s Representative as shown on the cover page of this document. Proposals are required by noon on November 15, 2004. Any proposals received after that time will not be considered. Written acceptance or rejection of Contractor’s proposal will be issued on or before December I, 2004. The Owner reserves the right to reject any or all proposals, to waive any irregularities, or to accept any proposal which in the judgment of the owner may be most advantageous. SPEC I FI CAT1 0 NS All proposals must include, as a minimum, the sewices and pricing indicated on the following specifications. In this case, the specifications are the same as the Food Service Agreement following, which is also the contract to be signed. Any additional suggestions, improvements to the specifications, or other recommended sewices are encouraged and should be included as alternates. CITY OF EDEN PRAIRIE FOOD SERVICE AGREEMENT THIS AGREEMENT is made as of this , 2004, by and between , (“Contractor”), a Minnesota corporation with its principal off ice located at , and City of Eden Prairie, (“City”) with its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433. day of RECITALS: A. City is the owner of a building known as the City Center (“Building”) and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a Cafeteria described in Exhibit I attached hereto, consisting of Kitchen Area, Food Service Area, Private Dining Room, Training Room, Garden Room and Patio (“Cafeteria”). B. The Cafeteria contains equipment and fixtures owned by City set forth in Exhibit 2 attached hereto (“City Food Service Equipment”) and equipment owned by Contractor set forth in Exhibit 3, attached hereto (“Contractor Equipment”). C. City desires to engage Contractor to operate the Cafeteria in order provide catering services for City functions and activities, tenant functions and activities, breakfast and lunch on weekdays and City Center Customer rentals. D. Contractor desires to operate the Cafeteria in order to provide catering and related foods services. CITY OF EDEN PRAIRIE WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor here agrees, to provide catering services at the Building upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of January I, 2005, and shall continue for Three (3) years thereafter, except that this Agreement may be terminated as provided herein. 2. Services to be Provided bv and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to , the following obligations : a. Operate the Cafeteria in order to provide catering services for City functions and activities, tenant functions and activities and City Center customer rentals. b. Prices for catering services, breakfasts and lunches shall be competitive with prices offered by other area restaurants and caterers providing similar food and facilities. c. Operate, keep and maintain the Kitchen Area and Food Service Area, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. Contractor shall maintain and clean the entire Kitchen Area, Food Service Area, Dining Room and Training Room including but not limited to the floors, walls, and interior exhaust hood and filters, as well as all of the CITY OF EDEN PRAIRIE equipment, furniture and fixtures located within the Cafeteria. Proof of annual exhaust hood cleaning and filters to be provided by contractor. d. Clean and maintain the Garden Room, Private Dining Room, and Training Room, as well as all common areas of the Building, including the Garden Room entry, restrooms near the Garden Room atrium and the atrium elevator, patio and grounds, after use by individuals and groups who use the Garden Room, Private Dining Room or Training Room. See Exhibit 7 for a summary of cleaning responsibilities. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, Private Dining Room, other areas of the Cafeteria, the Patio and the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services to be provided by it. g. Repair or replace in a condition comparable to that existing January I of each year of the contract periods of the Cafeteria and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the catering operation and also for breakfast and lunch sewice. Breakfast and lunch will be provided by con tractor on weekdays (except Holidays). j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the catering operation and breakfast and lunch service. k. Abide by the City’s Rental Fee Schedule (Exhibit 4) for the permitted use of the Garden Room, Training Room and Private Dining CITY OF EDEN PRAIRIE Room by tenants, individuals and groups. Contractor will have the opportunity annually to review and submit recommendations for rental rates for non-resident’s use for City consideration in establishing room rental rates. It is understood that the City may use the Garden Room, Training Room and Private Dining Room without the payment of any rental fee to Contractor. 1. Provide to the City, by the l!jth of each month, a 60-day schedule (Exhibit 5) for catered events (a) within the Building and (b) outside the Building with respect to which food or any part thereof will be prepared in the Cafeteria. m. Provide to the City, by the l!jth of each month, monthly listings of all advanced bookings (events scheduled out beyond 60 days) for the City Center facilities. 3. City’s Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for food service operations. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace, in a condition comparable to that existing on the date hereof, immediately preceding the damage or destruction of, the Cafeteria or the City food service equipment damaged or destroyed, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. CITY OF EDEN PRAIRIE d. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Sections 2(c) and 2(d) hereof. e. Provide office space, local telephone service, desks and chairs, as may be reasonably required at the location for Contractor food services personnel. The City will provide for two designated parking spaces for Contractor vehicles. 4. Exclusive Rights and Catering. a. Contractor shall, during the term of this Agreement, have the exclusive right to sell food and beverages within the Garden Room, Training Room, and Private Dining Room. b. Contractor, during the term of this Agreement, will have exclusive rights to the kitchen for catering purposes, 24 hours a day. Contractor will have exclusive rights to the use of the Garden Room, Training Room and Private Dining Room for catered events from 500 p.m. to 1 I :00 p.m., Monday through Thursday, 500 p.m. to midnight Friday, and 9:00 a.m. to midnight, Saturday, Sunday and City-observed holidays. Access to loading dock will be provided as needed. c. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, Private Dining Room, and Training Room, provided the space is not already reserved. Any rental fees charged for such use shall be retained by City. Contractor may cater food and refreshments to persons and groups of persons to whom City may permit the use of parts of the Building including, but not limited to, the Garden Room, Training Room and the Private Dining Room. d. Contractor may enter into individual catering agreements with tenants of the Building, so long as they do not exceed the expiration date of this contract. CITY OF EDEN PRAIRIE 5. Monthlv Accounting and Pavment. a. Contractor shall prepare and submit to City, by the 15*h of the month, a Catering Services Operations statement setting forth gross catering sales by Contractor for the preceding month in the form of Exhibit 6 attached hereto. The catering services operations shall include all sales of food and beverages by Contractor related to the catering of food and beverages (a) within the Building (“inside catering”); and (b) outside the Building with respect to which the food or any part thereof has been prepared in the Cafeteria (“outside catering”). Contractor shall exclude breakfast and lunch cafeteria food services offered for City Center tenants. b. Gross catering sales shall include all cash and charge sales, resulting from the catering services operations (excluding catering services for City Center tenants Monday through Friday, 7:OO a.m. to 4:30 p.m.). Gross catering sales shall be reported on each monthly statement exclusive of any and all applicable sales taxes. c. Contractor shall pay to the City a monthly commission in the ’ amount of -% of gross catering sales. d. Contractor shall pay to the City a monthly facility user fee of $ e. Contractor shall pay to the City a monthly equipment user fee of . All payments shall be made by the Vjfh of each month. $ 6. Insurance. Contractor shall provide the following insurance: a. Worker’s Compensation. b. Comprehensive Liability, in the amount of $2,000,000.00. c. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. CITY OF EDEN PRAIRIE d. Liquor Liability. All policies of insurance shall contain a waiver of the insurer’s rights of subrogation against the City, and shall require thirty (30) day written notice to City prior to cancellation. Contractor shall provide certificates of coverage to City. 7. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 8. Liquor. Contractor represents that it holds a caterer’s permit issued by the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.404, Subd. 12. Contractor shall be entitled to sell on-sale intoxicating liquor at catered events as permitted by and subject to the conditions of Subd. 12. Any time liquor is served at an event, Contractor will hire and pay for an off-duty Eden Prairie Police Officer to be on site for the entire event. 9. Termination. Either party may terminate this Agreement at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non- ClTY OF EDEN PRAIRIE performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Cafeteria and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Upon termination of this Agreement, any catering events booked and any related obligations thereof that require specific use of the Garden Room, Training Room and Private Dining Room, will become the responsibility of the City. Contractor will be responsible to help transition those events to the City and submit to the City any deposits, fees or monies collected for those events, if any. IO. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is in writing, and if it is directed to Contractor, by delivering it personally to the President of ; or, if it is directed to City, by delivering it personally to the Facilities Manager, or, if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile, copy followed by ailed notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: CITY OF EDEN PRAIRIE If to City: If to Contractor: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 11. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. .12. Assignment. Contractor shall not assign this Agreement, or engage a subcontractor for its performance, in whole or in part, without the prior written consent of City, except that Contractor, without prior approval and without exoneration of any responsibilities, may assign this Agreement to a wholly-owned subsidiary. 13. Data Practices Act. CITY OF EDEN PRAIRIE Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of Contractor. 14. Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. 15. Worker’s Compensation. Contractor represents and warrants that it has and will maintain during the performance of this agreement worker’s compensation insurance coverage required pursuant to Minn. Stat. 176.1 81, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker’s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 16. Discrimination. In performance of this contract, Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. 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. CITY OF EDEN PRAIRIE The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 18. General Agreements of Contractor and Citv. . a. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (I) year thereafter, without prior written consent of the former employer in each case. b. Neither party shall be liable for any breach of the Agreement caused by fires, floods, wars, riots, strikes, or other events or acts beyond the control of the party or parties affected thereby. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. d. Contractor’s books and records pertaining to its gross catering sales shall be available during normal business hours for audit by City at City’s expense at Contractor’s principal offices for a period of one (1) year from and after the monthly period to which such books and records relate. e. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 1 9. Agreement Supersedes Other Agreements. This Agreement supersedes and supplants all previous agreements and understandings, whether oral or written, between the parties. CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Date: By: Scott Neal Its: City Manager Date: By: Nancy Tyra-Lukens Its: Mayor CONTRACTOR Date: By: Its: Date: By: Its: EPlAdminlFood Service Agreement.093004 CITY COUNCIL AGENDA SECTION: DEPARTMENTlDIVISION: Lisa Wu, Office of the City Manager, Information Technology ITEM DESCRIPTION: Declaration of Surplus Computer Equipment and Authorization for Disposal DATE: November 21,2004 ITEMNO.: VI. J. Move to: Declare obsolete Police Squad Car Rugged PCs as surplus and authorize the City Manager to dispose of property as authorized under the City Code Section 2.86, Subd. 3. Synopsis IT has replaced 23 PCs in Police Squad cars with faster Tablet PCs over the past four months. The retired equipment is obsolete and the total value of all the PCs is less than $100. Therefore, staff recommends returning the PCs to the vendor, which is willing to take the equipment back at no cost to the City. Prior to returning the PCs to the vendor, the hard drives will be removed and destroy by the Police Department in accordance with their procedure for destruction of sensitive/ confidential items. List of Surplus Equipment 23 CPUs and Cables 23 Touch-screen monitors and keyboards 1 Testing unit CITY COUNCIL AGENDA SECTION: Consent DEPARTMENT/DIVISION: Office of the City ManagerEacilities ITEM DESCRIPTION: Sale of Surplus Furniture and Equipment DATE: November 23,2004 ITEM NO.: VI. K. Requested Action Move to: Approve the sale of excess unusable furniture and office equipment through Anoka-Big Lake Auctioneers. Synopsis The City has more than $500 worth of unusable furniture and office equipment along with miscellaneous other equipment in storage at Fire Station 5. Most of the equipment has been stored in the building for over a year. Since the City moved to using modular furniture in its office spaces, the Facilities Division has stored the old, unused equipment at Fire Station 5. The Police Department is planning to use the facility for other purposes beginning in 2005, so it will no longer be available to use for storage. Attachments List of surplus furniture and equipment List of Surplus Furniture and Equipment for Disposal - 25 chairs - 2 bulletin boards - 3 conference room tables - 25 file cabinets - 4 old typewriter tables - 18 steel desks - 5 book shelves various sizes - 2 tall cabinets - 1 paper shredder - 2 tabletops - 20 plastic chairs - 1 love seat type chair - 2 vestibule metal walk offs - 3 janitors carts - 2 old phone systems - 1 metal cabinet unassembled - 5 army cots - 1 roll up metal door - 2 sets of lockers - 4 panels of fencing - 1 building map holder - - 1 cablecart - 2 rolls of carpet - 20 different chairs in ill repair 1 fire prevention smoke instructional doll house CITY COUNCIL AGENDA DATE: I SECTION: Consent Calendar SERVICE AREADIVISION: ITEM DESCRIPTION: Fire Department George F. Esbensen Resolution Accepting Gift fi-om Dave Durst 11-23-04 ITEM NO.: V1.L. Requested Action Move to: Approve Resolution accepting gift to Fire Department of a house to do live fire training in. Synopsis The house is located at 17621 Pioneer Trail. Dave Durst, a builder has donated use of the house to the Fire Department for the purpose of conducting live fire training. Once the training is completed the fire department will allow the house to bum down, at the owner’s request. Attachments Resolution Exhibit 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS. BE IT FUESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, THAT: The gift(s) to the City described in Exhibit 1 attached hereto from the donor(s) set forth therein, idaxe hereby accepted by this Council. ADOPTED by the Eden Prairie City Council this 23rd day of November, 2004. ATTEST: Nancy Tyra-Lukens, Mayor (Seal) Kathleen Porta, City Clerk i C ~RDSOW FAX NO. : 352 448 7852 A E 6123496718 P. @&3 t Nw. 22286405:55FIM P2 Section A - List in this section om items (or grow of similar items) for which yw &imd a dtduction of $6.000 or lnformatlon on Donated Property - If you need more space, attech a statement. lese. Also, llbt txrtain publdy traded SeCUFitlts evan if the deductkMl k over $5.000 (IFI1p IM-1. lbl -'Ph of dc#tul pmputy [z) Name gnd addm dthe 1 0 I 1 2 a b C d e 3 a b I I I I I' mer Infomation - Complete line 2 if you gam kss than an entire intereet In property ri In Pwt L Compkte tine 3 if canditkrw ware attached to B contribunMl lbtd in Part 1. If. duiina the war. yw contributed less than the entire interest m the property. mmpkWnes a - e & ie k&r frdm Part I that identifies the property b statemeit Total amount claimed as e dtduction for be property listed in Part I: (1) For this bx ybar ). (2) Fw any prior tax years ). . Name and address of each organfratlon to wfiid., any such contribution ut83 made in a prior year (cornplste frbm ttw donee orsaniratkn atme). Hame d chaw ef@mWuh (dam) MOW (numbor. &o&, nd mxn fx ~uhe m) . if pert II applies to more than me pmpwly, stfach il separate If dMsront If conditions were attached to Shy contribution Ustad in Part I, answer the questionf P - c and attach the e statement (see instnrctiwrs): Is there a restriction, either temporary or permanent, on tho donee's right to use or dispose d tfxt donated prom............................- Did you give Zo anyone (other than the donee organiration or andher organization partic?p€Ing with tho dbnea organization In cooperative Mraising) the right to the imc from the donated propetty or to the poss+bn of the property, including the right to vbte donated securities, to acquire Ihe prope.rly by purch8m or otherwise. ................................ . . _. .......... or [o designate the per- having am imomc, pO=+-sbn. wrbk 0 c=qrrifc+T. . , ..... , ...... , ....... c l$thcrearestrictiontimitingthedorratedprapertyforapa~use?. ........... , ......... , , , , , I- For Paparwork Reduction Act Notico. see page4 d sopamla i&Qipn* Fwm 8283 ~W.lW8) ash SmiW 2.m ... to TOTK P. 03 CITY COUNCIL AGENDA SECTION Public Hearings DEPARTMENT/DIVISION: Community DevelopmentPlanning Janet Jeremiah Michael Franzen ITEM DESCRIPTION: Dairy Queen Grill and Chill DATE: 11/23/04 ITEM NO.: VII. A. - 0 0 Adopt the Resolution for Planned Unit Development Concept Review on .84 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Community Commercial Zoning District; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is a 5,500 square foot restaurant. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project at the October 25,2004 meeting. Background Information Screening of parking is required by code. The plan should be revised to provide a total of 20, 6 foot high, conifer trees, to be located adjacent to Highway 212 and Aztec Drive. The revised landscape plan will be included with the developer agreement. Attachments 1. Staff Report dated October 22,.2004 2. Community Planning Board Minutes dated October 25,2004 3. Resolution for Planned Unit Development Concept Review STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: October 22,2004 SUBJECT: DQ Grill and Chill APPLICANT/ John Donnelly, Frauenshuh Companies OWNER: Westbrook Development LOCATION: Aztec Drive south of BP Amoco 0 Planned Unit Development Concept Review on .84 acres. 0 Planned Unit Development District Review with waivers on .84 acres. Zoning District Amendment in the Community Commercial Zoning District on .84 acres. 0 Site Plan Review on .84 acres. Staff Report - DQ Grill and Chill October 22,2004 BACKGROUND The approved plan for this site is a 5,760 square foot auto care center. SITE PLAN The site plan shows a 3,193 square foot restaurant. The site plan meets the required setbacks, parking, and building coverage requirements. ARCHITECTURE The plan meets the requirement for 75% face brick, glass, or natural stone on the exterior walls. LANDSCAPING Based on the size of the building 12 inches of trees are required. The required tree replacement is 18 inches. The plan meets the caliper inch and tree replacement requirement. Screening of parking is required by code. The plan should be revised to provide a total of 20,6 foot high, conifer trees, to be located adjacent to Highway 212 and Aztec Drive. DRAINAGE The plan provides the required stormwater treatment pond. STAFF RECOMMENDATION Recommend approval of the following request: 0 Planned Unit Development Concept Review on .84 acres. 0 Planned Unit Development District Review with waivers on .84 acres. 0 Zoning District Amendment in the Community Commercial Zoning District on .84 acres. Site Plan Review on .84 acres. This is based on plans dated October 22,2004, and the following conditions: 1. Prior to City Council review, the landscape plan shall be revised to include 20,6 foot high conifer trees. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: 2 Staff Report - DQ Grill and Chill October 22,2004 A. B. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. Pay the Cash Park Fee. 3 Planning Board Minutes October 25,2004 B. Nick Speredies, an architect wit to the Board. He stated that the Stoelting asked Franzen to review th Council and that would be to scr other plantings. Stoelting opened the meeting Nelson asked if this restaura with a berm. a wall. fence or . Franzen replied that they are unless they requested a waiver reviewed at the time th Koenig questioned ho Tom Lehman, from been well receive restaurant versus ere doing in Minnesota. h Hospitality Group, stated that this concept has up-scale menu in a family orientated It has a very inviting dining area and is e converting. Lanman responded that at this project. Lehman stated that they would like ation was chosen. Lehman responded that this d has the traffic flow that would serve the y Nelson to close this public hearing. Motion Planning Board Minutes October 25,2004 DAIRY QUEEN CHILL AND GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004-- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF DAIRY QUEEN CHILL AND GRILL FOR FRAUENSHUH COMPANIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on October 25,2004, on Dairy Queen Chill and Grill by Frauenshuh Companies and considered their request for approval of the PUD Concept pIan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on November 23,2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Dairy Queen Grill and Chill, 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 November 23,2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board of October 25,2004. ADOPTED by the City Council of the City of Eden Prairie this 23rd day of November, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept-Dairy Queen Chill and Grill Legal Description: Lot 2, Block 1, BP Addition CITY COUNCIL AGENDA SECTION: Payment of Claims DEPARTMENTDIVISION: Sue Kotchevar, Office of the City ManagerEinance DATE: November 23,2004 ITEM DESCRIPTION: Payment of Claims Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 135611 - 136000 Wire Transfers Attachments Check Summary Check Register City of Eden Prairie Council Check Summary 11/23/2004 Division Amount 100 101 I02 110 111 112 113 114 115 116 117 130 131 132 133 134 135 136 137 150 151 I52 153 154 156 157 158 159 160 161 162 163 164 180 184 185 186 200 20 1 202 203 301 304 316 502 503 506 507 509 511 513 515 601 602 603 605 701 702 703 803 806 807 General City Manager Legislative Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits &Training Risk Management Facilities City Center Assessing Finance Social Services Community Development Heritage Preservation Information Technology Wireless Communication Economic Development Park Administration Park Maintenance Parks Capital Outlay Athletic Programs Community Center Youth Programs Special Events Senior Center Recreation Administration Therapeutic Recreation Oak Point Pool Arts Outdoor Center Park Rental Facilities Police Fire Animal Control Inspections Engineering Street Maintenance Street Lighting Fleet Services CDBG Senior Board WAFTA Park Development Utility Improvement Improvment Bonds 1996 Construction Fund CIP Fund Construction Fund CIP Pavement Management Fire Station #4 Prairie Village Liquor Den Road Liquor Prairie View Liquor Den Road Building Water Fund Sewer Fund Storm Drainage Fund Escrow Fund SAC Agency Fund Benefits Fund 10,486 535 1,249 5,625 382 8,375 125 4,249 190 2,425 48,766 37,274 289 762 2,084 656 806 5,737 768 635 15,315 19,007 7,850 4,792 37,269 30,612 425 6,017 3,785 349 4,140 600 950 50 1,503 178,314 30 52 1 5,821 779 44,594 22,148 25 3,104 20,624 31,010 482,890 3,357 10,966 1,005,736 2,080 12,029 57,638 10 1,494 64,537 21,328 57,184 194,798 8,064 34,628 66,150 5.375 ' 1,957 Report Totals 2,701,260 City of Eden Prairie Council Check Register 11/23/2003 Check # 135611 135612 135613 135614 135615 135616 135617 135618 135619 135620 135621 135622 135623 135624 135625 135626 135627 135628 135629 135630 135631 135632 135633 135634 135635 135636 135637 135638 135639 135640 135641 135642 135643 135644 135645 135646 135647 135648 135649 135650 135651 135652 135653 135654 135655 135656 135657 135658 135659 135660 135661 135662 135663 135664 135665 135666 135667 135668 135669 135670 135671 135672 135673 135674 135675 135676 135677 Amount 32 107 58 5,03 1 8,492 2,730 7,593 1,026 12,186 24,275 8,755 585 99 2,216 9,246 247 1,714 7,128 137 11,229 114 5,025 490 4,316 1,155 60 575 2,172 32 20 44 5 8 250 149 1,386 20 1 301 50 66 94 46 60 400 2,006 100 285 639 85 317 146 10 5,800 5,375 52 69 290 18 80 293 340 528 90 80 61 295 4,288 Vendor / Explanation ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO SPECIALTY WINES AND BEVERAGES THORPE DISTRIBUTING TRI COUNTY BEVERAGE & SUPPLY WINE COMPANY, THE WINE DOCTOR WINE MERCHANTS INC WORLD CLASS WINES INC ADAMS, BETSY ADMINISTRATION RESOURCES COW APPOLLO SYSTEMS BAE, LAUREN BLAYLOCK PLUMBING CO BRLJNSWICK BOWLING LANES CAPOUCH, ROBIN CENTERPOINT ENEGY DAKOTA COUNTY SHERIFFS DEPT DEGREE, BETH DELLY CONSTRUCTION DEPARTMENT OF HUMAN SERVICES ESBENSEN, GEORGE GOVERNMENT FINANCE OFFICERS AS GREEN MILL HAMMERLIND, PETE IND SCHOOL DIST 272 KIST, ELISE KRAEMERS HARDWARE INC MI" CHILD SUPPORT PAYMENT CTR MINNESOTA BOARD OF ELECTRICITY MINNESOTA PRINT MANAGEMENT LLC OFFICE DEPOT CREDIT PLAN PETTY CASH-EPCC PETTY CASH-POLICE DEPT PRIORITY COURIER EXPERTS PUBLIC EMPLOYEES RETIREMENT AS RITCEY & O'LOAN ASSOCIATES STANDARD INSURANCE CO SUBURBAN PROPANE SUMMIT FIRE PROTECTION UNIVERSITY OF MINNESOTA UNLIMITED SUPPLIES INC A MEYER'S ENTERPRISES INC AMERICAN LIBERTY CONSTRUCTION, BARCLAY DEAN CONST BIGLEY, RONALD L BOLD, PAULINE CAMPOS, LORI DE LAGE LANDEN FINANCIAL SERVI DERMCO-LAVINE CONSTRUCTION CO DIVERSE BUILDING MAINTENANCE Account Description Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Liquor Beer Wine Domestic Beer Wine Domestic Liquor Liquor Beer Misc Taxable Wine Imported Wine Domestic Liquor Misc Taxable Wine Imported Liquor Liquor Beer Beer Wine Imported Wine Imported Wine Domestic Wine Domestic Mileage & Parking Other Contracted Services Insurance Lessons & Classes Plumbing Permits Operating Supplies Program Fee Gas Deposits Operating Supplies Building Permits Other Contracted Services Operating Supplies Dues & Subscriptions Operating Supplies Small Tools Other Contracted Services Mileage & Parking ' Operating Supplies Garnishment Withheld Merchandise for Resale Miscellaneous Office Supplies Operating Supplies Operating Supplies Equipment Repair & Maint Miscellaneous Tuition Reimbursernent/School Life Insurance EEER Motor Fuels Fire Prevention Permits Conference Expense Equipment Parts Instructor Service Deposits Deposits Special Event Fees Instructor Service Instructor Service Other Rentals Deposits Janitor Service Business Unit Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Heritage Preservation Finance Risk Management Ice Arena General Fund Leisure Education Outdoor Center Utility Improvement Fund Escrow Fitness Center General Fund Park Maintenance Fire Finance Leisure Education Park Maintenance City Council Heritage Preservation Park Maintenance General Fund Inspections-Administration Records Management Community Center Admin Girls on the Run Police Fleet Services General Fund Fire Health and Benefits Fleet Services General Fund Engineering Fleet Services Outdoor Center Escrow Escrow ClassesProgramsEvents Outdoor Center Outdoor Center General Escrow Maintenance Check !! Amount Vendor / Exilanation Account Description Business Unit 135678 135679 135680 135681 135682 135683 135684 135685 135686 135687 135688 135689 135690 135691 135692 135693 135694 135695 135696 135697 135698 135699 135700 135701 I35702 135703 135704 135705 135706 135707 135708 135709 13571 1 135712 135713 135714 135715 135717 135718 135719 135720 135721 I35722 135723 135724 135725 135726 135727 135728 135729 135730 135731 135732 135733 135734 135735 135736 135737 135738 135739 135740 135741 135742 135743 135744 135745 135746 135747 135748 135749 135750 167,038 ,295 42 4,500 8,307 48 285 400 75 44 20 29 1 556 228 3,000 2,425 319 289 1,884 104 822 1 74 4,890 99 3,934 4,181 6,208 54 1 359 1,023 6,302 995 25,339 5,904 256 244 2,891 7,968 372 1,842 16,157 65 0 7,009 83 2,205 87 1 3,721 975 130 25 159 5,625 37 500 84 75 5,818 21,035 70 100 65,489 74 6,601 728 314 36 29,198 14 20,000 600 25 EDEN PRAIRIE FIREFIGHTER’S REL IBES LANDSCAPING IMATION IMAX THEATRE IMPERIAL HOMES INC KMC TELECOM KRAEMERS HARDWARE INC MCGOUGH CONSTRUCTION MTNNESOTA POLLUTION CONTROL AG MINNESOTA STATE AUDITOR MINNESOTA VALLEY ELECTRIC COOP MN FALL MAINTENANCE EXPO NORTH AMERICAN PROPERTIES ODEGARD, ROGER PEMTON LAND POSTAGE BY PHONE RESERVE ACCOU QWEST ROCHESTER MIDLAND CORPORATION SEAFOOD PALACE ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION BRW ENTERPRISES DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GETTMAN COMPANY GRAND PERE WINES INC GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTElNS INC JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM MORAN USA, LLC PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO SPECIALTY WINES AND BEVERAGES THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY, THE WINE DOCTOR WINE MERCHANTS INC WORLD CLASS WINES INC BHASKARA, KRISHNA BROWN, SHELLY CHURA, THEODORE CORNERSTONE CULLIGAN BOTTLED WATER EDEN PRAIRIE SCHOOL REFERENDUM ESBENSEN, GEORGE GRAY, ALAN HENNEPIN COUNTY HENNEPIN COUNTY TREASURER METRO FIRE METROPOLITAN COUNCIL Mr” ST ADMIN ITG TELECOM SERV MINNESOTA STATE TREASURER NATIONAL MARTIAL ARTS ASSOCIAT PELTIER, JAMES QWEST SKYHA”I;S SPORTS ACADEMY STARTFUBUNE STONEGATE LLC UNCOMMON GATHERINGS VEITH, MICHELLE US POSTMASTER - HOPKINS MEATH-NELSON, WEND1 Fire Relief Pension Payment Deposits Special Event Fees Deposits Telephone Operating Supplies Deposits Improvements to Land Conference Expense Electric Conference Expense Deposits Deposits Deposits Postage Telephone Cleaning Supplies . Special Event Fees Postage Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Liquor Wine Domestic Beer Wine Imported Beer Misc Taxable Wine Imported Wine Domestic Liquor Beer Transportation Misc Taxable Misc Taxable Operating Supplies Beer Liquor Operating Supplies Wine Domestic Wine Imported Liquor Beer Wine Domestic Wine Domestic Wine Imported Transportation Wine Domestic Memberships Program Fee Outside Water Sales Other Contracted Services Operating Supplies City Building Rental Operating Supplies Conference Expense Deposits Licenses & Taxes Other Contracted Services Protective Clothing Due to Other Governments Software Maintenance Building Surcharge Instructor Service Operating Supplies Telephone Instructor Service Misc Non-Taxable Deposits Other Contracted Services Program Fee Fire Escrow Trips Escrow General Street Maintenance Escrow Capital Impr. /Maint. Fund Finance Sewer Liftstation Street Maintcnance Escrow Escrow Escrow General Miller Park Maintenance Classes/Programs/Events Water Accounting Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Community Center Admin Leisure Education Water Enterprise Fund Legal Council Fire United Properties Fire Engineering Escrow Den Road Building Special Initiatives Fire SAC Agency Fund Information Technology General Fund Summer Skill Development Den Road Liquor Store Sewer Liftstation Athletics Prairie View Liquor Store Escrow Summer Theatre Outdoor Center Check # 135753 135754 135755 135756 135757 135758 135759 135760 135761 135762 135763 135764 135765. 135766 135767 135768 135769 135770 135771 135772 135773 135774 135775 135777 135778 135779 135780 135781 135782 135783 135784 135785 135786 135787 135788 135789 135790 135791 135792 135793 135794 135795 135796 135797 135798 135799 135800 135801 135803 135804 135805 135806 135807 135808 135809 135810 13581 1 135812 135813 135814 135815 135816 135817 135818 135819 135820 135821 135822 135S23 135824 135825 Amount Vendor I Esplanation 877 WE LAHR COMPANY 190 AARP 55 ALIVE MATURE DRJVlNG 429 ASPEN WASTE SYSTEMS INC. 185 CARVER COUNTY SHERIFF'S DEPT. 32 WARFIELD. MARGARET 1,998 CENTERPOINT ENEGY 1,268 CKANHASSEN DINNER THEATRE 156 COMEDYSPORTZ 705 748 MEDICINE LAKE TOURS 60 DUNLAP, HARRIET HOWARD CONN FINE ARTS CENTER 974,153 NORTHWEST ASPHALT 58 PRIORITY COURIER EXPERTS 20 SENSIBLE LAND USE COALITION 2,060 TEENS ALONE 1,430 UNIVERSITY OF MINNESOTA 58 WHITE, NICOLE 80 A MEYER'S ENTERPRISES INC 3,127 ASPEN WASTE SYSTEMS INC. 100 BRAGG, ANNALISA 80 CAMPOS, LORI 2,707 CENTERPOINT ENERGY MARKETING I 2,020 GENUINE PARTS COMPANY 1,192 HOME DEPOT CREDIT SERVICES 359 GE CAPITAL 35 KHELAH, HEATHER 7 LORIMER, BARBARA 225 MAXMUM SOLUTIONS INC 225 MENARDS 548 METRO SALES INCORPORATED* 1,453 MINNESOTA VALLEY ELECTRIC COOP 400 ON BELAY OUTDOOR ADVENTURES 175 POLYMERIC SYSTEMS INC 40 10 PERTL, VICKI MN DEPT. OF LABOR AND INDUSTRY 9 QUICKSILVER EXPRESS COURIER 1,006 QWEST 250 SHERATON MINNEAPOLIS WEST 325 SOUTHWEST METRO TRANSIT 12 STARTRIBUNE 285 US HOSPITALITY 194 WEIS BUILDERS 8 XCELENERGY 455 1ST CHOICE TOURS 344 ASPEN WASTE SYSTEMS INC. 130 BECKER, DAVE 88 STEWART-HESTER, RENEE 55 ANDERSON, ROBERT 6,489 BIFFS INC 3,456 ELAN FINANCIAL SERVICES 230 GRAPHIK DIMENSIONS LTD 103 HENNEPIN COUNTY PUBLIC RECORDS 521 HENNEPIN COUNTY TREASURER 24 IND SCHOOL DIST 272 29 KOHLS, DAVID 107 KRAEMERS HARDWARE INC 575 LAW BULLETIN PUBLISHING CO 60 LINDAHL, DAVID 35 LINDSAY, EVERETT 166 PANERA BREAD 253 PARK NJCOLLET CLINIC 65 SCADDEN,JE"A 11 SUBHAN,REHAN 150 SWEDLUND SEPTIC 6 UPS 3,697 US POSTMASTER - HOPKINS 71 VOGT HEATING & PLUMBING A TO Z RENTAL CENTER A TO Z SOUTHWEST RENTAL 19,439 XCEL ENERGY 21 1 94 199 AAA LAMBERTS LANDSCAPE PRODUCT Account Description Equipment Parts Lessons &Classes Other Contracted Services Waste Disposal Deposits Gas Special Event Fees Operating Supplies Special Event Fees Special Event Fees Special Event Fees Improvement Contracts Equipment Repair & Maint Miscellaneous Other Contracted Services Conference Expense Mileage & Parking Instructor Service Waste Disposal Instructor Service Instructor Service Electric Other Rentals Equipment Parts Miscellaneous Lessons & Classes Program Fee Software Maintenance Small Tools Other Rentals Electric Licenses & Taxes Instructor Service Program Fee Repair & Maint. Supplies Postage Telephone Prepaid Expenses Special Event Fees Misc Taxable Other Contracted Services Advertising Deposits Electric Transportation Outside Water Sales Waste Disposal Training Supplies Waste Disposal Travel Expense Operating Supplies Other Contracted Services Operating Supplies Operating Supplies Program Fee Operating Supplies Other Contracted Services Conference Expense Outside Water Sales Operating Supplies Other Contracted Services Clothing &Uniforms Outside Water Sales Plumbing Permits Postage Postage Mechanical Permits Electric Cleaning Supplies Small Tools Landscape MaterialsiSupp Business Unit Fleet Services Oak Point Lessons Classes/Programs/Events Water Treatment Plant Escrow Water Treatment Plant ClasscslProgramsEvcnts Leisure Education Classes/Programs/Events ClassesProgramsEvents Classes/Programs/Events Construction Fund Fleet Services City Manager Housing, Trans, & Human Serv Inspections-Administration Leisure Education Outdoor Center Senior Center Outdoor Center Outdoor Center City Hall - CAM General Fleet Services General Facilities Pool Lessons ClasseslProgramsEvents Information Technology Sewer System Maintenance General Park Maintenance Water Treatment Plant Outdoor Center Outdoor Center Water Treatment Plant Communication Services Sewer Liftstation General Fund ClassesProgramsEvents Den Road Liquor Store Recreation Administration Prairie View Liquor Store Escrow Staring Lake Trips Water Enterprise Fund Maintenance Police Park Maintenance City Council Fire Engineering Community Development Housing, Trans, & Human Serv ClassesProgramslEvents Fire Economic Development Economic Development Water Enterprise Fund Fire Risk Management Police Water Enterprise Fund General Fund Fire Community Brochure General Fund City Hall - CAM Community Center Water System Maintenance Sewer Liftstation Check8 Amount Vendor / Explanation Account Description Business Unit 135826 135827 135828 135829 135830 135831 135832 135833 135834 135835 135836 135837 135838 135839 135840 135841 135842 135843 135844 135845 135846 135847 135848 135849 135850 135851 135852 135853 135854 135855 135856 135857 135858 135859 135860 135861 135862 135863 135864 135865 135866 135867 135868 135869 135870 135871 135872 135873 135874 135875 135876 135877 135878 135879 135880 135881 135882 135883 135884 135885 135886 135887 135888 135889 135890 135891 135892 135893 135894 135895 135896 544 136 ABRASIVE TECHNOLOGIES INC ABM EQUIPMENT AND SUPPLY COMPA 29 AMERICAN RED CROSS 329 AMSAN BRISSMAN-KENNEDY 1,286 ANCHOR PRINTING COMPANY 1,302 AQUA ENGINEERING INC 30 ANDERSON LAKES ANIMAL HOSPITAL 177 AQUA LOGIC MC 350 ASSOCIATED WELL DRILLERS INC 59 AUTO ELECTRIC SPECIALISTS 85 BATTERY STORE INC, THE 949 BAUER BUILT TIRE AND BATTERY 12 BENIEK PROPERTY SERVICES INC. 3,079 BECKER ARENA PRODUCTS INC 422 BENNETTS DOOR STOP 406 BERTELSON OFFICE PLUS 985 BLOOMINGTON SECURITY SOLUTIONS 3 11 BOYER TRUCKS SO. ST. PAUL 7,461 BRAUN INTERTEC CORPORATION 63 BREDEMUS HARDWARE COMPANY INC 135 BRINNORTHWESTERN GLASS COMPAN 150 BUCK,BRENT 3,318 BUCK, NATHAN 1,558 CEMSTONE PRODUCTS COMPANY 3,422 CHUCK'S EXCAVATING INC 71 CATCO CLUTCH & TRANSMISSION SE 361 CLAREYSINC 244 CLARKLIFT OF MINNESOTA INC 330 CONTROL SERVICES OF MINNESOTA, 1,997 CORPORATE EXPRESS 1,73 1 CURB CREATIONS 647 CUSTOM REFRIGERATION INC 499 CY'S UNIFORMS 167 DAVIES WATER EQUIPMENT CO 266 DEALER AUTOMOTIVE SERVICES NC 15,3 15 DELANO ERICKSON ARCHITECTS 97 1 DIGITAL ENTERTAINMENT INC 242 DIRECT SAFETY CO 253 DISCOUNT SCHOOL SUPPLY 18,240 DIVERSE BUILDING MAINTENANCE 250 DODGE, ANDY 13,480 DRT TRANSPORT 5,337 CUTLER-MAGNER COMPANY 1,036 CYNTHIA COOK INC 7,022 DELL 1,979 EARL F ANDERSEN INC 673 ECOLABINC 150 ERICKSEN, LIZ 164 FACTORY MOTOR PARTS COMPANY 336 FISK, APRIL 168 FRERICKS, KOREY 553 G & K SERVICES 242 GALLSINC 302 GEBO, ROBERT L. 41 GINA MAMAS INC 47 ESCHELON TELECOM INC 623 G & K SERVICES-MPLS INDUSTRIAL 3,104 GEOMATRIXCONSULTANTS INC 275 130 GRANGER 154 GLENROSE FLORAL AND GIFT SHOPS 2,080 GOODPOINTE TECHNOLOGY CORPORAT GREENMAN TECHNOLOGIES OF MN IN 4,566 GREENSIDE INC 2,716 GUNNAR ELECTRIC CO INC 53 GSDIRECT 581 HACHCOMPANY 24,899 HANSEN THORP PELLINEN OLSON 28,381 HARTLAND FUEL PRODUCTS LLC 75 HENNEPIN TECHNICAL COLLEGE 1,034 HARMON AUTOGLASS 1,667 HAWKINS WATER TREATMENT GROUP Equipment Repair & Maint Equipment Parts Recreation Supplies Cleaning Supplies Printing Other Contracted Services Repair & Maint. Supplies Equipment Repair & Maint Improvements to Land Equipment Repair & Maint Repair & Maint. Supplies Tires Repair & Maint. Supplies Other Contracted Services Building Office Supplies CH Robinson Bldg Rpr & Maint. Equipment Parts Testing - Soil Boring Supplies - General Bldg Equipment Repair & Maint Other Contracted Services Other Contracted Services Equipment Parts Repair & Maint. Supplies Other Contracted Services Safety Supplies Equipment Repair & Maint Contract Svcs - HVAC Office Supplies Contract Svcs - Lawn Maint. Equipment Repair & Maint Chemicals Clothing & Uniforms Other Contracted Services Equipment Parts Equipment Parts Other Contracted Services Other Hardware Capital Under $2,000 Protective Clothing Recreation Supplies Janitor Service Other Contracted Services Other Contracted Services Operating Supplies Contract Svcs - Pest Control Other Contracted Services Other Contracted Services Equipment Parts Other Contracted Services Other Contracted Services Clothing & Uniforms Cleaning Supplies Equipment Parts Other Contracted Services Legal Operating Supplies Deposits Design & Engineering Equipment Parts Waste Disposal Other Contracted Services Operating Supplies Other Contracted Services Operating Supplies Design & Engineering Equipment Repair & Maint Motor Fuels Chemicals Licenses & Taxes Park Maintenance Fleet Services Oak Point Lessons General Facilities Senior Center Administration Animal Control Park Maintenance Pool Maintenance Street Maintenance Fleet Services Water Treatment Plant Fleet Services Ice Arena Den Road Liquor Store Capital Impr. / Maint. Fund Water Utility - General City Ctr - Tenant Direct C6sts Fleet Services Construction Fund City Hall - CAM Prairie Village Liquor Store Basketball Softball Fleet Services Storm Drainage Park Maintenance Water Treatment Plant Water Treatment Plant City Hall - CAM Communication Services Fire Station #2 Prairie Village Liquor Store Water Treatment Plant Police Fleet Services Water System Maintenance Fleet Services Planning & Development Capital Impr. I Maint. Fund Capital Outlay Water Treatment Plant Afternoon Playground Den Bldg. - CAM Adult Open Gym Lime Sludge Park Maintenance Water Treatment Plant Basketball Telephone Fleet Services Volleyball Basketball Street Maintenance Water Treatment Plant Fleet Services Volleyball WAFTA Fire Escrow CIP Pavement Management Fleet Services Fleet Services Maintenance Engineering Miller Park Water Treatment PIant Construction Fund Fleet Services Fleet Services Water Treatment Plant Fleet Services Check i# Amount Vendor I Esplanation Account Description Equipment Repair & Maint Operating Supplies Other Contracted Services Other Contracted Services Repair & Maint. Supplies Other Contracted Services Other Hardware Operating Supplies Equipment Parts Operating Supplies Cleaning Supplies Other Contracted Services Building Repair & Maint. Repair & Maint. Supplies Small Tools Supplies - General Bldg Equipment Repair & Maint Printing Building Landscape Materials/Supp Repair & Maint. Supplies Improvement Contracts Landscape Materials/Supp Operating Supplies Employment Support Test Contract Svcs -Ice Rink Small Tools Repair & Maint. Supplies Safety Supplies Repair & Maint. Supplies Waste BlacMop/Concrete Office Supplies Waste Disposal Equipment Repair & Maint Patching Asphalt Other Contracted Services Other Contracted Services Other Contracted Services Safety Supplies Other Contracted Services Licenses & Taxes Other Contracted Services Merchandise for Resale Conference Expense Equipment Parts Operating Supplies Safety Supplies Chemicals Operating Supplies Operating Supplies Other Assets Other Contracted Services Improvements to Land Supplies - Plumbing Repair & Maint. Supplies Equipment Parts Building Repair & Maint. Equipment Repair & Maint Printing Equipment Repair & Maint Operating Supplies Equipment Parts Capital Under $2,000 Landscape Materials/Supp Equipment Parts Other Contracted Services Waste Disposal Residual Equity Transfer Out Small Tools Software Other Contracted Services Business Unit 135897 135898 135899 135900 135901 135902 135903 135904 135905 135906 135907 135908 135909 135910 135911 135912 135913 135914 135915 135916 135917 135918 135919 135920 135921 135922 135923 135925 135926 135927 135928 135929 135930 135931 135932 135933 135934 135935 135936 135937 135938 135939 135940 135941 135942 135943 135944 135945 135946 135947 135948 135949 135950 135951 135952 135953 135954 135955 135956 135957 135958 135959 135960 135961 135962 135963 135964 135965 135966 135967 135968 10,416 HONEYWELL INDUSTRY SOLUTIONS 19,370 IMPERIAL SIDING AND REMODELING 891 INDUSTRIAL LIGHTING SUPPLY INC 330 INFRATECH 25 IC1 DULLJX PAINT CTRS 4,079 IND SCHOOL DIST 272 4,186 INSIGHT PUBLIC SECTOR 11 INTEREUMINC 9 INTERSTATE COMPANIES INC 145 573 11 1 31 KRAEMERS HARDWARE INC 758 LAB SAFETY SUPPLY INC 48 LAKE COUNTRY DOOR 1,107 LAN0 EQUIPMENT INC 685 LASTAVICH, STEVE 1,942 LAVAN FLOOR COVERING 784 LESCOMC 709 LINCOLN EQUIPMENT INC. 25,625 MAGNEY CONSTRUCTION INC 123 MARSHALLS FARM 25 MARSHALLSFARM J H LARSON ELECTRICAL COMPANY JOHN HENRY FOSTER MINNESOTA IN KOSS PAINT COMPANY INC 2,034 JANEX INC 125 MARTIN-MCALLISTER 36,590 McFARLAND CONSTRUCTION COMPANY 3,546 MCNEILUS STEEL INC 896 MENARDS 33 1 980 METRO EROSION INC 470 METRO PRINTING 3 18 METROPOLITAN FORD METRO BRUSH & SUPPLY 6,655 METRO CONCRETE RAISING INC 192,723 METROPOLITAN COUNCIL ENVIRONME 1,271 MIDWEST ASPHALT CORPORATION 1,500 MIDWEST DESIGN CO 2,550 MIDWEST TESTING 1,750 MINNESOTA ASPHALT CORPORATION 1,959 MINNESOTA VALLEY WHOLESALE 326 MINNESOTA GLOVE INC 20 84 MOSE, WILLIAM G MN DEPT. OF LABOR AND INDUSTRY 1,390 NATIONAL WATERWORKS 2,760 NFPA 238 NORTHERN SAFETY TECHNOLOGY INC 67 86 NORTHWEST RESPIRATORY SERVICE 79 NUCOZINC 34 ORIENTAL TRADING COMPANY MC NORTHERN TOOL & EQUIPMENT CO. 224 OLSEN COMPANIES 7,850 PARK EQUIPMENT COMPANY 250 PAUTZ, ROGER 15,020 PEMTON LAND 42 POKORNY COMPANY 433 POWER SYSTEMS 347 POWERPLAN OIB 423 PRAIRIE ELECTRIC COMPANY 43 PRAIRIE LAWN AND GARDEN 289 PRAIRIE OFFSET PRINTING 420 QUALITY FLOW SYSTEMS INC 870 RCM & ASSOCIATES 100 RIGID HITCH INCORPORATED 1,872 RIO SYSTEMS INC 9,091 RMR SYSTEMS INC 215 ROYAL TIRE INC 12,307 SHORT ELLIOTT HENDRICKSON INC 68 SHRED-IT 761 SJF 115 SNAP-ON TOOLS 70 SOFTWAFS HOUSE TITERNATIONAL I 675 SOLITHN'EST INSULATION Water Treatment Plant Traffic Signals Rehab Oak Point Operations Water Treatment Plant Sewer System Maintenance Information Technology Furniture Fleet Services Traffic Signals General Facilities Water Treatment Plant Flying Cloud Fields Sewer Liftstation Water Treatment Plant General Facilities Fleet Services Heritage Prescrvation Capital Outlay Water System Maintenance Pool Maintenance Utility Improvement Fund Park Maintenance Senior Board Human Resources Community Center Fleet Services Park Maintenance Fleet Services Storm Drainage Street Maintenance Fire Sewer Utility - General Fleet Services Street Maintenance Communication Services Water Treatment Plant Rehab Fleet Services Park Acquisition & Development Water Treatment Plant Volleyball Water Utility - General Fire Fleet Services Traffic Signs Fire Pool Maintenance Park Maintenance Pool Special Events Capital Outlay Parks Fall Skill Development Park Acquisition & Development City Hall - CAM Fitness Center Fleet Services Water Well #8 Park Maintenance Assessing Sewer Liftstation Telephone Fleet Services Capital Outlay Round Lake Fleet Services Fire Station #4 City Center Operations Street Maintenance Fleet Services Information Technology Rehab Check :: 135969 135970 135971 135972 135973 135974 135975 135976 135977 135978 135979 135980 135981 135982 135983 135984 . 135985 135986 135987 135988 135989 135990 135991 135992 135993 135994 135995 135996 135997 135998 135999 136000 Amount 2,713 1,400 121 3,357 567 207 47 1 1,239 444 1,174 145 290 24 229 419 482,612 2,268 1,344 1,701 279 5,010 1,491 699 313 232 228 84 769 2,439 6,051 40 126 Vendor I Explanation SOUTHWEST SUBURBAN PUBLISHING- SPIRIT APPAREL & STUFF SPS COMPANIES SRF CONSULTING GROUP INC ST CROIX RECREATION CO MC STANDARD REGISTER STEMPF AUTOMOTIVE INDUSTRIES I STEVENS ENGINEERS SUBURBAN CHEVROLET SUBURBAN TIRE WHOLESALE INC SWEDLUNDS TAPES PLUS ADVERTISING TESSMAN SEED CO TIME WARNER CABLE TWlN CITY SEED CO VALLEY PAVING INC VERNCO MAINTENANCE INC VESSCO INC VOSS LIGHTING VWR INTERNATIONAL INC WALL TRENDS INC WATER SPECIALTY OF MN INC WATSON CO INC, THE WENCK ASSOCIATES INC WESTSIDE EQUIPMENT WILKUS ARCHITECTS INC WILSON, JACKY WM MUELLER AND SONS MC YALE MECHANICAL INC ZEE MEDICAL SERVICE ZIEGLER INC WORK CONNECTION-BPARK Account Description Printing Operating Supplies Office Supplies Design & Engineering Repair & Maint. Supplies Office Supplies Equipment Parts Building Equipment Parts Tires Waste Disposal Advertising Chemicals Operating Supplies Landscape Materials/Supp Improvement Contracts Other Contracted Services Equipment Parts Repair & Maint. Supplies Office Supplies Building Repair & Maint. Chemicals Merchandise for Resale Other Contracted Services Equipment Repair & Maint Contract Svcs - Gen. BIdg Other Contracted Services Sand Other Contracted Services Equipment Repair & Maint Safety Supplies Equipment Parts Business Unit Communication Services Girls on the Run Water Utility - General Charlson Area Construction Park Maintenance Finance Fleet Services Capital Impr. / Maint. Fund Fleet Services Fleet Services Outdoor Center Den Road Liquor Store Park Maintenance Fire Park Maintenance Improvement Projects 1996 Water Treatment Plant Water Treatment Plant Ice Arena Water Treatment Plant Maintenance Pool Maintenance Concessions Storm Drainage Fleet Services City Center Operations Volleyball Snow & Ice Control Park Maintenance Maintenance Community Center Admin Fleet Services 2,701,260 Grand Total CITY COUNCIL AGENDA SECTION Reports of the City Manager - DEPARTMENT/DIVISION: Office of the City Manager, Scott Neal ITEM DESCRIPTION: Cummins-Grill House DATE: November 23,2004 ITEMNO.: xm. B. 1. Requested Action Move to: Direct staff to prepare a plan for the private commercial adaptive reuse of the Cummins-Grill Homestead property which endeavors to preserve the historic nature of the property; minimize the City’s future financial investment in the property; and increase the public’s access to the property. Synopsis City staff and City Council discussed this issue at length at the Council’s November 9,2004, Workshop. At that workshop, there was a consensus among the Council that the preferred outcome for the fiture of the Cummins-Grill Homestead property would be a private commercial adaptive reuse of the Cumins-Grill Homestead, along the lines of what the City was able to accomplish working with Dunn Brothers Coffee at the Smith-Douglas-More House. If this motion is adopted by the Council, City staff will prepare a plan that will endeavor to preserve the historic nature of the property; brings significant private investment into the renovation of the property; and substantially increases the public’s ability to visit and see the site. We intend to accomplish these goals by soliciting proposals fiom the private sector to redevelop the site and by relieving the City of previous grant encumbrances. If approved by the Council, this project will be a priority for our Community Development Department for 2005. CITY COUNCIL AGENDA SECTION: Consent DEPARTMENT/DMSION: Community Development David Lindahl Janet Jeremiah 1 zmber 23,2004 ITEM DESCRIPTION: Authorization to negotiate land acquisition for a future fire station ITEM NO. XIII. G. 1. Requested Action: Move to: Adopt Resolution authorizing the City Manager and or his designee and the City Attorney to acquire by negotiation or through the power of eminent domain the real property described as Outlot H, Hawthorne Addition of Eden Prairie, Hennepin County, Minnesota, for use as a City fire station. Synopsis: Staff is seeking authorization to negotiate the acquisition of a 3.68 acre parcel located at the northeast corner of Dell Road and Linwood Court for a new fire station development. The parcel will be acquired through purchase, or if necessary, through eminent domain. Background: The Fire Department has been on a 5-year plan for the construction of its fourth and final fire station location. Southwest Eden Prairie has developed to a point where a more localized fire response base is needed. Numerous sites were explored in southwest Eden Prairie. This site has the benefits of being located on a major north/south artery with access to major east/west arteries. Additionally the site is located within close proximity to various types of residential housing, desirable for our volunteer staffing needs. Attachments: Resolution Site Map CITY OF EDEN PRGIRTE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN REAL PROPERTY BY NEGOTIATION OR EMINENT DOMAIN WHEREAS, it is necessary for the City to acquire a site for a new fire station; and WHEREAS, the City Manager in consultation with the Fire Chief has identified the real property legally described as Outlot H, Hawthorne of Eden Prairie, Hennepin County, Minnesota as the preferred location for the new fire station. NOW THEREFORE BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE CITY COUNCIL: The City Manager and or his designee and the City Attorney are hereby authorized to acquire by negotiation or through the power of eminent domain the real property described above for use as a City fire station. ADOPTED by the Council of the City of Eden Prairie this 23rd day of November,, 2004. ATTEST: Nancy Tyra-Lukens, Mayor (Seal) Kathleen Porta, City Clerk Area Location Map - Future Fire Station Site Address: Northeast corner of Dell Rd. and Linwood Ct. ! i I I I I DEPARTMENTAIMSION: Community Development David Lindahl Janet Jeremiah ITEM DESCRDTION: Purchase Agreement for hture fire station DATE: November 23,2004 ITEMNO.:XIII.G.2. Requested Action Move to: Approve Purchase Agreement between the Delegard’s and the City for Outlot H, Hawthorne Addition of Eden Prairie, Hennepin County, Minnesota, with such changes, except for price, as are approved by the officers executing the Agreement and authorize the Mayor and City Manager to execute the Purchase Agreement. Synopsis Staff is recommending the City acquire a 3.68 acre parcel located at the northeast corner of Dell Road and Linwood Court for a new fire station development. The purchase price is $1,900,000 or $1 1.86 per square foot. Once the property is acquired by the City, approximately 1.3 acres of the parcel will be sold to MnDOT for the development of a new frontage road for the TH312 highway project. Staff is negotiating with MnDOT on a final sale price. Depending on the amount of land area needed for the fire station, there may be remaining developable property the City could sell for development, minimizing the cost of the fire station property. Background The Fire Department has been on a 5-year plan for the construction of its fourth and final fire station location. Southwest Eden Prairie has developed to a point where a more localized fire response base is needed. Numerous sites were explored in southwest Eden Prairie. This site has the benefits of being located on a major northhouth artery with access to major easuwest arteries. Additionally the site is located within close proximity to various types of residential housing, desirable for our volunteer staffing needs. Attachments Purchase Agreement PURCHASE, AGREEMENT THIS AGREEMENT is made as of 2004 between Curtis Delegard and M. Diane Delegard, husband and wife and Duane Delegard and Anita Delegard, husband and wife, (collectively referred to as c‘Seller’y) and City of Eden Prairie, a Minnesota municipal corporation (“Buyer”). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 3.659 acres, as legally described on Exhibit A, together with all buildings and improvements constructed or located on the Land in Eden Prairie, Minnesota and all easements and rights benefiting or appurtenant to the Land (collectively, the “Real Property”). Buyer desires to purchase the Real Property and other property and interests described in Section 1 of this Agreement (collectively, the “Property”) fi-om Seller, pursuant to the terms of this Agreement. Seller desires to sell the Property to Buyer, pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale of Proper&. Seller agrees to sell to Buyer and Buyer agrees to buy fi-om Seller, the Property, which shall include all property described in this Section 1. 1.1 Real Proper&. The Real Property as described in the first Recital paragraph. 1.2 Personal Propem. All of the personal property situated in or about the Real Property owned by Seller and used in ‘the maintenance or operation of the Real Property (“Personal Property”). 2. Purchase Price. The purchase price to be paid by Buyer to Seller is One Million Nine Hundred Thousand Dollars and no/100 ($1,900,000.00). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. One Thousand and no/lOO Dollars ($1,000.00) as earnest money (‘Earnest Money”) which Earnest Money shall be held by Guaranty Title Insurance Company (“Escrow Agent”) in an interest bearing escrow account, pursuant to the Escrow Agreement attached hereto as Exhibit B provided, however, that the fee for any such account shall be paid by Buyer. 3.2 Closing Pavment. One Million Eight Hundred Ninety-Nine Thousand Dollars and no/100 ($1,899,000.00) in cash or by wire transfer of U.S. Federal Funds to be received by Seller on or before 1O:OO a.m. local time on the Closing Date. 4. Contingencies. Unless waived by Buyer in writing, Buyer’s obligation to purchase the Property shall be subject to and contingent upon each of the following: 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by Seller, certifjring that such representations and warranties are true as of the Closing Date (the “Bring- down Certificate”). Performance of Seller’s Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. - Title. Title shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below. 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”). Seller shall cause the Phase I to be prepared at Seller’s cost and expense. Buyer shall have approved, in Buyer’s sole discretion, a Phase I Environmental Report. Testing. Buyer shall have determined, on or before the Contingency Date, that it is satisfied with the results of and matters disclosed by the Phase I and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Property, all such tests, inspections and reviews to be obtained at Buyer’s sole cost and expense. No Adverse Action. There shall not exist on the Closing Date any lawsuit, governmental investigation or other proceeding challenging the transaction contemplated in this Purchase Agreement, or which might adversely affect the right of Buyer to own, develop, or use the Property after the Closing Date for Buyer’s intended use thereof for park and open space, nor shall any such action have been threatened or instituted. Survey. The Survey shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below. The Survey shall set forth the square footage of the Real Property. 4.8 Termination of Lease. In accordance with the procedure set forth under Section 10.2 hereof, Seller shall provide a termination of that certain Ground Lease 26-528-E made the 13‘ day of January’ 1998 by and between Cuitis Delegard, Martha D. Delegard, Duane Delegard and Anita Delegard as Lessor and Amoco Oil Company, a Maryland corporation as Lessee (hereinafter referred to as the ccAmoco Lease”). For purposes of Section 10.2 hereof Buyer hereby objects to the Amoco Lease and Seller acknowledges that no further objection to the Amoco Lease is necessary under Section 10.2. 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 fiom 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 hrther 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. 5. Buyer’s Access and Investilzation. Seller shall allow Buyer, and Buyer’s agents, access to the Property without charge and at all reasonable times for the purpose of Buyer’s investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnifjr and hold Seller and the Property harmless fiom all costs and liabilities relating to Buyer’s activities. Buyer shall further promptly repair and restore any damage to the Property caused by or occurring during Buyer’s testing and retum the Real Property andor Personal Property to substantially the same condition as existed prior to such entry. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on that date which is ten (10) business days after the earlier of the satisfaction of the last of the contingencies set forth in Section 4 or the date when Buyer shall give notice to Seller that the contingencies which are to have been satisfied on the Contingency Date have been waived or satisfied (the “Closing Date”) but in no event shall the Closing Date be later than a date which is fifteen (15) business days after the Contingency Date.. The Closing shall take place at 1O:OO a.m. local time at the office of the Title in Minneapolis, Minnesota, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 7. Seller’s Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, “Seller’s Closing Documents”): 7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Buyer, conveying the Real Property to Buyer, fiee and clear of all encumbrances, except the Permitted Encumbrances. Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, fiee and clear of all encumbrances. Title Policv. The Policy described in Section 10 of this Agreement, or a suitably marked up Title Commitment for the Policy initialed by Title, in the form required by this Agreement. Bring-down Certificate. A certificate reaffirming as of the Closing Date all of the Seller’s Representations and Warranties contained in paragraph 12 of this Agreement. Ouinion of Seller’s Counsel. An opinion of Seller’s counsel, dated as of the Closing Date, in form reasonably satisfactory to Buyer, that Seller has the requisite power and authority to enter into and perform this Agreement and those Seller’s Closing Documents signed by it; the Seller documents have been executed and delivered; the execution, delivery and performance by Seller of such documents do not conflict with or result in, as applicable, a violation of any judgment, order or decree of any court or arbiter to which Seller is a party; and such documents are valid and binding obligations of Seller, enforceable in accordance with their terms. Seller’s Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; (b) there has been no skill, labor or material hished to the Real Property for which payment has not been made or for which mechanic’s liens could be filed; and (c) there are no other unrecorded interests in the Real Property, together with whatever standard owner’s eldavit and/or indemnity (ALTA Form) which may be required by Title to issue the Policy described in Section 10 of this Agreement. FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations. IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any, as required. Termination of Leases. A termination of the Amoco Lease and any other lease of the Real Property, in recordable form reasonably satisfactory to Buyer. 7.10 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer fiee and clear of all encumbrances, except the Permitted Encumbrances. 8. Buyer’s Closinp - Documents. On the Closing Date, Buyer will execute andor deliver to Seller the following (collectively, “Buyer’s Closing Documents”): 8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or by certified check to be received in Title’s trust account or delivered to Seller on or before 1O:OO a.m. local time on the Closing Date. 8.2 Opinion of Buyer’s Counsel. An opinion of Buyer’s counsel, dated as of the Closing Date, in form reasonably satisfactory to Seller, that (a) Buyer has been duly formed municipal corporation under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; (b) Buyer has the requisite corporate power and authority to enter into this Agreement and the Buyer’s Closing Documents signed by it; (c) such documents have been duly authorized by all necessary City Council action and have been duly executed and delivered; (d) the execution, delivery and performance by Buyer of such documents do not conflict with or result in a violation of state municipal law or any judgment, order or decree of any court or arbiter to which Buyer is a party; and (e) such documents are valid and binding obligations to Buyer, enforceable in accordance with their terms. 8.3 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record ‘the Seller’s Closing Documents and issue the Policy. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 9.2 9.3 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title for any escrow required regarding Buyer’s Objections. Buyer will pay the premium or cost of the Policy and all additional premiums required for the issuance of any mortgagee’s title insurance policy required by Buyer. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title. Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be adjusted as follows: 9.3.1 Current Year’s Taxes. All real property taxes which have become a 9.4 9.5 9.6 9.3.2 9.3.3 lien on the Property (“Taxes”) and which are due and payable prior to the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which are due and payable in the year in which Closing occurs shall be prorated to the Closing Date and Seller’s portion shall be paid by Seller at Closing. This proration shall result in Seller’s payment of Taxes fiom January 1 to the date immediately prior to the Closing Date and Buyer’s payment of Taxes fi-om the Date of Closing to December 3 1. Assessments. All charges for improvements or services already made to or which benefit the Property, and all levied and pending assessments (general or special) arising out of or in connection with any assessment district created.or confirmed prior to the Closing Date (“Assessments”) shall be paid in full by Seller at Closing Tax Amount Unknown. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of Taxes shall be made upon 110% of the most current estimate of such Taxes and Assessment installments, assuming for estimating purposes that the Real Property will be fblly assessed. Seller shall deposit such sum in escrow and all interest earnings on such deposit will be paid to Seller. Title will retain such deposit to pay Seller’s share of the actual Taxes and installments of Assessments (including interest) payable therewith] and shall pay any excess over to Seller. Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable fi-om and after the Closing Date. Attorneys’ Fees. Each of the parties will pay its own attorneys’ fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys’ fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 10. Title Examination. Title examination will be conducted as follows: 10.1 Seller’s Title Evidence. Seller shall, within ten (1 0) days after the date of this Agreement, furnish to Buyer, at Seller’s cost and expense, the following (collectively, “Title Evidence”): 10.1.1 Title Insurance Commitment. A commitment (“Title Commitment”) for the most current ALTA Form B 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 Commercial Partners Title, LLC (“Title”). The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. 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. 10.1.2 Survev. An ALTA/ASCM as built survey (the “Survey”) prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota in form acceptable to Buyer (the “Survey”). The Survey will (a) be completed in accordance with the “Minimum Standard Detail Requirements for ALTA/ASCM Land Title Surveys as jointly established and adopted by ALTA and ACSM in 1999 (the “Requirement”), and includes Items 1, 2, 3, 4, 6, 7a, 7b, 7c, 8, 9, 10, 11, 13, 14, and 15 of Table A thereof and certified to Seller, Buyer and Buyer’s lender and Title by such surveyor in compliance with Item No. 8 of the Requirements; (b) have one perimeter description of the Property; (c) show all easements, right-of-way, setback lines, encroachments and other matters affecting the use or development of the Property; (d) show the acreage of the Property; (e) show the address, dimensions and location of the Improvements and the height and square footage thereof; (0 show the acreage of the Property; (g) certify the zoning of the Property; (h) show all utility lines from each Building to its point of connection with the public system; and (i) certify that no portion of the Property lies within a flood plain. If requested by Buyer, and if data are delivered’ to the surveyor regarding wetlands, the Survey will show the location of any wetlands on the Property. The Deed to be delivered by Seller to Buyer at the Closing will contain the legal description of the Property as shown on the Survey and approved by Buyer and Title Company. The Survey shall be prepared in accordance with the requirements set forth above and as otherwise required by Title in order to allow Title to issue an owner’s policy of title insurance with regard to the Real Property without any exception for survey matters. 10.1.3 UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by either said Secretary of State or by a search firm acceptable to Buyer, showing no UCC filings regarding any of the Property. 10.1.4 Encumbrances. A copy of every document referenced as an exception to the title of the Real Property (including without limitation the Permitted Encumbrances) as described in the Title Commitment. 10.2 Buyer’s Obiections. Within ten (10) days after receiving the last of the Title Evidence, Buyer shall make written objections (“Objections”) to the form and/or contents of the Title Evidence. Buyer’s failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a “Permitted Encumbrance” pursuant to this Agreement. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 10.2.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 10.2.2 Escrow for Cure. Withhold ii-om the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within 90 days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys’ fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 10.2.3 Waiver. Waive the Objections and proceed to close. 10.3 Title Policv. Seller will hrnish the Policy to Buyer at closing or a suitably marked up Title Commitment initialed by Title undertaking to issue the Policy in the form required by the Title Commitment as approved by Buyer. 11. Operation Prior to Closing. During the period fiom the date of Seller’s acceptance of this Agreement to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion. 12. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 12.1 12.2 12.3 12.4 Authority. Seller has the requisite partnership power and authority to enter into and perform this Agreement and those Seller’s Closing Documents signed by it. Such documents have been (or will have been) duly executed and delivered. Such execution, delivery and performance by Seller of such documents do not (and will not) conflict with or result, as applicable, in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party. Such documents are (and will be) valid and binding obligations of Seller, and are enforceable in accordance with their terms. Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumbrances identified on Exhibit C attached hereto (the “Permitted Encumbrances”). Title to Personal Property. Seller owns the Personal Property, free and clear of all encumbrances. Environmental Laws. No toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds lcnown as polychlorinated biphenyls, petroleum products including gasoline, fie1 oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Property nor has any activity been undertaken on the Property that would cause or contribute to (a) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of; the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Section 6901 et seq., or any similar state law or local ordinance, (b) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, fi-om the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, 011 (c) the discharge of pollutants or eflluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., or the Clean Air Act, 42 U.S.C. Section 7401 et seq., or any similar state law or local ordinance. There are 12.5 12.6 12.7 12.8 12.9 no substances or conditions in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B (“MERLA’’) and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 115C. No above ground or underground tanks are located in or about the Property or have been located under, in or about the Property and have subsequently been removed or filled. Rights of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refbsal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. Seller’s Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. FIRPTA. Seller is not a “foreign person,” “foreign partnership,” “foreign trust” or “foreign estate” as those terms are defined in Section 1445 of the Internal Revenue Code. Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. Seller will indenmi@ Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless fiom, any expenses or damages including reasonable attorneys’ fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Each of the representations and warranties herein contained shall survive the Closing. Wherever herein a representation is made to the “knowledge” of Seller, such representation is limited to the knowledge of Curtis Delegard, M. Diane Delegard, Duane Delegard and Anita Delegard. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 13. Representations and Warranties by Buver. Buyer represents and warrants to Seller that Buyer is municipal corporation duly formed under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite municipal power and authority to enter into this Agreement and the Buyer’s Closing Documents signed by it; such documents have been duly authorized by all necessary municipal action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and Performance by Buyer of such documents do not conflict with or result in violation of state municipal law or any judgment, order or decree of any court or arbiter-to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys’ fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. Consummation of this Agreement by Seller with knowledge of any breach of such warranties and representations by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 14. Damage. If, prior to the Closing Date, a11 or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer’s option (to be exercised within 30 days after Seller’s notice), this Agreement shall terminate, in which event neither party will have any hrther obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. 15. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property by any entity except Buyer, Seller shall immediately give notice to Buyer of such fact and at Buyer’s option (to be exercised within 30 days after the date of Seller’s notice), this Agreement shall terminate, in which event neither party will have Wher obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refinded to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller’s right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to such condemnation proceedings without Buyer’s prior written consent. 16. Broker’s Commission; Seller and Buyer represent and warrant to each other that they have dealt with no brokers, frnders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting fiom their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys’ fees. 17. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless fiom, all liabilities (including reasonable attorneys’ fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorneys’ fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon fill performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifjring party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 18. Assignment. Either party may assign its rights under this Agreement with the prior written consent of the other party, before or aRer Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 19. 20. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: If to Buyer: Attn: City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Attn: Robert Lambert Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any pa@ may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22. Entire Agreement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 23. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 24. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 25. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Seller may obtain and retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer fiom seeking and recovering fiom Seller damages for nonperformance or specific performance of this Agreement. 26. 103 1 Exchange. Seller desires to qualifl this transaction as part of a tax deferred exchange under Section 103 1 of the Internal Revenue Code. To effect the exchange, Buyer shall accommodate and cooperate with Seller in a tax deferred 1031 exchange, provide that said exchange is at no cost and no liability to Buyer. IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER. CURTIS DELEGARD M. DIANE DELEGARD BUYER CITY OF EDEN PRAIEUE BY Nancy Tyra-Lukens Its Mayor DUANE DELEGARD ANITA DELEGARD RV Scott Neal Its City Manager EXHIBITA - Legal Description of the Land (first Recital paragraph) EXHIBITB - Escrow Agreement EXHIBITC - Permitted Encumbrances (Section 12.2) EXHJBITA LEGAL DESCRIPTION Outlot H, Hawthorne of Eden Prairie, Hcnnepin County, Minnesota EXHIBITE ESCROW AGREEMENT The undersigned, Commercial Partners Title, LLC (“Title Company”), acknowledges receipt of $1,000 (the ‘‘Earnest Money”) to be held by it pursuant to the Purchase Agreement to which this Escrow Agreement is attached. Title Company will hold the Earnest Money (hereinafter the “Earnest Money”) in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Title Company will invest the Earnest Money in such interest-bearing accounts, instruments, corporate paper, or money market fimds as approved by both Buyer and Seller, Interest will accrue for the benefit of Buyer, unless the Purchase Agreement is terminated by reason of the default of Buyer, in which case the interest will be paid to Seller. Prior to the Contingency Date, Buyer may direct the Title Company to return the Earnest Money to it if Buyer elects to terminate the Purchase Agreement. Title Company is not responsible for any decision concerning performance or effectiveness of the Purchase Agreement or for resolution of any disputes concerning the Purchase Agreement. Title Company is responsible only to act in accordance with the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction except as to Buyer’s right to direct the return of the Earnest Money prior to the Contingency Date. Seller and Buyer will hold Title Company harmless from all claims for damages arising out of this Escrow Agreement and do hereby agree to indemnifjr Title Company for all costs and expenses in connection with this escrow, including court costs and attorneys’ fees, except for Title Company’s failure to account for the funds held hereunder, or acting in conflict with the terms hereof. The fees and charges of the Title Company will be paid by Seller. This Escrow Agreement is dated this - day of , 2004. COMMERCIAL PARTNERS TITLE, LLC EMmBIT C PERMITTED ENCUMBRANCES 1. Easement for sewer and utility purposes dated November 1, 1998 and recorded as County Recorder Document No. 5488547 in favor of the Metropolitan Waste Control Commission