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HomeMy WebLinkAboutCity Council - 12/21/2004AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, DECEMBER 21,2004 CITY CENTER 5:OO - 6~25 PM, HERITAGE ROOM I1 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lultens, 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 Worlts 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 11 I. NEW BRAND IDENTITY SYSTEM Co iin cil Chamber 11. OPEN FORUM 111. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 21,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lultens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Worlts Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. 11. 111. IV. V. VI. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. TRUTH-IN-TAXATION HEARING HELD MONDAY, DECEMBER 6,2004 B. C. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 7,2004 CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7,2004 HENNEPIN VILLAGE SITE C REZONING by Dan Herbst, Hennepin Village LP. 2nd Reading for Planned Unit Development District Review on 11.99 acres, Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Ordinance for PUD District Review and Zoning District Change, Resolution for Site Plan Review) DAIRY QUEEN GRILL AND CHILL by Frauenshuh Companies. 2nd Reading for 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. (Ordinance for PUD District Review and Zoning District Amendment, Resolution for Site Plan Review) APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO SIGNS C. D. CITY COUNCIL AGENDA December 2 1,2004 Page 2 E. F. G. H. I. J. K. L. M. N. 0. P. Q. APPROVE SECOND READING OF AN ORDINANCE CHANGING THE NAME OF SPRING ROAD SOUTH OF PIONEER TRAIL TO MITCHELL ROAD APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING INC. FOR CITYWIDE TRANSPORTATION FORECASTS AND MAJOR CENTER AREA LAND USE, TRANSPORTATION AND WAYFINDING STUDY ADOPT RESOLUTION SUPPORTING LEGISLATION TO PROVIDE FUNDING OPTIONS, PARTICULARLY THE AUTHORITY TO ESTABLISH A STREET UTILITY, FOR CITY STREET IMPROVEMENTS APPROVE THE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOTS 1-8, BLOCK 1, EDENVALE HIGHLAND ADDITION, S.S.A. 01-08 AWARD CONTRACT TO DON RIHN TRANSPORT FOR LIME RESIDUALS HAULING AND DISPOSAL, I.C. 04-5636 AWARD CONTRACTS FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2005, I.C. 05-5637 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC. FOR FINAL DESIGN AND CONSTRUCTION STAGE SERVICES FOR TH 212 / CHARLSON RD. INTERSECTION IMPROVEMENT PROJECT, I.C. 05-5638 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR 2005 WELL REHABILITATION PROGRAM ADOPT LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL TO THE THREE LOCAL WATERSHED DISTRICTS AND THE MET COUNCIL, I.C. 99-5501 APPROVE CHANGE ORDER REQUEST A-4 FOR CONSTRUCTION CHANGES AT RILEY-JACQUES BARN AND APPROVE REQUEST FOR ADDITIONAL FEES FOR ARCHITECTURAL AND STRUCTURAL ENGINEERING SERVICES APPROVE CHANGE ORDER 121504 MODIFICATIONS TO THREE NEW RESCUE PUMPER TRUCKS APPROVE ESTABISHMENT OF A CEMETERY TASK FORCE APPROVE DECLARATION OF COVENANTS AND EASEMENTS FOR LOT CITY COUNCIL AGENDA December 21,2004 Page 3 VII. VIII. Ix. X. XI. XII. XIII. 6, BLOCK 2, SUNSET RIDGE PUBLIC HEARINGS / MEETINGS A. VACATION OF RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE, VACATION 04-12 (Resolution) VACATION OF RIGHT-OF-WAY FOR PART OF WEST 175TH AVENUE, VACATION 04-13 (Resolution) FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE BY ADDING SECTION 9.16 ENTITLED EXTERIOR BUILDING MAINTENANCE B. C. PAYMENT OF CLAIMS ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.25 AND OTHER APPLICABLE SECTIONS BY CHANGING THE NAME OF THE COMMUNITY PLANNING BOARD TO THE PLANNING COMMISSION B. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE BY ADDING SECTION 9.16 ENTITLED EXTERIOR BUILDING MAINTENANCE PETITIONS, REQUESTS AND COMMUNICATIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2005 Property Tax Levv and 2005 Fund Budget (Resolution1 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR REPORT OF PARKS AND RECREATION DIRECTOR C. D. E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA December 2 1,2004 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT ITEM NO.: V. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TRUTH-IN-TAXATION HEARING MONDAY, DECEMBER 6,2004 5:30 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, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:30 p.m. Councilmember Butcher was absent. 11. PLEDGE OF ALLEGIANCE 111. PUBLIC HEARING ,- A. OVERVIEW OF 2005 PROPOSED BUDGET AND TAX LEVY Kotchevar presented an overview and summary of the proposed budget and tax levy. She explained that the General Fund budget is $32.4 M and total property tax levy is $27 M vs. $26 My a 3.6% increase over 2004. Neal said this meeting was held voluntarily last year, but is required this year. He said the purpose is to provide citizens and the City Council a chance to comment on the budget that is scheduled for approval at the December 21, 2004 meeting. The City property tax impact for the median value ($3 10,000) home would be $943, a proposed increase of $34 or 3.7%. City property tax for apartment buildings and commercial buildings would decrease .40% and 3.05% respectively. Kotchevar said the total property tax, including Hennepin County, ISD 272 and other, would involve an increase of $109 or 3.3% for residential properties; decrease of $291 or .42% for apartment properties; and decrease of $2,536 or 3.66% for commercial properties. She explained that these figures do not include the school board referendum that passed in November. TRUTH IN TAXATION HEARING December 6,2004 Page 2 Kotchevar showed pie charts of property tax distribution for the median value home as well as commercial/industrial properties. She showed General Fund revenues and expenditures and explained that most of the expenditures are due to a wage and benefit program for 300 employees and also the addition of a new fire department and its fire fighters. She showed monthly cost of city services as well as budget and objectives for the Utility Fund and Liquor Enterprise. B. PUBLIC COMMENT AND DISCUSSION There were no comments from the public. IV. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Young moved, seconded by Mosman, to close the Public Hearing. Motion carried 4-0. V. ADJOURNMENT MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Mayor Tyra- Lukens adjourned the meeting at 5i44 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, DECEMBER 7,2004 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM I1 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, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters , Heritage Room II I. DISCUSSION OF FARMERS MARKET Patti Lloyd and Vicltie VanDriessche presented a proposal for a farmers market at Purgatory Creek Park. They have discussed the concept with City staff, including David Lindahl and Bob Lambert. Lloyd said the farmers market concept grew out of their desire for a place for Eden Prairie to come together as a community. The market would include booths selling fresh produce, baked goods, flowers, some finished food products, and several booths representing local artisans. There would also be entertainment and other activities on some dates. Lloyd and VanDriessche have backgrounds in marketing and management, and they would serve as hands-on managers for the market, which would be held Thursday evenings and Saturday mornings from mid-May through the end of October. A farmers market board would help oversee the operation. Lloyd and VanDriessche said they need to know whether or not Council is supportive of the concept before they can move forward. Mayor Tyra-Lukens said she likes the idea but she is concerned about the impact a farmers market might have on park facilities and programs. Lambert said believes the best arrangement would be for the City to rent the park space to the farmers market with part of that fee covering the City’s operational costs. Lambert said also noted that there are between 2,000 and 3,000 decorative plantings in the park, which could be damaged by foot traffic if not properly managed. Trash pickup was also an issue other cities mentioned, especially when events are scheduled immediately after the farmers market. Despite some concerns, Lambert said he supports the concept. He said a farmers market would encourage use of the park, but it must be done with care. Lambert said he asked Lloyd and VanDriessche to talk to others in the community that might be affected by a farmers market, including Dale Bachman. Lloyd and VanDriessche said they have talked to Bachman and tried to allay his concerns about a farmers market. Lindahl he also has spoken to Mr. Bachman, but he still has a philosophical concern about a private business being located on public land. Others who were contacted appear to support the concept. Lloyd and VanDriessche also spoke with Flagship Business Center about the possibility of obtaining additional parking for patrons, particularly on Thursday evenings. They have also spoken with managers of farmers markets in nearby communities and attended a State-sponsored seminar on running a farmers market. Mayor Tyra-Lukens asked how much lead time is required for the farmers market to open in May. Lloyd said they need to start now if they are going to open in May. Lambert explained the approval process, saying the next step is to present the proposal to the Parks Commission, which next meets in early January. Then the proposal must go before the Planning Commission because it involves land use issues. The earliest it could go before Council for approval is February. Mayor Tyra-Lulcens and Councilmember Butcher both said they are enthusiastic about the farmers market concept. Mayor Tyra-Lukens said she is glad to see two people in the community willing to tackle this kind of project. 11. CEMETERY TASK FORCE City Manager Scott Neal distributed a memo he drafted in response to a workshop and Council action in February requesting formation of a cemetery task force to study issues related to the City’s management of its cemetery. Stu Fox would serve as the staff liaison to the task force. Mayor Tyra-Lultens asked about costs for maintaining the cemetery. Fox said the main costs are for mowing and upkeep of pavement, fences, etc. The cemetery is currently paying its own way with funds collected for perpetual care. When the City took over the cemetery in 1986 the perpetual care fund balance was $97,000; today the fund balance is $232,000. Case said he is glad the cemetery is paying its own way, and would like to see it continue to do so; however, he would not mind seeing some upgrades such as more decorative fencing. Fox noted that state statutes stipulate what you can and cannot do in terms improvements; however, fencing can be replaced. Neal said a formal motion for formation of a cemetery task force will be prepared for the December 2 1 Council meeting. Council Chamber 11. OPEN FORUM No one was schedule to speak at Open Forum. III. OPEN PODIUM Geraldine Beckmann, Eden Prairie resident and member of the Eden Prairie Historical Society, addressed Council regarding a December 2,2004, Eden Prairie News commentary on historical preservation by Councilmember Young. IV. ADJOURNMENT UNAPPROVED MINUTES 1 I EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 7,2004 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lultens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I.. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lultens called the meeting to order at 7:04 p.m. All members were present. 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens announced the retirement of Councilmember Mosman who did not run for re- election this past fall. Tyra-Lultens read a proclamation in honor of Mosman who served from 2001 to 2004, recognizing her for her dedication and commitment to the City of Eden Prairie. Tyra-Lukens thanked Mosman for her years of service, noted her accomplishments as a councilmember, and proclaimed December 8,2004 as Jan Mosman Day in the City of Eden Prairie. Mosman added a summary under Reports of Councilmembers. Neal added a Chamber of Commerce item for discussion and a brief report from National League of Cities Conference under Report of City Manager. Neal also noted a simple change in the cover sheet for Item VI1.C. relating to changes in the sign ordinance. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. OPEN PODIUM HELD TUESDAY, NOVEMBER 23,2004 MOTION: Mosman moved, seconded by Case to approve the minutes of the Open Podium held Tuesday, November 23,2004. Case asked if the council really wanted to do minutes for the Open Podium and said there was previous discussion on the format being more of an open discussion. Neal CITY COUNCIL MINUTES December 7,2004 Page 2 said it is an item of discretion for the council and said since he has been here, there have been notes talcen of that section of the meeting. Neal said those sections of the meeting are not electronically recorded or aired on television, but if the council as a group chooses to discontinue the taking of minutes, it could be accommodated. Case asked if there is a legal question that we need to have documentation on what was said at the open meetings. Rosow said it’s probably appropriate to have some record made because it is legitimately a meeting of the council and the notice for the meetings includes the fact that the sessions are held. Case said he would prefer a more abbreviated form for the minutes of these sessions. Councilmembers expressed support for an abbreviated format for the minutes of Open Poduim. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 23,2004 MOTION: Butcher moved, seconded by Case to approve the minutes of the City Council Meeting held Tuesday, November 23,2004. Motion carried 5-0. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2004-164 APPROVING FINAL PLAT FOR PRAIRIE PINES B. ADOPT RESOLUTION NO. 2004-165 REQUESTING MNDOT TO PROVIDE FUNDING THROUGH FY 2006 MUNICIPAL AGREEMENT PROGRAM FOR THE MAJOR CENTER AREA TRAFFIC SIGNAL IMPROVEMENT PROJECT, I.C. 02-5584 C. ADOPT RESOLUTION NO. 2004-166 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT, I.C. 01-5527 D. ADOPT RESOLUTION NO. 2004-167 REGULATING FEES AND CHARGES FOR 2005 BUSINESSES, LICENSES, PERMITS AND MUNICIPAL SERVICES E. ADOPT RESOLUTION NO. 2004-168 RELATING TO $1,137,000 GENERAL OBLIGATION EQUIPMENT NOTES, SERIES 2004B F. ADOPT RESOLUTION NO. 2004-169 APPROVING SALE OF LOT 6, BLOCK 2, SUNSET RIDGE (6600 175TH AVENUE WEST) G. AUTHORIZE REMOVAL OF REQUIREMENT FOR REALIFE INC. TO CONSTRUCT TRAIL CONNECTION FROM REALIFE VALLEY VIEW COOPERATIVE PROPERTY TO SMETANA LAKE TRAIL CITY COUNCIL MINUTES December 7,2004 Page 3 MOTION: Case moved, seconded by Mosman, to approve Items A-G of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS / MEETINGS A. EDEN HEIGHTS ESTATES by Premier Development. Request for Planned Unit Development Concept Review on 24.78 acres, Planned Unit Development District Review with waivers on 24.78 acres, Zoning District Change from R1-22 to Rl-13.5 on 18.62 acres, and Preliminary Plat of 24.78 acres into 47 lots. Location: Southwest corner of Pioneer Trail and Eden Prairie Road. (Ordinance for PUD Review and Zoning District Change; Resolution No. 2004-170 for PUD Concept Review, Resolution No. 2004-171 for Preliminary Plat) City Manager Scott Neal announced that official notice of this public hearing was published in the November 25,2004, Eden Prairie Sun Current and sent to 120 property owners. He said this for a single-family subdivision for 47 lots, to include 39 lots for new single-family homes and 8 lots with existing single-family homes. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its November 22,2004 meeting. He said the proposed density is 2 units per acre for the 18.62 acres to be zoned R1- 13.5. The density of the overall 24.78 acre project area, including the single-family lots along Hilltop Road is 1.9 units per acre. Neal said the following waivers are proposed as part of the Planned Unit Development: 1. Lot size less than 13,500 sq. R. for Lots 5 - 11, Block 1, and Lot 1, Block 3. The lot sizes vary between 12,041 sq. R. and 12,854 sq. ft. to accommodate the upgrade of Pioneer Trail and to provide room for a trail. The trail could be located in an easement and then there would be no lot size waivers; however it is better for the City if the trail is under public ownership and not located on private property. 2. Lot fi-ontage less than 85 feet for Lots 12-14, Block 3. The lot frontages vary between 48 feet and 80 feet. The street could be redesigned to have a “bubble “cul-de-sac and the lots would meet the 55 foot requirement. However the plan is better with less pavement and more green space in the front yards. Neal said the plans have been revised according to the staff report. Jeremiah noted that the developer is in attendance. Case asked staff about plans to signalize the intersection at Gateway Lane. Dietz said there are no plans to do that and he thinks for some period of time once the improvements to Pioneer Trail are made, there will be more sufficient gaps. He said it was one of the arguments made for trying to get a connection down to Hilltop Road. He said he is certain that the 41 lots will not create warrant for a signal there, but it would be in the county’s control for the fiiture. , CITY COUNCIL MINUTES December 7,2004 Page 4 Case asked when the Pioneer Trail four-way section between 212 and Eden Prairie Road planned for 2006 extends 200 to 300 feet west, does it extend to Gateway. Dietz said he thinks it ties into somewhere around the Gateway area, but the exact location is not finalized. He said we know there will be a median near the intersection, but there will not be a median at the Gateway location in the 2006 project, but beyond that there is no schedule for the balance of the project. He said because of the proximity of homes along that segment along Pioneer Trail, it is more likely to look more like the reconstruction of Eden Prairie Road north of Pioneer Trail. Jeff Charnes of 9099 Gould Road said he is also speaking on behalf of his wife, Mary and neighbors Dave and Sue Larson of 9098 Gould Road. He said the concept presented by the developers is very attractive and totally in concert with his perceived view of the future of those properties. He said they have had a number of conversations with the developer and the developer has been cooperative about providing information. Charnes, his wife and Dave Larson attended the Planning meeting and generally agreed with what they heard. However, the discussion on the need for a new variance on the lots, Variance 1, was a surprise to them. He said the developer did not ask for that variance and staff had suggested it to accommodate possible needs for the county. He said concerns are that staff and the developer refer to what the county might want to do when they expanded County Road 1. Charnes said the layout proposed for the new development may be drawing a line in the sand which would direct all pressure to the north when plans were drawn to widen Pioneer Trail. He said the new properties planned to border Pioneer Trail would now, by the proposed variance, already be smaller than allowed by the city for this area and it would seem that the ability by the county to acquire additional footage to the south would then be out of the question. Charnes said at a meeting last September, the county displayed preliminary plans for the new road bed. He said it extends 17 feet into the properties to the north of the road, in addition to the 16.5-foot grassy boulevard. He said Larson has had conversations with city staff members in the past weeks and they indicated that they had discussion with the county on the topic of road expansion. Charnes said he has had multiple conversations with the developers’ staff and they indicated they have also discussed road expansion with the county. He said he has asked the county questions about the expansion and was directed to his Community Advisory Coiincil representative who indicated he would receive a newsletter at some point in time. Charnes said it is the county’s position that it is early in the planning stages, however, it seems that serious discussions are being held, decisions made, without an ability to provide input or to ask questions about the project. Charnes said they feel that before the development is finalized and approved by the council, there needs to some type of joint meeting between the county, city, developers and affected homeowners to review agreements that have already been made. CITY COUNCIL MINUTES December 7,2004 Page 5 Charnes said he always expected that Pioneer Trail would be lighted and he and his friends and neighbors are willing to live with the 16.5-foot boulevard, but county plans extend that another 17 feet to the north and they aren’t prepared to accept that without expressing concern. He said they are suggesting that if the county requires additional land for the project, it should be taken from properties that are abandoned to the south. Charnes said they are concerned that acceptance of this proposal subjects them to the whims of the county planners and at the same time limits the planners’ acquisition options for property to the south. He asked if the proposed development can be shifted south to allow a larger buffer zone and more flexibility for county planners should they need it. Dietz said he thinks that the next phase of the project will get Pioneer Trail built to the intersection and then taper down. He said the plan has not been finalized and he suspects there will be some compromise in terms of having a full median everywhere and it will be much more like County Road 4 in the end. He said he believes there is a limitation to what can be expected for dedication and the north side dedication probably was in the vicinity of 17 additional feet so the north half right of way would probably be 50 feet in width. He said we are getting substantially more than that from the south side and there are some limitations as to what can be expected for free. He said he thinks in the future when the time comes to upgrade westerly of Eden Prairie Road, there will be a public hearing process and the residents will be included. Dietz said the drawings represent a worse case scenario that required a certain amount of dedication from this project and we are receiving that to the extent that we would use it and the extent that we would encroach to the north is yet to be determined. This is a very preliminary thing that has no sanction or approval and is just a concept. Case asked how many more than typical %-foot right-of-way we are gaining because of the additional land on the south side. Dietz said on the north side, a total of 50 feet, 33 plus 17, was obtained, and the south side it is 27 plus more in the easterly end of it. Case clarified that there would be 77 feet on the south side to work with and 50 on the north. The developer’s representative (name?) stated that figure is close and it is going to be somewhere between 100-127 feet from Gateway over to the east end of the project. Case asked what lot number the Marshall Farm Market ends on. Dietz said Lot 9. There were no further public comments. MOTION: Mosman moved, seconded by Butcher, to Close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 24.78 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rl-22 to R1-13.5 on 18.62 acres; and adopt the Resolution for Preliminary Plat on 24.78 acres into 47 lots; and direct Staff to prepare a CITY COUNCIL MINUTES December 7,2004 Page 6 Development Agreement incorporating Staff and Board recommendations and Council conditions. Case acknowledged that Charnes’ concerns are well understood and specifically because Case lives on Pioneer Trail, he will be part of this second stage. He said it is early in a deep process and he is pleased with what is going on in the second leg, in pulling constituent representation from all sections. Motion carried 5-0. B. HENNEPIN VILLAGE SITE C REZONING by Dan Herbst, Hennepin Village LP. Request for Planned Unit Development Concept Amendment on 11.99 acres, PlannedUnit Development District Review on 1 1.99 acres, Zoning District Change from RM 6.5 to Rl-9.5 on 1 1.99 acres, Site Plan Review on 1 1.99 acres, and Preliminary Plat of 11.99 acres into 40 lots. Location: North of Highway 212, east of Spring Road. (Ordinance for PUD District Review and Zoning District Change; Resolution No. 2004-172 for PUD Concept Amendment, Resolution No. 2004-173 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the November 25,2004, Eden Prairie Sun Current and sent to 36 property owners. He said this is for an amendment to the approved I-Iennepin Village plan unit development to rezone 1 1.99 acres from multiple family to single family for 40 single family homes. He said the project requires the following waivers for lot size, setbacks, and density in the Rl-9.5 zoning district: 0 0 0 0 Lot size from 9,500 SF to 3,240 SF. Density from 3.5 units per acre to 6.89 units per acre. Site area per unit from 9,500 SF to 7,200 SF. Lot width from 70 feet to 36 feet. Lot depth from 100 feet to 95 feet. Front yard setback from 30 feet to 10 feet. Rear yard setback from 20 feet to 10 feet. Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. Neal said these are the same waivers granted for the other areas in the planned development that are zoned R1-9.5. The Community Planning Board voted 7-0 to recommend approval of the project at its November 22,2004 meeting. Jeremiah noted that the developer is present. Neal added that there are other issues going on now and considerations for aspects of future Hennepin Village development, but this is not one of those. He said this is for something we have seen before, made an amendment to, and now going back to how it was originally. There were no public comments. CITY COUNCIL MINUTES December 7,2004 Page 7 C. MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Amendment on 11.99 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from RM-6.5 to Rl-9.5 on 1 1.99 acres; and adopt the Resolution for Preliminary Plat on 1 1.99 acres into 40 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case noted that Hennepin Village has come before the council several times for tweaking and this is one of the most complicated PUDs spread over time with developing stages that have been approved. He said it is not surprising with marlcet changes and that developers come back and ask that things be tweaked and this is normal and reasonable. Motion carried 5-0. ORDINANCE AMENDING CITY CODE SECTION 11.70, RELATING TO SIGNS City Manager Scott Neal announced that official notice of this public hearing was published in the November 25,2004, Eden Prairie Sun Current. He said there are two revisions: 1. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager’s designee. These items are being repealed since the City does not use or need this discretion and the amendment conforms to the City Code by established City practice. 2. Adding language for a person violating the sign code, if convicted, shall be punished as a misdemeanor. Neal said the Community Planning Board voted 7-0 to recommend approval of the code change at the November 22,2004, meeting. Rosow said in reviewing the provisions that are being amended, it was noted that there are two minor grammatical changes he would lilce to have included in the first reading. They are: 1. Substituting a colon for a Deriod in 1 1.70, Subd. 5E. The sentence ends with the “notice.” with a period preceding a listing of three items and that’s where the colon should be. Removing the “/oryy at the end of Item 1 under 1 1.70 Subd. 5E. Item 1 ends with the phrase “and/or” and then goes on to items 2 and 3, and it really should just be “and.” 2. Rosow said the amendment is being proposed essentially to bring into conformance the code with the actual city practices as stated that the items are being repealed since we don’t use or need that authority and don’t use that discretion and it conforms to the city’s historic practice in this regard. CITY COUNCIL MINUTES December 7,2004 Page 8 MOTION: Case moved, seconded by Mosman, to close the Public Hearing and Approve 1'' Reading of the Ordinance Amending City Code relating to signs. The amendment, if adopted, would repeal City Code Section 11.70, Subd. 4. A. 9., B. lo., C. 5.D. 7., relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.11 regarding performance standards, and add penalty provisions Section I 1.99, including changes as proposed by the City Attorney. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher to approve the Payment of Claims. There was no action on this item because the list was not available. IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO CHANGE THE NAME OF SPRING ROAD TO MITCHELL ROAD, SOUTH OF PIONEER TRAIL City Manager Scott Neal announced that Mitchell Road will continue southward from its present terminus at Pioneer Trail to the newly constructed Spring Road. He said presently, Spring Road lies across Pioneer Trail in alignment with Mitchell Road. Staff proposes to change this section of Spring Road to Mitchell Road. Spring Road has been realigned with the Hennepin Village Plats, and travels south and westerly of Grace Church to the intersection with Eden Prairie Road. Neal said no residents or business addresses are affected by this change. MOTION: Mosman moved, seconded by Butcher, to approve First Reading of an Ordinance changing the name of Spring Road to Mitchell Road, south of Pioneer Trail, approximately 2000 feet to its intersection with the new alignment of Spring Road. Motion carried 5-0. X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Mosman - Summary Mosman gave a summary of where the city was at the beginning of her tenure as well as where the city is now and also a list of projects. Highlights included improvement of infrastructure at Flying Cloud Airport, improvement of resident and business participation in the city, saving natural areas and CITY COUNCIL MINUTES December 7,2004 Page 9 wetlands, reuse of historic buildings, and promotion of development of varied housing. She said four years ago, the city was rated a AA Bond rating and today has been brought up to a AAA rating - the best rating possible. She listed some project improvements from the last several years and noted the fiscally responsible way in which staff, advisory commissions and the elected city council have helped accomplish remarkable results without wasting taxpayer dollars. She said these are examples of how the City of Eden Prairie works to provide quality amenities, services and facilities for its residents and businesses in the most cost effective manner possible. Mosman read a story she said her daughter used as a school project and addressed it to residents of the city because it shows how the city’s excellent staff and city council operates and does a good job of it. B. REPORT OF CITY MANAGER Neal announced that an invitation has been received from the Eden Prairie Chamber of Commerce to participate in this year’s Minnesota Chambers 2005 Session Priorities dinner. He said the event will be downtown at Hilton Minneapolis on Wednesday, January 5,2005 starting at 4 p.m. with issue briefings, reception at 5 p.m., Governor speaks at 6:45 pm., dinner from 7-8 p.m. and adjournment at 9 p.m. He said the Eden Prairie Chamber has reserved seats and if there is interest in having those seats, we need to notify them. Neal provided a review on this year’s National League of Cities conference he attended last week in Indianapolis. He said attendance was light, but there was an interesting assortment of issues including much discussion on all ends of the political spectrum on immigration issues. He said there were also a number of different sessions on taxation preemption issues, especially on the national streamlined sales tax project as it proceeds further in its development. He said those issues aren’t as big for Minnesota cities because most of us do not receive direct sales tax dollars, and they are much bigger in states like Washington, Nevada and Texas where they depend on the sales tax for their issues. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES December 7,2004 Page 10 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lulcens adjourned the meeting at 7:59 p.m. DEPARTMENT/DIVISION: Christy Weigel, Police/ Community Investigations Unit DATE: December 21 , 2004 ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VI. A. These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: EP Lions Club Event: Taste of Eatin’ Prairie Date: January 29,2004 Place: Eden Prairie Center New Liquor License -New Ownership Licensee name: NYT Enterprises, Inc (Formerly: Tobiko, Inc ) DBA: Little Sushi 2005 Renewal Licenses On-sale Liquor Kabuki, Inc DBA: Kabuki Restaurant Biaggi’s Ristorante Italiano, LLC DBA: Biaggi’s Ristorante Italiano Bilimbi Bay Minnesota, LLC DBA: Bilimbi Bay Leiserv, Inc DBA: Brunswick Zone - Eden Prairie (Note: DBA name change fi-om Brunswick Eden Prairie Lanes) BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Campiello, LLC DBA: Campiello Champps Operating Corporation DBA: Champps Restaurant & Bar (Note: DBA name change from Champps Americana) Chevy’s Cuatro, LLC DBA: Chevy’s Fresh-Mex .1 On-sale and Sunday Liquor Apple American Ltd Ptsp of MN DBA: Applebee’s Neighborhood Grill & Bar Bearpath Golf & Country Club, Ltd Ptsp of h4N DBA: Bearpath Golf & Country Club Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club Courtyard Management Corporation DBA: Courtyard By Marriott Don Pablo’s Operating Corp. DBA: Don Pablo’s Grille Mexicana (Note: DBA name change fi-om Don P ab lo ’ s) Eden Prairie Jakes, Inc DBA: Epic -1- City Council Agenda Item Description Page 2 TA, Inc DBA: Great Mandarin Purple Star, Inc DBA: Green Mill of Eden Prairie Shady Oak Hospitality, Ltd Ptsp DBA: Hilton Garden Inn MinneapolisEden Prairie Wadsworth Old Chicago, Inc DBA: Old Chicago Olympic Hills Corporation DBA: Olympic Hills Golf Club OutbacldMidwest 11, LTD DBA: Outback Stealthouse Redstone American Grill, Inc DBA: Redstone American Grill RT Minneapolis Franchise, LLC DBA: Ruby Tuesday Starmark Holdings, LLC DBA: Stars Restaurant-Flagship Timber Lodge Stealthouse, Inc DBA: Timber Lodge Steakhouse Wildfire Eden Prairie, LLC DBA: Wildfire Gemelli, LLC DBA: Woody’s Shady Oak Grille DBA: Cam Ranh Bay Restaurant Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle Mexican Grill D’Amico & Sons, LLC DBA: D’Amico & Sons Detello’s, Inc DBA: Detello’s Pizza & Pasta Fuddruckers, Inc DBA: Fuddruckers India Palace New, Inc DBA: India Palace Nguyen, Inc DBA: Mister Q’s Vietnamese Cuisine New Beijing, Inc DBA: New Beijing Chinese Restaurant The Noodle Shop Co., --Colorado, Inc DBA: Noodles & Company Civitali Restaurant Corporation DBA: Punch Neapolitan Pizza EdenDoba, Inc DBA: Qdoba Mexican Grill On-sale Club Eden Prairie Lions Club, Inc DBA: Eden Prairie Lions Club On-sale Wine with Strong Beer Oceanside Enterprises, LLC DBA: Bear Rock Cafi Happy Family, Inc 3.2 Beer On-sale Davanni’s, Inc DBA: Davanni’s Pizza & Hot Hoagies C.\RDCab\PL\Temp\VI A. - Clerk‘s LirLdoc City Council Agenda Item Description Page 2 Lions Tap, Inc DBA: Lions Tap CSM RI Eden Prairie, L.L.C. DBA: Residence Inn by Marriott Minneapolis Southwest Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club Bilimbi Bay Minnesota, LLC DBA: Bilimbi Bay 3.2 Beer Off-sale Jerry’s Enterprises, Inc DBA: Cub Foods Eden Prairie Jerry’s Enterprises, Inc DBA: Jerry’s Foods Eden Prairie Lions Tap, Inc DBA: Lions Tap PDQ Food Stores, Inc DBA: PDQ Store #215 RBF Corp. of Wisconsin DBA: Rainbow Foods Speedway SuperAmerica, LLC DBA: SuperAmerica #444 1 Speedway SuperAmerica, LLC DBA: SuperAmerica #4159 Speedway SuperAmerica, LLC DBA: SuperAmerica #4269 . Leiserv, Inc DBA: Brunswiclc Zone - Eden Prairie (Note: DBA name change from Brunswick Eden Prairie Lanes) Colonial Auto Inc DBA: BP Amoco Champps Operating Corporation DBA: Champps Restaurant & Bar (Note: DBA name change fiom Champps Americana) Costco Wholesale Corporation DBA: Costco Wholesale #783 Jerry’s Enterprises, Inc DBA: Cub Foods Eden Prairie Hiawatha Marketing, Inc DBA: Eden Prairie Grocery Eden Prairie Jalces, Inc DBA: Epic Youssef H. Tadros DBA: Garden Court Gifts Cigarette & Tobacco Products AD Eagle Mobil, Inc DBA: AD Eagle Mobil, Inc KO-B, INC DBA: Aztec BP Kath Fuel Oil Service Co. DBA: GASPLUS 17 TA, Inc DBA: Great Mandarin C RDCnb\PL\Ternp\VI A. -Clerk‘s LisLdix City Council Agenda Item Description Page 2 Purple Star, Inc DBA: Green Mill of Eden Prairie HOLIDAY STATIONSTORES, JNC DBA: Holiday Stationstore #343 Jerry’s Enterprises, Inc DBA: Jerry’s Foods Eden Prairie Norseman Oil Co. DBA: Mark’s BP Eden Prairie Norseman Oil Co. DBA: Mark’s Hwy 5 BP The W. Gordon Smith Co. DBA: Mobil Twin Cities Stores, Inc DBA: Oasis Market #527 Wadsworth Old Chicago, Inc DBA: Old Chicago Olympic Hills Corporation DBA: Olympic Hills Golf Club PDQ Food Stores, Inc DBA: PDQ Store #215 RBF Corp. of Wisconsin DBA: Rainbow Foods Redstone American Grill, Inc DBA: Redstone American Grill Babe VI, LLC DBA: Smoker’s Haven Snyder’s Drug Stores, Inc DBA: Snyder’s Drug Store #5087 Snyder’s Drug Stores DBA: Snyder’s Drug Store #5054 B&I< Eden Prairie, Inc DBA: Super Gas USA. Speedway SuperAmerica, LLC DBA: SuperAmerica #4441 Speedway SuperAmerica, LLC DBA: SuperAmerica #4159 Speedway SuperAmerica, LLC DBA: SuperAmerica #4269 Walgreen Co. DBA: Walgreens #06280 Walgreen Co. DBA: Walgreens #05080 Wal-Mart Stores, Inc DBA: Wal-Mart Store #1855 Private Kennel Becky Beiersdorf - 3 dogs Evelyn Bone - 4 cats David Cameron - 3 dogs Ross & Gail Cohen - 3 dogs Talitha Davey - 5 dogs Barb & Jim Gabbert - 3 dogs Barb Heenan - 3 dogs Peggy Hagen - 4 dogs Michael Juntunen - 3 dogs David & Lisa Kempston - 3 dogs Deana Kinatnon - 3 dogs Nancy Parker - 5 dogs Cheryl Poling - 3 dogs Jay Simon - 4 dogs Michelle Stack - 3 cats & 1 dog C!RDCabWL\Tcmp\VI h - Clerk‘s LsLdac City Council Agenda Item Description Page 2 Deborah Winter - 3 cats Commercial Kennel Affiliated Emergency Veterinary Service PLC Anderson Lakes Animal Hospital Hound Dog Pet Hotel Kingdale Kennels, Inc C \RDCsbWL\Tunp\VI A. - Clerk's LisLdnc CITY COUNCIL AGENDA DEP ARTMENT/DIVISLON: Community Development/Planning Janet Jeremiah Regina Herron ITEM DESCRIPTION: Hennepin Village Site C Rezoning Requested Action DATE: December 2 1,2004 ITEM NO.: VI. B. Move to: 0 0 0 0 Approve 2"d Reading of the Ordinance for PUD District Review and rezoning from RM-6.5 to R1-9.5; and Adopt the Resolution for Site Plan Review on 11.99 acres; and Approve the Development Agreement for Hennepin Village Site C Rezoning; and Approve and Authorize Issuance of a Grading Permit for Hennepin Village Site C Rezoning, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated December 7,2004, as approved by the City Council. Synopsis This is for an amendment to the approved Hennepin Village planned unit development to rezone 1 1.99 acres from multiple family to single family for 40 single family homes. Attachments I. Ordinance for PUD District Review 2. Resolution for Site Plan Review 3. Supplement to the Developer Agreement CITY OF EDEN PRAIFUE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3 1-2004-PUD-17-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5 Zoning District and be placed in the Planned Unit Development Rl-9.5 Zoning District 3 1-2004-PUD-17-2004 (hereinafter “PUD-17-2004-Rl-9.5”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 21,2004, entered into between Hennepin Village LP, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-17-2004-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-2004-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2004-Rl-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-17-2004-Rl-9.5 are justified by the design of the development described therein. D. PUD- 17-2004-RL9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the RM-6.5 Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-17-2004-R1-9.5 and the legal descriptions of land in each district referred to in City Code Section 1 1.03, subdivision 1, subparagraph By shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 1 1.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of December, 2004, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of December, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Concept-Hennepin Village Site C Rezoning Legal Description: Blocks 5,6,7 and 8, and Outlots D and E of Eagle Ridge at Hennepin Village One. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 31-2004-PUD-17-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located north of Highway 212, east of Spring Road, from the RM-6.5 Zoning District to the R1-9.5 Zoning District on 1 1.99 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) HENNEPIN VILLAGE SITE C REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004-- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN VILLAGE SITE C REZONING BY HENNEPIN VILLAGE LP WHEREAS, Hennepin Village LP, has applied for Site Plan approval of Hennepin Village Site C Rezoning for an amendment to the approved Hennepin Village planned unit development to rezone 1 1.99 acres from multiple family to single family for 40 single family homes, by an Ordinance approved by the City Council on December 21,2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its November 22,2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 7,2004 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hennepin Village based on the Development Agreement between Hennepin Village LP and the City of Eden Prairie, reviewed and approved by the City Council on December 21,2004. ADOPTED by the City Council ofthe City of Eden Prairie this 21st day of December, 2004. Nancy Tyra-Lultens, Mayor ATTEST: Kathleen A. Porta, City Clerk SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT SITES C AND D HENNEPIN VILLAGE THIS SECOND SUPPLEMENT TO AGREEMENT made and entered into as of December 21 , 2004, by HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership, hereinafter referred to as “Developer,” and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”; WHEREAS, Developer has applied for Planned Unit Development Concept Amendment on 1 1.99 acres, Planned Unit Development District Review on 1 1.99 acres, Zoning District Change from RM-6.5 to R1-9.5 on 11.99 acres, and Site Plan Review on 11.99, and Preliminary Plat of 11.99 acres into 40 lots, legally described as, Exhibit A, the “Amended Property”); WHEREAS, as of May 20, 2003 the parties entered into that certain Development Agreement Hennepin Village Sites C and D, Office and Neighborhood Commercial between HENNEPIN’VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership, and the City of Eden Prairie pertaining to the development of certain real property (the “Property”) described therein (hereinafter the “Development Agreement”). WHEREAS, as of May 23,2004 the parties entered into that certain SUPPLEMENT TO DEVELOPMENT AGREEMENT SITE C AND D HENNEPIN VILLAGE for that portion of the Property legally described on Exhibit A, and attached hereto and made a part hereof, and depicted as the Amended Area” in the Plans, identified in Exhibit By hereinafter “the Supplement.”. WHEREAS, the parties desire to amend the Supplement in its entirety as set forth in this Second Supplement to Development Agreement Site C and D Hennepin Village (Hereinafter referred to as “Second Supplement”.) NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance for Planned Unit Development District Review and Zoning District Change from RM-6.5 to R1-9.5, Resolution No. for Site Plan Review, and Resolution for Preliminary Plat, Developer agrees to develop the Amended Property as amended as follows: 1. 2. e e e e e e .e e 3. “Developer shall develop the Amended Area in conformance with the materials revised and stamp dated December 7,2004, reviewed and approved by the City Council on December 7,2004, and attached hereto as the Plans and identified in Exhibit B. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM- 6.5 through the Planned Unit Development District Review for Site C and D and incorporates said waivers as part of PUD R1-9.5 Zoning District Lot size fiom 9,500 SF to 3,240 SF. Density from 3.5 units per acre to 6.89 units per acre. Site area per unit from 9,500 SF to 7,200 SF. Lot width from 70 feet to 36 feet. Lot depth from 100 feet to 95 feet. Front yard setback from 30 feet to 10 feet. Rear yard setback from 20 feet to 10 feet. Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. Developer agrees to and reaffirms all ofthe terms and conditions and accepts the obligations of ‘‘Developertt under the Development Agreement except as inconsistent with or amended by this Second Supplement. Except as amended by this Second Supplement, the Development Agreement remains in full force and effect. Hennepin Village Limited Partnership a Minnesota limited partnership CITY OF EDEN PRALRIE By: The Pemtom Land Company, Its: General Partner By : a Minnesota corporation Nancy Tyra-Lulcens, Mayor Its: Scott FI. Neal, City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this ___ day of , 2004, by Nancy Tyra-Lulcens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this - day of ,2004, by Hennepin Village Limited Partnership, a Minnesota limited partnership by the Pemtom Land Company, a Minnesota corporation, the General Partner, of Hennepin Village Limited Partnership on behalf of the corporation. , its by Notary Public EXHIBIT A LEGAL DESCRIPTION SITE C and D HENNEPIN VILLAGE SECOND SUPPLEMENT Blocks 5, 6, 7, and 8, and Outlots D, and E of Eagle Ridge at Hennepin Village One. EXHIBIT B PLANS SITE C and D HENNEPIN VILLAGE SECOND SUPPLEMENT Hennepin Village Plans Full Sized Plans: Cover sheet revised site plan dated October 15,2004, by Westwood Professional Services, Inc. Proposed Land Use Plan Revised Village Homes dated October 15,2004, by Westwood Professional Services, Inc. Revised Site Plan dated October 15,2004 by Westwood Professional Services, Inc. Revised Preliminary Grading Plan dated October 15,2004, by Westwood Professional Services, Inc. 0 0 Revised Preliminary Utility Plan dated October 15,2004, by Westwood Professional Services, Inc. Revised Landscape Plan dated October 15,2004, by Westwood Professional Services, Inc. Reduced Plans: 0 0 0 0 Typical Village Home Collection Layout - Site C and D color renderings, no date, by Westwood Professional Services, Inc. Historical Architectural References color renderings, no date, by Westwood Professional Services, Inc. Village Home Collection color renderings, no date, by Westwood Professional Services, Inc. Village Home Collection color renderings, no date, by Westwood Professional Services, Inc. CITY COUNCIL AGENDA I DATE: DEPARTMENTDIVISION: Community Development/Planning Janet Jeremiah Michael Franzen SECTION: Consent Agenda ITEM DESCRIPTION: ITEM NO.: VI. C. Dairy Queen Grill and Chill December 21,2004 Requested Action Move to: 0 Approve 2"d Reading of the Ordinance for PUD District Review and Zoning Amendment within the Community Commercial Zoning District; and Adopt the Site Plan Review on .84 acres; and Approve the Development Agreement for Dairy Queen Grill and Chill; and Approve and Authorize Issuance of a Grading Permit for Dairy Queen Grill and Chill, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 23, 2004, as approved by the City Council. Synopsis This is for a 5,500 square foot restaurant. Background The conifer trees in the landscape plan adjacent to the Hwy 212 have been replaced with a berm high enough to screen parking according to code. Attachments 1. Ordinance for PUD District Review 2. Resolution for Site Plan Review 3. Developer Agreement DAIRY QUEEN GRILL AND CHILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-2004-PUD-18-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section i . That the land which is the subject of this Ordinance (hereinafter, the ”land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial Zoning District 32-2004-PUD-18-2004 (hereinafter “PUD- 18-2004- C-Corn). Section 3. The City Council hereby makes the following findings: A. Guide Plan of the City. PUD-18-2004-C-Coin is not in conflict with the goals of the Comprehensive B. unified environment within its own boundaries. PUD-I 8-2004-C-Com is designed in such a manner to form a desirable and C. Code that are contained in PUD-18-2004-C-Com are justified by the design of the development described therein. The exceptions to the standard requirements of Chapters 11 and 12 of the City D. PUD-18-2004-C-Com is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 2 1 , 2004, entered into between DRF G&C LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-18-2004-C-Com, and are hereby made a part hereof. c Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development 1 8-2004-C-ComY and the legal descriptions of land in each district referred to in City Code Section 1 1.03, subdivision I, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 23rd day of November, 2004, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of December, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lulcens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description - Lot 2, Block 1, BP Addition DAIRY QUEEN GRILL AND CHILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 32-2004-PUD-18-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AiMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summarv: This ordinance allows amendment of the zoning of land located at 8868 Aztec Drive within the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor .- PUBLISHED in the Eden Prairie Sun Current on the (A full copy of the text of this Ordinance is available from City Clerk.) DAIRY QUEEN GRILL AND CHILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004-- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR DAIRY QUEEN GRILL AND CHILL BY FRAUENSHUH COMPANIES WHEREAS, Frauenshuh Companies, has applied for Site Plan approval of Dairy Queen Grill and Chill to construct a 5,500 square foot restaurant, by an Ordinance approved by the City Council on December 21,2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its October 25,2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 23,2004 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Dairy Queen Grill and Chill based on the Development Agreement between DRF G&C LLC, a Minnesota limited liability company and the City of Eden Prairie, reviewed and approved by the City Council on December 2 1 , 2004. ADOPTED by the City Council of the City of Eden Prairie this 2 1st day of December, 2004. Nancy Tyra-Lulcens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT DQ GRILL AND CHILL THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of December 21, 2004, by DRF G&C LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for, Planned Unit Development Concept Review on .84 acres, Planned Unit Development District Review on .84 acres, Zoning District Amendment in the Community Commercial Zoning District on .84 acres, and Site Plan Review on .84 acres, , legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. for to on acres, Resolution No. for Site Plan Review, and for Preliininary Plat, Developer agrees to construct, develop and for Planned Unit Development Concept Review, Ordinance No. Planned Unit Development District Review and Zoning District Change from Resolution No. maintain the Property as follows: 1, PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November 23, 2004, reviewed and approved by the City Council on A (hereinafter the “Plans”) and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to hlfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fiilfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4.. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan. The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation ofthe approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Westbrook Development and Construction Inc, a Minnesota Corporation 11 SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval ofan application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 1 1.70, Subdivision 5a. 12. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE BY John B. Donnelly Its Managing Member BY Its Mayor Nancy Tyra-Lultens BY- Scott H. Neal Its City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this- day of ,2004, by Nancy Tyra-Lultens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. , 2004, by , the Managing Member, of DW G&C LLC, a limited liability The foregoing instrument was acknowledged before me this - day of company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, Tv€N 55344 EXHIBIT A DEVELOPMENT AGREEMENT -DQ GRILL AND CHILL Lot 2, Block 1, BP Addition EXHIBIT B - DQ GRILL AND CHILL Title Page dated 07/15/04 by Welman Sperides Architects LLC Topographic Survey dated 07/16/04 by BKBM Engineers Grading, Drainage and Erosion Control Plan dated 07/16/04 by BKBM Engineers Utility Plan dated 07/16/04 by BKBM Engineers Details dated 07/16/04 by BKBM Engineers Details dated 07/16/04 by BKBM Engineers Watershed Plan dated 07/16/04 by BKBM Engineers Landscape Plan dated 07/15/04 by Welman Sperides Architects LLC Site Plan dated 07/15/04 by Welman Sperides Architects LLC Site Details dated 07/15/04 by Welman Sperides Architects LLC Equipment Plan dated 07/15/04 by Welman Sperides Architects LLC Exterior Elevations dated 07/15/04 by Welman Sperides Architects LLC Exterior Elevations and Opening Schedule dated 07/15/04 by Welman Sperides Architects LLC Signage Matrix dated 07/15/04 by Welman Sperides Architects LLC EXHIBIT C DEVELOPMENT AGREEMENT - DQ GRILL AND CHILL I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1 It =loo' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location ofwalks, trails, and any property deeded to the City. 11. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. 111. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Westbrook Development and Construction Inc, a Minnesota Corporation With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property''), Developer represents and warrants as follows now and at the time of dedication or conveyance: A, That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. 5 9601, et. seq., or Minn. Stat., Sec. I 15B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnifjr, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, ofthe City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City’s Cable Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 5541 1. XII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. XIV. xv. XVI. XVII. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. Prior to building permit issuance, provide two copies of an approved survey or site plan (1 ” = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action orjudgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ‘/2 by G inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof fiom the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or ifthe Security is allowed to lapse prior to the end ofthe required term. Ifthe obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys?fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - DQ GRILL AND CHILL EROSION CONTROL POLICY - AUGUST 1,1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surFaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation oferosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a hnctional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are traclced or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision ofthis policy within the time stipulated in a written notification, the City may talce the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations ofthis Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.08 1 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1 , 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME; Lot; Block: OWNER INFORMATION OWNER (PRINT): CITY STATE ZIP OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN AND THE CITY OF EDEN PRAIRIE DRF G&C LLC, a Minnesota limited liability company THIS AGREEMENT, 'made and entered into as of December 2 1 , 2004, by and between Westbrook Development and Construction Inc, a Minnesota Corporation , a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Amendment in the Community Commercial Zoning District, and Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of , 2004, by and between , a Minnesota , and City ("Development Agreement"), Owner agrees with City as follows: 1. If DRF G&C LLC, a Minnesota limited liability company, fails to commence development in accordance with the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of, Resolution No. for Planned Unit Development Concept Review, Ordinance No. Development District Review and Zoning District Amendment, and Resolution No. of the Property before the Development Agreement and all approvals listed above were approved. for Planned Unit for Site Plan Review, identified above, thus restoring the status 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE BY BY Its Nancy Tyra-Lukens Its Mayor BY BY Its Scott H. Neal, Its City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of , 2004, by Nancy Tyra-Lultens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of Westbrook Development and Construction Inc, a Minnesota corporation, on behalf of the corporation. , 2004, by , the of Notary Public EXHIBIT A OWNERS SUPPLEMENT Lot 2, Block 1, BP Addition CITY COUNCIL AGENDA SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: Community Development/Planning Reading Janet Jeremiah Michael Franzen Sign Code Ordinance Change - 2nd Requested Action DATE: December 21,2004 ITEM NO.: VI. D, REVISED Move to: 0 Approve the 2nd Reading of the Ordinance Amending City Code relating to signs. The amendment, if adopted, would repeal City Code Section 11.70, Subd. 4. A. 9., B. lo., C. 5.D. 7., relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.11 regarding performance standards; amend City Code Section 1 1.70, Subd. 5 E. relating to Violations and Fine; and adopt by reference Chapter 1 and Section 1 1.99 of the City Code. Synopsis The first reading of the ordinance was approved by the City Council on December 7,2004. There are four revisions to the code: 1. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager's designee. These items are being repealed since the City does not use or need discretion and the amendment conforms the City Code to established City practice. 2. Amending the list of subsections applicable to Non-Commercial Speech; 3. Amending two areas of Section 11.70 Subd. 5 E. to make two minor grammatical changes; The Community Planning Board voted 7-0 to recommend approval of the code change at the November 22,2004 meeting. Attachments 1. Proposed ordinance CITY COUNCIL AGENDA SECTION: Consent Community Development/Planning Janet Jeremiah DATE: December 21,2004 Sign Code Ordinance Change - 2"d Reading I DEPARTMENT/DIVISION: I ITEM DESCRIPTION: I ITEM NO.: VI. D. I I Michael Franzen Requested Action Move to: 0 Approve the 2"d Reading of the Ordinance Amending City Code relating to signs. The amendment, if adopted, would repeal City Code Section 11.70, Subd. 4. A. 9., B. lo., C. 5.D. 7., relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.11 regarding performance standards, and add penalty provisions Section 1 1.99. Synopsis The first reading of the ordinance was approved by the City Council on December 7,2004. There are two revisions to the code: I. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager's designee. These items are being repealed since the City does not use or need discretion and the amendment conforms the City Code to established City practice. 2. Adding language for a person violating the sign code, if convicted, shall be punished as a misdemeanor. The Community Planning Board voted 7-0 to recommend approval of the code change at the November 22,2004 meeting. Attachments 1. Proposed ordinance CITY OF EDEN PRAIRIF, HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY REPEALING SECTION 11.70 SUBD. 4. A. 9., B. lo., C. 5. AND D. 7., AND AMENDING SECTION 11.70, SUBD. 3.11. RELATING TO CERTAIN REVIEWS AND APPROVALS BY THE CITY MANAGER OR DESIGNEE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.70, Subd. 4. A. 9., B. lo., C. 5. and D. 7. are repealed in their entirety. Section 2. City Code Section 1 1.70, Subd. 3. TI. is amended to read as follows: 11. Notwithstanding anything to the contrary in this Section, signs containing Non-Commercial Speech are permitted in all Districts and are subject to only the following Subsections of 11.70, Subd. 3: B, D,-E. F, G, H, L, My 0, Q, V, W, X, Z, AA. Non-commercial signs are also subject to individual District setback provisions and total signage regulations as applicable to each particular sign type (Le. Free-standing, Temporary, Wall). Section 3. City Code Section 1 1.70 Subd. 5. E. is amended by deleting the “period” after the word “notice at the end of the first full paragraph and inserting a “colon” in its place. Section 4. City Code Section 11.70 Subd. 5.E.1. is amended by deleting at the end of this subpart the “/oryy. Section 5. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation@ and Section 11.99 entitled Aviolation a Misdemeanor@ are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of December, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of December, 2004. Kathleen Porta, City Clerk Nancy Tyra-Lultens, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2004. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTLIIVISION: ITEM DESCRIPTION: Jim Richardson Public WorksEngineering Street Name Change - Second Reading Requested Action Move to: Approve the Second Reading of Ordinance changing the name of Spring Road south of Pioneer Trail, approximately 2000 feet, to Mitchell Road. DATE: December 2 I , 2004 ITEM NO.: VI. E. Synopsis First Reading of this Ordinance was approved on December 7, 2004. Background Information Presently, Spring Road lies across Pioneer Trail in alignment with Mitchell Road. Staff proposes to change this section of Spring Road to Mitchell Road. Spring Road has been realigned with the Hennepin Village Plats, and travels south and westerly of Grace Church to the intersection with Eden Prairie Road. No residents or businesses would be affected by this change. Attachment 0 Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BE IT ORDAINED by the Eden Prairie City Council that the northerly portion of Spring Road, from its intersection with Pioneer Trail to approximately 2000 feet south of Pioneer Trail shall be named: MITCHELL ROAD FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on December 7,2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on December 2 1 , 2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk Published in the Sun Current News on CITY COUNCIL AGENDA SECTION: Consent DEPARTMENTDIVISION: Community Development Janet Jeremiah ITEM DESCRIPTION: Approve a Professional Services Agreement with SFS Consulting, Inc. for Citywide Transportation Forecasts and the Major Center Area Land Use, Transportation and Wayfinding Study DATE: December 2 1 , 2004 ITEM NO.: VI. F. Requested Action Move to: Authorize the Mayor and City Manager to execute an agreement for professional services with SRF Consulting, Inc. for Citywide Transportation Forecasts and the Major Center Area (MCA) Land Use, Transportation and Wayfinding Study for a total cost not to exceed $204,745. Synopsis SRF Consulting has worked with staff and the Major Center Area (MCA) Task Force to finalize a scope of work and fees for Citywide transportation forecasts and the MCA Land Use, Transportation and Wayfinding Study. The study will help create a near-term and long-term vision for desirable future land uses as well as roadway, transit, pedestrian/bicycle, directional signage and aesthetic improvements to the area. Background Informqt’ ion The Major Center Area (MCA) is approximately 1200 acres within and surrounding the Prairie Center Drive and Valley View “ring roads”. On October 19,2004, the City Council appointed the Major Center Area (MCA) Task Force to assist with a land use, transportation and wayfinding study of the area. The Council also directed staff to work with SRF Consulting, Inc on a scope of work and agreement to assist with the study. Based upon information from the City’s Request for Qualifications (RFQ) and follow-up discussions on the wayfinding portion, SRF originally estimated the Major Center Area study to cost up to $173,500. The City and SW agreed to refiain from finalizing the scope until after the first Task Force meeting, which was held on November 22,2004. Staff and SRF also agreed to consider including a local wayfinding firm (Visual Communications) in the team rather than an out-of-state firm to manage costs while maintaining a high level of quality. Since the first Task Force meeting, staff and SRF have negotiated a scope of services which includes sub-consultant services fiom Ingraham & Associates (as originally proposed) and Visual Communications. The proposed scope increases the public participation compared to SRF’s original estimate. The number of Task Force meetings has increased from four to five to account for the number of properties identified for potential fiture change and the Task Force’s expressed interest in being involved with esploring wayfinding solutions. The proposed scope also includes ten, one-on-one interviews between the consultant and key stakeholders in the area. Staff believes these interviews will be critical to the consultant’s understanding of some of the private property issues that will affect future plans for the area, The proposed scope also includes a developer’s roundtable, which will be led by a well-respected comniercial real estate consultant. Staff believes the roundtable is also critical, because it will help ensure that the plans are feasible. In addition, two joint meetings with the Planning Commission and City Council are included to ensure that the study remains on track, and there is general consensus and direction from a broad policy perspective. It is expected that the first joint meeting will be held after the Task Force completes some conceptual visioning for the future of the area. Based upon the proposed increased level of effort related primarily to the public participation, SRF’s proposed MCA project cost has increased fiom up to $173,500 to $189,865. This is in addition to City-wide transportation forecasts. The forecasts are necessary to move forward with this study as well as provide a basis for future traffic studies and Comprehensive Plan updates . The City-wide transportation forecasts are estimated at $14,880 for a total cost of up to $204,745 for the total scope of services. Subsequent to the MCA Task Force appointments, a question was raised regarding business members of the Task Force who are not residents of the City. Those members are being treated as ex-officio members of the Task Force. The Task Force is not expected to engage in any formal voting. Rather, their recommendations will be forwarded to the Planning Cominission and City Council for formal consideration. Attachments 9 Professional Services Agreement .b Scope of Services 9 Fees > Subcontractor Fees > Total Fees AGREEMENT THIS AGREEMENT is made and executed the day of Y 20-, by and between the City of Eden Prairie , hereinafter referred to as the “Owner”, and SRF Consulting Group, Inc., hereinafter referred to as the Tonsultant”, WITNESSETH; Owner and Consultant, for the consideration hereinafter stated, agree as follows: 1. Consultant’s Duties: The Consultant shall provide the services specified in the Consultant’s Scope of Services Proposal (hereinafter the Proposal) dated December 15,2004 and shall do everything required by this Agreement and the Proposal. Consultant shall hlly and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $204,745.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made upon submission of invoices to the City by the Consultant in accordance with the Proposal. 4. Contract Documents: The Contract Documents consists of the Proposal dated December 15, 2004 (including the attachments, Attachment A: Scope of Services, the Consultant and Sub-Consultant Work Tasks and Fees dated December 15, 2004, Attachments A and By and the Total Fees, Attachment C) and this Agreement. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract. In the event of any conflict between the documents comprising the Contract Documents the Agreement and then the Proposal, shall govern in that order. 5. Completion: The Consultant shall complete all services within two hundred forty (240) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be 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. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Q 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 9. 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 Owner and either Legislative Auditor or the State Auditor for a period of six years affer the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 5 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. I I. 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. 9 176.18 1, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worlter’s compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 9 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Contractor’s Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (IO) days of the Contractor’s receipt of payment fi-om the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 %%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $ IO0;OO or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 14. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 15. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in writing signed by both parties. 16. GoverninP Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota, Hennepin County District Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE BY BY Nancy Tyra-Lukens, Its Mayor Scott Neal, Its City Manager SRF CONSULTING GROUP, INC ep\general\Consulting Contact ATTACHMENT A SCOPE OF SERVICES MAJOR CENTER AREA STUDY EDEN PRAIRIE, MINNESOTA DECEMBER 15,2004 Task 1 - Transportation Forecasts 1.1 Task Product: Update the Citywide Transportation Forecasts for year 2030 A Technical Memorandum summarizing results and process to update model. City Responsibility: The City will provide an updated database that will include existing and year 2030 no build square footage/number of units for each TAZ. Task 2 - Proiect Kick Off This task will assemble baseline information from which the Major Center Area (MCA) Study will focused upon. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Obtain a current aerial photograph and parcel mapping from which to develop a study area base map. Collect current land use, comprehensive planning, zoning and other related land use studies. Collect pertinent traffic, transportation and transit information. Photograph the study area including areas of land use, urban design, circulation and transportation areas of concern. Collect other related studies including property evaluation, building condition, market analysis studies or other related development or parcel information. With staff and Task Force input, affirm the study area boundaries. Review background traffic data available for the study area (previous traffic studies, future roadway improvements etc.). Idenbfy any outstanding information that is unavailable and may affect shidy outcome. Task Product: Inventory of baseline information within verified study area boundary. Attachnzerzt A - Scope of Senices Page 1 City Responsibility: . Digital Air Photo . Parcel Mapping . . . . Current transit routes . Current intersection geometrics and traffic controls Digital land use, zoning maps Previous study area land use or transportation studies Building condition and parcel value List of mfrasbucture and roadway improvements SW LRT Corridor route alternatives Vehicle travel time runs for corridors identified by City Review and comment on task product Task 3 - Studv Area Analvsis An analysis of the identified study area will be completed to idenhfy project issues and opportunities, fixes and variables. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Current land use patterns, zoning and land use designations will be mapped to idenhfy inconsistencies. Map issues and opportunities related to land use, transportation and circulation, and urban design characteristics. Idenbfy land parcels considered as “givens” versus parcels subject to change. Idenhfy natural areas that contribute to the study area’s aesthetic characteristics. Idenhfy issues to pertaining to pedesbian and bicycle circulation. IdentLfy traffic accident or vehicle conflict areas based on historical data and public safety input. Identify issues relating to wayfinding. Identify proposed public sector improvements or proposed private sector projects. Develop a model for existing conditions using the a.m., noon and p.m. peak hour turning movement counts collected by City staff at the following intersections (49): . 1 . 1 Valley View Road and Prairie Center Drive Valley View Road and Plaza Drive/Topview Road Valley View Road and 1-494 Eastbound Off-Ramp Valley View Road and 1-494 Westbound On-Ramp Valley View Road and Market Place Drive Valley View Road and TH 212 West Ramp (Bryant Lake Drive) Attachment A - Scope of Senlices Pnge 2 m m m m m m m m m m m m Valley View Road and TH 212 East Ramp (Flying Cloud Drive) Prairie Center Drive and Valley View Road (East) Prairie Center Drive and Viking Drive Prairie Center Drive and 1-494 North Ramp Prairie Center Drive and 1-494 South Ramp Prairie Center Drive and 78th Street Prairie Center Drive and Prairie Lake Drive Prairie Center Drive and Preserve Boulevard TH 212 and Prairie Center Drive Prairie Center Drive and Regional Center Road/Columbine Road Prairie Center Drive and Singletree Lane Prairie Center Drive and Technology Drive (South) Prairie Center Drive and TH 312 South Ramps/Technology Drive (North) Prairie Center Drive and TH 312 Nor& Ramps/Plaza Drive Technology Drive and SW Station Anderson Lakes Parkway and Preserve Boulevard TH 212 and Anderson Lakes Parkway TH 212 and Fountain Place TH 212 and Regional Center Road TH 212 and Singletree Lane TH 212 and Leona Road/Eden Road TH 212 and Technology Drive/I-494 South Ramp TH 212 and 1-494 North Ramp Anderson Lakes Parkway and Columbine Road Prairie Center Drive and Franlo Road Prairie Center Drive and Rolling Hills Road Prairie Center Drive and Mall NE Entrance 78th Street and Den Road TH 212 and 78th Street TH 212 and Viking Drive Prairie Center Drive and Commonwealth Drive Singletree Drive and Eden Road Singletree Drive and Glen Lane Regional Center Drive and Eden Road Prairie Center Drive and Rainbow Entrance TH 212 and Medcom Boulevard Prairie Center Drive and Joiner Way Entrance Mall Internal Drive and Franlo Road Mall Internal Drive and Preserve Boulevard Mall Internal Drive and Northeast Corner Mall Internal Drive and Den Road Mall Internal Drive and Singletree Drive Attachment A - Scope of SenJices Page 3 . Mall Internal Drive and Regional Center Road This model will include current intersection geometrics, traffic controls and signal timing. 3.10 Using the updated database for the year 2030 (long-term) traffic, a TRAFFIX model will be built with forecasts (no build), develop a.m., noon and p.m. peak hour turning movement counts for the key intersections (49) listed in Task 2.9 for the existing roadway system. 3.11 Analyze existing and future 2030 no build conditions for the a.m., noon and p.m. peak hour for the key intersections (49) listed in Task 2.9. Existing conditions assume 110 intersection analyses. The 2030 no build conditions assume 49 intersection analyses. Task Product: Technical Memorandum with supporting graphics that indicate study area issues and opportunities, fixes and variables based upon land use, transportation and urban design elements. Client Responsibility: Historical accident data . . Provide input to vehicle or pedestrian safety areas AM, Noon and PM intersection locations identified in Task 2.9 . Review and comment on draft task technical memorandum Task 4 - Establish Project Vision Issues identified in Task 2 will serve as the focus for establishing long-term study area goals and objectives. A vision statement will be identified that responds to physical system issues, opportunities and constraints. More specifically, the task will balance land use, transportation infrastructure and urban design/livability issues striving for a suitable long-term vision for the study area. Long-term goals and objectives will be developed with supporting planning principles focused upon land use improvements and public infrastructure. Where possible, supporting images and graphics will depict physical attributes .to be pursued. 4.1 4.2 Idenhfy study area long-term goals and objectives. Describe long-term vision for study area focused'upon land use, transportation systems and urban design. 4.3 Diagram long-term vision Task Product: Technical Memorandum summarizing project goals and objectives, and a description of the MCA's long-term vision. Affuchnzenf A - Scope of Senices Puge 4 City Responsibility: . Review and comment on task technical memorandum Task 5 - Identify Alternative Solutions Project area goals and objectives, and the long-term vision identified in the previous task will serve as the basis to produce alternative solutions for implementation. 5.1 5.2 5.3 Identify near-term and long-term (2030) land use scenarios consistent with the area’s long-term vision statement. Land use scenarios will respond to opportunities where economic or physical obsolescence provides a favorable environment for increased land use density, redevelopment, development in€ill or additional mixed-use opportunities. Supporting descriptive material will indicate potential changes for land use type, FAR range, square footage or residential unit density ranges, and description of mixed-use development types. Idenhfy alternative concepts for infrastructure improvements that can compliment and assist land use improvements with the study area. These may include changes to vehicle circulation, regional access, street sys tem character, non-mo torized circulation patterns, or other public drastructure. Review and comment on proposed SW LRT rate alternatives and bus routes within the MCA. Identdy urban design initiatives to improve study area character. Building character and massing, stree tscape character, gateway improvements, wayfinding for aesthetic improvements will be addressed. With respect to wayfinding: . Provide preliminary Sign Hierarchy Index Provide two complete design options for each sign type which would coincide with logo image and architectural and landscaping styles Provide preliminary budget estimates Task Product: Near-term and long-term land use scenarios . Concepts for infrastructure improvements 9 Urban design concepts . Intersection long-term traffic forecasts City Responsibility: 9 Review and comment on task products . Serve as the primary interface with Hennepin County’s SW LRT Study and with SW Metro Bus. Affachnzenf A - Scope of Semices Pnge 5 Task 6 - Evaluate Solutions This task will focus upon soliciting broad based input from stakeholders interested in the MCA study area. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 Evaluate land use and urban design improvements based upon goals and objectives established in Task 2. Conduct an operations analysis (scoping) for three land use scenarios. This assumes at total of 45 intersection analyses. Review and develop conceptual improvements to address the following transportation issues: . . Improve operation of Mall Ring Road Improve regional access to the Major Center Area Provide trail/sidewalk connections to and within the Major Center Area Improve the overall safety and operations of the Major Center Area for pedestrians, bicyclists, transit and passenger vehicles Working with City staff and the Task Force, identi€y and fully develop seven (7) transportation improvement alternatives to be tested under year 2030 (long-term) conditions. These "test" scenarios may include, but are not limited to the following: . 9 . Realignment of Singletree Lane and 78th Street Consolidation of TH 212 intersections Modification of the ring road system (internal mall) to one-way operations Construction of crossings over TH 212 LRT alignment and station locations Construction of the 1-494 West Ramps at Prairie Center Drive Develop year 2030 (long-term) peak hour turning movement counts for each "test" scenario (7) for up to 165 key intersections (total). Conduct a 2030 (long-term) traffic operations analysis for up to seven transportation improvement alternatives. The operations analysis for all "test" scenario models will include a total of 165 intersections. It will include a combination of scoping and detailed analyses. The operations analysis for each "test" scenario will identdy the LOS results, in addition to other MOEs (measures of effectiveness), such as overall travel times and speeds. Conduct an operations analysis to address other concerns. This assumes 45 intersection analyses. AtLachrrzetzt A - Scope of Seniices Page 6 6.8 Present SimTraffic results that simulate traffic operation results. Task Product: Document alternate evaluation and decision-making. summarizing methodology and results. A teclmical memorandum City Responsibility: 1 Review and comment on task results Task 7 -Developed Preferred Scheme Input sought in Task 6 will be used to verlfy and develop specific initiatives and improvements for the MCA area. 7.1 7.2 7.3 7.4 7.5 Recommend land-use plan changes and related zoning for specific parcels in response to long-term opportunity or where alternative uses are deemed appropriate. Idenhfy public infrastructure changes related to vehicle circulation, pedestrian/ bicycle movement, stormwa ter or related elements. Identdy specific urban design initiatives or design guideline improvements with focus upon private sector parcel design guidelines, streetscape character, MCA gateway features, park spaces or urban amenities. Analyze a.m., noon and p.m. peak hour operations for the preferred long-term (year 2030) conditions. This assumes 110 intersection analyses. Determine what additional improvements, if any, are needed to accommodate the preferred long- term (year 2030) conditions with acceptable levels of service. Identify conceptual wayfinding improvements with specific focus upon: Provide schematic design hierarchy drawings Provide revised Hierarchy Index Provide preliminary Sign Location Plan Provide final Signage Standards Criteria, note criteria will not include specification for fabrication, however, descriptions of usage or intent will be included Regional access from 1-494, TH 312/5 and TH 212 Local circulation Pedestrian/ bicycle movement Transit stops and circulation Parking resources Affndtmenf A - Scope of Seniices Pnge 7 1 Private sector commercial business locations 1 Public amenities 7.6 Identify potential maintenance district formation with a focus upon common area or public space operations and maintenance. Task Product: Technical Memorandums, topic based, will be produced with a summary narrative and supporting graphics related to recommended land use changes, access plan, transportation and infrastructure improvements (prioritized), urban design measures, wayfinding, and maintenance district formation. Level of magnitude costs wdl be identified. City Responsibility: Review and comment on task products. Task 8 - Implementation Stratem A focused implementation strategy will be identified, with a phased or incremental approach for implementation improvements identified in Task 6. Timing, responsibility, action and funding implications will be noted. Task Product: Implementation strategy that clearly depicts public and private sector responsibilities for near and long-term land use, transportation and urban design initiatives. A summary matrix will indicate lead public or private sector group to be involved, the initiative to be undertaken, timing and level of maptude cost implications. City Responsibility: Review and comment on task product. Assist in understanding roles and responsibilities between the city, other agencies and the private sector. Task 9 - Confirmation and Final Report Technical memorandums produced by the individual tasks will be formulated into a study report summarizing project recommendations, the decision-making process, and the recommended outcome. The document will include an executive summary, suitable as a free-standing document. Draft material will become the focus of discussion at stakeholder, community, and policymaker meetings. Input solicited from stakeholders will serve as the basis for modifications to draft material and finalization of the study outcome. 9.1 Make revisions as appropriate based on City staff and Task Force review and prepare final report. Attizchnient A - Scope of Semices Page 8 Task Product: Copy-ready document (hard copy) and electronic formation of final report and related graphics. One (1) draft copy will produced followed by one (1) set of revisions incorporated into the final document. Aftnchrnent A - Scope of Seniices Page 9 Task 10 - Stakeholder Involvement Primary stakeholder involvement will be sought during the planning process from a wide array of interested parties including businesses, property owners, the general public, agencies, city staff and elected or appointed policymakers. Specific outreach initiatives will include: 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 Formation of a task force by the City to serve as the primary guidepost of the planning process. Five (5) meetings will be held during the study process to solicit input and obtain feedback. The consultant will conduct up to ten (10) key stakeholder interviews focused upon primary businesses, property owners, developers or other community leaders. A Technical Advisory Committee comprised of affected city staff, and other regional or state agencies will meet up to three (3) times during the planning process. Community Open Houses will occur at two (2) key points during the planning process. The first community open house will coincide with evaluation of alternative solutions and the second to solicit input on final recommendations. One (1) developer roundtable will be conducted with the assistance of City staff to inform and solicit input regarding alternative land use scenarios, potential infrastructure improvements and urban design measures. The round tables intent is to serve as a sounding board regarding the feasibility and implementation of potential improvements. At three (3) key points during the planning process, text and supportive graphics will be provided to City Staff for inclusion on the City Web site. Two (2) joint City Council/Planning Board meetings will be attended to summarize study progress and outcomes. Up to eight (8) monthly work sessions will occur with Consultant and City staff. Task Product: Stakeholder input City Responsibility: . . Task Force coordination, communications and summary minutes Planning Board, Park Commission and City Council liaison Formal liaison with agencies Formal liaison with residents and property owners . . Web site maintenance . Newspaper/ press liaison Identification of candidates to be interviewed Attadziizent A - Scope of Semices Page 10 = Provide facilities, refreshments and summary minutes for roundtable exercise. Attnchment A - Scope of Sewices Page 11 12/17/2004 ATTACHMENT A WORK TASKS AN0 PERSON-HOUR ESTIMATE PAGE 1 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY CONSULTANT: SRF CONSULTING GROUP, INC. fHf. E S T I MAT ED P E R S 0 N - H 0 U R S""' SR. FEE PRINCIPAL ASSOCIATE ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS TOTALS TASK NO. WORK TASK DESCRIPTION 1 .o 1.1 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 TRANSPORTATION FORECASTS Update the Citywide Transportation Forecasts for year 2030. SUBTOTAL - TASK 1 0 24 0 80 120 0 0 224 0 24 0 80 120 0 0 224 $14,880 PROJECT KICK OFF Obtain a current aerial photograph and parcel mapping to develop a study area base map. Collect current land use, comprehensive planning, zoning. Collect pertinent traffic, transportation and transit information. Photograph the study area. Collect other related studies. Affirm the study area boundaries. 0 0 0 8 0 10 2 2 0 2 4 0 4 14 0 0 8 0 0 8 0 16 2 2 10 2 6 8 6 46 Review background traffic data. Identify any outstanding information that is unavailable. SUBTOTAL - TASK 2 $3,786 STUDY AREA ANALYSIS Current land use patterns, zoning and land use designations will be mapped. Map issues and opportunities. 0 0 2 0 0 8 0 10 4 0 4 0 4 4 0 0 0 0 8 0 6 0 16 14 Identify land parcels considered as "givens" versus parcels subject to change. Identify natural areas. 1 0 4 0 2 0 12 0 4 0 4 8 0 16 8 4 0 8 0 0 0 8 0 8 0 9 20 18 36 20 Identify issues to pertaining to pedestrian and bicycle circulation. Identify traffic accident or vehicle conflict areas. Identify issues relating to wayfinding. Identify proposed public sector improvements or proposed private sector projects. SRF CONSULTING GROUP, INC. File: edenprmajctr.xls ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 12l1712OO4 ATTACHMENT A WORK TASKS AND PERSON-HOUR ESTIMATE CONSULTANT: SRF CONSULTING GROUP, INC. PAGE 2 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY ***** EST I MAT ED P E R S 0 N - H 0 U R S ***** SR. PROF. 0 0 0 0 0 0 8 8 0 0 24 24 TOTALS 92 42 106 383 12 36 44 92 40 56 64 160 SR. PRINCIPAL ASSOCIATE ASSOCIATE FEE TOTALS TASK NO. WORK TASK DESCRIPTION PROF. TECHNICAL CLERICAL 0 0 0 0 2 4 0 6 0 0 0 0 3.9 3.10 3.1 1 4.0 4.1 4.2 4.3 5.0 5.1 5.2 5.3 6.0 6.1 6.2 6.3 6.4 Develop a traffic model for existing conditions using the a.m.. noon and p.m. peak hour turning movement counts. Using the updated database for the year 2030 traffic forecasts (no build), develop a.m., noon and p.m. peak hour turning movement counts. 4 8 0 0 0 46 6 16 24 46 24 16 24 64 80 40 100 236 0 8 0 8 0 0 0 0 0 0 0 50 0 0 8 8 0 16 4 20 2 0 Analyze existing and future 2030 no build conditions for the am.. noon and p.m. peak hour conditions. SUBTOTAL - TASK 3 ESTABLISH PROJECT VISION 2 4 39 12 528,067 Identify study area long-term goals and objectives. Describe long-term vision for study area. 4 0 8 0 4 0 16 0 Diagram long-term vision SUBTOTAL - TASK 4 58,054 IDENTIFY ALTERNATIVE SOLUTIONS Identify near-term and long-term (2030) land use scenarios. Identify alternative concepts for infrastructure improvements. Identify urban design and wayfinding initiatives to improve study area character. 16 0 24 0 12 0 SUBTOTAL -TASK 5 52 0 515,724 EVALUATE SOLUTIONS Evaluate land use and urban design improvements. Conduct an operations analysis (scooping) for three land use scenarios. Review and develop conceptual improvements to address transportation issues. 0 0 16 2 0 0 8 0 0 0 24 0 0 4 28 0 0 26 0 0 8 Identify and fully develop seven (7) transportation improvement alternatives to be tested under year 2030. 0 0 0 0 0 0 0 8 SRF CONSULTING GROUP, INC File' edenprmajclr.xls ENGINEERS AND PLANNERS MINNEAPOLIS. MN. 12/17/2004 AlTACHMENTA WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 3 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY TASK NO. WORK TASK DESCRIPTION 6.5 6.6 6.7 6.8 7.0 7.1 7.2 7.3 7.4 7.5 7.6 8.0 8.1 3.0 9.1 Develop year 2030 (long-term) am., noon and p.m. peak hour turning movement counts for each "test" scenario (7) for up to 165 key intersections (total). Conduct a 2030 (long-term) traffic operations analysis for up to seven transportation improvement alternatives. Conduct an operations analysis to address other concerns. Present SirnTraffic results that simulate traffic operation results for those intersections identified in Task 5.5. SUBTOTAL - TASK 6 DEVELOPED PREFERRED SCHEME Recommend land-use plan changes and related zoning for specific parcels. Identify public infrastructure changes. Identify specific urban design initiatives or design guideline improvements. Analyze am., noon and p.m. peak hour operations for up to 110 key intersections. Identify conceptual wayfinding improvements. Identify potential maintenance district formation. SUBTOTAL - TASK 7 IMPLEMENTATION STRATEGY A focused implementation strategy will be identified, with a phased or incremental approach of implementation improvements. SUBTOTAL -TASK 8 CONFIRMATION AND FINAL REPORT Make revisions as appropriate based on City staff and Task Force review and prepare final report. SUBTOTAL - TASK 9 CONSULTANT: SRF CONSULTING GROUP, INC. *I*** E S T I MAT E D P E R S 0 N - H 0 U R S ***** SR. PRINCIPAL ASSOCIATE ASSOCIATE SR. PROF. 0 4 0 0 30 8 16 8 2 0 2 44 8 8 2 8 2 2 14 0 0 0 2 0 0 2 0 0 0 0 0 0 16 24 24 24 0 8 4 84 16 16 E 0 40 8 0 40 0 0 0 0 0 0 0 24 0 0 0 24 0 0 PROF. TECHNICAL CLERICAL 24 85 24 24 181 0 0 0 55 0 0 55 0 0 0 0 0 0 0 8 8 0 0 4 0 28 0 0 0 0 0 0 4 4 4 4 0 0 0 12 4 4 FEE -- TOTALS TOTALS 26 97 26 26 245 518,624 44 52 68 59 20 6 249 $20,898 28 28 24 16 80 24 16 88 $2,768 $6,656 SRF CONSULTING GROUP, INC. File. edenprmajclr.xls ENGINEERS AND PLANNERS MINNEAPOLIS. MN. 12/17/2004 ATTACHMENT A WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 4 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY TASK NO. WORK TASK DESCRIPTION 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 STAKEHOLDER INVOLVEMENT Attend five (5) Task Force meetings. The consultant will conduct up to ten (IO) key stakeholder interviews. A Technical Advisory Committee will meet up to three (3) times. Community Open Houses will occur at two (2) key points. One (1) developer roundtable will be conducted At three (3) key points during the planning process, text and supportive graphics will be provided. Two (2) joint City CouncillPlanning Board meetings will be attended. Up to eight (8) monthly work sessions will occur wifh Consultant and City staff. SUBTOTAL - TASK 10 TOTAL ESTIMATED PERSON HOURS AVERAGE HOURLY BILLING RATES ESTIMATED LABOR AND OVERHEAD ESTIMATED DIRECT NON-SALARY EXPENSES CONSULTANT: SRF CONSULTING GROUP, INC. ***** EST I MAT ED P E R S 0 N - H 0 U R S ***** SR. FEE PRINCIPAL ASSOCIATE ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS TOTALS 15 0 15 0 0 0 0 30 15 0 0 0 0 0 0 15 9 0 9 0 0 0 0 18 8 0 16 0 0 24 0 48 8 0 0 0 0 24 4 36 3 0 12 0 0 0 0 15 8 0 8 0 0 0 0 16 24 0 24 0 0 0 0 48 90 0 04 0 0 48 4 226 $23,138 295 52 410 136 616 186 46 1741 $147 $100 $87 $63 $62 $50 $50 $43,365 $5,200 $35,670 $8,568 $38,192 $9,300 $2,300 Printing and Mileage $142,595 $750 TOTAL ESTIMATED FEE $143,345 SRF CONSULTING GROUP, INC. File: edenprrnajclr.xls ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 12/17/2004 ATTACHMENT B WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 1 SUBCONSULTANTS CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY *****E S T I MAT ED P E R S 0 N - H 0 U R S ***** 614 CO. VISUAL COMMUNICATIONS INGRAHAM ASSOCIATES (HARRIS) FEE PRINCIPAL DESIGNER PRINCIPAL PROFESSIONAL PRINCIPAL TOTALS TOTALS TASK NO. WORK TASK DESCRIPTION 1 .o 1.1 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.0 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 TRANSPORTATION FORECASTS Update the Citywide Transportation Forecasts for year 2030. SUBTOTAL - TASK 1 0 0 0 0 0 0 0 0 0 0 0 0 so PROJECT KICK OFF Obtain a current aerial photograph and parcel mapping to develop a study area base map. Collect current land use, comprehensive planning, zoning. Collect pertinent traffic, transportation and transit information. Photograph the study area. Collect other related studies. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Affirm the study area boundaries Review background traffic data. Identify any outstanding information that is unavailable. SUBTOTAL -TASK 2 $500 STUDY AREA ANALYSIS 0 -0 Current land use patterns, zoning and land use designations will be mapped. Map issues and opportunities. 2 0 0 2 0 0 0 0 4 4 0 0 0 0 4 4 Identify land parcels considered as "givens" versus parcels subject to change. Identify natural areas. Identify issues to pertaining to pedestrian and bicycle circulation. Identify traffic accident or vehicle conflict areas. Identify issues relating to wayfinding. 0 4 0 40 0 0 0 0 0 0 16 20 SRF CONSULTING GROUP, INC. File: edenprmajclr.xls ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 1211 712004 ATTACHMENT B WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 2 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY SUBCONSULTANTS ""'ESTIMATED PER SO N-HO U R S""' 614 CO. VISUAL COMMUNICATIONS INGRAHAM ASSOCIATES (HARRIS) PRINCIPAL DESIGNER PRINCIPAL PROFESSIONAL PRINCIPAL 0 0 0 0 0 FEE TOTALS TOTALS 0 0 0 0 54 $5,040 JASK NO. WORK TASK DESCRIPTION 3.8 3.9 3.10 3.11 4.0 4.1 4.2 4.3 5.0 5.1 5.2 5.3 6.0 6.1 6.2 6.3 6.4 identify proposed public sector improvements or proposed private sector projects. Develop a traffic model for existing conditions using the a.m.. noon and pm. peak hour turning movement counts. Using the updated database for the year 2030 traffic forecasts (no build), develop am., noon and p.m. peak hour turning movement counts. 0 0 0 0 0 0 0 0 0 0 Analyze existing and future 2030 no build conditions for the a.m., noon and 0 0 p.m. peak hour conditions. SUBTOTAL -TASK 3 16 20 ESTABLISH PROJECT VISION Identify study area long-term goals and objectives. Describe long-term vision for study area. 0 0 16 0 8 12 4 24 E 12 4 24 $2,400 Diagram long-term vision SUBTOTAL - TASK 4 IDENTIFY ALTERNATIVE SOLUTIONS 0 0 24 40 0 20 40 0 52 Identify near-term and long-term (2030) land use scenarios. Identify alternative concepts for infrastructure improvements. identify urban and wayfinding design initiatives to improve study area character. a 24 60 0 0 92 $8,520 SUBTOTAL - TASK 5 EVALUATE SOLUTIONS Evaluate land use and urban design improvements. Conduct an operations analysis (scoping) for three land use scenarios. Review and develop conceptual improvements to address transportation issues. 16 0 0 0 0- 0 16 0 0 Identify and fully develop seven (7) transportation improvement alternatives to be tested under year 2030. 0 0 0 0 0 0 SRF CONSULTING GROUP. INC. File: edenprmajclr.xls MINNEAPOLIS, MN. ENGINEERS AN0 PLANNERS 12/17/2004 ATTACHMENT B WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 3 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY TASK NO. WORK TASK DESCRIPTION 6.5 6.6 6.7 6.8 7.0 7.1 7.2 7.3 7.4 7.5 7.6 8.0 8.1 9.0 9.1 Develop year 2030 (long-term) a.m., noon and p.m. peak hour turning movement counts for each "test" scenario (7) for up to 165 key intersections (total). Conduct a 2030 (long-term) traffic operations analysis for up to seven transportation improvement alternatives. Conduct an operations analysis to address other concerns. Present SimTraffic results that simulate !raqc operation results for those intersections identified in Task 5.5. SUBTOTAL - TASK 6 DEVELOPED PREFERRED SCHEME Recommend land-use plan changes and related zoning for specific parcels. Identify public infrastructure changes. Identify specific urban design initiatives or design guideline improvements. Analyze a.m., noon and p.m. peak hour operations for up to 110 key intersections. Identify conceptual wayfinding improvements. Identify potential maintenance district formation. SUBTOTAL -TASK 7 IMPLEMENTATION STRATEGY A focused implementation strategy will be identified, with a phased or incremental approach of implementation improvements. SUBTOTAL - TASK 8 CONFIRMATION AND FINAL REPORT Make revisions as appropriate based on City staff and Task Force review and prepare final report. SUBTOTAL - TASK 9 SUBCONSLJLTANTS EST I MAT E D P E R S 0 N - H 0 U R S ***** ..*.. VISUAL COMMUNICATIONS PRINCIPAL 0 0 0 0 0 0 0 0 0 24 0 24 4 4 0 0 DESIGNER 0 0 0 0 0 0 0 0 0 80 0 80 0 0 0 0 INGRAHAM ASSOCIATES PRINCIPAL PROFESSIONAL 0 0 0 0 16 40 0 20 0 8 0 68 16 16 24 24 0 0 0 0 0 0 0 16 0 0 0 16 0 D 0 0 614 CO. (HARRIS) PRINCIPAL 0 0 0 0 0 0 0 0 0 0 24 24 12 12 0 0 FEE TOTALS TOTALS 0 0 0 0 16 $1,600 40 0 36 0 112 24 212 $20,440 32 32 $4,180 24 24 $2,400 SRF CONSULTING GROUP, INC. File' edenprma]clr.xls ENGINEERS AND PLANNERS MINNEAPOLIS, MN 12/17/2004 ATTACHMENT E WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 4 SUBCONSULTANTS CLIENT CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY ***I* E S T I MAT ED P E R S 0 N - H 0 U R S ***** 614 CO. VISUAL COMMUNICATIONS INGRAHAM ASSOCIATES (HARRIS) FEE PRINCIPAL DESIGNER PRINCIPAL PROFESSIONAL PRINCIPAL TOTALS TOTALS TASKNO. 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 STAKEHOLDER INVOLVEMENT Attend up to five (5) Task Force meetings. The consultant will conduct up to ten (IO) key stakeholder interviews. A Technical Advisory Committee will meet up to three (3) times. Community Open Houses will occur at two (2) key points. One (1) developer roundtable will be conducted At three (3) key points during the planning process, text and supportive graphics will be provided. Two (2) joint City CounciUPlanning Board meeiings will be attended. Up to eight (8) monthly work sessions will occur with Consultant and City staff. SUBTOTAL - TASK 10 4 0 4 4 0 0 4 12 28 20 15 0 16 8 8 0 0 0 0 16 0 24 15 12 20 24 0 0 0 6 24 0 0 0 0 10 36 0 105 0 16 149 $26,320 80 124 $1 05 $70 $8,400 $8,680 334 $100 $33,400 16 $75 $1,200 54 $180 $9,720 608 TOTAL ESTIMATED PERSON HOURS AVERAGE HOURLY BILLING RATES ESTIMATED LABOR AND OVERHEAD ESTIMATED DIRECT NON-SALARY EXPENSES $61,400 $0 TOTAL ESTIMATED FEE VISUAL COMMUNICATIONS TOTAL ESTIMATED HOURS AND FEE INGRAHAM ASSOCIATES TOTAL ESTIMATED HOURS AND FEE 614 CO. (HARRIS) TOTAL ESTIMATED HOURS AND FEE 204 $17,080 350 $34,600 54 $9,720 SRF CONSULTING GROUP, INC. File: edenprmajclr.xls ENGINEERS AND PLANNERS MINNEAPOLIS. MN 12/17/2004 ATTACHMENT C WORKTASKS AND PERSON-HOUR ESTIMATE PAGE 1 CLIENT: CITY OF EDEN PRAIRIE PROJECT: MAJOR CENTER AREA STUDY TASK NO. WORKTASK DESCRIPTION 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 TRANSPORTATION FORECASTS PROJECT KICK OFF STUDY AREA ANALYSIS ESTABLISH PROJECT VISION IDENTIFY ALTERNATIVE SOLUTIONS EVALUATE SOLUTIONS DEVELOPED PREFERRED SCHEME IMPLEMENTATION STRATEGY CONFIRMATION AND FINAL REPORT STAKEHOLDER INVOLVEMENT ESTIMATED DIRECT NON-SALARY EXPENSES TOTAL TASK 1 - TRANSPORTATION FORECASTS TOTAL TASK 2-10 WITH EXPENSES TOTAL ESTIMATED SRF AND CONSULTANTS FEE SRF CONSULTING GROUP, INC. SUBCONSULTANTS ***** E S T I MA T E D PER S 0 N - H 0 U R S SRF CONSULTING SUECONSULTANTS HOURS 224 46 383 92 160 245 249 28 88 226 TOTAL $14,880 $3,786 $28.067 $8.054 $15,724 $18,624 $20,898 $2.768 $6,656 $23,138 $750 1741 $143,345 HOURS 0 5 54 24 92 16 212 32 24 149 $0 $500 $5,040 $2,400 $8,520 $1,600 S20,440 $4.180 $2,400 $16,320 608 $61,400 TOTALS 224 51 437 116 252 261 461 60 112 375 2349 FEE TOTALS $14,880 $4,286 $33,107 $10,454 $24,244 $20,224 $41,338 $6,948 $9,056 $39.458 $750 $14,880 $189,865 SRF CONSULTING GROUP, INC. File: edenprmajc1r.xls ENGINEERS AND PLANNERS MINNEAPOLIS, MN CITY COUNCIL AGENDA SECTION: Consent Agenda DEPARTMENTDIVISION: Rod Rue Public WorksEngineering ITEM DESCRIPTION: Support Legislation to Provide Improved Funding Options for City Street Improvements DATE: December 21 , 2004 ITEM NO.: VI. G. Requested Action Move to: Adopt resolution supporting legislation to provide funding options, particularly the authority to establish a street utility, for city street improvements. Synopsis This resolution provides city support for a street utility initiative developed in partnership with the League of Cities (LMC), the City Engineer’s Association of Minnesota (CEAM), and the Minnesota Public Works Association (MPWA). Background Information The resolution requests enabling legislation for street utility authority to Minnesota cities. A street utility will provide another fimding option for the 80% of our street network that is not funded by Municipal State Aid. The maintenance and reconstruction of these streets (80% of our network) is currently hnded through the Capital Improvement Fund, the General Fund, and special assessments. This legislation initiative is listed as one of LMC’s top legislative priorities for 2004. If you are interested in viewing more information regarding this legislative priority, the link to LMC’s website is http://www.lmnc.org/advocacy/streetutilityactiontooll~it.cfm. Attachments 0 Resolution Supporting Legislation CITY OF EDEN PRAZRIE HENNEPIN COUNTY, "N3SOTA RESOLUTION NO. 2004- A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE LMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles - or 14 percent - are owned and maintained by Minnesota's 853 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city - large or small - is spending enough on roadway capital improvements to maintain a 50-year liecycle; and WHEREAS, the Council of the City of Eden Prairie finds it is increasingly difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statues; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota 's Cities wherein (1) the street systems of the cities within the State are inventoried; (2) the existing hnding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance; and WHEREAS, the report identifies a variety of policy options, the City of Eden Prairie strongly supports the authority to establish a street or transportation utility. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that this Council concurs with the findings of the above referenced report; and BE IT FURTHER RESOLVED by the Eden Prairie City Council that this Council supports the adoption of legislation creating the authority for cities to establish a street or transportation utility. ADOPTED by the Eden Prairie City Council on December 21,2004. ATTEST: Nancy Tyra-Lultens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: S.S.A. 01-08 DATE: December 2 1,2004 ITEM NO.: VI. H. Requested Action Move to: Approve the Release of Land fkom Special Assessment Agreement for Lots I - 8, Block I, Edenvale Highland Addition Jim Richardson Public WorltsEngineering Synopsis Release of Land from Special Assessment Agreement for Edenvale Highlands In January, 2002, the City of Eden Prairie entered into a special assessment agreement with Kathryn Slavens regarding the levying of special assessments for sanitary sewer, watermain and other utility and street improvements. The improvements are completed. Background Information The street and utility improvements were completed by the developer as per the Developers Agreement. Attachments 0 Release of Land from Special Assessinent Agreement PARTIAL RELEASE OF LAND This Partial Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation (“City”), and is dated as ofDecember 21, 2004. FACTS I. A certain Agreement Regarding Special Assessments (“Agreement”) dated January 4, 2002, was executed by and between the City and Kathryn Slavens, which Agreement was filed as Document No. 3707121 with the Hennepin County Recorder on March 25,2003. 2. The portion of the improvements completed by the Agreement benefiting Lot I, Block I, Gray Fox Bluff, [now platted as Lots 1-8, Block 1, Edenvale Highlands Addition) have been privately constructed. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the property described above from the street, curb and gutter, and storm sewer obligations and conditions set forth in the Agreement Regarding Special Assessments dated January 4, 2002, filed as Document No. 3707121 with the Hennepin County Recorder on March 25, 2003. This Partial Release of Land sliall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. . IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: Nancy Tym-Lukens BY: Scott H. Neal Its Mayor Its City Manager STATE OF MINNESOTA ) NENNEPIN COUNTY ) ) ss The foregoing instrument was acknowledged before me this 21st day of December, 2004, by Nancy Tyra-Lukens and Scott 13. Neal, the Mayor and City Manager of the City of Eden Prairie. a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notaiy Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie. MN 55344 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5636 DATE: December 21,2004 Mary Krause Public WorltsEngineering ITEM NO.: VI. I. Award Contract for Lime Residuals Hauling and Disposal Requested Action Move to: Award contract for I.C. 04-5636, Lime Residuals Hauling and Disposal, to Don Rihn Transport, in the amount of $538,200. Synopsis Sealed bids were received on Thursday, December 10, 2004. Two bids were received for the hauling and disposal of the lime residuals. The project specifications were written with a contract period of one year (2005), of two (2) years (2005 and 2006), or of three (3) years (2005, 2006 and 2007) with the City having the option to choose the length of contract. Based on the bids submitted, staff recommends the Contract to include hauling and disposal of the lime residuals for the (3) year contract for the years 2005-2007 to Dun Rihn Transport. Background Information The bid results for the contract period 2005 - 2007 are as follows: Don Rihn Transport (DRT) $538,200 ($10.35/cubic yard) Moulter Grain Inc. $6 19,840 ($1 1.92/cubic yard) The project is financed through the Utility Enterprise Fund as a maintenance project. The unit price for this contract is the same unit price that we are currently paying for the hauling and disposal of the 2004 residuals project. Don Rihn Transport is the contractor that currently is hauling the lime residuals under a previous City contract. The Contract for hauling and disposal of lime residuals (a by-product of the lime softening process at the water treatment plant) is a multi-year contract. A fuel escalation clause has been incorporated into the project specifications to provide an equitable method of fairness to both the City and Contractor regarding the potential for fluctuation of fuel prices during this contract period. Attachments Bid Summary SUMMARY OF BIDS LIME RESIDUALS HAULING AND DISPOSAL ___ ~ Bidder 2005 2005 & 2006 2005,2006 & 2007 Don Rihn Transport $175,900.00 $3 5 1,900.00 $538,200.00 Moulter Grain, Inc. $1 73,060.00 $350,880.00 $61 9,840.00 I.C. 04-5636 CITY COUNCIL AGENDA SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5637 DATE: December 21,2004 ITEM NO.: VI. J. Requested Action Mary Krause Public WorksEngineering Move to: Award contracts for I.C. 05-5637, Maintenance Materials and Water Treatment Chemicals for 2005, as indicated in the attached recommendation of award. Award Contract for 2005 Maintenance Materials and Water Treatment Chemicals Synopsis Bids were received on December 9, 2004 for the 2005 supply of Street Maintenance Materials and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT 233 1 and Class 5 Aggregate: Three bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier’s plant to the shop indicates a savings to use asphalt supplied from Midwest Asphalt to supply the bituminous material, with Bituminous Roadways having the second lowest cost based on the analysis. Due to production capabilities, demand and availability at the plants, the award of the bituminous mix is to Midwest Asphalt and Bituminous Roadways. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration the time, equipment and labor to haul the material, was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows a savings to utilize Midwest Asphalt and Class 5 Virgin (100% crushed) aggregate utilizing Bryan Rock. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary, depending upon the 2005 weather; a wet summer will have lower water production; a dry simmer will have higher water production and therefore will use more chemicals to treat the water. Ouicldime: Two bids were received for quicklime, with the low bidder being Cutler Magner, at a unit bid price of $79.96/ton. This low bidder also submitted alternative bid prices supplying the same quicltlime material meeting the specifications but varying the testing frequency as well as applying a fuel surcharge to the unit price on a monthly basis. The fuel surcharge is calculated by applying a surcharge based on a published price of diesel he1 to a fixed freight rate per ton of quicklime. The City of Eden Prairie will realize a cost savings using this method as long as the price of diesel he1 remains below $2.749/gallon. Based on the facts that this same supplier has been the successhl low bidder for quicltlime the previous several years with the product meeting all testing requirements and that the City is utilizing a fuel adjustment on other projects (specifically the Lime Residuals Hauling and Disposal project), in the best interest of the City, staff recommends award of the quicklime with a base bid price of $70.35/ton with a fuel surcharge calculated on a monthly basis. Attachments Recommendation of Award Bid Summary c E I- : : Y 2 a % d J E: +-I c: $ s 0 W 64 64 ' December 9,2004 I Water Chemicals Bid ' BIDDERS I.C. 05-5635 B il Recycled Class 5 100%Crushed ' Continental Carbonic Cop. Exchange - 2005 Maintenance an Summary (100% Virgin Crushed) , I Barton Sand & Gravel ~ I 1 Bryan Rock l CAMAS, Inc./Shiely Div. I Commercial Asphalt Co. I ' Cutler-Magner Co. Ethanol Products ~~~~~ ~ ~ SA-AG, Inc. Vopak USA Fenic Sulfate Liquid Liquid Liquid Carb Sodium 1 ton loads phosphate Chlorine Dioxide Poly- ' 33.23/T I 31.95/T Sodium Silico- Flouride Type 41A Type 41B I 70/T I 6.50/T 7.93m -I- 1 79.96/T* DPC Industries Eaglebrook, Inc. Kemiron Companies Hawkins Chemical 733m 1,845fT I74/T I Ilellers Carbonic Midwest Asphalt Mississippi Lime 30.19/T 29.18/T -I-= 6.66/T Mueller & Sons Nalco 1 1860lT I 144o/T Shakopee Sand & Gravel MG Industries Airgas Bituminous Roadways 5.65lT Shannon Chemical 1390/T *An alternate bids submitted taking into ~CCOUI sampling and fuel surcha CITY COUNCIL AGENDA SECTION: Consent Calendar Randy Newton Approve Professional Services Public Works / Engineering DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 05-5638 Agreement with SRF for the final design and construction stage services of the TH 2 12 / Charlson Road Intersection Improvement Project. Requested Action DATE: December 21 , 2004 I ITEM NO.: VI. I<. Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the final design and construction stage services of the TH 2 12 / Charlson Road Intersection Improvement Project. Synopsis In coordination with the Hennepin Village developer, staff is committed to constructing the TH 212 / Charlsoii Road Intersection Improvement Project in the 2005 calendar year. The first step in the process is to proceed with the final design of the project. Background Information The TH 212 / Charlson Road Intersection Improvement project is the final phase of the required street and utility improvements for the Hennepin Village Development. The improvements include constructing the TH 212 / Charlson Road intersection with turn lanes, installing a traffic signal and constructing a second westbound through lane through the intersection. The Hennepin Village Developers Agreement requires the construction of this improvement concurrent with the development of any of the Hennepin Village office or commercial sites (Office Lots 1-6). The developer is now requesting that this obligation be converted to a special assessment agreement against the property with the City implementing the project. Although the design will proceed, the special assessment agreement will be created and presented to the City Council for approval within the next 90 days. Financial Implications The preliminary cost estimate for the TI-I 212 / Cliarlson Road Intersection Improvement Project is $2,600,000. This estimate includes approximately $2,0 15,000 for roadway construction, $200,000 for construction of a pedestrian underpass, $I 85,000 for design services and 200,000 for construction services. The City of Eden Prairie will be responsible for the cost of the pedestrian underpass. The developer, on an assessment basis will be responsible for all other associated costs. Attachments 0 Consultant Agreement 0 Proposal (SRF) 0 Work Plan CITY OF EDEN PWRIE Consultant Agreement GENERAL CONDITIONS SECTION 1: PROJECT INFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response (Project Information). I .2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to City, its subcontractors or consultants. I .3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by Consultant. 1.4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information fxnished by City, or other subcontractors or consultants engaged by City. SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for City for City's responsibilities under this section including signing certain forms on City's behalf such as Right-of-way forms. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course ofthe work some damage may occur. The correction of any damage is the responsibility of City or, at City's direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the above, Consultant agrees to be responsible for damage caused by Consultant's negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identieing all subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or representatives of Utility Companies. SECTION 3: SAMPLES 3.1 Consultant may retain at its facility selected soil, water, or material samples for a maximum of 30 days after completion of the work and submission of Consultant's report, which samples shall remain the property of City. Unless otheiwise directed by the Cily, Consultant may dispose of any samples after 30 days. 3.2 Disposal of contaminated or hazardous waste samples is the responsibility ofcity. After said 30 days, City will be responsible to select and arrange for lawful disposal procedures that include removal of samples from Consultant's custody and transporting them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, freight collect, or arrange for lawful disposal and bill City at cost plus 15%. SECTION 4: PEE PAYMENT I CLAIMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents as attached. 4.2 To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten (IO) days from the invoice date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 4.4 Payment is due upon receipt of invoice (or corrected invoice) and is past due sixty (60) days fiom invoice date. On past due accounts, City will pay a finance charge of 1.5% per month on the unpaid balance, or the maximum allowed by law, whichever is Cilv of Edzn Prairie General Conditions Consiilfanr Agreement December 2000 Page I of 4 less, until invoice is fully paid. 4.5 If City fails to pay Consultant within sixty (60) days following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination ofthe agreement. 4.6 City will be solely responsible for applying for and obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. Consultant makes no representations or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from reimbursement programs made for any reason by state or federal agencies, except as may be caused by Consultant’s negligence. 4.7 City may withhold from any final payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. discretion, deem itself required by law to disclose. SECTION 6: DISPUTES / LIMITATIONS OF REMEDIES 6.1 In the event of a breach of Contract by City, the Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 6.2 City will pay all reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this agreement. 6.3 If City institutes a suit against Consultant, which is dismissed, dropped, or for which judgement is rendered for Consultant, City will pay Consultant for all costs of defense, including attorney fees, expert witness fees and court costs. 6.4 If Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City’s agents or representatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless otheiwise agreed, Consultant will retain all pertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to City during Consultant’s normal business hours. City may obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may make copies ot‘the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts ofa report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. 5.5 Consultant will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, except as and to the extent Consultant may, in its sole All claims, disputes and other matters in question (hereinafter “claim”) between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be subject to mediation, If the parties have not resolved the dispute within thirty (30) days of receipt ofa written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (10) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may agree to extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting the same, a claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment of less than $25,000.00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out ofor relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings City of Eden Prairie General Conditions Consirllanl Agreement December 2000 Page 2 014 (unless the hearing on the claim has commenced) and elect to assert its claim in such action ifsuch party could have done SO but for the provisions of this Paragraph. The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available fiom AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court. 6.5.3 Compliance The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure shall be a substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to mediate in accordance with Section 6.5.1 hereof. SECTION 7: STANDARD OF CARE 7. I Because no sampling program can prove the non-existence or non-presence of contaminated conditions or materials throughout the "entire" site or facility, Consultant cannot warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of contaminated conditions or materials, and City's obligation under this agreement will not be coiltingent upon Consultant's delivery of any warranties, representations, guarantees, or certifications. 7.2 Consultant's opinions, conclusions, recommendations, and report will be prepared in accordance with the proposal, scope ofwork, and Limitations of Environmental Assessments and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions behveen sample locations may vary significantly, and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant's control. 7.4 Consultant will not be responsible or liable for the interpretation of its data or report by others. SECTION 8: GENERAL INDEMNIFICATION 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by Consultant's negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold Consultant harmless from and against demands, damages, and expenses caused by City's negligent acts and omissions. and breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. SECTION 9: INSURANCE I WORKER'S COMPENSATION 9.1 Consultant represents and warrants that it has and will maintain during the performance of this agreement Worker's Compensation Insurance coverage required pursuant to Minn. Stat. 176.1 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. 9.2 Consultant shall procure and maintain professional liability insurance for protection from claims arising out of professional services caused by any negligent act, error or omission for which Consultant is legally liable. 9.3 Certificate of insurance will be provided to City upon request. SECTION 10: TERMINATION 10.1 The agreement between Consultant and City may be terminated by either party upon thirty- (30) days written notice. 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. City of Eden Prairie General Condirions Consulranr .4greemenl Deccrnber 2000 Page 3 o/J SECTION 11: ASSIGNMENT 1 1. I Neither party may assign duties, rights or interests in the performance of the work without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant fkrther agrees to comply will all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI ofthe Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. SECTION 13: EXTRA WORK SECTION 19: CONFLICTS 13. I Extra work, additional compensation for same, and extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any extra work or related expenditures. SECTION 14: WITHHOLDING TAXES 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the provisions ofMinn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. SECTION 15: AUDITS 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. SECTION 16: PAYMENT TO SUBCONTRACTORS 16.1 The Consultant shall pay to any Subcontractor within ten (I 0) days ofthe Consultant’s receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2”/0) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 18.2 The agreement between Consultant and City may be modified only by awritten amendment executed by both City and Consultant. 18.3 This agreement is governed by the laws of the State of Minnesota. 17.1 The Consultant shall at all times abide by Minn. Stat. City o/Edm Prairie General Conditions Consultant Agreement December 2000 Page J 0/4 m CONSULTING GROUP, INC. Proposal No. PO4513 December 13,2004 Mr. Randy Newton, P.E., P.T.O.E. CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Mr. Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR TH 212 AND CHARLSON ROAD FINAL DESIGN Based on your request, we are pleased to submit this proposal for professional services to provide final design and in-construction engineering to complete the referenced project. The project involves reconstruction of approximately 4,700 feet of TH 212; construction of a new signalized intersection with Charlson Road; construction of a new pedestrian underpass under TH 212; and widening of TH212 to provide an additional westbound through lane within the project area. This proposal is based on our previous project work which includes preparation of a construction cost estimate and a preliminary geometric layout (currently being reviewed by Ivln/DOT staff for approval). The attached General Conditions will be incorporated into the professional services. SCOPE OF SERVICES Based on our understanding of the project, we have prepared the attached work plan summary. The scope of services described in the work plan includes all final design and in-construction engineering to prepare final construction documents and provide qualified construction observation staff to monitor the project through its completion. The scope of services is based on the following project assumptions: 0 The final geometric design will closely match the Mn/DOT staff-approved preliminary geometric layout. Local funds will be used to finance the project. 0 One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-00 10 Fax (763) 475-2429 http://www.srfconsulting.com An Equal Opporliinity Eniployer Mr. Randy Newton, P.E., P.T.O.E. -2- December 13,2004 0 A new traffic signal is included in the project design. 0 The work plan includes detail descriptions of the work anticipated for surveys, design, coordination with -/DOT and Hennepin County, permits, bidding and in- construction services. 0 The estimated project construction cost is $2,000,000. It is the City’s intention to proceed with construction in 2005. 0 During final design and construction, a geotechnical enpeering subconsultant will contract directly with the City to provide the necessary subsurface recommendations. SRF will coordinate this work. The scope of our work would include the following key design tasks: 1. 2. 3. 4. 5. 6. Project Management and Coordination - SRF will coordinate all project development activities with City staff, Mn/DOT and Hennepjli County. SRF will develop a project schedule and attend project coordination meetings as needed. Final Design - SRF will prepare final construction plans, specifications and engineer’s estimate of construction costs for approval by City and -/DOT staff. This work will include all necessary design elements including roadway typical sections, horizontal and vertical alignments, cross sections, drainage improvements, traffic signal, construction staging and detour plans, final signing and striping, turf establishment and erosion control plans, earthwork summary, construction details and estimated project quantities. This work also includes utility relocation coordination and coordination with City and Mn/DOT staff to resolve design review comments and questions. Permits - SRF will prepare all required permit applications including Watershed District, MPCA, and Mn/DOT. Bidding Administration - SRF will prepare an advertisement for bids, answer bidder’s questions, compile and check bids received and provide award recommendation. Construction Observation - SRF will provide Mn/DOT certified inspections to perform observation and keep daily records of construction activities; coordinate soils and materials testing required by Mn/DOT; keep field measurements for use in record drawings; perform final project inspection and prepare a punch list. Construction Staking - SRF will provide construction surveying for all project components including limits of construction; grading, culverts, roadway, median, signals, etc. Mr. Randy Newton, P.E., P.T.O.E. -2- December 13,2004 7. Construction Administration - SRF will coordinate and attend the preconstruction conference, review shop drawings, prepare pay requests and change orders as needed, coordinate construction issues and prepare final record drawings on 22" x 34" mylar. SCHEDULE We understand that the Mn/DOT final design review and approval process can be very time consuming. Since the City would Use to complete this project in the 2005 construction season, we recommend beginning the final design process immediately. There are some design tasks that could be started even while the City is waiting for staff approval of the preliminary geometric layout. We will work with City and Mn/DOT staff to expedite the final plan approvals. BASIS OF PAYMENT AND BUDGET We propose to be reimbursed for our services on an hourly basis for actual time expended at the rates set forth in our existing Agreement. Other direct project expenses, such as printing, supplies, reproduction, etc. would be reimbursed at cost, and mileage would be reimbursed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on the scope of services, we estimate the cost to provide engineering services for the project as follows: 1. 2. 3. 4. 5. 6. 7. 8. Project Management / Coordination Final Design Permits Bidding Administration Construction Observation Construction Staking Construction Administration Non-salary Expenses To tal Estimated Costs $ 21,520 $155,698 $ 4,140 $ 2,768 $ 96,600 $ 62,100 $ 39,124 $ 2,070 $384,020 Mr. Randy Newton, P.E., P.T.O.E. -2- December 13,2004 CHANGES IN SCOPE OF SERVICES We will not exceed the budget amounts without your approval. It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-pocket work is done, however, we will submit a budget for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, or a separate letter of authorization returned to our office, will serve as our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to continuing our work with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. James R. Dvorak, P.E. Vice President Matthew D. Hansen, P.E. Principal JRD/ MDH/bls Attachment: General Conditions Work Plan Summary APPROVED: APPROVED: (SIGNATURE) (SIGNATURE) Name: Name: Title: Title: Date: Date: This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this propasal. WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 1 12/17/2004 CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD E S T I MAT E D P E R S 0 N - H 0 U R S ***** *.*"* PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS TASK NO. WORK TASK DESCRIPTION 1 .o 1.1 1.2 I .3 2.0 2.1 2.2 2.3 3.0 3.1 3.2 3.3 PROJECT MANAGEMENT / COORDINATION General day-to-day project management and administration. Work planning schedule and coordination of tasks. Establish ongoing project coordination with City of Eden Prairie. Coordinate project activities with the following as necessary: - City of Eden Prairie - Hennepin County - MnlDOT - Public and private utilities - Permitting agencies 60 40 0 0 0 0 100 10 40 0 0 0 0 50 10 40 0 0 0 0 50 80 0 120 0 0 4 0 0 0 0 60 0 200 64 SUBTOTAL - TASK 1 DESIGN SURVEYS Supplement existing mapping with field surveys as required to complete topographic mapping and identify: - lnplace roadway alignments at match points - Existing slopes and features along trail alignment from TH 212 to Riverview Road 0 4 0 0 0 0 4 4 0 4 0 8 0 72 0 8 8 80 Incorporate survey data into project base map. Prepare digital terrain model for use in preparing final construction plans. SUBTOTAL -TASK 2 ROADWAY DESIGN 8 20 0 8 0 36 Collect all available data as required to begin final design. Review staff approved geometric layout and profile as a guide to final design. 0 0 0 10 0 0 50 Compute final horizontal and vertical alignment. 0 2 8 0 10 40 0 Develop typical roadway sections including pavement sections, median, shoulders, inslopes and back slopes. 0 SRF CONSULTING GROUP, INC. C:\ROCab\PL\Temp\lUtach 3 - 212 Chailson Work Plan) ENGINEERS AND PlANNERS MINNEAPOLIS, MN 12/17/2004 WORK TASKS AN0 PERSON-HOUR ESTIMATE PAGE 2 CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD *l*** EST 1 MAT E D P E R S 0 N - H 0 U R S "'*** PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS 0 40 80 0 40 0 160 TASK NO. WORK TASK DESCRIPTION 3.4 3.5 3.6 3.7 3.8 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Develop cross-sections, super elevation and final contours sufficient to determine drainage areas, construction limits and final profile grades. Perform drainage analysis and design using roadway profiles and staging plans. Design elements include culverts, storm sewers, catch basins, inlets, storm water treatment basins (grit chambers) and subdrainage systems. 0 20 60 0 40 0 120 0 10 0 20 0 8 20 40 0 0 0 24 0 10 8 0 30 0 70 0 40 Coordinate relocation of all utilities affected by roadway construction. Prepare traffic control and construction staging layouts. Prepare preliminary trail plan including trail alignment, profile and typical section for future trail connection from Charlson Road to new box culvert at TH 212 and from new box culvert to Riverview Road. 0 118 268 106 0 516 SUBTOTAL - TASK 3 24 FINAL ROADWAY CONSTRUCTION PLANS Assumes State Aid plan format with minimal tabulations. Prepare title sheet and general layout plan. Prepare construction staging and traffic control plans. Prepare plans for construction details and constructionlsoils notes including standard plates as required. Prepare erosion control plans consistent with agency permit requirements. Prepare final typical section plan sheets. Prepare alignment plan and tabulation to include the following: . - Azimuths for all tangent lines - Coordinate values and stationing for all P.C., P.I. and P.T. - Coordinate values for all radius points. - Coordinate values and field ties for control points. Complete topography plan sheets showing existing topography, utilities, drainage features and proposed areas of construction. 2 20 2 0 4 0 28 0 14 8 16 4 8 20 a 0 18 0 44 0 12 0 10 10 0 20 0 40 SRF CONSULTING GROUP, INC. C:\ROCabWL\Ternp\Atlach 3 - 212 Charlson (Work Plan) ENGINEERS AN0 PLANNERS MINNEAPOLIS, MN 12/17/2004 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 3 CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD CONSULTANT SRF CONSULTING GROUP, INC. SUBCONSULTANT: EST I MAT E D P E R S 0 N - H 0 U R S ***** ***** PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS 10 40 80 0 120 0 250 TASK NO. WORK TASK DESCRIPTION 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 5.0 Complete the construction plan sheets. Separate plan sheets will be prepared for storm sewer, surface drainage and subsurface drainage. Storm sewer plans will include station, location and elevation of all structures. Plans will also include all data for tapers and transitions. Complete roadway profile sheets including subcut depths and descriptions of all bench mark locations. 0 10 20 0 40 0 70 10 4 4 20 10 10 20 10 10 50 24 24 Prepare drainage profile sheets. Prepare signing and striping plan sheets. Prepare proposed watermain plan and profile including station, location and elevation of all bends, valves and hydrants. 10 0 20 0 34 Prepare turf establishment plans including temporary erosion control features as required. Prepare final cross-sections including underground utilities and drainage structures. 0 4 0 10 20 0 40 0 70 0 0 0 0 0 0 10 10 0 4 4 4 8 20 30 10 10 10 10 20 40 0 0 20 0 0 0 40 4 0 0 0 10 0 40 0 0 0 0 0 10 0 44 10 34 14 24 38 150 Prepare earthwork estimate and summary tabulation. Develop contract pay items. Compute and check contract pay item quantities. Prepare Final Engineer's Estimate of Construction Cost Prepare statement of estimated quantity sheets Prepare data for contract special provisions and assemble bid documents. Submit draft plans to City and Mn/DOT for review. Make necessary revisions. SUBTOTAL - TASK 4 60 394 10 996 20 156 356 STRUCTURAL DESIGN - BOX CULVERTS SRF CONSULTING GROUP, INC. C:\ROCab\PL\Temp\Allach 3 - 212 Charlson Work Plan1 MINNEAPOLIS, MN. ENGINEERS AND PLANNERS 12/17/2004 CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 4 CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT: E S TI MAT E D P E R S 0 N - H 0 U R S""*' *.**. PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS 0 0 72 0 130 0 202 TASK NO. 5.1 5.2 6.0 6.1 6.2 7.0 7.1 8.0 WORK TASK DESCRIPTION Prepare final design construction plans and special provisions for precast box culvert to be used as pedestrian pathway under TH 212. Prepare final design construction plans and special provisions for extension of existing 8' x 8' cast in place tunnel. Assume extension of approximately 40 feet to accommodate widening TH 212. SUBTOTAL - TASK 5 0 14 80 0 110 0 204 0 14 152 0 240 0 406 TRAFFIC SIGNAL DESIGN Signal Justification Report (SJR) projected peak hour forecast volume on cross-street to hourly forecast volume. - Includes obtaining mainline hourly approach volume counts, and expanding 3 0 16 0 12 2 33 26 29 36 52 66 78 2 130 4 163 Permanent Traffic Signal Design - Assumes isolated signal: no interconnect. - Deliverables are signal plans, special provisions and engineer's estimate. SUBTOTAL - TASK 6 PERMITS No wetland permits are anticipated for this project. Prepare construction permit applications for: - Minnesota Pollution Control Agency - NPDES - Watershed District - MnlDOT 4 10 20 20 0 4 58 10 10 20 20 20 0 4 58 0 34 SUBTOTAL - TASK 7 BIDDING ADMINISTRATION - Prepare advertisement for bids. - Answer bidders' questions. - Issue addenda if required. - Attend bid opening, tabulate results. - Prepare letter of recommendation to City. SRF CONSULTING GROUP, INC. C:\ROCabWL\Ternp\Altach 3.212 Charlson (Work Plan) ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 12/17/2004 WORKTASKS AN0 PERSON-HOUR ESTIMATE PAGE 5 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT: *****EST I MAT ED P E R S 0 N - H 0 U R S "**** PROJECT: TH 212 I CHARLSON ROAD PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS TASK NO. WORK TASK DESCRIPTION - Prepare Notice of Award and Contract Agreement and folward to Contractor. 9.0 CONSTRUCTION STAKING 0 0 0 0 900 0 900 - Stake limits of construction. - Stake for grading. - Stake alignment and grades for watermain and storm sewer. - Stake alignment and grades for new'curbs and gutters, medians and turn - Stake locations for signage and signals. - Stake other facilities as necessary. - Coordinate staking requirements with field representatives. - Computations as necessary for field crews. lanes. 0 0 0 0 1400 0 1400 10.0 CONSTRUCTION INSPECTION (MnlDOT Certified Inspector) - Perform observation and keep daily records of the construction activities of - Prepare and file copies of reports on the construction activities. - Keep a record of the quantities of each of the pay items used in the work. - Periodically review contractor's progress. - Perform field measurements for use in measurement of quantities and - Arrange for construction staking as required by contractor's progress. - Upon substantial completion, prepare "punch list." - Coordinate and review testing of materials and lines. - Prepare final inspection letter. - Conduct warrantee inspection. - Conduct final review of project. the contractor and utility companies. preparation of record plans. IO 40 400 0 0 40 490 11.0 CONSTRUCTION ADMINISTRATION - Attend preconstruction conference. - Periodically perform on-site review of project's work and status and report to - Coordinate progress meetings. - Prepare periodic payment request forms. - Prepare Change Orders and other written directives, if required. the City. SRF CONSULTING GROUP, INC. C.\ROCab\PL\Tcrnp\Atlach 3 - 212 Charlson (Work Plan) ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 12/17/2004 CLIENT: CITY OF EDEN PRAIRIE WORK TASKS AND PERSON-HOUR ESTIMATE CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT: PROJECT: TH 212 I CHARLSON ROAD *****EST I MAT ED P E R S 0 N- H 0 U R S ****" TASK NO. WORK TASK DESCRIPTION - Prepare letter of final review and acceptance. - Review shop drawings, material list reports and all information on material to be used for construction in accordance with the plans and specifications. PAGE 6 PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS SRF CONSULTING GROUP, INC. c \RDCablPL\Ternp\Allach 3 ~ 212 Charkon (Work Plan) ENGINEERS AND PLANNERS MINNEAPOLIS, MN. 12/17/2004 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 7 CLIENT ClN OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT: PROJECT TH 212 I CHARLSON ROAD E S T I MAT E D P E R S 0 N -H 0 U R S""' t*t*t TASK NO. WORK TASK DESCRIPTION - Other construction documentation (State Aid) a. Change in Construction Status b. Request to Sublet c. Contractors Bar Chart d. Erosion Control Plan e. Change Orders f. Supplemental Agreements g. Daily and Weekly Diaries h. Partial and Final Payment vouchers i. Enforcement of Prevailing Wages ' j. Safety and Health Regulations k. Public Relations 1. Report of State Aid Contract 12.0 AS-BUILTS - Obtain record information from field representatives. - Prepare record drawings. - Submit copies of record drawings (electronic and hard copies) to City. SRF CONSULTING GROUP, INC. C:RDCabPL\Ternp\Att;ch 3 ~ 212 Chxlson (Work Plan) PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS 0 ENGINEERS AND PLANNERS a 0 40 40 0 MINNEAPOLIS, MN. 12/17/2004 WORKTASKS AND PERSON-HOUR ESTIMATE PAGE 8 CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD TASK NO. WORK TASK DESCRIPTION TOTAL ESTIMATED PERSON HOURS AVERAGE HOURLY BILLING RATES ESTIMATED LABOR AND OVERHEAD ESTIMATED DIRECT NON-SALARY EXPENSES: TOTAL ESTIMATED FEE ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: REPRODUCTION: COMMUNICATIONS: SUPPLIES: ESTIMATED DIRECT NON-SALARY EXPENSES CONSULTANT: SUBCONSULTANT: SRF CONSULTING GROUP, INC. E ST I MAT E D P E R S 0 N - H 0 U R S ***** Ill* PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS 1272 $98 $65 $17.934 $47,040 $82,680 147 480 $122 Copy Duplication Bruning Bond Prints Bruning Mylar Prints Mail, Special Deliveries, Etc. Graphic Art Supplies Photographic Supplies Miscellaneous Supplies 2000 Miles @ 144 3230 58 5331 $58 $69 $53 $8,352 $z22,870 $3,074 $381,950 $2.070 4000 Copies @ 100 Copies @ 50 Copies @ . $0.375 $0.10 $2.40 53.00 $384,020 $750 $400 $120 9300 $200 $1 00 $100 $100 $2,070 SRF CONSULTING GROUP, INC. C.WOCab~PLITcmpWllach 3- 212 Charlson (Work Plan) ENGINEERS AND PIANNERS MINNEAPOLIS, MN. 12/17/2004 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 9 CLIENT: CITY OF EDEN PRAIRIE PROJECT: TH 212 I CHARLSON ROAD TASK NO. WORK TASK DESCRIPTION 1 .o 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11 .o 12.0 COSTS PER TASK Project Management I Coordination Design Surveys Roadway Design Final Roadway Construction Plans Structural Design - Box Culverts Traftic Signal Design Permits Bidding Administration Construction Staking Construction Inspection (MnlDOT Certified Inspector) Construction Administration As-Builts ESTIMATED LABOR AND OVERHEAD ESTIMATED DIRECT NON-SALARY EXPENSES: TOTAL ESTIMATED FEE SRF CONSULTING GROUP, INC. C:\ROCab\PL\Tcrnp\AHach 3 - 212 Charlson Work Plan) CONSULTANT: SRF CONSULTING GROUP, INC. SUBCONSULTANT: E S T I MAT E D P E R S 0 N - H 0 U R S ""*** ***** PRINCIPAL ASSOCIATE SR. PROF. PROF. TECHNICAL CLERICAL TOTALS $9.760 $0 $0 $2,440 $0 $3,538 $488 $488 $0 $0 $1,220 SO $16,226 ENGINEERS AND PLANNERS $1 1,760 $392 $1 1,564 $15,288 $1,372 $0 $980 $980 $0 $0 $3,920 $784 $41,356 $0 $260 $17.420 $23,140 $9.880 $3,380 $1,300 $1,300 $0- $0 $26,000 $0 $55,380 $0 $0 $1,392 $3.480 $0 $0 $1,160 $0 $0 $0 $0 $2,320 $6,032 $0 $4,968 $7,314 $27,186 $16,560 $5,382 $0 $0 $62,100 $96,600 $0 $2,760 $61,410 $0 $21,520 $5,620 $0 $0 $37,690 $530 $72,064 $0 $27,812 $212 $12,512 $4,140 $212 $2,768 $0 $0 $62,100 $0 $96,600 %I20 $33,260 $5,864 $0 $954 $381,950 $2,070 MINNEAPOLIS. MN. CITY COUNCIL AGENDA SECTION: Consent Agenda DEPARTMENTDIIVISION: Eugene A. Dietz Public WorltsEngineering Requested Action ITEM DESCRIPTION: Approve Professional Services Agreement, 2005 Well Rehabilitation Program DATE: December 21 , 2004 ITEM NO.: VI. L. Move to: Approve Professional Services Agreement with TKDA for 2005 Well Rehabilitation Program, at an estimated fee of $1 6,800. Synopsis On approximately a five-year schedule, we have well drilling firms go through a preventative maintenance procedure for each of our municipal water wells. This contract with the consulting firm TKDA will develop standard specifications for bidding the well maintenance procedures for the calendar year 2005, as well as be the generic specifications for future years. In addition to the preparation of standard specifications, TKDA will also provide construction services for the 2005 project. Background Information The five-year preventative maintenance cycle for our wells has been ongoing for many years. However, in past years, we have contracted with well drilling firms on an informal hourly basis. The specifications that are being developed by TKDA will create uniform bidding documents for us to receive proposals from well drilling firms in the future and to comply with required procurement standards. Staff recommends approval of the professional services agreement with TKDA. Attachment 0 Professional Services Agreement 1500 Piper JaHray Plaza 444 Codar Slreel Saint Paul, MN 55101-2140 November 29,2004 (651) 292-4400 (651) 292-0083 Fax www tkda corn Mr. Ed Sorenson Manager of Utility Operations City of Eden Prairie - Utilities Division I4100 Technology Drive Eden Prairie, Minnesota 55344-2260 Re: Proposal for Engineering Services 2005 Well Rehabilitation Program City of Eden Prairie, Minnesota Dear Mr. Sorenson: Pursuant to communications with Mr. Verne Jacobsen, we propose to provide Engineering Services in connection with the 2005 Well Rehabilitation Program, and provide Construction Administration Services for the Project during &he Construction Phase, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached “Ci@ of Eden Prairie General Conditions of Consrrltant Agreement” dated February 2001. Hereinafter, the City of Eden Prairie is referred to as the OWNER. I. PROJECT DESCWTION Each year the OWNER selects which wells should be evaluated and reconditioned. For 2005, Wells 10, 11, and 12 have been selected. The Project consists of the following: A. Review of all available background information on the history of the well. B. Removal, repair andor replacement, and re-installation of the well pumps and motors. C. Sounding of each well to determine the extent ofsandstone filling in the open hole. D.. Bailing the loosened and settled sandstone from the bottom ofthe well, if recommended. E. The re-development of the rock aquifer to attempt a reduction in the sand content in the well water, if recommended and approved by the OWNER. F. The start-up, testing, and evaluation of the completed well pump re-installation. An Employee Owned Company Promofinp Afhalive Aclion and Equal Opporlunify Mr. Ed Sorenson City of Eden Prairie, Minnesota Proposal for Engineering Services - 2005 Well Rehabilitation Program November 29,2004 Page 2 11. SERVICES TO BE PROVIDED BY TICDA Based on TKDA’S understanding of the Project, we propose to provide the following services: A. B. C. n. E. F I. Review all information available from the OWNER regarding the construction of Wells 10, 1 1, and 12 and obtain information, as available, fiom the original well drilling company. Familiarize ourselves with the general construction of the wellhouse and, in particular, the well pumps installed in each well, including motor characteristics and pump performance curves. Based on our review of this information, prepare technical specifications for the removal of the well pumps, their disassembly and inspection, repair or replacement of the pumps and their components, and re-installation into the wells. Prepare documents for the advertisement for public bids; assist in the receipt of bids; check, compare, and evaluate the bids; and make recommendations for the award of a contract. As part of the technical specifications, require the successful Contractor to remove the pumping equipment to their shop; disassemble the equipment; clean the pump column, shaft, and bowl assembly; and prepare a report on the repair and/or replacement of the pump and its components. We will also make provision for the testing and repair of the electrical motors, if recommended. After receiving the Contractor’s report on the well pumps, meet with the Contractor and the OWNER’S representative(s) to evaluate their findings in detail and in person. Prepare a memorandum to the OWNER concerning the Contractor’s recommendations, either concurring or differing with their assessments, and evaluating the reasons for their recommendations. While the well pumps are out of the wells, we will require sounding of the well to determine its depth. After comparing this depth with the original construction, recommend steps for removal of any excess material. If the degree of filling-in of the open hole is found to be excessive, recommend to the OWNER what steps we feel are necessary to stabilize the formation. Work with the OWNER’S staff to accomplish the necessary work to recover the well. Provide periodic site observations of the Project to determine conformance with the contract documents, certify that the Contractor’s pay requests are appropriate for the work completed, and perform similar Construction Administration Services. Conduct a well start-up for each well to verify the completion and acceptance of the work to provide dependable service over the normal life of the equipment. The technical requirements will also require a one-year warranty.. Mr. Ed Sorenson City ofEden Prairie, Minnesota Proposal for Engineering Services - 2005 Well Rehabilitation Program November 29,2004 Page 3 G. Conduct a final inspection of the work to determine if the Project appears to have been completed in accordance with the Contract Documents and if the Contractor has hlfilled all of his obligations thereunder, so that we may recommend, in writing, final payment to Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). H. We shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any ofthe Work, or for the Failure of any ofthem to carry out the Work in accordance with the Contract Documents. 111. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in SECTION 13 - EXTRA WORK of the attached Geireral Provisiuns, and such billings shall be over and above any maximum amounts set forth in this Proposal. N. OWNER’S RESPONSPBILITIES The OWNER’S responsibilities shall be as set forth in SECTION 2 - SITE LOCATION, ACCESS, PERMITS, APPROVALS, AND UTILITIES of the nttnclred Gerieral Provisions and as further described or clarified hereinbelow: A. Provide access to the OWNER’S files, records, and data pertaining to the Project. B. Provide reasonable access to the OWNXR’S facilities included in the Project. C. Provide input, review of submitted plans and specifications, and assistance in scheduling to accommodate construction of the Project. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION I1 services on or before May 6,2005. Mr. Ed Sorenson City of Eden Prairie, Minnesota Proposal for Engineering Services - 2005 Well Rehabilitation Program November 29,2004 Page 4 VI, COMPENSATION Compensation to TKDA for services provided as described in SECTION I1 of this Proposal shall be on an Hourly Rate basis as described in SECTION 4 - FEE PAYMENT/C'LAIfifS of the attached General Provisiorrs for an estimated amount of $16,800. The level of effort required to accomplish SECTION I1 services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered will exceed the above total, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional hnds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official ofthe City of Eden Prairie and the return of a signed copy to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Richard N. Sobiech, P.E. PresidenVCEO Verne YJacobsen, P.E. Project Manager ACCEPTED FOR THE CITY OF EDEN PRAIRIE, MINNESOTA RNS:VE.J:kms ATTACHMENTS: SCHEDULE 2850-S85 CITY OF EDEN PRAIRIE GENERAL CONDITIONS dated Febrimly 2001 Project Fee Estimate TOLTZ, IUNG, DWALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS - ARCHITECTS - PLANNERS ST. PAUL, MINNESOTA JANUARY 1, 2005 SCHEDULE OF BILLING RATES Classification Range ofHourly Billing Rates* Director, Senior Registered Engineer, Architect, or Planner Engineering or Architectural Specialist LI Engineering or Architectural Specialist I Registered Engineer; Architect, Land Surveyor, Planner, or Interior Designer Graduate Engineer, Architect, or Planner Technician ID Technician LI Technician I $ 102.00 $ 94.00 $ 62.00 $ 65.00 $ 48.00 $ 54.00 $ 42.00 $ 28.00 to $ 137,OO to $ 143.00 to $ 114.00 to $ 129.00 to $ 97.00 to $ 77.00 *:k to $ 60.00 ** to $ 46.00 ** In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence. (Mileage at current IRS Standard Rate per mile.) 2. Computer services. (Currently at $12.00 per hour of logged-on time.) 3. Outside professional and technical services with costs defined as the amount billed TKDAplus 10%. 4. Identifiable reproduction and reprographic costs. * Rates effective until December 3 1 , 2005. ** Far hours worked over 8 hours per day or 40 hours per week, whichever is greater, individuals will be paid one and one-half times the above rates where required by Local, State andlor Federal Government Wage and Hour Regulations. Schedule 28504385 CITY OF EDEN PRAIRIE Consultant Agreement GENERAL CONDITIONS SECTION 1: PROJECT INFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, swveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory site response (Project Informntion). 1.2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to city, its subcontTactors or consultants. 1..3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or coordinate work or Project Information as requested by Consultant. 1..4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information furnished by City, or other subcontractors or consultants engaged by City.. SECTION 2: SITE LOCATION, ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 2.3 City will be solely responsible For applying for and obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to pct as agent for City for City’s responsibilities under this section including signing certain forms on City’s behalf such hs Right-of-way fom. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course of the work some damage my occu.. The correction of any damage is the responsibility of City or, at City’s direction, the darnage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the above, Consultant agrees to be responsible for damage caused by Consultant’s negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identifying all subkrranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City andlor representatives of utility Companies. SECTION 3: SAMPLES Not Applicable SECTION 4: FEE PAYMENT I CLAIMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents as attached. 4.2 To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare under penalty ofperjury that this account, claim, or demand isjust and correct and that no part of it has been paid..” 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten (10) days Born the invoice date. Consultant will review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 4.4 Payment is due upon receipt of invoice (or corrected invoice) and is past due sixty (60) days From invoice date. On past due accounts, City will pay a finance charge of 1.5% per month on the unpaid balance, or the maximum allowed by law, whichever is less, until invoice is fully paid. 4.5 IfCity fails to pay Consultant within sixty (60) days following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 4.6 City will be solely responsible for applying for and obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. Consultant makes no representations or guarantees as to what hnd reimbursement City may receive. Consultant shall not be liable for any reductions From reimbursement progranls mnde for any reason by state or federal agencies, except as may be caused by Consultant's negligence. 4.7 City may withhold fiom any final payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. . SECTION 5: OWNERSHIP OB DOCUMENTS 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City's ngents or representatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless otherwise agreed, Consultant will retain all pertinent records or reports concerning work and services perfoxmed for a period of at least hvo (2) years after report is submitted,. During that time the records will be made available to City during Consultant's nom1 business hours. City my obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus IS%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts of n report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. 5.5 Consultant will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, except as and to the extent Consultant may, in its sole discretion, deem itself required by law to disclose. SECTION 6: REMEDIES DISPUTES I LIMITATIONS OF 6.1 In the event ofa breach of Contract by City, the Consultant slinll not be entitled to recover punitive, special or consequential damages or damages for loss of business. 6.2 City will pay all reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this agreement. 6.3 If City institutes a suit against Consultant, which is dismissed, dropped, or for which judgement is rendered for Consultant, City will pay Consultant for all costs of defense, including attorney fees, expert wimess fees and court costs. 6.4 If'Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution 6.5.1 Mediation All claims, disputes and other matters in question (hereinafier "claim") between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be subject to mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (IO) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agrec to share equally all fees incurred in the mediation. The parties sliall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours ofmediation, the parties have not resolved the dispute, the parties may agree to extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting tlie same, 8 claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment of less than $25,000..00 in aggregate may be decided by arbitration in accordance with the Construction Industry Arbitration Rules ofthe American Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out of or relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings (unless the hearing on the claim has commenced) and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s) may be entered in any courthavingjurisdiction thereof. Ciry of Eden Prniric Ceiiernl Coiiditjons Coiirultnnf Agreenrcttr Fcbmnry 3001 Pnge 2 of 4 In the event that arbitration services are not available From AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court. 6.5.3 Compliance The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure shall be a substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitrotion, require the parties to mediate in accordance with Section 6.3 1 hereof maintain during the performnnce of this agreement Worker's compensation Insurance coverage required pursuant to Minn. Stat. 176.18 I, subd. 2 and that the Certificate of Insurance or the written order of the Commissioner of Commerce permitting self insurance of Worker's Compensation Insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 9.2 Consultant shall procure and maintain professional liability insurance for protection from claims arising out of' professional services caused by any negligent act, error or omission for which Consultant is legally liable. 9.3 Certificate of insurance will be provided to Cily upon request. SECTION 10: TERMINATION SECTION 7: STANDARD OF CAFLE 7.1 Consultant's opinions, conclusions, recommendations, and report, if any, will be prepared in accordance with the City's Request for Proposal and Consultant's proposal and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and software will perform as represented in their proposal and other parts of this agreement. 7.2 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee my be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations my vary significantly, and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant's control. 7.3 Consultant will not be responsible or liable for the interpretation ofits data or report by others. SECTION 8: GENERAL INDEMNIPICATION 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by Consultant's negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold Consultant hndess fTom and against demands, damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, omissions, and breaches of persons For whom City is legally responsible. SECTION 9: INSURANCE / WORKER'S COMPENSATION 9.1 Consultant represents and warrants that it has and will 10.1 The agreement between Consultant and City my be terminated by either party upon thirty- (30) days written notice. 10,2. If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. SECTION 11: ASSIGNMENT 11.1 Neither party may assign duties, rights or interests in the performance of the work without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonoble conhol, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party' or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: EXTRA WORK 13.1 Extra work, additional compensation for me, and extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any extra work or related expenditures.. SECTION 14: WITHHOLDING TAXES 14..1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat 290 92 relating to withholding of income taxes upon wages. A certificate by the Commissioner ofRevenue shall satisfy this requirement. Cify ojEdcn Prairie Gericrnl Coriiflfioris Consulrnnf Agrcenrent Febnrary ZOO1 POgC 3 Oj4 SECTION 15: AUDITS 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. SECTION 16: PAYMENT TO SUBCONTRACTORS 16.1 The Consultant shall pay to any Subconkactor within ten (IO) days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (l-i/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 el seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISClUlkIMATION In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similnrprovision in all conkacts with subconkactors to this Contract.. The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act, Minn. Stat.. 363..01, et seq., Title VI ofthe Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. SECTION 19: CONFLICTS No salaried officer or employee of the City ind no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. SECTION 20: ENTIRE AGREEMENT 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior witten or oral agreements between them respecting the written subject matter. There arc no representations, agreements, arnngements or understandings, ornl or written between City and Consultant relating to the subject matter of this Agreement which are not filly expressed herein. 18.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and Consultant.. 18.3 This agreement is governed by the laws of the State of Minnesota. Ciry oJEdei Prnirie Gcriernl Co~dirions Corrsirl/rif Agrcenietil Fcbnrnry 2001 Pflgc 4 OjJ 1 2 3 4 5 6 7 8 9 I -- Project Management 2 1 3 Project MeetinglSite Visit 4 4 0 Review Exisling WelllPump Info 1 4 4 9 Prepare Contract Documents 2 4 16 8 30 PreparelPubLh Ad for Bids 1 4 1 6 Bidder AssistancelAddendums 2 2 4 1 9 Bid Opening 4 4 Tabulate and Review Bids 1 2 1 4 Prepare Award Recommendations 1 1 2 I I 75 . .... ~,, ,l....,:-'.,i:l...'.-. .&I Total Porson Hours 17 12 34 12 ~~~~~~,~~~~~;~~~~~~~- Esllrnalad Bllllnfl RslclHr x Mulllpllor $ 130 $ 87 $ 92 S 60 $ 55 .a':<;::.::. :*. .. .:.+.. ,;> ..P: TKDA Project Fee Estimate CITY COUNCIL AGENDA 1 DATE: DEPARTMENTLDIVISION: Leslie Stovring Public Works / Environmental Services SECTION: Consent Agenda ITEM DESCRIPTION: I.C. 99-5501, ITEM NO.: VI. M. Local Water Management Plan I December 21,2004 Requested Action Move to: . Adopt the Local Water Management Plan; and Approve submittal of the Local Water Management Plan to the three watershed districts, the Board of Water and Soil Resources, Hennepin County, Department of Natural Resources and Metropolitan Council Synopsis The public comment period for the Local Water Management Plan (LWMP) was closed on November 20, 2003. Comments received were incorporated and the Capital Improvement Plan (CIP) was completed. The CIP includes specific projects as well as general funding for items such as stormwater pond improvements and erosion assessments fiom 2005 through 2009. The major hnding source for the CIP is the stormwater utility fund with supplemental funding from sources such as the Watershed Districts and the Water Utility Fund. Staff recommends the process be completed by approval of the final Plan. Background Information Staff has completed the Local Water Management Plan (LWMP) for the City of Eden Prairie. The LWMP will also be incorporated into the City’s Comprehensive Guide Plan required by the Metropolitan Council. The LWMP was developed to consolidate information on our overall surface water management objectives, including management of our lakes, wetlands, stormwater ponds and creeks. The LWMP is also intended to meet the requirements outlined in the Water Management Plans developed by the Watershed Districts within the City as well as provide the City the opportunity to review .our local controls and water resource management activities. An Implementation Plan and Capital Improvement and Funding Plan are included in the LWMP. The Public Hearing for the Local Water Management Plan (LWMP) was held during the September 8, 2003 Community Planning Board meeting. The September 15, 2003 City Council Worltshop included a preliminary review of the LWMP. The public comment period was through October 24, 2003, However, the Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts requested an extension of the comment period through November 20, 2003. Review and incorporation of the comments was held until after the Wellhead Protection Plan was completed, which was being developed concurrently with the LWMP. The final report will be submitted to local, county and state agencies as required, including the Metropolitan Council, Dept. of Natural Resources, Hennepin County, Board of Water and Soil Resources, and the Riley-Purgatory-Bluff Creek, Nine Mile Creek and Lower Minnesota River Watershed Districts. Key comments which were evaluated included the following. Where appropriate, they were included in the LWMP. Some of the remaining comments will be incorporated into our proposed Stormwater Management Ordinance or were already within existing documents or ordinances. Expand on the water management goals and objectives outlined in the Use Attainability Analyses prepared by the District for the lakes in Eden Prairie. Reference to the current District permitting program, including water quality and water quantity requirements of the District. Reference the use and implementation of the use of infiltration and extended detention where applicable, as referred to in the Riley-Purgatory-Bluff Creek Watershed District’s proposed Rules and Regulations (1 999). Incorporate standards and criteria presented in the Lower Minnesota River Watershed District’s Water Management Plan Section 5.13. This includes provisions for when to submit plans to the District for review, requirements for development of Runoff Management Plans, and standards for preparation of Erosion Control Plans. Outline potential coordination of educational efforts between the Districts and City. Assess problems that affect local government, including hture expansion of the Flying Cloud Airport, water quality of Rice Lake and bank and bluff erosion. Identify the Minnesota River bluffs and show steep slopes and areas of high erosion potential. This can be included in the City’s erosion control or steep slope ordinance. Add information on where wetland information will be maintained. The response letter to the Watershed Districts regarding the issues raised is attached to this Memorandum. Responses to the letter have been incorporated into the LWMP. Attachments Community Planning Board Minutes, Public Hearing dated September 8, 2003 Watershed District Comments - Response Memorandum dated November 1,2004 City Council Workshop Minutes Local Water Management Plan (full copy on file and available by request) APPROVED MINUTES OF THE EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY, September 8,2003 7:OO P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: STAFF MEMBERS: Ken Broolcs, Randy Foote, Vicki Koenig, Fred Seymour, Kathy Nelson, Dave Steppat, Ray Stoelting, Paul Sodt, Bill Sutherland Stu Fox, Manager of Parks and Natural Resources Mike Franzen, City Planner AI Gray, City Engineer Jane Hovind, Recording Secretary D. LOCAL WATER MANAGEMENT PLAN Leslie Stovring, Environmental Coordinator, presented the plan. She stated the last date for comments on the plan is October 24,2003. Nelson left the meeting at 8:35 p.m. Koenig aslced about the status of the cranberry bogs in the Bearpath development. Stovring responded they are trying to reestablish the buffers as they were in the past. She said she expects a report sometime in 2003. The quality of the bogs is decreasing and this will be addressed when the section of 212 is built in that area. Koenig asked if residents are cooperating. Stovring responded that she is leaving that up to the Watershed District. Koenig asked where the highest quality wetlands are located in the City. Stovring responded there is one along Dell Road across from Bearpath and one in Bearpath. They seem to be spread out throughout the City. Koenig asked how to get buffers in areas where development is already established. Stovring responded working with the homeowners or creating a wetland buffer. Steppat asked who is requiring the water quality plan. Stovring responded that it would include both the EPA and MPCA. Koenig asked if the testing of water quality includes drinking water. Stovring responded it refers to the ponds. Koenig asked where the NURP ponds were located that were having quality problems and whether they were the older ones. Joe Bischoff of Wenck Associates responded that it’s spread all over the City. Stovring stated it has to do with how clean the developer kept the area during construction and how the homeowners have treated the area. Seymour asked if there are model for educating the public out there that we can look at. Stovring responded that because education is so important, Water Resource Coordinators from various cities formed a group and meet periodically to discuss how to educate the public. The University of Minnesota Extension Office is going to do a metro wide education piece that will help educate us on how to get the information out. Stoelting asked about the use of rain gardens and could there be more detail about integrative management practices in the plan. Stovring responded that there are a lot of practices out there but they are new and haven’t been tested yet. She stated she would add the more common ones to the plan. Stoelting asked about the enforcement of code violations. Franzen responded that staff is to come before the Board in October to review categories of complaints and code violations. Koenig stated she would like to see information on enforcement and how that works with other agencies included in the plan. Sodt stated that the Board would like to know what can be done to help get information out. Jim Perltins of 7010 Willow Creek Road stated he has lived on Bryant Lake for 40 years and has seen a lot of change. He said he really enjoys the boats and seeing that people are enjoying the lake. MOTION by Steppat, second by Foote to close the public hearing. Motion carried, 7-0 MOTION by Steppat, second by Foote, to recommend approval of the draft Local Water Management Plan dated August 11,2003. Motion carried, 7-0 Koenig stated the plan was very readable and extremely interesting. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 16,2003 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM I1 6130 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lultens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II CALL MEETING TO ORDER APPROVAL OF AGENDA 111. DRAFT LOCAL WATER MANAGEMENT PLAN Environmental Coordinator Leslie Stovring provided an overview of the Draft Local Water Management Plan (DLWMP). She noted completion of the plan was delayed because the City’s consultant for this work, Montgomery Watson, left the Twin Cities and another firm, Wenclt, finished the project. The Community Planning Board held a public hearing on the plan on September 8. This public hearing is followed by a 45-day public comment period, which ends October 24. Public comments will be incorporated into the DLWMP and the final plan will be presented to the City Council for approval in November or December. Stovring said the DLWMP was developed to fulfill requirements of Minnesota Statutes. The plan is a summary of the City’s water resource management goals and policies, and includes a capital improvement program. Stovring said the Task Force’s review of the City’s water resources led them to conclude that the primary goal should be to maintain and improve the quality of our lakes. Resources were prioritized and allocated accordingly. Prioritization was based on a number of factors, including recreational usage. In conjunction with Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts, Use Attainability Analyses (UUAs) were conducted on the main bodies of waters, including Round Lake, Riley Lake, Rice Marsh Lake, and Birch Island Lake. Funding for projects is based on recoinmendations made in the UUAs. The inventory conducted as part of the plan identified a total of 661 water bodies in the City, including 487 wetlands, 144 stormwater ponds, 15 filled wetlands, and 15 lakes. Round, Rice Marsh, Bryant and Birch Island Lakes were identified as “high priority,” based on recreational use and aquatic life. Capital improvement projects were identified to maintain or improve the quality of these lakes, including a Round Lake water quality improvement project, a Riley Lake water quality improvement project, and annual stormwater pond maintenance, repair and upgrade projects. Many of these projects will be funded at least partially by the respective Watershed Districts. Total expenditures for the City’s share of these projects ranges from $655,000 in 2003 to $834,500 in 2007, Possible funding sources identified in the plan include the City’s stormwater utility, Watershed District grants, Cash Park fees, and project-specific grants. Councilmember Case suggested that the plan indicate that although Round Lake was identified as “high priority,” the City may decide it is not feasible to maintain it as a swimming lake. Public Works Director Gene Dietz said he would ask staff to put caveats into the plan stating that the City may not be able to attain some of the standards set forth in the report. A recommendation for a goose population study will also be added. Councilmember Mosman suggested having an article with an overview of the plan in the local newspapers. She thinks residents would be interested in having this information. To: From: Date: November I, 2004 Re: Local Water Management Plan File (IC # 99-5501) Leslie A. Stovring, Environmental Coordinator Watershed District Comments - Response The following comments were received from the Nine Mile Creek, Lower Minnesota River and Riley-Purgatory-Bluff Creek Watershed Districts regarding the City’s Local Water Management Plan (LWMP). They both reference the Watershed District’s Water Management Plan (WMP) requirements. Following is a summary of the comments provided and how they were addressed. Lower Minnesota River Watershed District 1. The WMP calls for assessment ofproblems section to include those problems identij7edwithin the WMP that affect the local government. For Eden Prairie, these speciJic problems are (1) fixture expansion of the Flying Cloud Airport, (2) water quality of Rice Lake, and (3) bank and bluff erosion. The SWMP covers erosion control. However, it does not discuss Flying Cloud Airport or the water quality of Rice Lake. Work with the Flying Cloud Airport was included in Table 6.5.1, Collaborative Opportunities. This section discusses working with LMRWD and the Metropolitan Airports Commission to develop measures to reduce Nonpoint Source Pollution. Rice Lake is classified as a Natural Habitat Lake in the LWMP (see Table 1). Discussion of the future plans for Rice Lake is included in Section 5.3.2. Future studies and/or projects involving Rice Lake would be included as part of SMEP-12 (Misc. Water Quality Improvement Projects) outlined in Table 3. 2. The WMP calls for the L WMP to assess the need to establish local spill containment cleanup plans. Evaluation of this need is discdssed in Section 6.2.1. 3. The WMP requires that each L WMP dejne drainage areas and volumes, rates, and paths of stormwater runofl The L WMP shows a map of drainage areas and paths, but does not include acreage, volunies or flow rates. This data is within our Local Drainage Plan Update (1999) and in our GIS mapping of the City’s stormwater system. The City’s Public Works Department is currently updating our stormwater pond and stormwater system database and GTS mapping to provide more detailed information. Information regarding how this information was updated for the LWMP is included in Section 4.0. Funding for the annual stormwater pond system analysis and evaluation are included in Table 3 (Nonstructural Stormwater Management & Education Programs). 4. The WMP requires that each L?VMP include areas and elevations for stormwater storage. The L WMP shows a map of stormwater ponds, but does not include areas or elevations. This data is within our Local Drainage Plan Update (1999) and is being compiled and entered into a Microsoft Access database and into ArcView GIS for all ponds and wetlands where this information is available. Funding for the annual stormwater pond system analysis and evaluation are included in Table 3 (Nonstructural Stormwater Management & Education Programs). 5. wetland alteration work. The WMP requires that local governments outline their permitting process for land and The City has a Wetland Protection Ordinance (City Code Section 11.51) which includes the permitting process for those areas where the City is the Local Governmental Unit (LGU). The City is currently working on a Clean Site and Stormwater Management Ordinance that will be implemented by March 3 1, 2004. This will formalize our stormwater management policy. The current Erosion Control Policy is included with each development agreement. References for permitting and enforcement were added to Section 6.2. 6, The WMP requires L WMPs to address disturbed shoreland issues. This may be included in the Shoreland Management Ordinance, More detailed reference to the Shoreland Management Ordinance, including the fact that it addresses shoreline alterations and disturbances, was included in Section 6.2.1. 7. The WMP calls for L WMPs to require preparation of Runoff Management Plans, as defined in Section 5.13 of the WMP. Section 6.2.4 was added to address the RMP requirement. The RMP requirements will also be included in the Storniwater Management Ordinance being developed to hlfill our NPDES requirements. The ordinance will include language requiring that all Stormwater Pollution Prevention Plans (SWPPP) conform to Watershed District standards. A SWPPP will be required with the Erosion Control Permit. A copy of the proposed ordinance will be distributed for review when it is completed. 8. The WMPO requires L WMPs to delineate szibwatersheds and present detailed hydrologic information. Subwatersheds are shown on maps, however detailed hydrologic information was not provided in the L WMP. This data is within our Local Drainage Plan Update (1999) and is a part of our ArcView GIS mapping that the City is in the process of updating and completing. Section 3.4 provides basic information on our hydrologic information. Section 6.2.1 was expanded to list the information included in our databases and GIS databases. 9. The WMP requires L WMPs to consider the use of temporary surface storage and inzltration. The Stormwater management Ordinance will include language requiring evaluation of these items. Section 6.4 of the LWMP was expanded to include additional information on the use of Integrated management Practices and Best Management Practices in the design of developments. IO. The WMP requires L WMPs to set intercommunig flow rates. There are 2 small subwatersheds that discharge to the City of Bloomington. The Local Drainage Plan Update provides more information on planned and updated modeled discharge rates. The City will work with Bloomington to better identify this flow and establish agreeable intercommunity rates 11. The WMP requires LWMPs to consider control offlow rates crossing WMO boundaries or entering major waterbodies. There is no discharge crossing WMO boundaries in Eden Prairie. Planned and updated modeled discharge rates into major waterbodies are included in the Local Drainage Plan Update, along with management strategies to achieve those rates. 12. The WMP requires L WMPs to call for coordination with the LMR WD on education efforts. Section 5.4, Education and Outreach Efforts, was expanded to include discussion of collaboration opportunities with the Watershed Districts for development of educational ideas and cost sharing. The budget for our educational program, including anticipated participation by the Watershed Districts, is outlined in Table 3 under SMEP-7 as well as within individual Use Attainability Analysis budgets proposed for individual lakes. 13. The WMP calls for L WMPs to require planning and zoning authorities to maintain wetland information. The City’s Environmental Services section develops and maintains the water resource databases and ArcView GTS mapping efforts. The Public Worlts Department is also currently collecting information on the City’s storm sewer system, such as catch basin locations, for GIs. Discussion on this topic was added to Section 6.2.1. 14. The WMP requires local governments to filly undertake erosion control and enforcement. Information on the City’s standards for erosion control and enforcement was added to Section 6.2. The Stormwater Management Ordinance currently being deveIoped will provide detailed information on our requirements. 15. The TVMP requires LFMPs to identib Minnesota River blufls, show steep slopes, show areas of high erosion potential, and to adopt policies to manage these areas. This may be included in the Steep Slope Ordinance. The City’s Shoreland Management and Steep Slope Ordinances provide standards for evaluation, identification and protection of steep slope and high erosion potential areas. 16, The WMP requires L WMPs to incorporate the standards and criteria presented in Section 5.13 of the WMP. Section 7.0 of the LWMP addresses some, but not all, of the standards and criteria. Section 6.2.4 was added to reference the Runoff Management Plan requirements. In addition, the proposed City Code for Stormwater Management will include a requirement to meet all Watershed District requirements and standards as set forth in the WMPs. Riley-Purgatory-Bluff Creek Watershed District / Nine Mile Creek Watershed District 1. The Plan needs to reference the Watershed District’s 100-year frequency flood envelope for management purposes. Reference to the flood envelope requirements was added to Section 6.2.2. 2. The Plan needs to further expand on the water quality management goals and objectives as outlined in the Use Attainability Analyses(U2As) prepared by the District for the various lakes within the City. The Plan should also describe how the City intends to work with the District in the implementation of these recommendations. Sections 5.4 and 9.2 include references to the UAAs and the City’s goal to work with the Districts on projects outlined in the UAAs. Table 2 includes detailed project budgets for the UAAs which have been completed (CIP-3, CIP-4, CIP-5, CIP-10, CIP-11 , CIP-12 and CIP-17). Future projects would be funded through CIP-2 (stormwater pond repair, maintenance and upgrades) or CIP-16 (misc. drainage and erosion projects) as needed. Table 3 also includes a budget for “UAA - Misc. Water Quality Improvement Projects” for future educational opportunities and projects (SMEP-12). The LWMP does include a provision for increases in the finding if needed in Section 9.1.2. 3. The Plan should provide a description and outline of the current District permitting program. This should include the water quantity and quality requirements of the District and management practices associated with the District ’s steep slope requirements. Section 6.2.2 includes information regarding these requirements. In addition, the City’s Stormwater Management Ordinance will include a requirement that all development applications meet the Watershed District requirements. Information regarding the proposed ordinance is included in Section 6.2.1. 4. The Plan should include watershed acreages, flow rates for various storm events and stormwater management criteria, basin size and stage-volume relationships for stormwater management basins throughout the City within the District. Information regarding the City’s stormwater system can be found in our Local Drainage Plan Update (1999) and in our GIS mapping of the City’s stormwater system. The City’s Public Works Department is currently updating our stormwater pond and stonnwater system database and GIS mapping to provide more detailed information. Information regarding how this information was updated for the LW is included in Section 4.0. Section 6.2.1 includes information on what is being provided for current and fiiture databases. Funding for the annual stormwater pond system analysis and evaluation are included in Table 3 (Nonstructural Stormwater Management & Education Programs). 5. The proposed Rules and Regulations of the District promotes the use of injiltration and extended detention as a management tool for minimizing continued impacts of urbanization on downstream receiving waters and also for water quality improvement. The Plan should reference the use and implementation of these management techniques. Section 6.4 was expanded to include more information regarding the use of these types of management tools for the design of development projects. The proposed rules are referenced in paragraph one of this section. The proposed Stormwater Management Ordinance also includes a reference to the need to consider these tools. 6. The Plan should outline the coordination of educational efforts between the District and City. Section 5.4, Education and Outreach Efforts, was expanded to include discussion of collaboration opportunities with the Watershed Districts for development of educational ideas and cost sharing. The budget for our educational program, including anticipated participation by the Watershed Districts, is outlined in Table 3 under SMEP-7 as well as within individual Use Attainability Analysis budgets proposed for individual lakes. I 1 CITY COUNCIL AGENDA I DATE: DEPARTMENT/DIVISION: Community Development/ Planning Janet Jeremiah John Gertz ITEM DESCRIPTION: Riley-Jacque Barn Change Order Proposal Request Requested Action Move to: December 21,2004 ITEM NO.: vr. N. I 0 0 Approve Change Order Request A-4 for construction changes at the Riley-Jacques barn; and Approve request for Additional Fees for architectural and structural engineering services. Synopsis The City has received four proposed change order items from Miller-Dunwiddie Architects for the Riley-Jacques barn project. The proposed changes have been reviewed by the Heritage Preservation Commission (HPC) and staff. The HPC and staff recommends the City Council approve the four change order proposals. The proposed requests are as follows: PR 13 Install asphalt sidewalk, concrete sidewalk, accessible wood ramp and brush sweep, threshold and sill for lower barn doors. Cost: $3,650.67 PR 14 Supply and install sheet metal hoods over electrical panels in lower level and connect the post indicator valve and a low temperature sensor to the fire alarm system. Cost: $2,045.00 PR 15 Lower one phmbing fixture in lower level bathroom per City inspector's request. Cost: $1,115.00 PR 16 Raise and insulate water line to avoid new column footings, paint interior accessible wood ramp, install additional rain leader and elbow for north addition, install additional wood trim in bathrooms, install 1/2" plywood in dressing room and billings for electrical usage, and partition hardware. Cost: $2,701.20 Additional Fees Miller-Dunwiddie Architects is requesting approval of additional fees incurred as a result of unforeseen conditions at the new north bathroom addition, landscape services and additional time spent during the construction phase. Additional fees: $7,667.19 Cost Summary PR 13 PR 14 PR 15 PR 16 Fees To tal Attachments $ 3,650.67 2,045 .OO 1 ,I 15.00 2,70 1.20 7.667.19 $17,179.06 Letter from Miller-Dunwiddie Architects for additional fees, dated November 24,2004 123NorrhThlrd St .Stirel04 Minneapolis. Minnesota 55401 tei:612 337 0000 fJX:612 337 0031 www rnlllerdunwlddie corn November 24,2004 Mr. John Gertz Heritage Preservation Specialist City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Riley -Jacques Farm MDA Project #EP0301 Dear Mr. Gertz: As the Riley Jacques Earn project approaches completion, this letter is a request for Additional Fees for the above referenced project. The basis for the request is the amount of time it has taken to construct the project, as well as unforeseen conditions that arose during construction. This request is comprised of six parts, as follows: Additional time spent during the Construction Phase In our original proposal dated 01/24/03, we estimated that our services during the Constrcrctlon Phase would average 50 hours per month for a construction duration of 6 months for a total of 300 hours. The Pre-Construction Meeting was held on October 15, 2003, but through November 20, 2004 we have actually expended 377 hours during the 12.t month Construction Phase. The 77 excess hours have been since September 1 1 th of this year, as follows (see Attachment A): . . Principal-in-Charge: Chuck Liddy (4.0 hours @ $183.68) .......................................................... $734.72 Project Architect: Jennifer Davel (73 hours @ $64 641hour) ...................................................... $4,718.72 Sub-Total Additional Fees .......................................................................................................... $5,453.28 Additional time spent during the Construction Phase Since the close-out for the project is not yet complete, we request that additional time be added to our fee to cover the final close-out services, as well as the 10-month post-completion warranty inspection and related time next year. We propose to round the 77 additional Construction Phase hours we have spent to date to a total of 100 Construction Phase hours, as follows: . Project Architect: Jennifer Davel (23 additional hours @ $64.64/hour) ........................................ ,...$I ,486.72 Additional Structural Services During construction a number of unforeseen conditions arose that required additional Structural Engineering services. These included the foundations at the restroom area between the silo and the barn, Celebrating 40 Years of Service To Shape and Preserve lhe Environment Through Responsible, Creative Design Mr. John Gertz Rlley-Jacques Farm, MDA #EP0301 November 24,2004 Page 2 as well as the footings requested by the City at the north door stoop area. These additional Structural Services total $1,045.00. (See Attachment B) Additlonal Reimbursable Expenses In our original proposal dated 01/24/03, we had an allowance of $1,400.00 for Reimbursable Expenses. This was for delivery costs and the printing of bid sets. It did not include travel expenses, long distance charges, etc. and was based on similar costs for other similar public projects we have completed recently. However, the actual expenses incurred for those two items total $5,224.57 for printing and $278.38 for delivery, for a total of $5,502.95 (See Attachment C) This exceeds our original allowance by $4,102.95. Additional Landscape Services Brauer Associates is requesting $704.24 in Additional Fees for their extra work related to the topographic error at the north side of the barn in the survey that we received from the City. (See Attachment D) Credit for Civil Engineering Services not performed As we have discussed previously on the phone, in June, 2003 we requested Additional Fees for a number of miscellaneous services that had been requested by the City up to that time. Included in those fees was $5,125.00 for sanitary sewer design work which our consultants did not end up providing. We offer that amount as a credit against the additional costs outlined above Summary of Additional Fee Request A summary of our request for Additional Fees is as follows: Additional CA Phase architects' time .............................................................................................. $5,453.28 Additional architect's time through completion ........................................................................ $1,486.72 Additional Landscape Services ....................................................................................................... ..$704.24 Total Additional Services Request ......................................................................................... $7,667.19 Additional Structural Services ........................................................................................................ $1,045.00 * Additional Reimbursable Expenses .................................................................................................. $4,102.95 Credit for Civil Engineering Services not performed ........................................................................ ($5,125..00) To put this request in perspective, through November 20Ih we have exceeded our total current fee of approximately $94,000 by approximately $34,500. Granting of this Additlonal Fee request would help ease that situation. . . If you have any questions regarding this matter, please contact me. Otherwise, if this request is approved, please initiate the appropriate contract amendment procedure and inform me when we are able to bill for :;c;q; ... tl;edA Charles D. Lid , Jr , AIA, N A Principal V Copy Mark Miller, MDA Enclosures (U:\EP\EPO3D1\Documenlatlon\B - OwneABl Owner Carrespondence\AddFee-REVILr3 .doc) CITY COUNCIL AGENDA SERVICE AREA/DIVISION: Fire Department, George F. Esbensen ITEM DESCRIPTION: Change Order for Rescue Pumpers DATE: December 2 I, 2004 ITEM NO.: VI. 0. Requested Action Move to: Approve Change Order No. 121504 for modifications to three New Rescue Pumpers. Synopsis In August 2004, the City Council approved the purchase of three Rescue Pumpers from the low bidder, E-One, in the amount of $1,124,400. These vehicles replace two 1988 standard Pumpers, and add a Rescue Pumper to the current fleet for new fire station #4. During the pre-build construction meetings held with E-One several important features were identified as needing modifications or additions. The cost of these changes is outlined on change order no. 121504 and will total $19,785 for a new total price of $1,144,184. Attachments Change Order No. 121504 CHANGE ORDER #I21504 Date: 12/15/2004 To: Eden Prairie Fire Department Project Name: Contractor: E-One Original Contract Price: $1,124,000.00 Adjusted Contract Price: $1,144,184.00 Purchase of Three (3) Rescue Pumpers Break Down of Adjustments and Final Pricing Three E-One Rescue Pumpers Reference Bid Response dated July 25,2004 Allowances included in original bid response July 25,2004: Wiring Allowance from E-ONE bid Equipment Allowance from E-ONE bid Shelving and Equipment Allowance from E-ONE bid Subtotal Change Orders/Deletions to original bid based on final design specifications: Delete Wilburt Night Scan: EQ2B Electronic Siren Delete 6” NFPA stripe: Delete E-ONE Installed Elkhart Vulcan: Delete four telescoping quartz lights: Delete SCBA bottle storage Delete JLL light bars over rear cab doors Subtotal Change Order for Deletions Change orders/Additions to original bid after final design specifications from pre-build meeting 11/18-19 in Ocala FL. Add Command Light 3000: four lights facefiont & two face rear on tower EQ2B Electronic Siren Add fuel gauge at pump panel: Add one hose bed divider: Add one EAM installed TFT Monsoon RC PN: Y4-EP1A Monitor with Deck Gun Gun, mounted controls, Master 2000 nozzle PN: MS-ERP-NM,and electronic ($1,000) ($9,000) ($500) 1$7.500) ($13,800) ($1,000) ($685) ($6,0 1 4) ($2,021) ($1,407) ($1,002) ($25,929) $12,000 $1,000 $250 $366 * $7,600 EXTEND-A-GLJN” PN: XGA48PP-RP plumbed to existing deck gun plumbing with NPT or flange mount. Includes wireless controls, stacked tips are included. Pricing includes all pai-ts and labor to install and test (EAM Quote) Add 12 Federal Signal scene lights Add backboard storage Compartment Add recessed pike pole storage for 3 poles (6’, lo’, 12’) Note: all tubes should be 12’ Add 30 amp 110 volt outlet IPO 110V duplex (2) Add 3M opticon in light bar Add fire extinguisher storage for two in wheel wells - matched to extinguisher measurements sent to E-One Add Zolatone Black #20-06 pump panel - both sides included Add Zolatone Gray Stone #20-64 interior Add “Swirl” to compartments- Improves light reflectivity within cabinet (7) Add slide crew cab windows Add bungee cords on Hypolon cover Add extra length seatbelts like the Kellogg Brown Root Service Trucks (E One Customer) Add 4” compartment light for front bumper tray Add rear signal master LED- LED offers better visibility Add push button EQ2B switch on dash IPO floor Add shelving as discussed at preconstruction meeting 11/18-19 2004 Add CP front hubs / scotch plus with barrier seal? Add Circle D power box with four-(4) 20 Amp 110V receptacles Add shut off valves for heaters Add CD player IPO cassette Add NFPA compliment of ladders (1-lo’attic, 1-12’ roof ladder, 1-24’ two fly, Jefferson Fire) Add Task force plumbing as follows; 2-TFT Jumbo Gate Valves TFTAD9HNXST swivel 1-30 Degree elbow 5°F X 5” STOTX-Rear Intake TFTAJ3STNT 3-5 ” STORZ Cap with cable 4- Kochek 30 Degree Elbow 3” FNST X 5” STORZ X 2.5” MNST Add installation of customer supplied antennae, grounding base of IO ”diameter minimum Sub Total of Change orders for Additions Subtotal for Change orders Deletions from above Allowances outlined in bid response Net adjustment per Rescue pumper Final arljusted contract price after change orders: KOC201052 ( Jefferson Fire Quote) $325 $0 $41 5 $100 $1,800 $1,100 $650 . $0 $700 $204 $1 56 $0 $1 10 $1,131 $0 $8,702 ** $0 $558 $0 $225 $908 $2,962 $262 $41 -524 ($25,929) $6,595 $1,144,184 ($9,000) * Hose bed Partitions-locations 200’ 2-1/2 operator’s side of hose bed 1000’ 5 “LDH center of hose bed 800’ 2-1/2 Officers side ofhose bed ** Shelving breakdown-by type and quantity 3-136-01-21 shelf tracking (6) $414 3-136-01-22 shelf (1 1) $1,947 ‘3-136-02-02 rollout tray w/22” slides (4) $1,836 13-136-10-00 rollout tray (2) $430 3-136-20-15 tool board r/o (2) $1,208 3-140-00-01 partition vertical (1) $135 i3-164-04-00 air bottle rack (1) six wide x 1 high $410 $2,322 Total as noted above $8,702 3-136-20-00 rollout compartment underbody (2) Notes: Ladder Rack operations: 1 button inside on pump panel left side and one on officers side pump panel area Stokes Basket will be mounted on ladder rack There will be pump heater controls on the pump panel Wheel chocks to be mounted on underside of truck beneath L1 compartment Deck gun controls will be located interior as well as hand held remote E-One is authorized to begin production as of December 23,2004 incorporating the above changes to the original bid document. THE ABOVE CHANGES ARE APPROVED: City of Eden Prairie THE ABOVE CHANGES ARE ACCEPTED E-One, Inc. BY Nancy Tyra-Lukens, Mayor Scott Neal, City Manager CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Requested Action Move to: Approve the establishment of the Cemetery Task Force and direct the City Manager to solicit a slate of eligible taslc force members to be appointed by the City Council in January 2005. DATE: December 2 1 , 2004 ITEM NO.: VI. P. Synopsis The City Council reviewed my recommendations concerning the establishment of the Cemetery Task Force at the December 7,2004 Council Workshop. There was suggestion at the worltshop to place a member of the HPC on the task force. I have incorporated that suggestion into the task force charter document that is before the Council on December 21,2004. If approved by the Council, staff will begin immediately to solicit the community for citizens interested in serving on the task force. We will conduct a selection process and recommend a slate of task force members to the Council in January 2005. Office of the City Manager, Scott Neal Attachments City Manager Memorandum #2004-072 Cemetery Task Force Office of the City Manager Mentorandurn #2004-0 72 DATE: December 7,2004 TO: Mayor and City Council FROM: Scott H. Neal, City Manager RE: Proposed Cemetery Task Force At the Council’s December 7,2004 Workshop, I reviewed my proposal to establish a Cemetery Task Force. This task force proposal was generated in response to the direction of the City Council at the Council’s February 3,2004, workshop at which it asked staff to draft a charter statement for a new ad hoc task force to study the issues involved in the City’s management of its cemetery. The Council also had a brief follow-up discussion of this topic again at the February 17,2004, Coiincil meeting. In response to the Council’s direction on this issue, I propose the following task force process for the Cemetery Task Force: Charter Statement: The purpose of the task force is to review and make recommendations to the City Council covering three areas of cemetery management: 1, Review of the current rules and regulations used by the City to manage the operations of the cemetery. The task force should determine if the City’s rules are necessary and reasonable for the operation of the cemetery. Review the current supply of lots; demand for lots; and the City’s financial responsibilities for the future of the cemetery. Review the general aesthetics of the cemetery and recommend improvements to the grounds of the cemetery, if necessary, for inclusion in the City’s 2006-2010 Capital Improvement Plan. 2. 3. The task force would be staffed by Mr. Stu Fox, Manager of Parks and Natural Resources. Mr. Fox is our staff expert on cemetery operations. I recommend an eight-member task force that includes the following members: 1. 2. 3. 4. 5. Two members that are employees/owners/representatives of local funeral homes. Two members that are Eden Prairie citizens that own lots in the cemetery. Two members that are Eden Prairie citizens that do not own lots in the cemetery. One representative of the Eden Prairie Cemetery Board of Trustees. One member of the City’s Heritage Preservation Commission. If approved by the Council, this task force could be called into service in January 2005 and complete this task within six months. I will direct the task force to review our current operations; seek the input of Councilmembers; seek staff input; seek public input, including an outreach to the immediate neighbors of the cemetery; compare and contrast our cemetery operations with those of comparable size or in comparable communities; and discuss the City’s need for cemetery land and services in the future. I expect a final report could be presented to the Council in July 2005. CITY COUNCIL AGENDA SECTION: Consent Agenda I DEPARTMENT/DIVISION: I ITEM DESCFUPTION: 1 ITEM NO.: VI. Q. I DATE: December 21,2004 David Olson Public WorltsEngineering Requested Action Approve Declaration of Covenants and Easement for Lot 6, Block 2, Sunset Ridge Move to: Approve Declaration of Covenants and Easement for Lot 6, Block 2, Sunset Ridge. Synopsis Installation of a sanitary sewer and watermain across part of the lot, now owned by the City, will require execution of this Declaration to ensure the preservation of an easement over the installed utilities upon sale of the property. The home on 175'" Avenue has now been sold and a closing is expected by the end of January. Attachments . Declaration of Covenants and Easement Easement Exhibit DECLARATION OF COVENANTS AND EASEMENT This Declaration is made in the County of Hennepin, State ofMinnesota, on this 21st day of December, 2004, by the City of Eden Prairie, a Minnesota municipal corporation (the Declarant). WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota, legally described as Lot 6, Block 2, Sunset Ridge, Hennepin County, Minnesota, according to the plat thereof and Declarant desires to submit said real property and all improvements thereon (collectively the "Property") to this Declaration of Covenants and Easement. THEREFORE, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easement and which shall run with the Property, be binding upon all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. Section 1. Utilitv Easement. Declarant, subject to the conditions and limitations hereinafter set forth, declares and grants for the benefit of the City of Eden Prairie, its successors and assigns, a permanent easement for construction, reconstruction and maintenance of utilities, including but not limited to watermain, storm and sanitary sewer, upon, over and across the Property described as follows (hereinafter referred to as "Utility Easement") a. Utility Easement: A 15 foot easement for Utility Purposes over, under and across Lot 6, Block 2, SUNSET RIDGE, Hennepin County, Minnesota, the centerline of said easement described as follows: Commencing at the Southwest corner of said Lot 6; thence South 89 degrees 59 minutes 00 seconds East along the south line of said Lot 6 a distance of 24.05 feet to the point of beginning of the line to be described; thence North 33 degrees 48 minutes 22 seconds East a distance of 134.96 feet; thence North 73 degrees 12 minutes 03 seconds East a distance of 50.60 feet to a point on the east line of said Lot 6, Block 2 and there terminating. Along with A 20 foot easement for Utility Purposes over that part of Lot 6, Block 2, SUNSET RIDGE, Hennepin County, Minnesota, the centerline of said easement described as follows: Commencing at the Southwest corner of said Lot 6; thence South 89 degrees 59 minutes 00 seconds East along the south line of said Lot 6 a distance of 24.05 feet; thence North 33 degrees 48 minutes 22 seconds East a distance of 12.03 feet to the point of beginning of the line to be described; thence North 89 degrees 59 minutes 00 seconds West a distance of 30.74 feet to a point on the West line of said Lot 6 and there terminating. Section 2. Maintenance of Utility Easements. The City of Eden Prairie shall be responsible for any maintenance or repair ofthe pipes, catch basins, manholes, valves or other structures located with the Utility Easement (hereinafter the “Facilities.”) The Owner of the Property shall comply with all laws, rules, regulations and requirements of public authorities relating in any manner whatsoever to the Utility Easement located on the Property. Within the .Utility Easement, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. In the event maintenance or repair is required within the Utility Easement, the repair or replacement of any structure, planting or other material located within the Utility Easement shall be the responsibility ofthe Owner of the Property. Section 3. Duration. The duration ofthis Declaration shall be permanent and shall run with and bind the land and be binding upon the Owner of the Property, his or her respective legal representative, heirs, successors and assigns. Section 4. Public Dedication. This Declaration shall be deemed to be a grant or dedication of the Utility Easement, in the same manner and with the same effect, as if said Utility Easement were dedicated on the plat of the Property except as otherwise provided for herein shall. Section 5. Enforcement. This Declaration may be enforced only by the City of Eden Prairie. No provision of this Declaration inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary ofthe Declaration or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. Section 6. with the laws of the State of Minnesota. Applicable Law. This Declaration shall be governed by and construed in accordance IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. CITY OF EDEN PRAIRIE 2 By: Its City Manager STATE OF MINNESOTA 1 COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of Y 2004, by Nancy Tyra-Lultens the Mayor and Scott Neal the City Manager respectively of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public This instrument was drafted by: Richard F. Rosow Lang, Pauly, Gregerson & ROSOW, Ltd. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 (612) 338-0755 endenprairie/publicworks/Johnsoii/declaralion 1 I I504 3 EASEMENT EXHIBIT unLiTy EASEMENT OWNER: City of Eden Prairie TAXPAYER ADDRESS: 8080 Mitchell Road PROPERTY I.D. NO.: 05-116-22-32-0022 / Eden Prairie MN 55344 UTILITY EASEMENT AREA: 3,220 sq. ft. (LOT 6) / 1 S89'59'00"E LSOUTH LINE OF 188.26 '-SOUTHWEST CORNER OF LOT 6. BLOCK 2, SUNSET RIDGE LOT 6, BLOCK 2, SUNSET RIDGE I nereDy cerwy mar rnis survey, pian or report was prepared by me or under my direct supervision and that I am a I 0 30 60 'L Hansen Thorp I 1 I Pellinen Olson Inc. duly Registered Land Surveyor under the laws of the State of Minnesota. Engineers - Surveyors - Reg. No. Date: Landscape Architects Page 1 of 2 Pages CITY COUNCIL AGENDA SECTION: Public Hearing DEPARTMENTDIVISION: David Olson Public WorltsEngineering DATE: December 2 1,2004 ITEM DESCRIPTION: Vacation 04- 12 Vacation of Right-of-way for Part of Technology Drive ITEM NO.: VII. A. Requested Action Move to: 1. Close the Public Hearing; and 2. Move to: Adopt a resolution vacating the Right-of-way for part of Technology Drive as further described in the vacation resolution. Synopsis The adjacent property owner, Dri-Steem Corporation, has requested this vacation to enable ownership of the land under its driveway, which crosses the Right-of-way, to ensure access. They would also like the additional area contained within the Right-of-way to have more flexibility in connection with future building expansion in compliance with impervious surface requirements. Background Information The area requested for vacation was dedicated to the City through the plat of Hoyt Roberts Second Addition in 1986 and was used as a turn-around for Technology Drive until the roadway was extended in 1993. Public utilities may exist within the area requested for vacation, therefore, a drainage and utility easement will be preserved over the entire area. Attachments 0 Location Map 0 Site Survey 0 Vacation Detail 0 Resolution LOCATION MAP VAC. 04-12 L a wua OLL m Dt 0 7 (I~LV~VA 318 OL aamcnbm vm . ;- a ! -. - .... - ...... .- -7 ....... ............... ........ I I !I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE VACATION 04-12 WHEREAS, the City of Eden Prairie has a certain Right-of-way described as follows: Technology Drive, as dedicated in Hoyt Roberts Second Addition, according to the recorded plat thereof and situate in Hennepin County, Minnesota, except that part embraced within Minnesota Department of Transportation Right-of-way Plat 27-54, filed as Document No. 255391 5 (torrens) and Document No. 6346652 (abstract). WHEREAS, a public hearing was held on December 21, 2004, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Right-of-way has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Right-of-way is not necessary and has no interest to the public, therefore, should be vacated; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of way, an easement allowing governmental and utility company personnel and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities is to be retained. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Right-of-way as above described is hereby vacated subject to a permanent drainage and utility easement being retained over the entire parcel. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 41 2.85 1. ADOPTED by the Eden Prairie City Council on December 2 1, 2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearing DEPARTMENTDIVISION: David Olson Public WorlcsEngineering DATE: December 2 1,2004 ITEM DESCRIPTION: Vacation 04- 13 Vacation of Right-of-way for Part of West 1751h Avenue ITEM NO.: VU. B. Requested Action Move to: 1. Close the Public Hearing; and 2. Move to: Adopt a resolution vacating the Right-of-way for Part of West 175“’ Avenue as further described in the vacation resolution. Synopsis The property located at 6600 West 1751h Avenue was purchased by the City in JUIY 2004, to facilitate the construction of a gravity sanitary sewer line across the property. The existing house is not in conformance with front setback requirements, therefore, this vacation request is presented to bring the property into conformance with the standard front yard setback. Background Information This proposal considers the vacation of right-of-way necessary to provide a 30 foot setback from the front property line. The “bubble” right-of-way was dedicated through the plat of Sunset Rid e to provide the minimum front footage required per lot for R1-22 zoning. Although West 175 Avenue and West 66“’ Street were not constructed to follow the “bubble” configuration, a sanitary sewer lift station was placed within the right-of-way. The purchase of the property by the City allowed the construction of a gravity sewer main, eliminating the lift station and the need for maintenance access to the station. A drainage and utility easement will be retained over the sanitary sewer and watermain located within the proposed vacated area. a Attachments 0 Location Map 0 0 Vacation Exhibit 0 Easement Exhibit 0 Resolution Part of Sunset Ridge Plat / LOCATION MAP NORTH SITE - VAC. 04-13 'I 1 .: . r .- .. .. :. ... . . 6 -- s"-NsET RI DG-E ^I . " 'I - .... .... 2 Gl & EDEN PRAIRIE 'TOWNSHIP - HENNEPIN COUNTY, MINNESOT, I I c- 5. 5. R. L. s ?!e !W! I + End fim at' Tmcf B. R1.S. NE lOOl \ &c" c - \137.06- soww I IAN€ Ow ALi MEN BY THESE PRESENTS: Tho) we, Edward Jembeb ond Frances M.Jerabek, his wive, owners and prapriefars oP the Co\\owing ,mibed propedy situate in the County or Hennepin and State OC Minnesab \b wif: Tmd E, Regidered Land Survey N2 \OO\, fh af ,ish a! Titles, County aF Hennepin; have caused the same ta be surveyed and p\oHed as SUNSET R\DG€ and do he+ danclte and lic& \o the public ?or the DUbYiorevor the R-&- We, \he Planning and 7aning Cammission sad Planning and Zanning Cammissian SUNSET R\DG€ and m\hotiu he cedi &he -- nlen ea&.\ -- 4 L c 1,,,M, ' --J - , VACATION EXHIBIT RIGHT OF WAY VACATION VACATION AREA: 1,843 sq. ft. c I I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Reg. No. Date: SOUTHEAST CORNER-’. I k OF LOT 6 I Scale in feeti ‘I - 1 0 30 60 -I Hansen Thorp 111 I I Pellinen Olson Inc. Engineers Surveyors - Landscape Architects Vac. 04-13 EASEMENT EXHIBIT UTILITY EASEMENT unun EASEMENT AREA: 327 sq. ft. / I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a Scale in feet I - 0 30 60 Hansen Thorp I Pellinen Olson Inc. Engineers . Surveyors Landscape Architects I1 I duly Registered Land Surveyor under the laws of the State of Minnesota. Vac. 04-13 Reg. No. Date: - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 17jTH AVENUE VACATION 04-13 WHEREAS, the City of Eden Prairie has a certain Right-of-way described as follows: That part of 175'" Avenue West (formerly known as 174'" Street West) as dedicated on the plat of SUNSET RIDGE, Hennepin County, Minnesota, lying Westerly and Southwesterly of the following described line: Commencing at the Southeast corner of Lot 6, Block 2, Sunset Ridge; thence North 00 degrees 01 minutes 00 seconds East along the East line of said Lot 6 a distance of 48.64 feet to the point of beginning of the line to be described; thence North 00 degrees 01 minutes 00 seconds East a distance of 45.00 feet; thence Northwesterly along a tangential curve concave to the southwest having a radius of 60 feet, to its non-tangential intersection with the Easterly extension of the North line of Lot 6 bearing South 81 degrees 20 minutes 36 seconds East from the Northeast corner of Lot 6; thence Westerly along said Easterly extension bearing North 81 degrees 20 minutes 36 seconds West to the Northeast corner of Lot 6, and there said line terminates. WHEREAS, a public hearing was held on December 21, 2004, after due notice was given to affected prope1-Q owners and published in accordance with M.S.A. 412.85 1 ; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Right-of-way has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Right-of-way is not necessary and has no interest to the public, therefore, should be vacated; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of way, an easement allowing governmental and utility company personnel and equipment to enter upon part of the vacated right-of-way to maintain or construct additional facilities is to be retained and is described as follows: A 15 foot easement for Utility Purposes over part of vacated 175'" Avenue West, Hennepin County, Minnesota, the centerline of said easement described as follows: Commencing at the Southwest corner of Lot 6, SUNSET RIDGE, Hemepin County, Minnesota; thence South 89 degrees 59 minutes 00 seconds East along the south line of said Lot 6 a distance of 24.05 feet; thence North 33 degrees 48 minutes 22 seconds East a distance of 134.96 feet; thence North 73 degrees 12 minutes 03 seconds East a distance of 50.60 feet to a point on the east line of said lot 6, the point of beginning of the centerline to be described; thence continuing North 73 degrees 12 minutes 03 seconds East a distance of 24.33 feet to a point on the East line of vacated 175'' Avenue West and there terminating. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: Said Right-of-way as above described is hereby vacated subject to a permanent drainage and utility easement being retained over the that part of the area described above. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851, ADOPTED by the Eden Prairie City Council on December 21,2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearing Fire/Inspections George Esbensen, Kevin Schmieg DATE: December 2 1 , 2004 New Exterior Maintenance Code ITEM NO.: VII. C. Requested Action Move to: Close the Public Hearing; and Approve 1'' reading of the ordinance to amend Chapter 9 by adding a new Section 9.16 Entitled Exterior Building Maintenance Synopsis This ordinance will amend City Code Chapter 9 by adding a new Section 9. I6 relating to exterior building maintenance, and adopting by reference, City Code Chapter 1 and Section 9.99, which contain penalty provisions. The Community Planning Board voted 6 - 1 to recommend approval of the code change at the September 27, 2004 meeting. The goal of the proposed Exterior Building Maintenance Code is to require the maintenance of buildings, fences and other structures so their physical condition does not detract from the surrounding neighborhood. The objective is to proactively develop a property maintenance code that will: 0 0 0 Keep peace within neighborhoods 0 0 Maintain property values Decrease the risk of blight Decrease the concentration of crime Achieve theoretical gain in the future quality of buildings Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADDING A NEW SECTION 9.16 RELATING TO EXTERIOR BUILDING MAINTENANCE, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 9 is amended by adding Section 9.16 to read as follows: Section 9.16 Exterior Building Maintenance. Subd. 1. Declaration of Nuisance. Buildings, fences, and other structures, which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood, are declared to be public nuisances. Such structures (a) are unsightly, (b) decrease adjoining landowners’ and occupants’ enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood patterns. Subd. 2. Standards. Any building, fence, or other structure is a public nuisance if it does not comply with the following requirements: A. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. B. Every exterior surface, which has had a surface finish such as paint applied, shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish on more than ten percent (10%) of 1. 2. Any one wall or other flat surface, or All doors and windows, door and window moldings, fascia, soffit, eaves, gutters, and similar projections on any one side or surface. C. No glass, including windows and exterior light fixtures, shall be broken or cracked, and no screens shall be torn or separated from moldings. D. All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place. E. All cornices, moldings, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and fiee from cracks and defects which make them hazardous or unsightly. F. Roof surfaces shall be tight and have no defects, which admit water. All roof drainage systems shall be secured and hung properly. G. Decks, porches, fences, chimneys, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or exterior roof. H. Temporary construction fencing, including but no limited to erosion control hay bales, fabric and plastic, shall not be used in lieu of permanent fencing and when installed on construction sites shall be removed following the elimination of hazards or completion of construction projects. Subd. 3 Enforcement. A. Notice of Certain Violation. When a property or building is in violation of its Section, the Chief Building Official may issue the. property owner of record a written “Notice of Violation and Compliance Order” which shall include the following information: 1. A description of the property sufficient for identification; 2. Description of the violation(s); 3. The action required to remedy the violation(s); 4. The time within which the remedy must be completed; 5. Actions that may be taken by the City if repairs are not made in the time period specified in the Notice of Violation and Compliance Order; 6. Notice of Right of appeal. B. Civil Remedies. In addition to enforcement pursuant to Section 9.99, this Section may be enforced by injunction, action for abatement, or other appropriate civil remedy. Subd. 4. Appeals. Any person aggrieved by a Notice of Violation and Compliance Order shall have the right of appeal pursuant to City Code Section 2.80. The Council may uphold the violation, void all violations, or change any described violation by adding violations, removing violations or changing the order to repair. Subd. 5. If any provision of this Section or the application of any provision to a particular situation is held’to be invalid by a court of competent jurisdiction, the remaining portions of the Section and the application of the Section to any other situation shall not be invalidated. Severability. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage of publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the , 2004, and finally read and adopted and ordered published at a day of , 2004. day of regular meeting of the City Council of said City on the Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of Y 2004. P:\Home\EP\Exterior Maintenance Building Code\Building Maintenance Ordinance-1-090904.doc CITY COUNCIL AGENDA SECTION: DEPARTMENT/DIVISION: ITEM DESCRIPTION: Sue Kotchevar, Office of the City ManagedFinance Payment of Claims Requested Action DATE: December 2 1,2004 ITEMNO.: VIII. Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checlts Wire Transfers 13561 1 - 136001 and 136640 - 137136 2133 - 2150 and 2151 - 2155 Note: Because it was inadvertently omitted from the December 7 Council Packet, the Payment of Claims for December 7 is being approved in addition to the December 21 Payment of Claims. City of Eden Prairie Council Check Summary 12/7/2004 Division Amount 101 I02 1 IO Ill I12 113 114 I I5 I I6 I I7 I30 131 I32 133 I35 136 I37 I51 153 154 156 I57 I58 I59 I60 I61 I62 163 I64 I80 I83 I84 I85 I86 200 20 1 202 203 204 30 I 303 3 04 308 309 310 502 503 506 509 51 I 515 60 I 602 603 605 70 1 702 703 803 807 General Legislative Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Social Services Conlniunity Development Information Technology Wireless Coniniunication Economic Development Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Recreation Administration Therapeutic Recreation Oak Point Pool Arts Outdoor Center Park Rental Facilities Police Civil Defense Fire Animal Control Inspections Engineering Street Maintenance Street Liyhting Fleet Services Equipment Revolving CDBG Cemetary Operation Senior Board DWI Forfeiture Fire Fighters Fund Park Devclopiiient Utility Improvement lmproviiient Bonds 1996 CIP Fund Construction Fund Fire Station #4 Prairie Village Liquor Den Road Liquor Prairie View Liquor Den Road Building Water Fund Sewer Fund Storni Drainage Fund Escrow Fund Benefits Fund E-91 I 121,126 217 19,926 44,592 29,152 1,015 -6 639 22,136 4 1,783 43,744 20 15 1,215 81 17 2,303 576 43,126 2,779 66,845 198 752 2,049 14,348 78 74 842 330 86 10,064 75 5,989 504 315 70 19,050 5 1,759 22,988 57,637 4,459 1,207 82 1,481 75 5;211 853,762 17,825 5,344 33,743 357,266 14,372 98,5 12 15 1,708 105,823 1,113 109,831 3,033 541 6,265 771.333 Report Totals 3.171.495 City of Eden Prairie Council Check Register 12/7/2004 Check # 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 136001 136002 I36003 136004 136005 136006 136007 136008 136009 136010 I3601 1 136012 136013 136014 136015 136016 136017 136018 136019 136020 136021 136022 136023 136024 136025 136026 136027 136028 136029 136030 13603 I 136032 136033 136034 136035 136036 136037 136038 136039 136040 136041 136042 136043 136044 I36015 136046 136047 Amount 165 72,25 I 10,266 15,286 25,513 127,843 25 346 73,244 10,272 14,986 24,659 124,843 71,854 24,787 124,349 14,986 10,266 166 99 65 3,823 197 66 8,920 289 9,406 24 1 705 4,852 28,408 12,168 1,058 81 579 6,418 129 15,523 528 2,358 15,984 573 10,317 131 336 1,071 1,687 2,016 725 80 I74 I77 I67 1,215 348 68 68 2,055 I I7 67 88 16 350 633 I I5 Vendor / Explanation PUBLIC EMPLOYEES RETIREMENT AS PUBLIC EMPLOYEES RETIREMENT AS ORCHARD TRUST CO AS TRUSTEE/CU MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTAN A MINNESOTA DEPT OF REVENUE MINNESOTA DEFT OF REVENUE MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEE/CU MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A PUBLIC EMPLOYEES RETIREMENT AS MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTAN A ORCHARD TRUST CO AS TRUSTEEKU ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION CAT & FIDDLE BEVERAGE DIVINE WINE DISTRIBUTORS DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY FINE WINES FROM EUROPE GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM MORAN USA, LLC NEW FRANCE WINE COMPANY PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO SPECIALTY WINES AND BEVERAGES THORPE DISTRIBUTMG WINE COMPANY, THE WINE SOURCE INTERNATIONAL WINE MERCHANTS INC , WORLD CLASS WINES INC ARCH PAGING ATOM BIUNNO, LYNETTE CUB FOODS EDEN PRAIRIE DE LAGE LANDEN FINANCIAL SERVI DSW FITNESS FAMILY & CHILDRENS SERVICE LANCER CATERING LIDDELL, TONY R. MERLINS ACE HARDWARE MINN CHILD SUPPORT PAYMENT CTR NUTRITION DIMENSION NUTRITION DIMENSION OLEARY, JOAN PETTY CASH POLYMERIC SYSTEhlS INC PRIORITY COURIER EXPERTS ICMA RETIREMENT TRUST-457 ICMA RETIREMENT TRUST-457 ICMA RETIREMENT TRUST-457 MINNESOTA STATEWIDE 9-1-1 PROG Account Description Benefit payments Benefit payments Deferred Compensation Deferred Compensation State Taxes Withheld Benefit payments Licenses & Taxes Motor Fuels Daily Fees - Fitness Deferred Compensation Deferred Compensation State Taxes Withheld Benefit payments Benefit payments State Taxes Withheld Benefit payments Deferred Compensation Deferred Compensation Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Liquor Wine Imported Wine Imported Beer Liquor Liquor Wine Imported Wine Imported Liquor Wine Domestic Beer Misc Taxable Misc Taxable Wine Domestic Wine Imported Misc Taxable Wine Domestic Misc Non-Taxable Wine Domestic Wine Imported Wine Iniported Beer Wine Domestic Wine Imported Wine Domestic Wine Domestic Pager & Cell Phone Tuition Reimbursement/School Operating Supplies Operating Supplies Other Rentals Tuition ReimbursemenUSchool Other Contracted Services Special Event Fees Mileage & Parking Repair t Maint. Supplies Garnishment Withheld Operating Supplies Tuition ReimbursernenUSchool Tuition ReimbiirsemenUSchool Program Fee Mileage & Parking Repair & Maint Supplies Equipment Repair & Maint \ Business Unit Health and Benefits Health and Benefits General Fund General Fund Health and Benefits Health and Benefits Fleet Services Fleet Services Fitness Center General Fond General Fund Health and Benefits Health and Benefits Health and Benefits Health and Benefits Health and Benefits General Fund General Fund Den Road 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 Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village 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 Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Wireless Conimunication Police Summer Theatre Police Fire Fitness Classes Housing, Trans, & Human Sew Trips Fire Ice Arena General Fund Pol ice Fitness Classes Fitness Classes Classcs/Prograiiis/Events Economic Development Water Treatment Plant Fleet Services Check # Amount Vendor I Explanation Account Description Business Unit 136048 136049 136050 136051 136052 136053 I36054 136055 136056 136057 I36058 136059 136060 136061 136062 136063 136064 136065 136066 136067 136068 136069 136070 136071 136072 136073 136074 136075 136076 136077 136078 136079 136080 136081 136082 136083 136084 I36085 136086 136087 136088 136089 136090 136091 136092 136093 I36094 136095 I36096 I36097 136098 136099 136100 136101 136102 136103 136104 136105 136106 136107 136108 136109 I361 IO I361 I1 136 I 12 1361 13 1361 14 I361 I5 1361 16 1,481 1,033 480 14,808 54 129 6,000 15,093 91 IO 62,699 23 IO 7,704 7,360 8 45 1,050 63 117,716 176 74 162 171 173 292 250 155 158 77 74 227 176 17 1 18 202 195 I73 153 18 I I5 I89 158 77 171 158 72 146 180 176 250 86 88 80 70 I62 72 151 80 144 72 77 77 149 I7 1 I53 72 750 go QWEST QWEST COMMUNICATIONS ST PAUL. CITY OF TALE OF TWO SISTERS ABSOLUTE RAIN INC ANDERSON, PATTY CARLSON, DAN CARLSTON INC CENTERPOINT ENERGY MARKETING I GE CAPITAL KIMITCH, MIKE LEAGUE MN CITIES INS TRUST MINNESOTA POLLUTION CONTROL AG PETERSON, JOAN PRAIRIE PARTNERS SIX LLP PRAIRIEVIEW RETAIL LLC STAR TRIBUNE TOURVILLE, RUTH VERIZON DIRECTORIES COW VERIZON WIRELESS BELLEVUE XCEL ENERGY WACH, CAROL ABRAIRA, DANIEL CARLOS AFFOLTER, DONALD ALFINITO, JOHN AMUNDSON, LONDA ANDERSON, BETTY ANDERSON, BETTY J ANDERSON, JANELLE ANDERSON, KENNETH ANDERSON, RITA AUTIO, NANCY J BAKER, LISA SMITH BALCH, IRENE BARRU, HENRY J BARTOLETT, JUDITH BEAUVAIS, BERNADINE BECK, KELLY BERG, KENNETH BISSONETT, STEVEN BLACKARD, LOUISE BLETSCHER PAPA, CHRISTINE BLY, PHILIP M BOATMAN, LESTER BOEHNE, GORDON BOEHNE, JOANN D BOHLIG, PAUL BOLAND, JANET M BOLINE, DAVID BOLLER, DONNA M BOLLWEG, NANCY BRENNER, KATHRYN BRINK, LAUREY BROOKE, BRIAN BRYNDAL, MARY ANNE BUDKE, C GEORGE BULL, BRITTANY BULL, ERIC BURKHARDT, KYLE BYERS, JOYCE CANAKES, EILEEN CANTIN, RODNEY CARL, KAREN CARLSON, JOHN R CLARK, BETTY CLAUS, CARRIE COFER, MARVIN COFER, WAHLETHA BARTNESS-STENGRIM, MYRNA Telephone Pager & Cell Phone Tuition Reirnbmement/School Special Event Fees Contract Svcs - Lawn Maint. Mileage & Parking Tuition ReimbursemenVSchool Deposits Gas Other Rentals Program Fee Prepaid Expenses Licenses & Taxes Program Fee Building Rental Building Rental Misc Non-Taxable Program Fee Advertising Pager & Cell Phone Electric Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits WagesNo Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits E-91 1 Program Police Police ClassesProgramsEvents Fire Station # 1 Community Center Admin Police Escrow Maintenance General Outdoor Center General Fund Sewer Utility - General ClassesProgramslEvents Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store ClasseslPrograrnslEvents Prairie Village Liquor Store Street Maintenance Traffic Signals Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Check # 1361 17 1361 18 I361 19 136120 136121 136122 136123 136124 136125 136126 136127 136128 136129 136130 136131 136132 136133 136134 136135 136136 136137 136138 136139 136140 136141 136142 136143 136144 136145 136146 136147 136148 136149 136150 136151 136152 136153 136154 136155 136156 136157 136158 136159 136160 136161 136162 136163 136164 136165 136166 136167 136168 136169 136170 I36171 136172 136173 136174 136175 136176 136177 136178 136179 136180 136181 136182 136183 136184 136185 Amount 122 135 212 80 167 72 1 I3 I80 149 180 149 149 171 95 176 I62 171 195 I17 196 72 149 146 171 72 181 82 23 5 I58 149 72 149 153 23 5 90 I76 116 158 68 166 176 80 250 I52 72 90 I73 72 80 80 72 I58 72 72 171 I90 I67 74 90 149 1 I5 164 158 158 97 176 86 155 Vendor I Explanation COLLA, KATHARINE B CONBOY, NANCY CONNORS, PETE COSTELLO, RORI COURT, ARNOLD CRICHTON, DANNY CROSBY, JOYCE CURTIS, CRAIG CUTHILL, CAROLYN CUTHILL, ROBERT T DALY, JANE DAVIS, MARY B DAWE, ROBIN DEZENSKI, SUSAN DIEDE, MIKE DILLING, LORRAINE DOAN, CAN C DOCTER, GRETCHEN K. DODD, HELEN DOLLERSCHELL, JOHN DORR, GRETCHEN DREYER, HAROLD DUFFY, JOHN DUVICK, LOIS DWORAK, MARTHA EGGEBRECHT, WANDA EIDE, CHRISTINA EIDE, JANE ELLIOTf, YING ELLISON, CAROL E ELLISON, LORETTA M ENGELSTAD, CALVIN FIFIELD, DOROTHY FITZSIMMONS, MARGARET FORD, RICHARD G FRANTZ, DIANNE FRISVOLD, CHERI GARST, RUTH GHERITY, MARJORY GILBERT, GORDON GILBERT, JUNE GILBERTSON, AUSTIN GJERSVIK, CAROL GOLDBERG, JOSH GOLDMAN, KRISTINE GORDON, ELAINE M GORMAN, ROBERTA GRANDE, CARL GRANDELIS, ALEXANDRA GRANDELIS, TONY GRIER, RALPH GROTH, MAUREEN HAAS, GERALD HAAS, RHODA C HANSEN, JOHN HANSEN, KERMIT P HANSEN, MATTHEW D HANSON, JUNE HANSON, KATHERINE HANSON, RUSSELL W HANSON. DONALD F HARRIS, MARCY HAWKINS, GLENDA HEDBERG, SUSAN HIGGINS, ROBERT HILK, ROSEMARIE HOFSTEDT, CARLY HOLLINGSWORTH, KAREN 158 HOOD, CHARLOTTE Account Description Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wagcs No Bencfits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benetits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Bencfits Wages No Benefits Wages No Benefits Wages No Benefits Business Unit Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Check !4 Amount Vendor I Explanation Account Description Business Unit 136186 136187 136188 136189 136190 136191 136192 136193 136194 136195 136196 136197 136198 136199 I36200 136201 136202 136203 136204 136205 136206 136207 136208 136209 136210 13621 I 136212 . 136213 136214 136215 136216 136217 136218 136219 136220 136221 136222 136223 136224 136225 136226 136227 I36228 136229 136230 136231 136232 136233 136234 136235 136236 136237 136238 136239 136240 136241 136242 1 3 6243 I36244 136245 136246 136247 136248 136249 136250 136251 136252 136253 136254 171 108 23 5 80 158 90 162 146 108 79 97 146 68 90 153 95 72 I08 90 78 70 68 72 158 200 63 144 90 146 95 72 72 72 189 180 80 86 I08 72 80 83 162 149 230 68 80 146 149 189 162 72 144 169 149 149 I85 180 86 158 76 158 160 108 245 207 149 64 72 90 HORN, JIM HOWDEN, ARLENE ISMAIL, ISMAIL A JACOBSEN, KATHLYN JOHNSON, EULA JOHNSON, TRACY L JOYCECHILD, LISA DE\WEY KADIESKY, JANlCE KALLENBACH, DONALD KARLBERG, MARY KELLY, J ROBERT KEMPER, MARILYN A KING, SARA KINGHORN, KATHY RLEVEN, GRACE KLOTFI, DOREEN KLUKAS, CAITLIN KNIGHT, JOEL KNUDSON, STANLEY G KOCH, KYLE KRAEMER, KRYSTAL KRAUSE, DOLORES KRAUSE, JUDY KRUEGER, MARK KUCFI, BONNIE VEVERKA KUYAVA, JENNIFER LAFRENZ, JODEEN LAMPI, KAREN LAWLESS, RUTH LEASURE, JAN LEGLER, HERBERT LEGLER, MARILYN LIERMANN, MARY J LINAK, JAMES LINDELOF, HEIDI LITTLE, NANCY LOOMIS, MAJORIE LUNDQUIST, JOHN MACKMILLER, MARTHA MACMILLAN, GENEVA MADDY, VICKI MALLO, JOHN E MANNING, JODY MARTINSON, LYDIA MARTINY, KEITH MATTHEIS, DUANE MCKELVEY, MARY MCKLOSKEY, JUDY MEEHAN, ANN MEESE, MARILYN MEISSNER, LOIS A. MERRIMAN, FRANCIS MEUWISSEN, ANDREW MICHLIN, JACLYN MILLBERG, CHUCK MILLBERG, KATHLEEN MILLER, JAMES W. MILLER, THERESE MISHRA, PINAKI MONSON, CLARENCE MONSON, DOROTHY MORRIS ACKERMAN, JENNIFER MORSHARE, ROBERTN MORSHARE, ROSEMARY MOSER, BERNADINE MULVEHILL, MOLLY MUNSON, LOIS MURPHY, DONNA LEVI-MCLOUDEN, GAYLE Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wagcs No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits' Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections, Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Check 3 Amount Vendor I Explanation Account Description Business Unit 136255 136256 136257 136258 136259 136260 136261 136262 136263 136264 136265 136266 136267 136268 136269 136270 136271 I36272 136273 136274 136275 I36276 136277 136278 136279 136280 136281 136282 136283 136284 136285 136286 136287 136288 136289 136290 136291 I36292 I36293 136294 136295 I36296 136297 136298 I36299 136300 136301 136302 136303 136304 136305 136306 136307 136308 136309 136310 136311 136312 136313 136314 I363 I5 136316 136317 I363 18 136319 136320 136321 136322 136323 86 119 135 187 171 80 158 151 171 95 153 I84 84 59 27 176 158 95 I49 140 90 72 171 68 90 I67 200 218 64 80 72 180 149 162 72 74 158 158 158 210 80 90 72 181 155 149 80 158 I84 72 74 50 64 72 72 72 86 12 189 90 77 185 94 86 167 72 176 80 101 MURRAY, MARY SUE NEILSON, JANET NELSON, DONALD A NESS, MARY D. NICHOLSON, KAY NIELSEN, ERIK NIERMAN, MARY NIPPER, VICTORIA E NOMURA, KATHERINE L. NONDORF, KAREN NONDORF, RICK NORMAN, KAREN NYLANDER, KATE O'LEARY, JOAN OFTELIE, SUE OLSON, ALAN K OLSON, GORDON OLSON, GREG OLSON, JANET OSTENSON, JACKIE OSTERGAARD, JANE OTTUM, BEVERLY OWINGS, DENNIS PARENDO, ANTHONY PAYNE, RACHEL PETERS, JOHN T PETERSON, GERALDINE J PICKLE, MICHELLE PITMAN, KELLY PITZRICK, DEBORAH A PITZRICK, GERALD POLING, CHERYL PRALLE, KAY PRATT, SUSAN L. PROOPS, RICHARD MITCH, NORMA RAKOCY, HOLLY RAMUNNO, JANE RANNOW, JIM REICHERT, ANNA REINHART, CAROL RENK, BERNARD J RISCHMILLER, DAWN ROGERS, KAREN ROSE, KYLE ROSS, JENNIFER RUMMEL, ROSA SCHLEICHER, GORDON SCHLEICHER, LAVERNE SCHNEIDER, BRENT SCHNEIDER, LAURA SCHROEDER, NORA SCHRUPP, AGNES SCHULTZ, HERBERT SCHWOB, DONNA SCHWOB, THOMAS W SEEBECK, KATHY SEELYE, KRISTIANNE SENS, JOHN SHOLD, DAVID P SHUMATE, SANDRA SIMENSON, GLADYS SLATOR, PATRICK SLETTEN, LOLA SLOCUM, STEPHEN SMITH, DAVID SMITH, GLORIA PELLAR-PRICE, VICKI RUGGLES, DY-ANNA Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benetits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benetits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Check # Amount Vendor / Explanation Account Description Business Unit 136324 136325 136326 136327 136328 136329 136330 13633 1 136332 136333 136334 136335 136336 136337 136338 136339 136340 136341 136342 136343 136344 136345 136346 I36347 136348 136349 136350 136351 136352 136353 136354 136355 136356 136357 136358 136359 136360 136361 136362 136363 136364 136365 136366 136367 136368 136369 136370 136371 136372 136373 136374 136375 136376 136377 136378 136379 136380 136381 136382 136383 136384 136385 136386 136387 136388 136389 136390 136391 136392 90 I49 200 41 72 72 68 72 151 167 I58 I76 158 195 72 72 72 76 117 86 77 249 64 153 167 149 153 158 74 144 77 149 77 149 80 I62 I93 74 72 169 158 149 64 86 82 108 272 108 IO 1 183 149 158 171 176 63 I80 I7 I 171 146 167 225 107 54 5,227 13,300 2,472 15,666 351 462 STARK, MARY JO STARR, BRAD R STALJNER, GERALD J STEIN, THOMAS STEINMETZ, BARBARA A STENDER, PATRICIA STENDER, SAMUEL STENSWICK, V BRUCE STEWART, DOUGLAS STEWART, GRACE STEWART, SUSAN SUNDELL, PAUL SWAIM, BONNY SWITZER, MARILYN TAGGATZ, ELEANOR M TAGGATZ, EUGENE K TAKETA, CONNOR THIELMAN, LEAANN THOMPSON, GERALD THOMPSON, JANE THOMPSON, NANCY J THORNE, AMANDA TKACH, GEORGE TORKELSON, MARILY" TORMOEN, JOEL TORNOE, JACQUELINE TOSKEY, JULlE TRANTINA, SCOTT TRAUGHBER, KRlSTIN TYNER, PAMELA TYNER, WARREN JOSEPI-I TYRA, CLAIRE USHER, RAND1 VAN OSDALE, MARC VAN REMORTEL, JO M VICKMAN, KAREN VINELLA, FRANK VINELLLA, IRENE VOGEL, MARY VOORHEES, MARK WAGNER, EVELYN WAGNER, RACHEL WALZ, THOMAS WEAVER, AMY WEAVER, LAUREN WESTREM, MARY WIKLUND, JEAN WILLIAMS, DOLORES WILLIAMSON, MARGARET WILSON, JAMES WILSON, JOANNE M WINANS, ARNESTER WISSNER, MARY JANE WITTENBERG, MARIE WITTICH, JANE WUTTKE, NORMA ZIEMER, BARBARA ZIMMERLEY, KATHIE ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAND PERE WINES INC GRAPE BEGINNINGS STRONG-SCHMITZ, ANN WILLIAMS, EUGENIA T. . Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benetits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Misc Non-Taxable Repair & Maint. Supplies Misc Non-Tasable Operating Supplies Beer Wine Imported Beer Wine Imported Wine Domestic Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elcctions Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Check iY Amount Vendor / Explanation GRlGGS COOPER & CO HOHENSTEINS MC JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING QUALITY WINE & SPIRITS CO SPECIALTY WINES AND BEVERAGES THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC A MEYER'S ENTERPRISES INC AARP 55 ALIVE MATURE DRIVING AT&T BOLD, PAULINE BOYER TRUCKS SO. ST. PAUL CAMPOS, LORI CHOICE INC CRIMINALISTICS INC DE LAGE LANDEN FINANCIAL SERVI DENNY'S 5TH AVENUE BAKERY DILLON, JOAN EXPRESS MESSENGER SYSTEMS INC FOREMOST PROMOTIONS GOOD, JAMIE GREGERSON ROSOW JOHNSON & NILA HANLON, KIM HOME DEPOT CREDIT SERVICES HOY, LOIS HUSBY, GLORIA ICRESS, CARLA LASTAVICH, STEVE METRO SALES INCORPORATED* MFSCB MINNESOTA VALLEY ELECTRIC COOP PITNEY BOWES INC PORTA, KITTY POSTAGE BY PHONE RESERVE ACCOU PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO QWEST SCHELL, GEORGE SEARS COMMERCIAL ONE STATE OF MINNESOTA VERIZON WIRELESS BELLEVUE ALLDATA AMERICAN DEMOGRAPHICS APCO INTERNATIONAL APPRAISAL INSTITUTE MINNESOTA CHIEFS OF POLICE ASS MINNESOTA RURAL WATER ASSOCIAT NNDCNCDC PLYMOUTH PLAYHOUSE FEDEX GE CAPITAL HUSBY, GLORIA KALKES, JAYNA MIDWESTERN NEUROPSYCHOLOGY PLL MINNESOTA DEPT OF LABOR AND IN NILSSEN, BETH POWER SYSTEMS QUICKSILVER EXPRESS COURIER QWEST WALMART COMMUNITY ZWEBER, MARTHA ANAMAX GREASE SERVICES LLC Account Description Business Unit 136393 136394 136396 136397 136398 136399 136400 136401 136403 136404 136405 136406 136407 136408 136409 136410 136411 136412 136413 136414 136415 136416 136417 136418 136419 136420 136421 136422 136423 136424 136426 136427 136428 I36429 136430 136431 136432 136433 136434 136435 136436 136437 136438 I36439 136440 136441 136442 136443 136444 136445 136446 136447 136448 136449 136450 136451 136452 136453 136454 136455 136456 136457 136458 136459 136460 136461 136462 136463 136464 9,213 816 31,508 9,508 309 3,574 8,203 Ill 16,822 143 21,515 1,377 1,980 325 80 160 82 I GO 57,637 80 I78 555 519 97 120 20 264 470 42,692 64 2,780 38 38 64 1,980 2,109 330 I16 344 I20 3,000 2.32 1 397 170 77 1,578 16 181 1,500 58 24 0 48 75 195 34 100 161 85 38 149 1,170 20 3,030 43 3 15 233 940 20 88 Liquor Beer Liquor Beer Misc Taxable Wine Imported Wine Domestic Misc Taxable Wine Domestic Liquor Beer Wine Domestic Wine Domestic Wine Domestic Instructor Service Other Contracted Services Pager & Cell Phone Instructor Service Autos Instructor Service Other Contracted Services Capital Under $2,000 Other Rentals Fire Prevention Supplies Other Contracted Services Postage Fire Prevention Supplies Clothing & Uniforms Legal Repair & Maint. Supplies Rcpair & Maint. Supplies Program Fee Program Fee Special Event Fees Improvements to Land Other Rentals Employment Support Test Electric Othcr Rentals Mileage & Parking Postage Wine Imported Wine Domestic Telephone Operating Supplies Small Tools Operating Supplies Pager & Cell Phone Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Prepaid Expenses Postage Other Rentals Program Fee Awards Other Contracted Services Licenses & Taxes Instructor Service Repair & Maint. Supplies Postage Telephone Operating Supplies Progrm Fee Operating Supplies Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Dcn Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Outdoor Center Classes/ProgramslEvents Water System Maintenance Outdoor Center Public Works Outdoor Center Prairie Village Liquor Store Fleet Services General Fire Trips Assessing Fire Fire General Fire Maintenance Classes/ProgramslEve~its Classcs/Programs/Even ts Classes/Programs/Evcnts Park Acquisition & Development General Fire Capital Impr. / Maint. Fund General Records Management General Den Road Liquor Store Prairie View Liquor Store City Hall - CAM Senior Board City Hall - CAM Fleet Services Water Utility - General General Fund General Fund General Fund General Fund General Fund Water Enterprise Fund Water Enterprise Fund Gcneral Fund General General Classes/Progranis/Events Employee Benefits Risk Management Water Treatment Plant Ice Arena Fitness Center Communication Services Water Utility - General Teen Programs ClasseslProgmlEvents Maintenance Check # Amount Vendor I Explanation Account Description Business Unit 136465 136466 136467 136468 136469 136470 136471 136472 136473 136474 136475 136476 136477 136478 I36479 136480 136481 136482 136483 136484 136485 136486 136487 136488 136489 136490 136491 136492 136493 136494 136495 136496 136497 136498 136499 136500 136501 136502 136503 136504 136505 136506 136507 I36508 136509 136510 1365 I I 136512 136513 I365 I4 136515 136516 136517 136.518 136519 136520 136521 136522 136523 136524 136525 136526 136527 136528 136529 136530 13653 1 136532 136533 425 242 424 48 453 144 450 85 90 75 175,068 456 345 41 10 282 198 265 100 266 215 48 3,545 654 75 4.171 128 14,429 1,145 666 84 1 198 2,620 I20 4,303 4,693 119 32,950 6 I6 2,304 3,190 64 13,537 145 5,21 I 6,124 226 1,064 1,001 29 1,776 54 1 41 77 2,844 1.936 24,068 114 21,707 64,990 257 672 116 170 209 522 6 2,503 50 ASPEN WASTE SYSTEMS INC. BOGREN, ANN BRANDL ANDERSON HOMES INC. EIECAM, MICHELLE FREY, LYNDELL HANLON, STEVE HEMKER WILDLIFE PARIC HODNE, KERRY JONES, PHIL MALL OF AMEREICA MEDICA CHOICE MEDICINE LAKE TOURS PICKLE, BRAD PRIORITY COURIER EXPERTS RICHFIELD, CITY OF STOCKWELL, WENDELL TARGET CENTER WASHINGTON COUNTY SHERIFF'S DE WERTS, SANDY WOLFGRAM, JOHN WONDERWEAVERS ZEPPER, CHANNON A P LAWN INC A TO Z RENTAL CENTER ABC MINNEAPOLIS LLC ABSOLUTE RAIN INC. ADAMS PEST CONTROL INC AMERICAN LIBERTY CONSTRUCTION, ANCHOR PAPER COMPANY APACHE GROUP AUTOMATED ENTRANCE PRODUCTS IN BAUER BUILT TIRE AND BATTERY BCARRAINING & DEVELOPMENT BECKER ARENA PRODUCTS INC BENIEK PROPERTY SERVICES INC. BERTELSON OFFICE PLUS BITUMINOUS ROADWAYS INC BLOOMINGTON SECURITY SOLUTIONS BOB GILBERTSON ADVERTISING BOYER TRUCKS SO. ST. PAUL BRAUN INTERTEC CORPORATION BRYAN ROCK PRODUCTS INC C P A T DISTRIBUTION INC CARDIAC SCIENCE INC CARLSON'S TREE SERVICE CDW GOVERNMENT INC. CEMSTONE PRODUCTS COMPANY CORPORATE EXPRESS AMSAN BRISSMAN-KENNEDY CROWN MARKlNG INC . CUTLER-MAGNER COMPANY CY'S UNIFORMS D'AMICO AND SONS DALE GREEN COMPANY, THE DAVIES WATER EQUIPMENT CO DECORATIVE DESIGNS INC DELANO ERICKSON ARCHITECTS DELEGARD TOOL CO DIVERSE BUILDING MAINTENANCE DMJ CORPORATION DNR SCREEN PRINTING INC DOHERTY, SANDRA L ECOLAB INC EDEN PRAIRIE CHAMBER OF COMMER EDEN PRAIRIE ROTARY CLUB EKLOF DOCKS EMERGENCY AUTOMOTIVE TECHNOLOG ENVIRONMENTAL SYSTEMS INC ERICKSEN, LIZ Waste Disposal Tuition ReimbursementlSchool Building Permits Lessons & Classes Mileage & Parking AR Utility Other Contracted Services Employment Support Test Employment Support Test Operating Supplies Benefit payments Special Event Fees Operating Supplies Equipment Repair & Maint Operating Supplies Tuition Reimbursement/SchooI Special Event Fees Deposits Petty Cash & Change Funds Fire Prevention Supplies Other Contracted Services Lessons & Classes Contract Svcs - Lawn Maint. Other Rentals Operating Supplies Contract Svcs - Lawn Maint. Contract Svcs - Pest Control Building Capital Under $2,000 Office Supplies CH Robinson - Op. Supplies Building Repair & Maint. Equipment Parts Tuition Rei~nbursetnenVSchool Repair & Maint. Supplies Contract Svcs - Snow Removal Office Supplies Improvement Contracts Contract Svcs - Security Fire Prevention Supplies Equipment Repair & Maint Other Contracted Services Gravel Training Supplies Capital Undcr $2,000 Othcr Contracted Services Operating Supplies Repair & Maint. Supplies Office Supplies Operating Supplies Chemicals Clothing & Uniforms Operating Supplies Landscape Materials/Supp Machinery & Equipment Other Contracted Services Building Small Tools Janitor Service Improvement Contracts Awards Other Contracted Services Contract Svcs - Pest Control Miscellaneous Dues & Subscriptions Other Contracted Services Equipment Repair & Maint Other Rentds Other Contracted Services Fire Station #5 Police General Fund Fimess Classes Athletic Programs Admin Water Enterprise Fund Cummins House Special Events Fire Fire Park Maintenance Health and Benefits CIasses/Prograins~veii~ Girls on the Run Fleet Services Fleet Services In Service Training Preschool Events Escrow General Fund Fire Cummins House Special Evcnts Fitness Classes Fire Station ff 1 Ice Arena DWI Forfeiture Fire Station #3 Den Bldg. - CAM Park Acquisition & Development Capital Outlay Police City Ctr -Tenant Direct Costs Den Road Liquor Store Fleet Services Police Ice Arena City Hall - CAM Water Utility - General Capital Impr. / Maint. Fund Community Center Fire Fleet Services Charlson Area Construction Water System Maintenance Fire Fire Fighters Fund Tree Removal Police Storm Drainage Police City Clerk Water Treatment Plant Police Fire Street Maintenance Water System Maintenance Water Treatment Plant Park Acquisition & Development Fleet Services City Hall - CAM Construction Fund Basketball Volleyball Fire Station #3 In Service Training City Council Park Maintenance Fleet Services Fleet Services Basketball Check # Amount Vendor I Explanation Account Description Business Unit 136534 136535 136536 136537 136538 136539 136540 136541 136542 136543 136544 136545 136546 136547 136548 136549 136550 136551 136552 136553 136554 136555 136556 136557 I36558 136559 136560 136561 136562 136563 136564 136565 136566 136567 136568 136569 136570 136571 136572 136573 136574 136575 136576 136577 136578 136579 136580 136581 136582 136583 136584 136585 136586 136587 136588 136589 136590 136591 136592 136593 136594 136595 136596 136597 136598 136599 136600 136601 136602 269 16,403 14 1 800 275 1,575 11 13,865 976 243 39 1,112 20 2,4 13 1,919 215 1 12,000 168 504 504 8,006 232 666 3 16 363 2,267 276 2,300 50 1,200 I I3 I02 525 70 99 105 4,459 8,302 90 6,07 1 1,510 259 67 10,003 650 104 21,751 12 33 365 84 307 1,973 578 224 288,296 96 53 58 494 6,342 44 1,235 1,946 51 20,077 1,262 1,258 6S2,9 IO FERRELLGAS FINLEY BROS INC FlRE INSTRUCTORS ASSN OF MN FLAIR FOUNTAINS 02 FORE MECHANICAL, INC FOSS EXTERIORS LLC FRAMEWORKS, THE G & K SERVICES GARTNER REFRIGERATION & MFG IN GOLDEN VALLEY SUPPLY CO GRAINGER GRAYBOW COMMUNICATIONS GROUP HANSEN THORP PELLINEN OLSON HAWKINS WATER TREATMENT GROUP HENNEPIN COUNTY TREASURER HENRY, PAUL HOLMES, JOHN CARTER HOLMES, TOM HOUSE OF PRINT HUEBSCH INNOVATIVE GRAPHICS INTEREUM INC J H LARSON COMPANY J J KELLER & ASSOCIATES INC JANEX INC JW PEPPER & SON INC KENNETH COMPANIES INC KUSTOM SIGNALS INC LAN0 EQUIPMENT INC LAW BULLETM PUBLlSHING CO LEROY JOB TRUCKING INC LESCO INC LIFE SAFETY SYSTEMS LUND MARTIN CONSTRUCTION INC MACQUEEN EQUIPMENT INC MARKS EDEN PRAIRIE BP MARSDEN BLDG MAINTENANCE MENARDS METRO BRUSH & SUPPLY METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MIDWEST DESIGN CO MINNESOTA CONWAY MINNESOTA DEPT OF HEALTH MINNESOTA GLOVE INC MINNESOTA ROADWAYS CO MONSTER INC MONTBRIAND, STEVE MOORE MEDICAL CORP NATIONAL WATERWORKS NEPM NORTHERN SAFETY TECHNOLOGY INC NORTHWEST ASPHALT NUCO2 INC OLSEN COMPANIES PARK NICOLLET CLINIC PENSKE TRUCK LEASING CO LP PERNSTEINER CREATIVE GROUP INC PETSMART PLEHAL BLACKTOPPING INC PRAIRIE ELECTRIC COMPANY PRINTERS SERVICE INC PUSH PEDAL PULL REBS htARIiETING RED WING SHOE STORE RILEY PURGATORY BLUFF CREEK WA G & K SERVICES-MPLS NDUSTRIAL GOPHER STATE ONE-CALL INC J-CRAFT DIV OF CRYSTEEL MFG IN Motor Fuels Building Materials Training Supplies Other Contracted Sem’ces Contract Svcs - HVAC Other Contracted Services Supplies - Security Clothing & Uniforms Cleaning Supplies Equipment Repair & Maint Supplies - General Bldg Other Contracted Services Equipment Parts Capital Under $2,000 Design & Engineering Chemicals Principal Other Contracted Services Other Contracted Services Other Contracted Services Printing Ch Robinson - Supplies Operating Supplies Contract Svcs - Gen. Bldg Supplies - Electrical Training Supplies Equipment Parts Janitor Service Operating Supplies Other Contracted Services Equipment Repair & Maint Equipment Parts Other Contracted Services Other Contracted Services Landscape Materials/Supp Contract Svcs - Fire/Life/SEty Building Equipment Repair & Maint Equipment Repair & Maint CII Robinson Janitor Service Operating Supplies Equipment Parts Equipment Repair & Maint Waste BlacktoplConcrete Other Contracted Services Operating Supplies Miscellaneous Safety Supplies Patching Asphalt Employment Advertising Other Contracted Services Safety Supplies Repair & Maint. Supplies Fire Prevention Supplies Equipment Parts Improvement Contracts Chemicals Operating Supplies Conference Expense Other Rentals Other Contracted Services Canine Supplies Other Rentals Contract Svcs - Electrical Repair & Maint. Supplies Other Assets Other Contracted Services Clothing & Uniforms Improvements to Land Ice Arena Park Maintenance Fire Park Acquisition & Development Public WorWarks Flying Cloud Fields City Center Operations Street Maintenance Water Treatment Plant Ice Arena City Hall - CAM Water System Maintenance Fleet Services City Center Operations Utility Improvement Fund Water Treatment Plant Park Acquisition & Development Volleyball Volleyball Volleyball Community Brochure City Ctr - Tenant Direct Costs Police City Center Operations City Hall - CAM Water Utility - General Fleet Services City Center Operations Community Band Pleasant Hill Cemetary Police Fleet Scrvices Economic Development Animal Control Park Maintenance City Hall - CAM CDBG Fund Fleet Services Police City Ctr - Tenant Direct Costs Park Maintenance Maintenance Fleet Services Street Maintenance Human Resources Fire Water System Sample Fleet Services Street Maintenance Human Resources Basketball Fire Storm Drainage Fire Fleet Services Construction Fund Pool Maintenance Traffic Signals Risk Management Elections Community Brochure Police Street Maintenance Fire Station #I Ice Arena Capital Outlay Water Accounting Park Maintenance Park Acquisition & Development Check 8 136603 136604 136605 136606 136607 136608 136609 136610 13661 I 136612 136613 136614 136615 136616 136617 136618 136619 136620 136621 136622 I36623 136624 136625 136626 136627 136628 I36629 136630 136631 136632 136633 136634 136635 136636 136637 136638 136639 Amount 16,987 47 150 675 18,288 359 402 3,486 5,047 140 122 3,091 194 4,435 549 4,276 98 1 290 2,151 9.856 38 1,600 29 8 1,252 151 242 15,538 43 0 126 5,520 1,539 43 138 84 4,7 I7 597 - 96 1 3,171,495 Vendor / Explanation RhfR SYSTEMS INC SCOTT COMPANY SCRAP METAL PROCESSORS INC SHERWIN WILLIAMS SHORT ELLIOTT HENDRICKSON INC SIERRA CORPORATION SIGHTLINE DISPLAYS, LLC SIGNSOURCE SM HENTGES & SONS INC SNAP-ON TOOLS SOUTHWEST SUBURBAN PUBLISHING- SRF CONSULTING GROUP INC STEMPF AUTOMOTIVE INDUSTRIES I STREICHERS SUBURBAN CHEVROLET SUMMIT ENVIROSOLUTIONS SUN NEWSPAPERS S WEDLUNDS SYNERGY GRAPHICS INC TKDA TOM'S WINDOW CLEANING TRANS ALARM INC TWIN CITY OXYGEN CO U S LAWNS OF TWIN CITIES UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC VICTOR CARLSON & SONS INC VOSS LIGHTING VWR INTERNATIONAL INC WALL TRENDS INC WATER SPECIALTY OF MN INC WAYTEK INC WEST WELD WESTSIDE EQUIPMENT YALE MECHANICAL INC ZIEGLER INC WORK CONNECTION-BPARK Grand Total Account Description Other Contracted Services Operating Supplies Equipment Repair & Maint Equipment Repair & Maint Other Contracted Services Equipment Parts Repair & Maint. Supplies Contract Svcs -Gem Bldg Improvement Contracts Small Tools Advertising Design & Engineering Equipment Parts Clothing & Unifonns Equipment Parts Other Contracted Services Legal Notices Publishing Waste Disposal Printing Design & Engineering Window Cleaning Contract Svcs -Security Lubricants & Additives Other Contracted Services Operating Supplies Equipment Parts Other Contracted Services Repair & Maint. Supplies Operating Supplies Contract Svcs - General Bldg Chemicals Operating Supplies Equipment Parts Equipmcnt Repair & Maint Other Contracted Services Contract Svcs - HVAC Equipment Parts Business Unit Utility Improvement Fund Police Fleet Services Traffic Signals Fire Station #4 Fleet Services Ice Arena City Center Operations Improvement Projects 1996 Fleet Services Utility Improvement Fund Improvement Projects 1996 Fleet Services Police Fleet Services Utility Improvement Fund City Clerk Outdoor Center Elections Utility Improvement Fund Den Bldg. - Direct Pub1 ic WorkslParks Fleet Services Park Maintenance Police Fleet Services Park Maintenance Maintenance Water Treatment Plant Senior Center Pool Maintenance Park Maintenance Fleet Services Fleet Services Park Maintenance Community Center Fleet Services City ofEden Prairie Council Check Summary 1212 I12004 Division 101 110 111 112 113 114 115 116 I I7 I30 131 132 I33 I35 136 I37 150 151 153 154 156 157 158 I59 160 I61 162 180 183 I84 I85 186 200 20 1 202 203 204 30 1 304 316 409 416 417 502 503 506 509 511 60 I 602 603 605 70 1 702 703 800 803 807 General Legislative City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Social Services Community Development Information Technology Wireless Communication Economic Development Park Administration Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Recreation Administration Therapeutic Recreation Oak Point Pool Arts Police Civil Defense Fire Animal Control Inspections Engineering Street Maintenance Street Lighting Fleet Services Equipment Revolving CDBG Senior Board WAFTA Improvement Bonds 1998A Certificate Debt Fund $3,390,000 Facility Bond 2000 Park Development Utility Improvement lmprovment Bonds 1996 CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Den Road Building Water Fund Sewer Fund Storni Drainage Fund TIF Escrow Fund Benefits Fund Amount 29,483 876 11,667 365 28,522 152 157 16,947 25,667 89 415 47 464 63,193 6,703 53 8,966 52,3 16 5,265 27,920 1,589 80 2,254 395 39 5,975 5,537 16,526 4,532 48,61 I 1,462 26 1 192 19,279 849 35,491 120,947 3,49 1 366 131 1,000,000 209,600 258,375 102,841 5,280 191,680 29,253 60,794 112,965 216,566 117,537 604 151,104 221,534 15,686 701,027 6,302 96.212 5,754 Report Totals City ofEden Prairie Council Check Register 12/2 1/2004 Check # 2151 2152 2153 2154 2155 136640 136641 I36642 136643 I36644 136645 I36646 136647 136648 I36649 136650 13665 I I36652 136653 136654 136655 I36656 136657 I36658 136659 136660 I3666 1 136662 I36663 I36664 136665 136666 136667 136668 I36669 I36670 136671 I36672 136673 136674 I36675 I36676 136677 I36678 I36679 136680 136681 136682 I36683 136684 136685 I36686 136687 136688 136689 136690 136691 136692 136694 136696 136697 136698 136695 Amount 72,674 14,689 1,000,000 258,375 209,600 175 141 I16 6,759 96 8,278 7,425 10,962 627 1,420 6,497 18,458 8,028 172 792 536 90 3,598 15,159 46 1 1,997 18,037 14,905 1,323 2,063 618 I,I 15 450 140 137 8 464 10 40 1,129 38 417 320 18 58 108 82 472 1,702 303 11,891 1,500 5,088 53,544 60 10 74 IO9 20 200 217 79 3,139 Vendor / Explanation PUBLIC EMPLOYEES RETIREMENT AS DELTA DENTAL PLAN OF MN US BANK TRUST NATIONAL ASSN NATIONAL CITY BANK ANCHOR BANK 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 GRAPE BEGINNINGS GRIGGS COOPER & CO JOI-INSON BROTHERS LIQUOR CO MARK VI1 MASS BAR-MATE CORP MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY PACIFIC DIRECT PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WINE SOURCE INTERNATIONAL WORLD CLASS WINES INC CARVER COUNTY SHERIFF'S DEPT. CENTERPOINT ENEGY CHRISTENSEN, MARGE CONTINENTAL BALLET COMPANY CROSBY, JOYCE CUSTOMER CONTACT SERVICES DELL DUVICK, LOIS EDEN PRAIRIE ROTARY CLUB ENTERTAINMENT PUBLICATIONS INC ESCHELON TELECOM INC FEDEX HABERLE, CARRI HANLON, KIM HENNEPIN COUNTY IiT DEPT HENNEPIN COUNTY SHERIFF'S OFF1 HENNEPIN COUNTY TREASURER HENNEPIN TECHNICAL COLLEGE HENNEPIN TECHNICAL COLLEGE INSIGHT PUBLIC SECTOR LOGIS MIAMI POLICE DEPARTMENT MI" ST ADMIN ITG TELECOM SERV MINNEAPOLIS AREA ASSOC OF REAL MONSON, DOROTHY NATIONAL CAMERA EXCHANGE & VID NCPERS GROUP LIFE INSURANCE Nuco?. INC PCS TECHNOLOGIES INC BCA - BTS MCGINTY-VANSICKLE, PATTI Account Description Benefit payments Dental Interest Paying Agent Interest Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Wine Imported Wine Domestic Beer Wine Domestic Beer Misc Taxable Wine Domestic Liquor Liquor Beer Misc Taxable Misc Taxable Wine Domestic Misc Taxable Wine Domestic Liquor Misc Non-Taxable Wine Domestic Liquor Beer Wine Imported Wine Imported Wine Imported Wine Imported Tuition Reimbursement/SchooI Deposits Gas Program Fee Special Event Fees Program Fee Other Contracted Services Capital Under $2,000 Program Fee Dues & Subscriptions Deposits Other Contracted Services Postage Clothing & Uniforms Operating Supplies Software Maintenance Board of Prisoner Operating Supplies Tuition Reimbursement/Scliool Employment Support Test Other Hardware LOGIS Travel Expense Liquor Licenses Sothvare Maintenance Prepaid Expenses Wages No Benefits Video &Photo Supplies Life Insurance EEER Chemicals Other Hardware Business Unit Health and Benefits Health and Benefits Improvement Bonds 1998A $3,390,000 Facility Bond 2000 $1,000,000 G.O. Bonds - 2002A Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View 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 Prairie View 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 Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Police Escrow Utility Improvement Fund Classes/ProgramslEvents ClasseslProgratns/~vents ClasseslProgramslEvents Water Treatment Plant Storm Drainage Classes/Programs/Events Parks Administration Escrow Telephone General Police Fire Information Technology Police Community Development Fire Fire Information Technology Information Technology Police General Fund Information Technology General Fund Elections Fire General Fund Pool Maintenance CDBG Fund Check # Amount Vendor I Explanation Account Description Business Unit 136699 136700 136701 136703 136704 136705 136706 136707 136708 136709 136710 13671 1 136712 136713 136714 136715 136716 136717 136718 136719 136720 136721 136722 136723 I36724 136725 I36726 I36727 136728 I36729 136730 136731 136732 136733 I36734 136735 136736 136737 136738 136739 I36740 136741 136742 136743 136744 136745 I36746 I36747 136748 136750 13675 I 136752 136753 136754 136755 136756 136757 136758 I36759 I36760 136761 136762 136763 136764 136765 136766 136767 494 I37 3,482 16 333 200 218 1,620 1,854 304 35 1 1,096 89 89 61 306 376 490 324 40 40 40 48 3,000 329 54 23 69 712 150 16 18 9,409 1,264 388 332,259 43 76 4,641 178 313 957 14,358 154 252 45,030 57 19,883 73 92,721 336 144 5,366 121,069 66,299 I93 60 1 I8 289 1,918 5,037 2,156 10,525 128 33 1 2,248 9,818 PETTY CASH PRIORITY COURIER EXF'ERTS RELIASTAR LIFE INSURANCE CO STATE OF MINNESOTA UNLIMITED SUPPLIES INC WASHINGTON COUNTY SHERIFF'S DE COMMUNITY HEALTH CHARITIES INTERNATIONAL UNION OF OPERATI MI" CHILD SUPPORT PAYMENT CTR PROP UNITED WAY ANCHOR PAPER COMPANY AT&T BUSINESS JOURNAL, THE DE LAGE LANDEN FINANCIAL SERVI EDEN PRAIRIE BASEBALL ASSN J H LARSON COMPANY KRAEMERS HARDWARE INC MERLINS ACE HARDWARE MINNESOTA COMMERCE DEPARTMENT MINNESOTA COMMERCE DEPARTMENT MINNESOTA COWRCE DEPARTMENT PETSMART POSTAGE BY PHONE RESERVE ACCOU QWEST RAMOS, JULIA STAR TRIBUNE VERIZON WIRELESS BELLEVUE W E LAHR COMPANY AARP 55 ALIVE MATURE DRIVING ANDERSON, EDIE ANDERSON, TODD DOMINIUM ESBENSEN, GEORGE GE CAPITAL GENERAL GROWTH PROPERTIES INC HILL, JOHN JULILIN, JILL KMC TELECOM LEMPESIS, BILL MASTER CRAFT LABELS INC METRO SALES INCORPORATED* OAKBROOK CORPORATION PELTIER, JAMES PRAIRIE VILLAGE LMTD PARTNERS13 PRIORITY COURIER EXPERTS REAL ESTATE EQUITIES MANAGEMEN RUMTORD, JOAN SILVERCREST PROPERTIES SOUTHWEST METRO TRANSIT ST. LOUIS PARK, CITY OF STANDARD INSURANCE CO TE MILLER DEVELOPMENT LLC TEALWOOD CARE CENTER TKACH, GEORGE ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GRAND PERE WINES INC GRAPE BEGINNINGS GRIGGS COOPER & CO PETTY CASH-POLICE DEPT Miscellaneous Equipment Repair & Maint Disability Ins Employers Operating Supplies Equipment Parts Deposits United Way Withheld Union Dues Withheld Garnishment Withheld United Way Withheld United Way Withheld Office Supplies Pager & Cell Phone Dues & Subscriptions Other Rentals Merchandise for Resale Repair & Maint. Supplies Equipment Parts Repair & Maint. Supplies Operating Supplies Operating Supplies Operating Supplies Canine Supplies Postage Telephone Lessons & Classes Misc Non-Taxable Pager & Cell Phone Equipment Parts Other Contracted Services Program Fee AR Utility TIF Payment Opcrating Supplies Other Rentals TIF Payment AR Utility Operating Supplies Telephone Mileage & Parking Fire Prevention Supplies Other Rentals TIF Payment Operating Supplies Operating Supplies TIF Payment Equipment Repair & Maint TIF Payment Special Event Fees TIF Payment Deposits AR Utility Life Insurance EEER TIF Payment TIF Payment Operating Supplies Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Wine Imported Beer Wine Imported Beer Misc Tasable Wine Imported Wine Domestic Liquor City Council Fleet Services Health and Benefits Fleet Services Fleet Services Escrow General Fund General Fund General Fund General Fund General Fund General Police Assessing General Concessions General Facilities Fleet Services Maintenance Engineering Engineering Engineering Police General Telephone Ice Arena Prairie View Liquor Store Police Fleet Services CIassesProgramsEveiits Classes/Programs/Events Water Enterprise Fund Heights at Valleyview Fire General EP Shopping Center Water Enterprise Fund Senior Board General Prairie View Liquor Store Fire General Edenvale TIF District Fire Police TIF Eliin Shores & PV Apartment Fleet Services Columbine Road CIassesPrograinsEvents Eden Shores Escrow Water Enterprise Fund Health and Benefits Lincoln Parc Apartments Rolling Hills Senior Board Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Check # Amount Vendor / Esplmation Account Description Business Unit 136768 136769 136770 136771 136772 136773 136774 I36775 136776 136777 I36778 I36779 136780 136781 136782 136783 I36784 I36785 136786 136787 136788 I36789 136790 13679 1 136792 I36793 136794 I36795 136796 136797 136798 I36799 I36800 136801 136802 136803 136804 136805 I36806 136807 136808 136809 136810 136811 136812 136813 136814 136815 136816 136817 136818 136819 136820 136821 I36822 136823 136824 136825 136826 136827 136828 136829 I36830 I3683 I I36832 136833 136834 1.795 25,679 9,254 320 I60 4,635 9,903 1,982 10,181 739 8,097 1,640 1,874 1,275 1,131 567 1,305 800 290 18,330 135 IO0 146 539 215 157 69 97 1,050 I04 496 215 16 2,407 3,634 5,000 191 140 16 I39 70 600 5 74 1,428 31 30 123 120 259 1,919 131 108 80 240 81 81 44 1,069 135 895 50 90 144 90 I15 45 153 HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO MARK VI1 MIDWEST COCA COLA BOTTLING COM MORAN USA, LLC PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO SPECIALTY WINES AND BEVERAGES THORPE DISTRIBUTING WINE COMPANY, THE WINE MERCHANTS INC WINE SOURCE INTERNATIONAL WORLD CLASS WINES INC ADMINISTRATION RESOURCES COW AMERICAN TEST CENTER INC BIGLEY, RONALD L BUTCI-IER, SI-IERRY CARLSON RESTAURANT WORLDWIDE CASE, RON DALHOFF. BILL DEGREE, BETI-I DELLIQUANTI, JULIE DIETZ, EUGENE HCMC INTERNATIONAL FIRE PROTECTION KRESS, CARLA LACROSSE UNLIMITED MCWATERS, LORENE MINNESOTA VALLEY ELECTRIC COOP NATIONAL RECREATION AND PARK A O'LEARY, JOAN QWEST ROSS, DEB ROYAL OAKS REALTY INC SACKETT, MATTHEW SOUTHWEST METRO TRANSIT STEWART, RUTH THE HOME DEPOT @ HOME SERVICES TORNOE, JACQUELINE UNCOMMON GATHERINGS UNITED PRODUCTS VIKING TROPHIES WELTER & BLAYLOCK WERTS, SANDY WIGLEY, GRIFFIN J. YOUNG, PHIL ARCH PAGING ASPEN WASTE SYSTEMS INC. BURKHARDT, LORI CAMPBELL, CHARLOTTE CLARK, FAY CLARKE, CYNTHlA CONNORS, MARGE CULLIGAN BOTTLED WATER ESBENSEN, GEORGE ESCHELON TELECOM INC FIRE INSTRUCTORS ASSN OF MN FIRE MARSHAL ASSN OF MINNESOTA HAYEN, LINDA IMATION IMAX THEATRE JEDLICKA, LEROY KEATING, MARY KRESS, CARLA MACDONALD, ELAINE US POSTMASTER - HOPKINS Beer Wine Domestic Beer Misc Taxable Beer Wine Imported Wine Domestic Wine Domestic Wine Domestic Wine Imported Beer Wine Domestic Wine Domestic Wine Domestic Wine Imported Other Contracted Services Equipment TestinglCert. Special Event Fees Travel Expense Cash Over/Short Dues & Subscriptions Other Contracted Services Mileage & Parking Instructor Service Prepaid Expenses Other Contracted Services Fire Prevention Permits Mileage & Parking Instructor Service Dues & Subscriptions Electric Dues & Subscriptions Program Fee Telephone Other Contracted Services Deposits Equipment Repair & Maint Equipment Repair & Maint Program Fee Fire Prevention Permits Operating Supplies Other Contracted Services Improvements to Land Postage Operating Supplies Cash Over/Short Mileage & Parking Sohvare Travel Expense Pager & Cell Phone Waste Disposal Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Wages No Benefits Operating Supplies Operating Supplies Other Contracted Services Training Supplies Tuition ReimbursementEichool Wages No Benefits Special Event Fees Wages No Benefits Mileage &Parking Mileage & Parking Wages No Benefits Prairie View 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 Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Finance Fleet Services Classes/Programs/Events City Council General Fund City Council Cummins House Special Events Aquatics SC Fitness Admin After School Programs General Fund Risk Management General Fund Senior Center Administration After School Programs City Council Sewer Liftstation Recreation Administration Classes/Programs/Even ts Prairie Village Liquor Store Cummins House Special Events Escrow Wireless Coininunication Police Classes/Prograins/Events General Fund Senior Board Cuminins House Special Events Park Acquisition & Development Water Accounting Girls on the Run General Fund Special Events Administration Information Technology City Council Wireless Communication Den Road Liquor Store Elections Elections Elections Elections Elections Fire Fire Telephone Fire Fire Elections Trips Elections Community Development Senior Center Administration Elections Check # 136835 136836 136837 136838 336839 136840 136841 136842 I36843 136844 I36845 136846 I36847 136848 136849 136850 I3685 I I36852 136853 I36854 I36855 136856 136857 136858 136859 136860 136861 136862 136863 136864 I36865 136866 136867 136868 I36869 136870 136871 136872 136873 136874 I36875 136876 136877 136878 136879 I36880 136881 136882 136883 136884 136885 136886 136887 136888 136889 136890 136891 136892 136893 136894 136895 136896 136897 136898 136899 I36900 136902 Amount 153 4,67 1 171 548 72 153 I60 I53 75 153 105 I43 3,782 61 663 72 245 I85 13 16 229 488 1,455 200 20 3,664 250 I19 747 4,529 218 30 125 692 942 700 9,801 1,810 2, I66 342 56 3,902 46 I58 I I6 937 45 48 11 20 482 560 224 380 4,000 178 120 88 8 14,406 9,339 3,468 9,553 96 1,101 16,340 Vendor / Explanation MAJERUS, GEORGIA MAJESTIC LOG HOMES AND PRODUCT MATTS, BECKY METRO SALES INCORPORATED* MISSAGHI, SAMIRA MYERS, JEAN NATIONAL RECREATION AND PARK A NELSON, CAROLINE NEW ULM, CITY OF PIUMBROECK, LARRY QWEST REED CONSTRUCTION DATA RICHFIELD, CITY OF SBC PAGING SCHMITZ, THOMAS SCHNEIDER, GEORGE W SCOTT COUNTY SHERIFFS DEPT SHOLD, GLENNA STAUNER, SHIRLEY STEINER, SHARON TIME WARNER CABLE W E LAI-IR COMPANY WILDER, LOIS WILS ASPEN WASTE SYSTEMS INC. ATOM BIFFS INC BOSACKER, MIKE CENTERPOINT ENEGY CUB FOODS EDEN PRAIRIE ERICKSON, DEBORAH GUSTAD, MARIC HENNEPIN COUNTY I/T DEPT I-IENNEPIN COUNTY MEDICAL CENTER HENNEPIN COUNTY TREASWR HENNEPM COUNTY TREASURER HENNEPIN TECHNICAL COLLEGE IWTCHINS, BRUCE MINNESOTA VALLEY ELECTRIC COOP MNUSKIN, IRlNA MOTOROLA POLEJEWSKI, JOHN QWEST SLOSSER, GNUS SMITH, AMY STAR TRIBUNE STEBLAY, MAUR4 UNCOMMON GATHERINGS UNIVERSITY OF MINNESOTA UNLIMITED SUPPLIES INC UPPER MIDWEST COMMUNITY POLICI WESTERN AREA FIRE TRAINING ASS XCEL ENERGY ACE ICE COMPANY AMERIPRIDE LINEN & APPAREL SER ARCTIC GLACIER INC BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GRAPE BEGINNINGS GRIGGS COOPER & CO US POSTMASTER - HOPKINS CULLIG AN-METRO GOPIHER STATE ONE-CALL INC 42,115 JOHNSON BROTHERS LIQUOR CO Account Description Wages No Benefits Building Wages No Benefits Other Rentals Wages No Benefits Wages No Benefits Dues & Subscriptions Wages No Benefits Tuition Reimbursement/School Wages No Benefits Telcphone Improvement Contracts Autos Pager & Cell Phone Travel Expense Wages No Benefits Deposits Wages No Benefits Operating Supplies Program Fee Operating Supplies Prepaid Expenses Equipment Parts Other Contracted Services Dues & Subscriptions Waste Disposal Tuition ReimbursemenVSchooI Operating Supplies Tuition Reimbursement/School GZiS Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Tuition ReimbursemenVSchool Software Maintenance Tuition ReimbursemenVSchool Board ofprisoner Printing Tuition ReimbmsernenVSchool Mileage & Parking Building Lessons & Classes Equipment Repair & Maint Lessons & Classes Telephone Lessons & Classes Clothing & Uniforms Misc Non-Taxable Lessons & Classes Operating Supplies Conference Expense Equipment Parts Tuition ReimbursemenVSchool Dues & Subscriptions Electric Misc Non-Taxable Repair & Maint. Supplies Misc Non-Taxable Liquor Beer Wine Domestic Beer Misc Taxable Wine Imported Wine Domestic Wine Imported Business Unit Elections Capital Impr. / Maint. Fund Elections General Elections Elections Recreation Administration Elections Police Elections Sewer Liftstation Utility Improvement Fund Public Works Water System Maintenance Fire Elections Escrow Elections Elections Classes/Progr~ns/Events Fire General Fund Fleet Services Trips Recreation Administration City Hall - CAM Police Fire Police Water Treatment Plant Police Outdoor Center Arts Initiative Water System Maintenance Police Information Technology Fire Police Elections Fire Inspections-Administration Capital lmpr. I Maint. Fund Oak Point Lessons Wireless Communication Ice Arena Water Utility - General Fitness Classes Police Prairie View Liquor Store Girls on the Run Curmnins House Special Events Fire Fleet Services Police Fire Sewer Liftstation Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie View Liquor Store Den Road Liquor Store Check # Amount Vendor I Explanation Account Description Business Unit I36903 136904 136905 136906 136908 136909 136910 I3691 1 136912 136913 136914 136915 136916 136917 136918 136919 I36920 136921 I36922 I36923 136924 I36925 136926 136927 136928 I36929 136930 136931 136932 136933 136934 136935 136936 136937 136938 136939 I36940 13694 I 136942 I36943 136944 136945 136946 136947 136948 136949 I36950 136951 I36952 136953 136954 136955 136956 136957 136958 136959 136960 136961 136962 136963 136964 136965 136966 I36967 136968 136969 136970 12,870 912 2,099 5,476 21,814 602 7,729 24.405 2,272 17,202 2,460 4,220 2,192 1,027 495 637 2,70 I 92,400 2,350 1,300 1,442 47 120 I65 204 5,372 93 619 19 3,472 160 288 182 705 5,750 5,008 7,957 1,864 8,551 297 I3 I 225 1,722 I80 131 383 116 178 552 47 1 1,926 519 2,536 10,562 246 287 488 2,844 36 696 1,313 8,541 100 609 1,23 1 24,137 200 hwRK 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 WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC A P LAWN INC A TO Z RENTAL CENTER ABLE HOSE &RUBBER INC ABSOLUTE RAIN INC. AMERlCAN LIBERTY CONSTRUCTION, AMERICAN TEST CENTER INC ANDMOR MFG APPARENTLY GRAPHIC LTD. AQUA LOGIC INC ARAMARK SERVICES INC AUDIOVISUAL INC AUTO ELECTRIC SPECIALISTS BATTCHER AND AERO ELECTRICAL C BATTERIES PLUS BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BENIEK PROPERTY SERVICES INC. BERRY COFFEE COMPANY BERTELSON OFFICE PLUS BIG STEER MEATS BLOOMNGTON SECURITY SOLUTIONS BONESTROO ROSENE ANDERLIK & AS BOYER TRUCKS SO. ST. PAUL BRAUN INTERTEC CORPORATION BRYAN ROCK PRODUCTS INC BUCK, BRENT BUCK, NATHAN CABELA'S CATALOG INC CAMPBELL KNUTSON, P.A. CARLSON TRACTOR AND EQUIPMENT CATCO PARTS SERVICE CHOICE INC CLAREYS INC COMMERCIAL ROOFING INC CONNEY SAFETY PRODUCTS CONTROL SERVICES OF MINNESOTA, CORPORATE EXPRESS CY'S UNIFORMS DALCO DALCO ROOFING & SHEET METAL IN DAVIES WATER EQUIPMENT CO DE LAGE LANDEN FINANCIAL SERVI DECORATIVE DESIGNS INC DELANO ERICKSON ARCHITECTS DEM CON LANDFILL LLC DERANFX SALES DLRECT SAFETY CO DIVERSE BUILDING MAINTENANCE DODGE, ANDY AMSAN BRJSSMAN-KENNEDY ANOKA-RAMSEY FARM & GARDEN BRO-TEX INC CUTLER-MAGNER COMPANY DAY-TIMER Operating Supplies Misc Taxable Wine Domestic Wine Domestic Wine Domestic Misc Taxable Wine Domestic Liquor Wine Imported Beer Wine Domestic Wine Domestic Wine Domestic Contract Svcs -Lawn Maint. Supplies - General Bldg Equipment Parts Contract Svcs - Lawn Maint. Land Repair & Maint. Supplies Cleaning Supplies Equipment Repair & Maint Operating Supplies Operating Supplies Equipment Repair & Maint Miscellmeous Other Contracted Services Equipment Repair & Maint Building Repair & Maint. Operating Supplies Tires Rcpair & Maint. Supplies Contract Svcs - Lawn Maint. Operating Supplies Computers Other Contracted Services Contract Svcs - Garden Rm/Caf. Other Contracted Serviccs Equipment Parts Testing - Soil Boring Equipment Parts Gravel Other Contracted Services Other Contracted Services Investigation Travel Legal Equipment Parts Equipment Parts Other Contracted Services Safety Supplies Contract Svcs - Roof Protective Clothing Contract Svcs - HVAC Capital Under $2,000 Chemicals Clothing &Uniforms Cleaning Supplies Building Repair & Maint. Machinery & Equipment Office Supplies Other Rentals Contract Svcs - Garden RmlCaf. Other Contracted Services Waste Disposal Operating Supplies Protective Clothing Janitor Service Other Contracted Services Den Road Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store City Hall - CAM Community Ccnter Water Treatment Plant City Hall - CAM Park Acquisition & Development Fire Maintenance Ice Arena Fire Fire Pool Maintenance Communication Services Communication Services Fleet Services Marketcenter Reservoir Wireless Communication Fleet Services Ice Arena Den Bldg. -CAM Fire Water Treatment Plant Deer Consultant City Hall - CAM S torm Drainage Fleet Services Construction Fund Fleet Services Water System Maintenance Basketball Volleyball Police WAFTA Fleet Services Fleet Services Prairie Village Liquor Store Water Treatment Plant Fire Station #I Water Treatment Plant City Hall - CAM Water Treatment Plant Water Treatment Plant Police Maintenance Water Treatment Plant Water System Maintenance Arts Fire City Hall - CAM Planning & Development Prairie Village Liquor Store Prairie View Liquor Store Water Treatment Plant Den Bldg. - CAM Adult Open Gym Check # Amount Vendor / Explanation Account Description Business Unit 136971 136972 136973 136974 136975 I36976 136977 136978 136979 136980 136981 136982 I36983 136984 136985 I36986 136987 I36988 136989 136990 136991 I36992 136993 136994 I36995 136996 136997 I36998 I36999 I37000 137001 137002 137003 137004 I37005 I37006 I37007 137008 137009 137010 13701 1 137012 137013 137014 137015 137016 137017 137018 137019 137020 137021 137022 I37023 137024 137025 137026 I37027 137028 137029 137030 137031 137032 137033 137034 137035 137036 137037 4,501 196 9,540 87 290 752 226 823 3,073 300 49 4,532 559 100 1,066 206 3,354 I44 53 923 2,l I5 98 666 1,207 165 1,616 1,530 1,545 410 65 62 954 336 111 1,417 7,963 275 13,476 3 I3 6,315 456 8,217 17 336 49,860 11 5,447 I5 7,540 5 79 56 339 560 1,606 573 127 I54 243 150 1,626 1.995 86 I3 I I I3 2,659 155 425 DONS SOD SERVICE DRAMATISTS PLAY SERVICE INC DRT TRANSPORT EAGLE DRY GOODS EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE APPLIANCE EDEN PRAIRIE WINLECTRIC EF JOHNSON ELECTRIC PUMP ELVIN SAFETY SUPPLY INC EMBEDDED SYSTEMS INC EMEDCO ERICKSEN, LIZ ESPRESSO MIDWEST INC FACTORY MOTOR PARTS COMPANY FARMERS MILL & ELEVATOR INC FASTENAL COMPANY FERO, STACEY FERRELLGAS FINLEY BROS INC FLYING CLOUD ANIMAL HOSPITAL FORCE AMERICA FORE MECHANICAL, INC FRESCO INC G & K SERVICES GALLES CORPORATION GARTNER REFRIGERATION & MFG IN GINA WAS INC GLENROSE FLORAL AND GIFT SHOPS GRAINGER GREATAMERICA LEASING CORP. GREENMAN TECHNOLOGIES OF MN IN GUNNAR ELECTRIC CO INC HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HARTLAND FUEL PRODUCTS LLC HAWK LABELING SYSTEMS HAWKINS WATER TREATMENT HENNEPIN COUNTY IiT DEPT I-ENNEPIN TECHNICAL COLLEGE I-FERC U LIFT HOLMES, TOM HONEY WELL ACS HUEBSCH IC1 DULUX PAINT CTRS IDEXX DISTRIBUTION CORP IND SCHOOL DIST 272 ' INDUSTRIAL LIGHTING SUPPLY INC INSIGHT PUBLIC SECTOR J H LARSON COMPANY JAMAR TECHNOLOGIES INC JANEX INC JOHN HENRY FOSTER MINNESOTA IN JW PEPPER & SON INC KELLER FENCE COMPANY INC KOSS PAINT COMPANY INC KUSTOM SIGNALS INC LAB SAFETY SUPPLY INC LAMETTRYS COLLISION LANDS END CORPORATE SALES LAN0 EQUIPMENT INC LARSON, ALLEN R. LAVAN FLOOR COVERING LEON DUDA PLUMBING LEONARD J KOEHNEN 22 ASSOC G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Operating Supplies Other Contracted Services Other Contracted Services Signs Contract Svcs - Pest Control Equipment Repair & Maint Equipment Repair & Maint Operating Supplies Other Contracted Services Safety Supplies Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Equipment Parts Chemicals Improvements to Land Other Contracted Services Motor Fuels Improvements to Land Canine Supplies Equipment Parts Contract Svcs - Plumbing Equipment Repair & Maint Clothing & Uniforms Other Rentals Equipment Parts Equipment Repair & Maint Operating Supplies Deposits Repair & Maint. Supplies Other Rentals Waste Disposal Improvements to Land Other Contracted Services Equipment Repair & Maint Motor Fuels Operating Supplies Cheinicals Software Maintenance Tuition Reirnbursement/School Equipment Parts Other Contracted Services Equipment Repair & Maint Ed Center - Contr. Svcs Safety Supplies Operating Supplies Operating Supplies Repair & Maint. Supplies Miscellaneous Operating Supplies Small Tools Waste Disposal Other Contracted Services Operating Supplies Building Repair & Maint. Supplies - General Bldg Equipment Repair & Maint Protective Clothing Equipment Repair & Maint Clothing & Uniforms Equipment Parts Investigation Travel Building Other Contracted Services Design & Engineering Park Acquisition & Development Winter Theatre Lime Sludge Communication Services Traffic Signs City Hall - CAM Outdoor Center Traffic Signals Wireless Communication Sewer Liftstation Water Treatment Plant Emergency Preparedness Water Treatment Plant Basketball City Center Operations Fleet Services Park Maintenance Park Acquisition & Development Volleyball Ice Arena Park Acquisition & Development Police Fleet Services Public Works/Parks Park Maintenance Sewer Utility - General Park Maintenance Water Treatment Plant Ice Arena Police Escrow Maintenance General Fleet Services Park Acquisition & Development Capital Impr. / Maint. Fund Fleet Services Fleet Services Park Maintenance Water Treatment Plant Information Technology Fire Fleet Services Volleyball Water Treatment Plant City Ctr - Tenant Direct Costs Water Treatment Plant Water Treatment Plant Police Water Treatment Plant Information Technology Den Road Liquor Store Fleet Services City Hall - CAM Water Treatment Plant Community Band Water Treatment Plant Outdoor Center Facilities Police Water System Maintenance Fleet Services Police Fleet Services Police Capital Outlay Water Meter Repair Wireless Communication Check # Amount Vendor / Explanation Account Description Business Unit 137038 137039 137040 137041 137042 137043 I37044 I37045 137046 137047 137048 I37049 137050 I3705 I 137052 137053 137054 137055 I37056 137057 137058 137059 137060 I3706 I 137062 137063 137064 I37065 137066 137067 137068 I37069 I37070 137071 I37072 I37073 I37074 137075 137076 137077 I37078 137079 137080 I3708 1 137082 137083 137084 137085 I37086 137087 137088 I37089 137090 137091 I37092 137093 137094 137095 137096 137097 137098 137099 I37100 137101 137102 I37103 137104 385 580 6,071 439 872 182 2,016 713 206,373 392 703 9,689 81 217 1,364 80 365 52 I I58 61,937 1,955 11 1,068 909 11,577 2,812 918 I I3 85 413 478 8,878 5,309 9,892 1,701 80 583 58 389 3 94 6,468 149 51 I 101 2,932 25 51 51 672 I74 373 6,938 7,000 1,l IO 4, I32 7,000 13,172 353 51 52,243 448 4,452 1,242 156 10,167 586 2,229 LEROY JOB TRUCKING INC LYNN'S FLOWER DESIGN MARSDEN BLDG MAINTENANCE MENARDS METRO BRUSH & SUPPLY METRO CONCRETE RAISING INC METRO FIRE METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD MG INDUSTRIES MIDWEST ASPHALT CORPORATION MIKE'S SHOE REPAIR NC MINNESOTA GLOVE INC MINNESOTA TROPHIES. & GIFTS MN STATE COLLEGES & UMVERSITI MONSTER INC MOORE MEDICAL COW MSC INDUSTRIAL SUPPLY CO INC MTI DISTRIBUTING INC MULCAHY INC MUSIC THEATRE INTERNATIONAL NATIONAL WATERWORKS NAUTILUS/SCHWINN FITNESS GROUP NOKOMIS SHOE SHOP NORTHERN TOOL & EQUIPMENT CO. NORTHWEST BUSINESS SYSTEMS NORTHWEST RESPIRATORY SERVICE NuC02 INC OLSEN COMPANIES OS1 BATTERIES INC PARKOS CONSTRUCTION COMPANY PC MALL PCS TECHNOLOGIES INC PEPS1 COLA COMPANY PETSMART PIONEER RIM & WHEEL CO POKORNY COMPANY POWER SYSTEMS POWERPLAN OIB PRAIRIE ELECTRIC COMPANY PRECISION BUSINESS SYSTEMS INC PRINTERS SERVICE .INC PROTECTION ONE QUALITY FLOW SYSTEMS INC R & R MARINE INC RADIOSHACI< RAY ALLEN MANUFACTURING CO INC RAY, LEE RCM & ASSOCIATES RIGID I-IITCI-I INCORPORATED RIVIERA FINANCE RMR SYSTEMS INC ROAD MACHINERY & SUPPLIES CO SCOTT W BAKER ASSOCIATES INC SDI RESEARCH SIGHTLINE DISPLAYS, LLC SIGNSOURCE SM HENTGES & SONS INC MAXI-PRINT INC SA-AG INC SNAP-ON TOOLS SOUTHWEST SUBURBAN PUBLISHPJG- ST CROIX RECREATION CO INC STATE SUPPLY COMPANY STREICHERS SUBURBAN CHEVROLET SUBURBAN TIRE WiOLESALE INC Other Contracted Services Contract Svcs - Lawn Maint. CH Robinson Janitor Service Printing Improvements to Land Cleaning Supplies Repair & Maint. Supplies Repair & Maint. Supplies Waste Disposal Equipment Parts Chemicals Waste BlacIctoplConcrete Protective Clothing Safety Supplies Operating Supplies Employment Support Test Employment Advertising Safety Supplies Repair & Maint. Supplies Equipment Parts Other Contracted Services Other Contracted Services Repair & Maint. Supplies Repair & Maint. Supplies Prepaid Expenses Small Tools Other Contracted Services Safcty Supplies Chemicals Protective Clothing Equipment Parts Building Miscellaneous Other Hardware Merchandise for Resale Canine Supplies Equipment Parts Supplies - Plumbing Equipment Parts Equipment Repair & Maint Repair & Maint. Supplies Office Supplies Repair & Maint. Supplies Prepaid Expenses Other Contracted Services Equipment Repair & Maint Operating Supplies Canine Supplies Other Contracted Services Operating Supplies Equipment Parts Equipment Repair & Maint Other Contracted Services Other Rentals Other Contracted Services Other Contracted Services Other Contracted Services Operating Supplies Equipment Parts Improvement Contracts Small Tools Printing Repair & Maint. Supplies Repair & Maint. Supplies Miscellaneous Equipment Parts Tires Animal Control City Hall - CAM City Ctr - Tenant Direct Costs Police Park Acquisition & Development Maintenance Storm Drainage Fire Sewer Utility - General Fleet Services Water Treatment Plant Street Maintenance Fire Fleet Services Fire Fire Human Resources Fire Water Treatment Plant Fleet Services Prairie Village Liquor Store Summer Theatre Water Meter Repair Fitness Center Sewer Fund Water System Maintenance Telephone Fire Pool Maintenance Water Utility - General Fleet Services Capital Impr. / Maint. Fund Information Technology Capital Impr. / Maint. Fund Concessions Police Fleet Services Community Center Fleet Seivices Fleet Services Maintenance Water Utility - General Ice Arena General Fund Sewer Liftstation Park Maintenance Police Police Basketball Inspections-Administration Fleet Sentices Marketcenter Reservoir Utility Inlprovetnent Fund Street Maintenance Street Maintenance Communication Services Conununication Services Ice Arena Fleet Services Charlson Area Construction Fleet Services Conununication Services Miller Park Water Treatment Plant Animal Control Fleet Services Fleet Services Check # Amount Vendor / Explanation Account Description Business Unit 137105 137106 137107 I37108 137109 137110 1371 11 137112 1371 13 1371 14 137115 1371 I6 1371 17 137118 137119 137120 137121 137122 137123 137124 137125 137126 137127 137128 137129 137130 I3713 1 137132 137133 137134 137135 137136 813 2,174 141 1,576 6,286 38 2,908 45,553 158 184 417 9,681 285 I33 191,680 50 1,490 1,668 3,744 244 3 74 35,075 133 2,447 94 1,160 205 I79 9,4 IO 588 228 2.077 SUN NEWSPAPERS SYSTEM CONTROL SERVICES TESSCO THYSSENKRLJPP ELEVATOR CORP TKDA TOM'S WINDOW CLEANING TREE TRUST TRUCK UTILITIES MFG CO TWIN CITY OXYGEN CO TWIN CITY SEED CO UNIFORMS UNLIMITED UNITED RENTALS US HOSPITALITY USA BLUEBOOK VALLEY PAVMG INC VERIZON DIRECTORIES CORP VISIONARY SYSTEMS LTD. WATER SPECIALTY OF MN INC WATSON CO INC, THE WEMYSS, SCOTT WESTSIDE EQUIPMENT WHITE BUFFALO INC WHOLESALE ART AND FRAMING WM MUELLER AND SONS INC WOLF CAMERA WORM, SANDY WUOLLET BAKERY INC YALE MECHANICAL INC ZAHN, GERALD ZEP MANUFACTURING CO ZIEGLER INC WORK CONNECTION-BPARK Legal Notices Publishing Other Contracted Services Equipment Parts Contract Svcs - Elevator Other Contracted Services Window Cleaning Improvements to Land Machinery & Equipment Repair & Maint. Supplies Landscape Materials/Supp Clothing &Uniforms Machinery & Equipment Advertising Repair & Maint. Supplies Improvement Contracts Advertising Software Maintenance Chemicals Merchandise for Resale Operating Supplies Equipment Repair & Maint Other Contracted Services Video &Photo Supplies Sand Operating Supplies Other Contracted Services Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Equipment Parts Equipment Repair & Maint City Clerk Water Treatment Plant Wireless Communication Community Center Utility Improvement Fund Den Bldg. - Direct Park Acquisition & Development Public Works Water System Maintenance Park Maintenance Police Public Works Prairie View Liquor Store Water Treatment Plant Improvement Projects 1996 Den Road Liquor Store Information Technology Pool Maintenance Concessions Fire Fleet Services Deer Consultant Communication Services Snow & Ice Control Park Maintenance Park Maintenance Park Maintenance Fire Water Treatment Plant Volleyball Fleet Services Water Treatment Plant 4,050,388 Grand Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DEPARTMENTDIVISION: ITEM DESCRIPTION: Office of the City Manager Ordinance Changing the Name of the Community Planning Board to the Planning Commission Requested Action Move to: Approve First and Second Readings of Ordinance changing the name of the Community Planning Board to the Planning Commission by amending City Code Section 2.25; directing the City Clerk to make corresponding changes throughout the City Code where the name Community Planning Board appears; and adopting by reference City Code Chapter 1 and Section 2.99, which among other things, contain penalty provisions. DATE: December 2 1,2004 ITEM NO.: IX. A. Synopsis “Community Planning Board” is a non-standard name for the citizen advisory group that most communities call the “Planning Commission”. Planning Commission is a commonly accepted term in both the private and public land development sectors. It is also a term that is more commonly used and understood in the Court system. I believe there are subtle benefits to the City by using standardized organizational nomenclature. I have alerted the members of the Planning Board that this issue will be before the Council on December 21St. I have encouraged them to speak to it, if they wish. Absent any concerns from the members of the Community Planning Board, I recommend that the Council adopt the first and second readings of the Ordinance. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA CHANGING THE NAME OF THE COMMUNITY PLANNING BOARD TO PLANNING COMMISSION BY AMENDING CITY CODE SECTION 2.25; DIRECTING THE CITY CLERK TO MAKE CORRESPONDING CHANGES THROUGHOUT THE CITY CODE WIERE THE NAME COMMUNITY PLANNING BOARD APPEARS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.25 entitled, “COMMUNITY PLANNING BOARD” is amended by deleting in the title and in each instance in Section 2.25 the name “Community Planning Board” and replacing it with name “Planning Commission.” Section 2. The City Clerk shall change the name “Community Planning Board” to “Planning Commission” wherever the name “Community Planning Board” appears in the Eden Prairie City Code. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of December, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21”day of December, 2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2004. EP\CityCode\BoardandCommission\2.25Planning Commission121404 CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DEPARTMENTXIIVISION: ITEM DESCRIPTION: Fire/Inspections George Esbensen, Kevin Maintenance Code Schmieg Second Reading of the New Exterior Requested Action DATE: December 2 1 , 2004 ITEM NO.: IX. B. Move to: Approve 2'ld reading of the ordinaiice to amend Chapter 9 by adding a new Section 9.16 Entitled Exterior Building Maintenance Synopsis The first reading of this ordinance was held under the Public Hearing portion of this meeting. r CITY COUNCIL AGENDA SECTION: Reports of Officers DEPARTMENT/DIVISION: ITEM DESCRIPTION: Sue Kotcllevary Office Of the City ManagerFinance Resolution Certifying the 2005 Property Tax Levy and adopting the 2005 General Fund Budget Requested Action DATE: 12/2 1 /04 ITEM NO.: XIII. B. 1. Move to: 0 0 Adopt resolution certifjring the 2005 Property Tax levy to be $25,692,822; Approve the 2005 Budget of $32,440,445 as reviewed by the Council on December 7,2004. Synopsis On September 7, 2004, the Eden Prairie City Council adopted a resolution certifying the proposed 2005 City property tax levy. Calculations for the City showed the certified levy against tax capacity to be $26,331,039. This figure included a proposed $118,000 tax abatement levy. There is also a market value levy of $645,000. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution ($1,283,217). Accordingly, the City’s resolution shows a net levy on tax capacity of $25,047,822, and a market value levy of $645,000, for a total net levy of $25,692,822. According to state statute, the final levy amount must be certified to the county auditor by December 28,2004. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION CERTIFYING THE 2005 TAX LEVY AND ADOPTING THE 2005 GENERAL FUND BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2005 General Fund Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund Equipment Revolving Fund Bonds and Interest 199 1 B Improvement Refunding Bonds 2004 Building Rehnding Bond 2000A Public Facility Bonds 2002 Public Facility Bonds 2002 Equipment Certificates 2004 Equipment Certificates Tax Abatement $24,328,239 614,800 220,000 345,000 225,000 205,000 275,000 1 18.000 Net tax capacity levy for certification $26,331,039 Less Fiscal Disparities distribution Net tax collectible in 2005 1.283.2 17 $25,047,822 Taxes to be levied against market value 2003A Rehnding Park Bonds 2003C Refunding Open Space Bonds Market value tax levy for certification $ 445,000 200,000 $ 645,000 Total net tax collectible in 2005 $25,692,822 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Ta?r and Budget Hearing process, the City Council approves the 2005 Budget for the General Fund and Debt Service Obligations totaling $32,440,445. ADOPTED by the Eden Prairie City Council this 2 1 st day of December, 2004. ATTEST: Nancy Tyra-Lultens, Mayor Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2004, COLLECTED YEAR 2003 EXHIBIT 1 Debt levy amounts previously certified may be adjusted to the ainounts shown below due to the availability of other repayment sources. OUTSTANDING DEBT WITH REQUIRED LEVY G.O. Public Facility Revenue Bonds 2000A G.O. Public Facility 2002 G.O. Equipment Certificates 2002 G.O. Refunding Open Space Bonds 2003C G.O. Refunding Park Bonds 2003A G.O. Public Facility Building Refunding Bonds 2004A (3.0. Equipment Certificates 2004B GRAND TOTAL Date of Issue 12/01/00 02/01/02 03/01/02 02t 19/03 02/19/03 0 111 5/04 12/29/04 Amount of Issue $3,390,000 $1,000,000 $890,000 $1,145,000 $3,185,000 $745,000 $1,137,000 Required Levy 2004l2005 $342,300 $224,070 $201,881 $161,375 $448,599 $218,936 $275,000 $ 1,872,161 Actual Levy* 2004l2005 $345,000 $225,000 $205,000 $4 4 5,0 0 0 $275,000 $200,000 $220,000 $1,915,000 CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2002, COLLECTED YEAR 2003 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2002/2003 G.O. Park Bonds 1992A G.O. Park Bonds 1993A G.O. Open Space Bonds 1994A G.O. Building Refunding Bonds 1995 G.O. Public Facility Revenue Bonds 2000A G.O. Improvement Refunding Bonds 1997B G.O. Improvement Refunding Bonds 1995 G.O. Public Facility 2002 G.O. Equipment Certificates 2002 OUTSTANDING DEBT WITH NO REQUIRED LEVY 0710 1/92 0510 1/93 08/01/94 06/01/95 12/01/00 06/09/97 06/01/95 0210 1/02 03/01/02 $1,100,000 $3,400,000 $1,950,000 $ 1,680,000 $3,390,000 $2,845,000 $3,255,000 $1,000,000 $890,000 H.R.A. Lease Revenue Bonds 1993A 05/0 1/93 $1,4 15,000 G.O. Water and Sewer Refunding 1991C 09/01/9 1 $9,500,000 G.O. Water and Sewer Revenue Refunding 1991F $3 , 125,000 G.O. Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000 G.O. Water and Sewer Revenue 1998A 04/21/98 $7,950,727 G.O. Improvement Bonds 1993B 05/01/93 $2,695,000 H.R.A. Lease Revenue Bonds 2002A 2/5/2002 $8,030,000 1010 119 1 GRAND TOTAL $95,888 $327,5 12 $168,571 $204,239 $329,000 $355,500 $358,880 $224,000 $192,655 $ 2,256.245 Actual Levy* 200 112002 $100.000 $345.000 $178,000 $215,000 $346,000 $500,000 $23 1,000 $ 150,000 $2,065,000