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Home My WebLink AboutCity Council - 06/07/2005 AGENDA EDEN PRAIRIE CITY COUNCIL/PLANNING COMMISSION WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,JUNE 7, 2005 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young PLANNING COMMISSION: Ray Solting, Chair; Kathy Nelson, Vice Chair; Larry Kacher; John Kirk; Vicki Koenig; Peter Rocheford; Fred Seymour; Jon Stoltz; Bill Sutherland 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 H I. MCA STUDY Council Chamber II. OPEN FORUM A. John Mallo—Veterans Park III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 7,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 17,2005 B. CITY COUNCIL MEETING HELD TUESDAY MAY 17 2005 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF COLUMBINE ROAD ADDITION C. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP (MULTI) LLC,I.C. 52-130 D. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR TH 212/CHARLSON ROAD INTERSECTION IMPROVEMEN T PROJECT, I.C. 05-5638 E. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY,I.C. 01-5525 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC.,FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY,I.C. 01-5525 CITY COUNCIL AGENDA June 7,2005 Page 2 G. AWARD CONTRACT FOR 2005 STREET STRIPING TO CENTURY FENCE COMPANY,I.C. 05-5651 H. APPROVE LICENSE AGREEMENT WITH MNDNR FOR SANITARY SEWER AND WATERMAIN CROSSING OF RILEY CREEK AT EDEN PRAIRIE ROAD I. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND FRIENDSHIP VENTURES J. APPROVE REALLOCATION OF 2005 CIP FACILITIES BUDGET PER ATTACHED WORKSHEET K. AWARD CONTRACT FOR CITY CENTER CARPET REPLACEMENT TO LAVAN FLOORING COVERING L. AWARD CONTRACT FOR STRUCTURAL REMODELING OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO STAHL CONSTRUCTION COMPANY M. AWARD CONTRACT FOR FURNITURE RECONFIGURATION OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO ALTERNATIVE BUSINESS FURNITURE N. ADOPT RESOLUTION APPROVING SALE OF 56,259 SF OF CITY- OWNED PROPERTY TO MNDOT FOR TH 312 HIGHWAY PROJECT O. APPROVE DELAY OF PLANS TO LEASE THE CUMMINS GRILL PROPERTY FOR PRIVATE COMMERCIAL USE UNTIL UTILITIES ARE AVAILABLE AND PIONEER TRAIL IMPROVEMENTS AND NEW ACCESS ARE COMPLETE P. APPROVE PROPOSAL FOR TESTING SERVICES FROM BRAUN INTERTEC FOR TECHNOLOGY DRIVE AND MITCHELL ROAD IMPROVEMENTS,I.C. 00-5508 Q. AUTHORIZE RELEASE OF PERFORMANCE PAYMENT TO THE CITY MANAGER R. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO THE 2004 TO 2008 CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF CAPITAL IMPROVEMENT BONDS S. CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND SPRINT TO AN AFFILIATE OF SPRINT CITY COUNCIL AGENDA June 7,2005 Page 3 T. APPROVE AMENDMENT TO 2005 AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT'S AUTO SERVICE VII. PUBLIC HEARINGS/MEETINGS A. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment,Resolution for Preliminary Plat) B. EAGLE RIDGE AT HENNEPIN VILLAGE - SIX by Pemtom Land Company; Request for Planned Unit Development Concept Review on 16.9 acres; Planned Unit Development District Review on 16.9 acres; Zoning District Change from Rural to R1-9.5 on 16.93 acres; Preliminary Plat of 16.9 acres into 41 single family lots and 4 outlots. Location: South of Charlson Road and east of Spring Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) C. CODE AMENDMENT Proposal to amend City Code Section 11.30 to add Showroom to the list of permitted uses in the Industrial Zoning Districts. (Ordinance for Code Amendment) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Southwest Metro Transit Commission Joint Powers Agreement C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Trail Planning Update CITY COUNCIL AGENDA June 7,2005 Page 4 E. REPORT OF PUBLIC WORKS DIRECTOR 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 WORKSHIP& OPENFORUMIOPEN PODIUM TUESDAY,MAY 17,2005 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM COUNCIL CHAMBER 8080 MITCHELL ROAD CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, and Ron Case CITY COUNCIL STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, City Assessor Steve Sinell, and Council Recorder Carol Pelzel Heritage Room H I. ASSESSING AND TAXATION—Steve Sinell, City Assessor Neal explained that staff would like to provide the Council with some in-service training about how the tax system works since the Council is occasionally brought into discussions about taxes with citizens and the media. Steve Sinell, City Assessor, presented an overview of the property tax and assessing process and the roles and responsibilities of the different responsible parties. He explained that there are various units of government in Minnesota that levy property taxes including cities, counties, school districts,watershed district, etc. The State also collects property taxes on commercial/industrial and seasonal recreational properties. He pointed out that there are various laws and procedures that each entity has to follow. Sinell further explained that the Hennepin County Attorney is responsible for all Tax Court Petitions in the County and the City does work with the County at no charge to assist in tax court appeals and exemption and classification issues. Sinell stated that the City Council adopts a budget by resolution and also adopts a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year in each fund. For the past several years, the State Legislature has passed a levy limit. Sinell pointed out that Eden Prairie is unique in that it has a significant amount of personal property that includes the hangars at Flying Cloud Airport. These hangars are on land owned by the Metropolitan Airports Commission but are leased to private individuals. Taxes for the land and improvements become the responsibility of the party leasing the hangars. Sinell explained that since 1992 the City chooses to appoint a Board of Appeal and Equalization to consider appeals on current estimated market values and classifications. CITY COUNCIL WORKSHOP & OPEN FORUM/PODIUM MAY 17, 2005 Page 2 The current Board consists of five members who are very knowledgeable in the real estate industry and include sales management people as well as active sales people all located in Eden Prairie. The Board completed their hearings last week and homeowners have the option of having their case heard by the Hennepin County Board of Appeal and Equalization and then to the Minnesota Tax Court. Sinell indicated that legal issues may be appealed to the Minnesota Supreme Court. There were approximately 1,100 tax court appeals filed in Hennepin County with 55 of them from Eden Prairie. Sinell explained that the City operates within the bounds set by Minnesota Statutes and they cannot create their own tax systems without special legislation. The City cannot enact a sales tax, lottery, etc. other than what is authorized by State Statute. Neal explained the ad valorem system stating that Eden Prairie concentrates on the levy and spending levels. Property taxes are driven by the local tax levies and taxing districts have to levy prior to rate calculations. Sinell stated that each of the special laws affects the individual property values. The local assessor values every property every year and not all of the properties increase at the same rate. He indicated that there are three types of taxes; sales tax, income tax and property taxes. The sales and income tax are driven by the legislative determined tax rate. Property taxes are driven by local tax levies. That tax levy is determined by local decisions and spending. Sinell reviewed with the Council the tax process. For each unique taxing area there is a different tax capacity rate. Since commercial/industrial and apartment property owners may not be able to vote in a municipal election, it was determined that the referendum levy should be against the market value. For 2005, the city's tax capacity is approximately$90 million after Fiscal Disparities. For 2004 it was $78-$80 million after adjustments. Sinell explained that Eden Prairie does use the mass appraisal process for valuing a group of properties as of January 1, using standard methods, employing common data and allowing for statistical testing. In response to a question from Mayor Tyra-Lukens, Sinell responded that the proposed tax statements mailed out at the beginning of the year do change. The change may be a result of corrections made to the tax base or homestead classifications. Sinell reviewed the property tax timeline with the Council and indicated that they would soon be starting the process for the 2006 assessment for taxes payable in 2007. Case questioned how a value is arrived for a house where staff is denied access. Sinell answered that when a homeowner denies them access to their home they will use assumptions in determining the value of the home and will assume it is similar to homes in the neighborhood. If the homeowner does not agree with that value, they will have to allow City staff access to their house and if necessary an adjustment will be made. CITY COUNCIL WORKSHOP & OPEN FORUM/PODIUM MAY 17, 2005 Page 3 Sinell explained that the Index of Regression is used to help determine whether higher p g p g priced properties are assessed properly. Eden Prairie has a huge variation of home prices with lows starting over$200,000. There are a number of properties in Eden Prairie valued in the $1 million range. The City does have a number of exempt parcels including vacant land, farms, schools, churches and parks. Sinell reported that the City had 50 court appeals and 25 Board of Appeal and Equalization Appeals. City staff spent weeks working with residents trying to explain the method for determining their value and reaching an agreement so that the resident does not have to go to the Board of Appeals. The value is based on many factors including what's happening around the City, State and the general economy. Case asked if they just assume that all property values went up a certain percentage. Sinell responded that staff does monitor sales in neighborhoods and they do study the market. Butcher asked if it is common to have 50 tax court appeals. Sinell said it is common especially for cities like Eden Prairie that have a mix of properties including commercial/industrial and apartment buildings. He explained that very few of the cases actually get to the tax court. About half are dismissed and half reach a negotiated settlement. Sinell completed his presentation by explaining that the next step for the City Council will be to establish the budget and tax levy for the City. Council Chamber II. OPEN FORUM A. John Matto—Flying of the Flag Mr. Mallo addressed the Council about the flying of the flag at half-mast on City property. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: V.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 17,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young. CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Parks& Recreation Director Bob Lambert, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney. I. ROLL CALL/CALL THE MEETING TO ORDER Councilmember Philip Young was absent from tonight's meeting. Parks &Recreation Director Bob Lambert arrived at 7:58 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. CERT CERTIFICATE CEREMONY Eden Prairie Fire Chief and Emergency Preparedness Director George Esbensen shared a brief history of the Citizen Emergency Response Team(CERT)program to train citizens in emergency preparedness in case of a disaster. Eden Prairie has trained 50 residents and will seek to train 50 more. CERT Certificates were presented to the following 16 residents: Tamara Bidinger, Stephanie Brace,Diane Casanova, Elizabeth Clark-Geffon, Cindy Cofer-Evert, Gail Ericson, Ann Farrand, Todd Gardner, Ed Geffon, Patricia Hadfield, Amy L.H. Hofstede, Pauline Johnson, Lu Ketz, Fran Spence, Christine Woodard, and Thomas Zahler. Mayor Tyra-Lukens thanked the CERT participants for their efforts. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the McCall Bluff hearing (VIII.C.)would be postponed until June 7. MOTION: Aho moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES May 17,2005 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY,MAY 3,2005 MOTION: Case moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 3,2005 MOTION: Butcher moved, seconded by Case,to approve the City Council minutes as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HERITAGE PINES -FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by David W. Durst. Request for First Amendment to Development Agreement to eliminate the requirement for cross access, storm sewer and maintenance agreement. Location: 17621 Pioneer Trail. C. HENNEPIN VILLAGE by Pemtom Land Company. Request to approve the Developer Agreement for Hennepin Village Limited Partnership. D. ADOPT RESOLUTION NO. 2005-69 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR TRAFFIC SIGNAL ON TH 212 AT CHARLSON ROAD,I.C. 05-5638. E. APPROVE CONTRACT WITH STATE OF MINNESOTA FOR ICWC (INSTITUTION COMMUNITY WORK CREW) F. AUTHORIZE AGREEMENT WITH HENNEPIN COUNTY TO CONTINUE PARTICIPATION IN WETLAND HEALTH EVALUATION PROJECT G. ACCEPT 2004 GENERAL FUND FINANCIAL RESULTS H. ESTABLISH SENIOR ISSUES TASK FORCE L AWARD CONTRACT FOR 2005 SEALCOATING,I.C. #05-5647 J. AWARD CONTRACT FOR 2005 BITUMINOUS OVERLAY, I.C.#05-5648 K. AWARD CONTRACT FOR CONSTRUCTION OF WELL PUMP HOUSE #15, I.C.#04-5611 CITY COUNCIL MINUTES May 17,2005 Page 3 L. AWARD CONTRACT FOR MAINTENANCE OF OUTSIDE STORAGE SITE (MOSS),I.C. #00-5519 MOTION: Butcher moved, seconded by Case,to approve Items A-L on the Consent Calendar. Motion carried 4-0. VIIL PUBLIC HEARINGS/MEETINGS A. IMPROVEMENTS FOR TECHNOLOGY DRIVE AND MITCHELL ROAD,I.C. 00-5508 (Resolution No. 2005-70) Official notice of this public hearing was published in the April 21 and 28, 2005, Eden Prairie Sun Current and sent to 1 property owner. Dietz said the City and ADC have agreed to convert ADC's tax abatement agreements into a special assessment for street reconstruction of Technology Drive and the intersection of Technology Drive and Mitchell Road. The bond counsel requires a public hearing for the consideration of these improvements. The improvement will expand Technology Drive to four lanes as well as adding left turn lanes to the cross streets to support this expansion.Dietz said the expansion is timely. The bid was $500 thousand dollars less than expected. As originally agreed,the City's portion will be $1.4 million and ADC will pay the balance. There were no comments from the public. MOTION: Case moved, seconded by Aho,to close the public hearing and adopt Resolution No. 2005-70 ordering Technology Drive and Mitchell Road Improvements. Motion carried 4-0. B. THE POINTE ON LAKE RILEY by G&L Land Investments, LLC ,Request for Planned Unit Development Concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres;Zoning District Change from Rural to R1-22 on 4.5 acres and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Lake Riley Road(Resolution No.2005-71 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution No. 2005-72 for Preliminary Plat) Official notice of this public hearing was published in the May 5, 2005,Eden Prairie Sun Current and sent to 19 property owners. Neal noted this is a 4 lot single-family subdivision. In accordance with the recommendations of the Planning Commission,the plan now includes a private drive to generate greater tree savings and smaller wetland impacts, as well as a conservation easement across the lakeshore side of the project. The setback to the CITY COUNCIL MINUTES May 17,2005 Page 4 Lund property has also been increased to 30 feet. To accomplish this, and keep tree loss to a minimum, all building pads had to be shifted to the east,resulting in some minor wetland fill on lot 1. However, total wetland impacts have been reduced from 3,490 square feet to 1,860 square feet. The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the April 11, 2005 meeting. There were no comments from the public. MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Case commented he has had this property on his radar screen for a long time and he recently walked the entire point. He was pleased wetlands were mitigated on site. Jeremiah confirmed the recent changes to the site substantially reduced wetland impact. Case then asked how often nurp ponds are counted toward mitigation. Dietz explained nurp ponds do count for public value credits, but at least one part of the 2:1 ratio needs to be fully restored, functional wetland. Case stated the archaeological study seemed cursory. He asked if the Council should request the developer "look as they go." Butcher said there is a site there, site 21-14E-220, but she did not know what it was—it could be historic (i.e. the Presbyterian camp) rather than prehistoric. She noted while the State archaeologist had not been contacted, State historic preservation was and would have raised a red flag if there had been an issue. Case then raised the issue of visual impact on the shoreline from Lake Riley beach. Though the first 50 feet of shoreline is a conservation easement consisting of virgin hardwood maple, the easement has large (25-foot) gaps to allow homeowners dock access. Case inquired whether that was typical and whether the breaks in the easement could be limited to an 8-foot trail. Dietz said shoreline easements are becoming common, with specified, inspected breaks in the easement. The lot values are staggering and people are paying for a premium view. If lake access is too restricted, people will abuse the easement. Jeremiah added the easement was negotiated, not required. Case stated the easement is old growth and should not interfere with the views, and the buffer is no-cut in any case. He noted the lines are not straight on the map and would be difficult to enforce. Butcher concurred the lake access needs to be reasonable to prevent encroachment. The question is how wide. She asked why eight feet. Case said this is a traditional trail width, similar to others in the area, and wide enough to get anything down. Aho inquired about width to allow landscaping along the CITY COUNCIL MINUTES May 17,2005 Page 5 path, and Case pointed out the easement and the Shoreline Ordinance stipulates the shoreline look as natural as possible. Jeremiah brought up potential issues with the 8-foot plan. The dock paths are curved to avoid trees. They would be difficult to mark and to define legally. Rosow said language could be inserted in the "no cut, no mow" section to state that homeowners could have an 8-foot path to the lake. The language could also be written to avoid any "snake-shaped trails" abusing the intent, and to prevent relocation of the trail once established. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2005-71 for Planned Unit Development Concept Review on 4.5 acres; and approve 1 st Reading of an Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-22 on 4.5acres; and adopt Resolution No. 2005-72 for Preliminary Plat on 4.5 acres into 4 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including language drafted by the City Attorney limiting paths to the lake to an 8-foot width and approve and Authorize Issuance of a Grading Permit for Pointe at Lake Riley, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated March 2, 2005, as approved by the City Council. Motion carried 4-0. C. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning District Amendment,Resolution for Preliminary Plat) Official notice of this public hearing was published in the May 5,2005,Eden Prairie Sun Current and sent to 11 property owners. The public hearing was continued to the June 71h meeting per developer's request. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Case, to approve Payment of Claims as submitted. The motion was approved on a roll call vote with Aho,Butcher, Case, and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES May 17,2005 Page 6 XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIIL APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Concepts for Winter Recreation Area Lambert explained the feasibility study for a winter recreation area, featuring at least one hockey rink and free skating, had shown none of the options studied are feasible due to cost. The Parks, Recreation, and Natural Resources Commission recommended not to continue the study, as any data on operating costs and revenues would be soon outdated. The Commission recommended Concept C at Staring Lake for potential future development, as it enhances the existing sliding hill and cross-country ski trails and provides a covered rink that could be used for a large picnic area or entertainment venue. Case asked whether a double rink at Round Lake had been one of the proposals. Lambert said that option costed out at $3 million. It was more than the original $2 million because that number was more of a guess, not made by an engineer. Even an uncovered double rink requires eight team rooms and storage for a zamboni, so it becomes a significant structure. MOTION: Aho moved, seconded by Case,to accept Concept C as the preferred concept from the plans developed for a winter recreation area and to terminate any further spending on the planning for the feasibility of any of these concepts at this time. Motion carried 4-0. 2. Proposed Underpass of TH 212 at Charlson Road Dietz explained that although the trail system plan has always indicated the use of the existing cattle pass under Highway 212, the Department of Transportation officials have indicated that that underpass will be used for storm water and cannot be a shared use for pedestrians; therefore, a separate underpass will have to be constructed with the improvements to Highway 212 at the intersection of Charlson Road. CITY COUNCIL MINUTES May 17, 2005 Page 7 The plan is to replace it with a fully functional pedestrian underpass, similar to the one passing under Highway 5 at the north end of Mitchell Lake. The estimated cost for the underpass is projected to be about $225,000. The cost for the eight-foot asphalt trail connection to Mooer Lane is about $200,000 to $250,000 depending on the costs for addressing the erosion. The funding source for this project, the underpass and the trail would be from park dedication fees. Case noted the trail would be a wonderful access to the Minnesota River Valley. MOTION: Butcher moved, seconded by Aho,to approve the construction of the underpass of TH 212 at Charlson Road and the trail connection to Riverview Road; and furthermore,to request a trail easement from the U.S. Fish and Wildlife Service and the Upgrala Hunt Club for a trail easement necessary to reach Riverview Road, and from the Hustad Development Company to provide a trail easement around the erosion problem on the east end of Riverview Road to complete the trail connection to Mooer Lane. Funding for the underpass and the trail are to come from park dedication fees. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for Technology Drive and Mitchell Road Improvements, I.C. #00-5508 (Resolution 2005-73) Dietz explained five bids were received for this project on Thursday, May 12,2005. The lowest bid, from Park Construction,was $2,354,840.17, which is 18%below the Engineer's Estimate of$2,861,828. He recommended awarding the contract. The work should be substantially complete this year. Case inquired if the low bid was cause for concern. Dietz said there is a shortage of construction work. The bids were close to each other, all low. He felt comfortable the bid was just competitive. Dietz said he had met with Tyra-Lukens regarding walkability. About $60,000 in landscaping has been removed from the project to promote walkability. Landscaping could be added later in concert with Major Center Area design. Unfortunately, the trails cannot be moved back much from the curb, but an additional crosswalk could be added. Tyra-Lukens asked about including another crosswalk in the plan. Tyra- Lukens noted there is a big housing unit going in,and it would be logical to put a crosswalk near it to provide convenient access to the trail. She suggested reallocating the landscaping savings toward walkability. Dietz said staff would look at this. CITY COUNCIL MINUTES May 17,2005 Page 8 MOTION: Case moved, seconded by Butcher,to adopt Resolution No. 2005-73 awarding contract for I.C. 00-5508, Technology Drive and Mitchell Road Improvements to Park Construction, in the amount of $2,354,840.17. Motion carried 4-0. 2. Award Contract for Preparation of a Lake Management Plan for Round Lake,IC #02-5581 Dietz noted that on April 26t'the City Council requested Staff to provide a summary of the studies and activities that have occurred at Round Lake and obtain a consultant proposal to review alternatives to treating the lake with alum, as suggested in the 1999 Watershed District plan. He referenced the history of lake in the packet, which detailed what has worked, and what has not. Blue Water Science has worked for Chanhassen and Plymouth and would look at alternatives to get the lake in swimmable condition. It would be a risk to spend money on a study, but with the alum treatment plant costing $760,000 with an annual operating cost of$20,000 - $30,000, it is probably worth doing. Aho said he was disappointed at the cost and that the study would take all summer. With the past work that has been done, he had thought it might be possible to implement a solution this year. He asked if that were unrealistic. Lambert said it would be valuable to get the opinion of an unbiased limnologist with nothing to gain, since he doesn't sell any treatments. He noted Round Lake has probably been studied more than any lake in Minnesota. Dietz noted some action has been taken, namely the installation of a couple of ponds. Another is slated to be installed by the Watershed District this year. He pointed out the alum treatment plant could not be installed this summer either. The Blue Water Science study won't delay that option at all. It is just not as fast as we might like. Aho asked if the study length were due to scientific necessity, or to lack of capacity by the contractor. Dietz said the plan includes mapping vegetation,which emerges throughout the summer. The October report date is actually quite soon after the data gathering is complete. Case said he shared Aho's frustration. The same issues arose in 1998 when a quick fix couldn't be found. Case said that then, a quick fix either didn't exist or was too expensive. They are still probably looking at a long-term solution. Although $13,000 is a lot, it is reasonable for a three to four month study. CITY COUNCIL MINUTES May 17,2005 Page 9 Neal noted even if the study generates good recommendations, it would still only be the start of negotiations with the Watershed District, which thinks it already has the solution. The City would not be able to proceed on any recommendations without them. Butcher noted the City truly had tried quick fixes, such as goose removal and natural chemicals,without effect. However, involving a limnologist is new. A limnological study would be useful in negotiating with the Watershed District. MOTION: Case moved, seconded by Aho,to award the contract for Preparation of a Lake Management Plan for Round Lake in the amount of $13,700. Motion carried 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting at 8:16 p.m. Motion carried 4-0. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Beer Organization: Wings of the North Event: Air Expo 2005 Date: July 23 —24, 2005 Place: Flying Cloud Airport Amendment to Liquor License 2AM Closing Permit-Renewal Redstone American Grill, Inc DBA: Redstone American Grill Eden Prairie Jakes, Inc DBA: Epic CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. B. Randy L. Slick Final Plat Approval of Columbine Road Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Columbine Road Addition. Synopsis This proposal is for a plat located southwest of the Prairie Center Drive / Columbine Road intersection. The plat consists of 31.49 acres to be divided into one lot, three outlots and right- of-way dedication for street purposes. The City acquired this land parcel from the State as a conveyance of Forfeited Lands in February, 2002. This is a replat of Lot 2, Block 2 and Outlot A, Castle Ridge. Background Information The preliminary plat was approved by the City Council April 12, 2005. Approval of the final plat is subject to the following conditions: • Provide a list of areas (to the nearest square foot)of all lots, outlots and road right-of- ways certified by surveyor. Attachments • Drawing of final plat • Resolution COLUMBINE ROAD ADDITION R.T. DOC. NO. A D D .1-- --T EAST 1112.73 ()A- 3-00 OUTLOT s..eeB 1 V e -7 C, it 4 !& 7—'T— LOT 1 1 w ewe 6��Ail THE BASIS OF BEARINGS IS ASSUMED BLOCK UP * DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET A ND MARKED BY R.L.S.NO.13637 ENOTES * C IRON MONUMENT FOUND P.O.B. DEN—POINT Of BEGINNING -n- �M—NI \111NER D.. < LNE 01 'N c) &-30'36',37" o K, iT tp,- R-150.OD - L-80.14 OUTLOT A 0 0 8, \\\ 0 IDD 200 3100 DRAINAGE AND VTIUTY EASEMENTS ARE SHOMIN THU& TO SCALE) 71;�8 41,1 T BEING 10 FEET IN VADTH AND ADMINING L07 UNES.UNLES 01HERRISE INDICATED,AND 10 FEET IN "OTH NLESS OTHERRISE INDICATED AND Al—ING RIGHT--Y LINES.AS SHOMM ON THE PLAT 1 0 R-1 4D.0 00 L -s L=163.3 N11*59'22-IN TK 1/11 1 Y 147.58 ———————————— CA TLEMOOR ' se �R!02DO'DO' 8 C,AsL T ————— S89*58'56"E 905.12 'A�30'00'38"L-110.80 A /A\ T Hansen Thorp Pellinen Olson Inc. A-11— SHIET 2 OF 2 SHEETS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF COLUMBINE ROAD ADDITION WHEREAS, the plat of Columbine Road Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Columbine Road Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 7, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 7, 2005. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: June 7, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-130 ITEM NO.: VI. C. Al Gray Approve Columbine Road Easement Public Works/Engineering Agreement Requested Action Move to: Approve the Columbine Road Easement Agreement with Well-Prop (MULTI) LLC (Flagship Athletic Club). Synopsis The completion of Columbine Road between Fountain Place and Prairie Center Drive requires p 9 permanent and temporary easements. The attached Easement Agreement provides for the exchange of property between Flagship and the City, as outlined in the June, 2004 Columbine Road Improvements Feasibility Study. Background Information Columbine Road is one of only seven transportation corridors connecting the City north/south between TH 5 and the Anderson Lakes Parkway/Scenic Heights Corridors. The City obtained a deed from the State in 2002 for the land through which the last segment of Columbine Road is being constructed. A portion of the Flagship parking facility was constructed onto this land in the mid-1980's. This Agreement provides for a land exchange which supports the construction of Columbine Road and the continuation of the Flagship parking facility. Attachments • Easement Agreement COLUMBINE ROAD EASEMENT AGREEMENT This Columbine Road Easement Agreement is made as of this day of , 2005 ("Agreement"), by and between the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City") and WELL-PROP (MULTI) LLC, a Delaware limited liability company("WELL-PROP"). WHEREAS, WELL-PROP is the owner of certain property legally described as Lot 1, Block 1, Flagship Addition, Hennepin County, Minnesota("Lot 1"); and WHEREAS, City is the owner of property legally described as Outlot A, Castle Ridge, Hennepin County, Minnesota ("Outlot A") by a Conveyance of Forfeited Lands by and between the State of Minnesota and City dated February 22, 2002, Commissioner's Deed No. 0195609, Document No. 3507819 filed in Hennepin County; and WHEREAS, WELL-PROP desires to continue to maintain a portion of its parking facility that encroaches onto Outlot A; and WHEREAS, the City desires temporary and permanent easements over a portion of Lot 1 for the construction of Columbine Road in accordance with plans prepared by Hansen Thorp Pellinen, Olson, Inc., titled Columbine Road, I.C. 52-130, dated June 25, 2004 and on file in the office of the City's Engineering Division("Plans"); and WHEREAS, the parties desire to evidence in writing the terms and conditions of a land exchange to allow WELL-PROP to continue and maintain a portion of its parking that encroaches onto Outlot A and the City the perpetual right to construct and maintain Columbine Road. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Parking, Facility. The City hereby declares and grants to WELL-PROP a temporary easement appurtenant to Lot 1 for the use and maintenance of the existing parking facility that encroaches on, over and across that part of Outlot A described as follows: See Exhibit A attached hereto and made a part hereof. 2. Plat of Columbine Road Addition. The City will plat Outlot A and other lands as the Columbine Road Addition. The above-described easement area will be platted as Outlot B, Columbine Road Addition. After the plat is duly recorded, the City will convey, by Warranty Deed, Outlot B, Columbine Road Addition to WELL-PROP. The temporary easement for use and maintenance of the existing parking facility shall expire upon conveyance of said Outlot B. 3. Columbine Road Construction Easement. Contemporaneous with the execution of this Agreement WELL-PROP grants to City a temporary easement for the construction of Columbine Road over and across that part of Lot 1, pursuant to the temporary easement set forth on Exhibit B. The temporary easement shall expire on November 1, 2005. 4. Columbine Road Permanent Easement. Contemporaneous with the execution of this Agreement WELL-PROP grants to City a permanent easement for Columbine Road over and across that part of Lot 1 pursuant to the permanent easement set forth on Exhibit C. On or before November 1, 2005, the City will file for recording with Hennepin County a permanent easement for Columbine Road over and across that part of Lot 1. 5. Administrative and Legal Expenses. Within thirty (30) days of the day of this Agreement, the City shall pay to WELL-PROP the sum of Five Thousand Dollars and No/100 ($5,000.00) for WELL-PROP's administrative and legal expenses. 6. Construction of Columbine Road Improvements. City, at its sole cost and expense shall construct the Columbine Road Improvements, including the reconstruction of a portion of WELL-PROP's parking facility on Lot 1, in accordance with the Plans attached hereto and made a part hereto as Exhibit D. All construction access to Lot 1 by City and its contractor shall be from Outlot A. City shall provide WELL-PROP a written construction schedule and seven (7) days written notice prior to beginning construction on Lot 1. The City will coordinate with public and private utilities so as not to interrupt utility service to building facilities located on Lot 1. 7. Indemnification. City agrees to indemnify, defend and hold harmless WELL- PROP and its employees, agents, and contractors and Bank of American, N.A. as master servicer on behalf of LaSalle Bank, N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1 ("WELL-PROP's Lender"), for any and all losses, claims. liabilities, liens, or damages arising out of the construction of the Columbine Road Improvements or by the City's use of the Columbine Road Construction Easement or the Columbine Road Permanent Easement, except for losses, claims. liabilities, liens, injuries or damages caused by WELL-PROP's acts or omissions. 8. Applicable Law. The laws of the State of Minnesota shall apply to the interpretation of this Agreement and to the resolution of any disputes arising out of the matters set forth herein. 9. Liens. City shall not permit any lien to be filed against Lot 1 or Outlot B for any labor or materials in connection with work of any character performed or claimed to have been performed at the direction of City or its agents, consultants, 2 employees and contractors. In the event of any such lien attaching to Lot 1 or Outlot B, City shall cause the lien to be removed not later than 60 days thereafter, failure of which shall constitute a breach of this Agreement. City will indemnity WELL-PROP and WELL-PROP's Lender for any costs, losses, or damages relating to any lien. 10. Notice. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed delivered when personally delivered, on the first day following delivery to an overnight courier service or on the third day after deposit in the U. S. Mail as registered or certified mail, return receipt requested, postage prepaid, as follows: WELL-PROP(Multi) LLC, c/o W. P. Carey& Company LLC 50 Rockefeller Plaza Second Floor New York,NY 10020 Attn: Holly Mauro With copy to: Reed Smith LLP 599 Lexington Avenue 29t'Floor New York,NY 10022 Attn: Joseph M. Marger, Esq. WELL-PROP s Lender: Bank of American, N.A. Capitol Markets Servicing 555 South Flower Street Sixth Floor Los Angeles, CA 90071 Attn: Asset Manager WELL-PROP s Tenant: Flagship Athletic Club 755 Prairie Center Drive Eden Prairie, MN 55344 Attn: General Manager 3 City of Eden Prairie: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55347 Attn: City Manager Names and addresses may be changed by the parties by notice given in accordance with the provision hereof. 11. Merl. This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written agreements between the parties. There are no oral understandings or agreements that in any way change the terms, covenants, and conditions herein set forth, and no modification of this Agreement and no waiver of any of its terms and conditions shall be effective unless made in writing and duly executed by the parties hereto. 12. Counterparts. This Agreement may be executed in one or more counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. Attorney. In the event of any controversy, claim or dispute relating to this Agreement, the prevailing party in a non-appealable judicial resolution of such controversy, claim or dispute, shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 14. Severability. If any one or more of the provisions of this Agreement is determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affect or impaired thereby unless as a result, the purpose and intent of this Agreement shall thereby be substantially and essentially impaired. In such event, the parties shall diligently proceed to revise this Agreement in order to rememorialize such purpose and intent. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 4 IN WITNESS WHEREOF, the parties to this Agreement have executed as of the day and year first above written. WELL-PROP(MULTI)LLC, a CITY OF EDEN PRAIRIE, a municipal corporation Delaware limited liability company By: WELL-MEZ (MULTI) LLC, By its sole member Nancy Tyra-Lukens By: WELL(MULTI) QRS 15-17, Inc., Its: Mayor its managing member By By Scott Neal Its: Its: City Manager 5 CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Banc of America Commercial M Pass-Through Certificates Series 2003-1 Mortgage Inc., Commercial Mortgage Pass Throug , ("Lender"), hereby consents to the execution by WELL-PROP (MULTI) LLC of the foregoing Columbine Road Easement Agreement and to the terms and conditions thereof. By: Bank of America,N.A., as Master Servicer By: Name: Title: 6 CONSENT OF TENANT STARMARK CAMHOOD, L.L.C., a Delaware corporation, as Tenant("Tenant") under that certain Lease Agreement dated as of February 12, 2003 between Tenant and WELL- PROP(MULTI)LLC,a Delaware limited liability company, as Landlord,hereby consents to the execution by WELL-PROP (MULTI)LLC of the foregoing Columbine Road Easement Agreement and to the terms and conditions thereof. TENANT: STARMARK CAMHOOD, L.L.C., a Delaware limited liability company By: Starmark Holdings,L.L.C. its sole member and manager By: Name: Title: C:\DOCUME-1\smjacobo\LOCALS-1\Temp\MetaSave\WELLBRIDGE Eden Prarie Easement.DOC 7 EXHIBIT A TEMPORARY EASEMENT The undersigned Grantor(s), City of Eden Prairie, a municipal corporation, for and in consideration of one and no/100 ($1.00) Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to WELL-PROP (MULTI) LLC, a Delaware limited liability corporation ("Grantee"), a temporary easement for the use and maintenance of the existing parking facility that encroaches on, over and across the following described land situated in the County of Hennepin, State of Minnesota to-wit: PROPERTY DESCRIPTION: Outlot A, Castle Ridge, Hennepin County, Minnesota EASEMENT DESCRIPTION: That part of Outlot A, Castle Ridge, Hennepin County, according to the recorded plat thereof described as follows: Commencing at the Northwest Corner of said Outlot A; thence on a assumed bearing East along the North line of said Outlot A, a distance of 395.00 feet to the point of beginning of the land to be described; thence South a distance of 47.84 feet; thence East a distance of 410.40 feet; thence Northeasterly a distance of 10.41 feet along a non-tangential curve concave to the Southeast having a radius of 327.95 feet, a central angle of 1 degree 49 minutes 07 seconds, a chord bearing of North 59 degrees 26 minutes 13 seconds East and a chord length of 10.41 feet; thence North 60 degrees 20 minutes 47 seconds East, tangent to last described curve, a distance of 6.43 feet; thence Northeasterly a distance of 99.82 feet along a tangential curve concave to the Southeast having a radius of 331.00 feet, and a central angle of 17 degrees 16 minutes 42 seconds; thence North 77 degrees 37 minutes 29 seconds East, tangent to last described curve, a distance of 17.30 feet, to the North line of said Outlot A; thence West along said North line to the point of beginning. Said temporary easement for use and maintenance of the existing parking facility shall expire upon conveyance of Outlot B, Columbine Road Addition, Hennepin County, Minnesota. to Grantee WELL-PROP(MULTI)LLC. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 8 This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this day of 52005. OWNER: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its: Mayor By: Scott Neal Its: City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens, the Mayor, on behalf of the City of Eden Prairie, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by Scott Neal, the City Administrator, on behalf of the City of Eden Prairie, a Minnesota Municipal corporation. Notary Public 9 THIS INSTRUMENT DRAFTED BY: Richard F. Rosow, Esq. GREGERSON,ROSOW,JOHNSON&NILAN,LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.338.0755 10 EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT The undersigned Grantor(s), a Delaware limited liability company, for and in consideration of one and no/l00 ($1.00) Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota("Grantee"), a temporary easement for construction purposes on, over, under and across the following described land situated in the County of Hennepin, State of Minnesota, to-wit: PROPERTY DESCRIPTION: Lot 1, Block 1, Flagship Addition, Hennepin County, Minnesota EASEMENT DESCRIPTION: Beginning at the southeast corner of said Lot 1; thence South 88 degrees 00 minutes 43 seconds West along the south line of said Lot I a distance of 441.62 feet; thence North 02 degrees 08 minutes 26 seconds West a distance of 76.58 feet; thence North 88 degrees 03 minutes 00 seconds East a distance of 205.28 feet; thence North 58 degrees 27 minutes 00 seconds East a distance of 70.12 feet; thence South 31 degrees 15 minutes 04 seconds East a distance of 21.78 feet; thence North 58 degrees 23 minutes 13 seconds East a distance of 89.65 feet; thence South 34 degrees 10 minutes 53 seconds East a distance of 18.35 feet; thence South 03 degrees 55 minutes 35 seconds East a distance of 38.09 feet; thence North 87 degrees 02 minutes 50 seconds East a distance of 50.67 feet; thence North 00 degrees 08 minutes 02 seconds West a distance of 280.26 feet; thence North 84 degrees 54 minutes 17 seconds East a distance of 16.39 feet to a point on the East line of said Lot 1; thence Southerly along the East line of said Lot 1 to the point of beginning. Said temporary construction easement to expire November 1, 2005. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. Grantee shall indemnify, defend and hold harmless Grantor and its employees, agents, and contractors and Bank of American,N.A. as master servicer on behalf of LaSalle Bank, N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1, for any and all losses, claims. liabilities, liens, or damages arising out of Grantee's use of the temporary easement herein granted, except for losses, claim, liabilities, liens, injuries or damages caused by Grantor's acts or omissions. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] II This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this day of 52005. OWNER: WELL-PROP(MULTI)LLC., a Delaware limited liability company By: WELL-MEZ (MULTI)LLC, its sole member By: WELL(MULTI) QRS 15-17, Inc., its managing member By Name: Title: STATE OF NEW YORK ) ss. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this day of 2005, by the of WELL (MULTI) QRS 15-17, Inc., a corporation under the laws of the state of Delaware, on behalf of the corporation, as the managing member of WELL-MEZ (MULTI)LLC, a limited liability company under the laws of the state of Delaware, as the sole member of WELL-PROP (MULTI) LLC, a limited liability company under the laws of the state of Delaware, on behalf of WELL-PROP(MULTI)LLC. Notary Public THIS INSTRUMENT DRAFTED BY: Richard F. Rosow, Esq. GREGERSON, ROSOW,JOHNSON&NILAN,LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.338.0755 12 CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2003-1 ("Lender"), hereby consents to the recording of the foregoing Temporary Construction Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota,and to the terms and conditions thereof. By: Bank of America,N.A., as Master Servicer By: Name: Title: [ADD ACKNOWLEDGEMENT] 13 CONSENT OF TENANT STARMARK CAMHOOD, L.L.C., a Delaware corporation, as Tenant("Tenant") under that certain Lease Agreement dated as of February 12, 2003 between Tenant and WELL- PROP(MULTI) LLC,a Delaware limited liability company, as Landlord, hereby consents to the recording of the foregoing Temporary Construction Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota, and to the terms and conditions thereof. TENANT: STARMARK CAMHOOD, L.L.C., a Delaware limited liability company By: Starmark Holdings, L.L.C. its sole member and manager By: Name: Title: STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by ,the , on behalf of Starmark Holdings, L.L.C., the sole member of STARMARK CAMHOOD,L.L.C., a Delaware limited liabilitty company. Notary Public 14 EXHIBIT C PERMANENT EASEMENT The undersigned Grantor(s), WELL-PROP (MULTI) LLC, a Delaware limited liability company, for and in consideration of one and no/100 ($1.00) Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota ("Grantee"), a permanent easement for roadway and trail purposes on, over, under and across the following described land situated in the County of Hennepin, State of Minnesota, to-wit: PROPERTY DESCRIPTION: Lot 1, Block 1, Flagship Addition, Hennepin County, Minnesota EASEMENT DESCRIPTION: An easement for Right of Way Purposes over, under and across that part of Lot 1, Block 1, Flagship Addition, Hennepin County, Minnesota described as follows; Commencing at the southeast corner of said Lot 1; thence South 88 degrees 00 minutes 43 seconds West along the south line of said Lot 1 a distance of 183.05 feet; thence North 75 degrees 38 minutes 12 seconds East a distance of 154.35 feet; thence easterly 41.55 feet along a curve concave to the northwest and tangential to the last described line, having a central angle of 79 degrees 20 minutes 44 seconds and a radius of 30.0 feet; thence 69.04 feet northerly along a curve concave easterly, having a central angle of 3 degrees 34 minutes 28 seconds and a radius of 1106.71 feet; thence North 00 degrees 08 minutes 04 seconds West a distance of 147.57 feet; thence North 01 degrees 37 minutes 39 seconds East a distance of 73.38 feet to a point on the east line of said Lot 1. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. Grantee shall indemnify, defend and hold harmless Grantor and its employees, agents, and contractors and Bank of American,N.A. as master servicer on behalf of LaSalle Bank, N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1, for any and all losses, claims. liabilities, liens, or damages arising out of Grantee's use of the easement herein granted, except for losses, claims. liabilities, liens, injuries or damages caused by Grantor's acts or omissions. This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this day of 92005. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 15 OWNER: WELL-PROP(MULTI), LLC. By By Its Its STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by , the on behalf of WELL-PROP (MULTI),LLC, a Delaware limited liability company. Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by , the on behalf of WELL-PROP (MULTI),LLC, a Delaware limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY: Richard F. Rosow, Esq. GREGERSON,ROSOW,JOHNSON&NILAN, LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.338.0755 16 CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2003-1 ("Lender"), hereby consents to the recording of the foregoing Permanent Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota, and to the terms and conditions thereof. By: Bank of America,N.A.,as Master Servicer By: Name: Title: FADD ACKNOWLEDGEMENT] 17 CONSENT OF TENANT STARMARK CAMHOOD, L.L.C., a Delaware corporation, as Tenant("Tenant") under that certain Lease Agreement dated as of February 12, 2003 between Tenant and WELL- PROP(MULTI) LLC,a Delaware limited liability company, as Landlord,hereby consents to the recording of the foregoing Permanent Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota, and to the terms and conditions thereof. TENANT: STARMARK CAMHOOD, L.L.C., a Delaware limited liability company By: Starmark Holdings, L.L.C. its sole member and manager By: Name: Title: STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by , the , on behalf of Starmark Holdings, L.L.C.,the sole member of STARMARK CAMHOOD, L.L.C., a Delaware limited liabilitty company. Notary Public G:IC's/52-130/(4-26 ver) 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.: VI. D. Randy Newton Adopt resolution awarding Construction -Public Works/Engineering Contract for the TH 212/Charlson Road Intersection Improvement Project. Requested Action Move to: Adopt resolution awarding construction contract for I.C. 05-5638 (TH 212/Charlson Road Intersection Improvement Project)to S.M. Hentges& Sons, Inc. Synopsis Sealed bids were received Thursday May 26, 2005 for this project. Five(5) bids were received and are summarized in the attached Consultant Recommendation Letter. The low bid in the amount of$2,082,999.90 was submitted by S.M. Hentges& Sons, Inc. and is 19%below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to S.M. Hentges& Sons, Inc. in the amount of$2,082,999.90. Background Information The TH 212/Charlson Road Intersection Improvement Project includes constructing the TH 212 /Charlson Road intersection with turn lanes, installing a traffic signal, constructing a second westbound through lane on TH 212 and constructing a pedestrian underpass. The plans and specifications for the project were approved at the April 26, 2005 City Council meeting. The project includes a$50,000 Early Completion Incentive to substantially complete the project by December 9, 2005. If this date is not met the project is expected to be completed by June 2006. Financial Implications The Eden Bluff Developer(United Properties), on an assessment basis, is responsible for all costs associated with the project with the exception of the pedestrian underpass. As a separate item on this Consent Calendar the special assessment agreement is being presented to the City Council for approval. The City of Eden Prairie is responsible for the cost of the pedestrian underpass and is expecting to pay these costs through the Park Dedication Fund Based on the bid prices the pedestrian underpass is expected to cost approximately $130,000. Attachments • Resolution • Consultant Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005 RESOLUTION ACCEPTING BID FOR TH 212 AND CHARLSON ROAD INTERSECTION IMPROVEMENT PROJECT I.C.05-5638 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 05-5638: TH 212 at Charlson Road Intersection Improvement Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter;and WHEREAS, the City Engineer recommends award of Contract to S.M.Hentges& Sons, Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with S.M. Hentges & Sons, Inc. in the name of the City of Eden Prairie, in the amount of $2,082,999.90, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 7, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk HICONSULTING GROUP , INC . Transportation•Civil■Structural•Environmental•Planning•Traffic■Landscape Architecture■Parking SRF No. 0045263 0120 May 31, 2005 Mr.Alan Gray,P.E. City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr. Gray: SUBJECT: T.H.212 AND CHARLSON ROAD EDEN PRAIRIE I.C.05-5638 SAP 181-010-016 Sealed bids were received for the referenced project on Thursday, May 26, 2005, at the Eden Prairie City offices. Five (5) bids were received, and we have enclosed a complete bid abstract. The Engineer's Estimate for this project is $2,566,092.00. The Contractors and their bid amounts are as follows: Contractor Bid Amount S.M.Hentges & Sons,Inc. $2,082,999.90 Eureka Construction, Inc. $2,147,104.30 Park Construction Company $2,454,482.18 p Y Bituminous Roadways, Inc. $2,658,110.15 Midwest Asphalt Corporation $2,664,570.28 We understand that the City of Eden Prairie reviewed the low bidder's qualifications and concur that S.M. Hentges & Sons, Inc. meets the minimum requirements. We recommend award of Improvement Contract No. 05-5638 to S.M. Hentges,Inc. in the amount of$2,082,999.90,which includes a$50,000 Early Completion Incentive. If you have any questions,please feel free to contact us. Sincerely, SRF CONSULTING G OUP,INC. Curt A. Kobilaresik Associate Enclosure SIZE VolUAProfectsl52631H1-MUIDOCI4wardLetter053105.doc One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: June 7, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: VI. E. Rodney Rue Approve Plans and Specifications for Public Works/Engineering Trail Construction on Anderson Lakes Parkway Requested Action Move to: Adopt resolution approving plans and specifications and order bids for trail construction along Anderson Lakes Parkway from Franlo Road to Neill Lake Road. Synopsis This project will extend a trail along the South side of Anderson Lakes Parkway, from Franlo Road to Neill Lake Road. The project is funded from the trail budget in the Capital Improvement Plan. Background Information This trail project was originally funded in the 2002/2003 CIP. Due to easement procurement issues,the trail project was delayed and ultimately split into two projects. The first project was constructed in 2004 from the trail terminus(East of Franlo Road)to Franlo Road. This first project also included a right-turn lane on Franlo Road at Anderson Lakes Parkway. Attachments Resolution f CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS I.C.01-5525 WHEREAS, the City Engineer, with the assistance of HTPO, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 01-5525 Trail construction along Anderson Lakes Parkway from Franlo Road to Neill Lake Road and has resented such plans and specification to the Council for royal. P P P pp NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m. June 16, 2005, at City Hall, after which time they will be publicly opened by the City Engineer or designated representative, will then be tabulated, and will be considered by the Council at 7:00 p.m., Tuesday, June 21, 2005, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 7,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: June 7, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: VI. F. Rodney Rue Approve Professional Services Public Works/Engineering Agreement with HTPO, Inc. for Trail Construction on Anderson Lakes Parkway Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for trail construction along Anderson Lakes Parkway, from Franlo Road to Neill Lake Road. Synopsis This project will extend a trail along the south side of Anderson Lakes Parkway, from Franlo Road to Neill Lake Road. The project is funded from the trail budget in the Capital Improvement Plan. Background Information This trail project was originally funded in the 2002/2003 CIP. Due to easement procurement issues, the trail project was delayed and ultimately split into two projects. The first project was constructed in 2004 from the trail terminus East of Franlo Road)to Franlo Road. This first project also included a right-turn lane on Franlo Road at Anderson Lakes Parkway. Attachments • HTPO's Professional Services Agreement Z 1 E1 Engineering•Surveying ;1 Landscape Architecture May 24,2005 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Mr.Rod Rue Re: Anderson Lakes Parkway Trail,Phase 2 Dear Rod: As requested, the following estimate for civil engineering and surveying services for the above referenced project is provided for your consideration. Estimate Scope of Services $8,500.00 Preparation of construction documents, bid administration,construction administration,staking and inspection HTPO, Inc. proposes to provide services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. Customary reimbursable expenses (printing, courier, and other out-of-house services and documents) are passed on directly to you. We invoice our services monthly payable within 30 days. 7510 Market Place Drive Eden Prairie,MN 55344 952-829-0700 952-829-7806 fax HANSEN ORP PELLINEN OLSON, Rue/Johnson May 24,2005 Page 2 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A. Principal LAJ:kb Enclosure Approved: City of Eden Prairie By: By: CITY of EDEN PRAIRIE GENERAL CoNwrms Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1..3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant the work and submission of Consultant's report, which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information fiirnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMTTS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. 'Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim,or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LEMHATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 .Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree Pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute, the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly,and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance f Worker's Compensation q P o C mp hon Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee,or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work, and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRI IINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract; the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, strikes,riots,fires,acts of God,govemnmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books records documents and accounting understandings, oral or written between City and Consultant art procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein, City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00,the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #05-5651 ITEM NO.: VI. G. Mary Krause Award Contract for Street Striping to Public Works/Engineering Century Fence Company Requested Action Move to: Award contract for 2005 Striping to Century Fence Company, in the amount of$36,470.00. Synopsis Sealed bids were received Thursday,June 2, 2005 for the 2005 Striping project. Three bids were received and are tabulated as follows: Century Fence Company $36,470.00 AAA Striping $53,900.00 United Rentals $76,800.00 Background Information Street striping is an annual street maintenance project. The budget for 2005 is $70,000.00 under budget#1714-6337. Staff recommends award to Century Fence Company. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. H. Al Gray Approve License Agreement with Public Works/Engineering MnDNR Requested Action Move to: Approve License Agreement with the Minnesota Department of Natural Resources (MnDNR) for sanitary sewer and watermain crossing of Riley Creek at Eden Prairie Road. Synopsis The extension of sanitary sewer and watermain across Riley Creek on Eden Prairie Road requires a license from the DNR. The License Agreement is the standard procedure by DNR in permitting utility crossings of public waters. Background Information The City extended sanitary sewer and watermain in Eden Prairie Road to the north side of Riley Creek in 2004. Epic Development will extend these utilities south across Riley Creek to serve the proposed Ridge at Riley Creek residential development this summer. The City will own and operate the utilities upon completion of construction. DRN requires the City, as the owner,to enter into the License Agreement. Attachments • License Agreement MINNESOTA DEPARTMENT LICENSE NUMBER#144-065-6191 OF NATURAL RESOURCES APPLY NUMBER 76229 TRN 525 LS 09 COMPANY PROJECT NO:N/A LICENSE FOR UTILITY TO CROSS PROTECTED WATERS This license is issued by the commissioner of natural resources under authority and subject to the limitations in Minnesota Statutes,section 84.415,and Minnesota Rules Chapter 6135 and other applicable law to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 License Fee: One Hundred Fifty-Nine Dollars($159.00) Term(years): 25 years Effective Date: May 15,2005 Termination Date: May 14,2030. _ Purpose of License: Construction,maintenance and operation of liquids and solids in suspension pipelines under water under the covenants and agreements of the Licensee to use the following described waters: That part of the NE1/4NE1/4 in Section 29,Township 116 North,Range 22 West in Hennepin County as shown on the attached application and map,all of which are made a part hereof by reference. This license is granted subject to the following provisions: 1. At the end of the license period if both parties wish to renew,the renewal fee and time period will be determined by such methods as are developed by the commissioner of natural resources. 2. This license shall be cancelable upon reasonable notice by the commissioner for violation of any of its terms,or if at any time its continuance will conflict with a public use of water over or upon which it is granted,or for any other reason. Licensee shall ensure that Licensee's employees,agents and contractors have received and thoroughly understand all conditions of this license. 3. Unless otherwise authorized b the commissioner,upon the surrender,termination or cancellation of this license, Y P e Licensee hall remove from the above described waters all the utility lines and related structures owned by it. the s o e tY If Licensee does not remove such lines or related structures,all such lines or structures remaining shall become the property of the State,to be used or disposed of as the commissioner elects. The Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 4. The Licensee shall comply with all federal,state and local laws and regulations,including municipal ordinances, affecting said waters,and shall remove all refuse and debris that may accumulate therein. The project hereunder shall at all times during and after construction be subject to inspection by the commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable times. 5. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use,sale,or leasing for mineral or other legal purposes. 6. This license is subject to the provisions of Minnesota Statutes,section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license,except such variations as are identified and approved by the commissioner in the license applications,plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the commissioner. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the commissioner unless it has first obtained written permission from the Regional Operations Supervisor. G. Excavated materials shall not be deposited or stored alongside a protected water in a manner where the. materials can be redeposited into the protected water by reasonably expected high water or storm run-off. 16. Unless otherwise authorized by the Regional Operations Supervisor,the Licensee shall not apply herbicides or pesticides to the water in the course of construction or maintenance of the utility line. 17. Emergency repairs and replacements may be made without prior notification to the Regional Operations Supervisor by the Licensee according to conditions and standards prescribed by Minnesota Rules,Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the Regional Operations Supervisor of this activity as soon as practicable. 18. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within 10 days following completion of licensed work for compliance inspection. 19. This license is subject to the SPECIAL PROVISIONS attached hereto(if none,state none). None. 20.The Regional Operations Supervisor is Paul Purman at DNR Lands and Minerals; 1200 Warner Road; St.Paul,MN 55106. Phone(651)772-7942. Any questions about this license shall be directed to the Regional Operations Supervisor. ACCEPTED AND ACKNOWLEDGED STATE OF MINNESOTA COMMISSIONER OF NATURAL RESOURCES CITY OF EDEN PRAIRIE GENE MERRIAM Licensee(s) Commissioner of Natural Resources By By Title Title Regional Operations Supervisor By Title Form approved by the Office of the Attorney General 01/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. I. Robert Lambert, Parks and Memorandum of Understanding Recreation Department between City of Eden Prairie and Director Friendship Ventures Requested Action Move to: Approve Memorandum of Understanding between the City of Eden Prairie and Friendship Ventures. Synopsis The purpose of the Memorandum of Understanding (MOU) is to provide for a legally non- binding collaborative relationship between the City of Eden Prairie and Friendship Ventures. The City of Eden Prairie leases the camp to Friendship Ventures for the purpose of providing recreation opportunities to people with developmental disabilities. The City of Eden Prairie and Friendship Ventures provide programs and services to the same constituencies, and promote the maximum use of their respective facility by the community. The MOU will allow each agency to have access to the requested programs, services and facilities as outlined in the attached MOU. Both parties have met to discuss the MOU and have agreed to 1) waive the fee for rental of meeting rooms, except when direct operating expenses (i.e., set up, take down, additional cleaning, meals) are incurred; 2) to develop a schedule for proposed programs, special events on a quarterly basis to better meet the needs of our community; 3) to promote and market each others programs and services via website, program brochures and display boards as appropriate; and 4) to develop and plan a minimum of two cooperative events with one event held at each agency's site. Friendship Ventures will receive a 25% discount rate to utilize the City of Eden Prairie's open swim and open skate program. The City of Eden Prairie will receive a 10%-25% discount rate on Friendship Ventures Team Quest Program(high/low ropes initiative program). Both agencies believe that everyone, regardless of ability level, deserves a chance to learn, make choices, explore and have fun in a safe recreation environment. Both agencies believe that these opportunities can be expanded at little or no additional cost by sharing access to facilities and information to our customers. Developing a MOU will allow both agencies to provide endless opportunities to the customers we serve without duplication. Attachment City of Eden Prairie&Friendship Ventures Memorandum of Understanding MEMORANDUM OF UNDERSTANDING CITY OF EDEN PRAIRIE&FRIENDSHIP VENTURES SHARED FACILITIES&PROGRAMS Philosophical Position The City of Eden Prairie and Friendship Ventures provide programs and services to the same constituencies,and promote the maximum use of their respective facilities by the community. Purpose of Memorandum of Understanding(MOU) The City of Eden Prairie leases the camp to Friendship Ventures for the purpose of providing recreation opportunities to people with developmental disabilities. The City provides programs for the same population. The purpose of the Memorandum of Understanding(MOU)is to provide for a legally non-binding collaborative relationship between the City of Eden Prairie and Friendship Ventures. Both believe that everyone, regardless of ability level,deserves a chance to learn,make choices,explore and have fun in a safe recreational environment. Both agencies believe that these opportunities can be expanded at little or no additional cost by sharing access to facilities and sharing information to our customers on services provided by both agencies. Agreements Relating to the City of Eden Prairie and Friendship Ventures Partnership Opportunities 1. Cooperative Programs-The City of Eden Prairie and Friendship Ventures agree to develop and plan a minimum of two cooperative events;one event to be held at a City-owned facility,and one event held at Friendship Ventures each year. 2. General Programs and Events-The City of Eden Prairie and Friendship Ventures agree to develop a schedule for proposed programs,events,and requests for use of respective facilities on a quarterly basis,based on availability. See Appendix A for a list possible programs. 3. Promotion/Marketing-The City of Eden Prairie and Friendship Ventures agree to promote and market each others programs and services via website,program brochures,and display boards as appropriate. 4. Facilities-It shall be the general philosophy and concept of the City of Eden Prairie and Friendship Venture to provide facilities at no charge to each other when the functions are provided for Eden Prairie residents. Exceptions occur when direct operating expenses,such as staffing costs(i.e.set up/take down, additional cleaning,etc.)are incurred then the cost shall be passed on to renter. City of Eden Prairie Facilities 1. City Facilities and Meeting Room Usage-The rental fee for meeting room space in these facilities will be waived,except when direct operating expenses,such as staffing costs(i.e.set up/take down,additional cleaning,etc.)are incurred then the cost shall be passed onto Friendship Ventures. • If use of these facilities takes place during hours of operation Friendship Ventures will not be charged if no direct costs are incurred. • If programs take place after hours of operation,Friendship Ventures will be charged direct costs. 2. Open Swim Lap Swim and Open Skate-Friendship Ventures direct service programs will receive a 25%discount on open swim/lap swim at the Eden Prairie Community Center and Oak Point Pool,and open skate at the Community Center during public hours. Friendship Ventures staff will be required to swipe their user membership card for each staff&client at the Membership Services Desk to access open swim/lap swim and open skate. 3. Free Skate Rentals-Friendship Ventures will receive free skate rentals during public open skate hours at the Community Center. See Appendix B for fees&charges for open swim/lap swim, open skate and skate rentals. Friendship Ventures Facilities L Conference Room-The rental fee for room space in this facility will be waived, except when direct operating expenses,such as staffing costs (i.e.set up/take down,additional cleaning,etc.)are incurred then the cost shall be passed onto the City of Eden Prairie.The City of Eden Prairie will be charged direct costs as required for the program/event such as catering services. See Appendix C for catering costs. 2. Team Quest-Team Quest is a team building challenge course offering group initiatives course and an extensive high elements challenge course. Team Quest team development workshop use an"Experiential Learning"model where groups actively participate in a process to develop decision-making skills,create trust, recognize leadership styles and improve communication and cooperation. A minimum of 10 people are required for all groups with the exception of Cooperative Group Game(20 people). • The City of Eden Prairie will receive a 25%discount for all Team Quest groups from November 15-March 31 and from June 15-August 15. • The City of Eden Prairie will receive a 10%discount for Team Quest groups scheduled on any available Monday,Tuesday or Wednesday during the dates of April 1-June 14 and August 16-November 14. See Appendix D for Team Quest rates. CITY OF EDEN PRAIRIE Dated: June 7,2005 By: Scott Neal,City Manager Dated: June 7,2005 By: Nancy Tyra-Lukens,Mayor FRIENDSHIP VENTURES Dated: June 7,2005 By: Georgann Rumsey,President/CEO Dated: June 7,2005 By: Linda Kelm,Eden Wood Site Director Appendix A City of Eden Prairie Parks and Recreation Possible Program Use of Friendship Ventures Facilities Staff Type Need Name of Need Description Season Edenwood Max. #of New or Existing Person Location Participants Carla Special Senior Events Valentine Brkfst, Spr., Sum., Conference 60-120 Existing Kress Events Halloween&Holiday Wtr.,Fall Room; Catering Lunch Services Programs Trips Lunch, coach bus, Year Round N/A 20-50 Existing &New extended Partnership Programs Outdoor Depending on available Spr., Sum., Conference 15 New programs. Fall Room Partnership Nicole Programs Leisure Ed. Teens with Disabilities. Summer Conference 15 Existing White Camps Enhance teens abilities Room, Ropes and skills through Course recreation camps: Safety,Experiential Ed.; Health/Wellness Programs Leisure Ed. Teens with Disabilities: Year-Round Conference 15-20 Existing&New Classes Enhance teens abilities Room, Ropes Partnership and skills through Course recreation. Programs Adaptive All ages with Year-Round Conference 15-20 Existing&New Programs disabilities Room, Ropes Partnership Course Programs Youth at Risk Develop and promote Year-Round Conference 10-15 New programs for at risk Room and youth in Eden Prairie. Ropes Course Partnership Program. Nicole Special Prairie Fest Teens. Weekend Fall Conference 50-70 Existing Weedman Event retreat to enhance (Nov) Room, Ropes emotional well-being Course and increase self- esteem. Special Prairie Jam Teens. Provide battle Year-Round S/S —Outdoors 30-60 Existing Event of bands quarterly or (Quarterly) Fall & Winter— when space allows. Conference Room Meetings Staff Training Summer Staff Summer Conference 45-50 Existing Room; Ropes Course Special Soul Fire Meet monthly and set Year-Round Conference 10-25 Existing Event up events and outings. Room; Ropes Teens Course Special Intergenerational Mommy and Me for Seasonal Conference 50-120 Existing Events Tea; Breakfast with the Room; Catering Bunny, Services Father/Daughter Dance Lyndell Special Athletic Assoc. Provide a year-end Year-End Conference 100 Existing Frey Event Banquets banquet for specific (Nov/Dec) Room; Catering associations. Services. Appendix B Friendship Ventures Fees and Charges for EPCC Swim and Skate Usage Actual Daily 25% Comments Activity Use Fee Discount OPEN $3.00 $2.25/person This rate is effective at both EPCC Swim and Oak Point Pool during public hours EPCC. Monday-Friday June I I—August 31: 1:00-4:00 pm Oak Point: Monday—Friday June I I-August 31 — 1:00-4:00 pm ost See be1Q 00 Aday- Th fir�-andnai� at August 141 ZZ"; p W OPEN $3.00 $2.25/person Available at EPCC during public SKATE hours. Monday-Friday 10:00 am-1:00 pm eq .............. N A .........j 14-1 --,z U.' SKATE $1.50 Free Effective only during open skate hours RENTALS at EPCC 6$AO, A, C $ S,"0 T 'R 04 :X . ......... AM Estimated Cost: 9 weeks x 2 hours/day x 4 days/week x 20 people x$3/hour Friendship Ventures staff will be required to swipe their pass card at the EPCC pool and Oak Point pool to access open swim and open skate. Appendix C City of Eden Prairie Fees & Charges Conference Room & Catering Services Activity Actual Fees Direct Cost Comments 1-7 hours/day Only Conference $55/hour No Rental Fee Plan 4—6 Room Direct Cost (ie, events/year @ set-up, take- 4 hours/event down ,vs - sa P6 s GV �7tS4 hirS ... Catering $4411/person $4411/person This cost will need Services depending on depending on to be included in the meal meal program registration fee. Appendix D City of Eden Prairie Fees & Charges Use of Team Quest Facilities Team Quest Actual 25% 10% Program Options Fees Discount Discount 2 Hour Program (Groups of 20+ Cooperative Games-Youth $7.50/ erson $5.93 $6.75 Campfire Extravaganza $7.00 $5.25 $6.30 4 Hour Prices Half Day Group Initiatives $17.00/ erson $12.75 $15.30 Half Day Highs $27.50/ erson $20.63 $24.75 3 on 1 $22.50/person $17.25 $20.25 Ropes on the Road $18.75/person, $14.07 $16.63 plus milea e 6—61/2 Hour Prices Full Day Group Initiatives $26.50/ erson $19.88 $23.85 Full Day Comprehensive $38.00/ erson $28.50 $34.20 8 Hour Prices Full Day Group Initiatives $28.50/ erson $21.38 $25.65 Full Day Comprehensive $39.50/ erson $29.63 $$35.55 Full Day High $42.00/ erson $31.50 $37.80 Ropes on the Road $30.00/person, $22.50 $27.00 plus mil eage Minimums of 10 people are required for all groups with the exception of Cooperative Group Game (Minimum 20). A 25% discount will be given to all City of Eden Prairie Team Quest groups from November 15 —March 31 and from June 15-August 15. See rates in above chart. A 10% discount will be given to all City of Eden Prairie Team Quest groups scheduled on any available Monday, Tuesday or Wednesday during April 1- June 14 and August 16-November 14. See rates in above chart. CITY COUNCIL AGENDA DATE: June 7, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. J. Paul Sticha, Office of the City Reallocate 2005 Facilities CIP Budget Manager, Facilities Projects in order to complete "minor" repairs as identified in Building Assessments Requested Action Move to: Reallocate 2005 Facilities CIP budget dollars to different projects per attached worksheet. Synopsis Current CIP Budget Allocation= $900,000 for six major projects Proposed (new) Allocation = $900,000 for 25 major and minor projects in all 25 City owned buildings. Background Information At the time the 2004/2005 CIP budget was developed, money was allocated to six major projects. Now that building assessments have been completed for all 25 City owned buildings, we believe it is prudent to complete most of the major projects as originally planned, but also reallocate significant budget dollars to "minor" repair items at all buildings. "Minor" repair items include caulking, tuckpointing,maintenance painting, replacing failed window gaskets, roof repairs and infrared surveys, concrete sidewalk and curb repairs and asphalt patching and crack sealing. For the most part this does not include major projects such as complete parking lot replacement or complete roof replacement,which will be budgeted for 2006 through 2010 and beyond. Attachment Worksheet Facilities 2005 Budget Allocation Worksheet Existing Facilities Budget Proposed (New) Budget Allocation City Hall Carpet $500,000 City Hall Carpet $430,000 Station 2 Asphalt 50,000 Station 2 Asphalt 48,000 Heat Pump Replace 75,000 Heat Pump Replace 75,000 City Hall Asphalt 100,000 City Hall Lot#2 75,000 Police Remodel 175,000 Finance Remodel 46,000 From Building Assessments: Caulking, Tuckpointing, Maintenance Painting, Roof Repairs, Concrete Sidewalk and Curb Repair, Asphalt Patching and Crack Sealing. City Hall $ 30,000 Den Road 2,000 Homeward 6,000 Crestwood 2,000 Outdoor 2,000 Round Lake 9,000 Miller Ice Rink 5,000 Miller Baseball 5,000 Nesbitt 5,000 Edenvale 2,000 Water Plant 17,000 Station 2 7,000 Station 3 10,000 Building 51 14,000 Maint. Facility 10,000 Station 1 12,000 Starring 19,000 Comm. Center 19,000 Senior Center 15,000 EPI &Wilkus Fees 35,000 Total Current Allocation $900,000 Total Reallocation $900,000 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VI. K. Office of the City Manager/ City Center Carpet Replacement Project Facilities Requested Action Move to award contract for carpet replacement in Eden Prairie City Center to LaVan Floor Covering Company. Synopsis The City advertised in the designated newspaper requesting sealed bids for the complete re- carpeting of the Eden Prairie City Center. The above company was the only bid received for the carpeting project with a total of$426,785. The City of Eden Prairie budgeted$500,000 in 2005 for this project. Background Information The carpet now in place is the original carpeting installed in 1993. It is showing severe wear in some areas. The flooring within City Center was not sealed prior to installation of the existing carpet, causing the carpet to detach from the concrete flooring. This problem will be corrected with this installation. Attachments LaVan Floor Covering Proposal Contract AGREEMENT THIS AGREEMENT is made and executed the 7th day of June, 2005, by and between the City of Eden Prairie, hereinafter referred to as the "Owner", and LaVan Floor Covering, hereinafter referred to as the "Contractor", WITNESSETH; Owner and Contractor, for the consideration hereinafter stated, agree as follows: 1. Contractor's Duties: The Contractor shall provide the equipment and construction services specified in the Plans and Specifications issued by Wilkus Architects, Inc. dated April 21, 2005, and shall do everything required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily comply with the conditions of the Contract Documents and complete the work contemplated b this P P Y Agreement in accordance with the Contract Documents. 2. Bonds: Not applicable. 3. Price: This is a firm price contract wherein the Owner agrees to pay the Contractor the amount of $426,785.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 4. Payment: Payments to the Contractor by the Owner shall be made as provided in the Contract Documents. 5. Contract Documents: The Contract Documents consist of the Plans and Specifications issued by Wilkus Architects, Inc. dated April 21, 2005, and all documents identified in the Plans and Specifications. The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. In the event of any conflict between the documents comprising the Contract, this Agreement and the General Conditions shall govern in that order over the Proposal. 6. Completion: The Contractor shall deliver all equipment and complete all construction within one hundred eighty (180) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Contract Documents. 7. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 8. Audits: The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. Note: This section applies to contractors who undertake to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. 10. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 11. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, or 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. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Conflicts: No salaried officer or employee of the 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. Any federal regulations and applicable state statutes shall not be violated. 13. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 14. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 '/z%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 15. Prevailing Wage. Not applicable. 16. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 17. 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. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. The City of Eden Prairie By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager CONTRACTOR By Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. L. Office of the City Manager/ Community Development Structural Re- Facilities Model Requested Action Move to award contract for structural remodeling of the Community Development,Assessing and Finance office space to Stahl Construction Company. Synopsis The Facilities Division solicited two quotes for the above work,which includes remodeling of two offices and a file storage room; reconfiguring the east mini-copy center; and moving a coffee station. Staff budgeted$46,000 for the project including approximately $15,000 for furniture reconfiguration. The structural remodeling quotes were as follows: McFarland Construction Company- $30,910 Stahl Construction Company-$21,531 Background Information Over the past six months the Facilities Division met with staff affected by this project. We have gone through several different configurations and drawings to arrive at an agreement that benefits all staff within these areas. This project will add privacy to some critical work areas and provide a lockable file storage area for the Finance Division. This project is one part of the overall larger project for this area. Attachments Quotes Contract Eden Prairie City Center COMMUNITY DEVELOPMENT/ASSESSING/FINANCE Project No, 1 8080 Mitchell Road Eden Prairie, MN 55344 DESCRIPTION QUANTITY UNIT UNIT PRICE SUBTOTALS TOTALS CLEAN-UP _ L-$=575 Continuous&Final Clean up 1 LS 200 200 Dumpster 1 LS 375 375 PERMITS and INSURANCE 1 $ 300 Construction insurance 1 LS 300 300 DEMOLITION&CARPENTRY r$ 2,476 I Demo walls at coffee station(Finance) 1 LS 142 142 Remove and salvage casework at coffee station(Finance) 1 LS 92 92 Demo walls at Comm Dev.Area 1 LS 912 912 Install Salvaged Door&Sidelite at Assessing 1 LS 190 190 Furnish&Install New Door,Sidelite and Frame at New Office in Assessing 1 LS 1,140 1,140 DRYWALL New wall at Coffee Station(Finance) 1 LS 1,759 1,759 New Wall at New Office w/mullion cap(Assessing) 1 LS 1,789 1,789 New Walls Comm Development 3 LS 1,759 1,759 FINISHES $ 1,150 ACT Cut and Patch throughout 1 Allow 300 300 Carpet and Base(not included-assumed none needed) 1 - - Painting at Coffee Station(Finance) 1 LS 200 200 Painting at Community Development Area 1 LS 200 200 Painting at New Office(Assessing) 1 LS 200 200 Replace Window Blinds at New Office(Assessing) 1 Allow 250 250 MECHANICAL $ 2,950 HVAC relocate thermostat and Balancing at New Office(Assessing) 1 Allow 950 950 Fire Protection/Sprinkler at New Office(Assessing) t Allow 250 250 HVAC relocate thermostat and balancing at Comm Devel. 1 Allow 950 950 Fire ProtectionlSprinkler at Comm Devel, i Allow 350 350 Fire Protection/Sprinkler at Copy Center(Finance) 1 Allow 200 200 Terminate plumbing line at coffee station(Finance) 1 Allow 250 250 ELECTRICAL $ 2,295 Terminate Strobe at New Office(Assessing) 1 Allow 160 160 Relocate 2 parabolics and switch at New Office(Assessing) 1 Allow 290 290 Add outlets to drywall at New Office(Assessing) 1 Allow 380 380 Add 2 Owner Furnished parabolics at Finance Area/Coll. Sta 1 Allow 170 170 Electrical Demo[Terminations i Allow 250 250 Add outlets to drywall at Coffee Station(Finance) 1 Allow 180 180 Terminate electrical in walls at Comm Devel&switching 1 Allow 525 525 Relocate 4 parabolics at Comm Devel 1 Allow 340 340 SUBTOTAL $ 15,053 4 GENERAL CONDITIONS _ F$ 1,204 OVERHEAD and PROFIT _ $ 813 TOTAL $ 17,070 Prepared by: STAHL CONSTRUCTION COMPANY i ApH125,2005 Eden Prairie City Center COMMUNITY DEVELOPMENT/ASSESSING/FINANCE Project No. 1 8080 Mitchell Road Eden Prairie, MN 55344 DESCRIPTION QUANTITY UNIT UNIT PRICE SUBTOTALS TOTALS SUBTOTAL FOR COMMUNITY DEVELOPMENT 6,100 SUBTOTAL FOR FINANCE 4,307 SUBTOTAL FOR ASSESSING 6,663 Cross-Check 17,070 Prepared by: STAHL CONSTRUCTION COMPANY 2 April 25,2005 �j 1.Nest �hu�csR;d-T.Y�+,�-rEcl •��*� •11• ( 31 1IJGJ d2 49u//l;Jo U-d AJK/A. LWi S�Lt- 4, LkP V/A kndlAr&U( /o• tdmEj 4VAC. ±:c,PPw(d(REruRN ,q �. REa.a rG `r-StA-r — n3, AIIm Fik nPWR V 1;=r( r� W tclq.il.5 q. l4116N! i L Pfl2t LzQi� El ITS "i1t -Wfi 146VT � 1G, F{v�i 1J02 SM7rau t4/iLll �A 12'I. !1. E;Ecr � Li. c+rf1�A .hwf.d aurt�r's fFs sir-_ficlF� i 3 f411GvJ -m `PrJtdn a rus IA. l�ilbt♦.-tA iZF_lQC'hl'� F!-F_hc�b A�niF�F� as J copy C 0MMUNITYEVELOPMENT �r - � •�_ �, .11 qw . ' � f IO• �i la�. ��'. zrtr.anua � nu ®® i _ X � 1: ��, • FILE - v , AREA Eden Prairie City Center COFFEE STATION RELOCATION Project No.4 8080 Mitchell Road Eden Prairie,MN 55344 DESCRIPTION QUANTITY UNIT UNIT PRICE SUBTOTALS TOTALS DEMOLITION, CARPENTRY&FINISHES $ 2,139 Demo partition wall,salvg display case,install casework 1 LS 2,139 2,139 MECHANICAL $ 1,450 Plumbing;run new lines,provide hot water 1 Allowance 1,450 1,450 ELECTRICAL $ 345 Furnish outlets as required for equipment 1 LS 345 345 SUBTOTAL $ 3,934� GENERAL CONDITIONS $ 315 OVERHEAD and PROFIT F—$ 212 TOTAL Prepared by: STAHL CONSTRUCTION COMPANY 1 April 25,2005 05/02/2005 1e:33 9524367664 MC FARLAND CdNST CO PAGE 01/01 f4' May 2, 2005 MCFARLAND CONSTRUCTION COMPANY Mr. Marc Theilman City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Eden Prairie City Center Community Development Alterations Dear Marc, We submit for your consideration our quote for the alterations of the Community Development areas at Eden Prairie City Center as requested. We have included removal of the existing partitions, new insulated metal stud and drywall partitions(taped and sanded ready for paint), new and relocated doors and frames, installing owner furnished vinyl base and carpet, acoustic ceiling repairs, sprinkler changes, HVAC alterations, electrical alterations, and clean-up of our work. The cost for this work would be$30,910.00. We have not included any painting changes, modifications to window blinds, or demountable furniture relocation in this quote as requested. Please call us if you have any questions regarding this work or quote. Very Truly Yours, Tim McFarland President 50 Ninth Avenue South Hopkins,Minnesota 55343-6700 Phone:(952)939-7062 Fax:(952)936-7664 AGREEMENT THIS AGREEMENT is made and executed the 7th day of June, 2005, by and between the City of Eden Prairie, hereinafter referred to as the "Owner', and Stahl Construction Company, hereinafter referred to as the "Contractor", WITNESSETH; Owner and Contractor, for the consideration hereinafter stated, agree as follows: 1. Contractor's Duties: The Contractor shall provide the equipment and construction services specified on the plan developed by The City of Eden Prairie dated May 2, 2005, and shall do everything required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily comply with the conditions of the Contract Documents and complete the work contemplated by this Agreement in accordance with the Contract Documents. 2. Bonds: Not applicable. 3. Price: This is a firm price contract wherein the Owner agrees to pay the Contractor the amount of $21,531 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 4. Payment: Payments to the Contractor by the Owner shall be made as provided in the Contract Documents. 5. Contract Documents: The Contract Documents consist of the plan developed by The City of Eden Prairie dated May 2, 2005. The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. In the event of any conflict between the documents comprising the Contract, this Agreement and the General Conditions shall govern in that order over the Proposal. 6. Completion: The Contractor shall deliver all equipment and complete all construction within sixty (60) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Contract Documents. 7. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 8. Audits: Then books, records, documents, d accounting a 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 after the effective date of this Contract. 9, Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. Note: This section applies to contractors who undertake to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. 10. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 11. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, or 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. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Conflicts: No salaried officer or employee of the 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. Any federal regulations and applicable state statutes shall not be violated. 13. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 14. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 '/z%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 15. Prevailing Wage. Not applicable. 16. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 17. 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. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. The City of Eden Prairie By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager CONTRACTOR By Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. M. Office of the City Manager/ Furniture Reconfiguration for City Facilities Center Remodeling Project Requested Action Move to: Award contract for furniture re-reconfiguration of the Community Development, Assessing and Finance office space to Alternative Business Furniture. Synopsis The Facilities Division has a working relationship with Alternative Business Furniture for this project. They have provided the design consultations and have been present at all meetings regarding these changes. Facilities budgeted approximately $15,000 for this reconfiguration, with ABF's quote coming in at$11,826.64 including installation. Background Information Over the past 6 months Facilities has met with all staff affected by this project. We have gone through several different configurations and drawings to arrive at an agreement that would benefit all staff within these areas. Considerations included providing more natural lighting. Partitions will be lowered between staff members and glass panels will be installed so employees will be able to interact more effectively. Alternative Business Furniture agreed to store our `not in use' modular furniture in their warehouse to free up much needed storage areas at City Center and provide IT with a technicians work area and lockable storage area.ABF will also allow us to buy back stored materials to complete other projects and will provide reduced pricing on other purchases. Any product not in storage will meet the state contract pricing guidelines. This project is one part of an overall larger project for this area. Attachments Alternative Business Furniture Proposal Contract 6633 Flying CloUd Drive,Suite 800 r Alternative Eden PrIa he,MN 55344 Dusiness (9$2)937--7e88 Fumiture, Inc. Fax(952)937-7691 PROJECT PROPOSAL Project: City of Eden Prairie-Community Development Contact: Marc Thielmati Salesperson:Mark Frommelt/Marie Doll System-, Hermmi Miller A02 Date: May 6,2005 PRODUCT SPECM CATIONS N=d Walbi Order Dcap4glin Unit Pdg Totat He 1 -1 32 x 24"Powered Fabric Covered Panel 0-00 0.00 1 -1 32 x 30"Powered Fabric Coveted Panel 0.00 0.00 1 •1 32 x 42"Powered Fabric Covered Panel 0.00 0.00 2 2 39 x 24"Powerod Fabric Covered Panel 123.49 246.96 2 2 39 x 30"Nola Powered Fabric Covered Patiol 96.32 192.64 2 2 39 x 48"Powered Fabric Covered Panel 156.24 312.48 6 6 0 47 x 24"Noti-Powered Fabric Covered Panel 0.00 0.00 1 1 24"Retty power kit 35.00 35.00 3 2 1 47 x 30"Mon-Powered Fabric Covered Patel 104.16 104.16 2 3 -1 47 x 36"Non-Powered Fabrio Covered Panel 0.00 0.00 5 5 0 47 x 48"loon-Powercd Fabric Covered Pagel 0.00 0.00 3 2 1 47 x 43"Powered Fabric Covered Panel 171.92 171,92 1 1 53 x 24"Powered Fabric Covered Panel 130.76 130.76 2 2 53 x 48"Powered liabiic Covered Panel 174.96 349.92 2 -2 67 x 12"Non-Poweted Fabric Covered Patel 0.00 0.00 8 8 0 67 x 24"Non-Powered Fabric Covered Panel 0.00 0.00 6 5 1 67 x 24"Powered Fabric Covered Panel 141.21 141.21 6 6 24"Retro power kit 35.00 210.00 4 4 0 67 x 30"Non-Powered Fabrio Covered Panel 0.00 0.00 1 1 0 67 x 30"Powered Fabric Covered Panel 160.16 0.00 1 1 30"Retro power kit 35.00 35.00 3 3 -5 67 x 36"Non-Powered Fabric Covered Panel 0.00 0.00 2 4 -2 67 x 36"Powered Fabric Covered Panel 0.00 0.00 2 7 -5 67 X 48"Ntm-Powered Fabric Coveted Panel 0100 0.00 20 25 -5 67 x 48"Powarod Fabric Covored Panel 0,00 0.00 1 I 67 x 241"Noit Powered Fabric Covered Pastel-1/4 Glazed 332.90 332.90 1 1 67 x 30"l4oh-Powered Fabric Cowered.Panel-1/4 Glazed 352,52 352.52 3 3 67 x 48"'Non-Powered Fabrits Covered Panel-1/4 Glazed 426.61 1,279.82 1 1 67 x 48"Powered Fabric Covered Panel-1/4 Glazed 465.61 465.61 3 0 3 25"Wall Tmrk 15.00 45,00 4 0 4 60"Wall Track 2S.00 100,00 55 0 55 Toggle Bolt - 0.75 41.25 2 -2 27"Draw Rod 0.00 0.00 1 -1 32"Finished Bud 0.00 0.00 2 2 34"Draw Rod 6.00 12..00 2 2 391"2-Way Connector 26.10 52,20 2 2 39"Finished End 11.10 22.20 7 3 4 42"Draw Rod 6.40 25.60 3 1 2 47"2-Way Connector 29.10 59.20 1 1 0 41"3-Way conmctor 0.00 0A 8 13 -5 49"Finished End 0.00 0.00 2 2 4811 Draw Rod JHa 6.80d82:2 S jb '9 'Aww P•d 081•ON MW ExIlun aik Acemm ua nt Price T to 1 0 1 53"2-Way Connector 30.60 30.60 0 1 -1 62"Walt Start 0.00 0.00 27 34 -7 62"Draw Rod 0,00 0.00 4 9 -5 67"2-Way Colmoctor 0.00 0.00 8 10 •2 67"3-Way Connector 0.00 0.00 5 3 2 67"4-Way C.,onnoctor 76.80 153.60 10 14 .4 67"Fiti bed Md 0.00 0.00 1 -1 Hingeable 2-Way Connector with Finished Ends 0.00 0.00 0 1 -1 Baso Feed 0.00 0.00 3 1 2 67"Ceiling Power 140.25 280.50 1 1 Change ofHeight(39.•53"j 9.00 9.00 1 1 Change of Height(39-67") 0.00 9.00 7 10 -3 Change of Height(47-67') 0.00 0.00 2 2 Change of Height(53-6719 9.00 18.00 1 1 24 x 24"Worburface 63.56 63-56 3 3 24 x 36"Workaurfaco 80.92 242.76 3 3 24 x 48"Wotksurface 91.00 273.00 1 1 24 x 58"Wbrksurface 111.72 111.72 3 1 2 24 x 72'1 Wor6tufdce 136.92 273.84 1 1 24 x 78"WorkWace 146.44 146.44 1 1 24 x 90"Worlourface 170.52 170.52 3 1 2 30x24"Work3urface 70.56 141.12 8 11 -3 30 x 48"Worlourfaco 0.00 0.00 1 -1 30 x 63-1/2"Worldmfaoe 0.00 0.00 7 8 -1 30 x 72"Wotksurface 0.00 0.00 9 9 0 30 x 48"Comer Worksurfam 114.44 0.00 2 2 14 x 48"T-Top 48.16 96.32 4 4 T-Top Brackets 9.80 39,20 2 -Z H-Log 0.00 0.00 1 -1 24"Support Panel 0.00 0.00 2 3 -1 36"Shelf 0.00 0.00 16 20 -4 48"Shelf 0.00 0.00 1 1 0 36"Flipper Door 0.00 0.00 13 13 0 48"Flipper Door 0,00 0.00 7 9 -2 48"Tackbogrd 0.00 0.00 1 -1 48 x 48"Tackboard OM 0,00 2 2 b 36"Toaklight 0.00 0.00 16 10 6 48"Taskligbt 62.75 376.50 1 -1 24"Tool Bar 0.00 0.00 1 .l 36"Tool Bar 0400 0.00 2 2 0 48"Tool Bar 0.00 0.00 11 I I 0 Penuil Drawer 0,00 0.00 4 4 Box/File Pedestal 125.00 500.00 6 6 0 Box i Box/file Pedestal 0.00 0.00 4 4 0 File/Fite Pedestal 0.00 0.00 1 4 30"2-Drawer Lateral File 0.00 0.00 E'd OU*ON AHd WdBZ:Z S00Z'9 'AUW i ec "fin 01I.W p( iDde Uwalks T-OW yric 1 -1 42"4-Drawer Lateral File 0.00 0.00 Product Total; 7,666.64 Note: Pricing based on standard ABF fmiahes, DeliYery; 100.00 installation is estitnated-Nvill be billed ot,actual time Installation: 4,060.00 at rate of$40/hr.Reg Hours,or$58/hr-overtime. PROJECT TOTAL-. $ 11,826,64 TIN]BHI,S: Applicable Sales Faxes will be added at time of invoicing. -Panel Fabric,,Purple Grey -Flipper Door Fabric: Blue Medium Tackboard Fabric: Blue Medium Laminate/Bdge:Innertone/Innertone -Trim/Paint,Medium Tone Wall Track Brushed Alwninum Pedestal;Medium 7`one TERMS: Net due in 15 days unless other arrangements made with Seller: Buyer undomtands and agrees to pay a service charge of 1.33%per month(16%per anwm)after 15 days of receipt of goods. Buyer further agrees to pay ALL costs of rcasouable collections and attoweys fees. Buyer ackhowledges Seller's retention and hereby grants to Seller a purchase money saetu*interest in all merchandide purchased or described herein,unless and until Seller teceivos paymonts as described above. Buyer agrees to execute a standard UCC Finaticiag Statcntreat to perfect any such security interest In the event Bayer fails to atecute UCC financing statement,this Sales Agreement shall suffice and tnay be filed by Seller to perfect the security int=r L As representative of City of 1$den Prairie,I agree with the above stipulations. Signature: Title Pate: b'd 0U"QN JEIU Wd82:2 S002'9 "AdW AGREEMENT THIS AGREEMENT is made and executed the 7th day of June, 2005, by and between the City of Eden Prairie, hereinafter referred to as the "Owner", and Alternative Business Furniture, Inc., hereinafter referred to as the "Contractor', WITNESSETH; Owner and Contractor, for the consideration hereinafter stated, agree as follows: 1. Contractor's Duties: The Contractor shall provide the equipment and construction services specified on the plan titled Office Remodel, developed by The City of Eden Prairie, dated May 9, 2005, and shall do everything required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily comply with the conditions of the Contract Documents and complete the work contemplated by this Agreement in accordance with the Contract Documents. 2. Bonds: Not applicable. 3. Price: This is a firm price contract wherein the Owner agrees to pay the Contractor the amount of $11,826.64 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 4. Payment: Payments to the Contractor by the Owner shall be made as provided in the Contract Documents. 5. Contract Documents: The Contract Documents consist of the plan titled Office Remodel, developed by The City of Eden Prairie, dated May 9, 2005. The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. In the event of any conflict between the documents comprising the Contract, this Agreement and the General Conditions shall govern in that order over the Proposal. 6. Completion: The Contractor shall deliver all equipment and complete all construction within sixty (60) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Contract Documents. 7. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 8. Audits: The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. Note: This section applies to contractors who undertake to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. 10. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 11. Discrimination: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, or 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. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 12. Conflicts: No salaried officer or employee of the 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. Any federal regulations and applicable state statutes shall not be violated. 13. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 14. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 '/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 15. Prevailing Wage. Not applicable. 16. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 17. 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. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. The City of Eden Prairie By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager CONTRACTOR By Its CITY COUNCIL AGENDA DATE: June 7,2005 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.VI. N. Community Development: Mn/DOT Property Sale-TH312 Project David Lindahl/Janet Jeremiah Requested Council Action: Move to: Adopt resolution approving the sale of 56,259 square feet of City owned property to the Minnesota Department of Transportation (Mn/DOT) for a price of$722,500 for the TH 312 highway project. Synopsis: The City purchased a 3.65 acre parcel from Duane and Curt Delegard located on the southeast corner of Dell Road and Linwood Court in March of this year for the purpose of construction a new fire station. The cost of the property was$1,960,034 or$12.30 per square foot. The City anticipated selling part of this parcel to Mn/DOT for road right of way for TH 312 and Miller Parkway frontage road projects. Background: The Dell Road and Linwood Court site was identified as a prime location for a new fire station in 2004.Although the City only needed about 1.3 acres for the fire station,the owners of the property would only sell the entire 3.7 acre parcel. The City purchased the entire parcel with the intention of selling the remaining parcel to Mn/DOT for the TH312 project, and the other remaining parcel,which is about 1 acre,for commercial development. Mn/DOT submitted an offer to the City to purchase 56,259 square feet(1.29 acres) for$700,000, or$12.44 per square foot,based on an appraisal they completed in October 2004. Earlier this month the City completed its own appraisal of the remaining property it intends to sell for commercial development and the value was established at$13.25 per square foot. Staff submitted a counter offer to Mn/DOT May 16,2005 to sell the property for$13.25 per square foot or $745,431. Mn/DOT agreed to split the difference and countered with$722,500,or$12.84 per square foot. Staff recommends the City Council accept this offer,which will substantially reduce the overall costs of the fire station project. Attachments: Quit Claim Deed Offer to Sell and Memorandum of Conditions Resolution QUITCLAIM DEED STATE DEED TAX DUE HEREON:$ C.S.2762(312=260)901 Parcel 211 B Date: /h2 51, 202.5' County of Hennepin For and in consideration of the sum of 56"✓giv wUD96J� 'Tw ' —'TWo TNoq!; D .V t,j %Aroma -V0 tl,E,es AAZ No d4ws Dollars $ -72a Sob. oo ), City of Eden Prairie,a municipal corporation under the laws of the state of Minnesota, Grantor,hereby conveys and quitclaims to the State of Minnesota,Grantee.real property in Hennepin County,Minnesota,described as follows: All of the following: That part of Outlot H,HAWTHORNE OF EDEN PRAIRIE,shown as Parcel 21 I B on Minnesota Department of Transportation Right of Way Plat Numbered 27-157 as the same is on file and of record in the office of the County Recorder In and for Hennepin County,Minnesota. together with all hereditaments and appurtenances belonging thereto. Check box if applicable: ❑ The Seller certifies that the seller does not know of any wells on the described real property. 0 A well disclosure certificate accompanies this document. ❑ 1 am familiar with the property described in this Instrument and I certify that the status and number of wells on the described real property have not changed since the last previously tiled well disclosure certificate. CITY OF EDEN PRAIRIE BY Its Mayor And !ts G i M Aivr A�'✓ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing Instrument was acknowledged before me this day of by and the Mayor and the Clerk of City of Eden Prairie,a municipal corporation under the laws of the state of Minnesota,on behalf of the municipal corporation. NOTARY PUBLIC My Commission Expires: Page 1 of 2 This Instrument was drafted by the Send tax statements to Grantee: State of Minnesota,Department of State of Minnesota Transportation.Metro Right of Way, Department of Transportation Roseville.Minnesota 55113 Metro Right of Way 1500 W.County Rd.B2 Roseville,MN 55113 Page 2 of 2 ww mum Rism orw-yom-1 RECOMMENUED FOR APPROVAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supervisor of Direct Purclmse OFFER TO SELL AND APPROVED MEMORANDUM OF CONDITIONS By C.S-: 2762(312=260)901 Parcel:211B County:Hennepin Owner and address: City of Eden Prairie,8080 Mitchell Road,Eden Prairie,MN 55344; For a valuable consideration,on this 20 day of Z 06S the undersigned owners hereby offer to sell and convey to the State of Minn sota for a total consideration of 5EVIFA/ f1uA1t7,CED -r&JEAII'V` TWO I-K0t KAAJb -TivE 11aNDP_BA DOOMS 14A1D All tF�t1TS Dollars(S 7Z2,.SSA cd a fee simpl title to the real estate or an interest therein situated in Hennepin County, Minnesota,described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota,and have conditionally delivered the same to the Slate ofMinnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within 36 days from the date of this offer. Such notice of acceptance shall be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect,and said instrument shall forthwith be returned to the undersigned owners. If this offer Is accepted it is mutually agreed by and between the owners and the State as follows: (1)Possession ofthe real estate shall transfer to the State U"0 d arthedate of acceptance. The owner shall have the right to continue to occupy-t property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State, On or before the date for transfer or possession the owners will vacate the real estate and the improvements(if any)located thereon,or cause same to be vacated,remove all personal effects therefrom and have all utilities(if any)shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters,including plumbing and heating fixtures,etc, The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2)Title to said real estate shall pass to the State of Minnesota as of the date ofsaid acceptance subject to conditions hereinafter stated. (3)Buildings(if any)on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners'occupancy of the buildings on the real estate,such policy or policies of insurance to be endorsed to show the State's interest. (4)If the State of Minnesota is acquiring all or a major portion of the property,mortgages(if any)on the property shall be satisfied in full by the State of Minnesota The amount paid by the State ofMinnesota to satisfy said mortgage(s)shall be deducted from the amount to be paid to the owners under the terms of this agreement.The amount paid by the State of Minnesota to satisfy the mortgage(s)shall include interest on the mortgage(s)to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is owners to famish a artial release of mortgage. The encumbered by a mortgage,it shall be the responsibility of thep mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must s be paid for by the owners. (b)The owners will pay all delinquent(if any)and all current real estate taxes,whether deferred or not, which area lien against the property. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments,whether deferred or not,which area lien against the property. The owners'obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7)If encumbrances,mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners,said instrument of conveyance shall be returned to the owners (8)Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments,mortgages and all other liens or encumbrances against said real estate The owners will not be required to vacate the property until the owners have received payment. (9)No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10)The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date,and a copy of this offer and memorandum. (11)it is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: (12)This offer is made with the condition that by this offer and acceptance thereof the sellers will remain a responsible party forpurposes of any testing,clean up,damages and costs incurred pursuant to Minnesota Chapters 115 and 115B attributable to any and all activities conducted on the above described property prior to the date the State purchased the property. OWNERS:CITY OF EDEN PRAIRIE BY: ITS:MAYOR AND: ITS:ebERK (Address of Owner where acceptance is to be mailed.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION AUTHORIZING SALE OF CERTAIN REAL PROPERTY TO THE STATE OF MINNESOTA FOR HIGHWAY PURPOSES WHEREAS the City acquired certain property described as Outlot H,Hawthorne of Eden Property (hereinafter the"Outlot H") as a site for a new fire station; and WHEREAS the State of Minnesota requires for highway purposes a portion of the Outlot H described as"That part of Outlot H,Hawthorne of Eden Prairie,shown as Parcel 211 B on Minnesota Department of Transportation Right of Way Plat Numbered 27-157 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter referred to as the ("Property"); and WHEREAS the State of Minnesota has offered to pay the City Seven Hundred Twenty-Two Thousand Five Hundred Dollars and no/100 ($722,500.00) for the Property; and WHEREAS the needs of the State of Minnesota were known to the City when the City acquired Outlot H and the conveyance of the Property to the State of Minnesota for highway purposes does not interfere with the City's use of the Property for a fire station; and WHEREAS it is contemplated that upon completion of the highway improvements the City will assume the obligation of care and maintenance of that portion of the Property not needed for highway purposes and accordingly the State of Minnesota will convey to the City that portion of the Property. NOW THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The sale of that of the Property to the State of Minnesota is hereby authorized and approved. The Mayor and the City Manager are hereby authorized to execute that certain Offer To Sell and Memorandum of Conditions,a Quitclaim Deed and such other documents as are necessary to convey the Property to the State of Minnesota for Seven Hundred Twenty-Two Thousand Five Hundred Dollars and no/100 ($722,500.00). ADOPTED by the Council of the City of Eden Prairie this 7 h day of June, 2005. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, Clerk CITY COUNCIL AGENDA DATE: June 7,2005 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.VL O. Community Development: Cummins Grill Property Update David Lindahl, Janet Jeremiah Requested Council Action: Move to: Delay plans to lease the Cummins Grill property for private commercial use until utilities are available and the Pioneer Trail improvements and new access is completed. Synopsis: Staff recommends delaying plans to lease the Cummins Grill property for private commercial use until sewer and water utilities are extended to the home as part of the Pioneer Trail road expansion project, which is expected to start in 2007 and be completed by the end of 2008. Background: Last November,the City Council directed staff to explore the possibility of leasing the Cummins Grill property for private commercial use with the aim of preserving its historic nature, increasing public access to the property,and minimizing the City's future financial investment. Staff began soliciting proposals from prospective users in December and has received inquiries from seventeen different parties who have expressed interest in leasing the property for a variety of uses including:a bridal shop,health food coop, tea room,restaurants,scrap-booking retreat center, coffee shops,book store,and ice cream shops.One person suggested the home be moved to the Smith Douglas property.Of the seventeen inquiries,six toured the home and although there was a fair amount of enthusiasm about the property's potential,no formal proposals have been submitted. The home is currently served by septic and well,and most of these uses would require City utilities. According to the Memorandum of Understanding agreement between the City and the Metropolitan Airports Commission(MAC), utilities were to be extended by MAC along Pioneer Trail in front of the property in 2005.MAC decided in March of this year to delay the project until sometime in 2006. Since the Pioneer Trail expansion project is expected to begin in early 2007,it would make sense to delay the utility project an additional year so that both projects can be done simultaneously. Staff could resume marketing the property in 2007. I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5508 ITEM NO.: VI. P. Rodney Rue Approve proposal for testing services Public Works/Engineering for the Technology Drive and Mitchell Road Improvements Requested Action Move to: Approve proposal for Testing Services from Braun Intertec for the Technology Drive and Mitchell Road Improvements. Synopsis This proposal is for testing services associated with construction of the Technology Drive and Mitchell Road project. The cost estimate for these services is $20,067. Background Information The project was recently awarded to Park Construction. The construction is anticipated to begin in early June,with completion of the entire project by November, 2005. Attachments • Braun Intertec Proposal BRAU N Braun Interlec Corporation Phone: 952.995.2000 NTE RTEC 11001 Hampshire Avenue S fax: 952.995.2020 Minneapolis,MN 55438 Web: brounintertec.com May 24,2005 Proposal BL-05-01300 Mr.Rodney W.Rue Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Cost Estimate for Quality Control Testing Services Technology Drive Eden Prairie,Minnesota Dear Mr.Rue: Thank you for the opportunity to provide you with this cost estimate to provide quality-control testing services for the construction of Technology Drive in Eden Prairie,Minnesota. Based on comments from you and Landform,the Landform Scope of Services,and the Landform Schedule of Quantities,our Cost Estimate,as described in the attached Scope of Services,is$20,067. Project Proposal Description of Project We understand this project consists of improvements to an approximately 1-mile stretch of Technology Drive near the ADC Telecommunications building in Eden Prairie,Minnesota. The project is anticipated to commence around June 1,2005 and be complete by around November 15,2005. Available Information This proposal was prepared using the following provided documents. If the project changes from the information provided in these documents and information,we may have to revise this Cost Estimate. Our conversation with Mr.Daniel Hughes,Landform Subsequent conversations with Landform and comments submitted via email from Landform.and the City of Eden Prairie Table of estimated construction costs(four pages prepared by Landform) • Scope of Services(three pages,prepared by Landform) Engineering Services Procedures for the privately constructed public infrastructure(four pages prepared by the City of Eden Prairie) Scope of Services Construction Observations and Tests Based on recent information,we understand this project will not be funded by Mn/DOT. As such,testing requirements and plant inspections will not be as stringent. Our personnel will evaluate the adequacy of the exposed soils for structural support with the aid of hand augers and,as needed,dynamic cone penetrometers. Providing engineering and environmental solutions since 1957 i City of Eden Prairie Proposal BL-05-01300 May 24,2005 Page 2 We will collect samples of backfill and fill for laboratory moisture-density(Proctor)testing and perform compaction tests on backfill and fill placed for support of new pavements. In addition,we will perform gradation testing on the select granular borrow and aggregate base materials to evaluate their conformance with the requirements of the project specifications. We understand that bituminous testing will be required under this scope of services. We estimate that bituminous paving will be completed at the rate of 1,000 tons per day and will take approximately 11 days to complete. We propose to collect samples on a periodic.basis and return them to the Braun Intertec Corporation(Braun Intertec)laboratory for testing. Potential tests include asphalt content,gradation,and Marshall density. Upon completion ofpaving,we will obtain cores and return them to Braun Intertec to obtain thickness and density measurements. A certified engineering technician will be provided to measure the slump,temperature and air content of the concrete placed,as well as cast cylinders. Compression tests will be performed on cast cylinders at 7 and 28 days. We have assumed that the concrete curb and gutter will be placed at a rate of approximately 1,000 liner feet per day and that the concrete flat work(sidewalks,medians)will be completed in 5 days. A project engineer will review the results of our field personnel's observations and tests and the results of our laboratory tests. Our project engineer will be available for a limited number of site visits and will consult as needed with a senior professional engineer to develop resolutions for issues that may develop during construction. The work of our field personnel will be conducted under the supervision of a Minnesota-licensed engineer. The Scope of Services prepared by Landform indicated that attendance at the pre-construction,pre-bid and weekly construction progress meetings may be required. We have included costs to attend the pre- construction meeting,as well as five weekly construction progress meetings(approximately one meeting per month). Certified engineering technicians,engineering assistants or engineers will perform the proposed testing. These services will be provided on a full-time or on-call basis as requested and scheduled by you or the contractor. The intent of these services is detailed in the attached General Conditions,which are a part of this revised cost estimate. The list of estimated costs for these services is in the attached Table 1. Additional Services This proposal is based on no overtime hours. Overtime is considered hours outside of 7:00 a.m.to 5:00 p.m.,Monday through Friday. Legal holidays are also considered overtime. An overtime rate will be charged for the overtime hours. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed herein,we will provide them at the rates shown in Table I or,if not shown,at our typical rates minus a 10 percent discount. Because our services are directly controlled by the schedule and performance of others,the actual cost may vary form our estimate. Invoices for our services will be based on the actual number of hours spent on the project and the units tested. is City of Eden Prairie Proposal BL-05-01300 May 24,2005 Page 3 We appreciate the opportunity to present this proposal. If acceptable after your review,please sign the Authorization to Proceed portion of the copy and return mail or fax the entire documen4 including the General Conditions,to us as authorization to proceed. We have provided a return envelope for your convenience. If there are questions regarding this correspondence,please call me at 952.995.2250 or Ron Shaffer at 952.995.2234. Sincerely, BRAUN INTERTEC CORPORATION Paul S.Gionfriddo,PE Project Engineer.,. Ronald A. Shaffer Associate-Senior Engineer Attachments: Project Proposal Signature Page Table 1 General Conditions c:Mr. Dan Hughes,Landform i Cost Est-Technology Drive i City of Eden Prairie Proposal BL-05-01300 May 24 2005 Page 4 Signature re Page Re: Cost Estimate for Quality Control Testing Services Technology Drive Eden Prairie,Minnesota Braun Intertec appreciates the opportunity to present this cost estimate to you. It is being presented in duplicate so if it is acceptable,the original can be retained for your records and the copy can be signed and returned to us by fax or U.S.Mail in its entirety,including the General Conditions,as written authorization to proceed. We will begin the project upon receipt of your authorization. List of services presented in this proposal is based on the scope of services described and the assumption that the revised cost estimate will be authorized within 30 days and that the project will be completed within the proposed schedule. If the project is not authorized within 30 days,we may need to modify the cost estimate. If the project cannot be completed within the proposed schedule due to circumstances beyond our control,revising the cost estimate may be required for completion of the remaining tasks. Payment for services is due upon receipt of invoice,with interest added to unpaid balances after 30 days,in accordance with the attached General Conditions,which are a part of this proposed contract. Authorization o to Proceed: Please proceed according to the described scope of services and General Conditions: Authorizer's Firm Authorizer's Signature Authorizer's Name(please print or type) Authorizer's Title Date Cost Est-Technology Drive Braun Intertec Corporation Client: City of Eden Prairie Project: Technology Drive,Eden Prairie,AN INS a 7Exc0av?at'i;o!,, Observations 40.00 Hours 83.00 3,320.00 5.00 Trips at 8.00 Hours n Testing 15.00 Hours 64.00 960.00 Roadways 5.00 Trips at 3.00 Hours Test Rolls 9.00 Hours 83.00 747.00 3.00 Trips at 3.00 Hours Moisture content(Astm D 2216) 20.001 Tests 12.00 240.00 Sieve analysis through No.200 Sieve(ASTM C 136,D 1140 or C 4.00 Tests 100.00 400.00 I17) Nuclear moisture-density meter charge,per hour 15.00 Hours 24.00 360.00 Standard Proctor test(ASTM D 698) 4.00 Tests 133.00 532.00 Phase Total $6,559 00 WON Concrete Testing 54.00 Hours 64.00 3,456.00� Sidewalks 5.00 Trips at 3.00 Hours Curb&Gutter 13.00 Trips at 3.00 Hours Compressive strength of concrete cy linders(ASTM C 39),per unit 72.00 Tests 22.25 1,602.00 18.00 Sets of 4.00 Cylinders Phase Total $5,058 00 AR r Bituminous Observations&Testing 20.00 Hours 83.00 1,11 660.00 5,00 Trips at 4.00 Hours Rice specific gravity(ASTM D 2041) 5.001 Tests 61.00 305.00 As halt Content(ASTM D 2172/6307) 5.00 Tests 116.00 580.00 Extracted aggregate adation(ASTM D 5444) 5.00 Tests 79.00 395.00 Marshall density testing,triple specimen(AASHTO T245) 5.00 Tests 94.00 470.00 Thickness and density of pavement core(ASTM D 2726) 10.00 Tests 39.00 390.00 Phase O 3,8 0 ff` A � Project Engineer 15.001 Hours 1 125.00 1 875.00 Phase Total: $1,875 00 Project Manager �15.90 Hours 122..00 1,939�80 Sr.Project Engineer 4.00 Hours 140.00 560.00 Word Processing 4.30 Hours 64.00 275.20 Phase Total: $2,775.00 Estimated Proiect Total: $20,067.00 Table 1:Estimated Costs Page 1 of 1 °roviding engineering and environmental solutions since 1957 Braun lntertec Corporation Client. City of Eden Prairie Project: Technology Drive,Eden Prairie,MN e . s Soil Observations&Testing 6,559.00 Concrete Observations&Testing 5,058.00 Pavement Observations&Testing 3,800.00 Engineering Consulting Services 1,875.00 Project Management&Engineering 2,775.00 Estimated'Project Total: $20,067.00 Estimated Costs Simmary Page Providing engineering and environmental solutions since 1957 i General Conditions BRAUN INTERTEC Our agreement with you consists of these 1.6 Our estimates of construction or Recovery Act,as amended,or within the General Conditions and the accompanying remediation costs will be based on informa- meaning of any other law governing the written proposal or authorization. tion available to us and on our experience and handling,treatment;storage,or disposal of knowledge.Such estimates are an exercise of hazardous materials. You agree to hold us Section 1: Our Responsibilities our professional judgment and are not harmless and indemnify us from any such guaranteed or warranted.Actual costs may claim or loss. 1.1 We will provide the professional vary.You should allow a contingency in services specifically described in our written addition to estimated costs. 2.6 Drilling,well installation,and agreement with you.You agree that we are not remediation services may involve risk of responsible for professional services that are Section 2: Your Responsibilities cross-contamination of previously not fairly included in our specific undertaking. uncontaminated air,soil,and water.If you are Unless otherwise agreed in writing,all of our 2.1 You will provide access to the site. requesting.that we provide services that record findings,opinions,and In the course of our work some site damage is include this risk,you agree to hold us recommendations will be provided to you in normal even when due care is exercised.We harmless and indemnify us from cross- writing.You agree not to rely on oral findings, will use reasonable care to minimize damage contamination claims and-damages,unless the opinions,or recommendations without our to the site.We have not included the cost.of loss is caused by our negligence. written approval. restoration of normal damage in the estimated charges.We will correct normal damage at 2.7 You agree to make disclosures 1.2 In performing our services,we will your direction and expense. required by law.In the event you do not own use that degree of care and skill ordinarily the site,you acknowledge that it is your duty exercised under similar circumstances by 21 You agree to provide us,in a timely to inform the owner of the discovery or reputable members of our profession manner,with information that you have release of contaminants at the site.You agree practicing in the same locality.If you direct us regarding buried objects at the site.Until we to hold us harmless and indemnify us from all to deviate from our recommended procedures, have completed our work,you agree to claims related to disclosures made by us that you agree to hold us harmless from all claims, provide us with all of your plans,changes in are required by law'and from all claims related damages,and expenses arising out of your plans,and new information as to site to the informing or failure to inform the site direction. conditions.We will not be responsible for owner of the discovery of contaminants. locating buried objects at the site unless we 1.3 We will reference our field • accept that duty in writing.You agree to hold Section 3: Reports and Records observations and sampling to available us harmless from all•claims,damages,losses, reference points,but we will not survey,set, and related expenses involving buried objects 3.1 We will furnish reports to you in or check the accuracy of those points unless of w'hich.you had knowledge but did not duplicate.We will retain analytical data for we accept that duty in writing.It is understood timely call to our attention or correctly show seven years and financial data for three years. that locations of field observations or on the plans you or others on your behalf sampling described in our report or shown on furnished to us. 3.2 All samples remaining after tests are our sketches are based.on information conducted and field and laboratory equipment provided by others or estimates made by our 2.3 You will be responsible for the that cannot be adequately cleansed of personnel.You agree that such dimensions, cooperation of your employees and your contaminants are and continue to be your depths;or elevations are approximations contractors in observing all radiation safety property.They will be discarded or returned to unless specifically stated otherwise in the standards after we notify you that radiographic, you,at our discretion,unless within 15 days report.You accept the inherent risk that or gamma ray equipment or another nuclear of the report date you give us written direction samples or observations may not be testing or measuring device will be used. to store or transfer the materials at your representative of things not sampled or seen expense. and,further,that site conditions may change over time. 2.4 You will notify us of any knowledge or suspicion of the presence of hazardous or 3.3 Our reports,notes,calculations,and 1.4 Our duties do not include dangerous materials in a sample provided to other documents and our computer software supervising your contractors or commenting us.You agree to provide us with information and data are instruments of our service to you, in your possession or control relating to and they remain our property but are subject on,overseeing,or providing the means and contamination at the work site.If we observe to a license to you for your use in the related methods of their work,unless we accept such or suspect the presence of contaminants not project for the purposes disclosed to us.You duties in writing.We will not be responsible anticipated in our agreement,we may may not transfer our reports to others or use for the failure of your contractors to perform terminate our work without liability to you or them for a purpose for which they were not in accordance with their undertakings,and the to others,and we will be paid for the services prepared without our written approval,which providing of our services will not relieve will not be unreasonably withheld.At your others of their responsibilities to you or to we have provided. request,we will provide endorsements of our others, reports or letters of reliance,but only if the 2.5 Neither this agreement nor the tennis of recipients agree to be bound by the e te 1.5 We will provide a health and safety Providing of services will operatero make us our.agreement with you and only to are program for our employees,but we will not be an owner,operator,generator,transporter, paid the administrative fee stated in our then responsible for contractor,job,or site health treater,Storer,or a disposal facility within the meaning of the Resource Conservation current Schedule of Charges. or safety unless we accept that duty in writing. g Providing engineering and environmental solutions since 1957 4 3 If you do y not pay for our services as Section 5. Disputes,Damage,and Section 6: General Indemnification � agreed, ed we may re tain all work not yet Risk Allocation deliv ered to oti and you agree to return t Y Y o us g 6.1 We will indemnify and hold you all of our work th at is in your possession or 5.1 Disputes will be submitted to harmless from and against demands,damages, under your control.You agree not to use or Alternative Dispute Resolution(ADR)as a and expenses to the comparative extent.they rely upon our work for any purpose condition precedent to litig ation.Each of us are caused b our negligent P g acts or omissions Y whatsoever until it is paid for in full. will exercise good faith efforts to resolve or those negligent acts or omissions of persons dis putes through a mutually acceptable ADR for whom we are legally responsible.You will Section 4 - Compensation p nsation procedure.Collections will not be submitted indemnify and hold us harmless from and against demands damages,and expenses to g g p 4:1 You will pay for services as agreed to ADR. athe comparative extent they are caused by upon or according to our then current 5.2 We will not be liable for special, your negligent acts or omissions or those Schedule of Charges if there is no other incidental,consequential,or punitive negligent acts orpinissions of persons for written agreement as to price.An estimated damages,including but not limited to those whom you are legally responsible. cost is not a firm figure.You agree to pay all arising from-delay,loss of use,loss of profits sales taxes and other taxes based on your or revenue,loss of financing commitments or 6.2 To the extent it may be necessary to payment of our compensation.Our fees,or the cost of capital. indemnify either of us under Section 6.1,you performance is subject to credit approval and -and we expressly waive,in favor of the other payment of any specified retainer. 53 ' We will not be liable for damages only,any immunity or exemption from unless suit is commenced within two years of liability that exists under any worker 4.2 You will notify us of billing disputes the date of injury or loss or within two years compensation law. within 15 days.You will pay all undisputed of the date of the completion of our services, portions of invoices on receipt.You agree to whichever is earlier.We will not be liable 6.3 You agree to indemnify us against pay interest on unpaid balances beginning 30 unless you have notified us of the discovery of all loss and costs arising out of claims of. days after invoice dates at the rate of 1.5%per the claimed breach of contract,negligent act patent or copyright infringement as to any month,but not to exceed the maximum rate or omission within 30 days of the date of process or system that is specified or selected allowed by law. discovery and unless-you have given us an by you or by others on your behalf. opportunity to investigate and to recommend 4.3 If you direct us to invoice another, ways of mitigating damages. Section 7: Miscellaneous Provisions we will do so,but you agree to be responsible for our compensation unless you provide us 5.4 For you to obtain the benefit of a fee 7.1 We.will provide a certificate of with that person's written acceptance of all which includes a reasonable allowance for insurance to you upon request. terms of our agreement and we agree to extend- risks,you agree that our aggregate liability credit to that person and to release you. will not exceed the fee paid for our services or 7.2 This agreement is our entire $50,000,whichever is greater,and you agree agreement.It supersedes all prior agreements. 4.4 You agree to compensate us for our to indemnify us from all liability to others in It may be modified only in a writing making reason excess of that amount.If you reasonable fees and expenses if w " y are unwilling to p e are B specific reference to the provision modified- required to respond to legal process arising accept this allocation of risk,we will increase out of a proceeding related to the project and our aggregate liability to$100,000'provided 7.3 Neither of us will assign or transfer as to which we are not a party. that,within 10 days of the date of this an interest an claim any cause y y y use of action,or agreement,you provide payment in an amount any right against the other under this 4.5 . If we are delayed by factors beyond that will increase our fees by 101/o,but not less agreement.Neither of us will assign or our control,or if project conditions or the than$500,to compensate us for the greater otherwise transfer or encumber any proceeds risk undertaken.This increased fee is not the scope or amount of work change,or if or expected proceeds or compensation from changed labor union conditions result in purchase of insurance. the project or project claims to any third increased costs,decreased efficiency,or person,whether directly or as collateral or delays,or if the standards or methods change, 5.5 If you do not pay us within 60 days otherwise. we will give you timely notice and we will of invoice date,or if you make a claim against receive an equitable adjustment of our us that is resolved in our favor,you agree to 7.4 This agreement may be terminated compensation.If you and we do not reach reimburse our expenses,including but not early only in writing.We will receive an agreement on such compensation within 30 limited to attorney fees,staff time,expert equitable adjustment of our compensation in days of our written application,we may witness fees,and other costs of collection or . the event of early termination. terminate without liability to you or others. litigation. 7.5 It is customary for the consultant 4.6 If you fail to pay us within 60 days 5.6 The law of the state in which our that provides design recommendations to be following.invoice date,we may consider the servicing office is located will govern all retained to provide observation and related default a total breach of our agreement and,at disputes.Each of us waives trial by jury on services during construction or remediation our option,terminate all of our duties without our own behalf and on behalf of our work.If we are not retained to provide liability to you or to others. subcontractors and assigns. continuing services,you agree to hold us harmless from all claims,losses,and expenses 4.7 In consideration of our providing arising out of any interpretations, , insurance to cover claims made by you,you clarifications,substitutions,or modifications -hereby waive any right of offset as to fees due of our work provided by you or others. us. Revised 3-1-03 l CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by 1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable affects the work to be performed by Consultant. Such workplace. information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take applicable regulatory site response(Project Information), reasonable precautions to avoid damage or injury to subterranean structures and utilities identified and located by City and/or 1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies. revisions to the Project Information as it becomes available to City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant 3.1 Consultant may retain at its facility selected soil,water, or within 24 hours upon request, to aid, define, supervise, or material samples for a maximum of 30 days after completion of coordinate work or Project Information as requested by the work and submission of Consultant's report, which samples Consultant• shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any 3.2 Disposal of contaminated or hazardous waste samples is the inaccurate information furnished by City, or other responsibility of City. After said 30 days,City will be responsible subcontractors or consultants engaged by City. to select and arrange for lawful disposal procedures that include removal of samples from Consultant's custody and transporting SECTION 2: SITE LOCATION,ACCESS,PERMITS, them to a disposal site. City may request, or if City does not APPROVALS AND UTILITIES arrange for disposal, Consultant may deliver samples to City, freight collect,or arrange for lawful disposal and bill City at cost 2.1 City will indicate to Consultant the property lines of the site plus 15%. and assume responsibility for accuracy of markers. 2.2 City will provide for right-of-way for Consultantpersomrel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final invoice upon completion of work. Invoices will show charges 2.3 City will be solely responsible for applying for and based on the current Consultant Fee Schedule or other documents obtaining permits and approvals necessary for Consultant to as attached. Perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed.ed. It is 4.2 To PP receive any payment on this Contract,the invoice or bill understood that City authorizes Consultant to act as agent for must include the following signed and dated statement: "I declare City for City's responsibilities under this section including under penalty of perjury that this account,claim,or demand is just signing certain forms on City's behalf such as Right-of-Way and correct and that no part of it has been paid." forms. 4.3 The balance stated on the invoice shall be deemed correct 2.4 While Consultant will take reasonable precautions to unless City notifies Consultant,in writing,of the particular item minimize any damage to property,it is understood by City that that is alleged to be incorrect within ten(10)days from the invoice in the normal course of the work some damage may occur.The date. Consultant will review the alleged incorrect item within ten correction of any damage is the responsibility of City or,at (10)days and either submits a corrected invoice or a statement City's direction,the damage may be corrected by Consultant indicating the original amount is correct and billed to City at cost plus 15%. Notwithstanding the above,Consultant agrees to be responsible for damage caused 4.4 Payment is due upon receipt of invoice(or corrected invoice) by Consultant's negligence. and is past due sixty(60)days from invoice date. On past due City ofEden Prairie General Conditions Consukani Agreement December 2000 Page I of4 i i accounts,City will pay a finance charge of 1.5%per month on acquires,uncovers,or generates in the course of performing the the unpaid balance,or the maximum allowed by law,whichever work, except as and to the extent Consultant may, in its sole is Less,until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/IDHTATIONS OFREMEDIES following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City,the Consultant relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City to what fund reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs. made for any reason by state or federal agencies,except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed All claims, disputes and other matters in question(hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City,and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject to made by others. mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten(10)days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court The parties agree to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. It at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%,for data and materials not being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or to asserting the same claims entitlement to damages or payment of mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate maybe decided by arbitration in report. accordance with the Construction Industry Arbitration Rules ofthe American Arbitration Association then existing unless the parties 5.5 Consultant will consider Project Information as confidential mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or Oily of Eden Prairie General Condidons Consultant Agreement December 2000 Page 2 of4 relating to this Agreement or the breach thereof or the Project reasons beyond Consultant's control. or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others. and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court breach of contract and those acts, omissions, and breaches of 6.5.3 Compliance persons for whom City is legally responsible. SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: - STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant, represent,guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the ofwork,and Limitations ofEnvironmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other GV ofEden Prairie General Conditions Consultant Agreement December 2000 Page 3 of4 SECTION 11: ASSIGNMENT 11.1 Neither party may assign duties,rights or interests in the SECTION 17: DATA PRACTICES ACT COMPLIANCE performance of the work without obtaining the prior written consent of the other party, which consent will not be 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 unreasonably withheld. et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the SECTION 12: DELAYS possession of the Consultant. 12.1 If Consultant is delayed in performance due to any cause SECTION 18: DISCRIMINATION beyond its reasonable control, including but not limited to strikes,riots,fires,acts of God,governmental actions,actions 18.1 In performance of this contract, the Consultant shall not of a third party, or actions or inactions of City, the time for discriminate on the grounds of or because of race,color,creed, performance shall be extended by a period of time lost by religion,national origin,sex,marital status,status with regards to reason of the delay. Consultant will be entitled to payment for public assistance,disability,sexual orientation,or age against any its reasonable additional charges,if any,due to the delay. employee of the Consultant,any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a SECTION 13: EXTRA WORK similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects 13.1 Extra work, additional compensation for same, and of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., extension of time for completion shall be covered by written Title VI of the Civil Rights Act of 1964,and the Americans with amendment to this agreement prior to proceeding with any Disabilities Act of 1990. extra work or related expenditures. SECTION 19: CONFLICTS SECTION 14: WITHHOLDING TAXES 19.1 No salaried officer or employee of the City and no member 14.1 No final payment shall be made to the Consultant until the of the Board of the City shall have a financial interest,direct or Consultant has provided satisfactory evidence to the City that indirect,in this contract. The violation of this provision renders the Consultant and each of its subcontracts has complied with the Contract void. Any federal regulations and applicable state the provisions of Minn.Stat.290.92 relating to withholding of statutes shall not be violated. income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. SECTION 20: ENTIRE AGREEMENT SECTION 15: AUDITS 20.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral 15.1 The books,records,documents and accounting procedures agreements between them respecting the written subject matter. and practices of the Consultant or other parties relevant to this There are no representations, agreements, arrangements or Agreement are subject to examination by the City and either understandings, oral or written between City and Consultant the Legislative Auditor or the State Auditor for a period of six relating to the subject matter of this Agreement which are not fully (6)years after the effective date of this Contract. expressed herein. SECTION 16: PAYMENT TO SUBCONTRACTORS 20.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and 16.1 The Consultant shall pay to any Subcontractor within ten Consultant. (10)days of the Consultants receipt of payment from the City for undisputed services provided by the Subcontractor. The 20.3 This agreement is governed by the laws of the State of Consultant shall pay interest of one and a half percent Minnesota. (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions ConsultantAgreement December 2000 Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VL Q. City Council Release of Performance Payment to the City Manager Requested Action Authorize release of a performance payment to the City Manager. Synopsis The City Council met in closed session on April 26, 2005,to conduct the City Manager's annual performance review. Pursuant to the City Manager's employment agreement,the Council granted the Manager a 3.5%performance payment, based on Mr.Neal's base salary on April 1, 2005. This action will formally release the performance payment to Mr.Neal at the next appropriate payroll period. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. R. Sue Kotchevar, Office of the Adopt resolution calling for a public City Manager/Finance hearing on an amendment to the 2004 to 2008 capital improvement plan and the issuance of capital improvement bonds Requested Action Adopt resolution calling for a public hearing on an amendment to the 2004 to 2008 capital improvement plan and the issuance of capital improvement bonds. Synopsis The City plans to build a fourth fire station on Dell Road and Linwood Court with construction to begin in 2005 with completion in the fall of 2006. The City plans to issue capital improvement bonds to pay for the station. The statures covering the issuance of capital improvement bonds, Minnesota Statutes, Section 475.521, require a public hearing for the change to the capital improvement plan and the proposed issuance of the bonds. Background Information In 2003 the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to issue bonds under a qualified capital improvement plan without referendum requirements. Bonds may be issued for the acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. Attachments Resolution Exhibit A—Notice of Public Hearing CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO THE 2004 TO 2008 CAPITAL IMPROVEMENT PLAN AND THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City),as follows: 1. Amendment to the 2004 to 2008 Capital Improvement Plan. The City has held a public hearing and adopted the 2004 to 2008 Capital Improvement Plan(the CIP)on December 16,2003. Amendments to the CIP must be approved by the City Council following published notice and a public hearing. Accordingly,it has been proposed that the City Council hold a public hearing,on July 5,2005, in order to amend the CIP to increase the estimated cost of construction of a fire station building and other improvements identified in the CIP from$3,050,000 to$3,500,000. 2. . Approval of the Issuance of Capital Improvement Bonds. The City intends to issue capital improvement bonds to finance the construction of a fire station building and other improvements identified in the CIP pursuant to Minnesota Statutes, Section 475.521. Accordingly, it has been proposed that the City Council hold a public hearing,on July 5,2005, in order to approve issuance of capital improvement bonds. 3. Public Hearing. A public hearing is hereby scheduled to be held on the adoption of an amendment to the CIP and the approval of the issuance of capital improvement bonds at 7:00 p.m.on Tuesday,July 5,2005,at the Eden Prairie City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota. The Finance Director is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A attached hereto to be published in the official newspaper of the City not less than fourteen(14)days nor more than twenty-eight(28)days prior to the date of the hearing. ADOPTED by the City Council of the City of Eden Prairie,Minnesota this 7th day of June,2005. APPROVED: Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk EXHIBIT A CITY OF EDEN PRAIRIE, MINNESOTA NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE 2004 TO 2008 CAPITAL IMPROVEMENT PLAN AND THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS PURSUANT TO MINNESOTA STATUTES, SECTION 475.521 Notice is hereby given that the City Council of City of Eden Prairie, Minnesota(the City), will meet at 7:00 p.m. on Tuesday, July 5, 2005, at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota,to conduct a public hearing to obtain public comment on an amendment to the City's 2004 to 2008 Capital Improvement Plan and the City's intention to issue capital improvement bonds(the Bonds) in an amount not to exceed $3,500,000, pursuant to Minnesota Statutes, Section 475.521, for the purpose of financing the construction of a fire station building and other improvements identified in the City's Capital Improvement Plan. If a petition requesting a vote on the issuance of the Bonds is signed by voters equal to five percent of the votes cast in the City at the last general election and filed with the City Clerk within thirty days after the public hearing, the City may issue the Bonds only after obtaining the approval of a majority of the voters voting on the question of issuing the Bonds. Copies of the proposed amendment and resolution are on file and may be inspected at City Hall during normal business hours. All interested parties are invited to attend the public hearing or to provide written comments to the undersigned,which written comments will be considered at the hearing. Questions regarding this matter may be referred to Sue Kotchevar, Finance Director at 952-949-8386. Auxiliary aids are available upon request at least 96 hours in advance of the hearing. Please contact the City at 952-949-8300 to make arrangements. BY ORDER OF THE CITY COUNCIL /s/Kathleen Porta City Clerk Publish: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VL S. Office of the City Manager Consent of assignment of license agreement to an affiliate of Sprint Requested Action Approve agreement consenting to assignment of license agreement between the City of Eden Prairie and Sprint to an affiliate of Sprint. Synopsis The agreement transfers the license between the City and Sprint to an affiliate of Sprint. All conditions of the license agreement remain the same. The City Attorney has reviewed the license agreement. There is no default condition currently between the City and Sprint. The City Attorney and I recommend the Council approve the attached agreement. Attachments Agreement CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT THIS CONSENT ("Consent") is made as of June 7, 2005, by the City of Eden Prairie ("City") and is made pursuant to the license agreement previously entered into by the City and Sprint Spectrum Realty Realty Company, L.P., a Delaware limited partnership ("Sprint"). RECITALS: A. The City and Sprint are now parties to that certain license agreement dated January 16, 2001 ("License Agreement"), covering certain real property more particularly described on Exhibit A attached hereto ("Property"); B. The City certifies that no default exists under the License Agreement on the part of Sprint, and to the best of the City's knowledge, Sprint has not defaulted under the License Agreement; and Pursuant to Section 26 the above-listed License Agreement, the City hereby consents to Sprint's assignment of said License Agreement to an affiliate of Sprint ("Affiliate"). The Affiliate is expressly bound to the City by the terms of the Lease Agreement. CITY OF EDEN PRAIRIE Dated: By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7th day of June, 2005, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public EXHIBIT A PROPERTY LEGAL DESCRIPTION The South 300 feet of the East 615 feet of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 7, 2005 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. T. Police/James G. DeMann Approval of Amendment to 2005 Towing Services Agreement Requested Action: Move to: Approve the amendment of the 2005 Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service. Synopsis: This is an amendment to the 2005 agreement with Matt's Auto for towing services. The amendment raises the impound fee from $80 to $85. The increase is due to the increase in fuel costs. Background Information: Staff discussed the possibility of this change at the time the original towing agreement was drafted, but Mr. Strodel requested to wait until gas prices actually went up to increase his impound fee. As predicted, the price of gas did increase significantly resulting in a sizeable increase to Mr. Strodel's operating costs. This adjustment would not result in any extra cost to the City as this fee is paid by the registered owner of the vehicle. The adjustment is a fair price and it is comparable to agreements from neighboring communities. Attachments: Amendment to 2005 Agreement for Towing Services r AMENDMENT TO 2005 AGREEMENT FOR TOWING SERVICES THIS IS AN AMENDMENT TO THE 2005 AGREEMENT FOR TOWING SERVICES (the "Agreement") between THE CITY OF EDEN PRAIRIE (the "City"), and MATT'S AUTO SERVICE, INC., (the"Contractor"). WHEREAS, City and Contractor are parties to that certain 2005 Agreement for Towing Services entered into on the day of , 2005, for towing services (hereinafter referred to as the"Agreement"); and WHEREAS, the increase in gas prices has necessitated an increase in the impound fee; and WHEREAS, City and Contractor mutually desire to amend the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, City and Contractor hereby agree to amend the Agreement as follows: 1. The "Impounded vehicles" rate specified in Section 7 is hereby increased from $80.00 to $85.00 effective upon execution of this Amendment. IN WITNESS WHEREOF, City and Contractor have caused this Amendment to be executed as of the date set forth below. MATT S AUTO SERVICE INC. CITY OF EDEN PRAIRIE By: By: Its: Owner Its: Mayor By: Its: City Manager Dated: Dated: PAHome\EP\POLICE\Amendment to 2005 Towing Contract.wpd CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIL A. Community Development/Planning Janet Jeremiah McCall Bluff Subdivision Michael D. Franzen Requested Action Move to: • Continue the Public Hearing to June 21, 2005. Synopsis This is a preliminary plat in the Rural zoning district of 4.89 acres into two lots. Waivers are required for lot size, lot dimension and setbacks. This item was continued at the May 17, 2005 meeting to resolve access rights for the two lot subdivision. Title work is underway by the proponent to address this issue; however, it will not be completed in time to make the June 7, 2005 meeting A letter requesting a continuance is attached. Attachments 1. June 1, 2005 letter from Jeff McCall 04: 08p jeff mccall 9524760582 p. '•wme 1,2005 ID: Michael Fran=,City plamer c 'McCall,McCall Construction 6!2-718-4345 "Opject: mecau Dluff ::.ter MiJcr, _- c n unexpected tame delay on title documents it will be necessary to reschedule the Q at1 Bluff project:to the next available City Council mecdng. In addition,I am authorizing an m,sion of timc for the mvierw of my proje4:t to July 5,2005. four the delay. please call with any questions. 4 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Community Development/ Eagle Ridge at Hennepin Village 6th Planning Janet Jeremiah Requested Action Move to: 0 • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 16.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-9.5 on 16.9acres; and • Adopt the Resolution for Preliminary Plat on 16.9 acres into 41 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. • Approve and Authorize Issuance of a Grading Permit for Eagle Ridge at Hennepin Village 6th, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 18, 2005, as approved by the City Council. Synopsis This 41 lot single family subdivision is consistent with the planned unit development concept approved by the City Council on April 12, 2005. There are waivers for setbacks and lot size similar to those granted for other R1-9.5 zoned sites in Hennepin Village Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project to the City Council at the May 9, 2005 meeting, subject to the following revisions. • Revise the preliminary plat to show a 100 foot diameter cul de sac and remove the planting island from the road right of way. • Revise the landscape plan to remove trees from the right of way. • Provide an architectural diversity plan so that no two units are alike, side-by-side, or opposite each other. These revisions are included in the plans. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated May 6, 2004 4. Minutes of the May 9, 2005, Planning Commission Meeting EAGLE RIDGE AT HENNEPIN VILLAGE -SIX CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EAGLE RIDGE AT HENNEPIN VILLAGE - SIX FOR PEMTOM LAND COMPANY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 9, 2005, on Eagle Ridge at Hennepin Village- Six by Pemtom Lane Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 7, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eagle Ridge at Hennepin m Village Six, being in Hennepin CountY> Minne Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 20, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission May 9, 2005. ADOPTED by the City Council of the City of Eden Prairie this 7t'day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Outlot L of EAGLE RIDGE AT HENNEPIN VILLAGE FOUR, according to the recorded plat thereof Hennepin County Minnesota. AND That part of Tract D, Registered Land Survey No 1667, lying northeasterly of Registered Land Survey No. 1730,Hennepin County,Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D;thence South 89 degrees 09 minutes 06 seconds West,assumed bearing along the north line of said Tract D,a distance of 2161.87 feet to the point of beginning of the line to be described; thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet; thence southeasterly along a tangential curve concave to the northeast, having a radius of 735.00 feet, and included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of said Registered land Survey No. 1730 and said line there terminating. EAGLE RIDGE AT HENNEPIN VILLAGE - SIX CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE -SIX FOR PEMTOM LAND COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eagle Ridge at Hennepin Village—Six for Pemtom Lane Company stamp dated April 20, 2005, and consisting of 16.9 acres into 41 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7rh day of June, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 6, 2005 SUBJECT: Eagle Ridge at Hennepin Village Six. APPLICANT: Pemtom Land FEE OWNER: Pemtom Land LOCATION: East of Spring Road and South of Charlson Road REQUEST: 1. Planned Unit Development Concept Review on 16.9 acres. 2. Planned Unit Development District Review with waivers on 16.9 acres. 3. Zoning District Change from Rural to R1-9.5 on 16.9 acres. 4. Preliminary Plat on 16.9 acres into 41 lots, and road right-of-way. Staff Report—Eagle Ridge at Hennepin Village Six May 6,2005 Page 2 BACKGROUND This site is currently guided Low-Medium Density Residential with a Planned Unit Development Concept approval for 41 single family lots. PRELIMINARY PLAT The proposed plan is 41 single family lots at a density of 2.4 units per acre. The proposed cul de sac is 120 feet wide. The cul de sac should be revised to meet the 100 foot diameter maximum. The planting island should be removed. PLANNED UNIT DEVELOPMENT &WAIVERS The following waivers are required as part of the Planned Unit Development in the R1-9.5 Zoning District 1. Lot size less than 9,500 square feet for Lot 16, Block one and Lots 1-7, Block 2. 2. Lot frontage less than 70 feet for Lots 9-24, Block 1 and Lots 3-17 Block 2. 3. Lot frontage less than 55 feet on Street B cul de sac for Lots 3-7, Block 1. 4. Front Yard setback from 30 feet to 25 feet for all lots. The project could conform to the R1-9.5 district standards by removing 3 lots on the south side of Street A, 1 lot on Street B, and 3 lots on the north side of Street A. Consideration for granting the waivers is the developer commitment to providing 8 affordable units on this site or other sites in the planned unit development. LANDSCAPE PLAN The required landscaping is a combination of tree replacement as part of the 240 acre planned development and buffer plantings along Charlson Road. The diameter inch requirement is 744 inches of shade and coniferous trees. The plan meets this requirement. Trees should be removed from the street right of way. DRAINAGE AND UTILITIES All storm water will be treated to NURP standards FLYING CLOUD AIRPORT Staff Report—Eagle Ridge at Hennepin Village Six May 6,2005 Page 3 None of the homes are in an airport safety zone or noise zone 60 or 65. Due to the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA, based on the Metropolitan Council's Builder Guide. This is similar to the parts of the Hennepin Village development. ARCHITECTURE There are a number of building designs and floor plans. All of these plans are generally consistent with the Architectural Framework Manual for the planned development in terms of materials, roof pitch and porches. The developer should amend this framework to include an architectural diversity plan so that no two units are alike, side by side or opposite each other. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 16.9 acres. • Planned Unit Development District Review with waivers on 16.9 acres. • Zoning District Change from Rural to R1-9.5 acres on 16.9 acres. • Preliminary Plat of 16.9 acres into 41 lots and road right-of-way. This is based on plans dated May 6, 2005, and the following conditions: 1. Prior to City Council Review,the developer shall: A. Revise the preliminary plat to show a 100 foot diameter cul de sac and remove the planting island from the road right of way. B. Revise the landscape plan to remove trees from the right of way. C. Provide an architectural diversity plan so that no two units are alike, side by side, or opposite each other. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: Staff Report—Eagle Ridge at Hennepin Village Six May 6,2005 Page 4 A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150%of the cost of the tree replacement/landscaping for 744 caliper inches. B. Pay the Cash Park Fee. 5. The following waivers are granted through the PUD for the project: A. Lot size less than 9,500 square feet for Lot 16, Block one and Lots 1-7, Block 2. B. Lot frontage less than 70 feet for Lots 9-24, Block 1 and Lots 3-17 Block 2. C. Lot frontage less than 55 feet on Street B cul de sac for Lots 3-7, Block 1. D. Front Yard setback from 30 feet to 25 feet for all lots. EAGLE RIDGE AT HENNEPIN VILLAGE—SIX by Pemtom Land Company; location east of Spring Road and south of Charlson Road. This is a request for a Planned Unit Development concept Review on 16.9 acres; Planned Unit Development District Review on 16.9 acres; Zoning District Change from Rural to R1-9.5 on 16.93 acres; and a Preliminary Plat of 16.9 acres into 41 single family lots and 4 outlots. Dwight Jelle, from Westwood Professional Services, representing Pemtom Land Company, presented the proposal. He stated that, in regards to the project, all of Summit Oaks is completed and they are moving into the last phase of the residential area. He displayed the site using an overhead projection. He stated that there is one public road going through this site and that they have been working with Staff and utilizing DRC comments to revise the site to comply with recommendations. Mr. Jelle stated that they have planned for a considerable amount of landscaping and some burming in front of Charlson Road. He stated that the pond on this site is still considered to be a dry pond and is intended to be an infiltration pond. He stated that the developers agree with every recommendation from Staff, except that they would like to plant the trees on the boulevard because they feel that this is important for the image of Hennepin Village. Stoelting asked Franzen to review the Staff report. Franzen stated that the rezoning and the preliminary plat is consistent with the concept plan that the Commission and the Council approved a few months ago. The Staff recommendation for this project is for approval. Franzen stated that there are a few minor changes to be made prior to the May 17 Council meeting. These changes have to do with covenants and restrictions that have to be recorded on the property for the eight affordable units on this site. They would stay in affect for a forty year time period and would transfer only to those families that would be eligible for the program. The unit would have to be under$193,700,which is a Minnesota Housing Finance Agency standard for what they consider affordable for a family of four. Franzen stated that the developer has not brought back the signed agreement, but did expect it in the near future. The City came up with the covenant to ensure that if a family left after a short amount of time, the program would continue to the next family that lived there. Stoelting opened the meeting up for public input. There was no input. Nelson asked Franzen if the covenant needed to be signed before the City Council meeting and should it be added to the recommendations for approval. Franzen stated that the developer's agreement is based upon the guide plan change and concept that the Planning Commission had addressed a few months ago and the City Council approved a month ago and that would be filed against the particular property where the subdivision is located. He stated that it will happen in advance of this project going forward to the City Council. Rocheford asked Franzen if he could give some history on the concept of affordable units and housing in Eden Prairie and whose direction does the City go with as far as providing for more affordable housing units in developments like the one discussed. Franzen stated that the City's comprehensive plan has a variety of different housing programs that address affordability from an ownership standpoint and a rent ability standpoint. He pointed out that on affordable ownership, most of what the City has done is not owned by the Met Council or the Minnesota Housing Finance Agency, rather they are agreements that the developers had when they brought their project through the process at the initial start of their construction. What the City is seeing now, with the land costs and construction costs so high, is that it is very difficult to make the units affordable. This is a problem not just to Eden Prairie, but exists throughout the Metropolitan area. Stoltz stated that in the Staff report on page 3, under architecture, it talked about architectural framework, materials, roof pitches and porches and states in the last sentence, "developer should amend this framework to include an architectural diversity plan so that no two units are alike, side by side, or opposite each other." He asked Mr. Jelle if they have had issues with this in the past, and is this something new or is this something P g that is typically done. Mr. Jelle stated that they have not had any issues with this,that in fact, it is a diversity plan pertaining to repetition control. He stated that they encourage no two units side by side, or across the street, to look the same. Koenig asked Franzen if we had a disclosure statement pertaining to the Flying Cloud Airport and asked if it was for all of the residential units. Franzen stated that the City did for all of Hennepin Village and recently for the Ridge at Riley Creek and Eden Heights Estates. He stated that any new housing developments that are within or near noise zones, safety zones, or aircraft approaches have to have a disclosure statement. Franzen also stated that in speaking with the Building Department, the normal construction techniques for single family homes meets the requirements. Koenig asked Franzen if this information gets disclosed to the future owner, if the present owner decides to sell the home after residing in it for a short period of time. Franzen responded by stating that the notification is basically for the party purchasing the unit for the first time. Koenig asked what the problem would be if the developer were to landscape in the right-of-way. Gray responded by stating that the City maintains a policy that a residential street right-of-way avoid having a lot of landscaping materials placed on it. He stated that this policy is good for the City for three reasons. The first is for snowplow operations. He explained that if there is a boulevard full of trees it is very difficult to wing out with the snowplow. The second reason would be that it is very costly for the City to maintain and trim the trees that are on the boulevards. If the trees are outside of the right-of-way, on private property, it is the homeowner's responsibility to maintain the trees. Thirdly, is the site distance issue with the way some of the landscaping is sited. Fox stated that there are also some other reasons that the trees should not be placed in the right-of-way. The first reason being that underground utilities are placed in that corridor. The second reason would be that the 8-foot boulevard would be fine for small trees because if you plant larger trees on the boulevard and they grow, they would be confined to that small area. The third reason is two-fold. In the winter it is very difficult to plow with the trees in the boulevard, and in the summer it is very costly to trim the trees. Fox pointed out that it has been the policy of the City that trees belong out of the right-of-way. He stated that the developer has a streetscape throughout the entire area and that they do have trees inside their private street and will be maintaining the area for snow removal and tree trimming. Fox suggested that if the developer wanted continuity through this area then a possible agreement could be established that would make them responsible for all the trees within the subdivision. Koenig asked Fox if that agreement could be put in the developer's agreement. Fox responded by stating that for maintaining trees in the public right-of-way, it would take something above and beyond a simple term in the developer's agreement. MOTION by Nelson, seconded by Koenig,to close the public hearing. Motion carried 8-0. MOTION by Rocheford, seconded by Seymour,to approve the request Planned Unit Development Concept Review on 16.9 acres; Planned Unit Development District Review on 16.95 acres; Zoning District Change from Rural to R1-9.5 on 16.9 acres; and Preliminary Plat of 16.9 acres into 41 single family lots and 4 outlots, based on plans dated May 6, 2005, subject to the recommendations of the staff report dated May 6, 2005,to the City Council, subject to the following changes to be completed by the Developer prior to review by the City Council. The changes are A, B, and C of the Staff recommendations. Koenig commented that she felt torn on the placement of the boulevard trees. Stoelting asked Rocheford, for the record, if he could explain what A, B, and C, of the Staff recommendations were. Rocheford stated that the recommendations were as followed: A. Revise the preliminary plat to show a 100 foot diameter cul de sac and remove the planting island from the road right of way. B. Revise the landscape plan to remove trees from the right of way. C. Provide an architectural diversity plan so that no two units are alike, side by side, or opposite each other. Motion carried 8-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Community Development/ Planning Janet Jeremiah, Regina Herron Showroom Code Change Reqested Action Move to: • Close the Public Hearing; and • Approve I"Reading of the Ordinance Amending City Code relating to showrooms. Synopsis There is one reason for this change: 1. Adding language for a showroom as a permitted use provided products are for display purposes only and not for direct retail sales. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the code change to the City Council at its May 9, 2005 meeting. Background Showroom is a business where products are displayed and not generally sold directly to a customer. The City currently considers showrooms to be retail. Retail in Industrial districts is limited to 15%of a building. A survey of adjoining communities indicates no consensus of where and how much showroom is permitted. Since showrooms are a destination with indirect retail sales,the Industrial district would seem a logical location for this use. The restriction for display only will attract showrooms with low parking demand which will match the available spaces typically found on sites that are zoned Industrial. Attachments 1. Proposed showroom ordinance 2. Staff report dated May 6, 2005 3. Planning Commission minutes dated May 9, 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.30 RELATING TO I-INDUSTRIAL DISTRICTS; 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 11.30, Subd. 2 is amended by adding Subsection H which shall read as follows: H. Showrooms,provided products are for display purposes only and not for direct retail sales. Section 2. 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 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 day of , 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 52005. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on 12005. STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I THROUGH: Michael D. Franzen, City Planner DATE: May 6, 2005 SUBJECT: Showroom as a permitted use in Industrial Zoning Districts. APPLICANT City of Eden Prairie REQUEST: Proposed amendment to the City Code to add Showroom to the listed permitted uses in the Industrial Zoning Districts. Staff Report—Showroom May 6,2005 BACKGROUND Staff receives several requests each year for an entire building to be used as a"showroom" in the Industrial districts. Showroom is a business where products are displayed and not generally sold directly to a customer. An example would be a carpet store such as CGO Carpet Outlet next to Menards. Carpet is displayed but the product is delivered to a home or business. Currently showroom is interpreted as a retail commercial use. Supporting minor retail commercial uses are permitted at a maximum of 1.5%of the gross Floor Area Ratio (FAR) in Industrial zoned buildings. A variance would be required to permit more than the 15% maximum gross FAR. The reason for a retail limitation in Industrial districts is that there is not enough parking. Showrooms typically have low parking demand because there are limited or no direct retail sales. Existing industrial buildings are parked at 3 spaces per 1,000 square feet of building and retail parking demand is 6 spaces per 1,000. The other option is for showrooms to locate in Commercial Zoning Districts where 100%retail is permitted. A survey of adjoining communities indicates no consensus of where and how much showroom is permitted. Showroom is permitted, permitted with a 1.5-20%retail limitation, or permitted provided no direct retail sales. STAFF RECOMENDATION Staff recommends showroom as a permitted use provided products are for display purposes only and not for direct retail sales. Since showrooms are a destination with indirect retail sales, the Industrial district would seem a logical location for this use. The restriction for display only will attract showrooms with low parking demand which will match the available spaces typically found on sites that are zoned Industrial. 2 CODE AMENDMENT Proposal to amend City Code Section 11.30 to add Showroom to the list of permitted uses in the Industrial Zoning Districts. Stoelting asked Franzen to review the proposed code amendment. Franzen stated that currently showrooms are considered retail;with that in mind, only 15%of the building can be used for showroom. These showrooms are generally related to the building industry, i.e. carpet stores, kitchen showrooms, and bathroom showrooms. Franzen said that they are generally located in low visibility areas with little parking. The industrial districts seem to be the best fit for these showrooms.Recommendation is for approval of the code change. The attachment on the last page of the Staff report lists the code format that would be officially adopted. It is as follows: "Showrooms, provided products are for display purposes only and not for direct retail sales." Franzen also stated that if there is a showroom, it is allowed to have 15%retail space. Stoelting opened the meeting up for public input. There was no input. MOTION by Nelson, seconded by Koenig, to close the public hearing. Motion carried 8-0. MOTION by Rocheford, seconded by Seymour, to approve the amendment to the City Code. Motion carried 8-0. CITY COUNCIL AGENDA DATE: SECTION: June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 141204 - 141768 Wire Transfers 2246 -2252 Background Information Attachments City of Eden Prairie Council Check Summary 6/1/2004 Division Amount General 63,580 100 City Manager 93 101 Legislative 703 102 Legal Counsel 6,228 104 Contingency 20 110 City Clerk 15,002 111 Customer Service 33,167 112 Human Resources 6,083 115 Risk Management 1,834 116 Facilities 20,153 117 City Center 14,328 130 Assessing 2,264 131 Finance 30 132 Social Services 6,869 133 Community Development 443 135 Information Technology 28,856 136 Wireless Communication 30,498 137 Economic Development 269 150 Park Administration 812 151 Park Maintenance 24,099 153 Athletic Programs 5,241 154 Community Center 40,732 156 Youth Programs 781 157 Special Events 1,475 158 Senior Center 1,955 159 Recreation Administration 991 160 Therapeutic Recreation 194 161 Oak Point Pool 5,747 162 Arts 50 163 Park Facilities 1,385 180 Police 19,425 183 Civil Defense 988 184 Fire 14,792 185 Animal Control 245 186 Inspections 526 200 Engineering 454 201 Street Maintenance 16,720 202 Street Lighting 52,842 203 Fleet Services 20,291 204 Equipment Revolving 6,542 300 Heritage Preservation Grants 1,000 303 Cemetary Operation 971 304 Senior Awareness Fund 54 502 Park Development 469 503 Utility Improvement 44,794 506 Improvment Bonds 1996 5,334 507 Construction Fund 3,101 509 CIP Fund 70,865 511 Construction Fund 30,866 601 Prairie Village Liquor 67,310 602 Den Road Liquor 90,595 603 Prairie View Liquor 53,493 701 Water Fund 153,251 702 Sewer Fund 934 703 Storm Drainage Fund 3,934 803 Escrow Fund 20,992 806 SAC Agency Fund 76,950 807 Benefits Fund 459,930 Report Totals 1,531,553 City of Eden Prairie Council Check Register 6/7/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2246 309 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2247 73,739 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2248 10,220 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2249 15,826 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2250 77,023 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2251 26,333 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2252 132,542 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 141204 395 ACHIEVE MARKETING Advertising Den Road Liquor Store 141205 2,025 ARCH PAGING Pager&Cell Phone Wireless Communication 141,206 4,256 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 141207 100 BRADLEY,KIMBERLY Refunds Environmental Education 141208 138 CAMPBELL KNUTSON,P.A. Legal WAFTA 141209 4,650 CENTERPOINT ENEGY Gas Fire Station#1 141210 5,625 CORNERSTONE Other Contracted Services Legal Council 141.211 120 DALE SORENSEN CO Building Permits General Fund 141212 424 DESIGN l OF EDINA LTD Building Permits General Fund 141213 350 FAHEY,LARRY Other Contracted Services Purgatory Creek Recreation Are 141215 1,266 GENUINE PARTS COMPANY Equipment Parts Fleet Services 141216 12,012 HENNEPIN COUNTY ADMINISTRATOR Right of Way&Easement Improvement Projects 1996 141217 50 LINEHAN,KEVIN Refunds Environmental Education 141218 100 LOFRANO,TAMMY Refunds Environmental Education 14t219 35 MAYBERRY,JANE Lessons&Classes Ice Arena 141220 30 MILLER,KAREN Program Fee Cummins House Special Events 141221 60 NEW FOGEY FOLLIES Operating Supplies Red Hat 141222 200 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 141223 92 PETTY CASH-EPCC Mileage&Parking Community Center Maintenance 141224 1,500 POP WAGNER INC Other Contracted Services Purgatory Creek Recreation Are 141225 100 SCHAPER,JR,ROLAND R Refunds Environmental Education 141226 17 SEARS COMMERCIAL ONE Small Tools Park Maintenance 141227 37 SHAWD,LYNETTE Lessons&Classes Oak Point Lessons 141228 3,840 SKYHAWKS SPORTS ACADEMY Instructor Service Athletics 141229 5,928 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 141230 436 STAR TRIBUNE Employment Advertising Human Resources 141231 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 141232 2,050 STRATEGIC INSIGHTS INC Software General Facilities 141233 5 TOMPKINS,JAMES Program Fee Trips 141234 600 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Purgatory Creek Recreation Are 141235 316 W E LAHR COMPANY Equipment Parts Fleet Services 141236 69 WERTS,SANDY Mileage&Parkin Special Events Administration g P 141237 120 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 141238 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 141239 122 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 141240 8,133 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 141241 5,215 DAY DISTRIBUTING Beer Den Road Liquor Store 141242 3,311 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 141243 10,030 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 141244 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 141245 126 FINE WINES FROM EUROPE Wine Domestic Den Road Liquor Store 141246 439 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 141247 398 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 141248 7,913 GRIGGS COOPER&CO Liquor Den Road Liquor Store 141250 13,857 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 141251 9,048 MARK VII Beer Den Road Liquor Store 141252 354 MASS BAR-MATE CORP Misc Non-Taxable Den Road Liquor Store 141253 1,064 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 141254 93 MORAN USA,LLC Misc Taxable Den Road Liquor Store 141255 1,015 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 141256 4,904 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 141257 4,980 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 141258 3,225 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 141259 13,811 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 141260 57 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store 141261 12,010 THORPE DISTRIBUTING Beer Den Road Liquor Store 141262 2,636 WINE COMPANY,THE Wine Imported Den Road Liquor Store 141263 2,377 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 141264 619 WINE SOURCE INTERNATIONAL Wine Imported Prairie Village Liquor Store 141265 140 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 141266 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 141267 100 ABERNATHY,WILLIAM Refunds Environmental Education 141268 40 BOLD,PAULINE Instructor Service Outdoor Center 141269 12 BROWN,PAUL Program Fee Classes/Programs/Events 141270 80 CAMPOS,LORI Instructor Service Outdoor Center 141271 9 GILL,CHERLY Program Fee Classes/Programs/Events 141272 53 HEDDLE,ALLEN Miscellaneous Information Technology 141273 60 MCFERRIN,TANYA Instructor Service Outdoor Center 141274 1,590 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 141.275 263 MUENCH,JOHANNA Operating Supplies Ice Show 141276 1,007 QWEST Telephone Wireless Communication 141277 43 SCHMIT,KELLY Operating Supplies Ice Show 141278 98 TEKIELA,STAN Operating Supplies Outdoor Center 141279 146 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Purgatory Creek Recreation Are 141280 10,874 XCEL ENERGY Electric City Hall-CAM 141281 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 141282 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 141283 550 DELLIQUANTI,JULIE Instructor Service After School Programs 141284 45 DONALDSON,LORINDA Program Fee Outdoor Center 141285 12 DUNCAN,SUZANNE Lessons&Classes Oak Point Lessons 141286 1,292 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 141287 121 GREENMAN TECHNOLOGIES OF MN IN Equipment Repair&Maint Fleet Services 141288 100 HENNEPIN COUNTY TREASURER Dues&Subscriptions Planning 141289 24,234 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Fire Station#4 141290 100 MADSEN,BRADLEY Landscape Materials/Supp Park Maintenance 141291 504 MEDICINE LAKE TOURS Special Event Fees Trips 141292 279 MENARDS Small Tools Water System Maintenance 141293 2,068 METRO SALES INCORPORATED* Other Rentals General 141294 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 141295 20 MNSF-METROPOLITAN REGION Instructor Service Senior Center Administration 141296 50 MORSE,MARY Program Fee Outdoor Center 141297 158 NUCO2 INC Chemicals Pool Maintenance 141298 140 PENNER,MARY Program Fee Afternoon Playground 141299 127 PITNEY BOWES Office Supplies General 141300 28 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation 141301 8,419 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 141302 647 ST PAUL,CITY OF Patching Asphalt Street Maintenance 141303 67 STATE OF MINNESOTA Operating Supplies Fleet Services 141304 402 STRONG,WILLIAM Insurance Risk Management 141305 509 SUPERIOR LAMP INC Supplies-Electrical Community Center Maintenance 141306 145 TIME WARNER CABLE Dues&Subscriptions City Council 141307 50 TOMASSORI,JODEE Program Fee Outdoor Center 141308 156 VIGIL,KELLY Program Fee Athletics 141309 161 WACONIA FARM SUPPLY Small Tools Park Maintenance 141310 64 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 141311 250 A&S TRAINING Tuition Reimbursement/School Police 141312 12 ALSAGER,ADELYN Program Fee Classes/Programs/Events 141313 8,433 AMERICAN LIBERTY CONSTRUCTION, Building Park Acquisition&Development 141314 250 ATOM Tuition Reimbursement/School Police 141315 320 BLR INC Training Supplies Sewer Utility-General 141316 24 BRUENING,CHARLOTTE Program Fee Classes/Programs/Events 141317 12 CLASSEN,GLADYS Program Fee Classes/Programs/Events 141318 12 COLEHOUR,SYLVIA Program Fee Classes/Programs/Events Check# Amount Vendor/Explanation Account Description Business Unit 141319 24 DOLLERSCHELL,JOHN Program Fee Classes/Programs/Events 141320 24 DUVICK,JIM Program Fee Classes/Programs/Events 141321 150 FBINAA Tuition Reimbursement/School Police 141322 481 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 141323 12 GUTTROMSON,GLADYS Program Fee Classes/Programs/Events 141324 24 HANSON,RUSSELL W Program Fee Classes/Programs/Events 141325 30 HEALTHCARE DIMENSIONS Operating Supplies Fitness Classes 141326 12 HECKER,MARGARET Program Fee Classes/Programs/Events 141327 285 IACP Tuition Reimbursement/School Police 141328 12 JOHNSON,ALICE Program Fee Classes/Programs/Events 141329 12 MORRISON,BONNIE Program Fee Classes/Programs/Events 141330 453 PETTY CASH Conference Expense Economic Development 141331 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 141332 48 PREAM,PAUL Program Fee Classes/Programs/Events 141333 5,196 QWEST COMMUNICATIONS Pager&Cell Phone Police 141334 12 REUSS,DOROTHY Program Fee Classes/Programs/Events 141335 12 SCHAITBERGER,BETTY Program Fee Classes/Programs/Events 141336 9 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 141337 125 VAN METER&ASSOCIATES Tuition Reimbursement/School Police 141338 550 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 141339 203 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Water Utility-General 141340 523 WALLIN,DANIEL Tuition Reimbursement/School In Service Training 141341 24 WILLIAMS,GORDON Program Fee Classes/Programs/Events 141342 25 WILS Dues&Subscriptions Parks Administration 141343 869 WILSON,JOHN D. Tuition Reimbursement/School In Service Training 141344 2,107 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 141.345 16,470 XCEL ENERGY Electric Community Center Maintenance 141346 10 CARLYLE,JANELLE Lessons&Classes Pool Lessons 141347 25,039 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 141348 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 141349 30 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Clerk 141350 91 GE CAPITAL Other Rentals General 141351 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 141.352 204 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 141353 60 LEMON,NANCY Riley Lake Shelter Park Facilities 141354 33 MENARDS Small Tools Street Maintenance 141355 166 MILLARD,EMILY Mileage&Parking Police 141356 1,927 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 141357 12 MOSEMAN,CHRISTINE Lessons&Classes Girls on the Run 141358 75 NOKES,JAMES Program Fee Summer Skill Development 141359 240 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 141360 8,023 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 141361 7,432 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 141362 14 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 141363 378 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 141364 312 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 141365 2,835 SOUTHWEST SUBURBAN PUBLISHING- Advertising Den Road Liquor Store 141366 364 SPRINT Software and Hardware Information Technology 141367 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 141368 45 TIME WARNER CABLE Dues&Subscriptions City Clerk 141369 8 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Park Maintenance 141370 295 WALMART COMMUNITY Recreation Supplies Leisure Education 141371 1,326 1 ST CHOICE TOURS Operating Supplies Red Hat 141372 140 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 141373 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 141374 2,075 ATOM Tuition Reimbursement/School Police 141375 555 BATES,DON Other Contracted Services Community Band 141376 60 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 141378 5,165 BIFFS INC Waste Disposal Park Maintenance 141379 120 BOLD,PAULINE Instructor Service Outdoor Center 141380 180 CAMPOS,LORI Instructor Service Outdoor Center 141381 68 CUB FOODS EDEN PRAIRIE Operating Supplies Police r Check# Amount Vendor/Explanation Account Description Business Unit 141382 30 DEKO FACTORY SERVICE INC Equipment Repair&Maint Fleet Services 141383 34 DISH NETWORK Cable TV Ice Arena 141384 83 ENGELMANN,TRACEY Other Contracted Services Liquor Compliance 141385 102 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 141386 50 FRANZEN,JAMES Operating Supplies Reserves 141387 85 GE CAPITAL Other Rentals General 141388 451 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 141389 248 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 141390 1,039 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 141391 808 HENNEPIN COUNTY TREASURER Operating Supplies Planning 141392 53 JW PEPPER&SON INC Operating Supplies Community Band 141393 2,862 KRUEGER,MARK Operating Supplies Reserves 141394 37 LAMBERT,BOB Office Supplies Parks Administration 141395 248 LANZI,BOB Mileage&Parking Ice Arena 141396 34 McMAHON,BRETT Equipment Repair&Maint Police 141397 185,349 MEDICA CHOICE Medical Bills Prepaid Health and Benefits 141398 125 MEDINA ENTERTAINMENT CENTER Tuition Reimbursement/School Police 141399 825 METROPOLITAN COUNCIL ENVIRONME Other Contracted Services Storm Drainage 141.400 230 MINN ST ADMIN ITG TELECOM SERV Other Contracted Services Police 141401 90 MINNESOTA BD OF PEACE OFFICER Licenses&Taxes Police 141402 18 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 141403 158 MOTOROLA Pager&Cell Phone Police 141404 314 MURPHY,ANDREW Other Revenue General Fund 141405 65 NTC Other Contracted Services Concessions 141406 344 PITNEY BOWES INC Other Rentals General 141407 20 POGATCHNIK,MARCI Clothing&Uniforms Police 141408 21 PRAIRIE VIEW ELEMENTARY Operating Supplies Girls on the Run 141409 100 PRECISION SMALL ENGINE REPAIR Equipment Repair&Maint Fleet Services 141410 15 QUICKSILVER EXPRESS COURIER Postage Finance 141411 437 RADIOSHACK Operating Supplies Police 141412 30 SCADDEN,JENNA Clothing&Uniforms Police 141413 2,100 SOTA Tuition Reimbursement/School Police 141414 5,113 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 141415 16 STATE OF MINNESOTA Operating Supplies Fleet Services 141416 790 TOWER 2000 Equipment Repair&Maint Wireless Communication 141417 2,354 TRANS ALARM INC Operating Supplies Police 141418 95 VAN METER&ASSOCIATES Tuition Reimbursement/School Police 141419 494 VANDENBERGHE,MARK Tuition Reimbursement/School Police 141.420 15,632 WAL MART REAL ESTATE BUSINESS Right of Way&Easement Improvement Projects 1996 141421 125 WEIGEL,CHRISTY Clothing&Uniforms Police 141422 454 XCEL ENERGY Electric Sewer Liftstation 141423 176 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 141424 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 141425 104 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 141.426 5,060 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 141427 168 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 141428 12,014 DAY DISTRIBUTING Beer Prairie View Liquor Store 141429 3,439 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 141430 14,392 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 141431 78 FRED Mise Taxable Den Road Liquor Store 141432 1,129 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 141433 8,836 GRIGGS COOPER&CO Liquor Den Road Liquor Store 141434 71.3 HOHENSTEINS INC Beer Prairie View Liquor Store 141436 25,307 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 141437 20,903 MARK VII Beer Prairie Village Liquor Store 141438 212 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 141439 1,136 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 141.440 18,150 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 141441 1,418 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 141442 2,557 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 141443 17,196 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 141444 109 SPECIALTY WINES AND BEVERAGES Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 141445 22,869 THORPE DISTRIBUTING Beer Den Road Liquor Store 141446 504 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 141447 958 WINE COMPANY,THE Wine Imported Den Road Liquor Store 141448 1,290 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 141449 442 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 141450 1,414 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 141451 405 BCA-BTS Tuition Reimbursement/School Police 141452 149 BUCA Operating Supplies Fire 141453 250 CALIFORNIA CAFE MOA Special Event Fees Red Hat 141454 201 COMMISSIONER OF TRANSPORTATION Testing-Soil Boring Construction Fund 141455 100 COOK,LISA H Refunds Environmental Education 141456 83 CUB FOODS EDEN PRAIRIE Operating Supplies Fitness Classes 141.457 39 CULLIGAN BOTTLED WATER Operating Supplies Fire 141458 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 141459 67 DEGREE,BETH Operating Supplies Girls on the Run 141460 66 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 141461 100 DONAHUE,WILLIAM Refunds Environmental Education 141462 100 DRAVES,RICHARD Refunds Environmental Education 141463 396 ERIK'S BIKE SHOP Equipment Repair&Maint Police 141464 121 FEDEX Postage Fire 141465 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 141466 20 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 141467 49,458 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 141468 35 HOMELAND PROTECTION PROFESSION Dues&Subscriptions Police 141469 32 HOVLAND,DONNA Program Fee Trips 141470 2,097 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 141471 60 IRMITER,JESSE Travel Expense Police 141472 1,008 KD KANOPY Capital Under$2,000 Special Events Administration 141473 54 KEATING,MARY Conference Expense Planning 141474 36 KISNER,MAVIS AR Utility Water Enterprise Fund 141475 378 MASSMAN GEOTHERMAL&MECHANICA Mechanical Permits General Fund 141476 54 MEMA Dues&Subscriptions Fire 141477 50 MEREDITH,EILEEN Refunds Environmental Education 141478 190 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Traffic Signs 141479 630 NEW FOGEY FOLLIES Operating Supplies Girls on the Run 141480 135 NFPA Dues&Subscriptions Fire 141481 57 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 141482 100 O'BERT,BRENT Refunds Environmental Education 141483 32 OBERG,MURIEL Program Fee Spring Skill Development 141484 44 PETSMART Canine Supplies Police 141485 78 PEW,ELIZABETH Program Fee Camps 141486 5 PRECISION CLEANING Cash Over/Short General Fund 141487 234 QWEST Telephone Water Utility-General 141488 17 RICCAR Cash Over/Short General Fund 141489 4,139 RICHFIELD,CITY OF Autos Sewer System Maintenance 141490 338 ROZANSKI,DAN Equipment Repair&Maint Wireless Communication 141491 6 SAJULGA,SR,RAY Lessons&Classes Pool Lessons 141492 511 SCHMIDT,MICHAEL Tuition Reimbursement/School In Service Training t41493 752 SECURITY AUTO Miscellaneous DWI Forfeiture 141494 250 SOUNDS GREAT Other Contracted Services Summer Safety Camp 141495 47 SPRINGER,KIP Training Supplies Fire 141496 250 SUPER SPEAKERS TOASTMASTERS CL Tuition Reimbursement/School Police 141497 22,637 SUPERIOR FORD Autos Police 141498 50 SVENDSEN,ANDREA Refunds Environmental Education 141499 62,024 THANE HAWKINS POLAR CHEVROLET Autos Sewer System Maintenance 141500 1,745 THOMPSON,RANDY Tuition Reimbursement/School In Service Training 141501 229 TIME WARNER CABLE Operating Supplies Fire 141502 44 UPS Postage Fire 141503 200 WILDER,LOIS Other Contracted Services Classes/Programs/Events 141504 32 WOODY,DEBRA Program Fee Spring Skill Development 141505 1,170 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 141506 5,669 XCEL ENERGY Electric Traffic Signals Check# Amount Vendor/Explanation Account Description Business Unit 141507 240 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 141508 99 CAMPOS,LORI Instructor Service Outdoor Center 141509 894 CIT Conference Expense Information Technology 141510 135 DAMNEN,KEVIN AR Utility Water Enterprise Fund 141511 50 FASEN,ART Operating Supplies Outdoor Center 141512 213 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 141513 480 GOVERNMENT FINANCE OFFICERS AS Awards Finance 141514 124 MAXI-PRINT INC Printing Police 141515 1,292 METRO SALES INCORPORATED* Other Hardware Capital Impr./Maint.Fund 141516 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 141517 310 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 141518 100 OTTERNESS,RON Instructor Service Outdoor Center 141519 333 PETTY CASH-POLICE DEPT Operating Supplies Police 1.41520 700 REBS MARKETING Other Contracted Services Water Accounting 141521 1,513 RICHFIELD,CITY OF Autos Police 141522 13 SANKAR,UMAN Lessons&Classes Pool Lessons 141523 4,548 SMITH,KURT Other Contracted Services Rehab 141524 461 TELEPHONE DOCTOR Training Supplies In Service Training 141525 34 VIDEOMAKER Dues&Subscriptions Police 141526 1,036 WEBER,GREG Tuition Reimbursement/School In Service Training 141527 27 WOLF CAMERA Video&Photo Supplies Water Utility-General 141528 1,697 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 141529 259 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 141530 103 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 141531 45 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 141532 6,003 BELLBOY CORPORATION Transportation Den Road Liquor Store 141533 113 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 141534 9,079 DAY DISTRIBUTING Beer Den Road Liquor Store 141535 1,430 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 141536 11,170 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 141537 2,491 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 141538 10,134 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 141540 21,442 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 141541 12,987 MARK VII Beer Prairie Village Liquor Store 141542 910 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 141543 1,610 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 141544 1,431 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 141545 114 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 141546 6,887 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 141.547 2,41.0 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 141548 18,261 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 141549 118 SPANISH WINES IMPORTERS Wine Imported Den Road Liquor Store 141550 236 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 141551 19,337 THORPE DISTRIBUTING Beer Prairie View Liquor Store 141552 29 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 141553 163 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 141554 1,929 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 141555 1,300 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 141556 363 WINE SOURCE INTERNATIONAL Wine Domestic Prairie Village Liquor Store 141557 206 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 141558 125 3CMA Conference Expense Communication Services 141.559 2,152 A P LAWN INC Contract Svcs-Lawn Maint. City Hall-CAM 141560 157 A TO Z RENTAL CENTER Other Rentals Park Maintenance 141561 280 AAA LAMBERTS LANDSCAPE PRODUCT Improvement Contracts CIP Trails 141562 2,758 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#3 141563 603 ACTIVAR Repair&Maint.Supplies Water Treatment Plant 141564 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 141565 362 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 141566 580 AMERICAN EXCELSIOR COMPANY Improvements to Land Park Acquisition&Development 141567 1,061 AMERICAN RED CROSS Recreation Supplies Pool Lessons 141568 561 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 141569 1,846 AMSAN BRISSMAN-KENNEDY Operating Supplies Community Center Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 141,570 900 ANCHOR PRINTING COMPANY Printing Community Center Admin 141571 396 ANDERBERG,CRAIG W. Other Contracted Services Softball 141572 50 ANOKA-RAMSEY FARM&GARDEN Training Supplies Fire 141573 1,057 AQUA ENGINEERING INC Landscape Materials/Supp Street Maintenance 141574 1,430 ASPEN CARPET CLEANING Other Contracted Services Water Treatment Plant 141575 279 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment Plant 141576 323 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 141577 1,183 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 141578 2,131 BENIEK PROPERTY SERVICES INC. Other Contracted Services Park Maintenance 141579 40 BERRY COFFEE COMPANY Operating Supplies Fire 141580 62 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 141581 1,125 BEST&FLANAGAN LLP Other Contracted Services Rehab 141582 120 BIFFS INC Training Supplies Fire 141583 1,316 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Ice Arena Maintenance 141584 1,034 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 141585 3,134 BUCK,NATHAN Other Contracted Services Volleyball 141586 3,969 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 141587 132 CLAREYS INC Office Supplies General 141588 147 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 141589 186 CONNEY SAFETY PRODUCTS Operating Supplies Water Treatment Plant 141590 194 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 141591 205 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 141592 242 CONTINENTAL SAFETY EQUIPMENT Equipment Testing/Cert. Sewer System Maintenance 141593 3,000 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 141594 139 COPY EQUIPMENT INC Operating Supplies Park Maintenance 141595 759 CORPORATE EXPRESS Office Supplies General 141596 86 CROWN MARKING INC Office Supplies Police 141597 781 CUSTOM REFRIGERATION INC Contract Svcs-Garden Romm Garden Room Repairs 141598 12,820 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 141599 146 CY'S UNIFORMS Clothing&Uniforms Fire 141600 288 DALCO Operating Supplies Community Center Maintenance 141601 128 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 141602 176 DAY,DAVID Other Contracted Services Softball 141603 1,042 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 141604 40 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 141605 15,288 DIVERSE BUILDING MAINTENANCE Other Contracted Services Water Treatment Plant 141606 344 DNR SCREEN PRINTING INC Awards Basketball 141607 600 DODGE,ANDY Other Contracted Services Adult Open Gym 141608 1,323 DOHERTY,SANDRA L Other Contracted Services Volleyball 141609 1,866 EARL F ANDERSEN INC Signs Traffic Signs 141611 1,825 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 141612 305 EDEN PRAIRIE CHAMBER OF COMMER Advertising Prairie View Liquor Store 141613 501 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 141614 231 EF JOHNSON Equipment Parts Wireless Communication 141615 929 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Water System Maintenance 141616 8,502 ESS BROTHERS&SONS Repair&Maint.Supplies Sewer System Maintenance 141.617 601 ETHANOL PRODUCTS LLC Chemicals Water Treatment Plant 141618 237 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 141619 380 FALCK,TIMOTHY R Other Contracted Services Softball 141620 2,760 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 141621 389 FERRELLGAS Gas Outdoor Center 141622 29 FERRELLGAS Motor Fuels Fleet Services 141623 112 FINLEY BROS INC Operating Supplies Park Maintenance 141624 429 FIRENET SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 141625 184 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1.41626 215 G&K SERVICES Clothing&Uniforms Fleet Services 141627 970 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 141628 538 GALLS INC Equipment Parts Fleet Services 141629 256 GAMETIME Repair&Maint.Supplies Prairie East Park 141630 11,035 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 141631 2,074 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 141632 6,832 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA Check# Amount Vendor/Explanation Account Description Business Unit 141633 99 GINA MARIAS INC Operating Supplies Fire 141634 1,941 GRAINGER Repair&Maint.Supplies Water Treatment Plant 141635 1,544 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 141636 154 HALLOCK CO INC Repair&Maint.Supplies Water Treatment Plant 141637 3,916 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 141638 2,749 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 141639 88 HENRY,PAUL Other Contracted Services Softball 141640 2,224 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 141641 168 HOLMES,TOM Other Contracted Services Volleyball 141642 10,416 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant 141643 200 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 141644 7,982 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 141645 3,260 INFRATECH Machinery&Equipment Water Treatment Plant 141646 507 INSIGHT PUBLIC SECTOR Other Hardware Capital Impr./Maint.Fund 141647 148 ITALIAN CAFE,THE Miscellaneous City Council 141648 4,004 ITL PATCH COMPANY INC Clothing&Uniforms Police 141649 734 ITS A KEEPER Other Contracted Services City Manager 141650 304 J&H BERGE INC Operating Supplies Water Treatment Plant 141651 1,116 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 141652 279 JAMAR TECHNOLOGIES INC Operating Supplies Engineering 141653 316 JANEX INC Operating Supplies Community Center Maintenance 141654 692 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Pleasant Hill Cemetary 141655 740 JOSEPH WELCH INTERIORS Other Contracted Services Rehab 141656 24,200 KAMIDA INC Improvement Contracts CIP Trails 141657 1,053 KELLER FENCE COMPANY INC Building Repair&Maint. Water Well#8 141658 26,743 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund 141659 810 KITCHEN TUNE-UP Other Contracted Services Rehab 141660 308 KNUTSON,BRAD Other Contracted Services Softball 141661 165 LAB SAFETY SUPPLY INC Protective Clothing Stone Drainage 141662 441 LAKE COUNTRY DOOR Contract Svcs-General Bldg Fire Station#1 141663 3,807 LAMETTRYS COLLISION Equipment Parts Fleet Services 141664 38,468 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 141665 1,480 LANO EQUIPMENT INC Other Rentals Park Maintenance 141666 242 LANZI,BOB Other Contracted Services Softball 141667 2,050 LASALLE CONSULTING Other Contracted Services Park Acquisition&Development 141668 388 LASER LABS INC Capital Under$2,000 Police 141669 1,010 LESCO INC Chemicals Park Maintenance 141670 120 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 141671 1,349 LIONS TAP Operating Supplies Fire 141672 8,933 LIQUID ENGINEERING CORPORATION Other Contracted Services Water Storage-Baker Rd. 141673 250 M R SIGN Signs Traffic Signs 141674 228 MAHIN WALZ INC Contract Svcs-Gen.Bldg City Center Operations 141675 198 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 141676 40 MARS CO Small Tools Fleet Services 1.41677 775 MARSHALL&SWIFT Dues&Subscriptions Assessing 141678 3,500 MARTIN-MCALLISTER Employment Support Test Human Resources 141679 354 MASTER SPRINKLER SYSTEMS Other Contracted Services Round Lake 141680 462 MCGREGOR,RANDY Other Contracted Services Softball 141681 1,608 MENARDS Small Tools Park Maintenance 141682 209 METRO ATHLETIC SUPPLY Repair&Maint.Supplies Park Maintenance 141683 488 METRO EROSION INC Other Contracted Services Stone Drainage Projects 141684 641 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 141685 594 MICHELAU,JOHN Other Contracted Services Softball 141686 6,041 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 141687 2,041 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant 141688 1,331 MIDWEST PLAYSCAPES Landscape Materials/Supp Prairie East Park 141689 775 MIDWEST TELETRON INC. Operating Supplies Police 141690 2,839 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 141691 200 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Water Well#7 141692 381 MINNESOTA GLOVE INC Safety Supplies Fleet Services 141693 2,135 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water Treatment Plant 141694 397 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 141695 115 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 141696 16,000 MMKR Audit&Financial Finance 141697 23 MPCA Licenses&Taxes Sewer Utility-General 141698 45 MRPA Conference Expense Recreation Administration 141699 1,498 MTI DISTRIBUTING INC Equipment Parts Fleet Services 141700 198 MURRAY,JOHN Other Contracted Services Softball 141701 2,140 NATIONAL WATERWORKS Chemicals Water Treatment Plant 141702 787 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 141703 440 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 141704 700 NORTHERN TOOL Repair&Maint.Supplies Storm Drainage 141705 9,539 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 141706 940 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 141707 3,165 NOVOPRINT USA INC Printing Communication Services 141708 74 NUCO2 INC Chemicals Pool Maintenance 141709 28 OLSEN COMPANIES Equipment Parts Fleet Services 141710 56 ORIENTAL TRADING CO INC Recreation Supplies Pool Lessons 141711 225 OSI BATTERIES INC Operating Supplies Traffic Signs 141712 601 PC MALL Computers Capital Impr./Maint.Fund 141713 183 PIONEER DRAMA SERVICE Operating Supplies Arts Initiative 141714 1,003 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance 141715 2,631 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 141716 746 PRAIRIE EQUIPMENT COMPANY Small Tools Sewer System Maintenance 141717 146 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 141718 82 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 141719 950 RAY,LEE Other Contracted Services Softball 141720 291 REAL GEM Awards City Council 141721 222 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 141722 226 RETROFIT RECYCLING INC Waste Disposal General Facilities 141723 14,311 RMR SYSTEMS INC Merchandise for Resale Water Meter Reading 1.41724 1,335 RUMPCA CO INC Waste Disposal Tree Disease 141725 123 S H BARTLETT CO INC Supplies-Plumbing Community Center Maintenance 141,726 168 SANTJER,JESSICA Other Contracted Services Volleyball 141727 6,623 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 141728 60 SHRED-IT Waste Disposal City Center Operations 141729 5,288 SIGNAL SYSTEMS INC, Miscellaneous Information Technology 141730 731 SNAP-ON TOOLS Small Tools Fleet Services 141731 12,671 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 141732 109 SOUTHWEST LOCK&KEY Other Contracted Services Street Maintenance 141733 300 SOUTHWEST METRO TRANSIT Special Event Fees Red Hat 141734 1,140 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 141735 540 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 141736 28,668 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 141737 158 ST.LOUIS PARK,CITY OF Conference Expense Sewer Utility-General 141738 305 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 141739 438 STEVE LUCAS PHOTOGRAPHY Operating Supplies Reserves 141740 573 STRAND MANUFACTURING CO INC Building Repair&Maint. Water Treatment Plant 141741 5,783 STREICHERS Capital Under$2,000 Capital Impr./Maint.Fund 141742 300 SUBURBAN CHEVROLET Equipment Parts Fleet Services 141743 4,312 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 141744 268 SUN NEWSPAPERS Legal Notices Publishing City Clerk 141745 1,422 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Well#5 141746 569 TESSCO Equipment Parts Wireless Communication 141747 884 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 141748 5,267 TKDA Design&Engineering Utility Improvement Fund 141749 230 TRANS ALARM INC Contract Svcs-Security City Hall-CAM 141750 43 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 141751 56 TWIN CITY SEED CO Landscape Materials/Supp Senior Center 141752 448 UNIFORMS UNLIMITED Clothing&Uniforms Police 141753 114 UNITED RENTALS Equipment Repair&Maint Park Maintenance 141754 109 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 141755 1,558 VESSCO INC Equipment Parts Water Treatment Plant 141756 431 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services Check# Amount Vendor/Explanation Account Description Business Unit 141757 765 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 141758 180 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 141759 811 WARWICK INDUSTRIAL INC Equipment Repair&Maint Water Well#10 141760 104 WAYTEK INC Operating Supplies Park Maintenance 141761 469 WILKUS ARCHITECTS INC Other Contracted Services Capital Impr./Maint.Fund 141762 598 WORKING FIRE VIDEO TRAINING Dues&Subscriptions Fire 141763 45 WORM,SANDY Repair&Maint.Supplies Water Storage-Baker Rd. 141764 158 X-ERGON Repair&Maint.Supplies Water Treatment Plant 141765 11,737 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 141766 525 ZAHN,GERALD Other Contracted Services Volleyball 141767 752 ZEE MEDICAL SERVICE Equipment Parts Fleet Services 141768 1,324 ZIEGLER INC Equipment Parts Fleet Services 1,983,286 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager June 7, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: III. B. 1. Scott Neal, City Manager Third Restated Southwest Metro Transit Joint Powers Agreement Requested Action Move to: Approve the Third Restated Southwest Metro Transit Commission Joint Powers Agreement between the Cities of Eden Prairie, Chanhassen, and Chaska. Synopsis Southwest Metro Transit is a Joint Powers Agreement organization among the cities of Chanhassen, Chaska, and Eden Prairie. The three cities each have two representatives on the Board of Directors. The Board and its Executive Director are charged with the operation of a bus-based mass transit operation serving the needs of the southwest metro area. The Board recently approved proposed modifications to the Joint Powers Agreement(JPA). The Joint Powers Agreement can be modified only by affirmative actions of the three City Councils. Chaska has adopted the resolution approving the proposed JPA changes. Chanhassen has not taken action on the proposed changes. I have invited the Executive Director of Southwest Metro Transit, Ms. Len Simich, to make a brief presentation to the City Council concerning the proposed changes to the JPA. After the presentation,the Council may approve the changes by approving the new agreement. Attachments Third Restated Joint Powers Agreement Redlined Third Restated Joint Powers Agreement THIRD RESTATED JOINT POWERS AGREEMENT THIS THIRD RESTATED JOINT POWERS AGREEMENT, is made and entered into this day of , 2005, by and between the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes § 174.265, Minnesota Statutes § 473.384, 473.388, and/or Minnesota Statutes § 471.59. WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes § 174.265; and WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing publish transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; and WHEREAS, each of the parties hereto has entered into a Joint Powers Agreement and seven amendments thereto; and WHEREAS, each of the parties hereto desires to enter into this Third Restated Joint Powers Agreement and has, through the actions of its respective governing bodies, been duly authorized to enter into this Third Restated Joint Powers Agreement for the purposed hereinafter stated; and WHEREAS, said local transit tax levy will replace a similar transit tax which would otherwise be made by the Metropolitan Council. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska, and Chanhassen,through their respective City Councils, that: 1. NAME. The Parties hereto hereby create and establish the SOUTHWEST METRO TRANSIT COMMISSION. 2. PURPOSE. The purpose of this Agreement and the SOUTHWEST METRO TRANSIT COMMISSION is to (i) provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska and (ii) contract to provide transit and transit planning services to other entities, as approved by the Commission, pursuant to Minnesota Statutes § 473.384 and/or Minnesota Statutes § 473.388 and § 471.59. 3. DEFINITIONS. 1 a) "Commission"means the organization created by this Agreement, the full name of which is the "SOUTHWEST METRO TRANSIT COMMISSION." b) "Board"means the Board of Commissioners of the SOUTHWEST METRO TRANSIT COMMISSION. c) "Council"means the governing body of a parry to this Agreement. d) "Advisory committee" is a committee consisting of the City Manager or chief Administrator of each party, or his or her designee,which shall act as an advisory body to the Board. e) "Party"means any municipality which has entered into this Agreement. f) "Metropolitan Council' is the regional entity established by Minnesota Statutes § 473.123. 4. PARTIES. The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above to be represented on the Commission so long as such party continues to exist as a separate political subdivision. 5. BOARD OF COMMISSIONERS. a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2, and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in one of the Cities which is a Party to this Agreement. b) There shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of the each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. At all times two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988. 2 As of January 1, 2000 the Class 4 commissioner shall be appointed by the Board of Commissioners. Thereafter the term of the Class 4 commissioner shall expire on December 31, 2003, and every three years thereafter.No Class 4 commissioner shall serve more than two consecutive terms. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if (a) the commissioner ceases to be a member of the Council of the appointing party, and (b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council member of the appointing party shall be appointed by the appointing parry to serve the remainder of the term created by the vacancy. c) A commissioner may be removed by the party appointing him/her with or without cause. d) The commissioners may receive such compensation as is authorized and established by the Board at its first meeting of each year. e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations. g) At the organizational meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The duties of the officers shall be designated in the rules and regulations established by the Board. 6. POWERS AND DUTIES OF THE COMMISSION. a) General. The Commission has the powers and duties to establish a program 3 pursuant to Minnesota Statutes § 473.384 and/or Minnesota Statutes § 473.388 in order to (i) provide public transit service; and (ii) to contract to provide transit and transit planning services to entities as approved by the Commission. The commission shall have all powers necessary to discharge its duties. b The Commission may acquire, own hold use improve, operate, maintain lease Y ac q � P � P > exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private, to carry out the purposes of the Commission. The Commission may, if deemed necessary, contract for and purchase such services, equipment, and functions as the Board deems necessary for the protection of the Commission and the parties and to implement the provisions of the plan and program. The Commission has authority to issue obligations in accordance with Chapter 475. d) The Commission may establish bank accounts, both savings and checking, as the Board shall from time to time determine. e) The Commission may enter into employment contracts with other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. The Commission may employ an Executive Director, whose duties shall be to have general management authority over administration of all of the business and affairs of the Commission, including, but not limited to: administration of the transit system or systems provided by the Commission; contracts for transportation service; marketing and promotion of such services, as well as recommendations for changes or additions to the transportation services provided; day to day operations of Southwest; administration of all personnel matters including hiring, discipline and termination; attendance of all Commission meetings; prepare and submit to the Commission the annual budget; and provide advice to the Commission as to the financial condition and needs of Southwest. The Executive Director shall perform such other duties and functions as may be required from time to time by the Board. The Executive Director shall sign and execute such contracts, agreements, and other documents and instruments made by or on behalf of and approved by the Commission. f) The Executive Director shall be an employee of the Commission. Compensation of the Executive Director shall be established by the Board. g) The Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services. The contract may provide for compensation, incentive fees, the employment of personnel, and other terms and conditions that the Commission deems proper. h) The Commission may sue or be sued. 4 i) The Commission may accept any gifts, grants, or loans of money or other property from the United States, the state, or any person or entity; may enter into any agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. j) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Metropolitan Council or other governmental units. k) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Metropolitan Council or other governmental units. 1) The Commission shall maintain books, reports, and records of its business and affairs which shall be available for an open to inspection by the parties at all reasonable times. m) The Commission may contract to purchase services from any one of the parties. n) The Commission may purchase passenger shelters without prior approval of any of the Councils of the parties to this Agreement. The Commission may, without prior approval of any of the Councils of the parties to this Agreement, execute an agreement to purchase real estate for use as Park and Ride lots, provided that the agreement to purchase such real estate is subject to the approval of the Council of the City in which such real estate is located. 7. OPERATING COSTS, BUDGET,AND FINANCIAL LIABILITY. a) Operating Costs. Operating costs shall include all non-capital costs for the maintenance and operation of the transit system, including, but not limited to, gasoline, oil, lubricants, parts, repairs, labor, and service for any vehicles employed in such operation; insurance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system; indirect costs incurred in the employment of persons for the performance of such services, such as taxes, unemployment compensation, workers' compensation, insurance 5 benefits paid to or accrued for such employees, and any other costs attributable to such employment; and any expenses incurred in connection with contracts for management services. b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. The Executive Director shall annually prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues. Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes § 473.384, Minnesota Statutes § 473.388, and Minnesota Statutes § 473.39 and estimated revenues to be received from the operation of the transit system. The Board shall review and approve or disapprove the budget. One-twelfth (1/12) of the estimated annual budget shall constitute the estimated monthly budget. The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue. In the event of an adjustment of the budget,there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the total amount of assistance which each party receives pursuant to Minnesota Statutes § 473.384 and Minnesota Statutes § 473.388, including any local transit tax levied pursuant to Minnesota Statutes § 437.388, Subdivision 7. Upon receipt any such assistance, including all revenues derived from any local transit tax, shall be promptly remitted to the Commission. In addition, each party shall be responsible for annual debts and obligation of the Commission which exceed annual revenues in accordance with the following formula. i.) Liability Formula. The following variables shall be used in calculating each parry's liability (market value and households are estimates): Vc = Current total market value for the individual city as party to Agreement; Vt = Current total market value for all cities/all parties to Agreement; Hc = Current total number of households for individual city as party to Agreement; Ht = Current total number of households for all cities/parties to Agreement; and 6 LC = Percentage liability of individual city as parry to Agreement. LC = .5(V.Nt)+ .5(H�/Ht) Illustration. Application of the formula is illustrated by the following example, which uses valuations for taxes payable in 2005. The data is fictitious. Chanhassen V, =$2,668,913,100 Vt = $7,969,572,600 Hc =8,585 Ht =66,085 L,= .5(2668913100/7969572600)+ .5(8585/66085) = .5(.335) + .5(.129) =0.1.68+0.065 =0.233 23.3% Chaska V,_ $1,780,659,500 Vt =$7,969,572,600 H,= 7,500 Ht = 66,085 L,_ .5 1780659500/7969572600 + .5 7500/66085 = .5(.223) + .5(.113) =0.112+0.057 =0.169 16.9% Eden Prairie V,,= $3,500,000,000 Vt =$7,969,572,600 H,= 50,000 Ht =66,085 Lc = .5(3500000000/7969572600)+ .5(50000/66085) = .5(.439) + .5(.757) =0.220+0.379 7 =0.599 —59.9% Total percentage= 100.1%, due to rounding. At the end of each fiscal year, each party shall be credited for any excess payments made by it during the year, or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a bill from the Commission, each party shall remit payment of the same within 30 days. To the extent that each party is financially liable pursuant to the above formula, each party hereby agrees to indemnify any other party which for any reason assumes payment of its debts in connection with the operation of the Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7 (c) above, each parry's liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law or to do any other thing in violation of Minnesota Statutes § 275.27 or any other law which shall cause this Agreement to be null and void. Nothing contained in this Agreement shall preclude any party from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such part's obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to, and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8. INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability (other than that applicable to public transit vehicles), general public liability, and public officials liability insurance in such amounts and on such terms as the Commission shall determine, and workers' compensation insurance. The Commission shall also provide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in 8 such amounts and on such terms as the Commission shall determine. The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities. The Commission may provide for the insuring of its officers or employees against any other liability, risk, or hazard. 9. DURATION OF AGREEMENT. This Agreement shall continue in force from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any parry shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that part's participation in the Agreement. 10. DISTRIBUTION OF ASSETS. In the event of withdrawal of any party from this Agreement, all of the capital assets, real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses and cash which remain after payment of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the formula set for in paragraph 7(c) supra. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Commission pursuant to paragraph 7(c) and shall be subject to the parry's continuing liability pursuant to paragraph 9. 11. ARBITRATION. If the parties are unable to agree upon any matter to be decided by the Commission, any party may submit such unresolved dispute for arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally(other than each parties' own expenses incurred in presenting its position during the arbitration proceedings). In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12. COOPERATION EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facilitate and accomplish the foregoing provisions of this Agreement. 13. EFFECTIVE DATE. 9 This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. INWITNESS WHEREOF, the undersigned Governmental Unites, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. 10 THIRD RESTATED JOINT POWERS AGREEMENT CITY OF CHASKA By Its By Its Approved by the City Council of Chaska this day of 2005. 11. THIRD RESTATED JOINT POWERS AGREEMENT CITY OF CHANHASSEN By Its By Its Approved by the City Council of Chanhassen this day of 2005. 12 THIRD RESTATED JOINT POWERS AGREEMENT CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager Approved by the City Council of Eden Prairie this 7th day of June, 2005. 13 ,THIRD RESTATED JOINT POWERS AGREEMENT Deleted:SECOND - Deleted:AS AMENDED BY THE THIS ;THIRD RESTATED JOINT POWERS AGREEMENT;, is made and entered into FIRST AMENDMENT¶ this day of 2005, by and between the Cities of Eden Prairie, c' Deleted:SECOND Chanhassen,and Chaska, all being municipal corporations organized under the laws of the State Deleted: AS AMENDED BY THE of Minnesota,pursuant to authority conferred upon the parties by Minnesota Statutes § 174.265, FIRST AMENDMENT Minnesota Statutes §473.384,473.388,and/or Minnesota Statutes§471.59. WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes§ 174.265; WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing publish transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; WHEREAS, each of the parties hereto has entered into a Joint Powers Agreement and seven amendments thereto; WHEREAS, each of the parties hereto desires to enter into this Thrd__Restated Joint— Deleted:second ._ Powers Agreement and has, through the actions of its respective governing bodies, been duly -- Deleted: as Amended by the First authorized to enter into this Third Restated Joint Powers Agreement for the purposed hereinafter Amendment stated;and Deleted:second Deleted: as Amended by the First WHEREAS, said local transit tax levy will replace a similar transit tax which would Amendment otherwise be made by the Metropolitan Council. NOW THEREFORE BE IT RESOLVED in 1 consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska,and Chanhassen,through their respective City Councils,that: 1. NAME. The Parties hereto hereby create and establish the SOUTHWEST METRO TRANSIT COMMISSION. 2. PURPOSE. The purpose of this Agreement and the SOUTHWEST METRO TRANSIT COMMISSION is to (i) provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska and (ii) contract to provide transit and transit planning services to other entities, as approved by the Commission, pursuant to Minnesota Statutes §473.384 and/or Minnesota Statutes§473.388 and§471.59. 1 3. DEFINITIONS. a) "Commission'means the organization created by this Agreement,the full name of which is the"SOUTHWEST METRO TRANSIT COMMISSION." b) "Board"means the Board of Commissioners of the SOUTHWEST METRO TRANSIT COMMISSION. c) "Council"means the governing body of a party to this Agreement. d) "Advisory committee"is a committee consisting of the City Manager or chief Administrator of each party,or his or her designee,which shall act as an advisory body to the Board. e) "Party"means any municipality which has entered into this Agreement. f) "Metropolitan Council'is the regional entity established by Minnesota Statutes§ 473.123. 4. PARTIES. The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above to be represented on the Commission so long as such party continues to exist as a separate political subdivision. r5. BOARD OF COMMISSIONERS. Deleted: Page Break a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners")and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2, and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in one of the Cities which is a Party to this Agreement. b The re shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of the each commissioner in Class 2 shall expire on December 31, 1988,and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. At all times two commissioners shall be assigned to Class 1, two commissioners 2 shall be assigned to Class 2,and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988. As of January 1, 2000 the Class 4 commissioner shall be appointed by the Board of Commissioners. Thereafter the term of the Class 4 commissioner shall expire on December 31,2003,and every three years thereafter.No Class 4 commissioner shall serve more than two consecutive terms. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner,even if the term for which the commissioner was appointed has not expired, if(a) the commissioner ceases to be a member of the Council of the appointing party, and(b)no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. c) A commissioner may be removed by the party appointing him/her with or without cause. d) The commissioners may receive such compensation as is authorized and established by the Board at its first meeting of each year. e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations. g) At the organizational meeting of the Board,and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The duties of the officers shall be designated in the rules and regulations established by the Board. 6. POWERS AND DUTIES OF THE COMMISSION. a) General. The Commission has the powers and duties to establish a program 3 pursuant to Minnesota Statutes § 473.384 and/or Minnesota Statutes §473.388 in order to (i) provide public transit service; and (ii) to contract to provide transit and transit planning services to entities as approved by the Commission. The commission shall have all powers necessary to discharge its duties. b) The Commission may acquire, own,hold, use, improve, operate,maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment,property,or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private,to carry out the purposes of the Commission. The Commission may, if deemed necessary, contract for and purchase such services, equipment, and functions as the Board deems necessary for the protection of the Commission and the parties and to implement the provisions of the plan and program. The Commission has authority to issue obligations in accordance with.Chapter 475. d) The Commission may establish bank accounts, both savings and checking,as the Board shall from time to time determine. e) The Commission may enter into employment contracts with other personnel and Deleted:The Commission may employ may provide for compensation, insurance, and other terms and conditions that it be Executive Director,whose duty shall be to administer policies as established by deems necessary. The Commission may employ an Executive Director, whose the Commission. The Executive Director duties shall be to -aye *enerat mana ement authorit over administration of all of shall be established by the Board. -- �`-----•-�-- — -- ---�— ----- ---x-=-- - -- - - - --- Compensation of the Executive Director the business and affairs of the Commission including. but not. limited to: shall be established by the Board. administration of the transit systern or systems provided by the Commission, Formatted:Font:12 pt contracts for transportation service; marketing and promotion of such services,as well as recommendations for changes or additions to the transportation services provided; day to day operations of Southwest; administration of all personnel matters including hiring, discipline and termination: attendance of all Commission meetings prepare and submit to the Commission the annual budges andproyide advice_to_the_Commission as to the financial condition and needs of Southwest. The Executive Director shall perform such other duties and functions as may be required from time to time by the Board. The Executive Director shall si--n and execute such contracts agreements and other documents and instruments made by or on behalf of and approved by the Commission. f) the Executive Director shall be an employee of the Commission. Compensation of the Executive Director shall be established by the Board. giThe Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services. The contract may provide for compensation,incentive fees,the employment of personnel,and other terms and conditions that the Commission deems proper. i) The Commission may sue or be sued. Deleted:s 4 j) The Commission may accept any gifts, grants, or loans of money or other Deleted:h property from the United States,the state,or any person or entity;may enter into any agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto;and may hold,use,and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. j) The Commission shall provide any party with data and information requested by . Deleted: the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports,either financial or management, as required by the Metropolitan Council or other governmental units. �c) The Commission shall cause to be made an annual audit of the books and ..- Deleted:i accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Metropolitan Council or other governmental units. The Commission shall maintain books, reports, and records of its business and _ - Deleted:k affairs which shall be available for an open to inspection by the parties at all reasonable times. ,L) The Commission may contract to purchase services from any one of the parties. Deleted:I „n) The Commission may_purchase passenger shelters without prior approval of any Deleted:m of the Councils of the parties to this Agreement. The Commission may,without prior approval of any of the Councils of the parties to this Agreement,execute an agreement to purchase real estate for use as Park and Ride lots.provided that the Deleted: with the payment of earnest agreement to purchase such real estate is subject to the approval of the Council of money not to exceed$5,DOD 00 the City in which such real estate is located. Deleted:¶ 7. OPERATING COSTS,BUDGET,AND FINANCIAL LIABILITY. a) Operating Costs. Operating costs shall include all non-capital costs for the maintenance and operation of the transit system, including, but not limited to, gasoline, oil, lubricants, parts, repairs, labor, and service for any vehicles employed in such operation; insurance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system;indirect costs incurred in the employment of persons for the performance of such services,such as taxes, unemployment compensation, workers' compensation, insurance 5 benefits paid to or accrued for such employees,and any other costs attributable to such employment; and any expenses incurred in connection with contracts for management services. b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. The Executive Director shall annually prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues. Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes§473.384,Minnesota Statutes §473.388,and Minnesota Statutes§473.39 and estimated revenues to be received from the operation of the transit system. The Board shall review and approve or disapprove the budget. One-twelfth (1/12) of the estimated annual budget shall constitute the estimated monthly budget. The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue. In the event of an adjustment of the budget,there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the total amount of assistance which each party receives pursuant to Minnesota Statutes § 473.384 and Minnesota Statutes § 473.388, including any local transit tax levied pursuant to Minnesota Statutes § 437.388, Subdivision 7. Upon receipt any such assistance, including all revenues derived from any local transit tax, shall be promptly remitted to the Commission. In addition,each party shall be responsible for annual debts and obligation of the Commission which Deleted:each party shall be liable for exceed annual revenues in accordance percentage of the total annual debts accordance with the following formula. and obligations which exceed total annual revenue which is directly proportional to 1, I,iabili Formula. that party's primary annual financial -----------t-� ----- contribution in comparison to the total primary annual financial contribution by The following variables shall be used in calculating each party's liability, all parties to the Commission during the year in question.The Board shall submit (market value and households are estimates): a monthly bill to each party for its proportionate share of actual expenses which exceed actual revenues. At the end Vc _ Current total market value for the individual city as party to of each fiscal year,each party shall be Agreement: credited for any excess payments made by it during the year,or billed for its proportionate share of actual expenses VL_Z__Current total market value for all cities/all parties to.Agreement: which exceed actual revenues for which it had not previously been billed. Upon receiving a bill from the Commission, F1 = Current total number of households for individual city as party to each party shall remit payment of the same within 30 days. To the extent that A,reement: each party is financially liable pursuant to the above formula,each party hereby agrees to indemnify any other party Ht = Current total number of households for all cities/parties to which for any reason assumes payment of Agreement:and its debts in connection with the operation of the Commission. 6 L - Percetaliabilit of individual citN,,aSDarty to Areement,_ ........._ g L = .5(V.:_VVt.)+.5( Illustration. - Formatted:Bullets and Numbering Application of the formula is illustrated by the following example, which uses valuations for taxes payable in 2005. The data is fictitious. Chanhassen V. =$2,668,913,100 Vt =$7,969,572,600 Hz_--8i585 Ht =66,085 L_,= 5(266891310017969572600)+.5(8585/66085) .5035)+.5029) =0.168 + 0.065 =0.233 ---23.3% Chaska ti =$1,780,659,500 Vt =_$7,969,572,600 H,-= 7,500 H 66,085 L-,._�1780659500/7969572600)+.5(7500/660851. =.5(.223) f .5(.1 1.3) =0.112+0.057 =0.169 --16.9% Eden Prairie `';=$3,500,000,000 Vim_j7y969,57,600. H,=50,000 HL =66,085 L =.5(3500000000l7969572600)+.5(50000I66085) .5(.439)+.5(.757) 7 =0.220+0.379 =0.599 -69.9% Total percentage= 100.1%.due to rounding. At the end of each fiscal year, each party shall be credited for any excess payments made by it during the vear,or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a bill from the Commission, each party shall remit payment of the same within 30 days. To the extent that each party is financially liable pursuant to the above formula, each party agrees to indemnify any other_p_arty_y.hick for an reason assumes_payment of its debts_in connection with the operation ofthe Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7 (c) above, each party's liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law or to do any other thing in violation of Minnesota Statutes § 275.27 or any other law which shall cause this Agreement to be null and void. Nothing contained in this Agreement shall preclude any party from providing in any budget for,or making any expenditure,or selling or issuing any bonds,or creating any indebtedness,the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such parry's obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to,and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8. INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability(other than that applicable to public transit vehicles), general public liability, and public officials liability insurance in such amounts and on such terms as the Commission shall determine, and workers' compensation insurance. The Commission shall also provide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in 8 such amounts and on such terms as the Commission shall determine. The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities. The Commission may provide for the insuring of its officers or employees against any other liability,risk,or hazard. 9. DURATION OF AGREEMENT. This Agreement shall continue in force from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted,of any party arising out of that party's participation in the Agreement. 10. DISTRIBUTION OF ASSETS. In the event of withdrawal of any party from this Agreement,all of the capital assets,real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses and cash which remain after payment of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the formula set for in para raph_7(c) supra, The amount of the distribution to any party pursuant to this _ _- Deleted:following formula subject tA - ------- ntractual he Agreement shall be reduced by any amounts owed by the party to the Commission pursuant to commission. achmu i ipa Commission. Each municipality shall paragraph 7(c)and shall be subject to the party's continuing liability pursuant to paragraph 9. receive that percentage otremaining assets determined by dividing the total • --- -- ...... ----- - .. -._.-.- --.-. -.- ---.- -.._ amount which that municipality 11. ARBITRATION. contributed to the Commission during the previous five years by the total amount contributed to the Commission over the If the parties are unable to agree upon any matter to be decided by the Commission,any previous five years by all the party may submit such unresolved dispute for arbitration in accordance with the rules of municipalities who are parties to this Agreement immediately prior to its commercial arbitration of the American Arbitration Association, with the parties sharing the termination. costs of such arbitration equally(other than each parties'own expenses incurred in presenting its Deleted.q position during the arbitration proceedings). In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12. COOPERATION EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facilitate and accomplish the foregoing provisions of this Agreement. 13. EFFECTIVE DATE. 9 This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. INWITNESS WHEREOF, the undersigned Governmental Unites, by action of their governing bodies,have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes§471.59. iP Ii<me`,,»t1C UE_2`JO[tiTPOA Third RestatedJP1_rraadLeddjoo, ,_____ _____ .. -- Formatted:Fort:S pt ` Deleted:P:\Home\SMTC- 0622\JOINTPOW\2nd Restated as Amended by the I st Amendment-final base.doc 10 THIRD RESTATED JOINT POWERS AGREEMENT - Deleted:SECOND Deleted:AS AMENDED BY THE FIRST AMENDMENT CITY OF CHASKA Deleted:I By Its By Its Approved by the City Council of Chaska this day of ,2005. lI THIRD RESTATED JOINT POWERS AGREEMENT Deleted:SECOND Deleted:AS AMENDED BY THE FIRST AMENDMENT CITY OF CHANHASSEN - Deleted:¶ By Its By Its Approved by the City Council of Chanhassen this day of 2005. 12 THIRD RESTATED JOINT POWERS AGREEMENT Deleted:SECOND -- - - - - --- Deleted:AS AMENDED BY THE FIRST AMENDMENT¶ CITY OF EDEN PRAIRIE By Its By Its Approved by the City Council of Eden Prairie this day of 2005. 13