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Home My WebLink AboutCity Council - 03/15/2005 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM TUESDAY,MARCH 15,2005 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 CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. DISCUSSION WITH STATE LEGISLATORS Council Chamber II. OPEN FORUM A. AIRPORT ISSUES—VICKI PELLAR-PRICE B. FLYING OF THE FLAG—JOHN MALLO III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 15,2005 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 Peggy Rasmussen 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,MARCH 1,2005 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 1,2005 VI. CERTIFICATE OF ACHEIVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING VII. SOUTHWEST COORIDOR ALTERNATIVE ANALYSIS STUDY INTRODUCTION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE INN POOL ADDITION(2005-4)by Eden Prairie Lodging, L.L.C. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and Resolution for Site Plan Review on 1.29 acres. Location: 11500 West 78th St. (Ordinance for PUD District Review and Zoning District Amendment; and Resolution for Site Plan Review) C. DAIRY QUEEN GRILL AND CHILL (2005-1) 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres; and Resolution for Site Plan Review on 1.09 acres. Location: County Road 4 and Terrey Pine Drive. (Ordinance for PUD District Review and Zoning District Change; and Resolution for Site Plan Review) CITY COUNCIL AGENDA March 15, 2005 Page 2 D. APPROVE SECOND READING OF AN ORDINANCE CHANGING STREET NAME OF PORTION OF FULLER ROAD TO WEST 79T" STREET E. ADOPT RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 5TH F. ADOPT RESOLUTION APPROVING FINAL PLAT OF LIFETOUCH 2ND ADDITION G. ADOPT RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD CENTER 2ND ADDITION H. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE GREEN 2ND ADDITION I. APPROVE CHANGE ORDER NO. 1 FOR CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS,I.C. 96-5405 J. ADOPT RESOLUTION APPROVING COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 312 PROJECT FROM CSAH 4 TO EXISTING TH 212 NEAR CARVER COUNTY ROAD 147,I.C. 93-5305 K. APPROVE TWO TEMPORARY EASEMENTS ON CITY-OWNED OUTLOTS ADJACENT TO DELL ROAD FOR CONSTRUCTION OF TH 312 PROJECT,I.C. 93-5305 L. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87653M, WITH MNDOT FOR DELL ROAD AT THE NORTH AND SOUTH RAMPS FOR TH 312 INTERCHANGE,I.C. 93-5305 M. APPROVE MEDIATION AGREEMENT,CHANGE ORDER NO.2 AND PAY ESTIMATE NO. 7(FINAL)FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS N. AWARD CONTRACT FOR 2005 STREET SWEEPING TO RELIAKOR SERVICES,I.C. 05-5644 O. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT EDEN VALLEY PARK TO FLANAGAN SALES,INC. P. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT OVERLOOK PARK TO FLANAGAN SALES,INC. Q. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2005 CITY COUNCIL AGENDA March 15,2005 Page 3 R. APPROVE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL SERVICES WITH AUCTION BROADCASTING COMPANY FOR 2005 S. ADOPT RESOLUTION SUPPORTING LEGISLATION TO ALLOW ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE TO FOOD SERVICE OPERATOR OF THE GARDEN ROOM T. APPROVE A PERMANENT EASEMENT OVER PORTION OF OUTLOT B, HIDDEN PONDS U. APPROVE DRIVEWAY EASEMENT AGREEMENT WITH OWNERS OF LOT 2,BLOCK 2,RIVERVIEW HEIGHTS ADDITION IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. 2005 BOARDS AND COMMISSIONS B. 2005 BOARD OF APPEAL AND EQUALIZATION C. 2005 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Funding for Transportation Improvements to I-494 and the Metro Area System—Councilmember Aho (Resolution) B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA March 15,2005 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ITEM: V. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/PLANNING COMMISSION WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,MARCH 1,2005 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: Ken Brooks,Larry Kacher,Vicki Koenig, Kathy Nelson, Peter Rocheford, Fred Seymour, Ray Stoelting,Jon Stoltz 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, City Assessor Steve Sinell, Economic Development Director David Lindahl, City Planner Mike Franzen,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Police Chief Dan Carlson was not present. Deputy Chief Rob Reynolds was in attendance. Heritage Room II I. MAJOR CENTER AREA STUDY Community Development Director Janet Jeremiah introduced several members of the consultant team working with the Major Center Area(MCA) Task Force on the MCA study-Barry Warner, Marie Cote and Jodi Geise of SRF Consulting,Inc., and Greg Ingraham of Ingraham&Associates. The MCA is a 1,200-acre area in and around the Prairie Center Drive and Valley View "ring roads." Last fall, the Council appointed a task force to make a comprehensive study of this area. There have been two Task Force meetings, and the consultants updated Council on their work on this study to date and asked for feedback from the Council and Planning Board. The consultants reviewed current trends in the MCA, including land use and transit trends. Some of the key findings include: O • Parking is the primary land use in the MCA, with parking covering 65%of the private land area. • Many newer developments incorporate mixed uses in a compact area • While the MCA has fairly good road access, it is not logical or intuitive • Other transportation challenges include traffic signals along main roadways that are not coordinated; short roadway segments connection to the mall's internal ring road; and lack of linear roadways creates high turning volumes The consultants also reviewed results of the Task Force Priorities Questionnaire. These results indicate that, according to the Task Force,the preferred land uses are civic and community uses and parks, trails and open space. In addition,the Task Force would like to see pedestrian connections strengthened and upgraded streetscape appearance. They would also like to see improved signage to aid in wayfinding from highways and directional signage on local streets. Overall their vision is of an MCA that is a compact and walkable central district. Barry Warner said he believes assessed land values in the MCA will continue to rise and will be a key driver of change within the area. He asked Council and the Planning Board for feedback on the direction of the study to date. Mayor Tyra-Lukens asked why it looks like there is a movement away from a corporate office concept in subarea 7,when it was originally guided commercial. Warner said that it has a significant residential component now, and resident sensitivity to any development in this area will be a factor in the direction the area takes. He agreed that a corporate identity office use would be a logical use for this area, if it wasn't already largely residential. Planning Board Member Larry Kacher said he appreciates all the work staff,the consultants,and task force members have done on this study. He asked if overall design guidelines or principles to be used in decision making will be developed as a result of the study. Warner said this depends on how the City wishes to proceed. There are differing views on expected outcomes for the study and those issues will be ironed out in upcoming meetings. Jeremiah said the current plan calls for overall concept alternatives to be developed and then presented at the next task force meeting and a community open house. Input from the public will be used by the task force to craft a final alternative. There would then be another community open house and subsequent task force meeting. Creation of guidelines will depend on how much the City wants to regulate development. They could decide to let market forces drive the direction. Jeremiah said she is sensitive to the fact that the Planning Commission is considering development proposals for the MCA on a continual basis and that decisions may be made that don't fit with the task force's final recommendations. Parks Director Bob Lambert said he forsees one of the main challenges being in subarea 2 in regard to implementing changes in land use. Community Development Director Janet Jeremiah pointed out that City staff are also undertaking a strategic process for economic and housing development,which will include the GTA. Councilmember Butcher asked how the subareas of the GTA will be integrated into a cohesive district. Warner said the outer ring roads need wayfinding devices and streetscaping to help identify the area. Jeremiah said Richard Lang from Visual Communications will be coming into the process to help with these issues. Mayor Tyra-Lukens said she wonders if the City is biting off more than it can chew with this large of a study area. She asked if perhaps we should be focusing on a smaller area. Planning Board Member Fred Seymour asked if there will be any integration of this study with the GTA study. Jeremiah said subarea 9 is the overlap zone between the GTA and the MCA. The main area of mutual concern is LRT. Council Chamber II. OPEN FORUM Resident John Mallo addressed council about his concerns regarding the flying of the flag on City property. III. OPEN PODIUM IV. ADJOURNMENT ITEM: V.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 1,2005 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 Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted the addition of Item XIII.D.2 Picha Property Grant Consideration. He also noted a correction to the resolution for Columbine road improvements, Item VI.D, and added two items under Report of City Manager. MOTION: Young moved, seconded by Aho,to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 15,2005 MOTION: Case moved, seconded by Butcher,to approve the minutes of the Council Workshop held Tuesday, February 15, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 15,2005 Case made a correction to his comment on Page 9, 8th paragraph, 2nd sentence. He said the word"safety"should be replaced with"eligibility for LAWCON funding." MOTION: Aho moved, seconded by Young, to approve as amended the minutes of the City Council Meeting held Tuesday, February 15, 2005. Motion carried 5- 0. CITY COUNCIL MEETING March 1,2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HERITAGE PINES (2004-31) By David W. Durst. Second Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 1.65 acres and Resolution for Site Plan Review on 1.65 acres; Location: 17621 Pioneer Trail (Ordinance No. 4-2005 for Zoning District Change and Resolution No. 2005- 37 for Site Plan Review) C. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM,I.C. 02-5585 D. ADOPT RESOLUTION NO.2005-38 AUTHORIZING ACQUISITION OF EASEMENTS FOR COLUMBINE ROAD IMPROVEMENT,I.C. 52-130 Tyra-Lukens asked when work will begin on Columbine Road. Dietz said most of the grading was done last fall, and hopefully the project will be complete by the end of this year. MOTION: Young moved, seconded by Case,to approve Items A-D of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. TECHNOLOGY PARK 9TH ADDITION PRELIMINARY PLAT (CHALLENGE PRINTING) (2005-8)by Dan Hughes, Landform. Request for Preliminary Plat of 6.51 acres into one lot. Location: 7500 Golden Triangle Drive. (Resolution No.2005-39 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the February 17, 2005,Eden Prairie Sun Current and sent to 7 property owners. He said this is a preliminary plat of 6.51 acres into one lot. A preliminary plat for this site was approved on January 17, 1995,which combined an outlot with an existing lot to accommodate a 23,000 square foot building expansion for Challenge Printing. The building addition was completed but not the final plat. Since nine years have elapsed between the preliminary and final plat,the City Attorney recommended holding a public hearing for the preliminary plat. The preliminary plat conforms to the subdivision regulations and a conservation easement will be recorded over the wetland and wetland buffer. Final plat approval is located under Ordinances and Resolutions.Neal noted that final plat approval is located under the Ordinances and Resolutions section of tonight's meeting. Case asked if this is identical to the approval given 10 years ago and if nothing within the wetland law has changed. Dietz said there is one change-the adoption CITY COUNCIL MEETING March 1,2005 Page 3 of wetland regulations, so now a wetland buffer strip is required and there is a conservation easement that was not required 9 years ago. There were no comments from the public. MOTION: Aho moved, seconded by Butcher,to close the Public Hearing and adopt the Resolution for Preliminary Plat on 6.51 acres into one lot. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote with Aho,Butcher, Case,Young and Tyra- Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE CHANGING THE STREET NAME OF EAST/WEST PORTION OF FULLER ROAD TO WEST 79TH STREET Neal reported that Staff is proposing a street name change, in order to end the confusion regarding the addressing of two businesses that front Fuller Road but are addressed from West 78th Street. He said the businesses are addressed from West 78th Street but with Hwy. 5 reconstruction, there isn't access from the Highway. We are proposing to change the numbering from odd to even and also to change the street name of the east/west portion of Fuller Road, which the businesses now front,to West 79th Street. A new proposed building would also share this new identity. This action would help alleviate confusion at Fuller Road businesses. The affected property owners have been contacted and the consensus has been approval of the street name change. MOTION: Case moved, seconded by Young,to approve First Reading of an Ordinance changing the street name of the east/west portion of Fuller Road, lying easterly of the north-south portion,to West 79th Street. Motion carried 5-0. B. RESOLUTION NO. 2005-40 APPROVING FINAL PLAT OF TECHNOLOGY PARK 9TH ADDITION Neal said this proposal is for the plat located at 7500 Golden Triangle Drive. The plat consists of 6.52 acres of property to be platted into one lot. The proposed replat of Lot 1, Block 1 and Outlot A, Technology Park 8th Addition falls under the guideline for a"simple subdivision" defined within City Code. He said when complete, this replat will accommodate a future Challenge Printing building expansion. The preliminary plat and Second Reading of the Rezoning Ordinance and final approval will be completed on March 1, 2005. Approval of the final plat is subject to the following conditions: CITY COUNCIL MEETING March 1,2005 Page 4 • Receipt of engineering fee in the amount of$795.44 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor • Revision to plat shall include centering the existing 20' wide drainage and utility easement over the existing 60" storm sewer. • Revision to plat shall include expanding the drainage and utility easement 25' beyond the edge of the wetland. • Prior to release of the final plat,Developer shall submit and receive approval of a Conservation Easement from the Environmental Coordinator. MOTION: Young moved, seconded by Case, to adopt the resolution approving the final plat of Technology Park 9th Addition. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Consideration of a Budget Task Force—Councilmember Young Young said he has, over the last few months, requested staff compile information for later use during the budget process and he is hopeful that information will assist the Council. He suggested that the Council also consider putting together a task force where citizens could be pulled in to assist in the budgeting process. Young said on a per capita basis, he is convinced the city has a higher concentration of CEOs, CFOs and COOs than anywhere in the metro area and he would like to get that private sector expertise as an advisory tool for the budget process. Young said this is just an idea now and he would like to get information from staff to see if other cities do something like this. He said he would like the Council to give it individual thought and talk about it as we move into the budget process. Tyra-Lukens said she thinks it's a good idea. She said there is some value to it, but she would like to get information on what other cities are doing to find out what the trials and tribulations have been and whether it has actually been helpful. Butcher said it is a good idea. She said if we decide to do a task force, it is good to think broadly about who may be on it, not just CEOs and CFOs. CITY COUNCIL MEETING March 1,2005 Page 5 Aho agreed that it is a good idea because there is such a wealth of people in Eden Prairie who are experts in the financial field and it would be helpful to draw on that pool of knowledge. Case said it is a good idea but he has two cautionary notes. He said the budget is ours and should always remain ours. He said these five councilmembers are responsible to the constituents for that budget and the budget is the single living document that best expresses our values and it should remain clearly under the domain and responsibility of the five councilmembers. Case said there is incredible expertise among city staff and he wants to make sure we continue to use the staff we have. He said if we were implying that our staff is somehow not capable of giving adequate advice, he would have a problem with that notion and he feels great trust in their abilities to advise the council. He said he would be willing to look at pulling in, on a short-term basis, people with different ideas that may assist the council in making decisions on the budget using city staff to help guide the council. Young said he wants to make it clear that his suggestion was not intended as a criticism of staff and anything from the task force, if it is formed, would be advisory. He said he would not dream of this council advocating its discretion on budgetary issues at all. Neal said a study worked on jointly between the city's finance manager and Plymouth's finance manager will be released later this week. He said it will show how Eden Prairie compares to Plymouth in how the cities handle financials. He said there are different philosophies about budget control, but what drives our budget are quality of life issues and operational issues where the council has more authority than staff or an appointed task force.Neal said he thinks it is right to reserve the power that the most important thing as councilmembers is to direct staff on how to use city resources.Neal said staff will look at what other cities are doing and will bring back information on how Eden Prairie compares. B. REPORT OF CITY MANAGER Neal reported that this is the last meeting for Council Recorder Brundage who has been here nearly 3 years and the city is looking for a replacement for this position. Neal distributed to councilmembers a copy of the 2005 Work Plan.He said these are details of what is included in the 2005 budget and this will be reviewed mid- year and at the end of the year to measure whether or not we were successful in completing our work plans. Neal reported he recently returned from a 9-day trip to the United Kingdom. He said he went there at the request and funding of the Office of the Deputy Prime Minister for the United Kingdom as part of the Civic Leadership Blogging Project under the National E-Democracy Project. He said he visited three different"think CITY COUNCIL MEETING March 1,2005 Page 6 tank"organizations—the Power Inquiry, the Open Knowledge Forum and the Hansard Society. Neal said at Oxford University, he met with their E-Democracy professor and also met with Surrey County; Wychavon District Council in rural Worchestershire County; and city government officials of North Lincolnshire, Bristol, Kingston-upon-Thames, Lewisham, and Tower Hamlets. He said he also met with two organizations in the national government—the Office of the Deputy Prime Minister and the Home Office which is the equivalent of their Homeland Security office.Neal said the driving force behind this trip was a concern in the labor party and the Office of the Deputy Prime Minister about sagging voter turnout in elections and what they believe is a continual disconnect of citizens to government. Neal said their councils ranged from 40-70 members and they were surprised that city government could be operated with only 5 members.He said it was a great learning experience and the leadership groups are similar to our councilmembers,just more partisan in how they vote and analyze things. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Winter Recreation Area Concept Feasibility Study and Concept Plan In January,the Eden Prairie Hockey Association requested the City Council consider studying the feasibility of creating an outdoor winter recreation area that may include two outdoor refrigerated hockey rinks, a large outdoor free skating rink,with music, a concession stand that would serve these users and would include an outdoor plaza where people might enjoy hot chocolate, snacks, etc.while watching skaters and listening to music. The concept would hopefully be able to serve other winter recreation facilities and would become a focal point in the community during the winter months. The concept should also include how these facilities would be used during the remaining spring, summer and fall months. Lambert reported that the request for proposals was sent out January 18, 2005 and two were received. He said Ingram&Associates bid $13, 500 and SRF bid $23,489 and both firms are qualified to do a feasibility study like this. MOTION: Case moved, seconded by Butcher, to award a contract for services todevelopconceptplans and cost Ingraham&Associates to estimates for construction and projected operating costs for a winter recreation area for Round Lake Park, and for Staring Lake Park, at a cost not to exceed$13,500. Motion carried 5-0. 2. Picha Property Grant Consideration Lambert said he has had discussions with Terry and Dwight Picha. He said the two are cousins and Terry represents one side of the family and Dwight CITY COUNCIL MEETING March 1,2005 Page 7 the other. He said they all own the 4 acres together and Dwight's side of the family would like to sell the property as soon as possible and Terry's side would like to hold onto it for a while with hopes that it could be bought by the city. Lambert said he suggested splitting the property in half and allowing the city to apply for a grant for half the property and buy 2 acres of it. He said there is some benefit to splitting the property in that with a smaller grant application you have a better chance of getting the money. Lambert said Terry asked if the city would intend to acquire the additional two acres in the future and Lambert said the Council could not commit to that now but it could at least be in the Park and Open Space Plan to acquire it in the future. Lambert said the deadline for the grant application is March 31,2005. He said if the land is split, the appraisal would need to be updated. He said assuming the asking price for the 4 acres is $850,000, with half of that being $425,000 for two acres, the city's estimated cost would be $212,000 with a 50 percent matching grant. He said the Friends of Birch Island Woods have committed that they would try to raise $100,000 to buy down the city's cost, so the final cost to the city would be about$112,000 for two acres. Lambert suggested at least applying for the grant and going through the process. He said the commitment tonight would be for about$1,000 to upgrade the appraisal. Aho asked how much property is required to remove the LAWCON grant restrictions on the Cummins Grill House. Lambert said it isn't the amount of property, it is buying something of equal or greater value, so if we want to proceed with that action,we'll also need an appraisal of the Cummins Grill House. He said there is also a requirement that the gain to the Park and Open Space system is of equal or greater value as well. He said there have been some preliminary discussions with people at the State and they are supportive of the city's LAWCON application and the acquisition of the Birch Island Woods parcel, so he believes this would work for the exchange. Case said he would like to see the Council give decisive direction to Staff on both of these issues because they are necessary routes that will compliment each other. He said we cannot get private dollars into the Cummins Grill homestead unless we remove the LAWCON grant.He said if we're going to be purchasing land anyway, he would like to see the Council direct Lambert to get the appraisal on the Cummins Grill. Case said he has no problem in moving the Birch Island Woods property to the top of the list because it is available now. He said he does have a problem with spending $850,000, but we have found a way to walk into it CITY COUNCIL MEETING March 1,2005 Page 8 slowly and possibly pull other dollars that would lower that amount. Case said he would like to proceed with the grant application and let the Friends of Birch Island Woods raise dollars because he believes they could be successful in doing so. He said if the Cummins Grill LAWCON money comes in and if half of the Picha property holds off selling,the city will eventually get the entire 4 acres. He said he thinks we need to move on both of these, knowing that they are not dependent on each other and one is not driving the other. Rosow commented that the memo states "Terry Picha's family would want some assurances that the City would intend to acquire the remaining two acres at some time at market price."He said he would caution the Council that by including such an intent in this resolution, it would be questionable whether this would be an agreement to purchase at market price at some undetermined date. Rosow said he would not want someone to say that was an agreement. He said by going ahead with the grant to look at acquisition is appropriate, but he would not want anything in the Council's discussion to indicate that they agree to intend to acquire this property. Case asked if we are allowed to split the 4 acres,would there be concern that in the future,the remaining 2-acre parcel is not as valuable as when connected as 4 acres.Lambert said the concern from Terry Picha's point of view is that it will be more difficult to justify the extension of water and sewer services to serve 2 acres as it would be to 4 acres. Case said he would hope that the city would not take advantage of a situation that it created that would lessen value of that land. Lambert said if Terry Picha were here, he would not want it on record as saying that they have no intent to develop the property and their preference is that it goes to the city. Rosow clarified that the motion is just to authorize seeking the grant for acquisition of 2 acres and nothing beyond that. MOTION: Case moved, seconded by Butcher, to authorize staff to apply for a Natural and Scenic Area Grant for acquisition of two acres of the Picha property. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS CITY COUNCIL MEETING March 1,2005 Page 9 XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:40 p.m. CITY COUNCIL AGENDA DATE: SECTION: March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. Randy Newton Hennepin County Regional Railroad Public Works/Engineering Authority Presentation on the Southwest Corridor Alternative Analysis Study Requested Action No Action Requested. Synopsis The Hennepin County Regional Railroad Authority(HCRRA)will give a short presentation at the City Council meeting to introduce and update the City on the Southwest Corridor Alternative Analysis Study. Background Information The Southwest Corridor Alternative Analysis Study is the next phase of study for developing a dedicated transit corridor from downtown Minneapolis to Eden Prairie. This study follows the Southwest Corridor Rail Transit Study which was completed in October 2003. The purpose of the Alternatives Analysis (AA) Study is to identify and compare the benefits, costs, and impacts of a range of transit alternatives for the Southwest Corridor in order to determine a preferred course of action(i.e. alignment alternative and station locations). The objective of this study is to expand upon previous work by further evaluating transit alternatives to reach a broad consensus on a preferred course of action. Major study tasks will include development of a refined purpose and need statement, generation of refined capital and operations/maintenance cost estimates, estimates of year 2030 ridership, identification of the potential economic, social, and environmental impacts of the transit alternatives, and implementation of an extensive and inclusive public involvement program. The HCRRA has committed to evaluating the following routing alternatives during the study process (see attached slide of Southwest Initial Alignment Alternatives): 1) Baseline Bus (i.e., the best you can do without a major capital expenditure) 2) Bus rapid transit(BRT)alternative (required by FTA) 3) Southwest Rail Transit Study light rail transit alternative 1A 4) Southwest Rail Transit Study light rail transit alternative 2A 5) Southwest Rail Transit Study light rail transit alternative 3A (modified) 6) Southwest Rail Transit Study light rail transit alternative 4A 7) Southwest LRT route via the Kenilworth Corridor in Minneapolis and a light rail transit connection across the Midtown Corridor 8) Southwest LRT route via the Kenilworth Corridor in Minneapolis and a modern streetcar connection across the Midtown Corridor Earlier this year,the City Council appointed Councilmember Aho as the City's member to the Policy Advisory Committee (PAC). Community Development Director Janet Jeremiah was named as the City's alternate to the PAC. In addition, Mayor Tyra-Lukens has been appointed to the PAC representing Southwest Metro Transit and Councilmember Case has been appointed as Southwest Metro Transit's alternate to the PAC. Traffic Engineer Randy Newton serves as the City representative on the Technical Advisory Committee(TAC). Attachments • HCRRA City Council Presentation(P.P. slides) • Southwest Corridor Alternative Analysis Goals and Objectives • Southwest Corridor Alternative Analysis Purpose and Need Presentation (P.P. slides) t a C 4 Z ?'y ` !a ti k Okki_Ft gyp; 4 0 p Alternatives . Analysis (AA),. City i Rail Transit Study Recommendation Continue Study of a Southwest Rail Transitway b Include LRT alternatives 1A, 2A, 4A, & 3A (modified) In addition, document the environmental impacts and potential mitigation measures, implement a comprehensive public involvement program, maintain the trail network, and evaluate a Midtown Corridor rail transit connection between the Southwest Transitway and the Hiawatha LRT line. Southwest Policy Advisory Committee (PAC) Recommendation I Minneapolis Plymouth • Golden ti'alley 1 �� ...,- - -- 1\i_1._.__ �: 1 -HCRRA(SW LRT Trail) _� A , . _ 2- 1494 r - _.._._.. I ;4, _ 3-TH 2121TH 169 , t i t A `N � - , 4- Downtown Hopkins �"i A-Kenilworth _...----' r 4� F" i iss l St Pau _ r.. hire eta�ka y: , II »,,.. • 1,id=cvin • tridpr ,,, j r- — St.Louis Park ,,._-•-- fr \ ;_: r 7.. Minneapolis• "`, Deephaven =. 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WTI' i TH312 SW -- - - -: -- - , - - i j Metro - , , • f� I 'rairie ,,�/' / " Bloomington Alternatives Analysis (AA) Alternatives Analysis (AA) Study Purpose The purpose is to identify & compare the benefits, costs, & impacts of a range of transit alternatives for the Southwest Corridor in order to determine a preferred course of action. b Study began January 2005 L Study completion expected by Fall 2006 Alternatives An: ' I.ysis 43- Implement a Comprehensive Public Involvement Process • Define the Problem and Identify Goals & Objectives • Develop a Range of Alternatives that Address the Problem • Generate Year 2030 Ridership Forecasts • Prepare Year 2005 & 2010 Capital & Operating Cost Estimates • Identify Environmental & Community Benefits/Impacts ▪ Apply Evaluation Measures including cost-effectiveness Identify a Preferred Alternative The Southwest AA is considered completed when local and regional decision makers select a preferred alternative. Southwest Initial Alignment Options Southwest Initial Alignment Options �� t -i t , ,MINI { �' 1 9 P I ii V le 1 . ,►±x 1- i 1110..��4 ..._ i No Build i . .� , 55' - k Mineapolis1; k'Bus Baseline(bus only option) 9 t `* ' ,4 CBD ,� .. ! ,..: 4• Southwest LRT 1A (Kenilworth) 4 ' . p ' di ,, j^� A ` l' rt . ... Southwest LRT 2A �` ' , 1 .? .''r ° i Southwest LRT 3A {t C n�i� '"_ � a r - fi t Southwest LRT 4A tl �j I� 7r "i ii o f dn"II[ VII VO S*. ..... Southwest Bus Rapid Transit(BRT)(required byFTA) ijt ,, 1 , .• „v, ��« 41�41EIH1 1 p111�E I ly ' Fy . * An analysis of a Midtown rail transit(LRT or modern streetcar) um"'11 ( ,„ ? lie 1� �gum ■111 IM�I 1 ;`�• F connection will be conducted after o preferred alternative i. .1.11 11111.ifinininft 11�yy QQ ®�� selected for the Southwest Transitway i� �•111; ' ii i YEl�1�� y f ' IIUF1�LII 11HUI lillillinniffi'. Fain 11 � {-- •b5'' .7..: }} t :"t V ,.:•., r tlic y . 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"``I _,.' t _ !'� Rum ( � , 1 f Coals of A Southwest Transitway 1) Improve Mobility 2) Provide a Cost-Effective & Efficient Travel Option 3) Protect and Enhance the Environment 4) Preserve & Protect the Quality of Life in the Study Area & the Region 5) Support Economic Development Goals 1 & 2 are considered Tier 1 goals, which are those that must be achieved or a project does not exist. Goals 3-5 are considered Tier 2 goals, which are those to be achieved assuming a project results from the application of Tier 1 goals Typical FTA Project Development Process e ision/ AS- , Approval ,---...- :"..pite,„„,,Rfo„,,,.4),,,ft,.,10,„:„...,,,..,,,.„.„„„,v,,,, ...,,,,....„„„4„„„.,„„„,„:4,„,„,..„:„„,....04,:...*„„„„„„„,,4,,::,:,:::::::::,.... , -, : „0„, .,„,„„„:„,,,mmusotapiti,tirk,,,,,,,If4"0,41,344.0 latiallmota,„„mit, .„,„,3„,fit„,„. ., .ramp ,a ,1 ,_..' .. _;- .. ,_.�� F \ AA Process prg � ltstf : A!I * q A14 ��• � ... .•.. ,��' to ,, PUblIC The public involvement program is intended to provide for early and continuous involvement of stakeholders in order to ensure sound public decision making. • Open Houses • Special Meetings (neighborhood, business, trail users, etc...) • Newsletters • Press Releases ♦ News Articles • Website d Southwest Corridor Alternatives Analysis Southwest corridor Alternatives Analysis Goals and Objectives Hennepin County Regional Railroad Authority Prepared by: MIMS Parsons Brinckerhoff Quade &Douglas, Inc. March 2005 1 Southwest Corridor Alternatives Analysis BACKGROUND As part of the Southwest Rail Transit Study,2003 the following goals were established for a Southwest Transitway: • Improve mobility • Efficiently and effectively move people • Provide a reliable,competitive travel choice • Serve population and employment concentrations • Reasonable capital and operating costs • Protect the Environment • Enhance the Study area and region's quality of life • Promote economic development and redevelopment These goals were used to develop performance measures to evaluate which rail transit technology and alignment alternatives should be considered for future evaluation. A similar, but more detailed process will be undertaken during the Southwest Alternatives Analysis (AA) Study. The overall goal of the Southwest Alternatives Analysis (AA) Study is to build upon previous studies to obtain general agreement on a preferred course of action. This Southwest Corridor Alternatives Analysis provides a more comprehensive look at potential solutions,required in a Federal Transit Administration (FTA) compliant Alternatives Analysis and;expected by the communities involved and their elected representatives. To ensure that the alternatives evaluated meet the transportation goals and objectives of the state,region and corridor communities,goals developed in the previous Southwest Rail Transit Study were refined as necessary. Further, objectives were given to each goal. For purposes of this AA,goals are general statements of what is to be accomplished,while objectives are statements that identify the extent to which the goals will be accomplished. These goals and objectives are based upon the identified transportation needs in the study area,are used to develop alternatives to address transportation needs,and form the basis of the evaluation measures which lead to the selection of a preferred course of action. On February 11, 2005, the Southwest Technical Advisory Committee (TAC) developed a proposed set of goals and related objectives for consideration by the Southwest Policy Advisory Committee (PAC). On March 2, 2005, the Southwest Policy Advisory Committee (PAC) unanimously approved the attached goals and objectives for a Southwest Transitway. Southwest Transitway Goals: • Improve Mobility • Provide a cost-effective,efficient travel option • Protect the Environment • Preserve and Protect the Quality of Life in the Study Area and the Region • Support Economic Development 2 Southwest Corridor Alternatives Analysis GOALS AND OBJECTIVES Tier 1 defined as those goals that must be achieved or a project does not exist GOAL 1 Improve mobility Objectives: • Provide a travel option competitive with other modes in terms of journey time • Provide a reliable travel option that improves mobility throughout the day • Provide a travel option that serves population and employment concentrations • Provide a travel option that adds capacity and access to the regional and local transportation system • Provide a travel option that serves people who depend on transit • Provide a travel option that enhances pedestrian and bicycle activity and access to community nodes GOAL 2 Provide a cost-effective, efficient travel option Objectives: • Provide a travel option with acceptable capital and operating costs • Provide a travel option that efficiently and effectively moves people • Provide a travel option that integrates efficiently with other modes and avoids significant negative impacts to the existing roadway system • Provide a travel option that supports regional system efficiency Tier 2 defined as goals to be achieved assuming a project results from the application of the Tier 1 goals GOAL 3 Protect the environment Objectives: • Provide a travel option beneficial to the region's air quality • Provide a travel option that avoids or minimizes alterations to environmentally sensitive areas • Provide a travel option that supports efficient, compact land use that facilitates accessibility • Provide a travel option that avoids significant environmental impacts on adjacent properties, such as noise and vibration 3 Southwest Corridor Alternatives Analysis GOAL 4 Preserve and protect the quality of life in the study area and the region Objectives: • Provide a travel option that contributes to the economic health of the study area and region through improving mobility and access • Provide a travel option that is sensitively designed with respect to existing neighborhoods and property values • Provide a travel option that protects and enhances access to public service and recreational facilities • Provide a travel option that supports sound planning and design of transit stations and park and ride lots • Provide a travel option that enhances the image and use of transit services in the region GOAL 5 Support economic development Objectives: • Provide a travel option that supports economic development and redevelopment with improved access to transit stations • Provide a travel option that supports local sustainable development/redevelopment goals • Provide a transportation system element that facilitates more efficient land development patterns and saves infrastructure costs • Provide a travel option that accommodates future regional growth in locations consistent with local plans and the potential for increased ridership 4 (11 o 4 c CO +w.• D Alternatives Analysis (AA) Purpose Need Changing Demogs The Twin Cities has experienced strong growth in the past and is expected to continue to grow in the next 20 -30 years. Historic Growth (1990-2000) Regional population increased by 43,000 residents or 17% , 4 � , Study area population increased by 33,711 to 550,091 Yr Eden Prairie had highest growth rate at 40% (39,311 to 54,901R residents) Regional employment increased by 290,000 or 23% b Study area employment increased by 285,700 Eden Prairie and Minnetonka highest employment growth rates at 33% and 30%, respectively �� a �` Projected Growth (2o3o) • The Region will gain approximately 931 000 more people, 461 000 more households and 555,000 more jobs •The study area cities will add 71 800 residents, 37,200 households, and 84,700 jobs The study area will account for 25% of all regional employment, 18% of all regional households, and 17% of all regional residents Transportation System Impact According to the Mn/DOT, over the past 30 years changing demographic and development patterns in the region have resulted in increased travel. The excess roadway capacity created in the 1970s to accommodate projected population growth has been quickly depleted as people make more auto-oriented trips than had been forecasted. x « Miles of Congested Roadways in Metro Area a 491 r .% k x t 9 450 , y1.to: � 500 w 400 ' —4e 4 . z 350/ s - 'fit tr� 2`` r 300 / ..._.. _-------- --- --- ----— .... _ 3� ��! 250 / 183 150 ,� r 1. zoo pi } _ ,•',at 100 10 o `",. Q ' &, .. 1970 2000 2025 ilk Mn/DOT estimates that the average Twin Cities' commuter wasted 54 hours in congestion in 2000. Mn/DOT predicts that the number of lanes miles This contributed to a per commuter loss of of congested roadways will increase from 183 in $1,000 in time and fuel, which equates to $1.2 2000 to 491 in 2025. billion for the region. Travel Times will Continue to Increase. According Ito the Texas Transportation Institute, a trip during the, is estimated to take 26 percent longer than the sametrip taken in off-peak tines. PM Peak Travel Time 2000 �.a., '.": i. 2020 m.. Arr _�� nrr �.r 0-30 minutes �� r °�' `(r 30-60 minutes ,� a'f ter.,,( P' ta. 60i minutes 1""7:— '':',0,.. "'"„',',,,,,f-,„-, ,, ,,_,,,i : 11 .inn 1 . .,..... � .. . � �'F✓ 3 � „ „ a,: 7'� y,,: �� £��;� E ,.,er .nm,v am /1 't,+k,. cxrv.xr ,'Ay !F tj +C� u P'... 1f� � y ex. mrno.. inmr fi { F"..�,r.r�. / ."`ia �a I---+ Data Source: Metropolitan Council Transportation Division NOTE: These are average travel times and do NOT account for fluctuations due to weather, accidents, or congestion. Business Impact According to the Metropolitan Coalition of Chambers, the transportation system is crucial to the success of Twin Cities businesses costs imposed on business by a transportation system that is not efficient, accessible and reliable include: • higher shipping costs • reduced worker productivity ♦ worker tardiness ♦ shrinkage of customer & employee base ♦ declining competitiveness These costs will be magnified if the region does not take an aggressive approach toward transportation planning & make implementation possible with adequate funding. If this does NOT happen, travel demand will outpace improvement, congestion will increase, accessibility will decline and infrastructure will age at an ever-faster rate. The Conckisior According to Mn/bOT, completely eliminating congestion is NOT possible. At the same time that travel demand increases, the region's ability to expand the system will become very limited due to: * serious funding constraints environmental constraints * social acceptability of roadway expansion. i multi-modal The combined effect of not investing in a transportation system will be an increase in the cost of goods and services and a reduction in the overall quality of life in the metro area. . How will the region accommodate this growth while maintaining our economic competitiveness and enhancing our high quality of life? The Plan Metropolitan Council's Transportation Policy Plan (TPP) Transportation Poiicy Plan (TPP) Sharpen the region's economic competitiveness by ensuring the convenient, affordable movement of people& the timely efficient movement of goods. Enhance the community cf neighborhood livability with connected street, sidewalks & bikeway and convenient development that incorporate office, home &retail in way that are conducive to transit services. Expand mobility options besides the car to connect jobs, services and housing. MnIDOT's Transit Tsp 2025 Improve environmental qualityof the regions' air & water Promote savings through cost-effective use of regional di local infrastructure. M.n/ b:OTs Trarspo. rtat i o Plan Mn/bOT's Metro Area 20-year plan for transportation which is based upon the A, 8, Cs of TRANSPORTATION. Advantages for Transit reflects the importance of providing transportation alternatives for Minnesotans. (examples include: LRT,Commuter Rail, Busways, HOV, ramp meter bypasses,and bus-only shoulders) Bottleneck Removal Interregional Corridors Mn/DOT predicts that even with the $5.6 billion that is expected to be spent on roadways in the Metro Area by 2025 there will be: • Significant increases in congestion and delay • Increases in traffic on local & neighborhood streets ♦ Higher number of accidents • Fewer choices among transportation modes `' • Lack of continuity in design of the transportation system moo.1,4: Trc1.n : :i.t3 an Goal: bouble Transit ridership by 2030 Transitway System • bouble current bus service ♦ System of Transit 2030 I Transitways I � ,v__w r Y Y , (LRT, Commuter Rail, & Busways). 4111110Tranilvoys an axdicated ROW Express Cbmmtrer&is System Highway System lir 1 Benefits Transitways provide a travel-time advantage over { single-occupant autos, improve transit service ' ► 1 ;Y reliability, and boost the potential for transit Iiil Misr sir "' oriented development. a ')#, L Transitways also save public facility cost, wi itreduce auto trips, congestion & land 6,... ott consumption. figrAle ) ♦ $2billion in saving in local roads & utilities • $2 billion in congestion cost savings • Reduction of 245,000 daily auto trips ram` • Reduce vehicle miles traveled by 550 million N annually 1 ♦ Save 27 million gallons of fuel t • Reduce carbon monoxide emissions by 6,600 0 21 5 1e 15 20 251,11Ies tl June 23,2004 tons annually CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. 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. New Liquor License Licensee name: TGI Friday's of MN, Inc. DBA: T.G.I. Friday's - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B. Community Development/Planning Janet Jeremiah Scott Kipp Eden Prairie Inn Pool Addition Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and • Adopt the Resolution for Site Plan Review on 1.29 acres; and • Approve the Development Agreement for Eden Prairie Lodging, L.L.C.; and • Approve and Authorize Issuance of a Grading Permit for Eden Prairie Inn Pool Addition, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated February 8, 2005, as approved by the City Council. Synopsis This project is for construction of a 1,400 square foot pool addition for the hotel. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary Ordinance for PUD District Review and Zoning District Amendment 3. Resolution for Site Plan Review 4. Development Agreement EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 5-2005-PUD-2-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Highway Commercial Zoning District 5-2005-PUD-2-2005 (hereinafter'PUD-2-2005-C- Hwy) Section 3. The City Council hereby makes the following findings: A. PUD-2-2005-C-Hwy is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2005-C-Hwy is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2005-C-Hwy are justified by the design of the development described therein. D. PUD-2-2005-C-Hwy is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 15, 2005, entered into between Eden Prairie Lodging, L.L.C., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2005-C-Hwy, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Highway Commercial District and shall be included hereafter in the Planned Unit Development 2-2005-C-Hwy, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of February, 2005, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of March, 2005. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Those part of Lots 1 and 2, Block 2, FLYING CLOUD CENTER, ACCORDING TO THE RECORDED PLAT THEREOF, Hennepin County,Minnesota, lying northwesterly of the following described line: Beginning at the point of the north line of said Lot 1, distance 164.47 feet east of the northwest corner of said Lot 1,thence southwesterly parallel with the westerly line of said Lots 1 and 2 to this southerly line of said Lot 2 and said line there terminating. EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 5-2005-PUD-2-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 11500 West 78th Street within the Highway Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the (A full copy of the text of this Ordinance is available from City Clerk.) EDEN PRAIRIE INN POOL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE INN POOL ADDITION BY EDEN PRAIRIE LODGING,L.L.C.' WHEREAS,EDEN PRAIRIE LODGING, L.L.C.,has applied for Site Plan approval of Eden Prairie Inn Pool Addition to construct a 1,400 square foot pool addition, by an Ordinance approved by the City Council on March 15, 2005; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its January 24, 2005,meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its February 15, 2005 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Eden Prairie Inn Pool Addition based on the Development Agreement between Eden Prairie Lodging,L.L.C. and the City of Eden Prairie, reviewed and approved by the City Council on March 15, 2005. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT EDEN PRAIRIE INN POOL ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 15, 2005, by Eden Prairie Lodging, L.L.C., a South Dakota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.29 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres, Site Plan Review on 1.29 acres, and Preliminary Plat of 1.29 acres into one lot, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2005-30 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Highway Zoning District on 1.29 acres,Resolution No. for Site Plan Review,and Resolution No. 2005-31 for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 8,2005,reviewed and approved by the City Council on February 15,2005,(hereinafter the "Plans")and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a buildingor occupancy r occu anc on the Land permit for 0 P Y while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening, it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Highway Commercial Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. A Floor Area Ratio of 0.46. City Code maximum is 0.40. 9. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building and include gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 10. TREE LOSS TREE REPLACEMENT: There are 283 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 69 diameter inches. Tree replacement required is 26 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 26 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Eden Prairie Lodging,L.L.C. By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by _Harvey J.Rott,the , of Eden Prairie Lodging,L.L.C.,a limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT EDEN PRAIRIE INN POOL ADDITION Legal Description Before Final Plat Those part of Lots 1 and 2, Block 2, FLYING CLOUD CENTER, ACCORDING TO THE RECORDED PLAT THEREOF,Hennepin County,Minnesota,lying northwesterly of the following described line: Beginning at the point of the north line of said Lot 1,distant 164.47 feet east of the northwest corner of said Lot 1,thence southwesterly parallel with the westerly line of said Lots 1 and 2 to the southerly line of said Lot 2 and said line there terminating. Legal Description After Final Plat Lot 1, Block 1, Flying Cloud Center 2nd Addition,Hennepin County, MN. EXHIBIT B DEVELOPMENT AGREEMENT-EDEN PRAIRIE INN POOL ADDITION PLANS 1. Preliminary Plat dated 01-03-05 by Demars-Gabriel Land Surveyors, Inc. 2. Erosion Control, Grading&Drainage Plan dated 12-19-84 by James Cooperman and Associates. 3. Building Elevations dated 02-08-05. 4. Revised Significant Tree Site Plan dated 02-08-05. 5. Revised Site Plan dated 02-08-05. 6. Footing&Foundation Plan and Roof Plan dated 12-14-04 by James Cooperman and Associates. 7. Floor Plan, Elevations and Cross Section dated 12-14-04 by James Cooperman and Associates. 8. Plumbing Plan dated 12-21-04 by James Cooperman and Associates. 9. HVAC Plan dated 12-21-04 by James Cooperman and Associates. 10. Trash Enclosure Plan dated 02-09-05 by James Cooperman and Associates EXHIBIT C DEVELOPMENT AGREEMENT—EDEN PRAIRIE INN POOL ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. recommendations of said e Developer shall follow all rules and Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property,except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed,deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT—EDEN PRAIRIE INN POOL ADDITION EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30. days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. C. Community Development/Planning Dairy Queen Grill&Chill Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from I-2 to Neighborhood Commercial Zoning District on 1.09 acres; and • Adopt the Site Plan Review on 1.09 acres; and • Approve the Development Agreement for Dairy Queen Grill and Chill; and • Approve and Authorize Issuance of a Grading Permit for Dairy Queen Grill and Chill, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated February 15, 2005, as approved by the City Council. Synopsis This is a 3,744 square foot restaurant. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Summary Ordinance for PUD District Review and Zoning District Change 3. Resolution for Site Plan Review 4. Development Agreement DAIRY QUEEN GRILL&CHILL 4&5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2005-PUD-3-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-2 Zoning District and be placed in the Planned Unit Development Neighborhood Commercial Zoning District 6-2005-PUD-3-2005 (hereinafter "PUD-3-2005-N-COM"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 15, 2005, 2005, entered into between DRF G&C LLC, DRF G&C LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2005-N-COM, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2005-N-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2005-N-COM is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2005-N-COM are justified by the design of the development described therein. D. PUD-3-2005-N-COM is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the 1-2 Zoning District, and placed in the Neighborhood Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2005-N-COM and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of February, 2005, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of March, 2005. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A DEVELOPMENT AGREEMENT - All that part of Lot 1, Block 1, PRAIRIE GREEN according to the recorded plat thereof, Hennepin County, Minnesota,which lies north of the following described line: Commencing at the northeast corner of said Lot 1,Block 1;thence on an assumed bearing of SOUTH along the east Line of said Lot 1, a distance of 226.34 feet; thence South 87 degrees 24 minutes 58 seconds West, a distance of 209.91 feet to a point on the west line of said Lot 1,Block land said line there terminating. Note: This parcel is to be platted as Lot 1,Block 1,PRAIRIE GREEN SECOND ADDITION DAIRY QUEEN GRILL & CHILL 4 & 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 6-2005-PUD-3-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Terrey Pine Drive and County Road 4, from I-2 to Neighborhood Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DAIRY QUEEN GRILL AND CHILL 4&5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR DAIRY QUEEN GRILL AND CHILL 4&5 BY FRAUENSHUH COMPANIES WHEREAS, Frauenshuh Companies, has applied for Site Plan approval of Dairy Queen Grill and Chill to construct a 3,744 square foot restaurant, by an Ordinance approved by the City Council on February 15, 2005, and WHEREAS,the Community Planning Board reviewed said application at a public hearingat its January24, 2005 meetingand recommended approval of said site plans; and pP WHEREAS,the City Council has reviewed said application at a public hearing at its February 15, 2005 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Dairy Queen Grill and Chill based on the Development Agreement between DRF G&C LLC, a Minnesota limited liability company and the City of Eden Prairie, reviewed and approved by the City Council on February 15, 2005. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT DQ GRILL AND CHILL THIS DEVELOPMENT AGREEMENT("Agreement") is entered into as of March 15, 2005, by DRF G&C, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for,Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.09 acres,Planned Unit Development Concept Review on 7.2 acres,Planned Unit Development District Review with waivers on 1.09 acres,Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres, Site Plan Review on 1.09 acres,and Preliminary Plat of 7.2 acres into 2 lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from I-2 to Neighborhood Commercial, Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 15,2005,reviewed and approved by the City Council on February 15,2005, (hereinafter the"Plans")and identified on Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4.. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands,lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening, it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. SSCI, a Minnesota Corporation 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Lot size from 2 acres to 1.09 acres. • Front yard parking setback on Terrey Pine Drive from 35 feet to 24.67 feet. • Front yard parking setback on County Road 4 (Eden Prairie Road) from 17.42 feet 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction,and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70,Subdivision 5a. 13. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 15. TERREY PINE DRIVE IMPROVEMENTS: Developer shall be responsible for widening the east approach to the County Road 4 / Terrey Pine Drive intersection from County Road 4 to the concrete apron for the Property to provide a second approach lane to the intersection. Terrey Pine Drive shall be widened to 42 feet face of curb to face of curb to provide the necessary lane widths. The widening of Terrey Pine Drive and all associated work is the responsibility of the Developer. Prior to issuance by the City of any permit for the construction of the Terrey Pine Drive improvements,Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of final plans for the public improvements. Plans for public infrastructures shall be of a plan view and profile on 22"x 34"plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of the construction value to the City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Bonding in the amount of 125%of the Terrey Pine Drive improvements shall be required prior to release of the final plat of the Property in accordance with City Code. Developer agrees to construct the improvements concurrent with the construction on the property and completion of the Terrey Pine Drive improvements shall be required prior to release of any occupancy permit for the property. 16 SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 1.085 acres in the amount of$6,276.73. 17. DEDICATION OF RIGHT OF WAY: The Developer shall dedicate the west 10 feet of the north 100 feet of Lot 2 of the preliminary plat of Exhibit B. This right of way must be included in the final plat of the Property. 18. POND, STORM SEWER AND MAINTENANCE AGREEMENT: Developer acknowledges that a portion of the water quality treatment for the Property occurs in an existing pond off of the Property. Prior to release of the final plat for the Property, the Developer shall enter into a pond, storm sewer and maintenance agreement with Lot 2, Block 1 of Prairie Green 2nd Addition,the form of which must be approved in writing by the City Engineer. This agreement shall address the pond,storm sewer and maintenance of said facilities, and shall define by legal description, that portion of the Property subject to the agreement. All of these facilities shall be privately owned and maintained by the Developer or Owner. Concurrent with the recording of the final plat,Developer shall record the pond,storm sewer and maintenance agreement. Developer shall submit to the City Engineer proof that this • agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By John B. Donnelly Nancy Tyra-Lukens Its Managing Member Its Mayor By_ Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by ,the Managing Member, of DRF G&C, LLC, a limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—DQ GRILL AND CHILL Legal before final plat All that part of Lol Block 1, Prairie Green according to the recorded plat thereof. Hennepin County, Minnesota, which lies above the following described line: Commencing at the northeast corner of Lot 1 Block 1;thence on an assumed bearing of SOUTH along the east line of said Lot 1, a distance of 226.34 feet, thence SOUTH 87 degrees 24 minutes, 58 seconds WEST a distance of 209.91 feet to a point on the west line of said Lot 1, Block land said line there terminating. Legal after final plat Lot 1 Block 1, Prairie Green Second Addition EXHIBIT B — DQ GRILL AND CHILL Title Page dated 2/04/05 by Welman Sperides Architects LLC Topographic Survey dated 2/04/05 by BKBM Engineers Grading, Drainage and Erosion Control Plan dated 2/04/05 by BKBM Engineers Utility Plan dated 2/04/05 by BKBM Engineers Details dated 2/041/05 by BKBM Engineers Details dated 2/04/05 by BKBM Engineers Stormwater Pollution Prevention Plan dated 2/04/15 by BKBM Engineers Landscape Plan dated 2/04/05 by Welman Sperides Architects LLC Site Plan dated 2/04/05 by Welman Sperides Architects LLC Site Details dated 2/04/05 by Welman Sperides Architects LLC Equipment Plan dated 2/04/05 by Welman Sperides Architects LLC Exterior Elevations dated 2/04/05 by Welman Sperides Architects LLC Exterior Elevations and Opening Schedule dated 2/04/05 by Welman. Sperides Architects LLC Signage Matrix dated 2/04/05 by Welman Sperides Architects LLC Prelininary Plat dated 2/04/05 by BKBM Engineers EXHIBIT C DEVELOPMENT AGREEMENT DQ GRILL AND CHILL I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: SSCI, a Minnesota Corporation With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq.,or Minn.Stat., Sec. 115B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character,and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building,structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT—DQ GRILL AND CHILL EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer r - - or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to,attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN DRF G&C LLC,a Minnesota limited liability company AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 15, 2005, by and between SSCI, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Comprehensive Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoniong District Change from I-2 to Neighborhood Commercial, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat as more fully described in that certain Development Agreement entered into as of March 15, 2005, by and between DRF G&C, LLC, a Minnesota limited liability company, and City("Development Agreement"), Owner agrees with City as follows: I. If DRF G&C,LLC, a Minnesota limited liability company, fails to commence development in accordance with the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment,and Resolution No. for Site Plan Review, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005, by ,the of SSCI, a Minnesota Corporation, on behalf of the corporation. Notary Public r EXHIBIT A OWNERS SUPPLEMENT Legal before final plat All that part of Lo l Block 1, Prairie Green according to the recorded plat thereof. Hennepin County, Minnesota, which lies above the following described line: Commencing at the northeast corner of Lot 1 Block 1; thence on an assumed bearing of SOUTH along the east line of said Lot 1, a distance of 226.34 feet, thence SOUTH 87 degrees 24 minutes, 58 seconds WEST a distance of 209.91 feet to a point on the west line of said Lot 1, Block land said line there terminating. Legal after final plat Lot 1 Block 1, Prairie Green Second Addition CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. D. Jim Richardson Approve 2nd reading of an Ordinance to Public Works/Engineering change the street name of the east/west portion of Fuller Road to West 79 Street Requested Action Move to: Approve the Second Reading of an Ordinance changing the street name of the east/west portion of Fuller Road, lying easterly of the north-south portion, to West 79th Street. Synopsis The First Reading of this Ordinance was approved on March 1, 2005. Background Information The businesses are addressed from West 78th Street but with Hwy. 5 reconstruction,there isn't access from the Highway. We are proposing to change the numbering from odd to even and also to change the street name of the east/west portion of Fuller Road, which the businesses now front, to West 79th Street. A new proposed building would also share this new identity. This action would help alleviate confusion at Fuller Road businesses. The affected property owners have been contacted and the consensus has been approval of the street name change. Attachments • Ordinance • Map of affected area r CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2005 BE IT ORDAINED by the Eden Prairie City Council that the east/west portion of Fuller Road from its intersection with the north/south portion of Fuller Road to approximately 600 feet east to its terminus shall be named: West 79th Street FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on March 1, 2005, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on March 15, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on DOC NO� to T>>e ,. OtJiLOTja1.4 5507140 _ r210195 69.04 .,rOa (36) M :-PAR 219C• aPAR 219D 'S ? 122 21cc . 48y :�r. 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J ant O1.12 �;�'s, 6 �T39'20'W `\WI �/ DOC ►O . t N88'940'07t wo • 11 O 01 i CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. E. Randy Slick Final Plat Approval of Pioneer Point Public Works/Engineering Townhomes 5th Addition Requested Action Move to: Adopt the resolution approving the final plat of Pioneer Point Townhomes 5th Addition. Synopsis This proposal is for the plat located at the southeast corner of Franlo Road and Pioneer Trail. The plat consists of.30 acres to be divided into four townhome lots. This is a replat of Outlot C, Bluffs East 17th Addition. Background Information The preliminary plat was approved by the City Council on August 7, 2001. Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 4, 2001. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA' RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 5th ADDITION WHEREAS, the plat of Pioneer Point Townhomes 5th 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 Pioneer Point Townhomes 5th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 15, 2005. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 March 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk PIONEER POINT TOWNHOMES 5TH ADDITION G.R. DOC. NO. KNOW ALL MEN ay THESE PRESENTS; Thal Waaddal.Duilden,Inn..a Mlnnmlala corporation,lee owner al the lapawin0 daacrlbed properly Mated In In,0.ohty of Hennepin.Stale of Mlnneaete,to mil: Oullal C.BLUFFS EAST 17T11 ADDITION. Him eauud the ama I.ha aulnyed and planed III PIOIIEER PO111T TOWNHOMES 5TH ADDITION. In*Mesa wham;said Waodoale Builders,Inc..a Mlnnaaot.corperellon,hen amend these presents In b..Ignad by its proper officer This day of .200_ WDODDALE BUILDERS,INC. Slev.n H.Dehweitara,PI.std.nl STATE OF MIIINESOTA COUNTY OF TN Ime0oing Instrument was acknowled0ed befaa int this_dqy of ,200_,by Steven I1.Schwsllea,Preddml el WooddMe Bondi.,Inc.,a Minnesota corporation.an bab.d al said eorparellon. S00'45'JC'E 174.00 NaluY Parma,Mlnnaaole 40.00 7 41.00 O 41.00 A 48.00 My Comndaaian Eapll.o . I lineally purify that 1 have sun.Yed end planed ma properly described on ibis plat it PIONEER PO111T TOWIIHOMEO 5TH ADDITION;that this plat Is a correct repro.nt.liun a1 amid :OW an dtslanae air,....oily shown In feel and hundredlha of a fool;Mal.0 monirnena have been g BLOCK r;s'. 1 aullecily placed In the ground as shown on Said plot;that Ills auUlde boundary line.are celfeUly designated on laid plat;and Me mere Re no n,nl lends Ca chlined In MS 701.02,Bubel•laeen 1.or public highways Io be desi0nalad on sold Plat. pp g$ F,S • W 4 $ 3 2 2 1 r Janrey Cr.Lindgren.Land Onrinpur .f Mlnneama Llcenae/lumbar 143T0 OWE OF MIIRIE5OTA '-1-% COUNTY OF DAKDTA The foregoing'armor's carllllala Inc.acknowledged balm.on Ihls_day of 200_by Jefluny O.Lindgren, 40.011 0 41.00 n.vo 0 40.00 a Land Surveyor. 00.0'45'301E 174.00 Notary Public,MInnasole try Cammleslon Eaphes January 31.2105 EDEN FRAME,MINIIESOTA This pill at PIONEER POINT TOWIIHOMED 5111 ADDITION wog approved and ecceplad by the CITY Counc0 of Edon Paine,Mlrmaaala at a mauler maelin0 thereof bald on era,_^day of ,200^II eppilcabla,the multi..eommenl. and reammandellone of the Cemml.rtanaa at 7ransporallan and Ms County Highway Engineer hove plan recN»d by th.city or lb.pe Ibad]tl day peeled hn elapsed without feedpl al such comment,and aeemmandatlone,as provided by Minnooa SIal011,,Baclion 105.03,Subdlvt,lon 2. CITY COUNCIL OF BOO N PRAIRIE.MUJNESOTA By: Mayer By: Manager TAXPAYER CERVICES DEPARTMEIIT.HENNEPIN COUNTY,MIIRIESOTA I haaby urldy Thal 1 p.yahla In,�_.ad ptlar yam hen bon paid In Iu0 tar all land desnrlbad on Ikla plat. Paled Ihla�,_dsy of 100_ Patrick II.O'Connor,Ilannapla County Auditor By namely SURVEY D1W0I0f1.RENIIEPIII COUNTY,MtNIlE0OTA Pura.nt le M11111.STAT.Bac.3130.505 4 a001,Ibis plat ho been appeared tba_day of 100_ •Bandtn Yen mawm.nL William P.Dmwn.Hennepin County Surveyor By:Bembny.en a.tnn.d R5O15TRAR OF TITLES,NEIIIIEPIII COUNTY.M1ttUE0OTA I hereby certify met the within plal el PIOIIEER POINT TOWNNOMES 7T11 ADDITION was filed for record in tins MNles Mil-day of HEDLUND :In BB . :_LB 28D .1_1.10Th_M. PUNNMNC LNdWfEIPiVU 5UXIf12NC Scale In Feet Mmh■.1 II.Cunnnf,Ra0isher of Inlet By: D.poly CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. F. Randy Slick Final Plat Approval of Lifetouch 2nd Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Lifetouch 2nd Addition. Synopsis This proposal is for the plat located at 11000 Viking Drive. The plat consists of 16.2 acres to be divided into one lot and one outlot. The project, a five-story, 157,000 square foot building expansion to the Lifetouch Headquarters,was completed in 2004. This is a replat of Lots 1 and 2, Block 1 and Outlot A, Lifetouch Addition. Background Information The preliminary plat was approved by the City Council on May 6, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 15, 2003. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,976.40 • Execution of Special Assessment Agreement for sidewalk improvements along Viking Drive • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of the final plat,Developer shall submit and receive approval of a Conservation Easement from the Environmental Coordinator. • Prior to release of the final plat, Developer shall submit and receive approval of a Trail Easement from the Director of Parks and Recreation Services. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF LIFETOUCH 2ND ADDITION WHEREAS, the plat of Lifetouch 2nd 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 Lifetouch 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 15,2005. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 March 15,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk LIFETOUCH 2ND ADDITION C.R. D❑C. Na \gin\\ °ta •�.�\\ SMETANA LAKE• \ '. .\ N ICq'S3'W Male \•s • ly \ ♦ p. .• me1QaYe RR RMEC10 NM Per I {1 1 4.z1) _131,]�l r`.._i >--® SWAGE BF1Nri1 a as/t.Lal-182 R QM NM 100 0 50 100 200 \ - -00- . Sa.i _MN, \ ., .. lEmm®M1R OAIRIRI-sMI O1Ra MW) 1 MN MI MOM IRIII 3.1 \ It S\\ `A;78 ri '''C;; c ❑UTL❑T A J - - SCALE IINFEET \'' �y .p.a \ �F96 aF woos--d al Theta ., •• �.� ,- , \ -r y; � � . 1EAO 7jb; yyy aWn,• • - \ \ • , Y; o DENOTES 1/2 RICH BY a INCH IRON 'i@" .. MONUMENT SET NW MARKED BY l/CENSE • =+ BLOCK 1 Ne n.1 LAW NO.17255. \ Y \ 'Sr d.\ y •DENOTES IRON MONUMENT FOUND. •°... LOT 1 rj�\• 3 \ ,..,...\.... " isl -`` ---- g,+�y BEARINGS STSIFJI SHOWN 5 ASSUMED sstesww •'°? aNI iDM _ -_-- r ----__-'",,_ n BENCH MARK:TOP NUT OF HYDRANT ON NORTH ------------ SIDE E NKING DRIVE APPROXIMATELY Y 750 FEET MS 3l3.aE SOUTHEASTERLY OF NORTHWEST CORNER OF LOT 1. ----------------- g ELEVATTONA867.10 FEET(NOVO 1929) i � ...., R�a3g0.05 L�1012% Mt3� • ,• NO 49+• DRAINAGE AND UTILITY EASEIA�S ARE SHOWN THUS: KNOW ALL MEN BY THESE PRESENTS:That Lderouch,Inc.,a Minnesota corporation,lee owner of Me following decaieed property situated In the EDEN PRAIRIE,MINNESOTA i of County of Hennepin.StateMinnesota to wit: This pat of UFETOUCH 2NO ADDITION was approved and accepted by the ay Council of the CM of Eden Prairie,Minnesota.at a regular meeting r10 �10 Lots 1 and 2.Block 1,and Outlot A.LIFETOUCH ADDITION.Hennepin County,Minnesota thereof held this_day of 200_If applicable.Me written commode and recommendations of he Commissioner of Transportation J li and the County Highway Engineer have been received by the City or the presolbed 30 day period has elapsed without receipt of such comments and Has caused the same to be surveyed and pMeed as LIFETOUCH 2ND ADDITION and does hereby donate end dedicate to the public for public use recommendations.as provided by Minnesota Statutes,Section 505.03,Subd.2. I lorever the easamene for&snag•and ad y proposes as shown on his plat. CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA BEND 10 FELT IN UM.uNLESS OTIERNSE In witness Meant see LBNouct,I._a Mnnesd e0 e cor0Oron has er these se oded e prenNtO be signed by MAMMOICATED,NO AO WR1FCf-en hit d .2005. LIES MD WY LIES AS SHOO ON THE __ ,Mayor RAT. SIGNED:Mamma Inc.,a Minnesota corporation .Manner By: as . TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY.MINNESOTA STATE OF MINNESOTA I Hereby certify that tares payable in and prior years have been paid for land described on this per.Dated the_day of .2005. COUNTY OF PATRICK H.OCONNOR,HENNEPIN COUNTY AUDITOR The foregoing instrument sues acknowledged before me this day of ,2005.by .as d UMW.Inc.,a Minnesota corporation.on behalf of he corporation. By. _ Dewy Notary Public, County,Minnesota SURVEY ONISION,HENNEPIN COUNTY.MINNESOTA My Commission Expires January 31.200_, Pursuant to MINN.STAT.SEC.36313.565(19691.tW plat has teen approved his_days .2005. I hereby certify hall have surveyed and plated the property described on hit plat es LIFETOUCH 2ND ADDITION:that tea perm a coned WILLIAM P.BROWN,HENNEPIN COUNTY SURVEYOR representadon d said survey:dot all demon are car.eay shown in feet and hundredths of e loot that MI monuments have been comedy plscad Sr the ground as shown or will be placed as ranked by the local governmental unit OW the outsee boundary What are correctly designated on said per;and there are no public highways rot be designated on the pat. By COUNTY RECORDER,HENNEPIN COUNTY,MINNESOTA • Retry D.Nelson,Land Surveyor.Minn.Lic.No.17255 I hereby certify that the within plat of LIFETOUCH 2ND ADDITION was Ned Sr ens office hit_day of .2005 at_o'clock_M. STATE OF MINNESOTA COUNTY OF ANOKA MICHAEL H.CUNNIFF,HENNEPIN COUNTY RECORDER The foregoing Surveyors Crdf N ems ednowMdged before me hit day d ,2005,by Henry D.Nelson.Land Surveys. By: Dewy Notary Pudic,Anoka County.al*. My Commission Expires Amery 31,2010. McCOMBS FRANK RODS ASSOCIATES,INC. S ENGINEERS AND LAND SURVEYORS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. G. Randy Slick Final Plat Approval of Flying Cloud Public Works/Engineering Center 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of Flying Cloud Center 2nd Addition. Synopsis This proposal is for the plat located at 11500 W. 78th Street. The property currently consists of two lots and this plat(1.29 acres)will combine the existing lots into one. The property, Eden Prairie Inn,has recently completed a building renovation and soon will begin construction of a pool building. This is a replat of Lots 1 and 2, Block 2, Flying Cloud Center. Background Information The preliminary plat was approved by the City Council on February 15, 2005. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on March 15, 2005. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$203.15 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of the final plat, Developer shall provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD 2ND ADDITION WHEREAS, the plat of Flying Cloud 2nd 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 Flying Cloud 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 15,2005. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 March 15,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk FL 1/A/C CLOUD CENTER 2N9 ADD/T/ON C.R. DOC. NO. 0*0.,ALL IEM it IIESE P*ESENTL Tat Cobh Prairie Lodpip.LLt_a whew..Lbeted LYWIty Conn.,.tee Aar come-of Zoe 4 Seek S. ♦—`• Ateth bar el'Lot L thee*4/2 SAG mow aWme---1 oars.emu Greet ouster.hm.Aberdeen.•South Ss Coepotstt.t.artpepee,et the Yeea.iq N a'iou ass Were-- t -W.IL. I desi•d peepers,lotus..a to County or Hennepin. Slots or trt•.to eit W L Y /6I./7 er I terse parts of Lots 1 orb 2.bock 2,flying Clad Center.accortenp to the record.Pees awns. I Ue pus Canty.nowt•.lying arth.esteely et thefe[ cribd e.i a des our hainsnp•t•pei t on the orbs hot of sold Let I...tent IN.e7 feet east or the hartbeest corner of sold Lot Ii thence sautheesterly pewesterlyM each the westerly line or pd Lets I oval eoa ee 2 to the strly sa of / n / o s Let 2 and sad line there tee.yn.thp lbw a se,tee oeM to N t.M ...Se. • "Metes es floes new Cotter Awe.s.Ktt.bar ea Amoy.Pb he•m, / V / •.•b.•lo to toe Poet tor.0 'be rpreem the,webers for•e•e••tse wed whets miss s u mom at/W Mt ••2.Yft.fame MA.ub,.Mt \, / IN,,... \'' / F Est Weed,ewe esM.R.ro'woo",L1.4•Morse&zemeo'ccnoe,CAas.7s m etee9r►,Ms tier_ Ike meth AM of Lot 4 Mee S ILIAC CLLW \ `Y / rwrn pereenes re to si•`ed b,aY Oar,.'Krpws mar_wr of mono m..M u...rd Meets at Ss97679Y. 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U M Ca eta,At me.awry Artaexxv M .SIM/7 U- CI 0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Randy Slick Final Plat Approval of Prairie Green 2nd Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Prairie Green 2nd Addition. Synopsis This proposal is for the plat located in the southeast quadrant of County Road No. 4 and Terrey Pine Drive. The plat consists of 7.2 acres to be divided into two lots and right-of-way dedication for street purposes. This is a replat of Lot 1, Block 1, Prairie Green. Background Information The preliminary plat was approved by the City Council on February 15, 2005. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on March 15, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$878.40 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Revision to plat shall include the right-of-way dedication of the west 10 feet of the north 100 feet of Lot 2,Block 1, Prairie Green 2nd Addition. • Revision to plat shall include standard drainage and utility easements along all lot lines and road right-of-way. • Prior to release of the final plat,Developer shall enter into a pond, storm sewer and maintenance agreement with Lot 2, Block 1, Prairie Green 2nd Addition. This agreement shall be recorded concurrent with the final plat. • Prior to release of the final plat,Developer shall provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 05- A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE GREEN 2ND ADDITION WHEREAS, the plat of Prairie Green 2nd 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 Prairie Green 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 15, 2005. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 March 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk ______ PRAIRIE GREEN SECOND ADDITION R.I. DOC. NO. DETAIL A ........ --..... NOT TO SCALE / 1 s's• C.R. DOC. NO. -.12-- ME I I ,,;•.'r',,,T . 4-;?' ''''' 1 1 1I-•-:-1-so,,,wr—--',•. dm, • PRANK WED/ 1 !..,_SOUTH(PLAT) , \ ..HMI PROM SOA•., _ I 432.70(NAT) l -- SOO.02.017 MEAS. 432.93 MEAS. '‘ I I I —\-0,1:z: \ SDI-1926V A.A I I-" '''', \ t!!F # / ,,,,,.;,.,.e utway...n.t4;--''C3,•=4. \ 4 / H-l'Oir:*9 PRAIRIE GREEN ' I 1 "CO'i 300.02.02"2(PLAT) 222.23(PUT) I I I .'...... _.....R'''. i:. . SO002'467 MEAS. 222.17 MEAS.I 1)(c, .t) ' .0 0 20 AO SO Wi 5 \s.. •"' = NS IIIIII N • • in SCALE Si MT I SA As•orlsohntlen AI MS Narks sysfrn 6 Os*sn 0 :.`i—--—--I a*nee*Oaf of MAW bad. C4 I. G 7 1 o-flonelm I/2 inah by 14 h. 0, 'a.44 I S.,..•.-. 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EDEN PRAIRIE ROAD--' ; 1 4 '''EDEN PRAIRIE ROAD .; A D N (..' 2 E :',' E l'i .". ; r; 1 i.i. . .. .. . .. ,:..., .,: .,:., :."..1 i (,' (.' :.-: l'i r ' 0.,NE IA Sec.17.E IN.R.V —----... .-——-,- 1---- r—------------—.i.— I ,...' t...' R T 11 ii A '.• 1 I , , 141T:011E1.1. 11'. li! 1 1 I 1 14 11 E IF i. A K E: 5 1 t I ii: I Fa4iii MIDWEST Land Surveyors&Civil Engineers.Inc. SHEET 2 or 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 96-5405 ITEM NO.: VIII. I. Rod Rue Approve Change Order No. 1 for the Public Works/Engineering CSAH 4 and Valley View Road Intersection Improvements Requested Action Move to: Approve Change Order No. 1 for the CSAH 4 and Valley View Road Intersection Improvements in the amount of$35,770.38. Synopsis This Change Order includes four(4) supplemental agreements that were prepared and approved by Hennepin County's Construction Division. A significant portion of the Change Order is the cost to demolish the single family home at 16213 Valley View Road and temporary signal modifications. The City of Eden Prairie will be responsible for$14,650.00 of this Change Order, with Hennepin County responsible for the balance. Background Information This project involves re-constructing three legs of this intersection,with double left-turn lanes on CSAH 4 (Eden Prairie Road) and a four-lane section on Valley View Road. The City of Eden Prairie is the contracting agency,with Hennepin County's Construction Division providing the construction administrative services. This project is financed with State Aid funds. Attachments • Change Order No. 1 • Supplemental Agreements Nos. 1-4 March 15, 2005 CHANGE ORDER NO. 1 Project: CSAH 4 (Eden Prairie Road) &Valley View Road Intersection Improvements City Project No. 96-5405 Contractor: Valley Paving, Inc. 8800 13th Avenue E. Shakopee,MN 55379 Owner: City of Eden Prairie/Hennepin County Construction Engineer: Hennepin County Transportation Department, Construction Division Hennepin County's Construction Division is providing the construction engineering for this project. They have prepared and approved four(4) Supplemental Agreements with Valley Paving, Inc. Since the City of Eden Prairie is the contracting agency with Valley Paving, Inc.,we also are required to approve the following changes: Supplemental Agreement No. 1 Description of the extra work: With the total acquisition of the single family home at 16213 Valley View Road,the existing house needed to be demolished. Cost of this extra work: Building Removal TOTAL=$27,500.00 Lump Sum Supplemental Agreement No.2 Description of extra work: The contractor was required to modify the location of the temporary signal poles, due to the location of electrical transmission lines. Cost of this extra work: Item Unit Qty Unit Price Amount Remove temporary pole Each 1 $ 178.00 $ 178.00 Install temporary pole Each 2 $ 400.00 $ 800.00 Furnish & install pedestrian button stations Each 2 $ 661.58 $1,323.16 Wire signal cabinet LS 1 $ 296.00 $ 296.00 Traffic barrier LS 1 $3,000.00 $3,000.00 Subtotal $5,597.16 Contractor markup(10%) LS $ 559.72 TOTAL $6,156.88 Change Order No. I I.C.#96-5405 Page 2 of 2 Supplemental Agreement No.3 Description of extra work: The contractor was required to install and maintain a rock construction entrance. Cost of this extra work: Rock Construction Entrance TOTAL= $1,800.00 Lump Sum Supplemental Agreement No. 4 Description of extra work: The contractor was required to disconnect the electrical service to the lights on Little Red property. Cost of this extra work: Disconnect Electrical Wiring Subtotal= $285.00 Lump Sum Contractor Markup (10%) $28.50 TOTAL TOTAL= $313.50 Original Contract Amount $1,694,930.86 Total Additions—Change Order No. 1 $ 35,770.38 Contract Amount To-date $1,730,701.24 The Supplemental Agreements Nos. 1 through 4 have been approved and accepted by Hennepin County and Valley Paving,Inc. (see attached Supplemental Agreements). THE ABOVE CONTRACT CHANGES ARE APPROVED: CITY OF EDEN PRAIRIE By By Mayor City Manager Date Date SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY SUPPLEMENTAL AGREEMENT NO. 01 TRANSPORATION DEPARTMENT CONTRACT NO. CONSTRUCTION DIVISION COUNTY PROJECT NO.9726 COUNTY STATE AID HIGHWAY 4 SAP 27-604-014 LOCATION: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete Curb& Gutter,Storm Sewer,Traffic Signal,and Bituminous Surfacing CONTRACTOR: Valley Paving,Inc. 8800 13th Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things,grading,bituminous surfacing,and clearing and grubbing;and WHEREAS: The plans and specifications specified that an existing house within the project limits to be demolished and removed by others; and WHEREAS: Hennepin County requested that the Contractor demolish and remove the house;and WHEREAS: The contract did not have bid items for the demolition and removal of the house. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall demolish and remove the house located at 16213 Valley View Road. 2. The contractor shall submit the required notices to the MPCA prior to demolishing the house and • obtain the required permits to the city of Eden Prairie. 3. The contractor shall remove the house and foundation. 4. The contractor shall backfill and compact the foundation hole with suitable material. 5. Payment for the above said work shall be by the negotiated Lump Sum price as shown below under the Estimate of Cost. 6. Contract time will not be adjusted except as provided in Mn/DOT Specification 1806. 1 of anykind or character whatsoever for any other costs or 7. The contractor shall not make clean expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 8. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item Unit Qty Price Amount 2103.501 Building Removal L.S. 1 $27,500 $27,500 Total for SA 1 $27,500 Cost Distribution: 50%to Group 1 Hennepin County 50%to Group 5 City of Eden Prairie • Contractor,having signed this contract,and the County having duly approved this contract on ,2004,pursuant to such approval and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth COUNTY OF HENNEPIN STATE OF MINNESOTA Appr ved as to form• By: }11= By: sistant County Attorney Assistant Co Administrator,Public Works cVIO (a y Date: RECOMMENDED FOR APPROVAL: Approved as to execution: B ' Director,Transporta 'on Department and By: 1 County Engineer `sistant County Attorney Date: 4 � o B . 1� ' Y 9 Project Engineer VALLEY PAVING C. By: rd A. Carron President And: Its: VALLEY PAVING,INC. STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) This foregoing instrument was acknowledged before me on November 16 ,2004 byRichard A. Carron as Pres. and of le i P v' Notary Publi 1uI%. CAROLJ.JOHNSOW.KADRIL2 /2005 My commission expires: NOTARY PUBLIC-MINNESOTA M Y Commission Expires 1-31-05 3 SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY SUPPLEMENTAL AGREEMENT NO. 02 TRANSPORATION DEPARTMENT CONTRACT NO. CONSTRUCTION DIVISION COUNTY PROJECT NO.9726 COUNTY STATE AID HIGHWAY 4 LOCATION: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete Curb& Gutter,Storm Sewer,Traffic Signal,and Bituminous Surfacing CONTRACTOR: Valley Paving,Inc. 8800 13th Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things,grading,bituminous surfacing,and installation of a temporary signal;and WHEREAS: The plans and specifications showed the location of the temporary poles;and WHEREAS: The contractor installed one pole as shown in the plans;and WHEREAS: The location of two poles are in direct conflict with electrical transmission lines;and WHEREAS: The poles for the temporary signals have to be minimum 10 feet from the transmission lines;and WHEREAS: It is necessary to place two poles in the northbound lane of CSAH 4; and WHEREAS: The pole that was installed was relocated from the original location to the northbound lane of CSAH 4 south of Valley View Road;and WHEREAS: Another pole was installed in the northbound lane of CSAH 4 north of Valley View Road;and WHEREAS: The poles have to be protected from the traffic by placing plastic water barriers;and WHEREAS: Push Button Stations are required to be installed in the northeast and southeast corners of the intersection. 1 NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall remove and reinstall the temporary pole in the northbound lane of CSAH 4. 2. The contractor shall install another pole in the northbound lane of CSAH 4. 3. The contractor shall place plastic barrier adjacent to the two poles. 4. The contractor shall provide two pedestrian push button poles on the east side of CSAH 4. 5. Payment for the above said work shall be by the negotiated price as shown below under the Estimate of Cost. 6. Contract time will not be adjusted except as provided in Mn/DOT Specification 1806. 7. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 8. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item Unit Qty Price Amours 2104.509 Remove Temporary Pole Each 1 $178.00 $178.00 2565.602 Install Temporary Pole Each 2 $400.00 $800.00 2565.602 Furnish and Install Each 2 $661.58 $1,323.16 Pedestrian Button Stations 2565.601 Wire Signal Cabinet LS 1 $296.00 $296.00 2563.601 Traffic Barrier LS 1 $3,000.00 $3,000.00 Subtotal $5,597.16 2563.601 Contractor Markup 10% LS $559.72 Total for SA 2 $6,156.88 Group l -50—100%County • Group 3—50— 100%County 2 Contractor,having signed this contract,and the County having duly approved this contract on ,2004,pursuant to suoh approval and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF SOTA Appr ved as to for : 27-f- By: �� By: .r istant County Attorney Assistant Co Administrator,Public Works Date: t ( la 10 I RECOMMENDED FOR APPROVAL: Approved as to execution: '�`' • Dir ctor,T ' ports on Department and By: . �• County Engineer A i istant County Attorney Date: 14).{() ( By: � By: Project Engineer VALLEY PAVIN C. By: rd A. arron s: President And: Its: VALLEY PAVING,INC. STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) This foregoing instrument was acknowledged before me on No r 16 ,2004 by Richard A. Carronas Pres: all and of pc$ CAROL J.JOHNS KppR11.1K Notary Publ' r ,r OM` 4" NOTARY PUBLIC- TA /2005 I Nl N�ESO ` M Commtsslon M My commission expires: 3 SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY SUPPLEMENTAL AGREEMENT NO. 03 TRANSPORATION DEPARTMENT CONTRACT O O.PROJECT NO.9726 CONSTRUCTION DIVISION COUNTY STATE AID HIGHWAY 4 LOCATION: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete Curb& Gutter, Storm Sewer,Traffic Signal,and Bituminous Surfacing • CONTRACTOR: Valley Paving,Inc. 8800 13th Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things, grading,bituminous surfacing,and clearing and grubbing; and WHEREAS: The plans and specifications showed the location of a retention basin to be excavated; and WHEREAS: The contractor hauled material to and from the area of the sedimentation basin;and WHEREAS: The trucks were carrying dirt onto CSAH 4;and WHEREAS: No rock construction entrance was specified to be placed in the area of the trucks entering CSAH 4; and WHEREAS: Hennepin County requested that a rock construction entrance be placed in the are trucks were entering CSAH 4;and WHEREAS: The plans did not have a bid item for a rock construction entrance. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall install and maintain a rock construction entrance at a location determined by the engineer. 2. Payment for the above said work shall be by the negotiated Lump Sum price as shown below under the Estimate of Cost. 3. Contract time will not be adjusted except as provided in Mn/DOT Spe cification cation 1806. 1 4. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 5. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item Unit Oty Price Amount 2540.602 Rock Construction Entrance Each 1 $1,800.00 $1,800.00 Total for SA 3 $1,800.00 • Group 3 -50%to S.A.P.27-604-14(County) Group 7-50%to S.A.P. 181.020-25 (City) • Contractor,having signed this contract,and the County having duly approved this contract on ,2004,pursuant to such approval and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Appr ved as to form and execution: By: 'r ' By: tittir<- %,-41"; A -istant County Attorney Manager, Construction Division Date: 0-1 o Recommended for approval: By:_172g Project Engineer VALLEY PAVING C. By: President And: Its: VALLEY PAVING,INC. STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) No This foregoing instrument was acknowledged before me on 1 6 2004 by Richard A. CarrOras Pres. and of Vail,. - nc. NotaryPubic / VA/ /� .,. CAROL J.JOHNSON-KADRIUK My commission expires: ' 2005 :x: '�� NOTARY PUBUC-MINNESOTA `''� My Commission Expires 1-31-05 3 SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY SUPPLEMENTAL AGREEMENT NO. 04 TRANSPORATION DEPARTMENT CONTRACT NO. CONSTRUCTION DIVISION COUNTY PROJECT NO.9726 SAP 27-604-014 COUNTY STATE AID HIGHWAY 4 • LOCATION: CSAH 4 and Valley View Road Intersection in the City of Eden Prairie CLASS OF WORK: Grading,Concrete Curb&Gutter, Storm Sewer,Traffic Signal,and Bituminous Surfacing CONTRACTOR: Valley Paving,Inc. 8800 13th Avenue E. Shakopee,MN 55379 This Contract is amended as follows: WHEREAS: This contract provides for,among other things, grading,bituminous surfacing,and reconstruction of driveways;and WHEREAS: The plans and specifications showed the limits to reconstruct the driveway for Lil Red gas station; and WHEREAS: Three lights were in the area that had to be reconstructed; and WHEREAS: The lights had to be relocated so to continue with the reconstruction; and WHEREAS: The electrical power to the lights had to be disconnected; and WHEREAS: The plans did not have a bid item to disconnect the electrical wiring. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The contractor shall disconnect the electrical wiring to the lights. 2. Payment for the above said work shall be by the negotiated price as shown below under the Estimate of Cost. 3. Contract time will not be adjusted except as provided in Mn/DOT Specification 1806. 4. The contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 1 5. Except as provided herein,all terms and conditions in said contract thereto shall remain in full force and effect. ESTIMATE OF COST Unit Item No. Item Unit Oty Price Amount 2545.601 Disconnect Electrical Wiring LS 1 $285.00 $285.00 Subtotal $285.00 Contractor Markup 10% $28.50 Total for SA 4 $313.50 Cost Distribution: Group I -State Aid 100%County 2 Contractor,having signed this contract, and the County having duly approved this contract on 2004,pursuant to such approval and the proper County official having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF NIINNESOTA Approved as to form and execution: By /44•-• may: istant County Attorney Manager,Construction Division Date: Via`Dg • Recommen d for approval: By: �:�✓ Project Engineer VALLEY PAVIN INC. By: and A. Carron ts: President And: Its: VALLEY PAVING,INC. STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) This foregoing instrument was acknowledged before me on November 16 ,2004 byRichard A.Carrwa. Pres. and #0,,.;;r4.4 Notary Pub1ic L/ • !`' CAROLJ.JOHNSON-KADRIUK ��"' "' . r NOTARY PUBUC-MINNESOTA My commission expires: 1 31 /2005 • { My Commission Expires 1-31-05 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 93-5305 ITEM NO.: VIIL J. Approve Cooperative Design-Build Rod Rue Construction Agreement with MnDOT for Public Works/Engineering the TH 312(Proposed TH212)Project from CSAH 4(Eden Prairie Rd.)to existing TH 212 near Carver County Road 147. Requested Action Move to: Adopt resolution approving the TH 312 (Proposed TH 212) Cooperative Design-Build Construction Agreement with MnDOT for the TH 312/TH 212 Project from CSAH 4(Eden Prairie Road)to existing TH 212 near Carver County Road 147. Synopsis This Agreement defines the construction, maintenance and financial responsibilities associated with the TH 312/TH 212 Design-Build Project. The City of Eden Prairie is responsible for the costs of the following items: • Walkway and bridge walkway construction on Dell Road • Turn lane construction on Dell Road and Scenic Heights Road • Roadway construction on Scenic Heights Road • Trail construction along Miller Parkway West and Scenic Heights Road • Drainage construction along Scenic Heights Road(Pond 1296R) • Signal construction on Dell Road • Design and construction engineering delivery costs MnDOT has estimated our share of the costs and has proposed a lump sum amount of $1,511,320.70 for all the items listed above. We will also be responsible for utility costs associated with the project,which is covered under a separate Master Utility Agreement (approved by the City Council on October 19, 2004). With the exception of$21,280.00 and utility costs associated with the project, our share of the project costs will be financed with State Aid funds. One issue under consideration when Municipal consent was granted was the structure type at Riley Creek. Through the"Request for Proposal"process,twin bridges were selected to span Riley Creek(north of Bearpath). The selection of bridges over Riley Creek will alleviate many of the concerns of the adjacent residents, as opposed to the originally proposed arch/bebo structure. At the time of Municipal consent approval, MnDOT's"good faith"estimate was $1,136,223.00. Since that time, we have added a north-bound right turn lane on Dell Road at Linwood Court and traffic signals at the Dell Road and TH 212 ramp intersections. As a result, our lump sum share increased to $1,511,320.70. Background Information This TH 312/TH 212 design-build project was given Municipal consent by the Eden Prairie City Council on February 17, 2004. The cost proposals were opened on March 4, 2005 with a contract award anticipated in May 2005. Construction is anticipated to begin in June 2005 with completion of the entire project by 2008. Attachments: • Resolution • Cooperative Design-Build Construction Agreement#87186-R CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- APPROVE TH 312 (PROPOSED TH 212)COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT FOR THE TH 312 (PROPOSED TH 212)PROJECT FROM CSAH 4 (EDEN PRAIRIE ROAD)TO EXISTING TH 212 NEAR CARVER COUNTY ROAD 147 (LC. 93-5305) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements on TH 312 (Proposed TH 212) from CSAH 4 (Eden Prairie Road) to existing TH 212 near Carver County Road 147;and WHEREAS, the City of Eden Prairie has given layout approval/municipal consent of said improvements;and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Cooperative Design-Build Construction Agreement that identifies ownership, construction, maintenance and financial responsibilities for said TH 312/TH 212 project; and WHEREAS, said Agreement provides two lump sum payments totaling$1,511,320.70 by the City to the State as the City's share of the costs of the walkway, bridge walkway, turn lane, roadway, trail, drainage and signal design and construction and other associated design and construction to be performed upon, along and adjacent to the new TH No. 312 (Proposed TH 212) within the corporate City limits under State Project No. 1017-12(TH 312=260). NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Cooperative Design-Build Construction Agreement No. 87186-R for State Project Nos. 1017-12 and 1017-12C (TH 312=260) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on March 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT 87186-R S.P. 1017-12 (T.H. 31.2=260) (Proposed US 212) S.P. 1017-12C (T.H. 312=260) (Proposed US 212) Fed. Proj . NH 0212 (308) S.A.P. 10-610-35, S.A.P. 10-615-07 S.A.P. 10-614-05, S.A.P. 10-617-16 S.A.P. 10-618-11 S.A.P. 181-113-05, S.A.P. 181-105-05 S.A.P. 194-020-06, S.A.P. 194-010-07 S.A.P. 194-104-03, S.A.P. 194-112-02 S.A.P. 196-020-03, S.A.P. 196-010-13 S.A.P. 196-108-03 The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Eden Prairie (None) Re: City lump sum payment for walkway, bridge walkway, turn lane, roadway, trail, drainage, and AMOUNT RECEIVABLE signal construction by the State on T.H. 312 (Proposed US T.H. 212) $1,511,320.70 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 1 • • 87186 WHEREAS, the State is about to perform grading, surfacing, noise berms, noise walls, ponds, signals, lighting, signing and bridge design and construction and other associated construction upon, along and adjacent to the new Trunk Highway No. 312 (Proposed US Trunk Highway No. 212) from existing Trunk Highway No. 312 and Eden Prairie Road (Hennepin County State Aid Highway No. 4) to 0.75 miles west of the intersection of existing Trunk Highway No. 212 and Carver County Road No. 147. in accordance with State plans, specifications and special provisions designated as State Aid Projects No. 10-610-35, No. 10-615-07, No. 10-614-05, No. 10-617-16, No. 10-618-11, No. 181-113-05, No. 181-105-05,No. 194-020-06, No. 194-010-07, No. 194-104-03, No. 194-112-02, No. 196-020-03, No. 196-010-13, • No. 196-108-03, and State Projects No. 1017-12 and No: I017-12C (T.H. 312=260) and in the records'of the Federal Highway Administration as Minnesota Project NH 0121 (308) ; and WHEREAS, the State has requested participation by the City in the costs of walkway and bridge walkway construction on Dell Road; turn lane construction on Dell Road and Scenic Heights Road; roadway construction on Scenic Heights Road; trail construction along Miller . Parkway West and Scenic Heights Road; drainage construction along Scenic Heights Road (Pond•'1296R) ; signal construction on Dell Road; and all design and construction engineering delivery costs associated with- this contract; and. • • WHEREAS, the City has expressed its willingness to participate in the costs of the walkway and bridge walkway construction on Dell Road; turn lane construction on Dell Road and Scenic Heights Road; roadway construction on Scenic Heights Road; trail construction along Miller Parkway West and Scenic Heights Road; drainage construction along. , Scenic Heights Road (Pond 1296R) ; signal construction on Dell Road and associated design and construction engineering delivery costs in an amount equal to $1,511,320.70 as hereinafter set forth; and 2 • 87186 WHEREAS the design and construction engineering delivery costs associated with this contract include, completing the remaining 700 of design, construction management, surveying, traffic control, mobilization, warranties, co-housing, and public involvement, all performed by the Design Build team, , along with State contract verification costs, including design and construction verification reviews; and WHEREAS the design and construction engineering delivery costs will be 25% of the construction costs; and . WHEREAS the lump sum cost shown on page one of this agreement includes all design and construction engineering delivery costs associated with the City's portion of the contract; and WHEREAS the design and construction requirements for Utility work to be performed under State Project No. 1017-12 will be covered under a separate Master Utility Agreement; and WHEREAS in connection with the State contract, the Carver County, City of Chanhassen, and City of Chaska requested construction will be covered under Agreements No. 87185, No. . 87187 and No. 87188 respectively between the State and the respective parties; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY.AGREED AS FOLLOWS: . ARTICLE I - CONSTRUCTION BY THE STATE • Section A. Contract Award The State shall advertise for technical and price proposals and award a design-build contract to the "Best Value Proposer" for State 3 87186 Projects No. 1017-12 and No'. 1017-12C (T.H. 312=260) (Proposed US Trunk Highway .No. 212) in accordance with the State Request for Qualifications and Request for• Proposal documents (these documents include the City approved layout and requested right turn lane on Dell Road and signals at the ramp intersections) , which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully "set forth herein. • Section B. Direction of Design-Build Construction The State shall direct all design-build activities performed under the design-build contract, and oversee all construction engineering and inspection functions in connection with the design-build contract construction. All design-build construction. shall be performed in compliance with the State's Request for Proposals, the Contractor's technical proposal, and approved plans. • Section C. Plan Changes, Additional Construction, Etc. The State may request the Contractor to make. changes in the design and/or contract construction and enter into any necessary addenda, change orders and supplemental agreements with the States. Contractor that are necessary to cause the design and construction to be performed and completed in a satisfactory manner. The State's District Engineer at Roseville or his authorized representative will coordinate with the appropriate City official for any proposed addenda, change orders and supplemental agreements that affect the City cost participation design and construction. Section D. Satisfactory Completion of Design-Build Contract. The State shall perform all other acts and functions necessary to cause the design-build contract to be completed in a satisfactory manner. If the City believes the City cost participation design or 4 • • 87186 construction has not been properly performed or that the design or construction,is defective, the City shall inform the State District -Engineer's authorized representative in writing of those defects. Any recommendations made by. the City are. not binding on the State. The State shall have the exclusive right to determine whether the State's Contractor has satisfactorily performed ,the City cost • participation design and construction covered under this Agreement. Final acceptance by the State of the completed design-build contract construction shall be final, binding and conclusive upon the City as to the satisfactory 'completion of the design-build contract construction. • ARTICLE II - PAYMENT BY THE CITY The City shall advance to the State, as the City's full and complete share of the costs of the walkway and bridge walkway construction on Dell Road; turn lane construction .on Dell Road and Scenic Heights Road; roadway construction on Scenic Heights Road; trail construction along Miller Parkway .West, and Scenic Heights Road; drainage construction along Scenic Heights Road (Pond 1296A) ; signal construction on Dell Road and associated design and construction engineering delivery costs to be performed upon, along and adjacent to the new Trunk Highway No. 312 within- the corporate City limits under State Project No. 1017-12 (T.H. 312=260) , a lump sum in the amount of $1,511,320.70. The City shall .advance to the Commissioner of Transportation the City's lump sum amount in accordance with the Advance Payment Schedule. Advancement by the City shall be made after the following conditions have been met: • A. Execution and approval of this Agreement and the State's transmittal of it to the City. 5 87186 B. Award of the construction contract for the construction to be performed hereunder. C. Receipt by the City of a written request from the State for the advancement of funds. • ADVANCE PAYMENT SCHEDULE First Payment: Upon award of the design-build contract to the successful proposer, and the City's receipt of a written request from . the State, the City will pay to the State an amount equal $755,660.35. Second Payment: On or before April 30th 2006 and the City's receipt of a written request from the State, the City will pay to the State an amount equal $755, 660.35. It is anticipated that each of the payments made by the City in • accordance with the Advance Payment Schedule shall provide payment in full prior to the performance of any of the City cost participation construction for which that payment was made. It is also anticipated that the final payment by the City will be prior to the completion'of the construction contract. ARTICLE III - GENERAL PROVISIONS Section A. Design Build. Contract Changes The City may request changes in the design build contract. If the State determines that the requested changes are necessary or desirable, the State will cause those changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State 6 87186 or the State's contractor, except for replacement of castings and parts broken or damaged by the State's contractor. Section C. Utility Permits Upon the City's receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that. are upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . All utility costs associated with State Project No. 1017-12 shall be agreed upon in a separate Master Utility Agreement. Section D. Maintenance by the City The City of Eden Prairie shall be responsible for all snow and ice maintenance activities on Dell Road, Miller Parkway West, Scenic Heights Road and trails for the project duration. Upon satisfactory completion of the Dell Road, Miller Parkway West, and Scenic Heights Road construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of. the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of the Dell Road bridge construction over the new Trunk Highway No. 312 to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the bridge roadway, walk, and 7 • • • 87186 trails without cost or expense to the State. Maintenance shall include sweeping, snow, ice and debris removal necessary to perpetuate the bridge roadway, walk, and trail in a safe and usable condition. The State shall be responsible for inspection and structural maintenance of the bridge, including concrete surfacing, railings, and guardrail from bridge approach panel to bridge approach panel. • Upon satisfactory completion of the City-owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the- proper maintenance of those utilities, without cost or expense to the State. Upon satisfactory completion of the walkways construction to be • performed within the corporate City limits under the construction contract, the •City shall provide for the proper routine maintenance of the walkways, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways in -a safe and usable condition. Upon satisfactory completion of the trail construction to be performed within the corporate City limits under the construction contract, the City shall provide for. the proper routine maintenance of the trails, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice. and debris removal, patching; crack repair, mowing, trimming, signing, pavement marking, and any other maintenance activities necessary to perpetuate the trails in a safe and usable condition. Upon satisfactory completion of the pedestrian bridge at Miller Park and trail construction under the new Trunk Highway No. 312 at Riley • Creek within the corporate City limits under the construction 8 • 87186 contract, the City shall provide for the maintenance of the pedestrian bridge at Miller Park and trails in accordance with the Limited Use Permit on file in the office of the State's District Engineer. The City accepts all future maintenance and replacement costs for these facilities. Upon satisfactory completion of the noise walls and berms constructed under the design-build construction contract and within the corporate city limits, the City shall provide for the proper maintenance of the non-trunk highway sides of the noise walls and berms without cost or expense to the State. " Maintenance shall include removal of graffiti, erosion of slopes, maintenance of vegetation and any other maintenance necessary to perpetuate these items in a safe and usable condition. The State shall provide maintenance for the trunk highway " side of noise walls and berms. Noise walls and berms, included in the design-build contract that need repair or replacement, as determined by the State, due to aging, deterioration or damage caused by errant d: vehicles, will be replaced by the State when prioritized and funded under the State Transportation Improvement Program. Section E. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so.from the other party. The drainage • areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics. Engineer at Roseville and is incorporated into this Agreement by reference. 9 • 87186 Section F. Future Responsibilities Upon satisfactory completion of Dell Road, Scenic Heights Road and Miller Parkway West and trail construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of those roadways and trails and all of the facilities (except for the Dell Road Bridge) a part thereof constructed hereunder, without cost or expense to the State. Section G. Release and Conveyance of Roadways and Trails The State shall, upon satisfactory completion of Dell Road, Scenic Heights Road and Miller Parkway West road and trail construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the City a "Notice of Release" placing those roadway and trail portions under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, . the State shall. convey to the City all right, title and interest of the State in those roadway and trail portions. Upon receipt of that "Notice of Release", the City shall become the road authority responsible for the roadway and trail portions so released. Section H. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C. 05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. • • • 10 • • 87186 Section I. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section J. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE IV - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. • The City's Authorized Agent for the purpose of the administration of this Agreement is .Rodney W. Rue, Assistant City, Engineer, or his • successor. His current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344, (952) 949-8314. 11 87186 ' IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION Recommended for approval: By By Mayor District Engineer Approved: Date By State Design Engineer By City Manager Date Approved as to form and execution: Date By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date • 12 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 93-5305 ITEM NO.: VIII. K. Rod Rue Approve Two (2) Temporary Easements Public Works/Engineering Associated with the TH 312 (Proposed TH 212)Project. Requested Action Move to: Approve two (2)temporary easements on City-owned outlots adjacent to Dell Road for construction of the TH 312 (Proposed TH 212)Project. Synopsis These two easements grant MnDOT partial use of Outlots C and D, Hawthorne of Eden Prairie and Outlot B, Hawthorne Carriage Homes along Dell Road for the purpose of re-constructing Dell Road with the TH 312 /TH 212 Project. MnDOT will pay the City of Eden Prairie a total of$36,450.00 for these easements. Both easements expire on or before December 1, 2009. Attachments • Temporary Easement Documents (2) TEMPORARY EASEMENT C.S. 2762(312=260)901 // Date: --a2uf 7 2005 Parcel E. � County of Hennepin For and in consideration of the sum of 22f1/e- 7ou5i9-NN �rt i- Dollars($ 4o so.oo ), City of Eden Prairie,a municipal corporation under the laws of the state of Minnesota, Grantor,hereby grants to the State of Minnesota,Grantee,a temporary easement to be used for highway purposes on all that part of the following described property in Hennepin County, Minnesota: All of the following: A temporary easement for highway purposes in that part of Outlot B, HAWTHORNE CARRIAGE HOMES,shown as Parcel 11 E 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,by the temporary easement symbol,said easement shall cease on December 1,2009,or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Grantor is the owner of the above described premises and has the lawful right and authority to convey and grant the temporary easement herein granted. The said Grantor does hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by this temporary easement and for its use,or any claims for damages to the fair market value of the remaining property of Grantor caused by the use of the temporary easement,including grading and removal of materials from said easement area for highway purposes. Notwithstanding the foregoing, Grantor does not release any claims it may have as a result of the negligence of the Grantee, its agents or contractors, in conducting any of the above activities. CITY OF EDEN PRAIRIE By Its Mayor And Its City Manager 9 STATE OF MINNESOTA )ss• COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,by and the Mayor and the City Manager 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: This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, 1500 W.County Rd.B2 Roseville, Minnesota 55113 TEMPORARY EASEMENT C.S.2762(312=260)901 Parcel 11 F Date: -��8Ru4-xy /1, ADS County of Hennepin For and in consideration of the sum of 77/1R7 - Fv� 7i`/ou5D au2 //uNDRgi Dollars($ 3574/ce;:do ), City of Eden Prairie,a municipal corporation under the laws of the state of Minnesota, Grantor,hereby grants to the State of Minnesota,Grantee,a temporary easement to be used for highway purposes on all that part of the following described property in Hennepin County, Minnesota: All of the following: A temporary easement for highway purposes in that part of Outlots C and D, HAWTHORNE OF EDEN PRAIRIE,shown as Parcel 11F 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,by the temporary easement symbol,said easement shall cease on December 1,2009,or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Grantor is the owner of the above described premises and has the lawful right and authority to convey and grant the temporary easement herein granted. The said Grantor does hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by this temporary easement and for its use, or any claims for damages to the fair market value of the remaining property of Grantor caused by the use of the temporary easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the foregoing, Grantor does not release any claims it may have as a result of the negligence of the Grantee, its agents or contractors,in conducting any of the above activities. CITY OF EDEN PRAIRIE By Its Mayor And Its City Manager STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me this day of ,by and ,the Mayor and the City Manager 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: This instrument was drafted by the State of Minnesota,Department of Transportation, Metro Right of Way, 1500 W.County Rd. B2 Roseville, Minnesota 55113 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 93-5305 ITEM NO.: VIII. L. Approve Traffic Control Signal Agreement Randy Newton with MnDOT for Traffic Signals on Dell Public Works/Engineering Road at the North and South Ramps of the TH 312(Proposed TH 212)interchange. Requested Action Move to: Adopt resolution approving Traffic Control Signal Agreement No. 87653M with MnDOT for the traffic signals on Dell Road at the North and South Ramps of the TH 312 interchange. Synopsis This Agreement defines the maintenance, operation and electric energy requirements for the traffic signals that will be installed on Dell Road at the TH 312 (Proposed TH 212) interchange. With this agreement the City of Eden Prairie will be responsible for the minor maintenance and electrical energy costs at the Dell Road/TH 312 North Ramp/Linwood Court and Dell Road/ TH 312 South Ramp traffic signals. Background Information MnDOT is proposing to make improvements on TH 312 (Proposed TH 212) from CSAH 4 (Eden Prairie Road)to existing TH 212 near Carver County Road 147. The project requires new traffic control signals be constructed at the TH 312 ramp terminals at Dell Road. In order to define the maintenance responsibilities of each party MnDOT has prepared an agreement that meets the needs of both MnDOT and the City of Eden Prairie. With this agreement the City of Eden Prairie will be responsible for paying the electrical energy and performing the minor maintenance at the two new traffic signal locations. This is typical for a project of this type and is consistent with the current practices of all parties. Attachments: • Resolution • Traffic Control Signal Agreement#87653M CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87653M WITH MnDOT FOR THE PROPOSED TRAFFIC SIGNALS ON DELL ROAD AT THE NORTH AND SOUTH RAMPS OF THE TH 312 (PROPOSED TH 212)INTERCHANGE (LC. 93-5305) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements on TH 312 (Proposed TH 212) from CSAH 4 (Eden Prairie Road) to existing TH 212 near Carver County Road 147; and WHEREAS, the TH 312 project requires new traffic control signals at the TH 312 ramp terminals at Dell Road;and WHEREAS,the Minnesota Department of Transportation (MnDOT) and the City of Eden Prairie has determined that it is in the public's best interest to prepare the traffic signal agreement;and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Traffic Control Signal Agreement that identifies the maintenance, operations, and electrical energy requirements for the proposed traffic signals at the Dell Road / TH 312 North Ramp / Linwood q p g p Court and Dell Road/TH 312 South Ramp traffic signals. NOW,THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Traffic Control Signal Agreement No. 87653M for State Project 1017-12 (City Project 93-5305) is hereby approved, and the Mayor and City Manager are authorized to execute the said Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on March 15,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87653M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE TO Provide Maintenance and Electrical Energy for the new Traffic Control Signals with Street Lights, Emergency Vehicle Pre- emption, Signing, and Interconnect on Trunk Highway 212 at Dell Road/Linwood Court, North Ramp, and Trunk Highway 212 at Dell Road, .South Ramp, in Eden Prairie, Hennepin County, Minnesota. S.P. 1017-12 I. C. #93-5305 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise\Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) , and the City of Eden Prairie, (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties have determined that there is justification and it is in the public's best interest to install new traffic control signals including street lights, signing and • Interconnect, (Traffic Control Signal (s) ) on Trunk Highway 212 at Dell Road/Linwood Court, North Ramp and on Trunk Highway 212 at Dell Road, South Ramp. • The City requests and the State agrees to the installation of Emergency Vehicle Pre-emption Systems, (EVP System(s) ) as a part of the new Traffic Control Signal installations. It is considered in the public's best interest for the State to provide two new cabinets and control equipment (State. Furnished Materials) to operate the new Traffic Control Signals. • 87653M 1 The City and the State will participate in the maintenance • and operation of the new Traffic Control Signals and EVP Systems. CONTRACT 1. The State will prepare the necessary plan, specifications and proposal, (Preliminary Engineering) . The State will also perform all necessary construction inspection, (Construction Engineering) . 2. The State, with its own resources or by contract, will - install new Traffic Control Signals and EVP Systems on Trunk Highway 212 at Dell Road/Linwood Court, North Ramp (System "A") , • and on Trunk Highway 212 at Dell Road, South Ramp (System "B") , pursuant to the plans and specifications for State Project No. - 1017-12 and Improvement Contract #93-5305. The cost participation for the new Traffic Control Signals, EVP Systems, and Interconnect pay items (including State Furnished Materials) for this project will be covered in Municipal Agreement No. 87186, between the City and the State. 3. Upon completion of this project, the responsibility for the new Traffic Control Signals is as follow: a) The City will, at its cost and expense: (1) relamp the new traffic control signals; (2) clean and paint the new traffic control signals, cabinets, and luminaire mast arm extensions; (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary; and (4) relamp the 87653M 2 • • street lights; and b) The State will, at its cost'and expense, maintain the signing and interconnect, and perform all other traffic control signal and street light maintenance. 4. The City will be responsible for the cost and application to secure an adequate power supply to the service pads or poles. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new Traffic Control Signals and EVP Systems. 5. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems will be performed by the State. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, • Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will -provide the State's Metropolitan District • Engineer or his designated representative a list of all vehicles with emitter units. 87653M 3 • c) Malfunction of the EVP System(s) must be reported to the State immediately. d) In the event the EVP System(s) or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after :the City receives written notice from the State, the State may remove the EVP System(s) . Upon • removal of the EVP System(s) pursuant to this Paragraph, all of its parts and components become the property of the State. e) All timing of the EVP Systems will be determined by the State. 6. Each party will be solely responsible for its own acts and omissions, and .the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. The City's liability 'is governed by Minnesota Statutes Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 87653M 4 - 7. All timing of the new Traffic' Control Signals will be determined by the State, and no changes may be made except with th the approval of the State. 8. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original • Agreement, or their successors in office. 9. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 10. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, 87653M 5 Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 13. The State's obligation ,to perform any work, or to let a Contract for the performance of the work, on the State Project referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. • 87653M 6 CITY OF EDEN PRAIRIE By: Mayor Date: By: Title: Date: 87653M 7 • DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: By: Metropolitan District State Design Engineer Engineer Date: COMMISSIONER OF ADMINISTRATION As to form and execution: As delegated to Materials Management Division By: Contract Management • By: Date. Date: 87653M 8 RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: • Provide Maintenance and Electrical Energy for the new Traffic Control Signals with Street Lights, Emergency Vehicle Pre-emption, Signing, and Interconnect on Trunk Highway 212 at Dell Road/Linwood Court, North Ramp, and on Trunk Highway 212 at Dell Road, South Ramp, in accordance with the terms and conditions set • forth and contained in Agreement No. 87653M, a copy of which was before the Council. • • BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized meeting thereof held on the day of - , 2005, as shown by the minutes of said meeting in my possession. By: • • Title: (Seal) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 98-5474 ITEM NO.: VIII. M Alan Gray Approve Mediation Agreement, Change Public Works/Engineering Order No. 2 and Pay Estimate No. 7 (Final) for Crestwood Terrace Street and Utility Improvements Requested Action Move to: Approve Mediation Agreement, Change Order No. 2 and Pay Estimate No. 7 (Final) for Crestwood Terrace Street and Utility Improvements Synopsis On February 23, 2005 City staff and representatives of S.J. Lewis Construction, Inc. participated in the mediation of a payment dispute for the Crestwood Terrace Project. The attached Mediation Agreement represents the negotiated resolution of the dispute. Background Information S.J. Lewis constructed Crestwood Terrace Improvements in 2002. That fall, very wet soils necessitated additional subgrade excavation for street reconstruction. S.J. Lewis performed the work at contract unit prices. In May, 2003, S.J. Lewis requested additional compensation based on a review of costs to perform the work in the fall of 2002. City staff denied their request based on contract provisions of timely notice. Discussions have been ongoing since May, 2003. In July, 2004, S.J. Lewis brought legal action requesting an additional $82,658.29. This action was referred to mediation on February 23, 2005. The mediation agreement provides for an additional $38,000 as compensation to S.J. Lewis for all costs incurred over and above compensation provided at contract unit prices. The City was represented in mediation by the City Engineer and City Attorney. Approval of the Agreement is recommended by the mediation participants. Attachments • Mediation Agreement • Change Order No. 2 • Pay Estimate No. 7(Final) MEDIATION AGREEMENT The parties and attorneys named below agree to participate in a mediation process in an effort to reach voluntary agreement to resolve the dispute being presented to Dean B. Thomson, acting as the parties' mediator(the "mediator"). The parties also acknowledge and agree to be bound by the following rules: 1. Duty to Meet. The parties will attend scheduled mediation conferences unless they advise the mediator of their inability to attend at least 24 hours before the conference, unless there is an emergency. 2. Good Faith. The parties agree to negotiate in good faith. The parties may refuse to divulge information, but will not give false information. 3. Duties of Mediator. The mediator does not represent any of the parties, and has made a disclosure of potential conflicts in accordance with Exhibit A which is incorporated into this Agreement. The mediator has no duty to provide advice or information to a party or to assure that a party has an understanding of the problem and the consequences of his/her actions. The function of the mediator is to promote and facilitate voluntary resolution of the above-referenced issues. The mediator has no responsibility concerning the fairness or legality of the resolution. Neither party knows of any circumstances which would cause reasonable doubt regarding the impartiality of the mediator. 4. Power of Mediator. The mediator shall have the power to terminate the mediation when, in the mediator's sole, good faith discretion, the mediator determines that the mediation is at an impasse. Among other things, the mediator may separate and talk separately with each party and their counsel and may require that each party and its counsel not communicate with another party or its counsel during the mediation except through the mediator. In addition, the mediator may occasionally talk separately to a party without its counsel and to counsel without its client being present. If a party does not appear with a representative fully authorized to enter into a binding settlement, the mediator may speak privately and directly by telephone with a fully authorized representative or may continue the mediation until the authorized representative is available. 5. Confidentiality. The parties and the mediator agree to the following confidentiality provisions: a. All discussions, representations and statements made during mediation will be privileged as settlement negotiations. The parties agree that they will not attempt to discover or use as evidence in any legal proceeding anything related to the mediation, including any communications or the thoughts, impressions or notes of the mediator. No document produced in mediation which is not otherwise discoverable will be admissible by any of the parties in any legal proceedings for any purpose,including impeachment. b. The parties will not subpoena the mediator, any members of the mediator's staff, or any records or documents of the mediator in any legal proceedings of any kind. If so called or subpoenaed, the mediator may refuse to testify or produce the requested documents. Should any party attempt to compel such testimony or production, such party shall be liable for, and shall indemnify the mediator against any liabilities, costs or expenses, including reasonable attorneys' fees that the mediator may incur in resisting such compulsion. The mediator will not discuss the mediation process or disclose any communications made during the mediation process to any third parties except the staff of mediator or the supervising court, if any, as necessary. 6. Fees. The parties agree to pay to the mediator service fees of $290.00 per hour for the mediation conference(s) and outside preparation time, such outside time generally not to exceed three (3) hours. The fees will be borne equally by the parties and their law firms, jointly and severally,except as follows: 7. Minnesota Civil Mediation Act. Pursuant to the requirements of the Minnesota Civil Mediation Act, the mediator hereby advises the parties that: (a) the mediator has no duty to protect the parties' interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect the parties' legal rights; and (c) the parties should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights. 8. Previous Representation. Pursuant to Exhibit A, the Parties are advised that Mediator and Firm may have represented or may represent one or more Parties in other matters and have represented or may represent clients adverse to Parties in other matters. The Parties waive any and all claims and positions, whether known, suspected, or unknown, that Mediator and Firm have conflicts of interest or are tainted as a result of this mediation. The Parties agree that Mediator's and Firm's participation in the mediation does not prevent or limit Mediator's and Firm's representation of any present or future clients (including any Parties), whether with respect to the subject matter of the mediation or otherwise. N:\PL\DB1\391968.doc 2 9. Voluntary Acknowledgment. The parties and their attorneys hereby voluntarily sign this Acknowledgment in order to affirm that they have read the Acknowledgment and agree to be bound by its provisions. Da :. oC �p�.3 JO Date: -...r►_ 0 ,illi , ('WY ' .Signs' ,I 1 i as I ' i . .. .4 'rint Name Print Na gpr Ad ress Address ,1 icTM�V CAS 4IO , r Representing: r Representin : S t•si f to ti CrtS(Cu, i )r. x ft,ONE i� Date: G/ Z 3; i K---- At, /- , .......e Signaturez7n ,nature Print Name /j ' Print Name 80 St /1 e �//'I Address __ /� 5,� a Address £lien jPaiti z Al Representing: 6 T 6 1 of�n I tq fk l Representing; . ✓�Ovs-�' ( f P / Mediato r: N:\PUDBT\268248.doc 3 ATTACHMENT A My conflicts disclosure is based on the following standard procedures. 1. Disclosure of Personal Relationships, if any. I will disclose any existing or past. personal, financial, business, professional, family or social relationships of which I have personal knowledge or memory which are likely to affect impartiality or which might reasonably create an appearance of partiality or bias. There are none so far known in this matter. Fabyanske, Westra, Hart &Thomson, P.A. ("FWHT") does not maintain an information database which would allow me to identify any such relationships of others in this firm. In my opinion, any such unknown relationships would not affect my impartiality or reasonably create an appearance of partiality. 2. Firm Conflicts Database Report. FWHT conflicts personnel have done a search of our files on or about this date, to-identify files of other-attorneys inr� th Tr in=w#ielx-a --- parties to this proceeding appear as firm clients, as adverse parties, or as having some other relationship to the parties. Any relationships which, in my opinion, require disclosure have been identified. The firm search does not include information about entity parties' affiliates, shareholders, officers and directors. Change Order No. 2 Date of Issuance: March 4,2005 Effective Date: March 4,2005 Project: Owner. Owner's Contract No.: Crestwood Tenure City of Eden Prairie LC.No.98-5474 Contract Date of Contract Street and Utility Improvements June 18,2002 Contractor: Engineer's Project No.: S.J.Louis Construction Inc. A-EDENP9906.03 The Contract Documents are modified as follows upon execution of this Change Order: Description: Additional subgrade excavation costs incorporated by Mediated Settlement Agreement dated February 23,2005. Attachments(list documents supporting change): 1.Mediated Settlement Agreement dated February 23,2005 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $1,170,296.40 Ready for final payment(days or date): Increase from previously approved Change Orders No.1 to [Increase][Decrease] from previously approved Change Orders No.1: No. to No. Substantial completion(days): $5,918.26 Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion(days or date): $1,176,214.66 Ready for final payment(days or date): Increase of this Change Order. [Increase][Decrease]of this Change Order: Substantial completion(days or date): $38,000.00 Ready for final payment(days or date): Contract Price incorporating this Change Order. Contract Times with all approved Change Orders: Substantial completion(days or date): $1,214,214.66 Ready for final payment(days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By. By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: EJCDC No.C-941(2002 Edition) Page 1 of 1 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Attachment to Application for Payment No.7(Final) Crestwood Terrace Street and Utility Improvements City Improvement Project No.I.C.98-5474 SEH No.A-EDENP9906.03 This Application Completed to Date Est. Item No. Description Unit Quantity Unit Price Amount Quan. Value Quan. Value SCHEDULE A - GENERAL _ _ 1 MOBILIZATION L.S. 0.99 $21,000.00 $20,790.00 $0.00 0.99 $20,790.00 2 TRAFFIC CONTROL L.S. 0.99 $6,500.00 $6,435.00_ $0.00 0.99 $6,435.00 3 CLEARING TREE 26 $200.00 $5,200.00 $0.00 50 $10,000.00 4 GRUBBING TREE 26 $200.00 $5,200.00 $0.00 38 $7,600.00 5 CLEARING ACRE 0.4 $3,100.00 $1,240.00 $0.00 0.4 $1,240.00 6 GRUBBING ACRE 0.4 $3,100.00 $1,240.00 $0.00 0.4 $1,240.00 7 REMOVE STORM SEWER PIPE L.F. _ 300 $7.00 $2,100.00 $0.00 247 $1,729.00 REMOVE STORM SEWER 8 STRUCTURE EACH 9 $340.00 $3,060.00. $0.00 9 $3,060.00 9 REMOVE BITUMINOUS PAVEMENT S.Y. 17150 $0.85 $14,577.50 $0.00 17405 $14,794.25 10 REMOVE CONCRETE PAVEMENT S.Y. 350 $5.25 $1,837.50 $0.00 204.1 $1,071.53 11 SAWCUT BITUMINOUS PAVEMENT L.F. 600 $3.00 $1,800.00 $0.00 996 $2,988.00 12 SAWCUT CONCRETE PAVEMENT L.F. 225 $4.00 $900.00 $0.00 306 $1,224.00 SALVAGE&REINSTALL INVISIBLE 13 DOG FENCE EACH 3 $530.00 $1,590.00 $0.00 0 $0.00 EROSION CONTROL SILT FENCE, 14 HEAVY DUTY L.F. 3400 $2.10 $7,140.00 $0.00 0 $0.00 EROSION CONTROL FLOATATION 15 SILT CURTAIN L.F. 60 $19.00 $1,140.00 $0.00 50 $950.00 16 TREE PROTECTION FENCE L.F. _ 1800 $1.95 $3,510.00 $0.00 40 $78.00 17 BALE CHECK EACH 50 $8.00 $400.00 $0.00 0 $0.00 18 TOPSOIL AND SODDING S.Y. _ 14000 $2.30 $32,200.00 754 $1,734.20 10287 $23,660.10 19 TOPSOIL,SEEDING AND MULCH ACRE 0.7 $2,200.00 $1,540.00 (0.49) ($1,078.00) 1.61 $3,542.00 TOPSOIL,SEEDING AND WOOD 20 FIBER BLANKETS S.Y. 650 $2.10 $1,365.00 360 $756.00 2760 $5,796.00 i Subtotal Schedule A $113,265.00 _ $1,412.20 $106,197.88 SCHEDULE B - STREETS, DRIVEWAYS&TRAILS • 21 COMMON EXCAVATION(P) C.Y. 8300 $5.50 $45,650.00 650 $3,575.00 18993 $104,461.50 AGGREGATE BASE,CLASS 5(100% 22 CRUSHED QUARRY ROCK) TON 8000 $11.00 $88,000.00 222.53 $2,447.83 19013.53 $209,148.83 AGGREGATE BASE,CLASS 5(100% CRUSHED QUARRY ROCK) 23 (DRIVEWAYS AND TRAILS) TON 1380 $14.00 $19,320.00_ 15.67 $219.38 1806.33 $25,288.62 CLASS 5 AGGREGATE SURFACING 24 FOR DRIVEWAY TON _ 100 $15.00 $1,500.00 . $0.00_ 0 $0.00 TYPE LVWE45030B WEARING 25 COURSE MIXTURE TON 1110 $33.00_ $36,630.00 $0.00 1265.23 $41,752.59 TYPE LVNW3503OB NON-WEARING 26 COURSE MIXTURE TON 1470 $32.00 $47,040.00 $0.00 1493.84 $47,802.88 TYPE MVWE45035B WEARING 27 COURSE MIXTURE TON 180 $37.00 $6,660.00 $0.00 256.34 $9,484.58 TYPE MVNW35035B NON WEARING 28 COURSE MIXTURE TON 230 $36.00 $8,280.00 $0.00 162.45 $5,848.20 TYPE LVWE45030B WEARING COURSE MIXTURE FOR 29 DRIVEWAYS TON 150 $84.00 $12,600.00 $0.00 206 $17,304.00 TYPE LVNW35030B NON-WEARING 30 COURSE MIXTURE FOR TRAILS TON 480 $36.00 $17,280.00 81 $2,916.00 462.63 $16,654.68 BITUMINOUS MATERIAL FOR TACK _ 31 COAT GAL. 760 $2.52- $1,915.20 $0.00 585 $1,474.20 6"CONCRETE DRIVEWAY 32 PAVEMENT S.Y. 350 $34.00 $11,900.00 $0.00 209 $7,106.00 Short Elliott Hendrickson 1 3/7/2005 This Application Completed to Date ._Est Item No. Description Unit Quantity Unit Price Amount Quan. Value Quan. Value 33 7"CONCRETE DRIVEWAY APRON S.Y. 35 $35.00 $1,225.00 $0.00 39.1 $1,368.50 CONCRETE CURB&GUTTER 34 DESIGN B618 L.F. 1220 $9.00 $10,980.00 $0.00 1099 $9,891.00 CONCRETE CURB&GUTTER 35 DESIGN B612 L.F. 20 $15.00 $300.00 $0.00 33 $495.00 EDEN PRAIRIE MOUNTABLE CURB& 36 GUTTER L.F. 7860 $7.25 $56,985.00 $0.00 7522 $54,534.50 EDEN PRAIRIE RURAL AREA 37 SECTION BITUMINOUS CURB L.F. 200 $5.25 $1,050.00 $0.00 0 $0.00 Subtotal Schedule B $367,315.20 $9,158.21 $552,615.08 SCHEDULE C - STORM SEWER 38 12"RCP CL V STORM SEWER L.F. 336 $23.00 $7,728.00 $0.00 300 $6,900.00 39 15"RCP CL V STORM SEWER L.F. 542 $24.00 $13,008.00 $0.00 531 $12,744.00 40 18"RCP CL V STORM SEWER L.F. _ 305 $27.00 $8,235.00 $0.00 480 $12,960.00 41 21"RCP CL III STORM SEWER L.F. 51 $30.00 $1,530.00 $0.00 50 $1,500.00 18"ID CORRUGATED ALUMINIZED STEEL STORM SEWER PIPE,16 42 GAGE L.F. 827 $24.00 $19,848.00 82 $1,968.00 856 $20,544.00 43 12"RC APRON W/TRASHGUARD EACH 1 $530.00 $530.00 $0.00 1 $530.00 44 18"CASP APRON W/TRASHGUARD EACH 2 $240.00 $480.00 $0.00 1 $240.00 STANDARD MANHOLE W/CASTING, 45 DESIGN S-1 EACH 10 $1,800.00 $18,000.00 $0.00 10 $18,000.00 CONSTRUCT TAN6ARED MANHOLE WITH CASTING,OVER 46 EXISTING STORM SEWER EACH 1 $2,600.00 $2,600.00 _ $0.00 1 $2,600.00 47 EXTRA DEPTH STORM MANHOLE - LF 100.7 $116.00 $11,681.20 $0.00 39.1 $4,535.60 STANDARD CAI CA BASIN 48 W/CASTING,DESIGN S-5 EACH 6 $1,300.00 $7,800.00 $0.00 6 $7,800.00 27"DEAD END CATCH BASIN 49 W/CASTING,DESIGN S-6 EACH 6 $920.00 $5,520.00 $0.00 6 $5,520.00 SUMP CATCH BASIN/MANHOLE, 50 DESIGN S-7 EACH 3 $1,800.00 $5,400.00 $0.00 3 $5,400.00 96"DIA WATER QUALITY 51 TREATMENT MANHOLE LS 1 $20,000.00 $20,000.00 $0.00 1 $20,000.00 POND OUTLET STRUCTURE, . 52 DESIGN S-14 EACH 1 $2,700.00 $2,700.00 $0.00 1 $2,700.00 53 ADJUST FRAME&RING CASTING EACH 4 $230.00 $920.00 1.5 $345.00 3 $690.00 CONNECT-TO EXISTING STORM I 54 SEWER EACH 3 $430.00 $1,290.00 $0.00 5 $2,150.00 CONNECT TO EXISTING STORM 55 MANHOLE EACH 1 $520.00 $520.00 $0.00 2 $1,040.00 RIPRAP CL IV WIGEOTEXTILE 56 FABRIC TYPE IV C.Y. 30 $79.00 $2,370.00 21.24 $1,677.96 76.84 $6,070.36 Subtotal Schedule C $130,160.20 $3,990.96 $131,923.96 SCHEDULE D -WATERMAIN 57 6"DIP CL 52 WATERMAIN L.F. 210 $21.00 $4,410.00 $0.00 275.5 $5,785.50 58 8"DIP CL 52 WATERMAIN L.F. 4430 $19.00 $84,170.00 $0.00 4021 $76,399.00 59 12"DIP CL 52 WATER MAIN LF 335 $28.00 $9,380.00 $0.00 319 $8,932.00 60 8"GATE VALVE AND BOX EACH 15 $700.00 $10,500.00 $0.00 16 $11,200.00 61 12"GATE VALVE AND BOX EACH 1 $1,200.00 $1,200.00 $0.00 1 $1,200.00 HYDRANTW76"GATE VALVE AND 62 BOX EACH 14 $2,200.00 $30,800.00 $0.00 13.63 $29,986.00 1"COPPER WATER SERVICE,TYPE 63 K L.F. 2000 $10.00 $20,000.00 $0.00 2520 $25,200.00 64 3/4"X 1"CORPORATION STOP EACH 49 $56.00 $2,744.00 $0.00 58 $3,248.00 65 1"CURB STOP&BOX EACH 49 $98.00 $4,802.00 $0.00 58 $5,684.00 66 WATERMAIN FITTINGS L.B. 3350 $3.40 $11,390.00 189 $642.60 3006 $10,220.40 2"POLYSTYRENE INSULATION 67 BOARD S.F. 900 $1.60 $1,440.00 $0.00 80 $128.00 CONNECT TO EXISTING 8'r 68 WATERMAIN EACH 1 $610.00 $610.00 $0.00 1 $610.00 Subtotal Schedule D $181,446.00 $642.60 $178,592.90 SCHEDULE E - SANITARY SEWER 8"PVC SDR 35 SEWER PIPE,0-8' ' 69 DEPTH L.F. 60 $28.00 _ $1,680.00 $0.00 0 $0.00 8"PVC SDR 35 SEWER PIPE,8'-10' 70 DEPTH L.F. 39 $30.00 $1,170.00 26 $780.00 26 $780.00 Short Elliott Hendrickson 2 3f7/2005' This Application Completed to Date Est. Item No. Description Unit Quantity Unit Price _ Amount Quan. Value Quan. Value 8"PVC SDR 35 SEWER PIPE,10'-12' 71 DEPTH L.F. 50 $32.00 $1,600.00 $0.00 199 $6,368.00 8"PVC SDR 35 SEWER PIPE,12'-14' 72 DEPTH L.F. 400 $36.00 $14,400.00 $0.00 498 $17,928.00 8"PVC SDR 35 SEWER PIPE,14'-16' 73 DEPTH L.F. 540 $38.00 $20,520.00 $0.00 576 $21,888.00 8"PVC SDR 35SEWER PIPE,16'-18' 74 DEPTH L.F. 1080 $41.00 $44,280.00 $0.00 1221 $50,061.00 8"PVC SDR 35 SEWER PIPE,18'-20' 75 DEPTH L.F. 1070 $43.00 $46,010.00 $0.00 919 $39,517.00 8"PVC SDR 35 SEWER PIPE,20'-22' 76 DEPTH L.F. 430 $42.00 $18,060.00 _ $0.00 326 $13,692.00 8"PVC SDR 26 SEWER PIPE,18'-20' 77 DEPTH L.F. 60 $45.00 $2,700.00 $0.00 72 $3,240.00 8"PVC SDR 26 SEWER PIPE,20'-22' 78 DEPTH L.F. 40 $44.00 $1,760.00 $0.00 44 $1,936.00 8"PVC SDR 26 SEWER PIPE,22'-24' 79 DEPTH L.F. 40 $46.00 $1,840.00 $0.00 46 $2,116.00 8"PVC SDR 26 SEWER PIPE,24'-26' 80 DEPTH L.F. 60 $66.00 $3,960.00 $0.00 58 $3,828.00 8"PVC SDR 26 SEWER PIPE,26'-28' 81 DEPTH L.F. 60 $72.00_ $4,320.00 $0.00 75 $5,400.00 8"PVC SDR 26 SEWER PIPE,28'-30' 82 DEPTH L.F. 100 $74.00 $7,400.00 $0.00 83 $6,142.00 8"DIP CL 54 SEWER PIPE,28'-30' 83 DEPTH L.F. 70 $76.00 $5,320.00 $0.00 57 $4,332.00 8"DIP CL 54 SEWER PIPE,30' 32' 84 DEPTH L.F. 200 $81.00 $16,200.00 $0.00 221 $17,901.00 8"DIP CL 54 SEWER PIPE,32'-34' S 85 DEPTH L.F. 240 $82.00 $19,680.00 $0.00 117 $9,594.00 8"DIP CL 54 SEWER PIPE,34'-36' 86 DEPTH L.F. 140 $83.00 $11,620.00 $0.00 103 $8,549.00 8"DIP CL 54 SEWER PIPE,36'-38' 87 DEPTH L.F. 200 $84.00 $16,800.00 - $0.00 199 $16,716.00 8"DIP CL 54 SEWER PIPE,38'-40' 88 DEPTH L.F. 80 $85.00 $6,800.00 $0.00 62 $5,270.00 STANDARD MANHOLE W/CASTING, 89 DESIGN S-1,0'-8'DEPTH EA 28 $1,700.00 $47,600.00 $0.00 27 $45,900.00 CONSTRUCT STANDARD MANHOLE WITH CASTING,DESIGN S-1,0'-8' OVER EXISTING 12"SANITARY 90 SEWER EA 1 $2,000.00 $2,000.00 $0.00 1 $2,000.00 CONNECT TO EXISTING SANITARY ' 91 SEWER EA 1 $7,500.00 $7,500.00 $0.00 1 $7,500.00 92 EXTRA DEPTH SANITARY MANHOLE L.F. 268 $135.00 $36,180.00 $0.00 279.3 $37,705.50 OUTSIDE DROP SECTION,DESIGN S S S 93 4 L.F. 34 $290.00_ $9,860.00 $0.00 32.3 $9,367.00 94 8"x 4"PVC SERVICE WYES EA 49 $55.00 $2,695.00 $0.00 57 $3,135.00 95 4"PVC SERVICE PIPE L.F. 2100 $10.00 $21,000.00 $0.00 2402 $24,020.00 96 4"DIP CL 54 SERVICE PIPE - L.F. 25 $23.00 $575.00 $0.00 0 $0.00 97 4"PVC SERVICE PIPE CLEAN OUT EA 2 $240.00 $480.00 $0.00 2 $480.00 EDEN PRAIRIE SAND AND GRAVEL 98 BEDDING C.Y. 600 $2.50 $1,500.00 $0.00 2354.98 $5,887.45 EDEN PRAIRIE BINDER STONE 99 BEDDING C.Y. 325 $8.00 $2,600.00 136.88 $1,095.04 302 $2,416.00 Subtotal Schedule E $378,110.00 $1,875.04 $373,668.95 Change Order No.1-Park - Restoration L.S. 1 $5,918.26 $5,918.26 1 $5,918.26 1 $5,918.26 Change Order No.2-Mediated S Settlement Agreement L.S. 1 $38,000.00 $38,000.00 1 $38,000.00 1 $38,000.00 Total Contract Amount $1,214,214.66 $60,997.27 $1,386,917.03 Short Elliott Hendrickson 3 3/7/2005 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5644 ITEM NO.: VIII.N. Mary Krause Award Contract for 2005 Street Sweeping Public Works/Engineering Requested Action Move to: Award contract for 2005 Street Sweeping to Reliakor Services in the amount of $32,780.50. Synopsis Sealed bids were received Thursday,March 3, 2005 for the 2005 Street Sweeping. Three bids were received as follows: Reliakor Services $32,780.50 Allied Blacktop Company $35,987.00 Pearson Brothers, Inc. $38,010.00 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 11, 2005. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping comes from the Storm Water Utility. Staff recommends award to Reliakor Services. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. O. Stuart A. Fox, Manager, Award Bid for Eden Valley Park Parks and Natural Resources Playground Structure Requested Action Move to: Award contract for$30,000 of playground equipment at Eden Valley Park to Flanagan Sales, Inc. Synopsis The City advertised for a new playground structure for Eden Valley Park and received six bids. The manufacture representatives were invited to meet with the neighbors on March 3, 2005. Each representative presented their proposed play structure with options and answered questions from the audience. Based on the feedback from the neighbors that attended the meeting,they have recommended that the play structure proposed by Flanagan Sales, Inc. be installed. The staff concurs with their feedback and recommends the same vendor. Background The 2005 budget includes $55,000 for playground structure replacement in the current year. Playground replacement is occurring at Eden Valley Park as well as Overlook Park. Invitations to bid on both projects were sent out to six playground manufactures all six submitted proposals. The proposed budget for the Eden Valley project is $30,000 equipment and $8,000 for site work and restoration. The six proposals were received from: • Earl F. Anderson,Inc. • Weber Recreation Design,Inc. • Minnesota-Wisconsin Playgrounds • St. Croix Recreation • Flanagan Sales,Inc. • Midwest Playscapes,Inc. Each of the submitted proposals met the guidelines as detailed in the Request for Proposal and Bid Specifications that were sent to each playground manufacture representative. Installation will be completed by July 15, 2005. CITY COUNCIL AGENDA DATE: SECTION: Cons ent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. P. Stuart A.Fox, Manager, Award Bid for Overlook Park Parks and Natural Resources Playground Structure Requested Action Move to: Award contract for$15,000 of playground equipment at Overlook Park to Flanagan Sales, Inc. Synopsis The City advertised for a new playground structure for Overlook Park and received six bids. The manufacture representatives were invited to meet with the neighbors on March 3, 2005. Each representative presented their proposed play structure with options and answered questions from the audience. Based on the feedback from the neighbors that attended the meeting, they have recommended that the play structure proposed by Flanagan Sales, Inc. be installed. The staff concurs with their feedback and recommends the same vendor. Background The 2005 budget includes$55,000 for playground structure replacement in the current year. Playground replacement is occurring at Overlook Park as well as Eden Valley Park. Invitations to bid on both projects were sent out to six playground manufactures all six submitted proposals. The proposed budget for the Overlook project is $15,000 equipment and $2,000 for site work and restoration. The six proposals were received from: • Earl F.Anderson,Inc. • Weber Recreation Design,Inc. • Minnesota-Wisconsin Playgrounds • St. Croix Recreation • Flanagan Sales,Inc. • Midwest Playscapes,Inc. Each of the submitted proposals met the guidelines as detailed in the Request for Proposal and Bid Specifications that were sent to each playground manufacture representative. Installation will be completed by July 15, 2005. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. Q. Police James G. DeMann Approval of 2005 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for the year 2005. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 43 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2004 agreement with minor changes in fees and charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2005 Agreement for Towing Services 2005 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2005, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.01, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow,the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor 1 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $80 Trailering impounded vehicles (additional) $5 minimum Accidents $80* Lowboy& Tractor service $95/hour minimum Dollies (Additional) $25 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $150 minimum* On-scene additional labor charges $45/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles, mopeds, $20/day ATV's, and snowmobiles Other vehicles (ex large trucks) $25/day Inside storage $30/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error(at the request 2 of the City)shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a$25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: $125 towing and storage for first 45 days; $150 storage of seized vehicles per month after the first 45 days; $12 administrative fee to send notification letter to registered owner; and an additional $12 administrative fee to send notification of second registered owner and/or lien holder. Payment of the fees for towing and storage of seized vehicles shall be deducted from the administrative fees owed by Contractor or paid from revenue from the sales of seized vehicles. Vehicles no longer held for seizure may be released to the registered owner as outlined in paragraph 6 above so long as the registered owner has paid all fees related to the seizure. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 31, 2006, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 3 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$1 00,000 Bodily Injury& $100,000 each occurrence Property Damage Fire& Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty (30)days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment,or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 4 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2005, and terminate on January 15, 2006. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen(15)days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- 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. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 24. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. 5 MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: P:\Home\EP\POLICE\TOWING CONTRACTS\TOWING CONTRACT-2005.doc 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. R. Police Approval of 2005 Agreement for Forfeiture James G. DeMann Vehicle Storage and Disposal Requested Action: Move to: Approve the Agreement for Forfeiture Vehicle Storage and Disposal between the City of Eden Prairie and Auction Broadcasting Company for the year 2005. Synopsis: This agreement for Forfeiture Vehicle Storage and Disposal will provide an efficient and cost saving way to store and dispose of vehicles obtained by the City through forfeiture or civil process as the result of their use in connection with a criminal act. Background Information: In January of 2001 the City entered into an agreement with Auction Broadcasting Company to provide storage and disposal services for vehicles obtained through forfeiture or civil process primarily from repeat driving while intoxicated offenders. By using Auction Broadcasting Company the City has seen significant savings in fees related to the storage and disposal of these vehicles compared to previous years. This would be a renewal of the 2004 agreement with no increases in fees. This agreement has been reviewed and approved by the City Attorney. Attachments: 2004 Agreement for Forfeiture Vehicle Storage and Disposal AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION BROADCASTING COMPANY MINNEAPOLIS THIS AGREEMENT is made and entered into this day of , 2005, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "City"), and Auction Broadcasting Company Minneapolis, a limited liability corporation with its principal place of business located at 18270 Territorial Road, Dayton, Minnesota 55360 (hereinafter referred to as "ABC"). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture or other civil processes under the laws of the State of Minnesota as a result of their having been used in the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Chapter 2 of the Eden Prairie City Code; and WHEREAS, ABC represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS, the City desires to hire ABC to transport, store, repair, maintain and sell its Forfeiture Vehicles; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: 1. Term of Agreement. The term of this Agreement shall begin January 16, 2005, and shall continue until January 15,2006, subject to termination as provided in Article IV. 1 2. Duties of ABC. ABC shall perform the following duties: 2.1 Upon specific authorization from the City, ABC agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ABC. 2.2 Upon receipt of a City Forfeiture Vehicle ABC accepts full responsibility for it and agrees to exercise due diligence in the care, maintenance and storage of said vehicle until the time that it is sold or released, so as to avoid waste and obtain a reasonable sale price at auction. 2.3 Upon specific authorization from the City, ABC agrees to perform such minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the City's return at auction, but in no event shall such repair work exceed the cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written authorization by the Eden Prairie City Manager or his/her designee. 2.4 Upon specific authorization from the City, ABC agrees to release the City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. 2.5 ABC agrees to box and store personal property that is not affixed to, but located within, the City's forfeiture vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. 2.6 Upon specific authorization from the City, ABC agrees to promptly sell the City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. 2.7 ABC agrees to defend, indemnify and hold harmless the City, its officials, employers, and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or 2 resulting from ABC's (including its officials, agents or employees) performance of the duties required under this Agreement provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of ABC. 2.8 During the term of this Agreement ABC agrees to maintain general comprehensive liability insurance in th amount of $1,000,000 for any damage in property, theft, loss or other claims as a result to ABC's negligence or malfeasance in performing this Agreement. In addition, ABC agrees to maintain such motor vehicle liability insurance as required by state and federal laws. ABC further agrees to designate City as an additional insured under said policies and said policies shall provide that the policies shall not be cancelled or terminated for any reason except upon thirty(30)days' written notice to City. 2.9 ABC shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding, and insurance to the City. 2.10 ABC agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. 2.11 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing an agency or partnership relationship between the parties hereto or as constituting ABC's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. ABC and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ABC represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ABC or other persons, while 3 engaged in the performance of any work or services required by ABC under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against ABC, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and ABC shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 2.12 The books, records, documents, and accounting procedures and practices of ABC, relevant to this Agreement, are subject to examination by the City, the legislative auditor and/or the state auditor for a period of six(6) years after the effective date of this contract, pursuant to Minnesota Statutes Section 1 6C.05, subdivision 6. 2.13 In performance of this Agreement, ABC shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age against any employee of ABC, any subcontractor of ABC, or any applicant for employment. ABC shall include a similar 4 provision in all contracts with subcontractors to this Agreement. ABC further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. §363.01, et seq., Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 2.14 ABC shall at all times comply with and abide by Minnesota Government Data Practices Act,Minn. Stat. § 13.01, et seq.,to the extent that the Act is applicable to data and documents in the hands of ABC. 2.15 ABC represents and warrants that it has and will maintain during the performance of this Agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this Agreement is current and in force and effect. 2.16 Any Forfeiture Vehicles which ABC has been authorized and directed to sell but was unable to sell under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. 3. Duties of the City. The City shall perform the following duties: 3.1 The City shall consign specifically identified Forfeiture Vehicles to ABC to sell to the highest bidder at public dealer or salvage auction. 3.2 The City shall certify that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ABC to sell at public dealer or salvage auction and shall provide and deliver merchantable title to the purchaser upon notification from ABC. 5 3.3 The City shall defend, indemnify and hold harmless the ABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this Agreement, provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of City. Nothing contained in this indemnity agreement shall waive or in any way relinquish or limit the City's immunity or liability limitations provided by common law and Minnesota Statutes Chapter 466. 3.4 The City shall pay to ABC the following amounts as and for its services properly authorized and provided pursuant to this Agreement. 3.4.1 Transportation of an Operable Forfeiture Vehicle to or from the City of Eden Prairie to ABC's designated storage site: $35.00. 3.4.2 Tow of an inoperable Forfeiture Vehicle (tow or trailer)to or from the City of Eden Prairie to ABC's designated storage site: $85.00. 3.4.3 Repair of a Forfeiture Vehicle prior to auction: shop rates. 3.4.4 Sale by auction of a Forfeiture Vehicle: $110.00. 3.4.5 Release of a Forfeiture Vehicle prior to auction: $50.00 redemption fee plus any charges(i.e.,transportation). 3.4.6 Storage fee if car is not sold within 90 days: $3.00/day. 3.4.7 Inventory fee for release of personal property: $15.00. 4. Termination. Either party may terminate this Agreement for any reason upon thirty (30) days' advance written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by ABC of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or 6 desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 5. Miscellaneous Provisions. 5.1 Modification. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. 5.2 Assignment. This Agreement shall not be assignable except at the written consent of the City. 5.3 Entire Agreement. This Agreement represents the final and complete Agreement between ABC and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. 5.4 Severability. The invalidity, in whole or in part, of any term or provision of this Agreement does not effect the validity of the remainder of this Agreement. 5.5 Governing Law. This Agreement shall be governed and construed under the laws of the State of Minnesota. Both parties consent to jurisdiction in the state or federal courts located in Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Mayor By Scott Neal, City Manager 7 AUCTION BROADCASTING COMPANY MINNEAPOLIS By Its P:\Home\EP\POLICE\TOWING CONTRACTS\Auction Broadcasting\AGREEMENT.2005.doc 8 CITY COUNCIL AGENDA DATE: SECTION: Reports of Officers March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. S. Scott Neal, City Manager Resolution Supporting Legislation to Allow Issuance of On-Sale Intoxicating Liquor License to Food Service Operator of the Garden Room Requested Action Move to: Adopt Resolution supporting legislation to allow issuance of on-sale intoxicating liquor license to food service operator of the Garden Room. Synopsis In 2004,the City implemented a competitive bidding process for award of a contract to a private catering business to operate the Garden Room. The contract was awarded by the City Council in December 2004 to Taher Business Dining. Taher is a well-known, multi-site business dining caterer in the Twin Cities. But because Taher does not maintain an on-sale liquor sales license at one of its other Minnesota locations, it is not eligible to receive the necessary caterer's license that would allow it to also hold an on-sale liquor license. The previous Garden Room caterer was licensed to dispense liquor in the Garden Room. The ability to serve liquor in the Garden Room is important because the room often serves as location for wedding receptions, parties, and other gatherings where the consumption of alcohol is an appropriate activity. The City Attorney and I have reviewed this matter and determined that the best course of action to achieve the goal of allowing the sale of alcohol in the Garden would be to seek a legislative change in Minnesota State Statutes through our State Legislative delegation. I have worked with all three members of our delegation. They have all been helpful and supportive in getting the necessary legislative change accomplished. One of the necessary ingredients required by the State Legislators reviewing the bill that will accomplish this change is a resolution of support from the City Council. The City Attorney has prepared such a resolution for your review and approval. Staff recommends the City Council adopt this resolution. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION SUPPORTING LEGISLATION TO ALLOW ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE TO FOOD SERVICE OPERATOR OF THE GARDEN ROOM WHEREAS the City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a Cafeteria consisting of Kitchen Area, Food Service Area, Private Dining Room, Training Room, Garden Room and Patio("Cafeteria"); and WHEREAS the City contracts with a third party to operate the Cafeteria in order provide catering services for City functions and activities, tenant functions and activities, breakfast and lunch on weekdays and City Center Customer rentals; and WHEREAS the City desires to issue an on-sale intoxicating liquor license to the Cafeteria operator for special events held in the Cafeteria notwithstanding limitations of law, or local ordinances, relating to zoning or school or church distances. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that this Council supports the adoption of legislation that authorizes the following: (a) The City of Eden Prairie may issue an on-sale intoxicating liquor license to any entity holding an operating food service contract with the City for the operation of the Cafeteria, for use by the entity at the premises owned by the City of Eden Prairie at 8080 Mitchell Road in Eden Prairie, notwithstanding limitations of law, or local ordinances, or charter provision relating to zoning or school or church distances. The license authorizes sales on all days of the week to persons attending special events in the Cafeteria. (b) The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises unless such dispensing is authorized by the city. (c) The license authorized by this legislation may be issued for space that is not compact and contiguous, provided that all such space is within City Center building and is included in the description of the licensed premises on the approved license application. ADOPTED by the Eden Prairie City Council on March 15,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. T. Eugene A. Dietz Approve Perennial Garden Easement Public Works/Engineering Requested Action Move to: Approve a permanent easement for perennial garden purposes over a portion of Outlot B, Hidden Ponds, in favor of the owner of Lot 3, Block 6, Hidden Ponds. Synopsis In conjunction with the improvement of the trails in the Hidden Ponds neighborhood, a permanent trail easement is necessary from the owner of Lot 3, Block 6, Hidden Ponds. The "negotiated price" for the easement is an easement from the City of Eden Prairie over a portion of Outlot B (which is adjacent to Lot 3, Block 6)to continue to maintain a perennial garden that has existed for many years. Staff recommends that Council authorize this no cost solution. Background Information The original trails that were constructed in the Hidden Ponds neighborhood were only six(6) feet in width. The proposal to reconstruct the trails includes widening the trail section to eight(8) feet, to allow for proper maintenance by the City of Eden Prairie. The trail adjacent to Lot 3, Block 6, Hidden Ponds, must be widened onto private property due to constraints of an existing pond/wetland on the other side of the trail. Coincidently,the owner of this lot has maintained a perennial garden on a portion of the outlot that was transferred from the Homeowners Association to the City of Eden Prairie for the specific purpose of maintaining the trail system. The perennial garden happens to be in an area that greatly exceeds trail needs and is not in conflict with City maintenance of the area. The area of the perennial garden easement is 290 square feet, while the area the City will receive for the trail easement is 211 square feet. The negotiation for this solution with the property owner has been very amicable and presents a "win" for each party. Staff recommends approval of the motion. Attachments • Quit Claim Deed • Exhibit A • Easement Exhibit QUIT CLAIM DEED Form No.28-M Minnesota Uniform Individual(s)to Corporation,Partnership Conveyancing Blanks(1/15/97) or Limited Liability Company (Too 3 Inches Reserved for Recording Data) DEED TAX DUE: $ Date: FOR VALUABLE CONSIDERATION, Barbara Jo Theisen,divorced and not remarried Grantor(s), (marital status) hereby convey(s)and quitclaim(s)to the City of Eden Prairie ,Grantee, a Minnesota Municipal corporation under the laws of the State of Minnesota real property in Hennepin County,Minnesota,described as follows: see tt d"Exhib it attached ie bt A" together with all hereditaments and appurtenances. Check box if applicable: 0 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. ❑ I 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 filed well disclosure certificate. Barbara Jo Theisen Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF } ss. This instrument was acknowledged before me on ,by (Date) Barbara Jo Theisen , Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered(Torrens) ❑ THIS INSTRUMENT WAS DRAFTED BY(NAME&ADDRESS) Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): The City of Eden Prairie Engineering Department Barbara Jo Theisen 8080 Mitchell Road 18208 Valley View Road Eden Prairie,MN 55344 Eden Prairie,MN 55346 EXHIBIT A Subject to termination asprovided below, a permanent easement for Perennial Garden purposes over,under and across that part of Outlot B, HIDDEN PONDS, Hennepin County, Minnesota, (the Servient Property)for the benefit of Lot 3,Block 6, Hidden Ponds, Hennepin County, Minnesota, (the Dominant Property) said easement described as follows: Commencing at the most northerly corner of Lot 3,Block 6, HIDDEN PONDS;thence South 54 degrees 47 minutes 53 seconds West along the northwesterly line of said Lot 3 a distance of 8.53 feet, to the point of beginning of the area to be described;thence North 16 degrees 23 minutes 56 seconds West a distance of 17.22 feet;thence South 75 degrees 49 minutes 10 seconds West a distance of 17.33 feet;thence South 23 degrees 30 minutes 13 seconds East a distance of 13.95 feet; thence South 66 degrees 02 minutes 11 seconds East a distance of 10.32 feet to a point on the most northwesterly line of said Lot 3; thence North 54 degrees 47 minutes 53 seconds East along said northwesterly line a distance of 8.16 feet to the point of beginning. It is the intention that this easement is an appurtenant easement for the benefit of Lot 3, Block 6, HIDDEN PONDS,Hennepin County, Minnesota. Termination: In the event the owner of the Dominant Property ceases to use,maintain or keep in good repair the easement area for a period of 2 calendar years after written notice by the Grantor, then the easement shall terminate and with no further obligation or rights to the owner of the Dominant Property . EASEMENT EXHIBIT GARDEN EASEMENT OWNER: CITY OF EDEN PRAIRIE TAXPAYER ADDRESS: 8080 MITCHELL ROAD EDEN PRAIRIE MN 55344 PROPERTY I.D. NO.: 07-116-22-12-0078 I I \ L_ , ----__________. , 0 (2) 3 3 "W Z 's--3-'----------------- ' "10 l -7 •q 9 5 3 57 ! 6; � MOST N,LY CORNER 11 1 i i ! ' cJ' N / OF LOT 3 _ i i i i i - . V', i 'II I8.53 < ! I ' �� S54'47'53"W °° CoC- -.5 / •t),1 --c -1 -5\-- \-\ k 0 \ F � i %% /. EASEMENT AREA EXISTING CENTERLINE OF TRAIL EASEMENT AREA= 290 SQ. FT. I hereby certify that this survey 11 i Hansen Thorp was prepared by me or under my Pellinen Olson Inc. supervision and that I am a duly p a.7 Engineers • Surveyors • Landscape Architects registered land surveyor under Minnesota Statutes Section 326.02 7510 Market Place Drive 6�6- Eden Prairie, MN 55344-3644 /to-35 KL ),_-____'• , Eden 829ie, MN FAX (952) 829-7806 Reg. No.I4.52-t Date: t/31/OS EASEMENT EXHIBIT Owner:City of Eden Prairie Taxpayer Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Property ID: 07-116-22-12-0078 A easement for Perennial Garden purposes over, under and across that part of Outlot B, HIDDEN PONDS, Hennepin County, Minnesota, said easement described as follows: Commencing at the most northerly corner of Lot 3, Block 6, HIDDEN PONDS; thence South 54 degrees 47 minutes 53 seconds West along the northwesterly line of said Lot 3 a distance of 8.53 feet, to the point of beginning of the area to be described; thence North 16 degrees 23 minutes 56 seconds West a distance of 17.22 feet; thence South 75 degrees 49 minutes 10 seconds West a distance of 17.33 feet; thence South 23 degrees 30 minutes 13 seconds East a distance of 13.95 feet; thence South 66 degrees 02 minutes 11 seconds East a distance of 10.32 feet to a point on the most northwesterly line of said Lot 3; thence North 54 degrees 47 minutes 53 seconds East along said northwesterly line a distance of 8.16 feet to the point of beginning. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. U. Al Gray Approve Driveway Easement Public Works/Engineering Agreement with Owners Lot 2,Block 2, Riverview Heights 2 Addition Requested Action Move to: Approve Driveway Easement Agreement with Owners of Lot 2, Block 2, Riverview Heights 2nd Addition Synopsis This Agreement is required by the Development Agreement for Riverview Heights to allow Lot 2 access to Riverview Road. Background Information In March, 1993,the City approved the Riverview Heights residential subdivision. Lot 2, Block 2 was designed to take access to Riverview Road over City The Develo g ment P Agreement required an easement agreement between the City and the owners of Lot 2. Attachments • Agreement DRIVEWAY EASEMENT THIS ACCESS AND DRIVEWAY EASEMENT ("Agreement") is made as of this day of March, 2005, by and between THE CITY OF EDEN PRAIRIE, a municipal corporation under the laws of the State of Minnesota ("City") and ROBERT H. KREUSCHER AND LORRI H. KREUSCHER(hereinafter called"Kreuschers"). WHEREAS, the City is the owner of the property legally described as Tract "D" Registered Land Survey 547, Hennepin County, Minnesota(the"City Property"); and WHEREAS, Kreuschers are the owners of property adjacent to the City Property legally described as Lot 2, Block 2, Riverview Heights 2nd Addition, Hennepin County, Minnesota (the "Kreuscher Property"); and WHEREAS, Kreuschers and City desire that there be located on the City Property a driveway for the purpose of ingress and egress to and from the Kreuscher Property for persons and vehicles as described herein; and WHEREAS, the parties hereto desire to evidence in writing the terms and conditions upon which said easement will be granted: NOW, THEREFORE, in consideration of the mutual covenants and agree ments 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. Easement Over City Property. Subject to the conditions and limitations hereinafter set forth, the City hereby declares and grants to the Kreuschers for the benefit of the Kreuscher Property a non-exclusive perpetual easement appurtenant to the Kreuscher Property upon, over and across that part of the City Property described as follows (hereafter referred to as the"Easement"or"Easement Area"): See Exhibit A attached hereto and made a part hereof for the purpose of providing the Kreuscher Property with vehicular ingress and egress to Riverview Road. 2. Non-Exclusive. The Easement shall be non-exclusive and the City may grant to other adjacent property owners (hereinafter referred to as "lot owners") easements for access over the Easement Area. Any such easement granted shall be subject to the terms of this Driveway Easement. All parties to whom the City grants an easement across the Easement Area are hereinafter referred to as "Easement Users." The lot owners of each lot that is granted an easement over the Easement Area shall be considered one Easement User, no matter how many owners there may be of each lot. Any other easement granted to a lot owner shall not interfere with the use of the Easement Area for access to properties of the Easement Users without the consent, in writing, of the Easement Users. This Easement shall be subordinate to the City's 1 storm sewer installation and the City maintains the right to repair and maintain the Storm Sewer. The City shall return the bituminous driveway to substantially the same condition it was in prior to any repair and maintenance work by the City. No consent shall be required for the City to install itself such other utilities as it deems necessary and to grant easements to other entities the right to install public utilities, including but not limited to gas, electric, cable television, telephone and other telecommunications including but not limited to the delivery of data, voice, and video. 3. Maintenance. The owners of the Kreuscher Property may construct a bituminous driveway with curb and gutter along with connection to the existing City storm sewer, located upon the City Property in accordance with the Development Agreement between the Hustad Development Corporation and the City dated March 16, 1993 and all amendments thereto. If the owners of the Kreuscher Property elect to construct said driveway they shall submit detailed plans for City approval prior to the construction of the driveway and shall construct it in full compliance with said plan. The owners of the Kreuscher Property shall comply with all laws, rules, regulations and requirements of public authorities relating in any manner whatsoever to the driveway located upon the City Property. If constructed by the owners of the Kreuscher Property,the owners of the Kreuscher Property shall keep the driveway neat, orderly in condition and appearance, and in good repair subject to the other Easement Users obligations of contribution contained within this Agreement. 4. Construction Costs. Until such time, if ever, that the City grants to other lot owners easement rights over the Easement Area, the costs of installation, maintaining and repairing of the driveway located upon the City Property shall be paid exclusively by the owner of the Kreuscher Property at the time any said installation or repairs are actually commenced. If the City grants to other lot owners adjacent to the City Property an easement for access on, over or across the Easement Area then the cost of installation shall be shared by the lot owners having an easement right on the following basis: The initial driveway is agreed to have a useful life of twenty (20) years and the coston a straight line basis over of installation shall be depreciated s g said twenty (20) year period. All new Easement Users shall pay to the existing Easement Users, which amount shall be divided equally among the existing Easement Users, an amount equal to the then undepreciated costs of installation of the driveway divided by the total number of Easement Users including the new Easement User. The amount paid shall be divided equally between the then current Easement Users. The costs of repair and maintenance of the driveway shall be the responsibility of all Easement Users of the Easement Area and shall be borne equally among all Easement Users. A new Easement User shall not be responsible for expenses for repair and maintenance incurred prior to the grant by the City of an easement to such Easement User. Repair and maintenance shall include, but not be limited to,the replacement, patching and sealing of the bituminous driveway as well as the costs incurred in snow removal. The Easement Users shall also be responsible for the repair and maintenance of the catch basin to include metal casting and adjustment rings. The City shall be responsible for repair and maintenance of the existing storm sewer pipe and precast concrete portion of the catch basin (not including metal casting and adjustment rings). 5. Repair and Maintenance Costs. The Easement Users shall be responsible for a proportional amount of all costs incurred in maintaining and repairing all such improvements as 2 referenced in paragraph 4 above. The formula to be used for calculating each Easement Users proportional costs of maintenance and repair shall be: A numerator of 1 over a denominator equal to the number of Easement Users who have been granted an easement for access on, over or across the Easement. 6. Duration. The easements, covenants, conditions and restrictions contained herein shall be permanent subject to the specific provisions and limitations hereof and shall create mutual benefits and covenants running with the City Property, and shall be binding upon any owner, tenant or occupant of the City Property, the Kreuscher Property and their respective legal representatives, heirs, successors and assigns of each. 7. Sole Agreement. This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by all parties. This Agreement constitutes the entire agreement between the parties with respect to the easements set forth herein and supersedes all prior negotiations, discussions, writings and agreements between them in connection therewith except as set forth herein. 8. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the City Property to or for the general public or for any public purposes whatsoever, it being the intention of the City and Kreuschers that this Agreement shall be strictly limited to and for the purposes herein expressed. 9. Attorneys' Fees. In the event of any controversy, claim or dispute relating to this Agreement, including the enforcement of paragraph 5 hereinabove, 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,attorneys' fees and costs. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. Partial Invalidity. 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 affected 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. 13. Rights Reserved. The City reserves and shall continue to enjoy the use of the City Property for any purpose which does not interfere with or prevent the use of the easement herein granted. 3 14. Indemnification. All Easement Users, including the initial users being the owner of the Kreuscher Property hereby agree to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any claims, demands, expenses, attorneys fees and liability arising out of construction, use and/or maintenance of the driveway located upon City Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. THE CITY OF EDEN PRAIRIE OWNERS By: Nancy Tyra-Lukens, Mayor Robert H. Kreuscher By: Scott H.Neal, City Manager Lorri H. Kreuscher STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 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 STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 2005, by Robert H. Kreuscher. 4 Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 2005, by Lorri H. Kreuscher. Notary Public 5 CITY COUNCIL AGENDA DATE: SECTION: March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. 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 139014 - 139411 Wire Transfers 2203 - 2209 Background Information Attachments City of Eden Prairie Council Check Summary 03/15/205 Division Amount General 37,660 100 City Manager 526 101 Legislative 1,788 102 Legal Counsel 24,183 110 City Clerk 917 111 Customer Service 6,750 112 Human Resources 4,653 113 Communication Services 35,323 114 Benefits&Training 494 115 Risk Management 28 116 Facilities 111,841 117 City Center 90,935 131 Finance 474 132 Social Services 245 133 Community Development 899 135 Information Technology 18,198 136 Wireless Communication 812 137 Economic Development 1,627 150 Park Administration 1,602 151 Park Maintenance 10,749 153 Athletic Programs 1,348 154 Community Center 4,697 156 Youth Programs 4,110 158 Senior Center 5,772 159 Recreation Administration 6,943 160 Therapeutic Recreation 520 161 Oak Point Pool 303 162 Arts 1,328 163 Outdoor Center 480 164 Park Rental Facilities 194 180 Police 28,939 183 Civil Defense 63 184 Fire 672,221 185 Animal Control 228 200 Engineering 2,676 201 Street Maintenance 4,134 202 Street Lighting 35 203 Fleet Services 43,407 301 CDBG 188 303 Cemetary Operation 7 304 Senior Board 87 314 Liquor Compliance 144 315 Economic Development 17,597 316 WAFTA 252 418 HRA 2002A Lease Revenue Bonds 1,000 421 2003A Park Bonds Refunding 374 422 G.O W/Sewer Refund 2003B 374 423 2003C Open Space Bonds 374 502 Park Development 87,730 503 Utility Improvement 2,367 506 Improvment Bonds 1996 148,128 509 CIP Fund 11,986 511 Construction Fund 244,541 515 Fire Station#4 5,879 601 Prairie Village Liquor 57,452 602 Den Road Liquor 92,059 603 Prairie View Liquor 49,201 605 Den Road Building 8,822 701 Water Fund 87,482 702 Sewer Fund 1,922 703 Storm Drainage Fund 4,303 800 TIF 4,279 803 Escrow Fund 17,261 806 SAC Agency Fund 27,550 807 Benefits Fund 419,597 Report Totals 2,418,060 City of Eden Prairie Council Check Register 3/15/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2203 723 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 2204 63,554 MINNESOTA DEPT OF REVENUE Open Fees Ice Arena 2205 25,353 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2206 127,476 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2207 10,541 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2208 15,532 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2209 75,283 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 139014 200 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 139015 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 139016 90 BLOOMINGTON ARTS CENTER Special Event Fees Leisure Education 139017 80 BOLD,PAULINE Instructor Service Outdoor Center 139018 200 CAMPOS,LORI Instructor Service Outdoor Center 139019 167 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 139020 5,625 CORNERSTONE Other Contracted Services Legal Council 139021 54 HENNEPIN COUNTY TREASURER-SURV Operating Supplies Engineering 139022 4,279 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services EP Shopping Center 139023 170 IAFC Dues&Subscriptions Fire 139024 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 139025 182,755 MEDICA CHOICE Medical Bills Prepaid Health and Benefits 139026 22 MENARDS Repair&Maint.Supplies Fire 139027 15,791 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 139028 1,892 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 139029 3,570 MINNESOTA STATE TREASURER Building Surcharge General Fund 139030 828 PRAIRIE FRAMING Video&Photo Supplies Parks Administration 139031 249 PROP United Way Withheld General Fund 139032 49 QUICKSILVER EXPRESS COURIER Postage Communication Services 139033 3,648 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 139034 190 RICCAR Mechanical Permits General Fund 139035 149 SKILLPATH SEMINARS Conference Expense Communication Services 139036 160 SOCIETY FOR HUMAN RESOURCE MNG Dues&Subscriptions Human Resources 139037 240 ST PAUL POLICE CANINE UNIT Tuition Reimbursement/School Police 139038 5,083 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 139039 14 STATE OF MINNESOTA Operating Supplies Fleet Services 139040 193 TCM,A TIME INC COMPANY Dues&Subscriptions Fitness Center 139041 279 UNITED WAY United Way Withheld General Fund 139042 130 UNIVERSITY OF MINNESOTA Conference Expense Parks Administration 139043 777 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 139044 550 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 139045 152 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 139046 330 WALKER,MARK AR Utility Water Enterprise Fund 139047 62 WOMEN IN THE FIRE SERVICE INC Operating Supplies Fire 139048 30,809 XCEL ENERGY Electric City Hall-CAM 139049 640,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire 139050 25 EISENBERG,JENNIFER Program Fee Winter Skill Development 139051 100 GAVIN,LISA Refunds Environmental Education 139052 176 GE CAPITAL Other Rentals General 139053 336 GREATAMERICA LEASING CORP. Other Rentals General 139054 392 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 139055 193 HENNEPIN COUNTY TREASURER Operating Supplies Planning 139056 240 LACROSSE UNLIMITED Instructor Service After School Programs 139057 307 MALONE,TOM Instructor Service Preschool Events 139058 94 MAROTTA,VIC Instructor Service Winter Skill Development 139059 75 MARSHALL FIELDS Contract Svcs-General Bldg Fire Station#2 139060 128 MARSHALL FIELDS Contract Svcs-General Bldg Fire Station#2 139061 2,453 METRO SALES INCORPORATED* Office Supplies General 139062 878 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Winter Skill Development 139063 169 ORIENTAL TRADING COMPANY INC Operating Supplies Special Events&Trips 139064 278 PETTY CASH Special Event Fees Classes/Programs/Events 139065 10 PORTA,KITTY Program Fee Preschool Events 139066 161 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 139067 551 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering 139068 800 WALGREEN'S#5080 AR Utility Water Enterprise Fund 139069 250 WILDER,LOIS Other Contracted Services Classes/Programs/Events 139070 235 AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning 139071 99 BAILEY,SCOTT Outside Water Sales Water Enterprise Fund 139072 75 DAKOTA COUNTY TECHNICAL COLLEG Licenses&Taxes Fleet Services 139073 6,741 ELAN FINANCIAL SERVICES Software Information Technology Check# Amount Vendor/Explanation Account Description Business Unit 139074 90 FARR,EDWARD Lessons&Classes Fitness Classes 139075 46 FAWVER,KEVIN Lessons&Classes Oak Point Lessons 139076 45 GLOEGE,MONICA Lessons&Classes Pool Lessons 139077 10 HOLT,AMY Program Fee Preschool Events 139078' 96 KRESS,CARLA Mileage&Parking Senior Center Administration 139079 100 LAUF,LORI Refunds Environmental Education 139080 120 LEAGUE OF MINNESOTA CITIES Conference Expense Park Maintenance 139081 100 LONEY,PATRICK&SHERRI Refunds Environmental Education 139082 150 MACQUEEN EQUIPMENT INC Conference Expense Water Utility-General 139083 32 MATHWIG,KATHY Lessons&Classes Ice Arena 139084 125 MINNEAPOLIS FOUNDATION,THE Conference Expense Housing,Trans,&Human Sery 139085 35 MSSA Licenses&Taxes Fleet Services 139086 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 139087 1,268 ORDWAY CENTER Special Event Fees Red Hat 139088 344 PITNEY BOWES INC Other Rentals General 139089 100 POLLINO,SUE Refunds Environmental Education 139090 45 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 139091 179 QWEST Telephone Sewer Liftstation 139092 20 RED HAT LIFESTYLE Operating Supplies Red Hat 139093 100 RIEDEMANN,GRANT Refunds Environmental Education 139094 190 SOUTHWEST METRO TRANSIT Other Contracted Services Economic Development 139095 673 SOUTHWEST MN STATE UNIVERSITY Tuition Reimbursement/School Fire 139096 17 STAR TRIBUNE Misc Taxable Den Road Liquor Store 139097 27 STATE OF MINNESOTA Operating Supplies Fleet Services 139098 10 SULLIVAN,GAVIN Program Fee Preschool Events 139099 140 TWIN CITIES ARMA Conference Expense City Clerk 139100 368 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 139101 481 WALMART COMMUNITY Other Contracted Services Economic Development 139102 192 XCEL ENERGY Electric Purgatory Creek Rec Area 139103 76 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 139104 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 139105 57 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 139106 7,207 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 139107 85 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 139108 306 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 139109 7,503 DAY DISTRIBUTING Beer Prairie View Liquor Store 139110 166 DETANGO Misc Taxable Den Road Liquor Store 139111 4,488 EAGLE WINE COMPANY Transportation Prairie Village Liquor Store 139112 11,363 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 139113 560 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 139114 476 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 139115 7,879 GRIGGS COOPER&CO Liquor Den Road Liquor Store 139116 235 HOHENSTEINS INC Beer Den Road Liquor Store 139118 32,718 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 139119 8,328 MARK VII Beer Den Road Liquor Store 139120 471 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 139121 679 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 139122 5,657 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 139123 16,219 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 139124 195 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 139125 2,811 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 139126 12,011 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 139127 44 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 139128 8,304 THORPE DISTRIBUTING Beer Den Road Liquor Store 1.391.29 2,592 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 139130 7,249 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 139131 160 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 139132 2,348 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 139133 22 ALTA HEATING&PLUMBING INC Cash Over/Short General Fund 139134 142 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 139135 11,525 BENIEK PROPERTY SERVICES INC. Contract Svcs-Snow Removal City Hall-CAM 139136 209 CENTERPOINT ENERGY Gas Crestwood Park 139137 538 DELLIQUANTI,JULIE Instructor Service After School Programs 139138 56 ESBENSEN,GEORGE Operating Supplies Fire 139139 93 HENNEPIN COUNTY TREASURER Operating Supplies Planning 139141 45 JONES,DARCY Lessons&Classes Pool Lessons 139142 111 KEATING,MARY Mileage&Parking Housing,Trans,&Human Sery 139143 77 KRAEMERS HARDWARE INC Repair&Maint.Supplies Fire Station#2 139144 38 MENARDS Small Tools Sewer System Maintenance 139145 750 MINNESOTA AWWA Conference Expense Water Utility-General 139146 129 MINNESOTA DEPT OF NATURAL RESO Licenses&Taxes Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 139147 55 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 139148 8 NORTHERN TOOL Small Tools Fleet Services 139149 338 PELTIER,JAMES Operating Supplies Fire 139150 94 PETTY CASH-EPCC Mileage&Parking Community Center Admin 139151 134 PIZZA HUT Special Event Fees Teen Programs 139152 8 QUICKSILVER EXPRESS COURIER Postage Communication Services 139153 385 QWEST Telephone Forest Hills Park 139154 125 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 139155 7 SHAH,BHAVNA Lessons&Classes Oak Point Lessons 139156 58 TWIN CITY AREA LABOR MGMT COUN Conference Expense Water Utility-General 139157 2,121 U S BANK Paying Agent 2003A G.O.Park Refunding 139158 16 UPS Postage Fire 139159 566 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 139160 30 BERGSTROM,JULIE Clothing&Uniforms Police 139161 100 BRADLEY,JOHN AND DEBBY Refunds Environmental Education 139162 5,366 CORNERHOUSE Other Contracted Services Police 139163 500 CROW WING COUNTY SHERIFF'S DEP Deposits Escrow 139164 87 DAVIS,BOB Clothing&Uniforms Police 139165 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 139166 144 DILLON,JOAN Other Contracted Services Classes/Programs/Events 139167 201 FEDEX Equipment Repair&Maint Fleet Services 139168 2,186 FOURTH JUDICIAL DISTRICT Printing Police 139169 100 FREESE,VINCENT AND JO Refunds Environmental Education 139170 100 GELLERMAN,ANNETTE Refunds Environmental Education 139171 18,558 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 139172 1,294 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 139173 100 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 139174 4,573 HENNEPIN COUNTY TREASURER Board of Prisoner Police 139175 50 IAPE Dues&Subscriptions Police 139176 495 IIMC Conference Expense City Clerk 139177 90 IMATION IMAX THEATRE Special Event Fees Trips 139178 18 IRLBECK,RYAN Outside Water Sales Water Enterprise Fund 139179 100 J H LARSON COMPANY Supplies-Security City Hall-CAM 139180 100 KOEHLER,GERALDINE Refunds Environmental Education 139181 100 KROUTH,TERRANCE AND CHRISTINE Refunds Environmental Education 139182 50 LINEHAN,CHRISTI Refunds Environmental Education 139183 100 MCLEOD COUNTY RECORDER Licenses&Taxes Police 139184 64 MINNESOTA DEPT OF HEALTH Conference Expense Water Utility-General 139185 200 MOORHEAD POLICE FEDERATION Tuition Reimbursement/School Police 139186 148 MORROW,JAMES Travel Expense Police 139187 144 MURPHY,PARICK Other Contracted Services Liquor Compliance 139188 304 PETTY CASH-POLICE DEPT Travel Expense Police 139189 62 RUMFORD,JOAN Operating Supplies Senior Board 139190 355 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 139191 117 STOVRING,LESLIE Mileage&Parking Storm Drainage 139192 60 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police 139193 462 VANDENBERGHE,MARK Travel Expense Police 139194 80 WILSON,JAMES Clothing&Uniforms Police 139195 105,368 XCEL ENERGY Electric Public Works/Parks 139196 55 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Treatment Plant 139197 15 ARC HENNEPIN-CARVER Conference Expense Parks Administration 139198 90 AT&T Pager&Cell Phone Police 139199 252 CAMPBELL KNUTSON,P.A. Legal WAFTA 139200 170 CASE,RON Miscellaneous City Council - 139201 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration 139202 1,335 EMPLOYERS ASSOCIATION INC Dues&Subscriptions Human Resources 139203 51 FUSSELMAN,STEVE Operating Supplies Winter Theatre 139204 29 GARDEN&ASSOC INC Other Contracted Services Police 139205 74 HANLON,KIM Operating Supplies Fire 139206 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 139207 272 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 139208 4,046 KMC TELECOM Telephone Telephone 139209 40 LEAGUE OF MINNESOTA CITIES Conference Expense Engineering 139210 200 MACQUEEN EQUIPMENT INC Conference Expense Engineering 139211 50 MACT Dues&Subscriptions Arts 139212 1,041 METRO SALES INCORPORATED* Other Rentals General 139213 11,484 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 139214 239 MICHAELSON,LIZ Operating Supplies Winter Theatre 139215 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 139216 3,197 MINNESOTA STATE TREASURER Building Surcharge General Fund 139217 206 ,MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House Check# Amount Vendor/Explanation Account Description Business Unit 139218 70 MSOCS Conference Expense Parks Administration 139219 137 QUINLAN PUBLISHING Dues&Subscriptions Police 139220 165 SECRETARY OF STATE Operating Supplies Economic Development 139221 395 SPRINT Computers Information Technology 139222 29 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering 139223 425 ULI-THE URBAN LAND INSTITUTE Dues&Subscriptions Community Development 139224 4,943 US POSTMASTER-HOPKINS Postage Community Brochure 139225 39 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 139226 779 W E LAHR COMPANY Equipment Parts Fleet Services 139227 90 WERTS,SANDY Mileage&Parking Arts 139228 285 WEST GROUP Training Supplies Water Utility-General 139229 97 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 139230 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 139231 444 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fire 139232 814 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 139233 4,283 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 139234 113,731 AMERICAN LIBERTY CONSTRUCTION, Building Park Acquisition&Development 139235 1,298 AMERICAN PUBLIC WORKS ASSN Dues&Subscriptions Engineering 139236 6,773 AMSAN BRISSMAN-KENNEDY Machinery&Equipment Community Center Maintenance 139237 8,964 ANCHOR PRINTING COMPANY Printing Communication Services 139238 223 ANCOM COMMUNICATIONS INC Operating Supplies Wireless Communication 139239 35 ANGSTROM ANALYTICAL INC Contract Svcs-Fire/Life/Sfty City Hall-CAM 139240 177 ARMOR SECURITY INC. Contract Svcs-Security Park Shelters 139241 233 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 139242 3,493 AUDIOVISUAL INC Video&Photo Supplies Communication Services 139243 69 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 139244 102 BACHMANS CREDIT DEPT Operating Supplies Special Events&Trips 139245 10,812 BAKER ASSOCIATES INC Other Contracted Services Communication Services 139246 530 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 139247 7,100 BENIEK PROPERTY SERVICES INC. Contract Svcs-Snow Removal City Hall-CAM 139248 451 BERRY COFFEE COMPANY Operating Supplies Fire 139249 406 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 139250 120 BIFFS INC Operating Supplies Fire 139251 106,377 BITUMINOUS ROADWAYS INC Improvement Contracts Construction Fund 139252 155 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations 139253 1,216 BONESTROO ROSENE ANDERLIK&AS Other Contracted Services Storm Drainage 139254 566 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 139255 2,300 BRAUN INTERTEC CORPORATION Improvements to Land Park Acquisition&Development 139256 1,590 CARDIAC SCIENCE INC Safety Supplies Fire 139257 112 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 139258 87 CATCO CLUTCH&TRANSMISSION SE Small Tools Fleet Services 139259 636 CHAGRIN VALLEY AUTO PARTS Small Tools Fire 139260 600 CLAREYS INC Other Contracted Services Sewer Utility-General 139261 10,988 COMPAR INC Miscellaneous Information Technology 139262 204 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 139263 3,500 CONFINED SPACE SERVICES INC Training Supplies Fire 139264 193 CONNEY SAFETY PRODUCTS Protective Clothing Water Utility-General 139265 4,385 CORPORATE EXPRESS Office Supplies Police 139266 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 139267 100 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant 139268 5,598 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 139269 1,201 CY'S UNIFORMS Clothing&Uniforms Police 139270 18 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Services 139271 1,636 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape Garden Room Repairs 139272 4,609 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 139273 2,651 DELL Computers Information Technology 139274 43,990 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 139275 48,925 DMJ CORPORATION Improvement Contracts Construction Fund 139276 2,563 DOODY MECHANICAL SERVICE Contract Svcs-Int.Landscape City Hall-CAM 139277 8,132 DRT TRANSPORT Other Contracted Services Lime Sludge 139278 181 DYNAMIC IMAGING SYSTEMS INC Equipment Repair&Maint Telephone 139279 846 EARL F ANDERSEN INC Signs Traffic Signs 139281 1,606 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 139282 1,020 EDEN PRAIRIE APPLIANCE Capital Under$2000-Gen Bldg Fire Station#1 139283 280 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Rehab 139284 174 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 139285 332' EF JOHNSON Equipment Repair&Maint Wireless Communication 139286 400 EID,SCOTT Other Contracted Services Broomball 139287 12 ELVIN SAFETY SUPPLY INC Safety Supplies Fire 139288 2,077 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 139289 501 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 139290 614 ETHANOL PRODUCTS LLC Chemicals Water Treatment Plant 139291 165 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 139292 640 FERRELLGAS Motor Fuels Fleet Services 139293 27 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 139294 1,566 FIRENET SYSTEMS INC Other Contracted Services Water Treatment Plant 139295 1,163 FLORAN TECHNOLOGIES Repair&Maint.Supplies Water Treatment Plant 139296 424 FORE MECHANICAL,INC Contract Svcs-HVAC Fire Station#2 139297 420 FRERICKS,KOREY Other Contracted Services Basketball 139298 177 G&K SERVICES Clothing&Uniforms Street Maintenance 139299 974 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 139300 84 GEBO,ROBERT L. Other Contracted Services Volleyball 139301 326 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 139302 856 GILBERT MECHANICAL Contract Svcs-HVAC City Hall-CAM 139303 30 GINA MARIAS INC Operating Supplies Fire 139304 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 139305 288 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 139306 418 GRAINGER Operating Supplies Street Maintenance 139307 224 GS DIRECT Operating Supplies Engineering 139308 2,500 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Environmental Education 139309 9,536 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 139310 26,269 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 139311 275 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Services 139312 14,415 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 139313 303 HUDSON MAP COMPANY Operating Supplies Police 139314 816 IND SCHOOL DIST 272 Gym Rental Volleyball 139315 2,093 INITIALLY YOURS MONOGRAMMING Miscellaneous Communication Services 139316 135 INNOVATIVE GRAPHICS Clothing&Uniforms Police 139317 69 INSIGHT PUBLIC SECTOR Office Supplies General 139318 1,796 INTEREUM INC Capital Under$2,000 Furniture 139319 2,139 ITS A KEEPER Other Contracted Services Communication Services 139320 55 J H LARSON COMPANY Supplies-General Bldg Public Works/Parks 139321 751 JANEX INC Capital Under$2,000 Water Treatment Plant 139322 187 JIM HATCH SALES CO Equipment Parts Fleet Services 139323 573 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 139324 20 JW PEPPER&SON INC Operating Supplies Community Band 139325 6,756 KENNAMETAL INC Equipment Repair&Maint Fleet Services 139326 184 KESLER DECKS AND HOMES REPAIRS Other Contracted Services Water Meter Repair 139327 10 KRAEMERS HARDWARE INC Building Repair&Maint. Park Maintenance 139328 413 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 139329 375 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks 139330 1,843 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Senior Center 139331 826 LOVEGREEN INDUSTRIAL SERVICES Equipment Repair&Maint Water Treatment Plant 139332 196 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 139333 197 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 139334 7,810 MATTS AUTO SERVICE INC Other Contracted Services Police 139335 5,749 MCCOMB GROUP LTD Other Contracted Services Den Road Building 139336 490 MEDICINE LAKE TOURS Special Event Fees Trips 139337 342 MENARDS Operating Supplies Park Maintenance 139338 2,848 MERIT PRINTING Printing Fire 139339 50 METRO ATHLETIC SUPPLY Recreation Supplies Broomball 139340 976 METRO FIRE Repair&Maint.Supplies Fire 139341 200 METROPOLITAN FORD Equipment Parts Fleet Services 139342 1,623 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Water System Maintenance 139343 8,340 MIDWEST DESIGN CO Other Contracted Services Communication Services 139344 389 MIDWEST SIGN&SCREEN PRINTING Capital Under$2,000 Fleet Services 139345 36 MIKE'S SHOE REPAIR INC Protective Clothing Fire 139346 268 MINNESOTA CONWAY Operating Supplies Fire 139347 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 139348 243 MINNESOTA GLOVE INC Safety Supplies Fleet Services 139349 77 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 139350 305 MN STATE COLLEGES&UNIVERSITI Operating Supplies Fire 139351 130 MOORE MEDICAL CORP Safety Supplies Fire 139352 1,677 MOVING EQUIPMENT SALES Supplies-General Building City Center Operations 139353 210 MTI DISTRIBUTING INC Equipment Parts Fleet Services 139354 626 NFPA Dues&Subscriptions Fire 139355 289 NORCOSTCO Clothing&Uniforms Winter Theatre 139356 346 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 139357 218 NORTHERN TOOL Small Tools Street Maintenance 139358 499 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Police 139359 103 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 139360 375 NRPA Dues&Subscriptions Parks Administration Check# Amount Vendor/Explanation Account Description Business Unit 139361 97 OLSEN COMPANIES Operating Supplies Traffic Signals 139362 38 PAPER DIRECT INC Operating Supplies Prairie Village Liquor Store 139363 2,314 PBBS EQUIPMENT CORP Contract Svcs-HVAC City Hall-CAM 139364 227 PEPSI COLA COMPANY Merchandise for Resale Concessions 139365 2,000 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure 139366 149 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage 139367 3,457 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance 139368 550 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 139369 1,922 PREMIER RESTAURANT EQUIPMENT C Contract Svcs-Garden Romm Garden Room Repairs 139370 78,959 ROHN INDUSTRIES INC Improvement Contracts Improvement Projects 1996 139371 526 ROYAL TIRE INC Tires Fleet Services 139372 855 RUMPCA CO INC Waste Disposal Tree Removal 139373 38 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 139374 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 139375 799 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 139376 5,879 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Fire Station#4 139377 60 SHRED-IT Waste Disposal City Center Operations 139378 49,697 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 139379 446 SNAP-ON TOOLS Small Tools Fleet Services 139380 1,269 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 139381 1,484 SOUTH ST PAUL STEEL SUPPLY Building Materials Richard T.Anderson Cons.Area 139382 1,075 SOUTHWEST METRO TRANSIT Special Event Fees Red Hat 139383 687 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 139384 651 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 139385 17,579 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 139386 1,580 STAR TRIBUNE Employment Advertising Human Resources 139387 323 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Water Treatment Plant 139388 258 STONEBROOKE Equipment Parts Fleet Services 139389 8,629 STREICHERS Capital Under$2,000 Fleet Services 139390 446 SUBURBAN CHEVROLET Equipment Parts Fleet Services 139391 1,173 SUN NEWSPAPERS Employment Advertising Human Resources 139392 75 SWEET OCCASIONS FOR YOU Other Rentals Pool Special Events 139393 1,072 TAHER INC CATERING Special Event Fees Special Events&Trips 139394 1,665 THYSSENKRUPP ELEVATOR CORP Building Repair&Maint. Water Treatment Plant 139395 2,807 TKDA Other Contracted Services Utility Improvement Fund 139396 38 TOM'S WINDOW CLEANING Window Cleaning Den Bldg. Direct 139397 804 TRAFFIC CONTROL CORPORATION Equipment Parts Fleet Services 139398 189 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 139399 59 U.S.WATER NEWS Dues&Subscriptions Water Utility-General 139400 457 UNIFORMS UNLIMITED Operating Supplies Police 139401 217 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 139402 149 UNITED RENTALS HIGHWAY TECHNOL Other Rentals Water System Maintenance 139403 16,281 URS CORPORATION Deposits Escrow 139404 71,242 VALLEY PAVING INC Improvement Contracts Improvement Projects 1996 139405 625 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#5 139406 508 WATSON CO INC,THE Merchandise for Resale Concessions 139407 44 WEMYSS,SCOTT Operating Supplies Fire 139408 48 WEST WELD Small Tools Fleet Services 139409 105 WIGLEY,GRIFFIN J. Software Information Technology 139410 397 WM MUELLER AND SONS INC Sand Snow&Ice Control 139411 11,262 YALE MECHANICAL INC Machinery&Equipment Capital Impr./Maint.Fund 2,418,060 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A. City Council 2005 City Commission Appointments Requested Action Move to: Appoint to the Planning Commission John Stoltz,Vicki Koenig, and John Kirk—Terms to expire 03/31/2008 Move to: Appoint to the Heritage Preservation Commission Nina Mackay, Ed Muehlberg, and Jane Plaza—Terms to expire 03/31/2008 Move to: Appoint to the Human Rights and Diversity Commission Jeff Strate and Melissa Barra-Terms to expire 03/31/2008 Move to: Appoint to the Parks,Recreation and Natural Resources Commission Geri Napuck—Term to expire 03/31/2008 Synopsis The City Council held City Commission interviews on Tuesday, February 22, 2005. Twenty-eight candidates applied, overall, for consideration;twenty-four new applicants and four seeking reappointment. Nine candidates have been selected for appointment on March 15, 2005; six appointed for the first time, and three reappointments. There were no openings this year on the Arts &Culture Commission. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 15, 2005 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIV.B. Office of the City Manager Appointments to 2005 Board of Appeal and Equalization Requested Action Move to: Appoint to the Board of Appeal and Equalization Mike Best,Doug Malam,Annette O'Connor,Brian Duoos,and Patricia Pidcock for the period of April 20, 2005,through May 10, 2005, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for council approval are experienced real estate professionals with knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Doug Malam of REMAX Results is involved in the sale of single family properties in the southwest metro area. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the Eden Prairie City Council. Background From 1992 through 2004,the City has appointed a special Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie's BAE training session will take place on Wednesday,April 20, 2005. CITY COUNCIL AGENDA DATE: March 15, 2005 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. C. City Council Appointments of Chairs and Vice Chairs to City Commissions Requested Action Move to: Appoint Ray Stoelting -Chair and Kathy Nelson -Vice Chair of the Planning Commission Move to: Appoint Betsy Adams - Chair and Molly Gilbertson -Vice Chair of the Heritage Preservation Commission. Move to: Appoint Rob Barrett-Chair and Jeff Gerst-Vice Chair of the Parks, Recreation and Natural Resources Commission Move to: Appoint Larry Piumbroeck-Chair and Jeff Strate-Vice Chair of the Human Rights and Diversity Commission Move to: Appoint Susan Dickman -Chair and Steve Mosow Vice Chair of the Arts and Culture Commission Move to: Move to: Appoint Patricia Pidcock- Chair and Mike Best-Vice Chair of the Board of Appeal and Equalization Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." CITY COUNCIL AGENDA SECTION: Reports of Councilmembers DATE: March 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.XIV. A. 1. Councilmember Brad Aho Adopt resolution supporting increased state funding for I-494 improvements Requested Council Action: Move to: Adopt the resolution supporting legislation to increase state funding for transportation improvements to I-494 and the metro area system. Synopsis: The I-494 Corridor Commission is encouraging all the member cities to adopt a resolution prepared by the Commission supporting legislation to increase state funding for improvements to I-494 as well as the rest of the metropolitan transportation system. Possible sources of funding supported in the resolution include dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes, an increase in the license tab fee, a regional sales tax option, increased trunk highway and general fund bonding, state gas tax,and increased use of voluntary toll lanes. Background: Eden Prairie is a charter member of the 1-494 Corridor Commission, which was established in 1986 to work cooperatively with the neighboring cities of Plymouth, Minnetonka, Edina, Bloomington, and Richfield to improve mobility on 1-494. The Commission is involved in various lobbying efforts at both state and federal levels to increase funding for adding much needed capacity to I-494. Past efforts of the Commission helped secure funding for the construction of a third-lane between TH-100 in Bloomington to 1-393 in Minnetonka,which is now under construction and expected to be completed later this year. The next priority for the Commission is the expansion and reconfiguration of the I- 494/35W interchange, as well as added lanes through Bloomington and Plymouth. Attachments: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION ENCOURAGING LEGISLATION TO INCREASE FUNDING FOR I-494 CORRIDOR IMPROVEMENTS WHEREAS, the cities of Bloomington, Edina, Eden Prairie, Minnetonka, Plymouth and Richfield have joined together to promote improvement of I-494 from the Minnesota River to I-94 in order to increase road capacity and to improve the productivity and convenience of resident and businesses throughout the region; and WHEREAS, funding for improvements to the I-494 corridor, the Twin Cities metropolitan region and greater Minnesota has not kept pace with growth and demand; and WHEREAS, accelerating the scheduled expansion of I-494 is a common and high priority objective of the I-494 Corridor Coalition communities; and WHEREAS, the I-494 corridor is at overcapacity in many locations; the cost of traffic congestion along the corridor is $100 million per year, and congestion is expected to double in the next 20 years; and WHEREAS, these costs and the ramifications of congestion are an impediment to business development, economic growth, and reduce the overall quality of life in the metropolitan area; and WHEREAS,transportation funding, in inflation adjusted dollars, has declined by more than 25 percent over the past decade, transit is funded at 65 percent of that in similarly sized regions, and planners and government officials estimate that$700 million to $1 billion in improvements per year is needed over the next decade to simply keep up with anticipated congestion. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EDEN PRAIRIE that this Council supports legislation to decrease congestion and increase the state revenues available for improvements to the I-494 corridor and other metropolitan transportation systems including dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes, an increase in the license tab fee, a regional sales tax option, increased trunk highway and general fund bonding, an increase in the state gas tax, and increased use of voluntary toll lanes. ADOPTED by the City Council of Eden Prairie this 15th day of March, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk