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HomeMy WebLinkAboutCity Council - 08/02/2005 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 2,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL /CALL THE MEETING TO ORDER IL PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2005 B. CITY COUNCIL MEETING HELD TUESDAY,JUL Y 19,2005 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EAGLE RIDGE AT HENNEPIN VILLAGE - SIX by Pemtom Land Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5. Preliminary Plat of 16.9 acres into 40 single family lots and 4 outlots. (Ordinance for PUD District Review and Zoning District Change) C. APPROVE TRAIL EASEMENT AGREEMENT WITH EDEN BLUFF HOLDING LLC D. APPROVE ADDITIONAL CONSTRUCTION BUDGET FOR ADMINISTRATION AND INSPECTION WITH SRF CONSULTING GROUP FOR TH 212/PRAIRIE CENTER DRIVE IMPROVEMENTS,I.C. 01-5527 E. APPROVE PURCHASE OF ONE NEW TOP MOUNT RESCUE PUMPER (FIRE TRUCK) CITY COUNCIL AGENDA August 2, 2005 Page 2 F. AWARD CONTRACT FOR ENGINEERING CONSULTANT TO DESIGN AUDIOVISUAL CONTROL ROOM VII. PUBLIC HEARINGS/MEETINGS A. MAINTENANCE OUTDOOR STORAGE SITE by the City of Eden Prairie, Request for Site Plan Review on 17 acres. (Resolution for Site Plan Review) B. CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. SENIOR ISSUES TASK FORCE CHAIR AND VICE CHAIR XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. MLC Wrap-Up of Legislative Session 2. Report on Sundance Summit B. REPORT OF CITY MANAGER 1. Change Date of First Council Meeting for December (Resolution) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eagle Field Baseball Stadium Bids E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA August 2, 2005 Page 3 XIV. OTHER BUSINESS A. CLOSED SESSION (Review of City Manager's Performance/Compensation) XV. ADJOURNMENT ITEM NO.: V. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, JULY 19, 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, City Planner Mike Franzen, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, Liquor Store Managers Mitch Dean, Holly Smith and Bill Lempesis; City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H 1. UPDATE ON 312 PROJECT BY ZUMBRO RIVER CONSTRUCTORS & MNDOT Scott Risley of Zumbro River Constructors and Jon Chiglo of MnDOT gave a PowerPoint presentation on the Highway 212 Project. The project update included a review of interchanges, noise mitigation measures, and environmentally sensitive areas. Chiglo said it is now easier to get information on the project by going to the website www.mndot.gov or calling 952.368.3041. Open houses on the project are scheduled for August 2 in Chaska; August 3 in Chanhassen; and August 4 in Eden Prairie. The groundbreaking ceremony will take place on August 20 at the Chaska Freshman Center from 11:00 a.m. to 2:00 p.m. Councilmember Aho asked about tree loss and mitigation. Mayor Tyra-Lukens said she had heard some homeowners were being contacted by the contractor about removing trees on private property. Chiglo said MnDOT will be dealing directly with any trees issues and any questions of this type should be directed to him. II. UTILITY OPERATIONS REVIEW Sue Kotchevar gave a PowerPoint presentation on the Utility Enterprise. She reviewed the history of the water system, dating back to 1971 when the first 10 miles of truck water mains were installed. She also reviewed the financial position of utility capital, and reported that total net assets as of December 31, 2004, were $120,765,362. The quarterly miscellaneous fee for each connection generates approximately $1.2 million in revenue annually; and SAC and WAC charges generated $1.8 million in revenue in 2004. Staff is not proposing change in fees for 2006/2007. Council Workshop Minutes July 19, 2005—page 2 As of December 31, 2004, total net assets of utility operations was $2,988,851. Since 1998 water revenues have increased 4.3 percent annually and sewer revenues have increased 1.8 percent. Expenses have increased 3.5 percent. Staff is recommending an increase in water fees of$.05 per 1,000 gallons in 2006. This would result in an increase of approximately $140,000 to $160,000 in revenue annually. Total net assets of the storm drainage enterprise as of December 31, 2004, were $28,127,806. Revenue has increased an average of 2.3 percent annual since 1998. Kotchevar reported that a new utility billing system will be implemented in January 2006. The new system will feature improved reporting capabilities, service order tracking, and an online payment option and account review. Mayor Tyra-Lukens said she would like Finance to look into a monthly billing option at some point. As a resident, it would be helpful to know how much water you are using on a more frequent basis. It would be nice to track an account online on a monthly basis, even if not being billed on a monthly basis. III. LIQUOR STORE OPERATIONS REVIEW Kotchevar reviewed the history of the City's liquor operation, dating back to the opening of its first store in 1977. Kotchevar also reviewed the results of the liquor business plan prepared for the City by McComb Group. The report evaluates trade area and market share; projected sales; the possibility of adding store locations; and competition. The report indicates Eden Prairie liquor stores as good or better than their primary competitors. The report projects increasing sales through 2010. The report recommends hiring a merchandising specialist, retaining a portion of future profits for capital needs, and changing outdoor signage to incorporate the City's new logo. Coucilmember Aho asked how much work it would take to separate the liquor store operations from the rest of the budget. He said it can be confusing when that is lumped in with the rest of the City's general operations. Neal suggested that perhaps on the check register it could be called out more precisely to make it easier to understand. Mayor Tyra-Lukens said it was worth the cost of the study for McComb Group to confirm that we really do not need a fourth liquor store. Councilmember Butcher wants to make sure word gets out to the community that the municipal liquor stores allow the City to control access to alcohol and profits are returned to the community. Council Workshop Minutes July 19, 2005—page 3 Council Chamber II. OPEN FORUM Ned Hirschler said residents living near Midwest Asphalt were not informed by the City about the L.G. Everist aggregate transfer proposal in a timely manner. He asked if there is any way a list of concerned residents could be compiled. He said sound,visual effects, and truck traffic are concerns residents have in relation to the proposal. City Manager Scott Neal said Rick Everist has agreed to meet with the neighborhood group during the Council meeting, so the discussion item for L.G. Everist is being pulled from the Council agenda. Neal said staff will be discussing ways in which residents can be kept better informed of future developments with Midwest Asphalt and L.G. Everist. III. OPEN PODIUM IV. ' ADJOURNMENT ITEM NO.: V. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 19,2005 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY COUNCIL STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, and Council Recorder Carol Pelzel 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. PRESENTATION OF 2005 MRPA AWARDS OF EXCELLENCE Neal introduced Michael Schmidt, a representative from the Minnesota Recreation and Park Association(MRPA). Schmidt will be presenting to the City four MRPA Awards of excellence for various projects throughout the City. Schmidt explained to the Council that every year the MRPA distributes awards of excellence to various projects and this year Eden Prairie is the recipient of four awards. He presented a brief background of the Association and explained that 26 projects were nominated for awards this year and 16 awards were given out with Eden Prairie receiving four of those 16. The projects receiving the awards were: Purgatory Creek Recreation Area; Riley-Jacques Barn Rehabilitation; The Gathering Bridge; and Eden Prairie International Festival. On behalf of the City Council, Mayor Tyra-Lukens expressed her appreciation to the Parks and Recreation staff for the wonderful job they have done on these projects. She stated that the City has a great park system and it is nice to see them evaluated against other city parks. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal asked that item XIV. C. 11. G. Everist, Inc. be removed from the agenda.Neal mentioned that he asked the City Attorney to attend the meeting being held downstairs at this time regarding the L.G. Everist matter. CITY COUNCIL MEETING July 19 2005 Page 2 Motion: Aho moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL OPEN FORUM HELD TUESDAY,JULY 5,2005 MOTION: Case moved, seconded by Butcher,to approve as published, the minutes of the City Council Open Forum held July 5, 2005. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUL Y 5,2005 Aho asked that the minutes be corrected to show that in Item XIII B - Senior Issues Task Force Appointments that Butcher made the motion,not Aho and in Item XIII.D. Park Referendum Recommendation that Butcher made the first motion, not Aho. MOTION: Butcher moved, seconded by Case,to approve as corrected,the minutes of the City Council meeting held July 5, 2005. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 13-2005 AMENDING CITY CODE SECTION 11.30, RELATING TO SHOWROOMS IN THE INDUSTRIAL DISTRICT C. ADOPT RESOLUTION NO. 2005-96 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 6TH ADDITION D. ADOPT RESOLUTION NO. 2005-97 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK E. AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR PARKING LOT EXPANSION AT STARKEY LABORATORIES F. ADOPT RESOLUTION NO. 2005-98 OF SUPPORT AUTHORIZING FRIENDSHIP VENTURES TO APPLY FOR STATE CAPITAL GRANT- IN-AID PROJECT GRANT G. AWARD CONTRACT FOR FIRE STATION NO. 4 UTILITY EXTENSIONS ASSOCIATED WITH TH 212 DESIGN-BUILD PROJECT, I.C. 055654 H. AUTHORIZE PARTICIPATION IN THE "MINNESOTA WATER-LET'S KEEP IT CLEAN" PROGRAM CITY COUNCIL MEETING July 19, 2005 Page 3 MOTION: Case moved, seconded by Butcher, to approve Items A-H of the Consent Calendar. Motion carried, 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case,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". X. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2005-99 CALLING FOR A PARK BOND REFERENDUM Neal explained that the Council is being asked for final approval for the exact language to be placed on the ballot for the park referendum and the order the questions are to be placed on the ballot. Neal further explained that a question was raised as to whether or not the order of the questions could be changed. Bond Counsel has stated that one common ballot must be used for each precinct. This is a standard ballot and the order in which the questions are being presented this evening are the order in which they will be placed on the ballot. Questions 1 and 2 are linked and Question 2 is dependent on the passage of Question 1. Butcher asked how the order of the questions was decided.Neal responded that the order is the order in which the questions were presented at the Council meetings and the various public meetings. Motion: Case moved, seconded by Butcher, to adopt Resolution No. 2005-99 determining the necessity of issuing general obligation bonds and calling a special election; and to approve the notice of a special election on November 8, 2005, and the four questions as stated. Motion carried 5-0. XI. PETITIONS, REOUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL MEETING July 19, 2005 Page 4 B. REPORT OF CITY MANAGER Neil informed the Council that a special workshop has been scheduled for Tuesday, July 26, at 5:30 p.m. for the purpose of reviewing early budget forecasts in preparation for the 2006-2007 budget process. At an August workshop the final budget will be presented. Neil reminded the Council that National Night Out is scheduled for August 2. Neil reported that he and several other staff members met with representatives from the Hennepin Regional County Rail Authority. The Authority would like the opportunity to present to the Council a brief video that shows some of the issues they are having with managing the Southwest LRT bike trail. The County is trying to develop a policy they could implement for unapproved uses of that space. Staff will schedule a presentation for a future Council meeting. Neil explained that the National League of Cities conference will be held in Charlotte,North Carolina and funds have been budgeted for Council participation. He asked that any Councilmember interested in attending or needing assistance in registering for the conference contact Lorene McWaters. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:20 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Police/ Clerk's License Application List VI. A. Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Solid Waste Collector Thaemert Custom Work, Inc. —Hamburg, MN - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning VI. B. Janet Jeremiah Eagle Ridge at Hennepin Village 61n Michael Franzen Addition Requested Action Move to: • Approve 2„d Reading of the Ordinance for PUD District Review and rezoning from Rural to R1-9.5; and • Approve the Development Agreement for Hennepin Village Limited Partnership Synopsis This project was initially approved for 40single family lots. The plan has been revised to 40 lots. The developer agreement includes a provision for affordable housing as covenants and restrictions with a term of December 31, 2045 with restrictions on price and transferability. The agreement includes disclosure statement for the airport and interior noise mitigation. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Summary Ordinance for PUD Zoning Change 3. Development Agreement EAGLE RIDGE AT HENNEPIN VILLAGE - SIX CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 10-2005-PUD-6-2005 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 Rural Zoning District and be placed in the Planned Unit Development R1-9.5 Zoning District 10- 2005-PUD-6-2005 (hereinafter "PUD-6-2005-R1- 9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 20, 2005, entered into between Hennepin Village Ltd Partnership, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-6-2005-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2005-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2005-R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2005-R1-9.5 are justified by the design of the development described therein. D. PUD-6-2005-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The is hereby adopted and the land shall be, and hereby is proposal y a p removed from the Rural Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2005-R1-9.5 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. .gY 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 7t" day of June, 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 2nd day of August, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2005. EXHIBIT A Legal Description: Outlot L of EAGLE RIDGE AT HENNEPIN VILLAGE FOUR, according to the recorded plat therof Hennepin County Minnesota. AND That part of Tract D, Registered Land Survey No 1667, lying northeasterly of Registered Land Survey No. 1730, Hennepin County, Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D; thence South 89 degrees 09 minutes 06 seconds West, assumed bearing along the north line of said Tract D, a distance of 2161.87 feet to the point of beginning of the line to be described; thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet; thence southeasterly along a tangential curve concave to the northeast, having a radius of 735.00 feet, and included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of said Registered land Survey No. 1730 and said line there terminating. g EAGLE RIDGE AT HENNEPIN VILLAGE - SIX CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 10-2005-PUD-6-2005 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 south of Charlson Road and east of Spring Road from the Rural Zoning District to the R1-9.5 Zoning District on 16.93 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2005. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT EAGLE RIDGE AT HENNEPIN VILLAGE 6TH ADDITION THIS T m r in o f Jul 5 2005 b HENNEPIN AGREEMENT made and entered to s o y y VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership ,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as „City WHEREAS, Developer has applied for Planned Unit Development Concept Review on 16.9 acres, Planned Unit Development District Review on 16.9 acres, Zoning District Change from Rural to R1-9.5 on 16.93 acres, and Preliminary Plat of 16.9 acres into 40 single family lots and 4, legally described as, Exhibit A, the "A (the "Property"); WHEREAS, the Property and other land was the subject of that certain development agreement entitled "Development Agreement Hennepin Village sites C and D, Office and Neighborhood Commercial made and entered into as of May 5, 20051 by HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership and the CITY OF EDEN PRAIRIE, a municipal co Agreement") filed April 9 2004 as corporation hereinafter referred to as Sites C and D Development A ree f P ( p g ) P Document Number 3944535 with the Office of the Registrar of Titles, Hennepin County, Minnesota; as amended by that certain Development Agreement Hennepin Office to Residential made and entered into as of May 17, 2005 by and between the same parties (hereinafter referred to as "Office to Residential Development Agreement"). The Sites C and D Development Agreement and the Office to Residential Development Agreement are collectively referred to as the "Amended Development Agreement/" WHEREAS, the Property was subject of that certain development agreement entitled "Development Agreement Hennepin Office to Residential entered into as of May 15, 2005 by HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership and the CITY OF EDEN PRAIRIE, a municipal corporation (hereinafter referred to as "Office to Residential Development Agreement") NOW, THEREFORE, in consideration of the City adopting Resolution No. 1 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5, and Resolution No. for Preliminary Plat, Developer agrees to develop the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and stamp dated June 7, 2005, reviewed and approved by the City Council on June 7, 2005, and attached hereto as the Plans and identified in Exhibit B. 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 development of, or construction on the Property 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 Property 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. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13, 2001, by Westwood Professional Services, Inc. (hereinafter referred to as Design Framework Manual" 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: 2 A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for any portion of the property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the area included within the requested permit. The final grading and drainage plan shall include pond designs for wet basins with adequate storage for the calculated NURP and 100 year flood events, 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. B. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final 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 final grading plan and City erosion control policy. C. 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 area to be graded. 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 ponds during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas for each building site 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 occupancy permit issuance. 3 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 each building site on 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 the occupancy permits Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said landscape bond as provided above, and provided that the rights of the City as obligee under such bond are not impaired or affected in any manner by any default or failure of the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor. 9. PERFORMANCE STANDARDS: Developer agrees that the development of the Property will occur in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for structures on the Property. 11. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the west side of Laitris Lane from Charlson Road to Junegrass Lane as depicted in the Plans. 4 B. An eight-foot wide bituminous trail to be located on the south side of Charlson Road from Liatris Lane to T.H. 212 as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 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 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. TREE REPLACEMENT: Tree replacement required is 784 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 784 caliper inches. This approved plan shall include 86 replacement shade trees of a 4-inch diameter minimum size and 108 conifer trees with a 10-foot minimum height. 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. 15. DESIGN FRAMEWORK MANUAL: The Design Framework Manual shall be applicable to the Property. Developer agrees to implement the Design Framework Manual and complete implementation prior to occupancy permit. 16. AFFORDABLE HOUSING: Developer shall maintain eight of the individual lots comprising the Property as Affordable Housing Units as defined below. Prior to the release of the Plat for any portion of the Property Developer shall present to the Community Development Director for her written approval Declarations for a 5 common interest community created under or governed by Chapter 515B, Minnesota Statutes, governing the Property which Declarations shall (i) identify which lots shall be reserved for the Affordable Housing Units and(ii) incorporate the terms of this paragraph 16. The Developer shall file the Declaration as approved by the Community Development Director with the Registrar of Titles for Hennepin County at the same time as the final plat for the Property is recorded. No conveyance of any portion of the Property to any third party shall be made unless the approved Declarations are recorded against the Property. No building permit shall be issued for any portion of the Property until Developer provides to the City proof of the filing of the approved Declaration 16.1 Definition. For purposes of this section, "Affordable Housing Units" is defined as housing units that are affordable to individuals or families whose income does not exceed 80% of the area median income in the year of purchase. Additionally, "affordable"means a residence that's monthly payments do not exceed 30% of the monthly income of the individuals or families referenced in the preceding sentence. 16.2 Price. Developer shall charge no more than what is determined to be affordable by the Minnesota Housing Finance Agency's standards, using standard underwriting practice, for each Affordable Housing Unit, adjustable yearly. For 2005, that amount is $193,700.00. 16.3 Restriction on Transfer. No Affordable Housing Unit shall be sold or transferred except to individuals or families who meet the requirements of 16.1 supra and for a Price no more than that determined at the time of sale pursuant to 16.2 supra. 16.4. Term. This section shall maintain in force until at least December 31, 2045. The City reserves the option to extend the term at that time. 17. PRIOR DEVELOPMENT AGREEMENT: As to the Property this Agreement supersedes in its entirety the Amended Development Agreement. 18. 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 12.9 acres in the amount of$74,626.50. Or Hennepin Village Limited Partner ship may pay off the assessment prior to release of the final plat. 19 INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit to the City Building Official, and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in Table 4 of 6 the Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise, adopted January 14, 2004. 20. DISCLOSURE OF INFORMATION: No lot within the plat of the Hennepin Village shall be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the plat of Hennepin Village unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot whichever comes first a disclosure statement in form and substance as attached as Exhibit F hereto regarding the Flying Cloud Airport and the planned extension of the East/West Connection Road to Eden Prairie Road. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser to deliver the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 7 Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company Its: General Partner Nancy Tyra-Lukens, Mayor By: Its: Scott H. Neal, 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 Pemtom Land Company, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership, by , its on behalf of the partnership. Notary Public 8 EXHIBIT A LEGAL DESCRIPTION Outlot L of Eagle Ridge at HENNEPIN VILLAGE FOUR, according to the recorded lat thereof Hennepin County Minnesota That part of Tract D, Registered Land Survey no. 1667, lying northeasterly of Registered Land Survey No. 1730, Hennepin County, Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D: thence South 89 degrees 09 minutes 06 seconds West, assumed bearing along the north line of said Tract D, a distance of 2161.87 feet to the point of beginning of the line to be described; thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet; thence southeasterly along a tangential curve concave to the northeast, having a radius of 735.00 feet, an included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of Registered Land Survey No. 1730 and said line there terminating. 9 EXHIBIT B PLANS: Preliminary Plat Site Plan dated May 6, 2005 by Westwood Professional Services, Inc Preliminary Grading, Drainage & Erosion Control Plan dated May 6, 2005 by Westwood Professional Services, Inc Preliminary Utility Plan dated May 6, 2005 by Westwood Professional Services, Inc Preliminary Landscape Plan dated May 6, 2005 by Westwood Professional Services, Inc Proposed Land Use Plan revised office area dated May 18, 2005 by Westwood Professional Services, Inc Architectural Repetition Control dated May 19, 2005 by Westwood Professional Services, Inc Architectural Elevations, pages 1-30 dated May 6, 2005 by Ryland Homes 10 EXHIBIT C 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 owners, their successors, and their assigns of the Property herein described. 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: 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. 11 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 and 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 12 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 b this Development Agreement. Notice shall be sent p p Y p g 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, 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 '/z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 13 EXHIBIT D - 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. 14 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. 1, 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: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): Address 15 EXHIBIT E AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2005, between the City of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk water mains, wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of$ $74,626.50 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto. 16 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED 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, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005,by the a Minnesota ,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 17 EXHIBIT F HENNEPIN VILLAGE DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or Developer's successors in interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of Airport Planner, Telephone No.: 612-726-8129 or 612- 726-8100. The City of Eden Prairie approval of the Planned Unit Development Concept Review by Resolution No. includes the planned extension of an extension of an East/West Connection Road from Spring Road to Eden Prairie Road as identified in PUD Concept Plan dated November 2, 2001 prepared by Westwood Professional Services, Inc., which document is on file with the Community Development Services Area of the City of Eden Prairie. 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy Newton Approve Trail Easement Agreement with Eden VI. C. Public Works/Engineering Bluff Holdings LLC, I.C. 05-5638 Requested Action Move to: Approve Trail Easement Agreement with Eden Bluff Holding LLC. Synopsis The dedication of the trail easement by Eden Bluff Holdings LLC is one of the conditions of the Eden Bluff Final Plat approval. This segment of trail provides a connection to the south side of Highway 212 and future trails along the Minnesota River Valley. Background Information The Highway 212/ Charlson Road Improvement project includes the construction of a pedestrian underpass of Highway 212. The trail easement is necessary in order for the City to construct an access trail to the pedestrian underpass. The dedication of this land by Eden Bluff Holdings LLC is the final requirement before the Final Plat for Eden Bluff can be released. The City Attorney has reviewed and is acceptable to the conditions of the Trail Easement Agreement. Financial Implications The trail easement is being provided at no cost to the city. Attachments Trail Easement Agreement TRAIL EASEMENT THIS TRAIL EASEMENT AGREEMENT(the"Agreement") is made this day of 2005, by and between Eden Bluff Holdings LLC, a Minnesota limited liability company (the "Grantor") and the City of Eden Prairie, a Minnesota municipal corporation (the "Grantee"). Statement of Facts A. Grantor is the owner in fee simple of that certain real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto (the "Property"). B. Grantee desires to obtain a perpetual trail easement for the installation, maintenance, operation and use of a trail facility over, under, across and through a portion of the Property C. Grantor hereby grants to Grantee such an easement on the terms and conditions specified herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby declares, creates and grants, for the benefit of Grantee, its successors and assigns, for the benefit of the public, a nonexclusive easement (the "Easement") for trail purposes upon that certain portion of the Property legally described on Exhibit B attached hereto and depicted on Exhibit C attached hereto as the "Proposed Trail Easement" The foregoing easement shall be subject to all easements, reservations and restrictions of record. 2. Grantor's Use. Grantor reserves the right to use the surface of the Easement Area and the ground beneath the surface of the Easement Area in any manner Grantor desires so long as it does not interfere with the installation,maintenance, operation or use of the trail. 1 3. Trail Construction. Grantee shall be responsible for and shall pay the cost of the trail construction on the Trail Easement Area. 4. Duration of Easement. The Easement shall be permanent and perpetual and shall run with the land and inure to the benefit of and be binding upon the parties, and their respective successors and assigns. 5. Entire Agreement. This writing represents the entire agreement and understanding of the parties with.respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Agreement may not be altered or amended except by an agreement in writing signed by both parties. 6. Enforcement. Grantee and Grantor shall have the right to enforce any and all provisions of this Easement. Such right of enforcement shall include both damages for and injunctive relief against the breach of any provision of this Easement. The failure to enforce any provision of this Easement, at any time, shall not constitute a waiver of the right to thereafter enforce any such provision or any other provision of this Easement. 7. Headings; Exhibits. The headings of sections in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. The Statement of Facts contained herein, and all schedules, exhibits, addenda or attachments referred to herein are incorporated in and constitute a part of this Agreement. 8. Construction. Both parties hereto acknowledge that they participated equally in the negotiation and drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than against the other. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which taken together shall constitute one and the same agreement. 10. Severability. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 11. Controlling Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. SIGNATURE PAGES FOLLOW 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. GRANTOR: EDEN BLUFF HOLDINGS LLC, a Minnesota limited liability company By: United Properties Investments LLC Its: Development nt B L LT%AP, y: Name: r Its: Exec ut' ice President By: Name: William P.Katter Its: Vice President STATE OF MINNESOTA ) ss. COUNTY O r ." This foregoing instrum nt was acknowledged before me this Z�L�y of.,,��� •. 2005 by Frank J. Dutke, Executive Vice President of United Properties Mvestrfient the Development Agent of Eden Bluff Holdings LLC, a Minnesota limited liability company, on behalf of the limited liability company. r � / ARDYCE E. HANSON NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Notary Pub&lc ■ STATE OF MINNESOTA ) ss. COUNTY C ) This foregoing instrument was acknowledged before me this day of 2005 by William P. Katter, Vice President of United Properties Investment LLC, thV De4elopment Agent of Eden Bluff Holdings LLC, a Minnesota limited liability company, on behalf of the limited liability company. r ARDYCE E. HANSON • NOTARY PUBLIC-MINNESOTA Notary Publ' • My Commission Expires Jan.31.2010 3 GRANTEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name: Nancy Tyra-Lukens Its: Mayor By: Name: Scott H.Neal Its: City Manager STATE OF MINNESOTA ) ss. COUNTY OF ) This foregoing instrument was acknowledged before me this day of , 2005 by Nancy Tyra-Lukes, the Mayor of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) This foregoing instrument was acknowledged before me this day of , 2005 by Scott H. Neal, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 4 Exhibit A Legal Description of the Property EDEN BLUFF HIGHLANDS, Hennepin County, Minnesota.. 5 Exhibit B Legal Description of the Easement That part of Outlot B, EDEN BLUFF HIGHLANDS, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Outlot B; thence southerly along the West line of said Outlot B 452.62 feet to the point of beginning; thence easterly deflecting to the left 63 degrees 28 minutes 05 seconds 32.67 feet; thence southerly deflecting to the right 44 degrees 06 minutes 30 seconds 69.41 feet to an angle point in the South line of said Outlot B; thence westerly and northerly along the South and West lines of said Outlot B to the point of beginning. 6 `` o --, DC tit 11 a ° 1� z°° 1.0 ° � a Parcel B 111 „ a coal. feet ;; 0 ;;; 111 @ a 111 %it 11 ® TEMPORARY CONSTRUCTION ��� EASEMENT Ill ,1 I CJ PROPOSED TRAIL EASEMENT 32.67 11 11 M i 1LL 11 n k >40.00 CONSTRUCTION LIMITS ---n ( I n 11 a it it p TEMP. EASEMENT I ®o y� EXIST. R/W' PROPOSED R/W — 69.43 --.---- TEMP. EASEMENT —212 g � .—� J YK1.7 0 ��•— EXIST. R/W •. 3 i RIGHT OF WAY ACQUISITION TH 2121CHARLSON ROAD Exhibit C Comm imCR OP,INC City of Eden Prairie 5263 7112QO05 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Randy Newton Approve additional construction budget for VI. D. Public Works/Engineering administration and inspection with SRF for TH 212 /Prairie Center Drive Improvements Requested Action Move to: Approve additional construction budget for administration and inspection with SRF Consulting Group, Inc. for the TH 212/Prairie Center Drive Intersection Improvements. Synopsis SRF is requesting an additional $60,000 construction budget for administration and inspection for the TH 212/Prairie Center Drive Intersection Improvement project. The request is a result of the additional effort necessary to effectively coordinate and oversee this complex and highly visible construction project. Background Information The TH 212/Prairie Center Drive Intersection Improvement project is a cooperative project with Mn/DOT that will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. Construction on the project began in mid-April and continues to proceed close to schedule. The project is currently anticipated to be completed by the end of August. The original Professional Services Agreement with SRF was for $291,108. In February 2005 the City Council approved an additional $60,000 design budget due primarily to the size and complexity of the project. The original construction budget for administration and inspection was based on a $1.2 million construction estimate. The actual construction cost will likely be in excess of$1.7 million. Based on the actual construction cost and the high level of coordination necessary to keep this project running smoothly staff recommends approval of the additional construction budget for administration and inspection. Attachments SRF Letter CONSULTING GROUP , INC . Transportation -Civil -Structural■Environmental •Planning■Traffic■Landscape Architecture■Parking SRF No. 0034775 0120 July 8, 2005 Mr. Randy Newton, P.E. CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Randy: SUBJECT: TH 212 AND PRAIRIE CENTER DRIVE EDEN PRAIRIE IC 01-5527 Thank you for meeting with us on July 8 to discuss the construction progress of the referenced project. We agree with you that the project has been moving along at an acceptable rate with relatively few problems and complaints. As you know, the TH 212-Prairie Center Drive project is a complex roadway widening job that has included a significant amount of coordination between SRF construction administration staff, the contractor, City staff and the local businesses. The additional coordination has included multiple traffic staging layouts, utility relocations and proactive communication with the adjacent businesses. We understood in April, at the beginning of construction, that this project would most likely require a significant amount of additional time and attention from our construction administration staff to keep it on track. We based our original estimate for construction administration on a preliminary construction cost of$1.2 million. The actual construction cost will be closer to $1.7 million, resulting in a larger than anticipated project. At this time, we would like to request a $60,000 extension of our in-construction budget in order to maintain the appropriate level of service through project completion. Please feel free to contact us to discuss any further questions you have regarding this budget increase request. Sincerely, SRF CONSULTING GROUP,INC. Matthew D. Hansen,P.E. Principal MDH/smf K.9CivilI047147751DOC"tterEdenPrairie070805.doe One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department George Esbensen Award Bid for One (1) new Rescue Pumper VI.E. Requested Action: Move to approve the purchase of one (1)new Top Mount Rescue Pumper(fire truck)from E- One Manufacturing in the amount of$381,394.66 Synopsis: This item was budgeted for under the CIP program for 2006 budget period. This new vehicle will replace current truck Engine #11 /Vehicle 4387. Background Information: In 2004, Fire Department personnel and fleet services staff worked collaboratively to develop a vehicle specification in anticipation of the purchase of Rescue Pumpers in 2004. Sealed bids were advertised with an opening date of July 26, 2004 at 2:OOPM for the purchase of three (3) new Rescue Pumpers. As a bid option, all bidders were requested to offer a discount for additional vehicle purchases in the future. Bids were received from four(4) qualified suppliers. E-One was awarded the original contract for the purchase of three (3) new Rescue Pumpers. E- One's bid included an option to purchase additional vehicles in the future. E-One has agreed to hold the price per truck at the 2004 pricing despite the substantial material costs which have occurred within their industry and additional planned increases forecasted in 2006 on the condition that a prepayment amount of twenty-five (25)percent of the purchase price is paid to E-One at the time of order with the remaining balance due in 2006 pursuant to the contract terms. Engine I INehicle 4387 is a 1988 LS9000 Ford with 2000 gallon water tank and water tender capability. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Award Contract for Engineering Consultant Communications/Pat Brink to Design Audio/Visual Control Room VI.F. Requested Action: Move to: Award contract for engineering services to design the replacement of the existing audio/visual control room equipment and improve Council Chamber lighting. Synopsis: Two quotes were received for this project. The preferred bid is from Michaud, Cooley, Erickson Consulting Engineers in the amount of$27,600. The other quote was from Jamieson and Associates, Inc. This company gave a range for its services of$23,015 to $28,300. Background Information: The consultant will work with City staff to identify the equipment needed in the control room;will prepare the RFP for the project, will assist in choosing best solution and best products and will manage the installation of the control room. June 8,2005 Pat Brink City of Eden Prairie Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Eden Prairie City Council Chamber Engineering Consulting Services Audio/Video System Replacement Design Engineering Services Proposal Dear Pat: Thank you for the opportunity to provide you with this engineering service fee proposal. We are submitting the proposal in response to your request, and based on our meeting and site survey of May 19'h. i SCOPE The Eden Prairie City Council Chamber is located in the City Hall in Eden Prairie, M. The Council Chambers are existing with an operational audio/video and lighting system. Due to the age of the system, a replacement is warranted. L ► i ' = This requested fee proposal is to design the replacement of the existing audio/visual system. Minor lighting changes have been requested to aid in video recording and CONSULTING ENGINEERS viewing comfort.. This fee proposal includes the lighting design as well. SERVICES Schematic Engineering Design Services will include of the following tasks: 1. Assist Eden Prairie with estimating costs of construction for the AN system replacement. This cost will be used to generate a CIP for the City. 2. Specific operational requirements for the system will be determined by MCE based upon the needs of the communications staff. 120DMETROPOUTAMCENTRE 333 SOUTH SEVENTH ST 3, Perform a survey of the existing building. MCE will survey the building and audit the existing installed audio/video equipment. Generate AutoCAD drawings of the FAX 612-394354 482 existing space. Demolition documents will be prepared as part of the construction FAX 612333&154 documents. TEL 612-339441 Construction Document Services will include the following tasks: PRINCIPALS: 1. Prepare a Request for Proposal (RFP)for bidding by pre—approved audio/visual and DEANA RUFERTY electrical contractors. The RFP will be based on requirements of the City. The MONTY L.TALBERT,JR audio/visual system design shall constitute a replacement of the existing system DOUMsC COOLEY excluding newly installed microphones,cameras,etc. JOSEPHA.TENNYSON 2. The RFP will include construction specifications and drawings, bidding form, and Pat Brink-Page 2 of 3 06/08/05 related construction documents. The RFP will be distributed to the pre-approved contractors for bidding. 3. Assist the City of Eden Prairie in identifying quality audio/visual contractors to perform the services required in the RFP. Only the most qualified contractors will be approved for bidding. 4. Conduct a pre—bid conference at the building for all invited contractors. A site tour will be available to the contractors, so that they may familiarize themselves with existing conditions. 5. Respond to bidding contractors' questions during the RFP process. 6. Interview selected audio/visual contractors as part of the selection process. Mandatory discussion points will be listed in the RFP that all selected A/V contractors must address during their interview session. MCE will conduct and assist with the contractor interviews. 7. Prepare a performance matrix for the City of Eden Prairie. The matrix will be a summary of the performance of each of the contractors at the interview session. An AN contractor shall be selected based upon the RFP process. The City of Eden Prairie will enter into an agreement with the successful contractor. Construction Management Services will include the following tasks: 1. Review system shop drawings from the selected audio/visual contractor. The drawings shall be reviewed by MCE for compliance with design intent, and any corrections or comments will be noted and submitted to the contractors, and to the City of Eden Prairie. 2. Schedule and attend construction site meetings throughout the installation process. Construction site meetings scheduled initially for twice every month are advised. MCE will attend the meetings and generate meeting minutes for distribution to designated parties. 3. Conduct final inspection and punch-out of the system, and prepare an itemized checklist of materials and labor not completed as indicated on the construction documents. 4. Supervise system testing to verify compliance with the construction documents. 5. Review As-Built Documentation for compliance with specification requirements. 6. Oversee substantial completion of project including verification of final testing, Owner/Administrator training,and presentation of warranty information. EXCLUSIONS 100% audio/visual system commissioning is not included. This service may be included for an additional fee. Reimbursable expenses are an addition to any fees quoted and include, but are not limited to, printing, plotting, transportation, facsimile correspondence, long distance phone calls, travel expenses, and postage. FEE Schematic Design Services (25%)...............................$ 6,400 Construction Document Services(55%)........................$15,400 Construction Management Services(20%)..................... 5,80 Total $27,600 Please contact me if you have any questions with regard to our proposed fee and scope of work as identified in this proposal. We thank you for contacting our firm to provide the engineering services for this project, and we look forward to working with the City of Eden Prairie. Sincerely, MICHAUD COOLEY ERICKSON Engineering Solutions Accepted this day of ,2005 City of Eden Prairie Joe Wetternach,P.E. signature Associate Copy: Monty Talbert,MCE Mike Plumedahl,MCE Kimberly Tuzinski,MCE CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Maintenance Outdoor Storage Site VII. A. Janet Jeremiah Gene Dietz Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Approval of Maintenance Outdoor Storage on 17 acres. Synopsis The request is to approve an 11,700 square foot building, grading plan and landscape for the maintenance outdoor storage site. Background Information There are two buildings proposed on site; a. salt and sand storage building and a future cold storage building for equipment with some potential for additional uses in the distant future. The exterior materials for the salt and sand storage building meet the requirements for I General zoning. The proposed building is 11,700 square feet and a .01 base area ratio. The code maximum is .30.The building is 44 feet tall. When measured to the midpoint of the roof to determine building height according to code, the building is 30feet tall. The code permits up to a 40 foot high building. The proposed plan meets the required setbacks of 75 feet for the front yard adjacent to 212, 30 foot side yard setbacks, and 50 foot rear yard setbacks for buildings,parking, and loading. The plan includes the required screening of the outdoor storage from public roads and adjacent land uses. The plan includes the required storm water treatment pond. Attachments 1. Resolution for Site Plan Review MAINTENANCE OUTDOOR STORAGE SITE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MAINTENANCE OUTDOOR STORAGE SITE BY CITY OF EDEN PRAIRIE WHEREAS, City of Eden Prairie, has applied for Site Plan approval of the Maintenance Outdoor storage site to construct an outdoor storage building, by an Ordinance approved by the City Council on February 15, 2005; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 271h ,2005 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 2nd, 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 Maintenance Outdoor Storage site, reviewed and approved by the City Council on August 2nd, 2005. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of August, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 1'` z � : tons a \ K. ti 11, LAW �� aW,PER4EN41, S WS; Sign ILA mw CITY OF KA AN' Ay all Sw \ 9 k US' 71 T, v s :,��.;��* � �`. ',. r,� �.z ��,., � '��'.�r 7''c\ "'tce• .'vC C"`'�r� L x..v a�..�: �t \��F S� y � .,r.. .. � ,=, � „� •w': 2E� 5,_ �, -fie,� � • 9 �y \ �•" ;bQ'``�".+:.. .��" S�, k'� � .Y�t N' III. • .,.��.\\ � � � �IX���� r •''� .:" � '.. a s,... .wit-- � \ r=,:a, q •.. -.. �" ..ter:.- a>;;. ,"„ -�, •. z,-.,,, �� � ....: w�,r a;, .': dq c ..N. �� .. ,�:� .R,... �,�. .. .. ����:g, ,�'"�,'a'�" ,�, , a ~ JU « CITY OF EDEN PRAIRIE, a R F f � F a r a x , •�„ " •'i`-`,,,:. ,��^,'ate g •.+4 ,FMO� �,.ay.�'".. M•.z x „',a�a a -i:�• 4�*8¢#�ai'y• a x" '-a. '�a �<+,.._.S. ,'�'�„:w •%�+L. �';:E x+m ,•1d4„ „,.� � �v tea,W «^xt ' ";a w #„„, '..vrt' ,ti,F '' a 2t« & air{r'A• .s; "r '` -aro. •, `�.�. e •�'. ,'s� + �'�+�'"=� �� �.a ��z§.,::_ "+°'�-r` a „a�s ��..�� 'G�m"mow � Y �' l �;`°�%."� *'� "�``� `�R T x CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Cable TV Franchise Transfer from Time VII. B. Warner to Comcast Requested Action Open the Public Hearing. Continue the Public Hearing until September 6, 2005. Written comments will be taken up to the time of the continued Public Hearing on September 6. Additional public testimony will be allowed on September 6. Synopsis Time Warner Cable is requesting the transfer of its cable franchise within the City of Eden Prairie to Comcast Cable Communications, LLC. The City is required by federal law to provide the public with an opportunity to comment on the proposed franchise transfer prior to taking final action on the request. The City is a member of the Southwest Suburban Cable Commission. The Cable Commission is studying the proposed transfer and is planning to make a final recommendation on the proposal at a special meeting on September 1, 2005. The Commission requests that its member cities suspend their public hearings and final actions on the franchise transfer request until its first meeting following September 1. This will allow the City Council to have the benefit of the Commission's recommendation before taking final action on the matter. Attachment Memorandum dated July 20, 2005 from Cable Commission legal counsel Letter dated July 14, 2005 from Cable Commission legal counsel to Ms. Sheila Willard, Comcast Cable and Mr. Gary Matz, Time Warner Cable MOSS . BAkNETT .........._ ........... AProfessional Association VIA EMAIL MEMORANDUM TO: Scott Neal, Gordon Hughes, Jim Genellie, John Gunyou and Steve Devich FROM: Brian T. Grogan DATE: July 20, 2005 RE: Public Hearings As we discussed, the public hearings which will be held regarding the proposed transfer of the Cable Television Franchise and system from Time Warner Cable, Inc. and Comcast Cable Communications, LLC will be held in early August 2005. At that time the public hearings should not be closed. In late August 2005, Moss & Barnett will submit its report to the Southwest Suburban Cable Commission ("Commission") regarding the legal, technical and financial qualifications of Comcast. The Commission is scheduled to meet on Thursday, September 1, 2005 to discuss Moss & Barnett's report and prepare its recommendation regarding the proposed transfer. Thereafter the public hearings should be continued until your city's first meeting in September to comply with the required schedule in your cable ordinance. Please provide the date of your city's public hearing to Terri Hammer at hammert@moss- barnett.com. If you have questions please feel free to contact me. 791780v1 MOSS & BARNETT A Professional Association 4800 WeUs Fargo Center BRIAN T.GROGAN 90 South Seventh Street 612.347.0340 Minneapolis,MN 55402-4129 GroganB@moss-bamett.com Telephone 612.347.0300 Facsimile 612.339.6686 VL4 E-MAIL, FACSIMILE and U.S.MAIL www.moss-bamett.com July 14, 2005 Ms. Sheila R. Willard Mr. Gary R. Matz Comcast Cable Communications,LLC Time Warner Cable 1500 Market Street,28th Floor West Tower 290 Harbor Drive Philadelphia,PA 19102 Stamford, CT 06904-2210 Re: Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise Dear Ms. Willard and Mr. Matz:. Moss &Barnett,A Professional Association,has, as of this date,been retained to represent the below listed cities(hereinafter"City")regarding the proposed transfer of control("transfer") of the cable television system and franchise to MOC Holdco II, Inc.,d/b/a Comcast Corporation ("Comcast"). This list may be modified and/or increased if additional communities seek our assistance. Pursuant to 47 C.F.R. § 76.502(b) a franchising authority that questions the accuracy of the information provided in FCC Form 394 must notify the cable operator within thirty(30)days of the filing of Form 394. This letter will serve as a request on behalf of the City for supplemental information with respect to FCC Form 394. Re Moss&Barnett Cities resented b p 1. Bloomington,Minnesota 2. Eden Prairie,Minnesota 3. Edina,Minnesota 4. Hopkins, Minnesota 5. Minnetonka, Minnesota 6. Richfield, Minnesota 7. St. Louis Park, Minnesota Please provide five (3) copies of Comcast's response to this letter to: Brian T. Grogan,Esq. Moss &Barnett 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T July 14, 2005 Page 2 A Professional Association In answering the questions below please identify each City to which your response applies. If the answer to these questions exists in the information already provided to the City please specify where such information can be found (i.e. document and page number). 1. Certificates of Authority Good Standing,and Existence. Please provide certificates of authority for MOC Holdco II, Inc. to transact business in the State of Minnesota,as provided by the Office of the Secretary of State. 2. Changes to the System. Is Comcast proposing or will Comcast undertake any technical changes in the system? A. Will Comcast operate the system serving the City separate from the systems which Comcast currently operates in St. Paul and surrounding communities? B. Does Comcast have plans to consolidate the headend facilities presently operated by Time Warner into Comcast's headend facilities? If so,will this result in changes to the subscriber equipment presently utilized by Time Warner subscribers? 3. Changes in the Operation of the System. Is Comcast proposing, or will Comcast undertake any changes in the operation of the system including,but not limited to,the following areas: A)rate increases,B)programming, C) customer service practices,D) billing practices, and E)personnel, etc.? Please describe in detail. 4. Pro rg ammin Line-up.ine-up. Will Comcast make any changes to the programming line-up in the City? 5. Billing System. Please describe any changes Comcast will make in the current billing system. Will subscribers see a new billing format and if so,what modifications will result due to a change in the billing format? 6. Customer Service. A. Since quality of service depends on adequate staffing and training of career professionals: i. How many technicians and customer service employees are currently employed by Time Warner to service customers in the City referenced herein? ii. Will Comcast, at a minimum,maintain this employment level after the merger? iii. Will there be any planned cutbacks in staff,operations or locations for customer service centers? 2 Ms. Sheila R. Willard and Mr. Gary Matz MOSS & B A R N E T T July 14, 2005 July e 3 A Professional Association g B. What customer service phone numbers will be used,e.g., will they change from existing numbers? C. Will customer service be centralized,and if so,where and how will it accommodate any increase in telephone traffic? 7. Technical and Managerial Employes. Please explain whether Comcast will retain employees currently providing technical and managerial services for the system serving the City. 8. Required Waivers. Please provide copies of any requests made to any federal or state governmental entity seeking waiver of cross ownership prohibitions existing under federal law. Please fully describe the process and timing for receipt of any required waivers. Please also provide copies of requests or information regarding any other state or federal regulatory approvals which must be obtained as part of this proposed transfer. 9. Adelphia Bankru�te . The City is aware that Time Warner and Comcast and/or its affiliates are jointly pursuing acquisition of over five million customers presently served by Adelphia Communications. That transaction is subject to approval by the bankruptcy court. Please describe whether the transaction involving acquisition of the Adelphia subscribers will in any way impact the proposed transfer of the cable system serving the City. In other words,if the Adelphia transaction should fail to receive appropriate approvals or should for any other reason fail to be completed will that affect the proposed transfer involving the system serving the City? 10. PEG Access. Please describe Comcast's plans regarding Time Warner's existing franchise obligations to meet public, educational and governmental access requirements contained in the franchise. A. In the Southwest Suburban Cable Commission("Commission"),Time Warner presently maintains a public access studio in the City of Eden Prairie for use by all five(5)member cities of the Commission. Time Warner provides staff, a studio facility,production equipment,editing equipment,training,promotion, and related services for use by subscribers. Will Comcast commit to meet all franchise obligations regarding PEG access? Will Comcast commit to the same level of services presently provided by Time Warner? Does Comcast plan any changes to the PEG studio facility equipment or personnel presently in place? B. The City of Edina has recently experienced numerous problems regarding the audio and video quality of city council meetings cablecast on the system. In some cases the audio was delayed several seconds for the video making the meeting virtually impossible to view. In other cases the picture quality of the city council meetings has been washed out and/or has significant ghost imaging which has 3 Ms. Sheila R. Willard and Mr. Gary Matz MUSS & B A R N E T T July 14,2005 Page 4 A Professional Association been difficult to remedy with Time Warner staff. In addition,the City is required to submit tapes to Time Warner which are no longer than one hundred twenty (120) minutes each. Since city council meetings often extend well beyond two(2) hours the city typically sends two (2)or even three (3)tapes for a single meeting. Earlier this year then Comcast switched tapes the final hour of the city council meeting was completely black and never corrected. Please explain how these issues will be addressed by Comcast upon acquisition of the cable system to ensure that the audio and video quality of city council meetings will be addressed. 11. Financial Qualifications. A. The annual financial forecasts for a three(3)year period from fiscal year 2005 through fiscal year 2007,relating to the business, earnings,cash flow,capital expenditures,assets,liabilities and prospects of Comcast, including projected income statements,balance sheets and statements of cash flow with an explanation of the appropriate assumptions and estimates. The explanation should include a list of potential sources of cash for capital expenditures and operating cash flow. B. According to the first quarter 2005 Comcast Corporation and subsidiaries Form 10-Q,the acquisition of Adelphia Communications Corporation C Adelphia") with Time Warner will be for consideration of$12.7 billion and 16%of the common stock of Time Warner Cable Inc. The above-referenced Form I O-Q states that Comcast's net cash investment is$1.5 billion. Please provide a detailed list of the sources of funds for this acquisition and a detailed schedule of long and short term debt to be held or projected to be secured for this transaction. C. A schedule of the expected synergies of the Adelphia/Time Warner/Comcast transaction including amounts and timing of cost savings as well as expenses expected to be incurred as a result of the transaction(severance, contract termination costs,etc.). D. A detailed schedule of all substantial fixed fee arrangements including name of entity,type of service, amount of fixed fee, and payment schedule incurred as a result of the Adelphia acquisition. E. A detailed schedule of any Comcast's projected capital outlays related to capital improvements to the acquired Adelphia and Time Warner systems including any enhancements or system upgrades. F. A detailed schedule of Comcast's projected annual revenue loss related to the cable systems transferred to Time Warner as part of the cable systems realignment. 4 Ms. Sheila R. Willard and Mr. Gary Matz MOSS &. B A R N E T T July 14,2005 Page 5 A Professional Association with res ect eek additional information The Cities herebyspecifically reserves all of its rights to sp p Y g to FCC Form 394. In addition,the City also reserves the right to seek additional information and/or clarification regarding Time Warner's compliance with existing franchise obligations and technical performance requirements of Time Warner's system. Very truly yours, Brian T. Grogan BTG/tlh cc: Diann Kirby, City of Bloomington(via email) Scott Neal, City of Eden Prairie (via email) Gordon Hughes, City of Edina(via email) James Genellie, City of Hopkins(via email) John Gunyou, City of Minnetonka(via email) Steve Devich, City of Richfield(via email) Reg Dunlap, City of St. Louis Park(via email) Joel Jamnik, City of St. Louis Park(via email) Kim Roden,Time Warner(via email) John Gibbs, Comcast(via email) 790409v1 5 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 2, 2005 ITEM NO.: DEPARTMENT/DIVISION: ITEM DESCRIPTION: OCM/Finance VIII. Sue Kotchevar Payment of Claims Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 143114 - 143610 Wire Transfers 2271 - 2289 Background Information Attachments Council Check Register 8/2/2005 'heck# Amount Vendor/Explanation Account Description Business Unit 2271 19,020 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2272 10,220 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2273 16,046 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2274 76,217 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2275 29,832 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2276 153,446 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2277 48,958 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 2278 129,475 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 2279 10,256 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2280 16,321 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2281 77,004 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2282 82 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2283 30,250 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2284 653 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2285 154,875 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2286 579 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2287 20,266 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2288 2,242 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2289 4,126 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 143114 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 143115 665 ALEX AUDIO&VIDEO Other Hardware Information Technology 143116 3,370 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 143117 100 BLISS,KOLA Refunds Environmental Education 143118 329 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 143119 100 BROADWATER,JERALD W Refunds Environmental Education 143120 12 BRUENING,CHARLOTTE Program Fee Red Hat 143121 8 BURNS,DAVID Open Fees Ice Arena 143122 99 CHANHASSEN AMERICAN LEGION Special Event Fees Classes/Programs/Events 143123 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 143124 90 EDEN PRAIRIE LIONESS Special Event Fees Classes/Programs/Events 143125 635 EPIC Special Event Fees Red Hat 143126 2,754 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 143127 17 JOHNSON,SALLY Program Fee Red Hat 143128 5 KALLEVIG,CORAZON Abandoned Property General Fund 143129 173 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 143130 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 143131 692 METRO SALES INCORPORATED* Other Rentals General 143132 2,598 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 143133 40 MINNESOTA COMMERCE DEPARTMENT Miscellaneous Community Development Admin. 143134 1,575 MINNESOTA VALLEY ELECTRIC COOP Electric Stormwater Liftstation 143135 40 MTGF Conference Expense Parks Administration 143136 72 PETSMART Canine Supplies Police 143137 150 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 143138 48 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 143139 28 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation 143140 8,955 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 143141 43 SOUTHWEST SUBURBAN PUBLISHING- Dues&Subscriptions City Manager 143142 11 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 143143 17 UPS Postage Water System Maintenance 143144 1,000 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 143145 693 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 143146 195 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 143147 50 BOLD,PAULINE Instructor Service Outdoor Center 143148 65 CHAVALI,RADHA Crestwood Park Shelter Park Facilities 143149 100 COCHRAN,ARLENE Refunds Environmental Education 143150 100 CODY,JAN Refunds Environmental Education 143151 32 COYER,CHRISTINE Program Fee Summer Safety Camp 143152 22 CRAMER,CHARLES Outside Water Sales Water Enterprise Fund 143153 183 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 143154 35 ERICKSON,TRISHA Lessons&Classes Oak Point Lessons 143155 70 ERNST,PHILLIP Lessons&Classes Ice Arena H3156 270 ESBENSEN,GEORGE Operating Supplies Fire 143157 21 FASTENAL COMPANY Supplies-General Bldg Community Center Maintenance N3159 1,034 GENUINE PARTS COMPANY Equipment Parts Fleet Services 143160 500 GIRLS ON THE RUN Operating Supplies Girls on the Run 143161 122 IBRAHIM,IKRAM Lessons&Classes Ice Arena 143163 600 KEISKI,DAVID Other Contracted Services Staring Lake Concert 143164 14 KERBER,KRISTEN Open Fees Ice Arena 143165 165,705 LEAGUE MN CITIES INS TRUST Insurance Risk Management 143166 100 MARSAN,SEAN Refunds Environmental Education 143167 39 MENARDS Operating Supplies Police 143168 5 MILKE,UTE Program Fee Trips 143169 60 MILL CITY MUSEUM Special Event Fees Red Hat 143170 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 143171 447 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 143173 7 MOODIE,JANE Program Fee Summer Safety Camp 143174 41 MORTENSON,DAVID Outside Water Sales Water Enterprise Fund 143175 100 MOUNT,JILL Refunds Environmental Education 143176 3 NADER,BEHBOUDI Open Fees Ice Arena 143177 47,608 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment TIF Elim Shores&PV Apartment 143178 100 RABY,DAVID L Refunds Environmental Education 143179 488 REBS MARKETING Other Contracted Services Water Accounting 143180 100 SCHIRMERS,TRISHA Refunds Environmental Education 143181 100 SELL,KAREN Refunds Environmental Education 143182 720 SHAMROCK TOURS Special Event Fees Trips 143183 14 STAR TRIBUNE Misc Taxable Den Road Liquor Store 143184 600 UNCOMMON GATHERINGS Other Contracted Services Summer Theatre 143185 847 WASTE MANAGEMENT-BURNSVILLE LA Waste Disposal Park Maintenance 143186 925 BURKHALTER,AMY J Other Contracted Services Fire 143187 1,000 BURTIS,ROBERT Other Contracted Services Special Initiatives 143188 275 CARLSON,DAN Conference Expense Police 143189 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 143190 68 CUB FOODS EDEN PRAIRIE Employee Award Human Resources 143191 83 CY'S UNIFORMS Clothing&Uniforms Police 143192 216 FEDEX Postage Information Technology 143193 105 FERRELLGAS Motor Fuels Storm Drainage 143194 276 GRAND SLAM SPORTS&ENTERTAINM Special Event Fees Teen Work Program 143195 675 HELGESON,GLEN Other Contracted Services Staring Lake Concert 143196 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning 143197 290 KLOECKNER,LINDA Other Contracted Services July 4th Celebration 143198 177 LARSEN,MOLLY Other Revenue General Fund 143199 70 MACTA Conference Expense City Manager 143200 12 MARCINIAK,SHIRLEY Program Fee Red Hat 143201 479 MESERVY,JAMES C Other Contracted Services Water Meter Repair 143202 600 METHODIST HOSPITAL Other Contracted Services Risk Management 143203 718 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 143204 9 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 143205 356 PETTY CASH Special Event Fees Summer Skill Development 143206 5,242 PICHA GREENHOUSE Landscape Materials/Supp Forest Hills Park 143207 200 PLANTENBERG,CATHERINE Other Contracted Services Purgatory Creek Recreation Are 143208 65 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 143209 4,102 QWEST Telephone Prairie Village Liquor Store 143210 40 RAVISHANKAR,MIT14ALA Lessons&Classes Oak Point Lessons 143211 46 REICHOW,JEAN Lessons&Classes Pool Lessons 143212 49 REINKING,SUSAN Program Fee Tennis 143213 28 REUSS,RENEE Program Fee Afternoon Playground 143214 140 RODENZ,SANDRA K Operating Supplies Summer Theatre 143215 12 SCHENDEL,JAN Program Fee Red Hat 143216 40 SHONTS,LYNNE Memberships Community Center Admin 143217 9 SIPE,MINDY Program Fee Tennis 143218 50 SKAAR-PAGE,CAROLINE Program Fee Afternoon Playground 143219 2,706 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 143220 6,028 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 143221 44 STATE OF MINNESOTA Operating Supplies Fleet Services 143222 2,895 TEAM LABORATORY CHEMICAL CORPO Cleaning Supplies Sewer Liftstation 143223 9 TIME WARNER CABLE Cable TV Fire 143224 56 UGLAND,DAVID Program Fee Afternoon Playground 143225 17,908 VALLEY RICH CO INC Building Repair&Maint. Water Treatment Plant 143226 135 WERTS,SANDY Mileage&Parking Special Events Administration 143227 335 WILLHITE,JENNIFER Cemetery Lot Maint.20% Pleasant Hill Cemetary 143228 17 WILLIAMS,GORDON Program Fee Classes/Programs/Events 143229 46 WONG,AMBER Lessons&Classes Oak Point Lessons 143230 12,866 XCEL ENERGY Electric Water Well#9 143261 512 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 143262 130 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 143263 363 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 143265 13,547 DAY DISTRIBUTING Beer Prairie View Liquor Store 143266 2,496 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 143267 22,112 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 143268 224 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 143269 42 FRED Misc Taxable Den Road Liquor Store 143270 406 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 143271 31 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 143272 14,774 GRIGGS COOPER&CO Liquor Den Road Liquor Store 143273 1,294 HOHENSTEINS INC Beer Prairie Village Liquor Store 143275 28,218 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 143276 134 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 143277 14,502 MARK VII Beer Prairie Village Liquor Store 143278 352 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 143279 485 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 143280 4,477 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 143281 12,683 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 143282 1,904 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 143283 21,178 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 143284 25,852 THORPE DISTRIBUTING Beer Prairie View Liquor Store 143285 258 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 143286 157 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 143287 390 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 143288 2,509 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 143289 219 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 143290 77 ARVOLD,KATIE Mileage&Parking Afternoon Playground 143291 63 CULLIGAN BOTTLED WATER Operating Supplies Fire 143292 31 CULLIGAN-METRO Other Contracted Services Outdoor Center 143293 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 143294 5 DORNIK,MATTHEW Open Fees Raquetball 143295 15 DP MECHANICAL/DRAIN PROPLMB Cash Over/Short General Fund 143296 800 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 143297 100 FENNELL,DAN Refunds Environmental Education 143298 920 FERRELLGAS Gas Outdoor Center 143299 50 FLANNIGAN,GREGORY Refunds Environmental Education 143300 9 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 143301 87 FORSETH,DAN Mileage&Parking Tree Disease 143302 100 FREY,PHILLIP Refunds Environmental Education 143303 92 GALLEGER,DIANE Lessons&Classes Pool Lessons 143304 150 GASCH,ROBERT Other Contracted Services Heritage Preservation 143305 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 143306 28 HALL,ANGELA Program Fee Afternoon Playground 143307 5,520 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 143308 76 HENNEPIN COUNTY PUBLIC RECORDS Operating Supplies Engineering 143309 739 HENNEPIN COUNTY TREASURER-TAXP TIF Payment TIF Elim Shores&PV Apartment 143310 81 HOLSTEN,TAMMY Program Fee Afternoon Playground 143311 274 IMATION IMAX THEATRE Special Event Fees Teen Programs 143312 558 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 143313 10 KHELAH,HEATHER Program Fee Outdoor Center 143314 60 LAKESIDE PLUMBING Cash Over/Short General Fund 143315 85,338 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 143316 623 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 143317 88 MINNESOTA COMPUTERS FOR SCHOOL Other Hardware Information Technology 143318 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 143319 8,681 MINNESOTA STATE TREASURER Building Surcharge General Fund 143320 35 MRPA Conference Expense Recreation Administration 143321 641 NILSSEN,BETH Instructor Service Ice Arena 143322 106 OLSON,DAVE (P&R) Special Event Fees Summer Skill Development 143323 331 PETTY CASH-POLICE DEPT Operating Supplies Police 143324 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 143325 7,923 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 143326 7,432 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 143327 78 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 143328 20 RICCAR Mechanical Permits General Fund 143329 675 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 143330 10 ROBY,CAROLYN Program Fee Summer Skill Development 143331 56 SCHUELKA,MATT Special Event Fees Afternoon Adventure 143332 46 SIPE,MINDY Program Fee Tennis 143333 14 STATE OF MINNESOTA Operating Supplies Fleet Services 143334 135 TIME WARNER CABLE Dues&Subscriptions City Council 143335 100 WALLACE,DAVID R Refunds Environmental Education 143337 368 AOI ELECTRICAL INC Capital Under$2,000 Fleet Services 143338 900 BOLD,PAULINE Instructor Service Outdoor Center 143339 200 BRAGG,ANNALISA Instructor Service Outdoor Center 143340 24 CATER,SHELBY SIMONSON Instructor Service Outdoor Center 143341 15,987 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 143342 72 CLAIRMONT,ADRIENNE Instructor Service Outdoor Center 143343 34 DISH NETWORK Cable TV Community Center Admin 143344 100 FERRELLGAS Motor Fuels Fleet Services 143345 123 FOX,VERNETTE Operating Supplies Senior Board 143346 91 GE CAPITAL Other Rentals General 143347 446 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 143348 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 143349 504 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 143350 80 MCFERRIN,TANYA Instructor Service Outdoor Center 143351 186,567 MEDICA CHOICE Medical Bills Prepaid Health and Benefits 143352 595 MUHLHAUSER,WENDY Instructor Service Preschool Events 143353 192 NORTHERN TOOL Repair&Maint.Supplies Storm Drainage 143354 23 OWEN'S SERVICES CORP Cash Over/Short General Fund 143355 110 TIME WARNER CABLE Operating Supplies Fire 143356 133 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 143357 160 VOGT HEATING&PLUMBING Mechanical Permits General Fund 143358 2,944 XCEL ENERGY Electric Senior Center 143359 192 AAA LAMBERTS LANDSCAPE PRODUCT Improvement Contracts CIP Trails 143360 1,250 ATOM Tuition Reimbursement/School Police 143361 89 CINGULAR WIRELESS Pager&Cell Phone Police 143362 368 CUB FOODS EDEN PRAIRIE Operating Supplies Police 143363 174 CY'S UNIFORMS Clothing&Uniforms Police 143364 176 DMX/MINNEAPOLIS Other Contracted Services Den Road Liquor Store 143365 165 FERRELLGAS Motor Fuels Ice Arena Maintenance 143366 250 HALL,MARY F Other Contracted Services Purgatory Creek Recreation Are 143367 970 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 143368 62 KELLY,SANDRA Clothing&Uniforms Police 143369 75 KIND,DEBRA Other Contracted Services International Festival 143370 174 LUKE,TRACY Tuition Reimbursement/School Police 143371 266 MENARDS Operating Supplies Police 143372 250 MINNESOTA CLE Tuition Reimbursement/School Police 143373 5 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 143374 480 MOLBERG,ELIZABETH Other Contracted Services Staring Lake Concert 143375 79 MOTOROLA Equipment Repair&Maint Wireless Communication 143376 10 MPLS.ST.PAUL MAGAZINE Dues&Subscriptions Communication Services 143377 2,112 MTOA Tuition Reimbursement/School Police 143378 347 NRPA Conference Expense Parks Administration 143379 63 O'BRIEN,KARLA Operating Supplies Leisure Education 143380 123 REED BUSINESS INFORMATION Contracted Striping Street Maintenance 143381 85 RELIANCE RECOVERIES Workers Comp Insurance Risk Management 143382 100 SPONSEL'S MINNESOTA HARVEST Special Event Fees Teen Work Program 143383 1,700 ST PAUL,CITY OF Tuition Reimbursement/School Police 143384 75 SWEET OCCASIONS FOR YOU Other Rentals Riley-Jacques Barn 143385 16,881 WEIS MANAGEMENT TIF Payment Edenvale TIF District 143386 500 WENDY'S False Alarm Fees General Fund 143387 7,675 XCEL ENERGY Electric Public Works/Parks 143388 70 BRIDENSTEINE,CHELSEA Other Contracted Services Teen Work Program 143389 74 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 143390 16 CHEN,CURTIS FU Other Contracted Services Teen Work Program 143391 38 FILIMONOVA,ANASTASIYA Other Contracted Services Teen Work Program 143392 48 GARTON,ELISE M Other Contracted Services Teen Work Program 143393 60 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 143394 62 HANSON,NOEL P Other Contracted Services Teen Work Program 143395 32 HOLMQUIST,DAN Other Contracted Services Teen Work Program N3396 85 HYDE-STRAND,ALEXANDRA L Other Contracted Services Teen Work Program 143397 36 KEIVES,ANDREW L Other Contracted Services Teen Work Program 143398 34 KEPPEL,KYLA A Other Contracted Services Teen Work Program 143399 141 KIERSTEAD,CHRISTY Other Contracted Services Teen Work Program 143400 130 KISSINGER,SAMANTHA Other Contracted Services Teen Work Program 143401 127 MCNULTY,ZACK Other Contracted Services Teen Work Program 143402 114 NELLSON,KEVIN Other Contracted Services Teen Work Program 143403 56 NELSON,REBECCA E Other Contracted Services Teen Work Program 143404 33 O'BRIEN,COREY Other Contracted Services Teen Work Program 143405 58 O'BRIEN,NOLAN Other Contracted Services Teen Work Program 143406 36 O'CONNELL,LUXMI Other Contracted Services Teen Work Program 143408 32 SCHULKE,ROB Other Contracted Services Teen Work Program 143409 56 SHAH,RAOUL Other Contracted Services Teen Work Program 143410 38 SHAH,S14AMIR Other Contracted Services Teen Work Program 143411 93 SHAW,KENDRA Other Contracted Services Teen Work Program 143412 20 SHAWD,ANDREW Other Contracted Services Teen Work Program 143413 108 SKOBOV,MICHAEL E Other Contracted Services Teen Work Program 143414 73 SZE,ALLEN Other Contracted Services Teen Work Program 143415 24 WOITTE,ERIN Other Contracted Services Teen Work Program 143416 42 YEAROUS,NICHOLAS S Other Contracted Services Teen Work Program 143417 256 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 143418 324 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store 143419 330 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 143420 6,639 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 143421 10,157 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 143422 6,840 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 143423 14,387 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 143424 32 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 143425 1,035 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 143426 13,845 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 143428 25,517 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 143429 591 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 143430 21,905 MARK VII Beer Den Road Liquor Store 143431 995 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 143432 720 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 143433 4,902 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 143434 11,486 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 143435 2,661 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 143436 18,064 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 143437 266 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 143438 26,396 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 143439 3,103 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 143440 1,182 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 143441 2,212 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 143442 3,794 A P LAWN INC Contract Svcs-Lawn Maint. Fire Station#1 143443 799 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 143444 33 ACE TRAILER SALES Other Contracted Services Park Maintenance 143445 969 ADOLPHKIEFER Recreation Supplies Oak Point Operations 143446 1,449 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 143447 758 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 143448 236 AMSAN BRISSMAN-KENNEDY Operating Supplies Community Center Maintenance 143449 506 ANDERBERG,CRAIG W. Other Contracted Services Softball 143450 286 ANDERSON,BRYAN E Other Contracted Services Softball 143451 1,834 APRES Other Rentals July 4th Celebration 143452 40 AQUA ENGINEERING INC Equipment Repair&Maint Park Maintenance 143453 1,078 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 143454 4,510 ASPHALT MAINTENANCE CO Contract Svcs-Asphalt/Concr. Community Center Maintenance 143455 825 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 143456 3,735 BENIEK PROPERTY SERVICES INC. Contract Svcs-Asphalt/Concr. City Hall-CAM 143457 44 BERG,STEVE Other Contracted Services Softball 143458 172 BERNE SCALE Equipment Repair&Maint Water Treatment Plant 143459 506 BIFFS INC Waste Disposal Park Maintenance 143460 743 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 143461 180 BOBS LAWN&LANDSCAPING,INC Other Contracted Services Improvement Projects 1996 143462 378 BONK,BRADLEY Other Contracted Services Softball 143463 568 BOYER TRUCKS Equipment Repair&Maint Fleet Services 143464 57 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 143465 21,133 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 143466 2,105 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 143467 4,830 BRIMEYER GROUP INC Other Contracted Services Water Utility-General 143468 1,581 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Staring Lake 143469 2,882 BUCK,NATHAN Other Contracted Services Softball 143470 720 CAMPBELL KNUTSON,P.A. Legal WAFTA 143471 2,443 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Water System Maintenance 143472 83 CITIES EDGE Equipment Repair&Maint Park Maintenance 143473 1,112 CLAREYS INC Office Supplies General 143474 653 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 143475 166 CONSOLIDATED CONTAINER CO LLC Other Contracted Services Police 143476 2,444 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 143477 2,287 CORPORATE EXPRESS Office Supplies General 143478 317 CUMMINS NPOWER LLC Equipment Parts Wireless Communication 143480 9,357 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 143481 555 CY'S UNIFORMS Clothing&Uniforms Police 143482 300 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 143483 4,009 DELL Computers Information Technology H3484 825 DITCH WITCH OF MINNESOTA INC Improvements to Land Capital Impr./Maint.Fund 143485 59,703 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 143486 545 DOHERTY,SANDRA L Other Contracted Services Volleyball 143487 250 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 143488 615 EARL F ANDERSEN INC Contracted Striping Traffic Signs 143489 1,599 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 143490 64 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services International Festival 143491 231 EDEN PRAIRIE WINLECTRIC Improvement Contracts CIP Trails 143492 1,770 EF JOHNSON Equipment Parts Wireless Communication 143493 633 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM 143494 3,322 ENVIRONMENTAL PROCESS INC Other Contracted Services Water Treatment Plant 143495 175 ERICKSEN,LIZ Other Contracted Services Volleyball 143496 405 ESCHELON TELECOM INC Other Contracted Services Telephone 143497 327 EXCEL INTERIORS&MFG Contract Svcs-General Bldg Garden Room Repairs 143498 238 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 143499 264 FALCK,TIMOTHY R Other Contracted Services Softball 143500 1,527 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 143501 3,199 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 143502 747 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 143503 191 G&K SERVICES Clothing&Uniforms Sewer Utility-General 143504 524 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 143505 1,377 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 143506 1,932 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 143507 1,956 GERTENS Landscape Materials/Supp Purgatory Creek Rec Area 143508 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 143509 1,019 GRAINGER Equipment Parts Fleet Services 143510 635 GREAT AMERICAN BUSINESS PRODUC Office Supplies Community Center Admin 143511 483 GS DIRECT Operating Supplies Engineering 143512 400 GYM WORKS Repair&Maint.Supplies Fitness Center 143513 31,280 HANSEN THORP PELLINEN OLSON Design&Engineering Planning&Development 143514 17,605 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 143515 517 HAUGLAND,KELLY Other Contracted Services Volleyball 143516 4,571 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 143517 198 HENRY,PAUL Other Contracted Services Softball 143518 556 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 143519 264 HOLMES,JOHN CARTER Other Contracted Services Softball 143520 264 HOLMES,TOM Other Contracted Services Softball 143521 147 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 143522 995 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance 143523 737 IKON OFFICE SOLUTIONS* Other Contracted Services Water Utility-General 143524 86 IMAGETECH SERVICES Operating Supplies Park Maintenance 143525 8,043 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 143526 1,106 INFRATECH Other Contracted Services Storm Drainage 143527 550 INSIGHT PUBLIC SECTOR Other Hardware Prairie View Liquor Store 143528 298 INTERSTATE COMPANIES INC Equipment Repair&Maint Fleet Services 143529 359 ITL PATCH COMPANY INC Clothing&Uniforms Police 143530 472 J H LARSON COMPANY Operating Supplies Park Maintenance 143531 568 J MARCEL ENTERPRISES Clothing&Uniforms Police 143532 4,255 J&D WINDOW CLEANING Window Cleaning City Hall-CAM 143533 635 JANEX INC Supplies-General Bldg City Hall-CAM 143534 5,685 JEFFERSON FIRE&SAFETY INC Small Tools Fire 143535 35,753 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund 143536 116 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water System Maintenance 143537 400 KUNDE CO INC Other Contracted Services Tree Removal 143538 414 LAB SAFETY SUPPLY INC Supplies-Fire/Life/Safety City Center Operations 143539 3,829 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks 143540 29,759 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 143541 4,491 LANO EQUIPMENT INC Other Rentals Street Maintenance 143542 2,614 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Den Road Building 143543 186 LINCOLN EQUIPMENT INC. Safety Supplies Pool Operations 143544 1,855 LYNN'S FLOWER DESIGN Contract Svcs-Lawn Maint. Den Bldg.-CAM 143545 838 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 143546 1,904 MAYER LUMBER CO INC Other Contracted Services Rehab 143547 684 MENARDS Supplies-Electrical Community Center Maintenance 143548 1,464 METRO GARAGE Other Contracted Services CIP Pavement Management 143549 340 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 143551 2,349 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 143552 4,766 MIDWEST ASPHALT CORPORATION Improvements to Land Park Acquisition&Development 143553 410 MIDWEST PLAYSCAPES Building Materials Senior Center 143554 827 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 143555 1,514 MINNESOTA CONWAY Operating Supplies Fire 143556 69 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 143557 377 MINNESOTA GLOVE INC Safety Supplies Fleet Services 143558 198 MINNESOTA REVENUE Licenses&Taxes Fleet Services 143559 7,763 MITY-LITE INC Other Assets Park Acquisition&Development 143560 2,475 MMKR Audit&Financial Finance 143561 800 MTI DISTRIBUTING INC Equipment Parts Fleet Services 143562 1,649 NATIONAL WATERWORKS Repair&Maint.Supplies Storm Drainage 143563 787 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 143564 15 NORTHERN TOOL Equipment Parts Fleet Services 143565 60 OSI BATTERIES INC Operating Supplies Wireless Communication 143566 849 PC MALL Other Hardware Information Technology 143567 45,000 PLAYPOWER LT FARMINGTON INC Other Assets Capital Impr./Maint.Fund 143568 32 POKORNY COMPANY Supplies-Plumbing Fire Station#2 143569 53 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 143570 145,800 PRECISION SEALCOATING INC Contracted Snow Plowing Street Maintenance 143571 2,105 PRECISION TURF&CHEMICAL INC Landscape Materials/Supp Park Maintenance 143572 68 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 143573 725 RAY,LEE Other Contracted Services Softball 143574 20,000 REBS MARKETING Other Contracted Services July 4th Celebration 143575 293 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 143576 1,635 RUMPCA CO INC Waste Disposal Tree Disease 143577 85 S&S WORLDWIDE Operating Supplies Outdoor Center 143578 389 SANTJER,JESSICA Other Contracted Services Volleyball 143579 5,720 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 143580 5,336 SMITH,KURT Other Contracted Services Rehab 143581 373 SNAP-ON TOOLS Small Tools Fleet Services 143582 630 SOUTHWEST METRO TRANSIT Other Rentals July 4th Celebration 143583 93,650 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 143584 902 STANS SAWING SERVICE INC Other Contracted Services WAFTA 143585 179 STEVENS ENGINEERS Contract Svcs-HVAC Ice Arena Maintenance 143586 709 STREICHERS Protective Clothing Police 143587 4,183 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 143588 837 SUN NEWSPAPERS Legal Notices Publishing City Clerk 143589 95 TAHER INC CATERING Other Contracted Services Communication Services 143590 1,066 TESSMAN SEED CO Chemicals Street Maintenance 143591 572 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator Community Center Maintenance 143592 69,536 TKDA Other Contracted Services Water Treatment Plant 143593 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 143594 794 TRANS ALARM INC Contract Svcs-Security Public Works/Parks 143595 368 TRI STATE PUMP&CONTROL Contract Svcs-Plumbing Fire Station#1 143596 86 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 143597 483 TWIN CITY SEED CO Other Contracted Services Improvement Projects 1996 143598 3,002 UNIFORMS UNLIMITED Clothing&Uniforms Police 143599 1,784 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 143600 221 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 143601 13,590 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund 143602 1,539 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 143603 430 WHEELER HARDWARE COMPANY Contract Svcs-Security Community Center Maintenance 143604 60 WIGLEY,GRIFFIN J. Software Information Technology 143605 155 WILLIAMS ARCHITECTS Design&Engineering Planning&Development 143606 3,753 WINE COMPANY,THE Design&Engineering Park Acquisition&Development 143607 1,688 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 143608 15,039 YALE MECHANICAL INC Contract Svcs-HVAC Den Bldg.-CAM 143609 96 YOCUM OIL COMPANY INC Motor Fuels Water Treatment Plant 143610 3,269 ZIEGLER INC Equipment Parts Fleet Services 2,631,261 Grand Total Council Check Summary 8/2/2005 ,ision Amount General 66,786 100 City Manager 113 101 Legislative 2,796 110 City Clerk 882 III Customer Service 7,460 112 Human Resources 30 113 Communication Services 210 115 Risk Management 150,582 116 Facilities 65,659 117 City Center 59,665 130 Assessing 447 131 Finance 2,629 132 Social Services 12,504 133 Community Development 25 134 Heritage Preservation 150 135 Information Technology 6,736 136 Wireless Communication 2,367 137 Economic Development 22 138 Community Development Admin. 40 150 Park Administration 3,064 151 Park Maintenance 26,370 153 Athletic Programs 7,437 154 Community Center 4,293 155 Beaches 516 156 Youth Programs 3,596 157 Special Events 24,728 158 Senior Center 1,978 159 Recreation Administration 143 160 Therapeutic Recreation 377 161 Oak Point Pool 9,185 162 Arts 3,965 163 Outdoor Center 2,385 164 Park Rental Facilities 228 180 Police 19,908 184 Fire 7,320 200 Engineering 641 201 Street Maintenance 152,154 202 Street Lighting 1,324 203 Fleet Services 32,436 301 CDBG 7,629 303 Cemetary Operation 335 304 Senior Board 123 308 E-911 2,962 316 WAFTA 3,554 418 HRA 2002A Lease Revenue Bonds 129,475 424 G.O.Improvement Bonds 2003D 48,958 502 Park Development 41,232 503 Utility Improvement 96,974 506 Improvment Bonds 1996 5,919 507 Construction Fund 48,982 509 CIP Fund 84,059 511 Construction Fund 47,892 512 CIP Trails 1,982 513 CIP Pavement Management 1,464 516 ADC PROJECT 29,759 601 Prairie Village Liquor 128,315 602 Den Road Liquor 152,524 603 Prairie View Liquor 119,195 605 Den Road Building 5,702 701 Water Fund 91,259 702 Sewer Fund 3,345 703 Storm Drainage Fund 6,699 800 TIF 65,228 806 SAC Agency Fund 86,200 807 Benefits Fund 740,344 Report Totals 2,631,261 CITY COUNCIL AGENDA DATE: SECTION: Appointments August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Appoint Chair and Vice Chair of Senior XII. A. Issues Task Force Requested Action Move to: Appoint Marvin Cofer Chair and Bette Anderson Vice Chair of the Senior Issues Task Force. Synopsis The Senior Issues Task Force held their first meeting on July 26. The group proposes appointing Marvin Cofer Chair and Bette Anderson Vice Chair of the task force, since they served on the original task force in 1996. Staff supports this recommendation. CITY COUNCIL AGENDA DATE: August 2, 2005 SECTION: Report of the City Manager DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution amending Resolution 2005-10 XIII. B. 1. Meeting Times for City Council for 2005 Requested Action Move to: Adopt Resolution amending Resolution 2005-10 Setting Times for City Council Meetings for 2005. Synopsis The Truth-in-Taxation Hearing will be incorporated into the regular agenda for the first Council meeting of December and held on Monday, December 5 (as this is the last date the TNT hearing can be held). Moving the meeting from December 6 to December 5 will ensure that we have a quorum for our meeting as Councilmembers may be leaving for National League of Cities conference in Charlotte, NC on Tuesday, December 6. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION AMENDING RESOLUTION 2005-10 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2005 BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota,that the first Council meeting in the month of December of 2005 will be held on the first Monday of the month. ADOPTED, by the City Council of the City of Eden Prairie, on this 2"d day of August, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director August 2, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Eagle Field Baseball Stadium Bids XIII. D. 1. Parks and Recreation Requested Action Move to: Award contract of$1,049,000 to American Liberty Construction for the construction of Eagle Field Baseball Stadium at Miller Park. OR Move to: Reject bids for the Eagle Field Baseball Stadium for Miller Park due to the cost of the project compared to the cost estimate. Synopsis The original cost estimate for the first phase of the baseball stadium was estimated at$850,000 with the City providing approximately $600,000 in park funds earmarked for the stadium, and the Baseball Association providing $250,000. The City opened bids for this project on July 7, 2005. The City received eleven bids for this project with a low bid from American Liberty Construction for$1,049,000. After utilizing all of the deduct alternates the low bid was $956,500, over $100,000 over the initial cost estimate. The architect has indicated that the high cost of steel and the delay of the delivery of steel that would require winter construction for some of the project was the major reason for the higher costs. The City Council may wish to reconsider this project at a later time in order to allow bidding the project early in the year. This would ensure that all steel could be delivered to the site prior to the start of the construction project in August and would eliminate the need for winter construction. Considerations The Eden Prairie Baseball Association Board of Directors that supported this project consisted of many members who have been working with the City for over ten years with a goal of developing "an old-fashioned baseball stadium"within Miller Park. Many of these board members are leaving the organization at this time and one of the major donors who had committed $100,000 to the project is also leaving the organization; therefore, it is unlikely that the City would be able to obtain a commitment to this level in the near future. Attachments Bid Sheet Summary Letter from the Architect Bid Tabulation Bids Due on 7/0712 0 0 5 at 2:00 P.M. Delano Erickson Architects Eagle Feld Stadium City of Eden Prairie Set BIDDER JUASE BIO ALT 1 ALT 2 ALT 3 ALT 4 ALT 5 ALT 6 Bid Sea^ Addenda Comp.Date No, DM OT and CT in Ded Painting Add Plastic 0ench Ded Cupola and Ded Dugouts Bed Lattice Work Concessions Seals Uuv:rs 8 Ebert Construction ' 10 AmetitwLibertyConstructfon 1 048.000 4,000 26,000 12 000 4 500 $4 000 5 000 X NO 1 511200B 11 Hunorhe Construction 12 Sheehy Construction CO 1 230 t100 6 000 28,000 12 000 a o00 48 000 0,000 X NO 1 42012006 t�14 Lund Martin Construction 1 408 000 1700 22 t1t10 13 500 4,400 25 000 19 000 X NO 1 41112006 j 18 Gre lone Constructlah 1 100 732 6.665 13,025 11 807 6,127 39 357 4 00 X NO 1 W Merrimac Constnxaion 1.137.817 7.877 39199 1/836 3 42 30 848 3.916 X NO 1 4/1/2006 18 Shaw Lundquist 20 Geo a F.Conk Constructlan CO e 21 Pantos Construction CO i 124.300 5 600 29 500 12,200 8,100 32,300 14.000 x NO 1 i 41MM 221 Meertens Brenny Consln=Uoo 23 -Arkay Construction CO 1,11B 000 2,0001 29.000 12,000 2.000 56,000 B 5W X NO 1 24 Brennan Construction of MN INC 26 Gtadstono Construction Inc. 1 173 500 3,240 28,960 12.174 2 3W 38 700 DIM X NO 1 27 Thor Construction 1,391,423 4 140 28 980 12,810 13,260 27 273 10 ti00 X NO 1 41MON 28 Rochon Ce oration t 069 000 4,650 13 000 12 000 3.200 34 12.100 x NO 1 4/112006 29 Gen Con Construction 1277,000 2,200 13.200 12 80D 2,8001 83 000 1 Boo X NO 1 411/2006 DELANO ERICKSON ARCHITECTS 10700 HIGHWAY 55.SUITE 308 ? 1 ! PtYMOUTH,MN 55d41 ;a (763) 544-8370 City of Eden Prairie DATE July 15, 2005 8080 Mitchell Road INVOICE NO : Two Eden Prairie, MN 55:344 Att: Bob lambert COMM. No. : 0501 BASIS OF CHARGES. Hourly Rate NTE $ 75,000 plus Add. Serv. & Expenses STATEMENT OF SERVICES Eagle Field Baseball Stadium ----- - -'�� Amount Earned Amount Paid Amount Duo Basic Services Atmunt earned 5/27/05 thru 7/7/05 $62,328.80 $27,460.30 $34,868.50 Prin. - 63 hrs @ 90 = $5,760.00 Arch. - 27 hrs @ 70 = 1,890,00 CADD -' 145 hrs @ 50 = 7,250,00 Cler. - 12 hrs @ 35 = 420.00 Str. Eng. - 11 ,390.43 x 1.2 13,668.50 M&E Eng. -- 4,975 x 1.2 = 5 9 710-00 .50 Reimbursable Expenses 2,385.40 502.65 1,882.75 Plotting 216.00 Printing 7.20 Eng, Repro 1,464.67 Eng. expense 23.73 1 x 1.10 -1 882.75 Total Amount Earned $64,714.20 $ 27,962.95 Total Pald to Date $36,751,25 Total Amount Due u� DELANO ERICKSON ARCHITECTS 10700 HIGHWAY 55, SUITE 308 ¢ PLYMOUTH, MN 55441 •; � (fig (7631 544-6370 July 21, 2005 Mr. Bob Lambert Director Parks&Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Eagle Field Baseball Stadium Commission No. 0501 Dear Bob: Enclosed herewith is the bid tabulation of the above project which was bid on July 7,2005,with the 3 low bids of 1,049,000, 1,069,000 and 1,108,732. The alternates did not change the low bidder as American Liberty Construction Company. We would recommend award to this contractor based on past experience, qualifications and the low bid of 1,049,000 and alternates to be determined. I had estimated the cast of the stadium before bidding based on the completed construction drawings as follows. Division 1 General Conditions $ 76,000 2 Site 66,000 3 Concrete 163,000 4 Masonry 103,500 5 Steel/Bleachers 171,000 6 Wood/Carpentry 74,000 7 Weather Protection 32,000 8 Doors/Windows 27,000 9 Finishes 35,500 10 Specialties 14,000 11 Equipment 72,000 15 Mechanical 66,000 16 Electrical ---4-2.000 Total Construction Cost $ 942,000 Contingency 10% 94.000 Total Phase I Project Cost Estimate $1,036,000 A R C H I T E C T U R E / ENV I RONMENTAL D U A L I T Y 0 F L I F E {,,.1.� i�i ....L..r ./ L.{ •J.T { 1 1 N�.L l'i 1 1 u 1�14 i V I♦u V{ e"I{•t I{i 1 1...V 1 V J •J"Y J J +/v I • '�"" Mr. Bob Lambert July 21, 2005 Page 2 This is very close to the low bid of 1,049,000 and therefore I feel the bids were appropriate for the project and based on the small spread of bids very competitive. Total deduct alternates would reduce cost by 92,500 for a net award of 956,500,however I'm not sure it is worthwhile to take these since cost in future would be greater. In comparing current estimate witb 12/28/04 estimate,increase is related to greater scope of adding dugouts, increased site work,higher quality of seating, steelwork and masonry. Where may be some value engineering with low bidder in these areas to reduce costs. We await your discussion with council before proceeding- Please contact me with any questions. Sincerely, DELANO ERICKSON ARCHITECTS =� ' �' Del Erickson, AIA DE/tit