The URL can be used to link to this page

Home My WebLink AboutCity Council - 11/15/2005 AGENDA JOINT CITY COUNCIL/ ARTS & CULTURE COMMISSION MEETING& OPEN FORUM/OPEN PODIUM TUESDAY, NOVEMBER 15, 2005 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young ARTS & CULTURE COMMISSION MEMBERS: Lois Larson, Steve Mosow, Heather Olson, Ann Rorem, Soni Styrlund, Diane Zielke; and Student Commissioners Sarah Erickson, Michael Kientzle, Grace Li CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. JOINT MEETING WITH THE ARTS & CULTURE COMMISSION Council Chamber II. OPEN FORUM III. OPEN PODIUM A. Flag PolicyJohn Mall 0 B. Bent Creek—Dan Miller C. Building Code Enforcement—Steve Wagner D. 2006 Budget 1. Barney Uhlig 2. Thomas Briant IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 15,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney 1. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF NEW CERT VOLUNTEERS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 1,2005 B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 1,2005 VII. CONSENT CALENDAR A. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE POINTE ON LAKE RILEY B. AUTHORIZE ISSUANCE OF GRADING PERMIT TO JLM LANDSCAPE DESIGN FOR BACKYARD GRADING AND RETAINING WALL IMPROVEMENTS AT 11381 LANDING ROAD C. APPROVE TRAVEL POLICY FOR ELECTED OFFICIALS AND EMPLOYEES D. APPROVE PREPARATION OF A LAND EXCHANGE AGREEMENT WITH DISTRICT 272 E. APPROVE CONTRACT WITH SRF FOR DESIGN AND CONSTRUCTION SERVICES OF BOARDWALK OVERLOOK AND WALK CONNECTIONS AT PURGATORY CREEK RECREATION AREA F. ADOPT RESOLUTION CANVASSING THE NOVEMBER 8,2005,PARK REFERENDUM RESULTS CITY COUNCIL AGENDA November 15, 2005 Page 2 G. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. ARTS & CULTURE COMMISSION CHAIR& VICE CHAIR XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. 2006 Transportation Funding Referendum 2. Liability Stacking for Joint Powers Agreements B. REPORT OF CITY MANAGER 1. Flying Cloud Airport Commission 2. Discussion of 2006 Budget C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Purchase Agreement for Sale of City-owned Site(Lot 1,Block 1, Wingate Hotel Addition) 2. MCA Update 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 ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUMIOPEN PODIUM TUESDAY,NOVEMBER 1,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Sgt. Chris Wood,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters MAC STAFF: Tim Anderson, Gary Schmidt Heritage Room H I. FLYING CLOUD AIRPORT A. Management Audit of Final Agreement Between Metropolitan Airports Commission and City of Eden Prairie Senior Planner Scott Kipp said the management audit was initiated by City of Eden Prairie staff to evaluate how MAC and the City are progressing in implementation of the Final Agreement,which was approved by MAC and the City in December 2002. The audit includes responses submitted from both the City and MAC. Kipp summarized the audit findings as follows: Article 2—Conditions Precedent. Both the City and MAC are in compliance. Article 3—MAC Commitments and Representations. MAC is in compliance;however, continued efforts may be warranted in seeking letters of intent from other airport users who base at the airport. Kipp acknowledged this would not be an easy task, since the airport has many tenants. Article 4—EP Commitments and Representations. The City is in compliance. Kipp noted the City submitted comments relative to environmental concerns on the Final EIS. City Council Workshop November 1, 2005—page 2 Article 5—Third Party Challenges. Kipp said the City is aware of a Northwest Airlines challenge to the FAA regarding revenue diversion by MAC. It is Kipp's understanding that the issue is currently at the FAA, and that FAA has asked MAC to get together with NWA to resolve the issue. Tim Anderson said there are actually two outstanding issues. The first is the NWA lawsuit regarding MAC's "failure to make its reliever airports self-sufficient." Anderson said this issue is on hold pending the outcomes of MAC's Reliever Airports Task Force. Regarding the revenue diversion challenge,Anderson said MAC is confident it got fair value in the land transaction with the City. Anderson said FAA is expected to direct MAC and Northwest Airlines to attempt to reach a negotiated settlement before FAA will agree to make a final determination. Anderson said his reading of the law indicates the type of revenue use in question is allowed. Article 6—Dispute Resolution. No disputes have been filed. Article 7—Remedies. The City and MAC are in compliance. No remedies are needed at this time. Compliance with Memorandum of Understanding. The City and MAC are in compliance, although Kipp said there are some issues on timing related to this item. B. MAC Expansion Plan Update MAC has forwarded the EIS regarding the expansion of the runways and additional hangar area to the Environmental Quality Board,which will make a determination on its adequacy. Following an affirmative determination,the EIS will be forwarded to the FAA for its Record of Decision. Budget concerns continue to affect the development program for MSP and its relievers. The 2006 CIP has only been approved for environmental review at this time. Final CIP approval should take place in December. Runway extensions for FCA are included in the proposed 2007 CIP. Sanitary sewer and water are currently listed for 2006, at the City's request. C. Flying Cloud Airport Zoning District Kipp said the Flying Cloud Airport Design Framework Manual was approved by Council in 1996. The manual is a guide for architectural standards, airport signs, site lighting, and other aesthetic issues. The manual is not regulatory and there are no assurances that recommended upgrades will be achieved. Kipp said consistency in application of codes at the airport is lacking and there is a need for updated airport facilities. The City's proposed zoning district would be regulatory. The code will address aesthetic issues and permitted uses on the land City Council Workshop November 1,2005—page 3 side of the airport only. Kipp noted MAC was given a draft of the proposed zoning district at their August 30 meeting with City staff and we are awaiting MAC's comments. Councilmember Case noted that MAC's legal counsel, Tom Anderson,had expressed concerns with the draft document at the August 30 meeting involving the City's authority to enforce zoning regulations at the airport. Tom Anderson said the Reliever Airports Task Force is addressing some of the same issues as the zoning district. Case said the City's Heritage Preservation Commission is looking at some hangars at the airport that may have historical value. Gary Schmidt said those hangars are along Highway 212, and they will have to be cleared when the runway is extended. Councilmember Aho said it is not clear to him that City has regulatory authority at the airport. Rosow said it is more complex than a simple yes or no. He will provide more detailed information on this to Young and Aho. Young said he had heard of a property owner at the airport who wanted to renovate his facility but was given the impression that the City would not allow it. Schmidt said MAC has zoning authority, but they are not currently set up handle that. He said MAC is not opposed to what they have seen so far in the zoning district proposal. Aho asked how the airport design guidelines compare to other zoning districts. Kipp said they are actually fairly soft compared to other zoning districts. D. Flying Cloud Airport Advisory Commission There has been some discussion on whether or not to bring the Flying Cloud Airport Advisory Commission back. The original Commission functioned as a means of communication between airport businesses, operators,residents and the City. The Commission developed the airport's noise abatement plan,reviewed the EAW and EIS for the 5,000-foot runway, developed MAC's annual noise monitoring summary, and designed the Airport Design Framework Manual. The commission was disbanded in 2001 when the memorandum of agreement between the MAC and the City was being negotiated. Kipp said a reinstituted Commission could provide oversight on implementation of the Final Agreement and airport expansion; act as a conduit for aircraft noise and noise abatement concerns; and resurrect the annual noise monitoring summary, in addition to other functions. Case said reinstating the commission is"110 percent what has to be done to assure continued adherence to the Final Agreement and Memo of Understanding." He said there is a need to educate new residents on the existence of the airport rules and regulations and the City's agreement with MAC. Anderson said MAC is fully in favor of reinstituting the commission.Mayor Tyra-Lukens asked who would represent MAC on the Commission. Anderson said Joe Harris,Flying Cloud Airport manager,would be a logical choice. Councilmember Aho stated he does not personally see the need for a commission. He asked whether or not MAC could keep the City informed through Kipp. City Council Workshop November 1,2005—page 4 Janet Jeremiah noted that staffing of another commission is not in the work plans or budgets that have already been drafted for the next few years. Jeremiah said in the past it took 10 weeks of staff time annually to run the commission. She said there are some valid issues an airport work group could address, but she is concerned about budget and staff time. Jeremiah also noted that a lower dollar amount has been budgeted for the upcoming plan update than last time. She has planned to have Kipp working intensively on the Comprehensive Plan update over the next few years. Aho said it seems like some are looking for reasons to put a commission together rather than there being compelling issues driving formation of a commission. Young said it seems that some of the issues discussed merit dialogue, but how it happens is less important. He said if the City does form a new commission,we need to pay particular care to how it is constituted. He said it needs to be a balanced commission. He is worried that if the commission is reestablished, only anti-airport advocates will volunteer. Young would like to have some outreach to make sure there is balanced representation. Case said his 11 years of experience on the Council have convinced him that the commission is critically needed now. He said if expansion occurs, impacts will be stunning to certain parts of the city and the City needs to have a mechanism to address these impacts. Case said he gets a-mails every month on airport impacts. Case agrees that it needs to be a balanced commission. It was done well before, and it can be done well again. Case said in regard to budget concerns, everything we do costs money. Case said there are non-compliant issues from residents' point of view,which a commission could address, and people need to know how to contact MAC to have violations addressed. Butcher said so much time was spent dealing with conflicts with the airport in the past that it would be wise to have a commission in place to mitigate any future conflicts that are sure to arise with the advent of expansion. Mayor Tyra-Lukens agreed, saying the Council will be criticized if there is no mechanism in place to deal with resident concerns when expansion takes place. Anderson suggested the commission meetings be scheduled quarterly unless there are pressing issues to be addressed. He said it might be a good idea to sit down once in a while to ward off rumors. Butcher asked if there is a way to share the costs for staffing and running the commission. Anderson said a commission does not need to be overly burdensome, and costs can be shared. Neal said staff will prepare an action for the November 15 Council meeting to reestablish a commission, and council can take formal action at that time. Rosow noted the City already has a body that is knowledgeable about planning, City Council Workshop November 1,2005—page 5 and a new commission would take a long time to educate on these matters. He suggested funneling airport design and planning issues to the Planning Commission. E. Airport Securitv Chief Dan Carlson introduced Sgt.Chris Wood, one of the primary Police liaisons at the airport. Carlson said airport operations, like all operations in the community, are relationship-based. He said the police have always have had a positive relationship with MAC. Designated police personnel regularly patrol the airport area and the relationship with MAC police and fire is excellent. Carlson said his philosophy toward airport security is to be preventative. Carlson noted the topic of physical security at the airport has come up in the news recently. The airport houses public businesses that must have some degree of access, so Carlson's goal is to have officers out there to ensure the department has good information on which to base recommendations. Carlson said he feels very good about security at the airport. Councilmember Aho asked how man and what kind of incidents the police Y respond to at the airport. Sgt. Woods said they have received 51 calls this year, mostly on suspicious persons or vehicles,with a couple of thefts and some medicals. Mayor Tyra-Lukens said she attended a regional airport security meeting a couple of years ago, and she was stunned that there seemed to be some question of who actually has authority for enforcement on MAC property. Chief Carlson said those types of issues arise when there are not good relations between the two parties. He has never seen a jurisdictional issue at Flying Cloud. Tim Anderson said there were some questions from tenants challenging City authority to come out to the airport for inspections and enforcement; however MAC does not have any problems with the City police and fire being out at the airport. Mayor Tyra-Lukens asked whether a similar compliance audit will be conducted annually. Neal said is it can be repeated if Council wishes.Neal said the audit was conducted because he feels it is important to be able to answer questions from the public on the status of the City's agreement with MAC. Council Chamber R. OPEN FORUM A. 2006 Budget Tom Briant addressed Council regarding additional concerns he has with the draft 2006 budget. City Council Workshop November 1,2005—page 6 B. Parks Referendum Richard Proops and Basil Wissner presented their respective opinions on the upcoming referendum. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 1,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, 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 Mayor Tyra-Lukens called the meeting to order at 7:08 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. FLAG PROTOCOL Neal noted questions had been raised earlier this year about the City's flag protocol and etiquette,which had not been handled consistently. The Council directed Neal to develop a consistent protocol. Chief Carlson asked the Police Reserve to work on this issue. Carlson said the Police Reserve was the ideal group for the job given their professionalism and their investment in the process as Eden Prairie citizens. Five volunteers developed the protocol. Flag Etiquette Committee member Woody Franklin gave a presentation outlining the committee's findings. The committee had three objectives: to make sure the flags were raised and lowered appropriately,to develop guidelines for lowering flags to half staff, and to assume responsibility for proper flag etiquette on City properties(City Center,the Senior Center, Public Works, the Water Treatment Plant, and the Fire Stations). The flag protocol would only affect these properties, as this is where the City has direct authority. After reviewing federal, state, military, and veteran flag codes,the Committee recommended lowering flags to half-staff on the following occasions: ➢ Memorial Day(flag would be lowered at sunrise and raised at noon.) ➢ All presidential proclamations lowering flags on Federal buildings. ➢ All gubernatorial proclamations relating to a public safety officer killed in the line of duty. ➢ Any Eden Prairie resident killed in action on active duty. ➢ Other gubernatorial proclamations approved by the Mayor as having local relevance (for example to honor a local state representative). ➢ Death of an Eden Prairie police officer(from day of death to interment). CITY COUNCIL MINUTES November 1,2005 Page 2 ➢ Death of a City official(day of death). The Police Reserve Color Detail is committed to assuming responsibility for proper display of the flag and for ensuring that such actions take place in a timely,professional, and patriotic manner. Officers in full dress uniform will raise and lower flags. The Color Detail will set up communication with the governor's office to contact the City and page members of the Color Detail when action is needed. Tyra-Lukens praised the committee's work and thanked them. She asked if deaths of public safety officers and military in combat would normally be gubernatorial proclamations. Franklin said yes. Tyra-Lukens questioned whether the link to the governor's office had been inconsistent the past. Neal said the City has had to look at the website. Franklin agreed notification is problematic, and sometimes even the State does not hear of Federal proclamations until they are on the news. However,the governor's office said they would call Eden Prairie dispatch with new flag proclamations. Tyra-Lukens asked if the proclamations would also stipulate the time frame. Franklin said yes. Typically the flag is lowered from sunrise to sunset on the day of interment unless the proclamation says otherwise. There was little discrepancy in flag protocol among the different groups studied. Aho thanked the committee for their work and suggested contacting the school district to see if they wanted to adopt a similar protocol. MOTION: Case moved, seconded by Aho,to approve Flag Protocol recommendations set out in the Executive Summary prepared by the Police Reserve Unit. Motion carried 5- 0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Young added an item to Reports of Councilmembers. MOTION: Butcher moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN MEETING ON THE PARK REFERENDUM HELD TUESDAY OCTOBER 11,2005 MOTION: Young moved, seconded by Butcher,to approve the Town Meeting minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. B. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 18,2005 MOTION: Butcher moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. CITY COUNCIL MINUTES November 1, 2005 Page 3 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 18,2005 Case noted a correction on page 6,to the last sentence of the 5t`paragraph, "Even at the current budget,the City would be spending less per person." MOTION: Butcher moved, seconded by Young,to approve the City Council minutes as published and amended. Motion carried 4-0 with Tyra-Lukens abstaining. VII. CONSENT CALENDAR A. EDEN PRAIRIE TECH CENTER by Mount Properties.Request for second reading of the Planned Unit Development District Review with waivers on 5.01 acres and Zoning District Amendment in the I-5 Zoning District on 5.01 acres; Site Plan Review of 16.47 acres;Approve Development Agreement.Location: 6509 Flying Cloud Drive. (Ordinance No. 13-2005 for 21-2005 PUD District Review with waivers and Zoning District Amendment,Resolution No.2005- 127 for Site Plan Review) B. ADOPT RESOLUTION NO.2005-128 APPROVING FINAL PLAT OF LUND 1ST ADDITION C. ADOPT RESOLUTION NO.2005-129 APPROVING FINAL PLAT OF AQUA ADDITION D. ADOPT RESOLUTION NO.2005-130 APPROVING FINAL PLAT OF DUCK LAKE KNOLL E. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR BUILDING SITE PREPARATION AND GRADING AT 11363 RIVERVIEW ROAD F. ADOPT RESOLUTION NO. 2005-131 CALLING FOR A PUBLIC HEARING DECEMBER 20,2005,TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT G. APPROVE 2005-2007 MUNICIPAL RECYCLING GRANT AGREEMENT FOR THE HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT H. PROCLAMATION FOR EDEN PRAIRIE LIONESS CLUB I. APPROVE CHANGE ORDERS NO.2 AND 3 FOR THE WATER FILL STATION IMPROVEMENT PROJECT,I.C. 04-5630 J. RESOLUTION SUPPORTING THE MINNESOTA ALLIANCE FOR SAFE HIGHWAYS (Pulled from Consent Calendar) CITY COUNCIL MINUTES November 1, 2005 Page 4 Butcher pulled Item J for discussion, asking if the Minnesota League of Cities supported the resolution. Neal said the League would discuss it at its meeting next month. Butcher asked if it would be prudent for the City to wait before supporting the resolution. Young agreed this is a sensitive issue and wished to see more information.Butcher noted the League of Cities does due diligence on such resolutions. MOTION: Case moved, seconded by Butcher,to defer action on Item J and approve Items A-I on the Consent Calendar. Motion carried 5-0. VIH. PUBLIC HEARINGS/MEETINGS A. 2005 SPECIAL ASSESSMENTS (Resolution No.2005-132) Neal noted official notice of this public hearing was published in the October 6, 2005,Eden Prairie Sun Current and sent to 426 property owners.Each year,the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year,the Council will address a list of projects and supplemental assessments for such things as trunk exclusions, lateral exclusions and trunk utility assessments. The total amount proposed to be assessed in 2005 is$7,866,001.02. Aho asked how much the City typically levies in special assessments. City Staff Alan Gray explained the number is project-based and varies year to year. This year was fairly active both in terms of the number of properties and the total levy. Property owner Bill Gibson asked for leniency on his $150 levy for grass cutting, saying his tenant was gone for three months and did not forward the City notice. Tyra-Lukens asked if the Council could make this decision. City Attorney Ric Rosow said that is the purpose of the Public Hearing. However,there are a variety of circumstances where property owners say their tenants did not forward information. It could be a slippery slope. Case asked if the fee was for one time mowing. Dietz confirmed the$150 fee was for one time and represents the City's out-of-pocket cost. Gibson said the levy was$450. Gray clarified the citywide total for grass cutting was $450. Gibson's portion is $150. Tyra-Lukens noted this was at least less than expected. She asked Gibson to give his correct address to City Staff. Resident John Peterson, of 7157 Ticonderoga Trail,protested the Hidden Ponds trail assessment. He said the trail is public property so he should not be assessed $512.50 for it. Dietz explained the trails were not public property,but jointly owned by a homeowners' association. Over the years,no homeowners' association was active and the trails(poorly constructed originally) fell into disrepair. Homeowners had concerns about liability. Through a lengthy process including much debate,the City agreed in July 2004 to accept the maintenance and liability for the outlots and trails if the property owners would accept the costs to improve them. Peterson maintained property owners had cared for the trails as best they could and said the City should have supervised trail construction to CITY COUNCIL MINUTES November 1,2005 Page 5 ensure quality. Tyra-Lukens asked when the trails were built. Dietz said in the 1970s. He acknowledged not everyone was pleased with the agreement. Over 260 property owners had to come to a negotiated agreement. Tyra-Lukens agreed the issue had been contentious but the agreement was an attempt to find the most equitable solution. She noted Peterson could in turn use trails developed by other homeowners' associations. Peterson asked about the appeals process.Rosow explained Peterson would need to file a notice tonight to preserve his rights,then follow it by filing an appeal with the Hennepin County District Court. He would be required to prove his property value was not increased by the amount of the assessment. Normally, only large assessments(such as sewer and water worth thousands of dollars)are worth appealing. Peterson said the trail money should come out of public funds. Dietz pointed out that if the developer had built the trails to a higher standard,the cost of purchase would have gone up. If the trails had been properly maintained, Peterson would have been paying a yearly fee for that too. Fifty dollars a year over 10 years is a reasonable compromise. The City also picked up some of the cost of the pond cleanup to keep the assessment from bring too burdensome. Resident Joe Fucile of 19155 Homestead Circle protested the special assessment f i or Hidden Ponds trails. He said he purchased his home in June 2004 and was not notified of any obligation or association and had never even seen the trails. The City should hold the developer accountable. Rosow said it would be highly unusual for there to be no documentation of common ownership. Oftentimes these get skimmed over in the sale of a home,but any covenants and assessments would be filed against title. Because they affect a whole community, such covenants can't be removed from the title in any case. Dietz said the previous owner would have gotten the City notices about the assessments. Fucile asked if the fee would be due all at once. Dietz explained it would be 1/10`h of the amount plus 6.5%interest yearly on the unpaid balance. If the home were sold,the agreement would generally require paying off the assessment. Homeowners can prepay the full amount by this November to avoid paying fees. MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No.2005-132 approving the2 005 Special Assessments. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 15,BLOCK 1,PRAIRIE EAST THIRD ADDITION, VACATION 05-04 (Resolution No.2005-133) (continued from October 18) Neal noted this Public Hearing was continued from the October 18,2005, Council Meeting. The Property Owner has requested the vacation of part of the drainage and utility easement to accommodate construction of a pool. A neighbor had asked about how the pool would be drained. Dietz said Staff had met with the proponent and neighbor and the proponent will put in a plastic pipe to drain the pool to the street, away from the other property. All are agreeable to this solution. CITY COUNCIL MINUTES November 1,2005 Page 6 MOTION: Aho moved, seconded by Butcher,to close the Public Hearing and adopt Resolution No. 2005-133 vacating part of the Drainage and Utility Easement over Lot 15,Block 1,Prairie East Third Addition. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young,and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS.REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Budget Review Process—Councilmember Young Young noted staff expertise is needed to adequately evaluate the facilities and information technology budgets and time is running out. Neal said he wanted to take enough time to perform due diligence and explain how the budget differs from last year, especially in the area of facilities which is complicated by changes in what is outsourced and insourced. He expected to present findings at the November 15 meeting. The Truth-in-Taxation Hearing is two weeks later so there should be time for a special meeting after the 15d'if needed. The rest of the agenda on the 15th would be light to allow ample time for discussion. Case agreed it is important to get good data and noted there are almost three weeks between the 15th and the Truth-in-Taxation hearing. He supported an extra meeting. The Council needs not only to discuss line items but also to have a philosophical discussion of what the increase should be and whether and how to use reserve funds. Case said he had a package proposal to present at either the Council meeting on the 15t' or a special meeting. Neal proposed scheduling a meeting for Tuesday, November 29`h. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES November 1, 2005 Page 7 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: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:07 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. A. Randy L. Slick Final Plat Approval of The Pointe on Public Works/Engineering Lake Riley Requested Action Move to: Adopt the resolution approving the final plat of The Pointe on Lake Riley Synopsis This proposal is for the plat located at 9004 Riley Lake Road. The plat consists of 4.5 acres to be divided into four single family lots and two Outlots. This is a replat of Lot 3, Block 1, Riley Estates. Background Information The preliminary plat was approved by the City Council on May 17, 2005. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 21, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$310.00. • Receipt of street lighting fee in the amount of$213.84. • Receipt of street sign fee in the amount of$146.00. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements and Riley Lake Road Improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot)of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall provide a cross access easement and Maintenance Agreement for Lots 1-4 over Outlot A. • Prior to release of the final plat, Developer shall provide a Warranty Deed to the City of Eden Prairie for Outlot B. • Prior to release of the final plat, Developer shall submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF THE POINTE ON LAKE RILEY WHEREAS, the plat of The Pointe on Lake Riley has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Pointe on Lake Riley is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 15, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk THE POI NTE ON LAKE RILEY KNOW ALL BY THESE PRESENTS:Thr G&L Lxr bvestmeM,L.C.a MbneeoM Freed lebily colnpeey,ow«n hM pmp6r,re,xr Lakeland C—Ir-fi n Fin—,LLC,a ' L• < l \ MinneeOle 1m88a kebMry wmpary.mrlgegea INm,tokwkq d«cribea pr«ady eBUMed M me County of Hermepin.Stre IN MMneeeM,M wR: ' t \ Lot O.Black 1,RILEY ESTATES,Hennepin County,Minn«°M. \ G Hr—be m,same k be—OrOn end PWW r THE PONT ON LAKE RILEY,end du«hereby dedkre to me pubic fey pubk we Wmx the O V,ere uoMy eramenb w y, eMwn on mid pet. M witneae wM1ereol fore G&L—WeebneM,LLC nee Cornea thee,pre,«le to be eKmed by Be Pmpx olficx Ole_dW or 20_ \ G&L LAND NVESTMENT,LLC DY .CMr FberielMeepx Timothy J.Guik14 I L ( L_ NarGs. .,A, w \ b witnees wnerepf eaM Lrebm Crwtnc FManee.LLC hee ceued mre pr«enb b be elpnad DY N pmpx olkx mid der m zO_ BEARINGS BASED ON THE PLAT OF J M2ri3ie»` e b LAKELANO CONSTRl/CTION FINANCE.LLC RILEY ESTATES. by N 0 50 IN � t 4'Wr =i STATEOFMNNESOTA SCALE IN FEET / �'\ �\ COUNTY OF CQ/ \ The WeBoinp irbumxa wr rkmwbdp,d before me mid dry r 2005,by Thnomy J.GWIlot ChiefFbxwiel Mawper of G&L LerM o DE OTES I/2 INCH BY INCH IRON MONUMENT �-- ` bvwtmenl,LLC.°Mernmes Md I Xeebley°ompen,,On bMM ofm the mpxry. SET AND ANp MARKED BY L.S.S.N0.14890 Y .` '- '__ •DENOTES 1/2 INCH IRON PIPE FOUND UNLESS W fo yY t) HOT MODIT NINery Pubk, County,Mbneere SPEGFlEO OINERMSE e�j/0 `+ ' My Commieebn Expkr ryp Srce'd6v \.�Rtg� STATE O IN Y 8 The Wep0llg inewm«Iwr k c mwletlgatl before maLhb day°/ 2005,by DRAINAGE AND UTILITY EASEMENTS for Lek,Wld Con.on-tion Fkn MmltM teb noaLLC,INeen— llM For,peer,cupxy on, beI r me —no—.ARE SHOWN THUS: � ` •f �Y;o�tie � —no—., Notary Public. C°uny,hNmeere My Comrhrh—Eapkr I —ceroly mr I nave surveyed err pMdetl Ina hoeft d«of f°n bola A «THE POINT ON For R0.EY; bo Oie plat 4 e carrecl reprweMrbn of the suvey;Oet ell \ \ dbl xa n*W o shown;nd e d O/renoe - end nPndredme r e for;e d el mebb m th head beee cerreclN placed In IRA pnKmd r anown:Mr me pubka tbb n ry knee xe ` \ corrxLN a«Ignrad on me vW:xr mr Bero re no pMk ngnweye M a arlpnree on the pW. •� t8 1u10 �4 Co 1\ 1 \J Robed L.PreM.Lxr Surveyor BONG 6 FEET IN 10 FEET AND WDMI 1AN MMn«old Llcewe NumDx ta890 LOT LINES AND 10 FEET IN S AN AND S a�8 �•• \ \ \ ADJOINING RIGHT L WAY UNES AS SHONN ON THIS PLAT. STATE OF MINNESOTA COUNTY OF The Wegoft Surveyor"Cerlifcre wr bckrvmredged We$me Mrs ew IN zoos,by RODM L.Pren,lkawee Land Surveyor. Non-P°bk � . Camly,Minnrol° L I I 1 g1 \ +/ '(f` ,�Y3 �-ASy My commM.M E.dw° EDEN TMe pbl It POINTTE OTA SI ON LAKE RILEY wr epprved ere c obbiW by me CCityounc Cil ofrls Eden Pre ,Mime nob,r a,° W m M boxer new this dry of4 I 1 ).._yt�yj'/M1`-� 2005. CRY COUNCIL OF EDEN PRAIRIE,MINNESOTA a By Mryor My Men°per or cl r it 1 •Wry I I hxry PAYER cxti SEWICES N t ei ner pNtl / M bM YW5 arq C°uay.Mmneeo4 rry0 I I .y"/" J prW Yas°eve been pore for Ird arcribea°n bola pM.Deba tltle aq IN 2005. 1°5 G\ Prdck H.O'COMcr,Coot AWiW by Dopy V' SURVEY DNISION,He—*Count',Minn°er° �4-do Punuenl b MINN.STAT.Sr.381(IML Ne plat Kee been W-ed 80s de,IN 2D06. .cduny SlWxyer by ebo adt REGISTRAR OF TITLES,H,neepin Count',Minn«off tpA+-I „p WATFA ELEVATION: As OF SEPIEMBER 16,z005. I bxvby ceNN met be,wimlo pWr THE POINTE ON LAKE RILEY wr 6M b bola We, _tlMr .z0�r o'cio, \ ' -«Kpyyt eTY �,IF.[•r -865.36 FEET(N.G.V.D.-1929) Mkher H.Cunnl6.Rapbhr INTIM by DTpy F \ p>•at'My x •,Yy� HIGHEST KNOWN WATER ELEVATION: 856.7 FEET(N.G.V.D.-1929) pif'hY UI¢ _ ACCORDNO TO RECORDS OF DEPT.OF NATURAL RESOURCES, STATE OF MINNESOTA. TJ `--lNteDAIE BENCHMARK: TN19.H G SW GU WAD T A SH LOT AS OWN. V • ELEVATION FEET(N. V,D. A A 1�L11�LIO Engineering LLC m CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Randy L. Slick Grading Permit for Backyard Fill/ Public Works/Engineering Retaining Wall Improvements at 11381 Landing Road. Requested Action Move to: Authorize issuance of grading permit to JLM Landscape Design for the backyard grading and retaining wall improvements at 11381 Landing Road. Synopsis JLM Landscape Design is requesting City Council approval for the grading and retaining wall improvements at 11381 Landing Road. The proposed project would include the construction of a single, continuous retaining wall. The wall will range from 0-12 feet in height and approximately 1500 cubic yards of imported fill will be placed to level the backyard. Background Information Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Community Development staff has reviewed the proposal for conformance to City Code. Parks and Natural Resources staff has reviewed the plan and has recommended that the proposed retaining wall be moved from the current five to seven feet from the trunk of the trees to a distance of fifteen to twenty-five feet from the trunks of the oak trees. Experience and best construction practices should dictate that the retaining wall should be built outside the drip line of the two oak trees. Attachment Grading plan ,- j.- ` Existln¢Conditions Storm water from the driveway i 2s down the east side of the ho and has caused A l substantial erosion of the sl dowaspo barge storm ape. "orally,existing roof disc \ water onto the sloped backyard. omeowner wishes to remediate th problems,and D. r G well as create a useable lawn area their backyard for their 3 children. {l�•/ - pro ooaed RetaWug Waii ` \ \ a We are proposing the installation f a single,continuous retaining 1 to level up the \\ homeowner's backyard fora hrtve terrace. Approximately 1 500 to of clean, d importe fill will be imported to i 1 the gnade of the- Yard The propo wall is located within established Conservation ,Drainage Easements,and is configured to ` i r�� •1 avoid 2 large oak tress. Wall wi be constructed with Anchor D" and Pro Modular / Block in a tam color to blend in wit its surroundings. d Drina a vemen Existimg downspouts will empty to proposed underground storm water into the proposed la terrace through Pop-up b bb1P Oncedr e I• .P `•. terrace is sodded,work will prog m back up the access sthe lawn lope," ing rip rap,dram a�i i 6 rock,and plantings to mitigate soilroslon. �� 7t �"=�•' _ �� - ;;lrj� Eden Prgirie, Minn. sots Oro• , `k 14.F y a'+o i. 410 + 4 t+ 1 _ a o) 'r7�6/f - -05•• � Q� a. 4 D W .- ••/ S8) .. s� rpm p7 ,.f9.3,:� �.. -;y.9P. -+�. QSG'. "`o ,�1•; T r'VP C'�, ar f ls' ClaOilg� 1�49.9� �EIA/N G {' -� I Is•� ,rin � tt•,r To. • Pe' I tYz * / 1 tq°•9 �j 1'p' / I `l _ �49'y •• ' 1 io' 1stOral 18 .96 S 89'3 '04" E r o Denotes iron mont iont Proposed garage floor elev.= -IS$,U BU CHMAR1 K., Top of tro Marked "831" • Denotes offset sto proposed top of oundotion e/ev.=')SS•'>3. �Q1�on- X 000.0 Denotes existing e v. .0) Denotes proposed ev. Proposed lowest oar elev.- �49.48 —� Denotes surface d inage , �Err/SE. /-Db-O Z'Mr3r.Er&✓3. A rlxG 33, 53= .T7 AC. LE DESCRIPTION- Lot 11, lock 2, SCHLAMPPS WALNUT RIDGE, Henn in County, Minnesot 1 I weby certify,that this-survey, on or report was prepared bj me- File-No. DE ARS-GABRIEL or inder my direct supervision a d that/am o duly Registers and 11335-8 LAND SURVEYORS, INC. Su war under the Laws of the tote of Minnesoto. CER FICATE OF SURVEY �+ Book-Page 30 0 Harbor Lone No. T s �. FOR Ply oath, MN SS447 Ph e:(763) 5.59-0908 Dod E. Crook LECY Fo :,(:63) 559-0479 hi--Z S-ol •_ .. Scale Do Minn.'Reg. No. 22414 1"-30' Co STRUCTION - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Scott Neal, City Manager Travel Policy Requested Action Move to approve the new Travel Policy, effective January 1,2006. Synopsis Earlier thi s is year,the State Legislature adopted legislation requiring all local governments to adopt written travel&meal policies for both elected and appointed officials. The attached policy was drafted by the City Attorney's Office and adopted by the SW Metro Transit Board of Directors in October 2005. The policy is compliant with the new state law. I am proposing that the Council adopt the same policy as adopted by the SW Metro Transit Board. If this policy is adopted by the Council, I will prepare a proposed annual travel plan for the Council that the Council can adopt at its first meeting in January 2006. Attachments Travel Policy CITY OF EDEN PRAIRIE TRAVEL POLICY PURPOSE The purpose of this policy is to establish guidelines for travel meal and conference p IP p Y g s, expenses necessary to the transaction of official City of Eden Prairie(City)business both within and outside the state of Minnesota and to outline the procedures for expense reimbursement. POLICY It is the policy that reasonable travel,meal, and conference expenses incurred by City employees and Councilmembers while traveling both within and outside the state of Minnesota as representatives of the City will be paid by the City in accordance with this Meals and Travel Policy. APPLICABILITY This policy is applicable to employees and Councilmembers. Newly elected Councilmembers will be eligible to attend meetings and conferences before taking office with prior approval of the Council. GENERAL Delegation of authority to approve travel: An annual conference travel plan will be developed by the department director, submitted to the City Manager, and approved by the City Council as part of the budget process. All travel must be approved in advance by the department director or the City Manager. Travel for out of state meetings not included in the annual conference travel,but within the adopted conference budget, must be approved by the City Manager. Business expense without overnight travel: It is recognized that mileage and meal expense may be incurred for City business purposes for meetings that do not require overnight lodging. This includes luncheon meetings held by professional organizations and business meals for meetings that cannot be reasonably held at another time. The employee must detail the date,time,place and purpose of the meeting, and the name(s)of attendees. Actual expenses will be reimbursed when consistent with this policy. If a meal is furnished with a registration paid by the City and the employee elects to eat elsewhere, the meal expense will not be reimbursed. Employees are personally responsible to pay cancellation fees for a business luncheon when one is charged. Daily per diem amounts cannot be claimed for meals unless incurred in conjunction with overnight travel. Employees should not accept meals from a City vendor or potential vendor unless the meal is part of a paid conference or training session and the vendor has provided the same benefit to all participants. Page 1 of 4 Employee Responsibility: Reimbursed travel expenses are those expenses essential to the transaction of authorized official business. The City expects employees traveling on official business to exercise the same care in incurring reimbursable expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Travel. Travel must be by the most direct,usually traveled route and by the most economical mode of transportation available. Travel for official business will be by the method of transportation that will result in the greatest cost advantage and efficiency to the City. REGULATIONS AND PROCEDURES The following regulations and procedures will govern all travel and mileage reimbursement: 1. All out of state travel must be approved by the department director and City Manager, and submitted in the budget process. Out of state travel is appropriate for conferences. 2. The"Employee Expense Report"must be completed for all travel and meals.The expense report should be a complete listing of the total expense for the trip. This includes the expenses paid directly by City. The itemized expense report must be completed, approved by the department manager, and submitted to the finance department within thirty (30)days following the date of return from a trip. Expense forms are available from the finance department and should be obtained before the trip is taken. 3. Receipts must accompany the expense report for the following expenses unless the amount claimed is under$20.00 and a receipt is not normally issued for that type of expense(i.e. bus fares): A. Transportation costs,which must be itemized as "from" and "to" B. Lodging C. Registration fees 4. For trips longer than one day, lodging and transportation will be reimbursed.Daily reimbursement of meals and incidental expenses incurred during official travel above and beyond lodging and transportation will be reimbursed on a per diem basis or actual expenditures, if receipts are submitted. Meal expenses in excess of the per diem rate are not eligible for reimbursement unless a business purpose can be established and it is approved by the City Manager. 5. All lodging costs must be supported by an officially recognized original lodging receipt(not a credit card charge slip or statement) from a hotel, motel, or other commercial lodging establishment. Government discount rates must be obtained whenever available. Only the cost of single occupancy will be reimbursed. If a double occupancy occurs (i.e., a spouse or guest accompanies the employee),the employee is responsible for paying the additional cost of double over single occupancy. There are no fixed amounts for hotel or motel accommodations,but charges must be reasonable and consistent with the facilities available. Page 2 of 4 6. Air transportation will be tourist or coach, except when this is not available. If a reservation is not going to be used, it must be canceled immediately. Cancellation fees will only be reimbursed for extenuating circumstances and require the approval of the City Manager. 7. Employees are entitled to a per diem allowance anytime they are in travel status and authorized lodging costs are incurred. The allowance begins and ends when travel status begins and ends. Claims for meal reimbursements can only be made when in travel status. Specifically,per diem covers expenses for breakfast, lunch, dinner, and related tips and taxes;tips to porters, baggage carriers, bellhops,and hotel/motel housekeepers, and other incidentals.Maximum per diem rates are prescribed for daily reimbursement of meals and incidental expenses incurred during official travel above and beyond lodging and transportation.As detailed in the following table,per diem rates vary according to locality.A five-tier per diem rate system has been established by General Services Administration (GSA). The listed per diem rates are available alphabetically by state at www.policyworks.gov under per-diem rate. The column to use is identified as `M&IE rate'. A standard per-day rate applies to all locations not specifically listed or encompassed by the boundary definition of a listed point. A per diem is not provided when the period of official travel is less than 24 hours and does not require lodging. The per diem requested should be pro-rated if travel begins or ends during the day. Actual costs for legitimate business meals may be reimbursed if approved by the department director and City Manager. The purpose and attendees must be clearly stated on the request for expense reimbursement. When one or more meals are furnished at no cost(e.g., included in conference registration fee)to the employee,the per diem rate is reduced by a predetermined amount. This is based on the five-tier per diem rate system that has been established by General Services Administration(GSA). Per Diem Daily Rate $31 $35 $ 39 $43 $47 $ 51 $64 Breakfast 6 7 8 9 9 10 12 Lunch 6 7 8 9 11 12 18 Dinner 16 18 20 22 24 26 31 Incidentals 3 1 3 3 - 1 3 1 3 1 3 1 3 8. Reimbursement for use of a personal automobile will be at the IRS approved rate. (48.5 cents per mile effective 09/1/2005.) 9. Reimbursement for car rental is an option for out of state travel and must have prior approval by the City Manager. Reimbursement will be made on the basis of current rental rates for the geographical area. The following situations must be weighed in justifying car rental. If the airport is located a considerable distance from the conference destination, renting a car may be more cost effective than paying for a taxi or shuttle service to and from the airport, especially if more than one employee is traveling together. The same consideration would apply if restaurants are not close by and a taxi must be used. The physical damage insurance should be purchased from the car rental company and be included in the rental versus public transportation cost analysis. Page 3 of 4 10. Payment of expense for transportation by personal vehicle for out-of-state travel,with the prior approval of the employee's supervisor,will be made on the basis of current commercial tourist or coach air fare when that option is more cost effective. The cost analysis should be noted on the employee's expense report. City employees who use their own cars for official travel are required to carry limits of liability of at least$250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. When a personal or City vehicle is used in lieu of air commercial transportation,reimbursement for meals and lodging will be limited to the period of time required if the most direct and cost/time efficient transportation were used. 11. Long distance telephone charges incurred when the employee is out of town overnight will be reimbursed under the following conditions: • The call is made for a business purpose(City office, return business calls, etc.) • The call is a personal call to speak with immediate family members or a"house sitter", etc. This is limited to one call a day with a maximum limit of 30 minutes, except in the case of an emergency. 12. The City may advance to any authorized person the estimated costs of traveling to meetings both within and outside the state on official business.Advances should be considered the exception and should be requested at least 15 days in advance of the first day of travel. The City encourages the use of personal credit cards by the employee and prompt claim for reimbursement. When the claim for reimbursement is made promptly after the incurred expense,the City will endeavor to process the reimbursement payment before payment on employees' credit card is due. Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Robert A. Lambert, Director Proposed Land Exchange Parks and Recreation Requested Action Move to: Direct to staff to prepare an exchange agreement with School District 272 for the acquisition by the City of land located south of Eagle Way, adjacent to Round Lake Park,to accommodate the expansion of the Community Center and for the acquisition by the School District of land located south of Staring Lake Parkway across from Oak Point School to accommodate the relocation of the Anderson Schoolhouse. Synopsis City staff have proposed that the City acquire approximately 59,700 square feet of land located south of Eagle Way from the School District and in return convey in the School District and to trade for a approximately 59,700 square feet of the land owned by the City of Eden Prairie, south of Staring Lake Parkway across that road from Oak Point Intermediate School. The City would use the property from the School District to expand Round Lake Park to accommodate possible future expansion of the Community Center. The School District would use the land south of Staring Lake Parkway as an overflow parking lot for school events at Oak Point, and to accommodate the relocation of the Anderson Schoolhouse. The City has maintained the property south of Eagle Way at this time, as part of Round Lake Park,therefore there would be no additional maintenance costs to the City.And the major user for the parking lot south of Staring Lake Parkway is for overflow parking for School District events occurring at Oak Point Intermediate School. There is sufficient amount of land on the west end of the parking lot to accommodate the relocation of the Anderson Schoolhouse,which is proposed to be acquired by the School District through a donation from the Eden Prairie Historical Society. Background The School Board and the City Council briefly discussed this land exchange possibility at a workshop several months ago. The City and School staff have also discussed this potential land exchange.All individuals involved in the discussion thus far,have agreed that this would be beneficial to both the School District and the City of Eden Prairie. Proposed Land Exchange November 15, 2005 Page 2 The first step is to prepare an exchange agreement that would accommodate the land trade and have the agreement approved by both the City Council and the School District. When both parties have signed the exchange agreement,the transaction could close in accordance with the terms of the agreement. A copy of the parcels with the approximate square footage of land is attached to this memorandum. The actual square footage would be determined by a land survey. The survey and the legal description from the survey would be used to describe the parcels in the exchange agreement. Attachment Land Swap Proposal Maps ii 710 K tea ' � �`� "b►r � r �� l5v f�-• � Ste" ,`% 4 _� ,� �i� ". » •3 ...�.„`.3 � _ '.. 1st` �',�� 5y �,` i t� M 5010OL PROPERTY - 59,70G.73 50. IT WIN JON �! V ��rr r c i o,... ..�...`..�.............. .. ,u..r.....,•dam?.` s.. CITY PROPERTY - 59,703.70 5Q. FT CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Robert A. Lambert,Director Purgatory Creek Design and Construction Parks and Recreation Services for Implementation of Boardwalk Overlook and Walk Connections Requested Action Move to: Recommend the approval of the Contract for Services with SRF for designing and construction services for the boardwalk overlook and the walk connections at the Purgatory Creek Recreation Area. Synopsis The boardwalk over the water and the trails leading to that boardwalk are the final phase of the Purgatory Creek Recreation Area project. (The third phase was to be the full access interchange, which was rejected due to high bids earlier this year.) This project is scheduled for construction in 2006 and would be funded from the Park Dedication Fees. The estimated cost for the project is $83,600. The cost for design services is an additional $15,968. This will be a pier that will be constructed on pilings out over the water and will be large enough to accommodate picnic tables and other seating. City staff believe this is an important feature of this park and recommend approval of this contract. Upon approval of the contract,plans and specifications will be developed and submitted for bid in February 2006 for a construction project that would begin in the spring of 2006 and completed during the summer months. Attachments SRF Proposal I i i HICONSULTING GROUP , INC . fj Transportation•Civil•StructuraI•Environmental•Planning•Traffic•Landscape Architecture•Parking•Right of Way j October 24,2005 Proposal No.P05522 E i Mr. Robert Lambert f Director of Parks and Recreational Services f E CITY OF EDEN PRAIRIE j 8080 Mitchell Road Eden Prairie,MN 55344-4485 SUBJECT: PURGATORY CREEK PARK DESIGN AND CONSTRUCTION SERVICES FOR IMPLEMENTATION OF BOARDWALK OVERLOOK AND WALK CONNECTIONS I i Attached is a Scope of Services reflecting our anticipated level of effort needed to coordinate the design, construction documentation, and in construction services for the boardwalk overlook and concrete paver walk connections. Also enclosed is a site plan (Attachment A) highlighting the proposed location of the boardwalk overlook and walk connections to be integrated with the existing landscape and pedestrian walkways. Additional geotechnical services will be required for designing and engineering the boardwalk structure which is included as part of this proposal. It is our understanding that this project will be bid in late January or early February 2006 allowing the installation of piling for the boardwalk during the winter and . construction of the boardwalk structure, and walkways in early spring. (See Attachment B for additional Scope of Service assumptions made for preparation of this proposal.) E BUDGET } The estimated cost for the services described in the Attachment C - Scope of Services is$15,968,which includes both time and expenses. r BASIS OF PAYMENT We propose to be reimbursed for our services at the approved City rates for actual time expended. Other direct project expenses, such as printing, supplies, ' reproduction, etc. will be reimbursed at cost, and mileage will be reimbursed at the current allowable IRS rate for business miles. F Invoices are submitted on a monthly basis for work performed during the i previous month. Payment is due within 30 days. r i I I One Carlson Parkway North,Suite 150 Case Plaza,One North Second Street Minneapolis,Minnesota 55447-4443 s r f c o n s u i t i n g.c o m Fargo,North Dakota 58102-4807 Tel:763-475-0010•Fax:763-475-2429 Tel:701-237-0010•Fax:701-237-0017 4 An Equal Opportunity Employer i f i Mr.Robert Lambert October 24,2005 City of Eden Prairie Page 2 CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763-475-2429. { We look forward to continuing our work with the City of Eden Prairie on this exciting and important project for the Purgatory Creek Recreation Area. If you have any questions about the attached scope of services,please let us know. Sincerely, SRF CONSULTING GROUP,INC. APPROVED: en rieshaber,ASLA Associate (signature) Name Barr j. rner,FASLA,AICP Title Seni President I Date ' KG Attachment: Scope of Services i This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. L t i i s { d ( or ' 1 ro %r >g >a ✓ It it E , I .ri « i { j 1 > OLAGC HILLS SMICE i f ATTACHMENT B SCOPE OF SERVICES ASSUMPTION 1. Project construction is estimated at$80,000. Substantial deviation in this amount affecting the content of the plan set will serve as the basis for an adjustment to the project scope of services and level of effort (compensation). f 2. After reviewing current soil boring information available for the site, it has been determined no additional soil borings will be needed. Additional geotechnical analysis will be needed for structural design of I the boardwalk overlook which is included in this proposal. i 3. This proposal does not include additional site surveying. It is assumed j the grading plan used to construct the park reflects the current as built condition of the site needed for design and construction of the boardwalk overlook and path connections. { I '1 1 I i i i 10/24/2005 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 1 ATTACHMENT C CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT: PURGATORY CREEK PARK BOARDWALK OVERLOOK AND PATH CONNECTIONS SUBCONSULTANT: AMERICAN ENGINEERING TESTING,INC. """'ESTIMATED PERSON-HOURS"«... SR. ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE ASSOCIATE PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 BACKGROUND INFORMATION 1.1 Gather and prepare base map Information. 0 0 0 2 0 0 2 1.2 Complete geotechnlcai analysis. 1 2 1 2 0 0 6 SUBTOTAL-TASK 1 1 2 1 4 0 0 8 $723.00 2.0 DESIGN DEVELOPMENT 2.1 Refine layout and design of boardwalk overlook. 1 2 4 8 0 0 15 2.2 Refine layout and location of path connections. 0 0 2 4 0 0 6 2.3 Prepare cost estimate. 0 2 1 2 0 0 5 SUBTOTAL-TASK 2 1 4 7 14 0 0 26 $2,181.00 3.0 CONSTRUCTION DOCUMENTATION 3.1 Prepare layout and grading plan for boardwalk and path connections. 1 2 4 16 0 0 23 3.2 Prepare landscape plan. 0 0 2 4 0 0 6 3.3 Prepare necessary plans and details for construction of boardwalk. 2 4 8 32 0 0 46 3.4 Prepare written specifications and bid form. 0 4 8 2 0 4 18 SUBTOTAL-TASK 3 3 10 22 54 0 4 93 $7,360.00 4.0 MEETINGS 4.1 Attend(1)meeting with Watershed District. 0 0 2 0 0 0 2 4.2 Attend(2)meetings with City Staff. 0 0 4 0 0 0 4 SUBTOTAL-TASK 4 0 0 6 0 0 0 6 $606.00 SRF CONSULTING GROUP,INC. PurgaloryCreekaoardwalk ENGINEERS AND PLANNERS MINNEAPOLIS,MN. --- .....................__----------.. 10/24/2005 WORK TASKS AND PERSON-HOUR ESTIMATE PAGE 2 ATTACHMENT C CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT: PURGATORY CREEK PARK BOARDWALK OVERLOOK AND PATH CONNECTIONS SUBCONSULTANT: AMERICAN ENGINEERING TESTING,INC. ****'ESTIMATED PERSON-HOURS**'** SR. ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL ASSOCIATE ASSOCIATE PROF. TECHNICAL CLERICAL TOTALS fEE 5.0 BIDDING 5.1 Distribute plan sets. Answer contractor questions. 0 0 2 0 0 0 2 6.2 Prepare addendums as necessary. 0 0 1 0 0 0 1 5.3 Attend bid opening and prepare bid tab. 0 0 2 0 0 1 3 SUBTOTAL-TASK 5 0 0 5 0 0 1 6 $556.00 6.0 IN-CONSTRUCTION SERVICES 6.1 Attend pre-construction meeting. 0 0 2 0 0 0 2 6.2 Review and approve pay requests. 0 0 2 0 0 0 2 6.3 Complete periodic site Inspections and prepare field reports. 0 0 0 24 0 0 24 SUBTOTAL-TASK 6 0 0 4 24 0 0 28 $1,892.00 TOTAL ESTIMATED PERSON-HOURS 5 16 45 96 0 5 167 AVERAGE HOURLY BILLING RATES $142.00 $116.00 $101.00 $62.00 $52.00 $51.00 ESTIMATED LABOR AND OVERHEAD $710.00 $1,856.00 $4,545.00 $5,952.00 $0.00 $255.00 $13,318.00 ESTIMATED DIRECT NON-SALARY EXPENSES Mileage $50.00 Printing Costs $100.00 Subconsultant American Engineering Testing,Inc. $2,500.00 (Complete soil boring and engineering recommendations) TOTAL ESTIMATED FEE $15,968.00 SRF CONSULTING GROUP,INC. PurgaloryCreekaoardwalk ENGINEERS AND PLANNERS MINNEAPOLIS.MN. -..........-.._._�_..._-_. .-._.. -._._... -- ..............I--................__......._ .............._... .1.__.-_.. ----- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15, 2005 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.:.VII.F. Office of City Manager Resolution Canvassing the November 8t'Park Kathleen Porta, City Clerk Referendum Results Requested Action: Adopt Resolution canvassing the results of the Park Referendum held on November 8,2005. Synopsis: Minnesota Election Law 205.185, subd. 3 requires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. Attachments: Resolution Election Results CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005-135 CANVASSING RETURNS OF PARK REFERENDUM BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that it is hereby found, determined and declared that the special election held in and for the City on November 8, 2005, was in all respects duly and legally called and held and the returns thereof have been duly canvassed, and the votes cast at the election for and against the propositions submitted to the electors were as follows: Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not to exceed $6,650,000, for additions and improvements to the Community Center? Votes YES 3889 Votes NO 3689 As the proposition did receive the approval of a majority of the votes cast thereon, it is hereby declared to have carried. If Question 1 above is approved, shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not to exceed$3,330,000, for additions and improvements to the existing indoor swimming pool located at the Community Center? Votes YES 3415 Votes NO 4152 As the proposition did not receive the approval of a majority of the votes cast thereon, it is hereby declared to not have carried. Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not to exceed$4,695,000 for the acquisition of additional park land and improvements to existing parks? Votes YES 4405 Votes NO 3182 As the proposition did receive the approval of a majority of the votes cast thereon, it is hereby declared to have carried. Shall the City of Eden Prairie issue and sell its general obligation bonds in an amount not to exceed$2,000,000, for improvements to and expansion of the trail system? Votes YES 4309 Votes NO 3274 As the proposition did receive the approval of a majority of the votes cast thereon, it is hereby declared to have carried. ADOPTED by the City Council of the City of Eden Prairie this 15t`day of November, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE November 8,2005 Referendum Official Results s NO 230$ 241 165 151' 265, 208 172 145' 191 315 37 192� 104 68 253 281 3889 YES 226 326 194 169 287 255 172 129 20 p� SI 313 3 19 13 231� 163 220 162 172 284J 3689 i ._ Overvotes 0 0 0 0 Oj 0' 0 0 0 0 0 0 0 0� 0 0 i 1 0 0 1' Undervotes 4: l y.. 2 µ 5 4 2 3 11 3 3 0: 2 4 1 11 ) 0 52 Blank 0 Total 1 460 568 361 325 556 465 347 285 399 631 76 390 245 463 316417 331 429 567 7631 YES 196 267 175 150 255 218 158 112 176 278 34 159 95 185' 136i 171; 146 243 2611 3415 NO 260 296 184� 171 298 245 184 161 219 348 41 227 149 276 179 245 184i 192 303 4152. Overvotes 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0€ 1 0 2 Undervotes 4, 5 2 4 3 2 5 12 3 5 1 4 1£ 2 1 1 1 31 3 62 Blank Total 460 568 361 325 556 465` 347 285 399 631 76 390 245 463 316 417 331€ 429 567 76311. a Referendum Question 3 Precinct 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19TOTAL YES 259s, 347 244€ 188 306 250 194� 156 229 340, 40 226 131 268 168' 232 201 300 326 4405'. NO 199 220` 116 134� 247 211 1521 118 168 288: 36 166 113 194 147 182 129 127 240 3182'. IUndervotes l l,.., 1 � "..3 ®�.............. ... F�... .a 11' ._...,.2. .... 3 0 3 1 1 1 3=.,_�1 ..._.,. w.. Blankotes...®. 0 O d .�. , OI �. . 0 .._.__ 0- �0�... 0 0 0 .. 0 0 0� .....0 2 40� Total 460 568 361 325 556 465 347 285, 399 631 V 390 245i 463 m316 417 331 429 567 7631_. .L., .... ., q... �I. , s IYES 244 333$ 237 195 2821 252=Y 199 148 221 34 44 2261 145 251 17 43W NO 212 235 121 127- 270€ 2111 147 125 178 280 32, 16I'll1 99 212. 143 182 137 147 255 3274 Overvotes 0 0: 0 0 0 0 0 0 0 0 0 0 0' 0 Undervotes ,4 0 3 3 4 2 1F 12 0s5 5 0 3° I 01 0 0 00 0` 0 481 M.. .,.<...x# 'Blank , 0 i Total 460": 568,- 361( 325 556 -465 347 285 399 631' 76, 390, 245 463 316 417. 331 429 567 7631 Precinct 1 2 3� 4 51 6 7 8 9 10; 11 12, 13 14 15 16 17 18 19 OTAL REGISTERED AT 7 A M 1690 1923 1308 1522 2181 2172 1557 1180 2015 2525 17'6 2519, 1896, 2302 1683 2344 1572; 1586 3226 369613. !REGISTERING ELECTION DA; ]0� 24 14� 1 16 13 15 14 11 23 9 19 12' 13 151 8 14 15 35 _290 _,„..1,.. .._. _�.,, , .,,, _,._. TOTAL REGISTERED 1700 1947 1322 1532 2197 21851 1572 1194' 2026 2548 1769 2538 1908 2315 1698 2352 1586> 1601• 3261 37251 NOTED AT PRECINCT 450` 552 350 315 534 448 341 271I 384 604' 70 363 237 441' 301 404 307 423 542i 7337 V6TEDAB_SE NTEE 101 16 11 10 22� 17, 6 14 15# 27 6 27 8 22 15� 13 24 6 25€ TOT OTED AL V mm 460 568 361 325 556% 465 347 285 399 631 76 390 245s 463 316 417i 331, 429 567 7631 , 1 _, ... . TOTAL PERCENTAGE VOTED 0 27 0 29 0 27 0 21 0 25 0 21 0 22 t 0 24 0 20 0 25 0 04 0 15� 0 13 0 20 0 19 6 18` 0 21� 0 27 0 17 0 20 ..,_ .. ._..__. _..�_ ,._. _.w.. .._.,..,,.... ,,_ _,.., CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Police Department Resolution Declaring "Abandoned Property" Gary J. Therkelsen Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. Attachments Resolution Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- DECLARATION OF ABANDONED PROPERTY WHEREAS,City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners;and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the Eden Prairie City Council on November 15, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A Abandoned Property for Auction Category Case Number Description Bicycle(B) 2005004246 Roadmaster Mt Fury, Green, Mtn Bike, 15 speed Bicycle(B) 2005009555 Schwinn Sprint, Blue-w/MN State#9045667 Bicycle(B) 2005009557 Roadmaster Mtn Sport SX, Cranberry Bicycle(B) 2005011512 MGX Bicycle, Blue w/Blk,21 Speed, Dual Suspension Bicycle(B) 2005011822 Roadmaster Shimano Mt Sport SX, 18 Speed, Purple Bicycle(B) 2005017009 Next X-Factor Flatspin Trick Bicycle, Red Bicycle(B) 2005017769 Roadmaster Ultra Terrain Extreme Bicycle, Blue/Blk/Sil Bicycle(B) 2005019134 Schwinn World Sport Bicycle, Black,w/lock&stirrups from Penn Cycle Bicycle(B) 2005020389 Huffy Rock It Boys Bike, Blue&Red Bicycle(B) 2005022665 Next X-Factor Flatspin Trick Bicycle, Red w/Back Pegs Bicycle(B) 2005026709 Blue Schwinn Caliente 10 Speed,27"Bicycle, Mens Bicycle(B) 2005026808 Schwinn Predator BMX Trick Boys Bike, 20", Red in Color w/BIk/SiI Lettering Bicycle(B) 2005027378 Giant Cypress DX Bike, Silver&Gray Bicycle(B) 2005028521 Specialized Bombproof Silver Boys Trick Bike,20", BMX Bicycle(B) 2005028710 Black Haro Bikes Backtrail Boys Bike,20", Blue/Silver/Red Lettering Bicycle(B) 2005028711 Silver Next Focus BMX Boys Bike,Aluminum Series Bicycle(B) 2005029462 Next, Red, Mens 18 speed MTN Bike Bicycle(B) 2005029462 Raleigh Record CX, Red,w/Sil/Blk trim,Womens MTN Bike Bicycle(B) 2005030837 Ross Professional Mens Bicycle, Black Bicycle(B) 2006031450 Roadmaster, Green w/Sil/Blk/Yel-MTN Bike Bicycle(B) 2005032805 Robin Hood Bicycle, Black,w/White Trim,w/Bike Lock-Made in England #of Items 21 Clothing(D) 2004007938 (2) Bikinis Clothing (D) 2005006226 Black Nylon Bag w/Jean Jacket,Jeans&Shirt Shirt(D) 2005008048 (4) Shirts-Items#1&2 Shirt(D) 2005008048 (2)Shirts in Blue Shipping Bag-Item#3 Shirt(D) 2005008048 (1) Shirt on Hanger- Item#4 Shoes (D) 2005008048 (1) Pair of Black Shoes-Item#5 #of Items 6 Table 2005023983 Table-Glass top w/metal legs&wooden shelf Stroller 2005028598 Evenflo Stroller, Black/Blue in Color #of Items 2 Watch (J) 2003042035 #15-American Outdoor Watch-Blk/Bro Watch (J) 2003046514 Elgin Brand Blue Faced Watch w/silver band&gold accents Watch(J) 2003046514 Armitron Brand Blue Faced Watch w/Silver Band Watch (J) 2005013005 Accutime Quartz Watch w/Blk Band #of Items 4 Telephone(0) 2003042035 17-GE Cordless Phone #of Items 1 Report Date: 11/9/2005 t Exhibit A Abandoned Property for Auction Category Case Number Description CD Player(R) 2003022024 Sony D-EJ616CK Portable CD Player&Sony Headphones(Red/Sil)- Walkman CD Player(R) 2003022024 RCA RP-2400 Portable CD Player&Sentry Headphones Video Game(R) 2003034111 Video Game-ESPN Football Adaptor 2005013005 Irock Power Adaptor w/Cord MP3 Player(R) 2005013005 Philips MP3/CD Stereo Power Box 2005022125 Mobile Power Box 300W CD Player(R) 2005023952 JVC CD Car Stereo #of Items 7 Baseball Bat (S) 2004003191 Softball Bat-Aluminum, Red Baseball Bat (S) 2004046734 Baseball Bat, Black Duffle Bag (S) 2005008048 Blue Bag-Item#6 Soccer Ball 2005012941 Soccer Ball- Hot Pink&Black in Color Rugby Ball 2005029419 Rugby Ball-Classic Wallaby Size 5,YEUGRN/WHI Vests 2005034174 (2) ONeill Waterski Vests/Life Jackets #of Items 6 Currency-Cash/Coin 2002032137 Item#9-(29) Gold Collector Coins (T) Currency-Cash/Coin 2002032137 Item#11 -(8)Vietnamese Bills (T) #of Items 2 Mower-Push/Self-Prop 2005016772 Lesco Mower/Aerator, Gm/Whi, Model 133232 N #of Items 7 Duffle Bag (S) 2005006537 Canvas Bag w/(2) Pair of Shoes Car Kit 2005012941 Car Emergency Kit-Jumper Cables,Tow Strap, etc&Case #of Items 2 52 Report Date: 11/9/2005 2 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 15, 2005 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 146184- 146515 Wire Transfers 2354 City of Eden Prairie Council Check Summary 11/15/2005 Division Amount General 4,709 100 City Manager 209 101 Legislative 45 102 Legal Counsel 17,366 104 Contingency 3,075 110 City Clerk 704 III Customer Service 24,261 112 Human Resources 1,948 113 Communication Services 3,420 114 Benefits&Training 10,901 115 Risk Management 63,813 116 Facilities 12,576 117 City Center 282 130 Assessing 134 131 Finance 5,368 132 Social Services 5,245 133 Planning 348 134 Heritage Preservation 2,172 135 Information Technology 4,153 136 Wireless Communication 5,851 138 Community Development Admin. 246 150 Park Administration 984 151 Park Maintenance 18,303 153 Organized Athletics 3,560 154 Community Center 2,360 156 Youth Programs 10,328 157 Special Events 1,708 158 Adult Recreation 2,779 159 Recreation Administration 2,005 160 Therapeutic Recreation 33 162 Arts 176 163 Outdoor Center 1,260 180 Police 7,840 183 Emergency Preparedness 507 184 Fire 8,449 185 Animal Control 1,530 186 Inspections 120 200 Engineering 293 201 Street Maintenance 6,102 202 Street Lighting 53,622 203 Fleet Services 23,111 301 CDBG 10,291 303 Cemetary Operation 8 309 DWI Forfeiture 10,523 312 Recycle Rebate 9,846 502 Park Development 230 503 Utility Improvement 71,485 507 Construction Fund 4,505 509 CIP Fund 28,440 511 Construction Fund 3,771 512 CIP Trails 2,082 515 Fire Station 44 902 516 ADC PROJECT 516,655 517 212/Charlson Intersection 380,379 601 Prairie Village Liquor 39,827 602 Den Road Liquor 59,978 603 Prairie View Liquor 55,901 701 Water Fund 101,742 702 Sewer Fund 222,507 703 Stone Drainage Fund 12,304 803 Escrow Fund 564 807 Benefits Fund 22,345 Report Totals 1,866,181 City of Eden Prairie Council Check Register 11/15/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2354 18,736 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 146184 480 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Fire 146185 206 BRINK,PATRICK Mileage&Parking Communication Services 146186 250 BURKHALTER,AMY J Other Contracted Services Fire 146187 51 CAMUEL,JACKIE AR Utility Water Enterprise Fund 146188 59 CARLSON,KAREN Clothing&Uniforms Fire 146189 540 COSTCO Operating Supplies Fire 146190 111 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 146191 216 CULLIGAN BOTTLED WATER Operating Supplies Fire 146192 46 D'AMICO AND SONS Operating Supplies Fire 146193 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services 146194 450 FEDEX KINKO'S OFFICE AND PRINT Printing Emergency Preparedness 146195 156 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow 146196 12 GOLDEN VALLEY HEATING&AIR Cash Over/Short General Fund 146197 197 GOODRICH,JANET Insurance Risk Management 146198 574 GREEN MILL Special Event Fees Red Hat 146199 3 JIM'S MECHANICAL REPAIR Cash Over/Short General Fund 146200 38 KEATING,MARY Conference Expense Reserve 146201 87 KRESS,CARLA Mileage&Parking Senior Center Administration 146202 776 LAMBERT,BOB Conference Expense Parks Administration 146203 62 LIMEBROOK,PHOEBE Program Fee Fall Skill Development 146204 330 MFSCB Employment Support Test Fire 146205 125 MINNESOTA DEPT OF PUBLIC SAFET Operating Supplies Fire 146206 36 NIVEN,SUSAN Program Fee Fall Skill Development 146207 180 QWEST Telephone Sewer LiRstation 146208 142 ROBINSON,TIFFANY Travel Expense Finance 146209 5 RODRIGUEZ,MELISSA Program Fee Outdoor Center 146210 32 RUMFORD,JOAN Program Fee Classes/Programs/Events 146211 29 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 146212 34 STEIN,MIKE Operating Supplies Fire 146213 143 TIME WARNER CABLE Operating Supplies Fire 146214 350 TOTAL ENTERTAINMENT Other Contracted Services Halloween Party 146215 15 UPS Postage Fire 146216 147 WALMART COMMUNITY Operating Supplies Communication Services 146217 220 WILDER,LOIS Other Contracted Services Classes/Programs/Events 146218 2,024 WORK CONNECTION,THE Other Contracted Services Park Maintenance 146219 35,198 XCEL ENERGY Electric Water Treatment Plant 146220 120 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 146221 1,056 BUCK,NATHAN Other Contracted Services Softball 146222 80 CAMPOS,LORI Instructor Service Outdoor Center 146223 85 GE CAPITAL Other Rentals General 146224 193 GIRARD'S BUSINESS SOLUTIONS IN Other Contracted Services Water Accounting 146225 1,104 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 146226 325 HENNEPIN COUNTY TREASURER Printing City Clerk 146227 863 LACROSSE UNLIMITED Instructor Service After School Programs 146228 221 MALONE,TOM Instructor Service Preschool Events 146229 406 METRO SALES INCORPORATED* Office Supplies General 146230 3,250 MOODY'S INVESTORS SERVICE Bond Issue Costs 212/Charlson Rd.Intersectio 146231 1,138 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Fall Skill Development 146232 344 PITNEY BOWES INC Other Rentals General 146233 111 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 146234 63 QWEST Telephone Sewer Liftstation 146235 55 SARIGIANOPOULOS,RENA Mileage&Parking Communication Services 146236 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 146238 509 ABC MINNEAPOLIS LLC Other Contracted Services DWI Forfeiture 146239 936 ANCHOR PRINTING COMPANY Printing Sunbonnet Days 146240 75 BEST BUY Awards Organizational Services 146241 38 BOSACKER,MIKE Tuition Reimbursement/School Police 146242 220 BROOKLYN PARK POLICE DEPARTMEN Tuition Reimbursement/School Police 146243 292 CARLSON,KAREN Clothing&Uniforms Police 146244 1,125 CLIMB THEATRE Instructor Service Drama Camp Check# Amount Vendor/Explanation Account Description Business Unit 146245 62 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 146246 66 ECOLAB INC Other Contracted Services Cummins Grill 146247 75 EDEN PRAIRIE CENTER Awards Organizational Services 146248 211 EF JOHNSON Equipment Parts Wireless Communication 146249 572 ELECTRONIC DESIGN Equipment Repair&Maint Water Treatment Plant 146250 652 FASTSIGNS Equipment Repair&Maint Fitness Center 146251 5,335 GLEN LAKE GOLF Instructor Service Summer Skill Development 146252 255 GREEN MILL Operating Supplies Police 146253 39,092 GREGERSON ROSOW JOHNSON&NILA Legal General 146254 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 146255 246 JEREMIAH,JANET Mileage&Parking Community Development Admin. 146256 23,347 LAKE ASSAULT CUSTOM BOATS LLC Machinery&Equipment Capital Impr./Maint.Fund 146257 10 LEAGUE OF MINNESOTA CITIES Conference Expense Park Maintenance 146258 276 LOFF,LINDA Travel Expense Reserves 146259 150 MEDINA ENTERTAINMENT CENTER Tuition Reimbursement/School Police 146260 38 MENARDS Repair&Maint.Supplies Water System Maintenance 146261 9,857 MOBILE RADIO ENGINEERING Machinery&Equipment Water System Maintenance 146262 158 MOTOROLA Equipment Repair&Maint Wireless Communication 146263 1,185 MOUND POLICE DEPARTMENT Tuition Reimbursement/School Police 146264 26 NILSSEN,BETH Operating Supplies Ice Arena 146265 55 QWEST Telephone Forest Hills Park 146266 134 SCHMIDT,COLIN Conference Expense Assessing 146267 75 TARGET Awards Organizational Services 146268 178 VERIZON WIRELESS Pager&Cell Phone Water Utility-General 146269 7,543 XCEL ENERGY Electric Public Works/Parks 146270 289 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 146271 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 146272 103 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 146273 5,305 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 146274 40 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 146275 98 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 146276 6,854 DAY DISTRIBUTING Beer Prairie Village Liquor Store 146277 2,046 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 146278 9,095 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 146279 299 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 146280 787 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 146281 9,578 GRIGGS COOPER&CO Transportation Den Road Liquor Store 146282 21,025 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 146283 797 M AMUNDSON Operating Supplies Den Road Liquor Store 146284 9,434 MARK VII Misc Taxable Prairie Village Liquor Store 146285 667 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 146286 308 MORAN USA,LLC Misc Taxable Den Road Liquor Store 146287 1,633 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 146288 5,034 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 146289 17,669 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 146290 2,906 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 146292 43,705 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 146293 6,177 THORPE DISTRIBUTING Beer Den Road Liquor Store 146294 318 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 146295 269 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 146296 2,525 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 146297 4,463 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 146298 122 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 146299 3,533 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 146300 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 146301 939 ANCHOR PAPER COMPANY Office Supplies General 146302 9 BERTELSON OFFICE PLUS Cleaning Supplies Water Utility.-General 146303 244 BRINK,PATRICK Mileage&Parking Communication Services 146304 233 CHOICE INC Other Contracted Services Prairie Village Liquor Store 146305 245 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 146306 81 ELWELL,JEFF Mileage&Parking Community Center Maintenance 146307 408 ENTERTAINMENT PUBLICATIONS INC Deposits Escrow 146308 120 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration 146309 101 FEDEX Postage Human Resources 146310 340 G&K SERVICES Clothing&Uniforms Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit 146311 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals General 146312 35 H P PIPEWORKS Cash Over/Short General Fund 146313 51 HEARTH&HOME TECHNOLOGIES Building Permits General Fund 146314 57 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 146315 106 HENNEPIN COUNTY TREASURER Operating Supplies Planning 146316 98 KEATING,MARY Mileage&Parking Planning 146317 118 KURT,KAREN Operating Supplies Human Resources 146318 94 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 146319 1,687 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 146320 199 MPWA Conference Expense Engineering 146321 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 146322 207 NORTHSTAR FIRE PROTECTION Water Meter Sales Water Enterprise Fund 146323 309 OFFICE DEPOT CREDIT PLAN Office Supplies Planning 146324 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 146325 489 PROP United Way Withheld General Fund 146326 219 QWEST Telephone Telephone 146327 133 REED BUSINESS INFORMATION Legal Notices Publishing Capital Impr./Maint.Fund 146328 3,610 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 146329 410 UNITED WAY United Way Withheld General Fund 146330 10 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 146331 750 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 146332 750 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 146333 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 146334 9,846 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate 146335 360 BCA-BTS Tuition Reimbursement/School Police 146336 147 BEST BUY Operating Supplies Fire 146337 120 BOLD,PAULINE Instructor Service Outdoor Center 146338 315 CAMPOS,LORI Instructor Service Outdoor Center 146339 26 CENTERPOINT ENEGY Gas Miller Park 146340 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 146341 1,194 DELL Computers Information Technology 146342 300 FAHEY,LARRY Other Contracted Services Outdoor Center 146343 336 GREATAMERICA LEASING CORP. Other Rentals General 146344 15 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 146345 68 PETSMART Canine Supplies Police 146346 28 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Services 146347 2,935 QWEST Telephone Prairie Village Liquor Store 146348 9,957 REAL FINANCIAL CENTER Miscellaneous DWI Forfeiture 146349 78 RON'S MECHANICAL INC Mechanical Permits General Fund 146350 11 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 146351 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 146352 45 TIME WARNER CABLE Dues&Subscriptions City Council 146353 952 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 146354 62,083 XCEL ENERGY Electric Street Lighting 146355 58 AAA LAMBERTS LANDSCAPE PRODUCT Landscape MateriaWSupp Street Maintenance 146356 308 ACTIVAR Repair&Maint.Supplies Water Treatment Plant 146357 379 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 146358 1,735 ANCHOR PRINTING COMPANY Office Supplies General 146359 1,121 APPLIANCE OUTLET CENTER Other Contracted Services Rehab 146360 900 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 146361 2,769 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 146362 2,116 ASPEN MILLS Clothing&Uniforms Police 146363 3,038 BACON&ASSOCIATES INC Other Contracted Services Reserve 146364 168 BARNES,BELINDA A. Other Contracted Services Volleyball 146365 6,321 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 146366 753 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 146367 662 BENIEK PROPERTY SERVICES INC. Other Contracted Services Park Maintenance 146368 4,850 BERGMAN PLUMBING INC Other Contracted Services Rehab 146369 65 BERRY COFFEE COMPANY Equipment Repair&Maint Senior Center Operations 146370 403 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 146371 1,197 BLOOMINGTON,CITY OF Kennel Services Animal Control 146372 285 BONESTROO ROSENE ANDERLIK&AS Other Contracted Services Storm Drainage 146373 1,514 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 146374 12,896 BRAUN INTERTEC CORPORATION Testing-Soil Boring ADC PROJECT 146375 660 BROWN,PAUL Other Contracted Services Touch Football Check# Amount Vendor/Explanation Account Desctiption Business Unit 146376 3,077 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 146377 2,585 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 146378 266 CHUCK'S EXCAVATING INC Other Contracted Services Park Maintenance 146379 606 CLAREYS INC Safety Supplies Sewer Utility-General 146380 2,458 COMPAR INC Other Hardware Information Technology 146381 1,290 CORPORATE EXPRESS Office Supplies General , 146382 53 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant 146383 8,162 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 146384 625 CWH RESEARCH INC. Employment Support Test Human Resources 146385 609 CY'S UNIFORMS Clothing&Uniforms Fire 146386 234 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant 146387 153 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 146388 339 DNR EMBROIDERY Operating Supplies Ice Arena 146389 10,935 DRT TRANSPORT Other Contracted Services Lime Sludge 146390 516 DYNA SYSTEMS Small Tools Water Treatment Plant 146391 125 EAGLE DRY GOODS Operating Supplies Ice Arena 146392 855 EARL F ANDERSEN INC Signs Traffic Signs 146393 66 ECOLAB INC Other Contracted Services Douglas More House 146394 30 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services 146395 417 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration 146396 3,175 EF JOHNSON Equipment Parts Wireless Communication 146397 10,437 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation 146398 2,567 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire P PP 146399 223 ENVIRONMENTAL RESOURCE ASSOCIA Operating Supplies Water System Maintenance 146400 272 ERGOMETRICS Employment Support Test Human Resources 146401 1,464 ESS BROTHERS&SONS Repair&Maint.Supplies Storm Drainage 146402 466 ETHANOL PRODUCTS LLC Chemicals Water Treatment Plant 146403 97 FERRELLGAS Equipment Repair&Maint Fleet Services 146404 3,558 FLEET MAINTENANCE INC Equipment Re air&Maint Fleet Services P 146405 386 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 146406 168 FORDAHL,TAMARA Other Contracted Services Volleyball 146407 306 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 146408 2,005 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 146409 155 GALLS INC Clothing&Uniforms Police 146410 548 GERTENS Landscape Materials/Supp Park Maintenance 146411 848 GRAINGER Equipment Parts Fleet Services 146412 845 GRAPHIC SOURCE INC Operating Supplies Sunbonnet Days 146413 176 GROTH MUSIC Operating Supplies Community Band 146414 94 GS DIRECT Operating Supplies Engineering 146415 230 GUNNAR ELECTRIC CO INC Improvements to Land Park Acquisition&Development 146416 7,815 HANSEN TH ORP PELLINEN OLSON Other Contracted Services Storm Drainage 146417 65 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 146418 1,106 HARRIS CORPORATION Equipment Repair&Maint Wireless Communication 146419 4,763 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 146420 441 HOLMES,TOM Other Contracted Services Volleyball 146421 39 HYDROLOGIC Equipment Repair&Maint Park Maintenance 146422 285 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 146423 2,890 IND SCHOOL DIST 272 Transportation Preschool Events 146424 309 INDUSTRIAL FLOOR MAINTENANCE I Equipment Repair&Maint Fleet Services 146425 253 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 146426 6 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 146427 160 INTERSTATE BATTERY SYSTEM OF M Equipment Parts Fleet Services 146428 113 ITL PATCH COMPANY INC Clothing&Uniforms Police 146429 427 J&R RADIATOR CORP Equipment Parts Fleet Services 146430 987 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 146431 2,197 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 146432 40,501 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT ' 146433 143 LAND EQUIPMENT INC Other Rentals Park Maintenance 146434 3,263 LASALLE CONSULTING Right of Way&Easement Capital Impr./Maint.Fund 146435 63,616 LEAGUE MN CITIES INS TRUST Insurance Risk Management 146436 143 L-YNN CARD COMPANY Operating Supplies Fire PP 146437 56 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 146438 67,968 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 146440 1,064 MENARDS Operating Supplies Park Maintenance 146441 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General Check# Amount Vendor/Explanation Account Description Business Unit 146442 2,742 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 146443 2,760 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 146444 43 MICRONICS Equipment Parts Water Treatment Plant 146445 2,622 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails 146446 2,715 MINGER CONSTRUCTION INC Other Contracted Services Storm Drainage 146447 1,750 MINNESOTA CONSTRUCTION Building Repair&Maint. Heritage Preservation 146448 913 MINNESOTA CONWAY Operating Supplies Fire 146449 1,811 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 146450 9,619 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 146451 4,320 MINNESOTA WINDOW&SIDING CO Other Contracted Services Rehab 146452 195 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 146453 266 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 146454 164 MIT DISTRIBUTING INC Equipment Parts Fleet Services 146455 414 MURRAY,JOHN Other Contracted Services Basketball 146456 273 NATIONAL WATERWORKS Repair&Maint.Supplies Storm Drainage 146457 99 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 146458 133 NORTHERN TOOL Small Tools Storm Drainage 146459 5,226 NORTHSHORE ADVISORS LLC Audit&Financial Finance 146460 484 OLSEN COMPANIES Equipment Parts Sewer System Maintenance 146461 68 OSI BATTERIES INC Operating Supplies Traffic Signs 146462 467,762 PARK CONSTRUCTION Improvement Contracts ADC PROJECT 146463 200 PARTEK SUPPLY INC Operating Supplies Street Maintenance 146464 300 PAUTZ,ROGER Instructor Service Fall Skill Development 146465 441 PC MALL Other Hardware Information Technology 146466 332 PEPSI COLA COMPANY Merchandise for Resale Concessions 146467 2,005 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure 146468 345 PICKLE,BRAD Operating Supplies Girls on the Run 146469 127 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Services 146470 8,778 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 146471 216 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 146472 219 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 146473 59 PRECISION SMALL ENGINE REPAIR Equipment Repair&Maint Fleet Services 146474 400 RAY,LEE Other Contracted Services Basketball 146475 570 REBS MARKETING Other Contracted Services Water Accounting 146476 2,027 RMR SERVICES LLC Other Contracted Services Water Meter Reading 146477 300 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 146478 309 SA-AG INC Operating Supplies Street Maintenance 146479 77 SCIENCE KIT INC Operating Supplies Environmental Education 146480 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 146481 2,780 SHANNON CHEMICAL CORPORATION Chemicals Water Treatment Plant 146482 414 SHERWIN WILLIAMS Repair&Maint.Supplies Park Maintenance 146483 377,129 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio 146484 106 SNAP-ON TOOLS Small Tools Fleet Services 146485 398 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 146486 225 SPS COMPANIES Office Supplies Water Treatment Plant 146487 606 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 146488 1,003 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 146489 1,532 STREICHERS Clothing&Uniforms Police 146490 703 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 146491 845 SULLIVANS UTILITY SERVICES INC Other Contracted Services Sewer System Maintenance 146492 3,518 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 146493 829 SUN NEWSPAPERS Employment Advertising Human Resources 146494 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 146495 42 TABER INC CATERING Other Contracted Services Communication Services 146496 122 TECHTEAM SOLUTIONS Equipment Repair&Maint Police 146497 208 TIMM,KEVIN Other Contracted Services Softball 146498 224 TKDA Other Contracted Services Water System Maintenance 146499 62 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 146500 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Purgatory Creek Rec Area 146501 164 TWIN CITY OXYGEN CO Fire Prevention Supplies Fire 146502 387 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 146503 206 UNIFORMS UNLIMITED Clothing&Uniforms Fire 146504 817 UNITED RENTALS HIGHWAY TECHNOL Equipment Repair&Maint Traffic Signals 146505 45 UTING,NICOLE Other Contracted Services Adult Open Gym 146506 2,962 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 146507 201 VIKING TROPHIES Operating Supplies Girls on the Run 146508 815 VOSS LIGHTING Supplies-Electrical Ice Arena Maintenance 146509 318 WARWICK INDUSTRIAL INC Equipment Repair&Maint Water Treatment Plant 146510 3,031 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 146511 271 WM MUELLER AND SONS INC Sand Snow&Ice Control 146512 3,947 WORK CONNECTION,THE Other Contracted Services Park Maintenance 146513 112 WORM,SANDY Landscape MateriaWSupp Park Maintenance 146514 461 X-ERGON Repair&Maint.Supplies Water Treatment Plant 146515 7,275 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 1,866,181 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Parks and Recreation Appoint new Chair and Vice Chair for the Arts and Culture Commission Requested Action Move to: Appoint Steve Mosow as Chair and Heather Olson as Vice Chair of the Arts&Culture Commission. Synopsis Susan Dickman, the appointed chair for the Arts and Culture Commission resigned in September because of her personal and work schedule. Steve Mosow,the vice chair, has assumed the role of chairperson. Heather Olson, appointed to the Commission in April of 2004,will accept the position of Vice Chair. CITY COUNCIL AGENDA DATE: SECTION: Reports of Officers November 15,2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott Neal, City Manager Flying Cloud Airport Advisory Commission Requested Action Move to direct staff to prepare an ordinance to reestablish the Flying Cloud Airport Advisory Commission. Synopsis At the Council's November 1 workshop,the Council expressed a desire to move forward with reestablishment of the Flying Cloud Airport Advisory Commission. Adoption of this motion will direct City staff to prepare the necessary ordinance to reestablish the commission. If this motion is approved, the ordinance will be presented to the City Council for first reading on December 5. The second reading would be scheduled for December 20. If the ordinance is adopted pursuant to this schedule, staff will initiate a recruitment process for the commission to coincide with the City's annual board and commission recruitment process which is scheduled to start in January. CITY COUNCIL AGENDA DATE: SECTION: Reports of Directors November 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Purchase Agreement- 7900 Mitchell Road(old Janet Jeremiah/David Lindahl police headquarters site) Requested Action: Move to: ■ Authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 2.3 acre site owned by the City and legally described as Lot 1,Block 1, Wingate Hotel Addition, Hennepin County,Minnesota. Synopsis: Dove Capital has submitted an offer to purchase the old police headquarters site located on the southwest corner of Mitchell Road and TH312/5 for a commercial mixed-use development. Dove Capital has agreed to pay the City's asking price of$13.50/square foot of the gross land area(2.3 acres), or a total of $1,400,000. The sale is expected to close April 14, 2006, or 150 days following the execution of the purchase agreement(inspection period), provided they receive all the necessary City approvals. They have the option of extending the inspection period for an additional 45 days by depositing and another$50,000, which along with initial$50,000 down-payment then becomes non-refundable. Background: Dove is a real estate investment entity located in Minneapolis and consists of three individuals: Shawn Kostrzewa,principal with Platinum Financial,Ray Johnson,Johnson Brothers Construction, and Ned Abdul of Swervo Development Corporation. They have represented that the principal financing of the proposed development will be provided by Minnwest Bank in Eagan. The proposed development concept includes three buildings - a bank, drug store and multi-tenant retail building spread across both the City's 2.3 acre property and the abutting 2.8 acre parcel to the south. The development is expected to have a high level of finish with architectural continuity and similar exterior building materials with all three buildings. Attachment: Purchase Agreement PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement") is dated as of November 1, 2005 between City of Eden Prairie, a Minnesota municipal corporation (referred to as "Seller") and Dove Capital III,LLC, a Minnesota limited liability company(referred to as"Buyer"). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 2.3 acres, as legally described as Lot 1, Block 1, Wingate Hotel Addition, Hennepin County, Minnesota, together with all buildings and improvements constructed or located on the Land in Eden Prairie, Minnesota and all easements and rights benefiting or appurtenant to the Land(collectively,the"Real Property"). Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this Agreement. Seller desires to sell the Real Property to Buyer, pursuant to the terms of this Agreement. For purposes of this Agreement the effective date is the later date both Seller and Buyer shall have executed this Agreement ("Effective Date") as shown by the dates next to their signature blocks. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Sale of Real Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Real Property subject to Buyer providing at Closing a Conservation/Scenic Easement to the City of Eden Prairie as described in Section 8.4 hereof. 2. Purchase Price. The purchase price to be paid by Buyer to Seller is One Million Four Hundred Thousand Dollars ($1,400,000.00). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. Fifty Thousand and no/100 Dollars ($50,000.00) as earnest money ("Initial Earnest Money") which Initial Earnest Money shall be held by Commercial Partners Title, LLC ("Escrow Agent") in an interest bearing escrow account, pursuant to the Escrow Agreement attached hereto as Exhibit A provided, however, that the fee for any such account shall be paid by Buyer. 3.2 Closing Payment. One Million Three Hundred Fifty Thousand Dollars and no/100 ($1,350,000.00) unless the "Additional Earnest Money". has been paid pursuant to Section 4.7 and then the Closing Payment will be One Million Three Hundred Twenty-Five Thousand Dollars and no/100 ($1,325,000.00), in cash or by wire transfer of U.S. Federal Funds to be received by Seller on or before 10:00 a.m. local time on the Closing Date. 4. A. Contingencies. Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: 4.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date (the"Bring-down Certificate"). 4.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 4.3 Title. Title shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below. 4.4 Phase I. No later than January 16, 2005 Buyer shall have determined that it is satisfied with a Phase I Environmental Report (prepared in accordance with the current ASTM standard for Phase I environmental site assessments) to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer (the "Phase I"). Buyer shall cause the Phase I to be prepared no later than January 16, 2005 at Buyer's cost and expense and shall deliver a copy to Seller within three(3) days of receipt by Buyer. Seller shall furnish to Buyer within five (5) days of the Effective Date a copy of the March 15, 2000 Phase I Environmental Site Assessment prepared by LJM Group. 4.5 Testing. No later than January 16, 2005 Buyer shall have determined that it is satisfied with the results of and matters disclosed by the Phase I and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Real Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. ' 4.6 No Adverse Action. There shall not exist on the Closing Date any lawsuit, governmental investigation or other proceeding challenging the transaction contemplated in this Purchase Agreement, or which might adversely affect the right of Buyer to-own, develop, or use the Real Property after the Closing Date for Buyer's intended use. 2 4.7 Governmental Approval. No later than April 14, 2006 ("Inspection Period"), Buyer shall have obtained approval from the City of Eden Prairie City Council of a Resolution for Planned Unit Development Concept Review, I" Reading of an Ordinance for Planned Unit Development District Review and Zoning District Change, Site Plan Review and Preliminary Plat approval (hereinafter referred to as "Governmental Approvals")pertaining to the Real Property. Seller, as the Owner of the Real Property and not as a governmental entity, shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals. Seller shall further execute such rezoning applications, plans, environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. In the event that all approvals specified in this Section 4.7 are not completed within the Inspection Period, then the Inspection Period shall be extended, at the Buyer's option, until May 29, 2006 (the "Extension Period") provided Buyer gives Seller written notice of its intention to extend the Inspection Period and deposits an additional Fifty Thousand and no/100 dollars ($50,000.00) in the escrow account of the Escrow Agent prior to the expiration of the Inspection Period, which amount shall be credited against the purchase price (the "Additional Earnest Money"). Upon Buyer's payment of the Additional Earnest Money, the Initial Earnest Money and the Additional Earnest Money shall become non-refundable to Buyer. The Initial Earnest Money and Additional Earnest Money shall also be referred to in this Agreement collectively as "Earnest Money"). Buyer must make application with the City of Eden Prairie for the Governmental Approvals within forty-five(45) days of the Effective Date. 4.B. Termination by Buyer. Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: If any of the foregoing contingencies set forth in Section 4. A. of this Agreement have not been satisfied on or before the stated date then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination shall be given no later than three (3) business days after the stated date for the relevant contingency item. If Buyer fails to give notice of termination as provided above, the contingencies are automatically deemed waived. Buyer may also waive any contingency by written notice to Seller but such written notice is not required for a waiver to be effective. Upon a termination by Buyer (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, unless the Initial Earnest Money and Additional Earnest Money have become non-refundable pursuant to Section 4.7, (c) Buyer's rights in and to the Phase I and the Survey shall be automatically assigned to Seller and Buyer shall executed such assignment documents as may be necessary to confirm said assignment, and (d) upon fulfillment of (a), (b) and (c) above neither party will have any further rights or obligations regarding this Agreement or the Real Property except for the rights and obligations of indemnification set forth in Sections 5 and 17. 3 I 4. C. Termination by Seller. If Buyer defaults in any obligation set forth in 4. A. above, including but not limited to obtaining a Phase I and making application for the Governmental Approvals with the City of Eden Prairie within the required time, this Agreement may be terminated, at Seller's option, by written notice from Seller to Buyer, at any time prior to the Closing Date. Upon a termination by Seller (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be released to and retained by Seller; (c)Buyer's rights in and to the Phase I and the Survey shall be automatically assigned to Seller and Buyer shall executed such assignment documents as may be necessary to confirm said assignment, and (d) upon fulfillment of(a), (b) and (c), neither party will have any further rights or obligations regarding this Agreement or the Real Property except for the rights and obligations of indemnification set forth in Sections 5 and 17. 5. Buyer's Access Investigation and Security. 5.1 Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 5.2 Buyer Security. In the event Buyer is conducting any tests or inspections on the Real Property as permitted in this Agreement ("Tests"), prior to being allowed access to the Real Property Buyer shall either (i) provide the Seller duly and validly executed mechanics lien waivers by which any provider agrees to waive its rights to claim a mechanics lien against the Real Property as the result of any Tests, or (ii) Buyer shall obtain one written estimate for said services reasonable acceptable to Seller and shall tender to the Seller security equal to the total of the estimates of the contractors selected by Buyer to perform said services. Such security shall be in the form of cash or a Letter of Credit from a financial institution acceptable to Seller(the "Security")and shall be held in escrow by Seller and shall be released by Seller upon tender of lien waivers for all work performed on the Real Property. In the event liens or other claims are filed against the Real Property, Seller may use the Security to satisfy such liens or claims. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on that date which is ten (10) business days after the earlier of the satisfaction of the last of the contingencies set forth in Section 4. A. of this Agreement or the date when Buyer shall give notice to Seller that the contingencies which are to have been 4 satisfied on the Contingency Date have been waived or satisfied (the "Closing Date") but in no event shall the Closing Date be later than June 30, 2006. The Closing shall take place at 10:00 a.m. local time at the offices of the Title Company, or at such other place as may be agreed to. Seller agrees to deliver possession of the Real Property to Buyer on the Closing Date. 7. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): 7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances. 7.2 Title Policy. The Policy described in Section 10 of this Agreement, or a suitably marked up Title Commitment for the Policy initialed by Title Company, in the form required by this Agreement. 7.3 Bring-down Certificate. A certificate reaffirming as of the Closing Date all of the Seller's Representations and Warranties contained in paragraph 12 of this Agreement. 7.4 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; (b)there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and (c) there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title Company to issue the Policy described in Section 10 of this Agreement. 7.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2)and its regulations. 7.6 IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any, as required. 7.7 Executive Order Affidavit. An affidavit properly executed and in recordable form satisfying Buyer and Title Company that the Seller is not a blocked person under Executive Order 13224. 7.8 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Real Property to Buyer free and clear of all encumbrances, except the Permitted Encumbrances. 8. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or 5 deliver to Seller the following(collectively, "Buyer's Closing Documents"): 8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or by certified check to be received in Title Company's trust account or delivered to Seller on or before 10:00 a.m. local time on the Closing Date. 8.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title Company in order to record the Seller's Closing Documents and issue the Policy. 8.3 Executive Order Affidavit. An affidavit properly executed and in recordable form confirming the Buyer's representations in Section 13.2. 8.4 Conservation/Scenic Easement. A Conservation/Scenic Easement over the Real Property in form and substance as attached as Exhibit C hereto. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title Company for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the Owner's Title Policy and all additional premiums required for the issuance of any Mortgagee's Title Insurance Policy required by Buyer. Seller and Buyer will each pay one- half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title Company. 9.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 9.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be adjusted as follows: 9.3.1 Current Year's Taxes. The Real Property is currently tax exempt because of public ownership. Any Real Property taxes due and payable because of this transaction and all Real Property taxes due and payable after Closing occurs shall be paid by the Buyer. 9.3.2 Assessments. All charges for improvements or services already made to or which benefit the Real Property, and all levied and pending assessments (general or special) arising out of or in connection with any assessment district created or confirmed prior to the Closing Date ("Assessments") shall be paid in full by Seller at Closing, except assessments covered by that certain Agreement 6 Regarding Special Assessments dated July 27, 2004 by and between Eden Prairie Hotel Group, LLC and the City of Eden Prairie regarding Turn Lane improvements on Mitchell Road. 9.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. 9.5 Other Costs. All other operating costs of the Real Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. 9.6 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys fees and costs incurred by the non-defaulting party to enforce its rights regarding such default. 10. Title Examination. Title examination will be conducted as follows: 10.1 Seller's Title Evidence. Seller shall, no later than December 5, 2005 furnish to Buyer, at Seller's cost and expense, the following: A commitment ("Title Commitment") for the most current ALTA Form B Owner's Policy of Title Insurance insuring title to the Real Property in the amount of the Purchase Price, issued by Commercial Partners Title, LLC ("Title Company"). The Title Commitment will commit Title Company to insure title to the Real Property subject only to the Permitted Encumbrances. 10.2 Survey. No later than January 16, 2006 Buyer may obtain at its own expense a survey of the Real Property (the "Survey") prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota. Buyer shall provide a copy of the Survey to Seller within three (3) days after receipt by Buyer. 10.3 Buyer's Objections. Within ten(10)business days after receiving the later of the Title Commitment and the Survey, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Commitment and the Survey if Buyer has obtained one within the time set forth in 10.2. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Commitment and/or Survey and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller will have sixty (60) days after receipt of the Objections to cure the Objections, 7 during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such sixty (60) day period, Buyer will have the option to do any of the following: 10.3.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 10.3.2 Escrow for Cure. Withhold from the Purchase Price an amount which, in the reasonable judgment of Title Company, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title Company, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys' fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title Company, and Seller agrees to pay the charges of Title Company to create and administer the escrow. 10.3.3 Waiver. Waive the Objections and proceed to close. 11. Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the `Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire,windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion. 12. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 12.1 Authori1y. Seller has the requisite municipal power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed b it. Such documents have been r will have been duly executed � Y ( ) Y and delivered. Such execution, delivery and performance by Seller of such documents do not (and will not) conflict with or result, as applicable, in a violation of any judgment, order, or decree of any court or arbiter to which 8 Seller is a parry. Such documents are (and will be) valid and binding obligations of Seller, and are enforceable in accordance with their terms. 12.2 Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumbrances identified on Exhibit B attached hereto(the"Permitted Encumbrances"). 12.3 Environmental Laws. Except as disclosed in writing to Buyer by Seller, to the best of Seller's knowledge no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Real Property nor has any activity been undertaken on the Real Property that would cause or contribute to (a) the Real Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Real Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state law or local ordinance, (b) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Real Property within the meaning of, or otherwise bring the Real Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (c) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq., or the Clean Air Act, 42 U.S.C. Section 7401 et seq., or any similar state law or local ordinance. Except as disclosed in writing to Buyer by Seller, to the best of Seller's knowledge there are no substances or conditions in or on the Real Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. I I5B ("MERLA") and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. 115C. To the best of Seller's knowledge no above ground or underground tanks are located in or about the Real Property or have been located under, in or about the Real Property and have subsequently been removed or filled. 12.4 Rights of Others to Purchase Real Property. Seller has not entered into any other contracts for the sale of the Real Property, nor are there any rights of first refusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. 12.5 Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Real Property. 12.6 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign 9 trust" or"foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 12.7 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Real Property. 12.8 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Real Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Real Property, including leases which will survive and remain unpaid after the Date of Closing. 12.9 Real Property Taxes. The Real Property is not currently subject to Real Property taxes as a result of its ownership by the Seller and no Real Property taxes shall be due and payable for any period of time while the Real Property is in the ownership of Seller. 12.10 Encumbrances. The Real Property will as of the Closing Date be free and clear of all liens, security interests, encumbrances, leases or other restrictions to title other than the Permitted Exceptions. 12.11 Mechanics Liens. Any labor or material which has been furnished to the Real Property during the one hundred twenty (120) days prior to the Closing Date shall have been fully paid for or will be fully paid for prior to the Closing Date so that no lien for labor or materials rendered can be asserted against the Premises. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Each of the representations and warranties herein contained shall survive the Closing for a period of one year. Wherever herein a representation is made to the "knowledge" of Seller, such representation is limited to the knowledge of David Lindahl. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will constitute a waiver or release by Buyer of any claims due to such breach. 13. Representations and Warranties by Buyer. Buyer represents and warrants to Seller as follows: 13.1 Authori1y. Buyer is a limited liability company duly organized under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite corporate 10 power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of state law or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. 13.2 Anti-Terrorism, Executive Order 13224 and Public Law 107-56. The Buyer is not in violation of any laws relating to terrorism or money laundering ("Anti-Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order"), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001,Public Law 107-56. The Buyer or, to the knowledge of the Buyer, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: 13.2.1 Person or entity that is listed in the annex to, or is otherwise subject to the provisions of,the Executive Order; 13.2.2 Person or entity owned or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; 13.2.3 Person or entity with which Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; 13.2.4 Person or entity that commits, threatens or conspires to commit or supports"terrorism"as defined in the Executive Order; or 13.2.5 Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list. The Buyer or, to the knowledge of Buyer, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked'pursuant to the Executive Order, or (iii) 11 engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing for a period of one year. Consummation of this Agreement by Seller with knowledge of any breach of such warranties and representations by Buyer will constitute a waiver or release by Seller of any claims due to such breach. 14. Seller's Design Requirements. All exterior design of structures and buildings on the Real Property shall be subject to the prior written approval of the Seller (as a party to this Agreement and not as the municipality) both before and after the Date of Closing. Compliance by Buyer with the City Code alone shall not be deemed to be in compliance with the terms of this Paragraph 14. Specifically, architectural exterior design of all buildings, building materials and colors, sidewalk placement, fences, walls or other structures, signage, lighting, bollards and landscaping shall be subject to review and approval by the Seller (the "Design Review"). In addition Seller shall have the right to approve any future exterior addition, change or alteration which may be made to the approved Design Plan with regard to light fixtures, benches, bollards, planters, sidewalks or signs. Buyer shall develop the Real Property in accordance with the approved Design Review. The requirements of this Section shall survive and be enforceable after Closing and shall specifically not be subject to the one year limitation on enforceability set forth in Section 19. 15. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Real Property by any entity, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days. after the date of Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement, except for the rights and obligations of indemnification set forth in Sections 5 and 17, and the Earnest Money,together with any accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, if the Agreement has not been terminated pursuant to the first sentence of this Section, Seller shall not designate counsel, appear in, or otherwise act with respect to such condemnation proceedings without Buyer's prior written consent. 16. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other 12 party, including reasonable attorney's fees. 17. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorney's fees in defending against claims) arising out of the ownership, operation or maintenance of the Real Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorney's fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable,the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 18. Assignment. Buyer may not assign its rights under this Agreement, without the prior written consent of the Seller which consent may be withheld in Seller's sole discretion, provided Buyer may assign this Agreement, without Seller's consent, to a wholly owned subsidiary incorporated or organized, and qualified to conduct business in Minnesota, to a lender to facilitate financing of the acquisition of the Real Property, or to a corporation, partnership or limited liability company qualified to conduct business in Minnesota if the majority of the shareholders,partners or members of said entity are members of the Buyer. Notwithstanding the foregoing, Buyer shall have the right, without Seller's consent to assign its rights in this Agreement to an entity which is the parent entity, subsidiary or affiliated entity of Buyer or which controls, is controlled by or is under common control with Buyer(where "control" means the direct or indirect power to direct the management and policies of such entity), and to any entity which results from the reconstruction, consolidation, amalgamation or merger of or affiliations with Buyer. 19. Survival. Except as stated in Section 14, all of the terms of this Agreement will survive and be enforceable for a period of one year after the Closing. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eden Prairie City Offices Attention: David Lindahl 8080 Mitchell Road Eden Prairie,MN 55344-2230 Facsimile: 612-949-8392 13 With a copy to: Richard F.Rosow Gregerson, Rosow, Johnson&Nilan,Ltd. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 Facsimile: 612-349-6718 If to Buyer: Dove Capital III,LLC Attn: Shawn Kostrzewa 333 Washington Avenue North Suite 206 Minneapolis, MN 55401 Facsimile : 612-677-3824 With a copy to: Ronald B. Peterson Halleland Lewis Nilan and Johnson, P.A. 600 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 Facsimile: 612-338-7858 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Real Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 23. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 24. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14 25. Remedies. (The remedies and procedures set forth in this Section including notice and opportunity to cure do not apply to defaults under Section 4.C.) If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Buyer's rights in and to the Phase I and the Survey shall be automatically assigned to Seller and Buyer shall executed such assignment documents as may be necessary to confirm said assignment and Seller may obtain and retain the Earnest Money and any interest earned thereon as liquidated damages, time being of the essence of this Agreement. Except as stated in the following sentence the termination of this Agreement, the assignment of the Buyer's rights in and to the Phase I and the Survey and retention of the Earnest Money and interest, if any, will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. Seller and Buyer acknowledge and agree that any liability of Buyer to Seller under the indemnity provided under Sections 5 and 17 hereof will not be limited by the liquidated damages provision set forth above and Seller may maintain an action to recover any sums due under said indemnification provisions. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller specific performance of this Agreement. Buyer shall have no right to seek damages from Seller for Seller's defaults hereunder, including but not limited to damages for Buyer's loss of its bargain in failing to acquire the Real Property. Upon an uncured default, Buyer, in lieu of seeking specific performance, may terminate this Agreement, at which time all Earnest Money and interest thereon, if any, shall be immediately returned to Buyer. (Balance ofpage intentionally left blank) 15 IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF EDEN PRAIRIE BY Date Signed: Nancy Tyra-Lukens Its Mayor BY Date Signed: Scott Neal Its City Manager BUYER: DOVE CAPITAL III,LLC BY Date Signed: Shawn Kostrzewa Its Chief Manager EP\.Dove Capital III,LLC Purchase\Purchase Agreementl 1-08-05 16 EXHIBIT A - Escrow Agreement EXHIBIT B - Permitted Encumbrances (Section 12.2) EXHIBIT C - Conservation/Scenic Easement 17 EXHIBIT A ESCROW AGREEMENT The undersigned Commercial Partners Title, LLC ("Title Company"), acknowledges receipt of $ (the "Earnest Money") to be held by it pursuant to the Purchase Agreement to which this Escrow Agreement is attached. Title Company will hold the Earnest Money (hereinafter the "Earnest Money") in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Title Company will invest the Earnest Money in such interest-bearing accounts, instruments, corporate paper, or money market funds as approved by both Buyer and Seller, Interest will accrue for the benefit of Buyer, unless the Purchase Agreement is terminated by reason of the default of Buyer, in which case the interes t will be aid to Seller. Prior to the Contingency Date Buyer may direct the Title P g y y y to Company to return the Earnest Money to it if Buyer elects to terminate the Purchase Agreement. Title Company is not responsible for any decision concerning performance or effectiveness of the Purchase Agreement or for resolution of any disputes concerning the Purchase Agreement. Title Company is responsible only to act in accordance with the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction except as to Buyer's right to direct the return of the Earnest Money prior to the Contingency Date. Seller and Buyer will hold Title Company harmless from all claims for damages arising out of this Escrow Agreement and do hereby agree to indemnify Title Company for all costs and expenses in connection with this escrow, including court costs and attorneys' fees, except for Title Company's failure to account for the funds held hereunder, or acting in conflict with the terms hereof. The fees and charges of the Title Company will be paid by Seller. This Escrow Agreement is dated this_day of 52005. COMMERCIAL PARTNERS TITLE,LLC By Its 18 EXHIBIT B PERMITTED ENCUMBRANCES 1. Easements shown on the plat of Wingate Hotel Addition. 2. Federal, state and municipal laws, ordinances, rules and regulations. 3. Cross Access,Parking and Sewer Easement dated July 27, 2000 and recorded as Doc. No. 7332026 with the Hennepin County Recorder. 4. Temporary Construction Easement dated July 27,2000 between Eden Prairie Hotel Group,LLC, an Illinois limited liability company and the City of Eden Prairie. 5. Conservation/Scenic Easement dated July 18, 2000, filed August 2, 2000 as Document Number 7332024 between Eden Prairie Hotel Group, LLC, an Illinois limited liability company and the City of Eden Prairie. 6. Agreement Regarding Special Assessments made July 27, 2000 between Eden Prairie Hotel Group, LLC, an Illinois limited liability company and the City of Eden Prairie. 19 EXHIBIT C CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of 2006, by and between Dove Capital III, LLC, a Minnesota limited liability company,hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: NONE WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B,hereinafter referred to as the "Easement Area, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages; B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 11513.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That to the best of Grantor's knowledge, Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; and 20 D. That to the best of Grantor's knowledge, no previous owner, operator or possessor of the Easement Area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances. E. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 11513.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That to the best of Grantor's knowledge, Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; and D. That to the best of Grantor's knowledge, no previous owner, operator or possessor of the Easement Area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances. Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 21 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 22 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. SELLER: CITY OF EDEN PRAIRIE. By Date Signed: Nancy Tyra-Lukens Its Mayor BY Date Signed: Scott Neal Its City Manager BUYER: DOVE CAPITAL III,LLC By Date Signed: Shawn Kostrzewa Its Chief Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, 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 23 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by Shawn Kostrzewa, theChief Manager of Dove Capital, III, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 24 EXHIBIT A TO EXHIBIT C OF PURCHASE AGREEMENT [PROPERTY DESCRIPTION] LOT 1,BLOCK 1,WINGATE HOTEL ADDITION,HENNEPIN COUNTY, MINNESOTA 25 EXHIBIT B TO EXHIBIT C OF PURCHASE AGREEMENT [EASEMENT DESCRIPTION] A permanent conservation/scenic easement upon, over and across Lot 1, Block 1, WINGATE HOTEL ADDITION, Hennepin County,Minnesota described as follows: Commencing at the northwest corner of Outlot A, WINGATE HOTEL ADDITION; thence on an assumed bearing of North 00 degrees 57 minutes 48 seconds East along the west line of said Lot 2, Wingate Hotel Addition a distance of 93.21 feet; thence South 89 degrees 02 minutes 12 seconds East 78.03 feet; thence North 49 degrees 24 minutes 33 seconds East 52.18 feet; thence North 23 degrees 16 minutes 44 seconds East 130.48 feet to the point of beginning of said easement to be described; thence North 00 degrees 01 minutes 02 seconds East 55.32 feet; thence North 35 degrees 11 minutes 44 seconds West 81.97 feet; thence North 61 degrees 11 minutes 21 seconds West 83.13 feet; thence South 89 degrees 02 minutes 12 seconds West 44.20 feet to the west line of said Lot 1; thence southerly along the westerly line of said Lot 1 to the southwest corner of said Lot 1; thence easterly along the southerly line of said Lot 1 to the point of beginning. P:\Home\EP\Dove Capital III,LLOPURCHASE AGREEMENT 11-08-05.DOC 26 CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager November 15, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott Neal, City Manager Request for letter of support for noise (Add-on Item) mitigation wall Requested Action Move to direct staff to prepare a letter of support from the City of Eden Prairie for a noise mitigation wall on the east side of I-494 from Highway 62 south to the end of Beach Road with the following caveats: • The City of Eden Prairie will not provide funding for the initial or subsequent construction of the proposed wall; and • The City of Eden Prairie will not assume future maintenance responsibilities for the proposed wall. Synopsis Citizens in the Beach Road neighborhood are working with MnDOT through a process which they hope will culminate in the construction of a new noise mitigation wall on the east side of I- 494 from Highway 62 south to the end of Beach Road. The citizens have retained the services of a consultant to assist them with this process. The consultant has solicited the proposed letter of support for this project. The letter will be presented by the consultant to MnDOT officials to assure MnDOT that the City does not object to the project. The consultant understands that the City will not contribute financially to the construction of the noise wall, nor will the City assume maintenance of the wall upon its completion or any time in the future. With the two caveats about finance and future maintenance clearly stated in the letter, staff recommends the Council approve this motion. Office of the City Manager Memorandum*2005-042 DATE: November 14, 2005 TO: Ma i 'Mayor and City Council ,,,eo0* FROM: Scott H. Neal, City Manager RE: City Councilmember Budget Questions &Responses On the Council's September 20 meeting,Mayor Tyra-Lukens asked Councilmembers to consider the questions and concerns they might have about the City's proposed 2006 City budget and to pose those questions at the Council's meeting on October 18. Councilmembers posed a number of questions to staff on October 18 with the expectation of receiving a staff response to those questions at the Council's November 15 meeting. The following is a summary of the questions and responses: 1. Can the City analyze its cost structure to provide itself with criminal prosecution services with in-house legal staff? Response:Yes. The City can provide its own criminal prosecution services with in- house legal staff. Staff have researched how other communities have accomplished this same end. We have recently received information from the current prosecution staff which we must analyze before making a final decision on this matter. See attached. 2. Can the Council have more detail on the Immigrant Services Coordinator position? Response: Yes. See attached for additional rationale and justification for the position. 1 3. Can the Council decrease the"contingency'line item in the General Fund budget without causing operational problems? Response: Yes. The"contingency"line item has been set at$100,000 for the past several years. That number could be reduced in half to $50,000. While this would not cause the City operational harm it would reduce our flexibility to respond to unanticipated challenges in 2006. 4. Can the Council receive more information about our Facilities Division budget? Response: Yes. The Facilities Division budget has been significantly restructured from previous City budgets. The Facilities Division budget includes new dollars for what I would call"full funding" of the City's building maintenance needs at its 26 buildings based on a building assessment report prepared for the City by a consulting firm called EPI. The EPI report outlines the necessary repairs and maintenance that should be completed at our City buildings and park shelters. The report gives us an objective basis upon which to budget for the care of our facilities in the future. 5. Can the Council receive a better explanation of spending on"travel,training, and conferences" for 2006? Response: Yes. The City budget includes approximately$225,000 in 2006 for employee travel,training, and conferences. Departments typically do not expend their entire travel and training budgets through out the year. 6. Can the Council receive more information about the operations of the Information Technology Division? Response:Yes. See attached. 7. Can the City save money and provide great convenience to citizens with a criminal prosecution diversion program? Response: Yes. Staff have investigated the financial prospects of creating a criminal prosecution diversion program along the lines of one suggested to us by Hennepin County Courts. We believe we can save the City$100,000 in 2006 through a combination of lower police overtime costs,lower police on-call costs,lower legal services costs,and an increase in our share of fine&penalty revenues. We are 2 making plans to implement such a program in 2006. If possible,we'd like to launch it January 1,2006 8. Can the City restructure its Capital Improvements Plan to lower its costs in 2006? Response: Yes. We could restructure our CIP for 2006,but its impact on General Fund operations spending would be minimal. Staff will offer,however, Council a proposed modification to the City's long term CIP spending that can reduce our 2006 tax levy. 9. Can the City use smaller trucks or cars for its inspectors' daily work vehicles? Response: We examined this idea and did not find it feasible for our building and fire inspection staffs. It is more feasible to replace existing general travel vehicles with vehicles that are more fuel efficient,use E85,or have hybrid engines when those vehicles are scheduled for normal replacement. 10. Can the City spend down its savings to help reduce the 2006 tax levy? Response: Yes. Staff will present the Council with a proposal on how this can be achieved in 2006 and 2007 budgets. See attached. 3 Prosecuting Attorney Services Project — 2005 Update City of Eden Prairie Michael Barone, Assistant to the City Manager November 14, 2005 Proiect Update: Overview An update to the original May 2004 Prosecuting Attorney Services project was requested in November 2005 by the City Manager and Police Chief. Included in this project update is information regarding the amount of money budgeted for all legal services in 2005, if available, including the amount budgeted specifically for criminal prosecution attorney services. The City of Eden Prairie contracts with the firm of Gregerson,Rosow, Johnson &Nilan, Ltd., for its civil and prosecution legal services. All the Municipal Legislative Commission cities were surveyed for information from their 2005 budgets regarding all legal services and the amount specifically budgeted for criminal prosecution attorney services. There are two cities in the MLC that have "in-house" or staff-based legal services, the City of Minnetonka and the City of Bloomington. One other city in the metropolitan area, the City of Coon Rapids, also has "in-house" or staff-based legal services, and I have included their information into the project for the first time, since these cities that hire their own legal services are very few in number. Prosecuting Attorney Services in Other Cities Information on other local municipalities for 2005 budgeted amounts for all legal services and prosecution services. Population information is from the 2004 estimates as reported by the Metropolitan Council on April 1, 2005. Amount Budgeted in 2005 for: City(2004 pop'l est) All Legal Services Prosecution Services Apple Valley(48,875) $401,729 $248,579 (62%of total) Burnsville(61,425) $390,000 $240,000 (61% of total) Eagan(65,764) $434,000 $252,000 (58% of total) Eden Prairie(60,460) $460,000 $240,000 (52% of total) Edina(48,050) $350,000 $255,000 (73%of total) Maplewood(35,892) $297,470 $117,900 (40%of total) Maple Grove (56,754) $? $? Plymouth(70,682) $387,740 $250,000 (64%of total) Shoreview(26,381) $? $? Woodbury(50,050) $235,000 $153,200 (65%of total) Total=$2,955,939 Total=$1,756,679 (59%of total) Average=$369,492 Average=$219,585 Cities with Staff Legal Services Two cities in the MLC consortium, the City of Bloomington and the City of Minnetonka, have"in-house"or staff-based legal departments as part of their City organization structure. This update also includes, for the first time associated with this project, the information for the"in-house"or staff-based legal department for the City of Coon Rapids. These three cities are, I believe, the only cities of any size with legal personnel on staff in the metropolitan area. City of Bloomington The City of Bloomington(population 85,442) is staffed with 11.50 FTE's in their Legal department, unchanged in head count since this survey was last done in May 2004. The staff is led by the City Attorney, who is the department head for the Legal department. They have four Associate City Attorneys(ACA's)that handle criminal prosecution, and three Associate City Attorneys (ACA's) that work with the City Attorney to provide `civil' based legal advice. The staff also includes two Legal Secretaries, one Office Assistant, and one part time(0.50 FTE) Office Assistant. The City Attorney and all seven Assistant City Attorney's are"exempt"in job status; and the two Legal Secretaries and the 1.5 Office Assistants are all"non-exempt"in their job status. Even though they share the same title of Associate City Attorney at the City of Bloomington, these are distinct jobs with distinct salary ranges between the Civil-based and Prosecution-based Attorney positions. Bloomington Positions Salary Range City Attorney(1) $99,725 - $121,247 ACA—Civil (3) $67,102 - $92,033 ACA—Prosecution(4) $49,597 - $68,163 Legal Secretaries (2) $40,685 - $55,200 Office Assistant(1) $35,628 - $43,754 Office Assistant(0.50) $30,472 - $39,104 The following are the actual salaries, in 2005, for the four ACA—Prosecution incumbent positions at the City of Bloomington: (1) $58,180—one year in position (2) $58,037—four years in position (3) $60,320—six years in position (4) $61,109—five years in position. City of Minnetonka The City of Minnetonka(population 51,480) is staffed with 6.00 FTE's in their Legal department. A slight restructuring at the beginning of 2005 increased the legal department in size from 5.30 FTE's to the current 6.00 FTE's. The staff is led by a City Attorney,who is the department head for the Legal department. They have two other attorneys, one is an Associate City Attorney,who has some 2- supervisory authority, and the other is an Assistant City Attorney,who does not have any supervisory authority. The Associate City Attorney supervises the Assistant City Attorney and the Legal Administrative Coordinator(akin to a Paralegal). Also on staff is an Administrative Assistant—Legal, and a Legal Secretary. Both the Associate City Attorney and the Assistant City Attorney do Prosecution as their main duty. The City Attorney, as well as the other two Attorney's, are"exempt"in job status, and the Legal Administrative Coordinator,Administrative Assistant—Legal, and the Legal Secretary are "non-exempt"in their job status. Minnetonka employs two prosecutors because they `contract-out' some prosecution services to two small neighboring communities (Minnetrista and St. Bonifacius)to offset the cost of employing these attorneys, and in 2005 will receive $59,900 in fees combined from Minnetrista and St. Bonifacius for doing so. Minnetonka Positions Salary Range 2005 Salary City Attorney $95,286 - $105,873 $105,873 Associate City Atty(supv) $80,982 - $89,980 $89,980 Assistant City Atty(non-supv) $70,574 - $78,415 $78,415 Legal Adm. Coord(paraleg) $46,053 - $51,170 $51,170 Adm Ass't—Legal $40 610 - $45 122 $45 122 g � , Legal Secretary $35,717 - $39,686 $39,686 City of Coon Rapids The City of Coon Rapids (population 62,243) is staffed with 6.00 FTE's in their Legal department. The staff is led by a City Attorney, who is the department head for the Legal department. They have two Assistant City Attorneys (ACA's), a Legal Secretary I, a Legal Assistant, and an Administrative Secretary III position. The City Attorney and the two Assistant City Attorney's are"exempt"in job status, and the Legal Secretary I, the Legal Assistant, and the Administrative Secretary III are"non-exempt"in their job status. Coon Rapids Positions Salary Range City Attorney $84,157 - $105,477 Ass't City Atty(2) $71,510 - $89,419 Legal Secretary I $35,443 - $44,304 Legal Assistant $40,643 - $50,814 Adm Sec'y III $38,334- $47,923 Notes related to Municipal Contracted Legal Services Maplewood The City of Maplewood has negotiated a flat monthly rate of$9,825.00 for their Prosecution Attorney services, according to Assistant Finance Director, Gail Bauman. -3- Maplewood contracts with Kelly&Fawcett for both its Civil and Prosecution attorney services. Edina The City of Edina has two different firms for their attorney services. They utilize the Dorsey&Whitney fun for their Civil matters, and utilize the Thomsen-Nybeck firm for their Prosecution matters. They are currently undergoing an RFP process for their Prosecuting Attorney services at this time. Population of Municipal Legislative Cities 2000 04-2004 Pop'l %Pop'1 city Census MC ■ change change Apple Valley 45,527 48,875 3,348 7.35% Bloomington 85,172 85,442 270 0.32% Burnsville 60,220 61,425 1,205 2.00% Eagan 63,557 65,764 . 2,207 3.47% Eden Prairie 54,901 60,460 5,559 10.13% Edina 47,425 48,050 625 1.32% Maple Grove 50,365 56,754 6,389 12.69% Maplewood 34,947 35,892 945 2.70% Minnetonka 51,301 51,480 179 0.35% Plymouth 65,894 70,682 4,788 7.27% Shoreview 25,924 26,381 457 1.76% Woodbury 46,463 50,050 3,587 7.72% Totals 631,696 661,255 29,559 4.68% KEY: ■ 2004 information from Met Council website,and are estimates of population as of April 1,2005. -4- Rational for the Community Liaison Position—Prepared by Mary Keating Demographics: In a May 2004 census update the County states that demographic changes seen in the 1990's will continue in the coming years and will require adaptations by the county and local governments to serve immigrants./refugees/new citizens. In 1990 one in twenty- five Hennepin County residents was foreign born and today that number is one in ten. This trend has also occurred in Eden Prairie and will continue. The history of immigrants to this country is that they join family members or gravitate to the communities that already have residents from their home land. According to the County, third ring suburbs will show dramatic growth in terms of percentage of population, doubling in size by 2030. The County expects that these increases will be most reflected in the elderly and immigrant populations. School Districts report each October on the number of students with a home language other than English. In Eden Prairie for the 2000-01 school year the total number of Somali languages in Eden Prairie was 153. In 2004 that number increased to 324. Spanish speaking students also increased from 51 students in 2000-01 to 115 in 2004. Current census numbers do not adequately reflect the number of immigrants in Eden Prairie, in particular the Somali population. Somalis do not consider themselves African American or Black so there was no designation that fit for them in the 2000 census. The Federal Government admits that immigrants and people of color,particularly low-income are under counted in the census. My best guess is that there are at least 1500 Somali individuals living in Eden Prairie. PROP reports that Somali families now make up the largest number of clients with 223 families being served in 2004. Existing City Services Eden Prairie provides direct social services to senior citizens and persons with disabilities who live in our community through programs offered by the Park and Recreation Department. Currently there are approximately 5,000 senior citizens aged 60 years and over(as stated in the Counties current estimates) who reside in Eden Prairie. Regardless of the fact that this is a relatively small number compared to the entire population of EP, we think they deserve services and in fact we provide a Senior Center where resident elderly can get free help with their taxes, get a ride to go get groceries or occasionally to a doctor's appointment, and be given information about resources. We also have a small population of disabled children. Again,we value these residents and provide programming just for them so they can actively partake in the life of the community. PolicyIssues:s. The City of Eden Prairie currently provides direct service to such groups as senior citizens and disabled children. Consequently, we would not be making new policy but rather extending services to an additional group that really needs assistance. Comprehensive Plan: The City Council issued a directive in their Comprehensive Plan that calls for a balance in the level of staffing and resources needed to support the delivery of services to reflect Eden Prairie's changing demographics. The Community liaison position fulfills this charge in two ways. First,through this position we are able to offer needed services to a segment of our community. Secondly,this position means that the City is moving to a more diverse City staff to reflect the population changes in our community. The Community Liaison position meets the Council's goal of expanding and intensifying our outreach efforts, "to all segments of the community ... to increase understanding and participation in City programs and services". The Community Liaison makes it possible for the City to meet this goal. Language is one of the keys to the success of these efforts. The ability to speak Somali, Italian,Arabic and some Spanish means we have removed one of the barriers to receiving services for a segment of Eden Prairie's population. Inclusion: The League of Minnesota Cities' Cultural Diversity Task Force developed an"action guide"for communities to address the changing demographics in Minnesota cities. They listed several outcomes that a successful City should work to achieve: 1) High quality city service delivery to all populations 2) Increased participation of ethnic populations in city government 3) Improved cross-cultural understanding among populations The Task Force also listed action steps: 1) Hire cultural liaisons to be a bridge between the city government and ethnic populations 2) Orient newcomers to the community's resources,norms and expectations The City of Eden Prairie has successfully implemented these two action steps by hiring the Community Liaison position. This action step has sent a message to immigrant/refugee groups in our community that the City welcomes them and is ready to assist them in becoming productive, contributing members of the community. If the City chooses to eliminate this position at this time,the repercussions will be felt throughout the community and the good work and good will that has been established may not continue to exist. INFORMATION TECHNOLOGY Description of Operations The Information Technology(IT)Division delivers information services, information technology and telecommunication services to City staff to maximize the effectiveness and efficiency of City services. IT is responsible for the operations and support of the City's servers, business applications and network infrastructure that provides connectivity for 13 remote locations and over 300 computing devices. IT also delivers and supports the City's eGovernment initiative and handles all forms of electronic communications such as e-mail and voicemail. The City budgets and manages computer purchases and maintenance centrally to better track technology and to ensure the best use of technology. Information technology includes the purchase and maintenance of approximately 240 Desktop computers, 60 Laptops and Tablet PCs, 50 Networked printers and 13 multi-function printers/Scanners/Faxes, 40 palm devices, 17 servers, 500 Voice lines and over 300 phones. Eden Prairie is a member of LOGIS (Local Government Information Systems), a consortium of 36 cities and other entities. Under this shared-time and shared-resource system, the City is able to have data processing and equipment procurement at very favorable rates. LOGIS has several data processing modules. Among those modules used by the City and shown in this budget are: Financial Systems, Fixed Assets, Accounts Receivable and Payable, Payroll, Utility Billing System, Property Data, Special Assessments, Building Inspection, Human Resources, Internet Access, Park/Recreation Class Registration, GIS and WAN/LAN network services. Not included in LOGIS budget, IT also provides business application development and support for Police Records, Dispatch Systems, Mobile Communication System, Fleet Management System, and Fire House Application, Content Management System for Intranet and Internet or systems for the various enterprise fund activities. IT is staffed between 7 a.m. and 8:30 p.m. Monday through Friday. Tax Levy 2005 2005 2006 Percent 2007 Percent Adopted Adjusted Proposed Difference Change Proposed Difference Change General Fund $ 23,484,256 $ 22,279,728 $ 24,243,714 $ 1,963,986 8.8%$ 25,439,576 $ 1,195,862 4.9% Market Value Homestead Credit 843,983 843,983 629,029 (214,954) (25.5(/1o) 629,029 0 0.0% Debt Service Tax Capacity 1,388,000 1,388,000 1,579,000 191,000 13.8% 1,564,000 (15,000) (0.9%) Debt Service Market Value 645,000 645,000 635,000 (10,000) (1.6%) 600,000 (35,000) (5.501o) Housing and Redevelopment 0 0 200,000 200,000 200,000 0 0.0% Equipment Revolving 614,800 614,800 639,392 24,592 4.0% 664,968 25,576 4.0% Capital Improvement/Maintenance 0 1,204,528 1,252,709 48,181 4.0% 1,302,817 50,108 4.0% Total Tax Levy-Per the County 26,976,039 26,976,039 29,178,845 2,202,806 8.2% 30,400,390 1,221,546 4.2% Fiscal Disparity Distribution (1,283,217) (1,283,217) (1,284 921) (1,704) 0.1% (1,375,000) (90,079) 7 0% Adjusted Levy 25,692,822 25,692,822 27,893,924 2,201,102 8.6% 29,025,390 1,131,467 4.1% Tax Levy without Market Value Debt Service&add FD 28,543,845 Debt Service Market Value Levy 635,000 Total Tax Levy 29,178,845 Tax Levy-Revised 11/14/2005 2005 2005 2006 Percent 2007 Percent Adopted Adjusted Proposed Difference Change Proposed Difference Change General Fund $ 23,484,256 $ 22,279,728 $ 23,828,714 $ 1,548,986 7.0%$ 25,014,576 $ 1,185,862 5.0% Market Value Homestead Credit 843,983 843,983 629,029 (214,954) (25.5%) 629,029 0 0.0% Debt Service Tax Capacity 1,388,000 1,388,000 1,289,000 (99,000) (7.1%) 1,564,000 275,000 21.3% Debt Service Market Value 645,000 645,000 635,000 (10,000) (1.6%) 600,000 (35,000) (5.5%) Housing and Redevelopment 0 0 200,000 200,000 200,000 0 0.0%u Equipment Revolving 614,800 614,800 639,392 24,592 4.0% 664,968 25,576 4.0% Capital Improvement/Maintenance 0 1,204,528 1,000,000 (204,528) (17.0%) 1,000,000 0 0.0% Total Tax Levy-Per the County 26,976,039 26,976,039 28,221,135 1,245,096 4.6% 29,672,573 1,451,438 5.1% Fiscal Disparity Distribution (1,283,217) (1,283,217) (1,284,921) (1,704) 0.1% (1,375,000) (90,079) 7 0% Adjusted Levy 25,692,822 25,692,822 26,936,214 1,243,392 4.8% 28,297,573 1,361,359 5.1% Park Referedum 1,076,724 1,076,724 1,076,724 0 0.0% Total Levy $ 25,692,822 $ 25,692,822 $ 28,012,938 $ 2,320,116 9.0%$ 29,374,297 $ 1,361,359 4 9% Tax Levy without Market Value Debt Service&add FD 27,586,135 Debt Service Market Value Levy 1,711,724 Total Tax Levy 29,297,859 Budget 2005 2005 2006 Percent 2007 Percent Adopted Adjusted Proposed Difference Change Proposed Difference Change General Fund $ 30,566,273 $ 30,066,273 $ 32,458,436 $ 2,392,163 8.0% $ 33,674,034 $ 1,215,598 3.7% Debt Levy 2,033,000 2,033,000 2,214,000 181,000 8.9% 2,164,000 (50,000) (2.3%) Housing and Redevelopment - - 200,000 200,000 200,000 - 0.0% Equipment Revolving Levy 614,800 614,800 639,392 24,592 4.0% 664,968 25,576 4.0% Capital Improvement Plan Levy 1,204,528 1,252,709 48,181 4.0% 1,302,817 50,108 4.0% $ 33,214,073 $ 33,918,601 $ 36,764,537 $ 2,845,936 8.4% $ 38,005,819 $ 1,241,282 3.4% Budget -Revised 11/14/2005 2005 2005 2006 Percent 2007 Percent Adopted Adjusted Proposed Difference Change Proposed Difference Change General Fund $ 30,566,273 $ 30,066,273 $ 32,258,436 $ 2,192,163 7.3% $ 33,474,034 $ 1,215,598 3.8% Debt Levy 2,033,000 2,033,000 1,924,000 (109,000) (5.4%) 2,164,000 240,000 12.5% Housing and Redevelopment - - 200,000 200,000 200,000 - 0.0% Equipment Revolving Levy 614,800 614,800 639,392 24,592 4.0% 664,968 25,576 4.0% Capital Improvement Plan Levy 1,204,528 1,000,000 (204,528) (17.0%) 1,000,000 - 0.0% Total 33,214,073 33,918,601 36,021,828 2,103,227 6.2% 37,503,002 1,481,174 4.1% Park Refendum 1,076,724 1,076,724 1,076,724 - 0.0% Total with Park Referendum $ 33,214,073 $ 33,918,601 $ 37,098,552 $ 3,179,951 9.4% $ 38,579,726 $ 1,481,174 4.0% 2006 FISCAL 2005 FINAL NTC 2006 PROPOSED 2005 FINAL MV 2006 PROPOSED DISPARITY NAME LEVY NTC LEVY Difference Percent BASED LEVY MV LEVY DISTRIBUTION TAX BLQOMIIVGTON CITY OF. !. 36,0,91 897 3$,16$,336 2 076,439 5,75% 0 2,477,609. BROOKLYN CENTER CITY OF 10,308,649 10,612,956 304,307 2.95% 1.759,074 757,394 -1,680 -0.22% 1,959,236 BROOKLYN PARK CITY OF 19,958,378 23,781,972 3,823,594 19,16% 1,527,096 1,160,343 -366,753 -24.02% 2,955,973 CHAMPLIN CITY OF 6,103,779 6,606,997 503,218 8.24% 0 0 0 868,746 CORCORAN CITY OF 1,707,143 1,929,665 222,522 13.03% 0 0 0 111,539 CRYSTAL CITY OF 6,647,644 7,418,211 770,567 11.59% 227,047 221,025 -6,022 -2.65% 1,056,505 DAYTON(JT)CITY OF 1,845,350 2,089,122 243,772 13.21% 0 0 0 171,075 DEEPHAVEN CITY OF 1,583,878 1,671 165 87,287 5.51% 0 0 0 26,663 DEN PRAIRIE REG LEVY 26,331,039 28,343 845 2,012,80E 7 64% 645,00U 635,000 -10 Q001 55°jo 1,284,921 1?dINA CITY 01 18,993,3,90 20,220,992 1,227,602 6.46% 674,1fi2 599,138 75,024 1.1 i3% 5$0,9I5 EXCELSIOR CITY OF 999,000 1,148,850 149,850 15.00% 0 0 0 57,420 GOLDEN VALLEY CITY OF 12,545,135 13,267,960 722,825 5.76% 0 0 0 614,449 GREENFIELD CITY OF 890,000 1,647,589 757,589 85.12% 0 0 0 47,418 GREENWOOD CITY OF 409,629 525,010 115,381 28.17% 0 0 0 4,681 HOPKINS CITY OF 8,120,078 8,615,078 495,000 6.10% 0 0 0 898,980 INDEPENDENCE CITY OF 2,509,073 2,796,307 287,234 11.45% 0 0 0 65,197 LONG LAKE CITY OF 899,069 973,369 74,300 8.26% 0 0 0 62,067 LORETTO CITY OF 245,000 257,400 12,400 5.06% 0 0 0 21,727 MAPLE GROVE CITY OF 20,319,087 21,981,073 1,661,98E 8.18% 508,31,E 506,909 -i d07 -0.28% ;1,474,979' MAPLE PLAIN CITY OF 731,950 833,440 101,490 13.87% 0 0 0 90,372 MEDICINE LAKE CITY OF 253,000 310,980 57,980 22.92% 0 0 0 6,319 MEDINA CITY OF 1,669,760 1,943,278 273,518 16.38% 0 0 0 28,829 MINNEAPOLIS CITY OF 183,974,830 197,729,811 13,754,981 7.48% 6,400,000 8,100,000 1,700,000 26.56% 24,511,580 MINNETONKA BEACH CITY OF 732,140 785,800 53,660 7.33% 0 0 0 4,657 MINNETONKA CITY OF 20,75500D 22,876,700 2,121,700 10.22%; 941,43 942,719 1,288 0.14% 976,894`. MINNETRISTA CITY OF 3,027,259 3,700,746 673,487 22.25% 0 0 0 63,335 MOUND CITY OF 3,712,920 4,256,205 543,285 14.63% 0 0 0 285,068 NEW HOPE CITY OF 8,029,931 8,029,931 0 0.00% 0 0 0 1,226,445 ORONO CITY OF 3,461,670 3,801,960 340,290 9.83% 0 0 0 35,469 OSSEO CITY OF 793,914 808,676 14,762 1.86% 0 0 0 102,187 PLYMOUTH CITY OF 20,532;898 22,578,782 2,045,884 9.9E%I 676,022. 680,701 4,67985,5$2' RICHFIELD CITY OF 10,993,024 11,935,629 942,605 8.57% 0 0 0 1,425,059 ROBBINSDALE CITY OF 3,769,130 4,266,303 497,173 13.19% 197,251 202,223 4,972 2.52% 584,138 ROGERS CITY OF 2,548,518 3,042,000 493,482 19.36% 0 0 0 173,570 SAINT ANTHONY(JT)CITY 3,634,259 3,757,457 123,198 3.39% 0 0 0 377,414 SAINT BONIFACIUS CITY OF 784,850 803,491 18,641 2.38% 0 0 0 91,125 SAINT LOUIS PARK CITY OF 17,303,138 18,515,211 1,212,073 7.00% 0 0 0 1,433,111 SHOREWOOD CITY OF 3,830,656 4,247,395 416,739 10.88% 0 0 0 119,283 SPRING PARK CITY OF 687,636 792,359 104,723 15.23% 0 0 0 50,829 TONKA BAY CITY OF 708,104 836,283 128,179 18.10% 0 0 0 9,533 WAYZATA CITY OF 2,591,400 2,745,200 153,800 5.94% 226,300 229,100 2,800 1.24% 31,495 WOODLAND CITY OF 208,748 219,000 10,252 4.91% 0 0 0 0 471,241,953 510,872,534 39,630,581 8.41% 12,781,699 14,034,552 1,252,853 9.80% 47,652,374 Average 12.20% Average Bloom,Edina,Maple Grove,Mtka.,Plymouth 8.12%