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City Council - 07/18/2006
AGENDA JOINT WORKSHOP OF THE CITY COUNCIL &PLANNING COMMISSION & OPEN FORUM/OPEN PODIUM TUESDAY,JULY 18,2006 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM H 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young PLANNING COMMISSION: Ray Stoelting—Chair,Fred Seymour—Vice Chair,Jon Duckstad,John Kirk,Vicki Koenig, Jerry Pitzrick,Peter Rocheford, Jon Stoltz,Frank Powell 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. COMP PLAN UPDATE Council Chamber II. OPEN FORUM A. TOM BRIANT—EDEN PR A UE TAXPAYERS ALLIANCE UPDATE III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DULY 18,2006 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION ON LIQUOR STORE REMODELING PLAN V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. OPEN FORUWOPEN PODIUM HELD TUESDAY,JUNE 20,2006 B. CITY COUNCIL MEETING HELD TUESDAY,TUESDAY,JUKE 20,_2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 28.11 acres and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres,Resolution for Site Plan Review. Location: Charlson Road and Highway Ordinance for g y 212 � PUD District Review with waivers and Zoning District Change,Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO.PW 18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CO.ROAD 4 SOUTH OF CO.ROAD 1,I.C. 5566 CITY COUNCIL AGENDA July 18, 2006 Page 2 D. APROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC. FOR CONCEPTUAL PLANS FOR RECONSTRUCTION OF DELL ROAD E. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF TAX FORFEITED LANDS F. AWARD BID FOR LOWER PURGATORY CREEK NATURE TRAIL CONSTRUCTION G. APPROVE AGREEMENT WITH LHB,INC.TO CONDUCT INSPECTIONS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110, 8100 AND 8108 EDEN ROAD H. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS AT 11995 AND 8140 FLYING CLOUD DRIVE; AND 8110,8100 AND 8108 EDEN ROAD I. APPROVE AGREEMENT WITH LHB,INC.,TO CONDUCT A BUILDING INSPECTION AT 7505 FLYING CLOUD DRIVE J. APPROVE AGREEMENT WITH EHLERS AND ASSOCIATES TO CONDUCT A FINANCING ANALYSIS FOR 7505 FLYING CLOUD DRIVE K. AUTHORIZE NEXT STEPS FOR DEN ROAD LIQUOR STORE PROJECT INCLUDING HIRING AN ARCHITECT AND BIDDING DEN ROAD LIQUOR STORE REMODEL PROJECT L. ADOPT RESOLUTION AUTHORIZING AGREEMENT FOR SAFE & SOBER GRANT M. ADOPT RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE TO CONSENT TO TRANSFER OF THE PARK AT CITY WEST APARTMENTS FROM PARK AT CITY WEST LIMITED PARTNERSHIP TO PACW EDEN PRAIRIE LLC N. APPROVE THIRD AMENDMENT TO THE HOLLYWOOD VIDEO LEASE VHI. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF HILLTOP STREET AND STORM SEWER EMPROVEMENT SPECIAL ASSESSMENTS (Resolution) B. AMENDED TAX INCREMENT FINANCING PLAN AND AN AMENDED PROJECT MANAGEMENT AGREEMENT—PRAIRIE VILLAGE REDEVELOPMENT PROJECT(Resolution) CITY COUNCIL AGENDA July 18, 2006 Page 3 C. VACATION OF PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2,BLOCK 1,GRAY FOX BLUFF,VACATION 06-04 (Resolution) D. WOODLAND 2ND ADDITION by Tom Robertson.Request for:Preliminary Plat of 27,979 square feet into one lot. Location: 6983 Woodland Drive. (Resolution for Preliminary Plat) E. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission.Request for: Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers and Zoning District Amendment in the I-2 Zoning District on 10.1 acres, Resolution for Site Plan Review on 10.1 acres.Location: 14405 62"d Street West. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.05 REGARDING DISCONTINUANCE OF MUNICIPAL UTILITIES FOR FAILURE TO ALLOW METER SERVICE AND REPAIR\REPLACEMENT B. RESOLUTION IDENTIFYING NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS XI. PETITIONS,REOUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XHI. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Hilltop Road Street and Utility Improvements Contract (Resolution) F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA July 18, 2006 Page 4 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JULY 18,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Commissioners 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, Communify Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Carol Pelzel I. ROLL CALL/CALL THE HRA MEETING TO ORDER H. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 13,2005 III. ADOPT RESOLUTION APPROVING THE AMENDED TAX INCREMENT FINANCING PLAN AND AN AMENDED PROJECT MANAGEMENT AGREEMENT IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 13,2005 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Commissioners 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,Finance Director Sue Kotchevar and Recorder Deb Sweeney I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the HRA meeting to order at 7:06 p.m. II. APPROVE MINUTES OF HRA MEETING HELD ON NOVEMBER 1,2005 MOTION: Aho moved, seconded by Young,to approve the minutes of the HRA meeting held on November 1, 2005. Motion carried 5-0. III. ADOPT RESOLUTION CERTIFYING THE 2006 HRA PROPERTY TAX LEVY TO BE$200,000 AND APPROVING THE 2006 HRA BUDGET OF$200,000 Neal said the HRA approved the proposed 2006 HRA property tax levy and budget on September 6, 2005. Also on September 6, 2005,the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2006 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Case moved, seconded by Butcher,to adopt HRA Resolution No.2005-03 certifying the 2006 HRA Property Tax levy to be $200,000 and approving the 2006 HRA Budget of$200,000 as reviewed by the Council. Motion carried 5-0. IV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the HRA. Motion carried 5- 0. CITY COUNCIL AGENDA DATE: SECTION: EIRA MEETING July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Resolution Adopting the Amended Tax City Manager/Finance Increment Financing Plan and an Amended Project Management Agreement Requested Action Move to: • Adopt Resolution approving the amended tax increment financing plan and an amended project management agreement Synopsis The HRA proposes to amend the tax increment financing plan for its TIF District No. 10 to increase the total amount of tax increment expenditures from TIF District No. 10. These increased tax increment expenditures will provide for the payment of previously-incurred public improvement costs of the developer of the Prairie Village development. In return,the developer will agree to continue to offer the reduced rents that are currently in place at Prairie Village pursuant to an interest rate reduction program, notwithstanding the termination of such program this year. This agreement between the HRA and the developer would be incorporated in a proposed amendment to the original Project Management Agreement between the parties. The amendment to the Project Management Agreement is also before the HRA for consideration. The HRA's adoption of the amendment to the tax increment financing plan must be approved by the City Council. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO.2006- RESOLUTION RELATING TO PRAIRIE VILLAGE REDEVELOPMENT PROJECT AREA NO.2 AND TAX INCREMENT FINANCING DISTRICT NO. 10; ADOPTING THE AMENDED TAX INCREMENT FINANCING PLAN THEREFOR AND AN AMENDED PROJECT MANAGEMENT AGREEMENT RELATING THERETO BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota, as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority")has previously adopted a redevelopment plan (the "Project Plan") and redevelopment project under Minnesota Statutes, Sections 469.001 to 469.047, designated as Prairie Village Redevelopment Project Area No.2 (the "Redevelopment Project")and a tax increment financing plan and interest rate reduction program of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799, designated as Amended Tax Increment Plan/Interest Rate Reduction Program for Tax Increment Financing District No. 10 (the"Financing Plan"). The Financing Plan established Tax Increment Financing District No. 10 (the"District"). 1.02. The Authority has previously entered into the Amended and Restated Project Management Agreement dated as of October 1, 1989, by and between the Authority and Prairie Village Limited Partnership (the"Agreement"), and to carry out the purposes of the Financing Plan,proposes to enter into Amendment No. 2, dated as of July 1, 2005 (as so amended,the"Agreement Amendment"). Section 2. Adoption of Amended Financing Plan. The Amended Financing Plan is hereby adopted, subject to approval by the City Council as provided in Section 4,based on the findings in Section 3. Section 3. Findings. The Authority hereby makes the following findings: a) the District, based on the information in the Tax Increment Plan and representations of the developer, consists of a project intended for occupancy, in part,by persons or families of low and moderate income, as defined in chapter 462A,Title II of the National Housing Act of 1934,the National Housing Act of 1959,the United States Housing Act of 1937, as amended,Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore,the District qualifies as a"housing district"within the meaning of Minnesota Statutes, Section 469.174, subdivision 11. b) The continued use of the development as a housing district, in the opinion of the Authority,would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and,therefore, the use of tax increment financing is deemed necessary since private developers could not economically maintain the project without the proposed subsidy. Section 4. Transmittal. The Authority does hereby transmit the Amended Financing Plan to the Eden Prairie City Council for approval after the same has been considered by the Council subsequent to a public hearing to be held in accordance with Minnesota Statutes, Chapter 469. Section 5. Filing. Following approval by the City Council, the Secretary is hereby authorized and directed to file the Financing Plan with the Commissioner of Revenue as required by Minnesota Statutes, Section 469.175, subdivision 4a. Section 6. Adoption of Agreement Amendment. The Authority hereby adopts and approves the Agreement Amendment in substantially the form presented to and on file with the Authority as of this date and directs the Chair of the Authority to execute the Agreement Amendment and documents related thereto upon approval by the Council of the Financing Plan and filing of the Financing Plan as provided in Section 5 hereof. Adopted by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota,this 18th day of July,2006. Nancy Tyra-Lukens, Chair ATTEST: SEAL Scott H.Neal,Executive Director 2 UNAPPROVED MINUTES ITEM NO: VI.A. CITY COUNCIL WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,JUNE 20,2006 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, Deputy Police Chief Rob Reynolds,Fire Chief George Esbensen,Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, City Assessor Steve Sinell,Tammy Wilson Community Development Intern Meg Beakman, and Recorder Lorene McWaters Heritage Room H I. 2006-2007 BUDGET City Manager Scott Neal said 2007 is year two of a two-year budget process.The numbers presented at this meeting are refinements of numbers presented during last year's budget process. Sue Kotchevar gave a PowerPoint presentation on the proposed budget. On September 5, Council will be asked to adopt a preliminary levy,the Truth-in- Taxation hearing will be held in December,the Council will vote on the 2007 Budget at their December 19 Council Meeting, and the levy will be certified on December 22. Kotchevar said this year's budget process consisted of two components: • Updating revenue and expenditure projections • Submittals by staff of requests for material and necessary changes to the draft budget Kotchevar reviewed anticipated budget changes for the 2007 budget,the largest of which is in wages and benefits. The tax levy summary shows a proposed 7.6%increase from in 2006 ($27,812,939)to 2007 ($29,924,317). Market values are projected to increase 6%for residential properties, 12.8%for apartments, and 12.5%for commercial. This translates into tax impacts of 3.6%for residential, 9.7%for apartments,and 9.7%for commercial. Kotchevar and Neal presented a proposed 2008/2009 budget process that features increased public participation early on, including town meetings and a community survey. Neal said he has contacted Decision Resources about conducting the survey, and they recommend the survey be done after the November election.Results would be available in December in time for planning for a January Council Retreat Kotchevar also reported that liquor store sales remain strong. She recommends that a portion of liquor store profits be retained for building improvements and updated signage. II. MINUTE TAKING STANDARDS City Clerk Kitty Porta presented a PowerPoint on proposed changes to standards for meeting minutes. The most substantive changes involve moving away from attribution of questions and comments to individuals and use of discussion summaries rather than discussion narratives. Neal said Council would have an opportunity to consider approving these recommendations as part of the Council Meeting Agenda. Council Chamber III. OPEN FORUM Mr.Ramin Hakimi said he and other property owners on the north shore of Red Rock Lake have"taken care of the strip of land owned by the City between their lots and the lakeshore for years. He objects to being taxed for a lakefront parcel since he does not own the strip of land that touches the lakefront and the City will not allow him to make "improvements." He recommended the City sell the strip of land to residents at a reasonable price.Mr.Allan Pollino asked about buckthorn and garlic mustard weed removal, and said he has researched options for seeding the shoreline. Council asked Parks and Recreation Director Bob Lambert for input. Lambert provided a brief history of the parcel. Lambert said Parks staff will develop recommendations for restoration of the shoreline. Nancy Anderson, a member of the Eden Prairie Senior Council, asked the City to install a water supply system for the Pioneer Park Gardens. Lambert said the request will be taken to the Parks Commission for consideration. M. OPEN PODIUM Ellen Hoerle submitted an alternate proposal for Singletree Lane/West 78t' Street intersection improvements. IV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO: VI. B. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUKE 20,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen,Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MRPA AWARD OF EXCELLENCE Dona Tilsner, of the Minnesota Recreation and Parks Association(MRPA), presented a 2005 award of excellence to the City for its new archery facility, designed to provide exemplary safety and functionality, and probably the only one of its kind statewide. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case and Tyra-Lukens each added two items to Reports of Councilmembers.Neal added two brief updates to Report of City Manager. MOTION: Aho moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. OPEN FORUM\OPEN PODIUM HELD TUESDAY,DUNE 6,2006 CITY COUNCIL MINUTES June 20,2006 Page 2 MOTION: Butcher moved, seconded by Young,to approve the Open Podium/Open Forum minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,TUESDAY,JUNE 6,2006 MOTION: Case moved, seconded by Young,to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BANEBERRY HOLLOW by Westlake Holding, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres.Location: 10015 and 10065 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) C. GANDER MOUNTAIN by Oppidan Investment Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres, Resolution for Site Plan Review on 4.69 acres.Location: 12150 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Change,Resolution No. 2006-76 for Site Plan Review) D. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.8 acres,Resolution for Site Plan Review on 1.8 acres.Location: 7800 Eden Prairie Road. (Ordinance No. 11-2006 for 8-2006 PUD District Review with waivers and Zoning District Amendment,Resolution No..2006-77 for Site Plan Review) E. ADOPT RESOLUTION NO.2006-78 APPROVING FINAL PLAT OF ERS ESTATES F. ADOPT RESOLUTION NO.2006-79 APPROVING FINAL PLAT OF GANDER MOUNTAIN G. ADOPT RESOLUTION NO.2006-80 APPROVING FINAL PLAT OF BANEBERRY HOLLOW H. ADOPT RESOLUTION NO.2006-81 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 2ND ADDITION CITY COUNCIL MINUTES June 20,2006 Page 3 I. ADOPT RESOLUTION NO.2006-82 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE FOR HILLTOP ROAD STREET & STORM SEWER IMPROVEMENTS,I.C. 05-5642 J. ADOPT RESOLUTION NO.2006-83 AUTHORIZING ISSUANCE OF $4,290,000 CAPITAL IMPROVEMENT PLAN BONDS SERIES 2006B K. ADOPT RESOLUTION NO.2006-84 CALLING FOR PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF)REDEVELOPMENT DISTRICT FOR THE SUPERIOR TECH PROJECT L. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP MULTI10 LLC (FLAGSHIP ATHLETIC CLUB) M. APPROVE ANNUAL REPORT FOR PHASE H NPDES STORM WATER PERMIT PROGRAM N. AUTHORIZE SALE OF POLICE DEPARTMENT FIREARMS AND EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES O. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE ABC FOUNDATION TO USE CDBG FUNDS FOR REHABILITATION OF THE ABC HOUSE Regarding Item J,Neal noted the City's AAA bond rating was approved. MOTION: Butcher moved, seconded by Case,to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Case,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 CITY COUNCIL MINUTES June 20,2006 Page 4 XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS Assistant to the City Manager Mike Barone reviewed changes to policies for student representatives on commissions. Since applications continue to be high, appointments have been changed from eight months to four months in length to allow more students to participate. The schedule has been adjusted to reflect this change and to fit students' schedules. MOTION: Case moved, seconded by Butcher,to appoint Cassandra Warman to the Fall class; Colin O'Donnell to the Winter/Spring class;and Sarah Ericson and Kristy Shillock to both Fall& Winter/Spring classes for the Arts and Culture Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. MOTION: Butcher moved, seconded by Case,to appoint Casey Russell and Jennifer Brown to the Fall class;Alesia Casanova and Mark Muston to the Winter/Spring class,and Lauren Mosman to both the Fall& Winter/Spring classes for the Conservation Commission during the 2006—2007 Students on Commission year. Motion carried 5-0. MOTION: Aho moved, seconded by Butcher,to appoint Nathan Wagner and Alexandra Shea to the Fall class;Kaitlin Robinson and Claire Lukens to the Winter/Spring class; and Lauren Bentz to both the Fall& Winter/Spring classes for the Heritage Preservation Commission during the 2006— 2007 Students on Commission year.Motion carried 5-0. MOTION: Young moved, seconded by Aho,to appoint Grace Li to the Fall class; Thea Terp to the Winter/Spring class; and Sandra Moran and Steven Shonts to both the Fall& Winter/Spring classes for the Human Rights and Diversity Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. MOTION: Case moved, seconded by Butcher,to appoint William Wahlers, Jennifer Dworak, and Elise Garton to the Fall class; and Kristine Pederson,Alexa Redfield, and Stephen Carew to the Winter/Spring class for the Parks,Recreation, and Natural Resources Commission during the 2006—2007 Students on Commission year.Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Disc Golf Improvements CITY COUNCIL MINUTES June 20,2006 Page 5 Case said he often hears of the popularity of the disk golf course. Users of the disc golf course should consider a petition if they would like the course expanded, or a new course added. Butcher noted the disc golf course has provided a heavily used and much appreciated amenity for very little cost. 2 Sian Adoption For Elizabeth Fries Ellet Trail p Case recommended the City sponsor one of the three remaining signs on the Elizabeth Fries Ellett trail. Staff will look into it. 3. AMM Seeks Committee Members Tyra-Lukens reported the Association of Metro Municipalities(AN" is seeking committee members,both councilmembers and Staff,to serve on committees preparing for the next legislative session, including topics of Metropolitan Agencies,Transportation, Housing and Economic Development, and Municipal Revenue.Neal noted City Assessor Steve Sinell will participate. 4. Voter Education Effort for AMBEST Referendum Tyra-Lukens said the Southwest LRT Commission has developed a voter education piece to build support for the referendum dedicating 100%of the motor vehicle sales tax to transportation. Talks with voters revealed the wording of the referendum is confusing, and support jumped sharply when voters understand there were no new taxes. B. REPORT OF CITY MANAGER 1. Meeting Minutes Standards Neal said based on discussion in tonight's workshop,the next City Council minutes will be prepared both in the current format and in the proposed �'y ro osed summary"discussion and decision"format for purposes of comparison. The options can be reviewed at the August 1, 2006 workshop and meeting. 2. NIMS Training Neal directed Councilmembers attention to an article in the Minnesota League of Cities magazine regarding National Incident Management Training(NIMS). The City is conducting NIMS training,which requires CITY COUNCIL MINUTES June 20,2006 Page 6 different levels of training for different positions. Councilmembers will receive their NIMS training at a future workshop. 3. Somali Independence Day Celebration Neal noted councilmembers are invited to the Somali Independence Day celebration, Saturday,July 1, from 1-3 p.m. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Schematic Comparisons Neal prefaced the discussion by noting it is not unusual for public projects to expand as excitement builds,then contract due to financial parameters. The referendum authorized Council to borrow a certain amount but did not cap spending on the project. The Council has discretion to spend more on the project as long as there is a logical connection to what was voted on. Lambert reviewed the history of the project's development: Scheme A: The scheme used for the referendum-65,000 sq ft and$6.6 million. The City could build that facility today for the same price plus cost increases. Scheme B: The scheme as altered post-referendum after meetings with users and Staff. This feedback highlighted control access problems,which impact revenue. Components of the plan, including the gym and racquetball courts,were moved into a controlled area.This plan had a square footage of 63,000 with a similar cost to Scheme A. Scheme C: The scheme as altered after meetings with managers of private and public facilities. All managers agreed providing childcare is essential to generating memberships. The scheme added childcare and added offices and an arcade in the central building area vacated by the racquetball courts. It measured 72,660 sq. ft. and cost$8.8 million. Scheme D: The scheme as altered by Parks staff to cut costs. Along with many smaller items,the racquetball courts, childcare gym, and a large meeting room were cut or listed as deduct alternates. The scheme with all deduct alternates taken measures 56,000 sq. ft at a cost of$7.1 million. Scheme E: The scheme as altered by the Parks Commission. Commission members felt racquetball should be kept. They felt the CITY COUNCIL MINUTES June 20,2006 Page 7 meeting room was not worth taking out; since it fills a niche in an exterior wall, cost savings would be limited. Scheme E has an area of 67,000 sq ft and a cost of$8 million,reduced to 61,000 sq ft and$7.6 million if all deduct alternates are taken. Young asked if the numbers include furnishings. Lambert said the furnishings and fitness equipment add about$300,000 to the cost.Butcher asked Lambert to review how the shortfall would be funded. Lambert said the money would come from cash on hand from parks fees, which are paid by developers for neighborhood parks and community-wide amenities. The Council decides how these dedicated parks monies are spent. No additional taxes would be raised. Young said that although the Council has the authority to spend more,the City promoted a vision with a price attached to it in the referendum. It is natural to expect cost increases,but the increase on this project is uncomfortably high. Many of the causes of the increase could have been predicted prior to the referendum, for example, increases in materials costs after Hurricane Katrina,the need for child care,the decision to include racquetball courts, and the fact that outdated cost figures were used. The referendum only passed by 230 votes, and perhaps wouldn't have passed had the cost been higher. Young proposed making all the bid alternates firm reductions and eliminating the racquetball courts,which have passed their heyday. This would be responsive to the taxpayers while impacting a minimum number of people. Tyra-Lukens asked about racquetball revenue and usage. Lambert said the court is heavily used during the winter,typically busy from 5-10 p.m.nightly, and brings in$14,000 in revenue on two courts (vs. $15,000 on three courts when the City had three). Some members join because of racquetball,which is harder to find these days, but their numbers are small compared to fitness users. Aho said everyone wants a wonderful facility,but to exceed the costs by 20%or more-14%even for the Scheme E proposal with all deduct alternates—is a big increase. In the future, projected cost increases should be built into the proposal. Costs are sure to rise even more. The City should look for cuts that don't impact usability. Butcher said the Parks Commission and Staff have already done that work, exhaustively. The Parks Commission is made up of taxpayers. She urged Councilmembers not to be shortsighted. The City has cash park fees to cover the difference and an excellent overall financial position,as evidenced by its AAA bond rating.The mission and vision for Eden Prairie is to provide a high quality of life. Estimating costs is very CITY COUNCIL MINUTES June 20,2006 Page 8 difficult and this level of increase is not unusual. Racquetball might get hot again too. It would be prudent to take the Staff and commission's recommendation. Case noted the backup plan simply to save the Community Center and make it livable, in the event of the referendum failing,would have cost$2 million, and would have come out of parks fees as well. Parks fees exist for the express purpose of enhancing the community. The City should not repeat the mistakes that were made with the original Center and the Oak Point pool. The Parks Commission members did examine the issue closely and knows well what other projects will have to be delayed by using parks fees toward the Community Center,yet still deemed spending them a wise decision. The Council would not be good stewards of the referendum money by building a non-functional facility. Tyra-Lukens asked Lambert to review the alternate process.Lambert explained going out with too many alternates makes bidders nervous and can cause them to bid the base project higher. The City is using deduct alternates(as opposed to deduct alternates) in the belief that it makes bidders more inclined to believe the City will do the whole project. Tyra- Lukens asked if there are too many alternates in the project. Lambert said no, but the number of alternates is maxed out and no more should be added. Tyra-Lukens said the decision is difficult. It is important to build a facility that residents will use and be proud of. Citizens often compare the Community Center to the ones in other cities. The proposed project is in no way extravagant compared to them. It would be far better to spend$8 million on a facility everyone is excited about than to spend$7 million and have people be disappointed. Tyra-Lukens said she disliked the$8 million price tag but the presence of the alternates made her comfortable enough to support the project. MOTION: Butcher moved, seconded by Case,to approve the motion. Tyra-Lukens clarified the motion approves the schematic plan,but does not require the City to build this version of the facility if bids come in high. Lambert said the motion directs Staff and the architect to design this specific building and do plans and specifications so it can be bid. The Council retains the option to eliminate the racquetball courts or make other changes. MOTION: Butcher moved, seconded by Case, to approve Schematic Plan E as per the recommendation of the Parks,Recreation and Natural Resources Commission with a cost estimate without alternates of CITY COUNCIL MINUTES June 20,2006 Page 9 $8,060,500; and a net cost estimate with alternates of$7,595,500. Motion carried 4-1 with Young opposed. 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 8:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel,Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Lee Emerson Nightengale—3 cats Raffle , Organization: SAVE(Suicide Awareness Voices of Education) Place: Bearpath Golf&Country Club Date:August 14, 2006 Amendment to s Liquor License q ( ) 2AM Closing Permit-Renewal Eden Prairie Jakes Inc DBA: Jake's City Grille Champps Operating Corporation DBA: Champps Americana New Liquor License Licensee name: Armies Restaurants II,LLC DBA: Canyon Grille 13000 Technology Drive Amendment to Liquor License 2AM Closing Permit Licensee name: Annies Restaurants II,LLC DBA: Canyon Grille - 1 - CITY COUNCIL AGENDA DATE: July 18,2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Community Eden Bluff Business Park Phase 2-4 Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: , Approve 2nd Reading of the Ordinance for PUD District Review and Zoning district Change from Rural to Office and Neighborhood Commercial; and • Approve the Development Agreement for Eden Bluff Business Park Phase II-IV; and • Adopt a Resolution for Site Plan Review; and • Approve and Authorize Issuance of a Grading Permit for Eden Bluff Business Park Phase II-IV subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 6, 2006, as approved by the City Council. Synopsis This is approval of the developer agreement to permit the construction of 422,076 square feet of office and 18,800 square feet of commercial. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement EDEN BLUFF BUSINESS PARK PHASE II-IV CITY OF EDEN PRAIRIE ]HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2006-PUD-13-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development Office and Neighborhood Commercial Districts 18-2006-PUD-13-2006 (hereinafter "PUD-13-2006-C-REG"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 18,2006, entered into between Eden Bluff Holdings LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-13-2006-C-Office-Neighborhood Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-2006-Office-Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2006-Office-Neighborhood Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-13-2006-Office—Neighborhood Commercial are justified by the design of the development described therein. D. PUD-13-2006-Office-Neighborhood Commercial is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be,and hereby is removed from the Rural Zoning District, and placed in the Office and Neighborhood Commercial Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-13-2006-Office—Neighborhood Commercial and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable Section 11.99 entitled ble to the Entire City Code Including Penal for Violation and PP tY g Penalty "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6TH day of June 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of July, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Legal Before Final Plat Outlot B Eden Bluff Highlands Legal After Final Plat Rezoning from Rural to Office Lots 1 and 2, Block 2 Eden Bluff Highlands 2nd Addition Lot 1,Block I,Eden Bluff Highlands 2nd Addition Legal After Final Plat Rezoning from Rural to Neighborhood Commercial Outlot A,Eden Bluff Highlands 2nd Addition EDEN BLUFF BUSINESS PARK PHASE 2-4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 18-2006-PUD-13-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at Charlson Road and Highway 212 from the Rural Zoning District to the Office and Neighborhood Commercial Zoning Districts on 28.11 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) EDEN BLUFF BUSINESS PARK PHASE 2-4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN BLUFF BUSINESS PARK PHASE 2-4 BY EDEN BLUFF HOLDINGS LLC WHEREAS,Eden Bluff Holdings LLC,has applied for Site Plan approval of Eden Bluffs Business Park Phase II-IV to construct 422,076 square feet of office and 18,800 square feet of commercial,by an Ordinance approved by the City Council on June 6,2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its May 8, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its June 6, 2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Eden Bluff Holdings LLC based on the Development Agreement between and the City of Eden Prairie, reviewed and approved by the City Council on July 18,2006. ADOPTED by the City Council of the City of Eden Prairie this 181'day of July,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPER'S AGREEMENT EDEN BLUFF BUSINESS PARK PHASE II-IV THIS AGREEMENT, made and entered into as of July 18, 2006, by EDEN BLUFF HOLDINGS LLC, a Minnesota limited liability corporation , hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City"; WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment Review on 28.11 acres, Planned Unit Development District Review on 28.11acres, Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres, Site Plan Review on 28.11 acres and Preliminary Plat of 28.11 acres into 4 lots, all situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and; NOW THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Office and from Rural to Neighborhood Commercial,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of the property as follows: 1. Developer shall develop the Property in conformance with the materials revised and stamped dated June 6, 2006, reviewed and approved by the City Council on June 6, 2006, and attached hereto as the Plans, subject to such changes and modifications as provided herein. 2. EXHIBIT C Developer agrees to the terms, covenants, agreements and conditions set forth in Exhibit C. 1 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to development of, or construction on the Property or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however,City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees),damages and injunctions relating to any acts,failures,errors or omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents; provided, however, that the indemnification obligations of Developer set forth herein shall not extend to such matters arising out of the City's own negligence. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13,2001,by Westwood Professional Services,Inc.(hereinafter referred to as Design Framework Manual"). Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C,attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips,wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a 2 drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN(SWPPP): Prior to issuance of a land alteration permit, Developef shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond,Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Prior to building permit issuance for any lot within the Property,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas for such lot. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of the occupancy permits for any structure on such lot. 8. LANDSCAPE PLAN: Prior to building permit issuance for any lot within the Property, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for such lot. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond or letter of credit in an amount equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of the occupancy permit for any lot, Developer shall complete implementation of the approved landscape plan for such lot in accordance with the terms and conditions of Exhibit C. The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said landscape bond as provided above,and provided that the rights of the City as obligee under such bond are not impaired or affected in any manner by any default or failure of 3 the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor. 9. PERFORMANCE STANDARDS: Developer agrees that the development of the Property will occur in a manner meeting all applicable noise,vibration,dust and dirt, smoke, odor and glare laws and regulations. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD(list PUD number): Front yard parking setback waiver from 35 feet to 17.5 feet. Building height from 30 feet to 42 feet for Phase II building. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on any lot, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls on such lot identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any such permit for said lot. 12. SIDEWALK AND TRAIL CONSTRUCTION: : Prior to issuance by City of any building permit on the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. 4 Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 13 SIGNS: Developer agrees that for each sign which requires a permit by Eden - Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 1 r.70, Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for lighting on the Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height.Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. TREE LOSS - TREE REPLACEMENT: Tree replacement required is 824 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 824 caliper inches. This approved plan shall include replacement shade trees of a 4-inch diameter minimum size and conifer trees with a 10-foot minimum height. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 16. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 26.38 acres for in the amount of $156,224.80 17. _ TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property,Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management(TDM)Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to issuance of the building permit for the Property,Developer shall furnish to the 5 Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security") equal to 100%of the cost ( of implementing the first to (2)years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees: A) 3 months after a certificate of occupancy has been issued. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the currerrt tenants, the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: Upon completion of items associated with plan start up. After 1 calendar year of TDM plan implementation After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained for the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 18. PROPOSED COMMERCIAL SITE:Prior to building permit issuance a site plan review is required for the proposed commercial site including a review by the Planning Commission and City Council. 19. PUBLIC STORM SEWER PLANS: Prior to issuance of a building permit for Lot 1,Block 2 of the Property,Developer shall submit to the City Engineer,and obtain 6 the City Engineer's written approval of plans for the public storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall construct the public storm sewer utility improvements as shown in Exhibit B Plans Developer shall complete implementation of the approved plans prior to issuance of any occupancy permit for the Property. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. Developer shall complete implementation of the approved plans prior to issuance of any occupancy permit for the Property. 20. CROSS ACCESS, PRIVATE UTILITY, AND MAINTENANCE AGREEMENT: Prior to release of a final plat for the Property,the Developer shall enter into a cross access,private utility and maintenance agreements between Lots 1 and 2,Block 2, and between Lots 1 and Outlot A,Block 1,of the Property,the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas and driveways,water and sanitary sewer services and storm sewers. All of these facilities shall be privately owned and maintained by the Owner of the Property. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the agreements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. 21 STORM SEWER EASEMENT VACATION: Prior to issuance of a building permit for Lot 1, Block 2 of the Property, vacation of the underlying drainage and utility easement as indicated on the Plans must occur. 22. PRIOR DEVELOPMENT AGREEMENT: As to the Property this Agreement supersedes in its entirety the Eden Bluffs Holdings-Hennepin Village Development Agreement, dated April 26, 2005 and Eden Bluffs Corporate Center Phase 1 dated October 18, 2005. 7 Eden Bluff Holdings LLC CITY OF EDEN PRAIRIE a Minnesota limited liability corporation By: United Properties Investment LLC, a Minnesota limited liability company Nancy Tyra-Lukens, Mayor Its: Sole Member By: Frank J.Dutke Its: Executive Vice President Scott H.Neal, City Manager By: William P.Katter Its: Vice President STATE OF MINNESOTA ) ) 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by Frank J. Dutke, and William P. Katter, executive vice president and vice president of United Properties Investment LLC,the sole member of Eden Bluffs Holding LLC,on behalf ofthe limited liability company. Notary Public 8 EXHIBIT A LEGAL DESCRIPTION-Eden Bluff Business Park Phase II-IV Legal Before Final Plat Outlot B Eden Bluff Highlands Legal After Final Plat Lots land 2,Block 2 Eden Bluff Highlands 2nd Addition Lot 1, Block I,Eden Bluff Highlands 2nd Addition ' Outlot A, Eden Bluff Highlands 2nd Addition EXHIBIT B PLANS—EDEN BLUFF BUSINESS PARK PHASE H-IV 9 Title Sheet, stamped date June 6,2006,by Westwood Professional Services Site Plan, stamped dated June 6, 2006,by Westwood Professional Services Preliminary Plat, stamped dated June 6,2006 by Westwood Professional Services Civil Site Plan Phase II, stamped dated June 6, 2006, by Westwood Professional Services Civil Site Plan Phase III-IV, stamped dated June 6, 2006,by Westwood Professional Services Grading Drainage and Erosion Control Plan,Phase 11, Stamped dated June 6,2006,by Westwood Professional Services Grading Drainage and Erosion Control Plan, Phase III-IV, Stamped dated June 6, 2006, by Westwood Professional Services Landscape Plan L-1, stamped dated,June 6,2006, by Westwood Professional Services Landscape Plan L-2, stamped dated,June 6,2006, by Westwood Professional Services Phase II Building Floor Plans A-3, stamped dated, June 6, 2006, by Pope Associates, Inc. Phase II Building Floor Plans A-4, stamped dated, June 6,2006, by Pope Associates,Inc. Phase 11 Building Exterior Elevations, stamped dated, June 6,2006, by Pope Associates, Inc. Phase III Building Floor Plans, stamped dated,June 6, 2006, by Pope Associates, Inc. Phase III Building Exterior Elevations, stamped dated, June 6,2006,by Pope Associates,Inc. Phase IV Building Floor Plans, stamped dated, June 6,2006, by Pope Associates, Inc. Phase IV building Exterior Elevations, stamped dated, June 6, 2006, by Pope Associates, Inc. Phase III-IV Site Photometric Plan, stamped dated,June 6,2006, Phase II Site Photometric Plans,tamped dated, June 6, 2006,by Pope Associates, Inc. Site Fixture Specifications/Schedule, stamped dated, June 6, 2006, by Pope Associates, Inc. EXHIBIT C -DEVELOPMENT AGREEMENT- EDEN BLUFF BUSINESS PARK PHASE II-IV 10 I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property,except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City (the"Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et.seq.,or Minn. Stat., Sec. 115B.01,et seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as 11 "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. 12 XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, and cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the.City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the . 13 City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. 14 EXHIBIT D DEVELOPMENT AGREEMENT—EDEN BLUFF BUSINESS PARK PHASE H-IV AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2006,between the City of Eden Prairie,a municipal corporation,(the"City")and a Minnesota (the"Owner"). A. The Owner holds legal and equitable title to property described as Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the"Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: I. The Owner consents to the levying of assessments against the Property in the amount of $156,224.80 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement may be terminated only with the written consent of all the parties hereto. OWNER CITY OF EDEN PRAIRIE Eden Bluff Holdings,LLC A Minnesota Municipal Corporation A Minnesota limited liability company By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 52006, by Frank J.Dutke,and William P.Katter,the executive vice president of United Properties Investment, LLC,the sole member of Eden Bluff Holdings,LLC,on behalf of the limited liability company. the_ a Minnesota ,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 16 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5566 ITEM NO.: VII. C. Alan Gray Approve Jurisdictional Transfer Public Works/Engineering Agreement No.PW 18-49-06 with Hennepin County for the Realignment of County Road 4 south of Co.Road 1. Requested Action Move to: Adopt resolution approving Jurisdictional Transfer Agreement No.PW 18-49-06 with Hennepin County for the realignment of County Road 4 south of County Road 1. Synopsis This Agreement serves as the means to officially designate the new Eden Prairie Road and Spring Road alignment as County Road 4 (see attached). The recently constructed realignment of County Road 4 was one of the primary components of the now completed Charlson Area Road Improvements. Background Information The realignment of County Road 4 south of County Road 1 (Pioneer Trail) consists of the new of Grace Church. This alignment of Eden Prairie Road and Spring Road to the south and west � P g new alignment allows for the removal of the existing jog in County Road 4 at County Road 1. The realignment, which was completed in 2004,was one of the primary components of the Charlson Area Road Improvements. Although the roadway improvements are now complete,the realigned roadway has yet to be officially signed and designated as County Road. This agreement transfers jurisdiction of the roadway to Hennepin in County and will allow them to officially sign and designate the realigned roadway as a County Road. With this agreement the County will take jurisdiction of the newly constructed alignment of Eden Prairie Road and Spring Road. In addition,the City will take jurisdiction of the segment of Mitchell Road/Spring Road on the east side of Grace Church between County Road 1 (Pioneer Trail) and the new County Road 4 alignment. In lieu of physical improvements to the roadway the County is providing a one time payment of$70,800 to the City. The payment is based on the estimated cost of providing a full width bituminous overlay and curb and gutter on one side of the roadway. Attachments • Resolution • Agreement for Jurisdictional Transfer • Jurisdictional Transfer Figure CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- APPROVE JURISDICTIONAL TRANSFER AGREEMENT NO.PW 18-49-06 WITH HENNEPIN COUNTY FOR THE REALIGNMENT OF COUNTY ROAD 4 SOUTH OF COUNTY ROAD 1 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the County of Hennepin and the City of Eden Prairie have agreed on the jurisdictional transfer to the City of Eden Prairie that portion of CSAH 4 (Spring Road/Mitchell Road)between CSAH 1 (Pioneer Trail) and the new alignment of Spring Road;and WHEREAS, the County of Hennepin has agreed to revoke the County State Aid No. 4 designation from the portion of CSAH 4 (Spring Road / Mitchell Road) between CSAH 1 (Pioneer Trail) and the new alignment of Spring Road; and WHEREAS, the County of Hennepin and the City of Eden Prairie have agreed on the jurisdictional transfer to the County of Hennepin the newly constructed alignment of Eden Prairie Road and Spring Road between CSAH 1 (Pioneer Trail)and existing CSAH 4;and WHEREAS, the County of Hennepin has agreed to designate as County State Aid Highway No. 4 the newly constructed alignment of Eden Prairie Road and Spring Road between CSAH 1 (Pioneer Trail)and existing CSAH 4; and WHEREAS, County of agreed a the City of Eden Prairie the sum of the Co ty Hennepin has agre to pay ty $70,800 in lieu of physical improvements to the segment of roadway transferred to the City by the County. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that the above revocation and designation of CSAH 4 are in all things approved. A Agreement BE IT FURTHER RESOLVED b the City Council of the City of Eden Prairie that y tY tY �' No. PW 18-49-06 with the County of Hennepin is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 18, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No.PW 18-49-06 County State Aid Highway No.4 City of Eden Prairie County of Hennepin AGREEMENT FOR JURISDITIONAL TRANSFER THIS AGREEMENT,Made and entered into this day of , 2006,by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the"County", and the City of Eden Prairie,a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the"City". WITNESSETH: WHEREAS,County State Aid Highway(CSAH)4(Spring Road)lies within the corporate limits of the City;and WHEREAS,the County and City have been discussing the future realignment of CSAH 4 south of CSAH 1 (Pioneer Trail); and WHEREAS,this realignment would eliminate the existing jog in CSAH 4 at CSAH 1; and WHEREAS,the City has built a new southern leg from the intersection at the west junction of CSAH 4 and CSAH 1 extending southwards to connect to existing CSAH 4; and WHEREAS,the County and the City have been negotiating to bring about the transfer of jurisdiction of the above mentioned newly constructed segment from the City to the County, and a corresponding roadway designation change; and WHEREAS,the County and the City have also been negotiating to bring about the transfer of jurisdiction of the existing CSAH 4 between the east junction of CSAH 4 and CSAH 1 to the junction with the above mentioned newly constructed segment from the County to the City; and WHEREAS,the City has expressed its intent to accept jurisdiction of the existing CSAH 4 between the above mentioned limits; and WHEREAS,dependent upon the condition of the roadway,the County normally overlays the roadway or provides a cash equivalent for same to a City in conjunction with a jurisdictional transfer of a County roadway to a City;and - 1 - WL Agreement No.PW 18-49-06 County State Aid Highway No.4 NOW THEREFORE,IT IS HEREBY AGREED: I It is understood and agreed that the County will transfer jurisdictional control to the City that portion of CSAH 4 beginning at the east intersection of CSAH 4 and CSAH 1 south along existing CSAH 4 a distance of approximately 0.47 miles to its intersection with the afore referenced newly constructed Spring Road as shown on Exhibit"A", attached hereto and by this reference made a part hereof. The County will revoke the designation of CSAH 4 as a County State Aid Highway between the referenced limits within the City,and the City will accept jurisdiction of that portion within its limits under provisions of Minnesota Statutes, J P Section 162.02(2004). Upon approval of this Agreement,the County will request that the Commissioner of the Minnesota Department of Transportation remove that portion of CSAH 4 as described above from the County State Aid Highway System. The City,by this Agreement, concurs in this change of designation and jurisdiction. The City agrees to accept such conveyance subject to existing encumbrances such as permits and easements. II It is understood and agreed that the City will transfer jurisdictional control to the County the afore referenced newly constructed roadway segment beginning at the west junction of CSAH 4 and CSAH 1 south along said newly constructed roadway segment a distance of approximately 0.64 miles to existing CSAH 4 as shown on Exhibit"A". Upon approval of this Agreement,the County will request that the Commissioner of Transportation of the State of Minnesota designate the above mentioned roadway a County State Aid Highway of Hennepin County to be numbered and known as County State Aid Highway 4. The Countyagrees to accept such conveyance subject to existing encumbrances � P y J g such as permits and easements. III The jurisdictional transfer of the afore said roadway to the City from the County shall occur and become effective and all County interest related therewith shall cease upon issuance of the Commissioner Order by the Commissioner of the Minnesota Department of Transportation as set forth in Section I. Upon issuance of said order the County will remove all County route markers from the subject segment of CSAH 4 and all directional signage related thereto -2- Agreement No.PW 18-49-06 County State Aid Highway No. 4 The jurisdictional transfer of the afore said roadway to the County from the City shall occur and become effective and all City interest related therewith shall cease upon issuance of the Commissioner Order by the Commissioner of the Minnesota Department of Transportation as set forth in Section R. Upon issuance of said order the County will install all necessary County route markers for the subject segment of CSAH 4 and all directional signage related thereto IV Upon execution of this Agreement by the parties,the County will pay to the City $70,800.00 as full payment of an overlay($34,320.00), and curb and gutter repair/replacement($36,480.00)cash equivalent for that segment of roadway transferred to the City from the County. V Each party will provide the other with the following information and records,to the extent that they are available for the routes to be transferred. 1. As-built construction plans,and microfilm records. 2. Inventory data. 3. History of most recent betterments. VI Each party to this Agreement shall not be responsible or liable to the other or to any other person whosoever for any claims,damages,demands,judgments,fines, penalties,expenses,actions, or causes of actions of any kind or character arising out of or by reason of the negligent performance of any work or part hereof by the other in connection with the roadway jurisdictional transfer provided for; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of past and future work performed by it on the transferred roadway. VII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City's Director of Public Works or a designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. -3 - Agreement No.PW 18-49-06 County State Aid Highway No.4 VM It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications,or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. IX , The provisions of Minnesota Statutes 2005, Section 181.59 and of any applicable local ordinance relating to-civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though full set forth herein. Y (this space left intentionally blank) -4 - ' W� Agreement No.PW 18-49-06 County State Aid Highway No.4 IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Administrator Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: And: APPROVED AS TO FORM: Assistant/Deputy/County Admire' trator By- Date: s stant County Attorney ��[/ Date: 0 And:Assistant County Administrator,Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director,Transportation Department and County Engineer Date: Date: -5 - W ROL 1 C OR. ASC07 u a C I DAKOTA Mrt h.11 .(• S �• I-LAIR L.A. LONE DAK FRL = LAKE TA.BISCAYNE BLVD. 7ECxNOLOGY C� 1 .. o,OTxYa�a cu. s= Lak. 1\(\1t1t °sr 75.SAVANNAH CDC 7. ,. City a SPRING as B (� 'd aIRY 29 WRL Hall �� Wy g .� •PPMA RDPST CT. ^• ^O u r �S10N BAY F LA 1C NE3QIT5< `RD. µ Pr ALLCENTa`a�{ a (((� C! l S CIEWE M OAK ROJL C C t P,� �5 �• G 9 r O Vr •W' oa WLLER PKWY. 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ILF F ti %~�Sb LSU.rLEDMAN Nar 'r9j In am PAT LA M.A.C. `,e QIeRLANO ISL HANSON CT. R. /� •'� F"'YT Qt. `-� tURNBULI RD. 1 4 ' 2 g V I R t; Designation CSAH 4 February 2005 Located in the City of Eden Prairie Hennepin County, Minnesota N ■ ■ ■ ■ ■ ■■ ■ ■ � Revocation Existing CSAH 4 - 0. 47 Mi Designation new CSAH 4 - 0. 64 Mi D:\Ttp\revocatLon3--edeeagnatLona\CSAH_004_Eden_Prauie-Rd.dgn Hennepin County Agreement No.PW 18-49-06 Exhibit"A";Sheet 1 of 1 `• I � � oR ascor sy BAKOTA M C04411 .(' T s �• ri.BELAIR LA. LONE O AK Rk CM \\\\\\ CBL /-i� !^' Bqy '04 LAm OR. ,W (y To.BISCAYNE BLVD. Ry,V �,LS- O• aloTiro� V '• v 75.SAVANNAH CIK .�- TFFJ�NOLOGT Cit aEARsrmlNc , aW B `\ �'d�_ WALLACEbi l u Hl _ U S•!qF ti ARCA RD�R. ° �E �i2. .-�st� RAY.- i'i j LA. NEf6NTS< F& ., /J�j °f• a<ac tr`a*{ ea,a sr. o i r � r�ao. 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F NICK ^ 13T.KJLOARE WAY R i �Jss R0. Si 9 -A! H w' - -al tR. 13a.NORTCERN Ltan iR. �. 1x 3. e�` 5T l. 8 CNELL� � BEVErLrn. tom`• aB. 2i p 3 g 142.HLL°NAr w // A@ LA. CT•_p RERMt' PTONEER RT$' u6. 5y u` / u3.GARLANDS `• 144 y <' us.ALMOND LA. m W F E.SUd At R/�,,_ a 146.BANYAN LA. 147.CROCUS LA. iJey 1 W ew"p tN'� �J SSLRRI.P HILLTOP R0. 1 .{' r O LL 9 Z fi, - VHyEY SJffT LANp VALLEY RO. N Y 1 z �� tR• LSI. pp. g pil( C _ RATH PL `T• PtOHFER ARA IJ CKBFARy CL RD• r� x (y, W�• < '+Y AO pA�CT m . rP� oD RDk s DR a � I °~ �+ iii BE SAT AE'R.ten 122 SPQJSER SWEET FEE LA. ARKTJP`r1, COLS CT•%HAtta' L CL 124.NOTERRRTHRUPTR 7R. 12L PEEP oroAY TFL tP l OM`T ALCu{F u g+ 126.IAGING COI. sIRAW BE yRr�L lYV•C JR. TR� g�� PROSPECT JLZL u�rCV OBE oR. CT.� ' �oRET 9AWRA 4R j I J$� 129.HIRCDOCK TERIL V avay 3 130.nomm CT. Flying Cloud L,EAP`ORER Cam, „ 7�•R a d RIDGE R T6HT J3L CRTYSON CLOVER LA. Airport IJ t33.OLIVA Cr. P PATR!t�""\`� t5l WIMMAN WAY �i DR.AN BUSH LA. M.A.C.f� V ,� J4ERL.WD 1 132.RANSON CT. V ft HVE �C •9\ F�Yf�3'� �"_ il&IA9l1LL RD. O • %oll g Ok E Clftk G Designation i CSAH 4 February 2005 Located in the City of Eden Prairie Hennepin County, Minnesota N ■■■■■■■■■� Revocation Existing CSAH 4 - 0. 47 Mi Designation new CSAH 4 - 0. 64 Mi 0-\Ttp\revocations-redesignations\CSAH-004-Eden-Prairie-Rd.dgn Hennepin County Agreement No.PW 18-49-06 Exhibit'W';Sheet 1 of 1 `s ' CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.#06-5681 ITEM NO.: VII.D. Rod Rue Approve Professional Services Public Works/Engineering Agreement with S E H, Inc. for Conceptual Plans for the Reconstruction of Dell Road between Crestwood Terrace and Flying Cloud Drive Requested Action Move to: Approve Professional Services Agreement with S E H,Inc. for conceptual plans for the reconstruction of Dell Road. Synopsis This Professional Services Agreement will review horizontal and vertical alignment options for reconstructing Dell Road from approximately Crestwood Terrace to Flying Cloud Drive (existing TH 212). The result of this engineering work will provide us with preliminary roadway and storm sewer plans and a preferred alignment for this section of Dell Road. The Professional Services Agreement has an estimated cost of $49,019. The project is recommended to be financed with State Aid funds and special assessments Background Information While the construction of this project is not expected in the near future, there is some development potential in this area. The properties adjacent to this corridor will likely have significant impacts associated with the reconstruction of this roadway. These conceptual plans will identify the impacts and expected right-of-way needs for this roadway corridor. Attachments • Professional Services Agreement • Exhibit A-Proposal letter STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 18t" day of Jam[, 2006, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliott Hendrickson Inc. (SEH), a Minnesota consulting firm (hereinafter"Consultant") whose business address is 10901 Red Circle Drive, Suite 200, Minnetonka, MN, 55343. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements,with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Preaaration of Conceptual Plan/Profile and Cross Sectional Drawings for the Reconstruction of Dell Road hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work The Consultant agrees to provide the professional services shown in Exhibit"A" (Project Proposal Letter dated July 7,2006) in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within a mutually agreeable time schedule. 3. Compensation for Services. City agrees to pay the Consultant on a hourly basis plus expenses in an amount not-to-exceed$ 49.019.06 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in additional compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. 1 B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the Work. D. Owners Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on amonthly basis, itemized bills for professional services performed. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Paul J. Pasko III, PE and Aaron T. Ditzler, PE to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Paul J. Pasko III. PE or Aaron T. DiWer, PE, from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surreys, drawings, maps, models, photographs, 2 i and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from July 18. 2006 through September 29, 2006 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 12. Subconsultant. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subconsultant involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subconsultant. If the Consultant fails within that time to pay the subconsultant any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subconsultant on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is$10. For an unpaid balance of less than$100, the Consultant shall pay the actual interest penalty due to the subconsultant. A subconsultant who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement; nor any interest arising herein, without the written consent of the other party. 3 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section*13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnffi-cation. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subconsultants in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000.for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. 4 C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27, Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2.9. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 5 30. Whole Agreement This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Short Elliott Hendrickson Inc. (SEH) By: Its: P:1AE1E1Edenp\o4o100\1 GenK10-proposaltStandard Agt-E P Prof Services 06-29-06.DOC 6 i i i J SEH EXHIBIT A December 5,2003 RE: City of Eden Prairie January 9,2004(Revised) Reconstruction of Dell Road June 16,2006(Revised) Preparation of Conceptual Plan/Profile and July 7,2006(Revised) Cross-Section Drawings SEH No.P-EDENP0401.00 10.00 Rod Rue,P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc. (SEH) thanks you for the opportunity to assist the City of Eden Prairie (City)with the referenced project. For your reference,we have enclosed a location map for the limits of the project labeled Drawing No. 1. We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the project area for a not-to-exceed fee of$49,019. Based on the meeting discussion at City Hall on March 29, 2006, the footnotes at the end of the THB contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement For Professional Services (Agreement). A copy of this document has been enclosed. Upon receiving authorization to proceed, we will immediately commence work on the project. We estimate the project will adhere to the following schedule: DATEn ACTITYITASKal ..,r r July 18,2006 Notice to Proceed July 21,2006 1.0 Information Gathering Complete July 28,2006 2.0 Base Mapping Compilation Complete August 4,2006 3.1.1 Kickoff Meeting Complete August 25,2006 3.1 First Conceptual Road Alignment and Profile Design Iteration Complete September 15,2006 3.2 Second Conceptual Road Alignment and Profile Design Iteration Complete September 29,2006 5.0 Preparation of Deliverables Complete Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka,MN 55343-9301 SEH is an equal opportunity employer I www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax Ii I Rod Rue,P.E. July 7,2006 I Page 2 The Agreement, Exhibit A, Drawing No. 1,and the THB represent the entire understanding between the City and us with regards to the project. We are looking forward to assisting the City with the preparation of conceptual plan/profile and cross section drawing services for this project. If this letter satisfactorily defines our role in this project,please sign and date both letters and return one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2611 or ppaskona sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Paul J.Pasko III,PE Project Manager Accepted this day of ,2006 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Scott Neal,City Manager atd Enclosures c: Dave Halter,SEH(with all enclosures) Brad Woznak, SEH(with all enclosures) Wayne Wambold,SEH(with all enclosures) p:Gaeleledenp10401000genrtl0-pmposa4mposa11tr070706.doc - PIONEER RAIL(C.S.A. . DELL ROAD CRESTW OD TERRACE PROJECT LOCATI N TRAIL EXTENSION T RN U L S HIG WAY NO. 2 N FILE NO. J/ RED CIR0.E DRNE.SLATE 200 P-EDENP0401.00 RECONSTRUCTION OF DRAWING /� XI901 H 952 912 8757FAX 9522--912-2607 DATE: DELL ROAD NO. 1 SEH P 7/7/0 6 S EH Task Hour Budget Eden Prairie,MN Reconstruction of Dell Road July 7,2006 ESTIMATED HOURS RS72MTW aaerrr lvosaer O^Tm rawscr tatoracr COST PR01gC1'TASKS . suruaea samuaca axcweea axctnua roams rear waxacm� arm 7 41aiormihoa Gat�rering`�r ;z. s" y ,;°, t c :.+ 1.1 Pro'ect site visit and photographs 4 4 1.2 Retrieve existing right-of-way and property line 2 m m r 1.3 Retrieve aerial contour and aerial topographic mapping 2 - r 1.4 Retrieve as-built drawings for Meadoweroft Road 2 interaeetioe r1 r s a 2.1 1 Add rightof--way and property line mapping data" 4 2.2 Add aerial contour and aerial topographic mapping sa 4 2.3 Add Meadowcmft Road intersection horizontal 6 ali mnent to aerial base ma in assr 2.4 Add Meadoweroft Road intersection vertical abgoment 4 ec aerial base anagpinaaaa t 3 0 Cortceptrul J3oa4 Alrgnmea�and YroGI�'�s-"op," First Desi �Itt'atlons. ..�-.P'.r,„F3 3.1.1 RickoffMeedo rt,ra 1 4 4 3.i2 Choose and develop a road section per City standards 2 3 and input aar 3.1.3 Create horizontal road alignment ar 8 24 24 3.1.4 Create vertical mad profile 410 8 24 24 3.1.5 Develop secret saver network wp'as.`r 2 10 10 11.6 Not used 3.1.7 Review int..,,Aons'11'`s'tl's's'41 2 16 16 3.1.8 Accommodate proposed Riley Creek trail crossing n 2 4 4 3.1.9 Estimate the height and length of retaining walls when 4 13 10 neceas "'sss 3.1.10 Create emss-sections W determine grading limits ss'rs 2 8 8 3.1.11 lForew and Issues Matrix rsw 2 8 3.1.12 Review meeting with Cityatalf 17.15 1 4 4 3.1.13 Nei hborhood Meetingasas 4 4 4 3eeond 3.2.1� Revise horizontal road alignment 2 1 10< w 10 3.2.2 Revise vertical mad profilem 2 1 10 10 3.2.3 Develop atom sewer natviork 11 2 4 4 3.2.4 Review intersection" 2 6 3.2-5 Accommodate proposed Riley Crank trail crossing n 1 2 3.2.6 Revise the estimated height and length of retaining 2 6 4 walls where neccnuy as 32.7 Revise crow-section to determine grading limits n 2 2 -2 3.2.8 Revise Forces and Issues Matrix a I 1 2 3.2.9 Review meeting with City staff'"I 1 4 4 32.10 Neighborhood Meetingss 4 4 4 s �d-0 StormwAter Manageioemt FaeWtrtl rssr r q,q t, 4.1 jDam collection and review s` 4 4.2 Determine facility locations ss 4 4.3 D ign facilitysr.rs 4 4.4 Prepare facility summary tart for inclusion in technical d memo 5.0 Frepso"a of Deliverahlto 31 5.1 Prepare a technical memo describing key elements of 1 4 8 2 our desim analysis and raeommend.W.sues 5.2 Prepare conceptual plmJprofile drawings for the entire _1 2 2 2 ro'ect area 23 sa 5.31 Prepare typical section drawingss 1 1 2 2 5.4 P m mu-section drawin uu1 1 1 2 2 5.51 Prepare Forces and Issues Matrix" I I 1 1 2 Page t of 3 cuvrr ewtec WATia Mawr eaoracr ESTE"T® rooJecr BWYtR a REtU x WMM unao"k AM9NTCCe COST PROJECT COST SUMMARY 1.0 Information Gathering Subtotal Hours 4 10 1 Subtotal Labor Cost $549.36 $1 003.00 Sit-57 2.0 Base Mapping Com ilatioo Subtotal Hours 16.0 - 161 Subtotat Labor Cad 51582.56 51582. 3.0 Case"net Road Ali umeot and Profile Subtotal Hours -3 66 M.11737.60 134 37 Subtotal Labor Cast $511.25 $9 064.44 S13 253.94 S40.167.231 Subtotal Expensesp S71.201 Subtotal S40ANA31 4.0 Ston rwater Management Facilities Subtotal Hours 16 1 Subtotal Labor Cast St 78.44 S11378. 5.0 Preps Non of Deliverables SnMotel Hours I 8 13 6 10 3 Subtotal Labor Cost S170.42 $1093.72 SI 10.40 S593.46 S825.30 S3,998 Subtotal Ex $26" Subtotal S4 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $49,019.0 L runatmun.mio.p•e•..rymaomman.W...am NOTES c Includes the CARD files for the Southwest Area Water&Sewer Study project in 1995 and the Eden View Estates Plans dated 2/10106 provided by the City 'Data shown in the CARD foes are accurate enough for use in this project s Topographic surveys,property boundary surveys,wetland delineation surveys,and free surveys will not be executed with this project Gopher State One Cell design locale not included due to existing public and private utilities not being considered during this conceptual design Assumes we can choose a satisfactory minimum typical roadway section from detail drawing R-t in the City's Standard DetailSpecifications for Construction,Walkways,and Pavement Restoration revised in 2006 °Assumes the information collected in Note 5 with previous City input allows us to utiftzo the residentiekwllector road section as shown in detail drawing R-3 in the City's Standard Detail Specifications for Construction,Walkways,and Pavement Restoration revised in INS Assumes we can substitute an T wide bituminous trail instead of the 5'wide concrete sidewalk shown In detail drawing R-3,along one side of Dell Road (DR)between the intersection of Crestwood Terrace(CT)and Highway 212.This trail length includes a section along previously reconstructed DR from about 300'south of CT to the intersection of CT `Shall most State Aid design criteria at a design speed of 35 miles per hour °We will develop up to four(4)conceptual alignments for the one(1)road section discussed in Notes 5&6 that minimize impacts to adjacent private property 10 We will develop up to four(4)conceptual alignments for the one(1)road section discussed in Notes 5&6 that achieve a satisfactory match point between what might be DR's ultimate road section and the surrounding topography t t Revise the four(4)conceptual networks referenced in Task 3.1.5 based on comments received from the City .12 Cross sedans will be prepared for Meadowcroft Road(MR)or Turnbull Road(TR)at this time "Horizontal and vertical trail alignments provided by City Parks Department on the same horizontal and vertical datum as CADD files for Southwest Area Water&Sewer Study project in 1995 t�Assumes retaining walls will be concrete,not tiered modular block t`Based on DR's conceptual horizontaf and vertical alignments,we will estimate the height and length of any retaining wall profiles 0 measures are necessary to minimize adjacent property impacts along the length of DR 16 Includes grading limits shown with and without retaining wells 17 Review meeting may be on-site c`Meeting will only be with City staff "2 facilities are needed along the length of the project.One facility each in the Riley Creek and Minnesota Rrvx watersheds m Two(2)copies 21 Includes a summary of required right-of-way acquisition area and locations and how to detain and treat soma water runoff generated by this project `t Recommendations will be based on the following assumptions: • The existing Riley Crook culvert location and capacity will not be analyzed during this conceptual design • The existing and future sanitary sewer and water distribution systems will not be analyzed during this conceptual design • Sanitary sewer main,water main,and private utilities will not be considered during this conceptual design.It will be assumed that the public and private utilities will be relocated as needed along the recommended improvements • DR's existing roadway section north of CT operates at a satisfactory level of service.Thus,the reconstruction of DR within this projecl's limits will not require additional traffic lanes or traffic capacity analysis • While we will develop up to four(4)conceptual horizontal and vertical alignments for DR,TR and MR we will recommend only one(1)alignment to the City for DR TR and MR • An opinion of probable cost will not be developed at this time v Two(2)sets at a scab of 1'=0'(I I'x 17"sheets) Page 2of3 "Drawings include the following: • Aerial topography files with two-foot contour: • Estimated locations of existing right-of-way and property lines • Location of the recommended horizontal road canterline alignment for DR and the affected portion of TR and MR at the intersection with DR • Locations of recommended beck of curb,edge of Pavement,retaining wall,and edge of bituminous trail The recommended vertical profile compared to the existing roadway profile • Horizontal and vertical alignment for the proposed Riley Creek trail • Proposed grading limits along the entire length of the project • Location of the recommended alignment of the storm sewer system _'Two(2)copies(8.5"x I sheets) "Two(2)copies of cross-section drawings that correspond to the recommended horizontal alignment and vertical profile along the length of DR, TR,and MR "Soil borings,an evaluation of existing geotechrucal conditions,and recommendations to improve possible unsatisfactory road subgrade conditions wig occur later during the preparation of construction documents "Meet on-site to establish'book-end"horizontal and vertical alignment design parameters prior to starting the up to 4 conceptual alignments 19 Microsoft Excel document-columns are Forces(i.e.Alignment 1,2,3,&4),rows are Issues(La.Removal of home at 99W Deg Road) 7o Develop Forces and Issues with City Input "While possible MSA variances may be identified,no submittal or meeting with the MSA variance committee is included with this project "Includes the addition of the MR driveway easement n A detailed intersection analysis at US Hwy 212 will not be performed with this project. Efforts to match OR's existing profile rear US Hwy 212 along the proposed horizontal alignment may differ slightly from what currently exists ' 3'Revise the four(4)conceptual alignments referenced in Task 3.1.3 based on comments received fromthe City "Revise the four(4)conceptual alignments referenced in Task 3.1.4 based on comments received from the City Revise the intersection geometrics referenced in Task 3.1.7 based on comments received from the City "Revise the Riley Creek trail crossing referenced in Task 3.1.8 based on comments received from the City 'a Revise the retaining wall heights and lengths referenced in Task 3.1.9 based an comments received from the City "Revise the cross sections referenced in Task 3.1.10 based on comments received from the City a Revise the Forces and Issues Matrix referenced In Task 3.1.11 based on comments received from the City "Assumes the City will provide the horizontal and vertical alignment as-built drawings' "We will translate the as-built drawings referenced in Task 1.4 into the CADD files referenced in Task 22 Assumes the City prefers to receive feedback from residents after the first design iteration. If not,this meeting will take place after t e.second design iteration is complete ~We will develop up to four(4)conceptual networks one(1)for each alignment referenced in Task 3.2.1 "The network will utilize'rule of thumb'guidelines for catch basin spacing "Assumes the storm sewer alignment may utilize the trail corridor along Riley Creek developed by City Parks Department e Rather than prepare detail storm water runoff volume computations,we will increase the size of trunk storm sewer pipes to the next larger standard diameter at each sump manhole or catch basin unfit reaching an outflow structure _ 'r Assumes the information collected in Note 5 with previous City input allows us to utilize the residential collector road section as shown in detail drawing R-2 in the City's Standard Detail Specifications for Construction,Walkways,and Pavement Restoration revised in 1998 for TR and MR "We will develop up to four(4)conceptual horizontal alignments to a logical match point along both TR and MR for the one(1)road section discussed in Notes 5&48 that minimize impacts to adjacent private prop" 'We will develop up to four(4)conceptual vertical alignments to a logical match point along both TR and MR for the one(1)road section discussed in Notes 5&48 that achieve a satisfactory match point between what might be TR and MR's ultimate road sections and the surrounding topography "The horizontal and vertical alignment of TR will consider the garage slab elevations provided in the Eden View Estates Plans dated 2f10/2006 "The proposed horizontal and vertical alignment of MR will be based upon the as-built elevations provided in the as-built drawings for MR referenced in Task 1.4 "Use"rule of thumb"guidelines to both estimate the necessary facility surface area to treat storm water runoff and a nominal amount of freeboard above that facilitys surface to store runoff.The facility could be a structural water treatment manhole "Includes determining watershed management organization and City requirements One location will be chosen for each facility in both the Riley Creek and Minnesota River watersheds.The locations will not be chosen until the discovery is made of the recommended horizontal and vertical roadway alignment.Facility locations will not determine the recommended horizontal and vertical roadway alignment. '•Up to 2 iterations of facility design will be performed.An iteration will encompass each facility In both the Riley Creek and Minnesota River watersheds. An iteration will be triggered by a charge to the roadway typical section n We will design both the temporary(likely needed during construction activities)and permanent storm water management facilities at the Riley Creek and Minnesota River watershed locations.The temporary facilities are located within footprint of permanent stormwater management facilities u Includes the preparation of meeting graphics and technical backup of City Staff _"Includes 4 hours total time for a geotech nical engineering review of the grading limits Page 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Stuart A.Fox,Manager of Resolution Authorizing Acquisition of Parks&Natural Resources Tax Forfeited Lands Requested Action Move to: Adopt Resolution authorizing the disposal of three parcels of tax forfeited land by Hennepin County. Synopsis Attached is a list from Hennepin County Taxpayer Services certified as Non Conservation List No. 1372 C/NC. There are three properties that have been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. Staff is recommending conveyance of all three parcels to the City of Eden Prairie. As provided in State Statute 282,Hennepin County has requested the City to make a recommendation as to the disposal of these three land parcels. The City has the option to approve a parcel for public auction, approve a parcel for sale to an adjacent property owner, withhold a property from auction for one year,or request conveyance of the property to the City for a designated public use. The parcels of property are described as follows: Parcel PIN Description Pending Specials 1 23-116-22-21-0001 Outlot D, Lake Eden 0 2 23-116-22-24-0004 Outlot Q, Lake Eden 0 3 29-116-22-22-0165 Outlot B,Heritage Village 0 Recommendation Staff has reviewed all three parcels and recommends the following: Parcel No. 1 is a 24.2 acre parcel of land that is adjacent to land already owned by the City of Eden Prairie north of Eden Lake Elementary School. This parcel of land was originally to be dedicated to the City by the developer;however,the land was never dedicated,and therefore,staff is making the recommendation that now that it is tax-forfeited,that we request conveyance of this property for a wetland and open space. Parcel No.2 is a 5.1 acre parcel of land that lies south of Anderson Lakes Parkway,and is bordered by the road,as well as Homeward Hills Road. This is also a parcel of land that was to be dedicated to the City by the land developer;however,it was never deeded. Now that the parcel of land has gone tax- forfeited,staff is recommending that we request conveyance of this land,for wetland and open space. City Council Consent Calendar July 18,2006 Resolution Authorising Disposal of Tax Forfeited Land Page 2 of 2 Parcel No.3 is a small wedge-shaped parcel of land west of Dell Road and south of Hackberry Court. This parcel is only 1,909 square feet in size,and staff is recommending that we seek conveyance of this partial land to be used as road right-of-way. Attachments 1. Resolution 2. Parcel Maps 3. C/NC List No. 1372 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS,the City of Eden Prairie has received from the County of Hennepin Conservation/ Non-Conservation List#1372 C/NC,which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS, provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land; and WHEREAS,the City can approve the parcels for public auction,or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW,THEREFORE,BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: Parcels conveyed to the City of Eden Prairie for wetlands: PIN 23-116-22-21-0001 with no pending special assessments PIN 23-116-22-24-0004 with no pending special assessments Parcel conveyed to City of Eden Prairie for road right-of-way: PIN 29-116-22-22-0165 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 18'h day of July,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk lit. V5, 34-g',.�� all gam rn Z;7-- .'i Or -N ZX, Z7- it 7M 4i az. tn, e N� --,I,Ai ,vt A, -4L, A 6i -5 P�f LIP, IX OF _1. "x !^ SO 'in 'a`*-e. VOW --r,..., 0 low: „,,�a« q 9 e ,n,x'�- ^�.� �c.. E'� ' `''=r ""ter • �' 4}` � �� �a` -.,���- �� s rk j -,x(--f I -h F"A..,� i y--•-_y m �y._" q�2 yA�sRr ' +-„ r +z.,,,. #�`-�{,'�� tih5 ...1 t ✓� �41k, Ea '5. 1�y "1.,,, 'C .?- ? --^ r's s 3 1- 1' ��` - `� y e.tt i k-�'t ' ads't! rTi•-� —� `" ,yam. x ON g-qT` "h ,ten x,. [. .�i,. f '',- `?`}f-'" z�`J' 3-�^ a rP,' c., Y,�u-s� !J Rim ' _ x ✓ y a ' fr a o-: • tt y No 04 yx C,txNO INK 4- ,,y s E ti`r [ e ti y -! mist fE g.. Off'" r � C v" - "Y -. s, �_ F{���5�- • ' • _ � � � i, x �-. mac. - aS,� Pri v � c is� i � I • .�'' 'e4l" � •3 �- i. . ',4( r �� `i+� }Y.L..(�c��r1�.��s `h� j-�-i.,3�� .s TRU }� 3 Aar a AW � kk ,- 1 _.__............................._.-.r-- _.___ .__..._.._.-_-----------...... _._____.___.____.I......._ ._._....._..._...........w........................ .,..._. ......-.-.......__......_____:....._......_.._..____ . -----........ .............. 1372 Conservation/Non-Conservation List Property ID Number Target Previous Owner Special Property Address Area Date of Judgment Land Value Market Assessments Legal Tenants Prouerty Type C/NC Yes No Date of Forfeiture Building Value Value Before Forfeiture Description Vacant (as of 06/22/06) (61)Eden Prairie �ARCtc. � f 23-116-22-21-0001 No EDENVALE SOUTH INC 145,300 145,300 0.00 Vacant Land/1011-W Wetland/Eden Lake 61 ADDRESS 04/11/03 UNASSIGNED Non-Conservation 05/18/06 OUTLOT D LAKE EDEN 23-116-22-24-0004 No EDENVALE SOUTH INC 31,200 31,200 0.00 Vacant Land/1009-W 61 ADDRESS 04/11/03 Wetland/Pond UNASSIGNED Non-Conservation 05/18/06 1 OUTLOT Q LAKE EDEN � R 29-116-22-22-0165 No U S HOME CORPORATION 900 900 0.00 Vacant Land 61 ADDRESS 04/11/03 UNASSIGNED Non-Conservation 05/18/06 OUTLOT B HERITAGE VILLAGE 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VII. F. Stuart A.Fox,Manager of Approval of the Lower Purgatory Creek Parks &Natural Resources Nature Trail Bids Requested Action Move to: Award the bid for construction of the Lower Purgatory Creek Nature Trail to TrailSource LLC in the amount of$32,480. Synopsis In 2005 the City of Eden Prairie retained Brauer and Associates, Ltd.to develop a master plan for Edenbrook,Riley Creek, and Lower Purgatory Creek conservation areas. That plan was adopted by the City Council in December of 2005. Money was budgeted for Phase I portions of each conservation area plan for construction in 2006. Staff utilized Brauer and Associates to prepare plans and specifications for Phase I of the Lower Purgatory Creek Nature Trail. Bid packages were prepared and two quotes were received for construction of this nature trail. The bids are as follows: Company Bid TrailSource LLC $32,480 Arbor ate Horticultural $33,600 The plans and specifications were for construction of approximately 5,600 lineal feet of 48-inch wide nature trail. The consultant's estimate for this particular phase of the project was$35,000. Recommendation Staff recommends awarding the bid to TrailSource LLC in the amount of$32,480. Background The plan is to construct the trail portion of Phase I of the Lower Purgatory Creek Nature Trail plan in the current year. The plan specifications dictate that the trail would be installed at grade with minimal clearing and vegetation removal needed for placement of this trail. The trail will start at the blacktop trail that connects Homeward Hills Road to Wild Heron Point and proceed southerly to the existing nature trail that runs between Antlers Ridge and Branching Horn. In addition to construction of these nature trails, it is anticipated that the second bid will be prepared for installation of the various Purgatory Creek bridge crossings later this year. There is $200,000 earmarked for Phase I of the Lower Purgatory Creek Trail construction for expenditure in 2006. These moneys are set aside in the Capital Improvement Plan, and it is anticipated that, based on the current bids,the remainder of the project will come in at or below the projected estimated cost of$200,000 for Phase I. CITY COUNCIL AGENDA DATE: SECTION: Consent July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Community Development: Contract for Services—LHB Inc David Lindahl TIF Redevelopment Analysis P Y Janet Jeremiah The Solomon Group Redevelopment Requested Action: Move to: ■ Approve agreement with LHB Inc.to conduct inspections of the buildings and properties located at 11995 Flying Cloud Drive,8140 Flying Cloud Drive,8110 Eden Road,8100 Eden Road,and 8108 Eden Road,Eden Prairie,MN Synopsis: Staff is proposing to retain the services ofLHB to perform necessary inspections ofthe properties listed above to determine if the properties qualify for TIF assistance.The developer,The Solomon Group,will submit a deposit to the City to cover all consultant, legal, and staff costs related to the analysis. Background: Solomon is attempting to assemble and redevelopment the properties listed above into a new mixed use development.The developer expects the redevelopment costs to be high and will be looking for TIF assistance from the City and will also apply for grants funds from the Metro Council. Attachments: LHB Agreement for Services STANDARD AGREEMENT FOR PROFESSIONAL SERVICES (LHB—SOLOMON REDEVELOPMENT) THIs AGREEMENT is made on the 18 day of July, 2006, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and LHB, Inc, (hereinafter "Consultant") whose business address is 250 Third Avenue North, Suite 450, Minneapolis, MN 55401. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for a development analysis at the properties listed below and that are also shown as Exhibit C on Page 8 and hereinafter referred to as the"Work:" 11995 Flying Cloud Drive, Eden Prairie, MN 8140 Flying Cloud Drive, Eden Prairie, MN 8110 Eden Road, Eden Prairie, MN 8100 Eden Road, Eden Prairie, MN 8108 Eden Road, Eden Prairie, MN The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A"in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. In the event Consultant requests in writing to the City to expend time or incur costs relative to a claim against City that the real property described in Exhibit A is not a Redevelopment District or a Redevelopment Project within the meaning of Minnesota Statutes 469.174,subd.10 or 469.002 subd. 14, City will compensate Consultant at the hourly rates described in Exhibit B for the hours reasonably expended by Consultant and the costs reasonably incurred in connection with request. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. Intentionally Omitted. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with.Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 36, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Michael Fisher and Todd Koneczny to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Michael Fisher and Todd Koneczny from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from July 18, 2006 through, Auaust 31, 2006 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services fur nished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to 9 P 9 9 P 9 the subject matter hereof as well as any 9 previous agreements presently in effect between 1 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager LHB Incorporated Representative EXHIBIT A The Work The"Work" of Consultant shall consist of the following: 1. Consultant shall conduct such inspections and investigations of the real properties, buildings and situated within the proposed Redevelopment District hereafter described (the "real property"), and will provide to City its report including its findings, conclusions and opinion whether the real property qualifies as a Redevelopment District within the meaning of Minnesota Statutes § 469.174, subd. 10 and as a redevelopment project within the meaning of Minnesota Statutes §469.002, subd. 14. 2. The proposed Redevelopment District is as follows: 11995 Flying Cloud Drive, Eden Prairie, MN 8140 Flying Cloud Drive, Eden Prairie, MN 8110 Eden Road, Eden Prairie, MN 8100 Eden Road, Eden Prairie, MN 8108 Eden Road, Eden Prairie, MN EXHIBIT B Consultant's Compensation Consultant's compensation for its services shall be as follows: Compensation shall be on an hourly basis with the following key staff not to exceed $6,000 plus reimbursable expenses as follows: We propose to work on an hourly basis with the following key staff: ■ Project Principal, Michael Fischer(TIF analysis) $188/hour ■ Project Manager/Architect/Inspector, Todd Koneczny $110/hour ■ GIS/Planning $98/hour ■ Project Administrator (property owner contacts, documentation) $60/hour Reimbursable Expenses. Reimbursable expenses are in addition to compensation for professional services and include expenses incurred by LHB and its consultants. Mileage Current IRS rate Lodging & Meals 110% of cost Long Distance Telephone 110% of cost Copies $.15 each face Color Copies 11":x17" $2.00 per copy Color Copies 8-1/2"x 11" $1.00 per copy Postage and handling 110% of cost Fees Paid for Regulatory Approvals 125% of cost Photography 110% of cost Printing of Construction Documents 110% of cost Subconsultant Fees 110% of cost AutoCAD $15.00 per hour Plots— Bond $2.00 per copy Plots—Vellum $3.00 per copy Global Positioning System $150 per day Underground Utility Locator $25 per day Excess Project Insurance 100% of cost Renderings and Models 110% of cost EXHIBIT C Project Area r„ Boss E jje�t S \ F�.auflf ('h� i OKI W 84 , 0 aX CITY COUNCIL AGENDA DATE: SECTION: Consent July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VII.H. Community Development: Contract for Services—Ehlers&Ass. David Lindahl TIF Redevelopment Analysis Janet Jeremiah The Solomon Group Redevelopment Requested Action: Move to: ■ Approve agreement with Ehlers and Associates to conduct a financing analysis for the properties located at 11995 Flying Cloud Drive, 8140 Flying Cloud Drive,8110 Eden Road, 8100 Eden Road,and 8108 Eden Road,Eden Prairie,MN Synopsis: Staff is proposing to retain the services of Ehlers and Associates to perform a financing gap analysis for the proposed mixed-use redevelopment of the area that includes the NTI office building and four other contiguous properties(see Exhibit C of Agreement)to determine if public financial assistance is necessary to redevelop the site, and if so,to complete, process, and present a Tax Increment Financing Plan to the City Council. The developer,The Solomon Group,will submit a deposit to the City to cover all consultant,legal,and staff costs related to the analysis. Background: Solomon is attempting to assemble and redevelopment the properties listed above into a new mixed use development.The developer expects the redevelopment costs to be high and will be looking for TIF assistance from the City and will also apply for grants funds from the Metro Council. The consultants will perform a financing gap analysis to determine if TIF is indeed necessary. Attachments: Ehlers Agreement for Services i STANDARD AGREEMENT FOR PROFESSIONAL SERVICES (EHLERS-SOLOMON GROUP REDEVELOPMENT) THIS AGREEMENT is made on the 18 day of July,2006, between the City of Eden Prairie, Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ehlers and Associates Inc. (hereinafter"Consultant")whose business address is 3060 Centre Pointe Drive Roseville, MN 55113. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for a development analysis at the properties listed below and that are also shown as Exhibit C on Page 8 and hereinafter referred to as the"Work:" 11995 Flying Cloud Drive, Eden Prairie, MN 8140 Flying Cloud Drive, Eden Prairie, MN 8110 Eden Road, Eden Prairie, MN 8100 Eden Road, Eden Prairie, MN 8108 Eden Road, Eden Prairie, MN The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A"in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. f the Work. The Cityshall give thorough consideration B. Considerationo e Consultant's 9 9 to all reports;sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. Intentionally Omitted. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit upon completion of work itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations materials and supplies, and AutoCAD as required to expedite the work, PP and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Sid Inman, Senior Financial Advisor and Mark Ruff, Financial Advisor to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Sid Inman or Mark Ruff from the Project without the approval of the City. 2 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from July 18t' through December 31st, 2006 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, 3 disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy 4 shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$1,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 5 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and.complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Ehlers&Associates Inc. Representative 6 EXHIBIT A The Work 1. Consultant shall conduct a complete analysis of proposed redevelopments of the subject properties per the following work plan activities: ■ Review Solomon/Major Center East site developer pro formas • Review LHB preliminary TIF feasibility analysis • Recommend amount and type, if any, of range of public assistance ■ Attend requested meetings EXHIBIT B Consultant's Compensation The Consultant proposes to complete the activities listed in Exhibit A for an estimated fee of $15,000. Because the Consultant will bill their staff time at an hourly rate, the total fee may be less than estimated. If the project demands more time than anticipated, we will seek your guidance and approval before exceeding the above estimated range. The estimated time to complete the work is approximately 5 months from the date we receive information and begin. Consultant's compensation for its services shall be as follows: Compensation shall be on an hourly basis ($185 per hour) for the following staff but not to exceed $15,000. Senior Financial Advisor and Financial Advisor $ 185/hr 7 EXHIBIT C Project Area �3 Y __. SF1V igS 8100 IN c � a 0 "Mill 8240 `0 8 CITY COUNCIL AGENDA DATE: SECTION: Consent July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.I. Community Development: Agreement for Services—LHB Inc. David Lindahl TIF Redevelopment Analysis &Inspection Janet Jeremiah Hoyt Property-Former Best Buy Site Requested Action: Move to: ■ Approve agreement with LHB Inc. to conduct a building inspection for the property located at 7505 Flying Cloud Drive, Synopsis: Staff is proposing to retain the services of LHB Inc.to perform an inspection of the former Best Buy building to determine if it qualifies as a TIF Redevelopment District. The property owner,Hoyt Properties,will submit a deposit to the City to cover all consultant, legal, and staff costs related to the analysis. Background: Hoyt Properties purchased the 350,000 square foot former Best Buy building and 47acre site in early 2005.The building has been vacant since Best Buy relocated to Richfield in early 2003.Hoyt purchased the building with intentions of leasing it,but like Best Buy before them,have been unable to do so.The feed-back they have received from prospective tenants and real estate brokers have led them to the conclusion that the building is functionally obsolete-primarily due to its very large floor plates. Hoyt is now planning to demo the building and redevelop the site for 350,000 square feet of retail (Wal-Mart& Lowes), or 690,000 square feet of new speculative office space (four buildings). Whether the site develops as retail or office,the redevelopment costs are expected to be high. The building demo costs could be $5/square foot or$1.7 million, and the road improvements that will be required by the City are expected to cost about$2.5 million. Therefore,Hoyt is asking the City to consider providing Tax Increment Financing to assist in paying for some of the redevelopment costs— principally,the related road improvements.An inspection is needed to determine if the building and site qualifies as a TIF Redevelopment District. Attachments: Agreement STANDARD AGREEMENT FOR PROFESSIONAL SERVICES (LHB—HOYT REDEVELOPMENT 7075 FLYING CLOUD DRIVE) THIS AGREEMENT is made on the 18 day of July, 2006, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and LHB, Inc, (hereinafter "Consultant") whose business address is 250 Third Avenue North, Suite 450, Minneapolis, MN 55401. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant as described herein with respect to property located at 7075 Flying Cloud Drive, Eden Prairie. MN also shown as Exhibit C on Page 9. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A"in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. In the event Consultant requests in writing to the City to expend time or incur costs relative to a claim against City that the real property described in Exhibit A is not a Redevelopment District or a Redevelopment Project within the meaning of Minnesota Statutes 469.174,subd.10 or 469.002 subd. 14, City will compensate Consultant at the hourly rates described in Exhibit B for the hours reasonably expended by Consultant and the costs reasonably incurred in connection with request. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. Intentionally Omitted. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 313, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Michael Fisher and T�dr �c2 f945 to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Michael Fisher and Todd Koneczny from the Project without the approval of the City. 2 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from July 18, 2006 through, August 31, 2006 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement'may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however,the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, 3 disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy 4 shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 5 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and.complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager LHB Incorporated Representative 6 EXHIBIT A The Work The "Work" of Consultant shall consist of the following: 1. Consultant shall conduct such inspections and investigations of the real properties, buildings and situated within the proposed Redevelopment District hereafter described (the "real property"), and will provide to City its report including its findings, conclusions and opinion whether the real property qualifies as a Redevelopment District within the meaning of Minnesota Statutes § 469.174, subd. 10 and as a redevelopment project within the meaning of Minnesota Statutes §469.002, subd. 14. 2. The proposed Redevelopment District is as follows: Lot Area 47 acres Legal Lot 1 Block 1 Best Buy Addition, Eden Prairie, Hennepin County, MN Address 7505 Flying Cloud Drive, Eden Prairie, Minnesota. 7 EXHIBIT B Consultant's Compensation Consultant's compensation for its services shall be as follows: Compensation shall be on an hourly basis with the following key staff not to exceed $6,000 plus reimbursable expenses as follows: We propose to work on an hourly basis with the following key staff: ■ Project Principal, Michael Fischer(TIF analysis) $188/hour ■ Project Manager/Architect/Inspector, Todd Koneczny $110/hour ■ GIS/Planning $98/hour ■ Project Administrator(property owner contacts, documentation) $60/hour Reimbursable Expenses. Reimbursable expenses are in addition to compensation for professional services and include expenses incurred by LHB and its consultants. Mileage Current IRS rate Lodging & Meals 110% of cost Long Distance Telephone 110% of cost Copies $.15 each face Color Copies 11":x17" $2.00 per copy Color Copies 8-1/2"x 11" $1.00 per copy Postage and handling 110% of cost Fees Paid for Regulatory Approvals 125% of cost Photography 110% of cost Printing of Construction Documents 110% of cost Subconsultant Fees 110% of cost AutoCAD $15.00 per hour Plots— Bond $2.00 per copy Plots—Vellum $3.00 per copy Global Positioning System $150 per day Underground Utility Locator $25 per day Excess Project Insurance 100% of cost Renderings and Models 110% of cost 8 EXHIBIT C Project Area t y j, s r , I € Lot 1 Block 1 r Best Buy Addition F � S 7075 Flying Cloud Dr J3 i 3 r 1` s r { 9 CITY COUNCIL AGENDA DATE: SECTION: Consent July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VII.J. Community Development: Agreement for Services—Ehlers&Ass. David Lindahl TIF Redevelopment Analysis&Inspection Janet Jeremiah Hoyt Property -Former Best Buy Site Requested Action: Move to: ■ Approve agreement with Ehlers and Associates to conduct a financing analysis for the property located at 7505 Flying Cloud Drive. Synopsis: Staff is proposing to retain the services of Ehlers and Associates to perform a financing gap analysis for the proposed retail and office redevelopments of the former Best Buy property and to determine if financial assistance from the City is necessary to redevelop the site,and if so,to complete,process,and present a Tax Increment Financing Plan to the City Council. The property owner,Hoyt Properties,will submit a deposit to the City to cover all consultant,legal,and staff costs related to the analysis. Background: Hoyt Properties purchased the 350,000 square foot former Best Buy building and 47acre site in early 2005.The building has been vacant since Best Buy relocated to Richfield in early 2003.Hoyt purchased the building with intentions of leasing it,but like Best Buy before them, have been unable to do so.The feed-back they have received from prospective tenants and real estate brokers have led them to the conclusion that the building is functionally obsolete-primarily due to its very large floor plates.Hoyt is now planning to demo the building and redevelop the site for 350,000 square feet of retail(Wal-Mart& Lowes), or 690,000 square feet of new speculative office space(four buildings). Whether the site develops as retail or office, the redevelopment costs are expected to be high.The building demo costs could be $5/square foot or$1.7 million, and the road improvements that will be required by the City are expected to cost about$2.5 million. Therefore,Hoyt is asking the City to consider providing Tax Increment Financing to assist in paying for some of the redevelopment costs— principally,the related road improvements. Attachments: Agreement STANDARD AGREEMENT FOR PROFESSIONAL SERVICES (EHLERS-HOYT/FORMER BEST BUY REDEVELOPMENT) THis AGREEMENT is made on the 18 day of July, 2006, between the City of Eden Prairie, Minnesota (hereinafter"City"),whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ehlers and Associates Inc. (hereinafter"Consultant')whose business address is 3060 Centre Pointe Drive Roseville, MN 55113. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for a development analysis at a property located 7075 Flying Cloud Drive, Eden Prairie, MN, also shown as Exhibit C on Page 8 and hereinafter referred to as the"Work" . The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A"in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. Intentionally Omitted. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit upon completion of work itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Sid Inman, Senior Financial Advisor and Mark Ruff, Financial Advisor to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Sid Inman or Mark Ruff from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or 2 prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from July 18t' through December 31st, 2006 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above., Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota 3 Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is .contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. 4 B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or.property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$1,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 5 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Ehlers&Associates Inc. Representative 6 EXHIBIT A The Work 1. Consultant shall conduct a complete analysis of proposed redevelopments at 7075 Flying Cloud Drive (former Best Buy Headquarters) per the following work plan activities: ■ Review Hoyt/Best Buy site developer pro formas ■ Review LHB preliminary TIF feasibility analysis, recommend amount and type, if any, of range of public assistance. ■ Attend requested meetings EXHIBIT B Consultant's Compensation The Consultant proposes to complete the activities listed in Exhibit A for an estimated fee of $15,000. Because the Consultant will bill their staff time at an hourly rate, the total fee may be less than estimated. If the project demands more time than anticipated, we will seek your guidance and approval before exceeding the above estimated range. The estimated time to complete the work is approximately 5 months from the date we receive information and begin. Consultant's compensation for its services shall be as follows: Compensation shall be on an hourly basis ($185/hour) for the following staff but not to exceed $15,000. Senior Financial Advisor and Financial Advisor $ 185/hr 7 EXHIBIT C Project Area Am qP l i Hoyt/Former Best �x Buy Property 7075 Flying d s Cloud Dr 27 � a g CITY COUNCIL AGENDA DATE: July 18, 2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VH.K. Sue Kotchevar, Office of the Authorize Next Steps for Den Road City Manager/Finance Liquor Store Project Including Hiring an Architect and Bidding Den Road Liquor Store Remodel Project Requested Action Move to: Authorize next steps for Den Road Liquor Store Project including hiring an architect and bidding Den Road Liquor Store remodel project Synopsis The City has been working with Hollywood Video to amend the lease and downsize the Hollywood Video space. The Hollywood Video space will change from 7,100 square feet to approximately 5,312 square feet and the liquor store space would change from 5,900 square feet to approximately 7,688 square feet. The City plans to expand the liquor store space and remodel to extend the Eden Prairie brand experience into the liquor store environment. The remodel includes new paint, carpet, ceramic tile, and fixtures. In addition, a cash wrap with four registers instead of three, a wine tasting area, an area to display fine wine, and improved displays along the windows are included. The City has set aside liquor store profits for this project. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:.VII.L. Police Department Resolution authorizing agreement for Safe& Sgt.James Franzen Sober Grant Requested Action Move to:Adopt Resolution authorizing agreement for the Safe& Sober Urant. Synopsis The Safe& Sober grant allows communities to be reimbursed for overtime spent on specific traffic details, such as D.W.I.Enforcement, Seat Belt enforcement and Speed Enforcement. Background This Safe& Sober grant is a partnership between the communities of Bloomington and Eden Prairie.Both communities will be working together cooperatively on specific traffic details from October lst 2006 through September 30th 2007. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Eden Prairie Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE& SOBER COMMUNITIES during the period from October 1,2006 through September 30, 2007. BE IT FURTHER RESOLVED that the Chief of Police of Eden Prairie is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Eden Prairie Police Department. BE IT FURTHER RESOLVED that the Chief of the Bloomington Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on July 18,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V1I.M. Sue Kotchevar, Office of the Resolution Authorizing City of Eden Prairie to City Manager/Finance Consent to Transfer of Park at City West Apartments from Park at City West Limited Partnership to PACW Eden Prairie LLC Requested Action Move to: • Adopt Resolution Authorizing the City of Eden Prairie to Consent to the Transfer of the Park at City West Apartments Project from Park at City West Limited Partnership to PACW Eden Prairie LLC Synopsis There is outstanding $14,905,000 Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Projects series 2001). Park at City West Apartments Limited Partnership now desires to sell the Project to PACW Eden Prairie LLC. According the financing agreement, the City must consent to the sale of the Project as the issuer of the bonds. Attachments Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE, MINNESOTA TO CONSENT TO THE TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PARK AT CITY WEST LIMITED PARTNERSHIP TO PACW EDEN PRAIRIE LLC AND TO CONSENT TO THE AMENDMENT OF THE MORTGAGE RELATING TO THE PARK AT CITY WEST APARTMENTS PROJECT AND AUTHORIZING APPROVING AND DETERNIINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to that certain Trust Indenture dated as of August 1, 2001 (the "Indenture"), between the City of Eden Prairie, Minnesota (the "Issuer") and Wells Fargo Bank Minnesota, N.A. (the "Trustee"), the Issuer has previously issued and there is outstanding $14,905,000 in aggregate principal amount of its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the "Bonds"), the proceeds of which were used to fund a mortgage loan (the"Bond Mortgage Loan")to Park at City West Limited Partnership (the "Seller") and the proceeds of the Bond Mortgage Loan were used to refinance the 288-unit apartment project located in Eden Prairie, Minnesota, known as Park at City West Apartments (the"Project"); and WHEREAS, the Seller now desires to sell the Project to PACW Eden Prairie LLC (the "Buyer") and, pursuant to Section 5.7 of the Financing Agreement, dated as of August 1, 2001 (the "Financing Agreement"), by and among the Issuer, the Trustee and the Seller, must(among other requirements) obtain the prior written consent of the Issuer to such sale and must also satisfy the requirements under Section 9 of the Second Amended and Restated Land Use Restriction Agreement, dated as of August 1, 2001 (the "Land Use Restriction Agreement"), by and among the Issuer,the Trustee, Sumitomo Trust&Banking Co. (U.S.A.) and the Seller; and WHEREAS, the Bond Mortgage Loan is evidenced by a Multifamily Mortgage Note, dated August 1, 2001 (the "Bond Mortgage Note") delivered to the Issuer pursuant to the Financing Agreement and assigned to the Trustee;and WHEREAS,as security for the Bond Mortgage Note,the Seller has provided the Trustee with a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement dated as of August 1,2001 (the"Bond Mortgage")with respect to the Project; and WHEREAS, in connection with the sale of the Project to the Buyer and with the Issuer's consent, the Buyer desires to (i) amend the Bond Mortgage so that it continues to be consistent with that certain Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (Reimbursement), dated as of August 1, 2001 (the "Reimbursement Mortgage"), by and among the Seller, the Federal Home Loan Mortgage Corporation ("Freddie Mac") and L.J. Melody & Company and (ii) replace the existing remarketing agent for the Bonds, Dougherty & Company LLC (the "Existing Remarketing Agent") with Stern Brothers & Co. (the "New Remarketing Agent") pursuant to the terms of the Indenture, which provide for the removal or resignation of the remarketing agent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AS FOLLOWS: 1. Incorporation of Preambles. The City Council hereby finds that, based on representations by the Seller and the Buyer, all of the recitals contained in the preambles to this resolution are full, true and correct and does incorporate them into this resolution by this reference. 2. Consent to Transfer. Upon the satisfaction of all requirements in connection with the sale or transfer of the Project provided for in the agreements relating to the Bonds, including the requirements in the Financing Agreement and the Land Use Restriction Agreement, the Issuer is hereby authorized to provide its written consent to sale of the Project from the Seller to the Buyer. Such written consent shall be provided substantially in the form included as Exhibit C to the form of Assignment and Assumption Agreement by and between the Seller and the Buyer, attached hereto as Exhibit A, with such changes as are determined by the authorized officer of the Issuer executing the written consent to not be inconsistent with this Resolution (such execution evidencing such determination). 3. Consent to Amendment to Bond Mortgage. The Issuer is hereby authorized to provide its written consent to the amendment of the Bond Mortgage; provided that any such amendment to the Bond Mortgage shall be limited to the amendments, if any, made to the Reimbursement Mortgage. Such written consent shall be provided substantially in the form attached to the form of Amendment to Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement by and between the Seller and the Trustee, attached hereto as Exhibit B, with such changes as are determined by the authorized officer of the Issuer executing the written consent to not be inconsistent with this Resolution (such execution evidencing such determination). 4. Replacement of Remarketing Agent. The Issuer is hereby authorized to (i) accept the resignation of the Existing Remarketing Agent or (ii) upon the receipt of a written request from the Seller and the consent of Freddie Mac, remove the Existing Remarketing Agent for the Bonds. In connection with such removal or resignation of the Existing Remarketing Agent, the Issuer is hereby authorized to select and appoint the New Remarketing Agent as the remarketing agent for the Bonds. Solely in connection with such resignation or removal of the Existing Remarketing Agent as described herein, the Issuer hereby waives its notice rights under Sections 10.06 (ii) and(iii) of the Indenture. 5. Incidental Action. The officers of the Issuer are hereby authorized and directed to execute in the name and on behalf of the Issuer any other documents and certificates necessary to the actions described above. The Mayor, City Manager, City Clerk and other officers of the Issuer are further authorized and directed to prepare and furnish certified copies of all of proceedings and records of the Issuer relating to such actions. 6. Captions. The captions or headings in this Resolution are for convenience only and shall in no way define, limit, or describe the scope or the intent of any provision hereof. 7. Severability. If any section, paragraph, clause or provision of this Resolution shall be held invalid or unenforceable, the invalidity or unenforceability of such section, clause or provision shall not affect an of the other provisions of this Resolution. paragraph, p Y 8. Repealer. All resolutions or orders, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. Approved and adopted this 18t'day of July,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT B FORM OF AMENDMENT TO MULTIFAMILY MORTGAGE,ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AMENDMENT TO MULTIFAMILY MORTGAQE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND D FIXTURE FINANCING STATEMENT between PARK AT CITY WEST LIMITED PARTNERSHIP and WELLS FARGO BANK MINNESOTA,NATIONAL ASSOCIATION, formerly known as Wells Fargo Bank Minnesota,N.A. Relating to: $14,905,000 City of Eden Prairie, Minnesota Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 Dated as of , 2006 This Instrument is exempt from Mortgage Registry Tax under Minnesota Statutes, Section 287.04(f.) as the principal amount of the mortgage loan is made under a low and moderate income or other affordable housing program This Instrument was drafted by, and after recording return to: John C. Huff, Esquire Mayer,Brown,Rowe&Maw,LLP 71 South Wacker Drive Chicago, IL 60606 9072483.2 06068561 AMENDMENT TO MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT This AMENDMENT TO MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT(this"Instrument") is made as of , 2006 between PACW EDEN PRAIRIE LLC, a Delaware limited liability company ("Borrower"), successor by assignment to Park at City West Limited Partnership, a Minnesota limited partnership ("Original Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, formerly known as Wells Fargo Bank Minnesota,N.A., a national banking association organized and existing under the laws of the United States ("Trustee'), as trustee under that certain Trust Indenture dated as of August 1, 2001, between Trustee and the City of Eden Prairie Minnesota, a municipal cprporation and political subdivision of the State of Minnesota ("Lender"). Borrower's principal place of business is 300 South Wacker Drive, Suite 3550, Chicago, IL and Trustee's principal place of business is Sixth Street and Marquette Avenue,MAC N93303-110,Minneapolis,Minnesota, 55479. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the"Act") and the Indenture, the Lender issued its $14,905,000 City of Eden Prairie, Minnesota Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the "Bonds")to provide for the financing of the property described on Attached Exhibit A (the"Mortgaged Property"); and Pursuant to a Financing Agreement dated as of August 1, 2001 (the "Financing Agreement") among the Lender, Borrower and the Trustee, the Lender used the proceeds of the sale of Bonds to make a Bond Mortgage Loan in the principal amount of$14,905,000(the"Bond Mortgage Loan")to the Original Borrower in connection with the Mortgaged Property;and Original Borrower's repayment obligations in respect of the Bond Mortgage Loan are evidenced by a Multifamily Note dated August 1, 2001 (together with all riders and addenda thereto the "Bond Mort "o Mortgage Note delivered to the Lender pursuant to the Financing ��— ) P g Agreement and assigned to the Trustee, and secured b a Multifamily Mortgage, Assi ent of � Y Y � Rents, Security Agreement and Fixture Financing Statement encumbering the Mortgaged Property, made by Original Borrower, dated as of August 1, 2001 and recorded in the Office of the County Recorder of Hennepin County, Minnesota on August 20, 2001 as document 7527381 (the "Mortgage'). The Mortgage was assigned by the Lender to the Trustee by Assignment of Security Instrument recorded in the Office of the County Recorder of Hennepin County, Minnesota on August 20, 2001 as document 7527382. Borrower has succeeded to the interests of Original Borrower with respect to the Mortgaged Property and assumed the obligations of Original Borrower under the Mortgage and the other Loan Documents. Borrower and Trustee now desire to amend the Mortgage as set forth in this Instrument. NOW THEREFORE, for good and valuable consideraton, receipt of which is hereby acknowledged,Borrower and Trustee agree as follows: 9072483.2 06068561 1. Defined Terms. Capitalized terms used but not defined in this Instrument shall have the same meanings for purposes of this Instrument as provided in the Mortgage. 2. Amendment and Restatement of Sections 14(b) and 14(c). Sections 14(b) and 14(c)of the Mortgage are hereby amended and restated in their entirety as set forth in Exhibit B attached to this Instrument and by this reference expressly made a part hereof. 2. Notices. From and after the date hereof, and subject to further change from time to time as provied in Section 31(b) of the Mortgage,Borrower's address for notices shall be: c/o Cornerstone Real Estate Advisers LLC One Financial Plaza, Suite 1700 Hartford, CT 06103 Attn: Brian Murdy With a copy to: Cornerstone Real Estate Advisers LLC 300 South Wacker Drive Suite 3550 Chicago, IL 60606 Attn: John Wooton 3. No other Changes. Except as modified by this Instrument, the Mortgage shall remain in full force and effect. 4. Execution in Counterparts. This Instrument may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement. 5. Governing Law. This Instrument shall be governed by and construed in accordance with the laws of the State of Minnesota. [signatures follow] 9072483.2 06068561 IN WITNESS WHEREOF, the parties have signed and delivered this Instrument or have caused this Instrument to be signed and delivered by its duly authorized representative. BORROWER: PACW EDEN PRAIRIE LLC a Delaware limited liability company By: Cornerstone Real Estate Advisers,LLC, a Delaware limited liability company, its manager , By: Name: Its: TRUSTEE: WELLS FARGO BANK,NATIONAL ASSOCIATION, formerly known as Wells Fargo Bank Minnesota,N.A., as Trustee By: Name: Its: 9072483.2 06068561 STATE OF ) COUNTY OF ) I, a Notary Public in and for the said County in the State aforesaid, do hereby certify that , personally known to me to be the of Cornerstone Real Estate Advisers LLC, a Delaware limited liability company, the manager of PACW EDEN PRAIRIE LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he being thereunto duly authorized, signed and delivered the said instrument as his free and voluntary act on behalf of said limited liability company. GIVEN under my hand and notarial seal this_day of , 2006. Notary Public My Commission Expires: STATE OF ) COUNTY OF ) I, , a Notary Public in and for the said County in the State aforesaid, do hereby certify that , personally known to me to be the of WELLS FARGO BANK, NATIONAL ASSOCIATION, formerly known as Wells Fargo Bank Minnesota, N.A., a national banking association, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he being thereunto duly authorized, signed and delivered the said instrument as his free and voluntary act on behalf of said national banking association. GIVEN under my hand and notarial seal this_day of , 2006. Notary Public My Commission Expires: 9072483.2 06068561 CONSENT OF ISSUER Unless expressly defined herein, all capitalized terms used in this Consent of Issuer (the "Consent") shall have the meanings ascribed to them in the AMENDMENT TO MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, dated , 2006, by and between the Borrower and the Trustee (the "Amendment") to which this Consent is attached. The undersigned, on behalf of the City of Eden Prairie, Minnesota, consents to the Amendment and the execution and delivery of the Amendment by each of Borrower and Trustee. Dated: 52006 THE CITY OF EDEN PRAIRIE, MINNESOTA, as Issuer By: Title: By:_ Title: 9072483.2 06068561 EXHIBIT A LEGAL DESCRIPTION OF THE LAND That certain real property located in Hennepin County,Minnesota and described as follows: PARCEL 1: LOT 8,BLOCK 1, CITY WEST, HENNEPIN COUNTY, NIINNESOTA. ABSTRACT AND TORRENS CERTIFICATE OF TITLE NO. 693052. PARCEL 2: ' LOT 1,BLOCK 1, CITY WEST FOURTH ADDITION, HENNEPIN COUNTY, MINNESOTA. ABSTRACT AND TORRENS CERTIFICATE OF TITLE NO. 693051. 9072483.2 06068561 EXHIBIT B SECTIONS 14(b) and (c) (b) Borrower shall furnish to Lender all of the following: (1) within 120 days after the end of each fiscal year of Borrower, a statement of income and expenses for Borrower's operation of the Mortgaged Property for that fiscal year, a statement of changes in financial position of Borrower relating to the Mortgaged Property for that fiscal year and, when requested by Lender when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, a balance sheet showing all assets and liabilities of Borrower relating to the Mortgaged Property as of the end of that fiscal year; (2) within 120 days after the end of each fiscal year of Borrower, and at any other time upon Lender's request when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, a rent schedule for the Mortgaged Property showing the name of each tenant, and for each tenant, the space occupied, the lease expiration date, the rent payable for the current month, the date through which rent has been paid, and any related information reasonably requested by Lender; (3) within 120 days after the end of each fiscal year of Borrower, and at any other time upon Lender's request when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, an accounting of all security deposits held pursuant to all Leases, including the name of the institution (if any) and the names and identification numbers of the accounts (if any) in which such security deposits are held and the name of the person to contact at such financial institution, along with any authority or release necessary for Lender to access information regarding such accounts; (4) within 120 days after the end of each fiscal year of Borrower, and at any other time upon Lender's request when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, a statement that identifies all owners of any interest in Borrower and any Controlling Entity and the interest held by each, if Borrower or a Controlling Entity is a corporation, all directors and executive officers of Borrower and the Controlling Entity, and if Borrower or a Controlling Entity is a limited liability company, all managers who are not members; (5) upon Lender's request, within 120 days following the end of each quarter, quarterly income and expense statements for the Mortgaged Property; (6) upon Lender's request at any time when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, monthly income and expense statements for the Mortgaged Property; (7) upon Lender's request, a monthly property management report for the Mortgaged Property, showing the number of inquiries made and rental applications received 9072483.2 06068561 from tenants or prospective tenants and deposits received from tenants and any other information reasonably requested by Lender; and (8) within 120 days after the end of each fiscal year of Borrower, and at any other time when an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, upon Lender's request, a certification from Borrower that the Mortgaged Property is in full compliance with all of the provisions of the Tax Regulatory Agreement, together with copies of all certificates, notices and other written items delivered by or on behalf of Borrower to the Issuer or any other person pursuant to the Tax Regulatory Agreement during such fiscal year(including, without limitation, all Compliance Certificates (as defined in the Tax Regulatory Agreement) and any notices of noncompliance under Section 7 of the Tax Regulatory Agreement), and any other evidence of compliance reasonably requested by Lender. (c) Each of the statements, schedules and reports required by Section 14(b) shall be certified to be complete and accurate by an individual having authority to bind Borrower, and shall be in such form and contain such detail as Lender may reasonably require. When an Event of Default has occurred and is continuing but not more frequently than four (4) times per year, Lender also may require that any annual statements, schedules or reports be audited at Borrower's expense by independent certified public accountants acceptable to Lender. 9072483.2 06068561 ASSIGNMENT AND ASSUMPTION AGREEMENT by PARK AT CITY WEST LIMITED PARTNERSHIP, as Transferor and PACW EDEN PRAIRIE LLC, as Transferee relating to $14,905,000 City of Eden Prairie,Minnesota Variable Rate Demand MultifamilyHousing Revenue Refunding Bonds g g (Park at City West Apartments Project) Series 2001 Dated as of July_, 2006 This Instrument was drafted by, and after recording return to: John C. Huff,Esquire Mayer,Brown,Rowe&Maw, LLP 71 South Wacker Drive Chicago,IL 60606 5131590 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement(this"Agreement") is entered into as of this _day of July, 2006 by and between PARK AT CITY WEST LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Transferor"), and PACW EDEN PRAIRIE LLC, a Delaware limited liability company(the"Transferee"). RECITALS WHEREAS, pursuant to that certain Trust Indenture dated as of August 1, 2001 (the "Indenture"), between the City of Eden Prairie, Minnesota (the "Issuer") and Wells Fargo Bank Minnesota, N.A. (the "Trustee"), the Issuer has previously issued and there is outstanding $14,905,000 in aggregate principal amount of its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the "Bonds"), the proceeds of which were used to fund a mortgage loan (the "Bond Mortgage Loan") to the Transferor, the proceeds of which were used to refinance the 288-unit apartment project located in Eden Prairie, Minnesota, known as Park at City West Apartments (the "Project") and more particularly described in Exhibit A hereto; and WHEREAS, in connection with the issuance of the Bonds and the use of the proceeds from the Bonds in connection with the Project, the Transferor entered into and is a party to those agreements more particularly described in Exhibit B hereto (such agreements collectively referred to as the"Bond Documents"); and WHEREAS, the Transferor has agreed to sell the Project to the Transferee and the Transferee has agreed to acquire the Project from the Transferor pursuant to the terms of that certain Purchase and Sale Agreement, dated as of June 13, 2006, as amended, by and between the Transferor and the Transferee; and WHEREAS, in conjunction with the sale and transfer of the Project to the Transferee,the Transferor now desires to assign to the Transferee, and the Transferee now desires to assume, all of the Transferor's right, title and interest in and its obligations accruing under the Bond Documents from and after the date hereof; and WHEREAS, the Issuer and the Trustee have each evidenced their willingness to consent to the sale and transfer of the Project which consent shall be in a form similar in substance to Exhibit C hereto for the Issuer and Exhibit D hereto for the Trustee, so long as the requirements of this Agreement are satisfied by the Transferor and the Transferee (as applicable), including, but not limited to, the requirement that the Transferee assume in full all of the obligations of the Transferor accruing from and after the date hereof under the Second Amended and Restated Land Use Restriction Agreement (as described in Exhibit B) (the "Land Use Restriction Agreement"); and WHEREAS, the Transferor and the Transferee (as applicable) have complied with all requirements of this Agreement and the Land Use Restriction Agreement with regard to the sale and transfer of the Project; and 1 5131590 WHEREAS, in order to induce the Issuer and the Trustee to consent to the sale and transfer of the Project to the Transferee and the assumption of the Transferor's rights, duties and obligations accruing under the Bond Documents from and after the date hereof, the parties have entered into this Agreement. NOW, THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged,the Transferor and the Transferee hereby agree as follows: Section 1. Assignment and Assumption of Bond Documents. 1.1 Transferor hereby assigns to the Transferee, and the Transferee hereby fully and unconditionally accepts and assumes, all of the rights, duties and obligations of the Transferor accruing in and under the Bond Documents on and after the date hereof (the "Assumed Obligations") and agrees to perform all such obligations in accordance with the terms thereof. The Transferee agrees to be bound in every way by all of the grants, terms, conditions, and covenants contained in the Bond Documents as if the Transferee were named as a party therein. The Transferor shall be released from its duties and obligations under the Bond Documents as of the date of this Agreement, except as otherwise expressly provided in this Agreement or the Bond Documents. 1.2 The Transferee and the Transferor each hereby represents and warrants that the performance of their respective obligations under this Agreement and the Bond Documents, and compliance with the provisions thereof, will not conflict with or violate any contract, agreement, statute, rule, ordinance or other restriction to which the Transferee or the Transferor, as appropriate, is subject. 1.3 The Transferee and the Transferor each hereby agree that, on or before the date of this Agreement, pursuant to Section 9(b) of the Land Use Restriction Agreement, the Issuer and the Trustee will have been provided i evidence reasonably satisfactory to the Issuer and the p () Y rY Trustee that Transferor is in compliance with the Financing Agreement as described in Exhibit P g l� ( B); (ii) evidence reasonably satisfactory to the Issuer and the Trustee that the Transferee has assumed in writing and in full, and is reasonably capable of performing and complying with, the duties and obligations of the Transferor under the Land Use Restriction Agreement, (iii) an opinion of counsel to the Transferee that the Transferee has duly assumed the obligations of the Transferor under the Land Use Restriction Agreement and that such obligations and the Land Use Restriction Agreement are binding on the Transferee and (iv) an opinion of bond counsel that the transfer of the Project will not adversely affect the exclusion of interest on Bonds from the gross income of the holders of the Bonds for Federal income tax purposes. 2 5131590 Section 2. Miscellaneous Provisions. 2.1 As of the date hereof, the Transferor represents and warrants to the Transferee that, to the best of its knowledge, as of the date hereof, (i) there exists no Event of Default (as that term is used in the Land Use Restriction Agreement), (ii) there is no event that, with the giving of notice, the passage of time, or both, would constitute an Event of Default and (iii) no other default exists under the Land Use Restriction Agreement. Without in any way limiting the foregoing, the Transferor represents and warrants to the Transferee that it has paid all sums which may be due and payable under the documents relating to the Bonds, which payment is due on or before the date hereof, and there are no past due amounts for which any party to such documents will look to or assert a claim for payment against the Transferee. The foregoing representations and warranties are made for the express benefit of the Transferee. 2.2 This Agreement, and the consents accompanying it, may be executed in one or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 2.3 This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Illinois. 2.4 The Issuer and the Trustee are hereby expressly designated third-party beneficiaries hereof, entitled to enforce the provisions hereof against the parties hereto. The Transferor and the Transferee hereby agree that the Issuer and the Trustee may enforce the provisions of the Bond Documents to which they are a party directly against the Transferee. [Remainder of Page Intentionally Left Blank] 3 5131590 IN WITNESS WHEREOF, this instrument has been executed by the parties hereto as of the day and year first hereinabove written. TRANSFEROR: PARK AT CITY WEST LIMITED PARTNERSHIP, a Minnesota limited liability company By: Algonquin Investments, LLC, a Delaware limited liability company By: Name: Its: TRANSFEREE: PACW EDEN PRAIRIE LLC,a Delaware limited liability company P Y By: Cornerstone Real Estate Advisers, LLC, a Delaware limited liability company, its manager By: Name: Its: [Signature Page for Assignment and Assumption Agreement] 4 5131590 STATE OF ) COUNTY OF ) I, a Notary Public in and for the said County in the State aforesaid, do hereby certify that , personally known to me to be the of Algonquin Investments, LLC, a Delaware limited liability company, the of PARK AT CITY WEST LIMITED PARTNERSHIP, a Minnesota limited partnership, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he being thereunto duly authorized, signed and delivered the said instrument as his free and voluntary act on behalf of said limited liability company. GIVEN under my hand and notarial seal this_day of , 2006. Notary Public My Commission Expires: 5 5131590 STATE OF ) COUNTY OF ) I, a Notary Public in and for the said County in the State aforesaid, do hereby certify that , personally known to me to be the of Cornerstone Real Estate Advisers LLC, a Delaware limited liability company, the manager of PACW EDEN PRAIRIE LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he being thereunto duly authorized, signed and delivered the said instrument as his free and voluntary act on behalf of said limited liability company. GIVEN under my hand and notarial seal this_day of , 2006. Notary Public My Commission Expires: 6 5131590 EXHIBIT A THE PROJECT LEGAL DESCRIPTION That certain real property located in Hennepin County, Minnesota and described as follows: PARCEL I: LOT 8,BLOCK 1, CITY WEST,HENNEPIN COUNTY, MINNESOTA. ABSTRACT AND TORRENS CERTIFICATE OF TITLE NO. 693052. PARCEL 2: LOT 1,BLOCK 1, CITY WEST FOURTH ADDITION, HENNEPIN COUNTY, MINNESOTA. ABSTRACT AND TORRENS CERTIFICATE OF TITLE NO. 693051. 5131590 EXHIBIT B BOND DOCUMENTS As used in the Assignment and Assumption Agreement,the term"Bond Documents"means collectively: 1. Financing Agreement,dated as of August 1,2001,among the Issuer,the Trustee and the Transferor; 2. Second Amended and Restated Land Use Restriction Agreement, dated as of August 1,2001,among the Issuer,the Trustee, Sumitomo Trust&Banking Co.(U.S.A.)(Prior Trustee)and the Transferor; 3. Multifamily Note,dated August 1,2001,by Transferor in favor of the Issuer; 4. Multifamily Mortgage,Assignment of Rents, Security Agreement and Fixture Financing Statement, dated as of August 1,2001,between the Transferor and the Issuer; 5. Remarketing Agreement,dated as of August 1,2001,between the Transferor and Dougherty& Company LLC; 6. Reimbursement and Security Agreement,dated as of August 1,2001,between the Federal Home Loan Mortgage Corporation and the Transferor; 7. Pledge, Security and Custody Agreement,dated as of August 1,2001,between the Transferor and the Trustee; 8. Interest Rate Cap Assignment and Security Agreement,dated as of August 1,2001,between the Transferor and the Federal Home Loan Mortgage Corporation; 9. Rate Cap Agreement,dated as of August 15,2001,between Bear Stearns Trading Risk Management Inc.and the Transferor;and 10. Replacement Reserve Agreement,dated as of August 1,2001,between the Transferor and the Federal Home Loan Mortgage Corporation. 5131590 EXHIBIT C FORM OF CONSENT OF ISSUER Unless expressly defined herein, all capitalized terms used in this Consent of Issuer (the "Consent") shall have the meanings ascribed to them in the Assignment and Assumption Agreement, dated July _, 2006, by and between the Transferor and the Transferee (the "Agreement")to which this Consent is attached. The undersigned, on behalf of the City of Eden Prairie, Minnesota, consents to the transfer of the Project from the Transferor to the Transferee and the assumption by the Transferee and the release (including the release by the Issuer) of the Transferor from all obligations accruing under the Bond Documents on and after the date of the Agreement (subject to the limitations contained in the Agreement and the Land Use Restriction Agreement). The undersigned hereby certifies that the Issuer has received the items specified in Section 9 of the Land Use Restriction Agreement or has waived the requirement thereunder that they be delivered. To the knowledge of the Issuer without due inquiry,the Issuer is not aware of any material,uncured default under the Bond Documents to which it is a party. Nothing in this Consent shall be deemed to make the undersigned or the Issuer a party to the Agreement for any purpose. This consent is conditioned on, and shall be effective from and after, receipt by the Issuer of past due Issuer fees, if any, plus interest thereon or any other amounts due to the Issuer. Dated: July_,2006 THE CITY OF EDEN PRAIRIE, MINNESOTA, as Issuer Nancy Tyra-Lukens,Mayor Scott Neal, City Manager 9 5131590 EXHIBIT D FORM OF CONSENT OF TRUSTEE Unless expressly defined herein, all capitalized terms used in this Certificate of Trustee (the "Consent Certificate") shall have the meanings ascribed to them in the Assignment and Assumption Agreement, dated July_, 2006, by and between the Transferor and the Transferee (the "Agreement") to which this Consent Certificate is attached. The undersigned, acting in reliance on the representation of the Issuer as to its receipt of the items specified in Section 9 of the Land Use Restriction Agreement, hereby consents to the Agreement and agrees to be bound thereby, as if the undersigned were a direct party to the Agreement. To the knowledge of the Trustee without due inquiry, the Trustee is not aware of any material, uncured default under the Bond Documents to which it is a party. Nothing in this Consent Certificate shall be deemed to make the undersigned Trustee a party to the Agreement for any other purpose. Dated: July_, 2006 WELLS FARGO BANK MINNESOTA, N.A., as Trustee By Its 5131590 CONSENT OF ISSUER Unless expressly defined herein, all capitalized terms used in this Consent of Issuer (the "Consent") shall have the meanings ascribed to them in the Assignment and Assumption Agreement, dated July _, 2006, by and between the Transferor and the Transferee (the "Agreement") to which this Consent is attached. The undersigned, on behalf of the City of Eden Prairie, Minnesota, consents to the transfer of the Project from the Transferor to the Transferee and the assumption by the Transferee and the release (including the release by the Issuer) of the Transferor from all obligations accruing under the Bond Documents on and after the date of the Agreement (subject to the limitations contained in the Agreement and the Land Use Restriction Agreement). The undersigned hereby certifies that the Issuer has received the items specified in Section 9 of the Land Use Restriction Agreement or has waived the requirement thergunder that they be delivered. To the knowledge of the Issuer without due inquiry, the Issuer is not aware of any material, uncured default under the Bond Documents to which it is a party. Nothing in this Consent shall be deemed to make the undersigned or the Issuer a party to the Agreement for any purpose. This consent is conditioned on, and shall be effective from and after, receipt by the Issuer of past due Issuer fees, if any, plus interest thereon or any other amounts due to the Issuer. Dated: July_, 2006 THE CITY OF EDEN PRAIRIE, MINNESOTA, as Issuer Nancy Tyra-Lukens,Mayor Scott Neal, City Manager CITY COUNCIL AGENDA DATE: July 18,2006 SECTION: Consent Calendar DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI1.N. Sue Kotchevar, Office of the Approve Third Amendment to the City Manager/Finance Hollywood Video Lease. Requested Action Move to: Approve third amendment to the Hollywood Video lease. Synopsis The City has been working with Hollywood Video to amend the lease and downsize the Hollywood Video space. The Hollywood Video space will change from 7,100 square feet to approximately 5,312 square feet and the liquor store space would change from 5,900 square feet to approximately 7,688 square feet. Hollywood video has renewed the option to lease space from the City until 2012. They had the option to lease until December of 2007 and to renew the option at that time but have chosen to exercise the option at this time which ensures the City will receive lease revenue until 2012. Because of the space reduction, lease revenue will change from $136,675 to$102,256 annually. The debt on the Den Road building is scheduled to be repaid in 2008. Because of the reduction in lease revenue, staff will either recommend to increase the Den Road liquor store rent in 2007 and 2008 or to extend the payments to 2009. THIRD AMENDMENT TO LEASE THIS THIRD AMENDMENT TO LEASE("Amendment")is by and between THE CITY OF EDEN PRAIRIE, whose address is 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("Landlord"), and HOLLYWOOD ENTERTAINMENT CORPORATION, an Oregon corporation,with its offices at 9275 SW Peyton Lane,Wilsonville,.Oregon 97070("Tenant"). WITNESSETH: WHEREAS,Landlord and Tenant entered into that certain Lease executed May 9, 1997,as amended by(i)First Amendment to Lease dated June 6, 1997,and(ii)Second Amendment to Lease executed April 7, 2003, (collectively, the "Lease"), for the approximately Seven Thousand One Hundred(7,100)square feet of premises located at 8020 Den Road,City of Eden Prairie,Minnesota (the"Premises");and WHEREAS,Landlord and Tenant desire to amend the Lease to reflect the parties agreement to downsize the Premises and for Tenant to surrender a portion of the Premises to Landlord;and WHEREAS, the term of the Lease expires on November 30, 2007, and Tenant desires to continue its occupancy in the Premises;and WHEREAS, the Lease provides Tenant three (3) options to renew for periods of five(5) years each upon at least one Hundred eighty(180)days' notice prior to the expiration of the current term of the Lease("Option#1,Option#2,and Option#3");and NOW,THEREFORE,in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The Lease is hereby incorporated in its entirety by reference. Capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Lease. 2. Within forty-five (45) days after receipt of Landlord's notice as set forth herein, Tenant shall turn over to Landlord, and Landlord shall accept AS IS the surrender of, the approximately One Seven Hundred Eighty-Eight(1,788)square feet of space within the Premises as noted on the drawing attached hereto and incorporated herein as EXHIBIT A (hereinafter, the "Downsized Space"). The parties agree that the remaining Premises space shall be approximately Five Thousand Three Hundred Twelve(5,312) square feet and shall hereinafter be called the"New Premises". Landlord shall provide at least forty-five(45)days written notice to Tenant at the address set forth above,Attention:Asset Management Dept.,prior to the commencement of the Renovation Work, as defined below (or any other work in and to the New Premises), and coordinate such Renovation Work with Tenant. 3. As of the date Tenant turns over the Downsized Space to Landlord,Landlord(at its sole expense)shall: A. Be responsible for dividing the Downsized Space from the New Premises and performing the following work in the New Premises(such work to hereinafter be referred to as"Renovation Work"): (i) installing a fire rated demising and dividing wall; (ii) separating the utilities; (iii) modifying existing safety systems/fire sprinklers(if any); (iv) providing proportional separation of HVAC equipment/systems;and (v) providing proportional separation of electrical/distribution systems. B. Perform the Renovation Work in a prompt professional manner, in compliance with all applicable laws,codes,and regulations,and to the reasonable satisfaction of Tenant. C. Deliver to Tenant architectural drawings for approval prior to the beginning of the Renovation Work. Such plans shall be emailed in an AutoCAD format to Jim Norris, A&B Director,at inorris(abmoveal.com. 023783 3 AMENDMENT TO LEASE-DOWNSIZE Eden Prairie D. Perform or cause the Renovation Work (or any other work in the adjacent Downsized Space)to be performed in a manner so as to not unreasonably restrict or impair Tenant's visibility,access,parking,or business operation in the New Premises. 4. Effective October 15, 2006, Tenant's obligations under the Lease shall be based solely on the New Premises(including,but not limited to,Minimum Rent,Additional Rent,Common Area Costs,Real Estate Taxes,Insurance Premiums,utilities,repairs,etc),and Tenant shall have no further obligation as to the Downsized Space whatsoever. 5. Tenant shall have the right to make whatever non-structural interior improvements or changes as it may deem necessary or advisable in the New Premises to make the New Premises suitable for Tenant,such improvements or renovations to include,but is not limited to,relocation of fixtures,reduction in signage,painting,branding and other incidental matters. The parties agree that any work caused to be performed by Tenant in the New Premises shall be performed in a professional manner in compliance with all applicable laws. 6. Option#1 is hereby deleted in its entirety and replaced with the following: Option#1 Period of five(5)years,commencing December 1,2007,and expiring November 30, 2012. Minimum Rent shall be as set forth in#8 below. 7. Option to Renew. Tenant hereby exercises Option #1, and Landlord accepts Tenant's exercise of such option under the terms and conditions set forth herein. 8. Option Rent. Minimum Rent for Option#1 shall be as set forth below: Years Rent Per Square Monthly Rent Rent Per Year Foot Per Year Option#1 $21.66 $9,588.16 $115,057.92 9. The first(I')sentence of Section 4.2(b)(i)the words"(but in no event shall costs for such supervision and management exceed five percent(5%)of the Common Area Costs exclusive of Real Estate Taxes, Insurance Premiums and the cost of utilities for the Common Area)"are hereby deleted. 10. The second (2"d) sentence of Section 4.2(b)(i) is hereby amended to include the maintenance and repair of the roof,roof membrane,roof covering,and maintaining and repairing the heating,ventilating and air-conditioning system("HVAC"). 11. The third(3`d)sentence of Section 4.2(b)(i),the words"(any Capital Expenditures as herein after defined)"are hereby deleted. 12. Section 4.2(b)(i)is hereby amended by the addition of the following: Landlord may include Capital Expenditures in Common Area Costs provided the same are amortized over the useful life of the improvement as determined by generally accepted accounting principles. Such amortization shall be on a straight- line basis. Only the annual amortized portion shall be included in Common Area Costs,and Tenant shall pay monthly Tenant's Proportionate Share of such amortized amount. 13. The second(2 d)sentence of Section 4.2(b)(ii)is hereby deleted in its entirety. 14. Section 6.1(c)is hereby deleted in its entirety and replaced with the following; Landlord covenants and agrees,at its expense,without reimbursement or contribution from Tenant (except as otherwise set forth in Section 4.2(b)(i)), to keep, maintain, and replace, if necessary, foundations, exterior building surfaces and building paint, plumbing system, electrical system, utility lines and connections to the Premises, sprinkler mains, if any, all structural systems, including without limitation, the roof, roof membrane, roof covering, load bearing walls, floors,slabs,and masonry walls in good condition and repair. 023783 3 AMENDMENT TO LEASE-DOWNSIZE Eden Prairie Furthermore,Landlord shall be responsible for the maintenance repair and replacement of the HVAC. 15. The parties hereby specifically agree that Landlord shall not sell and/or lease the Downsized Space,or any portion thereof;to any business that intends to use such space for a video store,a game store,or any other business similar to Tenant's business,during the Lease Term,or any exercised Option Periods thereof. 16. This Amendment contains the entire and only agreement between the parties,and no oral statements,representations,or written matter not contained in this instrument shall have force or effect. In the event of any inconsistency between the Lease and this Amendment,the terms of this Amendment shall control. 17. All other terms of the Lease shall remain in full force in effect. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s) given below. LANDLORD: THE CITY OF EDEN PRARIE By: Witness Its: Date: Witness By: Witness Its: Date: Witness TENANT: HOLLYWOOD ENTERTAINMENT CORPORATION,an Oregon corporation By: Witness Jeffry B.Gordon Senior Vice President-Legal Date: Witness 033793 3 AMENDMENT TO LEASE-DOWNSIZE Eden Prairie EXHIBTT A (Page 1 of 2) HOLLYWOOD VIDEO DESIGN INTENT DRAWINGS FOR THE CITY OF: EDEN PRAIRIE,MN#023783 ESTIMATED OPEN DATE: NIA FLOOR PLAN 40' Ir �r•r OFFICE RR m G RR T to 8 53 ti SQ FT 1,788 SQ FT r 50' 30' NOVIE6U.LfiiiTCGiiPORA7EOFFlCE APPROVEDav: DATEINAL 6 SCALE:CJG WO YfE${NAIN Si.ODTRN+,AL]E]0+ JEA NORRL4 wRs+RuenoR oenARnaERr +•ps+F�-N� ORIGINAL SCALE:3132'=7' ,y„ FRaFeRn aFrEwxr 0237833 AMENDMENT TO LEASE-DOWNSIZE Eden Prairie E2CMTT A (Page 2 of 2) HOLLYWOOD VIDEO DESIGN INTENT DRAWINGS FOR THE CITY OF: EDEN PRAIRIE,MN#023783 ESTIMATED OPEN DATE: N/A FIXRJRE PLAN ' 1 a {•J e e B B 0 e r 3'4• sx :r r 3W R.r 49 � S T I WS■0 ® WeHlt Rm— ram- +• 0 H ■ H B H r rs 4w a-r V. 1W s 7 uj 1 0 0 vrm■ wawc Wwe rr •'•1e' sa• � f � � S a r 4•.0• I'd ra• r.■• Tr r �� •nit O 0 1 ��es'muaner. �-- so. 3Q'----i povl 6RLLERYC011P0■A7EOlWCE APPROVED-: DATE:416/MG DRW BY:CJG w0 CQN nw0V H071NN,At 7010t JIM NORRIS cw+smucrlw+eEPARnewr Hasayroz•s4 ORIGINAL SCALE: PROPeR oF*Ew�rt 023783 3AMENDMENTTOLEASE-DOWNSIZE Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Jim Richardson Special Assessment Hearing for the Approval Public Works/Engineering of the Hilltop Road Street and Storm Sewer Improvement Special Assessments Requested Action Move to: • Close the public; and • Adopt the resolution approving the Hilltop Road Street and Storm Sewer Improvement Special Assessments. Synopsis This Special Assessment Hearing is for the street and storm sewer assessment portion of Hilltop Road improvements authorized by Council on May 2, 2006. This Special Assessment Hearing is held after bids were received to gauge neighborhood support prior to awarding the contract. This procedure is utilized to manage the City's financial risk. Background Information See Exhibit A for the Hilltop Road Street and Storm Sewer project that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed for this project is $419,160.00. Attachments • Resolution • Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006-90 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall. constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2006. To the first installment shall be added interest on the entire assessment from November 1, 2006 until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2007. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on the 18th day of July,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 1. I.C.05-5642 Street and storm sewer improvements on Hilltop Project Cost: $ N/A Road Previously Assessed: $ -0- City Share: $ N/A Net Assessment: $419,160.00 20 Years at 6.5% Parcel PID# Property Owner Legal Description 2007 Deferred $Amount $Amount 20-116-22-43-0002 Roycroft 16,470.00 -0- 20-116-22-43-0007 Barth 16,470.00 -0- 20-116-22-43-0005 Sylvander 16,470.00 -0- 20-116-22-43-0008 Paal 11,940.00 -0- 20-116-22-43-0014 Secor&Boppert 16,470.00 -0- 20-116-2243-0069 Alm 16,470.00 -0- 20-116-22-44-0012 Kruse 11,940.00 -0- 20-116-22-44-0013 Schmidt 16,470.00 -0- 20-116-22-44-0015 McGovern 16,470.00 -0- 20-116-22-44-0019 Blomberg 16,470.00 -0- 20-116-22-44-0024 Poyser 16,470.00 -0- 20-116-22-44-0036 Schmmel 16,470.00 -0- 20-116-22-44-0039 Jeppeson 16,470.00 -0- 20-116-22-44-0040 Jancar 16,470.00 -0- 20-116-22-44-0041 Andersen 16,470.00 -0- 20-116-22-44-0042 Stover 16,470.00 -0- 20-116-22-44-0043 Clarke 16,470.00 -0- 20-116-22-44-0044 Totall 16,470.00 -0- 20-116-22-44-0048 Burgett 16,470.00 -0- 20-116-22-44-0049 Bolke 16,470.00 -0- 20-116-22-44-0050 Clarke 16,470.00 -0- 20-116-22-44-0052 Hanson 16,470.00 -0- 20-116-22-44-0053 Fiedler 16,470.00 -0- 20-116-22-44-0054 Deminico 16,470.00 -0- 20-116-22-44-0055 Maynard 16,470.00 -0- 20-116-22-44-0056 Auseth 16,470.00 -0- CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Sue Kotchevar, Office of the Resolution Adopting the Amended Tax City Manager/Finance Increment Financing Plan and an Amended Project Management Agreement Requested Action Move to: • Close the public hearing; and • Adopt resolution approving the amended tax increment financing plan and an amended project management agreement Synopsis The HRA proposes to amend the tax increment financing plan for its TIF District No. 10 to increase the total amount of tax increment expenditures from TIF District No. 10. These increased tax increment expenditures will provide for the payment of previously-incurred public improvement costs of the developer of the Prairie Village development. In return,the developer will agree to continue to offer the reduced rents that are currently in place at Prairie Village pursuant to an interest rate reduction program, notwithstanding the termination of such program this year. This agreement between the HRA and the developer would be incorporated in a proposed amendment to the original Project Management Agreement between the parties. The amendment to the Project Management Agreement is also before the HRA for consideration. The HRA's adoption of the amendment to the tax increment financing plan must be approved by the City Council. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- RESOLUTION RELATING TO PRAIRIE VILLAGE REDEVELOPMENT PROJECT AREA NO. 2 AND TAX INCREMENT FINANCING DISTRICT NO. 10; APPROVING THE AMENDED TAX INCREMENT FINANCING PLAN THEREFOR AND AN AMENDED PROJECT MANAGEMENT AGREEMENT RELATING THERETO BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"),as follows: Section 1. Recitals. 1.01. The City, on November 5, 1985, approved a redevelopment plan (the"Project Plan") and redevelopment project of the Housing and Redevelopment Authority in and for the City of Eden Prairie(the"Authority"), under Minnesota Statutes, Sections 469.001 to 469.047 (the"Project Plan"), designated as Prairie Village Redevelopment Project Area No.2 (the "Redevelopment Project"). The City approved on February 18, 1986, and amended on March 7, 1989, a tax increment financing plan and interest rate reduction program of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799, designated as Amended Tax Increment Plan/Interest Rate Reduction Program for Tax Increment Financing District No. 10 (the "Financing Plan"). The Financing Plan established Tax Increment Financing District No. 10 (the "District"). 1.02. Pursuant to Minnesota Statutes, Sections 469.174 to 469.1799(the"Act"),the Authority has adopted Amendment No. 1 to the Amended Tax Increment Plan for Tax Increment Financing District No. 10 (the "Amendment"), the Amendment and the Financing Plan " Amended Financing Plan collectively referred to herein as the Amended FinancingPlan. The Amend g is now before this Council for approval. The Amended Financing Plan was prepared in accordance with the Project Plan and is the proposed method for financing the public redevelopment costs of certain of the redevelopment activities undertaken pursuant to the Project Plan. The Amended Financing Plan will increase the total tax increment expenditures to provide for payment of previously incurred public redevelopment costs in order that the reduced rents currently in place pursuant to the interest rate reduction program will continue,notwithstanding the termination of the interest rate reduction program pursuant to law. The District comprises various tax parcels in contiguous areas within the Redevelopment Project as described in the Amended Financing Plan. 1.03. Members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Amended Financing Plan. Pursuant to Minnesota Statutes, Section 469.175, subdivisions 3 and 4,this Council on July 18,2006, conducted a public hearing on the desirability of approving the Amended Financing Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie Sun Current,the official newspaper of the City, on June 29 2006. The City has not received written comments ty � 1 tY � on the Amended Financing Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Amended Financing Plan not less than 30 days before the date of the public hearing. 1.04. In addition to the notice and opportunity described in Section 1.03,the City delivered written notice to the member of the Board of County Commissioners of Hennepin County who represents the District. The notice contained a general description of the boundaries of the District,the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with the county commissioner and a solicitation of the commissioner's comments with respect to the District. Section 2. Approval of Amended Financing Plan. On the basis of the Amended Financing Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01. The Amended Financing Plan provides the means to finance certain public redevelopment costs of the Redevelopment Project, including the redevelopment activities described in the Project Plan, which benefit the District. The Amended Financing Plan contains a statement of objectives for the improvement of the Redevelopment Project, a statement as to the development program for the District and a statement of the property within the Redevelopment Project which the City intends to acquire. The Amended Financing Plan also estimates the public redevelopment costs of the Redevelopment Project,the amount of bonded indebtedness to be incurred,the sources of revenues to finance or otherwise pay public costs of the District,the most recent net tax capacity of taxable real property within the District,the captured net tax capacity of the District at completion, and the duration of the District. The Amended Financing Plan also describes and identifies the development activities in the District. The Amended Financing Plan further contains alternative estimates of the impact of the proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the District is located. All the captured tax capacity is necessary for the objectives of the District. 2.02. This Council hereby finds that the District consists of a"project"as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. This Council further finds,based on the information in the Amended Financing Plan and representations of the developer,that the District consists of a project intended for occupancy, in part,by persons or families of low and moderate income, as defined in chapter 462A,Title II of the National Housing Act of 1934,the National Housing Act of 1959,the United States Housing Act of 1937, as amended,Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore,the District qualifies as a"housing district" within the meaning of Minnesota Statutes, Section 469.174, subdivision 11. -2- 2.03. This Council hereby finds that the private redevelopment encouraged in the Redevelopment Project pursuant to the Project Plan would not, in the opinion of this Council, occur solely through private investment within the reasonably foreseeable future. Therefore,the use of tax increment financing is deemed necessary. 2.04. This Council hereby finds that the Amended Financing Plan conforms to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 2.05. This Council hereby finds that the Amended Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. The redevelopment activities in the Project Plan will provide continued affordable housing opportunities in the City and enhance the tax base of the City. 2.06. Upon review of the Amended Financing Plan, the information elicited at the public hearing and on the basis of the findings in Sections 2.01 to 2.05,this Council hereby approves the Amended Financing Plan. Adopted by the City Council this 18th day of July, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk -3- City of Eden Prairie, Minnesota Amendment No. 1 to the Amended Tax Increment Financing Plan Interest Rate Reduction Program for Tax Increment Financing District No. 10 Dated: July 18th, 2006 Original Plan Adopted: February 18, 1986 First Amended: March 7, 1989 Drafted by: Dorsey& Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 INTRODUCTION The purpose of this Amendment No. 1 to the Amended Tax Increment Plan for Tax Increment Financing District No. 10 (the TIF District) is to increase the total tax increment expenditures to provide for payment of previously incurred public improvement costs (the Public Improvement Costs) in order that the reduced rents currently in place pursuant to the Interest Rate Reduction Program will continue, notwithstanding the termination of the Interest Rate Reduction Program pursuant to law. The amendment makes no other modifications to the TIF District and does not result in an increase in the geographic size of the TIF District. In addition, there is no additional estimated fiscal and economic impact due to this amendment. The obligations of the parties are outlined in the Amended and Restated Project Management Agreement dated as of October 1, 1989, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie and Prairie Village Limited Partnership, as amended, including Amendment No. 2, dated as of July 1 st, 2005 (as so amended, the"Agreement"). 2 AMENDMENT OF TAX INCREMENT FINANCING PLAN The Amended Tax Increment Financing Plan/Interest Rate Redu ction Program of the Eden Prairie Housing and Redevelopment Authority, adopted February 18, 1986, and amended and restated March 7, 1989, for Tax Increment Financing District No. 10 is hereby further amended as follows: I. TAX INCREMENT FINANCING PLAN—TAX INCREMENT DISTRICT NO. 10 A. STATEMENT OF OBJECTIVES [No Change] B. CLASSIFICATION OF THE TIF DISTRICT [No Change] C. DEVELOPMENT PROGRAM [No Change] D. DEVELOPMENT ACTIVITIES [No Change] E. FINANCIAL ANALYSIS OF THE TIF DISTRICT BUDGET: COSTS Administration $ 100,000 Interest Rate Reduction 1,451,979 Public Redevelopment Costs 715,554 TOTAL COSTS $2,267,533 SOURCES Tax Increments $2,267,533 TOTAL SOURCES $2,267,533 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated cost is not increased. The Public Redevelopment Costs of the TIF District are listed below: 3 Engineering and Tests $ 5,600 Earthwork 67,200 Site Utilities 39,200 Bituminous 25,000 Irrigation 10,000 Landscaping 60,000 Concrete 315,000 Precast 180,000 Soil Correction 13,554 Total: $715,554 Such costs are eligible for reimbursement from tax increments of the TIF District. The total public costs associated with the TIF District will increase to, but not exceed, $2,267,533. 1. Original Gross Tax Capacity [No Change] 2. Captured Gross Tax Capacity [No Change.] 3. Duration of the TIF District [No Change] F. ESTIMATED IMPACT OF THE TIF DISTRICT ON OTHER TAXING JURISDICTIONS [No Change] 4 G. ADMINISTRATIVE PROCEDURES AND REQUIREMENTS 1. Modification of the TIF Plan or Change in Boundaries of the TIF District [No Change] 2. Use of Tax Increment All tax increment revenues derived from the TIF District shall be used in accordance with this TIF Plan and shall be used solely for the following purposes: a)to pay the principal of and interest on bonds issued to finance the elderly housing improvements,pursuant to Minnesota Statutes, Section 469.176, subd. 4; b)to finance the cost of the Interest Rate Reduction Program pursuant to Minnesota Statutes, Section 469.176, subd. 4f, and Section II hereof; c)to finance or otherwise pay the public redevelopment costs of the District pursuant to Minnesota Statutes, Sections 460.001 to 469.047, and as further described in Section III hereof following termination of the Interest Rate Reduction Program; and d)to pay administrative and legal expenses in connection with the Redevelopment Project Area. 3. Excess Tax Increments [No Change] 4. Tax Increment Account [No Change] 5. Limitation on Administrative Expenses [No Change] 6. Limitation on Increment [No Change] 7. Annual Disclosure [No Change] 8. Administration of the TIF District [No Change] II. INTEREST RATE REDUCTION PROGRAM [No Change] 5 III. PUBLIC IMPROVEMENT COSTS; REDUCED RENTS CONTINUED [New Section] A. STATEMENT OF OBJECTIVES The City intends to increase the total tax increment expenditures to provide for payment of previously incurred public improvement costs in order that the reduced rents currently in place pursuant to the Interest Rate Reduction Program will be continued notwithstanding the termination of the Interest Rate Reduction Program. B. PAYMENT FOR PUBLIC IMPROVEMENT COSTS Following termination of the Interest Rate Reduction Program,the units in the development will continue to be made available for rental on the same affordable basis to lower income tenants as described herein and in the Agreement, in consideration for the use of additional tax increment for the payment of such Public Improvement Costs as provided in this Amendment No. 1. C. FINANCING PLAN 1. Form and Amount of Assistance Upon termination of the Interest Rate Reduction Program described in Section 2.5 of the Agreement,the Agency shall pay to the Developer available increment funds to provide reimbursement for public redevelopment costs (the Public Redevelopment Costs) related to the Project heretofore incurred and paid by the Developer in an aggregate amount not to exceed$715,554. The Agency's payment of annual tax increment funds hereunder shall be made in two (2) equal installments, each installment to be paid within ten(10)business days of receipt by Agency of property tax revenues from Hennepin County. The Agency's obligation to make such payments is expressly contingent upon sufficient tax increment funds being generated annually to make such payments. In no event will the Agency be required to make any payments to the Developer for the Public Redevelopment Costs from any funds whatsoever other than those generated by the TIF District. The tax increment funds (the Tax Increment Funds) shall come from the tax increment generated by the TIF District and shall be used for the purpose of reimbursement for the Public Redevelopment Costs. In consideration for the Agency's agreement to make the additional annual payments described in subsection 2.7 of Amendment No. 2 to First Amended and Restated Project Management Agreement,the Developer agrees that it will continue to abide by the rental restrictions set forth in Section 3 of the Agreement for each calendar year in which it receives, or would be entitled to receive if tax increment revenues were sufficient,payments under subsection 2.7 of Amendment No. 2 to First Amended and Restated Project Management Agreement. 6 2. Duration of Tax Increment Assistance Tax increment assistance in the form described in this Section III is to be provided until the earliest of the following: (a) Decertification of the TIF District; or (b) Termination of the Project Management Agreement, as set forth therein. 7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. C. Denise Christensen Vacation 06-04 Vacation of the public roadway easement Public Works/Engineering over part of Lot 2, Block 1, Gray Fox Bluff Requested Action Move to: • Close the Public Hearing; and • Adopt a resolution vacating the public roadway easement over part of Lot 2, Block 1, Gray Fox Bluff. Synopsis The Property Owner has requested the vacation of the public roadway easement to facilitate replatting the property to The Preserve at Edenvale, approved by the Council on December 5, 2005. Background Information The requested vacation will remove the underlying encumbrance consisting of the roadway easement for Michele Lane. The vacation is a condition of the Developers Agreement for the plat of The Preserve At Edenvale. Attachments • Resolution • Location Map • Site Plans-2 sheets • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- VACATION OF THE PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2,BLOCK 1,GRAY FOX BLUFF VACATION 06-04 WHEREAS, the City of Eden Prairie has (a) certain Public Roadway Easement described as follows: A perpetual easement for public roadway purposes over, under and across that part of Lot 2, Block 1, Gray Fox Bluff, according to the recorded plat thereof, Hennepin County,Minnesota described as follows: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 1 degree 33 minutes 13 seconds West, along the east line of said Lot 2, a distance of 397.87 feet, to the point of beginning of the easement to be described; thence continuing South 1 degree 33 minutes 13 seconds West, along said east line, a distance of 150.00 feet;thence North 88 degrees 26 minutes 47 seconds West a distance of 105.00 feet; thence North 1 degree 33 minutes 13 seconds East a distance of 150.00 feet; thence South 88 degrees 26 minutes 47 seconds East a distance of 105.00 feet,to the point of beginning. WHEREAS, a Public Hearing was held on July 18, 2006, after due notice was given to affected property owners and published in accordance with M.S.A.412.851;and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Public Roadway Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Public Roadway Easement is not necessary and has no interest to the public,therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Public Roadway Easement described as: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 1 degree 33 minutes 13 seconds West, along the east line of said Lot 2, a distance of 397.87 feet, to the point of beginning of the easement to be described; thence continuing South 1 degree 33 minutes 13 seconds West, along said east line, a distance of 150.00 feet;thence North 88 degrees 26 minutes 47 seconds West a distance of 105.00 feet; thence North 1 degree 33 minutes 13 seconds East a distance of 150.00 feet; thence South 88 degrees 26 minutes 47 seconds East a distance of 105.00 feet,to the point of beginning. is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.412.851. 3. This Resolution shall not be effective until the plat of The Preserve At Edenvale has been filed with the Hennepin County Recorder/Registrar of Titles office. The City Clerk is directed to withhold filing this Resolution with the Hennepin County Recorder/Registrar of Titles office until the City Clerk has received evidence of the filing of said plat. ADOPTED by the Eden Prairie City Council on July 18, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk s rnY RD. fy gyp. — ,r ,t`,Y,,,,, , , PIPEN G�. N. LUND RD. G w S. LUND RD ce c,JG¢• BIRCH ISLAND o n 3, F, P• CL G L a OOp rER p,C�W ° R pR ��- ' w D IRON rm� G lY C S S <f y lE R SE� L O ITE �� rR �� c�• r0 O w A CP Q 10. O Z a. ti G n 1 r C � 1• � �\LL CIR HILL , RCS v ;© O lF ca, T Z o N. HILL CREST CREST S� D e iS. HILLCREST CRE�CZ. dp co CT. 1 12 �OD DR. VAC 06-04 NORTH LOCATION MAP THE PRESERVE .AT EDENVALE IRT. DOC. NO. T Fi i T I is o-1 5i p. L ee /:,55'• / Jee.darde,�:--.i if' / N A S il't•I l •:.,/ ar.a _ 1 .. 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My Cemmiuim Espima CnYCWNCLOF THE QTYOF EDEN FRAUM MURMOTA by May- By Maup« LANDFORM - NI NNaAtOa la•pNmaNl% ' The Preserve At Edenvale Ed- nPrairie, LRECORY 3 X&V41W t KEfP Rl \ / Yvap.,pDep 9 041162%320 0� ono VESTEM TWN Ct1►5PNO041t67t9W001� � H�j4 PW 04116?P310061 / 370--- x 8 4 1 Ma V6.40" PNy o4lnWWM J + eja. � d r• PN/041KT1 WM4 J Wo G wYk laa 0� yRT I Y U1t9 OF r 4. 254n ..----- - -- --- --�------,lL�AWAGE-AND-Uf[1TY-EA9Ef�Ni b� LL pit slit �lic I yhc 7r �'"� i• DErNi 0.teTFJD P4 MM?3400" / w°afu.4.Wn oo o/a.e' ry P a11s�z�4ome \ A, I \� + JL �T/ -DQAWAcE AND t1Tury EAwm-mT j1. LEGEND 7H EASEMENT FOR ROADWAY PURPOSES TO Be VACATED 0 5o 100 N 0& SCALE IN FEET LANDFORM VACATION 06-04 NOTICE OF VACATION OF THE PUBLIC ROADWAY EASEMENT OVER PART OF LOT 2,BLOCK 1, GRAY FOX BLUFF Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie,Minnesota, on July 18,2006 at 7:00 p.m. to hear all persons present upon the proposed vacation of the Public Roadway Easement described as follows: A perpetual easement for public roadway purposes over, under and across that part of Lot 2, Block 1, Gray Fox Bluff, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 2;thence on an assumed bearing of South 1 degree 33 minutes 13 seconds West, along the east line of said Lot 2, a distance of 397.87 feet, to the point of beginning of the easement to be described; thence continuing South 1 degree 33 minutes 13 seconds West, along said east line, a distance of 150.00 feet; thence North 88 degrees 26 minutes 47 seconds West a distance of 105.00 feet; thence North 1 degree 33 minutes 13 seconds East a distance of 150.00 feet; thence South 88 degrees 26 minutes 47 seconds East a distance of 105.00 feet,to the point of beginning. By Order of the City Council Published in the Sun Current on June 29,2006 NOTIFICATION LIST VACATION REQUEST 06-04 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 04-116-22-31-0201 04-116-22-33-0003 04-116-22-34-0090 CITY COUNCIL AGENDA DATE: July 18,2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Woodland 2nd Addition Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on .64 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a preliminary plat of.64 acres into one lot in order to build a single family home. Background Information This lot is part of the Woodland Addition which was approved as a replat of Edenvale 3rd Addition and consists of 57 single family residential lots and two outlots(outlot's A and B.) 6983 Woodland Drive is outlot A. Outlot A was originally approved as private open space with ownership by the Edenvale Homeowners Association,which no longer exists. Since the association no longer exists, a Judge released the private open space covenants recorded on the property.In order to build the City must approve the subdivision and development plan for the lot. The lot conforms to the requirements of the R1-13.5 Zoning District. Planning Commission Recommendation The Planning Commission voted 7-1 to recommend approval of the project to the City Council at the June 12,2006 meeting. Attachments 1. Resolutions 2. Staff Reports 3. Location Map 4. Land Use&Zoning Maps 5. Planning Commission Minutes WOODLAND 2'ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND 2ND ADDITION BY THOMAS ROBERTSON BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Woodland 2nd Addition for Thomas Robertson stamp dated July 18, 2006, and consisting of.64 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18d`day of July,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I THROUGH: Michael D.Franzen, City Planner DATE: June 9 2006 SUBJECT: Woodland 2nd Addition APPLICANT/ OWNER: Thomas Robertson LOCATION: 6983 Woodland Drive REQUEST: • Preliminary Plat of 27,979 square feet into one lot Staff Report—Woodland 2°d Addition June 9,2006 Page 2 BACKGROUND This lot is part of the Woodland Addition which was approved as a replat of Edenvale 3rd Addition and consists of 57 single family residential lots and two outlots(Outlot's A and B.) 6983 Woodland Drive is Outlot A. Outlot A was originally approved as private open space with ownership by the Edenvale Homeowners Association,which no longer exists. Prior to development of Outlot A,the site was required to be released from private open space covenants and restrictions. The property is zoned R1-13.5. The Comprehensive Guide Plan shows this site as Low Density Residential for up to 2.5 units per acre. PRELIMINARY PLAT The proposal is to plat the property into one single-family lot. Lot one is 27,979 square feet and, exceeding the minimum 13,500 square foot requirement. The abutting lots range from 13,500- 32,000 square feet. Lot dimension and frontage requirements also conform to the R1-13.5 zoning district. GRADING AND TREE LOSS There are a total of 326 diameter inches of significant trees on the property. Staff s analysis of tree loss is calculated at 7%, or 24 caliper inches. Tree replacement is 2 caliper inches. Staff recommends shifting the proposed house pad to the south 10 feet to avoid the drip line of the mature oak trees to the north. UTILITIES Public sanitary sewer and water is available in Woodland Drive. STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 27,979 square feet into one lot. This is based on plans stamp dated June 7,2006,the Staff Report dated June 9, 2006 and the following conditions: 1. Prior to City Council review,the proponent shall submit a grading plan for review. 2. Prior to release of the final plat,the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. Staff Report—Woodland 2°d Addition June 9,2006 Page 3 B. Enter into a Special Assessment Agreement for sewer and water. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. Area Location Map - Woodland 2nd Addition Address: 6983 Woodland Drive i Woodhill Trl _ _' 1 Ironwood Ct r- Summerhill Dr. Woodland Dr Springhill Cir in r SCale i Guide Plan Map Woodland 2nd Addition 6983 Woodland Drive Eden Prairie, Minnesota r i L W .. Woodhill TraiC '`- _� \,� .� � : } F � � v ET s n; a1,0 . c r 3 Ironwood Court N `i a S175 ff t; } : y n_q•R Summerhill Drive I: Woodland Drive € , I m � Q } `` WIN € " t � x r , Springhill Circle F f j r. r itls [d � ap i Low Density Residential 4-2.5 Units/Acre Neighborhood Commercial =Principal Arterial I Low Density/Public/Open Space ty , -----, Communi Commercial --A141inorrArferial Medium Density residential 2.540 Units/Acre Regional Commercial B MinorArtedid Medium Density Residential/Office E 4,. Park/Open Space Major Collector ' High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector n Office Church/Cemetery Officefindustrial Open Water DAMAPPMVad o3-1"Ia Ofte/PubllclOpen Space Right-Of-Way ogre Re iscd o r-oTas Industrial Metropolitan,Urban Service Line(MUSA) Creaks i } Zoning Map Woodland 2nd Addi tion 'i 69831Noodland Drive, Eden. Prairie, Minnesota £ r 1JVoodhtll Trail ;. f 11 , i i � t s Ironwood Court Summer r °g ' �� — Sprtnghtll C(rcle � � � \ r �i ' s I`h t'1"rairie as A { Rural One Family-10 arm min. Mighvtay Commercial Shoreland Management Classifications R1-44 One Family-44.000 Sf,min- Regional Service Commercial FaD Natural Environment Waters R1-22 One Family-22,000 sf min. Regional Commercial Ejj� Recreational Development Waters General Development Waters(Creeks Only) R1-13.5 One Famgq-13,500 sf min, Industrial Park-2Acre Min, ; ® 100- Year Floodpiain Rt-9:5 One Family-9,5470 st min. RM industrial Park-5 Axxa Min. R,91rvay:#312 Alast of County Road94 is proposed,not constructed at this Gme RM-6.5- Muni- amity-6.7 U.P.A.max. General industrial-SAcre Min. Up dated through Ordinance#09-20D$ EM RM-2.5 Multi-Family-17A U.P.A.max. Public Ordinance 03-2001(BFI Addition)approved,but not shorn on this map edition 3�....:. Oince Water Date:June 24,2005 t F 1n tsNdt3ti<�MsishM3W axnhru`axi�.i`ec enzlku hyrrRL44 'u Pleightwlhood Commercial �R)©hk-df-Y+'ay x�r.»mr�ueew�cary aaw-.�d,.cnc«v«.rac:+.,x: r• . *' Community Commercial Chanhassen City limits APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 12,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad,John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting,Jon Stoltz STAFF MEMBERS: Mike Franzen, City Planner Al Gray, City Engineer. Carol Pelzel, Recording Secretary I. PLEDGE OF ALLEGIANCE ROLL CALL The meeting was called to order by Chair Stoelting at 7:00 p.m.Absent: Rocheford II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk,to approve the agenda as presented.Motion carried, 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 22,2006. MOTION by Kirk, seconded by Koenig to approve the minutes as presented.Motion carried,6-0-2 with Seymour and Stoltz abstaining because of absence from that meeting. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. VARIANCE#2006-05 by Lisa Rosenthal.Request to: Permit a shoreland setback of 75 feet for a room and deck addition from Purgatory Creek. City Code requires a 100 foot shoreland setback from Purgatory Creek which is classified as General Development Water.Location of the property is 6816 Charis Court. Rosenthal explained that her main goal for building this addition is to allow her to work from her home. She presented a petition that had been signed by all of her neighbors in support of this request. She was unable to obtain the signature of one neighbor who was out of town. EDEN PRAIRIE PLANNING COMMISSION June 12,2006 Page 2 Nathan Shanklin, designer for the project,reviewed with the Commission the plans showing where the addition will be located.They propose to extend the lower bedroom out towards the creek. That room will be used as a studio in which Rosenthal will be able to work out of. Shanklin said they would be expanding the dining room in the upper level and off that they will be constructing a deck.There is the possibility in one area that they could build a smaller addition but there is a problem with the topography of the lot and the flow of the addition would not work with the upstairs. The access to the studio would also be affected. The smaller proposal would also be cost prohibitive because of the existing windows and design of the home. Shanklin stated that the proposed design would encroach on the creek a little further than what the house currently does.The previous owner had constructed a deck without a permit that extends 16 feet out from the house. Shanklin pointed out that the 75- foot setback is in conformance with the State's guidelines. In looking at the other structures in the neighborhood,many of them are built into the required setback. Shanklin further explained that this is a very small house and this addition will make more of the house usable and the addition will conform more to the existing homes in the neighborhood. Rosenthal pointed out that the upper and lower decks were never aesthetically situated. Nothing came together and the addition will be a great improvement to the neighborhood. The affected neighbors are in favor of the addition and feel the proposed changes will have a positive affect on the visual aspect of the home. Shanklin indicated that this is a very small house on a large lot.Approximately 9 percent of the lot size is used for hard cover.The applicant is building what she needs and no more. This house is considerably smaller than other houses in the neighborhood and in the City. Franzen presented the staff report indicating that to do something in this manner within the setback, considerable structural changes to the house and internal changes as to room locations would have to be made.The Commission needs to take into consideration the relationship between the size of the building to the size of the lot.Most new homes built in the City occupy 25 percent of the lot as compared with 9%with this variance.Franzen explained that the Commission cannot look at structural changes and cost associated as the only reason for considering this variance.This could be one of the reasons.The more compelling reason would be the amount of small coverage and the percentage of the building that encroaches on the 100-foot setback that may make it different from other lots. Stoelting explained that the staff report talked about a shoreland setback of 75 feet for the room and deck addition and the letter from the developer talks about a setback of 84.6 feet. He questioned the two different setback numbers. Shanklin explained that the original survey was printed on an 8 %x 11 sheet of paper and was not to scale. When they scaled it they came up with a 75 foot setback which is the correct number. Powell pointed out that the neighbors who signed the petition of approval all lived on Charis Court. He asked if any other residents on Duck Lake Trail,Tartan Curve of Sugarhill Circle were contacted. Rosenthal explained that when she received the letter from the City indicating that it would be sent to the people who lived within 500 feet of her residence, she assumed it was only necessary to contact those people who would be directly affected by the EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 3 addition.Rosenthal offered to contact the other residents for their approval to construct this addition. Kirk said that when he visited this site it was difficult to get an assessment of the impact of this addition on the Creek.He asked if City staff did review this site to determine that there will be no impact to the Creek.Franzen replied that the proponent is not proposing to remove any trees adjacent to the house.Also,they are not altering any part of the property that is within 50 feet of the required setback zone. Koenig asked if staff has any idea as to how far back other homes are set in this area. Franzen responded back p nded that any homes built prior to 1982 are 75,feet b because that represented the State model at that time. In 1982,the City incorporated the State standards into its ordinance and decided to require that all bodies of water have the same setback. Koenig also asked if there are any other variances in the area.Franzen said that Staff is not aware of any.In response to a question from Koenig,Franzen explained that no grading or alteration of the existing vegetation is allowed within the shore impact zone. Stoelting explained that there is a provision in the ordinance that a variance may be granted if this is an undue hardship.He asked the proponent to address the issue of undue hardship. Rosenthal stated that she is required to travel extensively to care for family members. This does not allow her to take on a full-time job because of her family responsibilities and the requirements for travel and flexibility.Rosenthal said creating this studio would allow her to work from her home. Pitzrick pointed out that the addition being proposed is not that large relative to the size of the lot.A similar addition on the side of the house would have a significant negative impact on the neighboring homes.The neighbors have indicated that they feel this is a positive addition. Stoelting said it appears that the undue hardship is the size of the lot.This addition appears to be the most likely size due to the unique features of the lot. The utility easements may also be another factor as to why this addition is placed in the direction that it is. Motion by Kirk, seconded by Koenig,to close the public hearing.The motion carried,8-0. Motion by Kirk, seconded by Powell,to recommend approval of the shoreland setback variance of 75-feet for a room and deck addition based on plans stamp dated May 5, 2006 and the staff report dated June 9, 2006. The motion carried,8-0. B. WOODLAND 2'D ADDITION by Tom Robertson. Request for: Preliminary Plat of 27,979 square feet into one lot. Location of the property is 6983 Woodland Drive. Robertson explained that a neighborhood meeting was held regarding this proposal. Eighty different homeowners were notified and four people came to the meeting representing the EDEN PRAIRIE PLANNING CONIlVIISSION June 12, 2006 Page 4 owners adjacent to this lot. The neighbors do not object to this proposal.Robertson said they do concur with the staff s report and are proposing to shift the proposed house pad to the south ten feet to avoid the drip line of the mature oak trees to the north. Staff presented the staff report indicating that staff is recommending approval with conditions as outlined on Pages 2 and 3 of the staff report. Pitzrick asked the proponent if he has contacted the people that are proposing to purchase the property to the north.Robertson explained that he is the individual selling the property and the purchaser is buying that property and this lot.At the present time,they have no plans to do anything with the lot but want to know they have a buildable lot. Powell asked for the history on the transfer of ownership for this outlot. Franzen explained that much of the common area land in Edenvale went into tax forfeiture when the Association was dissolved. In some case land was sold directly to individuals. The City had first option to purchase property.After that time, anyone could purchase it from the County by going through the public process.Powell said it seems strange that the Association would sell property that was dedicated as open space and that the City would allow or support this. Franzen said that is at the City's discretion of converting open space to a lot since it was part of an approved plan.He added that the lot conforms to city code and zoning in the area. Robertson explained that the Association was served by the Courts and there was no response on the service.They also went to the Secretary of State's office and the Association had not filed anything with them to remain active for the last eight to ten years. Powell said he realizes they have no control over what happened 15 or 20 years ago but that he is not supportive of allowing outlots that were public to go private.Powell said the proponent has rightful use of the property but he cannot support the conversion of open space to housing. Stoelting indicated that the proponent has gone through the legal process and he said he does not know that they can dispute the process he has followed.The proponent has also held a meeting with the neighbors and they do not object to the proposal. Stoelting said he personally has no problem with the request. Koenig said she does not question what the proponent has done but does have questions about the procedure and what will happen when other areas in Associations that dissolve become available. She asked if they would have to go through a similar process.Franzen explained that they will find other situations coming forward in the future.They need to look at each request and determine what makes it different from other sites and to decide whether or not the City should approve the request or not allow it.They would need to look at the lot size and setbacks to determine whether or not it should be allowed on an individual basis. Kirk said that there are circumstances surrounding each individual outlot that they could face that would guide the Commission in different directions.Each case will stand on its own.He indicated that he would support the proposal being made today. EDEN PRAIRIE PLANNING COMMISSION June 12,2006 Page 5 Motion: by Duckstad, seconded by Koenig,to close the public hearing. The motion carried,8-0. Motion: by Duckstad, seconded by Stoltz,to recommend approval of the Preliminary Plat of 27,979 square feet into one lot based on plans stamp dated June 7,2006,and the staff report dated June 9, 2006. The motion carried,7-1 with Powell voting nay. C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission.Request for: • Planned Unit Development Concept Review on 10.1 acres. • Planned Unit Development District Review with waivers on 10.1 acres. • Zoning District Amendment within the I-2 to Zoning District on 10.1 acres. • Site Plan Review on 10.1 acres. Location of the property is 14405 62nd Street West. Dave Simoneau, Director of Operations&Maintenance for South West Metro Transit, explained that transit is growing 20 to 25 percent per year.They currently have 56 buses and have maxed out their bus storage and maintenance facility. Simoneau indicated that they are trying to maximize the use of this site and this proposal will carry them through 2009. Eric Jansen of LSA Design,explained that this plan focuses on getting enough buses on the site that addresses the needs of the southwest metro.Jansen presented an overview of the site stating that this would be a stand-alone bus storage facility on the south part of the site. The site expansion would accommodate straight in and straight out for 22 buses. They are also proposing to add an employee parking lot on the west part of the site and to add a fueling canopy to the existing fuel island. Jansen further explained that another major piece of this project is the capturing of additional storm water in the pond on the east end of the site. This will be a pre-manufactured building with concrete block and the colors will be similar to the existing building. Franzen presented the staff report indicating that staff is recommending approval according to the recommendations on Pages 3 and 4 of the staff report. Koenig asked how much this project would encroach on the shoreland area.Franzen explained that they would be approximately 50 feet from the creek and there is a 25-foot wetland buffer. Stoelting said staff has indicated that some waivers need to be approved.He asked Franzen to address those waivers.Franzen reviewed the waivers with the Commission and presented the various reasons for the waivers. EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 6 Stoltz stated that the proponent has indicated that this project will carry them through 2009. P P 1TY g P J He asked what they would do when they outgrow this facility. Simoneau responded that part of the issue right now is to accommodate the real-time growth.Eventually,they will have to look at communities where their service takes them and they may need to look at something west of Eden Prairie. Simoneau explained that they are in the process of looking for land further west.They will continue to use this facility but will have to expand in other areas. Motion by Stoltz, seconded by Koenig,to close the public hearing.The motion carried,8- 0. Motion by Stoltz, seconded by Powell,to recommend approval of the Planned Unit Development Concept Review on 10.1 acres, Planned Unit Development District Review with waivers on 10.1 acres,Zoning District Amendment within the 1-2 Zoning District on 10.1 acres, and the Site Plan Review on 10.1 acres based on plans stamp dated May 24, 2006, and the staff report dated June 9, 2006. The motion carried,8-0. VH. MEMBERS' REPORTS Kirk presented an update to the Commission on the Way Finding Committee. Stoelting said the Commission had received an invitation to the Going Green workshop. The workshop will be held on Tuesday, June 27, from 8:30 a.m.to 3:00 p.m. at the Minnesota Arboretum. VH1. CONTINUING BUSINESS Franzen said they are attempting to reschedule the Other Cities Bus Tour. He asked that the Commission members indicate which dates they are available. Franzen stated that the next meeting of the Commission is June 19 and they have two items for that meeting. There will be a joint Planning Commission and City Council workshop on July 18 beginning at 5:00 p.m.relative to the Guide Plan update.Also, on June 19 the consultant will give a presentation to the Commission relative to the Guide Plan updates. Franzen indicated that homeowners have difficulty coming up with hardships or unique circumstances for requesting a variance. He said he is proposing to modify the variance application to give the homeowners insight as to what they should include in their description for requesting the variance. They should look at things such as the impact on tree loss,the impact on wetland, small size variance, unusual size of lot, improving visual impact of home, utility easements impacting the location of the addition, etc. Franzen said he would try to have a revised application put together as soon as possible. IX. NEW BUSINESS X. PLANNERS' REPORT EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 7 XI. ADJOURNMENT Motion by Pitzrick, seconded by Kirk,to adjourn the meeting. The motion carried,8-0.The meeting was adjourned at 8:20 p.m. CITY COUNCIL AGENDA DATE: July 18, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. E. Community Southwest Metro Transit Bus Garage REVISED Development/Planning Addition Janet Jeremiah Scott Kipp Requested Action Move to: • Continue the public hearing to the August 15, 2006, City Council meeting. Synopsis Len Simich is requesting a continuance to the August 15, 2006, City Council meeting. The plans need to be revised based on soil conditions and costs. SOUTHWEST METRO TRANSIT Sw 13500 Technology Drive, Eden Prairie, MN 55344 � 952-949-2BUS•www.swtransit.org July 17,2006 Mr.Michael Franzen City Planner City of Eden Prairie RE: SouthWest Transit Garage Addition: Dear Mr.Franzen; The purpose of this letter is to request a continuance to the August 15,2006 meeting of the Eden Prairie City Council for action related to our current bus garage and maintenance facility expansion request. As you are aware,during the preliminary engineering and soil analysis for this project, 12 soil borings were sampled ranging in depths from 6 to 38 feet. One of the borings taken near the proposed garage expansion area contained a petroleum odor and others contained debris including concrete,wood,bituminous, limestone,wire and cinders. Upon discovery, SouthWest Metro commissioned a Phase II Environmental Site Assessment to be conducted over the entire site. The study concluded that there were minimal suspect environmental conditions and no risk of contamination leaking into the ground water or nearby watershed area. Even though the environmental impacts are minimal and require no immediate attention, SouthWest Metro with its consultant will be putting together an action plan to address the situation. The action plan will outline the steps/activities necessary to address the environmental conditions addressed in the Phase II report. Once the Action Plan is completed,we will file a copy with both the City and the Minnesota Pollution Control Agency. It is anticipated that the additional cost of the clean-up,as well as how the outbuilding addition would need to be constructed has driven the cost of this project beyond our current financial capabilities. We are currently in the process of examining an alternative option which fits within our constrained budget and will be submitting that to you by no later than Monday,August 7,2006. We do not believe the plan changes will be substantive changes,and will most likely include a simple expansion to our current facility,relocating some of the employee parking,relocating our current fueling station,and relocating the existing water main located west of the existing facility. Please let me know if we can provide any further information. Thanks again for your assistance to date. incerely, f Len Simich Executive Director CC: Nancy Tyra-Lukens,Mayor/SouthWest Transit Commission Member Ron Case,Councilor/Commission Member Scott Neal,City Manager Janet Jeremiah,Planning Director Craig Peterson,Chair SouthWest Transit APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DUNE 12,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad,John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford,Fred Seymo ur,Ray g Stoeltin ,Jon Stoltz STAFF MEMBERS: Mike Franzen, City Planner Al Gray, City Engineer. Carol Pelzel, Recording Secretary I. PLEDGE OF ALLEGIANCE-ROLL CALL The meeting was called to order by Chair Stoelting at 7:00 p.m.Absent: Rocheford II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk,to approve the agenda as presented. Motion carried, 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 22,2006. MOTION by Kirk, seconded by Koenig to approve the minutes as presented. Motion carried,6-0-2 with Seymour and Stoltz abstaining because of absence from that meeting. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETING VI. PUBLIC HEARINGS A. VARIANCE#2006-05 by Lisa Rosenthal. Request to: Permit a shoreland setback of 75 feet for a room and deck addition from Purgatory Creek. City Code requires a 100 foot shoreland setback from Purgatory Creek which is classified as General Development Water.Location of the property is 6816 Charis Court. Rosenthal explained that her main goal for building this addition is to allow her to work from her home. She presented a petition that had been signed by all of her neighbors in support of this request. She was unable to obtain the signature of one neighbor who was out of town. EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 2 Nathan Shanklin, designer for the project, reviewed with the Commission the plans showing where the addition will be located.They propose to extend the lower bedroom out towards the creek. That room will be used as a studio in which Rosenthal will be able to work out of. Shanklin said they would be.expanding the dining room in the upper level and off that they will be constructing a deck.There is the possibility in one area that they could build a smaller addition but there is a problem with the topography of the lot and the flow of the addition would not work with the upstairs. The access to the studio would also be affected. The smaller proposal would also be cost prohibitive because of the existing windows and design of the home. Shanklin stated that the proposed design would encroach on the creek a little further than what the house currently does. The previous owner had constructed a deck without a permit that extends 16 feet out from the house. Shanklin pointed out that the 75- foot setback is in conformance with the State's guidelines.In looking at the other structures in the neighborhood, many of them are built into the required setback. Shanklin further explained that this is a very small house and this addition will make more of the house usable and the addition will conform more to the existing homes in the neighborhood. Rosenthal pointed out that the upper and lower decks were never aesthetically situated. Nothing came together and the addition will be a great improvement to the neighborhood. The affected neighbors are in favor of the addition and feel the proposed changes will have a positive affect on the visual aspect of the home. Shanklin indicated that this is a very small house on a large lot.Approximately 9 percent of the lot size is used for hard cover.The applicant is building what she needs and no more. This house is considerably smaller than other houses in the neighborhood and in the City. Franzen presented the staff report indicating that to do something in this manner within the setback, considerable structural changes to the house and internal changes as to room locations would have to be made.The Commission needs to take into consideration the relationship between the size of the building to the size of the lot.Most new homes built in the City occupy 25 percent of the lot as compared with 9 %with this variance. Franzen explained that the Commission cannot look at structural changes and cost associated as the only reason for considering this variance.This could be one of the reasons. The more compelling reason would be the amount of small coverage and the percentage of the building that encroaches on the 100-foot setback that may make it different from other lots. Stoelting explained that the staff report talked about a shoreland setback of 75 feet for the room and deck addition and the letter from the developer talks about a setback of 84.6 feet. He questioned the two different setback numbers. Shanklin explained that the original survey was printed on an 8 %2 x 11 sheet of paper and was not to scale. When they scaled it they came up with a 75 foot setback which is the correct number. Powell pointed out that the neighbors who signed the petition of approval all lived on Charis Court. He asked if any other residents on Duck Lake Trail,Tartan Curve of Sugarhill Circle were contacted.Rosenthal explained that when she received the letter from the City indicating that it would be sent to the people who lived within 500 feet of her residence, she assumed it was only necessary to contact those people who would be directly affected by the EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 3 addition.Rosenthal offered to contact the other residents for their approval to construct this addition. Kirk said that when he visited this site it was difficult to get an assessment of the impact of this addition on the Creek.He asked if City staff did review this site to determine that there will be no impact to the Creek.Franzen replied that the proponent is not proposing to remove any trees adjacent to the house.Also,they are not altering any part of the property that is within 50 feet of the required setback zone. Koenig asked if staff has any idea as to how far back other homes are set in this area. Franzen responded that any homes built prior to 1982 are 75 feet back because that represented the State model at that time. In 1982,the City incorporated the State standards into its ordinance and decided to require that all bodies of water have the same setback. Koenig also asked if there are any other variances in the area.Franzen said that Staff is not aware of any. In response to a question from Koenig, Franzen explained that no grading or alteration of the existing vegetation is allowed within the shore impact zone. Stoelting explained that there is a provision in the ordinance that a variance may be granted if this is an undue hardship.He asked the proponent to address the issue of undue hardship. Rosenthal stated that she is required to travel extensively to care for family members. This does not allow her to take on a full-time job because of her family responsibilities and the requirements for travel and flexibility.Rosenthal said creating this studio would allow her to work from her home. Pitzrick pointed out that the addition being proposed is not that large relative to the size of the lot.A similar addition on the side of the house would have a significant negative impact � g P on the neighboring homes.The neighbors have indicated that they feel this is a positive addition. Stoelting said it appears that the undue hardship is the size of the lot. This addition appears to be the most likely size due to the unique features of the lot. The utility easements may also be another factor as to why this addition is placed in the direction that it is. Motion b Kirk seconded b Koenig,to close the public hearing.The motion carried,8-0. Y � Y g� P g Motion by Kirk, seconded by Powell,to recommend approval of the shoreland setback variance of 75-feet for a room and deck addition based on plans stamp dated May 5, 2006 and the staff report dated June 9, 2006. The motion carried,8-0. B. WOODLAND 2ND ADDITION by Tom Robertson.Request for: Preliminary Plat of 27,979 square feet into one lot. Location of the property is 6983 Woodland Drive. Robertson explained that a neighborhood meeting was held regarding this proposal.Eighty different homeowners were notified and four people came to the meeting representing the EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 4 owners adjacent to this lot.The neighbors do not object to this proposal.Robertson said they do concur with the staff s report and are proposing to shift the proposed house pad to the south ten feet to avoid the drip line of the mature oak trees to the north. Staff presented the staff report indicating that staff is recommending approval with conditions as outlined on Pages 2 and 3 of the staff report. Pitzrick asked the proponent if he has contacted the people that are proposing to purchase the property to the north. Robertson explained that he is the individual selling the property and the purchaser is buying that property and this lot.At the present time,they have no plans to do anything with the lot but want to know they have a buildable lot. Powell asked for the history on the transfer of ownership for this outlot.Franzen explained that much of the common area land in Edenvale went into tax forfeiture when the Association was dissolved. In some case land was sold directly to individuals. The City had first option to purchase property.After that time, anyone could purchase it from the County by going through the public process.Powell said it seems strange that the Association would sell property that was dedicated as open space and that the City would allow or support this. Franzen said that is at the City's discretion of converting open space to a lot since it was part of an approved plan.He added that the lot conforms to city code and zoning in the area. Robertson explained that the Association was served by the Courts and there was no response on the service.They also went to the Secretary of State's office and the Association had not filed anything with them to remain active for the last eight to ten years. Powell said he realizes they have no control over what happened 15 or 20 years ago but that he is not supportive of allowing outlots that were public to go private. Powell said the proponent has rightful use of the property but he cannot support the conversion of open space to housing. Stoelting indicated that the proponent has gone through the legal process and he said he does not know that they can dispute the process he has followed.The proponent has also held a meeting with the neighbors and they do not object to the proposal. Stoelting said he personally has no problem with the request. Koenig said she does not question what the proponent has done but does have questions about the procedure and what will happen when other areas in Associations that dissolve become available. She asked if they would have to go through a similar process.Franzen explained that they will find other situations coming forward in the future. They need to look at each request and determine what makes it different from other sites and to decide whether or not the City should approve the request or not allow it.They would need to look at the lot size and setbacks to determine whether or not it should be allowed on an individual basis. Kirk said that there are circumstances surrounding each individual outlot that they could face that would guide the Commission in different directions.Each case will stand on its own.He indicated that he would support the proposal being made today. EDEN PRAIRIE PLANNING COMMISSION June 12, 2006 Page 5 Motion: by Duckstad, seconded by Koenig,to close the public hearing. The motion carried,8-0. Motion: by Duckstad, seconded by Stoltz,to recommend approval of the Preliminary Plat of 27,979 square feet into one lot based on plans stamp dated June 7,2006, and the staff report. dated June 9, 2006. The motion carried,7-1 with Powell voting nay. C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission.Request for: • Planned Unit Development Concept Review on 10.1 acres. • Planned Unit Development District Review with waivers on 10.1 acres. • Zoning District Amendment within the I-2 to Zoning District on 10.1 acres. • Site Plan Review on 10.1 acres. Location of the property is 14405 62°a Street West. Dave Simoneau,Director of Operations&Maintenance for South West Metro Transit, explained that transit is growing 20 to 25 percent per year. They currently have 56 buses and have maxed out their bus storage and maintenance facility. Simoneau indicated that they are trying to maximize the use of this site and this proposal will carry them through 2009. Eric Jansen of LSA Design, explained that this plan focuses on getting enough buses on the site that addresses the needs of the southwest metro. Jansen presented an overview of the site stating that this would be a stand-alone bus storage facility on the south part of the site. The site expansion would accommodate straight in and straight out for 22 buses. They are also proposing to add an employee parking lot on the west part of the site and to add a fueling canopy to the existing fuel island. Jansen further explained that another major piece of this project is the capturing of additional storm water in the pond on the east end of the site.This will be a pre-manufactured building with concrete block and the colors will be similar to the existing building. Franzen presented the staff report indicating that staff is recommending approval according to the recommendations on Pages 3 and 4 of the staff report. Koenig asked how much this project would encroach on the shoreland area.Franzen explained that they would be approximately 50 feet from the creek and there is a 25-foot wetland buffer. Stoelting said staff has indicated that some waivers need to be approved.He asked Franzen to address those waivers.Franzen reviewed the waivers with the Commission and presented the various reasons for the waivers. EDEN PRAIRIE PLANNING COMMISSION June 12,2006 Page 6 Stoltz stated that the proponent has indicated that this project will carry them through 2009. He asked what they would do when they outgrow this facility. Simoneau responded that part of the issue right now is to accommodate the real-time growth.Eventually,they will have to look at communities where their service takes them and they may need to look at something west of Eden Prairie. Simoneau explained that they are in the process of looking for land further west. They will continue to use this facility but will have to expand in other areas. Motion by Stoltz, seconded by Koenig,to close the public hearing. The motion carried,8- 0. Motion by Stoltz, seconded by Powell,to recommend approval of the Planned Unit Development Concept Review on 10.1 acres,Planned Unit Development District Review with waivers on 10.1 acres, Zoning District Amendment within the I-2 Zoning District on 10.1 acres, and the Site Plan Review on 10.1 acres based on plans stamp dated May 24,2006, and the staff report dated June 9, 2006. The motion carried,8-0. VH. MEMBERS' REPORTS Kirk presented an update to the Commission on the Way Finding Committee. Stoelting said the Commission had received an invitation to the Going Green workshop.The workshop will be held on Tuesday,June 27, from 8:30 a.m.to 3:00 p.m. at the Minnesota Arboretum. VH1. CONTINUING BUSINESS Franzen said they are attempting to reschedule the Other Cities Bus Tour.He asked that the Commission members indicate which dates they are available. Franzen stated that the next meeting of the Commission is June 19 and they have two items for that meeting. There will be a joint Planning Commission and City Council workshop on July 18 beginning at 5:00 p.m.relative to the Guide Plan update.Also, on June 19 the consultant will give a presentation to the Commission relative to the Guide Plan updates. Franzen indicated that homeowners have difficulty coming up with hardships or unique circumstances for requesting a variance. He said he is proposing to modify the variance application to give the homeowners insight as to what they should include in their description for requesting the variance.They should look at things such as the impact on tree loss,the impact on wetland, small size variance, unusual size of lot, improving visual impact of home,utility easements impacting the location of the addition, etc. Franzen said he would try to have a revised application put together as soon as possible. IX. NEW BUSINESS X. PLANNERS' REPORT EDEN PRAIRIE PLANNING COMNUSSION June 12, 2006 Page 7 XI. ADJOURNMENT Motion by Pitzrick, seconded by Kirk,to adjourn the meeting. The motion carried,8-0. The meeting was adjourned at 8:20 p.m. CITY COUNCIL AGENDA DATE: July 18, 2006 SECTION: Payment of Claims DEPARTMENUDIVISION: 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 153952 - 154820 Wire Transfers 2483 -2499 City of Eden Prairie Council Check Summary 7/18/2006 Division Amount Division Amount General 76,882 509 CIP Fund 206,686 100 City Manager 14,665 511 Construction Fund 69,726 101 Legislative 5,389 512 CIP Trails 146,010 102 Legal Counsel 36,519 515 Fire Station#4 240,497 110 City Clerk 1,257 516 ADC PROJECT 17,440 III Customer Service 14,764 517 212/Charlson Intersection 1,115 112 Human Resources 1,535 520 Parks Referendum 107,845 113 Communication Services 12,431 521 Trails Referendum 8,480 114 Benefits&Training 6,571 522 IMPROVMENT PROJECTS 2006 1,990 115 Risk Management 108,142 601 Prairie Village Liquor 237,856 116 Facilities 77,574 602 Den Road Liquor 344,770 117 City Center 140,348 603 Prairie View Liquor 214,224 130 Assessing 2,587 605 Den Road Building 22,264 131 Finance 1,409 701 Water Fund 225,083 132 Social Services 47 702 Sewer Fund 266,056 133 Planning -33 703 Storm Drainage Fund 40,522 134 Heritage Preservation 278 800 TIF 817,291 135 Information Technology 81,211 803 Escrow Fund 9,000 136 Wireless Communication 48,397 806 SAC Agency Fund 74,400 137 Economic Development 1,276 807 Benefits Fund 564,821 138 Community Development Admin. 764 150 Park Administration 908 Report Totals 5,305,087 151 Park Maintenance 59,807 152 Parks Capital Outlay 1,211 153 Organized Athletics 15,540 154 Community Center 5,503 155 Beaches 296 156 Youth Programs 5,696 157 Special Events 17,370 158 Adult Recreation 2,989 160 Therapeutic Recreation 1,598 161 Oak Point Pool 3,448 162 Arts 18,981 163 Outdoor Center 8,608 164 Park Rental Facilities 742 180 Police 24,118 183 Emergency Preparedness 8,271 184 Fire 52,331 185 Animal Control 1,031 200 Engineering 389 201 Street Maintenance 19,185 202 Street Lighting 57,810 203 Fleet Services 52,012 204 Equipment Revolving 26,150 300 Heritage Preservation Grants 500 301 CDBG 18,958 303 Cemetary Operation -35 304 Senior Board 218 306 Federal Forfeiture Drugs 23,450 312 Recycle Rebate 16,189 314 Liquor Compliance 750 316 WAFTA 7,004 317 Eden Prairie Players 128 417 $3,390,000 Facility Bond 2000 750 418 BRA 2002A Lease Revenue Bonds 114,944 424 G.O.Improvement Bonds 2003D 42,920 429 G.O.Improvement Bonds 2005C 118,501 430 G.O.Improvement Bonds 2006A 167,094 502 Park Development 88,520 503 Utility Improvement 33,122 506 Improvment Bonds 1996 39,995 City of Eden Prairie Council Check Register 7/18/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2483 11,754 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2484 16,421 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2485 86,500 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2486 28,685 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2487 146,473 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2488 278 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2489 81,699 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2490 69,445 MINNESOTA DEPT OF REVENUE Sales Tax Payable Prairie View Liquor Store 2491 11,358 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2492 16,446 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2493 87,233 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2494 30,532 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2495 157,944 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2496 17,851 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2497 42,920 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 2498 114,944 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 2499 285,595 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006A 153952 28 AMERICAN MESSAGING Pager&Cell Phone Sewer Utility-General 153953 2,741 AQUA ENGINEERING INC Repair&Maint.Supplies ADC PROJECT 153954 319 ASPEN WASTE SYSTEMS INC. Other Contracted Services Rehab 153955 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 153956 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 153957 850 BLOOM,KATHLEEN A Other Contracted Services Summer Theatre 153958 141 BRINK,PATRICK Mileage&Parking Communication Services 153959 94 BRUENING,CHARLOTTE Landscape Materials/Supp Park Maintenance 153960 1,523 BURTON EQUIPMENT INC Building Capital Impr./Maint.Fund 153961 402 BUTCHER,SHERRY Travel Expense City Council 153962 3,835 CENTURYTEL Telephone Telephone 153963 242 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 153964 16 DUVICK,JIM Program Fee Trips 153965 100 EGGERT,JEFF Refunds Environmental Education 153966 100 ELLIOTT,CARL Refunds Environmental Education 153967 904 GE CAPITAL Other Rentals General 153968 100 GOOD NEWS BIG BAND Other Contracted Services Staring Lake Concert 153969 254 HOOGENAKKER,KATHLEEN Dues&Subscriptions Finance 153970 100 LOISELLE,JOHN Refunds Environmental Education 153971 155 MERLINS ACE HARDWARE Supplies-General Bldg Ice Arena Maintenance 153972 3,241 METRO SALES INCORPORATED* Other Rentals General 153973 900 MIDDLE SPUNK CREEK BOYS Other Contracted Services Riley-Jacques Barn 153974 975 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 153975 133 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 153976 17 PAULSEN,CAROLE Program Fee Red Hat 153978 82 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 153979 6,638 PROP Refunds CDBG-Public Service 153980 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 153981 1,710 RUMPCA CO INC Waste Disposal Tree Removal 153982 575 SPLATTER SISTERS,THE Other Contracted Services Staring Lake Concert 153983 179 STOPPELMAN,CHUCK Deposits Escrow 153984 144 TIME WARNER CABLE Dues&Subscriptions City Council 153985 90 UNIVERSITY OF MN EXTENSION Licenses&Taxes Park Maintenance 153986 540 US POSTMASTER-HOPKINS Postage Senior Center Administration 153987 126 AKERLAND,SUSAN Outdoor Center Park Facilities 153988 4,479 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 153989 1,587 BATON CORPORATION Deposits Escrow 153990 32 BIRDIES GOLF Operating Supplies Summer Skill Development 153991 90 BUSINESS JOURNAL,THE Dues&Subscriptions Economic Development 153992 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 153993 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 153994 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 153995 480 GOVERNMENT FINANCE OFFICERS AS Awards Finance 153996 117 HARTZELL,PAUL Operating Supplies Staring Lake Concert 153997 194 HENNEPIN COUNTY TREASURER Operating Supplies Planning 153998 36 MACT Other Contracted Services Sports,Fun,&Fitness Check# Amount Vendor/Explanation Account Description Business Unit 153999 750 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 154000 19 RICHFIELD,CITY OF Operating Supplies Fleet Services 154001 28 SCHUMACHER,LANA Program Fee Playgrounds 154002 94 SEATON,ROBYN Other Contracted Services Summer Theatre 154003 45 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 154004 3,585 US POSTMASTER-HOPKINS Postage Communication Services 154005 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 154006 27 VO,VYVY Lessons&Classes Fitness Classes 154007 9 WEBER,ANNETTE Program Fee Leisure Education 154008 14,382 XCEL ENERGY Principal City Hall-CAM 154009 60 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 154010 20 AKHTAR,MOIZ Events/Admission Fee Teen Programs 154011 950 ALLMAX SOFTWARE INC Software Water Treatment Plant 154012 48 ARNESON,AMY Lessons&Classes Oak Point Lessons 154013 1,057 AUDIOVISUAL INC Miscellaneous Information Technology 154014 256 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 154015 60 BRAGG,ANNALISA Instructor Service Outdoor Center 154016 404 CLAREYS INC Safety Supplies Sewer Utility-General 154017 440 COSTCO Operating Supplies Fire 154018 213 CULLIGAN BOTTLED WATER Operating Supplies Fire 154019 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 154020 300 DECORATIVE DESIGNS INC Grounds Maintenance Water Treatment Plant 154021 74 DIRECT SAFETY CO Safety Supplies Water Treatment Plant 154022 16,768 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 154023 244 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 154024 137 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Den Road Liquor Store 154025 70 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire 154026 49 GINA MARIAS INC Operating Supplies Fire 154027 3,556 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 154028 280 HALE,WILLIAM Other Contracted Services Staring Lake Concert 154029 95 HAMILTON,ANDY Employment Support Test Fire 154030 20 HARTLEY,MARY KAY Events/Admission Fee Teen Programs 154031 47 HEIM,KEVIN Building Permits General Fund 154032 387 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 154033 1,421 HYDRO METERING TECHNOLOGY INC Machinery&Equipment Water Utility-General 154034 20 KEY,CHARLOTTE Events/Admission Fee Teen Programs 154035 2,136 MASTER MECHANICAL Plumbing Permits General Fund 154036 77 MENARDS Operating Supplies Park Maintenance 154037 73,656 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 154038 2,822 MIDWEST PLAYSCAPES Other Assets Park Acquisition&Development 154039 36 MINNESOTA ATHLETIC Protective Clothing Fire 154040 7,481 MINNESOTA STATE TREASURER Building Surcharge General Fund 154041 3,785 MOBILE RADIO ENGINEERING Operating Supplies Wireless Communication 154042 158 MOTOROLA Equipment Repair&Maint Wireless Communication 154043 20 NIELSEN,PAULA Events/Admission Fee Teen Programs 154044 50 OTTERNESS,RON Instructor Service Outdoor Center 154045 3,190 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 154046 104 PROTECTION ONE Other Contracted Services Cummins Grill 154047 18 RADLEY,LISA Lessons&Classes Ice Arena 154048 2,019 RMR SERVICES LLC Other Contracted Services Water Meter Reading 154049 180 RUE,RODNEY Licenses&Taxes Engineering 154050 3 TRINE,MARY BETH Lessons&Classes Ice Arena 154051 54 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 154052 81 UNITED WATER&SEWER Plumbing Permits General Fund 154053 84 VANDENBERGHE,MARK Travel Expense Fire 154054 36 VERIZON WIRELESS Pager&Cell Phone Street Maintenance 154055 44,996 VIRCHOW KRAUSE&COMPANY Software Capital Impr./Maint.Fund 154056 20 WIVELL,CHERI Events/Admission Fee Teen Programs 154057 680 XCEL ENERGY Electric Senior Center 154058 388 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store 154059 245 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 154060 6,684 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 154061 56 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 154062 256 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 154063 9,434 DAY DISTRIBUTING Beer Prairie Village Liquor Store 154064 2,470 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 154065 96 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 154066 308 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 154067 599 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 154068 7,527 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 154069 225 HOHENSTEINS INC Beer Den Road Liquor Store 154071 15,070 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 154072 24 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 154073 7,281 MARK VII Beer Den Road Liquor Store 154074 682 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 154075 615 PAT KERNS WINE MERCHANTS Wine Domestic Prairie Village Liquor Store 154076 2,154 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 154077 9,814 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 154078 4,251 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 154079 4,903 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 154080 144 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 154081 247 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 154082 12,231 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 154083 23,825 THORPE DISTRIBUTING Beer. Den Road Liquor Store 154084 300 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 154085 854 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 154086 1,050 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 154087 1,967 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 154088 2,596 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Rehab 154089 750 BANK OF NEW YORK,THE Paying Agent $3,390,000 Facility Bond 2000 154090 850 BLOOM,KATHLEEN A Other Contracted Services Summer Theatre 154091 18,469 BRENT ANDERSON CONSULTING Merchandise for Resale Water Meter Reading 154092 200 BURTIS,ROBERT Other Contracted Services Staring Lake Concert 154093 75 BUSCH,JANE Special Event Fees Red Hat 154094 62 CROWN MARKING INC Other Contracted Services City Council 154095 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 154096 3,862 DEX MEDIA EAST Advertising Prairie View Liquor Store 154097 750 DHUSE,CHERI Other Contracted Services Summer Theatre 154098 34 DISH NETWORK Other Contracted Services Community Center Admin 154099 16 DOYLE,DENNIS Deposits Escrow 154100 41 FINAL GRADE Plumbing Permits General Fund 154101 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 154102 750 GERBERG,MIRIAM Other Contracted Services Summer Theatre 154103 245 GESTACH,STEPHANIE Riley Lake Shelter Park Facilities 154104 399 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow 154105 350 HAYEN,LINDA Other Contracted Services Summer Theatre 154106 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 154107 132 KEATING,MARY Mileage&Parking Planning 154108 378 KORTUM,MICHAEL Mileage&Parking Tree Disease 154109 200 LACASSE,ANDREW Other Contracted Services Purgatory Creek Recreation Are 154110 140 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 154111 90 LESCO INC Landscape Materials/Supp Park Maintenance 154112 750 LUSHINE,PEGGY E Other Contracted Services Summer Theatre 154113 650 MICHAELSON,LIZ Other Contracted Services Summer Theatre 154114 30 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fleet Services 154115 351 PETTY CASH Operating Supplies Youth Programs Administration 154116 8,628 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 154117 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 154118 750 RAVEY,LEANNE Other Contracted Services Summer Theatre 154119 1,230 RICHFIELD,CITY OF Autos Police 154120 1,980 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 154122 136 SOSNIECKI,BEN Mileage&Parking Tree Disease 154123 43 SOUTHWEST SUBURBAN PUBLISHING- Dues&Subscriptions City Manager 154124 1,235 STATE OF MINNESOTA Autos Police 154125 252 SUN NEWSPAPERS Dues&Subscriptions City Manager 154126 59,041 XCEL ENERGY Electric City Hall-CAM 154127 173 A TO Z RENTAL CENTER Building Capital Impr./Maint.Fund 154130 7,575 BIFFS INC Waste Disposal Park Maintenance 154131 19 BREDOW,VERNETT Program Fee Red Hat 154132 14,004 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 154133 59 CHRISTENSEN,MARGE Program Fee Trips 154134 981 CLUTS 0 BRINN STROTHER ARCHITE Deposits Escrow 154135 83 COSTCO Operating Supplies Fire 154136 870 DETROIT LAKES FIRE DEPARTMENT Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit 154137 96 DOSTAL,DAN Employment Support Test Fire 154138 155 KRAEMERS HARDWARE INC Operating Supplies Tree Disease 154139 500 LEE,BOYD F Other Contracted Services Staring Lake Concert 154140 120 LIND,DAVID Open Fees Ice Arena 154141 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 154142 12 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 154143 103 MINNETONKA FIRE DEPARTMENT Operating Supplies Fire 154144 225 NATIONAL GOVERNMENT FINANCE OF Awards Finance 154145 650 NUSBAUM,PHILIP Other Contracted Services Staring Lake Concert 154146 956 PARK NICOLLET CLINIC Other Contracted Services Risk Management 154147 17 QUICKSILVER EXPRESS COURIER Postage Fire 154149 3,771 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 154150 675 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 154151 802 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 154152 5,832 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 154153 56 SWANSON,NATHAN Mileage&Parking Community Center Maintenance 154154 750 TRICIA&THE TOONIES:ENVIRONME Other Contracted Services Purgatory Creek Recreation Are 154155 42,893 XCEL ENERGY Electric Water Treatment Plant 154156 2,559 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 154157 800 BLOOMINGTON,CITY OF Kennel Services Animal-Control 154158 625 BOLD,PAULINE Instructor Service Outdoor Center 154159 100 BRAGG,ANNALISA Instructor Service Outdoor Center 154160 2,526 CAMPOS,LORI Instructor Service Outdoor Center 154161 149 CAREER TRACK Tuition Reimbursement/School Police 154162 90 CINGULAR WIRELESS Pager&Cell Phone Police 154163 39 DESLAURIERS,DIONE Lessons&Classes Pool Lessons 154164 193 FEDEX KINKO'S OFFICE AND PRINT Other Contracted Services Police 154165 28 FERRELLGAS Lubricants&Additives Fleet Services 154166 213 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 154167 125 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 154168 2,331 HENNEPIN COUNTY TREASURER Board of Prisoner Police 154169 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 154170 2,175 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management 154171 11,169 McFARLAND CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 154172 2,134 METRO SALES INCORPORATED* Office Supplies General 154173 100 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 154174 273 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 154175 190 MN AWWA Conference Expense Water Utility-General 154176 4,515 MRPA Conference Expense Parks Administration 154177 100 OTTERNESS,RON Instructor Service Outdoor Center 154178 344 PITNEY BOWES INC Other Rentals General 154179 51 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 154180 180 QWEST Telephone Forest Hills Park 154181 300 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 154182 18 STATE OF MINNESOTA Operating Supplies Fleet Services 154183 141 STOVRING,LESLIE Mileage&Parking Storm Drainage 154184 210 STUDWELL,SAMANTHA Other Revenue General Fund 154185 90 TIME WARNER CABLE Dues&Subscriptions City Council 154186 20 UPS Postage Water Utility-General 154187 150 VERIZON WIRELESS Pager&Cell Phone Water Utility-General 154188 151 WASTE MANAGEMENT-BURNSVILLE LA Waste Disposal City Hall-CAM 154189 103 XCEL ENERGY Electric Traffic Signals 154192 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 154193 297 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 154194 4,045 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 154195 12,289 DAY DISTRIBUTING Beer Prairie Village Liquor Store 154196 4,422 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 154197 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 154198 163 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 154199 571 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 154200 16,284 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 154201 112 HOHENSTEINS INC Beer Prairie View Liquor Store 154203 36,353 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 154204 805 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 154206 37,481 MARK VII Beer Prairie Village Liquor Store 154207 1,063 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 154208 1,378 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 154209 2,963 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 154210 6,713 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store 154211 1,717 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 154212 35,237 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 154213 714 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 154214 539 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 154215 14,846 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store 154216 27,869 THORPE DISTRIBUTING Beer Den Road Liquor Store 154217 1,419 VINOCOPIA Wine Imported Prairie View Liquor Store 154218 563 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 154219 4,218 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 154220 2,323 WINE SOURCE INTERNATIONAL Liquor Prairie Village Liquor Store 154221 1,369 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 154222 30 BARTNIK,AARON B Other Contracted Services Teen Work Program 154223 54 BARTNIK,ADAM B Other Contracted Services Teen Work Program 154224 52 BRIDENSTEINE,CIIELSEA Other Contracted Services Teen Work Program 154225 54 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 154226 37 CARROLL,MEGAN M Other Contracted Services Teen Work Program 154227 53 CRUTCHER,CHELSEA Y Other Contracted Services Teen Work Program 154228 46 FINNEY,THOMAS P Other Contracted Services Teen Work Program 154229 46 FISCHER,BRENNA K Other Contracted Services Teen Work Program 154230 78 GLEDHILL,JENNIFER Other Contracted Services Teen Work Program 154231 46 HANSON,AUDREY N Other Contracted Services Teen Work Program 154232 57 HANSON,NOEL P Other Contracted Services Teen Work Program 154233 47 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program 154234 44 JOHNSON,MARINA N Other Contracted Services Teen Work Program 154235 16 MORIYAMA,LAUREN M Other Contracted Services Teen Work Program 154236 61 NEILSON,KEVIN Other Contracted Services Teen Work Program 154237 46 NORTON,LEIGHA N Other Contracted Services Teen Work Program 154238 60 O'CONNELL,LUXMI Other Contracted Services Teen Work Program 154239 53 REED,CARL E Other Contracted Services Teen Work Program 154240 78 SHAH,RAOUL Other Contracted Services Teen Work Program 154241 60 SHAWD,ANDREW Other Contracted Services Teen Work Program 154242 54 SHIPP,ASHLEY M Other Contracted Services Teen Work Program 154243 70 WARD,ANDREA L Other Contracted Services Teen Work Program 154244 60 YEAROUS,NICHOLAS S Other Contracted Services Teen Work Program 154245 58 BLUESTEIN,SUZANNE Program Fee Camps 154246 39 BOYER TRUCKS Equipment Parts Fleet Services 154247 31 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 154248 134 BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 154249 10,363 CARDMEMBER SERVICE Tuition Reimbursement/School Police 154250 236,253 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 154251 160 COMMUNITY HEALTH CHARITIES. United Way Withheld General Fund 154252 131 CORPORATE EXPRESS Office Supplies General 154253 22 COSTCO Operating Supplies Fire 154254 53 DELL Office Supplies General 154255 203 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Emergency Preparedness 154256 5,857 EGAN OIL COMPANY Lubricants&Additives Fleet Services 154257 176 GE CAPITAL Other Rentals General 154258 36,771 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 154259 60 HENNEPIN COUNTY TREASURER Operating Supplies Planning 154260 4,180 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Ice Arena Maintenance 154261 500 HYENTYTE Other Contracted Services July 4th Celebration 154262 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 154263 60 KIERSTEAD,CHRISTY Other Contracted Services Teen Work Program 154264 52 KRESS,CARLA Mileage&Parking Senior Center Administration 154265 644 KRUEGER,MARK Operating Supplies Reserves 154266 625 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration 154267 975 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 154268 8,374 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 154269 185 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 154270 533 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 154271 500 PETTY CASH Petty Cash&Change Funds General Fund 154272 93 PETTY CASH-EPCC Mileage&Parking Community Center Admin 154273 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 154274 29 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 154275 321 PROP United Way Withheld General Fund Check# Amount Vendor/Explanation Account Description Business Unit 154276 63 QWEST Telephone Sewer Liftstation 154277 800 SCHIFFMAN,JIM Other Contracted Services July 4th Celebration 154278 6 SIMONS,ROSE Lessons&Classes Ice Arena 154279 37 SKOBOV,MIKHAIL Other Contracted Services Teen Work Program 154280 80 SORENSEN,ED Mileage&Parking Water Utility-General 154281 7,000 TEMPORARY HEROES INC Other Contracted Services July 4th Celebration 154282 350 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 154283 290 UNITED WAY United Way Withheld General Fund 154284 394 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 154285 5 WILCOX,JOHN Program Fee Outdoor Center 154286 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 154287 525 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 154288 185 BACHMANS CREDIT DEPT Landscape MateriaWSupp Tree Disease 154289 283 BIFFS INC Waste Disposal Park Maintenance 154290 54 BRUENING,CHARLOTTE Landscape Materials/Supp Senior Center 154291 500 CALIBAN CO THEATRE Other Contracted Services Staring Lake Concert 154292 12 CHOI,WOOYOUNG Lessons&Classes Oak Point Lessons 154293 209 ENDRIZZI,JEFF Program Fee Playgrounds 154294 275 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 154295 330 FUN SERVICES Other Rentals July 4th Celebration 154296 1,638 HEALTHPARTNERS Employee Assistance Organizational Services 154297 47 HOUSING LINK Miscellaneous Housing,Trans,&Human Sery 154298 393 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 154299 38 MIKESH,CARRIE Program Fee Tennis 154300 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 154301 401 PETTY CASH Operating Supplies July 4th Celebration 154302 273 QWEST Telephone Edenvale Park 154303 260 SCOTT COUNTY Deposits Escrow 154304 20 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 154305 30 STATE OF MN OFFICE OF ADMIN HE Legal Human Resources 154306 450 UTTER CHAOS Other Contracted Services Staring Lake Concert 154307 300 WAHL,MATTHEW G Other Contracted Services Purgatory Creek Recreation Are 154308 500 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow 154309 68 XCEL ENERGY Electric Emergency Preparedness 154310 121 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 154311 273 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 154312 10,285 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 154313 50 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 154314 8,107 DAY DISTRIBUTING Beer Den Road Liquor Store 154315 3,752 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 154316 396 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 154317 136 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 154318 616 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 154319 12,663 GRIGGS COOPER&CO Liquor Den Road Liquor Store 154320 2,059 HOHENSTEINS INC Beer Prairie View Liquor Store 154321 33,143 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie Village Liquor Store 154322 267 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 154323 18,363 MARK VII Beer Den Road Liquor Store 154324 143 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 154325 260 PAT KERNS WINE MERCHANTS Wine Domestic Den Road Liquor Store 154326 5,199 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 154327 75 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 154328 14,262 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 154329 3,428 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 154330 11,502 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 154331 538 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 154332 479 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 154333 17,637 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 154334 18,176 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 154335 400 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 154336 1,453 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 154337 1,335 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 154338 468 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 154339 1,408 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 154340 89 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 154341 6,930 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 154342 115 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 154343 455 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 154344 387 ACOUSTICS ASSOCIATES INC Other Contracted Services City Center Operations 154345 97 AIRGAS NORTH CENTRAL Lubricants&Additives Fleet Services 154346 17 AMEM Operating Supplies Fire 154347 247 AMERICAN RED CROSS Training Supplies Oak Point Operations 154348 1,451 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 154349 218 ANCHOR PAPER COMPANY Office Supplies Police 154350 484 ANDERSON,BRYAN E Other Contracted Services Softball 154351 1,891 AQUA ENGINEERING INC Grounds Maintenance Water Treatment Plant 154352 307 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance 154353 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 154354 740 ASPHALT MAINTENANCE CO Contract Svcs-Asphalt/Concr. Community Center Maintenance 154355 2,440 ASSOCIATED WELL DRILLERS INC Other Contracted Services Park Maintenance 154356 59 AUDIOVISUAL INC Video&Photo Supplies Communication Services 154357 12 BECKER ARENA PRODUCTS INC Supplies-General Bldg Ice Arena Maintenance 154358 159 BELLE SERVICES CORPORATION Chemicals Park Maintenance 154359 2,779 BERGIN AUTO BODY INC Equipment Repair&Maint Fleet Services 154360 132 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 154361 592 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Garden Romm Garden Room Repairs 154362 4,569 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 154363 108 CAMPBELL KNUTSON,P.A. Legal WAFTA 154364 4,398 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 154365 286 CHRISTIANSEN,MIKE Other Contracted Services Softball 154366 234 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 154367 652 CLAREYS INC Operating Supplies Den Road Liquor Store 154368 647 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 154369 1,214 CONNEY SAFETY PRODUCTS Safety Supplies Water Treatment Plant 154370 435 CONTROL STUFF INC. Process Control Services Water Treatment Plant 154371 642 CORPORATE EXPRESS Office Supplies General 154372 5,063 CURB MASTERS INC Improvement Contracts Construction Fund 154373 1,381 CUSTOM DOOR SALES INC Other Contracted Services Rehab 154374 6,810 CUSTOM MANUFACTURING INC Landscape Materials/Supp Park Acquisition&Development 154375 45,996 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 154376 77 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 154377 88 DAY,DAVID Other Contracted Services Softball 154378 290 DELEGARD TOOL CO Equipment Parts Fleet Services 154379 389 DELL Other Hardware Information Technology 154380 21,959 9 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 154381 390 DOHERTY,SANDRA L Other Contracted Services Volleyball 154382 682 DOYLE,AARON N Other Contracted Services Softball 154383 30 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 154384 1,265 DYNAMIC IMAGING SYSTEMS INC Miscellaneous Information Technology 154385 145 EARL F ANDERSEN INC Signs Traffic Signs 154386 75 EDEN PRAIRIE APPLIANCE Contract Svcs-HVAC Park Shelters 154387 50 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Manager 154388 579 EF JOHNSON Equipment Parts Wireless Communication 154389 3,127 EKLOF DOCKS Building Materials Riley Lake 154390 6,733 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 154391 200 ERICKSEN,LIZ Other Contracted Services Volleyball 154392 1,212 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 154393 9,023 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 154394 520 EXTREME GLOW Operating Supplies Fire 154395 396 FALCK,TIMOTHY R Other Contracted Services Softball 154396 200 FASTSIGNS Safety Supplies Riley Lake Beach 154397 6,320 FINLEY BROS INC Other Contracted Services Franlo Park 154398 340 FLORAN TECHNOLOGIES Cleaning Supplies Water Treatment Plant 154399 53 FORCE AMERICA Equipment Parts Fleet Services 154400 64,056 FRANK J ZAMBONI&CO INC Machinery&Equipment Capital hmpr./Maint Fund 154401 479 G&K SERVICES Clothing&Uniforms Park Maintenance 154402 1,294 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Water Treatment Plant 154403 176 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 154404 6,392 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 154405 189 GERTENS Chemicals Park Maintenance 154406 510 GRAINGER Miscellaneous Information Technology 154407 69 GREENMAN TECHNOLOGIES OF MN IN Tires Fleet Services 154408 7,898 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 154409 184 GROTH MUSIC Operating Supplies Community Band Check# Amount Vendor/Explanation Account Description Business Unit 154410 54 GS DIRECT Operating Supplies Engineering 154411 69,262 GUNNAR ELECTRIC CO INC Other Contracted Services Staring Lake 154412 4,498 HACH COMPANY Process Control Equipment Water Treatment Plant 154413 231 HAGEN,SIDNEY E Other Contracted Services Softball 154414 24,276 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 154415 245 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 154416 22,576 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 154417 12,898 HAWKINS INC Treatment Chemicals Water Treatment Plant 154418 209 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 154419 264 HENRY,PAUL Other Contracted Services Softball 154420 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 154421 640 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 154422 148 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 154423 2,529 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance 154424 1,552 IND SCHOOL DIST 272 Gym Rental Volleyball 154425 182 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 154426 931 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Services 154427 769 ITRON INC. Maintenance Contracts Water Meter Reading 154428 275 J H LARSON COMPANY Equipment Repair&Maint Traffic Signals 154429 3,058 JEFFERSON FIRE&SAFETY INC Small Tools Fire 154430 242 JENKINS,JOEL S Other Contracted Services Touch Football 154432 1,945 KEEPERS Clothing&Uniforms Fire 154433 353 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 154434 30 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance 154435 65 LANDS END CORPORATE SALES Clothing&Uniforms Police 154436 220 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 154437 584 LIGHTNING PRINTING INC Printing Cummins House Special Events 154438 150 MARTIN-MCALLISTER Other Contracted Services Fire 154439 475 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 154440 4,297 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Acquisition&Development 154441 1,903 MENARDS Repair&Maint.Supplies Sewer System Maintenance 154442 1,455 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 154443 663 METRO FIRE Operating Supplies Fire 154444 10,652 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 154445 4,640 MIDWEST DESIGN CO Other Contracted Services Communication Services 154446 919 MIDWEST FUELS INVER GROVE HTS Other Fuels-Propane/Fuel Oil City Hall-CAM 154447 246 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 154448 58 MINNESOTA GLOVE INC Safety Supplies Fleet Services 154449 5,294 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 154450 261 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 154451 558 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 154452 6,350 MMKR Audit&Financial Sewer Accounting 154453 4,964 MOBILE RADIO ENGINEERING Capital Under$2,000 Wireless Communication 154454 589 MTI DISTRIBUTING INC Small Tools Fleet Services 154455 132 MURRAY,JOHN Other Contracted Services Softball 154456 200 NASH SALES INC. Other Rentals Recycle Rebate 154457 128 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 154458 100 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 154459 776 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 154460 49 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 154461 443 OLSEN COMPANIES Operating Supplies Traffic Signs 154462 31 OSI BATTERIES INC Operating Supplies Street Maintenance 154463 879 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Staring Lake Concert 154464 373 PLAYPOWER LT FARMINGTON INC Repair&Maint.Supplies Wyndam Knoll 154465 770 PLEHAL BLACKTOPPING INC Improvement Contracts CIP Trails 154466 2,555 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Utility-General 154467 404 PRAIRIE OFFSET PRINTING Printing Assessing 154468 593 PRECISION FINISHING Signs Traffic Signs 154469 297 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 154470 1,500 RAY,LEE Other Contracted Services Softball 154471 462 REED,DEVIN M Other Contracted Services Softball 154472 92 REYNOLDS WELDING SUPPLY CO Repair&Maint.Supplies Water System Maintenance 154473 485 SCHARBER&SONS Equipment Parts Fleet Services 154474 250 SCHIEBOUT,DANIELLE Other Contracted Services Volleyball 154475 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 154476 66 SHERWIN WILLIAMS CO Operating Supplies Fire 154477 71,798 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 Check# Amount Vendor/Explanation Account Description Business Unit 154478 51 SNAP-ON TOOLS Small Tools Fleet Services 154479 9,710 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology 154480 1,210 SPIRIT APPAREL&STUFF Clothing&Uniforms Pool Operations 154481 1,103 SPORTS WORLD USA INC Recreation Supplies Softball 154482 5,101 SRF CONSULTING GROUP INC Design&Engineering Park Acquisition&Development 154483 798 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 154484 397 STATE SUPPLY COMPANY Contract Svcs-Plumbing Police City Center 154485 1,033 STEVENS ENGINEERS Building Capital hnpr./Maint.Fund 154486 5,317 STREICHERS Other Assets Police 154487 129 SUBURBAN CHEVROLET Equipment Parts Fleet Services 154488 46 SUN NEWSPAPERS Legal Notices Publishing Fleet Services 154489 1,577 TENET INC Other Contracted Services Rehab 154490 370 TESSCO Equipment Repair&Maint Wireless Communication 154491 222 TKDA Other Contracted Services Water System Maintenance 154492 790 TOWER 2000 Equipment Repair&Maint Wireless Communication 154493 8,000 TRADE INNOVATIONS INC Other Contracted Services Disaster Recovery Coalition 154494 505 TRANS ALARM INC Contract Svcs-Security Police City Center 154495 953 TRANSPORT GRAPHICS Small Tools Fire 154496 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance 154497 59 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 154498 102 UNIFORMS UNLIMITED Clothing&Uniforms Fire 154499 6,198 VERNCO MAINTENANCE INC Grounds Maintenance Water Treatment Plant 154500 1,278 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 154501 49 V WR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 154502 1,022 WHEELER LUMBER LLC Improvements to Land Capital Impr./Maint.Fund 154503 150 WM MUELLER AND SONS INC Landscape MateriaWSupp Park Maintenance 154504 9 WOLF CAMERA Operating Supplies Police 154505 5,823 WORK CONNECTION,THE Other Contracted Services Park Maintenance 154506 218 WUOLLET BAKERY INC Operating Supplies Fire 154507 777 YALE MECHANICAL INC Maintenance Contracts Water Treatment Plant 154508 32 ZEE MEDICAL SERVICE Safety Supplies Senior Center Operations 154509 104 ARVOLD,KATIE Mileage&Parking Playgrounds 154510 228 ASPEN WASTE SYSTEMS INC. Other Contracted Services Den Road Liquor Store 154511 88 BENSON,JANET L Other Contracted Services July 4th Celebration 154512 92 BOSACKER,MIKE Tuition Reimbursement/School Police 154513 79 BRINK,PATRICK Mileage&Parking Communication Services 154514 692 BUNCH,DENISE H Other Contracted Services Fitness Classes 154515 20,000 CLEARWATER RECREATION Other Assets Parks Referendum 154516 54 DALMAN,TERESA Mileage&Parking Special Events Administration 154517 195 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 154518 75 FINELLI,JAMES E Other Contracted Services July 4th Celebration 154519 410 FSH COMMUNICATIONS LLC Telephone Miller Park 154521 1,566 GENUINE PARTS COMPANY Equipment Parts Fleet Services 154522 33 GREENSLIT,JASON AR Utility Water Enterprise Fund 154523 31 JOAS,JAMISON AR Utility Water Enterprise Fund 154524 16 KAY,PAUL AR Utility Water Enterprise Fund 154525 74 KISSINGER,SAMANTHA Other Contracted Services Teen Work Program 154526 24 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 154527 1,460 KURT,KAREN Travel Expense Human Resources 154528 263 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 154529 436 LUKE,TRACY Conference Expense Police 154530 100 MAAO Conference Expense Assessing 154531 76 MEATH-NELSON,WENDI Other Contracted Services July Ah Celebration 154532 1,706 MINNESOTA CONWAY Fire Prevention Supplies Water Utility-General 154533 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 154534 24 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 154535 2,636 QWEST Pager&Cell Phone Sewer Utility-General 154536 88 ST LOUIS PARK AQUATIC CENTER Special Event Fees Leisure Education 154538 23,450 STREICHERS Capital Under$2,000 Federal Forfeiture 154539 65,891 XCEL ENERGY Electric Traffic Signals 154540 30 YE,BETTY Program Fee Outdoor Center 154541 670 3CMA Conference Expense Communication Services 154542 350 AFTER 5 Other Contracted Services Staring Lake Concert 154543 1,959 ARCH WIRELESS Pager&Cell Phone Wireless Communication 154544 18 BRUEGGERS BAGEL Operating Supplies Safety Camp 154545 18 BRUEGGERS BAGEL Operating Supplies Safety Camp 154546 45 CENTERPOINT ENERGY Gas Well 15 Check# Amount Vendor/Explanation Account Description Business Unit 154547 500 DAVANNI'S PIZZA Operating Supplies Safety Camp 154548 23,685 ELK RIVER FORD Autos Police 154549 409 HAYEN,LINDA Operating Supplies Arts Initiative 154550 330 KID POWER WITH RACHAEL Other Contracted Services Purgatory Creek Recreation Are 154551 160 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 154552 36 QWEST Telephone Sewer Liftstation 154553 250 SOUNDS GREAT Operating Supplies Safety Camp 154554 450 TUNE INTO KIDS Other Contracted Services Staring Lake Concert 154555 1,038 UNCOMMON GATHERINGS Clothing&Uniforms Summer Theatre 154556 211 WERTS,SANDY Mileage&Parking Special Events Administration 154557 162 RAMADA INN Travel Expense City Clerk 154558 230 UNIVERSITY OF MINNESOTA Conference Expense City Clerk 154559 563 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 154560 432 BIFFS INC Other Rentals Recycle Rebate 154561 1,725 BOLD,PAULINE Instructor Service Outdoor Center 154562 40 CAMPOS,LORI Instructor Service Outdoor Center 154563 14,000 CELARITY INC Other Contracted Services City Manager 154564 3,822 CENTURYTEL Telephone Telephone 154565 560 COHEN,DANIEL Instructor Service Fitness Classes 154566 769 COSTCO Operating Supplies Fire 154567 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 154568 98;340 DOMINIUM TIF Payment Heights at Valleyview 154569 150 FEDEX Postage Engineering 154570 457 GE CAPITAL Other Rentals General 154571 402,057 GENERAL GROWTH PROPERTIES INC TIF Payment EP Shopping Center 154572 336 GREATAMERICA LEASING CORP. Other Rentals General 154573 1,797 HOLLINGER CONSTRUCTION LLC Other Contracted Services Summer Theatre 154574 280 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 154575 424 LEMCO HYDRAULICS INC Equipment Parts Fleet Services 154576 33,981 LOGIS LOGIS Information Technology 154577 10 MENARDS Operating Supplies Park Maintenance 154578 600 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Police 154579 155 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 154580 2,400 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant 154581 120 MINNESOTA PARK SUPERVISORS ASS Conference Expense Park Maintenance 154582 35 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 154583 219 OLSON,ROBERT Tuition Reimbursement/School Police 154584 100 OTTERNESS,RON Instructor Service Outdoor Center 154585 12,538 REAL ESTATE EQUITIES MANAGEMEN TIF Payment Columbine Road 154586 204,954 SILVERCREST PROPERTIES TIF Payment Eden Shores 154587 25 SOUTHWEST METRO TRANSIT Deposits Escrow 154588 165 ST LOUIS PARK,CITY OF Tuition Reimbursement/School Police 154589 89,800 TEALWOOD CARE CENTER TIF Payment Rolling Hills 154590 613 WALMART COMMUNITY Office Supplies General 154591 9,601 WEIS MANAGEMENT TIF Payment Edenvale TIF District 154592 180 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 154593 178 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 154594 321 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 154595 3,848 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 154596 273 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 154597 8,288 DAY DISTRIBUTING Beer Den Road Liquor Store 154598 1,913 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 154599 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 154600 423 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 154601 1,627 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 154602 7,792 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 154604 28,589 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 154605 573 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 154606 10,909 MARK VII Misc Taxable Den Road Liquor Store 154607 956 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 154608 399 MT GLOBAL LLC Wine Domestic Prairie Village Liquor Store 154609 1,785 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 154610 444 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 154611 100 PAT KERNS WINE MERCHANTS Wine Domestic Den Road Liquor Store 154612 3,712 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 154613 8,910 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 154614 2,620 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 154615 12,830 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 154616 474 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 154617 344 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 154618 16,675 TAYLOR DIST CO OF MN INC Beer Prairie Village Liquor Store 154619 13,110 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 154620 2,276 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 154621 952 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 154622 44 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 154623 133 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 154624 1,412 4IMPRINT Advertising Communication Services 154625 2,762 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 154626 341 AAA LAMBERTS LANDSCAPE PRODUCT Landscape MateriaWSupp Sewer Utility-General 154627 241 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 154628 76 ADOLPHKIEFER Recreation Supplies Oak Point Lessons 154629 234 AIM ELECTRONICS Contract Svcs-General Bldg Ice Arena Maintenance 154630 392 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 154631 218 AMERICAN LAMINATING INC Operating Supplies Sewer Utility-General 154632 5,421 ANCHOR PRINTING COMPANY Printing Police 154633 279 AOI ELECTRICAL INC Equipment Parts Fleet Services 154634 250 APPLIANCE OUTLET CENTER Capital Under$2,000 Fire 154635 80 AQUA ENGINEERING INC Operating Supplies Street Maintenance 154636 134 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance 154637 314 AUDIOVISUAL INC Miscellaneous Information Technology 154638 204 BACHMANS CREDIT DEPT Grounds Maintenance Water Treatment Plant 154639 17,700 BAKER ASSOCIATES INC Other Contracted Services Den Bldg.-CAM 154640 288 BATTERIES PLUS Repair&Maint.Supplies Fire 154641 3,053 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 154642 45 BCA-BTS Tuition Reimbursement/School Police 154643 3,594 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 154644 1,198 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 154645 500 BEST&FLANAGAN LLP Other Contracted Services Rehab 154646 1,446 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Staring Lake 154647 443 BOYER TRUCKS Equipment Parts Fleet Services 154648 68 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 154649 27 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 154650 504 CAMPBELL KNUTSON,P.A. Legal WAFTA 154651 12,830 CARDIAC SCIENCE CORPORATION Repair&Maint.Supplies Fire 154652 326 CARGO PROTECTORS INC Equipment Parts Sewer Liftstation 154653 25 CDW GOVERNMENT INC. Other Hardware Information Technology 154654 2,093 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 154655 418 CHRISTIANSEN,MIKE Other Contracted Services Softball 154656 138 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 154657 3,206 CLAREYS INC Instructor Service Sewer Utility-General 154658 166 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 154659 105 CONNEY SAFETY PRODUCTS Office Supplies General 154660 90 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 154661 626 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 154662 2,948 CORPORATE EXPRESS Operating Supplies Staring Lake 154663 453 CUSTOM WATER WORKS Advertising Communication Services 154664 4,854 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 154665 388 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 154666 300 DECORATIVE DESIGNS INC Grounds Maintenance Water Treatment Plant 154667 3,308 DELL Computers Information Technology 154668 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 154669 660 DESAULNIERS,DAN Other Contracted Services Softball 154670 26,682 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 154671 1,392 DNR Clothing&Uniforms July 4th Celebration 154672 353 EARL F ANDERSEN INC Operating Supplies Park Maintenance 154673 840 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 154674 155 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Manager 154675 40 EDEN PRAIRIE HISTORICAL SOCIET Operating Supplies City Manager 154676 289 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire 154677 311 ELVIN SAFETY SUPPLY INC Equipment Testing/Cert. Fire 154678 700 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 154679 454 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 154680 20,060 ESCHELON TELECOM INC Other Contracted Services Telephone 154681 23,877 ESS BROTHERS&SONS Repair&Maint.Supplies Sewer System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 154682 396 FALCK,TIMOTHY R Other Contracted Services Softball 154683 472 FASTENAL COMPANY Building Materials Park Acquisition&Development 154684 7,430 FINLEY BROS INC Other Assets Park Acquisition&Development 154685 217 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 154686 368 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 154687 640 G&K SERVICES Clothing&Uniforms Street Maintenance 154688 680 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Water Treatment Plant 154689 21,071 G.F.JEDLICKI INC Improvement Contracts Storm Drainage 154690 110 GARDEN&ASSOC INC Other Contracted Services Police 154691 66,113 GARTNER REFRIGERATION&MFG IN Building Capital Impr./Maint.Fund 154692 108 GLEN PRAIRIE PRESS Printing International Festival 154693 2,440 GRAINGER Equipment Parts Fleet Services 154694 1,003 GRAPHIC SOURCE INC Advertising Summer Theatre 154695 15,170 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 154696 63 GROTH MUSIC Operating Supplies Community Band 154697 231 HAGEN,SIDNEY E Other Contracted Services Softball 154698 14,315 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Recycle Rebate 154699 1,211 HANSEN THORP PELLINEN OLSON Improvements to Land Capital Outlay Parks 154700 15,019 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 154701 10,027 HEWLETT-PACKARD COMPANY Other Hardware Capital Impr./Maint Fund 154702 1,901 HILLTOP TRAILER SALES INC Building Rental Prairie View Park 154703 5,893 HOCKENBERGS Other Assets Capital Impr./Maint.Fund 154704 528 HOLMES,JOHN CARTER Other Contracted Services Touch Football 154705 352 HOLMES,TOM Other Contracted Services Softball 154706 480 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 154707 314 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 154708 504 ICI DULUX PAINT CTRS Operating Supplies Water Treatment Plant 154709 90 IMAGETECH SERVICES Operating Supplies Park Maintenance 154710 2,690 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 154711 1,091 INNOVATIVE GRAPHICS Clothing&Uniforms Police 154712 1,108 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 154713 112 TTL PATCH COMPANY INC Clothing&Uniforms Police 154714 155 ITS A KEEPER Employee Award Organizational Services 154715 13,669 J&D WINDOW CLEANING Janitor Service-General Bldg Community Center Maintenance 154716 1,132 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 154717 103 KD KANOPY Capital Under$2,000 Special Events Administration 154718 265 KEEPERS Clothing&Uniforms Reserves 154719 305 KLOECKNER,LINDA Advertising July 4th Celebration 154720 1,888 KREJCI,SHEILA Other Contracted Services Organizational Services 154721 242 LAKE COUNTRY DOOR LLC Building Repair&Maint. Water Utility-General 154722 1,205 LAKELAND ENGINEERING EQUIP CO Process Control Equipment Water Treatment Plant 154723 5,850 LAMETTRYS COLLISION Insurance Risk Management 154724 98,360 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management 154725 91 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 154726 220 LESCO INC Gravel Sewer Utility-General 154727 1,070 LIONS TAP Operating Supplies Fire 154728 539 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 154730 1,097 MENARDS Repair&Maint.Supplies Water System Maintenance 154731 53 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 154732 6,534 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 154733 870 METROPOLITAN FORD Equipment Parts Fleet Services 154734 1,380 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 154735 4,567 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 154736 1,663 MIDWEST GUTTER&SIDING Other Contracted Services Rehab 154737 190 MINNESOTA GLOVE INC Safety Supplies Fleet Services 154738 699 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 154739 298 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 154740 161 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 154741 328 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 154742 753 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Bluff TotLot#1 154743 48 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 154744 35,107 MOBILE RADIO ENGINEERING Other Assets Wireless Communication 154745 775 MORLEY BURNETT Contract Svcs-General Bldg Ice Arena Maintenance 154746 1,338 MTI DISTRIBUTING INC Equipment Parts Fleet Services 154747 246 NATIONAL WATERWORKS Operating Supplies Water Utility-General 154748 246 NORCOSTCO Operating Supplies Arts Initiative 154749 379 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 154750 201,285 NORTHWEST ASPHALT Improvement Contracts CIP Trails 154751 2,328 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Telephone 154752 41 NUCO2 INC Chemicals Pool Maintenance 154753 119 OLSEN COMPANIES Operating Supplies Street Maintenance 154754 2,705 OLYMPIC HILLS GOLF CLUB Operating Supplies Reserves 154755 228 PAM OIL INC Equipment Parts Fleet Services 154756 1,491 PARTEK SUPPLY INC Landscape Materials/Supp Parks Referendum 154757 400 PAUTZ,ROGER Other Contracted Services Spring Skill Development 154758 53,550 PLEHAL BLACKTOPPING INC Other Contracted Services Parks Referendum 154759 151 POWER SYSTEMS Equipment Parts Fleet Services 154760 3,989 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 154761 228 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation 154762 183 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 154763 113 R&R SPECIALTIES OF WISCONSIN Supplies-General Bldg Ice Arena Maintenance 154764 449 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 1996 154765 76 REEDSBURG OFFICE SUPPLIES Printing Summer Theatre 154766 500 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 154767 138 RUMPCA CO INC Waste Disposal Tree Disease 154768 425 SANTJER,JESSICA Other Contracted Services Volleyball 154769 14 SCHARBER&SONS Equipment Parts Fleet Services 154770 970 SCHELEN-GRAY AUTO ELECTRIC Equipment Repair&Maint Fleet Services 154771 917 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance 154772 5,474 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 154773 73 SHRED-IT Legal Notices Publishing City Clerk 154774 74 SIRCHIE Other Contracted Services Police 154775 120 SNAP-ON TOOLS Small Tools Fleet Services 154776 2,720 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 154777 426 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 154778 240 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 154779 20,000 ST CROIX RECREATION CO INC Other Assets Parks Referendum 154780 2,900 ST JOSEPH EQUIPMENT INC Other Rentals Street Maintenance 154781 1,605 STAR TRIBUNE Employment Advertising Organizational Services 154782 560 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 154783 652 STERLING FENCE INC Equipment Parts Fleet Services 154784 320 STORMS,SARAH Other Contracted Services Volleyball 154785 5,413 STREICHERS Capital Under$2,000 Fleet Services 154786 894 SUBURBAN CHEVROLET Equipment Parts Fleet Services 154787 711 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 154788 381 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks 154789 4,020 SUMMIT ENVIROSOLUTIONS Process Control Services Water Treatment Plant 154790 792 SUN NEWSPAPERS Legal Notices Publishing City Clerk 154791 685 SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 154792 375 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 154793 2,134 SYSTEM CONTROL SERVICES Equipment Parts Sewer Liftstation 154794 61 TAHER INC CATERING Training Supplies Organizational Services 154795 147 TESSCO Equipment Repair&Maint Wireless Communication 154796 18 TESSMAN SEED CO Chemicals Park Maintenance 154797 49 TIGER CORPORATION Equipment Parts Fleet Services 154798 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 154799 109 TRIARCO Operating Supplies Outdoor Center 154800 222 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 154801 58 TWIN CITY OXYGEN CO Other Rentals Water System Maintenance 154802 559 TWIN CITY SEED CO Improvement Contracts CIP Trails 154803 16 UNIFORMS UNLIMITED Clothing&Uniforms Police 154804 1,658 UNITED RENTALS HIGHWAY TECHNOL Signs Traffic Signs 154805 333 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 154806 15,801 VALLEY RICH CO INC Improvement Contracts ADC PROJECT 154807 1,065 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 154808 3,451 VRV BUILDERS Other Contracted Services Rehab 154809 375 WACONIA ROLL-OFF SERVICE Other Contracted Services Rehab 154810 1,180 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 154811 2,130 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 154812 300 WESTWOOD PROFESSIONAL SERVICES False Alarm Fees General Fund 154813 1,680 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Park Shelters 154814 6,106 WHEELER LUMBER LLC Building Materials Park Acquisition&Development 154815 300 WIGLEY AND ASSOCIATES Software Information Technology 154816 1,589 WM MUELLER AND SONS INC Landscape Materials/Supp Parks Referendum Check# Amount Vendor/Explanation Account Description Business Unit 154817 2,341 WORK CONNECTION,THE Other Contracted Services Park Maintenance 154818 20,984 YALE MECHANICAL INC Contract Svcs-HVAC Fire Station#2 154819 615 ZAHN,GERALD Other Contracted Services Volleyball 154820 236 ZEP MANUFACTURING CO Equipment Parts Fleet Services 5,305,087 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances&Resolutions July 18,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Eugene A.Dietz Approve first reading of an Ordinance Public Works amending City Code Section 3.05 Requested Action Move to: Approve first reading of an Ordinance amending City Code Section 3.05 regarding discontinuance of municipal utilities for failure to allow meter service and repair/replacement. Synopsis We serve approximately 18,000 utility customers with water and sewer service. For the past four (4)years, staff and contractors have been converting the method of meter reading from a walking route system to a radio read system. There are about 180 customers that have not responded to repeated attempts to allow entry into their homes for the 20-minute conversion process. Staff is not proposing to utilize"shutting off of service"at this time—and would not do so without first advising Council. However, as we reviewed our options with the City Attorney's Office,we discovered this flaw in our Ordinance. The current Ordinance allows shutting off or discontinuing service for violation of City Code relating to the connection, failure to pay and for fraud/misrepresentation. Background Information The actual next step in our process will be a letter addressed to each non-responsive customer from our City Attorney. With the Ordinance change in hand,a future letter will allow us to cite the code section that allows us to"threaten" shutting off service. The 1%non-compliance rate is a testament to the vast majority of our customers being cooperative and the perseverance of utility staff to accomplish the project. Staff expects that there will be a select handful of customers that will absolutely refuse us entry. This will result in an extreme nuisance, since they will be scattered throughout the community and consume an inordinate amount of resources to deliver a utility bill. Having this modification in place prepares us for a future step and it is therefore recommended that Council adopt the Ordinance. Attachments • Draft Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 3.05, SUED. 3 RELATING TO DISCONTINUANCE OF SERVICE OF MUNICIPAL UTILITIES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA ORDAINS: Section 1. City Code Section 3.05, Subd. 3 is amended by adding Paragraph D. as follows: D. The owner or occupant of the premises served by the City's municipal water service fails (a)within 10 days after written request by the City to the owner or occupant,to provide a time, within 30 days of the written request,to permit entry into the premises by the City, its employees or contractors, during normal working hours, for the purpose of repairing, replacing,modifying or equipping the premises water meter or the equipment for the reading of the meter, or(b)to permit entry into the premises by the City, its employees or contractors to repair,replace,modify or equip the water meter or the equipment for the reading of the meter at and during the time provided. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Sections 3.99 containing penalty provisions are hereby adopted in their entirety by reference although repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of July, 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie Sun Current on ,2006. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions July 18,2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: X.B. Janet Jeremiah, Community Resolution authorizing LCDA grant Development Director application Requested Action Move to adopt a resolution identifying the need for Livable Communities Demonstration Account funding and authorizing an application for grant funds. Synopsis Livable Communities Demonstration Account(LCDA) funding is being requested to offset eligible costs relative to Phase I of the town center redevelopment in the southwest quadrant of Hwy. 212 and Singletree Lane. Background Information On January 17,2006,the Council approved the Major Center Area(MCA) study report as an advisory tool for future redevelopment and transportation improvements in the area generally bounded by the Prairie Center Drive/Valley View ring road.Based upon public input, one of the primary recommendations of the MCA report is development of a compact,walkable town center west of Hwy. 212 in the Singletree Lane area. Jay Scott of Solomon Real Estate Company has been assembling properties in the southwest quadrant of Hwy.212 and Singletree Lane on a willing seller basis. He currently has purchase agreements with three property owners including the NTI property,David Hanson's multi-tenant office building to the south on Hwy. 212 and the Mortgage Sense office building to the west along Regional Center Road. Mr. Scott is interested in a redevelopment concept for this area in conformance with the MCA vision. It would include an attractive multi-story building with retail and restaurants on the ground floor and offices in upper stories. Parking for office workers would be below the building and public parking for retail and restaurant customers would be in a ramp that would be partially below ground and above ground within close proximity to the uses. Solomon's architect has been working closely with city staff and Harry Garrish(the architect working on behalf of the City on town center plans for the area immediately west and northwest) to ensure that the plans work together in achieving goals for the area. One of the outcomes has been to design the parking ramp so that it will be accessible to the future redevelopment and also expandable as parking needs in the area grow. The plans are also being coordinated with regard to pedestrian access and other factors. Wayfinding Committee Roster(MCA) March 2,2006 Name Company/Resident 1. Bob Byers Hennepin County Public Works Facility 2. Jeff Hollister Resident—Antler's Ridge 3. Jill Kirk Resident—Village Woods Drive 4. John Kirk Resident—Village Woods Drive 5. Nancy Litwin General Growth Company 6. John McCarthyUnited Properties&Resident—Waldorf Court 7. Steve Mosow Resident—Bluff Rd. 8. Heather Olson Resident-.Ann Court 9. Patricia Pidcock Resident—Red Rock Rd. 10. Art Roberts I Resident—Sin letree Lane 11. Jesse Schwartz W. Gordon Smith/Mobil Station&Resident CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Eden Prairie is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and . WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional,managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on July 17, 2006; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models,examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration,the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. Solomon's redevelopment proposal would need to be reviewed by the Planning Commission and approved by the City Council in public hearings before it could move forward. Ehlers Public Finance is currently reviewing the project pro forma to determine potential assistance needs. It appears there is a substantial financial gap due to the market price of the properties,the costs of building demolition and site preparation and the cost of the public parking structure. It does not appear possible to finance the project within the confines of the private market and current City policies regarding assistance. Therefore,the LCDA grant is being requested. LCDA grants are administered by the Metropolitan Council and awarded to eligible projects that promote efficient, compact, connected development. Application for the grant funds does not obligate the Council to approve the project in the future. Attachments ➢ Resolution authorizing LCDA grant application 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: The City has explored other potential funding sources and finds no others for which the project is eligible that are within the City's policies and wherewithal that are not already assumed to be used to their maximum benefit to the project. 4. Authorizes its Community Development Director to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. ADOPTED by the City Council of the City of Eden Prairie this 18a'day of July,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk it CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works July 18, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.05-5642 ITEM NO.: XIV.E.I. Eugene A. Dietz Award Contract to Three Rivers Public Works Construction for Hilltop Road Street& Utility Improvements Requested Action Move to: Award Contract for Hilltop Road street and utility improvements to Three Rivers Construction, in the amount of$591,483.39. Synopsis Bids were received and on opened Jul 6 2006. The four bids received are shown on the P Y attached Bid Summary. Three Rivers Construction Company's bid of$591,483.39 is 25%below the estimated construction cost utilized in the feasibility report. Background Information The public hearing for Hilltop Road Improvements was held on May 2, 2006. The project will bring sanitary sewer and watermain to twenty-eight lots currently served by wells and septic systems. Attachments • Resolution • Summary of Bids • S E H Recommendation letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION ACCEPTING BID HILLTOP ROAD STREET&UTILITY IMPROVEMENTS I.C.#05-5642 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C.05-5642: Hilltop Road Street&Utility Improvements ' Four bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of Contract to: Three Rivers Construction Company as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Three Rivers Construction in the name of the City of Eden Prairie in the amount of $591,483.39, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on July 18,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk BID SUMMARY for HILLTOP ROAD STREET&UTILITY DIPROVEMENTS I.C.No.05-5642 10:00 a.m.,Thursday,July 06,2006 FIRM NAME TOTAL CONTRACT AMOUNT Three Rivers Construction $591,483.39 Northdale Construction $725,380.90 Ryan Contracting $800,598.00 G.L.Contracting,Inc. $873,345.46 G:Engineering/1C#s/05-5642P'BID tabulation" I i J SEH Jul 10,2006 RE: Eden Prairie Minnesota Y , Reconstruction of Hilltop Road City No.LC.05-5642 SEH No. A-EDENP0601.00 14.00 Alan Gray,P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr. Gray: We have prepared an analysis of the bids submitted on the above referenced project at the Thursday July 6th bid letting. Attached to this letter is a tabulation of the bids for your reference and use. Please notice that Three Rivers Construction, Inc. (TRC) is the low bidder. TRS's bid is $591,483.39. After the bid opening, we contacted the cities of Oakdale and Lakeland, Minnesota. Both of these cities offered favorable recommendations of working with TRC. Based on TRC's low bid and favorable recommendations, we recommend that the City award the contract to TRC. We have discussed this with a representative of Three Rivers Construction, Inc. and they indicated they are anxious to work for the City on this project. Sincerely, Paul J. sko III,P.E. Project Manager. ddc Attachment:Bid Tabulation c: Dave Halter,SEH p:\w\eWenp\060100\1genA14 n'awerd mom It doc Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka,MN 55343-9301 SEH is an equal opportunity employer www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax