HomeMy WebLinkAboutCity Council - 04/17/2007 AGENDA
CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM
TUESDAY, APRIL 17, 2007 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet
Jeremiah, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael
Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. AFFORDABLE HOUSING
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, APRIL 17, 2007 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young,
Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal 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
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 19, 2006
III. PUBLIC HEARING ON REISSUANCE OF BONDS TO FINANCE PORTIONS OF
THE EDEN PRAIRIE COMMUNITY CENTER PROJECT (Resolution)
IV. ADJOURNMENT
HRA ITEM NO.: II.
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, DECEMBER 19, 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, Community Development Director
Janet Jeremiah, City Attorney Roger Pauly, Finance Director Sue Kotchevar and Recorder Deb
Sweeney
I. ROLL CALL/CALL THE HRA MEETING TO ORDER
Tyra-Lukens called the meeting to order at 7:23 in shared session with the City Council
meeting.
II. APPROVE MINUTES OF HRA MEETING HELD ON OCTOBER 17, 2006
MOTION: Aho moved, seconded by Case, to approve the HRA Meeting minutes
as published. Motion carried 5-0.
III. HRA RESOLUTION NO. 2006-05 CERTIFYING THE 2007 PROPERTY
TAX LEVY TO BE $200,000 AND APPROVING THE 2007 BUDGET OF
$200,000
HRA MOTION: Young moved, seconded by Butcher, to adopt HRA Resolution 2006-
05 certifying the 2007 Property Tax levy to be $200,000 and approving the 2007 Budget
of$200,000 as reviewed by the Council. Motion carried 5-0.
IV. PUBLIC HEARING FOR TAX INCREMENT FINANCING (TIF) PROPOSAL
FOR WINDSOR PLAZA/TOWN CENTER I (HRA Resolution No. 2006-06)
Neal explained the purpose of establishing a Redevelopment District is to help defray
costs associated with the redevelopment of a five-acre area located between Singletree
Lane and Regional Center Drive along TH212 across from the Eden Prairie Center for a
new mixed-use development to include about 137,000 square feet of office, retail, two
restaurants, and a 437 space parking ramp, as well as a new Bobby& Steve's gas and
service facility. Staff recommends the City Council consider creating a"pay as you go"
Redevelopment District with a 25-year term and provide a maximum of$4,500,000
million to close the estimated financing gaps with the proposed project.
HRA Meeting Minutes
December 19,2006
Page 2
Jeremiah said the Planning Commission recommends approval of the project at this time,
though a public hearing still needs to be held before the Planning Commission. Details of
the plan and the TIF proposal will come before the Council at the January 16th meeting.
The proposal is not binding until the Council approves the details.
Jay Scott of Solomon Real Estate group and project architect Brian Hutz presented an
overview of the project. A five-story building with first-floor retail capped by four floors
of office space and flanked by two restaurants is the focal point of the project. The office
building will have a lower-level parking ramp. A new Bobby& Steve's facility will be
built in a similar style. Tyra-Lukens asked if both projects would be built concurrently
and the developer said yes.
HRA MOTION: Aho moved, seconded by Case, to close the HRA public hearing and
adopt HRA Resolution No. 2006-06 recommending a modification to the Redevelopment
Plan for Redevelopment Project Area No. 5, establishing the Town Center Phase One
Tax Increment Financing District therein and adopting a Tax Increment Financing Plan
therefore. Motion carried 5-0.
V. ADJOURNMENT
HRA MOTION: Case moved, seconded by Butcher, to adjourn the HRA Meeting.
Motion carried 5-0. The meeting adjourned at 7:35 p.m.
HRA AGENDA DATE: April 17, 2007
SECTION: HRA Public Hearing
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Public Hearing on reissuance of bonds HRA—III.
City Manager/Finance for Community Center
Requested Action
Move to:
Adopt resolution to reissue the prior obligations as qualified 501(c)(3) bonds pursuant to the
provisions of the Code.
Synopsis
The HRA is requested to approve the "reissuance" of certain bonds previously issued by the
HRA (the "Prior Obligations")to finance portions of the Eden Prairie Community Center.
Pursuant to the Third Ice Rink Rental Agreement proposed to be entered into between the City
and the Eden Prairie Hockey Association (the "Hockey Association"), the Hockey Association
will lease significant amounts of ice time in addition to the ice time already rented by it and other
parties. Since usage of this volume and nature was not anticipated at the time of issuance of the
Prior Obligations, the Prior Obligations were issued as governmental bonds, rather than as
qualified 501(c)(3) bonds. The Internal Revenue Code permits the Prior Obligations to be
"reissued" as qualified 501(c)(3)bonds, but only following a duly noticed public hearing.
The original terms of the Prior Obligations will remain in place and therefore the debt service is
not impacted.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
H.R.A. RESOLUTION NO. 2007-01
A RESOLUTION AUTHORIZING REISSUANCE OF
OBLIGATIONS FOR COMMUNITY CENTER PROJECT
BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Housing and
Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), as
follows:
SECTION 1. Recitals.
1.1. The Board has received a proposal that the Authority reissue as qualified 501(c)(3)
bonds its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series
2002A (the "Prior Obligations"). The Prior Obligations are proposed to be reissued pursuant to
the requirements of the Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder(the "Code"), for the purpose of refinancing a portion of the cost of
various community-wide improvements including improvements to the Eden Prairie Community
Center and City Hall (the "Project"). The portion of the Project constituting the community
center improvements (the "Community Center Project") is located at 16700 Valley View Road in
the City of Eden Prairie, Minnesota(the "City"). The Community Center Project is expected to
be used by the general public, the City and qualified 501(c)(3) organizations including but not
limited to the Eden Prairie Hockey Association.
1.2. At a public hearing, duly noticed and held on the date hereof in accordance with
Section 147(f) of the Code, on the proposal to reissue the Prior Obligations as qualified 501(c)(3)
bonds, all parties who appeared at the hearing were given an opportunity to express their views
with respect to the proposal, and interested persons were given the opportunity to submit written
comments to the City Clerk before the time of the hearing.
SECTION 2. Findings and Approval. The Authority hereby finds and resolves that: based on
the public hearing, it would be desirable and in the best interest of the Authority to reissue the
Prior Obligations as qualified 501(c)(3)bonds pursuant to the provisions of the Code.
SECTION 3. Information Required. The officers of the Authority are authorized and directed to
prepare and furnish to bond counsel to the Authority certified copies of all proceedings and
records of the Authority relating to the refinancing and financing of the Project and the
reissuance of the Prior Obligations as qualified 501(c)(3)bonds, and such other affidavits and
certificates as may be required to show the facts appearing from the books and records in the
officers' custody and control or as otherwise known to them; and all such certified copies,
certificates and affidavits, including any heretofore furnished, shall constitute representations of
the Authority as to the truth of all statements contained therein.
Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in
and for the City of Eden Prairie, Minnesota, this 17th day of April, 2007.
Phil Young, Chairperson
ATTEST:
SEAL
Scott H. Neal, Executive Director
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 17, 2007 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet
Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. PROCLAMATION DECLARING MAY SENIOR AWARENESS MONTH
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD ON TUESDAY, MARCH 20, 2007
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2007
C. SPECIAL CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 2007
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION PRESENTATION
ON LIFELINK III OPERATIONS AT FCM
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. STARING LAKE BUSINESS CENTER Second reading of the Ordinance for
Planned Unit Development Concept Review on 19.3 acres, Planned Unit
Development District Review with waivers on 19.3 acres, Zoning District
Amendment in the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres
and Preliminary Plat of 19.3 acres into two lots. Location: U.S. Highway 212 &
County Highway 1. (Ordinance for PUD District Review with waivers and Zoning
District Amendment; Resolution for Site Plan Review)
CITY COUNCIL AGENDA
April 17, 2007
Page 2
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF
SOLID, RECYCLABLE AND/OR YARD WASTE AND ADOPT RESOLUTION
APPROVING SUMMARY ORDINANCE FOR PUBLICATION
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE DOUGHTY
ADDITION
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF WHISPERING
RIDGE
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC.
FOR CONSTRUCTION PHASE SERVICES FOR RECONSTRUCTION OF
VALLEY VIEW RD., FROM FLYING CLOUD DR. TO GOLDEN
TRIANGLE DR.,I.C. 02-5586
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN
INTERTEC CORPORATION INC. FOR CONSTRUCTION MATERIAL
TESTING SERVICES FOR RECONSTRUCTION OF VALLEY VIEW RD.,
FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR., I.C. 02-5586
H. ADOPT RESOLUTION AWARDING CONTRACT FOR RECONSTRUCTION
OF VALLEY VIEW ROAD, FROM FLYING CLOUD DRIVE TO GOLDEN
TRIANGLE DRIVE TO MINGER CONSTRUCTION INC.,I.C. 02-5586
I. STARING PRESERVE Request for: Termination of Development Agreement.
Location: 9181 Staring Lane East.
J. AWARD CONTRACT FOR 2007 BITUMINOUS CRACK-SEALING TO
AMERICAN PAVEMENT SOLUTIONS INC., I.C. 075695
K. AMEND CONSERVATION EASEMENT OVER LOT 1 BLOCK 3 OF
SETTLERS WEST
L. ADOPT RESOLUTION ADOPTING AMENDED TIF PLANS FOR TAX
INCREMENT FINANCING DISTRICTS 12, 14, 15 16, 17 AND 18
M. APPROVE PERMIT AGREEMENT WITH HENNEPIN COUNTY FOR THE
BICYCLE/PEDESTRIAN TRAIL FROM BIRCH ISLAND PARK NORTH TO
THE BIKE TRAIL ON THE SOUTH SIDE OF CROSSTOWN HIGHWAY
N. ACCEPT 2006 GENERAL FUND FINANCIAL RESULTS
O. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND CAMBRIA
P. APPROVE NAMING RIGHTS AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND WELLS FARGO
CITY COUNCIL AGENDA
April 17, 2007
Page 3
Q. APPROVE LIQUOR STORE PROJECT CHANGE ORDERS
R. APPROVE THIRD RINK ICE RENTAL AGREEMENT WITH THE EDEN
PRAIRIE HOCKEY ASSOCIATION
S. AWARD BID FOR RESURFACING—BITUMINOUS OVERLAYS OF FOUR
TRAIL SECTIONS TO NORTHWEST ASPHALT, INC.
T. APPROVE GUARANTEED MAXIMUM PRICE OF $14,165,000 AND
RATIFY CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES
WITH RJM CONSTRUCTION FOR THE COMMUNITY CENTER/ROUND
LAKE PARK/BIRCH ISLAND PARK IMPROVEMENTS
U. APPROVE THE AMENDMENT TO THE AFFORDABLE HOUSING
REGULATORY AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE
AND RYLAND GROUP, INC.
V. AWARD CONTRACT FOR BAKER ROAD WATER STORAGE CONTROL
IMPROVEMENT PROJECT TO PRAIRIE ELECTRIC
W. APPROVE HARDWARE PURCHASE AND SUPPORT AGREEMENT WITH
BERBEE FOR UPGRADE OF NETWORK SWITCHES
X. AWARD CONTRACTS 2B, 2C, 6A, 7A, 7B, 8A, 9A, 9C, 13C, 15A, AND 15B
FOR THE COMMUNITY CENTER PROJECT AS RECOMMENDED BY
RJM CONSTRUCTION
IX. PUBLIC HEARINGS/MEETINGS
A. JOINT HRA AND CITY COUNCIL PUBLIC HEARING ON REISSUANCE
OF BONDS TO FINANCE PORTIONS OF THE EDEN PRAIRIE
COMMUNITY CENTER PROJECT (Resolution)
B. LOCK UP PUD AMENDMENT Request for: Planned Unit Development Concept
Review on 2.11 acres, Planned Unit Development District Review with waivers on
2.11 acres, Zoning District Amendment within the Commercial Regional Service
Zoning District on 2.11 acres and Site Plan Review on 2.11 acres. Location: 12995
Valley View Road. (Resolution for PUD Concept Review; Ordinance for PUD
District Review with waivers and Zoning District Amendment).
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION
2.32 RELATIVE TO CITY EMPLOYEES WHO MAY ISSUE CITATIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
CITY COUNCIL AGENDA
April 17, 2007
Page 4
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ITEM NO.: IV.A. 7
• PROCLAMATION
City of Eden Prairie
Hennepin County,Minnesota
WHEREAS, the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City - - families,businesses, and
government; and
WHEREAS, every segment of our society is influenced by the needs, resources and
expertise of our senior citizens; and awareness improves participation and action; and
WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal
education, sharing years of accumulated experience and wisdom which will impact our future;
and
WHEREAS, the community wishes to celebrate and acknowledge the contributions and
accomplishments of the seniors in our community and recognize the organizations that serve
older adults; and
WHEREAS, the theme "Linking Generations—A Celebration of Age," establishes that
seniors are an integral part of our community,
NOW, THEREFORE, I, Phil Young, Mayor of the City of Eden Prairie, Minnesota, do
hereby proclaim
The Month of May 2007
to be
SENIOR AWARENESS MONTH
In the City of Eden Prairie, Minnesota
ADOPTED by the Eden Prairie City Council on this 1st day of May 2007.
IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie.
Phil Young, Mayor
on behalf of Council Members:
Brad Aho
Sherry Butcher
John Duckstad
Kathy Nelson l �
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP
& OPEN FORUM/OPEN PODIUM
TUESDAY, MARCH 20, 2007 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert,
Community Development Director Janet Jeremiah, Manager of Recreation Laurie Obiazor,
Manager of Parks Stu Fox, Communications Manager Joyce Lorenz, Assistant to the City
Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION: Geri Napuk;
Vice Chair; Randy Jacobus; Tom Bierman; Lee Elliott-Stoering; Rob Barrett
GUESTS: Brian Recker—RJM; Bob Jossart—RJM; Del Erickson,Architect
Heritage Room II
I. COMMUNITY CENTER BIDS
Parks and Recreation Director Bob Lambert introduced Bob Jossart of RJM Construction,
the construction manager for the Community Center and Round Lake projects. Jossart
reviewed the role of the construction manager and explained how the bid process works.
Jossart said bids were opened on Thursday, March 15. He said 120 bids were received on
32 bid packages. The bids came in where RJM expected, with the exception of three or
four packages. He said staff is not asking Council to award bids for individual projects
tonight. Instead, staff recommends holding a special Council meeting on Tuesday,
March 27, to award bids and approve a guaranteed not-to-exceed price for RJM.
Lambert reviewed a letter from RJM dated March 19, 2007, and a Council Agenda cover
memo that includes a bid summary and a list of alternates along with funding options.
The Parks Commission met on Monday night and they recommend that 14 of the
alternates be included in the project. The RJM project proposal base price consists of:
Construction Costs $11,882,745
Construction Contingency 397,255
Design& Development Costs 1,420,000
$13,700,000
Lambert noted that the cost for the Baseball Stadium cost is incorrect on the list of
alternates. The alternates, including the corrected cost for the Baseball Stadium, are as
follows:
Amount to Delay or Alternate Parks Commission
Description Include Funding Source Recommendation
1 Construction Contingency $197,000 Expand with re-bids
Include if Baseball Assoc. can
commit to reimbursing City
2 Ball field Stadium $376,000 $188,000 by end of 2009.
3 Built-up Roofing $80,000 General Fund Budget 2008
Baseball Field Sand Base&
4 Drainage System $163,000 Include
Re-bid fencing&netting for better
price,but include in project$12,000
5 Field Netting&Fencing $167,000 funding by Baseball Assoc.
Re-bid lighting. $90,000 for softball
funded by softball fees. $95,000
6 Ball Field Lighting $263,000 funded by Baseball Assoc.
Include.Existing bleachers will
7 Aluminum Bleachers at Rink I $210,000 need to be replaced.
Include.Provides options for multi-
use,especially March 15 -May 1 for
8 Concrete Slab at Rink III $81,000 indoor soccer/lacrosse revenue.
9 Re-Roof Rink I $231,000 General Fund Budget 2008
Radiant Heat Replacement in Re-bid and fund from General Fund
10 Rink I $66,000 in 2008
Exterior Walk Snow Melt
11 System $10,000 Include
Delay for 2008 General Fund
12 Auxiliary Generator $410,000 Budget
13 Birch Island Park $142,000 Include
Expansion of Ice System for
14 Rink II $46,000 Include
15 Planter Wall at Entry Plaza $50,000 Include
Delay for matching grant or make
16 Walking Track $391,000 decision at this time.
TOTAL $1,885,000
($2,276,000 needed if Walking Track is included.)
Staff recommends rejection of the fencing and netting bids and the pre-cast structural
concrete bids, along with authorization for RJM to re-bid those items. The ball field
lighting bids were not opened due to issues with the specifications provided by the
electrical contractor. RJM also recommends rebidding the ball field lighting. RJM also
recommends that Council delay a decision on including or eliminating the walking track
for 120 days. In addition, the auxiliary generator would be delayed for inclusion in the
2008 general fund budget.
Bob Jossart said the recommended alternates can be cut, but he said the City would not
like the final product. Lambert and Jossart provided background on how costs were
calculated. The roofing work and auxiliary generator were included because costs are
lowered by already having the contractors on site for the other project work.
The Hockey Association has raised$1 million to help pay for the third rink and they have
committed to buying a certain amount of ice time on the third rink. The Baseball
Association has committed to paying for 50 percent of the ball field lighting costs and for
50 percent of the stadium.
Council and Parks Commission members discussed the merits of a walking track.
Council Member Butcher said a good indoor walking track will be valuable, particularly
with the community's aging population. She asked if there are grants that might help pay
for the walking track. Lambert said there is a remote possibility that the walking track
may qualify for Blue Cross Blue Shield grants for projects that encourage exercise. Staff
will explore that possibility. Mayor Young said he thinks a walking track is as important,
if not more important, than racquet ball courts. Councilmember Nelson said many
seniors already walk at the mall. Lambert said surface material is an issue with some
walkers. The Community Center walking track would have a soft surface designed to be
easy on joints. Councilmember Duckstad asked Lambert if he recommends including the
walking track. Lambert said he supports inclusion of the walking track.
Councilmember Nelson asked if these projects would drain the park fund. Lambert said
the park fund will be depleted and Council will have to be more conservative with
commitments to other park projects until the fund can be built up again. Lambert said the
Community Center and Round Lake Park is the hub of the City's parks and recreation
system, and that the investment in them today will be appreciated for the next 50 years.
Councilmember Butcher said the City made a mistake in cutting corners when the
Community Center was built 25 years ago, and she does not want to see a similar mistake
made now. Jossart said he can guarantee that what is not built now will increase in cost
later.
Mayor Young adjourned the workshop portion of the meeting, and said the Community
Center will be discussed in more detail in the regular council meeting.
Council Chamber
II. OPEN FORUM
A. Flying Cloud Airport
1. Gary Demee
Mr. Demee said he is a 23-year resident of Eden Prairie and a business owner. He
asked why the City is advocating for an airport expansion that is supported by the
Chamber of Commerce when it would diminish the quality of life for residents.
2. Don Anderson
Mr. Anderson, 9389 Shetland Road, suggested that the City ask MAC to take
funds that would be used to expand Flying Cloud Airport to expand an airport that
is not as busy.
3. Michael Neuharth
Mr. Neuharth, 9610 Eden Prairie Road, said the City should retract the letter
regarding Flying Cloud Airport that was distributed in to legislators in
Washington, DC.
4. Pat MulQueeny
Mr. MulQneeny,president of the Eden Prairie Chamber of Commerce, said he
considers his organization a partner to the City. He said Flying Cloud Airport is
key to many businesses in Eden Prairie and the southwest area of the Twin Cities.
5. Pat Tibbetts
Mr. Tibbetts said he lives in the Shetland Road area and is a business owner. He
asked the Council Members to state their positions on the airport. Mayor Young
said Open Forum is not the appropriate venue for debating issues. He said City
Manager Scott Neal will respond to the issue during the Reports of Officers
portion of the regular Council Meeting.
III. OPEN PODIUM
No one requested to speak at Open Podium.
IV. ADJOURNMENT
ITEM NO.: IV.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 20, 2007 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
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 Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:03 p.m. City Planner Michael Franzen was
absent.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. PROCLAMATION IN SUPPORT OF MISS MINNESOTA
Mayor Young read a proclamation in support of Miss Minnesota Alla Ilushka, a
resident of Eden Prairie, who will be representing the State of Minnesota in the
Miss U.S.A. pageant in Los Angeles, California, on March 23, 2007.
B. PROPOSAL TO NAME PAVILION AT PURGATORY CREEK
RECREATION AREA FOR BOB LAMBERT
Neal said this is a requested action from last night's meeting of the Parks
Commission. It is a request to name the picnic pavilion at Purgatory Creek
Recreation Area in honor of Bob Lambert who is retiring at the end of this month.
The Parks Commission thought this was an appropriate way to honor Bob for his
years of service and to recognize the work he has put into the Eden Prairie park
system. Neal said he agreed with the Commission's recommendation.
MOTION: Butcher moved, seconded by Duckstad, to name the park picnic
pavilion at Purgatory Creek Recreation Area in honor of Bob Lambert.
Nelson said she thought it was appropriate for the community to say thank you in
this way for all his years of work.
Young concurred and noted our parks have been and continue to be a predominant
reason people choose Eden Prairie. He said characterizing Mr. Lambert as the
architect of the parks system we all enjoy is fairly said and even an understatement.
CITY COUNCIL MINUTES
March 20, 2007
Page 2
Aho thanked Mr. Lambert for his vision of the park systems and for giving the
community an excellent and award-winning system.
Butcher said the parks system has often been called the "jewel in the crown" of
Eden Prairie. She thanked Mr. Lambert for his vision for the community and for
carrying through with that vision.
Duckstad thanked Mr. Lambert for all he has done and said he has been a credit to
the City and this honor is well deserved.
Vote on the Motion: Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Nelson said, at the Council meeting two weeks ago, the Council discussed having
Commission Annual Reports and Work Plans as separate agenda items rather than being
included as part of the Consent Calendar. She asked that Item VII.J. Receive the Flying
Cloud Airport Advisory Commission 2006 Annual Report and Approve 2007 Work Plan
be moved on tonight's Agenda to be Item XII.B. She hoped in the future all such reports
would be on the regular Agenda.
Mayor Young asked City Manager Neal if the Flying Cloud Airport Advisory Commission
was equipped to present the Report and Work Plan tonight. Neal said he checked with
Chair King and Staff Liaison Scott Kipp and they are prepared to do so. He said it was an
error to have it listed on tonight's Consent Calendar.
Neal said there are several additions before the Council. He noted one is Item IV.B.
Proposal to Name Pavilion at Purgatory Creek Recreation Area for Bob Lambert. He said
this is a requested action from last night's meeting of the Parks Commission. The Council
Members concurred with addressing the item as Item IV. Proclamations/Presentations.
Neal said he will add a couple of items under Item XIV.B. Report of City Manager.
MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD ON TUESDAY, MARCH 6, 2007
MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the
City Council Workshop held Tuesday, March 6, 2007, as published. Motion
carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2007
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City
Council Meeting held Tuesday, March 6, 2007, as published. Motion carried 5-0.
CITY COUNCIL MINUTES
March 20, 2007
Page 3
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2007-43 APPROVING FIRST AMENDMENT
TO THE DEVELOPER'S AGREEMENT GRANTING A ONE-YEAR
EXTENSION TO THE UNITED HEALTH GROUP PUD DEVELOPMENT
AGREEMENT
C. ADOPT RESOLUTION NO. 2007-44 AUTHORIZING ACQUISITION OF
EASEMENTS FOR CONSTRUCTION OF SINGLETREE LANE
IMPROVEMENTS, I.C. 07-5690.
D. APPROVE LICENSE FOR PROPOSED WATERMAIN CROSSING ON
VALLEY VIEW ROAD AT NINE MILE CREEK, I.C. 02-5586
E. ADOPT RESOLUTION NO. 2007-45 PROHIBITING PARKING ON
VALLEY VIEW ROAD FROM FLYING CLOUD DRIVE TO GOLDEN
TRIANGLE DRIVE, I.C. 02-5586
F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PAVEMENT
EVALUATION SERVICES FROM GOODPOINTE TECHNOLOGY
G. APPROVE HOUSING SERVICES AGREEMENT, MASTER LINE OF
CREDIT AGREEMENT,AND CREDIT DRAW AGREEMENT WITH
WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (WHAHLT)
H. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT CARMEL
PARK TO EARL F.ANDERSON, INC.
I. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT RUSTIC
HILLS PARK TO WEBBER RECREATIONAL DESIGN, INC.
J. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION
2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN
K. APPROVE SECOND AMENDMENT TO THE THIRD RESTATED JOINT
POWERS AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND
SOUTHWEST TRANSIT
MOTION: Aho moved, seconded by Butcher, to approve Items A-I, and Item K
of the Consent Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
A. DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET
FOR THE HENNEPIN VILLAGE ROADWAY ALTERNATIVES
ANALYSIS, I.C. 06-5688
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Page 4
Neal said this is a Public Hearing to consider the Discretionary Environmental
Assessment Worksheet (EAW) for the Hennepin Village Roadway Alternatives
Analysis, I.C. 06-5688. Official notice of this Public Hearing was published in the
March 1, 2007 Eden Prairie Sun Current. He said the purpose of the public hearing
is to solicit comments regarding the completeness of the Discretionary EAW,
commonly known as the Prospect Road EAW. The EAW will provide a basis for
the City Council to make decisions regarding roadway alternatives, but the
document itself is not intended to contain a final roadway recommendation.
Neal said after the public comment period closes on April 11, staff will present the
final report to the Council and prepare a resolution addressing the findings resulting
from the comments and the final report, including comments received here this
evening. The City Council will receive the findings and resolution on May 1 for
discussion of the EAW and the alternatives proposed within the EAW.
Neal said the more difficult decisions of this project will be made at the May 1 and
noted we are here this evening is to receive comments on the EAW and not to make
the decision on which roadway to select.
Public Works Director Dietz displayed a map showing the roadways in the project
area. He said questions were raised last summer regarding the desirability of
constructing Prospect Road to connect Site A and Site B through the creek corridor.
Through a number of discussions, the Council decided to do a discretionary EAW
in order to get to the bottom of the environmental impact of the roadway systems.
He said it is primarily a neighborhood issue so most people in the neighborhood
know a lot about it. He said the EAW identified and determined the environmental
impact of six alternatives and he reviewed the six alternatives.
Environmental Coordinator Stovring reviewed details of the EAW, the process the
City will be going through, what will be done to get it to a finished product, and
scheduling of the process. She said the EAW is a means of gathering the
information needed so the Planning Commission and City Council can make
decisions. She said we will collect the comments addressing the issues and come
back later to discuss various alternatives and decide which alternative is the best fit.
Stovring said we look at the EAW to determine if it is complete and accurate, if it
is not does it simply require more data prior to the start of the project or is there a
need to do an Environmental Impact Statement (EIS). She said we are now within
the 30-day comment period that goes from March 12 to April 11. At the end of the
comment period the City Council has 30 days to take action on the EAW. The
EAW will go back to the Planning Commission on April 23, where they will
determine if the EAW is complete and make a preliminary recommendation to the
City Council for the best roadway alternative. Similarly, on May 1 the City Council
will determine if the EAW is complete and will begin discussions on the preferred
roadway alternative.
Stovring said the Oak Creek and Hennepin Village development projects are
expected to be on the Planning Commission agenda for their May 14 meeting.
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March 20, 2007
Page 5
There are a number of evaluations Staff has recommended for the EAW depending
on which alternatives are chosen including a detailed archeological survey, spring
analysis for Miller Spring for Alternatives 1-5, a detailed wetland evaluation for
Alternatives 1-5, and the storm water ponding requirements for the road
alternatives.
Stovring said Alternative 6 has more detail than the other five because that
alternative was already approved by the City Council in 2002 so there has been
quite a bit of work done on the design of that alternative. The other five alternatives
are concept plans and would have to be completed if one of those is selected.
Dietz noted they did not include any discussion in the EAW process about Dell
Road. He said Dell Road will most likely be improved to an urban roadway at some
time in the future, however this project is not tied to Dell Road changes and is a
stand-alone project.
Young opened the public hearing.
Michael Boland, 13579 Berkshire Road, thought the EAW provides a lot of good
information and it is a good first step. He was concerned there were some things
omitted from the EAW. He said the information regarding the slopes in Question
16 did not clarify for each alternative how dramatic the slopes were and where they
occur. He would like to see an analysis showing the slopes for each alternative so
one could envision the difference in slopes for each roadway. He said there is a
table in Question 16 showing how much dirt would be required for each of the
alternatives but it does not address the issue of fill, particularly for Alternative 6.
Question 25 reviews the trails and trail access but he was concerned about the
quality of the trail access for Alternative 6. Question 29 states "connecting Eden
Prairie and Dell Road may also require future upgrades to Dell Road," but
information on the expansion of Dell Road is not included in the EAW. City staff
has said when this area is fully developed there will be approximately 350-400
households in the area, yet the EAW works with an anticipated number of 140
households in Hennepin Village B and another development currently being built in
the area. He thought that discrepancy gives a skewed picture of the impact.
Craig Coleman, Attorney with Faegre & Benson, representing the Minnesota River
Bluff& Riley Creek Alliance, said the Alliance is a group of Eden Prairie residents
that are very concerned about the impact of development of the bluff land in Eden
Prairie along the Minnesota River. He said these lands are extremely valuable
economically and environmentally. The Alliance is particularly concerned about
the roadway alternatives, and they do not see the immediate necessity of road
construction in the area. He said Alternative 6 for Prospect Road is the only option
that makes sense if a roadway is necessary. Options 1 and 2 in particular would be
extremely expensive, make no sense for the city, and should be rejected. He noted
no significant environmental impacts were identified for Prospect Road
construction, and it impacts only 2.16 acres of land as compared to Alternatives 1
and 2 which impact 8.5-9.5 acres. He said Alternatives 1-5 include land that
contains the last remnants of the Big Woods left in the state. He suggested the
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March 20, 2007
Page 6
Council pay close attention to the DNR letter attached to the EAW and the state
archeologist's letter, both of which show no impact from the Prospect Road
alternative.
Coleman said Alternatives 1 and 2 are particularly bad and the EAW is insufficient
to support those two alternatives. He said the Turnbull Road expansion doesn't
make any sense without Dell Road connecting to Hwy 212. He said Turnbull Road
and Dell Road would spur significant new development, and there are no proposals
in place for that area. He thought Alternatives 1 and 2 present enormous costs to
the City in terms of premium acreage lost and there is no funding available for the
roadways since there are no development proposals in place for that area. He said
the Alliance will submit written comments.
Megan Doyle, 9924 Dell Road, said she is building a house at that location. She
was concerned with the five alternatives presented to the Prospect Road alternative.
She thought the developer is trying to shift costs to the neighbors. She thought there
was not enough research into Alternatives 1 and 2 and those two would be much
more expensive to create.
Todd Johnson, 10020 Dell Road, said he believes the EAW document fails to
address adequately the need to link Dell Road in this process. Alternatives 1 and 2
specifically would require improvement to Dell Road. He thought Alternative 6 has
been completely discussed, has been in place for five years, and would be the best
alternative. He will submit written comments.
Dean Edstrom, 10133 Eden Prairie Road, said he came to a meeting of the Eden
Prairie Conservation Commission last November 13 and saw a map that showed a
big red X on their home. He said the Hennepin Village project went through a long
process with the City over a number of years and there were many big issues
involved in that project. He thought the project is too dense for the site and there
are obvious environmental and traffic impacts. He said the solution to the issues
was Prospect Road that was designed to be a connection to County Road 4 and to
provide ingress/egress from a major artery. If Eden Prairie Road is upgraded in
some fashion, the purpose of improvements made to County Road 4 will be
effectively eliminated. He said it seems clear from his review of the EAW that
Prospect Road is the clearest and best solution for transportation issues in the area
and all the other alternatives have known problems. He thought the Council does
not need to decide to alter Eden Prairie Road or build a connection with Dell Road,
and he thought it was unconscionable for the City to take traffic and solutions
already approved in a development and shift it to residents when there is an
adequate solution presented. He thought the City must get Prospect Road built or
must terminate or drastically reduce the Hennepin Village development plans.
Linda Johnson, 10020 Dell Road, said she was in favor of the Prospect Road
alternative. She noted when they built their house they went through many
discussions with City for permits to build their house in order to preserve the bluffs.
She said one of the houses that would have to be destroyed with the Turnbull Road
alternatives was a former Parade of Homes model is valued at $3 million or else a
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March 20, 2007
Page 7
part of the Big Woods would have to be taken. She said this is a question of trust
with the City when the residents follow the permit process and work to preserve the
bluffs and then that trust is betrayed with changes made later by the City.
David Carl, 9776 Cupola Lane, said he lives in Hennepin Village A. He said he has
four issues: the EAW includes inadequate treatment of the development scenarios
and the impact on traffic patterns; the inappropriate and misleading conclusion in
Paragraph 21 that states no operational or safety issues are anticipated from the
traffic volumes; failure of the process to assess the public safety impact in
Hennepin Village; and the inadequacy of the Public Hearing notices since almost
no residents of Hennepin Village received notice of the Planning Commission and
City Council meetings.
Norma Wuttke, 16860 Flying Cloud Drive, was concerned with wildlife and
threatened species and the issue of traffic. She said many wildlife and plant species
have disappeared on their own, so she thought some solution to protecting the
species or reintroducing them could be addressed. She said traffic in the area flows
north on Eden Prairie Road to get to schools, churches and shopping rather than
going south on Hwy 212. She said improving Eden Prairie Road to Hwy 212 would
encourage through or non-residential traffic to Chaska and Shakopee. She showed a
map of the area that had traffic channeled on the east bluffs going north through
Homeward Hills Road. She thought Dell Road would offer a similar channel for the
area on the west.
John Neikus, 9752 Cupola Lane, was concerned about the cost of Prospect Road
and said the developer will just pass the cost on to purchasers in the development.
He said they were told the road would go through when they purchased property,
but it was described as a lightly traveled road. He thought it will actually be a
heavily traveled road. He noted an east/west road will not solve problems at the top
of Eden Prairie Road. He said the homes located along Prospect Road in Site 4 of
Hennepin Village have only a 25-foot setback from the road. He thought heavy
traffic and public safety will be an issue and the EAW did not address.
Jeff Strate, 15021 Summer Hill Drive, said he does not live in the project area but
has been involved in the issue since 1993. He addressed some inadequacies he saw
in the EAW. Page 3, Item 7, of the EAW addresses the project magnitude data
which needs a lot more information. He recommended more options be considered
and the Riley Creek valley should be looked at because there is a very rare
ecosystem in that area. He recommended we look at Riley Creek again to see if it
could be reclaimed as a trout brook. He said the NURP pond proposed for Prospect
Road will add increased temperature and nutrients to Riley Creek. He noted some
of the other alternatives go quite close to aquifers that supply Miller Spring, so we
would need really detailed information about where those alternatives would go.
Travis Wuttke, 16860 Flying Cloud Drive, expressed concern about the financial
costs and it was crucial the EAW provide cost information for all of the
alternatives, particularly for the bridge alternative in Alternative 6. He was also
concerned that the impervious surface figures should be modified to reflect
CITY COUNCIL MINUTES
March 20, 2007
Page 8
accurate build-out numbers for the entire area. He said the traffic study did not
include details on the possible elimination of the intersection at Eden Prairie Road
and Hwy 212, particularly in regard to future development and the impact of that
development on traffic.
MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing.
Motion carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as
submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad,
Nelson and Young voting "aye."
X. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 5.36 RELATING TO LICENSING OF SOLID, RECYCLABLE
AND/OR YARD WASTE COLLECTORS
Neal said this is a Chapter in our City Code we have been working on for several
years and to which we make periodic changes.
Dietz said Ms Stovring has worked with Hennepin County on the grant for
recycling that allows the City to give annual rebates to residents on water bills. He
said the county expects us to conform to certain rules and regulations, and they
have requested the code regarding the licensing of haulers conform to their
requirements. This change adds definitions to conform to the County's expectations
and will make no difference in how we do business.
MOTION: Aho moved, seconded by Nelson, to approve First Reading of an
Ordinance amending City Code Section 5.36 relating to licensing of collectors of
solid, recyclable and/or yard waste. Motion carried 5-0.
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HELICOPTER NOISE COMPLAINTS AT FLYING CLOUD AIRPORT
Neal said this is the first of our reports from City Advisory Boards and
Commissions. The Chair of the Airport Commission, Rich King, will respond to
some questions raised regarding helicopter noise at the February 20 Joint
Workshop Meeting.
Chair King said at the February 20 meeting Council Member Nelson brought up the
issue of helicopter noise at the February 20 meeting. The Commission had heard
some types of reports about helicopter noise but had not yet reviewed the full set of
reports for January and February noise complaints. He said they reviewed those
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March 20, 2007
Page 9
reports at their regularly-scheduled March 8 meeting. They discovered there were
90 complaints received during that time, a figure twice that of other months
reviewed. He said letters are written by the MAC to operators who are in violation
of the procedures with copies sent to the City.
King reviewed charts summarizing the data regarding noise complaints. He said the
dominant flight track is from the airport to North Memorial Hospital. Lifelink III
and Air Methods began operations at Flying Cloud Airport and started using the
Bell 222 helicopter in February. The purpose of the flights is medical, but in
February they held training operations, which caused the spike in the number of
reports. He said this is an air evacuation operation that operates 24/7/365 with
crews on standby. He said the Commission asked the Air Methods manager if
training operations could be conducted at another airfield and they agreed. In
addition MAC met with Air Methods and the FAA tower manager and asked them
to design new noise-friendly procedures that would take them over areas are less
populated. He said they expect to have the results at the next meeting and the Air
Methods Manager agreed to come to meet with the City Council if the Council
would wish.
King said this will be a continued Commission focus. He said some of the flights
involve critical care issues and may occur in the middle of the night. The
Commission will investigate all complaints and report back to the Council
periodically.
Young thanked Mr. King for the Commission's work and for their immediate and
thorough response to the issue raised by Council Member Nelson.
Butcher thought the model was a good one because it is proactive, collaborative
with other groups, and responsive to issues brought up by residents.
B. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION
2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN
Chair King said the Commission met with the City Council on February 20 to
discuss the results of the first year of operations of the Flying Cloud Airport
Advisory Commission and to discuss their 2007 work plan. He said the focus in
2006 was on the education with regard to the operation of the airport, businesses at
the airport and an audit done on the final agreement with MAC. The purpose of the
Commission is to discuss airport issues in depth and to advise the City Council on
those issues.
King said the Commission and the staff liaison took various approaches to their
education including meetings with owners and operators, meetings with MAC
personnel, and tours of facilities at Flying Cloud Airport and other airports in the
MAC system. Through the review process, the Commission determined the final
agreement with the MAC was on track. The capital improvements were reviewed
and it was determined there was limited funding available for those improvements.
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March 20, 2007
Page 10
He said the one of the Commission's major activities is reviewing noise issues and
he noted they have started to meet every other month instead of quarterly.
King then reviewed the Commission's goals for 2007 and said they were looking
for the Council's concurrence.
Nelson said she would like to add goals regarding homeland security. She thought
the Commission should study FAA and Homeland Security recommendations
regarding safety in order to see what security should be added at Flying Cloud
Airport, such as tower security, buffer requirements and toxic waste disposal. She
thought this is a significant safety piece for the City and especially for the
neighbors surrounding it. She would like to see a report back as soon as possible.
Young thought it was fair to add safety and security as a general goal for the
Commission but he was hesitant to impose a deadline on them. Butcher said we
have already done some work on that and Fire Chief Esbensen would be a resource.
Aho commended the Commission for a fine job and an excellent report.
Nelson said we talked a good deal about business development and she was not
clear how we got to the phrase "competitive advantage" rather than "targeted
marketing." King said they had a Commission meeting after the February 20
Workshop and discussed the point. He said several Commission members felt the
word "marketing" actually meant we would push the airport in the community and
beyond. The adjustment in terminology was meant to narrow the focus.
Young thought it was a good change because there was some question that use of
the word"marketing" would mean use of City tax dollars and resources, which was
absolutely not contemplated.
MOTION: Duckstad moved, seconded by Butcher, to adopt the 2006 Annual
Report of the Flying Cloud Airport Commission and to approve the 2007 Work
Plan as amended. Motion carried 5-0.
XIII. APPOINTMENTS
A. BUDGET ADVISORY COMMISSION
Neal said earlier this evening the City Council completed the interviews of
candidates for the Budget Advisory Commission.
MOTION: Young moved, seconded by Duckstad, to appoint Don Uram,
Katherine Kardell, Richard Proops, Gwen Schultz, Mark Kantor, Jon Muilenburg,
and Richard King to the Budget Advisory Commission.
Young asked if we have an established term for this group. Neal said we have not
because we were not sure if their service ends with the completion of this budget
review. He suggested it be set at a two-year term which would take it up to the
next review cycle.
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March 20, 2007
Page 11
AMENDMENT TO THE MOTION: Young moved, seconded by Duckstad, to
set the Budget Advisory Commission terms to expire 3/31/2009. Motion carried
5-0.
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
B. CHAIR AND VICE CHAIR OF BUDGET ADVISORY COMMISSION
Neal said the City Council has the discretion to appoint Chair and Vice Chair of
the Budget Advisory Commission.
MOTION: Butcher moved, seconded by Nelson, to appoint Katherine Kardell as
Chair and Don Uram as Vice Chair of the Budget Advisory Commission. Motion
carried 5-0.
C. BOARD OF APPEAL & EQUALIZATION
Neal said the proposed appointments to the Board of Appeal & Equalization are
the five current members, so they are being proposed for reappointment.
MOTION: Duckstad moved, seconded by Butcher, to appoint to the Board of
Appeal and Equalization Mike Best, Doug Malam, Annette O'Connor, Brian
Duos, and Patricia Pidcock for the period of April 1, 2007, through May 31, 2007,
or until the Board of Appeal and Equalization completes its work. Motion carried
5-0.
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
Neal said the City Council has the discretion to appoint Chair and Vice Chair of
the Board of Appeal &Equalization.
MOTION: Butcher moved, seconded by Aho, to appoint Patricia Pidcock as
Chair and Mike Best as Vice Chair of the Board of Appeal and Equalization.
Motion carried 5-0.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
Neal offered to defer his items until after the Parks Commission Item XIV.D.1.
The consensus was to proceed to Item XIV.D.1.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Award Bids for the Eden Prairie Community Center Expansion, Third
Rink, Round Lake Park Baseball Field Relocation and Birch Island
Park Improvements
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March 20, 2007
Page 12
Lambert summarized the nine projects involved in the discussion tonight.
Once the expansion of the Community Center was decided upon we started
looking at other projects related to the Community Center or Round Lake
and found nine items to tack on. We had in our plans about $700,000 of
capital improvement money in the General Fund for Community Center
repairs that would have been required with or without expansion. A third
rink has been discussed for many years, and the Hockey Association was
able to raise $1 million of the $3,445,533 required. In order to
accommodate the additional parking required because of expansion they
decided to locate extra parking next to the building where the baseball field
was located and relocate the baseball field to softball field #5. The Baseball
Association then agreed to pay for 50% of improvements for improvements
to the relocated field such as ballfield lighting, a sand-base field with a
drainage system and a stadium. The Watershed District had a project
scheduled to build one or two NURP ponds to treat all the water north of
Eden Prairie Road. The relocated parking provided excess dirt which was
needed at Birch Island Park in order to improve the access to the park,
parking and a playground. He said they put the nine projects together and
realized they needed someone who could coordinate and combine the
projects to provide for efficiencies during the grading phases, electrical
work and other construction costs. They decided to hire a construction
manager rather than bid it under a general contractor. He said RJM
Construction was selected as the construction manager and introduced Bob
Jossart, the President of RJM.
Bob Jossart said as construction managers they act as the City's agent
throughout all of the projects. To date they have provided a budget, a
schedule, advertised all of the work and received bids. He said they met
with the Parks Commission last night and presented them with a list of 16
options to consider as they relate to cost and total project budget. He said
they need City Council action regarding the 16 options tonight and they can
then go out and award contracts to all the bidders. After the Council's
action they will come back in a week to present at least six or seven of the
contract awards along with a"not-to-exceed" cost estimate.
Lambert reviewed the bid summary of the projects opened last Thursday.
He said the total of the bids opened was $15,585,000 without the walking
track. He then directed the Construction Manager to cut as much as he
could and still have a viable project and then prepare a recommendation
with alternates. He reviewed the alternates recommended by RJM and
approved by the Parks Commission last night. He then reviewed the funding
sources which totaled $15,670,000, noting there is $1,411,000 remaining in
the Flying Cloud ballfields referendum we could borrow if we wanted to
include the walking track in the total.
Young noted the Council had a joint meeting with the Parks Commission
today so Council Members are aware of the information. Duckstad noted
some Council Members attended the Parks Commission meeting last night.
CITY COUNCIL MINUTES
March 20, 2007
Page 13
Nelson said she was against borrowing money from the Flying Cloud
ballfields referendum funds. Young concurred with that, but he had also had
a discussion with City Manager Neal about other possible sources.
Young said many of the issues at the meeting last night stem from the fact
the amount raised by the referendum is not adequate to finance the
expansion of the Community Center. Practically speaking, some people
have suggested because the costs are greater than the referendum amount
the issue should be resubmitted to the voters. He asked what the
implications on project costs and available funding would be if we did that.
Lambert said he has gone through at least four or five referendums since he
started with the City. They have always added to the referendums with
parks funds in order to finish the project. He asked Jossart to discuss the
implications of delaying the project.
Jossart said the first issue would be all value from the bidders would be lost.
Construction costs never deflate, and there would be at least a $700-800,000
increase due to inflation and another $150-250,000 in expenses to rebid and
administrate the project.
Young said this is important because we are spending public tax dollars. He
has taken all the comments into consideration but the options come down to
using the referendum dollars only and shoehorning the project, referring it
back to a referendum which could easily take one or two years to complete,
or to use the Cash Park reserves in addition to the referendum funds. He
said the Council decides every year to spend the Cash Park reserves so he
has no problem with using those to fill the gaps to get this project done. He
thought part of the decision tonight is prioritizing for needs and being
comfortable with the decision.
Aho said this issue is an important one and we have to be responsible with
the funding and the mandate of the people. He thought the residents want
the Community Center improved, and if we limit it to the original amount
on the referendum we would be doing a disservice. He seriously considered
sending it back for referendum, but that does not seem to make any
financial sense in light of the increased costs that would be caused by delay.
He thought we have a responsibility to go ahead with the project which will
increase the costs now by including all nine projects, but will reduce the
overall costs and make it much more efficient.
Butcher said she planned to support all 16 including the walking track. She
thought it was a wonderful plan, and she has often heard complaints for
many years about not building the original Community Center as it should
have been. The community passed a referendum to make the financial
commitment to create a well-equipped Community Center. She thought we
have reviewed the budget very prudently, have talked to staff, commissions
and individuals in the community, and have found a way to make it work.
CITY COUNCIL MINUTES
March 20, 2007
Page 14
She applauded the athletic associations for their help. She thought it is a lot
of money but it is time to make improvements.
Nelson agreed there was nothing to be gained by going to referendum and
extending it out. She believes we need to learn from this and make a
commitment for future referendums that the cost estimates will go out 2-3
years from the first date of the referendum so we can stay within the
referendum amount.
Lambert said the decision of the Parks Commission last night was to
recommend everything except the walking track; however, they wanted to
make sure we brought back the walking track within the 120 days. He
thought the walking track should be delayed in order to see if there are any
matching grants out there and also if there are any reductions because of the
rebidding process. He noted we need to have the Council act on the three
motions tonight so work can begin on April 16. He said the total amount in
Motion 1 will be $15,585,000 which is the number to be approved without
the walking track. He said the third motion would be to set a special
meeting next Monday or Tuesday in order to award contracts and to
approve the "not-to-exceed" price in order to begin construction by the
April 16 deadline.
Duckstad thanked Lambert for the clear and lucid presentation of the nine
projects. He thought the projects make sense and the Community Center
and Round Lake area is the core of the parks system. He asked that we
make every effort in the future to determine a figure the residents can rely
on when we go out for referendums seeking money for substantial
investments and improvements. He said the original Community Center was
small and had inadequacies. There were certain cuts and deductions made at
the time it was built that made it a less-than-adequate facility. He was also
in favor of the recommended delay for the walking track in order to get
additional money from any grants available and to see if there are additional
cuts from the rebidding process.
Young said it is an issue of communications regarding the referendum and
residents in the fall of 2005 could reasonably assume the referendum to be
of an amount sufficient to fund the Community Center expansion. He said
in the future we may have to explain that a referendum may not be the
exclusive source of funds for the amenity being proposed. Neal said he
thought we have learned that during this process. He said we don't expect
any bonding referendums in the immediate future, but we will keep it in
mind going forward.
MOTION: Butcher moved, seconded by Aho, to authorize the Construction
Manager to prepare for award of all bid categories based on the scope of
work approved this evening, and a construction cost not to exceed
$15,585,000, and to request staff to determine the feasibility of obtaining
matching funds for the walking track, and to make a decision on that
CITY COUNCIL MINUTES
March 20, 2007
Page 15
alternate within the next 120 days. Motion carried 5-0.
MOTION: Butcher moved, seconded by Aho, to reject bids for fencing and
netting, and for pre-cast structural concrete, and authorize RJM to re-bid
those projects. Motion carried 5-0.
Neal said only 10-15 minutes would be needed for the special meeting to
award the contracts. The consensus was to meet at 5:00 PM next Tuesday.
MOTION: Duckstad moved, seconded by Nelson, to set a special meeting
for Tuesday, March 27 at 5 p.m. for the purpose of awarding contracts for
the Community Center/Round Lake projects and to approve a "not-to-
exceed" price for the RJM Construction management contract. Motion
carried 5-0.
Young asked representatives from the Hockey Association to come
forward. He said they have worked extremely hard to meet the challenge
put to them in order to raise funds to build the third rink. Representatives of
the Hockey Association then presented a $1,000,000 check to the City,
stating it was the result of donations and work from many individuals and
businesses in the community.
C. REPORT OF CITY MANAGER
1. City Council Meeting Schedule
Neal noted we are out of synch in April with the regular meeting schedule.
There is a Town Hall meeting at Hennnepin Technical College on April 10.
There will be a dinner in the Culinary Arts dining room from 5:30 to 6:30
p.m. before the meeting starts at 7:00 p.m. He said Council Members have
been asked to reserve Tuesday, April 24 to reschedule the March 2 Long
Term Planning meeting and staff would like to have the second phase of the
Long Term Planning meeting on Monday, May 7. In addition, we have
tentatively scheduled the spring Joint School Board/City Council meeting
for Monday, May 21.
2. Annual Performance Review for City Manager
Neal said for the past five years the City Council has retained Harry Bruhl
with Personnel Decisions, Inc. to do the City Manager's annual
performance review. The consensus was to retain Mr. Bruhl.
4. Origin of the Airport Issue
Neal said the question was posed as to where the airport issue came from.
He said on February 6 he submitted to the Council a list of nine priority
items called "The Proposed 2007 City of Eden Prairie Federal Legislative
Program" to get their general okay that these were items we could go
CITY COUNCIL MINUTES
March 20, 2007
Page 16
forward with to discuss with the federal legislators when we go to
Washington, D.C. He said Item 2 on the list dealt with airport funding and
stated "the Council supports the plans of the Metropolitan Airport
Commission to improve the buildings, infrastructure and facilities at Flying
Cloud Airport. The City Council authorizes City Council members and staff
to seek federal support to advance the MAC's improvement plans at Flying
Cloud Airport." He said the Council approved the list of discussion items.
Based on that list and the presentation given to the Council by the Airport
Commission on February 20, he prepared a cover letter as part of the 2007
Federal Legislative Agenda. He said our discussion of airport issues took at
most 1% of the total time we spent with federal legislators. He said there
were no requests for anything out of the ordinary regarding airport funding.
Aho thought it was just important to state to those residents concerned who
may see this as a large change in direction towards the airport that there is
no change in direction, and we just want to move forward with the current
agreement we have with the MAC. He said we are looking for repair and
refurbishment of the airport facilities in order to improve the overall look of
the airport.
Butcher said she was at the majority of those meetings and has the same
read as the City Manager does. The tone was about making the airport safer
in terms of having the buildings and the facilities changed to improve the
public image and also to make it safer. There was never a sense of advocacy
for expansion of the airport in those conversations.
Nelson said there has been a lot of discussion with this. The Council spent
over $1,000,000 to get the 2002 agreement, and she thought we need to
respect the fact that MAC is the expert on reliever airport needs for the State
of Minnesota and the metropolitan area. It is their responsibility to decide
when money is spent on expansion of the airports. She wanted to see Eden
Prairie stay with the 2002 agreement. She thought sewer and water
improvements are necessary and homeland security needs are important, but
she thought we need to keep a hands-off approach to the expansion issues
and let MAC make those decisions.
Duckstad said he also attended the meetings and his recollection of what
transpired accords with what Mr. Neal said. He has always understood we
had an agreement that was previously worked out that had a central issue of
whether our airport would remain a small, local/regional airport. We are not
in favor of an airport that grows in any way into a commercial hub. He
thought we would be interested in some upgrading of the airport to improve
the aesthetics of the hangars and add other operating amenities such as
sewer and water. The Council is continually concerned about reducing noise
and that the airport operates in a safe fashion.
Young said none of us discussed or contemplated abandoning the
agreement with the MAC, particularly because our relationship with MAC
CITY COUNCIL MINUTES
March 20, 2007
Page 17
is better today than when the agreement was signed and that is a good thing.
MAC is a higher level of government and they could be a bully so we don't
want to pick a fight with them. Right now they are very cooperative and our
residents benefit from that cooperation. He noted the term we used at the
Joint Council/Airports Commission meeting was "balance." He thought we
need to be responsive to complaints, and we will be able to work better on
the voluntary portions of the agreement if we have a good working
relationship with MAC. No one is implying that business concerns at the
airport are more important than the residents' concerns. He said the ultimate
decision of whether the airport expands is the decision of MAC.
Duckstad said the agreement is important to us and gives some security to
the residents; however, MAC owns the airport and controls what goes on
there. He said the residents need to know we will continue to maintain that
attitude.
Nelson said she understood we are agreed MAC will make the decisions on
expansion when they think it is appropriate. The City will continue to
maintain good relations with them as much as we can.
3. Resolution No. 2007-46 in Support of a High Speed Minnesota
Broadband Policy
Neal said this is a legislative initiative to join with the City of Eagan and
other cities in Dakota County. Businesses in Eden Prairie and Eagan have
expressed interest in supporting the State to actively encourage private
telecommunication companies to improve access to very high speed
broadband services. He said it encourages a state-wide goal of two-way
Gigaband access across Minnesota by the year 2015. He said the City of
Eagan passed the initiative at their meeting earlier this evening. It is a
legislative item so there are no costs involved for the City.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No.
2007-46 supporting the High Speed Minnesota Broadband Policy Initiative.
Motion carried 5-0.
4. Community Technology Task Force
Neal said we have been looking at creating a Community Technology Task
Force for a couple of years. He said the issue began with discussions with
the City Council in 2004 about municipal wi-fi systems that would provide
free broadband wireless services. At that time the City Council decided the
market should continue to provide those services. Since that time there has
been some evidence of market failure. There were a number of complaints
during the transition from Time Warner to Comcast. The
telecommunications infrastructure is important to the City and we don't
know that much about it.
CITY COUNCIL MINUTES
March 20, 2007
Page 18
Neal said staff researched solutions to the concerns and discovered a model
used by the City of Eagan in 2004 that seemed like a good match for Eden
Prairie. Their process involved appointing a group of Eagan residents and
business representatives as a task force to study the issue and to recommend
solutions to the City. He said the City of Eagan supplied the task force with
professional facilitation to assist them with their mission.
Neal said the proposal tonight would appoint a task force of community
volunteers to study questions of what we have in terms of broadband
services, what we need for those services, and how we could get the
services. He said they interviewed three consultants to assist the task force
with this mission and are recommending the selection of Community
Technology Advisors Corporation, which was the firm that assisted Eagan
with their project.
Neal said he would propose David Lindahl serve as the staff liaison to the
task force. We also propose to recruit people from the technology
businesses in the City, appoint them as a task force sometime in May, and
charge them with completing their report and delivering it to the Council in
October.
MOTION: Aho moved, seconded by Butcher, to approve the creation of a
Community Technology Task Force and to award a consulting contract to
facilitate the task force to Community Technology Advisors Corporation in
an amount not to exceed $35,000. Motion carried 5-0.
Nelson thanked Mr. Neal for putting the fiber optic aspect into this as she
thought that will become potentially necessary for some of our technology
businesses in the near future.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
Bob Lambert thanked the Council and the citizens of Eden Prairie for the privilege of
serving the community for 29 years.
MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-
0. Mayor Young adjourned the meeting at 10:35 PM.
ITEM NO.: IV.C.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING
TUESDAY, MARCH 27, 2007 5:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: Parks & Recreation Director Bob Lambert, City Attorney Ric Rosow, and Council
Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 5:10 p.m. Council Member Butcher arrived at
5:15 p.m.
II. PLEDGE OF ALLEGIANCE
II. BIDS FOR COMMUNITY CENTER/ROUND LAKE PARK/BIRCH ISLAND
PARK PROJECTS
Parks &Recreation Director Lambert said RJM, the Construction Manager for the project,
has provided the low bid results on 13 bids for the Community Center project. The
remainder of the bids will be available for review at the April 17 Council meeting. He said
the 13 low bids are presented as Exhibit 1 attached to the cover letter from RJM dated
March 27. Page 1 of Exhibit 1 summarizes the low bidders for each of the 13 bid
categories, including the total cost of$4,892,978 for the 13 low bids. He said the Council
is also asked to approve the quote category for the elevator at$47,405, which would be in
addition to the total for the 13 low bids.
Duckstad asked why the elevator is not included in the list of low bids. Lambert said it is
only a quote, but it must be approved along with the 13 low bids.
Aho asked how these bids compare to the estimates on each of the 13 categories. Lambert
replied that there were 33 bid categories in all, and the total for the 13 low bids presented
today is about $18,000 less than the estimates for those items provided at last week's
meeting.
Duckstad asked if, once the bids are awarded and set as to the amount and what is to be
performed, we are in a position to talk to each of the subs to make any changes that might
be helpful to the City. In other words, are we free to negotiate after awarding the bids if we
see something that would make the job cheaper and would result in as good a finished
product?
Bob Jossart, President of RJM Construction, replied they have a formal process in place
for that between RJM and the contractors and between RJM and the City. He said they
could offer advice to chose a different product with a suggested credit amount to the owner
and architect and could then go back and put it into a change order.
CITY COUNCIL MINUTES
March 27, 2007
Page 2
Council Member Butcher arrived at 5:15 p.m.
Duckstad then asked if RJM supplies the work a general contractor would do since RJM
operates as the project manager and we have no general contractor. Jossart said there are
many elements to the responsibilities of RJM and they are the general contractor on the
project with oversight and management of all the work. Jossart noted many general
contractors no longer provide any labor to the job site, so they don't do anything different
than RJM does. Jossart said,unlike the typical construction manager who has no risk for
time or cost, RJM signed a contract that guarantees cost and therefore is at risk for both
time and cost.
Duckstad asked if, when RJM accepts this, it pertains to both the Community Center and
the nine additional projects being done. Jossart said all those projects are the responsibility
of RJM.
Duckstad asked if RJM is held to the same legal standards that a general contractor is held
to in carrying out the duties of the project. Jossart said in many respects there are greater
responsibilities and, as the construction manager at risk, they have responsibility to
represent the City of Eden Prairie on all nine projects.
Duckstad noted on many construction projects the owner of the property invariably
encounters the need for extra work to be done. He asked Jossart what would be their legal
and monetary response if there is extra work required. Jossart said if it changes the scope
of the work, we would issue a change order,but there are many issues we expect to
encounter that are considered RJM's responsibility. Jossart said they have planned for that,
and expect to see very few change orders on this project compared to other contracts.
Aho asked, if you are responsible and have to eat the cost, then doesn't that force your bid
higher than if you are bidding as a general contractor. Jossart said they have the plans and
specifications as a roadmap and all subs and bidders have bid to those. The roadmap has
curves and we will identify those. Jossart said it is impossible, for instance, for the
structural engineers to identify each detail involved in the construction, and we have
allowed in the contract for such details. Jossart said with RJM any savings that occur come
back to the City, while a general contractor would probably cover the risk and would keep
the savings.
Duckstad asked what Jossart had in mind for this project in regard to the word"risk".
Jossart said there are a couple of major risks,beginning with the fact that Bob Lambert is
leaving. He said the schedule is a risk because there are lots of responsibilities to meet
dates, and overtime would be at their expense, as well as provision for things that are
beyond their control. There is also a risk regarding the guarantee for price, in that RJM is
saying we didn't miss anything, made no mistakes, and there will be no change in scope.
Rosow said the City has approved the contract with the Construction Manager and the
contract contemplates a guaranteed maximum price. They have given the contract to
Rosow and Lambert, and the two of them need time to review it; however, the maximum
price was set by the Council at the March 20 meeting. He said as a public entity the City
CITY COUNCIL MINUTES
March 27, 2007
Page 3
put out for bids and we then assign the contracts to RJM so they have authority to manage
them. He said we will receive the remainder of the bids as well as the grand total for the
nine projects next month.
Duckstad asked Rosow if he, as City Attorney, was satisfied that we are at no greater or
less risk with RJM as Construction Manager than we would be with a general contractor.
Rosow said he believes we are at no greater risk and, after reviewing this type of
arrangement, he believes this is a better arrangement for the City and provides more
protection for the City.
Nelson asked if this is covered by the funds from the referendum and the cash park fees, so
funds are not coming from the future tax base. Lambert said it is covered by the
referendum, cash park fees plus donations. Rosow noted there are also revenue bonds
backed by revenue from the operations. Nelson then asked if it was true that costs for the
project will not go on future taxes. Lambert said that was correct.
MOTION: Aho moved, seconded by Butcher, to approve bids for the Community
Center/Round Lake Park/Birch Island Park projects as recommended by RJM
Construction. Motion carried 5-0.
IV. ADJOURNMENT
MOTION: Nelson moved, seconded by Butcher, to adjourn the meeting. Motion carried
5-0. Mayor Young adjourned the meeting at 5:32 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Police/ Clerk's License Application List
Community Investigations
Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Raffle
Organization: Eden Prairie Chamber of Commerce
Place: Bearpath Golf& Country Club
Date: November 10, 2007
Organization: Ducks Unlimited
Place: Bearpath Golf& Country Club
Date: April 25, 2007
- 1 -
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB.
Community Development/Planning Staring Lake Business Center
Janet Jeremiah
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers on and Zoning District Amendment in the I-2 District, and
• Adopt a Resolution for Site Plan Review; and
• Approve the Development Agreement for Staring Lake Business Center; and
• Approve and Authorize Issuance of a Grading Permit for Staring Lake Business
Center, subject to release by the City Engineer upon determination that the final
contract documents conform to plans stamp dated February 9, 2007, as approved by
the City Council.
Synopsis
This item is approval of the developer agreement for the construction of two industrial buildings
totaling 150,216 square feet with waivers for allowable office use and setback. It is an
amendment to an approved agreement and plans called the Flying Cloud Business Center. The
approved plan was for two buildings totaling 172,111 square feet.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution for Site Plan Review
4. Development Agreement
STARING LAKE BUSINESS CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 11-2007-PUD-1-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the I-2 Zoning District 11-2007-PUD-1-2007 (hereinafter "PUD-1-2007-I-2).
Section 3. The City Council hereby makes the following findings:
A. PUD-1-2007-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-1-2007-I-2 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-1-2007-I-2 are justified by the design of the development
described therein.
D. PUD-1-2007-I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of April 17, 2007, entered into between United Properties,
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-1-2007-I-2, and are hereby made a part
hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the I-2 Zoning District and shall be included hereafter in the Planned Unit
Development 1-2007-I-2, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
th
6 day of March, 2007, 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 17th day of April,
2007.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2007.
EXHIBIT A
PUD Legal Description — Staring Lake Business Center
PARCEL 1
That part of the North 1185 feet of the Northeast Quarter of Section 27, Township 116 North,
Range 22 West of the 5th Principal Meridian lying West of the East 990 feet thereof and East of
a line parallel with and 21 1/3 rods Easterly measured at right angles from a line drawn from a
point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner
thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41
rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter.
PARCEL 2
That part of the Northeast Quarter of said Section 27 lying south of the North 1185 feet thereof
and lying West of the East 990 feet thereof and east of a line parallel with and 21 1/3 rods
Easterly measured at right angles from a point on the North line of said Northeast Quarter distant
17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter
of the Southeast Quarter of said Section 27 distant 41 rods East of the Southwest corner of said
Northwest Quarter of the Southeast Quarter and Northerly of County Road No. 1 and
Northwesterly of U.S. Highway No. 169.
EXCEPTING FROM THE FOREGOING PARCELS
That tract of land lying in Section 27, Township 116, Range 22, Hennepin County, Minnesota
more particularly described as follows:
Commencing at the northeast corner of the Northeast Quarter of said Section 27, thence North 89
degrees 34 minutes 17 seconds West assumed bearing along the north line of said Northeast
Quarter a distance of 990.00 feet to the point of beginning of the exception being described
thence South 00 degrees 33 minutes 59 seconds West parallel with the East line of said Northeast
Quarter a distance of 737.21 feet; thence North 83 degrees 11 minutes 30 seconds West a
distance of 932.45 feet to an intersection with a line parallel with and 21 1/3 rods East of a line
running from a point in the North line of said Northeast Quarter distant 17 rods East of the
Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast
Quarter distant 41 rods East of the Southwest corner thereof thence North 4 degrees 34 minutes
44 seconds West along the last above described parallel line a distance of 636.00 feet to the
North line of said Northeast Quarter thence Easterly along said North line a distance of 953.98
feet to the point of beginning.
PARCEL 3
That part of the Northeast Quart of Section 27, Township 116, Range 22, West 5th Principal
Meridian, Hennepin County, Minnesota, described as:
Commencing at a point in the North line of said Northeast Quarter of Section 27, distant 280.5
feet East from the Northwest corner of said Northeast Quarter; thence Southeasterly in a straight
line, which if produced Southeasterly will intersect the South line of the Northwest Quarter of
the Southeast Quarter of said Section 27 at a point distant 41 rods East from the Southwest
corner thereof a distance of 1117.04 feet to the actual point of beginning of the land to be
hereinafter described; thence continuing Southeasterly along said last described line a distance of
262.96 feet; thence East at right angles 228 feet; thence South at right angles to a point distant 20
feet North of the center of Old County Road No. 1; thence Easterly parallel with the center line
of said road to its intersection with a line distant 21 1/3 rods Easterly at right angles from and
parallel with the said first above described line; thence Northerly along said last described
parallel line to its intersection with a line drawn Easterly from the actual point of beginning at
right angles to the first above described straight line; thence Westerly along said last described
right angle line to the actual point of beginning.
PARCEL 4
That part of Section 27, Township 116, Range 22, described as follows:
Commencing at a point in the North line of the Northeast Quarter, distant 280.5 feet East from
the Northwest corner thereof; thence Southeasterly, distant 1380 feet along a line which if
extended would intersect the South line of the Northwest Quarter of the Southeast Quarter,
distant 676.5 feet East from the Southwest corner thereof to the actual point of beginning; thence
Northeasterly at right angles, distant 228 feet; thence Southeasterly at right angles to the
centerline of Pioneer Trail; thence Northwesterly along the centerline to a point of intersection
with the first described line; thence Northwesterly to the point of beginning, except road,
Hennepin County, Minnesota.
Torrens Certificate No. 790272
PARCEL 5
That part of the Northeast Quarter of Section 27, Township 115, Range 22 bounded as follows,
to wit; Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from
the Northwest corner thereof; thence in a Southeasterly direction 1465 feet along a straight line
(said line to be hereafter known as line "A")which if produced will intersect the South line of the
Northwest Quarter of the Southeast Quarter of said Section 27, Township 116, Range 22. at a
point 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter,
for a point of beginning; thence East parallel with the North line of said Northeast Quarter to a
point in a line 21 1/3 rods Easterly at right angles form and parallel with aforesaid line "A";
thence Southeasterly in a straight line parallel with aforesaid line "A" to the North line of County
Road No. 1, as now established; thence Northwesterly along the North line of said County Road
No. 1 to its intersection with the aforesaid line "A"; thence Northwesterly along said line "A" to
the point of beginning. Except the following: That part of the Northeast Quarter of Section 27,
Township 116, Range 22, described as follows: Commencing at a point in the North line of said
Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence Southeasterly along
aforesaid line "A" a distance of 1380 feet to the actual point of beginning of the tract to be
described; thence East at right angles 228 feet; thence South at right angles to the center line of
County Road No. 1; thence Westerly along said center line to said line "A"; thence Northerly
along said line "A" to the point of actual beginning.
STARING LAKE BUSINESS CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2007-PUD-1-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at U.S.
Highway 212 and County Highway 1 within the I-2 Zoning District. Exhibit A, included with
this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2007.
(A full copy of the text of this Ordinance is available from City Clerk.)
STARING LAKE BUNISESS CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR STARING LAKE BUSINESS CENTER
BY UNITED LAND LLC
WHEREAS, United Land LLC, has applied for Site Plan approval of Staring Lake
Business Center to construct two industrial buildings, by an Ordinance approved by the City
Council on March 6, 2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its February 12, 2007 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
March 6, 2007 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Staring Lake
Business Center based on the Development Agreement between United Land LLC and the City
of Eden Prairie,reviewed and approved by the City Council on April 17, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
STARING LAKE BUSINESS CENTER
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 17,
2007, by United Land LLC a Minnesota limited liability company, hereinafter referred to as
"Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Review
on 19.3 acres, Planned Unit Development District Review with waivers on 19.3 acres, Zoning
District Amendment within the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres,
and Preliminary Plat of 19.3 acres into two lots, legally described on Exhibit A (the "Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. 2007-041 for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Amendment within the I-2 Zoning District on 19.3 acres, Resolution No.
for Site Plan Review,and Resolution No.2007-042 for Preliminary Plat,Developer
agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated February 9,2007,reviewed and approved by the City Council on March 6,
2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final
plat for any portion of the property, Developer shall prepare a Cross Access and
Maintenance Agreement for Lot 1 and Lot 2, Staring Lake Corporate Center,the form and
substance of which must be approved by the City Engineer. This Agreement shall address
joint vehicle access and maintenance over the private streets, storm sewers, and rainwater
gardens.All of these facilities shall be privately owned and maintained by the Developer or
Owner. After approval by the City,Developer shall file the Cross Access Easement,Private
Utility and Maintenance Agreement 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 Cross Access Easement, Private Utility and Maintenance
Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office in accordance with the requirements of this paragraph.
4. CROSS ACCESS FOR ADJOINING LANDS: The Property, together with adjoining
land owned by the City and others, will share access to Pioneer Trail over the northerly
sixty(60) feet of proposed Lot 2, Block 1, Staring Lake Corporate Center. Prior to
release of a final plat for any portion of the Property but no later than October 1, 2007,
the Developer shall convey to the City and the owner of the property identified as:
Commencing at a point in North line of Northwest 1/4 of Northeast 1/4 Distance 280.5 east
from Northwest corner thereof the Southeasterly 666.91 feet along a line which if
produced would intersect South line of Northwest 1/4 of Southeast 1/4 distance 39 rods
West from Southeast corner thereof said point being actual point of beginning thence
continuing along last described line 450.13 feet thence Northeasterly at right angles 352
feet thence northwesterly at right angles 450.13 feet thence Southwesterly to beginning,
which is contiguous to the Northwest portion of the Property, the non-exclusive right of
ingress and egress over the above described area. The form and substance of said
Agreement must be approved by the City Engineer. The construction of the entrance
drive over the northerly sixty(60) feet of Lot 2, Block 1 by the Developer shall include a
curb opening for the adjacent City property, as specified by the City to accommodate its
cross access.
5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation,provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. 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 information,including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities,such as water quality ponding areas,stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certify to the City that the Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
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 FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins,retention basins or Stormwater Infiltration Systems(such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands,
tree box filters,bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction,erosion,
clogging,vegetation loss and channelization of flow are not occurring,and thereafter
by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment which shall be removed by hand or with a flat-bottomed shovel or rake
during dry periods. Only enough sediment shall be removed as needed to restore
hydraulic capacity, leaving as much of the vegetation in place as possible. Any
damaged turf or vegetation shall be reseeded or replaced.
After the two year period of maintenance required by this Agreement,the Owner of
the Property shall continue to be responsible for maintenance of the Stormwater
Facilities. This shall include debris and litter removal, removal of noxious and
invasive plants, removal of dead and diseased plants, re-mulching of void areas,
replanting or reseeding areas where dead or diseased plants were removed and hand
removal of sediment build-up.
C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit,Developer 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, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 540 caliper inches. The approved landscape plan shall be
consistent with the quantity,type,and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's
approval of a landscape bond equal to 150%of the cost of said improvements as required by
City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating,and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property,in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
12. PIONEER TRAIL IMPROVEMENTS: The City and Hennepin County plan to proceed
with Pioneer Trail road improvements in 2008 and storm sewer improvements in 2007, for
which permanent easements and right-of-way are shown on the proposed plat of Staring
Lake Corporate Center. In the event the final plat is unrecorded when easements for the
storm sewer improvements and Pioneer Trail are required by the City or Hennepin County,
Developer shall convey such easements for the improvements consistent with the easements
and right-of-way shown on the proposed plat of Star Lake Corporate Center attached as
Exhibit hereto. Developer shall provide recordable easements to the City and/or County
within 20 days of request. Developer shall provide these easement for no compensation.
Developer shall also tender recordable temporary easements for storm sewer and right-of-
way construction as required by the City and/or County within 30 days of request without
compensation.
13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the (list zoning districts to which waivers will be granted) District
through the Planned Unit Development District Review for the Property and incorporates
said waivers as part of PUD(list PUD number):
1. Parking setback from 50 feet to 3 feet for building site one.
2. Parking setback from 50 feet to 35 feet for building site two.
3. Office use from 50%to 85%.
14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height,type of materials, and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
15. 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:
B. An eight-foot wide bituminous trail to be located along Pioneer Trail as depicted in
the Plans.
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.
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.
16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction,and location of any such sign,consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision
5a.
17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall
be signed by the owner(s) of the Property with the City for trunk sewer and water
assessments on an assessable area of acres in the amount of$119,081.00.
19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. 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.
20. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to
match the building, include a roof, and heavy duty steel gates that completely screen the
interior of the enclosure. Developer shall complete implementation of the trash enclosure
plan prior to issuance of any occupancy permit for the Property.
21. 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
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 two (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(use if a single tenant building)
b.) 1 month after the Property has achieved a 50% occupancy rate for the total rentable
square footage of the Property. (use if a multi-tenant building or a building without a pre-
signed tenant).
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 current 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.
22. TREE LOSS -TREE REPLACEMENT: There are 3,326 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,641
diameter inches. Tree replacement required is 1,084 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 1,084caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property,Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
United Land LLC
By By
Its Phil Young
Its Mayor
By By_
Its Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2007,
by Phil Young 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 , 2007,by
, the , of United Land LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT —STARING LAKE BUSINESS CENTER
LEGAL DESCRIPTION
Before Final Plat Legal Description
PARCEL 1
That part of the North 1185 feet of the Northeast Quarter of Section 27,Township 116 North,Range
22 West of the 5th Principal Meridian lying West of the East 990 feet thereof and East of a line
parallel with and 21 1/3 rods Easterly measured at right angles from a line drawn from a point in the
North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point
in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the
Southwest corner of said Northwest Quarter of the Southeast Quarter.
PARCEL 2
That part of the Northeast Quarter of said Section 27 lying south of the North 1185 feet thereof and
lying West of the East 990 feet thereof and east of a line parallel with and 21 1/3 rods Easterly
measured at right angles from a point on the North line of said Northeast Quarter distant 17 rods
East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the
Southeast Quarter of said Section 27 distant 41 rods East of the Southwest corner of said Northwest
Quarter of the Southeast Quarter and Northerly of County Road No. 1 and Northwesterly of U.S.
Highway No. 169.
EXCEPTING FROM THE FOREGOING PARCELS
That tract of land lying in Section 27,Township 116,Range 22,Hennepin County,Minnesota more
particularly described as follows:
Commencing at the northeast corner of the Northeast Quarter of said Section 27, thence North 89
degrees 34 minutes 17 seconds West assumed bearing along the north line of said Northeast Quarter
a distance of 990.00 feet to the point of beginning of the exception being described thence South 00
degrees 33 minutes 59 seconds West parallel with the East line of said Northeast Quarter a distance
of 737.21 feet;thence North 83 degrees 11 minutes 30 seconds West a distance of 932.45 feet to an
intersection with a line parallel with and 21 1/3 rods East of a line running from a point in the North
line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the
South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest
corner thereof thence North 4 degrees 34 minutes 44 seconds West along the last above described
parallel line a distance of 636.00 feet to the North line of said Northeast Quarter thence Easterly
along said North line a distance of 953.98 feet to the point of beginning.
PARCEL 3
That part of the Northeast Quart of Section 27, Township 116, Range 22, West 5th Principal
Meridian, Hennepin County, Minnesota, described as:
Commencing at a point in the North line of said Northeast Quarter of Section 27, distant 280.5 feet
East from the Northwest corner of said Northeast Quarter; thence Southeasterly in a straight line,
which if produced Southeasterly will intersect the South line of the Northwest Quarter of the
Southeast Quarter of said Section 27 at a point distant 41 rods East from the Southwest corner
thereof a distance of 1117.04 feet to the actual point of beginning of the land to be hereinafter
described; thence continuing Southeasterly along said last described line a distance of 262.96 feet;
thence East at right angles 228 feet; thence South at right angles to a point distant 20 feet North of
the center of Old County Road No. 1;thence Easterly parallel with the center line of said road to its
intersection with a line distant 21 1/3 rods Easterly at right angles from and parallel with the said
first above described line;thence Northerly along said last described parallel line to its intersection
with a line drawn Easterly from the actual point of beginning at right angles to the first above
described straight line;thence Westerly along said last described right angle line to the actual point
of beginning.
PARCEL 4
That part of Section 27, Township 116, Range 22, described as follows:
Commencing at a point in the North line of the Northeast Quarter, distant 280.5 feet East from the
Northwest corner thereof; thence Southeasterly, distant 1380 feet along a line which if extended
would intersect the South line of the Northwest Quarter of the Southeast Quarter,distant 676.5 feet
East from the Southwest corner thereof to the actual point of beginning;thence Northeasterly at right
angles,distant 228 feet;thence Southeasterly at right angles to the centerline of Pioneer Trail;thence
Northwesterly along the centerline to a point of intersection with the first described line; thence
Northwesterly to the point of beginning, except road, Hennepin County, Minnesota.
Torrens Certificate No. 790272
PARCEL 5
That part of the Northeast Quarter of Section 27, Township 115, Range 22 bounded as follows, to
wit; Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the
Northwest corner thereof; thence in a Southeasterly direction 1465 feet along a straight line (said
line to be hereafter known as line "A") which if produced will intersect the South line of the
Northwest Quarter of the Southeast Quarter of said Section 27,Township 116,Range 22. at a point
41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter,for a point
of beginning;thence East parallel with the North line of said Northeast Quarter to a point in a line 21
1/3 rods Easterly at right angles form and parallel with aforesaid line"A";thence Southeasterly in a
straight line parallel with aforesaid line "A" to the North line of County Road No. 1, as now
established;thence Northwesterly along the North line of said County Road No. 1 to its intersection
with the aforesaid line "A"; thence Northwesterly along said line "A" to the point of beginning.
Except the following: That part of the Northeast Quarter of Section 27, Township 116,Range 22,
described as follows: Commencing at a point in the North line of said Northeast Quarter 280.5 feet
East from the Northwest corner thereof;thence Southeasterly along aforesaid line"A"a distance of
1380 feet to the actual point of beginning of the tract to be described;thence East at right angles 228
feet; thence South at right angles to the center line of County Road No. 1; thence Westerly along
said center line to said line "A"; thence Northerly along said line "A" to the point of actual
beginning.
After Final Plat Legal Description
Lot 1 and 2, Block 1, Staring Lake Business Center
EXHIBIT B
DEVELOPMENT AGREEMENT —STARING LAKE BUSINESS CENTER
Sheet A0.1, Title Sheet dated 02/07/07 by Pope Architects, Inc
Sheet C-1, Civil Site Plan dated 02/07/07 by Westwood Professional Services, Inc.
Sheet C-2, Grading Drainage, and Erosion Control Plan dated 02/09/07 by Westwood
Professional Services, Inc.
Sheet C-3, Grading Plan dated 02/07/07 by Westwood Professional Services, Inc.
Sheet A1.1, Site Plan dated 01/05/07 by Pope Architects, Inc.
Sheet A2.1, Orientation Floor Plan Building#1 dated 01/05/07 by Pope Architects, Inc.
Sheet A2.2, Orientation Floor Plan Building#2 dated 01/05/07 by Pope Architects, Inc.
Sheet A3.1 Exterior Elevations Building#1 dated 02/07/07 by Pope Architects, Inc.
Sheet A3.2, Exterior Elevations Building#2 dated 02/07/07 by Pope Architects, Inc.
Sheet L-1, Landscape Plan dated 01/05/07 by Westwood Professional Services, Inc.
Sheet L-2, Tree Inventory &Preservation Plan dated 01/05/07 by Westwood Professional
Services, Inc.
Sheet EP1.0, Schematic Design dated 12/20/06 by Ace Electrical Contractors, Inc.
Sheet EP1.1, Schematic Design dated 12/20/06 by Ace Electrical Contractors, Inc.
Sheet S-1, Existing Conditions
Preliminary Plat by Westwood Professional Services, Inc
EXHIBIT C
DEVELOPMENT AGREEMENT — STARING LAKE BUSINESS CENTER
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
"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
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be
levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten(10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration
of the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof,or otherwise give rise to any cause of action for any person not a
party hereto.
EXHIBIT D
DEVELOPMENT AGREEMENT — STARING LAKE BUSINESS CENTER
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2007,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 fmancing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of
$119,081.00 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a"pending
assessment"until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City,its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto,provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected,without the
necessity of further City Council approval,unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
OWNER CITY OF EDEN PRAIRIE
United Land, LLC
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Phil Young
Its Mayor
By: NOT TO BE SIGNED
Scott H.Neal,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2007,
by Phil Young, 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 ,2007,
by the
, a Minnesota , on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Leslie Stovring, Public Works/ Approve Second Reading of an
Environmental Services Ordinance Amending City Code Section
5.36
Requested Action
Move to:
• Approve Second Reading of an Ordinance amending City Code Section 5.36 Relating to
Licensing of Collectors of Solid, Recyclable and/or Yard Waste; and
• Adopt Resolution Approving Summary Ordinance for Publication.
Synopsis
The amendment to the City Code incorporates changes to address the following:
1. Incorporation of current Hennepin County requirements for recycling.
2. Miscellaneous issues that have arisen during day to day application of the ordinance.
These are generally what would be defined as housekeeping items.
Background Information
The first reading for the Ordinance was on March 20, 2007. Minor editorial changes were made
to the Ordinance since that time.
Attachments
• Resolution Approving Summary Ordinance
• Ordinance Summary
• Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2007 AND
ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2007 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 17th day of April 2007.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. -2007 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No. -2007, attached hereto, conforms
to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie Sun Current in
a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance No. -2007 shall be recorded in the Ordinance Book, along with
proof of publication, within twenty(20) days after said publication.
ADOPTED by the City Council on April 17, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS GOVERNING
LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS.
The following is only a summary of Ordinance No. -2007. The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
The Ordinance amends City Code Section 5.36 by specifying which items must be collected
for recycling from single family residential customers and establishes reporting re requirements for
all Licensees.
EFFECTIVE DATE: This Ordinance shall take effect on June 1, 2007.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2007.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. - 2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS
GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR
YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5 — Section 5.36 entitled"Licensing of Collectors of Solid,
Recyclable and/or Yard Waste" is amended in its entirety to read as follows:
SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR
YARD WASTE.
Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present
practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is
unacceptable because such disposal is detrimental both in the short-range and long-range to the
environment in that it causes pollution and contamination of underground and surface waters, the
air and natural flora and fauna, it is harmful to the health and safety of persons and property
because of the generation of noxious and dangerous odors and gases, including methane gas, the
contamination of waters and air, and the blowing of airborne particles and contaminants causes
social and/or economic harm to persons and property who reside, or which is, in proximity to
landfills and should be done only in the absence of reasonably available alternatives.
In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm
caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the
following provisions relating to the collection of solid waste, recyclable waste and yard waste
separated at its source.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the following
meanings:
A. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated
primarily of aluminum, commonly used for beverages.
B. Association— Association means all organizations of residential dwelling owners formed
for the purpose of joint management of property or services.
C. Can Recyclables — Can recyclables means disposable containers fabricated primarily of
metal or tin.
D. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from
the place at which it is generated and includes all activities up to the time when the
material is delivered to the final disposal site.
E. Commercial Establishment - Any premises where commercial or industrial enterprise of
any kind is carried on and shall include restaurants, clubs, churches, and schools where
food is prepared or served.
F. Corrugated Cardboard— Corrugated cardboard means heavy paper or cardboard material
with double wall construction and corrugated separation between walls for use in packing
or boxing materials.
G. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota
Pollution Control Agency ("MPCA") that is designed or operated for the purpose of
disposing of solid waste.
H. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are
primarily used for packing and bottling of food and beverages.
I. Geographic Service Area - Geographic service area means that area incorporated within
the boundaries of the City.
J. Licensee - Licensee means a person licensed to collect and transport solid, recyclable
and/or yard waste or roll off containers as provided in this Section.
K. Multiple Family Dwelling—Multiple Family Dwelling means attached dwelling units and
accessory structures containing two (2) or more dwelling units.
L. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office
paper, magazines, catalogs, mixed paper and other uncoated paper products such as
boxboard.
M. Plastic Recyclables — Plastic recyclables means disposable bottles with a neck that are
used for bottling of various matter and are fabricated from plastic, excluding bottles that
previously contained hazardous materials or motor oil.
N. Recyclable Waste - Recyclable waste means those components of solid waste consisting
of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper
recyclables, plastic recyclables, organics, and other materials required to be recycled in
compliance with City Ordinances, County Ordinances and Regulations, and State Statutes
and Rules, each of which has been separated by a customer into a container or containers
which have been designated for recyclable waste.
O. Residential Customer - Residential customer means a person or persons who is or are
customers of a Licensee and reside in a Single Family Dwelling or Multiple Family
Dwelling which is used for residential purposes by one or more people, not including
hotels, motels, rest homes, hospitals, or nursing homes.
P. Roll Off Containers — Roll off containers means detachable receptacles, containers,
dumpsters, bins or boxes designed for collection of construction, demolition, renovation,
scrap, recycling, liquid, solid waste or yard waste materials or debris.
Q. Single Family Dwelling — Single family, detached dwelling and accessory structures
designed for or containing one dwelling unit.
R. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment
plant or air contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from residential,
industrial, commercial, mining„ agricultural operations, and community activities, but
does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders,
rock; sewage sludge; solid or dissolved material in domestic sewage or other common
pollutants in water resources, such as silt, dissolved or suspended solids in industrial
waste water effluents or discharges which are point sources subject to permits under
section 402 of the federal Water Pollution Control Act, as amended, dissolved materials
in irrigation return flows; or source, special nuclear, or by-product material as defined by
The Atomic Energy Act of 1954, as amended.
S. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care
activities such as mowing, trimming, gardening or raking consisting of grass clippings,
twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden
waste and leaves.
Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or
yard waste from any person, or transport the same, without a license therefore from the City.
Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or
transporting solid, recyclable and/or yard waste from the person's own residence or place of
business provided the collection and transportation of the solid, recyclable and/or yard waste is
conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or
yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota
Pollution Control Agency.
Subd. 5. The following are conditions applicable to each Licensee for a license for the
collection of solid, recyclable and/or yard waste:
A. Each Licensee is authorized to collect solid, recyclable and/or yard waste within the
geographical service area. The Council has by resolution divided the geographical
service area into districts and established the days on which residential solid waste and
recyclable collection may occur within each district. The districts so established and the
days on which collection may occur within each district may from time to time be
amended by the Council by resolution. No Licensee or any other person shall collect
solid, recyclable and/or yard waste from residential customers on any day other than the
day specified for collection in the district except to collect roll-off containers, missed
pickups, a special pickup or when a holiday falls on a district collection day.
B. Each Licensee shall use vehicles or roll off containers for the collection and
transportation of solid, recyclable and/or yard waste in good operating condition, of such
design and so equipped so as to prevent loss in transit of liquid or solid cargo. The
vehicles shall be kept clean and free from offensive odors and shall not be stopped or
parked longer than reasonably necessary to collect solid, recyclable and/or yard waste.
C. No Licensee shall operate a vehicle on any city street which exceeds eight (8) tons per
axle weight.
D. No Licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00
o'clock A.M. of any day, and shall not operate in a residential district on Sunday.
E. Each Licensee shall exhibit evidence of the license in a prominent position on each
vehicle and roll-off container used in the collection or transportation of solid, recyclable
and/or yard waste.
F. Each Licensee shall be solely responsible for the provision, at its expense, of all
personnel and equipment necessary to collect and transport all solid, recyclable and/or
yard waste for which a license is granted by the City for delivery and disposal in
accordance with the City Code and such regulations as the City may from time to time
establish.
G. Each Licensee shall take all precautions necessary to protect the public against injury and
shall defend, indemnify and save the City harmless from and against all liabilities, losses,
damages and claims of damages (including all reasonable costs, attorneys' fees, and other
expenses incident thereto) suffered or incurred by the City that may arise by reason of
any act or omission on the part of the Licensee, its agents, or independent contractors,
while engaged in the collection and transportation of solid, recyclable and/or yard waste.
Each Licensee shall also defend, indemnify and save the City harmless from and against
any and all claims, liens and claims for labor performed or material furnished incident to
the said collection and transportation by Licensee including claims for material or
services furnished or subcontracted for by it. Each Licensee shall also defend, indemnify,
and save the City harmless from and against all liabilities, losses, damages, costs and
expenses (including attorneys' fees and expenses of City), causes of action, suits, claims,
demands and judgments of any nature arising from violation of any representation,
agreement, warranty, covenant or condition made by Licensee or imposed upon Licensee
by Section 5.36 of the City Code.
H. Each Licensee shall obtain and furnish to City evidence of all insurance required under
this subdivision, covering all vehicles to be used and all operations to be performed by
Licensee in collecting and transporting solid, recyclable and/or yard waste. Each policy
of insurance required under this subdivision shall name the City as an additional insured.
1. Existence of the insurance required herein shall be established by furnishing
certificates of insurance issued by insurers duly licensed to do business within the
State of Minnesota in force on the date of commencement of the license period,
and continuing for a policy period of at least one (1) year and providing the
following coverages:
a.. Public liability insurance, including general liability, automobile liability,
completed operations liability, and loading and unloading liability in the
following amounts.
b. Bodily injury liability in the amount of at least $100,000 for injury or
death of any one person in any one occurrence.
c. Bodily injury liability in the amount of at least $300,000 for injuries or
death arising out of any one occurrence.
d. Property damage liability in the amount of at least $50,000 for any one
occurrence.
2. Such general liability and automobile liability insurance policy or policies shall
provide contractual liability insurance, specifically referring to and covering the
obligation of Licensee to defend, indemnify and save harmless the City, its
officials, agents and employees from alleged claims or causes of action for bodily
injury or property damage as provided in Section 5.36 hereof.
3. Said general liability and automobile liability policy or policies shall contain an
endorsement as follows:
The policy to which this endorsement is attached is intended to
comply with and furnish the coverages required by Section 5.36 of
the City Code of the City of Eden Prairie. If anything in any other
attachment, endorsement or rider conflicts with the provisions of
said Section 5.36, then the provisions of said Section 5.36 shall
prevail.
Any deductible amount provided for in any part of the policy will
be paid by the insurer upon establishment of legal liability of any
insured, and the insurer shall be entitled to reimbursement from the
insured for such deductible amount.
4. Said policies of insurance shall be furnished by a Licensee to City for
examination and approval prior to the effectiveness of any license issued to a
Licensee together with a certificate or certificates executed by an authorized
representative of the insurer, certifying to the insurance coverage herein required,
and stipulating that the policy will not be canceled nor any material change
effected without first giving thirty (30) days written notice to City. After
examination and approval of said policies by City, they may be returned to the
Licensee, but the certificates of insurance shall be retained by City. Upon request
by City, Licensee shall promptly furnish to City for examination at any time all
contracts of insurance required herein. Each Licensee shall, on each anniversary
date of the license, furnish City with evidence satisfactory to the City of the
insurance required hereunder.
Each Licensee shall at all times operate its business of collecting, transporting and
disposing of solid, recyclable and/or yard waste in compliance with all local, state, and
federal laws. Each Licensee shall obtain and maintain all licenses, permits, or other
authority required by each county in which it operates, the Minnesota Pollution Control
Agency and any other governmental agency having jurisdiction over its activities.
J. Each Licensee shall impose charges for the collection of solid waste that increase with
the volume or weight of the solid waste collected.
Subd. 6. In addition to the conditions imposed upon Licensees set forth in Subd. 5 hereof the
following are conditions applicable to each Licensee for a license for the collection of solid,
recyclable and/or yard waste from customers effective August 1, 1989. Each such Licensee
shall:
A. Collect or provide for the collection from each customer of the Licensee of recyclable
waste no less frequently than on a bi-weekly basis and solid waste no less frequently than
on a weekly basis on the same day or days that the Licensee collects other forms of solid
waste from such customer as described in Subd. 5(A).
B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container
designated for recyclable waste on or in a disposal facility.
C. Provide for and collect yard waste from each residential customer of the Licensee at least
as frequently and on such day or days as it shall collect other forms of solid waste from
such residential customer between May and October.
D. A Licensee shall not deliver to, dump or dispose of yard waste on or in a Disposal
Facility.
E. Make available for sale and sell at a reasonable cost to the Licensee's customers,
containers for recyclable waste approved by the City.
F. The Licensee shall provide to the City a quarterly written report that includes the
following information.
1. The amount, by weight or volume, of each of the following materials collected
during the preceding month from all of the residential customers of the Licensee
in the City:
a. Aluminum Recyclables
b. Can Recyclables
c. Corrugated Cardboard
d. Glass Recyclables
e. Paper Recyclables
f. Plastic Recyclables
g. All other recyclable waste
h. Yard Waste
i. All other Solid Waste
2. Number of Single Family Households with curbside recycling service.
3. Number of Multi-Family Households with curbside recycling service.
4. The costs incurred by the Licensee in providing the services for the collection of
recyclable waste and yard waste required by this Section.
G. Retain all documents evidencing the amount of the materials collected and/or received by
the Licensee from the facility or facilities at which the materials have been disposed for a
period of at least five (5) years. These documents shall be available for inspection by
representatives of the City at all reasonable times within the County of Hennepin or a
contiguous county.
G. Not impose a greater charge for the collection of solid waste upon customers who recycle
than upon customers who do not recycle solid waste or any part thereof
H. Collect or provide for the collection of recyclable waste from each commercial or
business customer on request. The recycling container must be accommodated within an
existing or expanded enclosure for solid waste.
I. Collect or provide for the collection of at a minimum the following materials from all
Residential Customers who have curbside pickup of Recyclable Waste:
1. Aluminum Recyclables
2. Can Recyclables
3. Corrugated Cardboard
4. Glass Recyclables
5. Paper Recyclables
6. Plastic Recyclables
Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off Licensees except as
follows: 5.36, Subd. 6(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable to Roll Off
Licensees unless the Roll Off Container is used for collection of construction, demolition or
renovation materials.
Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within
the street or other public property.
Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed
upon a Licensee by the City Code shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the license of a Licensee.
Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation
whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or
yard waste, or payment for such services to any person, and nothing in this Section shall be
deemed to constitute a Licensee a partner,joint venturer, agent or representative of the City or to
create the relationship of employer-employee.
ADOPTED by the Eden Prairie City Council on April 17, 2007.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Randy L. Slick Final Plat Approval of Doughty
Public Works/Engineering Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Doughty Addition.
Synopsis
This proposal is for the plat located at13200 Roberts Drive. The plat consists of 1.06 acres to be
divided into two single-family lots and right-of-way dedication for street purposes.
Background Information
The preliminary plat was approved by the City Council December 5, 2006. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 8, 2006.
The resolution includes a variance to City Code 12.20 Subd. 2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.00.
• Receipt of street lighting fee in the amount of$384.91.
• Prior to release of the final plat, Developer shall provide to the City a current title insurance
policy.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor.
Attachments
• Resolution
• Drawing of final plat
city r c e.
DOUGHTY ADDITION C.R. D No.
KNOW ALL MEN BY THESE PRESENTS: That Baton Building Company,LLC,a Minnesota limited liability company owner and proprietors,of the following described ._ EN
,
property situate in the County of Hennepin,State of Minnesota,to—wit: 8 1.1 J(;'1_ ,.:...,:::..i`;
The South 150.00 feet of the East 290.40 feet of the Northwest One Quarter of the Northeast One Quarter N (—NORTH L l,Ot OR THE SOUTH 150 FEET OF THE ow'1/4,NE 1/4.SEC. 10
of Section 10,Township 116,Range 22,and that part of the East 290.40 feet a f the Southwest One Quarter
of the Northeast One Quarter lying North of County Road No.66,also known as County Road No.39,now =
known as Roberts Drive.According to the recorded plot thereof,Hennepin County.Minnesota. N • v. 989°4614E 290.02
Have caused the same to be surveyed and platted as DOUGHTY ADDITION and do hereby donate and dedicate to the public for public use forever the Drive r 120.01 1 r 170.01 1 '^'
and easements for drainage and utility purposes as shown on the plat. In witness whereof said Baton Building Company,LLC,have hereunto set their hands 2 W 'Y
o N `;
this day of 200 '.
e :.., 7
BATON BUILDING COMPANY,LLC w y.! ig w N
B.
N 1 H x 2 n
m c
CountyN89°48'14'VV q J \
of Hennepin s 0.40 _______ �� ___
State of Minnesota '^ • L
The foregoing instrument was acknowledged before me this day of 200 ,by Baton Building Company,LLC,a Minnesota limited __ -- _—J __ iT0.25
liability company. _ ?� 0.
• N86°26'29"E 290.82 —_ T ,�; ccaavia aR R9cLEN
.i as Oi o NORTH L1NE OF THE OF THE SW 1/4,NE 1/4,SEC. 10
Notary Public, County,Minnesota .
N ^
My Commission Expires o '{'j',.. .f.%%7� t'-�'
Qi
I hereby certify that I have surveyed and platted the property described on this plat as DOUGHTY ADDITION;thot this plat is a correct ____--�I
representation of said survey;that all distances are correctly shown on the plat in feet and hundredths of a foot;that all monuments -- (' ,-
o
have been correctly placed the ground as shown on said plat or will be placed as required by local governmental unit as designated
on said plat and that there are no wetlands as defined in M.S.505.02,Subdivision 1,or public highways to be designated on said plat. _:
ij
'1
• DENOTES IRON MONUMENT FOUND
Gregory R.Prasch,Licensed Land Surveyor
Minnesota License No.24992
O DENOTES IRON MONUMENT SET UTILITY AND DRAINAGE EASEMENTS
ARE SHOWN THUS:
County f Hennepin AND MARKED R.L.S.24992 ORIENTATION OF THIS BEARING
State of Minnesota I I SYSTEM IS BASED ON AN
The foregoing instrument was acknowledged before me this day of 200_by Gregory R.Prasch,Licensed Land Surveyor. --{- --.6 ASSUMED BASIS.
5—_- -1--
SCALE IN FEET _II I
Notary Public,Hennepin County,Minnesota 4ouununuununnununuu0nnui Omwmwuwwnuunm80 ..
My Commission Expires January 31,2010 BEING 5 FEET IN WIDTH,AND ADJOINING LOT LINES,
AND 10 FEET IN WIDTH,AND ADJOINING RIGHT OF WAY
LINES AS SHOWN ON THE PLAT.
EDEN PRAIRIE,MINNESOTA
This plat of DOUGHTY ADDITION was approved and accepted by the City Council of the City of Eden Prairie,Minnesota,at a regular meeting
thereof held this day of ,200_ If applicable,the written co a
ents and r o medations of the Commissioner SURVEY DIVISION,Hennepin County,Minnesota
of Transportation and the County Highway Engineer have been received by the City or prescribed 30 day period has clasped without receipt Pursuant to Minnesota Statutes,Sec.383B.565(1969)this plat has been approved this day of 200—
of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03,Subd.2.
CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA
William P.Brown,Hennepin County Surveyor By
By:Mayor By.City Manager COUNTY RECORDER,Hennepin County,Minnesota
I hereby certify that the within plat of DOUGHTY ADDITION was filed in this office this day of ,200—
at o'clock_M.
TAXPAYER SERVICES DEPARTMENT,Hennepin County.Minnesota
I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day Michael H.Conniff,County Recorder By Deputy
of 200_
Patrick H.0'Connor,Hennepin County Auditor By Deputy LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING FINAL PLAT OF DOUGHTY ADDITION
WHEREAS, the plat of Doughty Addition has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations
and requirements of the laws of the State of Minnesota and ordinances of the City of
Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Doughty Addition is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated April 17,
2007.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-
month maximum time lapse between the approval date of the preliminary plat
and filing of the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this
resolution to the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon compliance with the
foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 17, 2007.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Randy L. Slick Final Plat Approval of Whispering
Public Works/Engineering Ridge
Requested Action
Move to: Adopt the resolution approving the final plat of Whispering Ridge.
Synopsis
This proposal is for the plat located at 16440, 16480 and 16500 Hilltop Road. The plat consists
of 3.78 acres to be divided into nine single-family lots and right-of-way dedication for street
purposes. This is a replat of Lots 1 and 2, Block 1, Alm Eden Heights Addition and Lot 10,
Block 1, Eden Heights.
Background Information
The preliminary plat was approved by the City Council on February 6, 2007. Second reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 6, 2007.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$486.
• Receipt of street lighting fee in the amount of$844.67.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Satisfaction of bonding requirements for the installation of public improvements.
• Execution of Special Assessment Agreement for trunk utility improvements and Hilltop
Road Street and utility improvements.
• The requirements as set forth in the Developer's Agreement.
• Prior to release of the final plat, Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING FINAL PLAT OF WHISPERING RIDGE
WHEREAS, the plat of Whispering Ridge has been submitted in a manner required for platting
land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and
all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Whispering Ridge is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated April 17, 2007.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on April 17, 2007.
Phil Young,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
KNOW
BY
in
following n prop,�situated , `.e � to wit,
WHISPERING RIDGE
R.T.DOG.NO.
Lot 0,Block 1,"Eden Heigh,a.Hm Cm..Minntam.
Ana•, M.A,man � .Aim, , ,man,,,r..nwn.mnr,E.rnhn a n3dpmp.yte, md.gtatan,Mm�marremy xmncm.n,m,.
Nave caused the same tohe surveyed and plettede WHISPERINGRIDGEaddohere„rdonateto De mDlieDe road nauedrainage and Wilily eaemmm as shown on Illisplat.
1n witness whereof samy<emtrDevelo,men,nraici.mC,ne,.Ine..aMinne,n°colyontion hascamea ihece presenm,nnes dbn„men officer Dis_day of I I E D E
Prem�wo. p ,nr,n.incncma I R I H E H"STATE OF MINNESOTA
I ESTATES
N89°20'36 E 367.10 ESTATES
-`
COUNTY oPHx4rvHFw ss i° w.w _ ——�,as.0 °\�\
,,. a .n,w„antnmw,dedh�rem.da,_aaynr .zm,r ,nan, P��am,.Prem�wDawwmm�nr,n.iw�L,n..�....Mom.somam..m.na.�rnra,.e«emaam.. Tor— —— — r— —Ira \
c�
Mye.mm,aa,mH.puea. 'Mm'n" \\ \ //// a
In witness whereof sem Stephen M..A;m and AP,dM.A,m.,o,m,en.mx have„ereww:utheir hands _dny of .saw. NORTH \\`'3y� 5 // Yn4 8
4/ s \�P / / 6 /v
Stephen M.Am, AmO hi.Ann 40 20 0 20 40 80 A.
STATE OF
COUNTY MINNESOTANIENNEEN SCALE INFEET + \ \ D�46:0-31'� /
The foregoing instrument was aomm a ore me v zao'+,MS,ef..am ApaAw.j ,vmre \ °,
Notary nnmm rDL— J 6g// W. .r'.-.�E 11=a16=I . W
r Commission "his / t-
W E
wymtna„have and plan the property des...m,hiss plat asWHISPERING MD,.M,is omee,.epresemenonmine steer:w,all distances are comedy mate C: sm•4'DrE'DEn G .� r _`C plat r——— ——I ^;gD�"w R I ,—
in H H ahnwn,mwd,ap as repaired nrte en minis wit;that eon, ins �nr designated on p. dmmm are no a minmiaMB,ehzE�..,mp heh�.ratn designated
D --_ D
on the plat CD I �10, g�,$R \�. /s�YfT;J ._ �F Lel
1 Jq" _"0 c ¢ W
\ I % w a C,J 7 •S z
s nth i a \\i Ai `J. m8n,��'�,\a� als I
Minnesota�eemervn.4aBu STATE OF MINNESOTAx T"' i/ O 8 8�ote-,kl« `fail, /../ 1 I 'el
aG_
COUNTY OF HENNEPIN o Y I s g,�SAY° of y N F-
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EDEN PRAIRIE..hm.NPsorA C1 a F '...�/^i P b n-irm'a• I ,n$w
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S 8L
TAXPAYER _' IsEHVICESDUARTMErvr I °$ E1 L` Ne94aw•Etisgs J° ]
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,n r=°ayma,m..apar.m.m_.nap r n...n p rmi,da.aemdncumpim.D.,mm�a r 2ar. u ��a•anD•w lsseh Q ————1—�1 (u
am � 8 b DIr /
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By: Dewy .AN rD i q M 9 / Ci. 1
SURVEY DIVISION
16,
HENNE
IN
STA
H P,o coraum Statutess00Section,H,xsns OPdPktmaptathas been span eaaa arnr zdw. $ \ ' 1 •v '$ 'v \ ie01000 III r 8
�e
\� \ 'it,. g\.m;�,mD.2z,.,. / 16,
William P.aeown,xennep Cnwygm.av DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: / \\ yew — s P'ly' �O¢• o J�DD �� >:"
,\ \\ ,� -.•ssrD•;L;LC. . ' g�.•> . 1 0 / I
r I I ss \II w �mD^snrw oo 1 s4.e44f4• . , i /Dze •'—_
HENNEn0c000M.w0NESo0A J L
,„megy ee,Hy m that w,nplat ofwxrs ,m w WHISPERING RIDGE was filed in o,E« s day of S89°22'14"W 367.10 —
II
„nen..,x.cwmH. e..mm�rim� F" — F H 1 r L. T 0 P ROAD 8
II
By: ixp°n e I I e
NOT TO SCALE 1 T E D E ?. H E I S H T.s
Being e feet inw;d,n and adjoining ionmes,unless otherwise
I
indiated,and I0 feet in width and adjoining right of way la,
unless otherwise indicated,as Mem on Me Oar
SATHRE-BERGQUIST,INC. Denotes „14;n m The ,m healing system O gmmid and marked by License No.p40344,n ���
sypew • Denotes Found Lon Monument
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VIII.F.
Public Works/Engineering Professional Services Agreement with SEH,
Rodney Rue Inc. for Construction Phase Services for
Reconstruction of Valley View Rd., from
Flying Cloud Dr. to Golden Triangle Dr.
Requested Action
Move to: Approve Professional Services Agreement with SEH, Inc. for construction phase
services for the reconstruction of Valley View Rd., from Flying Cloud Dr. to
Golden Triangle Dr.
Synopsis
This Professional Services Agreement will provide construction phase services (staking,
inspection, and contract administration) for the reconstruction of this roadway. It is anticipated
that this project will be constructed in 2007. The estimated cost for these construction phase
services is $147,376. The project will be financed primarily with State Aid funds. Utility (water
and storm sewer) funds will also be used to finance this project.
Background Information
This project has been designed, plans and specifications have been approved, and the bids for
construction were received on April 5, 2007. The contract award is scheduled for this Council
meeting as well.
The existing roadway is a rural section with a structurally-deficient creek crossing that causes
frequent flooding of the roadway. The construction project will upgrade the roadway to an urban
two-lane section with a new creek crossing. The project will include a new trail section linking
two current trail ends, as well as provide a missing section of trunk watermain.
Attachments
• Professional Services Agreement
• Exhibit A- Proposal letter with task hour budget
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 17th day of April, 2007, 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 providing
Construction Phase Services for the Reconstruction of Valley View 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 March 16, 2007) 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 an hourly basis plus
expenses in an amount not-to-exceed$147,376.25 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.
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,
1
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. 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. 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 Carter
A. Schulze, 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 Carter A. Schulze, 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, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall become the property of the City upon termination of
2
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 April 16, 2007 through, June 30, 2008 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 subconsultants 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.
3
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
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.
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
4
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.
5
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
P:\AE\E\Edenp\030101\1 Genl\10\Standard Agt-E P Prof Services 03-15-07.0OC
6
CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION
2.5 City agrees to render reasonable assistance requested by
1.1 City will provide to Consultant all known information Consultant to enable performance of work without delay or
regarding existing and proposed conditions of the site or which interference,and upon request of Consultant,to provide a suitable
affects the work to be performed by Consultant. Such workplace.
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous 2.6 City will be responsible for locating and identifying all
laboratory analysis results,written reports,soil boring logs and subterranean structures and utilities. Consultant will take
applicable regulatory site response(Project Information). reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
1.2 City will transmit to Consultant any additions,updates,or representatives of Utility Companies.
revisions to the Project Information as it becomes available to
City,its subcontractors or consultants. SECTION 3: SAMPLES
1.3 City will provide an on-site representative to Consultant Not Applicable
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Information as requested by SECTION 4: FEE PAYMENT/CLAIMS
Consultant.
4.1 Consultant will submit invoices to City monthly, and a final
1.4 Consultant will not be liable for any decision,conclusion, invoice upon completion of work. Invoices will show charges
recommendations, judgement or advice based on any based on the current Consultant Fee Schedule or other documents
inaccurate information furnished by City, or other as attached.
subcontractors or consultants engaged by City.
4.2 To receive any payment on this Contract, the invoice or bill
SECTION 2: SITE LOCATION,ACCESS,PERMITS, must include the following signed and dated statement: "I declare
APPROVALS AND UTILITIES under penalty of perjury that this account,claim,or demand is just
and correct and that no part of it has been paid."
2.1 City will indicate to Consultant the property lines of the site
and assume responsibility for accuracy of markers. 4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
2.2 City will provide for right-of-way for Consultant personnel that is alleged to be incorrect within ten(10)days from the invoice
and equipment necessary to perform the work. date. Consultant will review the alleged incorrect item within ten
(10) days and either submits a corrected invoice or a statement
2.3 City will be solely responsible for applying for and indicating the original amount is correct.
obtaining permits and approvals necessary for Consultant to
perform the work. Consultant will assist City in applying for 4.4 Payment is due upon receipt of invoice(or corrected invoice)
and obtaining such permits and approvals as needed. It is and is past due sixty(60) days from invoice date. On past due
understood that City authorizes Consultant to act as agent for accounts,City will pay a finance charge of 1.5%per month on the
City for City's responsibilities under this section including unpaid balance, or the maximum allowed by law, whichever is
signing certain forms on City's behalf such as Right-of-Way less,until invoice is fully paid.
forms.
4.5 If City fails to pay Consultant within sixty(60)days following
2.4 While Consultant will take reasonable precautions to invoice date, Consultant may deem the default a breach of its
minimize any damage to property,it is understood by City that agreement,terminate the agreement,and be relieved of any and all
in the normal course of the work some damage may occur. The duties under the agreement. City however,will not be relieved of
correction of any damage is the responsibility of City or, at Fee Payment responsibilities by the default or termination of the
City's direction, the damage may be corrected by Consultant agreement.
and billed to City at cost plus 15%. Notwithstanding the
above,Consultant agrees to be responsible for damage caused 4.6 City will be solely responsible for applying for and obtaining
by Consultant's negligence. any applicable compensation fund reimbursements from various
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 1 of 4
state and federal programs. Consultant may assist City in delinquent amount City owes under this agreement.
applying for or meeting notification requirements, however.
Consultant makes no representations or guarantees as to what 6.3 If City institutes a suit against Consultant,which is dismissed,
fund reimbursement City may receive. Consultant shall not be dropped,or for which judgement is rendered for Consultant,City
liable for any reductions from reimbursement programs made will pay Consultant for all costs of defense, including attorney
for any reason by state or federal agencies, except as may be fees,expert witness fees and court costs.
caused by Consultant's negligence.
6.4 If Consultant institutes a suit against City,which is dismissed,
4.7 City may withhold from any final payment due the dropped,or for which judgement is rendered for City,Consultant
Consultant such amounts as are incurred or expended by the will pay City for all costs of defense, including attorney fees,
City on account of the termination of the Contract. expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution
5.1 Consultant will deliver to City certain reports as 6.5.1 Mediation
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for All claims, disputes and other matters in question (hereinafter
City, and Consultant will not be liable for any interpretations "claim")between the parties to this Agreement,arising out of or
made by others. relating to this Agreement or the breach thereof,shall be subject to
mediation. If the parties have not resolved the dispute within
5.2 City agrees that all reports and other work furnished to thirty(30)days of receipt of a written complaint,each party may
City,or City's agents or representatives,which are not paid for, require the dispute be submitted for mediation. If the parties are
will be returned to Consultant upon demand and will not be unable to agree on a mediator within ten (10) days following a
used by City for any purpose. request for mediation,either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
5.3 Unless otherwise agreed,Consultant will retain all pertinent to share equally all fees incurred in the mediation.
records or reports concerning work and services performed for
a period of at least two (2) years after report is submitted. The parties shall submit to mediation for a minimum of eight(8)
During that time the records will be made available to City hours. The parties agree that the mediation proceedings are
during Consultant's normal business hours. City may obtain private and confidential. If,at the end of eight hours of mediation,
reproducible copies of all software,manuals,maps,drawings, the parties have not resolved the dispute,the parties may agree to
logs and reports at cost,plus 15%, for data and materials not extend hours of mediation.
being provided as part of the scope of work for the project.
6.5.2 Arbitration
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the
City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this
excerpts of a report constituting less than the entire report,or to Agreement or the breach thereof, whereby the party or parties
mislead others by omitting certain aspects contained in the asserting the same claims entitlement to damages or payment of
report. less than$25,000.00 in aggregate may be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the
5.5 Consultant will consider Project Information as confidential American Arbitration Association then existing unless the parties
and will not disclose to third parties information that it mutually agree otherwise. In the event any person shall
acquires,uncovers,or generates in the course of performing the commence an action in any court for any claim arising out of or
work, except as and to the extent Consultant may, in its sole relating to this Agreement or the breach thereof or the Project or
discretion,deem itself required by law to disclose. construction thereof or any contract for such construction, the
party making a claim in arbitration may dismiss such proceedings
SECTION 6: DISPUTES/LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to
REMEDIES assert its claim in such action if such party could have done so but
for the provisions of this Paragraph.
6.1 In the event of a breach of Contract by City,the Consultant
shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA,
consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered
by the arbitrator(s)may be entered in any court having jurisdiction
6.2 City will pay all reasonable litigation or collection expenses thereof.
including attorney fees that Consultant incurs in collecting any
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 2 of 4
In the event that arbitration services are not available from maintain during the performance of this agreement Worker's
AAA, either party may request that an arbitrator be appointed Compensation Insurance coverage required pursuant to Minn.
by the Fourth Judicial District Court. Stat. 176.181,subd.2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
6.5.3 Compliance insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is current
The parties deem the dispute resolution procedure as set forth and in force and effect.
herein to be an integral and essential part of this Agreement. A
party's failure to comply in all respects with this procedure 9.2 Consultant shall procure and maintain professional liability
shall be a substantial breach of this Agreement. The insurance for protection from claims arising out of professional
arbitrator(s)shall be authorized to assess costs and attorney's services caused by any negligent act,error or omission for which
fees against a party that has failed to comply with the procedure Consultant is legally liable.
in all respects,and,may as a condition precedent to arbitration,
require the parties to mediate in accordance with Section 6.5.1 9.3 Certificate of insurance will be provided to City upon request.
hereof.
SECTION 10: TERMINATION
SECTION 7: STANDARD OF CARE
10.1 The agreement between Consultant and City may be
7.1 Consultant's opinions,conclusions,recommendations,and terminated by either party upon thirty-(30)days written notice.
report, if any, will be prepared in accordance with the City's
Request for Proposal and Consultant's proposal and no 10.2 If the agreement is terminated prior to completion of the
warranties,representations,guarantees,or certifications will be project, Consultant will receive an equitable adjustment of
made. Except that Consultant warrants that hardware and compensation.
software will perform as represented in their proposal and other
parts of this agreement. SECTION 11: ASSIGNMENT
7.2 Although data obtained from discrete sample locations will 11.1 Neither party may assign duties, rights or interests in the
be.used to infer conditions between sample locations no performance of the work without obtaining the prior written
guarantee may be given that the inferred conditions exist consent of the other party,which consent will not be unreasonably
because soil, surface and groundwater quality conditions withheld.
between sample locations may vary significantly,and because
conditions at the time of sample collection may also vary SECTION 12: DELAYS
significantly with respect to soil, surface water and
groundwater quality at any other given time and for other 12.1 If Consultant is delayed in performance due to any cause
reasons beyond Consultant's control. beyond its reasonable control,including but not limited to strikes,
riots, fires, acts of God, governmental actions, actions of a third
7.3 Consultant will not be responsible or liable for the party, or actions or inactions of City, the time for performance
interpretation of its data or report by others. shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional
SECTION 8: GENERAL INDEMNIFICATION charges,if any,due to the delay.
8.1 Consultant will indemnify and hold City harmless from and SECTION 13: EXTRA WORK
against demands, damages, and expenses caused by
Consultant's negligent acts and omissions, and breach of 13.1 Extra work,additional compensation for same,and extension
contract and those negligent acts, omissions, and breaches of of time for completion shall be covered by written amendment to
persons for whom Consultant is legally responsible. City will this agreement prior to proceeding with any extra work or related
indemnify and hold Consultant harmless from and against expenditures.
demands, damages, and expenses caused by City's negligent
acts and omissions, and breach of contract and those acts, SECTION 14: WITHHOLDING TAXES
omissions, and breaches of persons for whom City is legally
responsible. 14.1 No final payment shall be made to the Consultant until the
Consultant has provided satisfactory evidence to the City that the
SECTION 9: INSURANCE/WORKER'S Consultant and each of its subcontracts has complied with the
COMPENSATION provisions of Minn.Stat.290.92 relating to withholding of income
taxes upon wages. A certificate by the Commissioner of Revenue
9.1 Consultant represents and warrants that it has and will shall satisfy this requirement.
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 3 of 4
matter. There are no representations,agreements,arrangements or
SECTION 15: AUDITS understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not fully
15.1 The books,records,documents and accounting procedures expressed herein.
and practices of the Consultant or other parties relevant to this
Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be
the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and
(6)years after the effective date of this Contract. Consultant.
SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of
Minnesota.
16.1 The Consultant shall pay to any Subcontractor within ten
(10)days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%)per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of$100.00 or more is$10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
SECTION 17: DATA PRACTICES ACT COMPLIANCE
17.1 The Consultant shall at all times abide by Minn. Stat.
13.01 et seq.,the Minnesota Government Data Practices Act,to
the extent the Act is applicable to data and documents in the
possession of the Consultant.
SECTION 18: DISCRIMINATION
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race,color,creed,
religion,national origin,sex,marital status,status with regards
to public assistance, disability, sexual orientation, or age
against any employee of the Consultant, any subcontractor of
the Consultant, or any applicant for employment. The
Consultant shall include a similar provision in all contracts with
subcontractors to this Contract. The Consultant further agrees
to comply will all aspects of the Minnesota Human Rights Act,
Minn. Stat.363.01,et seq.,Title VI of the Civil Rights Act of
1964,and the Americans with Disabilities Act of 1990.
SECTION 19: 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.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or
oral agreements between them respecting the written subject
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 4 of 4
SEH
EXHIBIT A
March 16, 2007 RE: City of Eden Prairie
March 28,2007(Revised) Reconstruction of Valley View Road
Construction Phase Services
SEH No. A-EDENP0301.01 10.00
Rod Rue, P.E.
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344-4485
Dear Rod:
We respectfully submit for your consideration our proposal for construction phase services for the
referenced project.For your convenience we subdivide this proposal into sections titled Understanding of
Work,Assumptions, Scopeof Work,and Proposed Fee.
Understanding of Work
1) Stake,inspect,and administer the improvements shown in the construction documents for the
referenced project.
Assumptions
1) City staff will secure all rights of entry and temporary and permanent easements for the referenced
project.
Scope of Work
The following items are included in our scope of work.
1) This proposal includes time to stake,inspect,and administer the improvements as they are shown in
the construction documents for the referenced project.
Proposed Fee
We enclose with this letter proposal a Task Hour Budget(THB).Please notice that the THB is subdivided
into construction periods based on the contractor's schedule. The THB reports that our not-to-exceed fee
is$147,376.25. This fee includes both labor and reimbursable expenses.
Billing for our services will be on an hourly basis.We will only proceed with additional work following
your authorization.
The Standard Agreement for Professional Services,City of Eden Prairie General Conditions Consultant
Agreement,Exhibit A,and the THB,represents the entire understanding between the City of Eden Prairie
and the SEH in respect to the project and may only be modified in writing if signed by both parties. If
Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301
SEH is an equal opportunity employer ( www.sehinc.com 952.912.2600 I 800.734.6757 I 952.912.2601 fax
Rod Rue,P.E.
March 16, 2007
March 28, 2007 (Revised)
Page 2
this letter satisfactorily sets forth the City's understanding of this project,please sign and date both letters
and return one to me at the address shown on this letterhead.
We look forward to providing the City with construction phase services for this project. If you have any
questions,please contact me at 952.912.2611 or ppasko@sehinc.com.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
/ i � /�,✓
Paul J. Pa o III, P.E.
Project Manager
Accepted this day of , 2007
By the City of Eden Prairie
Phil Young,Mayor Scott Neal, City Manager
cas
Enclosure
c: Al Horge, SEH
p:\ae\e\edenp\030101\lgenl\10\cps proposal 031207.doc
TASK HOUR BUDGET
S EH CITY OF EDEN PRAIRIE
RECONSTRUCTION OF VALLEY VIEW ROAD
CONSTRUCTION PHASE SERVICES
March 16,2007
ESTIMATED HOURS
ESTIMATED COST
SERVICE
SURVEY
PROJECT PROJECT PROJECT SURVEY SURVEY CREW INSTRUMENT ADMIN TECI[
PROJECTFRVE
TASKS MANAGER MANAGER ENGINEER ENGINEER COORDINATOR CHIEF OPERATOR
10.ProjtctA, mluistratiau .
11' .<L. ConstructionAdmmstration
1.1.1 Preconstruction-April 16 to May 31,2007(7 weeks) 8 16
Summer Construction Period-June Ito September
1.1.2 30,2007(17 weeks) 5 10 10 10
1.1.3 Clean Up Period-October 1-31,2007(5 weeks) 2 8
Final Completion Period-June Ito June 30,2008(4
1.1.4 weeks) 1 2 16
1.1.5 As-builts 2 8 8
• Subtotal Hours. • 5 21 38 8 • 8 26
Subtotal Labor Cost $878 $2,971 $3945 . $815 $653 $2,210 $11,472
].Z Construction Observation(RPR)'r
1.2.1 Preconstruction-April 16 to May 31,2007(7 weeks) 60
Summer Construction Period-June 1 to September
1.2.2 30,2007(17 weeks)(2> 780
1.2.3 Clean Up Period-October 1-31,2007(5 weeks)(I) 100
Final Completion Period(Field)-June 1 to June 30,
1.2.4 2008(4 weeks) 50
Subtotal Hours 990
SubtotalLabor Cost • $100,859• $100,859
13; Construction Staking
1.3.1 Preconstruction-May Ito May 31,2007(5 weeks) 8
Summer Construction Period-June 1 to September
1.3.2 30,2007(17 weeks) 16 170 154
1.3.3 Clean Up Period-October 1-31,2007(5 weeks) 8
Final Completion Period(Field)-June Ito June 30,
1.3.4 2008(4 weeks)
,Subtotal H2trcs 16- 186 154
Subtotal Labor Cost: $1,812 $15,177 $11,567 $28,556
SltbtotalSurumary 5- •21 38 998 16 194 154'r •'26 •
r
Subtotal Summary '$878 $2,971 $3,945 $101,674., `$1,812 $15,830 $11,567 • $2,210 $140,886
PROJECT COST SUMMARY
1.0 Project Administration
Subtotal Hours 5 21 38 998 16 194 154 26 1,452
Subtotal Labor Cost $877.64 $2,970.66 $3,945.31 $101,673.55, $1,811.73 $15,830.24 $11,566.97 $2,210.15 $140,886.25
Subtotal Expenses $6,490.00
Subtotal $147,376.25
•
TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $147,376.25
P:\AME Edens\030f01\IONSHO cPS THB 312O7.dslHoo,.Cost,
NOTES
I Implement part time construction observation up to 20 hours per week
2 Includes full time construction observation up to 45 hours per week
Page 1 of 1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VIII.G.
Public Works/Engineering Professional Services Agreement with Braun
Rodney Rue Intertec Corp., Inc. for Construction Material
Testing Services for Reconstruction of Valley
View Rd., from Flying Cloud Dr. to Golden
Triangle Dr.
Requested Action
Move to: Approve Professional Services Agreement with Braun Intertec Corporation for
construction material testing services for the reconstruction of Valley View Rd.,
from Flying Cloud Dr. to Golden Triangle Dr.
Synopsis
This Professional Services Agreement will provide construction material testing services for the
reconstruction of this roadway. It is anticipated that this project will be constructed in 2007.
The estimated cost for these construction testing services is $11,515. The project will be
financed primarily with State Aid funds. Utility (water and storm sewer) funds will also be used
to finance this project.
Background Information
This project has been designed, plans and specifications have been approved, and the bids for
construction were received on April 5, 2007. The contract award is scheduled for this Council
meeting as well.
The existing roadway is a rural section with a structurally-deficient creek crossing that causes
frequent flooding of the roadway. The construction project will upgrade the roadway to an urban
two-lane section with a new creek crossing. The project will include a new trail section linking
two current trail ends, as well as provide a missing section of trunk watermain.
Attachments
• Professional Services Agreement
• Exhibit A- Proposal letter with cost estimate
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THis AGREEMENT is made on the 5th day of April, 2007, between the City of Eden Prairie,
Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344,
and Braun Intertec Corporation, a Minnesota corporation (hereinafter Consultant ) whose business
address is 11001 Hampshire Avenue South,Minneapolis, MN 55438.
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 soil boring and laboratory testing professional
services by Consultant for the reconstruction of Valley View Road near Flying Cloud Drive in the City of
Eden Prairie, as described in Braun Intertec Revised Proposal BL-07-01370, hereinafter referred to as the
"Work". The Contract Documents consist of: 1.) City of Eden Prairie General Conditions Consultant
Agreement and 2.) Braun Intertec Revised Proposal BL-07-01370 dated April 7, 2007 (Exhibit A).
The Contract Documents are hereby attached and incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the
Contract. Should there be any conflict or discrepancy between the terms and conditions of the
Agreement, the Eden Prairie General Conditions and the Braun Intertec Proposal, the Agreement shall
prevail over the General Conditions and the Proposal and the General Conditions shall prevail over the
Proposal.
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 an estimated fee of$11,515.00 for
the services as described in Paragraph 1 (and Exhibit A).
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:
1
1 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. 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 report for the Project.
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. 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 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 Josh Van Abel, PE and Matt
Ruble, PE, to serve on the Project.-Whey 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 Josh Van Abel, PE and Matt Ruble, PE, 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 May 1, 2007 through June 1, 2008. 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 the Consultant remedies such failure
as determined in the sole discretion of the City, the Agreement shall not be deemed terminated. 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
attomey's fees, incurred in bringing the action.___
3
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 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
4
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 an
insurance policy as follows:
1. $1,000,000 Each Occurrence
2. $2,000,000 General Aggregate
3. $1,000,000 Auto Liability
4. $2,000,000 Excess/Umbrella Liability
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.
A copy of the Consultant's Declaration of Insurance naming the City as an additional insured
must be provided to the City prior to commencing work.
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.
f 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 Contractor 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
Contractor, but any reuse of the Information by the City or-the-Contractor 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
5
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
BRAUN TERTEC RPORATION
U 5 By: vv
Its: /Acenc.o1rt n u`or EN VIA Ct/'
6
CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable
regarding existing and proposed conditions of the site or which workplace.
affects the work to be performed by Consultant. Such
information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all
surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take
laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean
applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or
representatives of Utility Companies.
1.2 City will transmit to Consultant any additions,updates,or
revisions to the Project Information as it becomes available to SECTION 3: SAMPLES
City, its subcontractors or consultants.
3.1 Consultant may retain at its facility selected soil, water, or
1.3 City will provide an on-site representative to Consultant material samples for a maximum of 30 days after completion of
within 24 hours upon request, to aid, define, supervise, or the work and submission of Consultant's report, which samples
coordinate work or Project Information as requested by shall remain the property of City. Unless otherwise directed by
Consultant. the City,Consultant may dispose of any samples after 30 days.
1.4 Consultant will not be liable for any decision,conclusion, 3.2 Disposal of contaminated or hazardous waste samples is the
recommendations, judgement or advice based on any responsibility of City. After said 30 days,City will be responsible
inaccurate information furnished by City, or other to select and arrange for lawful disposal procedures that include
subcontractors or consultants engaged by City. removal of samples from Consultant's custody and transporting
them to a disposal site. City may request, or if City does not
SECTION 2: SITE LOCATION,ACCESS,PERMITS, arrange for disposal, Consultant may deliver samples to City,
APPROVALS AND UTILITIES freight collect,or arrange for lawful disposal and bill City at cost
plus 15%.
2.1 City will indicate to Consultant the property lines of the site
and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS
2.2 City will provide for right-of-way for Consultant personnel 4.1 Consultant will submit invoices to City monthly, and a final
and equipment necessary to perform the work. invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
2.3 City will be solely responsible for applying for and as attached.
obtaining permits and approvals necessary for Consultant to
perform the work. Consultant will assist City in applying for 4.2 To receive any payment on this Contract,the invoice or bill
and obtaining such permits and approvals as needed. It is must include the following signed and dated statement: "I declare
understood that City authorizes Consultant to act as agent for under penalty of perjury that this account,claim,or demand is just
City for City's responsibilities under this section including and correct and that no part of it has been paid."
signing certain forms on City's behalf such as Right-of-Way
forms. 4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
2.4 While Consultant will take reasonable precautions to that is alleged to be incorrect within ten(10)days from the invoice
minimize any damage to property,it is understood by City that date. Consultant will review the alleged incorrect item within ten
in the normal course of the work some damage may occur. The (10) days and either submits a corrected invoice or a statement
correction of any damage is the responsibility of City or, at indicating the original amount is correct.
City's direction,the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the 4.4 Payment is due upon receipt of invoice(or corrected invoice)
above,Consultant agrees to be responsible for damage caused and is past due sixty(60) days from invoice date. On past due
by Consultant's negligence. accounts,City will pay a finance charge of 1.5%per month on the
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 1 of 4
unpaid balance,or the maximum allowed by law,whichever is acquires, uncovers, or generates in the course of performing the
less,until invoice is fully paid. work, except as and to the extent Consultant may, in its sole
discretion,deem itself required by law to disclose.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City 6.1 Neither party shall be entitled to recover punitive,special or
however,will not be relieved of Fee Payment responsibilities consequential damages or damages for loss of business.
by the default or termination of the agreement.
6.2 City will pay all reasonable litigation or collection expenses
4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any
obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement.
from various state and federal programs. Consultant may assist
City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed,
however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City
to what find reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney
not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs.
made for any reason by state or federal agencies,except as may
be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed,
dropped,or for which judgement is rendered for City,Consultant
4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees,
Consultant such amounts as are incurred or expended by the expert witness fees and court costs.
City on account of the termination of the Contract due to
breach of contract by the Consultant. 6.5 Dispute Resolution
SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation
5.1 Consultant will deliver to City certain reports as All claims, disputes and other matters in question (hereinafter
instruments of the professional work or services performed "claim")between the parties to this Agreement,arising out of or
pursuant to this Agreement. All reports are intended solely for relating to this Agreement or the breach thereof,shall be subject to
City, and Consultant will not be liable for any interpretations mediation. If the parties have not resolved the dispute within
made by others. thirty(30)days of receipt of a written complaint,each party may
require the dispute be submitted for mediation. If the parties are
5.2 City agrees that all reports and other work furnished to unable to agree on a mediator within ten (10) days following a
City,or City's agents or representatives,which are not paid for, request for mediation,either party may request that a mediator be
will be returned to Consultant upon demand and will not be appointed by the Fourth Judicial District Court. The parties agree
used by City for any purpose. to share equally all fees incurred in the mediation.
5.3 Unless otherwise agreed,Consultant will retain all pertinent The parties shall submit to mediation for a minimum of eight(8)
records or reports concerning work and services performed for hours. The parties agree that the mediation proceedings are
a period of at least two (2) years after report is submitted. private and confidential. If,at the end of eight hours of mediation,
During that time the records will be made available to City the parties have not resolved the dispute,the parties may agree to
during Consultant's normal business hours. City may obtain extend hours of mediation.
reproducible copies of all software,manuals,maps,drawings,
logs and reports at cost,plus 15%, for data and materials not 6.5.2 Arbitration
being provided as part of the scope of work for the project.
At the option of the party asserting the same,a claim between the
5.4 City may use the Consultant report in its entirety and may parties to this Agreement, arising out of or relating to this
make copies of the entire report available to others. However, Agreement or the breach thereof, whereby the party or parties
City shall not make disclosure to others of any portions or asserting the same claims entitlement to damages or payment of
excerpts of a report constituting less than the entire report,or to less than$25,000.00 in aggregate may be decided by arbitration in
mislead others-by omitting certain aspects contained in the accordance with the Construction Industry Arbitration Rules of the
report. American Arbitration Association then existing unless the parties
mutually agree otherwise. In the event any person shall
5.5 Consultant will consider Project Information as confidential commence an action in any court for any claim arising out of or
and will not disclose to third parties information that it relating to this Agreement or the breach thereof or the Project or
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 2 of 4
construction thereof or any contract for such construction,the
party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the
proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others.
and elect to assert its claim in such action if such party could
have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION
The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and
AAA, including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's
rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those
having jurisdiction thereof negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and
AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and
by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
6.5.3 Compliance
SECTION 9: INSURANCE/WORKER'S
The parties deem the dispute resolution procedure as set forth COMPENSATION
herein to be an integral and essential part of this Agreement. A
parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will
shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's
arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn.
fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the
in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self
require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage
hereof. provided to the City prior to execution of this agreement is current
and in force and effect.
SECTION 7: STANDARD OF CARE
9.2 Consultant shall procure and maintain professional liability
7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional
or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which
throughout the "entire" site or facility, Consultant cannot Consultant is legally liable.
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request.
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION
delivery of any warranties, representations, guarantees, or
certifications. 10.1 The agreement between Consultant and City may be
terminated by either party upon thirty-(30)days written notice.
7.2 Consultant's opinions,conclusions,recommendations,and
report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the
of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of
warranties,representations,guarantees,or certifications will be compensation.
made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
7.3 Although data obtained from discrete sample locations will
be used to infer conditions between sample locations no
guarantee may be given that the inferred conditions exist
because soil, surface and groundwater quality conditions
between sample locations-may vary significantly,and because
conditions at the time of sample collection may also vary
significantly with respect to soil, surface water and
groundwater quality at any other given time and for other
reasons beyond Consultant's control.
City of Eden Prairie General Conditions Consultant Agreement
December 2000
Page 3 of 4
SECTION 11: ASSIGNMENT
11.1 Neither party may assign duties,rights or interests in the SECTION 17: DATA PRACTICES ACT COMPLIANCE
performance of the work without obtaining the prior written
consent of the other party, which consent will not be 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01
unreasonably withheld. et seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
SECTION 12: DELAYS possession of the Consultant.
12.1 If Consultant is delayed in performance due to any cause SECTION 18: DISCRIMINATION
beyond its reasonable control, including but not limited to
strikes,riots,fires,acts of God,governmental actions,actions 18.1 In performance of this contract, the Consultant shall not
of a third party, or actions or inactions of City, the time for discriminate on the grounds of or because of race, color, creed,
performance shall be extended by a period of time lost by religion,national origin,sex,marital status,status with regards to
reason of the delay. Consultant will be entitled to payment for public assistance,disability,sexual orientation,or age against any
its reasonable additional charges, if any,due to the delay. employee of the Consultant,any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
SECTION 13: EXTRA WORK similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
13.1 Extra work, additional compensation for same, and of the Minnesota Human Rights Act,Minn. Stat.363.01,et seq.,
extension of time for completion shall be covered by written Title VI of the Civil Rights Act of 1964,and the Americans with
amendment to this agreement prior to proceeding with any Disabilities Act of 1990.
extra work or related expenditures.
SECTION 19: CONFLICTS
SECTION 14: WITHHOLDING TAXES
19.1 No salaried officer or employee of the City and no member
14.1 No final payment shall be made to the Consultant until the of the Board of the City shall have a financial interest, direct or
Consultant has provided satisfactory evidence to the City that indirect, in this contract. The violation of this provision renders
the Consultant and each of its subcontracts has complied with the Contract void. Any federal regulations and applicable state
the provisions of Minn.Stat.290.92 relating to withholding of statutes shall not be violated.
income taxes upon wages. A certificate by the Commissioner
of Revenue shall satisfy this requirement. SECTION 20: ENTIRE AGREEMENT
SECTION 15: AUDITS 20.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
15.1 The books,records,documents and accounting procedures agreements between them respecting the written subject matter.
and practices of the Consultant or other parties relevant to this There are no representations, agreements, arrangements or
Agreement are subject to examination by the City and either understandings, oral or written between City and Consultant
the Legislative Auditor or the State Auditor for a period of six relating to the subject matter of this Agreement which are not fully
(6)years after the effective date of this Contract. expressed herein.
SECTION 16: PAYMENT TO SUBCONTRACTORS 20.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
16.1 The Consultant shall pay to any Subcontractor within ten Consultant.
(10)days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The 20.3 This agreement is governed by the laws of the State of
Consultant shall pay interest of one and a half percent Minnesota.
(1-1/2%)per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
j Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of$100.00 or more is$10.00.
For an unpaid balance of less—than$100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page of
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400
`�, l, , April 5, 2007 Cost Estimate BL-07-01370
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OA Mr.Rod Rue
� � 5Pj Engineering Division
CM City of Eden Prairie
a a 8080 Mitchell Road
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a` Eden Prairie,MN 55344
b y ` Re: Revised Cost Estimate for Construction Materials Testing
ItfiN
itoiq Reconstruction of Valley View Road S.A.P. 181-123-01)
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il Eden Prairie,Minnesota
,. %gm V;
1 w Dear Mr. Rue:
s
{,tagq We are pleased to submit this revised cost estimate to provide quality-assurance testing services for
0V reconstruction of Valley View Road.
a
f r`, Scope of Services
sfi s The proposed testing will be performed by engineering technicians, engineering assistants or engineers.
`' These services will be provided on an on-call basis as requested and scheduled by you or your field
QrC5.,�3
'a ,,��c� representatives.
14031 After reviewing the provided information we understand our scope of services will be limited to the
IRA , following. The cost for these services is estimated in the attached Cost Estimate Table.
Y,r°. 4
r` s . Performing observations of retaining wall excavation subgrade.
E ;a' . Performing sand cone densitytestingon utilitytrenches,road subgrade and retainingwall
< r g
4.2A backfill and DCP testing on aggregate base.
- ,- . Performing standard Proctor tests on backfill and fill materials.
11.ky •
: Performing gradation tests on aggregate base and select granular.
?i '44 e Performing on-site material testing of fluid concrete.
1, Performing laboratory compressive strength testing of concrete.
, 4r Performing bituminous quality assurance tests and coring observations.
4,FV1 • Picking up coupons or cores of the masonry block units of the retaining wall for submission to
OM
6 try, MnDOT or return to our laboratory for compressive strength testing.
%`,1k4 . Performing project management for the quality assurance and materials testing,as needed.
Soi
at • Submitting Grading and Base Reports,preparing Test Summary Worksheets and Materials
ann Certification Exception Summaries.
4 ra
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CieC
a Assumptions
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c This project was estimated on the following assumptions. If the contractor completes this project at
em
`,12N different rates than the following, at your request,we will adjust this estimate accordingly. We have
.11
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e Celebrating 50 years of growth through service and trust
a
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City of Eden Prairie
Cost Estimate BL-07-01370
April 5,2007
Page 2
used the available information combined with our understanding of the project and our experience to
•
arrive at the estimate presented in the attached Table 1.
• Compaction testing will be performed using the sand cone method,with approximately 2 tests to
be conducted each trip.
• The bituminous paving will be completed in 2 days.
• Three concrete placements will be required to complete the project.
• Proofrolls will be performed by SEH or the City of Eden Prairie.
• Inspection of box culvert installation and materials for conformance with project specifications
will be performed by SHE.
• Concrete and Bituminous Batch Plant Inspections will be performed by Mn/DOT.
Cost
Based on our understanding of the scope of the work,our understanding of Mn/DOT's responsibilities
and the contractor's schedule,the estimated cost of our services is $11,515.
Because our services are directly controlled by the schedule and performance of others,the actual cost
may vary from our estimate. Invoices for our services will be based on the actual number of hours spent
on the project and the units tested.
Additional Services
This cost estimate was developed with the understanding that the scope of services defined herein will be
required and requested during our normal work hours of 7:00 am to 4:00 pm,Monday through Friday.
Costs associated with services that we are asked to provide to meet the project requirements or the
contractors construction schedule outside our normal work day, or beyond a normal 8 hour day,will be
invoiced using an overtime rate factor. The factor for services provided outside our normal workday or
beyond 8 hours per day or on Saturday will be 1.25 times the normal hourly rate for the services
provided. The factor for services provided on Sundays or Legal holidays will be 1.5 times the normal
rate for the service provided.
It is difficult to project all of the services and the quantity of services that may be required for any
project. If services are required that are not discussed herein,we will provide them at the rates shown
in the attached Cost Estimate Table or,if not shown,at our typical rates minus a 10 percent discount.
General
We appreciate the opportunity to present this proposal. If acceptable after your review,please sign the
signature block below and return mail or fax the entire document to us as authorization to proceed and
for our records. We have provided a return envelope for your convenience. The Braun Intertec General
Conditions are part of this proposal.
City of Eden Prairie
Cost Estimate BL-07-01370
April 5,2007
Page 3
If there are questions regarding this correspondence,please call Shawn Hennen(Estimator) at
612.919.7605 or Josh Van Abel at 952.995.2310.
Sincerely,
BRAUN INTERTEC CORPORATION
Josh Van Abel,PE
Project Engineer
776/C.4.
Matthew P.Ruble,PE
Associate-Senior Engineer
Attachments:
Cost Estimate Table
General Conditions CMT& SI(6/15/06)
c: Mr. Carter Schulze; Short Elliott Hendrickson,Inc.
Authorization to Proceed:
Please proceed according to the described scope of services and General Conditions:
Authorizer's Firm
Authorizer's Signature
Authorizer's Name(please print or type)
Authorizer's Title
Date
Revised City of Eden Prairie Proposal
` COST ESTIMATE
I TE R I EC BL-07-01370 Reconstruction of Valley View Road
City of Eden Prairie Service Desc: Inspection and Construction Testing Services
• Rodney W Rue
8080 Mitchell Road
Eden Prairie, MN 55344-4485 Work Location: Eden Prarie
Eden Prarie, MN
Estimator: VanAbel,Josh J
Description: Quantity: Units: Unit Price: Extension:
Soil Observations &Testing
Project Engineer 5.00 Hours 110.00 550.00
Excavation Observations 7.50 Hours 86.00 645.00
Retaining Walls 3.00 Trips at 2.50 Hours per Trip
Compaction Testing 55.00 Hours 60.00 3,300.00
Utilities 5.00 Trips at 2.50 Hours per Trip
Wall Backfill 5.00 Trips at 2.50 Hours per Trip
Roadways 12.00 Trips at 2.50 Hours per Trip
Sample pick-up 6.00 Hours 60.00 360.00
4.00 Trips at 1.50 Hours per Trip
Moisture content(Astm D 2216) 6.00 Tests 13.00 78.00
Sieve analysis through No. 200 Sieve(ASTM C 136, D 7.00 Tests 93.00 651.00
1140 or C 117)
Nuclear moisture-density meter charge, per hour 5.00 Hours 13.00 65.00
Proctor test(ASTM D 698 or ASTM D 1557) 3.00 Tests 124.00 372.00
Trip charge 29.00 Trips 10.00 290.00
Phase Total: $6,311.00
Concrete Observations&Testing
Concrete Testing 9.00 Hours 60.00 540.00
Curb & Gutter 3.00 Trips at 3.00 Hours per Trip
Concrete Cylinder Pick up 3.00 Hours 60.00 180.00
2.00 Trips at 1.50 Hours per Trip
Compressive strength of 4 x 8"concrete cylinders (ASTM 9.00 Tests 20.00 180.00
C 39), per unit
Curb&Gutter 3.00 Sets of 3.00 Cylinders per S
Trip charge 5.00 Trips 10.00 50.00
Phase Total: $950.00
Masonry Observations&Testing
Masonry Sample Pick up 5.00 Hours 60.00 300.00
2.00 Trips at 2.50 Hours per Trip
Compressive strength of concrete cores including physical 6.00 Tests 75.00 450.00
measurements and trimming(ASTM C 42), each
2.00 Sets with 3.00 Samples per Set
Trip charge 2.00 Trips 10.00 20.00
Phase Total: $770.00
Pavement Observations&Testing
Bituminous Observations&Testing 10.00 Hours 72.00 720.00
2.00 Trips at 5.00 Hours per Trip
Rice specific gravity(ASTM D 2041) 2.00 Tests 60.00 120.00
Asphalt Content(ASTM D 2172/6307) 2.00 Tests 120.00 240.00
Extracted aggregate gradation(ASTM D 5444) 2.00 Tests 72.00 144.00
Page 1 of 2
BRAU
COST ESTIMATE
IN' I RT E C BL-07-01370 Reconstruction of Valley View Road
Pavement Observations&Testing
Thickness and density of pavement core(ASTM D 2726) 6.00 Tests 40.00 240.00
Gyratory gravity (AASHTO T312) 2.00 Tests 135.00 270.00
Percent Crush (MnDOT) 4.00 Tests 60.00 240.00
Trip charge 2.00 Trips 10.00 20.00
Phase Total: $1,994.00
Engineering &Project Management
Project Engineer 3.00 Hours 110.00 330.00
Project Manager 10.00 Hours 86.00 860.00
Project Assistant 5.00 Hours 60.00 300.00
Phase Total: $1,490.00
SUMMARY .
Soil Observations&Testing 6,311.00
Concrete Observations&Testing 950.00
Masonry Observations&Testing 770.00
Pavement Observations&Testing 1,994.00
Engineering&Project Management 1,490.00
Total: $11,515.00
Page 2 of 2
General Conditions BRAUN
Construction Material Testin. and S.ecial Ins.ections INTERTEC
•
•
•
Our agreement("Agreement")with you 1.5 We will provide a health and safety 2.5 The time our field personnel spend
consists of these General Conditions and the program for our employees,but we will not on the job site depends upon the scheduling of
accompanying written proposal or be responsible for contractor,job,or site the work we are observing or testing.You
authorization. health or safety unless we accept that duty in agree that any changes in scheduling may
writing. result in additional costs and agree to pay for
Section 1: Our Responsibilities those services at the rates listed in our cost
1.6 You will provide,at no cost to us, estimate.
1.1 We will provide the services appropriate site safety measures as to work
specifically described in our Agreement with areas to be observed or inspected by us.Our Section 3: Reports and Records
you.You agree that we are not responsible for employees are authorized by you to refuse to
services that are not fairly included in our work under conditions that may be unsafe. 3.1 We will furnish reports to you in
specific undertaking.Unless otherwise agreed duplicate.We will retain analytical data for
in writing,our findings,opinions,and 1.7 Estimates of our fees or other project seven years and financial data for three years.
recommendations will be provided to you in costs will be based on information available to
writing.You agree not to rely on oral us and on our experience and knowledge. Such 3.2 Our reports,notes,calculations,and
Endings,opinions,or recommendations estimates are an exercise of our professional other documents and our computer software
without our written approval. judgment and are not guaranteed or warranted. and data are instruments of our service to you,
Actual costs may vary.You should allow a and they remain our property but are subject
1.2 In performing our professional contingency in addition to estimated costs. to a license to you for your use in the related
• services,we will use that degree of care and project for the purposes disclosed to us.You
• skill ordinarily exercised under similar Section 2: Your Responsibilities may not transfer our reports to others or use
• circumstances by reputable members of our them for a purpose for which they were not
. profession practicing in the same locality.If 2.1 You will provide us with prior prepared without our written approval,which
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recommended procedures,you agree to hold plans,and information to which you have to indemnify and hold us harmless from
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expenses arising out of your direction. with all plans,changes in plans,and new including attorney fees,arising out of such a
information as to site conditions until we have transfer or use.At your request,we will
1.3 We will reference our field completed our work. provide endorsements of our reports or letters
observations and sampling to available of reliance,but only if the recipients agree to
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or check the accuracy of those points unless In the course of our work some site damage is you and only if we are paid the administrative
we accept that duty in writing.Locations of normal even when due care is exercised.We fee stated in our then current Schedule of
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that such dimensions,depths,or elevations are you agree that we will not be liable for
approximations unless specifically stated 2.3 If we notify you that radiographic damages resulting from change in an
otherwise in the report.You accept the or gamma ray equipment or other nuclear electronic document occurring after we
inherent risk that samples or observations may testing or measuring device will be used,you transmit it to you.In case of any difference or
not be representative of things not sampled or will be responsible for the cooperation of your ambiguity between an electronic and a paper
seen and,further,that site conditions may employees and your contractors in observing document,the paper document shall govern.
change over time. all radiation safety standards. ,
3.4 If you do not pay for our services in
1.4 Our duties do not include 2.4 You will notify us of any full as agreed,we may retain work not yet
i supervising your contractors or commenting knowledge or suspicion of the presence of delivered to you and you agree to retum to us
on,overseeing,or providing the means and hazardous or dangerous materials at the work all of our work that is in your possession or
methods of their work,unless we accept such site.If we observe or suspect the presence of under your control.You agree not to use or
i duties in writing.We will not be responsible contaminants not anticipated in our rely upon our work for any purpose
i for the failure of your contractors to perform Agreement,we may terminate our work whatsoever until it is paid for in full.
in accordance with their undertakings,and the without liability to you or to others,and we
providing of our services will not relieve will be paid for the services we have
others of their responsibilities to you or to provided.
others.
Page 1 of 2
° Providing engineering and environmental solutions since 1957
Section 4: Compensation Section 5: Disputes,Damage,and Section 6: General Indemnification
Risk Allocation
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Schedule of Charges if there is no other efforts to resolve disputes without litigation. and expenses to the comparative extent they
written agreement as to price.An estimated Such efforts will include,but not be limited are caused by our negligent acts or omissions
cost is not a finn figure.You agree to pay all to,a meeting(s)attended by each party's or those negligent acts or omissions of
sales taxes and other taxes based on your representative(s)empowered to resolve the persons for whom we are legally responsible.
• payment of our compensation.Our dispute.Before either of us commences an You will indemnify and hold us harmless
performance is subject to credit approval and action against the other,disputes(except from and against demands,damages,and
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caused by your negligent acts or omissions or
4.2 You will notify us of billing 5.2 Neither of us will be liable for those negligent acts or omissions of persons
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undisputed portions of invoices on receipt. damages,including but not limited to those
You agree to pay interest on unpaid balances arising from delay,loss of use,loss of profits 6.2 To the extent it may be necessary to
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you. act,or omission within 30 days of the date of insurance to you upon request.Any claim as
discovery and unless you have given us an an Additional Insured shall be limited to
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accordance with our fee schedule if we are ways of mitigating damages.
asked or required to respond to legal process 7.2 This Agreement is our entire
, arising out of a proceeding related to the 5.4 For you to obtain the benefit of a agreement.It supersedes prior agreements.It
project and as to which we are not a party. fee which includes a reasonable allowance for may be modified only in a writing making
risks,you agree that our aggregate liability specific reference to the provision modified.
i 4.5 If we are delayed by factors beyond will not exceed the fee paid for our services or
our control,or if project conditions or the $50,000,whichever is greater,and you agree 7.3 Neither of us will assign or transfer
scope or amount of work change,or if to indemnify us from all liability to others in any interest,any claim,any cause of action,
changed labor union conditions result in excess of that amount.If you are unwilling to or any right against the other.Neither of us
increased costs,decreased efficiency,or accept this allocation of risk,we will increase will assign or otherwise transfer or encumber
delays,or if the standards or methods change, our aggregate liability to$100,000 provided any proceeds or expected proceeds or
we will give you timely notice and we will that,within 10 days of the date of our compensation from the projector project
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equitable adjustment of our compensation in
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otherwise due us. servicing office is located will govem all
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make a claim against individual employees.
Page 2 of 2
GC-CMT
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.0 02-5586 ITEM NO.: VIII.H.
Rodney Rue Award Contract for the Reconstruction
Public Works/Engineering of Valley View Road from Flying Cloud
Drive to Golden Triangle Drive
Requested Action
Move to: Adopt Resolution awarding Contract for the reconstruction of Valley View Road
from Flying Cloud Drive to Golden Triangle Drive to Minger Construction, Inc.,
in the amount of$1,115,408.20.
Synopsis
Bids for this project were received on April 5, 2007. Five bids were received and are tabulated
on the attached Summary of Bids. The lowest responsible bid was received from Minger
Construction, Inc., in the amount of$1,115,408.20,which is 26%below the Engineer's Estimate
of$1,506,102.56. This project will be financed primarily with State Aid funds. Utility (water
and storm water) funds will also be used to finance the project.
Background Information
The existing roadway is a rural section with a structurally-deficient creek crossing that causes
frequent flooding of the roadway. The construction project will upgrade the roadway to an urban
two-lane section with a new creek crossing. The project will include a new trail section linking
two current trail ends, as well as provide a missing section of trunk watermain.
Attachments
• Resolution
• Summary of Bids
• SEH, Inc. Recommendation letter
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2007-
RESOLUTION ACCEPTING BID FOR VALLEY VIEW ROAD IMPROVEMENTS
(Flying Cloud Drive to Golden Triangle Drive)
I.C.#02-5586
WHEREAS,pursuant to an advertisement for bids for the following improvement:
I.C. 02-5586: Valley View Road Improvements
(From Flying Cloud Drive to Golden Triangle Drive)
Five 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:
Minger Construction, Inc.
as the lowest responsible bidder.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Minger Construction, Inc. in the name of the City of Eden Prairie in the amount of
$1,115,408.20, 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 April 17, 2007.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
BID SUMMARY
for
VALLEY VIEW ROAD IMPROVEMENTS
(from Flying Cloud Drive to Golden Triangle Drive)
I.C.No.02-5586
10:00 a.m.,Thursday,April 5, 2007
FIRM NAME TOTAL CONTRACT AMOUNT
Minger Construction, Inc. $1,115,408.20
S.M. Hentges& Sons,Inc. $1,143,017.56
Max Steininger, Inc. $1,235,101.00
Northwest Asphalt,Inc. $1,247,336.14
Valley Paving, Inc. $1,316,270.40
Engineer's Estimate $1,506,102.56
G:Engineering/IC#s/02-5586/"Minger BID summary"
April 9, 2007 RE: Eden Prairie,Minnesota
Reconstruction of Valley View Road
IC No. 02-5586
S.A.P.No. 181-123-01
SEH No.A-EDENP0301.01
Rod Rue
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie,MN 55344
Dear Mt Rue:
On April 5, 2007, at 10:00 a.m. 5 bid proposals were received for the above-referenced project. The bids
ranged from a high of $1,316,270.40 to a low of$1,115,408.20. The low bid was submitted by Minger
Construction Inc.
We have investigated the qualifications of Minger Construction Inc. and find that they(1) have a sufficient
understanding of the project and equipment to perform the construction for which it bid; and(2)according to
their bonding agent they presently have the financial ability to complete the project bid. SEII makes no
representation or warranty as to the actual financial viability of the contractor or its ability to complete its
work.
Accordingly we recommend the project be awarded to Minger Construction Inc. in the amount of
$1,115,408.20.
Sincerely,
fere4i4Z16,2ir
Paul I Pasko III,PE
Project Manager
cas
p;\ae\e\edenp\030101\6bideaccmmnendation of award.doc
Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka,MN 55343-9301
SEH is an equal opportunity employer 1 www.sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Community Development/Planning Staring Preserve
Janet Jeremiah
Regina Herron
Requested Action
Move to:
• Approve the Amendment to Development Agreement for Staring Preserve
Synopsis
The Staring Preserve project was approved for a two lot subdivision at the February 20, 2007
City Council meeting. A Development Agreement was signed and recorded on the property.
The Developer, Aileron Land Development, LLC did not purchase the property or proceed with
final plat. Jesse and Kathleen Schwartz request that all the approvals granted by the City for
Staring Preserve be terminated thus restoring the property to its status before the Development
Agreement and all approvals were granted by the City.
Attachments
• Amendment to Development Agreement
• Letter from property owner
AMENDMENT TO DEVELOPMENT AGREEMENT
STARING PRESERVE
THIS AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement")is entered
into as of April 17, 2007, by Jesse Lee and Kathleen Ruth Schwartz, husband and wife as joint
tenants, hereinafter referred to as "Owners," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, on or about August 17, 2006 the Owners entered into a Purchase Agreement
with Aileron Land Development,LLC(Aileron)for the sale of the Property by Owners to Aileron.
WHEREAS, on January 16, 2007 the City approved a Preliminary Plat of the Property.
WHEREAS,on February 20,2007,Aileron Land Development,LLC,a Minnesota limited
liability company (Aileron) and the City of Eden Prairie entered into that certain Development
Agreement Staring Preserve pertaining to the development of certain real property (the"Property")
described on Exhibit A hereto (hereinafter the "Development Agreement");
WHEREAS, the Owners caused to be served a Notice of Cancellation of Purchase
Agreement on Aileron on January 18, 2007.
WHEREAS, the affidavit of Attorney Thomas R. Kelley executed February 20, 2007 has
been submitted to the City which states: that 30 days elapsed from the service of the Notice on
Aileron; that the terms of the Notice have not been complied with; that the default set forth in the
Notice still continues;that Aileron has not obtained a court order suspending the cancellation; and
that the affidavit is made for the purpose of terminating the Purchase Agreement described in the
Notice.
WHEREAS, the Owners do not wish to develop the Property in accordance with the
Development Agreement and the Preliminary Plat. The Owners request that the City enter into this
Amendment to Development Agreement, terminating the Development Agreement in its entirety.
NOW,THEREFORE,the parties hereto agree that the Development Agreement is hereby
terminated in its entirety. Owners further hereby withdraw the preliminary plat of the Property.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
By By
Jesse Lee Schwartz Phil Young
Its Mayor
By By
Kathleen Ruth Schwartz Scott H. Neal,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of April,2007,by Phil
Young 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
,2007,by Jesse Lee Schwartz and Kathleen Ruth Schwartz,husband and wife
as joint tenants.
Notary Public
EXHIBIT A
DEVELOPMENT AGREEMENT-STARING PRESERVE
A tract of land in the Northwest '/4 of the Southeast % of Section 21, Township 116,North Range
22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows:
Commencing at the intersection of the North line of Ridge Road and the center line of Staring
Lane, as said roads are platted in Staring Lake First Addition; thence at a deflection angle to the
left from the center line of said Staring Lane of 21 degrees 16 minutes along the center line of a
Public Road a distance of 92.3 feet; thence at a deflection angle to the left of 9 degrees 16
minutes and along the center line of said Public road a distance of 79.95 feet to the actual point
of beginning of tract to be described; thence at right angles to the right a distance of 276.05 feet
to the East line of the West 1/2 of the Southeast %of said section; thence North along and East
line a distance of 268.5 feet; thence at a deflection angle to the left of 87 degrees 37 minutes 25
seconds a distance of 264.95 feet to the center line of said Public road; thence at right angles to
the left and along said center line a distance of 268.3 feet to the point of beginning, according to
the United States Government Survey thereof and situate in Hennepin County, Minnesota.
April 9, 2007
City of Eden Prairie
RE: Resolution No. 2007-19
Recorded Doc.No. 8941163
Staring Preserve
To Whom It May Concern:
As a party to the development agreement referred to above and the owners of said
property, and given the fact that Aileron Development, LLC defaulted on its' agreement
to purchase said property from us (statutory cancellation documents previously supplied
to planning dept.) we hereby ask the City Council to rescind said development agreement
and return property to its original state of one lot of approximately 1.6 acres.
We request the withdrawal of the preliminary plat.
We hereby request the City Council to consider and act on this matter at the next
scheduled council meeting, on April 17, 2007.
Thank you f. . ...•:e-ii Cori .I..-ration in this matter.
-rely, f ;
it pis
,I-. _ . Iwaitz
tIi. /: I .-ram2
hwartz
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 18, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5695 ITEM NO.: VIII.J.
Mary Krause Award Contract for 2007 Bituminous Crack
Public Works/Engineering Sealing
Requested Action
Move to: Award contract for 2007 Bituminous Crack-Sealing to American Pavement Solutions,
Inc., in the amount of$176,800.00.
Synopsis
Sealed bids were received Thursday, April 5, 2007 for the 2007 Bituminous Crack Sealing. Six
bids were received as follows:
American Pavement Solutions $176,800.
Precision Sealcoating, Inc. $178,600.
ASTECH Corporation $190,800.
Fahrner Asphalt Sealers, LLC $217,800.
Bergman Companies Inc. $224,000.
L & M Services $384,000.
Background Information
Street bituminous crack filling is an annual street maintenance project in preparation for the 2007
seal coat project. The quantities include some of the recently overlay areas as well as a portion
of the proposed 2008 sealcoat project area. This results in an over-run regarding the 2007 budget;
the funding for this project is through budget #1707-6339, with a budget of$128,000.00. The
remainder of the monies to fund the project will be through the Pavement Management Fund.
Staff recommends award to American Pavement Solutions, Inc.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K.
Leslie Stovring Amendment of Conservation
Public Works/Environmental Services Easement Over Lot 1 Block 3 of
Settler's West
Requested Action
Move to: Amend the Conservation Easement over Lot 1 Block 3 of Settlers West
Synopsis
A conservation easement was required for the Settlers West development for protection of the
wetland, wetland mitigation areas and wetland buffers. However, during the building permit
review one home was approved for construction with the corners of the house at the conservation
easement line. This amendment would give the resident 10 feet of space between the
conservation easement line and the house. Staff recommends approval of the amendment.
Background Information
Lennar Corporation is requesting to amend the recorded conservation easement. Following are
the primary reasons for the amendment.
1. City Code requires a 25 foot wetland buffer setback for lots adjacent to a wetland or
wetland mitigation site of moderate quality. More than 25 feet of wetland buffer was
provided for this lot due to the presence of a pipeline easement which would restrict
landscaping and usage of this area.
2. No setback was provided from the conservation easement line on this property. The
amendment would provide 10 feet between the conservation easement and the home and
patio to provide side access to the rear of the homesite.
3. The wetland buffer would be maintained at a minimum of 35 feet(with a minimum total
width of 70 feet), which meets City requirement for wetland buffer width.
4. The pipeline easement and drainage and utility easement would remain in this area,
providing protection from construction of any structures. The area will include maintained
as sod.
Staff recommends that the amendment of a portion conservation easement be approved as
proposed. The proposed change to the conservation easement does meet the Buffer Width
requirements of the City's wetland protection ordinance. Attached to this memorandum are
diagrams which outline the existing and proposed conservation easement lines.
Attachments
Letter dated March 22, 2007, from Lennar Corporation
Amended Conservation Easement
LENNAfl
Quality.Value.':Tulegrity.
March 22, 2007
Leslie A. Stovring
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Vacation Application for 9800 Trails End Road
Dear Ms. Stovring:
Thank you for your assistance regarding our request for the City to vacate a portion of
the existing conservation easement on Lot 1, Block 3 in Settlers West. Attached, please
find the signed application and two signed copies of the certified sketch describing our
request. In short, vacating a portion of this easement enables the homeowners to have
unencumbered access to their rear yard without compromising the integrity of the
wetland buffer that is protected by the remainder of the conservation easement. Below
is some background information on Settlers West and our thoughts as to why vacating a
portion of this easement does not harm the public.
In 2004, Settlers West was platted in a manner that preserved several existing features
of the subdivided property while complying with City zoning and engineering standards.
This approach enabled the large wetlands near Pioneer Trail to be preserved in outlots
and the existing 80 foot Magellan pipeline easement to remain in place. The City of
Eden Prairie elected to create a duplicative conservation easement over the existing
pipeline easement on Block 3 presumably to ensure that a natural buffer was preserved
between the planned homes and the wetland in Outlot B.
Accordingly, lot 1 Block 3 was created as a buildable homesite with the smallest building
pad in Settlers West due to the significant restrictions over the use of the rear yard. To
meet the setback requirements and to be consistent with other homes in this
neighborhood, this home was built very close to these easements. This configuration
creates very little usable area in the rear yard and requires the homeowners to traverse
over the southerly portion of the conservation easement when walking around the
house. The portion of the conservation easement closest to this home imposes an
unnecessary hardship that is unique to this particular homesite and significantly reduces
the ability to enjoy the rear yard relative to other homes in Settlers West.
935 East Wayzata Boulevard•Wayzata, MN 55391•Telephone: 952-473-1231•Fax: 952-473-7401•www.lennar.com
Vacating the southerly 10 feet of the existing conservation easement on Lot 1, Block 3,
Settlers West is necessary for the following reasons:
➢ To provide unencumbered access to the rear of the homesite;
➢ To enable the homeowners to utilize the homesite in a manner that remains in
compliance with the terms of the conservation easement; and
➢ To create more usable rear yard space in a manner that is consistent with other rear
yards in Settlers West.
Vacating the southerly 10 feet of the existing conservation easement on Lot 1, Block 3,
Settlers West does not harm the public for the following reasons:
➢ The underlying pipeline easement and the remaining 70 feet of the existing
conservation easement will continue to restrict activity near the wetland in Outlot B;
➢ Public access to the remainder of the conservation easement is not changed by this
vacation;
➢ The performance standards requiring low-maintenance, natural plantings for the rest
of the conservation easement remain in place;
➢ Vacating the easement is a more reasonable alternative to reviewing variance
requests to violate the terms of this easement to install sod; and
➢ The long term value of this homesite is enhanced by creating more usable
manicured lawn space that is suitable for limited outdoor seating and activities.
I understand that you already have .pdf versions of the underlying Magellan pipeline
easement document and the description of the conservation easement. Our attorneys
are available to draft the necessary amendments to the existing easement document if
necessary. Upon approval, we intend to file the necessary documents with Hennepin
County. Please contact me at 952.249.3034 to address any questions or concerns that
the City might have regarding this application.
Respectfully submitted,
LENNAR CORPORATION
✓fit Matt Goldstein, AICP
Project Manager
AMENDMENT TO CONSERVATION/SCENIC EASEMENT
THIS AMENDMENT is made this day of , 2007, by and between U.S. Home
Corporation, a Delaware corporation ("Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation
("Grantee").
RECITALS:
A. Grantor owns the following described real property:
Lot 1, Block 3, SETTLERS WEST, Hennepin County, Minnesota hereinafter referred to as the "Subject
Property".
B. The North 80 Feet of the Subject Property (the "Easement Area") is subject to that certain
Conservation/Scenic Easement dated September 21, 2004, filed of record with the Hennepin County Registrar of
Titles on January 18,2005, as Document No. 4066564(the"Easement Agreement").
C. Grantor and Grantee desire to reduce the Easement Area of the Conservation/Scenic Easement as
set forth herein by removing the South 10 feet of the North 80 feet from the Easement Area.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties agree as follows:
1. The legal description of the Easement Area is hereby deleted in its entirety and replaced with the following:
The North 70 Feet of Lot 1,Block 3, SETTLERS WEST,Hennepin County,Minnesota
The revised Easement Area is depicted and referred to as the "CONSERVATION/SCENIC EASEMENT AREA"
on the attached Exhibit A.
2. Nothing contained herein modifies, alters or amends the Drainage and Utility Easement dedicated in the
plat of SETTLERS WEST or the Pipeline Easement set forth in Doc.No. 894047,both identified on Exhibit A.
3. As amended herein,the parties reaffirm the terms of the Easement Agreement.
[Signature Pages and Acknowledgements Follow]
IN WITNESS WHEREOF,the parties execute and deliver this Amendment as of the date stated above.
GRANTOR:
U. S.HOME CORPORATION
By:
Name:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007, by
, the of U.S. Home Corporation, a Delaware
corporation, on behalf of the corporation.
Notary Public
GRANTEE:
CITY OF EDEN PRAIRIE,
a Minnesota municipal corporation
By:
Name: Phil Young
Its: Mayor
By:
Name: Scott H.Neal
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007, by Phil
Young and Scott H. Neal, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Leonard,Street and Deinard(EHW/HMM)
150 South Fifth Street, Suite 2300
Minneapolis,MN 55402
3732652.5
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3732652.5
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L.
Sue Kotchevar, Office of the Adopt Amended Budget for Tax
City Manager/Finance Increment Financing Districts 12, 14,
15, 16, 17, and 18
Requested Action
Move to:
Adopt resolution adopting amended TIF plans and budgets for Tax Increment Financing Districts
12, 14, 15, 16, 17, and 18.
Synopsis
Springsted Incorporated, the City's TIF advisor, has recommended that the City amend the TIF
budgets to reflect the City's intention to pool the City's share of TIF proceeds for projects.
Generally this required moving budgeted amounts from various line items to the other (eligible
TIF pooling activities) line item for expenditures and also budgeting for expected interest
income.
Attachments
Resolution
Amended TIF Plans
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION RELATING TO TAX INCREMENT
DISTRICT NOS. 12, 14, 15, 16, 17 AND 18
APPROVING MODIFICATIONS TO THE PLANS THEREFOR
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 has heretofore approved tax increment financing plans:
(a) on February 6, 1996, for Tax Increment Financing District No. 12, a qualified
housing tax increment financing district of the City;
(b) on August 5, 1997, for Tax Increment Financing District No. 14, a housing tax
increment financing district of the City;
(c) on July 20,1999, for Tax Increment Financing District No. 15, a qualified housing
tax increment financing district of the City;
(d) on July 20, 1999, for Tax Increment Financing District No. 16, a qualified
housing tax increment financing district of the City;
(e) on March 20, 2001, for Tax Increment Financing District No. 17, a qualified
housing tax increment financing district of the City; and
(f) on April 16, 2002, for Tax Increment Financing District No. 12, a housing tax
increment financing district of the City.
The tax increment financing districts described in paragraphs (a) through(f) of this
Subsection 1.01 are referred to collectively herein as the "TIF Districts." The original tax
increment financing plans described in paragraphs (a) through(g) of this Subsection 1.01 are
referred to collectively herein as the "Original TIF Plans."
1.02. At the direction of the City Council, City staff began exploring with financial
consultants:
(a) a reallocation of the tax increment expenditures budgeted for certain public
development costs within the Original TIF Plans, which costs fell within the total budgets
for each of the TIF Districts set forth in the Original TIF Plans, and did not increase
the total expenditures of tax increments therefrom; and
(b) a specification of the intent to spend tax increments outside of the TIF
Districts' boundaries to the extent permitted pursuant to Minnesota Statutes, Section
469.1763, Subdivision 2.
1.03. The City now intends to modify each of the Original TIF Plans to expressly
reallocate the budgets therein among authorized costs previously paid and authorized costs
anticipated to be incurred and paid in the future and to specify the intent to spend tax increment
outside of the respective TIF District boundaries and to approve these modifications subject to
final determination and verification of authorized costs incurred and paid to date for the
respective TIF Districts.
1.04. The City staff and financial consultants have prepared and presented to the City
for approval the proposed modifications, attached hereto as Exhibit A, to the Original TIF Plans
(the "Modified TIF Plans").
1.05. Because the Modified TIF Plans will not reduce or enlarge the Project Areas or
the TIF Districts, increase the amount of bonded indebtedness to be incurred, capitalize interest
on the debt if that determination was not a part of the Original TIF Plans, increase the portions of
the captured net tax capacity of the TIF Districts to be retained by the City, increase the estimate
of the cost of the projects paid or financed with tax increment from the TIF Districts, or
designate additional property to be acquired by the City pursuant to the Original TIF Plans, the
notice, discussion, public hearing, and findings by the City required for approval each of the
Original TIF Plans are not required.
Section 2. Approval of Modified TIF Plans.
2.01. This Council reaffirms the findings, with respect to the TIF Districts, contained
in the resolutions approving the Original TIF Plans.
2.02. It is hereby found, determined and declared that it is in the best interests of the
City to approve the Modified TIF Plans. Therefore, this Council hereby approves the Modified
TIF Plans. The City Clerk is hereby authorized and directed to file the Modified TIF Plans with
the Commissioner of Revenue and the State Auditor as required by Minnesota Statutes, Section
469.175, subdivision 4a.
ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 17tn
day of April, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
-2-
Exhibit A
[mark Modified TIF Plans "Exhibit A" and attach]
-3-
City of Eden Prairie, Ni nneso►ta
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Qualified Housing)
District No. 12
(Columbine Road Housing Project)
Original Plan Approved: February 6, 1996
Administrative Amendment Dated: April 17, 2007(Draft)
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, NI 55101
(651)223-3000
Introduction
The purpose of the Administrative Amendment to the Tax Increment Financing Ran for Tax Increment Financing
Distract No. 12 is to make a line-item adjustment to the Estimated Public Costs and Estill ied Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being modified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption, and may not reflect fully the financial rarrifications of all the 11F and property tax system changes.
TABLE OF CONTENTS
Section Page(s)
Section K
Estimated Public Costs 1
Section L
Esti n sled Sources of Revenue 1
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the 71F District.
Original Budget Administrative
Amement
February 6, 1996 17
Apri 117,2007
Land/building acquisition $212,000 $352,612
Site improvements/preparation costs 67,600 111,940
Installation of public utilities 57,900 95,150
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 246,959 0
Administrative expenscs 37,500 36,886
Capitalized interest 0 0
Other(eligible liF pooling activities) 0 25,371
Subtotal $621,959 $621,959
Transfers out 0 0
Total $621,959 $621,959
The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional
eligible items, so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-
you-go technique. AS tax increments are collected from the 11F District in future years, a portion of these taxes will
be distributed to the developer/owner as reimbursement for public costs incurred(,.,cc Section K of original 11F Ran).
Reimbursement may indude accrued interest, but in no event will the total reimbursement exceed the total estimated
public costs plus accrued interest.
Original Budget Amendme
Administrative
August 5, 1997 7
April 17,2007
Tax increment revenue $621,959 $571,959
Interest on invested funds 0 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Other 0 0
Subtotal $621,959 $621,959
Transfers in 0 0
Total $621,959 $621,959
The Authority reserves the right to finance any or all public costs of the 1lF District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other finandng mechanism authorized by law. The
Authority also rescrves the right to use other sources of revenue legally applicable to the Project Area to pay for such
costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment
income.
2 SPRINGSTED Page 1
City of Eden Prairie, Ni nneso►ta
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Housing)
District No. 14
(Edenvale Tovinhome Project)
Original Plan Approved: Xigust 5, 1997
Administrative Amendment ed: April 17, 2007(Draft)
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, NI 55101
(651)223-3000
Introduction
The purpose of the Administrative Amendment to the Tax Increment Financing Ran for Tax Increment Financing
District No. 14 is to make a line-item adjustment to the Estimated Public Costs and Estill ied Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being modified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption, and may not reflect fully the financial ramifications of all the liF and property tax system changes.
TABLE OF CONTENTS
Section Page(s)
Section K
Estimated Public Costs 1
Section L
Esti n sled Sources of Revenue 1
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the TIF District.
Original Budget Administrative
Amendment
August 5, 1997
Apri 117,2007
Landlbuilding acquisition $330,000 $380,000
Site improvements/preparation costs 50,000 50,000
Installation of public utilities 50,000 0
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 0 0
Administrative expenscs 50,000 25,000
Capitalized interest 20,000 0
Other(eligible liF pooling activities) 0 45,000
Subtotal $500,000 $500,000
Transfers out 0 0
Total $500,000 $500,000
The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional
eligible items, so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-
you-go technique. AS tax increments are collected from the 11F District in future years, a portion of these taxes will
be distributed to the developer/owner as reimbursement for public costs incurred(see Section K of original TIF Plan).
Original Budget Amendment
Administrative
August 5, 1997
April 17,2007
Tax increment revenue $500,000 $450,000
Interest on invested funds 0 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Grants 0 0
Other 0 0
Subtotal $500,000 $500,000
Transfers in 0 0
Total $500,000 $500,000
The Authority reserves the right to finance any or all public costs of the llF District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The
Authority also rescrves the right to use other sources of revenue legally applicable to the Project Area to pay for such
costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment
income.
2 SPRINGSTED Page 1
City of Eden Prairie, Ni nnesota
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Qualified Housing)
District No. 15
(Eden Shores Senior Housing Campus)
Original Plan Adopted: July 20, 1999
Administrative Amendment Dated: April 17, 2007(Draft)
Prepared by:
SPRINGS ED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, IVN 55101
(651)223-3000
Introduction
The purpose of the Administrative Amendment to the Tax Increment Financing Ran for Tax Increment Financing
District No. 15 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being modified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption, and may not reflect fully the financial rarrifications of all the 11F and property tax system changes.
TABLE OF CONTENTS
Section Page(s)
Section K
Estimated Public Costs 1
Section L
Esti n sled Sources of Revenue 1
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIP District are listed below. Such costs are eligible for reimbursement from tax
increments of the 71F District.
Original Budget Administrative
Amendment
July 20, 1999
April 17,2007
Landlbuilding acquisition $3,627,689 $3,652,495
Site improvements/preparation costs 997,311 1,030,191
Installation of public utilities 0 0
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 0 0
Administrative expenscs 462,500 47,620
Capitalized interest 0 0
Other(eligible-RP pooling activities) 0 357,194
Subtotal $5,087,500 $5,087,500
Transfers out 0 0
Total $5,087,500 $5,087,500
The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional
eligible items, so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-
you-go technique. AS tax increments are collected from the 11F District in future years, a portion of these taxes will
be distributed to the developer/owner as reimbursement for public costs incurred(see Section K).
Original Budget Administrative
March 20,2001 Amendment
April 17,2007
Tax increment revenue $5,087,500 $5,037,500
Interest on invested funds 0 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Grants 0 0
Other 0 0
Subtotal $5,087,500 $5,087,500
Transfers in 0 0
Total $5,087,500 $5,087,500
The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The
Authority also rescrves the right to use other sources of revenue legally applicable to the Project Area to pay for such
costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment
income.
2 SPRINGSTED Page 1
City of Eden Prairie, Ni nnesota
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Qualified Housing)
District No. 16
(Lincoln Parc Apartments Project)
Original Plan Adopted: July 20, 1999
Administrative Amendment Dated: April 17, 2007(Draft)
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, NN 55101-2887
(651)223-3000
Introduction
The purpose of the Adrrinistrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing
District No. 16 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being modified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption,and may not reflect fully the financial ramifications of all the T1F and property tax system changes.
TABLE OF CONTENTS
Section Page
Section K
Estimated Public Costs 1
Section L
Esti r r rated Sources of Revenue 1
- ii -
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the TIF District.
Original Budget Administrative
July 20, 1999 Amendment
April 17,2007
Land/building acquisition $2,928,568 $2,695,725
Site improvements/preparation costs 2,313,932 2,129,962
Installation of public utilities 0 0
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 0 0
Administrative expenses 524,250 75,773
Capitalized interest 0 0
Other(eligible 1lF poling activities) 0 865,290
Subtotal $5,766,750 $5,766,750
Transfers out 0 0
Total $5,766,750 $5,766,750
The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional
eligible items,so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-
you-go technique. As tax increments are collected from the 11F District in future years, a portion of these taxes will
be distributed to the developer/owner as reimbursement for public costs incurred(see Section K).
Original Budget Administrative
March 20,2001 Amendment
April 17,2007
Tax increment revenue $5,766,750 $5,716,750
Interest on invested funds 0 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Grants 0 0
Other 0 0
Subtotal $5,766,750 $5,766,750
Transfers in 0 0
Total $5,766,750 $5,766,750
The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance,
internal funding,general obligation or revenue debt,or any other financing mechanism authorized by law. The
Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such
costs induding, but not limited to, special assessments, utility revenues,federal or state funds, and investment
income.
2 SPRINGSTED Page 1
City of Eden Prairie, Ni nnesota
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Qualified Housing)
District No. 17
(Rolling Hills Senior Housing Campus)
Approved: March 20, 2001
Administrative Amendment Dated: April 17, 2007(Draft)
Prepared by:
SPRINGSTED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, NN 55101
(651)223-3000
Introduction
The purpose of the Adrrinistrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing
District No. 17 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being modified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption,and may not reflect fully the financial ramifications of all the T1F and property tax system changes.
TABLE OF CONTENTS
Section Page
Section K
Estimated Public Costs 1
Section L
Esti r r rated Sources of Revenue 1
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the TIF District.
Original Budget Administrative
March 20,2001 Amendment
April 17,2007
Land/building acquisition $2,165,000 $2,048,920
Site improvements/preparation costs 540,000 512,230
Installation of public utilities 0 0
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 0 0
Administrative expenses 295,000 43,885
Capitalized interest 0 0
Other(eligible 1lF poling activities) 0 394,965
Subtotal $3,000,000 $3,000,000
Transfers out 0 0
Total $3,000,000 $3,000,000
The Authority rcscrves the right to adjust the amount of any of the items listed above or to incorporate additional
eligible items,so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-
you-go technique. As tax increments are collected from the 11F District in future years, a portion of these taxes will
be distributed to the developer/owner as reimbursement for public costs incurred(see Section K).
Original Budget Administrative
March 20,2001 Amendment
April 17,2007
Tax increment revenue $2,942,833 $2,892,833
Interest on invested funds 0 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Grants 0 0
Other 0 0
Subtotal $2,942,833 $2,942,833
Transfers in 0 0
Total $2,942,833 $2,942,833
The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The
Authority also rcscrves the right to use other sources of revenue legally applicable to the Project Area to pay for such
costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment
income.
2 SPRINGSTED Page 1
City of Eden Prairie, Ni nnesota
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Housing)
District No. 18
(The Heights at Valley View Apartment Project)
Original Plan Adopted: April 16, 2002
Administrative Amendment Dated: April 17, 2007(Draft)
Prepared by:
SPRINGS IED INCORPORATED
380 Jackson Street, Suite 300
St. Paul, NIV 55101
(651)223-3000
VWWV.SPRINGSTED.COM
Introduction
The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing
District No. 18 is to make a line-item adjustment to the Estimated Public Costs and Estimated Sources of Revenue.
This amendment will not increase the overall size of the budget. The sections specifically being rrudified are
Sections K and L. This amendment does not reflect all the legislative changes that have occurred since original
adoption,and may not reflect fully the financial ramifications of all the TIF and property tax system changes.
TABLE OF CONTENTS
Section Page
Section K
Estimated Public Costs 1
Section L
Esti r r Idled Sources of Revenue 1
City of Eden Prairie, Minnesota
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax
increments of the TIF District.
Original Budget Administrative
April 16,2002 Amendment
April 17,2007
Land/building acquisition $2,456,000 $2,455,705
Site improvements/preparation costs 891,000 886,783
Installation of public utilities 65,000 68,214
Parking Facilities 0 0
Bond interest payments 0 0
Loan principal payments 0 0
Loan/note interest payments 0 0
Administrative expenses 50,000 25,000
Capitalized interest 0 0
Other(eligible llF pooling activities) 853,000 879,298
Subtotal $4,315,000 $4,315,000
Transfers out 0 0
Total $4,315,000 $4,315,000
The City rcscrves the right to adrrinistratively adjust the amount of any of the iterre listed above or to incorporate
additional eligible iterre,so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The City anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go
technique. As tax increments are collected from the 1lF District in future years, a portion of these taxes will be
distributed to the developer/owner as reimbursement for public costs incurred(see Section K).
Original Budget Administrative
Arrenclment
April 16,2002
April 17,2007
Tax increment revenue $4,265,000 $4,265,000
Interest on invested funds 50,000 50,000
Bond proceeds 0 0
Loan proceeds 0 0
Real estate sales 0 0
Special assessments 0 0
Rent/lease revenue 0 0
Grants 0 0
Other 0 0
Subtotal $4,315,000 $4,315,000
Transfers in 0 0
Total $4,315,000 $4,315,000
The City reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance,
internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City
also rcscrves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs
including, but not limited to,special assessments, utility revenues,federal or state funds,and investment income.
2 SPRINGSTED Page 1
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M.
Laurie Obiazor, Hennepin County Permit for Birch Island
Interim Director Bike Trail
Parks and Recreation
Requested Action
Move to: Approve the permit agreement A070571 for the bicycle/pedestrian trail from Birch
Island Park north across Hennepin County property to the bike trail on the south side
of Crosstown Highway.
Synopsis
As a part of the Birch Island Park development project, the bicycle trail along the east side of County
Road 4 will traverse through Birch Island Park and proceed north across Hennepin County land to
make a connection with the bicycle trail along the south side of County Road 62. The County
requires a permit for construction and continued use of this property for this trail.
Background
In the mid-1980s, when Hennepin County donated Camp Edenwood to the City of Eden Prairie for
park purposes, the County retained the northern portion of that property in order to ensure it had all
of the right-of-way necessary to extend the Crosstown Highway widening project in this location. At
that time, Hennepin County officials indicated that eventually there intent was to donate this
property to the City of Eden Prairie. Hennepin County has never initiated the donation of the
remaining portion of that property to the City and at this time the City requires use of the western
edge of that property for extension of the bicycle trail from Birch Island Park to the south side of
Crosstown Highway (County Road 62). Although the permit does contain a clause allowing
Hennepin County to revoke a permit with a ninety day notice. This is standard language in their
permits and there is very little chance that this would ever happen as the vast majority of this
property is wetlands and there is no access to this property other than through Birch Island Park, or
from the County Road 62 on ramp.
City staff recommends approval of the permit so the City can proceed with this vital trail connection.
Attachments
Map depicting permit area
Permit Agreement
Trail Permit Location Map
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Agreement No. A070571
File No.
PERMIT AGREEMENT
Eden Prairie Bicycle Trail
This Agreement, entered into by and between the County of Hennepin, a public body
corporate and politic under the laws of the State of Minnesota ("Permittor"), and the City of Eden
Prairie, a Minnesota municipal corporation("Permitee").
In consideration of the covenants by and between the parties,it is hereby agreed:
1. Premises
Permittor hereby agrees to grant certain rights and benefits to Permittee hereinafter
described with regard to that certain real property described as follows:
That portion of land parcel identified as PID #04-116-22-11-0007 that is required to
connect a bicycle trail to the west and north of said parcel.
The said real estate shall be hereinafter described as the "Premises."
2. Uses
The Premises shall be for the temporary use of Permittee, its agents, officers,
employees, subpermittees and invitees for trail purposes, including but not limited to
pedestrian use, cross country skiing, bicycles and other non motorized uses, and all
requirements necessary to the enjoyment of the Premises for said uses. Permittee shall be
granted temporary use of adjacent lands controlled by Permittor as reasonably required for
construction and maintenance of the Premises.
3. Term
The term of this Permit shall be for an indefinite period, commencing on execution
of this Agreement by the Chair of the Hennepin County Board of Commissioners until
termination in accordance with Paragraph 4.
4. Termination
Either party may, at any time and for any reason, terminate this Permit by giving
ninety (90) days' written notice of its intention to do so. Such notice may be served upon
Hennepin County by delivering a copy thereof to the County Administrator at the principal
office in the Hennepin County Government Center, Minneapolis, Minnesota, 55487, or by
depositing the same in the United States Post Office directed to the County Administrator at
the principal office. Such notice may be served on the City of Eden Prairie by delivering a
copy to City Manager, City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344.
T:lfre/HCRRNPertnits/3/23/07114:06
1
Except as provided herein,this Agreement may not be terminated or revoked by either party
hereto.
5. Temporary Nature of Use
Permittee acknowledges that the Premises is to be used specifically and solely for
the purpose of constructing a bicycle trail system and that it is Permittor's intention to allow
Permittee to use the Premises only so long as it is needed for that purpose.
6. Rights Upon Termination
On the expiration of ninety(90)days after such service of said notice of termination,
this Permit, and all rights hereunder, shall thereupon terminate and be at an end, saving and
excepting such rights as may have accrued to either party hereunder prior to such
termination. Permittee shall, without further notice or demand, deliver possession of the
Premises to the Permittor at the expiration of said ninety (90) days and shall, before the
expiration of said ninety (90) days, remove all improvements and other property placed
upon the Premises which it may desire and have the right to remove. If it shall fail to
remove improvements and property, its right shall, at the option of the Permittor, cease and
Permittee's interest thereto shall be forfeited and at the same time shall belong to Permittor
or, in such case, if the Permittor shall elect, it may, at any time after the expiration of said
period of ninety (90) days, tear down and/or remove any or all such improvements and
property at the expense of Permittee without any liability for damages thereof in any respect
whatsoever and Permittee shall thereupon promptly reimburse Permittor for all expenses
incurred by it in doing so.
7. Rent
Upon any such termination of this Permit, rent shall be paid by the Permittee to the
date of termination fixed by said notice at the rate of$1.00 per year.
8. Other Users
Permittor shall use its best efforts to terminate or amend any permits or leases, or
other written permission to the Premises which may previously have been extended to
others by Permittor and which conflict with this permit.
9. Subpermits
Permittee may grant permits to subpermittees only upon written agreement of
Permittor. Any subpermit shall be on the same terms and conditions and for the same uses
as are contained in this Permit.
10. Nuisance,Waste
Permittee shall not permit the existence of any nuisance on said Premises.
T:f Cre/HCRRA/Permif s/3123/07I14:06
2
Permittee, at all times, shall keep said Premises clean and shall comply with all laws,
ordinances and regulations respecting Permittee's business and use and occupation of said
Premises. Permittee, at its sole cost, shall make any and all improvements, alterations,
repairs and additions, and install all appliances required on said Premises by or under any
such regulations, ordinances or laws. No bills, posters or advertising matter of any kind
shall be posted on said Premises;provided,however,that Permittee may post on appropriate
structures, informational materials relating to the permitted uses. Permittee shall use all
reasonable precautions to prevent any waste, injury, death or property damage and shall
modify, repair or replace any railings, pathways or other improvements on the Premises
when necessary.
11. Utilities,Title,Existing Rights of Others
Permittee accepts said Premises subject to the rights of any person, firm or
corporation, including the Permittor in and to any existing telephone,telegraph and/or other
wires,poles and facilities of any kind whatsoever,whether or not of record, and should it,at
any time, become necessary because of Permittee's use of the Premises to relocate any of
said poles, wires or facilities by reason of this Permit, Permittee shall bear and pay the cost
of so doing.
Permittee also accepts said Premises subject to any want or failure at any time of
Permittor's title to said Premises or any part thereof and Permittee shall assume any
damages sustained by Permittee in connection therewith. Permittee also accepts such
Premises subject to rights of any party, including Permittor, in and to any roadways,
easements, leases and permits,whether granted, at Permittor's sole discretion, either prior to
or after the date of this Permit Agreement. Permittee agrees to provide to Permittor or other
tenants of Permittor access over and through the Premises on these roadways and easements
should such access be deemed necessary by Permittor. Permittee accepts said Premises
subject to the right of Permittor, its employees, agents, and contractors when reasonably
necessary to walk upon said Premises to repair adjacent property and the right of Permittor,
its employees, agents, and contractors to temporarily place equipment upon the property
when reasonably necessary for the purpose of maintaining, repairing, inspecting or
constructing upon Permittor's property.
12. Indemnification
Permittee shall defend, indemnify and hold harmless Permittor, its Commissioners,
officers, agents, and employees from any liability, claims, demands, personal injury, costs,
judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly
from an act or omission of Permittee, its agents, employees, customers, invitees,
subpermittees, contractors,or other occupiers of the Premises.
Permittor shall not be liable to Permittee or those claiming by, through, or under
Permittee for any injury, death or property damage occurring in, on or about the Premises
based upon the construction, operation or maintenance of the Premises by Permittee, or any
of its agents, employees, customers, invitees, subperznittees, contractors, nor for the loss or
T:IrrefHCRR./Permits/3/23/071I4:06
3
damage by reason of the present or future condition of repair of the Premises, or for the loss
or damage arising from the acts or omissions of Permittee,its agents, employees, customers,
invitees, subpermittees,contractors, or other occupiers of the Premises.
13. Insurance
Permittee further agrees that if in any case the release and indemnity provided in this
section shall not be valid, Permittor shall have the full benefit of any insurance effected by
the Permittee upon the property injured, destroyed or damaged and/or against the hazard
involved; and Permittee agrees that any and all such insurance shall be so written that the
insurer shall have no claim or recourse of any kind whatsoever against Permittor in
connection therewith.
14. Covenant
Permittee, in consideration of the permitting of the said Premises, as herein
provided,hereby covenants and agrees to pay the rent therefor promptly, as above provided,
and fully to abide by and perform all and singular the conditions, covenants and agreements
herein contained and to be observed and performed by said Permittee and to yield up said
Premises unto the Permittor at the expiration or termination of the Permit Agreement in as
good condition as when entered upon.
15. Quiet Enjoyment
Permittor has the right and authority to enter into this Agreement and if Permittee
pays the rent required hereby and otherwise performs the terms hereof to be performed by
Permittee, Permittee shall, during the term hereof, be entitled to quiet enjoyment and
possession of the Premises subject to the termination provisions hereof. Notwithstanding
the foregoing, Permittee acknowledges that the rights,provided to it by virtue of the Permit
are subject to the provisions of Paragraph 11.
16. Waiver
No receipt of money by Permittor from Permittee after any default by Permittee or
after the expiration of this Permit or after the service of any notice or after the
commencement of any suit or after final judgment for possession of said Premises, shall
waive such default or reinstate, continue or extend the term of this Permit or affect any such
notice or suit, as the case may be. No waiver of any default of Permittee shall be implied
from omission by Permittor to take any action on account of such default, and no express
waiver shall affect any default other than the default specified in the express waiver and that
only for the time and to the extent therein stated.
17. Breach
It is further agreed between the parties hereto, that if the said Permittee shall breach
or make default in any of the conditions, covenants or agreements of this Permit, which
T:lTre/HCRRA/Permits/3123/07/14:06
4
breach or default shall continue for fifteen (15) days after Permittee's receipt of written
notice thereof from Permittor, then it shall be lawful for the Permittor, then or at any time
thereafter, to declare this Permit ended, and to re-enter said Premises and take possession
thereof, with or without process of law, and to use any reasonable or necessary lawful force
for regaining possession; whereupon the rights and obligations of the parties shall be the
same as above specified in the case of termination pursuant to Paragraph 4; and it is hereby
further agreed and provided that any waiver at any time of a breach of any condition,
covenant or agreement of this Permit shall extend only to the particular breach so waived
and shall, in no manner, impair or affect the existence of such condition, covenant or
agreements, or the right of Permittor thereafter to avail itself of same and any subsequent
breach thereof. In the event Permittor has to take action for repossession of said property,
Permittee, its assigns or heirs shall be liable for reasonable attorney's fees incurred by
Permittor.
18. Assignment
The benefits and obligations of this Permit shall extend to and shall bind the heirs,
administrators, executors, leases, successors or assigns of the parties hereto, but no interest
in this Permit shall be assigned, nor said Premises or any part thereof shall be assigned to,
used or occupied by any party other than the Permittee unless specifically stated herein.
19. Improvements,Maintenance
Permittee shall be responsible for the construction of all improvements necessary to
its use of the Premises and shall be responsible for the maintenance of said Premises.
Construction plans, if any, shall be submitted to the Permittor for review and comment.
Permittor reserves the right to reject any plans for construction proposed by Permittee on the
grounds, in Permittor's sole discretion, that said plans are inappropriate or incompatible
with its future use of the Premises.
20. Environmental Concerns
Permittee shall not create or permit any condition of the Premises that could present
a threat to human health or to the environment. Permittee shall bear the expense of all
practices or work,preventative, investigative or remedial,which may be required because of
any conditions of the Premises introduced by Permittee, subpermittees or invitees during
Permittee's period of use, including conditions introduced by Permittee, subpermittees, or
invitees which affect other lands. Permittee expressly agrees that the obligations it hereby
assumes shall survive cancellation of this Permit. Permittee agrees that statutory limitation
periods on actions to enforce these obligations shall not be deemed to commence until
Permittor discovers any such health or environmental impairment, and Permittee hereby
knowingly and voluntarily waives the benefits of any shorter limitation period.
Permittor shall have the right,but not the duty,to enter upon the Premises from time
to time as set forth below to inspect the Premises for environmental contamination and in
the course thereof to conduct soil and groundwater testing and to perform environmental
T:/Tre/HCARA/Permits/3/23107/14:06
5
investigation, remediation or mitigation. Permittor may enter the Premises during regular
business hours of Permittee without prior notice, and may enter the Premises during periods
other than regular business hours either with prior written consent of Permittee or without if
Permittor reasonably believes that an emergency exists on the Premises. Permittor shall
conduct any such inspections or testing so as to minimize interference with Permittee's
operations. Permittor's entry on to the Premises pursuant to this paragraph shall not relieve
the Permittee's obligation to pay rent under this Permit.
Permittee may make any inspections, tests, audits or reviews of the physical
condition of the premises, all at Perznittee's sole cost and expense. Such inspections and
tests may include, without limitation, soil tests, soil borings, surveys, environmental audits,
and other tests of the premises ("environmental inspections"). If Permittee elects to abandon
its trail project and terminate this agreement due to its "environmental inspection",
Permittee shall restore the property to its prior condition, and provide the Permittor with
copies of all reports and test result. Permittee agrees to indemnify, defend, and hold the
Permittor harmless from any and all actual out-of- pocket expenses incurred by the
Permittor related to containing or disposing of any contaminated materials released by such
inspections.
In addition to the foregoing provisions of this Paragraph 20, and in exchange for the
rights and privileges granted in this Permit Agreement Permittee hereby agrees to bear the
expense of all practices or work,preventative,investigative or remedial necessary to comply
with all federal, state, local and other governmental statutes, rules and regulations necessary
for Permittee's use of the Premises for trail and park purposes regarding any hazardous
waste, pollutant, contaminant or petroleum-related material on the Premises regardless of
whether or not the same was present on the Premises before or after the commencement of
this Permit Agreement provided, however, that should Permittee elect in its sole discretion
to abandon its trail project and terminate this agreement, due to its "environmental
Inspections, " Permitee shall not be obliged to bear expenses enumerated in this sentence.
Further, Permittee agrees to defend, indemnify and hold harmless Permittor, its
Commissioners, officers, agents and employees from any IiabiIity, claims, demands,
personal injury, costs,judgments, or expenses, including reasonable attorney's fees arising
from exercise of the rights granted by this Permit Agreement and resulting from the
presence of any hazardous waste, pollutant, contaminant or petroleum-related material on
the Premises regardless of whether or not the same was present on the Premises before or
after the commencement of this Permit Agreement. Permittee expressly agrees that the
obligations it hereby assumes related to construction and operation of the park trail, shall
survive the cancellation of this Permit.
21. Compliance with Laws, Ordinances and Rules
Permittee agrees to comply with all laws, ordinances and regulations of federal,
state, municipal and local government agencies as they apply to use of the Premises.
Permittee agrees to comply with rules as may be promulgated from time to time by
Permittor. Permittee may enforce its ordinances on the premises, as it applies to third
parties.
T:1Tre/HCR RA/Permits/3/23107/14:06
6
22. Condition of Premises Inspection
Permittee accepts the Premises in an "AS IS" condition with no express or implied
representations or warranties by Permittor as to the physical condition or fitness or
suitability for any particular purpose, express or implied. Permittee is responsible for and
has had ample opportunity to inspect the Premises, is familiar with the same, and has
determined to its satisfaction the fitness of the Premises for its intended use.
23. Liens and Encumbrances
Permittee shall not permit any liens or encumbrances to be established or remain
against the Premises, including but not limited to, encumbrances with respect to work
performed or equipment or materials furnished in connection with use of the Premises by
Permittee, its agents, employees, customers, invitees, subpermittees, contractors or other
occupiers of the Premises pursuant to this Permit.
T:tTre1HCRRA/PemuWsl3/23/07/14:06
7
Permittee, having signed this Lease Agreement, and the Hennepin County Board of
Commissioners having duly approved this Permit on the day of , 2007, and
pursuant to such approval,the proper County officials having signed this Permit,the parties
hereto agree to be bound by the provisions set forth herein.
APPROVED AS TO FORM: COUNTY OF HENNEPIN
By: By:
Assistant County Attorney Chair of its County Board
Date: Date:
APPROVED AS TO EXECUTION: By:
Assistant/Deputy/County Administrator
By:
Assistant County Attorney Date:
Date:
By:
Assistant County Administrator,
AGREEMENT NO. Public Works
Date:
PERMITTEE:
ATTEST:
By:
By:
Title: Deputy/Clerk of the County Board
Date: Date:
RECOMMENDED FOR APPROVAL
By:
By:
Title:
Director,
Housing, Community Works &Transit
Date:
Date:
T:lTre/HCRRA1Permits/3 12 3/0711 4:06
8
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N.
Sue Kotchevar, Office of the Accept 2006 General Fund Financial
City Manager/Finance Results
Requested Action
Move to: Accept 2006 General Fund financial results.
Synopsis
As part of the audit of the City's financial statements, the year-end financial results are
summarized and reported to the City council. The City Council acceptance of the General Fund
financial results is a recommended practice by the City's auditors.
Attachments
Memo
Transfer Schedule
MEMORANDUMRif
EDEN
TO: Mayor and City Council PRAIRIE
Scott Neal, City Manager
LIVE•WDRK•DREAM
FROM: Sue Kotchevar, Finance Manager
DATE: April 17, 2007
SUBJECT: 2006 General Fund Financial Results
As part of the final process for the financial statements and audit,Finance staff reviews general fund
financial results with the council and recommends any changes to budgeted transfers. The general
fund had positive operating results in 2006 and the net change in fund balance is$(2,144,687). The
table below reflects the changes to the City's general fund reserved and designated fund balances. An
explanation of each of the balances is summarized below.
Fund balance: 12/31/2005 12/31/2006 Difference
Reserved
Encumbrances $ 597,958 $827,705 $229,747
Prepaid items 126,373 125,365 (1,008)
Severance obligations 3,100,000 - (3,100,000)
Interfund loan 374,425 192,223 (182,202)
Unreserved- designated
Budget stabilization 5,319,265 5,364,093 44,828
Working capital 11,814,358 12,678,306 863,948
Total fund balance $ 21,332,379 $19,187,692 $(2,144,687)
Reserve Balances
The amounts reserved in the general fund are amounts set aside for a specific purpose. The City is
either obligated to pay these amounts in the future or the amounts are not currently available.
Reserved for encumbrances represents amounts authorized by the City Manager for divisions to
spend the next calendar year. This balance primarily represents information technology and
facilities projects that were not accomplished in 2006 that will be completed in 2007. Prepaid items
are amounts paid in 2006 for services to be received in 2007. Reserve for severance obligations
represents the City's liability for accrued vacation and sick leave benefits owed to employees.In 2006,
a Severance fund was created to account for these benefits and$3,100,000 was transferred from 2005
general fund reserves and an additional $100,000 was transferred to cover the City's $3,200,000
severance liability. The interfund loan is the amount loaned to the liquor operations to build the
Den Road Liquor Store. Liquor operations will fully repay the loan in 2008.
Unreserved-designated
The unreserved fund balance consists of the budget stabilization balance and the working capital
balance.
Budget Stabilization
In compliance with council policy,$5,094,093 was maintained for budget stabilization which is 15%
of the 2006 budget. An additional$270,000 was designated to pay for the planned use of the budget
stabilization balance for the 2007 budget.
Working Capital
In compliance with council policy, 50% of the next year's tax levy or$12,678,306 is designated for
working capital. This amount represents the amount needed to fund operations the first six months
of the year. The City receives a tax settlement in December that funds operations until the next
settlement in June of the next year.
Additional Transfers
The City fund balance policy states "as part of the year-end financial procedures, staff will review
with the Council any amounts above 15% and recommend proposed uses of the funds. Staff
recommends transferring the additional$482,605 of fund balance in the general fund to the capital
improvement fund. As we have discussed in the past,more projects have been identified than there
are funding sources which will have to be addressed in the future. A schedule of other unbudgeted
transfers made from other funds is attached.
Conclusion
The general fund had positive operating results in 2006 and the City maintains a strong financial
position that continues to provide stability and flexibility for general fund operations. The City's
Auditors,Malloy,Montague,Karnowski,Radosevich,&Co.,PA.will make a formal presentation on
the City's audit report at a future council meeting. Also, Finance will issue a quarterly report for
12/31/06 to provide more detail on 2006 financial results.
City of Eden Prairie
Transfer Schedule
12/31/06
Transfer Transfer
In Out Amount Explanation
Severance Fund General Fund 3,200,000 Transfer reserved balance in General fund to the new Severance fund
Capital Improvement Fund General Fund 482,605 Transfer of excess fund balance above the 15%as stated in fund balance policy
Capital Improvement Fund G.O. Improvement Bonds of 2002 13,806 Debt in the G.O. Improvements Bonds of 2002 were paid off in 2006
Utility Construction Fund Capital Improvement Fund 270,000 Transfer a portion of the Settlers West Donation
G.O. Improvement Bonds of 2003 Charleson Area Construction 1,339,375 Transfer the Charleson Area Fund's portion of the project costs
G.O. Revolving Improvement Bonds of 2005 ADC Capital Project Fund 156,625 Transfer the ADC Fund's portion of the debt payment
G.O. Revolving Improvement Bonds of 2005B 212/Charleson Construction 192,774 Transfer the 212/Charleson Fund's portion of the debt payment
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O.
Sue Kotchevar, Office of the Approve Naming Rights Agreement
City Manager/Finance Between the City of Eden Prairie and
Cambria
Requested Action
Move to:
Approve Naming Rights Agreement between the City of Eden Prairie and Cambria
Synopsis
Cambria has agreed to donate $25,000 of Cambria product for the community center project and
the City will recognize the donation with a bronze plaque at the community center.
Attachments
Agreement
Naming Agreement
Between City of Eden Prairie and Cambria
This Naming Agreement ("Agreement") is made and entered into as of March 1, 2007, by and
between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota
("City") and Cambria Company, a Minnesota corporation ("Holder").
Recitals
A. Holder has made a donation of$25,000.00 (retail price) of Cambria product to City
on or about March 1, 2007 which is to be installed in the following locations at the
City's Community Center:
a. Main Information Counter within the main lobby
b. The concession counter within the main lobby
c. The sink counters within the new locker rooms
d. The control desk within the Fitness Area on the second floor
e. Any counters or other areas within the "Cambria Room" as mutually agreed to
during the design process.
B. The parties desire that Holder's donation to City be recognized by the grant to Holder
of the right to associate Holder's name and/or logo with the multi purpose room in the
City's Community Center as described herein, (the "Named Subject").
NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this
Agreement, the parties agree as follows:
1. Grant of Right to Name. City grants to Holder the right to designate and use its
following name and/or logo on and with respect to the Named Subject: Cambria
Natural Quartz Surfaces. The name and/or logo shall appear on a bronze plaque
which shall be approved by Holder, in Holder's sole reasonable discretion, upon
fabrication and prior to installation (the "Plaque"). The Plaque shall be installed at or
near the entry of the Named Subject in such a location as would normally be found in
the naming or designation of a particular room within a building. In addition to the
Plaque, the Holder's name and/or logo shall be displayed in the lobby of the
Community Center as a major donor to the Community Center. All costs associated
with the Plaque and the Holder's name and/or logo in the lobby of the Community
Center shall be borne by the City.
2. Term. The rights granted to Holder hereunder shall be for a term of twenty (20) years
beginning with the date as of which this Agreement is made.
3. City's Right to Change Named Subject.
a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in
any manner the Named Subject or the Community Center or any part thereof,
Holder's rights hereunder are subject to City's right to select an alternative or
substitute Named Subject for the designation and use of Holder's name and/or
logo ("Substitute Named Subject"), provided, however, the Substitute Named
Subject shall substantially conform with the location and nature of the Named
Subject. The selection of the Substitute Named Subject shall be made by the
City's Manager after consultation and written consent by the Holder, provided
such consent shall not be unreasonably withheld. No alternative use of Holder's
name and/or logo may be used without Holder's written consent.
4. Termination of the Term by City. In the event the City Council determines that the
Community Center should be razed, the term of the Holder's naming rights hereunder
shall terminate provided however if- the Community Center is rebuilt the term of
Holder's naming rights shall extend for the period of time that the Community Center
was razed and not rebuilt .
I
5. Termination of Term by Holder. The term of Holder's rights hereunder may be
terminated by Holder by giving City notice in writing of its intention to do so, thirty
(30) days prior to the date of termination.
6. Ownership of Plaque upon Termination. Upon termination of the term through the
expiration of time or otherwise, the Plaque shall be removed from the Named Subject
and returned to the Holder.
7. Exclusive Naming Rights. Holder's rights to designate and use its name and/or logo
on and with respect to the Named Subject shall be exclusive during the term hereof.
In addition, City shall not enter into naming, sponsorship, advertising or marketing
agreement with a competitor of Holder, as determined by Holder, and shall not
provide any marketing or advertising for a competitor of Holder.
8. Representations and Indemnification.
a. Representation. Holder represents and warrants to City that it owns and has the
right to use in the manner described herein the name or logo described in Exhibit
1 and that the use contemplated by this Agreement does not infringe upon any
other person's name, logo, trade name, trademark or service mark.
b. Indemnification. Except for the City's, or its agents, licensee's or invitee's
negligence, Holder shall defend, indemnify and hold City harmless from all
claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and
damages of every kind and description including reasonable attorney's fees and
litigation expenses that may be brought or made against or incurred by City
arising out of or related to the use of Holder's name or logo pursuant to this
Agreement including but not limited to the infringement of the rights of any other
person with respect thereto.
9. Grant of Licenses. Holder hereby grants to City a revocable, royalty free, worldwide
license to use its name or logo in connection with (a) the operation of the Community
Center; (b) the provision of services offered in the Community Center; and (c)
2
advertisements for the promotion of the Community Center, the services provided and
the events conducted therein. Prior to City's use of Holder's name or logo outside of
the uses specifically described in paragraph 1 of this Agreement, City shall obtain
Holder's written consent to such use.
10. Limitation of Damages. Neither party herein shall be liable to the other for any
indirect, consequential, punitive, incidental loss of profits or like expectancy damages
arising out of this Agreement.
11. Remedies. In the event of breach of this Agreement by either party,both parties shall,
in addition to any other remedies provided by law, be entitled to the remedy of
specific performance, temporary or permanent injunction or other equitable relief as a
remedy for any breach or threatened breach of the provisions of this Agreement.
12. Miscellaneous.
a. Modifications. This Agreement constitutes the entire Agreement between the
parties and supersedes any prior oral or written understandings or agreements
relative to the subjects of this Agreement. This Agreement may be amended only
by written instrument signed on behalf of Holder and City by persons duly
authorized to do so.
b. Governing Law of Venue. This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Minnesota. Any action or
proceeding in any way arising out of or related to this Agreement shall be
litigated, if at all, in a state or federal court located in Hennepin County,
Minnesota.
c. Nature of Relationship. It is understood that this is an agreement between
independent contractors and that neither party is in any way an agent or employee
of the other party.
d. Data Practices Act. The Holder shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the
Act is applicable to data and documents in the possession of the Holder.
e. Notices. Any notice required or permitted to be given by any party upon the other
is given in accordance with this Agreement if it is directed to City by delivering it
personally to the City Manager; or if it is directed to Holder, by delivering it
personally to Sue Gliszinski, Corporate Business Manager, Cambria, 704 N. Main
Street, Le Sueur, MN 56058; or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid; or if
deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to Grantor: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: City Manager
3
With a copy to: Richard F. Rosow
Eden Prairie City Attorney
650 third Ave. South, Suite 1600
Minneapolis, MN 55402-4337
If to Holder: Cambria
Attn: Sue Gliszinski
704 N. Main Street
Le Sueur, MN 56058
With a copy to: Peter Martin
Cambria
11000 West 78th Street, Suite 240
Eden Prairie, MN 55344
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit, that
the time for response to any notice by the other party shall commence to run one
business day after any such deposit. Any party may change its address for the
service of notice by giving written notice of such change to the other party, in any
manner above specified,ten (10) days prior to the effective date of such change.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
HOLDER CITY OF EDEN PRAIRIE
Cambria Company
By By
Peter Martin, Phil Young
Its: Director of Marketing Operations Its: Mayor
By
Scott H. Neal,
Its: City Manager
4
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P.
Sue Kotchevar, Office of the Approve Naming Rights Agreement
City Manager/Finance Between the City of Eden Prairie and
Wells Fargo
Requested Action
Move to: Approve Naming Rights Agreement between the City of Eden Prairie and Wells
Fargo.
Synopsis
Wells Fargo has agreed to donate $100,000 for the community center project and the City will
recognize the donation by granting Wells Fargo naming rights for the gymnasium.
Attachments
Agreement
Doc ID 12065727
Naming Agreement
Between City of Eden Prairie and Wells Fargo Bank
This Naming Agreement ("Agreement") is made and entered into as of March 30, 2007, by and
between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota
("City") and Wells Fargo Bank,N.A. ("Holder").
Recitals
A. Holder intends to make a donation in the amount of One Hundred Thousand Dollars
in three equal installments. The first installment of the donation ($33,333.34) has
been made on March 30, 2007. The second and third installments ($33,333.33 each)
of the donation shall be made on the first and second anniversary of the date above.
B. The parties desire that Holder's donation to City be recognized by the grant to Holder
of the right to associate Holder's name or logo with the gymnasium in the City's
Community Center as described herein, (the "Named Subject").
NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this
Agreement, the parties agree as follows:
1. Grant of Right to Name. City grants to Holder the right to designate and use its
following name and/or logo on and with respect to the Named Subject: WELLS
FARGO (Name) and WELLS FARGO (Box Logo) as set forth in Exhibit 2. The
name or logo shall appear on a bronze plaque in the form and size as agreed to by the
Parties hereto (the "Plaque"). The Holder's name or logo shall be displayed in the
lobby of the Community Center and in the location of the Named Subject. Exhibit 1
also contains additional Naming Agreement benefits.
2. Term. The rights granted to Holder hereunder shall be for a term of twenty (20) years
beginning with the date as of which this Agreement is made.
3. City's Right to Change Named Subject.
a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in
any manner the Named Subject or the Community Center or any part thereof,
Holder's rights hereunder are subject to City's right to select an alternative or
substitute Named Subject for the designation and use of Holder's name and/or
logo ("Substitute Named Subject"), provided, however, City shall use its best
efforts to select the Substitute Named Subject. The selection of the Substitute
Named Subject shall be made by the City's Manager after consultation with
Holder. No alternative use of Holder's name and/or logo may be used without
Holder's consent, which consent is not to be unreasonably withheld.
4. Termination of the Term by City.
a. In the event the City Council determines that the Community Center should be
razed, the term of the Holder's naming rights hereunder shall terminate.
b. In the event Holder fails to pay the second or third installments of the donation,
the term of the Holder's naming rights hereunder shall terminate.
5. Termination of Term by Holder. The term of Holder's rights hereunder may be
terminated by Holder by giving City notice in writing of its intention to do so, thirty
(30) days prior to the date of termination.
6. Ownership of Plaque upon Termination. Upon termination of the term through the
expiration of time or otherwise, the plaque shall be removed from the Named Subject
and returned to the Holder.
7. Exclusive Naming Rights. Holder's rights to designate and use its name and/or logo
on and with respect to the Named Subject shall be exclusive during the term hereof
8. Representations and Indemnification.
a. Representation. Holder represents and warrants to City that it owns and has the
right to use in the manner described herein the name or logo described in Exhibit
1 and that the use contemplated by this Agreement does not infringe upon any
other person's name, logo, trade name, trademark or service mark.
b. Indemnification. Holder shall defend (or, at the option of City, the City may
defend at Holder's reasonable expense), indemnify and hold City harmless from
all claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and
damages of every kind and description including reasonable attorney's fees and
litigation expenses that may be brought or made against or incurred by City
arising out of or related to the use of Holder's name or logo pursuant to this
Agreement including but not limited to the infringement of the rights of any other
person with respect thereto.
9. Grant of Licenses. Holder hereby grants to City a royalty free, worldwide license to
use its name or logo in connection with (a) the operation of the Community Center;
(b) the provision of services offered in the Community Center; and(c) advertisements
for the promotion of the Community Center, the services provided and the events
conducted therein.
10. Limitation of Damages. Neither party herein shall be liable to the other for any
indirect, consequential, incidental loss of profits or like expectancy damages arising
out of this Agreement.
11. Remedies. In the event of breach of this Agreement by Holder, City shall, in addition
to any other remedies provided by law, be entitled to the remedy of specific
performance, temporary or permanent injunction or other equitable relief as a remedy
for any breach or threatened breach of the provisions of this Agreement.
2
12. Miscellaneous.
a. Modifications. This Agreement constitutes the entire Agreement between the
parties and supersedes any prior oral or written understandings or agreements
relative to the subjects of this Agreement. This Agreement may be amended only
by written instrument signed on behalf of Holder and City by persons duly
authorized to do so.
b. Governing Law of Venue. This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Minnesota. Any action or
proceeding in any way arising out of or related to this Agreement shall be
litigated, if at all, in a state or federal court located in Hennepin County,
Minnesota.
c. Nature of Relationship. It is understood that this is an agreement between
independent contractors and that neither party is in any way an agent or employee
of the other party.
d. Data Practices Act. The Holder shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the
Act is applicable to data and documents in the possession of the Holder.
e. Notices. Any notice required or permitted to be given by any party upon the other
is given in accordance with this Agreement if it is directed to City by delivering it
personally to the City Manager; or if it is directed to Holder, by delivering it
personally to the Contracts Administrator; or if mailed in a sealed wrapper by
United States registered or certified mail, return receipt requested, postage
prepaid; or if deposited cost paid with a nationally recognized, reputable
overnight courier, properly addressed as follows:
If to Grantor: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: City Manager
With a copy to: Richard F. Rosow
Eden Prairie City Attorney
650 third Ave. South, Suite 1600
Minneapolis, MN 55402-4337
If to Holder: Constance Mosher
WELLS FARGO BANK,N.A.
MAC N9305-086
8th Floor
90 S 7TH ST
MINNEAPOLIS, MN 55402-3903
With a copy to: WELLS FARGO BANK,N.A.
3
255 2nd Avenue South, MAC N9301-047
Minneapolis MN 55479
Attention: Contracts Administrator
Notices shall be deemed effective on the earlier of the date of receipt or the date of
deposit as aforesaid; provided, however, that if notice is given by deposit, that the time
for response to any notice by the other party shall commence to run one business day
after any such deposit. Any party may change its address for the service of notice by
giving written notice of such change to the other party, in any manner above specified,
ten(10) days prior to the effective date of such change.
13. License Grant by Wells Fargo.
a. Wells Fargo hereby grants to City a worldwide, non-exclusive right and license to use
the federally registered WELLS FARGO "box" logo ("the Logo") and the name
WELLS FARGO (the "Name") for the exclusive purpose of sponsorship of the Event.
City agrees that nothing herein shall give to it any right, title or interest in the Logo or
Name (except the right to use the Logo and Name in accordance with the terms of
this Agreement), that the Logo and Name are the sole property of Wells Fargo and
that any and all uses by City of the Logo and Name shall inure to the benefit of Wells
Fargo.
b. This license shall terminate when the Agreement terminates, unless earlier terminated
as set forth below. City acknowledges that Wells Fargo may terminate the above
right to use the Logo or Name if the products or services offered in connection with
the Logo or Name are not of a nature and quality commensurate with the nature and
quality of the products or services currently provided by City, and in conformity with
Paragraph 1, above. The City shall deliver specifications for the bronze plaque, all
door name plates, grand opening announcements and marketing materials, and all
other uses of the Logo to Wells Fargo prior to distribution to the public for Wells
Fargo's consent. If the above right to use the Logo and Name is terminated, the City
agrees to cease all use of the Logo and Name within ten(10) calendar days of
receiving notice. City shall not be required to submit all uses of"Wells Fargo Gym"
to Wells Fargo for approval.
c. The City agrees that it will not use any Logo or other design mark except the camera-
ready or downloadable Logo or other design mark provided to the City by Wells
Fargo. City will follow the attached Logo Standards, Exhibit C.
d. This Agreement shall be royalty-free. This Agreement and any and all rights granted
hereunder are personal in nature to City, are non-transferable by City, do not convey
any sublicensing rights to City, and shall not inure to the benefit of any successor in
interest of City. This Agreement shall be binding upon and inure to the benefit of
Wells Fargo's successors and assigns. All rights not specifically granted or licensed
to the City are reserved to Wells Fargo.
4
14. Insurance. Without limiting the City's liability to Wells Fargo under this Agreement, the
City, at its sole cost and expense, will secure and maintain adequate insurance coverage to
protect Wells Fargo from any losses or claims which may arise out of the performance of this
Agreement, except to the extent that Wells Fargo is obligated to defend and indemnify the City
under paragraph 8 of this Agreement. The City shall not be required to defend and indemnify
Wells Fargo for claims or damages caused by or resulting from Wells Fargo's sole negligence.
Notwithstanding any provision set forth herein, the City's obligations to defend and indemnify
Wells Fargo shall be limited as set forth in Minnesota Statutes, Section 466.04 or any similar
statute in effect.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
WELLS FARGO BANK,N.A. CITY OF EDEN PRAIRIE
By By
Its Phil Young
Its Mayor
By
Its By
Scott H. Neal,
By _ Its City Manager
Its
5
Exhibit 1
Additional Benefits
City shall deliver and Wells Fargo shall receive the following benefits:
1. The gymnasium will be named the "Wells Fargo Gym" for the life of the agreement (20
years).
2. There will be a name plate over the doors to the various facilities with the name and logo
of the donor. All name plates will be of similar size, color and script.
3. All references to the programs in the gym will reference the name of the gym.
4. All Wells Fargo full time employees will be able to receive a 25% discount on a full year
membership fee during the first year of operation.
5. After the first year of operation all Wells Fargo employees will be able to obtain the same
fees and discounts as Eden Prairie residents for the life of the naming rights (20 years).
6. The City will keep Wells Fargo informed on the progress of the construction and any
tentative opening dates.
7. A Wells Fargo representative will be invited to participate in the grand opening event to
be scheduled for some time in the spring or early summer of 2008.
8. Wells Fargo has the opportunity to co-market with the City on many City programs
throughout the year and City staff will contact Wells Fargo with information on those
opportunities.
6
Exhibit 2
Wells Fargo Logo Standards
Logo. The success of our brand depends on the consistent and frequent use of key identity
elements,which when used effectively produce a powerful and lasting impression in the
minds of our customers.
The Wells Fargo logo appears in Stagecoach Red and Stagecoach Gold(preferred). Use the Black One-Color
version when color printing is not an option.
Preferred Black One-Color
WELLS WELLS
FARGO FARGO
Colors
Our logo colors must look exactly the same every time they are used.The logo must be printed so that the colors
match PMS 200C(red)and PMS 123C(yellow)whether you are printing on coated or uncoated stock.Reproduction
on certain paper stocks may alter the way the logo colors actually look.Be sure to check printed materials for
accurate color match while on press.
Logo Colors
PMS 200C(red) PMS 123C(yellow)
Note: The printed materials must be a visual color match to 200C(red)and 123C(yellow).Using Pantone uncoated
colors is not representative of Wells Fargo approved colors.
Clear Space
Always leave the minimum clear space around the Logo to frame and set off our identity. The clear space should be
one quarter the height or width of the logo on each side.
Do not put any distracting graphic elements—e.g.,type,illustrations or textured background—in this area. When
the Logo overprints a full-bleed photograph,the photo should be positioned so that the area behind the Logo is not
visually busy and provides sufficient contrast.
143E 1 1
114P1 Li IH
WELLS
FARGO
12
f
+ems A
7
Minimum Size
In all cases the Wells Fargo logo should be clearly depicted,and the size of the logo depend on the size of your
marketing materials and other factors. All Logo versions should be reproduced with the letter"W"no small than
3/32 inch(2.4 mm).
Download Wells Fargo Logos
Go to http://sponsorship.homestead.wellsfargo.com/contractslogos.cfm to download Wells Fargo logos in eps
format. Note: This website is for internal use only by Wells Fargo team members.
Additional Logos
Wells Fargo Investments(PCS):
Note: For Private Client Services events only
The ink color for the PCS logo is PMS 874 metallic. If printing process does not allow for metallic ink,such as print
advertising,use Pantone Process 31-3 (10c,35m,70y,30k)or the black version of the logo.
PMS 874 Metallic Black One-Color
WELLS WELLS
FARGO FARGO
Go to http://sponsorship.homestead.wellsfargo.com/contractslogos.cfm to download PCS logos in eps format. Note:
This website is for internal use only by Wells Fargo team members.
Wells Fargo Financial:
If you need the Wells Fargo Financial logo,please contact Tom Gibbons at TomGibbons@financial.wellsfargo.com.
Wells Fargo Home Mortgage:
For Wells Fargo Home Mortgage,contact Michelle George at 515-213-5531 or
Michelle.George@mortgage.wellsfargo.com.
Note: The logos are EPS format which requires Adobe Illustrator. For additional Wells Fargo logo file formats,
please contact Laura Krawec at laura.a.krawec@wellsfargo.com.
8
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q.
Sue Kotchevar, Office of the Approve Liquor Store Project Change
City Manager/Finance Orders
Requested Action
Move to: Approve Den Road liquor store remodel change orders
Synopsis
A few minor changes were made to the liquor store remodel project totaling $10,773.00.
Attachments
Change Orders 001 and 002.
Document G701T61 - 2001
Change Order
PROJECT(Name and address): CHANGE ORDER NUMBER:00I OWNER:El
Eden Prairie Liquor DATE:March 01,2007
ARCHITECT;
8018 Den Road
Eden Prairie,MN 55344 CONTRACTOR:El
TO CONTRACTOR(Name and address): ARCHITECTS PROJECT NUMBER: FIELD:❑
Greystone Construction Company CONTRACT DATE:
500 South Marschall Road,Suite 300 CONTRACT FOR:General Construction OTHER:
Shakopee,MN 55379
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include,where applicable,any undisputed amount attributable to previously executed Construction Change Directives)
Per attached Proposal Request Items#I thru 9
The original Contract Sum was $ 195,100.00
The net change by previously authorized Change Orders $ 0.00
The Contract Sum prior to this Change Order was $ 195,100.00
The Contract Sum will be increased by this Change Order in the amount of $ 8,158.00
The new Contract Sum including this Change Order will be $ 203,258.00
The Contract Time will be increased by Zero(0)days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor,in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER.
Tushic-Montgomery&Assoc.,Inc. Greystone Construction Company City of Eden Prairie
ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name)
7645 Lyndale Ave.S.,#100 500 South Marsehall Road,Suite 300, 8080 Mitchell road
Richfield,MN 55423 Shako ee,MN 5537 Eden Prairie,MN 55344
ADDR S5 � � ADD � j ADDRESS
�{11'�r >r4"
Y(Signature) B (Sign ture) BY(Signature)
(Typed name) (Typed name) (Typed name)
�4(0.6
DATE DATE DATE
AlA Document G701'W 2001.Copyright @ 1979,1987,2000 and 2001 by The American Institute of Architects. Ail rights reserved. WARNING:This AlA"
Document is protected by U.S.Copyright Law and International Treaties.Unauthorised reproduction or distribution of this AlA' Document,or any 1
portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 10:43:18 on 0 310 1/2 0 07 under Order No.1000287043_1 which expires on 311 212 0 08,and is not for resale.
User Notes: (1305377043)
Eden Prairie Liquor Remodel
Job#BGO6-956O
1/25/20O7
Proposal Requests
Item#: Description: Status: Cost:
1 PR#1 $ 711.00 t-
Electrical switching and lighting changes.
2 Add(1)Simplex lock,delete(2)office locks
$ 435.00 4-
3 Additional drywall work for PR#2 $ 169_00 ,f„
'4 Add matching wood shelf at cart corral for PR#2 $ 878.00 1...
6 Add(4)stainless steel corner guards $ 260.00 f
6 Add drywall at cooler face $ 490.00
7 Add glass shelving and electrical lighting in millwork a $ 4,835.00 f.
8 Add outlet at Cooler $ 380.00
9 Shelf removal&transportation to powder coater-invoicing Baker Assoc. ' $ -
Total $ 8458.00
Prepared by Greystone Construction 3/1/2007 Page 1
A
�r Document G701' - 2001
Change Order
PROJECT(Name and address): CHANGE ORDER NUMBER:002 OWNER:
Eden Prairie Liquor DATE:March 21,2007 ARCHITECT:
8018 Den Road
Eden Prairie,MN 55344 CONTRACTOR:ig
TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER: FIELD:❑
Greystone Construction Company CONTRACT DATE:
500 South Marschall Road,Suite 300 CONTRACT FOR:General Construction OTHER:❑
Shakopee,MN 55379
THE CONTRACT 15 CHANGED AS FOLLOWS:
(Include,where applicable,any undisputed amount attributable to previously executed Construction Change Directives)
Per attached Proposal Request Items ff I I thru 13
The original Contract Sum was $ 195,100.00
The net change by previously authorized Change Orders $ 8,158.00
The Contract Sum prior to this Change Order was $ 203,258.00
The Contract Sum will be increased by this Change Order in the amount of $ 2,575.00
The new Contract Sum including this Change Order will be $ 205,833.00
The Contract Time will be increased by Zero(0)days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor,in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER.
Tushie-Montgomery&Assoc.,Inc. Greystone Construction Company City of Eden Prairie
ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name)
7645 Lyndale Ave.S.,#100 500 South Marschall Road,Suite 300, 8080 Mitchell mad
Richfield,MN 55423 Shakope 7;371( Eden Prairie,MN 55344
ADD 5S ADD ADDRESS
Vfetuk,
BY(Signature) BY(Signature) BY(Signature)
kd retnl K.K C6 K
(Typed name) (Typed name) (Typed name)
272 '41 34/4'`]
DATE DATE DATE
MA Document G701",—2001.Copyright @ 1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIA"
Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this MA"' Document,or any
portion of if,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document
was produced by AIA software at 08:07:31 on 03/21/2007 under Order No.1000287043_1 which expires on 3/12/2008,and is not for resale.
User Notes: (3689899418)
Eden Prairie Liquor Remodel
Job#BG06-9560
Prpposal Requests
ffem#: 13es020 Status: Cost:
11 Cart area-add SS bars to bottom of cart area,add 20 gauge SS 24"high on do of tiles,add Z channel over 20 gauge SS $ 1,600.00
over tiles.
12 Front vestibule-add black annad'¢ed SS tubing on tower portion of mural. $ 750.00
13 Cash wrap-Drilling vent holes in bottom of cabinets. $ 225.00
Total $ 2,675.00
Prepared by Greystone Construction 3/20/2007 Page 1
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R.
Sue Kotchevar, Office of the Approve Third Rink Ice Rental
City Manager/Finance Agreement
Requested Action
Move to: Approve Third Rink Ice Rental Agreement with the Eden Prairie Hockey Association
Synopsis
The Hockey Association has agreed to rent additional ice time above what is currently
purchased. The additional revenue will help to pay for the third sheet of ice bond payments.
Attachments
Agreement
Third Ice Rink Rental Agreement
Between City of Eden Prairie and Eden Prairie Hockey Association
This Agreement ("Agreement") is made and entered into as of April 17, 2007 by and
between the City of Eden Prairie, a municipal corporation under the laws of the State of
Minnesota ("City") and the Eden Prairie Hockey Association, a Minnesota nonprofit corporation
("Association").
Recitals
A. Whereas Association currently rents ice rink time from the City during the winter
(hereinafter referred to as "Winter Prime Time Hours") on the existing two rinks
located within the Eden Prairie Community Center (hereinafter referred to as the
(Community Center"). Winter Prime Time Hours are defined as October 1 through
February 29 between 3 and 11 pm Monday to Friday and weekend, holidays and non-
school days between 6 am— 11 pm.
B. Whereas City has entered into a contract for the construction of a third ice rink
(hereinafter the "Third Rink") at the Community Center which City anticipates will
be available for Winter Prime Time Hours beginning October 1, 2008.
C. Whereas the Association desires to secure for its programs additional Winter Prime
Time Hours on the Third Rink.
NOW THEREFORE, in consideration of the premises and mutual agreement set forth in
this Agreement, the parties agree as follows:
1. Rental of Winter Prime Time Hours. The Association hereby agrees to annually
rent 910 Winter Prime Time Hours on the Third Rink. The 910 Winter Prime Time
Hours are in addition to the number of hours the Association currently rents from the
City on the existing two ice rinks. For purposes of this Agreement the parties agree
that the Association currently rents 1500 number of hours of ice rink time from the
City.
2. Term. The term of this Agreement shall commence upon the "Commencement Date"
which shall be the date the Third Rink is open for public use. Following the
Commencement Date the Term shall continue for a period of twenty (20) years or
until the Lease Revenue Bonds issued by the Housing and Redevelopment Authority
in and for the City of Eden Prairie to finance construction of the Third Rink are paid
in full, whichever is earlier. Promptly after the Third Rink is open for public use the
City shall prepare a Declaration substantially in the form of Exhibit A attached hereto
confirming the Commencement Date. The Association shall execute and return such
Declaration within 10 days after submission. The Declaration shall thereafter become
part of this Agreement.
3. Rental Rate. The rental rate to be paid by the Association shall be the rate adopted
by the Eden Prairie City Council from time to time as part of the Council's approval
of its annual Fee Resolution.
4. Priority. Pursuant to the City's guidelines on rental of ice rink time the Association
is hereby granted first priority to rent Winter Prime Time Hours on the Third Rink.
5. Indemnification. Association shall defend (or, at the option of City, the City may
defend at Association's reasonable expense), indemnify and hold City harmless from
all claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and
damages of every kind and description including reasonable attorney's fees and
litigation expenses that may be brought or made against or incurred by City arising
out of or related to the Association's use and rental of ice time on any of the ice rinks
at the Community Center.
6. Governing Law of Venue. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Minnesota. Any action or
proceeding in any way arising out of or related to this Agreement shall be litigated, if
at all, in a state or federal court located in Hennepin County, Minnesota.
7. Nature of Relationship. It is understood that this is an agreement between
independent contractors and that neither party is in any way an agent or employee of
the other party.
8. Data Practices Act. The Association shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act
is applicable to data and documents in the possession of the Association.
9. Audit. The books, records, documents, and accounting procedures and practices of
the Association or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six
years after the effective date of this Contract.
10. Discrimination. In performance of this contract, the Association shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability, sexual
orientation, or age against any participant in the Association's programs, any
employee of the Association, any subcontractor of the Association, or any applicant
for employment. The Association further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
11. 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. No federal regulations and
applicable state statutes shall be violated.
2
12. Limitation of Remedies and Liability. In the event of a breach of this Agreement by
the City, the Association shall not be entitled to recover punitive, special or
consequential damages or damages for loss of business. Notwithstanding any
provisions set forth herein, the City's liability hereunder shall be limited as set forth in
Minnesota Statutes, Section 466.04 or any similar statute in effect."
13. City Remedies. In the event of breach of this Agreement by Association, City shall,
in addition to any other remedies provided by law, be entitled to the remedy of
specific performance, temporary or permanent injunction or other equitable relief as a
remedy for any breach or threatened breach of the provisions of this Agreement.
14. Miscellaneous. This Agreement constitutes the entire Agreement between the
parties and supersedes any prior oral or written understandings or agreements relative
to the subjects of this Agreement. This Agreement may be amended only by written
instrument signed on behalf of Association and City by persons duly authorized to do
so.
15. Notices. Any notice required or permitted to be given by any party upon the other is
given in accordance with this Agreement if it is directed to City by delivering it
personally to the City Manager; or if it is directed to Association, by delivering it
personally to the Association's ; or if mailed in a sealed wrapper by
United States registered or certified mail, return receipt requested, postage prepaid; or
if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to Grantor: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: City Manager
With a copy to: Richard F. Rosow
Eden Prairie City Attorney
650 Third Ave. South, Suite 1600
Minneapolis, MN 55402-4337
If to Association: Eden Prairie Hockey Association
16700 Valley View Road
Eden Prairie, MN 55344
Attn:
With a copy to:
3
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid; provided, however, that if notice is given by deposit, that
the time for response to any notice by the other party shall commence to run one
business day after any such deposit. Any party may change its address for the
service of notice by giving written notice of such change to the other party, in any
manner above specified, ten (10) days prior to the effective date of such change.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
EDEN PRAIRIE HOCKEY CITY OF EDEN PRAIRIE
ASSOCIATION
By By
Phil Young
Its Its Mayor
By
Scott H. Neal,
Its City Manager
P:\Home\EP\PARKS\Third Rink Rental\Rental Agreement 2007 04 06
4
EXHIBIT A
DECLARATION OF COMMENCEMENT
This Declaration is made as of the day of 200_ by and between City of Eden
Prairie, a municipal corporation under the laws of the State of Minnesota ("City") and Eden
Prairie Hockey Association, a Minnesota nonprofit corporation("Association").
City and Association are parties to the certain Third Ice Rink Rental Agreement
Between City of Eden Prairie and Eden Prairie Hockey Association dated as of April 17,
2007. In accordance with the Agreement, City and Association memorialize that the
Commencement Date of the Agreement is _, 200_.
IN WITNESS WHEREOF, the parties to this Declaration have caused these presents to be
executed as of the day and year aforesaid.
EDEN PRAIRIE HOCKEY CITY OF EDEN PRAIRIE
ASSOCIATION
By By
Phil Young
Its Its Mayor
By
Scott H. Neal,
Its City Manage
5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.S.
Stuart A. Fox, Parks and Bids for Trail Overlay Projects
Natural Resources Manager
Requested Action
Move to: Award the bid for the resurfacing—bituminous overlays of the four trail sections to
Northwest Asphalt, Inc. in the amount of$68,842.
Synopsis
The City advertised for the reconstruction of the four bituminous trail segments within the city. The
four trail that needed overlay work are along portions of the following roads: Scenic Heights,
Anderson Lake Parkway, Prairie Center Drive and Duck Lake Trail. Specifications for the work
were prepared and the City received six bids from contractors. The work is based on milling out and
replacing the existing eight-foot wide trail. In addition, the work includes the installation of twenty
pedestrian ramps at various road and driveway crossings in three of the four segments.
Background
The money for doing this trail reconstruction comes from the Capital Improvement Project funding
in the Public Works Depattiiient for the reconstruction and construction of trails along roadways
throughout the City. The summary of the bids submitted is as follows:
Northwest Asphalt, Inc. $68,842.00
Plehal Blacktopping,Inc. $68,891.00 * didn't bid on one segment
ACI Asphalt Contractors,Inc $71,747.22
Omann Brothers Paving $76,473.14
Midwest Asphalt Corp. $77,833.81
Bituminous Roadways,Inc. $89,930.75
Staff estimate for this project was $100,000.
Each of the submitters met the guidelines as detailed in the bid specification and staff recommends
the bid be awarded to Northwest Asphalt, Inc.
Park Maintenance staff will do the boulevard restoration after the contractor is done with their
paving project. The staff anticipates beginning the project after July 30, with the completion by
September 28, 2007.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T.
Scott H. Neal, City Manager Approve Guaranteed Maximum Price and
Ratify Contract with RJM for Community
Center/Round Lake Park/Birch Island Park
Improvements
Requested Action
Move to: Approve the Guaranteed Maximum Price of$14,165,000.00 and ratify the contract for
Construction Management Services between the City of Eden Prairie and RJM Construction for
the Community Center/Round Lake Park/Birch Island Park Improvements.
Synopsis
Pursuant to the CMc contract between the City and RJM Construction, RJM proposed a
Guaranteed Maximum Price in the amount of$14,165,000.00 for the Construction Management
Service Contract for the Community Center/Round Lake Park/Birch Island Park Improvements.
The contract requires the City to officially act upon acceptance of the Guaranteed Maximum
Price. In addition, various insurance and bonding requirements have been finalized and it is
appropriate to ratify the contract previously approved with the completion of these details and
acceptance of the Guaranteed Maximum Price.
Attachments
Guaranteed Maximum Price proposal of RJM Construction
Agreement between City of Eden Prairie & RJM Construction
Amendment 1 March 26, 2007
.TO THE CONTRACT FOR CONSTRUCTION FOR EDEN PRAIRIE COMMUNITY CENTER-'
EDEN PRAIRIE COMMUNITY CENTER BID DATE:MARCH 15,2007 BASE
Budget Summary Includes:Base Bid,Ice Arena,Bleacher Replacement,Built Up Alternate, COST 57609
Built Up Re-Roof Rink 1,Radiant Heat Allowance,Ice Melt $/SQ.PT.
PUBLIC BIDS RECEIVED
2A EXCAVATION/SITEWORK I SITE UTILITIES I SITE CONCRETE I PAVING/BRIDGE Ramsey Excavating $1,425,500 $24.74
SOIL CORRECTION Allowance $50,000 $9.87
2B BASEBALL FIELD SITE WORK/GRADING/DRAINTILE SYSTEMS Un-awarded $237,000 $4.11
2C LANDSCAPE/IRRIGATION SYSTEMS Un-awarded $185,873 $3.23
2E BALL FIELD NETTING Allowance $163,000 $2.83
3A CONCRETE SYSTEMS(BASE BID) Stellar Concrete $299,000 $5.19
3B CONCRE t L SYSTEMS(ICE ARENA). Stellar Concrete $116,700 $0.00
3C CONCRETE SYSTEMS(BALL FIELD) _Kelleher Construction $105,000 $0.00
3D PRECAST STRUCTURAL CONCRETE ALLOWANCE Allowance $751,364 $13.04
4A MASONRY SYSTEMS(BASE BID/ICE ARENA) Hollenback&Nelson $929,860 $16.14
4B MASONRY SYSTEMS(BALL FILED/STADIUM) Hollenback&Nelson $101,300 $0.00
5A STRUCTURAL STEEL/JOISTS/DECKING MATERIALS(BASE BID/BALL FIELD) American Structural $278,400 $4.83
5B STRUCTURAL STEEL/JOISTS/DECKING MATERIALS(ICE ARENA) American Structural $147,700 $0.00
5C MISC STEEL MATERIAL Anderson Iron Works $95,280 $0.00
STEEL BENCH MATERIAL Allowance $20,500 $0.36
-5D STEEL ERECTION • High Five Erectors $275,700 $4.79 •
6A CARPENTRY/SPECIALTIES/SELECTIVE DEMOLITION/TEMP PARTITIONS Un-awarded $308,600 . $5.36
6B INTERIOR ARCHITECTRUAL WOODWORK MI-awarded $120,123 $2.09
7A METAL WALL PANELS/METAL PANEL ROOFING Un-awarded $78,474 $1.36
7B ROOFING/SHEETMETAL/ACCESSORIES(INCLUDED BUILT-UP) Un-awarded $697,100 $12.10
8A DOOR AND HARDWARE SYSTEMS Un-awarded $102,317 $1.78
8B ALUMINUM ENTRANCES/STOREFRONTS _Empirehouse $310,638 $5.39
8C TRANSLUCENT WALL PANEL ASSEMBLIES/SKYLIGHTS WL Hall Company $59,300 $I.03
9A GYPSUM BOARD SYTEMS[PLASTER I FIREPROOFING Un-awarded $320,750 $5,57
9B SPORTS/WOOD FLOORING _Un-awarded $92,363 $1.60
• 9C PAINTING Un-awarded $127,615 $2.22
13A ICE RINK REFRIGERATION SYSTEMS Commercial Refrigeration $748,600 $12.99
13B DASHER BOARDS Un-awarded $113,400 $1.97
13C BLEACHER REPLACEMENT Un-awarded $210,506 $3.65
15A PLUMBING AND PIPING SYSTEMS Un-awarded $1,006,638 $17.47
15A.1 RADIANT HEATING SYSTEM Allowance $60,000 $1.04
1513 HVAC AND CONTROLS SYSTEM-NO CONTROL SYSTEM Un-awarded $921,089 $15.99
15B.1 BUILDING CONTROL SYSTEM Allowance $200,000 $3.47
15B.2 ANTICIPATED MECHANICAL VALUE ENGINEERING SAVINGS Allowance ($50,000) -$0.87
15C FIRE SPRINKLER SYSTEMS Un-awarded $226,100 $3.92
16A ELECTRICAL AND TECHNOLOGY SYSTEMS Allowance $792,090 $13.75
16B GENERATOR SYSTEMS-NOT INCLUDED IN CONTRACT NA $0 $0.00
16C BASEBALL FIELD LIGHTING SYSTEM Allowance $263,000 $4.57
QUOTE PACKAGES RECEIVED
2D BALL FIELD FENCING ALLOWANCE Allowance . $80,000 $1.39
8D ROT LING COUTNER AND OVERHEAD DOORS Un-awarded • $24,050 $0.42
9D CERAMIC TILE/PORCELAIN TILE I QUARRY TILE Un-awarded $94,059 $1.63
9E ACOUSTICAL CEILINGS/ACOUSTICAL WALL PANELS Un-awarded $79,598 $1.38
9F RESILIENT AND CARPET FLOORING Uri-awarded $158,654 $2.75
-10A SPECIALTY MATERIALS Un-awarded $41,959 $0.73
10B WARDROBE LOCKERS Un-awarded $106,552 $1.85
11A GYMASIUM EQUIPMENT Un-awarded $44,037 $0.76
I3D RACQUET BALL COURT SYSTEMS Ur-awarded $66,500 $1.15
14A ELEVATOR ThyssenKnrp $47,405 $0.82
Sills SURVEY SUPPORT $4,000 $0.07
BUILDING SURVEY SUPPORT $4,000 $0.07
TEMP BUILDING HEATING EQUIPMENT COSTS $24,000 $0.42
PRINTING $7,000 $0.12
FINAL CLEANING $30,0011 $0.52
TEMP POWER COSTS •$12,000 $0.21
GENERAL CONDITIONS-RIM ONLY $122,250 $2.12
REIMBURSABLES-RIM ONLY $257,718 $4.47
BUILDING PERMIT ALLOWANCE(State Surcharge Only) $25,400 $0.44
SACIWAC COSTS(BY OWNER-NIC) $0 $0.00
CONSTRUCTION CONTINGENCY(4.2%) $541,169 $9.39
INSURANCE $140,028 $2.43
RIM PERFORMANCE BOND $25,611 $0.44
CONTRACTORS FEE $338,131 $5.87
Subtotal Construction Cost $14,165,000 $245.88
ALTERNATES ACCEPTED IA,4B,7A,7E,I3C,M-2
ALTERNATE NOT INCLUDED IN CONTRACT TO BE SELECTED AT LATER DATE
ALTENATE 3A-WALKING TRACK AT RINK II$391,000
,
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U.
Janet Jeremiah, Director Amendment to the Affordable Housing
Molly Koivumaki, Manager Regulatory Agreement for Eagle Ridge at
Community Development Hennepin Village 6th Addition
Requested Action
Move to: Approve the Amendment to the Affordable Housing Regulatory Agreement between
the City of Eden Prairie and the Ryland Group, Inc.
Background
The Development Agreement for Eagle Ridge at Hennepin Village 6th Addition,between the
City of Eden Prairie and The Ryland Group, Inc., requires Ryland to provide eight affordable
housing units at a reduced price. The Affordable Housing Regulatory Agreement, executed by
Ryland and the City on September 30, 2005, identifies Lot 3, Block 2 as a designated
"Restricted Lot" for inclusion in the affordable housing program. Due to unforeseen issues,
the lot will not be ready for sale as soon as originally anticipated. The Ryland Group and the
City have agreed to the substitution of the restricted lot to Lot 4, Block 3, which is substantially
the same as the original lot. This will allow the City to meet its goal of providing affordable
housing at the development through the West Hennepin Affordable Housing Land Trust
(WHAHLT) agreement. This agreement will not change the amount of Community
Development Block Grant(CDBG) funding which the City previously agreed to provide
WHAHLT.
Attachments
Amendment to the Affordable Housing Regulatory Agreement
AMENDMENT OF AFFORDABLE HOUSING REGULATORY AGREEMENT
This Amendment of Affordable Housing Regulatory Agreement (the "Amendment") is made
and entered into as of this day of , 2007, by and between The Ryland Group, Inc.,
a Maryland corporation ("Ryland") and the City of Eden Prairie, a Minnesota municipal corporation
(the "City").
RECITALS:
WHEREAS, Ryland and the City entered into a certain Affordable Housing Regulatory
Agreement dated September 30, 2005 and filed of record on November 7, 2005 in the Office of the
Registrar of Titles of Hennepin County, Minnesota as document no. 4184643 (the "Agreement"), a
copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, pursuant to the Agreement, Lot 3, Block 2, EAGLE RIDGE AT HENNEPIN
VILLAGE FIVE ("Lot 3, Block 2"), according to the recorded plat thereof, was designated as a
"Restricted Lot"; and
WHEREAS, Ryland and the City wish to release Lot 3, Block 2 from any and all restrictions
set forth in the Agreement and to substitute a new Restricted Lot for Lot 3, Block 2.
NOW, THEREFORE, in consideration of the Recitals, which are hereby incorporated herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is hereby agreed as follows:
1. Substitution of Restricted Lot. Effective immediately, the description of the Restricted Lot, for
all purposes under the Agreement, shall be Lot 4, Block 3, EAGLE RIDGE AT HENNEPIN
VILLAGE FOUR("Lot 4, Block 3"), according to the recorded plat thereof.
2. Release of Agreement as to Lot 3, Block 2. Effective immediately, the Agreement is
terminated in all respects as to Lot 3, Block 2. Said Lot 3, Block 2 shall no longer be
considered a Restricted Lot.
3. Effect on Agreement. Except as otherwise expressly set forth herein, the Agreement shall
remain in full force and effect as to Lot 4, Block 3.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment of Affordable
Housing Regulatory Agreement to be executed by their respective duly authorized representatives as of
this day of , 2007.
THE RYLAND GROUP, INC., a Maryland
corporation
By:
Its:
CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation
By:
Its:
And:
Its:
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007, by
, the of The Ryland Group, Inc., a Maryland
corporation, for an on behalf of such corporation.
Notary Public
STATE OF MINNESOTA )
) ss:
COUNTY OF Hennepin )
The foregoing instrument was acknowledged before me this day of April, 2007, by
and , being the and
, respectively, of the City of Eden Prairie, a Minnesota municipal corporation,
for an on behalf of such municipal corporation.
Notary Public
- 2 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.V.
Rick Wahlen Award of Contract for Baker Road
Public Works/Utilities Water Storage Control Improvement
Project
Requested Action
Move to: Award contract for the Baker Road Water Storage Control Improvement Project to
Prairie Electric of Eden Prairie, in the amount of$29,942.
Synopsis
Proposals for constructing a new reservoir water control system at Baker Reservoir were
received on April 10, 2007. This project is required to help the municipal water system better
meet the daily demands of the summer irrigation season. The low bid for this project comes from
Prairie Electric of Eden Prairie, in the amount of$29,942. My recommendation to the Council is
to approve the award of the construction contract to Prairie Electric. The funds for this project
will be paid from the Water Utility Enterprise Fund for capital improvements.
Background Information
Last summer was a very challenging time for Eden Prairie with respect to maintaining an
adequate supply of water in our community water reservoirs. Due to extended periods of
operation with our reservoir system seriously stressed by the demands of irrigation, we decided
to find out how to improve the system we have to meet this demand. On November 14, 2006 the
City of Eden Prairie entered into an engineering agreement with Advanced Engineering and
Environmental Services, Inc. to evaluate the performance of our water storage reservoirs,
resulting in a plan to improve the water in-flow control at Baker Reservoir at an estimated cost of
$29,335. On March 19, 2007, requests for proposals were sent to six qualified contractors. Five
contractors fully expected to submit a proposal; however, due to an increased spring-time project
load, only two of the six contractors were able to submit proposals.
Attachments
Advanced Engineering and Environmental Services, Inc. recommendation letter
'V
www.ee2s.00rn
Via Facsimile (952)949-8390 and U.S. Mail
April 11, 2007
Rick Wahlen
Water Treatment Plant Operations Manager
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
Re: Quotations for Baker Road Water Storage Control Improvements Project
Eden Prairie, MN
Dear Rick:
Quotes were received from two contractors on April 10, 2007 for the above-referenced project.
Please find the attached quotation forms received from Prairie Electric and Magney
Construction. Review of the attached quotation forms indicates that the low bidder for the Total
Work (both Mechanical and Electrical) was Prairie Electric of Eden Prairie, MN with a quote of
$29,942.00. The following table contains a summary of the quotes and a comparison to the
Engineer's estimate of construction costs:
Quotation Item Prairie Electric Magnet' Engineer's
• ::•;.Construction Estimate
Mechanical Work $ 17,722.00
Electrical Work $ 12,220.00 $ 'i ,925.00
Total $: 29,942 00 3Q,200.00 $ 29,336 04 z,
Following City of Eden Prairie's concurrence and willingness•to proceed with the project, and r.
based on AE2S's review of`.the above informatio.r , AE2S recommends that the Cl of.Eden
Prairie award the construction contract to Prairie Electric In the amount of$29,942 00 =
rA '
•
Thank you for the opportunity to perform professional engineering :services on this impol�ta t ,5 ' :
project for the City of Eden Prairie :Should you have any questions or require additionalrr elv
information, please call me at (763)463.5436 -t, 0e z
In Spirit of Service,
Advanced Engineering and
Environmental Services, tric
•
Lima S. Vempati, P.E. K�
Project Engineer •
Enclosures `� '
L..\Cft of Eden Prgfile\Baker gotitt.fty,pferTower Controls\Award Recommendation Ltr 041107.doc •
f w`A arcedngin Eeering and Environmental Services, Inc.
6901 East Fis`li lakeoai� FitB184•Water Tower Place Business Center•Maple Grove,MN 55369 5457
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.W.
Office of City Manager Approve Hardware Purchase and Support
Lisa Wu, IT Agreement with Berbee for upgrade of
network switches
Requested Action
Move to: Approve Hardware Purchase and Support Agreement with Berbee for the upgrade of 3
Cisco 4506 Modular Switches for a total of$53,275.93.
Synopsis
Berbe submitted the lowest of four quotes and is on the state contract.
Implementation of the new Cisco switches will improve customer service and efficiency by
increasing network throughput, minimizing network downtime, and simplifying the migration to
VoIP phones. With the increased use of GIS, Document Imaging, VoIP, and many other
technologies we are placing an ever-increasing demand on our network infrastructure. This
purchase will help meet growing demands. Funding for network upgrades were included in the
2007 budget.
Attachments
Berbee Quote
BERBEE Price Quotation Berbee
A cDMpnNv 7145 Boone Ave N.Suite 1
Brooklyn Park,MN 55428
To: City of Eden Prairie 763.592.5800-Phone
Ryan Browning 763.535.7428-Fax
Project:Cisco Quote with Trade-Option 1
Quote#:031307a-ael Date: 13-Mar-07
Quote Valid Until: 12-Apr-07
*Berbee Confidential
Extended Customer Extended
Qty Part# Description List Price List Price Price Price
1 WS-C4506 Catalyst 4500 Chassis(6-Slot),fan,no p/s 4,995.00 4,995.00 2,959.54 2,959.54
1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
1 PWR-C45-2800ACV/2 Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
2 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug - - - -
1 WS-X4013+ Catalyst 4500 Supervisor II-Plus(IOS),2GE,Console(RJ-45) 5,995.00 5,995.00 3,552.04 3,552.04
1 S451PBK9-12231SGA Cisco CAT4500 IOS IP BASE SSH - - - -
1 WS-X4548-GB-RJ45V Catalyst 4500 PoE 802.3af 10/100/1000,48-Ports(RJ45) 7,495.00 7,495.00 4,440.79 4,440.79
1 CON-SNT-WS-C4506 8x5xNBD Svc^for Catalyst 4506R Series Modular Switch 1,760.00 1,760.00 1,408.00 1,408.00
Estimated Lead Time:21 Business Days
1 WS-C4506 Catalyst 4500 Chassis(6-Slot),fan,no p/s 4,995.00 4,995.00 2,959.54 2,959.54
1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
1 PWR-C45-2800ACV/2 Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
2 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug - - - -
1 WS-X4013+ Catalyst 4500 Supervisor II-Plus(IOS),2GE,Console(RJ-45) 5,995.00 5,995.00 3,552.04 3,552.04
1 S451PBK9-12231SGA Cisco CAT4500 IOS IP BASE SSH - - - -
3 WS-X4548-GB-RJ45V Catalyst 4500 PoE 802.3af 10/100/1000,48-Ports(RJ45) 7,495.00 22,485.00 4,440.79 13,322.37
1 CON-SNT-WS-C4506 8x5xNBD Svc^for Catalyst 4506R Series Modular Switch 1,760.00 1,760.00 1,408.00 1,408.00
Estimated Lead Time:21 Business Days
1 WS-C4506 Catalyst 4500 Chassis(6-Slot),fan,no p/s 4,995.00 4,995.00 2,959.54 2,959.54
1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
1 PWR-C45-2800ACV/2 Catalyst 4500 2800W AC Power Supply(Data and PoE) 1,995.00 1,995.00 1,182.04 1,182.04
2 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug - - - -
1 WS-X4515 Catalyst 4500 Supervisor IV(2 GE),Console(RJ-45) 11,995.00 11,995.00 7,107.04 7,107.04
1 S451PBK9-12231SGA Cisco CAT4500 IOS IP BASE SSH - - - -
1 WS-X4548-GB-RJ45V Catalyst 4500 PoE 802.3af 10/100/1000,48-Ports(RJ45) 7,495.00 7,495.00 4,440.79 4,440.79
1 CON-SNT-WS-C4506 8x5xNBD Svc^for Catalyst 4506R Series Modular Switch 1,760.00 1,760.00 1,408.00 1,408.00
Estimated Lead Time:21 Business Days
3 TRN-CLC-000 10 Prepaid Training Credits:Redeem W/Cisco Learning Partners 1,000.00 3,000.00 - -
Cisco Trade In(2)4006 Chassis w/PS and Sup II (3,334.00)
To receive this trade-in credit,you must return all items traded-in to a Cisco designated location within 90 days after receipt of
the replacement configuration as itemized above.In the event you do not return the trade-in equipment within 90 days,
Berbee will invoice you for the trade-in credit amount.Payment for the trade-in credit amount is negotiable during phased rollouts
Equipment Total $ 96,695.00 $53,275.93
Payment Terms:Net 30 Steve Tatge,Berbee Accot
FOB Point:Origin steve.tatge�)n,berbee.com
Taxes:Responsibility of Customer(If Applicable)
Shipping: Responsibility of Customer
Warranty: 90 Days
Term: Net 30
FOB: Origin
Quote Valid: 30 Days Berbee Information Networks
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.X.
Scott H. Neal, City Manager Award contracts 2B, 2C, 6A, 7A, 7B, 8A,
9A, 9C, 13C, 15A, and 15B for the
Community Center Project
Requested Action
Move to award contracts 2B, 2C, 6A, 7A, 7B, 8A, 9A, 9C, 13C, 15A, and 15B for the
Community Center Project as recommended by RJM Construction in their April 12, 2007,
recommendation letter.
Synopsis
At the Council's March 27 special meeting, the construction manager for the Community Center
Project, RJM, told the Council that it would be necessary for the Council to make additional
contract awards at the April 17 meeting. Attached to this cover memo is a letter from RJM dated
April 12 which recommends the Council award eleven contracts for the project. The contracts
are outlined in Exhibit 1 attached to the RJM letter. The eleven contracts included in this
motion are within our expectations. Staff concurs with the recommendation from the
construction manager and recommends award of the contracts.
Attachments
Letter and spreadsheets from RJM
t „gr,
.„,./.„.i
CONSTRUCTION
April 12, 2007
Ms. Laurie Obiazor
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Eden Prairie Community Center
Recommendations for Award of Contracts—Bid Package 1 (Partial)
City Council Meeting—April 17, 2007
Dear Laurie,
RJM Construction (RJM) has completed its review of the bids received on March
15, 2007 for Bid Package 1. In addition to the bid reviews, we have also
conducted scope reviews with the apparent low bidders from each bid category.
Based on the results of these reviews we recommend to the City Council that they
award the contracts for eleven (11) of the public Bid Categories as listed on the
attached Exhibit 1.
The recommended contractor for award of Bid Category 2C — Landscaping is
Peterson Companies. The lowest bid received on the day of the bid was from
Greenworks, Inc. However, Greenworks has requested that their bid be rescinded
due to a mistake made when preparing their bid. Based on this information and
the substantial difference in their bid when comparing to the others received, RJM
Construction recommends that the award be made to the next lowest bidder,
Peterson Companies.
Additionally, the recommended contractor for award of Bid Category 15A —
Plumbing and Piping Systems is Master Mechanical. The lowest bid received
on the day of the bid was from Bredahl Plumbing, Inc. However, Bredahl
Plumbing has also requested that their bid be rescinded due to a mistake made
when preparing their bid. Based on this information and the substantial difference
in their bid when comparing to the others received, RJM Construction
5455 HWY.169 recommends that the award be made to the next lowest bidder, Master
PLYMOUTH,MN 55442
Mechanical.
PHONE 763-383-7600
FAX 763-383-7601
www.rjrnconstruction.com
Tr"
r 1
CONSTRUCTION
When preparing the project budget, RJM Construction recognized the mistakes
made by the lowest bidders for these two Bid Categories and included the costs of
Peterson Companies and Master Mechanical. Therefore, the previously approved
project budget by the City Council will not be affected by the awards to these next
two lowest bidders.
The remaining Bid Categories not referenced in this information will be presented
to the City Council on May 1, 2007. These recommendations will also include
the public bids being received on April 19th for Precast Structural Concrete,
Baseball Field Netting and Electrical Systems.
If you should have any questions, please feel free to contact me.
Sincerely,
\r.lc eC. L
Brian G. Recker
Vice President
5455 HWY.169
PLYMOUTH,MN 55442
PHONE 763-383-7600
FAX 763-383-7601
www.dmconstruction.com
EXHIBIT 1
April 11,2007
Bid Package 1
RJM Recommended Bid Categories for Award-City Council Meeting April 17,2007
Alternates Accepted 1A,4B,7A,7B,13C,M-2
Public Bid Categories
2B-Balifield Grading/Soil/Driantile Systems Glen Rhebein $ 237,000
2C-Landscaping/litigation Peterson Companies $ 185,873
6A-Carpentry/Specialties/Selective Demolition Kellington Construction $ 308,600
7A-Metal Wall Panels/Metal Panel Roofing Specialty Systems $ 78,474
7B-Roofing/Sheetmetal/Accsessories Peterson Brothers $ 697,100
8A-Door and Hardware Systems Kendell Doors and Hardware $ 102,317
9A-Gypsum Board Systems/Plaster/Fireproofing Minuti Ogle $ 320,750
9C-Painting Steinbrecher Painting $ 127,615
13C-Bleacher Replacement Seating and Athletic Facilities $ 210,506
15A-Plumbing and Piping Systems Master Mechancial $ 1,006,500
15B-HVAC and Control Systems Master Mechancial $ 1,226,229
Total of Recommendations for Award $ 4,500,964
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 2B Baseball Field Sitework/Grading/Draintile Systems
Contractor Bid Amount Addendums Noted Bid Security
Glen Rheibein Co. $ 237,000 1 thru 4 Y N
Max Steineger $ 244,248 1 thru 5 Y N
Ramsey Excavating $ 257,800 1 thru 5 Y N
Veit&Co. $ 284,400 1 thru 5 Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 2C Landscaping/Irrigation Systems
Contractor Bid Amount Addendums Noted Bid Security Alt#la
Greenworks $ 124,679 1 thru 4 Y N
Peterson $ 185,873 1 thru 5 Y N
Minnesota Valley $ 205,000 1 thru 4 Y N $ (4,200)
North Metro Landscaping $ 212,676 1 thru 5 Y N
All Season Landscaping $ 224,900 1 thru 4 Y N
Hartman $ 232,482 1 thru 5 Y N
L&K Landscaping $ 334,900 Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 6A Carpentry/Specialties/Selective Demolition/Temp Partitions
Contractor Bid Amount Addendums Noted Bid Security Alt#la Alt#4b
Kellington Construction $ 287,100 1 thru 4 Y N $ 21,500
Maertens-Brenny $ 313,700 1 thru 5 Y N $ 37,875 $ 5,000
J. Eiden Construction $ 342,600 1 thru 5 Y N $ 21,000
George F Cook $ 358,400 1 thru 5 Y N $ 48,300 $ 9,100
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 7A Metal Wall Panels/Metal Panel Roofing
Contractor Bid Amount Addendums Noted Bid Security
Specialty Systems $ 78,474 1 thru 5 Y N
MG McGrath $ 84,022 1 thru 5 Y N
Minnetonka Architectural $ 90,722 1 thru 5 Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date:Thursday, March 15,2007 Bid Category: 7B Roofing/Sheet Metal/Accessories
Contractor Bid Amount Addendums Noted Bid Security Alt#la Alt#7a Alt#7b Alt#13c
Peterson Bros. $ 285,000 1 thru 5 Y N $ 213,330 $ (9,930) $ 208,700
Dalco Roofing $ 347,060 1 thru 5 Y N $ 185,600 $ 16,500 $ 1,900 $ 185,600
John A. Dalsin&Son $ 430,890 1 thru 5 Y N $ 310,480 $ (19,723) $ 257,305
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 8A Door&Hardware Systems
Contractor Bid Amount Addendums Noted Bid Security Alt#la
Kendell $ 73,996 1 thru 4 Y N $ 28,321
Glewwe Doors $ 78,800 1 thru 5 Y N $ 28,400
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 9A Gypsum Board Systems
Contractor Bid Amount Addendums Noted Bid Security Alt#la Alt#4b
Minuti-Ogle $ 317,000 1 thru 5 Y N $ 3,750
AE Conrad Companies $ 394,000 1 thru 5 Y N $ 11,200 $ 3,000
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 9C Painting
Contractor Bid Amount Addendums Noted Bid Security Alt#la
Steinbrecher $ 94,450 1 thru 4 Y N $ 33,165
Swanson &Youngdale $ 114,788 1 thru 5 Y N $ 46,240
Dan Treb Painting $ 127,200 1 thru 5 Y N $ 69,900
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 13C Bleacher Replacement
Contractor Bid Amount Addendums Noted Bid Security Alt#4b
Seating &Athletic Facility $ 35,816 1 thru 5 Y N $ 174,690
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 15A Plumbing&Piping Systems
Contractor Bid Amount Addendums Noted Bid Security Alt#la Alt#13c Alt M-2
Bredahl Plumbing $ 688,400 1 thru 5 Y N $ 156,000 $ 35,000
Wenzel Plumbing $ 827,200 1 thru 5 Y N $ 183,000 $ 7,450
Master Mechanical $ 864,000 1 thru 5 Y N $ 138,000 $ 4,500
Southside Plumbing $ 895,400 1 thru 4 Y N $ 157,500 $ 11,100 $ 25,000
GR Mechanical $ 924,355 1 thru 5 Y N $ 142,000 $ 6,546 $ 15,140
Horwitz Mechanical $ 993,600 1 thru 5 Y N $ 159,000 $ 15,000
Nothern Air Corp. $ 1,177,000 1 thru 5 Y N $ 195,000 $ 8,000
Gorham Oien Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Eden Prairie Community Center
Bid Tabulation Form
Bid Date: Thursday, March 15, 2007 Bid Category: 15B HVAC&Control Systems
Contractor Bid Amount Addendums Noted Bid Security Alt#la Alt#13c Alt M-2
Master Mechanical $ 944,735 1 thru 5 Y N $ 276,954 $ 2,440 $ 2,100
Schadegg Mechanical $ 988,000 1 thru 5 Y N $ 298,000 $ 3,000
Northern Air Corp $ 1,022,500 1 thru 5 Y N $ 317,000 $ 2,200
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
Y N
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Public Hearing
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Public Hearing on reissue of City Council-IX.A.
City Manager/Finance Obligations as qualified 501 (c)(3)
bonds (Community Center)
Requested Action
Move to:
Adopt resolution to reissue the City Obligations as qualified 501(c)(3) bonds pursuant to the
provisions of the Code. In addition, for purposes of Section 147(f) of the Code, the City
approves the reissuance of the HRA Obligations and the issuance of the 2007A Bonds.
Synopsis
The Council is requested to approve the "reissuance" of certain bonds previously issued by the
City and the HRA (the "Prior Obligations") to finance portions of the Eden Prairie Community
Center. Pursuant to the Third Ice Rink Rental Agreement proposed to be entered into between
the City and the Eden Prairie Hockey Association (the "Hockey Association"), the Hockey
Association will lease significant amounts of ice time in addition to the ice time already rented
by it and other parties. Since usage of this volume and nature was not anticipated at the time of
issuance of the Prior Obligations, the Prior Obligations were issued as governmental bonds,
rather than as qualified 501(c)(3) bonds. The Internal Revenue Code permits the Prior
Obligations to be "reissued" as qualified 501(c)(3) bonds, but only following a duly noticed
public hearing.
The original terms of the Prior Obligations will remain in place and therefore the debt service is
not impacted.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION AUTHORIZING REISSUANCE AND
ISSUANCE OF OBLIGATIONS FOR COMMUNITY CENTER PROJECT
BE IT RESOLVED, by the City Council (the "Council") of the City of Eden Prairie,
Minnesota(the "City"), as follows:
SECTION 1. Recitals.
1.1. The Council has received a proposal that the City reissue as qualified 501(c)(3)
bonds its General Obligation Bonds, Series 2005C, issued and outstanding in the principal
amount of$4,920,000 and dated, as originally issued, as of December 1, 2005 and its General
Obligation Bonds, Series 2006A, issued in the original principal amount of$8,425,000 and
outstanding in the principal amount of$7,975,000 and dated, as originally issued, as of January
1, 2006 (together, the "City Obligations"). The Housing and Redevelopment Authority in and
for the City of Eden Prairie (the "HRA") also proposes to reissue the Lease Revenue Refunding
Bonds (City Hall and Community Center Projects), Series 2002A(the "HRA Obligations";
together with the City Obligations, the "Prior Obligations"). The HRA further proposes to issue
its Public Facility Lease Revenue Bonds, Series 2007A, in a principal amount not to exceed
$1,800,000 (the "2007A Bonds"). The Obligations are proposed to be reissued, and the 2007A
Bonds are proposed to be issued,pursuant to the requirements of the Internal Revenue Code of
1986, as amended, and the regulations promulgated thereunder(the "Code"), for the purpose of
financing or refinancing a portion of the cost of various community-wide improvements
including improvements to the City's community center,park land acquisition and trails (the
"Project"). The portion of the Project constituting the community center(the "Community
Center Project") is located at 16700 Valley View Road, Eden Prairie, Minnesota 55346. The
Community Center is expected to be used by the general public, the City and qualified 501(c)(3)
organizations including but not limited to the Eden Prairie Hockey Association.
1.2. At a public hearing, duly noticed and held on the date hereof, in accordance with
Section 147(f) of the Code on the proposal to reissue the Obligations and issue the 2007A Bonds
as qualified 501(c)(3)bonds, all parties who appeared at the hearing were given an opportunity
to express their views with respect to the proposal, and interested persons were given the
opportunity to submit written comments to the City Clerk before the time of the hearing.
SECTION 2. FINDINGS AND APPROVAL. The City hereby finds and resolves that:
based on the public hearing, such written comments (if any) and such other facts and
circumstances as the City Council deems relevant, the City Council finds that it would be
desirable and in the best interest of the City to reissue the City Obligations as qualified 501(c)(3)
bonds pursuant to the provisions of the Code. In addition, for purposes of Section 147(f) of the
Code, the City approves the reissuance of the HRA Obligations and the issuance of the 2007A
Bonds.
SECTION 3. Information Required. The City Clerk and other officers of the City are
authorized and directed to prepare and furnish to bond counsel to the City certified copies of all
proceedings and records of the City relating to the refinancing and financing of the Project and
the reissuance of the Obligations and issuance of the 2007A Bonds as qualified 501(c)(3)bonds,
and such other affidavits and certificates as may be required to show the facts appearing from the
books and records in the officers' custody and control or as otherwise known to them; and all
such certified copies, certificates and affidavits, including any heretofore furnished, shall
constitute representations of the City as to the truth of all statements contained therein.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE: April 17, 2007
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Lock Up PUD Amendment
Development/Planning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 2.11 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Commercial Regional Service Zoning
District on 2.11 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
On December 19, 2006, the City Council approved a Development Agreement for the Lock Up
project. The approved plan is for a 71,187 square foot self-storage building. The city granted a
waiver for a floor area ratio of 0.78 and a parking waiver from 427 spaces to 9 spaces.
The proposed amendment shows a 72,726 square foot building. The applicant is requesting a
floor area ratio waiver to 0.7936 and required parking waiver from 437 spaces to 9 spaces.
The 120-Day Review Period Expires on June 22, 2007.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the project at the March 12,
2007 meeting.
Attachments
Resolutions
Staff Report
Location Map
Guide Plan& Zoning Maps
Planning Commission Minutes
(THE) LOCK UP PUD AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF LOCK UP PUD AMENDMENT
FOR BRB DEVELOPMENT
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on March 12, 2007,
on Lock Up PUD Amendment by BRB Development and considered their request for approval
of the PUD Concept plan and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on April 17, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Lock Up PUD Amendment, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated April 17, 2007.
3. That the PUD Concept meets the recommendations of the Planning Commission
March 12, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- (Lock Up PUD Amendment)
Legal Description:
Lot 1, Block 1, Minnesota Tree 3rd Addition
STAFF REPORT
TO: Planning Commission
FROM: Regina Herron, Planner II
DATE: March 9, 2007
PROJECT: The Lock Up PUD Amendment
LOCATION: 12995 Valley View Road
APPLICANT/ BRB Development LLC/
OWNER: Lock Up-Evergreen Development Series LLC
120 DAY REVIEW: Expires June 22, 2007
REQUEST: • Planned Unit Development Concept Amendment on 2.11 acres
• Planned Unit Development District Review with waivers on 2.11
acres
• Zoning District Amendment within the Commercial Regional Service
Zoning District on 2.11 acres
• Site Plan Review on 2.11 acres
Staff Report—The Lock Up
March 9,2007
Page 2
BACKGROUND
On December 19, 2006, the City Council approved the Lock Up Development Project. The
approved plan is for a 71,187 square foot self-storage building.
The following PUD waivers were granted as part of the approved project:
1. A floor area ratio of 0.78. City code permits up to a 0.40 floor area ratio in the
Commercial Regional Service zoning district.
2. Required parking from 427 spaces to 9 spaces.
REVISED PLAN
The applicant wants to make the building larger than the approved plan. The proposed plan
shows a 72,726 square foot building. Since the City approved a waiver based on a site plan with
a specific building square footage, the staff does not have the authority to approve a larger
building.
The following waivers are requested as part of the amendment:
1. A floor area ratio of 0.7936. City code permits up to a 0.40 floor area ratio in the
Commercial Regional Service zoning district.
2. Required parking from 437 spaces to 9 spaces.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
1. Planned Unit Development Concept Amendment on 2.11 acres
2. Planned Unit Development District Review with waivers on 2.11 acres
3. Zoning District Amendment within the Commercial Regional Service Zoning District on
2.11 acres
4. Site Plan Review on 2.11 acres
This is based on plans stamp dated February 27, 2007, and the following conditions:
1. Prior to grading permit issuance, 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.
B. Notify the City and Watershed District 48 hours in advance of grading.
C. Install erosion control at the grading limits.
Staff Report—The Lock Up
March 9,2007
Page 3
2. Prior to building permit issuance for the property, the proponent shall:
A. Review the plans with the Fire Marshal
3. The following waiver is granted through the PUD for the project:
A. A floor area ratio of 0.7936. City code permits up to a 0.40 floor area ratio in the
Commercial Regional Service zoning district.
B. Required parking from 437 spaces to 9 spaces.
Area Location Map - The Lock Up
Address: 12995 Valley View Road
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Low Density Residential 0-2.5 Units/Acre I-1 Neighborhood Commercial Principal Arterial
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i High Density Residential 10-40 UnitslAcre 1 Public/Quasi-Public - Minor Collector I '� .-..
Office -Church/Cemetery
VAOffice/Industrial Open Water DATE Approved 03•19.03
A Office/Public/Open Space { 1 Right-Of-Way DATE Revrsedal-07-es
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Zoniing Map
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Rural One Family-10 acre min. -Highway Commercial Shoreland Management Classifications
I R1-44 One Family-44,000 sf.min. -Regional Service Commercial hm l Natural Environment Waters
1 R1-22 One Family-22,000 sf min. 1.Regional Commercial Recreational Development Waters
I cnl General Development Waters(Creeks Only) ''I, ..y ,;.- t
I R1-13.5 One Family-13,500 sf min. I I Industrial Park-2 Acre Min,
177A 100 Year Floodplain E D E N
R1-9.5 One Family-9,500 sf min. M Industrial Park- 5 Acre Min. Highway#312 West of County Road#4 is proposed,not constructed at this time.
1 RM-6.5 Multi-Family-6.7 U.P.A.max. -General Industrial-5 Acre Min. Up dated through Ordinance#09-2005
IIIIII RM-2.5 Multi-Family-17.4 U.P.A.max-I I Public Ordinance#33-2001(6FI Addition)approved,but not shown on this map edition PRAT R I E
I Office 1 I Water Date:June 24,2005
I Neighborhood Commercial I I Right-of-Way --rid xM'„V.on�a.A Een ssfcaP.,. cow nzw-il pre eosram,
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A
PLANNING COMMISSION MINUTES
March 12, 2007
Page 1
LOCK UP PUD AMENDMENT
Request for:
Planned Unit Development concept Amendment on 2.11 acres; Planned
Unit Development District Review with waivers on 2.11 acres; Zoning
District Amendment within the Commercial Regional Service Zoning
District on 2.11 acres; Site Plan Review on 2.11 acres.
Peter Beck, attorney for BRB Development,presented the proposal. He
stated on December 19, 2006, the City Council approved the Lock Up
Development with a 71,187 square foot self-storage building. They are
here tonight to request a 72,726 square foot building. He stated the
engineering changes would be very minimal and all the other items would
stay the same.
Pitzrick speculated on the north elevation that it would appear there is a
change in the sign and asked Mr. Beck if that was correct. Mr. Beck
stated there would be no change in the sign.
Stoelting asked Herron to review the staff report. Herron stated the Staff
recommends approval based on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Rocheford, seconded by Pitzrick, to close the public
hearing. Motion carried 7-0.
MOTION by Rocheford, seconded by Pitzrick, to recommend approval of
the Planned Unit Development Concept Amendment on 2.11 acres;
Planned Unit Development District Review with waivers on 2.11 acres;
Zoning District Amendment within the Commercial Regional Service
Zoning District on 2.11 acres; and Site Plan Review on 2.11 acres based
on plans stamped dated February 27, 2007, and the staff report dated
March 9, 2007. Motion carried 7-0.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 161882— 162702
Wire Transfers 2643- 2667
City of Eden Prairie
Council Check Summary
4/17/2007
Division Amount Division Amount
General 124,496 502 Park Development 59,961
100 City Manager 2,423 503 Utility Improvement 33,231
101 Legislative 3,058 506 Improvment Bonds 1996 563
102 Legal Counsel 95,601 509 CIP Fund 37,179
110 City Clerk 1,533 511 Construction Fund 19,468
111 Customer Service 16,832 515 Fire Station#4 58,884
112 Human Resources 4,795 517 212/Charlson Intersection 91,193
113 Communication Services 9,802 519 Community Center Referendum 67,818
114 Benefits&Training 9,130 520 Parks Referendum 9,453
115 Risk Management 20 521 Trails Referendum 9,627
116 Facilities 105,857 522 Improvement Projects 2006 4,381
117 City Center 149,802 601 Prairie Village Liquor 202,514
130 Assessing 1,015 602 Den Road Liquor 255,828
131 Finance 168 603 Prairie View Liquor 208,366
132 Social Services 2,105 605 Den Road Building 108,790
133 Planning 10,093 701 Water Fund 163,626
134 Heritage Preservation 160 702 Sewer Fund 238,410
135 Information Technology 22,283 703 Storm Drainage Fund 11,020
136 Public Safety Communications 4,565 802 494 Commuter Services 1,340
137 Economic Development 181 803 Escrow Fund 64,586
138 Community Development Admin. 468 806 SAC Agency Fund 1,675
150 Park Administration 1,456 807 Benefits Fund 1,047,964
151 Park Maintenance 22,913 810 Workers Comp Insurance 288
153 Organized Athletics 6,470 *** US Bank 14,014
154 Community Center 22,511
156 Youth Programs 760 Report Totals 4,149,785
157 Special Events 0
158 Adult Recreation 4,583
159 Recreation Administration 7,302
160 Therapeutic Recreation 666
161 Oak Point Pool 9,963
162 Arts 4,441
163 Outdoor Center 2,293
164 Park Rental Facilities 111
180 Police 34,720
183 Emergency Preparedness 264
184 Fire 32,241
185 Animal Control 904
186 Inspections 43
200 Engineering 2,364
201 Street Maintenance 20,534
202 Street Lighting 123,087
203 Fleet Services 133,495
204 Equipment Revolving 19,460
300 Heritage Preservation Grants 2,080
301 CDBG 2,918
303 Cemetary Operation 500
304 Senior Board 849
308 E-911 1,522
315 Economic Development 21,553
316 WAFTA 172
416 Certificate Debt Fund 192,355
418 HRA 2002A Lease Revenue Bonds 1,050
421 2003A Park Bonds Refunding 431
423 2003C Open Space Bonds 431
425 Bldg Refunding Bonds 2004 199,314
429 G.O.Improvement Bonds 2005C 1,469
City of Eden Prairie
Council Check Register
4/17/2007
Check# Amount Vendor/Explanation Account Description Business Unit
2643 18,027 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2644 6,458 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2645 65,043 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
2646 11,692 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2647 16,341 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2648 96,867 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2649 28,264 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2650 147,483 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2654 14,014 US BANK
2655 11,946 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2656 16,296 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2657 99,800 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2658 27,609 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2659 144,109 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2660 18,170 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2661 12,044 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2662 16,346 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2663 98,773 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2664 29,973 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2665 154,971 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2666 192,355 ANCHOR BANK Principal $890,000 G.O.Cert.of Indebt
2667 199,314 ANCHOR BANK Principal Bldg Refunding Bonds 2004
161882 1,744 4IMPRINT Special Event Fees Prairie View Liquor Store
161883 283 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
161884 59 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM
161885 99 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control
161886 90 ALLIED ELECTRONICS INC Operating Supplies Emergency Preparedness
161887 7,110 ALTERNATIVE BUSINESS FURNITURE Contract Svcs-General Bldg Furniture
161888 468 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin.
161889 1,338 AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering
161890 230 AMERICAN RED CROSS Recreation Supplies Pool Lessons
161891 216 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General
161892 168 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
161893 797 AMSAN BRISSMAN-KENNEDY Operating Supplies Community Center Maintenance
161894 740 ANCHOR PAPER COMPANY Office Supplies Police
161895 192 ANCHOR PRINTING COMPANY Printing Police
161896 895 ARSENAULT ASSOCIATES Software Fleet Services
161897 43 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services
161898 347 ASPEN MILLS Protective Clothing Fire
161899 1,316 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services
161900 450 BCA BTS Tuition Reimbursement/School Police
161901 6,388 BELLBOY CORPORATION Liquor Prairie Village Liquor Store
161902 27 BINO,SUSAN Program Fee Red Hat
161903 159 BLUE TOW SERVICE Other Contracted Services Police
161904 333 BOLD,PAULINE Instructor Service Outdoor Center
161905 160 BOYER TRUCKS Equipment Parts Fleet Services
161906 27 BREDOW,VERNETT Program Fee Red Hat
161907 114 BRINK,PATRICK Mileage&Parking Communication Services
161908 48 BRUENING,CHARLOTTE Program Fee Trips
161909 722 BUNCH,DENISE H Other Contracted Services Fitness Classes
161910 177 CAMPOS,LORI Instructor Service Outdoor Center
161911 641 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police
161912 27 CHRISTENSEN,MARJORIE Program Fee Red Hat
161913 2,329 CLAREYS INC Instructor Service Utility Operations-General
161914 404 COLOR PRINTING Printing Police
161915 2,112 COMMISSIONER OF TRANSPORTATION Improvement Contracts Construction Fund
161916 652 CORPORATE EXPRESS Office Supplies General
161917 596 CRUISERS Repair&Maint.Supplies Fleet Services
161918 280 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
161919 34 CULLIGAN-METRO Other Contracted Services Outdoor Center
161920 67 CUMMINGS,KIM Mileage&Parking Fire
Check# Amount Vendor/Explanation Account Description Business Unit
161921 4,639 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
161922 199 DAHL,GAYLE Special Event Fees Red Hat
161923 8,646 DAY DISTRIBUTING Beer Prairie View Liquor Store
161924 27 DEGENSTEIN,RUTH Program Fee Red Hat
161925 241 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin
161926 99,715 DELANO ERICKSON ARCHITECTS Building Parks Referendum
161927 612 DELEGARD TOOL CO Operating Supplies Reserves
161928 2,565 DESIGNWRITE STUDIOS Other Contracted Services Community Brochure
161929 500 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary
161930 27 DOVER,RUTH Program Fee Red Hat
161931 27 DREKE,JANET Program Fee Red Hat
161932 555 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing Public Works/Parks
161933 2,609 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
161934 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire
161935 2,255 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
161936 100 ENG,RICHARD Refunds Environmental Education
161937 171 ERNST,DOUGLAS Clothing&Uniforms Park Maintenance
161938 536 ESCHELON TELECOM INC Other Contracted Services Telephone
161939 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
161940 439 FERRELLGAS Gas Riley Lake
161941 693 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
161942 27 FORBROOK,CINDY Program Fee Red Hat
161943 535 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
161944 58 GINA MARIAS INC Operating Supplies Reserves
161945 839 GRAINGER Cleaning Supplies Utility Operations-General
161946 638 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
161947 3,416 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
161948 15,098 GRIGGS COOPER&CO Wine Domestic Prairie View Liquor Store
161949 97 GS DIRECT Operating Supplies Engineering
161950 27 HAGEN,MAIJA Program Fee Red Hat
161951 490 HAMMERS,SARAH Other Contracted Services Volleyball
161952 12,113 HANSEN THORP PELLINEN OLSON Other Contracted Services Crestwood Park
161953 15,857 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
161954 2,430 HAWKINS INC Treatment Chemicals Water Treatment Plant
161955 405 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance
161956 184 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
161957 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning
161958 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning
161959 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning
161960 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning
161961 88 HENNEPIN COUNTY TREASURER Operating Supplies Planning
161962 1,897 HENNEPIN COUNTY TREASURER Other Contracted Services Utility Improvement Fund
161963 395 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
161964 344 HENRY,PAUL Other Contracted Services Volleyball
161965 64 HESSEL,ZACK Clothing&Uniforms Police
161966 40 HICKMAN,JON Instructor Service Outdoor Center
161967 475 HOHENSTEINS INC Beer Prairie View Liquor Store
161968 10,448 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund
161969 88 HOLMES,DAVE Other Contracted Services Basketball
161970 684 HOLMES,JOHN CARTER Other Contracted Services Volleyball
161971 256 HOLMES,TOM Other Contracted Services Volleyball
161972 750 IACP/LEIM Tuition Reimbursement/School Police
161973 206 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant
161974 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
161975 1,880 ITS A KEEPER Employee Award Internal Events
161976 1,647 J H LARSON COMPANY Building Repair&Maint. Den Road Liquor Store
161977 333 JANEX INC Supplies-General Building City Center Operations
161978 100 JESTER,LAURA Refunds Environmental Education
161979 7,477 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store
161981 34,516 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
161982 27 JOHNSON,PATRICIA Program Fee Red Hat
161983 10 K HOVNANIAN HOMES Cash Over/Short General Fund
161984 5,035 KEEPERS Clothing&Uniforms Reserves
161986 27 KOHLS,ANNETTE Program Fee Red Hat
161987 538 KORSMO,ANNE Other Contracted Services Basketball
Check# Amount Vendor/Explanation Account Description Business Unit
161988 27 KOVALA,CAROL Program Fee Red Hat
161989 27 KREJCI,CLARA Program Fee Red Hat
161990 44 KROEGER,TARA L Other Contracted Services Volleyball
161991 181 KUSTOM SIGNALS INC Equipment Repair&Maint Police
161992 235 LAB SAFETY SUPPLY INC Operating Supplies City Hall-CAM
161993 2,842 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
161994 200 LARSON,ALLEN R. Mileage&Parking Police
161995 100 LARSON,CARRIE Refunds Environmental Education
161996 27 LAURO,ANNA Program Fee Red Hat
161997 54 LINDAHL,DAVID Mileage&Parking Economic Development
161998 42 LINDELL,MARY Events/Admission Fee Ice Show
161999 16 LUSIAN,WALTER Program Fee Preschool Events
162000 285 LYNN PEAVEY COMPANY Operating Supplies Police
162001 388 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
162002 100 MADSEN,JEFFREY Refunds Environmental Education
162003 9,147 MARK VII Beer Prairie View Liquor Store
162004 27 MCCARTHY,ARDIS Program Fee Red Hat
162005 134 MENARDS Capital Under$2,000 Fire Station#4
162006 3 MERLINS ACE HARDWARE Operating Supplies Street Maintenance
162007 4,271 METRO CLEANING Janitor Service Garden Room Repairs
162008 200 METRO FIRE Fire Prevention Supplies Fire
162009 1,715 METRO SALES INCORPORATED* Other Rentals General
162010 758 METROPOLITAN FORD Equipment Parts Fleet Services
162011 709 MIDWEST COCA COLA BOTTLING COM Beer Prairie Village Liquor Store
162012 1,308 MINNESOTA ATHLETIC Clothing&Uniforms Fire
162013 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Police
162014 58 MINNESOTA CHIEFS OF POLICE ASS Printing Police
162015 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance
162016 26 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
162017 1,466 MRCI Operating Supplies Park Maintenance
162018 765 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
162019 35 NEWPAPER LLC Operating Supplies Special Events&Trips
162020 14,147 NILSSEN,BETH Instructor Service Ice Show
162021 152 NORTHLAND BUSINESS SYSTEMS Other Contracted Services Police
162022 34 O'REILLY AUTO PARTS Equipment Parts Fleet Services
162023 31 OLSEN COMPANIES Operating Supplies Utility Operations-General
162024 27 OLSON,KAY Program Fee Red Hat
162025 70 PAM OIL INC Operating Supplies Emergency Preparedness
162026 27 PAULSEN,CAROLE Program Fee Red Hat
162027 2,051 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
162028 767 PEPSI COLA COMPANY Merchandise for Resale Concessions
162029 265 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology
162030 112 PETSMART Canine Supplies Police
162031 102 PETTY CASH-EPCC Miscellaneous Community Center Admin
162032 300 PETTY CASH-NICOLE WEEDMAN Petty Cash&Change Funds General Fund
162034 13,408 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
162035 420 PORTABLE STORAGE OF MN,INC Building Den Road Building
162036 12 POWERPLAN OIB Equipment Parts Fleet Services
162037 302 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks
162038 13 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance
162039 281 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
162040 104 PROTECTION ONE Other Contracted Services Cummins Grill
162041 185 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
162042 19,349 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
162043 600 RAY,LEE Other Contracted Services Basketball
162044 176 REID,DEVIN M Other Contracted Services Basketball
162045 616 RELIAKOR SERVICES INC Contracted Striping Capital Impr./Maint.Fund
162046 27 RICHARDSON,KATHY Program Fee Red Hat
162047 19 RICHFIELD,CITY OF Operating Supplies Fleet Services
162048 354 ROOT 0 MATIC Contract Svcs-Plumbing Community Center Maintenance
162049 1,989 RUMPCA CO INC Waste Disposal Tree Removal
162050 63 SCHUG,DIANA Program Fee Trips
162051 19 SEATON,ROBYN Operating Supplies Winter Theatre
162052 144 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
162053 4,688 SHANK CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
162054 27 SHIMANSKI,BERMA Program Fee Red Hat
162055 55 SNAP-ON TOOLS Small Tools Fleet Services
162056 90 SPORTS WORLD USA INC Merchandise for Resale Concessions
162057 4,451 SRF CONSULTING GROUP INC Deposits Escrow
162058 20,704 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
162059 912 STAN MORGAN &ASSOCIATES INC. Capital Under$2,000 Prairie Village Liquor Store
162060 70 STEINKRAUS PLUMBING INC Plumbing Permits General Fund
162061 1,443 STREICHERS Clothing&Uniforms Police
162062 18 SUBURBAN CHEVROLET Equipment Parts Fleet Services
162063 44 SUMPTER,CAROL Program Fee Trips
162064 459 SUN NEWSPAPERS Legal Notices Publishing City Clerk
162065 98 SWAGELOK Equipment Parts Water Treatment Plant
162066 802 TACKMIER,KARIE Other Contracted Services Broomball
162067 153 THERMEX CORP Mechanical Permits General Fund
162068 12,723 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
162069 54 TORNOE,JACQUELINE Operating Supplies Senior Board
162070 2,396 TRAFFIC CONTROL CORPORATION Capital Under$2,000 Fleet Services
162071 60 TRI-COUNTY ASSOCIATION Dues&Subscriptions Police
162072 27 TRUTNA,TONI Program Fee Red Hat
162073 2,344 U S BANK Paying Agent 2003A G.O.Park Refunding
162074 912 UNCOMMON GATHERINGS Operating Supplies Winter Theatre
162075 40 UNIFORMS UNLIMITED Clothing&Uniforms Police
162076 18 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
162077 518 VESSCO INC Equipment Parts Water Treatment Plant
162078 301 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
162079 7,765 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM
162080 1,799 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
162081 1,144 WATSON CO INC,THE Merchandise for Resale Concessions
162082 140 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
162083 45 WILLIAMS,GORDON Program Fee Trips
162084 1,310 WINE COMPANY,THE Wine Imported Den Road Liquor Store
162085 2,517 WINE MERCHANTS INC Transportation Prairie View Liquor Store
162086 172 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance
162087 324 WORKING FIRE TRAINING Tuition Reimbursement/School Fire
162088 1,476 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
162089 180 YOUNG,VALERIE Lessons&Classes Pool Lessons
162090 9 ZIEGLER INC Equipment Parts Fleet Services
162091 20 ADELMANN,CHARLES Other Revenue General Fund
162092 180 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Engineering
162093 100 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow
162094 22,886 GE FANUC AUTOMATION AMERICAS I Process Control Equipment Water Treatment Plant
162097 1,936 GENUINE PARTS COMPANY Repair&Maint.Supplies Storm Drainage
162098 371 HERNADEZ,RACHEL AR Utility Water Enterprise Fund
162099 10,416 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant
162100 52 JACKSON,DAN AR Utility Water Enterprise Fund
162101 59 KOPYAR,VICTORIA AR Utility Water Enterprise Fund
162102 40 MCA STUDENT SERVICES COMMITTEE Tuition Reimbursement/School Police
162103 169 NCPERS GROUP LIFE INSURANCE Salaries Payable General Fund
162104 82 PETERSON,DENNIS AR Utility Water Enterprise Fund
162105 53 SCHUCK,SCOTT AR Utility Water Enterprise Fund
162106 110 STAAF,CARTER Operating Supplies Reserves
162107 112 US POSTMASTER-HOPKINS Postage Community Brochure
162108 165 GENUINE PARTS COMPANY Equipment Parts Fleet Services
162109 1,448 ARCH WIRELESS Pager&Cell Phone Wireless Communication
162110 18,209 CENTERPOINT ENERGY Gas Fire Station#1
162111 57,918 CENTERPOINT ENERGY SERVICES IN Gas Public Works/Parks
162112 3,840 CENTURYTEL Telephone Telephone
162113 110 FRESHWATER SOCIETY Conference Expense Engineering
162114 383 FSH COMMUNICATIONS LLC Telephone Miller Park
162115 904 GE CAPITAL Other Rentals General
162116 100 MGWA Conference Expense Water Distribution
162117 350 MIAMA Conference Expense Recreation Administration
162118 2,106 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
162119 315 PETTY CASH-POLICE DEPT Travel Expense Police
162120 4,066 QWEST Telephone Sewer Liftstation
Check# Amount Vendor/Explanation Account Description Business Unit
162121 18 STATE OF MINNESOTA Operating Supplies Fleet Services
162122 180 UNIVERSITY OF MINNESOTA Conference Expense Tree Disease
162123 70 VERIZON WIRELESS Pager&Cell Phone Police
162124 95,954 XCEL ENERGY Electric City Hall-CAM
162125 1,524 NCT INC Conference Expense Information Technology
162126 260 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
162127 234 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police
162128 210 ACTIVAR Operating Supplies Utility Operations-General
162129 95 ADOLPH KIEFER Recreation Supplies Oak Point Lessons
162130 7,262 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund
162131 3,224 ALBECK GERKEN INC Design&Engineering Construction Fund
162132 392 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture
162133 28 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance
162134 310 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons
162135 210 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
162136 1,728 ANCHOR PRINTING COMPANY Printing Senior Center Administration
162137 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
162138 4,951 ASPEN WASTE SYSTEMS INC. Waste Disposal Parks Referendum
162139 676 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services
162140 1,081 AVI SYSTEMS INC Video&Photo Supplies Communication Services
162141 69,500 BAKER ASSOCIATES INC Building Den Road Building
162142 645 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
162143 10,495 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
162144 86 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance
162145 100 BOLD,PAULINE Instructor Service Outdoor Center
162146 910 BOSACKER,MIKE Tuition Reimbursement/School Organizational Services
162147 79 BOYER TRUCKS Equipment Parts Fleet Services
162148 100 BRAEGELMANN,JULIA Refunds Environmental Education
162149 25 BREDOW,VIRGIL Program Fee Trips
162150 228 BRYAN ROCK PRODUCTS INC Sand Water System Maintenance
162151 172 CAMPBELL KNUTSON,P.A. Legal WAFTA
162152 120 CAMPOS,LORI Instructor Service Outdoor Center
162153 603 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store
162154 780 CENTRAL REGION IPMA-HR Conference Expense Human Resources
162155 100 CHARLEY,GLORIA Refunds Environmental Education
162156 39 CHILDREN OF TOMORROW Open Fees Ice Arena
162157 135 COMCAST Dues&Subscriptions City Council
162158 528 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance
162159 182 CONNEY SAFETY PRODUCTS Office Supplies General
162160 96 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
162161 376 CORPORATE EXPRESS Office Supplies General
162162 197 COSTCO Operating Supplies Fire
162163 34 CULLIGAN-METRO Other Contracted Services Outdoor Center
162164 4,663 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
162165 7,891 DAY DISTRIBUTING Beer Prairie Village Liquor Store
162166 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
162167 2,190 DELL Other Hardware Fire Station#4
162168 34 DISH NETWORK Cable TV Community Center Admin
162169 19,228 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center
162170 582 DOHERTY,SANDRA L Other Contracted Services Volleyball
162171 2,400 DYNA SYSTEMS Repair&Maint.Supplies Water System Maintenance
162172 2,149 DYNAMIC IMAGING SYSTEMS INC Software Maintenance Information Technology
162173 3,467 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
162174 1,092 ECOLAB INC Contract Svcs-Pest Control Senior Center
162175 208 EGAN OIL COMPANY Lubricants&Additives Fleet Services
162176 33,205 EPA AUDIO VISUAL INC Other Hardware Fire Station#4
162177 92 ESBENSEN,GEORGE Operating Supplies Fire
162178 393 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations
162179 2,625 EXTENDO BED CO INC Machinery&Equipment Capital Impr./Maint.Fund
162180 250 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
162181 63 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Services
162182 33 FEDEX Postage Fire
162183 84 FREITAS,MARIA Events/Admission Fee Ice Show
162184 676 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
162185 311 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
Check# Amount Vendor/Explanation Account Description Business Unit
162186 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
162187 20 GENZ RYAN PLUMBING&HEATING Cash Over/Short General Fund
162188 25 GERTENS Conference Expense Park Maintenance
162189 153 GILLUND ENTERPRISES Equipment Parts Fleet Services
162190 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance
162191 293 GIRLS ON THE RUN Operating Supplies Girls on the Run
162192 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance
162193 118 GRAFIX SHOPPE Equipment Parts Fleet Services
162194 2,827 GRAINGER Repair&Maint.Supplies Fire Station#4
162195 257 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
162196 390 GREATAMERICA LEASING CORP. Other Rentals General
162197 25,838 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM
162198 29,885 GREYSTONE CONSTRUCTION COMPANY Building Den Road Building
162199 19,746 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store
162200 436 HALDEMANN HOMME INC Printing Assessing
162201 6,719 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr./Maint.Fund
162202 958 HARMON INC. Repair&Maint.Supplies Park Maintenance
162203 16,479 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
162204 173,443 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits
162205 497 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
162206 238 HENRY,PAUL Other Contracted Services Volleyball
162207 1,469 HLB TAUTGES REDPATH LTD Audit&Financial G.O.Improvement Bonds 2005C
162208 172 HOLMES,TOM Other Contracted Services Volleyball
162209 100 HUETHER,SHANE Refunds Environmental Education
162210 480 HYDRO-VAC INC Other Contracted Services Sewer Utility-General
162211 3 ICE SKATING INSTITUTE Operating Supplies Ice Arena
162212 9,428 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
162213 685 INSIGHT PUBLIC SECTOR Computers Water Distribution
162214 12 ISTATE Equipment Parts Fleet Services
162215 429 ITS A KEEPER Employee Award Internal Events
162216 163 J H LARSON COMPANY Contract Svcs-Electrical Community Center Maintenance
162217 421 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services
162218 8,376 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store
162219 27,677 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
162220 100 JORGENSEN,DAVID A Refunds Environmental Education
162221 96 KEATING,MARY Mileage&Parking Planning
162222 2,792 KEEPERS Clothing&Uniforms Reserves
162223 2,032 KORTERRA,INC Other Contracted Services Water System Maintenance
162224 48,130 LEAGUE OF MINNESOTA CITIES Legal Legal Council
162225 50 LINEHAN,LINDA Refunds Environmental Education
162226 47 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
162227 150 MAGC Awards Communication Services
162228 114 MAJOR,GARY R Travel Expense Organizational Services
162229 9,262 MARK VII Beer Prairie Village Liquor Store
162230 412 MARSHALL&SWIFT Operating Supplies Assessing
162231 969 MENARDS Capital Under$2,000 Fire Station#4
162232 2,769 MERIT PRINTING Printing Fire
162233 408 METRO SALES INCORPORATED* Other Rentals General
162234 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
162235 86 METROPOLITAN FORD Equipment Parts Fleet Services
162236 1,372 METROPOLITAN MEDIA GROUP INC Advertising Youth Programs Administration
162237 165 MFSCB Employment Support Test Fire
162238 294 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
162239 2,910 MIDWEST DESIGN CO Other Contracted Services Community Brochure
162240 918 MINNESOTA ATHLETIC Operating Supplies Fire
162241 309 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services
162242 152 MINNESOTA CONWAY Supplies-Security Den Road Building
162243 70 MINNESOTA DEPARTMENT OF TRANSP Training Supplies Storm Drainage
162244 26 MINNESOTA GLOVE INC Equipment Parts Fleet Services
162245 163 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
162246 420 MINNESOTA STATE FIRE DEPT ASSN Dues&Subscriptions Fire
162247 100 MINTER,DONNA LEE Refunds Environmental Education
162248 30 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Park Maintenance
162249 60 MEDIARARE Operating Supplies Fire
162250 504 MTI DISTRIBUTING INC Equipment Parts Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
162251 3,807 NAS RECRUITMENT COMMUNICATIONS Other Contracted Services Human Resources
162252 281 NEENAH FOUNDRY COMPANY Equipment Repair&Maint Traffic Signals
162253 19,442 NELSON DODGE-GMC Autos Fire
162254 3,000 NOREX Other Contracted Services Information Technology
162255 2,426 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services
162256 167 NUCO2 INC Chemicals Pool Maintenance
162257 2,100 NUR,Z1NA Instructor Service Housing,Trans,&Human Sery
162258 315 OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Maintenance
162259 410 OGG,LESLIE AR Utility Water Enterprise Fund
162260 63 OLSEN COMPANIES Equipment Repair&Maint Storm Drainage
162261 75 OSI BATTERIES INC Equipment Parts Fleet Services
162262 57,484 PARVEST INC Deposits Escrow
162263 5,281 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
162264 85 PC MALL Other Hardware Information Technology
162265 100 PEACOCK,TOM Refunds Environmental Education
162266 30 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
162267 10,129 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
162268 344 PITNEY BOWES INC Other Rentals General
162269 303 POMP'S TIRE SERVICE INC Tires Fleet Services
162270 8 POWERPLAN OIB Equipment Parts Fleet Services
162271 3,292 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Senior Center
162273 126 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
162274 1,301 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store
162275 116 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
162276 201 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
162277 16,067 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store
162278 134 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance
162279 2,080 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant
162280 100 ROTHFUSZ,SUSAN Refunds Environmental Education
162281 2,945 RUMPCA CO INC Other Rentals Tree Removal
162282 8 RYLEE,DAVID Program Fee Outdoor Center
162283 100 SCHAEPE,BRUCE Refunds Environmental Education
162284 153 SCHARBER&SONS Equipment Parts Fleet Services
162285 100 SCHEWE,STEVE Refunds Environmental Education
162286 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services
162287 112 SEVENICH,WENDY Mileage&Parking Community Center Admin
162288 139 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store
162289 61 SHRED-IT Waste Disposal City Center Operations
162290 489 SIGNSOURCE Other Contracted Services Communication Services
162291 575 SIMPLEXGRINNELL Other Contracted Services Rehab
162292 91,193 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio
162293 290 SNAP-ON TOOLS Equipment Repair&Maint Fleet Services
162294 2,368 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
162295 536 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services
162296 2,135 SOUTHWEST SUBURBAN PUBLISHING- Dues&Subscriptions Communication Services
162297 2,027 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
162298 968 SPS COMPANIES Repair&Maint.Supplies Water Metering
162299 23,074 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006
162300 7,976 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
162301 95 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
162302 703 STAR TRIBUNE Employment Advertising Organizational Services
162303 148 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM
162304 100 STEBLAY,MAURA Refunds Environmental Education
162305 1,203 STREICHERS Clothing&Uniforms Police
162306 634 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks
162307 683 SUN NEWSPAPERS Legal Notices Publishing City Clerk
162308 86 THIELMAN,MARC Operating Supplies Police
162309 19,750 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
162310 1,858 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator City Hall-CAM
162311 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building
162312 286 TWIN CITY GARAGE DOOR CO Contract Svcs-General Bldg Ice Arena Maintenance
162313 136 TWIN CITY OXYGEN CO Other Contracted Services Sewer Utility-General
162314 11 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance
162315 103 VANDENBERGHE,MARK Operating Supplies Fire Station#4
162316 84 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
162317 754 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Services
162318 330 WATSON CO INC,THE Merchandise for Resale Concessions
162319 23 WENZEL,ELINOR Program Fee Trips
162320 163 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Public Works/Parks
162321 107 WILLIAMS,KEITH B Training Supplies Organizational Services
162322 2,489 WINE COMPANY,THE Wine Imported Den Road Liquor Store
162323 5,753 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
162324 1,487 WM MUELLER AND SONS INC Sand Snow&Ice Control
162325 1,500 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
162326 367 XCEL ENERGY Electric Prairie View Park
162327 9,489 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM
162328 191 YOUNGS Supplies-General Bldg Park Shelters
162329 336 ZABRANSKY,LAELA Other Contracted Services Volleyball
162330 588 ZAHN,GERALD Other Contracted Services Volleyball
162331 8,958 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
162332 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
162333 279 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
162334 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
162335 1,107 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
162336 434 PROP United Way Withheld General Fund
162337 360 UNITED WAY United Way Withheld General Fund
162338 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
162339 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
162340 91 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
162341 92 CULLIGAN BOTTLED WATER Operating Supplies Fire
162342 293 DEPT OF NATURAL RESOURCES Licenses,Permits,Taxes Construction Fund
162343 659 FURNITURE OUTLET Operating Supplies Senior Board
162344 364 GRIMES,STEVEN Travel Expense Organizational Services
162345 1,423 QWEST Telephone Fire Station#4
162346 18 RICHFIELD,CITY OF Autos Fire
162347 3 UPS Postage Water Distribution
162348 8 VERIZON WIRELESS Pager&Cell Phone Fleet Services
162349 224 BLOOMINGTON SECURITY SOLUTIONS Equipment Parts Water Treatment Plant
162350 550 CARDMEMBER SERVICE Other Contracted Services Human Resources
162351 732 CENTERPOINT ENERGY Gas Crestwood Park
162352 150 COMCAST Dues&Subscriptions City Council
162353 10,748 COMMISSIONER OF TRANSPORTATION Machinery&Equipment Construction Fund
162354 85 GE CAPITAL Other Rentals General
162355 1,808 METRO SALES INCORPORATED* Other Rentals General
162356 70 MINNEAPOLIS CITY BUSINESS Dues&Subscriptions Economic Development
162357 276 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
162358 4,324 SPRINT Wireless Subscription Information Technology
162359 3 STAR TRIBUNE Dues&Subscriptions Den Road Liquor Store
162360 269 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
162361 290 A TO Z RENTAL CENTER Capital Under$2,000 Fire Station#4
162362 3,035 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#2
162363 442 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-Security Public Works/Parks
162364 147 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
162365 383 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
162366 372 ANCHOR PRINTING COMPANY Special Event Fees Den Road Liquor Store
162367 2,407 ASI MODULEX Capital Under$2,000 Fire Station#4
162368 281 BAINEY GROUP,THE Deposits Escrow
162369 172 BARNES,BELINDA A. Other Contracted Services Volleyball
162370 487 BAUDVILLE Special Event Fees Classes/Programs/Events
162371 5,164 BELLBOY CORPORATION Liquor Prairie View Liquor Store
162372 389 BERRY COFFEE COMPANY Capital Under$2,000 Fire Station#4
162373 100 BEVIS,BRUCE Refunds Environmental Education
162374 2,290 BLIND GUYS,THE Other Assets Fire Station#4
162375 150 BOLD,PAULINE Instructor Service Outdoor Center
162376 86 BUTCHER,SHERRY Travel Expense City Council
162377 350 BWR CONSULTING LLC Other Contracted Services Organizational Services
162378 1,311 C&H DISTRIBUTORS LLC Repair&Maint.Supplies Water Metering
162379 223 CAMPOS,LORI Instructor Service Outdoor Center
162380 20 CAREER TRACK Tuition Reimbursement/School Police
162381 3,430 CLAREYS INC Safety Supplies Utility Operations-General
Check# Amount Vendor/Explanation Account Description Business Unit
162382 50 CLARK,JOAN Refunds Environmental Education
162383 464 CORPORATE EXPRESS Office Supplies General
162384 2,229 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
162385 8,619 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store
162386 74 DELL Other Hardware Information Technology
162387 8,704 DRT TRANSPORT Lime Residual Removal Water Treatment Plant
162388 135 DUCKSTAD,JON Miscellaneous City Council
162389 39 DYNA SYSTEMS Repair&Maint.Supplies Water System Maintenance
162390 2,762 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
162391 880 EARL F ANDERSEN INC Signs Traffic Signs
162392 933 ECOLAB INC Deposits Escrow
162393 325 EDEN PRAIRIE CHAMBER OF COMMER Advertising Prairie View Liquor Store
162394 4,309 ESRI Software Maintenance Information Technology
162395 451 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
162396 480 F IRE Tuition Reimbursement/School Fire
162397 76 FLYNN,MONICA Memberships Community Center Admin
162398 287 FORCE AMERICA Equipment Parts Fleet Services
162399 180 FORD,GARY Other Contracted Services Park Maintenance
162400 64 FRAGALE,ANNETTE Special Event Fees Classes/Programs/Events
162401 118 G&K SERVICES Clothing&Uniforms Park Maintenance
162402 54 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events
162403 378 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
162404 813 GRAINGER Supplies-Electrical City Hall-CAM
162405 310 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store
162406 1,481 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store
162407 28,410 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
162408 10,912 GRIGGS COOPER&CO Wine Domestic Prairie View Liquor Store
162409 28 HANCE ACE HARDWARE Equipment Parts Fleet Services
162410 11,124 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund
162411 16,700 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
162412 91 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering
162413 100 HELD,KATHLEEN Refunds Environmental Education
162414 360 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals
162415 101 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
162416 96 HENRY,PAUL Other Contracted Services Volleyball
162417 1,447 HOHENSTEINS INC Beer Prairie View Liquor Store
162418 5,894 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund
162419 3,298 IND SCHOOL DIST 272 Building Rental Winter Theatre
162420 1,738 ITL PATCH COMPANY INC Clothing&Uniforms Police
162421 23 ITS A KEEPER Employee Award Internal Events
162422 108 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance
162423 2,000 JAB'S GEHRIG&COMPANY Right of Way&Easement Construction Fund
162424 17,383 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
162425 28,062 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie View Liquor Store
162426 206 KEEPERS Clothing&Uniforms Fire
162427 233 LAB SAFETY SUPPLY INC Capital Under$2,000 Fire Station#4
162428 175 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
162429 1,276 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
162430 29 LANO EQUIPMENT INC Equipment Parts Fleet Services
162431 20 LEAGUE OF MINNESOTA CITIES Conference Expense Risk Management
162432 50 LINEHAN,CHRISTI Refunds Environmental Education
162433 117 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
162434 3,960 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
162435 11,213 MARK VII Beer Prairie View Liquor Store
162436 358 MENARDS Operating Supplies Fire
162437 4,014 METRO SALES INCORPORATED* Other Hardware Fire Station#4
162438 175 METROPOLITAN FORD Equipment Parts Fleet Services
162439 998 METROTECH CORPORATION Other Contracted Services Water System Maintenance
162440 5,602 MID-MINNESOTA WIRE Capital Under$2,000 Fire Station#4
162441 403 MIDWAY INDUSTRIAL SUPPLY CO IN Capital Under$2,000 Fire Station#4
162442 432 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
162443 4,846 MIDWEST DESIGN CO Other Contracted Services Communication Services
162444 100 MILLER,TERYL Refunds Environmental Education
162445 128 MINNESOTA ATHLETIC Operating Supplies Fire
162446 4,151 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
162447 1,673 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
162448 108 MINNESOTA SUPPLY COMPANY Equipment Repair&Maint Fleet Services
162449 50 MOLDENHAUER,RON Refunds Environmental Education
162450 1,017 MORLEY BURNETT Contract Svcs-General Bldg Ice Arena Maintenance
162451 316 MTI DISTRIBUTING INC Equipment Parts Fleet Services
162452 48 NATIONAL TACTICAL OFFICERS ASS Training Supplies Police
162453 100 NEUMAYER,SHERI Refunds Environmental Education
162454 1,290 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
162455 14,481 NORTH AMERICAN SALT CO Salt Snow&Ice Control
162456 245 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
162457 67 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire
162458 14 OLSEN COMPANIES Equipment Parts Fleet Services
162459 458 OLYMPIC POOLS Conference Expense Pool Maintenance
162460 6,415 PARMLEY,RANDY WAC-Water Utility Improvement Fund
162461 4,420 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
162462 462 PC MALL Other Hardware Fire Station#4
162463 56 PETERS,JOHN Tuition Reimbursement/School Police
162464 17,227 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store
162465 661 POMP'S TIRE SERVICE INC Tires Fleet Services
162466 169 PORTA,KITTY Mileage&Parking City Clerk
162467 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
162468 1,647 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#2
162469 782 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store
162470 106 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
162471 131 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
162473 22,440 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
162474 25,707 QUIRING TRUCKING&EXCAVATING Improvements to Land Park Acquisition&Development
162475 27 RICHARDSON,KATHY Program Fee Red Hat
162476 288 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance
162477 100 ROCK,THOMAS Refunds Environmental Education
162478 384 RONNING,EILEEN Special Event Fees Classes/Programs/Events
162479 100 RYLANCE,ROBERT Refunds Environmental Education
162480 1,352 SATHER DESIGN/BUILD INC Building Permits General Fund
162481 38 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
162482 1,612 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
162483 67 SNAP-ON TOOLS Small Tools Fleet Services
162484 85 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Storm Drainage
162485 5,088 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant
162486 100 STENDER,SCOTT Refunds Environmental Education
162487 135 STOVRING,LESLIE Mileage&Parking Storm Drainage
162488 5,798 STREICHERS Capital Under$2,000 Fleet Services
162489 53 SUBURBAN CHEVROLET Equipment Parts Fleet Services
162490 1,165 SUN NEWSPAPERS Employment Advertising Organizational Services
162491 13,303 THORPE DISTRIBUTING Beer Prairie View Liquor Store
162492 107 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
162493 9,909 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
162494 3,993 VESSCO INC Process Control Services Water Treatment Plant
162495 2,258 W E NEAL SLATE CO Other Assets Fire Station#4
162496 60 WAYTEK INC Operating Supplies Park Maintenance
162497 1,500 WELCHLIN COMMUNICATION STRATEG Other Contracted Services Organizational Services
162498 100 WHITELEY,VICKIE Refunds Environmental Education
162499 1,467 WINE COMPANY,THE Wine Imported Den Road Liquor Store
162500 2,560 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
162501 90 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store
162502 265 WUOLLET BAKERY INC Operating Supplies Fire
162503 64 XCEL ENERGY Electric Emergency Preparedness
162504 691 ZIEGLER INC Equipment Parts Fleet Services
162505 100 ZIMMERMAN,BETH Refunds Environmental Education
162506 425 AEGIS PROTECTION GROUP,THE Tuition Reimbursement/School Police
162507 352 ASPEN WASTE SYSTEMS INC. Waste Disposal Parks Referendum
162508 63 CINGULAR WIRELESS Pager&Cell Phone Police
162509 1,620 EXPLORER POST 925 Miscellaneous Reserves
162510 176 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
162511 300 GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police
162512 20,481 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution
Check# Amount Vendor/Explanation Account Description Business Unit
162513 345 HENNEPIN COUNTY TREASURER Licenses&Taxes Pool Maintenance
162514 125 KRESS,CARLA Mileage&Parking Senior Center Administration
162515 25 METROPOLITAN REGIONAL ARTS COU Conference Expense Recreation Administration
162516 160 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance
162517 25 MINNESOTA PREVENTION RESOURCE Tuition Reimbursement/School Police
162518 395 NICP Tuition Reimbursement/School Police
162519 289 PETTY CASH-CARLA KRESS Operating Supplies Senior Board
162520 195 PLEAA Tuition Reimbursement/School Police
162521 376 SELVOG,JOSH H Other Revenue General Fund
162522 63 VERIZON WIRELESS Pager&Cell Phone Police
162523 129 YOUNGHANS,NEAL Other Revenue General Fund
162524 990 2007 IAAI ATC Conference Expense Fire
162525 453 3D SPECIALTIES Operating Supplies Traffic Signs
162526 188 ADOLPH KIEFER Recreation Supplies Oak Point Lessons
162527 99 AFFILIATED EMERGENCY VETERINAR Kennel Services Animal Control
162528 33 AKHTAR,MOIZ Events/Admission Fee Around Town
162529 366 AL'S COFFEE Merchandise for Resale Concessions
162530 2,378 ALTERNATIVE BUSINESS FURNITURE Contract Svcs-General Bldg Police City Center
162531 132 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
162532 3,096 AMSAN BRISSMAN-KENNEDY Supplies-General Bldg Community Center Maintenance
162533 482 AVI SYSTEMS INC Video&Photo Supplies Communication Services
162534 549 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services
162535 100 BAUMANN,SHARI Refunds Environmental Education
162536 5,374 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store
162537 36 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations
162538 362 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General
162539 579 BIFFS INC Waste Disposal Park Maintenance
162540 147 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Fire Station#3
162541 940 BLOOMINGTON,CITY OF Kennel Services Animal Control
162542 1,592 BORG,STEVE Tuition Reimbursement/School Organizational Services
162543 14 CATCO PARTS SERVICE Equipment Parts Fleet Services
162544 37 CAWLEY COMPANY,THE Clothing&Uniforms 2nd Sheet of Ice
162545 11,476 CENTERPOINT ENERGY Gas Fire Station#1
162546 3,606 CENTURYTEL Telephone Telephone
162547 80 CHAFFEE,MARY Program Fee Special Events&Trips
162548 871 COLOR PRINTING Printing Police
162549 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
162550 564 COMPAR INC Computers Information Technology
162551 1,185 CORPORATE EXPRESS Office Supplies Police
162552 906 COSTCO Operating Supplies Fire
162553 2,351 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
162554 972 D R&ASSOCIATES ENTERPRISES L Safety Supplies Fire
162555 7,825 DAY DISTRIBUTING Beer Prairie View Liquor Store
162556 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
162557 1,707 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM
162558 30,293 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs
162559 322 DNR Awards Basketball
162560 2,082 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
162561 961 ECOLAB INC Contract Svcs-Pest Control Fire Station#5
162562 1,649 EF JOHNSON Equipment Repair&Maint Wireless Communication
162563 278 EHLERS&ASSOCIATES INC Deposits Escrow
162564 22,154 ELK RIVER CHRYSLER INC Autos Capital Impr./Maint.Fund
162565 45 ELVIN SAFETY SUPPLY INC Equipment Repair&Maint Fire
162566 1,459 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire
162567 6,911 ESCHELON TELECOM INC Operating Supplies Fire Station#4
162568 495 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
162569 75 F IRE Tuition Reimbursement/School Fire
162570 1,105 FEDERAL SIGNAL CORPORATION Machinery&Equipment Capital Impr./Maint.Fund
162571 19 FERRELLGAS Lubricants&Additives Fleet Services
162572 200 FIREHOUSE MAGAZINE Dues&Subscriptions Fire
162573 38 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
162574 76 FLYNN,MONICA Facility Rentals Community Center Admin
162575 1,096 FORCE AMERICA Equipment Parts Fleet Services
162576 188 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store
162577 285 FRANKLIN,WOODROW G Clothing&Uniforms Reserves
Check# Amount Vendor/Explanation Account Description Business Unit
162578 774 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
162579 542 GE CAPITAL Other Rentals General
162580 348 GOOD,JAMIE Tuition Reimbursement/School Police
162581 727 GRAINGER Cleaning Supplies Utility Operations-General
162582 74 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store
162583 305 GRAPHIC SOURCE INC Operating Supplies Ice Show
162584 29,027 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
162585 11,951 GRIGGS COOPER&CO Liquor Den Road Liquor Store
162586 1,659 GROUP HEALTH INC-WORKSITE Employee Assistance Organizational Services
162587 59 GUSTAD,MARK Miscellaneous Information Technology
162588 898 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr./Maint.Fund
162589 597 HARMON INC. Building Repair&Maint. Prairie View Liquor Store
162590 36,357 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
162591 1,885 HAWKINS INC Treatment Chemicals Water Treatment Plant
162592 4,420 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police
162593 447 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
162594 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
162595 70 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
162596 5,211 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Project Fund
162597 30 HENRY,PAUL Other Contracted Services Volleyball
162598 186 HILL,TORI AR Utility Water Enterprise Fund
162599 635 HOME DEPOT CREDIT SERVICES Supplies-Plumbing City Hall-CAM
162600 641 HOSE/CONVEYORS INC Equipment Parts Fleet Services
162601 100 IACP Dues&Subscriptions Police
162602 1,551 J&H BERGE INC Safety Supplies Utility Operations-General
162603 864 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance
162604 679 JANEX INC Equipment Parts Prairie Village Liquor Store
162605 5,405 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
162607 33,647 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
162608 2,370 KEEPERS Clothing&Uniforms Fire
162609 100 KOSTMAN,DEB Refunds Environmental Education
162610 2,517 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
162611 185 LANO EQUIPMENT INC Equipment Parts Fleet Services
162612 91 LEBLANC,ERIC Operating Supplies Police
162613 1,340 LITTLE TRANSPORT PRESS General Bicycle Program
162614 47 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store
162615 8,632 MARK VII Beer Prairie View Liquor Store
162616 440 MEDICINE LAKE TOURS Special Event Fees Trips
162617 784 MENARDS Training Supplies Police
162618 43 MERLINS ACE HARDWARE Operating Supplies Street Maintenance
162619 1,720 METRO FIRE Small Tools Fire
162620 225 METRO SALES INCORPORATED* Office Supplies General
162621 492 METROPOLITAN FORD Equipment Parts Fleet Services
162622 321 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
162623 1,486 MIDWEST DESIGN CO Other Contracted Services Community Brochure
162624 263 MILLARD,EMILY Canine Supplies Police
162625 1,384 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
162626 345 MINNESOTA GLOVE INC Safety Supplies Fleet Services
162627 57 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
162628 7,800 MINNESOTA RADIOLOGY Safety Supplies Fire
162629 295 MINNESOTA RECREATION&PARK AS Dues&Subscriptions Parks Administration
162630 31,547 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund
162631 1,101 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
162632 1,806 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
162633 247 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
162634 479 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Wireless Communication
162635 118 MOORHEAD,DIRK AR Utility Water Enterprise Fund
162636 105 MORTON,TAMMARA Other Contracted Services Jazzercise
162637 79 MOTOROLA Equipment Repair&Maint Wireless Communication
162638 105 MTI DISTRIBUTING INC Equipment Parts Fleet Services
162639 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police
162640 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
162641 135 NELSON,KATHY Miscellaneous City Council
162642 1,944 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
162643 399 O'REILLY AUTO PARTS Equipment Parts Fleet Services
Check# Amount Vendor/Explanation Account Description Business Unit
162644 39 OFFICE DEPOT CREDIT PLAN Miscellaneous Community Center Maintenance
162645 1,107 OLSEN COMPANIES Equipment Parts Fleet Services
162646 5,616 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
162647 18 PEARSON,ELLEN Events/Admission Fee Around Town
162648 100 PEDERSON,RON Refunds Environmental Education
162649 896 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology
162650 12,700 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
162651 589 POMP'S TIRE SERVICE INC Tires Fleet Services
162652 6,365 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
162653 129 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store
162654 119 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
162655 15,843 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store
162656 33 QUICKSILVER EXPRESS COURIER Postage Communication Services
162657 4,246 QWEST Telephone Sewer Liftstation
162658 75 QWEST COMMUNICATIONS Pager&Cell Phone Sewer Utility-General
162659 516 REBS MARKETING Other Contracted Services Water Accounting
162660 132 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services
162661 144 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
162662 1,755 RUMPCA CO INC Waste Disposal Tree Disease
162663 245 SCHAITBERGER,CHUCK Travel Expense Fire
162664 25 SCHUMACHER,LANA Cash Over/Short Community Center Admin
162665 1,124 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
162666 188 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store
162667 4,775 SHORT ELLIOTT HENDRICKSON INC Process Control Services Infiltration/Inflow Study
162668 40 SIGNAL SYSTEMS INC. Other Contracted Services Community Center Admin
162669 42 SILIONE,STELLA Events/Admission Fee Ice Show
162670 773 SIMPLEXGRINNELL LP Other Contracted Services Rehab
162671 85 SIWEK LUMBER&MILLWORK INC Equipment Parts Fleet Services
162672 484 SNAP-ON TOOLS Small Tools Fleet Services
162673 56 STATE SUPPLY COMPANY Contract Svcs-Plumbing City Hall-CAM
162674 6,123 STREICHERS Capital Under$2,000 Police
162675 62 SUBURBAN CHEVROLET Equipment Parts Fleet Services
162676 1,010 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services
162677 122 SUN NEWSPAPERS Dues&Subscriptions City Clerk
162678 8,435 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
162679 180 TOVIAS,JUDY Lessons&Classes Pool Lessons
162680 692 UNIFORMS UNLIMITED Clothing&Uniforms Police
162681 477 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
162682 134 VAN BEUSEKOM,JEREMY Mileage&Parking Fire
162683 293 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store
162684 715 VSA INC Operating Supplies Police
162685 422 WATSON CO INC,THE Merchandise for Resale Concessions
162686 121 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
162687 1,807 WINE COMPANY,THE Wine Imported Prairie View Liquor Store
162688 3,595 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store
162689 33 WIVELL,CHERI Program Fee Around Town
162690 2,786 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance
162691 1,915 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
162692 59,937 XCEL ENERGY Electric Street Lighting
162693 41 YAHOO! Other Contracted Services Police
162694 151 ZEE MEDICAL SERVICE Operating Supplies Community Center Admin
162695 178 ZIEGLER INC Equipment Repair&Maint Storm Drainage
162696 690 MINNETONKA GAME/FISH CLUB OF S Tuition Reimbursement/School Police
162697 806 PETTY CASH Mileage&Parking Water Distribution
162698 318 PETTY CASH-POLICE DEPT Operating Supplies Police
162699 76 SACKETT,MATTHEW Operating Supplies Police
162700 6,518 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
162701 20 STATE OF MINNESOTA Operating Supplies Fleet Services
162702 1,563 US POSTMASTER-HOPKINS Postage Water Accounting
4,149,785 Grand Total
US BANK PURCHASING CARDS
WIRE 2651-2654
PAYMENT DATE 03/28/07
Amount Supplier Account Description Business Unit
240.80 NORTHWEST AIRLINES Tuition Reimbursement/School Police
20.00 NORTHWEST AIRLINES Tuition Reimbursement/School Police
329.59 FRANKLIN COVEY CO. Tuition Reimbursement/School Police
199.00 CALIBRE PRESS INC Tuition Reimbursement/School Police
60.00 SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police
9.95 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
9.95 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
9.95 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
9.95 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
289.00 POWERPHONE INC Tuition Reimbursement/School Police
198.00 FRED PRYOR SEMINARS Conference Expense Communication Services
410.00 NATIONAL LEAGUE OF CITIES Conference Expense City Council
275.92 NORTHWEST AIRLINES Tuition Reimbursement/School Police
20.00 NORTHWEST AIRLINES Tuition Reimbursement/School Police
105.53 BUCA Operating Supplies Fire
9.00 SWEETWATER GRIL Operating Supplies Fire
8.74 SWEETWATER GRIL Operating Supplies Fire
55.00 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire
11.55 SWEETWATER GRIL Operating Supplies Fire
35.00 VIRGINIA SS EXPRESS Operating Supplies Fire
12.11 FAMILY TRADITION RESTAURANT Operating Supplies Fire
289.75 WORLDPOINT ECC INC Tuition Reimbursement/School Fire
26.63 BYERLYS Operating Supplies Fire
150.00 BOXWOOD TECHNOLOGY,INC Employment Advertising Organizational Services
70.00 MICHIGAN RECREATION AND PARK A Employment Advertising Organizational Services
175.00 IPRA Employment Advertising Organizational Services
125.00 WISCONSIN PARK&RECREATION AS Employment Advertising Organizational Services
6.39 RAINBOW FOODS INC. Employee Award Organizational Services
55.48 DAVANNI'S PIZZA Training Supplies Human Resources
35.00 MO PARKS&RECREATION Employment Advertising Organizational Services
49.01 GREEN MILL Miscellaneous Den Road Liquor Store
5,631.46 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
544.88 DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
200.79 DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
80.00 ASSOCIATION FOR FINANCIAL PROF Conference Expense Finance
19.04 HEARTFELT GIFTS Operating Supplies Red Hat
515.00 HISTORY THEATRE Special Event Fees Red Hat
85.11 KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events
-17.02 KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events
17.02 KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events
5.99 ORBITZ Travel Expense City Manager
30.82 PASTRAMI JACK'S Miscellaneous City Manager
13.50 NORTHWEST AIRLINES Travel Expense City Manager
208.80 NORTHWEST AIRLINES Travel Expense City Manager
410.00 NATIONAL LEAGUE OF CITIES Conference Expense City Manager
19.40 WOODY'S GRILLE Miscellaneous City Council
34.69 WILDFIRE Miscellaneous City Manager
244.63 QDOBA MEXICAN GRILL Miscellaneous City Council
33.34 PASTRAMI JACK'S Miscellaneous City Manager
32.00 SENSIBLE LAND USE COALITION Miscellaneous City Manager
46.35 OLD CHICAGO RESTAURANT Miscellaneous City Manager
18.44 NEW BEIJING CHINESE RESTAURANT Miscellaneous City Manager
10.00 NORTHWEST AIRLINES Travel Expense City Manager
5.00 NORTHWEST AIRLINES Travel Expense City Manager
9.00 NORTHWEST AIRLINES Travel Expense City Manager
6.95 TIGER TECHNOLOGIES Software Information Technology
60.15 MCCORMICK&SCHMICK GRILL Miscellaneous City Council
4.99 ORBITZ Travel Expense City Manager
129.40 NORTHWEST AIRLINES Travel Expense City Manager
17.44 NEW BEIJING CHINESE RESTAURANT Miscellaneous City Council
272.92 FRANKLIN COVEY CO. Conference Expense Human Resources
Amount Supplier Account Description Business Unit
43.89 OFFICE PLAYGROUND Training Supplies Organizational Services
-128.40 I-SAFE Operating Supplies Police
75.00 SCIENCE MUSEUM OF MINNESOTA Special Event Fees Teen Programs
206.60 HASBRO TOY STORE Video&Photo Supplies Youth Programs Administration
490.52 DOUBLE TREE Travel Expense Parks Administration
20.00 STAGES THEATER COMPANY Special Event Fees Leisure Education
630.00 TARGET CENTER Special Event Fees Special Events&Trips
140.49 ORIENTAL TRADING CO INC Operating Supplies Special Events&Trips
29.93 S&S WORLDWIDE Video&Photo Supplies Youth Programs Administration
76.31 DAVANNI'S PIZZA Operating Supplies Teen Programs
40.00 GINA MARIAS INC Miscellaneous Information Technology
270.50 PAYPAL INC Software Maintenance Information Technology
127.76 BEST BUY Other Hardware Den Road Liquor Store
14,013.99 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances &Resolutions April 17, 2007
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Police Department/Rob Approve first reading of an ordinance
Reynolds, Chief amending City Code Chapter 2.32
Requested Action
Move to: Approve first reading of an Ordinance amending City Code Chapter 2 by amending
Section 2.32 relative to City employees who may issue citations by adding Community Service
Officer to the list.
Synopsis
The Police Department is requesting that a re-classified civilian position in the Police
Department called Community Service Officer be added to the list of employees who may issue
citations.
Background
In July 2006 the Police Department re-classified one full-time and two part-time positions called
Community Service Officer. These positions work in conjunction with the department's Animal
Control Officer by responding to community service needs including code enforcement, animal
control,parking enforcement, car lock-outs and booking procedures. As part of their role the
Community Service Officers issue citations and must be granted that authority through city
ordinance.
Attachments
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY
EMPLOYEES WHO MAY ISSUE CITATIONS BY ADDING COMMUNITY SERVICE
OFFICER TO THE LIST.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. The Eden Prairie City Code shall be amended by amending Section 2.32 as follows:
"Community Service Officer"shall be added to the list of employees of the City of Eden Prairie who
may,in the course and scope of the performance of their duties as employees,issue citations in lieu
of arrest or continued detention,under the emboldened heading Police Department,below Zoning
Administrator, and above the emboldened heading Fire Department.
Section 2. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2007, and finally read and adopted and ordered published at a
regular meeting of the City Council of said Council on the day of , 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 2007.
1