HomeMy WebLinkAboutCity Council - 12/03/2007AGENDA
JOINT CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE WORKSHOP
&OPEN FORUM /OPEN PODIUM
MONDAY,DECEMBER 3, 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, Parks and
Recreation Director Jay Lotthammer, Economic Development Manager David Lindahl,
Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City
Attorney Mark Johnson, and Recorder Lorene McWaters
CHAMBER OF COMMERCE :Chair Dave Ward; Chair-Elect Cindy Daniels ;Past Chair Tim
Samuelson ;Treasurer David Nash; Directors Greg Albrecht, Zane Birky, Vicki Brown,Bill Burgess,
Barb Fasching, John Eversman, Jo Freese, Mic Klaith ,Melissa Krull, Dan Murphy, Tony Owings
and Dick Ward; President Pat MulQueeny
Heritage Room II
1.DISCUSSION ITEMS
A.BUSINESS SURVEYS
B.MEET & GREET FEEDBACK
C.TECHNOLOGY TASK FORCE
D.TRANSPORTATION FUNDING, PROJECTS AND LEGISLATIVE
INITIATIVES
E.WAYFINDING
F.2008 STATE OF THE CITY
G.2008-2009 CITY BUDGET UPDATE
H.CITY COMPREHENSIVE GUIDE PLAN UPDATE
1.CITY COMMISSIONS, COMMITTEES AND TASK FORCES
J.FLYING CLOUD AIRPORT
K.LOUDI
Council Workshop Agenda
December 3, 2007
Page 2
Council Chamber
II.OPEN FORUM
A.MAT MUELLER -PRESBYTERIAN HOMES
III.OPEN PODIUM
IV.ADJOURNMENT
TRUTH-IN-TAXATION HEARING AGENDA
EDEN PRAIRIE CITY COUNCIL
MONDAY,DECEMBER 3, 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 Jay Lotthammer, Public
Works Director Eugene Dietz ,City Planner Michael Franzen, Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
1.CALL THE MEETING TO ORDER
II.PUBLIC HEARING
A.OVERVIEW OF 2008 PROPOSED BUDGET AND TAX LEVY
B.PUBLIC COMMENT AND DISCUSSION
III.CLOSE OR CONTINUE PUBLIC HEARING
IV.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
MONDAY,DECEMBER 3, 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 Jay Lotthammer ,Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Mark Johnson and Council Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS /PRESENTATIONS
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 13, 2007
B.CITY COUNCIL MEETING HELD TUESDAY ,NOVEMBER 13, 2007
C.SPECIAL COUNCIL MEETING HELD THURSDAY ,NOVEMBER 15, 2007
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII .CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.THE POINTE ON LAKE RILEY - LEU Second Reading of the Ordinance for
Planned Unit Development District Review with waivers and Zoning District
Amendment within the R1-22 Zoning District on 2 acres .(Ordinance for PUD
District Review with waivers and Zoning District Amendment)
C.GROOTWASSINK Second Reading of the Ordinance for Planned Unit
Development District Review and Zoning District Amendment within the Rural
Zoning District on 7.88 acres . (Ordinance for PUD District Review and Zoning
Amendment)
D.ADOPT RESOLUTION APPROVING FINAL PLAT OF THE GROOT
ADDITION
E.ADOPT RESOLUTION APPROVING FINAL PLAT OF THE POINTE ON
LAKE RILEY 2ND ADDITION
CITY COUNCIL AGENDA
December 3, 2007
Page 2
F.APPROVE AGREEMENTS TO PROVIDE INSURANCE REIMBURSEMENT
OPPORTUNITY FOR COMMUNITY CENTER MEMBERS
G.ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR
BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES FOR 2008
H.APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
FROM ADVANCED ENGINEERING &ENVIRONMENTAL SERVICES
FOR WELL #16 DESIGN AND CONSTRUCTION MANAGEMENT
1.APPROVE CHANGE ORDER NO. 1 FOR THE TECHNOLOGY DRIVE
STREETSCAPE IMPROVEMENTS ,I.C. 07-5691
J.AWARD CONTRACT FOR CONSTRUCTION OF WASHINGTON AVENUE
LIFT STATION TO PARK CONSTRUCTION CO., I.C.06-5685
(RESOLUTION)
K.ADOPT RESOLUTION VACATING THE DRAINAGE AND UTILITY
EASEMENT OVER LOTS 1 THROUGH 3 INCLUSIVE, BLOCK 1, THE
POINTE ON LAKE RILEY, VACATION 07-09
L.AWARD BID FOR PURCHASE OF 800 MHZ TRUNKED RADIO SUB-
SYSTEM (DISPATCH CONSOLES) TO MOTOROLA, INC.
M.AWARD BID FOR PURCHASE OF PUBLIC SAFETY ANSWERING POINT
THREE-POSITION CONSOLE CONFIGURATION TO WATSON
DISPATCH CENTER
IX.PUBLIC HEARINGS /MEETINGS
A.VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF
LOT 1 AND LOT 2, BLOCK 1, LARIAT CENTER, VACATION 07-08
(RESOLUTION)
B.2008 -2012 CAPITAL IMPROVEMENT PLAN (RESOLUTION)
C.FIRST READING OF UPDATES TO THE FEE SCHEDULE ORDINANCE
RELATING TO ADMINISTRATION OF OFFICIAL CONTROLS
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS ,REQUESTS AND COMMUNICATIONS
XIII .APPOINTMENTS
XIV.REPORTS
CITY COUNCIL AGENDA
December 3, 2007
Page 3
A.REPORTS OF COUNCIL MEMBERS
1.Dunn Bros. Lease
B.REPORT OF CITY MANAGER
1.Set Date for 2008 Planning Retreat
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.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN FORUM /OPEN PODIUM
TUESDAY, NOVEMBER 13, 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, Parks and
Recreation Director Jay Lotthammer, Economic Development Manager David Lindahl,
Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City
Attorney Ric Rosow, and Recorder Lorene McWaters
TECHNOLOGY TASK FORCE: Bill Coleman, Rich Muller, Kiran Mysore, Scott Otis,
Heather Peterson, Jody Russell, Ron Woods
Council Member Butcher was absent.
Heritage Room II
1.COMMUNITY TECHNOLOGY TASK FORCE REPORT
Scott Neal introduced consultant Bill Coleman of Community Technology Advisors, who
facilitated the Community Technology Task Force process. Coleman said the task force
was made up of residents and representatives from business, education, and government
organizations, and met monthly since May to develop recommendations.
The task force's charge was to:
•Identify existing telecommunications infrastructure and services
•Determine what needs to be accomplished to be globally competitive
•Establish how to get where we need to be
Coleman said there are four components of community technology - network, services,
subscription and sophistication.He reviewed trends in wireless technology in the United
States and around the world.
Task Force Chair Kiran Mysore presented on the group's vision and findings. The task
force's vision statement reads, "Eden Prairie is forward looking, aspiring to be a 21St
century community benefiting from a competitive environment for affordable and reliable
wired and wireless telecommunications services that provide all community members
with state-of-the-art high-speed connectivity choices.All Eden Prairie citizens and
businesses should have the opportunity to be connected to each other and to others
around the world, pursuing economic vitality and enriched quality of life.
City Council Workshop Minutes
November 13, 2007
Page 2
Mysore said the group found that the larger business community benefits from a
competitive telecommunications environment and has access to several fiber optic
networks.Home businesses and home workers have fewer options. Residential
customers generally have at least one broadband service available, but price and choice
are primary concerns.Mysore noted that two-thirds of respondents to a residential
survey support the City having an active role in providing telecommunications
services.
The task force found that a "digital divide does exist in Eden Prairie, and that
approximately 500 Eden Prairie students do not have home internet access. The group
reported that Eden Prairie's low density development, topography and many trees would
hinder cost-effective deployment of a citywide wireless network with current
technology.
Recommendations were divided into several areas and presented by individual task force
members. In the area of digital inclusion, Heather Peterson, Hennepin County Library,
said the task force recommends increased collaboration between the City, Hennepin
County Library, the school district, and the private sector to identify concentrations of
people without affordable broadband access, provide computers and internet access at
community meeting places, and increase the number of low-cost and free computers
available through the school district.
Regarding the competitive environment, Rich Muller, Micro Business Strategies, said the
group recommends leveraging government authority to ensure the highest levels of
telecommunications. Strategies include encouraging Comcast to rapidly deploy their
next generation of broadband and negotiating a franchise agreement with Qwest to enable
video.
Jody Russell, Thunder Communications Design, addressed information gathering and
data.She said the task force recommends ongoing review of telecommunications
infrastructure and services and systematic gathering of information from residents and
businesses on telecom services, digital inclusion and community satisfaction.
Additional recommendations include development of a municipal system for
inventorying, monitoring and mapping telecommunications infrastructure; identifying
opportunities for public and private sector entities to leverage joint telecommunications
investment ;and exploring existing and emerging municipal wired and wireless
applications.
The Task Force has discussed the possibility of continuing their work, possibly as a
permanent commission. Council Member Nelson said she likes the idea of establishing a
permanent technology committee and asked how that can be accomplished. Neal said it
would require formal action on the part of the Council. Council Member Aho said he
would also like to see the group continue their work.
City Council Workshop Minutes
November 13, 2007
Page 3
Council Chamber
II.OPEN FORUM
A.JOHN MALLO - VETERANS MEMORIAL COMMITTEE
Mr. Mallo thanked Council and staff for their support of the Veterans Memorial in
Purgatory Creek Park and reported that the Veterans Day Event on November 11
was well attended and successful.
B.KASEY KLUGE - BUDGET
Mr. Kluge read a statement in support of retaining the Community Liaison who
works with Somali residents.
C.MICHAEL & MARY BOLAND - COMMUNITY CENTER FEES
The Bolands said they were involved in committees that developed the
community center plans and supported the referendum. They said the proposed
membership fees for the community center are too high and they would like them
to be lowered.
D.JOHN WILSON - HOUSING & COMMUNITY SERVICES POSITION
Mr. Wilson said the City's investment in the Community Liaison position will be
worthwhile in the long run.
E.ROGER EAGLE - SNOW REMOVAL ORDINANCE
Mr. Eagle said he is concerned about the new snow removal ordinance, which in
his case would require removal of snow from 200 feet of sidewalk with difficult
access behind his home. Public Works Director Gene Dietz said staff will review
this stretch of sidewalk and determine whether or not it would be appropriate for
the City to remove the snow rather than the home owner.
III.OPEN PODIUM
A.BASIL WISSNER
Mr. Wissner asked if lights in the Chamber next to the screen at the front of the
room could be dimmed during presentations so the audience could see it better.
Staff said that is possible.
IV.ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
ITEM NO.: VI.B.
TUESDAY, NOVEMBER 13, 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 Jay Lotthammer, Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:03 PM. Council Member Butcher was
absent.
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
A.RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT
PRESENTATION
Michael Cassanova, President of the Riley Purgatory Bluff Creek (RPBC)
Watershed District Board of Commissioners, presented the City with a check for
$184,529 to participate in the cost of constructing a stormwater detention basin
adjacent to the new Community Center as part of the overall Round Lake water
quality improvement project. He said they are a citizen-led organization that has a
legislative mandate to preserve and protect the water in the district with the power
to levy taxes. He reviewed the projects the RPBC Watershed District has completed
in the past. They are currently working on three major projects in Eden Prairie: a
$1,600,000 project on Mitchell Lake to remove invasive species and control
phosphates; a $410,000 project for the Lake Riley Outlet project; and a first of its
kind fish barrier and invasive species project to control carp in Lakes Riley, Susan
and Rice Marsh.
Young thanked Mr. Cassanova for the check and said the RPBC Watershed District
is a great partner with the City.
B.RECOGNITION OF NEW CERT VOLUNTEERS
Fire Captains Kip Springer, Tony Liddell and Ray Carlson recognized 11
individuals who are new members of the Community Emergency Response Team
(CERT). They reviewed the history of the CERT program which is nationally
CITY COUNCIL MINUTES
November 13, 2007
Page 2
promoted by the Federal Emergency Management Administration (FEMA) and was
designed to train volunteers in disaster survivor and rescue skills. There are now 92
CERT members, and their goal is to reach 100. Mayor Young presented certificates
to the new volunteers and thanked them for their service in the CERT program.
C.PRESENTATION OF FIREMARK AWARD IN HONOR OF FORMER
FIRE CHIEF RAY MITCHELL
Bob Ing, representing Liberty Mutual, presented the Firemark Award to the family
of former Fire Chief Ray Mitchell. He said Liberty Mutual gives the Firemark
Award to firefighters in communities across the country. He noted Eden Prairie has
a very good Fire Department that was started through the efforts of Chief Mitchell.
D.MRS.MINNESOTA BANNER PRESENTATION
Donnell Rank, reigning Mrs. Minnesota International, introduced Wendy Russo
who will represent Eden Prairie in the Mrs. Minnesota International competition in
March. She noted the pageant emphasizes family, marriage and community service
and each participant promotes non-profit or community service work. Mayor
Young presented Mrs. Russo with a banner and officially recognized her as Mrs.
Eden Prairie International.
E.PROCLAMATION RECOGNIZING EDEN PRAIRIE RESIDENT ADRIAN
PETERSON FOR ESTABLISHING A NEW NFL SINGLE GAME
RUSHING RECORD
Young recognized Eden Prairie resident Adrian Peterson for establishing a new
NFL single game rushing record. He noted Eden Prairie is proud to be the corporate
home of the Minnesota Vikings.
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal noted Council Member Butcher was not able to attend tonight's meeting because of a
death in the family. Council Member Aho added Item XIV.A.2.
MOTION: Duckstad moved, seconded by Nelson, to approve the agenda as amended.
Motion carried 4-0.
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY ,OCTOBER 16, 2007
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the
Council Workshop held Tuesday, October 16, 2007, as published .Motion carried
4-0.
CITY COUNCIL MINUTES
November 13, 2007
Page 3
B.CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2007
Aho said Page 9 of the minutes should be changed to reflect the correct vote on the
motion, as follows: "VOTE ON THE MOTION:Motion carried 4 -0-1 with
Young opposed."
MOTION: Nelson moved, seconded by Aho, to approve the minutes of the
Council Meeting held Tuesday, October 16, 2007, as amended.Motion carried 4-
0.
C.COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 30, 2007
MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the
Council Workshop held Tuesday, October 30, 2007, as published.Motion carried
4-0.
VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS
A.PLANNING COMMISSION
Jon Stoltz, Vice Chair of the Planning Commission, reviewed the Commission's
current activities. He said they are completing work on the Guide Plan update and
the final draft will be available in early January 2008. They are also completing
work on the Town Center design guidelines and those will also be completed in late
December or early January 2008. They are involved in Active Community
Planning in cooperation with Blue Cross/Blue Shield and the University of
Minnesota and in project review.
Mayor Young thanked him for his presentation.
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.ADOPT RESOLUTION NO. 2007-113 APPROVING FINAL PLAT OF
LIBERTY PLAZA
C.PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT
ENVIRONMENTAL WORKSHEET REVIEW (EAW) (Resolution No. 2007-
1 14)
D.APPROVE CHANGE ORDER NO. 1 FOR RECONSTRUCTION OF
VALLEY VIEW ROAD ,I.C. 02-5586
E.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR
DESIGN OF FLYING CLOUD DRIVE IMPROVEMENTS ,I.C. 07-5708
CITY COUNCIL MINUTES
November 13, 2007
Page 4
F.ADOPT RESOLUTION NO. 2007-115 APPROVING PARTICIPATION OF
THE HENNEPIN COUNTY HOUSING AUTHORITY IN AFFORDABLE
HOUSING PROJECT
G.APPROVE PURCHASE OF NETAPP SAN AND VMWARE HARDWARE,
SOFTWARE, AND SERVICES FROM MOCHADATA
H.ACCEPT TERMS OF SERVICE WITH US BANK NATIONAL
ASSOCIATION FOR CREDIT CARD PROCESSING SERVICES
MOTION: Duckstad moved, seconded by Aho, to approve Items A-H on the
Consent Calendar.Motion carried 4-0.
IX.PUBLIC HEARINGS / MEETINGS
A.HEARING FOR 2007 SPECIAL ASSESSMENTS (Resolution No. 2007-116)
Neal said official notice of this public hearing was published in the October 25,
2007,Eden Prairie Sun Current and sent to 38 property owners. Each year the City
Council holds a public hearing to consider levying the Special Assessments that
have been identified over the previous 12 months. This year the Council will
address a list of projects and supplemental assessments for such things as trunk
utility assessments, lateral utility assessments and connection fees. The total
amount proposed to be assessed in 2007 is $936,488.23.
Al Gray, City Engineer, reviewed the list of assessments ,noting the primary project
was I.C. 05-5642 for the Hilltop Road utility assessments and the remaining six
properties on Crestwood Terrace whose trunk and lateral utility assessments were
excluded for a period of five years. He said the remainder of the list is for trunk
assessments and for tallgrass cutting and tree removal.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Duckstad, to close the public hearing for
the approval of the 2007 Special Assessments; and to adopt Resolution 2007-116
approving all Special Assessments presented in the fall of 2007. Motion carried 4-
0.
B.VACATION OF DRAINAGE AND UTILITY EASEMENT OVER LOTS 1
THROUGH 3, BLOCK 1, THE POINT ON LAKE RILEY, VACATION 07-
09
Neal said official notice of this public hearing was published in the October
25, 2007,Eden Prairie Sun Current and sent to 8 property owners. He said the
property owners have requested the vacation of all the drainage and utility
easements to facilitate the development of The Point on Lake Riley-Leu
project. Prior to adopting the resolution vacating the easements, the
CITY COUNCIL MINUTES
November 13, 2007
Page 5
development agreement must be approved by Council. The resolution for this
vacation will be presented for approval at a future Council meeting.
The drainage and utility easements were originally dedicated with The Point on
Lake Riley Addition. The lots will be replatted and new drainage and utility
easements will be dedicated with The Point on Lake Riley-Leu project.
Young asked if this item is for the public hearing only. Neal said that was correct.
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Nelson to close the public hearing.
Motion carried 4-0.
C.VACATION OF DRAINAGE AND UTILITY EASEMENT OVER LOTS 8
THROUGH 11, BLOCK 4 ,TIMBER LAKES, VACATION 07-10 (Resolution
No. 2007-117)
Neal said official notice of this public hearing was published in the October
25, 2007,Eden Prairie Sun Current and sent to 11 property owners. He said
the property owners have requested the vacation of all the drainage and utility
easements to facilitate replatting of the lots to Timber Lakes 2nd Addition.
The drainage and utility easements were originally dedicated with the Timber
Lakes plat. The lots have been replatted to correct easement encroachment of
the existing homes. New drainage and utility easements have been dedicated
with the Timber Lakes 2nd Addition project.
Rosow said final plat on this was approved by the City Council but has not been
submitted to the City for final approval and release. He said this resolution should
be subject to the filing of the final plat and that the notice of completion not be filed
until the final plat is filed.
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Nelson, to close the public hearing and
to adopt Resolution No. 2007-117 vacating all of the drainage and utility easements
lying over, under and across Lots 8 through 11 inclusive, Block 4, Timber Lakes,
according to the recorded plat thereof, Hennepin County, Minnesota, subject to the
filing of the final plat and that the notice of completion of proceedings not be filed
until the plat is filed.Motion carried 4-0.
D.RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS
LICENSES, PERMITS AND MUNICIPAL SERVICES (LIQUOR LICENSE
FEES) (Resolution No. 2007-118)
Neal said official notice of this public hearing was published in the October
11, 2007,Eden Prairie Sun Current.He said the Council adopts the fee
resolution each December for the fees that will be charged and collected the
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November 13, 2007
Page 6
following year.Because liquor license renewals are sent out before the fee
resolution is approved, it is necessary to update the fee resolution now. Staff
has compared the fees the City charges to comparable cities, has taken into
consideration that liquor related fees have not changed since November 2003
and recommends the following increases:
3.2 Beer Annual License Fee - On-Sale from $750.00 to $800.00
3.2 Beer Annual License Fee - Off-Sale from $150.00 to $175.00
Liquor Annual License Fee - On-Sale from $8,500.00 to $8,750.00
3.2 Beer, Wine, Liquor Investigation Fee for New Managers - from $25.00 to
$50.00
Neal said these fees will provide a more reasonable reimbursement of City costs.
In 2007, the City issued the following licenses:
3.2 beer On-Sale licenses - 3
3.2 beer Off-Sale licenses - 8
Liquor On-Sale licenses - 27
Neal said Police Chief Reynolds is available for questions.
There were no comments from the audience.
MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing and to
adopt Resolution 2007-118 amending Resolution No. 2006-136, Regulating Fees
and Charges for Business Licenses, Permits and Municipal Services .Motion
carried 4-0.
E.PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Request
for:Guide Plan Change from High Density Residential and Regional Commercial
to High Density Residential and Community Commercial on 21.3 acres, Planned
Unit Development Concept Review on 21.3 acres, Planned Unit Development
District Review with waivers on 21.3 acres, Zoning District Change from RM-2.5,
RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial
on 21.3 acres, Site Plan Review on 21.3 acres, Preliminary Plat of 21.3 acres into
five lots and road right-of-way. Location: Southwest of Prairie Center Drive, east
of Columbine Road & west of Highway 212. (Resolution No. 2007-119 for Guide
Plan Change ;Resolution No. 2007-120 for PUD Concept Review ;Ordinance
for PUD District Review with waivers and Zoning District Change; Resolution
No. 2007-121 for Preliminary Plat)
Neal said official notice of this public hearing was published in the November
1, 2007,Eden Prairie Sun Current and sent to 815 property owners. This
project is the redevelopment of the Broadmoor Apartments, Castle Ridge Care
Center and two vacant sites. The overall Planned Unit Development includes
707 housing units and 70,000 square feet of retail and restaurant uses to be
constructed in three phases between 2008 and 2012. The buildings consist of:
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November 13, 2007
Page 7
•260 units of all age housing in a tiered 9-13 story building.
•372 units of senior housing in a tiered 9-13 story building which includes: 60
units of skilled nursing, 27 units of memory care, 75 units of assisted living,
and 210 units of independent living.
•Mixed use retail of 21,000 sq. ft. first floor with 75 senior housing units in three
stories above.
•20,000 sq. ft. of retail
•12,000 sq. ft. of restaurant
•13,000 sq. ft. pharmacy
•4,000 sq. ft. bank
Neal said the developer has committed to providing 20% of the housing units (141
units) as affordable senior housing units. The Comprehensive Guide Plan and the
Major Center Area (MCA) Study are guiding documents for the existing and future
use of land. Since both documents guide the future uses supported by policies it
allows the market place to be creative and gives the City the flexibility to accept
proposals that are not an identical match but accomplish important land use,
housing ,and development goals. The plan as proposed has less housing and more
commercial than the MCA Plan and some of the buildings are taller than
envisioned ,however the plan does accomplish many desirable things:
•Consistency with the intent of the MCA Study for Sub area 4.
•Provides for the continued need of senior related housing.
•Additional mixed use retail ,shops and restaurants complement the housing,
support surrounding retail, and complete a significant commercial corner of
the MCA.
•Pedestrian friendly linkages between housing and retail services.
•Use of shared parking for the mixed use and retail.
•Reduced parking requirements for the senior housing.
•Transition of building heights from single-story retail, four-story mixed use,
and the high -rise housing elements provide scale and interest.
•Significant views of the Purgatory Creek Recreation Area from the proposed
housing element.
Neal said the plan requires waivers for height, density ,setbacks ,parking, and
exterior materials in the RM -2.5 and Community Commercial zoning districts as
part of the PUD. The waivers are consistent with the planning principles of the
MCA Study for taller buildings ,higher densities, shared parking ,pedestrian
interest ,and pedestrian systems. In the October 5, 2007 staff report the
recommendation regarding Cash Park Fee was inadvertently omitted .The project
will be subject to the Cash Park Fee.The 120 -Day Review Period Expires on
December 14, 2007.
Neal said the Planning Commission voted 6-1-1 to recommend approval of the
project at the October 8, 2007 meeting. This was based on coordinating the traffic
circle with the neighboring property to the south and revising the plans as follows:
CITY COUNCIL MINUTES
November 13, 2007
Page 8
•Greater horizontal relief/shadows of all elevations, especially at the corners.
•Incorporate front door architecture on all sides of the buildings. Tower
elements should be added to the corners of each retail buildings.
•Reduce the percentage of EFIS on each retail building to no more than 25%.
•Public art/sculptures in the public gathering spaces.
•Brick pavers for all plazas in front of the retail buildings and public gathering
areas.
•Use of natural stone for seating walls.
•Benches and planter bowls in front of all retail buildings.
•Hanging baskets on all plazas and gathering areas.
•More decorative fencing.
•Large planting beds of perennials and annuals.
•Decorative lighting on all plazas and gathering areas and on all sides of the
retail and mixed use buildings
Neal noted the plans have been revised according to the Planning Commission
recommendations. These revisions will be incorporated into the overall proposal as
part of the Exhibit B plans.
Jeremiah clarified there are over 300 existing housing units on the site , so we are
actually talking about 400 additional units. She noted the overall density and the
traffic is lower than what was envisioned by the MCA study. She said waivers are
necessary because we have not yet updated our comprehensive plan and our
zoning. As discussed at a Council workshop, the project originally came in with a
uniform ten story height for the senior and market rate buildings; however, staff felt
the buildings looked bulkier without the tiering and recommended they be allowed
to go up to 13 stories in certain areas as long as they brought down the height in
other areas in order to provide visual variety. That also made it possible to get more
site amenities.
John Mehrkens, representing Presbyterian Homes, distributed copies of the
presentation given to the Planning Commission last month and said he would give
an abbreviated version of that presentation to the Council. He reviewed the history
of Presbyterian Homes, noting they are a not-for-profit organization that has grown
rapidly over the last five years. He said the site currently holds the Broadmoor, the
Castle Ridge Care Center and two undeveloped parcels. The plans include senior
housing in two buildings, the senior tower and the affordable housing over the
retail center. The senior housing will include 210 units of independent living, 75
affordable housing units, and 75 units of assisted living as well as 260 units of
conventional housing. There will be retail and restaurant facilities in six separated
buildings.
Angie Garcia, 8500 Franlo Road, said she did not like a 10-13-story building on
that property, and she was disappointed that our community is becoming another
Edina with these high-rise buildings.
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November 13, 2007
Page 9
Steve Caruso, 8500 Franlo Road, said he thought the Presbyterian Homes proposal
is a good one and should be built somewhere in the City, but he didn't think this
location is appropriate. He was concerned they are exceeding the height code, and
the code will need to be revised for these buildings. He thought 400 additional units
in that area will make the already difficult traffic situation worse and will adversely
affect the air quality.While it is close to shopping, it is not readily accessible to the
people that will be living there because they will still need transportation across
Prairie Center Drive. He was concerned about the concentration of elderly housing
in this area because there are currently three assisted living facilities there. He was
also concerned that there will be two levels of parking below ground, and he did
not think you could build parking below ground because of the lake.
Glen Gault said he owned one of the condominiums in Broadmoor and asked if all
the existing buildings will be demolished. Mehrkens said they will be over time.
Mr. Gault then asked if the conventional housing units will be condominium units
sold at retail.Mehrkens replied they could be condominiums or luxury rental units.
He noted that is the latest phase of the project, so they are hoping the market will
have recovered by then. Mr. Gault asked about the schedule for demolition.
Mehrkens said the first phase is the CVS Pharmacy at Columbine and Prairie
Center Drive and that would not require demolition. The second phase would be
the Senior Housing component which would require a portion of the Broadmoor to
be razed for that. He noted the census turnover at the Broadmoor is 50% per year,
which will allow them to accommodate everyone in the building.
Sue Stock, 7202 Topview Road, said she served as Chair of the Task Force for the
Purgatory Creek Recreation Area. Her concern was the task force talked about what
we were trying to develop there for the environment, and she was opposed to the
height and the mass of the project. The Flagship Athletic Club is four stories high
and this project is three times taller. She thought it will detract from what we
wanted to create in the park area, and it is not consistent with development in Eden
Prairie.
Don Uram, 13600 Carmody Drive, said he gave a Powerpoint presentation at the
Planning Commission meeting to give the scale of the existing buildings. He said
he lives directly across the Purgatory Creek area from the project. He was not
opposed to the project but he had two issues, the height and the landscaping. He
said his biggest concern about the height is that it should be in perspective with
adjacent properties, and there are no plans for additional redevelopment in this area
for years. In addition, the project requires significant variances. He said the MCA
recommended buildings of 7-10 stories. He has looked at the project since April
and hasn't seen any arguments that justify the increase in height from 10 to 13
stories.He was not sure this project accomplishes anything that a 7-10 story
building wouldn't accomplish. Regarding landscaping, he noted there are about
2000 caliper inches of plant material that will not be able to be planted on the
project. He walks the trail a lot, and the trail corridor along Columbine Drive in this
location is pretty bleak. He asked the Council to consider continuing the project
and asking the developer to work with the Park & Recreation Department to make
that section of the corridor more pedestrian friendly and to return with a plan that
CITY COUNCIL MINUTES
November 13, 2007
Page 10
shows the same configuration in a 7-10 story height. He thought that would give
everyone an opportunity to compare the two building heights.
Matt Mueller, 8673 Grier Lane, said he lives in the Eden Lake neighborhood. He
said the increased traffic there in the past few years has created challenges for the
neighborhood, and the project would double the number of housing units. He said
this project gives the City a skyline, and that skyline will be in the backyard of the
Eden Lake neighborhood, therefore he did not support the project.
Basil Wissner, 8293 Mitchell Road, asked if the Police and Fire Departments
signed off on the plan and, if so, will there be additional equipment that will be
needed in the future because he didn't know if we have any fire trucks that have
extensions to go up 13 stories. Fire Chief Esbensen said they don't have anything
that will go up 13 floors, but the building will be fully sprinkled. The Fire
Department was completely satisfied with a fully sprinkled building and have
reviewed the plans for this.
MOTION: Nelson moved, seconded by Duckstad, to close the public hearing.
Motion carried 4-0.
Nelson asked if the plans have been reviewed to make sure the extra units of senior
housing will not adversely affect the Police and Fire Departments' response time
for health issues.Neal said both the Police and Fire Departments have reviewed the
project and have given comments and concerns through the Planning Commission
recommendation.
Young asked if any additional Police and Fire staff will be needed. Neal said there
will not.
Nelson asked what specific kinds of community art are being proposed for this
project.Mehrkens said he did not know specifically, but they have agreed to have
areas in the design dedicated to community art. He said they will likely work with
the City as well as consultants for commissioned pieces that are permanent,
consistent with the design and appropriate.
Nelson said she noted there will be one waterfall wall and asked if there are any
additional fountains planned. Mehrkens said they have a waterfall in one location
and there is a cascading fountain at the corner of Prairie Center Drive and Flying
Cloud Drive. There will be a cauldron located within the traffic circle.
Nelson said she noted there are quite a number of benches and seating walls
towards Prairie Center Drive and asked why there aren't any next to Columbine
because that would be a natural place along the lake side of the building. Mehrkens
said one of the design elements we incorporated in the project is separating the
urban side of the building from the more natural areas on the Purgatory Creek side.
He said they would be comfortable with adding benches to that side of the building.
Nelson thought that would make a difference and would provide a walkability
factor.
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November 13, 2007
Page 11
Nelson asked how they will make sure there isn't a flooding situation in the
underground parking near the lake. Mehrkens said there is a reasonable topography
on the site, and they have been able to step the building in ways to keep the garage
space well above the water table. They have created entries at various levels with
no internal ramping necessary. Nelson then asked if they considered the 100-year
storm factor in that. Mehrkens said it is a traditional component of their buildings
to have the appropriate drainage.
Nelson asked how the plant material is being handled because there doesn't seem to
be enough space to put the caliper inches back. Jeremiah said staff has accepted
landscaping in kind as much as possible on site, but they could take another look
before the final plat. She said they are looking at taking some of the amenities such
as the waterfall and public art in lieu of trees. The proponent is spending about
$1,000,000 for additional amenities to replace about $300,000 of trees.
Nelson noted this is obviously a key corner of Eden Prairie, and it will become a
significant piece of our landmark. She asked if we have amenities that will make it
adequately special for balancing out the height, and can we guarantee that all the art
and amenities will happen. Jeremiah said the amenity package is extremely high for
this site, and the tradeoff of additional height has concentrated the buildings in a
smaller area and allowed for additional amenities on the site. Staff had foreseen up
to about 1200 units total on this site, so this is a substantially reduced density. In
addition there are straighter connections through the area, so there will be shared
civic spaces and greater walkability overall.
Nelson asked if the first phase includes the corner of Flying Cloud Drive and
Prairie Center Drive. Jeremiah said the first phase is the corner of Columbine and
Prairie Center Drive where the CVS pharmacy would be. Nelson asked which one
is next. Mehrkens said the second phase will be built in two phases. Phase A is the
Senior Housing component, and when that is completed they will be able to
relocate current residents of the Care Center. Nelson asked when that will be
completed. Mehrkens said probably 2009-2010 will be the start of the tower
building, and that would take about 15-17 months to construct. Nelson asked if any
of the real amenities will go in with the first phase of the 13-story building.
Mehrkens said all amenities associated with this end of the site will go in with
Phase 2A, and all amenities associated with the retail component would be part of
Phase 2B. He said the last phase is the all-age housing. Nelson said she was
concerned about not getting enough of the special pieces in at the time the 13-story
building is built, and she would want to make sure some of those happen as the 13-
story building goes up. Mehrkens said they are marketing the community and want
to have as many amenities incorporated into the design when they are put on the
site.
Neal noted the Guide Plan change and the approval of the rezoning are actions that
require a 2/3 approval of the entire Council, so all four Council Members present
would need to vote for approval tonight due to Council Member Butcher's absence.
CITY COUNCIL MINUTES
November 13, 2007
Page 12
Young asked Ms Jeremiah to address the concept of height and scale as well as
some of the comments made by Mr. Uram. He asked staff's position on how this
building fits into the neighborhood, and how we know that a 7-10 story building
would not work economically. Jeremiah said the MCA study looked at only two
areas that would have substantial height. This is one of them, and the other was to
the north near Lake Idlewild. The reason for the choices was to be close to open
space and to be distant from low density residential. We looked at the highest
density redevelopment occurring in this area. We hear about how landmarks help
wayfinding, so the height is somewhat intentional but is limited to this area. Staff
did see a plan that limited the height to 10-stories; however, staff believed the
buildings appeared more massive in scale by having a uniform 10 story height, but
that was a subjective judgment. She said it is possible to go back to ten story height
and meet the specific objectives of the MCA plan, but that would mean this would
have to be deferred until the December meeting.
Young asked why the option is this plan or the older plan with 10-story buildings,
and why there couldn't be tiered buildings that are shorter. Jeremiah said
redevelopment is extremely expensive as is structured parking. Some of the current
buildings are falling short of the market needs, and we have had serious issues
keeping up with the current market. We could go even lower and cover more of the
site, but then we would lose amenities. Staff is comfortable with the plan, having
looked at the initial economics, and they will look at that more closely with the Tax
Increment Financing (TIF) proposal.
Young asked what we have seen to date as far as projections. Jeremiah said this has
been through several iterations and was put on hold so she didn't remember exactly
what we reviewed. We have not negotiated a TIF proposal at this time and that is
yet to be done. In regard to the specific pro forma, Mehrkens said there is extreme
cost to do redevelopment, and there are a number of challenges on the site. He said
the original 10-story development would have had the same unit count and mix but
a different configuration. He said the idea of a tiered building and more open space
was a direction the design team favored and staff encouraged. He was not sure
whether the site could get to the same place with shorter buildings, but that would
require more and shorter buildings that would cover areas now devoted to
amenities.Regarding the tax increment financing, he said they expect to have a
long discussion about the economics of development and what support is going to
be necessary to bring an affordable component to the site, so the more they can do
on the design side to limit the burden on the tax increment the better for them and
for the City.
Young said, if he accepts the height, he would want staff to be sure that this
particular height and unit count is necessary to make the project work. Because it
has been some time since she reviewed the specifics of the alternatives, Jeremiah
said she was uncomfortable making such an absolute assurance today. She
suggested making a condition of final approval that they provide additional
financial information prior to final approval, or the project could be continued to
early December.
CITY COUNCIL MINUTES
November 13, 2007
Page 13
Aho thought the height and the traffic are the most dominant concerns, and it
sounds like we have looked at the traffic aspect of the project in terms of the MCA
study when we say this is actually a lower density than we had planned. He asked if
we have done traffic studies supporting that decision-making process and if we
have that data. Jeremiah said an Environmental Assessment Worksheet was done
with a full traffic study as part of that. It proved the traffic will be lower than that
envisioned by the MCA study.
Regarding the height, Aho thought it is tough to visualize what it will look like and
he thought some different views would be helpful. One of the things we are missing
is a visual from some of the other areas, such as from Eden Prairie Center or from
the Eden Lake neighborhood, so that residents of those neighborhoods could see
what it would look like. He thought such visuals would be helpful both to the
Council and to the residents. Mehrkens said they have the perspectives included in
the package but they have not looked at those two specific areas. They did a
shadow study on the project as a whole with the neighboring properties within a
350 foot perimeter of the buildings and those impacts were negligible. He said they
could provide such visuals, but it would be difficult to do those from every area of
the City.
Aho said it is hard to tell the impact from the pictures across the lake and it would
be beneficial to have a view from Eden Prairie Center or from the neighborhood
side. In terms of the height, his question was already asked by Mayor Young, that
is,what were the drivers for the economics.
Duckstad said the data provided says, in part, that there will be 372 units of senior
housing in a tiered 9-13 story building and asked if the seniors will be in one of the
high rise facilities.Mehrkens replied two locations are planned for seniors, the high
rise facility and the one above the retail center.
Duckstad asked if the two buildings together will have a total of 372 units.
Mehrkens said the 372 includes the 75 units in the affordable housing. Duckstad
asked if they may be sacrificing safety with that size of building and that many
seniors in one location. Mehrkens said it is exactly the opposite. They are
continuum-care providers for all ages and needs of seniors, and a number of their
communities are as large as 600 units. When the seniors can be concentrated into
one facility, they are more likely to have services available to intervene when
necessary thus providing additional safety for those individuals. Duckstad said his
concern was evacuating the residents in case of fire when there are large numbers
in one location. Mehrkens said he would defer to the Fire Marshall on concerns of
fire safety, but this is a non-combustible construction and is fully sprinkled so, from
a code perspective, it is a safe building for the residents.
Duckstad asked if they are part of Presbyterian Homes nationally. Mehrkens said
their communities are in Minnesota, Wisconsin and Iowa, but there are other
Presbyterian Homes around the country that operate under separate charter.
Duckstad asked if this will be their largest project. Mehrkens said it will be one of
the largest.
CITY COUNCIL MINUTES
November 13, 2007
Page 14
Duckstad thought it is possible to see this project as somewhat unwieldy because of
the sheer mass of people in the small area, and he asked how they get around the
unwieldiness of operating such a large project. Mehrkens said the MCA plan for
this property encouraged residential density in this area and designated 1200 units
for the property. They have come in well below that figure and have added a
commercial component. Seniors travel at non-peak times, so they have a lower
impact on peak traffic times than would other types of usage.
Neal said it was earlier this year at our joint session with the Planning Commission
when the Council was fairly forward with encouraging them to consider height and
bulk in the MCA. We had some idea this project might be on the way and
encouraged the Planning Commission to be open to that. This project is a
redevelopment project, and those projects are really our future. Even if we don't
have the pro forma tonight, the economics are tricky. The staff and Planning
Commission analyses of the project said what they were proposing was reasonable.
This is a $200,000,000 investment in our community, and many communities
would chase such a project, but we don't have to chase them. He said staff advice
would be to give them the go-ahead to make the investment.
Young said he recalled the joint meeting and was supportive of the concept then as
he is today. The height is not an obstacle to him, but he just wanted to be sure staff
is sufficiently comfortable with the economics so that we are approving no more
than necessary in terms of height. Neal said we don't have the pro forma here
tonight but we have had considerable discussion on it, and he thought we can give a
reasonable assurance given the level of investment from them and a reasonable
concession from us.
Nelson asked if the senior units over the stores have elevators and if there are
community rooms and activity spaces in the main buildings. Mehrkens said there
are community rooms in both buildings. The smaller building will have a smaller
venue for those types of activities, but the larger building will welcome residents
from across the street to use amenities such as the pool and the fitness center.
Nelson then asked why they are doing a stand-alone drugstore as Phase 1 rather
than incorporating it into the other corner with mixed use. Mehrkens said there is a
stepping of the building, and there is a co-developer for that component of the site.
CVS came to the co-developer as a tenant, and they have designed the building to
fit into the architecture of the rest of the site.
MOTION: Aho moved, seconded by Duckstad, to adopt Resolution No. 2007-119
for Guide Plan Change from High Density Residential and Regional Commercial
Service to High Density Residential and Community Commercial on 21.3 acres, to
adopt Resolution No. 2007-120 for Planned Unit Development Concept Review on
21.3 acres, to approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Change from RM-2.5, RM-6.5
and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3
acres, to adopt Resolution No. 2007-121 for Preliminary Plat on 21.3 acres into five
lots and road right-of-way, and to direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations and Council conditions.
CITY COUNCIL MINUTES
November 13, 2007
Page 15
Motion carried 4-0.
X.PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Aho, 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."
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
A.REQUEST TO LOCATE EDEN PRAIRIE LIONS CLUB MEMORIAL IN
ROUND LAKE PARK
Lotthammer said staff was recently approached by members of the Eden Prairie
Lions Club with a request to locate the Lions Club Memorial within Round Lake
Park. Previously, the memorial was located on the southeast corner of Valley View
and Eden Prairie Road. When the road was upgraded and widened, the memorial
was removed due to lack of space and proper set-backs. In addition to many other
donations to parks and programs, the Lions contributed to the funding and
construction of the pavilion at Round Lake Park. Round Lake Park is also the
location where the Lions Club conducts the Corn Feed and Schooner Days events.
The area that is being proposed to locate the memorial is near the picnic pavilion
and would tie-in with the previous contributions from the Lions Club. The Lions
Club will fund the relocation and any ongoing maintenance or improvements to the
site.Members of the Lions Club attended the September 4, 2007, Parks, Recreation
and Natural Resources Commission meeting to review the request. The Parks
Commission voted unanimously to recommend the City Council accept the request.
Mike Gust, 7280 Prairie View Drive, said the club needs the Council's help to find
a place for the memorial. The Lions Club has been in Eden Prairie since January of
1961, and they are asking for the Council's help to move the memorial to Round
Lake Park.
Duckstad disclosed he is a member of the Lions Club and would abstain from
voting if there was a conflict of interest on his part. Rosow said he did not believe
that situation would represent a conflict.
MOTION: Duckstad moved, seconded by Nelson, to support the request from the
Eden Prairie Lions Club and to authorize staff to enter into an agreement with the
Lions Club to locate the Lions Club Memorial within Round Lake Park.Motion
carried 4-0.
Aho said he really appreciates all their contributions and the work the Lions Club
does here in the city, and he was thrilled to have them there at Round Lake Park.
XIII .APPOINTMENTS
CITY COUNCIL MINUTES
November 13, 2007
Page 16
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
1.Resolution No. 2007-122 in Support of Funding for Highway 212
Nelson said the Southwest Corridor Transportation Commission has asked
all cities along the US Highway 212 corridor to adopt the resolution in
support of funding for improvements to the highway. She noted it doesn't
directly affect Eden Prairie, but the other cities did support us when we
were getting this through and she recommended we support it.
MOTION: Nelson moved, seconded by Duckstad, to adopt Resolution No.
2007-122 in support of funding for Highway 212 .Motion carried 4-0.
2.Council Member Aho - Comments
Regarding the lease for the Smith-Douglas-More house discussed at the last
meeting, he said he had further discussion with some members of the
community to determine if they were close to making a decision about
taking over the property from the City and managing it. He said it sounds as
though that decision is quite a ways off, so he would like to bring the lease
topic back before the Council to have another discussion about the length of
the lease.
Young asked if he was requesting that item be put on the agenda at the next
meeting. Aho said that was correct.
Nelson asked if the lease has already been signed. Rosow said his office has
drafted the lease and sent it to Mr. Lindahl, but he didn't know if Mr.
Lindahl has passed it on to the proposed tenant. Aho asked if we could find
out the status of the lease.Rosow said it would be difficult to pull it back if
the tenant has signed the lease, but we can inquire and have Mr. Lindahl
pull it back tomorrow and say we need to consider further matters at the
Council table.
Nelson said she has problems putting this off for a month until we meet
again because a year is a short lease to begin with. She was not sure
anything has changed in the status, and we gave them an opportunity to turn
things around in the next year. She didn't see any reason to revisit what we
have already done.
Young thought Mr. Aho is just asking for the item to be put on the Council
agenda. Nelson said that will put off the lease being redone for another
month and puts the community back into questioning what is happening to
this facility.
CITY COUNCIL MINUTES
November 13, 2007
Page 17
Young said procedurally he was not sure we can say no to the request.
Nelson then asked if Mr. Aho wanted to reconsider the lease. Aho said he
wanted to look at the lease period and talk about the options that we have
available. Nelson said then that would be a vote to reconsider.
Rosow said in order to fully maintain the options, the request would be to
reconsider the prior action and withdraw any offer to enter into a one-year
lease , subject to further consideration by the Council.
Young said he thought a process has begun and if it has been transmitted to
them and they have signed it, then it is done. He didn't want to go any
further tonight than to honor Mr. Aho's request to put it on the agenda and
inquire of Mr. Lindahl whether it has already been delivered.
Nelson said she objected to reconsidering this.
B.REPORT OF CITY MANAGER
1.Consulting Firm for the City's 20-40 -15 Energy Initiative
Neal said this item is the award of a contract to the firm staff believes is in
the best position to assist the City with the 20-40-15 initiative. He said an
interdepartmental committee of City staff interviewed six consulting firms,
reviewed proposals, checked references and toured plants before
recommending the firm McKinstry. He introduced Tom Laufenberg,
Regional Manager of McKinstry.
Laufenberg said Minnesota has specific legislation that allows city
governments to implement energy efficiency projects and allows the
savings from those projects to be used to make the payments. He said they
look forward to helping develop a master plan for the City and ultimately
providing some measurement verification specifications and bringing some
of the funding for the program. He said there are rebate programs that help
pay for some engineering consulting costs up front and some that would
help with implementation on the back side.
Aho asked if they provide only the consulting side or do they also provide
products and services. Laufenberg said they do not provide any products,
but they do put a plan together up front and then would want to be in the
engineering and construction management of implementation on the back
side. They do annual measurement to be sure the savings are realized.
Aho asked if the cost of all the services they would provide would be more
than offset by the savings the City would get. Laufenberg said the statute
requires it have no more than a 15-year payback time, and those savings
would be energy related but there also would be operations and
maintenance cost savings.
CITY COUNCIL MINUTES
November 13, 2007
Page 18
Nelson asked for examples of the kinds of things they would do and how
much closer this will get us to 20-40-15. Laufenberg said they will propose
new lighting technology and temperature control systems. There are more
innovative technologies such as solar walls, thermal solar operations and
geothermal possibilities for energy savings. He said they also help to
increase public awareness, and they try to get the local schools involved.
Nelson asked if they look at wind energy. Laufenberg said they would bring
back the information to look at. There are a number of different scenarios
they will provide data on.
Young said he had an opportunity to meet with Mr. Laufenberg at the U. S.
Mayors' Conference two weeks ago which McKinstry co-sponsored, so this
speaks to their qualifications.
Duckstad asked Mr. Laufenberg to explain how long they have been
involved in this kind of work and for what entities they have worked.
Laufenberg said they have been in this work for over 50 years and have
over 1500 employees, of which more than 100 are licensed engineers. They
have a major city project in Seattle, a project to get off the grid at the
University of Minnesota, Morris campus, and the St. Anthony/New
Brighton School District.
Duckstad asked what measurements of savings they use to determine if they
have succeeded in saving. Laufenberg said the federal government has
guidelines for federal energy service projects, and most state governments
use those guidelines. He said they would use those guidelines for their on-
going evaluation. They try to keep it as straight forward as possible, and
measurement verification provides cities with a clear and concise way to
measure performance towards goals.
MOTION: Nelson moved, seconded by Aho, to approve McKinstry as the
Consulting firm to assist the City in its 20/40/15 energy initiative.Motion
carried 4-0.
2.Town Hall Meeting on November 27
Neal said the Town Hall meeting will be held on Tuesday, November 27, at
7:00 PM in Fire Station 4. The same format will be used as in previous
years.
3.Upcoming 2007 Workshops
Neal said Monday, December 3, is the Joint Meeting with the Chamber of
Commerce and Tuesday, December 18 is the Joint Meeting with the
Planning Commission. He said he is starting to do planning for the Council
workshops and meetings for 2008 and will bring that schedule for Council
approval on December 3.
CITY COUNCIL MINUTES
November 13, 2007
Page 19
4.MLC Legislative Agenda
Neal said he is serving on the subcommittee this year, and he will be
circulating the draft legislative agenda to Council Members on Friday. He
asked Council Members to look at that and let him know if there are
concerns or preferences.
5.Planning for 2008 Council Planning Retreat
Neal said Staff is working on the retreat for early in 2008 to make sure Staff
knows what the general direction of the Council is on a few important
items. He asked Council Members to look at their January schedules to see
what days are possible for the retreat.
C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1.Windsor Plaza Update
Jeremiah said this is an update on Town Center Phase 1 activity at the
northwest quadrant of Flying Cloud Drive and Regional Center Road. Three
old buildings have been demolished to make way for the new Windsor
Plaza mixed use retail, office and restaurant development. There will be site
grading next week with completion in the fall of 2008. She said leasing is
going very well, with a major office tenant already taking about 80%. She
said the final leases and revelation of who the businesses are is awaiting
streetscape cost estimates so the leases can be completed. She said they are
calling a special City Council meeting Thursday, November 15 at 5:00 PM
to take a quick action with regard to the Windsor Plaza redevelopment to
resolve a technicality. The Planning Commission will make their finding
tomorrow and the special meeting on Thursday will allow the project to
move forward.
Aho asked if it will be held in the Council Chamber. Neal said it will be in
the Council Chamber and minutes will be taken, but it will not be on live
television.
2.2008 and 2009 Appropriations for Outsourced Human Services
Contracts
Neal said this item is to approve funding recommendations made by the
Human Services Review Committee for social service providers for 2008
and 2009. He noted the Council talked about this at the last Council meeting
and he suggested then the Council try to reach a decision this evening. It is
part of our budget and the Council does not have to reach a final conclusion
until December 18th, but several agencies are waiting and hope to hear from
the Council on this matter. In other budget years we have been able to wrap
up this part of the budget early. There are a group of employees that serve
as the Human Services Review Committee interdepartmental group that
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November 13, 2007
Page 20
receives the grant applications, scores them, and makes recommendations.
He said the process this year was very similar to that used in previous years.
Jeremiah said we did talk about this at the last meeting. The Human
Services Review Committee is recommending full funding of the agency
requests for 2008 and 2009, and that is within the parameters of the 2007
budget except this year they are recommending that Cornerstone go back to
the Police Department budget because that is a standard police need. The
actual budget for service agencies has been reduced from the past, and the
required allocation for 2008 for full funding is $160,280 and for 2009 is
$161,007. The difference in the two years is due to the increase for the
Hennepin South Services Committee (HSSC).
Young said Mr. Neal and he met this morning with the Superintendent of
Schools and the School Board Chair to discuss the issues of overlap, and
those issues were resolved to his satisfaction. He said he is supporting the
staff recommendations and is convinced that these services are part of
community initiatives and are not matters that would belong to the School
District budget.
Nelson said she concurred that these are all worthy of funding and do
provide important services to the City.
Duckstad said the numerous reports Ms Jeremiah prepared were very
helpful. He thought all of the programs that are at issue for consideration
are good programs and all should continue. His concern is that the City of
Eden Prairie has to come to grips with the fact that we have a limited
amount of dollars. We started the year with a referendum for $6,600,000 for
a Community Center that may grow close to $18,500,000, not including
start up costs. In addition to that kind of expenditure the property taxpayers
here in Eden Prairie not only support our City government but also support
the Hennepin County government. He said 33% of their property taxes go to
Hennepin County, and Hennepin County has a huge budget, one-third of
which is devoted to Human Services deliveries. He thought the citizens of
Eden Prairie deserve some acknowledgment that they make a great payment
at some sacrifice to do their job in supporting these programs. After
reviewing all the material there is some duplication in services and the
problem may be not having access to services. He felt the City of Eden
Prairie ought to step aside and permit the faith-based institutions and service
organizations to step forward and fund these programs. He was not in favor
of fully funding all the programs except for Meals on Wheels and PROP.
He thought a 50% reduction was in order for the first year with the hope
there is a transition to community-based volunteers to pick up the slack.
Young agreed the taxpayers do pay a lot of tax to Hennepin County and the
County's focus clearly is on the City of Minneapolis. He did not think our
residents get value for the County taxes we pay.
CITY COUNCIL MINUTES
November 13, 2007
Page 21
Neal noted the Community Center project is not $18,500,000, but rather is
about $14,600,000, including trails, ball fields and the building. The
funding recommended by Staff is a zero increase. If you look at the tax
information we saw at the October 30 workshop and these numbers are
incorporated into the budget proposal, a Median Single Family Home
(MSFH) will have an increase in taxes this year that is below the cost of
inflation.Most of these programs are in front of the Council tonight because
there is not community-based support from churches or private
organizations to provide support for them. We frequently hear from that
sector of the community that they do not have the resources to take on new
obligations.
Aho said he agreed with some of the sentiments in terms of looking for
private partnerships with some of these projects. He believed it would be in
our best interest to fund these, but to continue to solicit the County to help
participate and bring these to the county level. He thought we should ask
the County to see if they would help with these because we aren't getting
the participation from them we should get.
Neal said that concern has arisen before. We have contacted both
Commissioners Koblick and Johnson officially and requested a joint
meeting with them. Commissioner Johnson's office said they have their
own budget session late this week and some time after that would be willing
to discuss the equity issue and what their resources are. Aho said he thought
that would be appropriate.
MOTION: Nelson moved, seconded by Aho, to approve funding
recommendations made by the Human Services Review Committee for
social services providers for 2008 and 2009.Motion carried 3 -0-1, with
Duckstad opposed.
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
MOTION: Aho moved, seconded by Duckstad, to adjourn the meeting.Motion carried
4-0.Mayor Young adjourned the meeting at 9:50 PM.
UNAPPROVED MINUTES
ITEM NO.: VI.C.
EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING
TUESDAY,NOVEMBER 15, 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: City Manager Scott Neal, Community Development Director Janet Jeremiah and
Council Recorder Lorene McWaters
1.ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 5:05 PM. Council Members Butcher and Nelson
were absent.
II.PLEDGE OF ALLEGIANCE
III.APPROVE EXECUTION OF FIRST AMENDMENT TO THE DEVELOPERS
AGREEMENT FOR WINDSOR PLAZA AND QUIT CLAIM DEED FOR EDEN
ROAD
Neal said that as part of the Windsor Plaza development, a portion of Eden Road was
vacated; however, it was recently discovered that the City owns fee title to a small portion of
the underlying property. The development as approved by the City Council incorporates the
vacated Eden Road into the development. Therefore the developer is requesting that the City
execute and convey to the developer by Quit Claim deed, the small portion of Eden Road
owned by the City included in the vacation.
Minnesota Statutes requires that before the City disposes of any real property , the Planning
Commission review the proposed disposal and report to the City Council in writing its
findings as to compliance of the proposed disposal with the Comprehensive Plan. At its
November 14, 2007, meeting the Planning Commission found that the conveyance of the
portion of the vacated Eden Road owned by the City to Windsor Plaza,LLC, is in
compliance with the City's Comprehensive Plan.
MOTION: Aho moved, seconded by Duckstad, to approve execution of the First
Amendment to the Developers Agreement for Windsor Plaza and the Quit Claim Deed for
Eden Road Motion carried 3-0.
IV.ADOPT RESOLUTION NO. 2007-123 AMENDING RESOLUTION 2007-86, TO
CORRECT DESCRIPTION OF HIGHWAY EASEMENT PER DOCUMENT NO.
1156115 AND SLOPE EASEMENT PER DOCUMENT NO. 1174574 IN
RESOLUTION NO. 2007-86 ,VACATION 07-06
Neal said the legal description for the Highway Easement approved in Resolution 2007-86 at
the City Council meeting on November 13 was incorrect. This action will correct that error.
CITY COUNCIL AGENDA
November 15, 2007
Page 2
MOTION: Duckstad moved, seconded by Aho, to adopt Resolution No. 2007-123
amending Resolution No. 2007-86, to correct the description of Highway Easement per Doc.
No. 1156115 and Slope Easement per Doc. No. 1174574 in Resolution No. 2007-86,
Vacation 07-06.Motion carried 3-0.
V.ADJOURNMENT
MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting.Motion carried 3-
0.Mayor Young adjourned the meeting at 5:13 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 3, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.A.
Christy Weigel,Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette &Tobacco Products - New Ownership
Holiday Stationstores, Inc.
(Formerly Hiawatha Marketing, Inc)
DBA: Holiday Stationstore #386
7447 Eden Prairie Road
On-Sale Liquor License - New Ownership
Licensee name: Applebee's Restaurants North, LLC
(Formerly Apple American Limited Partnership of MN)
DBA: Applebee's Neighborhood Grill & Bar
8421 Joiner Way
Amendment to Liquor License
2AM Closing Permit -Renewal
Wadsworth Old Chicago Inc
DBA: Old Chicago
1
CITY COUNCIL AGENDA DATE: December 3, 2007
SECTION: Consent Agenda
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.B.
Community Development/Planning The Pointe on Lake Riley - LeuJanet Jeremiah
Regina Herron
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment; and
•Approve the Development Agreement for The Pointe on Lake Riley - Leu; and
•Approve and Authorize Issuance of a Grading Permit for The Pointe on Lake Riley -
Leu, subject to release by the City Engineer upon determination that the final contract
documents conform to plans stamp dated September 25, 2007, as approved by the
City Council.
Synopsis
This is final approval for one lot in order to build a single family home on 2 acres.
Background Information
The 120-Day Review Period Expires on December 18, 2007.
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Development Agreement
THE POINTE ON LAKE RILEY - LEU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.25-2007-PUD -11-2007
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 R1-22 Zoning District 25-2007-PUD-1 1-2007 (hereinafter "PUD-11-2007-R1-22).
Section 3 .The City Council hereby makes the following findings:
A.PUD-11-2007-R1-22 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B.PUD-11-2007-R1-22 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-11-2007-R1-22 are justified by the design of the
development described therein.
D.PUD-11-2007-R1-22 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 December 3, 2007, entered into between Jeffrey D. Leu
and Karen M. Leu, G&L Land Investment, L.L.C. and the City of Eden Prairie, (hereinafter
"Development Agreement ). The Development Agreement contains the terms and conditions of
PUD-11-2007-R1-22, 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 RI-22 Zoning District and shall be included hereafter in the Planned Unit
Development 11-2007-R1-22, 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
2"d day of October, 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 3rd day of
December, 2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2007.
EXHIBIT A
PUD Legal Description -
Legal Description Before Final Plat
Lots 1, 2, and 3, Block 1, The Pointe on Lake Riley
Legal Description After Final Plat
Lot 1, Block 1, The Pointe on Lake Riley Second Addition
THE POINTE ON LAKE RILEY - LEU
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.25 -2007-PUD -11-2007
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 9100
Stephens Pointe within the R1-22 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 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
AMENDMENT TO DEVELOPMENT AGREEMENT
THE POINTE ON LAKE RILEY -LEU
THIS AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment ) is entered
into as of December 3,, 2007, by Jeffery D. Leu and Karen M. Leu, husband and wife, hereinafter
referred to as "Leus," their successors and assigns ,G&L Land Investment, L.L.C. a Minnesota
limited liability company (hereinafter referred to as "G&L ) and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City :
WITNESSETH:
WHEREAS, G&L and the City of Eden Prairie entered into that certain Development
Agreement Pointe At Lake Riley, dated June 21, 2005, filed as Document No. 4137447 on July
19, 2005, (hereinafter the "Development Agreement ). The Development Agreement affects real
property legally described as Lots 1, 2, 3, and 4, Block 1, and Outlots A and B, The Pointe On
Lake Riley (the "Existing Development Property ),.
WHEREAS, Leus have applied to City for Planned Unit Development Concept Review on 2
acres, Planned Unit Development District Review with waivers on 2 acres, Zoning District
Amendment within the RI -22 Zoning District on 2 acres, and Preliminary Plat of 2 acres into 1 lot,
for that part of the Existing Development Property legally described on Exhibit A attached hereto
(the "Property ).
WHEREAS, the parties desire to amend the Development Agreement as it applies to the
Property and are entering into this Amendment for that purpose.
WHEREAS, it is agreed that G&L shall continue to be responsible for all of its obligations
as the "Developer under the Development Agreement, except for those obligations that are
expressly assumed by the Leus in this Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated in
and made a part of this Amendment, and in consideration of the City adopting Resolution No.
for Planned Unit Development Concept Review, Ordinance No.for
Planned Unit Development District Review and Zoning District Amendment within the R1-22
Leu/AmendmenttoDevAgmt -Cleanl 11907 1
Zoning District on 2 acres, and Resolution No.for Preliminary Plat, it is agreed to
construct, develop and maintain the Property as follows:
PLANS: Leus shall develop the Property in conformance with the materials revised and
stamp dated September 25, 2007, reviewed and approved by the City Council on October 2,
2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2.ABANDONMENT OF SANITARY SEWER AND WATER SERVICES: Prior to
issuance of an occupancy permit, the sewer and water services that are not to be utilized
shall be abandoned as indicated on the Plans in accordance with the requirements of the
Engineering Division.A permit for this work must be obtained from the Engineering
Division prior to beginning the work.
3.GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A.FINAL GRADING AND DRAINAGE PLAN: Leus agree that the grading and
drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Leus 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, Leus shall certify to the City that the Stormwater Facilities conform to the
Plans and that the Stormwater Facilities are functioning in accordance with the
approved plans.
Leus shall employ the design professional who prepared the Plans. 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 Leus 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 Property.
Leu/AmendmenttoDevAgmt -Cleanl 11907 2
Leus shall employ the design professional who prepared the Plans 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. Sediment, debris, litter or vegetation removal in Stormwater Infiltration
Systems shall be 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 Developer maintenance, the Owner of the Property shall
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 removal of sediment build-up. Sediment
build-up in Stormwater Infiltration Systems shall be removed by hand or as
permitted by the preceding paragraph.
C.STORMWATER POLLUTION PREVENTION PLAN (SWPPP ):Prior to
issuance of a land alteration permit, Leus 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, Leus shall complete implementation of
the approved SWPPP.
4.PROVISION OF AS-BUILT DRAWING: Upon completion of the grading for the
Property, Leus shall submit to the Engineering Division a mylar drawing of the revised
profile over the public storm sewer within Lot 1 of the Property.
5.PUBLIC USE OF STREETS :All the private streets (but not driveways) are open to the
use of the public as a matter of right for the purposes of vehicular traffic as defined in
Minnesota Statues 169 .01, Subd. 29.
Leu/AmendmenttoDevAgmt -Cleanl 11907 3
6.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-22 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD
A waiver from the requirement for 90 feet of frontage on a public
street to 0 feet of street frontage.
7.TREE LOSS - TREE REPLACEMENT: There are 656 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 77
diameter inches. Tree replacement required is 57 caliper inches. Prior to the issuance of any
grading permit for the Property, G&L shall submit to the City Forester and receive the City
Forester's written approval of a tree replacement plan for 57 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Leu 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.
8.WETLAND PLAN:
A.Wetland Plan: A Wetland Plan has been submitted and approved by the
Environmental Coordinator in connection with the Development Agreement.G&L
shall remain and be responsible for compliance with paragraphs 15, A, B and E of
the Development Agreement.
B.Conservation Easement :Prior to release of the final plat for the Property, Leus and
the City shall execute an Amendment to Conservation/Scenic Easement in the form
attached hereto as Exhibit D.After execution by the City, Leus shall file the
Amendment to Conservation/Scenic Easement 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 Leus or owners, their successors and/or
assigns.
Prior to the issuance of the first building permit for the Property, Leus shall submit to
the Environmental Coordinator proof that the Amendment to Conservation/Scenic
Easement has been recorded in the Hennepin County Recorder's Office/Registrar of
Titles' Office.
Leu/AmendmenttoDevAgmt -Cleanl 11907 4
C.Wetland Buffer Strip Monuments :Prior to release of the first building permit for
any portion of the Property, and prior to recording of any document affecting the
property, including any mortgage granted by the Developer or owners, their
successors and/or assigns, G&L shall install all wetland buffer strip monuments for
the property as required by the Development Agreement.Wetland buffer strip
monument locations shall be shown on the final grading plan and final plat. The post
shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4
inch (4 x 4 ) that states "Wetland Buffer: No Mowing Allowed . The post shall be
mounted to a height of a minimum of four feet above grade set at least 42 inches in
the ground. The bottom of the post must be fitted with an anchor attachment that
would expand upon attempted removal.Removal of the wetland buffer strip
monuments is prohibited.
9.REAFFIRMATION OF DEVELOPMENT AGREEMENT AND INCORPORATION
OF EXHIBITS: G&L agrees to and reaffirms all of the terms and conditions and accepts
the obligations of "Developer under the Development Agreement except as inconsistent
with or amended by this Supplement.
The Development Agreement shall remain in full force and effect in all of its terms and
conditions, as amended by this Amendment. G&L shall be solely responsible for all of its
obligations as the "Developer under and pursuant to the Development Agreement and for
any additional obligations assumed by G&L pursuant to the terms of this Amendment. Leus
are responsible for and have assumed only those obligations and liabilities expressly
assumed by them in accordance with the terms of this Amendment. By executing this
Amendment, the Leus do not assume responsibility for any preexisting obligations arising
under the Development Agreement, it being agreed that G&L shall be solely responsible for
all such preexisting obligations, as the same may be amended by this Amendment.
G&L consents to this Amended Development Agreement. G&L further agrees that it shall
remain responsible for compliance with all requirements of the Development Agreement that
are not herein expressly assumed by Leus. Leus agree and do hereby grant G&L the
reasonable right of entry and access onto the Property for completion of all requirements of
the Development Agreement as amended by this Amended Development Agreement, Riley-
Purgatory-Bluff Creek Watershed District Permit 2005-17 dated June 1, 2005 and U. S. Army
Corps of Engineers Permit 2005-4349-JJY dated February 24, 2006. All such entry and
access by G&L shall be conducted in a manner that will cause the least possible damage to
the Property; and G&L shall fully restore any damage to the Property resulting from such
entry and access.
Exhibits A, B, C and D attached hereto are incorporated in and made a part of this
Amendment.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Leu/AmendmenttoDevAgmt -Cleanl 11907 5
Jeffrey D. Leu
Karen M. Leu
G&L Land Investment ,L.L.C.
a Minnesota limited liability company
By
Its Chief Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
By
Phil Young
Its Mayor
By_
Scott H. Neal
Its City Manager
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
Leu/AmendmenttoDevAgmt -Cleanl 11907 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2007, by
Jeffery D. Leu and Karen M. Leu, husband and wife.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2007, by
the Chief Manager of G&L Land Investment ,L.L.C.,a
Minnesota limited liability company ,on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Leu/AmendmenttoDevAgmt -Cleanl 11907 7
EXHIBIT A
DEVELOPMENT AGREEMENT -THE POINTE ON LAKE RILEY--LEU
Legal Description Before Final Plat
Lots 1, 2, and 3, Block 1, The Pointe on Lake Riley
Legal Description After Final Plat
Lot 1, Block 1, The Pointe on Lake Riley Second Addition
Leu/AmendmenttoDevAgmt -Cleanl 11907 A-1
EXHIBIT B
DEVELOPMENT AGREEMENT -THE POINTE ON LAKE RILEY--LEU
Preliminary Plat & Existing Conditions dated 09 /04/07 by Kallio Engineering
Grading ,Drainage ,Erosion Control ,& Tree Preservation Plan dated 09/04/07 by Kallio
Engineering
Leu/AmendmenttoDevAgmt -Cleanl 11907 B-1
EXHIBIT C
DEVELOPMENT AGREEMENT - THE POINTE ON LAKE RILEY-LEU
All references in this Exhibit C to "Developer shall mean and refer to Jeffery D. Leu
and Karen M. Leu. All references in this Exhibit C to G&L shall mean and refer to
G&L Land Investment, LLC, a Minnesota limited liability company.
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:
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:
Leu/AmendmenttoDevAgmt -Cleanl 11907 C-1
A.That Developer has marketable fee title free and clear of all mortgages and liens.
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 to the best of Developer's knowledge, 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, G&L shall have paid 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.To the extent acceptable plans have not previously been submitted by G&L in connection
with development of the Existing Development Property ,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
Leu/AmendmenttoDevAgmt -Cleanl 11907 C-2
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, G&L shall have permanently
demarcated 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 and execution by the City,
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)
Leu/AmendmenttoDevAgmt -Cleanl 11907 C-3
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, G&L 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.
Leu/AmendmenttoDevAgmt -Cleanl 11907 C-4
EXHIBIT D
DEVELOPMENT AGREEMENT - THE POINTE ON LAKE RILEY--LEU
AMENDMENT TO CONSERVATION/SCENIC EASEMENT
THIS AMENDMENT TO CONSERVATION/SCENIC EASEMENT ("Amendment")is
made this-day of ,2007 by and between ,hereinafter referred to
as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter
referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to
as "the Property",
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgages,
and encumbrances, except:
a.Terms and conditions of that certain Development Agreement by and between the City of
Eden Prairie and the Developer, G & L Land Investment, LLC, a Minnesota limited liability
company, filed July 19, 2005 ,as Document No. 4137447.
b.Conservation /Scenic Easement ,as contained in Document No. 4239350.
c.Terms and conditions of Agreement Regarding Special Assessments dated 3-15-2006,
filed 4-21-2006,as Document No. 4249579.
d.Terms and Conditions of Cross Access/Maintenance Agreement dated 3-20-2006, filed 4-
21-2006, as Document No. 4249580.
C.Terms and conditions of Declaration of Easements ,Covenants ,Conditions and
Restrictions for The Pointe on Lake Riley ("Pointe ), dated 4-28-2006, filed 6-30-2006, as
Document No. 4277592.
f.Utility and drainage easements as shown on the recorded plats of The Pointe on Lake
Riley and The Pointe on Lake Riley Second Addition.
g.Rights of the public and the State of Minnesota in and to that portion of the Prope
lying below the natural high water mark of Lake Riley.
h.Pending special assessments for Riley Lake improvements.
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to
prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B,
hereinafter referred to as the "Easement Area , attached hereto.. The Property is subject to the easements
and restrictions established the Conservation/Scenic Easement Pointe at Lake Riley, dated March 20,
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-1
2006 ,and filed for record March 24 ,2006, as Hennepin County Registrar of Titles Document No.
4239350 (the "Easement Agreement ).
WHEREAS ,the Easement Agreement also encumbers Lot 4, Block 1, The Pointe on Lake Riley
("Lot 4 ).
WHEREAS ,Grantor and the City have agreed to amend the Easement Agreement as stated
below, and are entering into this Amendment for that purpose.
NOW, THEREFORE ,Grantor and the City agree the Easement Agreement is amended as
follows:
1.The City agrees that paragraph 2F of the Easement Agreement shall hereafter apply only
to Lot 4 .The Property shall not be subject to any of the terms, covenants ,conditions or restrictions
stated in paragraph 2F of the Easement Agreement.
2.The following new subparagraphs are added to paragraph 2 of the Easement Agreement:
G.Grantor may, no more than once per calendar year, remove sediment caused by
stormwater drainage into a stormwater ponding area .Any removal of sediment
must be pre-approved in writing by the City and be in accordance with City and
Wetland Conservation Act guidelines .Landscaping must be replaced in
accordance with the requirements outlined in this Conservation Easement.
H.One Lake Access Path may be constructed for the Property from an area outside
the Easement Area to Lake Riley, subject to the following restrictions:
i.The path may be no wider than ten (10) feet.
ii.The path may have up to a 2 foot maintenance strip on either side of the
path.
iii.The path may traverse a width of no more than eighteen (18) feet in
width as it proceeds from beginning to end.
iv.The path may not be located in the side yard setback.
v.The path may include mowed grass.
vi.The path may not remove significant trees.
vii.The path may not have side rails ,unless required by building code.
viii .The path may have steps and/or a lift built where the grade of the path
exceeds 15 percent ,providing it is not filling a wetland area.
Construction materials must be of composite, treated lumber ,plastic or
cedar.
No filling of wetlands for construction of the Lake Access Path is allowed. The
Lake Access Path construction is subject to the following restrictions:
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-2
i.Where the Lake Access Path does not cross a wetland area, the path may
be covered in wood chips, but not improved with any other material.
ii.Where the Lake Access Path does cross a wetland area , the path must be
a raised boardwalk.
iii.Boardwalks and dock sections within wetland areas shall be a minimum
of 6 inches above the ground and must be constructed of composite,
treated lumber, plastic or cedar. Post and beam sizing and spacing shall
be as required by building code.
1.Exhibit C attached hereto replaces Exhibit C to the Easement Agreement, as it
affects the Property described in Exhibit A attached to this Amendment.
Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip shown on Exhibit C. Removal of wetland buffer monuments is not
allowed.The original Exhibit C attached to the Easement Agreement shall
remain in effect with respect to Lot 4.
2.This Amendment is incorporated in and made a part of the Easement Agreement. All
words and phrases defined in the Easement Agreement shall, when used in this Amendment, have the
same meanings stated in the Easement Agreement unless the context clearly requires a different meaning,
including that all references in this Amendment to the "Grantor shall mean and refer to Jeffery D. Leu
and Karen M. Leu, and not the Grantor named in the Easement Agreement, and all references in this
Amendment to the Property shall mean and refer only to the Property as legally described in Exhibit A
hereto, and shall not include Lot 4 or any other land subject to the Easement Agreement. The Easement
Agreement shall remain in effect in all of its terms and conditions, as amended by this Amendment. By
executing this Amendment, the City does not intend to release Lot 4 from any of the terms, covenants or
conditions of the Easement Agreement; all of which shall remain in full force and effect with respect to
Lot 4.
3.Grantor acknowledges and agrees that the Property is subject to all of the terms and
conditions of the Easement Agreement, as modified by this Amendment. Grantor agrees to maintain the
Easement Area as it affects the Property in accordance with the provisions stated in this Amendment.
4.The duration of the Easement Agreement as amended by this Amendment is perpetual
and shall bind and inure to the benefit of Grantor and the City and their respective successors and
assigns .The provisions of the Easement Agreement and this Amendment shall run with the title to the
Property and be enforceable against Grantor and Grantor's successors in title to the Property.
5.Nothing contained in the Easement Agreement or this Amendment shall impair any right
of the City now held or hereafter acquired to construct or maintain public utilities in or on the Easement
Area.
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-3
IN WITNESS WHEREOF, the parties to this Amendment have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR
NOT TO BE SIGNED
NOT TO BE SIGNED
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
CITY OF EDEN PRAIRIE
By NOT TO BE SIGNED
Phil Young
Its Mayor
By NOT TO BE SIGNED
Scott H. Neal
Its City Manager
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 Jeffery D. Leu and Karen M. Leu, husband and wife.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-4
EXHIBIT A
"THE PROPERTY"
Legal Description Before Plat of The Pointe on Lake Riley Second Addition:
Lots 1, 2 and 3, Block 1, The Pointe on Lake Riley,Hennepin County ,Minnesota.
Legal Description After Plat of The Pointe on Lake Riley Second Addition:
Lot 1, Block 1, The Pointe on Lake Riley Second Addition,Hennepin County,
Minnesota.
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-5
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-6
EXHIBIT C
DRAWING DEPICTING BOUNDARIES
OF WETLAND BUFFER STRIP
Leu/AmendmenttoDevAgmt -Cleanl 11907 D-7
CITY COUNCIL AGENDA
DATE: December 3, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C.
Community Development/Planning
Janet Jeremiah Grootwassink
Michael Franzen
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
in the Rural Zoning District on 7.88 acres, and
•Approve the Development Agreement for Grootwassink.
Synopsis
This is for 2 single-family lots. Approximately 4 acres of land is being dedicated to the City to
protect the bluff and trees along highway 212.
Attachments
1.Ordinance for PUD District Review and Zoning District Amendment
2.Ordinance Summary
3.Development Agreement
GROOTWASSINK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.26-2007-PUD -12-2007
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 Rural Zoning District 26-2007-PUD-12 (hereinafter "PUD-12-2007-Rural).
Section 3 .The City Council hereby makes the following findings:
A.PUD-12-2007-Rural is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B.PUD-12-2007-Rural 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-12-2007 Rural are justified by the design of the
development described therein.
D.PUD-12-2007-Rural 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 3.The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of December 3, 2007, entered into between Robert and Joan
Grootwassink, and the City of Eden Prairie, (hereinafter "Development Agreement ). The
Development Agreement contains the terms and conditions of PUD-12-2007-Rural, and are
hereby made a part hereof.
Section 4.The proposal is hereby adopted and the land shall be, and hereby is
amended within the Rural District and shall be included hereafter in the Planned Unit
Development 12-2007-Rural, 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 5.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 6.This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
15th day of June ,2004, 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 3rd day of December
2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
PUD Legal Description -
Legal Description before Final Plat
Lot 1, Block 1, Turnbull Addition
Legal Description after Final Plat
Lot 1 and Lot 2, Block 1, Turnbull 2 " d Addition
GROOTWASSINK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.26-2007-PUD -12-2007
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
9999 Dell Road within the Rural 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 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
DEVELOPMENT AGREEMENT
GROOTWASSINK SUBDIVISION
THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of December 3,
2007, by Robert and Joan Grootwassink, husband and wife, 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 7.88 acres, Planned Unit Development District Review with waivers on 7.88 acres, Zoning
District Amendment in the Rural District on 7.88 acres, and Preliminary Plat of 7.88 acres into two
lots and one outlot, legally described on Exhibit A (the "Property );
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2004-99 for
Planned Unit Development Concept Review, Ordinance No.for Planned Unit
Development District Review and Zoning District Amendment within the Rural Zoning District on
7.88 acres, and Resolution No. 2004-100 for Preliminary Plat, Developer agrees to construct,
develop and maintain the Property as follows:
PLANS: Developer shall develop the Property in conformance with the materials stamp
dated December 3, 2007, reviewed and approved by the City Council on December 3, 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.DEDICATION OF PARK LAND: Developer shall dedicate as "Park on the final plat the
property identified on the preliminary plat as proposed Outlot A.
4.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing ,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims ,demands, lawsuits, complaints ,loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5.GRADING, DRAINAGE, AND EROSION CONTROL 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.EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features, temporary stockpile locations and turf
restoration procedures:All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond, Developer shall complete implementation of the
approved plan.
6.GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on the Plans, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit, Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notify the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
7.PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit
issuance for each residential structure on each parcel of the Property, a Certificate of Survey
for such parcel shall be submitted for review and written approval by the Building
Department.The Certificate of Survey shall include a certification by the builder that
construction of the residence is consistent with this Agreement and all exhibits attached
hereto, and shall further contain the following information:
A.Topography with 2 foot contour intervals for existing and proposed grades.
Topography must be field verified.
B.Location of structures with finished floor elevations.
C.Retaining walls, type, height, and type of details.
D.Location of sewer, water, gas and electric lines.
E.Location of septic tanks, drain fields, and wells.
F.Detailed grading plans. Method of erosion control.
G.No construction or grading within any conservancy easement area.
H.No steepening of the natural slopes and walk out levels that meet natural grade.
I.Engineered design for footing, foundation, and retaining walls.
J.Soil tests for septic tank evaluation.
K.Test the existing drain field system for the existing house.
8.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-22 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD
Proposed lot one
A. Lot size from 10 acres to 1.64 acres.
B. Lot width from 300 feet to 237.12 feet.
C. Front yard setback from 50 feet to 25 feet.
D. Side yard setback from 50 feet to 20 feet.
Proposed lot two
A. Lot size from 10 acres to 1.45 acres.
B. Lot width from 300 feet to 237.12 feet.
C. Side yard setback from 50 feet to 25 feet.
9.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.
10.TREE LOSS - TREE REPLACEMENT: There are 370 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 80
diameter inches. Tree replacement required is 16 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 16 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property, Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
11.CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of the first
building permit for the Property, the Developer shall enter into a cross access and
maintenance agreement with , the form of which must be approved
in writing by the City Engineer. This Agreement shall address joint vehicle access and
maintenance in parking areas, driveways and storm sewers. All of these facilities shall be
privately owned and maintained by the Developer or Owner.
Prior to the issuance of any building permit for the Property, Developer shall submit to the
City Engineer proof that the cross access and maintenance agreement has been recorded in
the Hennepin County Recorder's Office/Registrar of Titles' Office.
IN WITNESS WHEREOF ,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
Robert Grootwassink Phil Young
Its Mayor
Joan Grootwassink Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
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
Robert and Joan Grootwassink, husband and wife.
Notary Public
EXHIBIT A
DEVELOPMENT AGREEMENT-GROOTWASSINK SUBDIVISION
Legal Description before Final Plat
Lot 1, Block 1, Turnbull Addition
Legal Description after Final Plat
Lot 1 and Lot 2, Block 1, Turnbull 2 " d Addition
EXHIBIT B
DEVELOPMENT AGREEMENT -GROOTWASSINK SUBDIVISION
Architectural plans front Exterior Home rendering, stamp dated 04/27/04 by Vogue Homes, Inc.
Architectural plans rear Exterior Home rendering ,stamp dated 04/27/04 by Vogue Homes, Inc.
Architectural plans basement plan rendering ,stamp dated 04/27/04 by Vogue Homes, Inc.
Architectural plans first floor plan rendering ,stamp dated 04/27 /04 by Vogue Homes, Inc.
Preliminary Plat stamp dated 04/27 /by Frank R. Cardarelle Land Surveyor
EXHIBIT C
DEVELOPMENT AGREEMENT-GROOTWASSINK SUBDIVISION
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 PUD, Rezoning, and Preliminary Plat
approved in connection with this Agreement, thus restoring the status of the Property before
the Development Agreement and all approvals listed above were approved.
V.Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
VI.The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII.Developer represents that it has marketable fee title to the Property.
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, to the best of Developer's knowledge, no previous owner, operator or possessor
of the Property deposited, stored, disposed of, placed or otherwise allowed in or on
the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs ,damage and expense ,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations and
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special ,unique, and of an extraordinary character, and
that ,in the event that Developer violates, or fails ,or refuses to perform any covenant,
condition ,or provision made herein ,City may be without an adequate remedy at law.
Developer agrees ,therefore, that in the event Developer violates ,fails ,or refuses to perform
any covenant ,condition ,or provision made herein ,City may ,at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy .The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable
Communication Ordinance (80-3 3) of the development contemplated by this Development
Agreement.Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis, Minnesota 55411.
XIII.Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV.Prior to building permit issuance ,existing structures ,walls and septic systems (if present)
shall be properly abandoned or removed as required by City ordinance and all permits
obtained through the Inspections Department.
XV.Prior to building permit issuance, provide two copies of an approved survey or site plan (1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names ,lot arrangements and property lines.
XVI.The City shall not issue any building permit for the construction of any building ,structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII.No failure of the City to comply with any term,condition, covenant or agreement herein
shall subject the City to liability for any claim for damages ,costs or other financial or
pecuniary charges. No execution on any claim ,demand, cause of action or judgment shall be
levied upon or collected from the general credit ,general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie , will be affixed to the top
of the post.
XIX.Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Recorder and / or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 3, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.D.
Randy L. Slick Final Plat Approval of Groot Addition
Public Works /Engineering
Requested Action
Move to:Adopt the resolution approving the final plat of Groot Addition.
Synopsis
This proposal is for the plat located at the 9999 Dell Road .The property consists of 8.22 acres to
be divided into two single -family lots, one outlot and right-of-way dedication for street purposes.
This is a replat of Lot 1,Block 1 ,Turnbull Addition.
Background Information
The preliminary plat was approved by the City Council on June 15, 2004. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement will be completed on
December 3, 2007.
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 $641.52.
•Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
•The requirements as set forth in the Developer's Agreement.
•Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
•Prior to release of the final plat, Developer shall provide a Warranty Deed to the City
of Eden Prairie for Outlot A.
•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 GROOT ADDITION
WHEREAS, the plat of Groot 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 thereunde; 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 Groot Addition is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated December
3, 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 December 3, 2007.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta ,City Clerk
GROOT ADDITION
N 5556'05"F 874.24
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OUTLOT A
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20 180
SCALE IN FEE.
= DEN'O-ES BOB MONUVEN- FOUND
DENOTES IRROB ICONUVENT SET
MARKED BY 'LICENCE NO. 6508
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481.57
FRANK K. CAROARELLE LAND SURVEYOR SHEET 1 CF i S'HEE7
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 3, 2007
DEPARTMENT/DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.E.
Randy L. Slick Final Plat Approval of The Pointe on
Public Works /Engineering Lake Riley 2nd Addition
Requested Action
Move to:Adopt the resolution approving the final plat of The Pointe on Lake Riley 2nd
Addition.
Synopsis
This proposal is for the plat located at 9092, 9100 and 9108 Stephens Pointe. The plat consists
of 1.98 acres to be platted into one single family lot. This is a replat of Lot 1, 2 and 3, Block 1,
The Pointe on Lake Riley.
Background Information
The preliminary plat was approved by the City Council on October 2, 2007. Second reading of
the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on
December 03, 2007.
Approval of the final plat is subject to the following conditions:
•Receipt of engineering fee in the amount of $320.00.
•Prior to the 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.
•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.
•Prior to release of the final plat, Developer shall submit scenic and conservation
easement.
Attachments
•Resolution
•Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING FINAL PLAT
OF THE POINTE ON LAKE RILEY 2ND ADDITION
WHEREAS, the plat of The Pointe on Lake Riley 2nd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS ,said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for The Pointe on Lake Riley 2nd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat dated
December 03, 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 December 03, 2007.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta ,City Clerk
THE POINTE ON LAKE RILEY 2ND ADDITION
In wibuess whereof said Jeffrey D. Lou and Karen M. Leu have hereunto set their hands this _ day of
KNOW ALL PERSONS BY THESE PRESENTS: That Jeffrey D. Lou and Karen M. Lou, husband and wife, owners and propretom of the following described
property situated in the County
of Hennepin ,State of Minnesota ,to wit:
Lots 1,2, and 3,Block 1 ,The Points on Lake Riley, Hennepin County,Minnesota.
Have mused the some to be surveyed and platted as THE POINTE ON LAKE RILEY 2ND ADDITION ,and do hereby dedicate to the public for public use forever
the drainage and utility casements as shown on this plat.
0 30 60
SCALE IN FEET
Jeffrey D .Lou Karen M. Lou
R.T. OOC. NO.
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me the day of 20 ,by Jeffrey D.Leu and Karen M. Lou, husband
and wife.
Notary Public,County,Minnesota
My Commission Expires
I hereby certify that this plat of THE POINTE ON LAKE RILEY 2ND ADDITION is e correct representation of the boundary survey ;that all mathematical data and
labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year as indicated on the plat that
ell water boundaries and wet lands as of the data of surveyor's certification are shown and labeled on the pot; that all public ways are shown and labeled on the
plat I further certify that this plat was prepared by me or under my direct supervision and thatI am a duly licensed land surveyor under the laws ofthe State of
Minnesota.
Robert L. Peters ,Licensed Land Surveyor,Minnesota License Number 14880
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyors Certificate was acknowledged before me this _ day of 20_, by Robert L. Peters, a Licensed Land
Surveyor.
Notary Public,County,Minnesota
My Commission Expires
EDEN PRAIRIE, MINNESOTA
This plat of POINTE ON LAKE RILEY 2ND ADDITION was approved and accepted by the City Council of Eden Prairie,Minnesota,ata regular meeting thereof
held this -day of 20_ Iapplicable,the written comments and recommendatons of the COmmiesionerofTmnsporteton and
the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and
recommendations, as provided by Minn. Statutes, Section 505A3,Subd. 2.
CITY COUNCIL OF EDEN PRAIRIE ,MINNESOTA
By Mayor By Manager
,20_
TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota
I hereby certify that buses payabis in 2107 and pror years have been paid for land described on this plat, dated this day of
Jill L.Alvemon, County Auditor by Deputy
SURVEY DIVISION,Hennepin County ,Minnesota
Pursuant te MINN .STAT.Sec. 3838 .555 (1969),this plat has been approved this - day of
DRAINAGE AND UTUTY EASEMENTS ARE SHOWN THUS:
B
William P.Brown, County Surveyor by
REGISTRAR OF TITLES,Hennepin County ,Minnesota
I hereby certify that the within plat of POINTE ON LAKE RILEY 2ND ADDITION was filed in this office this day of 20-^ I L--1-at d clock m.
.
f I Michael H. Cunniff, Reglatrer of Titlas by Deputy
ORDINARY HIGH WATER ELEV. 865.3
w565.36=1 (N.GV.D.-1029
)PIEMBER 29, 2005,
HIGHEST KNOWN WATER ELEVATION:866.2 FEET (N.G.V.D.-1929)
ACCORDING TD RECORDS OF DEPT. OF NATURAL RESOURCES,
STATE OF MINNESOTA.
9ENCHIANK:TNH SW WAD OITRAT A SHOWN.
ELEVA1ON 903.17 FEET (N.GVD.-1929)
FOR PURPOSES OF THIS PLAT,THE EAST HNE OF
LOT 1, BLOCK 1,THE POINTE ON LAKE RILEY IS
ASSUMED TO HAYS A BEARING OF 5244234E.
BEING S FEET IN MOTH AND ADJONING LOT LINES,
AND 1O FEET IN W1DTH AND ADJOINING RIGHT OF WAY
LINES AS SHOWN ON THIS PLAT.
0 DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT
SE AND MARKED BY L.S. N0. 1959D
e DENOTES 1/2 INCH IRON PIPE FOUND
T T
Fnnmeenni
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.F.
Jay Lotthammer, Director,Healthcare Reimbursement Contracts
Parks and Recreation
Requested Action
Move to:Approve the agreements with National Independent Health Club Association (NIHCA)
and Blue Cross Blue Shield Minnesota, Definity Health and UCARE insurance to
provide an insurance reimbursement opportunity for Community Center members and
to approve entering into a membership with Apex Management Services.
Synopsis
Staff is requesting approval to enter into agreements with National Independent Health Club
Association (NIHCA) and Blue Cross Blue Shield Minnesota, Defimity Health and UCARE insurance
to provide insurance reimbursement for frequent attendance at the Community Center. These
programs would allow Community Center members to receive a monetary reimbursement ($20 /
month) from their health insurance provider as a result of attending the Community Center a minimum
of 8 or12 times per month. Staff is also requesting authorization to enter into a membership with Apex
Management Services to facility transfer of information between the Community Center and insurance
providers.
Background
A fairly standard concept within the health insurance industry is to allow members of fitness facilities
to receive a monetary reimbursement ($20 / month) from their health insurance provider as a result of
attending a fitness facility for a minimum of 8 or 12 times per month. The facility receives the full
amount of dues and after providing documentation to the health insurance company verifying the
member's sufficient use, the insurance company pays the fitness facility and a credit is applied to the
members account. This program has proven to be a necessary tool to motivate users to frequent the
facility and to monetarily stay competitive within the industry. A form of this program is currently
offered by most health clubs and community centers containing a fitness component and is considered
to be an industry standard.
The agreement with NIHCA requires a $399 .00 annual fee and is effective until terminated by either
party .Any termination will be effective by December 31 of the year in which notice of termination is
provided .No refunds will be given on the annual fee.
State law imposes certain obligations on parties contacting with a municipality. In certain instances
state law provides that a municipal contract contain a particular term or provision either explicitly or
implicitly. The Master Agreement provides that: "This Agreement shall be governed by the laws of the
State of Minnesota and any applicable federal laws or rules. The reference in the Master Agreements
that they are governed by Minnesota law is understood by the city to be an explicit acknowledgement
that all provisions of law required to be incorporated into municipal contracts are a part of these
agreements.
Attachments
Contracts
National Independent Health Club Association
(MICA)
Fitness Center Participation Agreement -BCBSMN Program
The following agreement represents the agreement entered into by and between Blue Cross and BlueShield of
Minnesota (BCBSM) and NTHCA. NIHCA has agreed to, on behalf of BCBSM, to the following:
1.To promote the health of eligible members of BCBSM, effective January 1, 2007, BCBSM shall provide
a monthly incentive to any eligible member of BCBSM who completes twelve (12)* daily workout
sessions at any of NIHCA Fitness Center's locations during a calendar month during the term of this
Agreement. The amount of the monthly incentive shall be the lesser of $20.00 or the amount of the
Fitness Center's monthly dues. An "eligible" member of BCBSM is a person who is offered the benefit
by BCBSM as of the first day of the calendar month for which the incentive applies. BCBSM's
incentive obligation will be limited to a maximum of two adults per month per household unit. **Some
self funded groups, such as CCStpa and service co-ops will only need to workout eight (8) days per
month.
2.NIHCA Fitness Centers will provide this member incentive to all eligible members that meet the 12 days
per month* criteria for 12 consecutive months. *Some self funded groups, such as CCStpa and service
co-ops will only need to workout 8 days per month.
3.NIHCA Fitness Centers will not increase its monthly dues or other costs as a result of an eligible
member's participation in the Program other than regularly scheduled increases, unless otherwise agreed
upon in writing by BCBSM.
4.NIHCA Fitness Centers agree to comply with all applicable state and federal laws, rules, regulations,
orders and requirements. NIHCA further agrees to comply with the American College of Sports
Medicine/ IHRSA Standards for health/fitness (Exhibit A).
5.On or before the 5t' day of each month during the term of this Agreement (and on or before the 5 th day
of the month next succeeding the last month of the term of this Agreement), NIHCA Fitness Centers
agree to provide the required data of eligible members who used the facility for health enhancement
programs or activities on designated days each month. Free software from Apex Management Services
is provided to aide in the transfer of data.(Exhibit B)
6.If an eligible member terminates membership before receiving the full benefit of each earned incentive,
the fitness center will not reimburse the eligible member for any unused incentive.
7.NIHCA Fitness Centers agree to comply with the BluePrint for Health Fitness Discount Communication
Guidelines (Exhibit C)and not use names, symbols, trademarks, or service marks of BCBSM in
advertising and promotion and for solicitation of members for its programs, unless they are given prior
written permission to do so by BCBSM.
8.NIHCA Fitness Centers acknowledge and agree that all BCBSM membership eligibility data is and shall
remain the sole property of BCBSM. Data should only be used to comply with obligations under this
agreement.NIHCA Fitness Centers agree to provide data in the format required.
9.To the fullest extent permitted by law, NIHCA Fitness Centers shall indemnify, defend and hold
harmless NTHCA, BCBSM, its subsidiaries, affiliates, tenants, officers, directors, trustees agents, and
employees from all claims, demands, losses, damages, injuries, liabilities, expenses, judgements, liens,
encumbrances, orders and awards (Claims), together with attorney's fees and litigation expense arising
out of or related to this agreement.
Prospective Minnesota-LH 5
10.NIHCA Fitness Centers will at it's own cost and expense, maintain (and cause its subcontractors, if any
to maintain) the following insurance coverages in full force:Workers' Compensation Insurance and
Commercial Liability Insurance, with limits of not less than $1,000,000. The insurer must give BCBSM
thirty days written notice before the insurance is canceled or altered in a way that it no longer satisfies
the requirements.
11.NIHCA Fitness Centers will need to furnish current certificates evidencing that insurance is being
maintained. Delivery of a certificate which is not in full compliance is not deemed a waiver of
obligations.
12.Either party may terminate this Agreement with or without cause upon sixty (60) days' advance written
notice to the other party. In the event of material breach by either party, notice of breach shall be given
by the nonbreaching party. In the event such breach is not cured within 10 days of receipt of such
notice, the nonbreaching party may immediately terminate this Agreement and in addition may exercise
any other right or remedy provided herein or at law or in equity. If this Agreement is terminated for any
reason, NIHCA and each NIHCA Fitness Center agree to honor any incentives earned by eligible
members prior to such termination.
13.All parties agree that no fees will be charged until a BCBSMN member inquires and enrolls in the
program (Exhibit D)-
14,All parties agree that any dispute or controversy, which arises out of or related to this agreement, will be
settled by mandatory binding arbitration in Minneapolis, Minnesota.
15.This agreement shall bind the successors of both parties to the agreement, but shall not be assigned or
transferred without consent.
16.NIHCA represents and warrants that it has the authority to enter into this agreement on behalf of
NIHCA Fitness Centers. NIHCA further agrees to have each NIHCA Fitness Center sign below to
ensure that each club has agreed to all terms and conditions of this agreement. NIHCA will provide a
copy of your signature to BCBSM.
The undersigned representative of ("NIHCA Fitness Center"), acknowledges and
agrees to all the terms and conditions of the Blue Cross and Blue Shield of Minnesota Fitness Participation
agreement, attached hereto and incorporated herein.
FAX TO:651.554.9935
Company:
Printed Name:
Signature:
Title:
Address:
City, State,Zip
Phone:
Email:
Date:
Prospective Minnesota-LFI 6
Exhibit 4
The undersigned representative of ("MIHCA Fitness Center"),
acknowledges and agrees to all of the terms and conditions of the Blue Cross and Blue
Shield of Minnesota Fitness Participation Agreement, attached hereto and incorporated
herein.
By:
Title:
Date:
National Independent Health Club Association
(NHHCA)
Fitness Center Participation Agreement
UCARE
The following agreement represents the agreement entered into by and between UCARE and NIHCA.
NIHCA has agreed to, on behalf of participating Independent health clubs in Minnesota, to the following:
17. To promote the health of eligible members of UCARE, effective February 1, 2006, UCARE will
provide a monthly incentive to any eligible 65 or older member who completes eight daily workout
sessions at any NIHCA Fitness Center location. The amount will be the lesser of $20 (up to $20).
The UCARE incentive obligation will be limited to a maximum of two adults per month per
household unit. NIHCA Fitness Centers agree to waive any and all initiation fees for new members
that are UCARE eligible participating in the program.
18.All NIHCA Fitness Centers will provide a member incentive (to be mutually agreed upon) to all
eligible UCARE members that meet 8 days /month criteria.
19.NIHCA Fitness Centers will not increase its monthly dues or other costs as a result of an eligible
member 's participation in the Program unless otherwise agreed upon in writing by UCARE.
20. NIHCA Fitness Centers agree to comply with all applicable state and federal laws, rules,
regulations, orders and requirements.We further agree to comply with the revised American
College of Sports Medicine/ IHRSA Standards for health/fitness. (Attached)
21. NfHCA Fitness Centers agree to provide a list of eligible members who used the facility for health
enhancement programs or activities on designated days each month.
22. If an eligible member terminates membership before receiving the full benefit of each earned
incentive, the fitness center will not reimburse the eligible member for any unused incentive.
23. NIHCA Fitness Centers authorize UCARE to use name or names, including addresses ,telephone
numbers, in an ethical and reasonable manner for purposes of promoting and advertising the
Program .NIHCA Fitness Centers agree to not use names, symbols, trademarks ,or service marks of
UCARE in advertising and promotion and for solicitation of members for its programs, unless they
are given prior written permission to do so by UCARE. NIHCA and UCARE will cooperate on an
ongoing basis on joint promotion /advertising/marketing efforts.
24. NIHCA Fitness Centers acknowledge and agree that all UCARE membership eligibility data is and
shall remain the sole property of UCARE.Data should only be used to comply with obligations
under this agreement .NIHCA Fitness Centers agree to provide data in the format required.
25. To the fullest extent permitted by law,NIHCA Fitness Centers shall indemnify ,defend and hold
harmless NIHCA, UCARE,its subsidiaries ,affiliates, tenants, officers, directors ,trustees agents,
and employees from all claims, demands, losses ,damages, injuries, liabilities ,expenses,
judgements ,liens, encumbrances ,orders and awards (Claims ),together with attorney's fees and
litigation expense ,but only to the extent such Claims arise out of the NIHCA's Fitness Centers
performance ,breach or default under this agreement.
26. NIHCA Fitness Centers will at it's own cost and expense, maintain (and cause its subcontractors, if
any to maintain) the following insurance coverages in full force:Workers' Compensation
Insurance and Commercial Liability Insurance, with limits of not less than $1,000,000. The insurer
Prospective Minnesota-LH C9
must give UCARE thirty days written notice before the insurance is canceled or altered in a way
that it no longer satisfies the requirements.
27. NIHCA Fitness Centers will need to furnish current certificates evidencing that insurance is being
maintained .Delivery of a certificate which is not in full compliance is not deemed a waiver of
obligations.
28. Either party may terminate this agreement with or without cause upon 60 days advance written
notice to the other party. If this agreement is terminated for any reason ,NIHCA Fitness Centers
agree to honor any incentives earned by eligible members prior to such termination.
29. NIHCA acknowledges and agrees that participation in UCARE's Program will be an exclusive
arrangement,and that NIHCA will not enter into any similar arrangement with any Minnesota
health or insurance plan for a period of one year following February 1, 2006.
30. NIHCA represents and warrants that it has the authority to enter into this agreement on behalf of
NIHCA Fitness Centers. NIHCA further agrees to have each NIHCA Fitness Center execute
EXHIBIT 4 (attached) to ensure that each club has agreed to all terms and conditions of this
agreement. NIHCA will provide a copy of each EXHIBIT 4 to UCARE.
31. All parties agree that any dispute or controversy which arises out of or related to this agreement,
will be settled by mandatory binding arbitration in Minneapolis, Minnesota.
32. This agreement shall bind the successors of both parties to the agreement.
The undersigned Representative of
("NIIICA Fitness Center"), acknowledges and agrees to all the terms and conditions of the UCARE
Participation agreement, attached hereto and incorporated herein.
Company:
Printed Name:
Signature:
Title:
Address:
City,State,Zip
Phone:
Email:
Date:
Prospective Minnesota-LH 10
Exhibit 5
The Undersigned representative of (Fitness
Center)acknowledges and agrees to all of the terms and conditions of the UCare
Minnesota Fitness Center participation Agreement,attached hereto and incorporated
herein.
By:
Signature:
Title:
Date:
90,
A unitedHealth Croup Company
National Independent Health Club Association (NIHCA)
Definite Health - UHS
Fitness Center Participation Agreement
The following agreement represents the agreement entered into by and between United HealthCare Services (UHS)
and NIHCA. NIHCA has agreed to, on behalf of UHS, to the following:
1.To promote the health of eligible members of UHS, effective January 1, 2007, UHS shall provide a monthly
credit incentive to any eligible members of UHS who completes the prescribed number of workouts* (or
number required by UHS client) sessions at any of NIHCA Fitness Center's locations during a calendar
month during the term of this Agreement. The amount of the monthly incentive shall be the lesser of $20.00
or the amount of the Fitness Center's monthly dues. An "eligible" member of UHS is a person who is offered
the benefit by UHS as of the first day of the calendar month for which the incentive applies. UHS's incentive
obligation will be limited to a maximum of two adults per month per household. *(Typical standard will be
eight workouts per month, but may vary, due to UHS client specific requests.)
2.NIHCA Fitness Centers agrees to provide this member incentive to all eligible members ,for the term of 12
consecutive months (1 year).
3.NIHCA Fitness Centers will not increase its monthly dues or other costs as a result of an eligible member's
participation in the Program other than regularly scheduled increases, unless otherwise agreed upon in writing
by UHS.
4.NIHCA Fitness Centers agree to comply with all applicable state and federal laws, rules, regulations, orders
and requirements.NIHCA further agrees to comply with, the revised American College of Sports Medicine/
IHRSA Standards for health/fitness (Exhibit A).
5.On or before the 5th day of each month during the term of this Agreement (and on or before the 5`h day of the
month next succeeding the last month of the term of this Agreement), NIHCA Fitness Centers agree to
provide the required data of eligible members who used the facility for health enhancement programs or
activities on designated days each month (Exhibit B).
6.In the event that a member has pre-paid for a healthclub membership, the monthly incentive will be applied to
the members next year healthclub fee.
7.If a monthly membership participant terminates their membership during the course of the year, any
unapplied credit(s) will be forfeited.
8.NIHCA Fitness Centers agree to comply with Exhibit C and not use names, symbols, trademarks, or service
marks of UHS in advertising, promotion and/or for solicitation of members for its programs, unless they are
given prior written permission to do so by UHS.
9.NIHCA Fitness Centers acknowledge and agree that all UHS membership eligibility data is and shall remain
the sole property of UHS .Data should only be used to comply with obligations under this agreement.
NIHCA Fitness Centers agree to provide data in the format required.
10.To the fullest extent permitted bylaw, NIHCA Fitness Centers shall indemnify ,defend and hold harmless
NIHCA, UHS,its subsidiaries ,affiliates ,tenants, officers, directors,trustees agents, and employees from all
claims, demands, losses, damages ,injuries, liabilities ,expenses ,judgements ,liens, encumbrances, orders and
awards (Claims ),together with attorney's fees and litigation expense arising out of or related to this
agreement
Prospective Minnesota-LH 14
11.NIHCA Fitness Centers will at it's own cost and expense, maintain (and cause its subcontractors, if any to
maintain) the following insurance coverages in full force:Workers' Compensation Insurance and
Commercial Liability Insurance, with limits of not less than $1,000,000. The insurer must give UHS thirty
days written notice before the insurance is canceled or altered in a way that it no longer satisfies the
requirements.
12.NIHCA Fitness Centers will need to furnish current certificates evidencing that insurance is being
maintained.Delivery of a certificate which is not in full compliance is not deemed a waiver of obligations.
13.Either party may terminate this Agreement with or without cause upon sixty (60) days' advance written notice
to the other party. In the event of material breach by either party, notice of breach shall be given by the
nonbreaching party. In the event such breach is not cured within 30 days of receipt of such notice, the
nonbreaching party may immediately terminate this Agreement and in addition may exercise any other right
or remedy provided herein or at law or in equity. If this Agreement is terminated for any reason, NIHCA and
each NIHCA Fitness Center agree to honor any incentives earned by eligible members prior to such
termination.
14.All parties agree that no fees will be charged until a UnitedHealth Care Services member inquires and enrolls
in the program (Exhibit D).
15.All parties agree that any dispute or controversy, which arises out of or related to this agreement, will be
settled by mandatory binding arbitration in Minneapolis, Minnesota.
16.This agreement shall bind the successors of both parties to the agreement, but shall not be assigned or
transferred without consent.
17.NIHCA represents and warrants that it has the authority to enter into this agreement on behalf of NIHCA
Fitness Centers. NIHCA further agrees to have each NIHCA Fitness Center sign below to ensure that each
club has agreed to all terms and conditions of this agreement. NIHCA will provide a copy of your signature
to UHS.
The undersigned representative of ("NIHCA Fitness Center"),acknowledges and
agrees to all the terms and conditions of the UnitedHealth Care Services and Blue Shield of Minnesota Fitness
Participation agreement ,attached hereto and incorporated herein.
FAX TO:651.554.9935
Company:
Printed Name:
Signature:
Title:
Address:
City, State,Zip
Phone:
Email:
Date:
Prospective Minnesota-LH 15
Exhibit 4
The Undersigned representative of (Fitness
Center)acknowledges and agrees to all of the terms and conditions of the Definity
Fitness Center participation Agreement ,attached hereto and incorporated herein.
By:
Signature:
Title:
Date:
Man ag ent Se ices
PLEASE ATTACH LABEL
FAX # 651.438.5196
(CURRENT PROVIDERS OF TEE PROGRAM- PLEASE RE- FAX IF YOU ARE CHANGING YOUR OPTION)
This Agreement will confirm the arrangement under which we are providing payment-processing services for your facility and data
transfer for the National Independent Health Club Association (NIHCA) and Blue Cross Blue Shield (BCBS)of Minnesota, Ucare and
Definity Health
Please initial by only one option for data transfer:
HMO Program Solution: initials (Minimum requirement).
1.$49.00 per month
2.You will manage the reimbursements to the members account.
3.You will use the Apex "Frontier Check-in" software to track the usage/ data enter the usage at the club. The club will be
responsible for making sure the members communicate their check-ins to the club. The club will have intemet capability to
transfer the data from the check-in software (high-speed is preferred.)
4.Apex will collect your processing fees from your check each month. If your reimbursements collected are less than the fees
charged, Apex will only charge the minimum amount collected for that month.
5.This option includes everything under other requirements.
Apex Full Service:initials
1.This agreement will be separate with Apex to handle all my member billing, software and FIMO data processing.
2.This option includes everything under other requirements.
3.Apex will credit your member's membership accounts.
Other Requirements:
1.You will provide NIHCA with a copy of your HMO member enrollment agreements. You are solely responsible for the
membership agreement that you use. NIHCA will provide you the original HMO enrollment forms and you will be in
charge of making copies for enrollment. You will not be allowed to make changes to the HMO enrollment forms.
2.You will be responsible for providing data transfer to Apex by the 5'h of each month. This report will have usage
information for any months previous that have not been processed. You assure us that the data is accurate and will provide
documentation to Apex, HMO and/or NIHCA if requested. You will also allow Apex to provide the usage information to
the HMO's or NIHCA.
3.You assure us that the preparation and execution as well as the agreements themselves comply with all applicable laws and
regulations. You further agree to indemnify and hold us harmless from any and all losses, damages, claims, or liability
incurred by us in connection with the processing payments on your behalf.
4.This Agreement, and the respective rights of the parties under this Agreement, shall be governed and construed by the laws
of the state of Minnesota, without application of any choice of law considerations. Any claim, cause of action, suit or
demand allegedly arising out of or related to this Agreement, or the relationship of the parties, shall be brought exclusively
in the state or federal courts sitting in Hennepin County, Minneapolis, Minnesota, and the parties irrevocably consent to the
jurisdiction and venue of such courts. Each party hereto agrees that valid service of process maybe affected on it outside of
Minnesota by certified mail at the address of its last known principal office or by any other means authorized under Minnesota
law.
5.This Agreement represents the only agreement among the parties concerning the subject matter hereof and supersedes all
prior agreements, whether written or oral, relating hereto. No purported amendment, modification or waiver of any
provision of this Agreement shall be binding unless set forth in a written document signed by all parties (in the case of
amendments or modifications) or by the party to be charged thereby (in the case of waivers). Copies of this Agreement
with signatures transmitted by facsimile shall be deemed to be original signed versions of this Agreement.
Each of the parties has caused this letter agreement to be executed in the manner appropriate to each intending to be legally bound.
Effective Date:
APEX MANAGEMENT SERVICES, INC.
(Customer)
By By
Title Title
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.G.
Sue Kotchevar, Office of the Resolution Regulating Fees and Charges
City Manager/ Finance for Business Licenses, Permits, and
Municipal Services
Requested Action
Move to:
•Adopt Resolution Regulating Fees and Charges for Business Licenses, Permits and
Municipal Services for 2008.
Synopsis
•This resolution requires approval on an annual basis.
Attachments
Reports listing changes
Fee Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS
AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie resolves as follows:
Page
Business Licenses ......................................................................................................................................... 1
Office of the City Manager
Customer Service ......................................................................................................................................... 2
Facilities ......................................................................................................................................................... 2
Finance .......................................................................................................................................................... 2
Community Development
Assessing ........................................................................................................................................:.............. 2
Parks & Recreation
Community Center ...................................................................................................................................... 3
Community Center-Policy of Group Rate & Liabilities ......................................................................... 4
Oak Point Pool ............................................................................................................................................. 4
Beaches .......................................................................................................................................................... 5
Organized Athletics ..................................................................................................................................... 5
Pleasant Hills Cemetery .............................................................................................................................. 5
Community Garden Plots ........................................................................................................................... 5
Police .............................................................................................................................................................5
Fire
Building Inspections .................................................................................................................................... 6
Other .............................................................................................................................................................. 8
Public Works Services
Engineering ...................................................................................................................................................8
Engineering Land Development Services .................................................................................................8
Utilities ..........................................................................................................................................................8
Facilities Rental
Facility Rental Information .................................................................................................:...................10
City Center & Community Meeting Rooms .........................................................................................11
Garden Room ............................................................................................................................................11
Community Center ....................................................................................................................................12
Oak Point Pool ........................................................................................................................................:.. 13
Park Facilities Rental ................................................................................................................................13
Senior Center Rental ................................................................................................................................14
Attachment A - Miscellaneous Fire Fees ...........................................................................................15
Fees not stated in this Resolution may be set by the City Manager.
All Resolutions of the City of Eden Prairie, Minnesota ,relating to fees heretofore adopted are
hereby repealed.
ADOPTED by the City Council of Eden Prairie this 3rd day of December, 2007, to be effective the 1st day
of January, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
2008 Fee Resolution
Service Fee Description
BUSINESS LICENSES
Liquor -Non-Intoxicating Malt Liquors
On-sale $800.00 Annual -If less than one year, amount will be prorated over remaining months.
Off-sale $175.00 Annual -If less than one year, amount will be prorated over remaining months.
Investigation fee $500.00 Initial application
Liquor - Intoxicating Malt Liquors r
Growlers (off-sale)$250.00 Annual
Liquor On-Sale
On-sale $8,750.00 Annual - If less than one year, amount will be prorated over remaining months.
Investigation fee $500.00 Initial application
$25.00 License change - new manager
$150.00 License change - other than management change
Liquor On-Sale Fraternal Clubs
Liquor on-sale $100.00 Annual -If less than one year, amount will be prorated over remaining months.
Investigation fee $500.00 Initial application
$25.00 License change - new manager
$150.00 License change - other than management change
Liquor On-Sale Non -Fraternal Clubs
Liquor on-sale $4,250.00 Annual
Investigation fee $500.00 Initial application
$25.00 License change -new manager
$150.00 License change -other than management change
Liquor On-Sale Wine
On-sale $2,000.00 Annual - If less than one year, amount will be prorated over remaining months.
Investigation fee $500.00 Initial application
$25.00 License change - new manager
$150.00 License change - other than management change
Liquor Other
Temporary beer $-Requires application
Temporary wine $-Requires application
Sunday liquor $200.00 Annual - If less than one year, amount will be prorated over remaining months.
Special events $200.00 Per event
Liquor Investigation Fee
An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State,
or the actual cost not to exceed $10 ,000 without prior approval,if the investigation is required outside the State.
Other
Bingo (Gambling)$-Requires application
Cigarettes $300.00 Annual - If less than one year, amount will be prorated over remaining months.
Dog kennels (Commercial)$80.00 Annual - If less than one year, amount will be prorated over remaining months.
Dog kennels (Private)$30.00 Annual - If less than one year, amount will be prorated over remaining months.
Must also purchase individual dog licenses.uired for 3 -5 animalsRe
Dog license $20.00
.q
Biannual
Inspections (Plumbing)$-No fee - State bond/insurance required
Non-profit solicitor $-Requires application
Peddlers $35.00 Annual - Government issued identification required
Raffle (Gambling)$-Requires application
Refuse & garbage collectors.$100.00 Annual -1st Vehicle
$25.00 Annual - Each additional vehicle
Scavengers $10.00 Annual
2008 Fee Resolution
Service Fee
CUSTOMER SERVICE
City Code
City code - bound copy $100.00
Chapter 11 & 12 $10.00
Maps and Printing
1st map per resident $-
Additional maps $0.50
Large map printing per square foot-black and white $1.00
Large map printing per square foot-color $1.75
City maps/plat/half section, black and white-24 x 36 $5.00
City maps/plat/half section, color-24 x 36 $10.00
City maps/plat/half section, black and white-36 x 48 $10.00
City maps/plat/half section, color-36 x 48 $20.00
Overlay composites/aerials-24 x 36 $11.00
Mark Hurd Co. topography map per acre $1250
CD ROM specifications $20.00
City Council agendas $24.00
City Council minutes $75.00
Duplicating costs $0.25
Planning Commission agendas $24.00
Planning Commission minutes $50.00
Video tape/DVDs of Council & Commission meetings $5.00
FACILITIES
Audio-Visual Equipment
Dry erase board (3'x5') with markers $7.50
Easel $5.00
Extra pad of paper $12.00
Flipchart/dry erase (24"x30") with paper $10.00
Microphone/stand & speakers $15.00
Microphone, wireless clip-on and speakers $20.00
Overhead projector $15.00
Podium, floor model $7.50
Podium, table top model $5.00
Slide projector with carousel $15.00
Screen, projection (tripod stand) 6x6'$10.00
TV/VCR on cart $15.00
Building Supervisor
Monday-Thursday, 5:00 p.m. - 10:00 p.m.$5.00
Weekends $10.00
Custodial
Time and a half will be charged on weekends 25.00
FINANS
Tax Exempt Financing Charge
Application fee $2,000.00
Annual fee:
Description
Original
No fee - distributed at customer service desk
Each additional map - Distributed at customer service desk
Miscellaneous printing
Each -1/2 section
Per acre if previously purchased by the City.
Except $9/sheet if topo map purchased by other than City and with original purchasers
permission. New order through Mark Hurd Co. - their original charge plus $.50/acre
Annual. Pro-rated.
AnnuaL Pro-rated.
Per page, plus postage, if applicable
Annual. Pro-rated.
Annual. Pro-rated.
Per tape/DVD, plus postage, if applicable
Each
Per hour
Per hour
Per hour
Per transaction
1/8 of 1% on the unpaid principal balance at the end of each 12-month period.
This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.
85-135 and its subsequent reauthorization.
This charge is effective for all new projects receiving council authorization on or after March 1,
1991 for the issuance of revenue authorization and for all existing projects which require council
authorization on or after March 1,1991.
ASSESSING
Value Abatement
Per parcel 25.00 Per year
Copy of Appraisal/Field Card $2.00
Electronic Copies of Data Bases
Basic set-up charge $300.00 Prepayment required for all set-up charges (includes $100.00 for LOGIS)
Plus $0.05 Per record
Plus media charge -At actual cost
2
2008 Fee Resolution
Service Fee Description
Printed Copies of Reports or Databases
Basic set-up charge $200.00 Prepayment required for all set-up charges
Plus $025 Per page
Electronic Copies of Reports
Basic set-up charge $200.00 Prepayment required for all set-up charges
Plus $0.05 Per record
COMMUNITY CENTER
Community Center Membership
Benefits
1. Includes full use of fitness facility including a complimentary equipment orientation
2. Includes group fitness classes (except contract labor classes such as Yoga and Pilates)
3. Includes use of racquetball courts
4. Includes free open gym, skate and swim
5. Includes discount on room rentals (30 day last minute rental)
6. Includes priority booking for Cambria Room
Additional Information
1.One time administrative fee of $25.00
2.Month to month automatic debit payment required unless a payment for 12 months is rendered in hill at time of purchase. Occurs on the 1st of every month.
3. 10% discount for 12 month up front payment
4. $5.00 monthly suspension fee available for up to 3 months per 12 month term.
Guidelines for Membership Types
Youth Membership
Adult Membership
Dual Membership
Dual Plus One
Household Membership
Senior
Extended Household
Senior Dual Membership
Defined as any child 18 years of age and younger.
Defined as any individual ages 19 years of age and older.
Any two adults or adult and youth residing at the same address.
Any two adults plus one youth Qx one adult and two youths residing at the same address.
Any two adults and up to four youth residing at the same address.
Defined as any individual 62 years of age and older.
See Community Center Management for membership options that include larger
families, nannies, and babysitters.
Any one senior and one additional member (55 or older) residing at the same address.
Monthly Resident Membership Rates
A resident either lives or works in Eden Prairie .Valid for 12 months from date of purchase.
10% discount on upfront purchase of 12 month membership
Youth (18 and under)$24.00 Monthly rate plus applicable taxes
Adult (19 and over)$32.00 Monthly rate plus applicable taxes
Dual $57.00 Monthly rate plus applicable taxes
Dual Plus One $67.00 Monthly rate plus applicable taxes
Household $77.00 Monthly rate plus applicable taxes
Senior (62 and older)$24.00 Monthly rate plus applicable taxes
Senior Dual $42.75 Monthly rate plus applicable taxes
Monthly Non Resident Membership Rates
Youth (18 and under)$38.40 Monthly rate plus applicable taxes
Adult (19 and over)$38.40 Monthly rate plus applicable taxes
Dual $68.40 Monthly rate plus applicable taxes
Dual Plus One $80.40 Monthly rate plus applicable taxes
Household $92.40 Monthly rate plus applicable taxes
Senior (62 and older)$38.40 Monthly rate plus applicable taxes
Senior Dual $68.40 Monthly rate plus applicable taxes
Equipment Rental
'"Free to Eden Prairie non profit service organization groups.
Ice Skates $1.50 Per pair
Overhead projector $15.00 Per use
Projector screen $10 .00 Per use
Racquetball racquets $2.00 Per racquet
TV/VCR cabinet $15.00 Per use
3
2008 Fee Resolution
Service Fee Description
Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball)
**Must be age 14 and up to use Fitness Center
Members
Individual Resident
Free
$7.50 Youth or adult
Family Resident $15.00 Up to six people living at the same address
Individual Non Resident $9.50 Youth or adult
Family Non Resident $19.00 Up to six people living at the same address
Open Skate, Swim and Gym
** Resident and Non Resident - fee is for the use of open swim, open skate, and open gym)
Tots $3.00 4 years of age and under
Youth $4.00 5 years of age to 18 years of age
Adult $7.50 19 years of age or older
Family rate $13.00 Up to six people living at the same address
Lifeguards
14 00 Per hour
One to 50 swimmers
.
Second lifeguard required
51-100 swimmers Third lifeguard required
101 or greater Addl lifeguards will be determined by management depending on group size and age
Special Ice Rates - School District 272
Physical education classes 70.00 Per hour - 50% of non-prime time rate
Hockey games Prime time rate - Personnel required to run the games supplied by others.
Special Pool Rates - School District 272
Physical education classes Based on prime time rate for 5,490 total square feet
Lifeguard training class with EP School Phy Ed Dept $95.00 Per student ($1,000 minimum) when course is conducted by City Staff
COMMUNITY CENTER - POLICY OF GROUP R ATE & LIABILITIES
Group Rentals
**Groups of 20 or greater will receive free rental skates when purchasing ice
Lock-In - 11 p.m. to 5:30 am.
Lock-in groups will be charged an additional $1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor.
Supervision will beat the discretion of the Community Center management This will be based on the number of people to be using the center, as well
as the age and type of group.
Skate Rental $1.50
Lifeguards
1 to 50 participants - 2iffeguards required
51 to 100 participants - 3 lifeguards required
14.00 Per hour
** 100 plus participants - 4lffeguards required. Additional lifeguards determined by management depending on group size and ages.
Pool rental $50.00 Per Hour. Two hour minimum plus $14.00/hr per lifeguard
COMMUNITY CENTER ADVERTISING FEES
Note: Once groups have paid for the initial multi-year agreement, they may renew the contract each year for 1 year at the pro-rated fee.
Ice Resurfacer $1,500.00 Per side per year / 5 year term ($2,500 for both sides)
Score Board $1,500.00 Per side per year / 5 year term
On-Ice Logo $1,500.00 Per two 4'x4' logos per year /3 year term
Dasher board $950.00 Annually / 3 year term
OAK POINT POOL
Pool Rental - Lifeguards
** Pool rental in addition to these fees
Small slide pool rental only $42.00 Per hour for three lifeguards
Large pool rental only $28.00
Requires a minimum of three lifeguards
Addl lifeguards will be determined by management depending on group size and age
Per hour for two lifeguards
Rental of entire pool facility $70.00
Requires a minimum of 2 lifeguards
Based on non-holiday hours
Per hour for five lifeguards
Requires a minimum of 5lifeguards
4
2008 Fee Resolution
Service Fee Description
BEAC IIE$
Boat & Marina Rental
Canoe rack storage $45.00 Per rack per season
ORGANIZED ATHLETICS
Adult League Play
Non youth sport teams $30.00 Per game
Ball Field Tournaments
State, regional ,and national tournaments $90.00 Per day,per field
Other youth and adult tournaments $90.00 Per day,per field
Additional charge when lights are used $10.00 Per day,per field
For new soccer field for tournament $160.00 Per field set-up
Clinics and Camps
$40.00 Per day,per field
PLEASANT HILL CEMETERY
Ground Thawing :November 1- April 1
Casket burial 75.00
Cremation burial 50.00
Internment
Casket burials $275.00 Vault size 12 inches by 24 inches
$300.00 Vault size 12 inches by 36 inches
$400.00 Vault size 36 inches by 60 inches
$500.00 Vault size 48 inches by 96 inches
Cremation burials $200.00 Urn size 12 inches and under
$350.00 Urn size over 12 inches
Lot
Resident $400.00 20% perpetual care & 80% maintenance
Non-resident $600.00
Set Grave Markers
Single $150.00
Double $200.00
CO MMUNITY GARDEN PLOTS
20 foot by 30 foot plot
Residents only $5400 Senior citizen discount $12.00
20 foot by 60 foot plot
Residents only $108.00 Senior citizen discount $24.00
EQjICE
Bicycle License $10.00
Data Processing
Duplicating,audio recording $10.00
Duplicating,documentation $0.25 Per standard page
Standard reports $20.00 Per hour
Non-standard report $50.00 Per hour - Minimum charge is one hour
Dog
Impounding $30.00 lstoffenseyear
$50.00 2nd offense year
$100.00 3rd offense year
Boarding $11.00 Daily
Euthanasia $30.00
False Alarm Fee
`" Each user is allowed three false alarms per calendar year without penalty
4th false alarm $100.00
5th false alarm $200.00
6th & up false alarm $300.00
5
2008 Fee Resolution
Service Fee Description
Hunting & Trapping
Landowner
Resident
Free
$5.00
Non-resident $10.00
Other
Photograph, other $10.00 Plus actual cost
Postage $-Actual cost
Pawn Shops
Annual fee $10,000.00
Investigation fee $1,500.00 An investigation fee not to exceed $1,500 shall be charged by the City if the
Photograph,Booking
Standard 20.00
investigation is conducted in the State ,or the actual cost not to exceed $10,000
without prior written approval if the investigation is required outside the State.
Digital image $10.00
Police Officer Supplemental Employment
$65.00 Per hour -Minimum charge is three hours
Radio Service
Radio maintenance -mobile radio $6.00 Monthly
$78 00 lA
Radio maintenance -portable radio
.
$6.00
nnua
Monthly
$72.00 Annual
Radio maintenance -telemetry radio $5.00 Monthly
$60.00 Annual
Radio maintenance -telemetry interface $5.00 Monthly
$60.00 Annual
Labor charges -installation $50.00 Regular hours
$75.00 Nights / Weekends
Labor charges -non-included services $50.00 Regular hours
$75.00 Nights /Weekends
Reports
Resident $Free to residents
Non-resident $3.00 First two pages
$0.25 Additional pages
Transcribe,Audio Tape
25.00 Per hour -Minimum charge is one hour
BUILDING INSP ECTIONS
Fire Alarm &Non-Water Suppression
$1 to $2,000 $84.75
$2,001 to $25,000 $84.75 1st $2,000 plus $16.60 each addl $1,000 or fraction thereof, to &including $25,000
$25,001 to $50,000 $466.55 1st $25,000 plus $12.15 each addl $1,000 or fraction thereof, to & including $50,000
$50,001 to $100,000 $770.30 1st $50,000 plus $8.50 each addl $1,000 or fraction thereof, to & including $100,000
$100,001 to $500,000 $1,195 .30 1st $100,000 plus $6.80 each addl $1,000 or fraction thereof, to &including $500,000
$500,001 to $1,000,000 $3,915.30 1st $500,000 plus $5.60 each addl $1,000 or fraction thereof, to &including $1,000,000
$1,000,001 &up $6,715 .30 1st $1,000,000 plus $4.55 each addl $1,000 or fraction thereof
Fir
Plan checking
e Prevention
Miscellaneous fees 100.00
65% of the building permit fee if valuation is greater than $2,000
Per Minnesota State Fire Code (See Attachment A for listing of fees)
Fire Prevention Permits
Burning permits $80.00 Per site. Limit 2 days per week
Fireworks $25.00 Plus standby firefighters at present hourly rate. Rates set by the State
Fireworks sales $-Maximum rate set by the State
Flammable 8k combustible liquid tank removal $90.00 Per tank Less than 1,000 gallons
$200.00 Per tank. Greater than 1,000 gallons
Grease vapor removal system cleaning $100.00 Per cleaning
LP gas, flammable &combustible liquid tank install $225.00 Per tank
LP gas tank (temporary heat)$75.00 Per tank
Special Hazard Permit-MUFC Article 4 $175.00 Maximum of 3 per site
Tents/canopy (Residential)$40.00 Per tent
Tents/canopy (Commercial)$80.00 Per tent
6
2008 Fee Resolution
Service Fee Description
Fire Sprinkler Systems
$1 to $2,000 $84.75
$2,001 to $25,000 $84.75 1st $2,000 plus $16.60 each addl $1,000 or fraction thereof, to & including $25,000
$25,001 to $50,000 $466.55 1st $25,000 plus $12.15 each add9 $1,000 or fraction thereof, to &including $50,000
$50,001 to $100,000 $770.30 1st $50,000 plus $8.50 each add9 $1,000 or fraction thereof, to & including $100,000
$100,001 to $500,000 $1,195.30 1st $100,000 plus $6.80 each add9 $1,000 or fraction thereof, to & including $500,000
$500,001 to $1,000,000 $3,915.30 1st $500,000 plus $5.60 each add9 $1,000 or fraction thereof, to & including $1,000,000
$1,000,001 &up $6,715.30 1st $1,000,000 plus $4.55 each add9 $1,000 or fraction thereof
Plan Check Fee $-65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000
Heating & Ventilating - Job Valuation
0 to $1,000 $30.00
$1,001 to $10,000 $30.00 1st $1,000 plus $1.80 for each add9 $100 or fraction thereof, to and including $10,000
$10,001 to $50,000 $192.00 1st $10,000 plus $14.90 for each addl $1,000 or fraction thereof, to and including $50,000
$50,001 and up $788.00 1st $50,000 plus $12.00 for each additional $1,000 or fraction thereof
Heating & Ventilating - Other
Gas piping $10.00 Each opening
Reinspection $50.00
Investigation fee $-Equal to the amount of permit fee (charges for work started w/o a permit)
Moving a Building
Moving a building 250.00 $1,000 deposit each from the owners of the building and building mover
Moving a garage only $50.00 $1,000 deposit each from the owners of the building and building mover
Plumbing - Job Valuation
Residential appliance only - 5% labor cost $15.00 Minimum
$0-$11000 $30.00 Minimum
$1,001-$10,000 $30.00 1st $1,000 plus 2.5% for amount over $1,000 to & including $10,000
$10,001 &up $255.00 1st $10,000 plus 2% for amount over $10,000
For each openings on gas $10.00
Inside change over - sewer, water or both $15.00
Meter inspection $15.00
Municipal sewer $20.00 per 100 feet
Municipal water $20.00 per 100 feet
Storm sewer & sub soil drains $20.00 per 100 feet
Sewage disposal $150.00
Plumbing - Other Inspections & Fees
Reinspection fee 50.00 Each
Investigation fee - all work started without a permit -Equal to the amount of permit fee
Rental Licenses Fees 50.00 for a single rental dwelling
Septic System Pumping
20.00
or $50.00 for the 1st unit in a complex + $9.00 for each additional rental unit
System Access Charges - Utility Charges
For Metro sanitary sewer as established by the Metropolitan Waste Commission
System Access Charges - Utility Charges Sanitary Sewer
Residential $520.00 Per R.E.C.
Industrial, public, office $920.00 Per Metro SAC
Commercial $1,300.00 Per Metro SAC
System Access Charges - Utility Charges Water
Residential $2,250.00 Per R.E.C.
Industrial, public, office $2,900.00 Per Metro SAC
Commercial $3,500.00 Per Metro SAC
Water/Sewer Connection
$15,977.00 A connection fee of $15,977 per single unit is applicable if the property has not participated
in the cost of the utilities by other methods.
7
2008 Fee Resolution
Service Fee Description
OTHER
** Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer
Engine company $150.00 Per hour
Ladder company $200.00 Per hour
Rescue, grass rig, or rescue boat $100.00 Per hour
Specialized Personnel Chief Officer,Investigator $50.00 Per hour
Tools/supplies used $-At cost
Firefighter supplemental employment $35.00 Per 3 hour block -Minimum charge of three hours
ENGINEERING
Permit for Right-of-Way Excavations
Mainline utility and telecommunication installations $19.50 Per/l00 L.F
Repair or service excavation $27.00 Turf area
$65 00 Pavement area
Residential driveway
.
$27.00
Commercial driveway $65.00
All other excavations $27.00 Turf area
$65.00 Pavement area
Special Assessment Searches
*"No charge for Eden Prairie residents on searches of their homesteaded property
Non-resident $18.00 Per parcel
Street Signs
9 button delineator-red $111.00 Includes post & install
$130.00 Includes breakaway post & install
Future road extension advisory $250.00 Includes 2 posts & install -36" x 30"
Keep right symbol $134.00 Includes 9 button delis -yellow, no post
$159.00 Includes 9 button delis -yellow, install, post
$184.00 Includes 9 button delin -yellow, install &breakaway post
No outlet $121.00 Includes post & install - 24"x 24"
No parking $139.00 Includes post & install - Used for Turn -Around
Stop sign $134.00 Includes brackets, install,no post - 30" x 30"
$159.00 Includes brackets, install,with post - 30"x 30'
Street name sign $220.00 Includes install with 12' post - 6" x 6"
$246.00 Includes install with 12' post - 6"x 9"
$265.00 Includes install with 12' post - 9"x 9"
Temporary street name sign $154.00 Plus 15% surcharge for maintenance until permanent signs in place
Weight Restrictions
Truck overweight permit fee 35.00 Per trip
ENGINEERING - LAND DEVELOPMENT SERVIC E S
Street Lighting Fee
For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat
I1TILITIES
Fire Hydrant Use / Meter for Construction and Irrigation
Permit $35.00
Fire hydrant damage deposit $250.00 Applied to the final bill
3" meter deposit $500.00 Refundable
All other meter deposits $200.00 Refundable
Lawn Irrigation Restrictions
** Surcharges for non-compliance with lawn irrigation restrictions and prohibitions
First occurrence $25.00
Second occurrence $50.00
Third occurrence $100.00
Fourth occurrence $200.00
Fifth & subsequent occurrences within a two
year period
$300.00
New Construction Coil Form Bacteria Resampling
T & M - Based on actual laboratory costs, employee time and utility truck rental rates.
These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures.
New Construction Mechanical Reinspections
T & M - Directed at projects that require multiple visits to complete initial inspection .Same criteria as coil form resampling
8
2008 Fee Resolution
Service Fee Description
Storm Drainage Land Use Quarterly Fee
Single-family homes $3.00 Each
Multi-family/apartments $29.70 Acre
Industrial $29.70 Acre
Commercial/office $38.07 Acre
Institutions $33.66 Acre
Airport/landfill $7.38 Acre
Parks /open space /golf course $4.14 Acre
Undeveloped land $10.00 Each
User Charges
Penalty for billed charges :l % per month on account not paid within 30 days of billing
A residential equivalent connection (E.E.C.) is one dwelling unit
The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C
Sanitary sewer
Water
Fixed charges
Unmetered residential sewer only
Administrative fee
Water conservation surcharge
Water flow test for 5/8" meters
Water service turn on/off
Water softening &filtering
$2.00 Per 1,000 gallons - Subject to minimum of 4,000 gallons per quarter per E.E.C.
$1.65 Per 1,000 gallons -Subject to minimum of 4,000 gallons per quarter per E.E.C.
$12.50 Per quarter
Each R.E.C. will be bille & $6.25 fixed charge for water and $6 .25 fixed charge for sewer
Fixed charges are billed on the greater of the number of R.E .C.'s on connections
$31.00 use charges $31 per quarter per R.E.C. plus a $6.25 fixed charge
$40.00 Flat charge is added to the current balance due to obtain the total certified amount
$-Residential customers are subject to water conservation surcharge of $1.00 per 1,000 gallons
for usage exceeding 150% of winter quarter use or 36,000 gallons per quarter, whichever is
greater, not to exceed $100.00.
$30.00 When consumption is challenged by a customer &the meter is accurate
$30.00 After initial turn on, any non -emergency on/off request by a commercial lending institution,
government agency (HUD), or private property management service
$-No fee - State license required
9
Fee Resolution Facility
Priority Rental Classifications:
A. City Government -Any activity related to the operations of Eden Prairie's City Government including ,but not limited
to, City Council, Board and Commission meetings ,City programs and events, City sponsored public meetings, as well as
State and County related committees ,including Minnesota's federal and state representatives. People Reaching Other
People (PROP)shall be included as the City's non-profit social services /food shelf agency.This group will not be charged.
B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public
agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which
contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden
Prairie based, if it has at least 75% of its membership roster residing in the City.
C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who
wish to use the facilities for personal use, such as family gatherings, parties, etc.
D. Non-Community Group III - Non-resident individuals and groups.
Eden Prairie residents and businesses may not make reservations for non -Eden Prairie residents and businel
City Rental Facilities:
Amphitheatre - located at Staring Lake Park
City Center - meeting rooms, conference rooms,. a traditional training room, and the Council Chambers
Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts,
and swimming pool
Outdoor Center - located at Staring Lake Park
Park Pavilions &Shelters -Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring
Lake Park Shelter, Miller Park Shelters, Nesbitt Park Shelter, Riley Lake Shelter, Purgatory Creek Recreation Area Shelter,
and Crestwood Park Shelter.
Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood
shop regulations)
Warming Houses - located throughout the City
10
2008 Fee Resolution -Facilities
Facility Facility Information
LATER & COMMUNITY MEETING ROOM
Group 1
Fee
Group 2 Group 3
All rooms must be vacated by 10:00 p .m. The heritage room is an official emergency shelter for the City Center .Reservations
may be rescheduled or canceled in case of emergency .Reservation fees will be returned accordingly.
**Standard room set up is included in the fee. Additional set up charges will be incurred for special room arrangements.
$25.00 for the heritage room (one quarter) $50.00 for the heritage room (half) and $100.00 for the heritage room (whole).
Atrium I Conference Room Standard conference = 10; after 4:30 -10p.m.; Mon-Fri;
Limited availability;City priority
15.00 $20.00 $25.00 Per Hour
Atrium II Conference Room Standard conference =6; after 4:30-10p.m.; Mon-Fri;
Limited availability;City priority
15.00 $20.00 $25.00 Per Hour
Atrium III Conference Room Standard conference = 10; After 430-10p.m.;Mon-Fri;
Limited availability,City priority
15.00 $20.00 $25.00 Per Hour
Council Chamber Restricted use; Standard set-up; No food /beverages;
AV technician required ,w/extra charge
55.00 $65.00 $80.00 Per Hour
Heritage Room (one quarter)Limited set-up; Maximum capacity = 40 $20.00 $30.00 $40.00 Per Hour
Heritage Room (half) .Maximum capacity= 100 $30.00 $40.00 $50.00 Per Hour
Heritage Room (whole)Maximum capacity = 200 $45.00 $55.00 $85.00 Per Hour
Lower Atrium Maximum capacity =100. Limited availability;
After 4:30-10p.m.;Mon-Fri; w/special arrangements
30.00 $40.00 $50.00 Per Hour
Prairie Room
GARDEN ROOM
Standard conference =18; after 4:30 -10p.m.;Mon-Fri;
Limited availability;City priority
$15.00 $20.00 $25.00 Per Hour
Garden Room Group 1 =with meal service - catering charge only $-$-$-
Group 2 & 3 =first 4 hours $$300.00 $400.00
har ehhdditil h l s t i2 & 3 =ft fG $-00 $75 00$50gerours, eac a ona our p u ca er ng croupaour ..
Private Dining Room (conference room)$20.00 $30.00 $40.00 Per Hour
2008 Fee Resolution - Facilities
Facility Facility Information
S:QMMSILIIU CENTER
Eden Prairie Associations will be charged $15.00/hr for team parties/activities where food and beverages are provided as part of the activity.
Group I will still be charged $5.00/hr for all other meetings.
Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to
requested date. Times and dates must not conflict with an existing program or activity.City programs have priority.
** Eden Prairie Athletic Associations receive one free meeting room use per month.
** For Group II and Group III, discounted meeting rooms are avail. 7:00 am to 3:00 pm, Tues to Thur.
Ice Arena - Rinks 1, 2 & 3
Cambria Room
Meeting Room 1- 4
Spring prime time -March 1 thru June 13 - 3 p.m. to 11 p.m.
Monday - Friday, weekends, holiday, & non-school days;
$50 deposit required with ice rental reservation
Spring non-prime time - March 1 thru June 13 - before 3 p.m. and after 11 p.m.
Monday - Friday; $50 deposit required with ice rental reservation
Summer time -June 14 thru Aug 31 - 6 a.m. to 11 p.m.
Fall prime time - September 1 thru September 30 - 3 p.m. to 11 p.m.
Monday - Friday, weekends, holiday, & non-school days;
$50 deposit required with ice rental reservation
Fall non-prime time - September 1 thru September 30 - before 3 p.m. and after 11 p.m.
Monday - Friday; $50 deposit required with ice rental reservation
Winter prime time -October 1 thru February 29 - 3 p.m. to 11 p.m.
Monday - Friday, weekends, holiday, & non-school days;
$50 deposit required with ice rental reservation
Winter non-prime time - October 1 thin February 29 - before 3 p.m. and after 11 p.m.
Monday - Friday; $50 deposit required with ice rental reservation
2 hr minimum
Plus applicable taxes
Eden Prairie Athletic Associations receive one free meeting room use per month
7:00 a.m. to 3:00 p.m. - Tues through Thurs. User group must purchase room for
minimum of 30-hour time block After 3:00pm, Friday, Sat and Sun, each time block must
be a minimum of 2 hours In length .Request must be submitted to Customer Service Rep
Plus applicable taxes
Multi Purpose Meeting Room Eden Prairie Athletic Associations receive one free meeting room use per month
7:00 a.m. to 3:00 p.m. - Tues through Thurs. User group must purchase room for
minimum of 30-hour time block. After 3:00pm, Friday, Sat and Sun, each time block must
be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep
Plus applicable taxes
Group 1
Fee
Group 2 Group 3
$160.00 $160.00 $160.00 Per Hour
$140.00 $140.00 $140.00 Per Hour
140.00 $140.00 $140.00 Per Hour
$160.00 $160.00 $160.00 Per Hour
$140.00 $140.00 $140.00 Per Hour
$170.00 $170.00 $170.00 Per Hour
$140.00 $140.00 $140.00 Per Hour
$40.00 $50.00 $65.00 Per Hour
$15.00 $20.00 $35.00 Per Hour
$15.00 $20.00 $35.00 Per Hour
2008 Fee Resolution - Facilities
Facility Facility Information
Group 1
Fee
Group 2 Group 3
Parking Permits 2007/2008 school year -August 9th thru November 30th $350.00 $350.00 $350.00
2007/2008 school year -December 1st thm February 28th $175 .00 $175.00 $175.00
2007/2008 school year -March 1st thm June 10th $100.00 $100.00 $100.00
Racquetball Free with membership (Per Person)7.50 $7.50 $7.50 Per Hour
Swimming Pool (capacity 268)Prime time - 6 a.m. to 5 p .m. Monday thin Saturday /noon to 5 p .m. on Sundays $61.00 $61.00 $61.00 Per Hour
Non-prime time - 5 p.m.to 9 p.m.Monday thin Sunday $51 .00 $51.00 $51.00 Per Hour
Discounted rate - 9 p.m. to 11 p.m. Monday thm Sunday plus cost of lifeguards at $14 /hour $46.00 $46.00 $46.00 Per Hour
Walleyball Members no charge.Non-member is $5.00/hour per person 22.50 $22.50 $22.50 Max per hour
OAK POINT POOL
Lifeguards must be added as follows at the rate of $14.00 an hour,small slide pool rental only-minimum 3 lifeguards,
large pool rental only- minimum of 2 lifeguards ,rental of entire pool facility -minimum of 5 lifeguards
**Additional lifeguards will be determined by management depending on group size and age.
Sunday rentals require an additional $31.50 an hour maintenance fee for the rental of 6 lanes of the pool.
For Sunday rental of the entire pool ,an additional $55.00 an hour is required.
Uj Oak Point Pool Rental Prime time 6 a.m.- 5 p.m., Monday-Saturday; and noon - 5 p.m. Sunday $61.00 $61.00 $61.00 Per Hour
Non-prime time. 5 p.m. - 9 p .m., Monday-Sunday $51 .00 $51.00 $51 .00 Per Hour
Discount rate: 9 p.m. - 11 p.m., Monday-Sunday $46.00 $46.00 $46.00 Per Hour
PARK FACILITIES RENTAL
All parks free to Eden Prairie Non-Profit Service Organization Groups
All groups of over 100 will be charged full date rate
All parks REQUIRE a $200 deposit
Eden Prairie School District Programs charged only direct cost for all parks
No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150.)
Crestwood Park Building Full Day - Maximum capacity varies $80.00 $80.00 $80.00
Homeward Hills Barn 1/2 Day -Maximum capacity varies $110.00 $110.00 $110.00
Full Day - Maximum capacity varies $150.00 $150.00 $150.00
Miller Park Building Full Day- Maximum capacity varies $80.00 $80.00 $80.00
Nesbitt Park Building Full Day - Maximum capacity varies $80.00 $80.00 $80.00
Outdoor Center Per hour -2 hour minimum -Maximum capacity varies $40.00 $40.00 $40.00
2008 Fee Resolution - Facilities
Facility
Purgatory Creek Recreation Area Pavilion
Riley Lake Park Pavilion
Riley-Jacques Barn
Round Lake Park Building
Round Lake Pavilion
Staring Lake Park Amphitheatre
Audio Technician
Facility Information
1/2 Day - Maximum capacity varies
Full Day - Maximum capacity varies
112 Day -Maximum capacity varies
Full Day - Maximum capacity varies
Per hour - 2 hour minimum - Maximum capacity varies
1/2 Day - Maximum capacity varies
Full Day - Maximum capacity varies
1/2 Day - Maximum capacity varies
Full Day - Maximum capacity varies
Per hour - 2 hour minimum - Maximum capacity varies
Sound Tech & Sound Equipment -. 2 hour minimum
Fee
Group 1 Group 2 Group 3
$135.00 $135.00 $135.00
$195.00 $195.00 $195.00
$135.00 $135.00 $135.00
$195.00 $195.00 $195.00
40.00 $40.00 $40.00
110.00 $110.00 $110.00
150.00 $150.00 $150.00
$110.00 $110.00 $110.00
$150.00 $150.00 $150.00
$55.00 $55.00 $55.00
$35.00 $35.00 $35.00
Staring Lake Park Building
ing Houses - 2 hour minimum
rP
ENIOR CENTER RENTA
Senior Center Community Room Only
Senior Center Community Room
Senior Center Kitchen
Senior Center Lounge
Senior Center Room 201
Senior Center Room 203
Senior Center Room 209
1/2 Day - Maximum capacity varies
Full Day - Maximum capacity varies
Supervision required - 2 hour minimum
December 15- March 1
Maximum capacity approx. 90 theatre style, 50 table seating with use of pool table and piano
Plus applicable taxes
Including kitchen and lounge - plus applicable taxes
Approx. 15 people with use of appliances - plus applicable taxes
Approx. 20 with use of big screen TV plus VCR/DVD - plus applicable taxes
Approx. 40 people theater style, 25 to 30 table seating -plus applicable taxes
Approx. 25 people theater style, 15 to 20 table seating - plus applicable taxes
Approx. 10 to 15 - plus applicable taxes
$110.00 $110.00 $110.00
$150.00 $150.00 $150.00
15.00 $15.00 $15.00 Per hour
25.00 $30.00 $30.00 Per hour
$35.00 $40.00 $40.00 Per hour
$15.00 $20.00 $20.00 Per hour
$15.00 $20.00 $20.00 Per hour
$20.00 $25.00 $25.00 Per hour
$15.00 $20.00 $20.00 Per hour
$10.00 $15.00 $15.00 Per hour
Attachment A
Permits from the Minnesota State Fire Code (MSFC) covered under the "miscellaneous" fee category on
the fee resolution.
Operational Permits
Aerosol products .An operational permit is required to manufacture, store or handle an aggregate
quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
Amusement buildings .An operational permit is required to operate a special amusement building.
Aviation facilities .An operational permit is required to use a Group H or Group S occupancy for aircraft
servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this
code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes.
Battery systems .A permit is required to install stationary lead-acid battery systems having a liquid
capacity of more than 50 gallons (189 Q.
Carnivals and fairs .An operational permit is required to conduct a carnival or fair.
Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a
Group A occupancy.
Combustible dust-producing operations .An operational permit is required to operate a grain elevator,
flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa,magnesium , spices or sugar, or
other operations producing combustible dusts as defined in Chapter 2.
Combustible fibers .An operational permit is required for the storage and handling of combustible fibers
in quantities greater than 100 cubic feet (2.8 m3).
Exception: A permit is not required for agricultural storage.
Compressed gases .An operational permit is required for the storage, use or handling at normal
temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.9.
Exception :Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Covered mall buildings .An operational permit is required for:
1.The placement of retail fixtures and displays, concession equipment, displays of highly combustible
goods and similar items in the mall.
2. The display of liquid- or gas-fired equipment in the mall.
3. The use of open-flame or flame-producing equipment in the mall.
Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or
dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11.
Exception :Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel
for propelling the vehicle or for refrigerating the lading.
Dry cleaning plants .An operational permit is required to engage in the business of dry cleaning or to
change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
Exhibits and trade shows .An operational permit is required to operate exhibits and trade shows.
Explosives .An operational permit is required for the manufacture,storage ,handling, sale or use of any
quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of
Chapter 33.
Floor finishing .An operational permit is required for floor finishing or surfacing operations exceeding
350 square feet (33 m2) using Class I or Class II liquids.
Fruit and crop ripening .An operational permit is required to operate a fruit, or crop-ripening facility or
conduct a fruit-ripening process using ethylene gas.
15
Fumigation and thermal insecticidal fogging .An operational permit is required to operate a business of
fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or
flammable fumigant is used.
HPM facilities. An operational permit is required to store, handle or use hazardous production materials.
High-piled storage .An operational permit is required to use a building or portion thereof as a high-piled
storage area exceeding 500 square feet (46 m2).
Hot work operations .An operational permit is required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2.Use of portable hot work equipment inside a structure.
Exception: Work that is conducted under a construction permit.
3. Fixed-site hot work equipment such as welding booths.
4.Hot work conducted within a hazardous fire area.
5.Application of roof coverings with the use of an open flame device.
Industrial ovens .An operational permit is required for operation of industrial ovens regulated by
Chapter
21.
Lumber yards and woodworking plants.An operational permit is required for the storage or processing
of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
Liquid-or gas -fueled vehicles or equipment in assembly buildings .An operational permit is required
to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.
Magnesium .An operational permit is required to melt, cast, heat treat or grind more than 10 pounds
(4.54 kg) of magnesium.
Miscellaneous combustible storage .An operational permit is required to store in any building or upon
any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes,
barrels or similar containers, rubber tires, rubber, cork or similar combustible material.
Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire
on any public street, alley, road, or other public or private ground. Instructions and stipulations of the
permit shall be adhered to.
Exception :Recreational fires.
Open flames and candles .An operational permit is required to remove paint with a torch;use a torch or
open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly
areas,dining areas of restaurants or drinking establishments.
Organic coatings .An operational permit is required for any organic-coating manufacturing operation
producing more than 1 gallon (4 L) of an organic coating in one day.
Places of assembly .An operational permit is required to operate a place of assembly.
Pyrotechnic special effects material .An operational permit is required for use and handling of
pyrotechnic special effects material.
Pyroxylin plastics.An operational permit is required for storage or handling. of more than 25 pounds (11
kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving
pyroxylin plastics.
Refrigeration equipment .An operational permit is required to operate a mechanical refrigeration unit or
system regulated by Chapter 6.
Repair garages and service stations .An operational permit, is required for operation of repair garages
and automotive, marine and fleet service stations.
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.
Spraying or dipping .An operational permit is required to conduct a spraying or dipping operation
utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter
15.
16
Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or
maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of
scrap, tires and for indoor storage of tires and tire byproducts.
Temporary membrane structures ,tents and canopies .An operational permit is required to operate an
air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2),
or a canopy in excess of 400 square feet (37 m2).
Exceptions:
1.Tents used exclusively for recreational camping purposes.
2. Fabric canopies and awnings open on all sides which comply with all of the following:
2.1. Individual canopies shall have a maximum size of 700 square feet (65 m2).
2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet
(3658 mni) shall not exceed 700 square feet (65 m2) total.
2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided.
Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire
rebuilding plant.
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and
waste material-handling facilities.
Wood products .An operational permit is required to store chips, hogged material, lumber or plywood in
excess of 200 cubic feet (6 m3).
Construction Permits
Compressed gases .When the compressed gases in use or storage exceed the amounts listed in Table
105.6.9, a construction permit is required to install, repair damage to, abandon, remove, place temporarily
out of service, or close or substantially modify a compressed gas system.
Exceptions:
1.Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be made
within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days
prior to the termination of the storage, use or handling of compressed or liquefied gases.Such application
shall include. any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-
day period is not applicable when approved based on special circumstances requiring such waiver.
Flammable and combustible liquids. A construction permit is required:
1.To repair or modify a.pipeline for the transportation of flammable or combustible liquids.
2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing
stations, refineries, distilleries and similar facilities where flammable and combustible liquids are
produced, processed, transported, stored, dispensed or used.
3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible
liquid tank.
Hazardous materials .A construction permit is required to install, repair damage to, abandon, remove,
place temporarily out of service, or close or substantially modify a storage facility or other area regulated
by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
1.Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be made
within two working days of commencement of work.
17
Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter
21.
Exceptions:
1.Routine maintenance.
2. For repair work performed on an emergency basis, application for permit shall be made within two
working days of commencement of work.
LP-gas .A construction permit is required for installation of or modification to an LP-gas system.
Spraying or dipping .A construction permit is required to install or modify a spray room, dip tank or
booth.
18
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008 %Change
07 to 08
BUMMSS LICENSES
Liquor -Non-Intoxicating Malt Liquors
On-sale Annual - If less than one year, amount will be prorated over remaining months.$750.00 $800.00 6.7%
Off-sale Annual - If less than one year, amount will be prorated over remaining months.$150.00 $175.00 16.796
Investigation fee Initial application $500.00 $500.00 0.0%
Liquor -Intoxicating Malt Liquors
Growlers (off-sale)Annual 250.00 $250.00 0.0%
Liquor On-Sale
On-sale Annual - If less than one year, amount will be prorated over remaining months.$8,500.00 $8,750.00 2.9%
Investigation fee Initial application $500.00 $500.00 0.096
License change -new manager $25.00 $25.00 0.0%
License change -other than management change $150.00 $150.00 0.0%
Liquor On-Sale Fraternal Clubs
Liquor on-sale Annual - If less than one year, amount will be prorated over remaining months.$100.00 $100.00 0.096
Investigation fee Initial application $500.00 $500.00 0.0%
License change -new manager $25.00 $25.00 0.096
License change - other than management change $150.00 $150.00 0.0%
Liquor On-Sale Non -Fraternal Clubs
Liquor on-sale Annual $4,250.00 $4,250.00 0.096
Investigation fee Initial application $500.00 $500.00 0.0%
License change -new manager $25.00 $25.00 0.096
License change - other than management change $150.00 $150.00 0.096
Liquor On-Sale Wine
On-sale Annual - If less than one year, amount will be prorated over remaining months.$2,000.00 $2,000.00 0.0%
Investigation fee Initial application $500.00 $500.00 0.0%
License change -new manager $25.00 $25.00 0.0%
License change - other than management change $150.00 $150.00 0.096
Liquor Other
Temporary beer Requires application $-$-0.096
Temporary wine Requires application $-$-0.0%
Sunday liquor Annual - If less than one year, amount will be prorated over remaining months.$200.00 $200.00 0.0%
Special events Per event $200.00 $200.00 0.096
Liquor Investigation Fee
An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State,
or the actual cost not to exceed $10,000 without prior approval,if the investigation is required outside the State.
Other
Bingo (Gambling)Requires application $-0.0%
Cigarettes Annual - If less than one year, amount will be prorated over remaining months.$250.00 $300.00 20.096
Dog kennels (Commercial)Annual - If less than one year, amount will be prorated over remaining months.$75.00 $80.00 6.796
Dog kennels (Private)Annual - If less than one year, amount will be prorated over remaining months.$30.00 $30.00 0.096
Dog license
Required for 3-5 animals. Must also purchase individual dog licenses.
Biannual $20.00 $20.00 0.096
Inspections (Plumbing)No fee - State bond/insurance required $-$-0.096
Non-profit solicitor Requires application $-$-0.0%
Peddlers Annual - Government issued identification required $30.00 $35.00 16.796
Raffle (Gambling)Requires application $-$-0.096
Refuse & garbage collectors Annual -1st Vehicle $100.00 $100.00 0.096
Annual - Each additional vehicle $25.00 $25.00 0.096
Scavengers Annual $10.00 $10.00 0.0%
Page 1 of 9
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008
CUSTOMER SERVICE
City Code
City code - bound copy Original $100.00 $100.00
Chapter 11 & 12 $10.00 $10.00
Maps and Printing
1st map per resident No fee - distributed at customer service desk $-$-
Additional maps Each additional map - Distributed at customer service desk $0.50 $0.50
Large map printing per square foot-black and white Miscellaneous printing $0.50 $1.00
Large map printing per square foot-color $1.75
City maps/plat/half section, black and white-2 4 x 36 $5.00 $5.00
City maps/plat/half section, color-24 x 36 $9.00 $10.00
City maps/plat/half section, black and white-3 6 x 48 $10.00
City maps/plat/half section, color-36 x 48 $20.00
Overlay composites/aerials-24 x 36 Each - 1/2 section $11.00 $11.00
Mark Hurd Co. topography map per acre Per acre if previously purchased by the City.$12.50 $12.50
CD ROM specifications
Except $9/sheet if topo map purchased by other than City and with original purchasers
permission .New order through Mark Hurd Co. - their original charge plus $.50/acre
$20.00 $20.00
City Council agendas Annual. Pro-rated.$24.00 $24.00
City Council minutes Annual. Pro-rated.$75.00 $75.00
Duplicating costs Per page, plus postage, if applicable $0.25 $0.25
Planning Commission agendas Annual Pro-rated.$24.00 $24.00
Planning Commission minutes Annual. Pro-rated.$50.00 $50.00
Video tape/DVDs of Council & Commission meetings Per tape/DVD, plus postage, if applicable $5.00 $5.00
FACMITIES
Audio-Visual Equipment
Dry erase board (3x5') with markers $7.50 $7.50
Easel $5.00 $5.00
Extra pad of paper Each $12.00 $12.00
Flipchart/dry erase (24"x30") with paper $10.00 $10.00
Microphone/stand & speakers $15.00 $15.00
Microphone, wireless clip-on and speakers $20.00 $20.00
Overhead projector $15.00 $15.00
Podium, floor model $7.50 $7.50
Podium, table top model $5.00 $5.00
Slide projector with carousel $15.00 $15.00
Screen, projection (tripod stand) 6x6'$10.00 $10.00
TV/VCR on cart $15.00 $15.00
Building Supervisor
Monday-Thursday, 5:00 p.m. - 10:00 p.m.
Weekends
Custodial
Time and a half will be charged on weekends
FINANCE
Tax Exempt Financing Charge
Application fee
Annual fee:
Per hour
Per hour
Per hour
%Change
07 to 08
0.096
0.0%
0.0%
0.096
100.096
0.096
11.1%
0.0%
0.096
0.0%
0.096
0.0%
0.0%
0.096
0.096
0.096
0.0%
0.096
0.0%
0.096
0.0%
0.0%
0.096
0.0%
0.096
0.0%
0.096
0.096
$5.00 $5.00 0.096
$10.00 $10.00 0.096
$25.00 $25.00 0.096
Per transaction $2,000.00 $2,000.00 0.096
1/8 of 196 on the unpaid principal balance at the end of each 12-month period.
This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.
85-135 and its subsequent reauthorization.
This charge is effective for all new projects receiving council authorization on or after March 1,
1991 for the issuance of revenue authorization and for all existing projects which require council
authorization on or after March 1,1991.
ASSESSING
Value Abatement
Per parcel Per year 25.00 $25.00 0.096
Copy of Appraisal/Field Card $2.00 $2.00 0.096
Electronic Copies of Data Bases
Basic set-up charge Prepayment required for all set-up charges (includes $100.00 for LOGIS)$300.00 $300.00 0.096
Plus Per record $0.05 $0.05 0.096
Plus media charge At actual cost
Page 2 of 9
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008 %Change
07 to 08
Printed Copies of Reports or Databases
Basic set-up charge Prepayment required for all set-up charges $200.00 $200.00 0.0%
Plus Per page $0.25 $0.25 0.0%
Electronic Copies of Reports
Basic set-up charge Prepayment required for all set-up charges $200.00 $200.00 0.096
Plus Per record $0.05 $0.05 0.096
COMMITNITY CENTER
Community Center Membership
Benefits
1. Includes full use of fitness facility including a complimentary equipment orientation
2. Includes group fitness classes (except contract labor lasses such as Yoga and Pilates)
3. Includes use of racquetball courts
4. Includes free open gym,skate and swim
5. Includes discount on room rentals (30 day last minute rental)
6. Includes priority booking for Cambria Room
Additional Information
1.One time administrative fee of $25.00
2.Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on the 1st of every month.
3. 1096 discount for 12 month up front payment
4. $5.00 monthly suspension fee available for up to 3 months per 12 month term.
Guidelines for Membership Types
Youth Membership
Adult Membership
Dual Membership
Dual Plus One
Household Membership
Senior
Extended Household
Senior Dual Membership
Defined as any child 18 years of age and younger.
Defined as any individual ages 19 years of age and older.
Any two adults or adult and youth residing at the same address.
Any two adults plus one youth one adult and two youths residing at the same address.
Any two adults and up to four youth residing at the same address.
Defined as any individual 62 years of age and older.
See Community Center Management for membership options that include larger
families, nannies, and babysitters.
Any one senior and one additional member (55 or older) residing at the same address.
Monthly Resident Membership Rates
A resident either lives or works in Eden Prairie .Valid for 12 months from date of purchase.
1096 discount on upfront purchase of 12 month membership
Youth (18 and under)Monthly rate plus applicable taxes $10.00 $24.00 140.096
Adult (19 and over)Monthly rate plus applicable taxes $17.08 $32.00 87.396
Dual Monthly rate plus applicable taxes $57.00 0.096
Dual Plus One Monthly rate plus applicable taxes $67.00 0.096
Household Monthly rate plus applicable taxes $24.58 $77.00 213.296
Senior (62 and older)Monthly rate plus applicable taxes $10.00 $24.00 140.096
Senior Dual-Monthly rate plus applicable taxes $12.08 $42.75 253.896
Monthly Non Resident Membership Rates
Youth (18 and under)Monthly rate plus applicable taxes $12.92 $38.40 197.396
Adult (19 and over)Monthly rate plus applicable taxes $22.08 $38.40 73.996
Dual Monthly rate plus applicable taxes $68.40 0.0%
Dual Plus One Monthly rate plus applicable taxes $80.40 0.096
Household Monthly rate plus applicable taxes $31.25 $92.40 195.796
Senior (62 and older)Monthly rate plus applicable taxes $12.92 $38.40 197.396
Senior Dual Monthly rate plus applicable taxes $15.83 $68.40 332.0%
Equipment Rental
"` Free to Eden Prairie non profit service organization groups.
Ice Skates Per pair $1.50 $1.50 0.0%
Overhead projector Per use $15.00 $15.00 0.0%
Projector screen Per use $10.00 $10.00 0.096
Racquetball racquets Per racquet $2.00 $2.00 0.096
TV/VCR cabinet Per use $15.00 $15.00 0.096
Page 3 of 9
2008 Fee Resolution - Comparison to 2007
Service Description
Daily Full Use Pass (includes open gym, open skate,open swim ,group fitness,fitness, and racquetball)
2007 2008 %Change
07 to 08
**Must be age 14 and up to use Fitness Center
Members
Individual Resident Youth or adult
Free Free
$7.50
Family Resident Up to six people living at the same address $15.00
Individual Non Resident Youth or adult $9.50
Family Non Resident Up to six people living at the same address $19.00
Open Skate, Swim and Gym
** Resident and Non Resident - fee is for the use of open swim, open skate, and open gym)
Tots 4 years of age and under $2.00 $3.00 50.096
Youth 5 years of age to 18 years of age $3.00 $4.00 33.396
Adult 19 years of age or older $3.50 $7.50 114.396
Family rate Up to six people living at the same address $10.00 $13.00 30.096
Lifeguards
Per hour $14.00 $14.00 0.096
One to 50 swimmers
51-100 swimmers
101 or greater
Special Ice Rates - School District 272
Physical education classes
Second lifeguard required
Third lifeguard required
Add'I lifeguards will be determined by management depending on group size and age
Per hour - 5096 of non-prime time rate 5.00 70.00 .796
Hockey games
Special Pool Rates - School District 272
Physical education classes
Lifeguard training class with EP School Phy Ed Dept
Prime time rate - Personnel required to run the games supplied by others.
Based on prime time rate for 5,490 total square feet
Per student ($1,000 minimum) when course is conducted by City Staff
COMMUNITY CENTER - POLICY OF G ROUP RATE &.ABILITIES
Group Rentals
**Groups of 20 or greater will receive free rental skates when purchasing ice
Lock-In - 11 p.m. to 5 :30 am.
** Lock-in groups will be charged an additional $1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor.
Supervision will be at the discretion of the Community Center management This will be based on the number of people to be using the center, as well
as the age and type of group.
Skate Rental 1.50 $1 .50 0.096
Lifeguards Per hour 14.00 $14.00 0.096
1 to 50 participants -2lifeguards required
51 to 100 participants - 3lifeguards required
**100 plus participants -4 lifeguards required.Additional lifeguards determined by management depending on group size and ages.
Pool rental Per Hour.Two hour minimum plus $14 .00/hr per lifeguard 45.00 $50.00 11.196
COMMUNITY CENTER ADVERTISING FEES
Note :Once groups have paid for the initial multi-year agreement ,they may renew the contract each year for 1 year at the pro -rated fee.
Ice Resurfacer Per side per year /5 year term ($2,500 for both sides)$1,500.00
Score Board Per side per year /5 year term $1,500.00
On-Ice Logo Per two 4 'x4' logos per year / 3 year term $1,500.00
Dasher board Annually /3 year term $950.00
OAK POINT POOL
Pool Rental -Lifeguards
** Pool rental in addition to these fees
Small slide pool rental only Per hour for three lifeguards $42.00 $42 .00 0.096
Requires a minimum of three lifeguards
Add'I lifeguards will be determined by management depending on group size and age
Large pool rental only Per hour for two lifeguards $28.00 $28 .00 0.096
Requires a minimum of 2 lifeguards
Based on non -holiday hours
Rental of entire pool facility Per hour for five lifeguards $70.00 $70.00 0.0%
Requires a minimum of 5 lifeguards
Page 4 of 9
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008 %Change
07 to 08
BEACHES
Boat & Marina Rental
Canoe rack storage Per rack per season $45.00 $45.00 0.096
ORGANIZED ATHLETICS
Adult League Play
Non youth sport teams Per game 30.00 $30.00 0.096
Ball Field Tournaments
State, regional,and national tournaments Per day, per field $90.00 $90.00 0.0%
Other youth and adult tournaments Per day, per field $90.00 $90.00 0.0%
Additional charge when lights are used Per day, per field $10.00 $10.00 0.096
For new soccer field for tournament Per field set-up $160.00 $160.00 0.096
Clinics and Camps
Per day, per field $40.00 $40.00 0.096
PLEASANT HILL CEMETERY
Ground Thawing: November 1 - April 1
Casket burial $75.00 $75.00 0.0%
Cremation burial $50.00 $50.00 0.0%
Internment
Casket burials Vault size 12 inches by 24 inches $275.00 $275.00 0.0%
Vault size 12 inches by 36 inches $300.00 $300.00 0.0%
Vault size 36 inches by 60 inches $400.00 $400.00 0.096
Vault size 48 inches by 96 inches $500.00 $500.00 0.0%
Cremation burials Urn size 12 inches and under $200.00 $200.00 0.096
Urn size over 12 inches $350.00 $350.00 0.096
Lot
Resident 2096 perpetual care & 8096 maintenance $400.00 $400.00 0.0%
Non-resident $600.00 $600.00 0.096
Set Grave Markers
Single $150.00 $150.00 0.0%
Double $200.00 $200.00 0.096
COMMUNITY GARDEN PLOTS
20 foot by 30 foot plot
Residents only Senior citizen discount $12.00 54.00 $54.00 0.096
20 foot by 60 foot plot
Residents only Senior citizen discount $24.00 108.00 $108.00 0.096
POLICE
Bicycle License 10.00 $10.00 0.096
Data Processing
Duplicating, audio recording $10.00 $10.00 0.0%
Duplicating, documentation Per standard page $0.25 $0.25 0.0%
Standard reports Per hour $20.00 $20.00 0.096
Non-standard report Per hour - Minimum charge is one hour $50.00 $50.00 0.0%
Dog
Impounding 1st offense year $30.00 $30.00 0.0%
2nd offense year $50.00 $50.00 0.0%
3rd offense year $100.00 $100.00 0.096
Boarding Daily $11.00 $11.00 0.096
Euthanasia $30.00 $30.00 0.096
False Alarm Fee
M* Each user is allowed three false alarms per calendar year without penalty
4th false alarm $100.00 $100.00 0.096
5th false alarm $200.00 $200.00 0.096
6th & up false alarm $300.00 $300.00 0.096
Page 5 of 9
2008 Fee Resolution - Comparison to 2007
Service
Hunting & Trapping
Landowner
Resident
Non-resident
Other
Photograph, other
Postage
Pawn Shops
Annual fee
Investigation fee
Description
Plus actual cost
Actual cost
An investigation fee not to exceed $1,500 shall be charged by the City if the
investigation is conducted in the State,or the actual cost not to exceed $10,000
without prior written approval if the investigation is required outside the State.
2007 2008 %Change
07 to 08
Free Free 0.0%
$5.00 $5.00 0.0%
$10.00 $10.00 0.0%
$10.00 $10.00 0.096
$-$-0.0%
$ 10,000.00 $ 10,000.00 0.0%
$1,500.00 $1,500.00 0.096
Photograph ,Booking
Standard
Digital image
$20.00 $20.00
$10.00 $10.00
Police Officer Supplemental Employment
Per hour - Minimum charge is three hours $60.00 $65.00
Radio Service
Radio maintenance -mobile radio Monthly $6.00 $6.00
Annual $78.00 $78.00
Radio maintenance - portable radio Monthly $6.00 $6.00
Annual $72.00 $72.00
Radio maintenance - telemetry radio Monthly $5.00 $5.00
Annual $60.00 $60.00
Radio maintenance - telemetry interface Monthly $5.00 $5.00
Annual $60.00 $60.00
Labor charges -installation Regular hours $50.00 $50.00
Nights / Weekends $75.00 $75.00
Labor charges - non-included services Regular hours $50.00 $50.00
Nights / Weekends $75.00 $75.00
Reports
Resident Free to residents $-$-
Non-resident First two pages $3.00 $3.00
Additional pages $0.25 $0.25
Transcribe, Audio Tape
Per hour - Minimum charge is one hour $25.00 $25.00
BUILDING INSPECTIONS
Fire Alarm & Non-Water Suppression
$1 to $2,000 $73.75 $84.75
$2,001 to $25,000 1st $2,000 plus $16.60 each add'1$1,000 or fraction thereof,to & including $25,000 $73.75 $84.75
$25,001 to $50,000 1st $25,000 plus $12.15 each add'i $1,000 or fraction thereof, to & including $50,000 $418.75 $466.55
$50,001 to $100,000 1st $50,000 plus $8 .50 each add'1$1,000 or fraction thereof, to & including $100,000 $690.00 $770.30
$100,001 to $500,000 1st $100,000 plus $6.80 each addl $1,000 or fraction thereof, to &including $500,000 $1,065.00 $1,195.30
$500,001 to $1,000,000 1st $500,000 plus $5.60 each add1$1,000 or fraction thereof, to & including $1,000,000 $3,425.00 $3,915.30
$1,000,001 &up 1st $1,000,000 plus $4.55 each addl $1,000 or fraction thereof $5,950.00 $6,715.30
Fir
Plan checking
e Prevention
Miscellaneous fees
65% of the building permit fee if valuation is greater than $2,000
Per Minnesota State Fire Code (See Attachment A for listing of fees)$80.00 $100.00
Fire Prevention Permits
Burning permits Per site.Limit 2 days per week $80.00 $80.00
Fireworks Plus standby firefighters at present hourly rate. Rates set by the State $25.00 $25.00
Fireworks sales
Flammable & combustible liquid tank removal
Maximum rate set by the State
Per tank Less than 1,000 gallons $80.00 $90.00
Per tank Greater than 1,000 gallons $160.00 $200.00
Grease vapor removal system cleaning Per cleaning $100.00 $100.00
LP gas, flammable & combustible liquid tank install Per tank $200.00 $225.00
LP gas tank (temporary beat)Per tank $75.00 $75.00
Special Hazard Permit-MUFC Article 4 Maximum of 3 per site $175.00 $175.00
Tents/canopy (Residential)Per tent $40.00 $40.00
Tents/canopy (Commercial)Per tent $80.00 $80.00
0.0%
0.096
8.3%
0.0%
0.096
0.096
0.096
0.096
0.096
0.096
0.096
0.096
0.0%
0.096
0.096
0.096
0.096
0.096
0.096
14.996
14.996
11.496
11.696
12.296
14.396
12.996
25.0%
0.0%
0.096
12.596
25.096
0.096
12.5%
0.0%
0.096
0.0%
0.096
Page 6 of 9
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008 %Change
07 to 08
Fire Sprinkler Systems
75 $84.75 14$73 9%$1 to $2,000 ..
$2,001 to $25,000 1st $2,000 plus $16.60 each add'I $1,000 or fraction thereof, to & including $25,000 $73.75 $84.75 14.9%
$25,001 to $50,000 1st $25,000 plus $12.15 each add1$1,000 or fraction thereof, to & including $50,000 $418.75 $466.55 11.4%
$50,001 to $100,000 1st $50,000 plus $8.50 each add'1$1,000 or fraction thereof, to & including $100,000 $690.00 $770.30 11.696
$100,001 to $500,000 1st $100,000 plus $6.80 each add'1$1,000 or fraction thereof, to & including $500,000 $1,065.00 $1,195.30 12.296
$500,001 to $1,000,000 1st $500,000 plus $5.60 each add'l $1,000 or fraction thereof, to & including $1,000,000 $3,425.00 $3,915.30 14.3%
$1,000,001 & up 1st $1,000,000 plus $4.55 each add'1$1,000 or fraction thereof $5,950.00 $6,715.30 12.9%
Plan Check Fee 6596 of the fire-alarm /suppression permit fee if the job value is greater than $2,000
Heating & Ventilating - Job Valuation
00 $30.00 0$30 0%0 to $1,000 ..
$1,001 to $10,000 1st $1,000 plus $1.80 for each add'I $100 or fraction thereof, to and including $10,000 $30.00 $30.00 0.0%
$10,001 to $50,000 1st $10,000 plus $14.90 for each add'1$1,000 or fraction thereof, to and including $50,000 $183.00 $192.00 4.996
$50,001 and up 1st $50,000 plus $12.00 for each additional $1,000 or fraction thereof $745.00 $788.00 5.896
Heating & Ventilating - Other
Gas piping Each opening $10.00 $10.00 0.096
00 $50 00 0$50 096Reinspection
Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)
Moving a Building
Moving a building $1,000 deposit each from the owners of the building and building mover
...
$250.00 $250.00 0.096
Moving a garage only $1,000 deposit each from the owners of the building and building mover $50.00 $50.00 0.096
Plumbing - Job Valuation
Residential appliance only - 5% labor cost Minimum $15.00 $15.00 0.096
$0-$11000 Minimum $30.00 $30.00 0.096
$1,001- $10,000 1st $1,000 plus 2.5% for amount over $1,000 to & including $10,000 $30.00 $30.00 0.096
$10,001 & up 1st $10,000 plus 2% for amount over $10,000 $250.50 $255.00 1.896
For each openings on gas $10.00 $10.00 0.096
inside change over - sewer, water or both $15.00 $15.00 0.0%
Meter inspection $15.00 $15.00 0.096
Municipal sewer per 100 feet $20.00 $20.00 0.096
Municipal water per 100 feet $20.00 $20.00 0.096
Storm sewer & sub soil drains per 100 feet $20.00 $20.00 0.096
Sewage disposal $150.00 $150.00 0.096
Plumbing -Other Inspections & Fees
Reinspection fee Each $50.00 $50.00 0.096
Investigation fee - all work started without a permit Equal to the amount of permit fee
Rental Licenses Fees for a single rental dwelling
or $50.00 for the 1st unit in a complex + $9.00 for each additional rental unit
Septic System Pumping
20.00 20.00 .096
System Access Charges - Utility Charges
For Metro sanitary sewer as established by the Metropolitan Waste Commission
System Access Charges - Utility Charges Sanitary Sewer
Residential Per R.E.C.520.00 520.00 .096
industrial, public, office Per Metro SAC 895.00 $920.00 2.8%
Commercial Per Metro SAC 1,270.00 $1,300.00 2.496
System Access Charges - Utility Charges Water
Residential Per R.E.C.$2,190.00 $2,250.00 2.796
Industrial, public, office Per Metro SAC $2,830.00 $2,900.00 2.596
Commercial Per Metro SAC $3,470.00 $3,500.00 0.996
Water/Sewer Connection
A connection fee of $15,977 per single unit is applicable if the property has not participated $15,512.00 $ 15,977.00 3.0%
in the cost of the utilities by other methods.
Page 7 of 9
2008 Fee Resolution - Comparison to 2007
Service Description 2007 2008 %Change
07 to 08
OTHER
"" Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer
Engine company Per hour $150.00 $150.00 0.096
Ladder company Per hour $200.00 $200.00 0.0%
Rescue, grass rig, or rescue boat Per hour $100.00 $100.00 0.096
Specialized Personnel Chief Officer, Investigator Per hour $50.00 $50.00 0.0%
Tools/supplies used At cost $-$-0.096
Firefighter supplemental employment Per 3 hour block - Minimum charge of three hours $35.00 $35.00 0.0%
ENGINEERING
Permit for Right-of-Way Excavations
Mainline utility and telecommunication installations Per/100 L.F $19.00 $19.50 2.6%
Repair or service excavation Turf area $26.00 $27.00 3.8%
Pavement area $63.00 $65.00 3.296
Residential driveway $26.00 $27.00 3.896
Commercial driveway $63.00 $65.00 3.2%
All other excavations Turf area $26.00 $27.00 3.8%
Pavement area $63.00 $65.00 3.296
Special Assessment Searches
""No charge for Eden Prairie residents on searches of their homesteaded property
Non-resident Per parcel 17.50 $18.00 2.9%
Street Signs
9 button delineator-red Includes post & install $108.00 $111.00 2.896
Includes breakaway post & install $130.00 $130.00 0.096
Future road extension advisory Includes 2 posts & install - 36" x 30"$250.00 $250.00 0.096
Keep right symbol Includes 9 button delin-yellow, no post $130.00 $134.00 3.196
Includes 9 button delin-yellow, install, post $154.00 $159.00 3.296
Includes 9 button delin-yellow, install & breakaway post $179.00 $184.00 2.8%
No outlet Includes post &install - 24" x 24"$118.00 $121.00 2.5%
No parking Includes post &install -Used for Turn-Around $135.00 $139.00 3.096
Stop sign Includes brackets,install, no post - 30" x 30"$130.00 $134.00 3.1%
Includes brackets, install, with post - 30" x 30"$154.00 $159.00 3.296
Street name sign Includes install with 12' post - 6" x 6"$214.00 $220.00 2.896
Includes install with 12' post - 6" x 9"$239.00 $246.00 2.996
Includes install with 12' post - 9"x 9"$257.00 $265.00 3.196
Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place $150.00 $154.00 2.796
Weight Restrictions
Truck overweight permit fee Per trip $34.00 $35.00 2.996
ENGINEERING DEVELOPMENT SERVICM
Street Lighting Fee
For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat $-$-0.096
UTILITIES
Fire Hydrant Use / Meter for Construction and Irrigation
Permit $30.00 $35.00 16.7%
Fire hydrant damage deposit Applied to the final bill $200.00 $250.00 25.096
3" meter deposit Refundable $400.00 $500.00 25.0%
All other meter deposits Refundable $100.00 $200.00 100.0%
Lawn Irrigation Restrictions
"" Surcharges for non-compliance with lawn irrigation restrictions and prohibitions
First occurrence $25.00 $25.00 0.0%
Second occurrence $50.00 $50.00 0.096
Third occurrence $100.00 $100.00 0.096
Fourth occurrence $200.00 $200.00 0.096
Fifth & subsequent occurrences within a two $300.00 $300.00 0.096
year period
New Construction Cull Form Bacteria Resampling
T & M - Based on actual laboratory costs, employee time and utility truck rental rates.
These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures.
New Construction Mechanical Reinspections
T & M - Directed at projects that require multiple visits to complete initial inspection .Same criteria as coli form resampling
Page 8 of 9
2008 Fee Resolution -Comparison to 2007
Service
Storm Drainage Land Use Quarterly Fee
Single-family homes
Multi-family/apartments
Industrial
Commercial /office
Institutions
Airport/landfill
Parks /open space /golf course
Undeveloped land
Description
Each
Acre
Acre
Acre
Acre
Acre
Acre
Each
User Charges
Penalty for billed charges :1% per month on account not paid within 30 days of billing
A residential equivalent connection (RE.C.) is one dwelling unit
The minimum monthly use charge for uses other than residential shall be the same as 1 RE.C
Sanitary sewer
Water
Fixed charges
Unmetered residential sewer only
Administrative fee
Water conservation surcharge
Water flow test for 5 /8" meters
Water service turn on/off
Water softening &filtering
Per 1,000 gallons - Subject to minimum of 4,000 gallons per quarter per R .E.C.
Per 1,000 gallons -Subject to minimum of 4,000 gallons per quarter per E.E .C.
Per quarter
Each E.E .C. will be billed : $6.25 fixed charge for water and $6 .25 fixed charge for sewer
Fixed charges are billed on the greater of the number of E.E .C: s on connections
use charges $31 per quarter per E.E .C. plus a $6 .25 fixed charge
Flat charge is added to the current balance due to obtain the total certified amount
Residential customers are subject to water conservation surcharge of $1.00 per 1.000 gallons
for usage exceeding 150% of winter quarter use or 36,000 gallons per quarter, whichever is
greater, not to exceed $100.00.
When consumption is challenged by a customer &the meter is accurate
After initial turn on, any non-emergency on/offrequest by a commercial lending institution ,
government agency (HUD), or private property management service
No fee -State license required
Page 9 of 9
2007 2008 %Change
07 to 08
$3.00 $3 .00 0.0%
$29.70 $29 .70 0.096
$29.70 $29.70 0.0%
$38.07 $38 .07 0.096
$33.66 $33 .66 0.096
$7.38 $7.38 0.0%
$4.14 $4.14 0.0%
$10.00 $10 .00 0.0%
$1.95 $2 .00 2.696
$1.55 $1 .65 6.596
$12.50 $12.50 0.0%
$30.00 $31.00 3.396
$40.00 $40 .00 0.096
$25.00 $30.00 20.096
$25.00 $30.00 20.0%
0.096
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
December 3, 2007
DEPARTMENT /DIVISION:ITEM DESCRIPTION :ITEM NO.: VIII.H.
Rick Wahlen Approve Professional Engineering
Public Works/Utilities Services Agreement from Advanced
Engineering & Environmental Services
for Well # 16 Design and Construction
Mana ement
Requested Action
Move to:Approve Professional Engineering Services Agreement from Advanced
Engineering & Environmental Services (AE2S) for Well No. 16 and Transmission
Line Design and Construction, in the amount of $122,200.
Synopsis
The purpose of the engineering agreement with Advanced Engineering and Environmental Services
(AE2S)is to design and manage the construction of a new well required to meet our growing city's
water demand and the necessary utility connections ,controls ,and support infrastructure to connect
this well to the Eden Prairie water system. AE2S will provide the scope of professional services
outlined in the attached Proposal ,and will serve as the city's agent at ensuring the well meets all
necessary regulatory and statutory requirements for a public water supply well.
Background Information
Eden Prairie's summer water demand exceeds its current well field capacity during peak days,
and with continued growth, it will become increasingly more difficult to provide all the water
that the community requires without expanding our water supply. Increased community water
conservation steps will be necessary to obtain approval for additional wells in the future,
however, we are currently authorized by the Minnesota Department of Natural Resources to
construct one additional municipal well in 2008.
The well will be emplaced at Pheasant Woods Park, and the preliminary plan is to design the
well collector line to enable the future connection of a second well also sited within the park
property. Staff will be examining the impacts of this plan on adjacent properties before a final
site location decision is made.We know that a second well is required to meet future population
growth expectations, and by selecting two well sites at Pheasant Woods Park, we can economize
on construction costs to minimize the total expense of expanding our well field.
Funds for this project are available and will be paid from the water utility construction fund.
Attachment
•Standard Agreement for Professional Services from AE2S
•Proposal for Professional Engineering Services from AE2S
rc:v. 7/143107
Standard Agreement for Professional Services
I-
This Agreement is made on the 20"' day of November, 2007, between the City of Eden Prairie,
Minnesota (hereinafter "City'), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Advanced Engineering and Environmental Services ,Inc., (AE2S )a North Dakota
Corporation (hereinafter "Consultant") whose business address is 6901 East Fish Lake Rd, Suite 184,
Maple Grove, MN 55369
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 the
design and construction of Well No.16 and Transmission Line hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1.Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2.Term. The term of this Agreement shall be from November 20, 2007 through, October 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.
3.Compensation for Services.City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 122,200 for the services as described in Exhibit A.
A.Any changes in the scope of the work which may result in an increase to 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.
1
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.If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes ,riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City,the time for performance shall be
extended by a period of time lost by reason of the delay-Consultant will be entitled to
payment for its reasonable additional charges ,if any, due to the delay.
4.City Information .The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
b,
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 or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work 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_
Method of Payment .The Consultant shall submit to the City,on a monthly basis, an itemized
invoice for professional services performed under this Agreement .Invoices submitted shall be
paid in the same manner as other claims made to the City for:
2
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 statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City.Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
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 prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C.Payments for Special Consultants .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.
D.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."
6.Project Manager and Staffing. The Consultant has designated Jason Benson to serve on the
Project.They shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Consultant may not
remove or replace these designated staff from the Project without the approval of the City.
7.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 soivicos of the like kind.
8,Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and rocords as are pertinent to all services provided
under this Agreement and are subject to examination by the City and either the Legislative
Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
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
3
any individual or organization without the City's prior written approval. The Consultant shall at all
times abide by Minn. Stat. 13.01 at seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the possession of the Consultant.
9.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.
10,Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City.The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor.A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11.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.
12.Non-D iscrimination .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
4
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.
13.Assignment.Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14.Services Not Provided For.No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15.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.
16.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.
17.Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by 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.
1€3.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.
19.Indemnification .Consultant agrees to defend , indemnify and hold the City,its officers, and
employees harmless from any liability, c laims, damages ,costs, judgments ,or expenses,
5
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.
20.Insurance.
A.General Liability.Prior to starting the Work, Consultant shall procure ,maintain and pay
for such insurance as will protect against claims for bodily injury or death ,or for damage
to property ,including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable .Such insurance shall include ,but not be limited to, minimum
coverage 's and limits of liability specified in Paragraph 20 B. below, or required by law.
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. 19.
B.Consultant shall procure and maintain the following minimum insurance coverage's and
limits of liability on this Project:
(List specific site on each certificate)
Worker 's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial Liability $1 ,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products -Completed Operations Aggregate
$100,000 fire legal liability each Occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit
6
Umbrella or Excess Liability $2,000,000
C.Professional Liability.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 a negligent act, error or omission of the insured or any person
or organization for which the insured is legally liable.Said policy shall provide an
aggregate limit of $2,000,000-
D.The Commercial General Liability policy shall be endorsed to have the General Aggregate
apply to this Project only.
E.Consultant shall maintain in effect all insurance coverage's required under this Article at
Consultant's sole expense and with insurance companies licensed to do business in the
state in Minnesota and having a current A.M. Best rating of no less than A-, unless
specifically accepted by City in writing.
F.The policy or endorsement shall contain a provision that coverage's afforded there under
shall not be canceled or non-renewed or restrictive modifications added, without thirty
(30) days prior written notice to Owner. 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 filed with City prior to the start of Consultant 's Work .Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements.Renewal
certificates shall be provided to City not less than ten (10) days prior to the expiration
date of any of the required policies. City will not be obligated, however, to review such
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall not
relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
7
21.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, but Consultant may retain copies of such documents as records of the services
provided .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.
22.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.
23.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24.Conflicts .No salaried officer or employee of the City and no member of the Board of the City
shall have a financial i nterest ,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.
25_Counterparts .This Agreement may be executed in multiple counterparts each of which shall
be considered an original.
Executed as of the day and year first written above,
8
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
AE2S
By:
Its:i^,EsJ^ C/y^
9
Nov.27. 2007 2:31AM
WwW. ee.'2•s. CORM
November 20, 2007
Mr, Rick Wahlen
Manager of Util ity Operations
City of Eden Prairie
14100 Technology Drive
'Eden Prairie ;MN 55344-2230
.RE:Proposal for Professional Engineering Services
Well No ..1.6 and Transmission Line Design and Construction
Dear Rick:
No. 1719 P.1
Exhibit A
Advanced Engineering and Environmentai Services, Inc. (AE28) is pleased to submit this letter
proposal to the City of Eden Prairie for professional engineering services for the design and
construction. of Well No. 16 and the transmission line. Our understanding of-the project and our
proposed scope of Aervices: and associated fee are presented. below,
PROJECT UNDERSTANDING
The purpose of this project is to complete design and construction of a new-well and well house
.for the City .of Eden Prairie. The City has'identified Pheasant Woods park as the site for 'hew
Well No.1-6. The-site is located approximately 2,500 feet south of existing Well No. 12. The
City .has Indicated that they would prefer not to complete a test Well prior to construction of new
Well No. 1.6. The existing geology will be referenced for the new well from existing wells in the'
south well field located. north of the proposed site. The following is a brief description of the
project components.
•Well No. 16
o Duaf reverse rotary or cable tool. option.
o Schedule and construction cost in consideration of award.
Well Pump
o Submersible well pump.
o Column pipe.
o :Pitless adaptor unit and housing,
o Submersible transducer and conduit:
•Vault
o Well discharge piping from pitless unit to vault and from vault to transmission line
connection.
o Check valve,. flow meter; and isolation valve.
o Sump pump and heater..::;
o 240/480V electrical provisions.
o msuiatea.
(ring ,and Enviiro :nmental Servicer., Inc.
•Water Town Piece business Center • Maple Grove, MN 55368-5457
Nov. 27, 2007 2:31AM No. 1719 P.2
RE:Proposal for Professional Engineering Services
Well No .16 and Transmission Line Design and Construction
November 20, 2007
Exhibit A Page 2 bf 8
Electrical
o Power to site and transformer.
o Electrical .conduit and wiring.
o Standby generator and automatic transfer switch,
o VFD for well pump.
o Control panel and SCADA.
o Vault electrical.
•Transmission Line
o Connection to existing well transmission line near existing Well No. 1.2 (isolation
valve .required for testing).
o New well transmission line from existing line near Well No. 12 to well site at
Pheasant Woods park (:2;500 to 3.,000 feet )In right-of-way along west side of
Mitchell Rd.
o Connection to well discharge piping near proposed 'w! house for Well No. 16.
o Open cut construction likely in Mitchell Road right-of-way along park.frontage and
at city property'north of Scenic Heights Drive.
o Jacking /bori' ng :requir..d ;at Scenic Heights Drive and Tamarack .Trail crossings.
.o.Directional drilling will be considered in lieu of open cut construction' and
jacking /.boring.
Site Work
o Entrance road.
o Concrete pad 'for generator.
o Sidewalks and other site work improvements.
o Site grading and turf establishment:
o Removal ;and replacement of existing site features as required.
AE2S SCOPE OF -SERVICES
Task #1 --Project Administration and Control This task-will,span the duration of all design
and construction activities.
n Prolect Management .Administration ,and Coordination :The Project Manager will
monitor progress and schedule on the project: and will facilitate coordination of all design
and construction .components .The Project Manager will oversee invoicing and progress
reporting throughout the duration of the project.
n Pro ress Re orts: The Project Manager will prepare bi-weekly ,project progress emails.
to summarize what was accomplished during the 'previous two weeks, what will be
accomplished in the next two weeks ,scope changes, budget status ,schedule status,
input needed from the City .and any other pertinent items.
=Quality Control :AE2S will provide an internal review of the work .This quality control
review will include checks for completeness and correctness of evaluations ,design, and
feasibility of implementation of recommendations.
Task #2 -- Preliminary Design
AN Provide assistance in obtaining a Conditional Use Permit from the City of Eden Prairie,
Minnesota, if required.
KAChy of Eden Pruirie1999'Piopo2ale \Proposal Le tGr WLII16 -11607notullding.doe
Nov. 27.2007 2:31AM No, 1719 P.3
RI_:Proposal for Professional Engineering Services
'Well No.16 and Transrnlsslon Line Design and Construction
November 20, 2007
Exhibit A Page 3 of 8
n Meet at the well site with Minnesota Department. of 'Health (MDH) personnel for
preliminary approval of well set-back distances.
n Assist City in obtaining necessary soils information.
n Provide topographical survey of well and well house site. Survey will include general
location of existing utilities based upon gopher-:one-call utility.locate_
Prepare a preliminary set of drawings that include General, Civil, Architectural, and.
Process drawings, Drawings will be sufficiently detailed :to understand project, but will
lack, details required of construction.
n Prepare a preliminary list of specifications that cover the .project. Specifications 'will
follow Construction Specifications lnstituta (CSI) format and 'include the. City of Eden
Prairie standard general conditions and contract forms,.
n Review with City.preferred manufacturers and suppliers for major equipment items.
n Review preliminary drawings and specifications with City personnel and make changes
as required.
Prepare preliminary opinion of'probable-construction cost:
n Review the preliminary opinion of 'probable construction cost with City personnel and
evaluate ways to save project costs prior'to final design, if desired.
Task #3 ' Final Design
•Prepare final construction drawings and specifications based upon final/modified
preliminary design documents. Final set of drawings and specifications shall include
General; Civil,, Architectural, Structural, Process, Electrical and Mechanical drawings.
n Review final construction drawings and specifications with City personnel.
•Update the preliminary opinion, of 'probable-cost to reflect specified equipment, structural
components, and any modifications made during final design.
n Review final opinion 'of probable construction cost with City personnel.
•Submit 'two (2) copies of the final construction drawings and specifications to the
'Minnesota'Department-of Health (MDH) for review.. Respond to questions and
comments from the MDH and receive approval for the drawings and .specifications.
n Assist'City in consultations 'with governmental agencies.
Task #4 -Bidding
Print construction drawings and specifications (Bidding' Documents).
n Distribute Bidding Documents to.prospective bidders.
n Maintain bidders list.
Respond to bidder questions.
n issue addenda to bidding documents, if required.
n Organize, coordinate, and jointly lead and attend pre-bid conference.
R
IC\City.af Eden Praide4999 Pmposalsll'mposat Lever Wrell I4 -T 10$07nb.bailding.doa
Nov. 27, 2007 2:31AM No , 1719 P.4
RE:Proposal for Professional Engineering Services
Well No.16 and Transmission Line Design and Construction
November 20, 2007
Exhibit A. Page' 4 of 8
•Attend bid opening, and prepare bid tabulation sheets.
•Evaluate bids,
•Assess proposed substitute materials and equipment.
Task #5 -Construction
•Organize, coordinate; and jointly lead pre -construction conference and'regular monthly
progress meetings during construction.Provide and distribute meeting minutes.
•Assist the City in procuring testing services as defined in the Contract- Documents.
n Provide one time construction staking for:: the well houselvauli.
•Provide one time construction.staking for the, well.
•Review Contractor submiftals (shop drawings) for products and equipment.
•Issue contract document clarifications as required.
•Process contract-change order requests, If required.
Review contractor-submitted construction progress schedules.
•Process contractor pay requests.
•Provide ,periodic construction observation by design team members during construction
of the well house.
•Provide substantial completion inspection and punch list for Contractor-and issue
certificate of substantial completion when :appropriate for well construction and well
house construction.
•Provide final completion inspection and 'punch list for Contractor.
Review final submittal from Contractor with respect to conformance' with the contract
documents for well construction and well house. construction.
1 Process final pay requests and project.close-outs for well construction. and well house
construction.
Provide record drawings based :upon Contractor's mark-up and field observation.
Task #6'- SCADA and Database Programming
n Provide PLC programming (equipment to be provided and installed by Contractor).
•Provide HM1 programming at water treatment facility to Include Well No, 16 information
consistent with existing wells,
n Provide database programming at the water treatment facility to include Well No. 16
information consistent with existing wells.
•Provide start-up services.
AE2S
K;iCi y ofEden PreIrW999 Proposals\Propop1 I,cIIcr Wc1116 -1103Q7nobuildjng.doe
Nov. 27.2007 2:31AM No, 1719
RE:Proposal for Professional Engineering Services
Well No .16 and Transmission Line Design and Construction
November 20, 2007
Exhibit A Page 5 of 8
CITY OF EDEN PRAIRIE RESPONSIBILITIES
In order to complete our tasks, we will need the City to provide. the following:
•Provide designated project contact person. This person's role and responsibilities will be
to 'provide answers to specific project questions, provide requested information and
make decisions regarding project direction during course of the project.
•Provide as-built drawings 'for existing utilities at proposed well site.
•Provide as-built. drawings for existing utilities from proposed well site along Mitchell Road
to connection point near' Well No. 12.
•Provide answers to :specific project questions , provide requested information and make
decisions regarding project direction during the course of the project.
•Provide interface and authorization from state agencies, such as'the Department of
Natural Resources (DNR), Department of-Health (MDH), and Minnesota Pollution
Control Agency (MPCA) with respect to the ability, tto construct and operate the proposed
wells in the proposed locations.
•Amend the City's Water Appropriation Permit.
•Provide necessary easements and easement information, if required.
•Provide additional solis information that may be necessary.We believe two soil borings
Will be required in the area of the proposed well ho use.)
•Provide review, comments, and approval of preliminary and'final design document
submittals.
•Attend pre-bid meeting and administer bid opening.
•Attend pre-construction conference and' construction progress meetings.
•Provide. daily construction :observation services and keep a log of construction activity at
the 'construction site.
Procure necessary testing 'services as defined by Contract Documents.
PROPOSAL ASSUMPTIONS
The-tasks and estimated fees presented in this proposal are based upon the, following
assumptions:
Work will be completed within the City's property, right-of-way, or on easements
provided by the City.
•This proposal does not include amending the City's Water Appropriation Permit.
•.A test well will not be done prior to drilling Well No. 16 as requested by the City. Existing
City wells will be used for reference.
} \Cihy of Eden Prairie'999 Pmporala\Proposal'Leller Well L6. I 10907ndlruildir a.4o'
Nov. 27, 2007 2:31AM No. 1719
RE:Proposal for Professional Engineering Services
Well No .16 and Transmission Line Design and Construction
November 20, 2007
Exhibit A Page 6 of 8
•Site conditions are adequate.for use of a drainage manhole for floor drains within the
new well house for Well No. 16.
•There will be a vault, control panel, and/or prefabrlcated-.building for the piping and
equipment.
•The well and vault Will not include facilities for disinfection, fluoridation., and
polyphosphate addition.
•Standby power for the new well and Vault' will be required,a single outdoor self
contained, engine generator located 'adjacent to the well house/vault will be provided to
serve new Well No, M. The feasibility of providing a single generator for two wells will
be considered during design.
•The feasibility of utilizing °the well as an emergency well will be considered during design'
and provisions will be provided if it. is determined feasible.
•An operation and "m-aintenance manual,beyond the information contained ;in -Contractor-
supplied shop drawings, is not, included in the project.
The SCADA equipment. Will be furnished by the Contractor and AE2S will perform the
programming.
•Periodic field construction observation by project design team members for construction
of the Well'for Well No , 16 assumes periodic' site visits and performance testing of not
more than 70 hours total.
is,Periodic field construction observation by.project design team members.for construction
of -the Vault, discharge piping, and electrical for'Well No. 1.6 assumes periodic site Visits
'of not more than:24 hours total.
Periodic field construction .observation. by project design team members for'construction
of the transmission line for Well .No. 16 assumes periodic site visits of not more than 12
hours total.
•A single .set of drawings and specifications will be provided for the well, vault, discharge
piping, electrical,and transmission line but three prime contracts will be awarded. One
prime contract will be awarded for the well construction. A second prime contract will be
awarded-for the vault, discharge piping,and electrical .A third prime contract will be
awarded for the transmission line.
•Potential bidders will. be charged a fee for each copy of the bidding documents. AE2S
Will retain this fee,
•The City will contract directly with St. Croix Environmental for groundwater modeling,
preliminary wellhead protection area delineation , and update to the wellhead protection
plan.AE2S will incorporate appropriate modeling and wellhead protection data prepared
by St. Croix Environmental with submittal of plans and specifications to the MDH_
•.AE2S will provide overall project management and administration during construction
and will .provide primary correspondence'with'the, Contractor.
Q^o0 10 AE2S
iLxity ofEdcn vmwa%999 Proposois\Proposal LeHer 'Nc1116 - I ►A5O7nobui1diii .d,o
Nov.27.2007 2:32AM No.1719
RE:Proposal for Professional Engineering Services
Well No.16'and Transmission Line Design and Construction
'November 20, 2007
Exhibit A Page 7 of B
ADDITIONAL SERVICES
At the request of the City,we shall provide the following construction or.post'construction phase
.services ,a s an additional service.
•Provide additional construction observation beyond time allotted "for periodic site visits by
design team members.
•Provide assistance in refining 'or adjusting project equipment and systems including,
programming adjustments..
•Provide training for operation and maintenance of equipment .and systems.
•Provide assistance in developing .procedures .for record keeping for the project.
Visit the project to observe any apparent defects in the completed 'work and assist the
City in working with the Contractor to correct defects ,if any.
•Along with. City staff, perform an end .of .correction period Warranty inspection of the
project in 'the 111' month followin g final. completion of the project to 'determine if Items of'
construction are subject to correction.
SCHEDUL
The following :is a projected project schedule for the completion of design, bidding, and
construction phase services'based upon project approval by December 3, 2007. The
completion of construction assumes dual reverse rotary drilling method, add three (3) to four (4)
months. to. substantial and final completion with the cable tool drilling method.
Deliverable Date
Preliminary Design January 21`, 200'8
Final Design February 28, 2008
Bidding April 22, 2008
Substantial Completion August 15, 2008
Final Completion September 15,200-8
ENGINEERING FEES
We propose to perform the defined tasks on an hourly basis with a not-to .exceed fee of
$122,200; which includes approximately $68.,900 for the well, vault, and' electrical design and
construction, $39.;500 for the transmission line design and construction, and $13,800 for SCADA
and database programming after construction,We will bill at our customary hourly rates (see
attached fee schedule).
AE5
K:1CAy ofEdcn Praldc'999 PropasaIsU'roposaI tcikr Well16 -1I0507nobuilditre,ddo
Nov, 27.2007 2:32AM
Rick Wahien
From :Sandy Grassy
Sent :Wednesday, November 14, 2007 12:49 PM
To:Rick Wahlen
Subject :Council items
No. 1719 P.8
Page 1 of 1
Hi Rick,
The file path to use for Lorene /Kitty to access Council items is:
K drive: Administration /Agenda Preparation / City Council Agenda Packet Items / 2007 / 11-13 folder (or
whatever date you need ) / Public Works,Just paste your items in this folder.
The filepath to use for Engineering site (if you have "permission" to do so):
G drive: Engineering / Council / Council 2007 / 11-13 (or whatever date you need). At this point you would create
a new folder, name it and paste your items into it. As I said earlier, you could just send your items to me and I
will post them in our Engineering Council folder when I return.
Hopefully, you won't have to go through all this hassle (if you have your items soon enough), but knowing the
above might come in handy in the future,
Happy Turkey Day!
11/21/2007
Nov. 27. 2007 2:32AM
RE:Proposal for Professional Engineering Services
Well No .16 and Transmission Line Design and Construction
November 20, 20:07
No. 1719 P.9
EXhibit A Page 8 of 8
Task Well Nor 16 Transmission
Line Total
Project Administration .and'$3,300 $2,500 $5,800Control
Preliminary Design $17,600 $10,.500 $28, 100
Final Design $21,200 $13,500 $34,700
Bidding $3,900 $3,000 $6,900
Construction $22;900 $1.0,000 $32,900
Total Design, Bidding ,$68,900 $39,500 $108,400and Construction
SCADA and Database $13800 -$13,.800Programming
Total $82,700 $39 ,500 $122,200
AGREEMENT
We ptcpose to provide the above professional engineering services in accordance with the
attached Standard'Agreament for Professional Services .between AE2S and the City of Eden
Prairie. If this proposal is acceptable to you please have the City block of the agreement signed
and return a copy to. AE2S_ Receipt of an executed copy will be our authorization to proceed.
W. thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have
any questions or comments ple ase.feel free to call us at (763) 463-5036.
Sincerely,
AEMS
Jason Benson, PE
Project Manager
F1 E^S
K:1611y of Eden Prairie \999 ProposalsU'roposcl Levier 1VeII16 • i l o507ndbBilding.doe
Nov 27. 2007 2:32AM No. 1719 P.10
ADVANCED ENGINEERING', AND ENVIRONMENTAL, SERVICES, INC.
2007 HOURLY FEE AND EXPENSE SCHEDULE
Labor Rates
Engineer I $80.00
Engineer ii $90.00
Engineer lit $105.00
Engineer IV $120.00
Engineer V $130.00
Engineer VI $140.00
Engineer VII $152.00
Project Manager $1:00.00
Technical Expert I $160.00
Technical Expert II $175.00
Technical Expert III Negotiable
I&C Technician I $76.00
I&C Technician II $86.00
I&C Technician .Ill $96.00
I&C Technician IV '$1'06.00
I&C'Technician V $118;00,
t&C'Technician VI $128.00
Land Surveyor I $68.00'
Land 'Surveyor II $78:00
Land Surveyor ill $90.00
Land Surveyor IV $100.00
Land Surveyor V $112.00
Land Surveyor VI $130.00
Engineering Technician I,$44.00
Engineering Technician iI $55.00
Engineering Technician 111 $67.00
Engineering Technician IV $78.00'
Englnesring 'Techhiciah V $68.00.
Engineering Technician VI .$102.00
Engineering Technician VII $122.00'
Marketing C onsultant $80.00
IT System Administrator .$110.00
CPA $115.00
.Senior Consultant $130.00
Financial Analyst I $65.00
Financial Analyst II $80,00
Financial Analyst. 1.11 $90.00
'Financial Analyst IV $105,00
Financial Analyst V $120.00'
.Administrative I '$4.0.00
Administrative II '$50.00
'Administrative III $60.00
Administrative IV $70.00
Administrative V $78.00
Relmbursahle Expense Rates
Transportation (4x4.)
Transportation (Auto)
Surve y Vehicle'
Ph'oto'copies
Plots -Color Bond
Plots - Monochrome Bond/Vellum
Plots - Film /Photo High Gloss
Digital Imaging
Laser Printouts
Color Laser Printouts/Copies
Fax.
Projector
Total Station
Total Station - Robotic
Pro-XR GPS
Fast Static/IRTK GPs
All Tefraln Vehicle/Boat'
Hydrant Pressure Recorders
Telemetry Radio
Pressure Recorder
Outside ,Servic0s*
OUt of Pocket Expenses'
Rental Car
$0:55/mile
$0.55/mile
$0.65/mile
$0.10/copy
$1.25/s.f.
$0,751s.f.
$2.00/s.f.
$10.00/day
$0.20/page
$0.95/page
$1.00/page
$25.00/hour
$10.00/hour
$35.00/hour
$15.00/hour
$50,00/hour
$100,00/day
$10.00/day.
$50;00/site
$5.00/day
cost'`1.05
cost*1.1'5
cost`1.20
Includes laboratory testing, architectural and
engineering consultants ,surveying, etc.
Includes toll telephone, shipping, postage,
subsistence,technical literature,,' equipment
rental, etc.
These .rates are subject to adjustment each year on
January 1
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 3, 2007
DEPARTMENT/DIVISION :ITEM DESCRIPTION :I.C. 07-5691 ITEM NO.: VIII.I.
Rod Rue Approve Change Order No. 1 for the
Public Works /Engineering Technology Drive Streetscape
Improvements
Requested Action
Move to:Approve Change Order No. 1 for the Technology Drive Streetscape Improvements,
in the amount of $5,162.00
Synopsis
This Change Order includes field modifications near the existing box culverts, soil amendment
changes in the planting beds, and plant material substitutions, due to limited availability.
Background Information
This project provided tree replacement, landscaping, streetscape features, and irrigation
improvements along Technology Drive.The Mitchell Road and Technology Drive project
(completed in 2006) included streetscape and landscape features. These features were removed
from that roadway project, redesigned, and then included in these streetscape improvements.
Attachments
0 Change Order No. 1
TECHNOLOGY DRIVE STREETSCAPE ENHANCEMENTS
Change Order No. 1
CHANGE ORDER NO.1
Project :TECHNOLOGY DRIVE STREETSCAPE ENHANCEMENTS
Eden Prairie ,Minnesota
City Project No. 07-5691
To:Hoffman & McNamara
You are hereby directed to make the changes noted below in the contract.
November 14, 2007
ADD the following costs to the contract :Unit Unit
Measured
Quantity Amount
Price
1.Biorolls LF $5.00 80 $400.00
2.Compost Soil Amendment for Planting Beds*CY $15.00 230 $3,450.00
3.Furnish and Install Mulch and Guardrails and CY $40.00 16 $640.00
bridge abutments
4.Furnish and Install Gateway Eupatorium #2 Cont.EACH $14.00 15 $210.00
(difference in cost for size substitution)
5.Furnish and Install Black-eyed Susan #2 Cont.EACH $14.00 33 $462.00
(difference in cost for size substitution)
TOTAL ADDITIONS $5,162.00
DELETE the following costs to the contract :Unit Unit
Measured
Quantity Amount
Price
TOTAL ADDITIONS $0.00
ORIGINAL CONTRACT AMOUNT $283,491.70
TOTAL ADDITIONS $5,162.00
TOTAL DELETIONS - $0.00
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $288,653.70
*This item was added in place of a quantity of 472.5 CY of Topsoil Borrow in the project. Consequently, a
reduction of 472.5 CY at $10/CY resulted in a reduction of $4,725 from the contract because of reduced
quantities.After addition of the change order amount of $3,450 for compost there is still a net reduction of
$1,257 to the contract.
TECHNOLOGY DRIVE STREETSCAPE ENHANCEMENTS
Change Order No. 1
THE ABOVE CHANGES ARE APPROVED:
SRF CONSULTING GROUP, INC.CITY OF EDEN PRAIRIE
By By
Project Landscape Architect City Manager
Date Date
THE ABOVE CHANGES ARE ACCEPTED:
HOFFMAN & McNAMARA CO.CITY OF EDEN PRAIRIE
By By
Mayor
Date Date
TECHNOLOGY DRIVE STREETSCAPE ENHANCEMENTS
Change Order No. 1
CHANGE ORDER NO. 1
Project:Technology Drive Streetscape Enhancements
Eden Prairie, Minnesota
SAP 181-010-016
City Project No. 05-563 8
ITEM DESCRIPTION OF CHANGES
1.Biorolls: bank stabilization and mulch placement required adjacent to Purgatory Creek bridge abutments.
Payment for this item was determined on negotiated unit prices.
2.Compost Soil Amendment for Planting Beds: Incorporation of compost with a spading machine was used
to prepare mass shrub and perennial planting beds*. Payment for this item was determined on negotiated
unit prices.
3.Furnish and Install Mulch at Guardrails and Bridge Abutments: The planting bed areas we expanded to
reach under guardrails to the back of curb at the Purgatory Creek bridge abutments. Payment for this item
was determined on negotiated unit prices.
4.Furnish and Install Gateway Eupatorium #2 Cont.: substitute #2 cont. in place of #1 container size
because of limited availability of #1 container. This is the difference in cost between the bid price for #1
Container ($16 each) and the installed #2 Container ($30.00) size. Payment for this item was determined
on negotiated unit prices.
5.Furnish and Install Black-eyed Susan #2 Cont.: substitute #2 container in place of #1 container size
because of limited availability of #1 container.This is the difference in cost between the bid price for #1
Container ($16 each) and the installed #2 Container ($30.00) size. Payment for this item was determined
on negotiated unit prices.
H. IProjects159731LAIDOCI ChangeOrder111 -14-07.doc
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 3, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :IC 06 -5685 ITEM NO.: VIII.J.
Al Gray Award Contract for Construction of
Public Works /Engineering Washington Avenue Lift Station to Park
Construction Co.
Requested Action
Move to:Award Contract for construction of the Washington Avenue Lift Station to Park
Construction Co., in the amount of $113,405.00
Synopsis
Sealed bids were received on Thursday, November 21, 2007 for the Washington Avenue Lift
Station construction project.Nine bids were received and were tabulated as shown on the Bid
summary (attached).The Engineer's Estimate for this project was $107,475. The low bidder,
Park Construction Co. came in 5% above the Engineer's Estimate with a bid of $113,405.
Background Information
The existing lift station is a factory-built package station placed in service over 30 years ago. It
is in poor condition and repair parts are unavailable. The station has been planned for
replacement and budgeted from utility funds.
Attachments
•Resolution
•HTPO recommendation letter
•HTPO Bid Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION ACCEPTING BID FOR WASHINGTON AVENUE
LIFT STATION CONSTRUCTION PROJECT
I.C. #06-5685
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 06-5685:Washington Avenue Lift Station
Nine 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:
Park Construction Company
as the lowest responsible bidder.
NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Park Construction Company in the name of the City of Eden Prairie, in the amount of
$113,405.00, 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 December 3, 2007.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta,City Clerk
1 'Engineering Surveying
Landscape Architecture
1 ^J
7510 Market Place Drive
Eden Prairie, MN 55344
952-829-0700
952-829-7806 fax
www.htpo.com
November 26, 2007
Mr. Alan Gray
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Construction Bids for Washington Avenue Lift Station
I.C. 06-5685
Dear Mr. Gray,
Bids were received and opened at 10:00 a.m. on Wednesday, November
21, 2007, for the above referenced project. The bids are shown on the
attached Summary of Bids.
The Engineer's Estimate for this project was $107,475. The low bidder,
Park Construction Co. came in 5% above the Engineer's Estimate with a
bid of $113,405.
Recommendation is made that the City Council awards I.C. 06-5685 to
Park Construction Co. in the amount of $113,405. This recommendation
considers that the City Council reserves the right to waive minor
irregularities and further reserves the right to award the contract in the
best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Laurie A. Johnson, P.E.
SUMMARY OF BIDS
City of Eden Prairie
I.C. 06-5685
DESCRIPTION:Washington Avenue Lift Station
BID OPENED:November 21, 2007
CONSULTING ENGINEER:Hansen Thorp Pellinen Olson, Inc.
CHECKED BY:Hansen Thorp Pellinen Olson, Inc.
Bidder Bid Security Total Bid
Park Construction Co.Yes $113,405.00
Veit Company Yes $123,300.00
Minger Construction, Inc.Yes $126,499.00
Geislinger and Sons, Inc.Yes $144,300.00
Engineering & Construction Innovations, Inc.Yes $150,250.00
Jay Bros., Inc.Yes $165,350.00
Penn Contracting, Inc.Yes $174,200.00
Landwehr Construction, Inc.Yes $185,820.00
Northdale Construction Co., Inc.Yes $189,131.81
The undersigned recommend the award of the contract to:
Park Construction Co.
as the lowest responsible bidder for this Improvement Contract.
Consulting Engineer City Engineer
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vacation 07-09 ITEM NO.: VIII.K.
Denise Christensen Vacation of All of the Drainage and
Utility Easement over Lots 1 through 3
Public Works / Engineering Inclusive, Block 1, The Point on Lake
Riley.
Requested Action
Move to:Adopt the resolution vacating the drainage and utility easement over Lots 1
through 3 Inclusive, Block 1, The Point on Lake Riley.
Synopsis
The Public Hearing for this vacation request was held on November 13, 2007. Action taken at
that time was to close the Public Hearing only, with the resolution to be adopted upon signing of
the Developers Agreement. The Developers Agreement has now been signed.
Background Information
The Drainage and Utility Easements were originally dedicated with The Point on Lake Riley
Addition.The lots will be replatted and new drainage and utility easements will be dedicated
with The Point on Lake Riley-Leu project.
Attachments
•Resolution
•Location Map
•Site Plan
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOTS 1
THROUGH 3 INCLUSIVE, BLOCK 1,THE POINTE ON LAKE RILEY
VACATION 07-09
WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as
follows:
All of the Drainage and Utility Easement lying over, under and across Lots 1 through 3
inclusive, Block 1, The Pointe on Lake Riley, according to the recorded plat thereof, Hennepin
County, Minnesota.
WHEREAS ,a Public Hearing was held on November 13, 2007, after due notice was given to affected
property owners and published in accordance with M. S.A. 412.851; and
WHERAS ,the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and
has no interest to the public, therefore, should be vacated.
NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council as follows:
1.Said Drainage and Utility Easement described as:
All of the Drainage and Utility Easement lying over, under and across Lots 1 through 3
inclusive, Block 1, The Pointe on Lake Riley, according to the recorded plat thereof,
Hennepin County, Minnesota.
is hereby vacated.
2.The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.
412.851.
ADOPTED by the Eden Prairie City Council on December 3, 2007.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
ST.MELLION
PL.
TURTLE
--o PT.
BEAR PATH
121
HKBERR
VAC 07-09
LOCATION MAP
EASEMENT VACATION EXHIBIT FOR
THE POINTE ON LAKE RILEY SECOND ADDITION
LEGAL DESCRIPTION OF PROPERTY
LOT 1, LOT 2, AND LOT 3, BLOCK 1, THE POINTE ON LAKE RILEY,HENNEPIN COUNTY, MINNESOTA ,TOGETHER WITH
AN UNDIVIDED 75% INTEREST IN OUTLOT A,THE POINT ON LAKE RILEY,HENNEPIN COUNTY,MINNESOTA.
LEGAL DESCRIPTION OF EASEMENTS TO BE VACATED
ALL EXISTING DRAINAGE AND UTILITY EASEMENTS ON LOT 1, LOT 2, AND LOT 3,BLOCK 1 ,THE POINTE ON LAKE RILEY,
HENNEPIN COUNTY ,MINNESOTA ,AS DEDICATED ON THE POINTE ON LAKE RILEY, HENNEPIN COUNTY,MINNESOTA.
DENOTES EXISTING DRAINAGE AND UTILITY
EASEMENTS TO BE VACATED.
DEVELOPER
JEFFREY AND KAREN LEU
11660 WILD HERON POINTE
EDEN PRAIRIE,MN 55347
952-941-1310
FEE OWNER
G&L LAND INVESTMENT
8659 GREAT WATERS ALCOVE
EDEN PRAIRIE, MN 55347
CONTACT: TIM GUILFOIL
612-963-2717
ENGINEER/SURVEYOR
KALLIO ENGINEERING INC.
10775 POPPITZ LN
CHASKA,MN 55318
CONTACT:CURT KAWO
952-448-5725
EXISTING PID/ADDRESS
LOT1
PID 1911622320011
9092 STEPHENS POINTE
LOT 2
PID 1911622320012
9100 STEPHENS POINTE
LQI 3
PID 1911622320013
9108 STEPHENS POINTE
BEARINGS BASED ON THE PLAT
OF THE POINTE ON LAKE RILEY
0 50 100
SCALE IN FEET
• Denotes Iron Pipe Found
o Denotes Iron Pipe Set
I
L.
LAKE R I L E Y -EDGE OF WETLAND
ORDINARY HIGH WATER ELEV. 865.3
WATER ELEVATION:AS OF SEPTEMBER 26, 2005, =865.36 FEET (N.G.V.D.-1929)
HIGHEST KNOWN WATER ELEVATION: 866.7 FEET (N.G.V.D.-1929) ACCORDING
TO RECORDS OF DEPT. OF NATURAL RESOURCES, STATE OF MINNESOTA.
BENCHMARK :TNH SW QUAD OUTLOT A AS SHOWN.
ELEVATION = 903.17 FEET (N.G.V.D.-1929)
I
KALLIO
Engineering
10775 Poppitz Lane
Chaska,MN 55318
P: 951-448-5725
F:952-400-8492
CITY COUNCIL AGENDA DATE:
December 3, 2007
SECTION: Consent Calendar
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.L.
George Esbensen
Fire Department Award Bid for 800 MHz Trunked Radio Sub-
System (Dispatch Consoles)
Requested Action
Move to: Approve purchase of an 800 MHz trunked radio subsystem from Motorola Inc. for the
agreed to price of $615,005.00.
Synopsis
Over the course of the past four years the city has been working on a transition plan to move to
the Regional Radio System (ARMER). Movement to this system will allow our city to operate
seamlessly in multi jurisdictional and multi-discipline emergency scenes.
Background
Money for this project was budgeted previously for use in the 2008 CIP process.
Attachment
Communications System Agreement
COMMUNICATIONS SYSTEM AGREEMENT
COMMUNICATIONS SYSTEM AGREEMENT
BY AND BETWEEN
MOTOROLA, INC.
AND
THE CITY OF EDEN PRAIRIE ,MINNESOTA
800 MHz Digital Trunked Radio Integrated Subsystem
Contract No. 07-13470/CR Page 1
COMMUNICATIONS SYSTEM AGREEMENT
Table of Contents
RECITALS: ..................................................................................................................................... 3
SECTION 1 EXHIBITS ............................................................................................................ 4
SECTION 2 DEFINITIONS ....................................................................................................5
SECTION 3 SCOPE OF AGREEMENT ................................................................................ 8
SECTION 4 PERFORMANCE SCHEDULE ......................................................................14
SECTION 5 PAYMENT SCHEDULE ..................................................................................16
SECTION 6 INSTALLATION AND SITE CONDITIONS ................................................ 17
SECTION 7 TRAINING ........................................................................................................ 21
SECTION 8 SYSTEM ACCEPTANCE ................................................................................ 21
SECTION 9 WARRANTY ..................................................................................................... 22
SECTION 10 FCC LICENSES AND AUTHORIZATIONS ................................................ 24
SECTION 11 DELAYS ............................................................................................................. 24
SECTION 12 DEFAULT ..........................................................................................................25
SECTION 13 INDEMNIFICATION, INSURANCE AND BONDS .....................................25
SECTION 14 DISPUTES ......................................................................................................... 30
SECTION 15 LIMITATION OF LIABILITY ....................................................................... 30
SECTION 16 SUBCONTRACTORS ...................................................................................... 31
SECTION 17 ACCOUNTING REQUIREMENTS AND AUDIT RIGHTS ....................... 32
SECTION 18 TERMINATION OF AGREEMENT .............................................................. 33
SECTION 19 GENERAL ......................................................................................................... 37
Contract No. 07-13470/CR Page 2
COMMUNICATIONS SYSTEM AGREEMENT
THIS AGREEMENT, made by and between the City of Eden Prairie, Minnesota
hereinafter referred to as "CITY or "Owner , and Motorola, Inc., by and through its Government
& Commercial Markets - Americas division, a corporation organized and existing under the laws
of the State of Delaware, and having its principal place of business at 1303 E. Algonquin Road,
Schaumburg, Illinois, 60196, hereinafter referred to as "MOTOROLA or "Motorola , establishes
the terms and conditions under which the Owner will purchase and Motorola will provide Owner
with a Subsystem (as defined below) pursuant to State of Minnesota Contract No. 421810. This
Subsystem will become part of the 800 MHz Trunked Radio System.
RECITALS:
1.WHEREAS, pursuant to its authority under Minnesota Statutes § 473.891 et seq.,
the Metropolitan Radio Board adopted a region-wide public safety radio system
communication plan for the Minneapolis-St. Paul metropolitan area; and
2.WHEREAS, the Metropolitan Radio Board ("MRB ), effective June 30, 2005,
assigned all of its rights and responsibilities in contracts pertaining to MRB operations, to
a joint powers organization knows as the Metropolitan Emergency Services Board
("MESB ), which consists of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott and Washington, and the city of Minneapolis; and
3.WHEREAS, the MESB, effective June 30, 2005,assumed all of the rights and
responsibilities of the MRB in said contracts; and
4.WHEREAS, the MRB ceased operations as of June 30, 2005, and the MESB is
carrying on many of the functions of the former MRB now as a regional radio board
pursuant to Minn. Stats. § 403.39; and
5.WHEREAS, the State of Minnesota has entered into Contract No. 421810 with
Motorola for construction of the region-wide public safety radio communication system
and the Hennepin County, City of Minneapolis and Metro Transit Data Subsystems
(hereinafter the "State Contract ); and
6.WHEREAS, Section 3.D. of the State Contract provides that political subdivisions,
such as the Owner, may purchase any of the products and services contained in the State
Contract for the design, construction, and integration of their subsystem through the use of
the State Contract; and
7.WHEREAS,Section 3 .D. of the State Contract requires that ,prior to issuance of a
purchase order ,the Owner and Motorola come to agreement on a system description,
equipment list, statement of work ,acceptance test plan, training plan and certain other
terms and conditions that will apply to the performance of the work by Motorola; and
Contract No. 07-13470/CR Page 3
COMMUNICATIONS SYSTEM AGREEMENT
8.WHEREAS, the MESS and the State of Minnesota have reviewed and approved
the Owner's Subsystem plan as required by all applicable laws, ordinances, regulations or
rules; and
9.WHEREAS, the Owner and Motorola wish to enter into a contract setting forth the
terms, conditions, technical requirements and work included for the City subsystem,
related end user equipment and additional optional purchases to be purchased through the
State Contract; and
10.WHEREAS, the State of Minnesota, through the Commissioner of Transportation
has already contracted with Motorola to build a regional 800 MHz digital trunked radio
system.
AGREEMENT
NOW, THEREFORE,in consideration of the mutual undertakings and agreements
hereinafter set forth,Owner and MOTOROLA agree as follows:
Section 1 EXHIBITS
The Exhibits below are hereby incorporated into and made a part of the Agreement. In
interpreting this Agreement and resolving any ambiguities, the main body of the
Agreement including subsequent amendments (with the most recent amendment having
precedence over earlier amendments) will take precedence over the Exhibits.
Exhibit A Motorola software license agreement ("Software License Agreement )
Exhibit B-1 System Description - Rev. 1, dated October 19, 2007
Exhibit B-2 Acceptance Test Plan, dated August 7, 2007
Exhibit B-3 Equipment List - Rev. 1, dated October 19, 2007
Exhibit B-4 Statement of Work - Rev. 2 (including Implementation Schedule), dated
November 7, 2007
Exhibit B-5 Motorola Point-By-Point Response to Supplemental Instructions Rev. 2
dated November 7, 2007
Exhibit C-1 First Year Service Description Warranty Support Services dated August 3,
2007
Exhibit C-2 Custom Warranty Statement of Work, dated August 3, 2007
Contract No. 07-13470/CR Page 4
COMMUNICATIONS SYSTEM AGREEMENT
Exhibit C-3 NICE Logging Recorder Support & Logistics Document, Dated August 8,
2007
Exhibit D Payment Schedule - Rev. 1, dated October 19, 2007
Exhibit E Training Plan - Rev. 1, dated October 19, 2007
Exhibit F Pricing - Rev. 2, dated November 7, 2007
Exhibit G Evidence of tax exemption for 800 MHz Radio Equipment - Minnesota
Section 2 DEFINITIONS
Capitalized terms used in this Agreement and not otherwise defined within the Agreement
have the following meanings:
"Agreement - The written agreement between Owner and Motorola covering the
furnishing of Equipment and Software and performing the services in connection
therewith.Other Contract Documents are attached to the Agreement and are made a part
thereof.The Agreement may also be referred to as the Contract or Contract Agreement.
"Backbone System - The Initial Network plus Subsystems that have been added to date to
the Initial Network.
"Change Order - A written order to Motorola signed to show the recommendation of the
Project Director and the authorization of the Owner, issued after execution of the Contract,
authorizing a change in the Work or an adjustment in the Contract Price or the
Implementation Schedule, within the general scope of the Contract Documents.To be
effective, a Change Order must be in writing and must be executed by an authorized
representative of both parties.
"Communications System or "System is the communications system described in the
Exhibit B documents, including the Equipment and Software described in the System
Description, Statement of Work, Acceptance Test Plan and Equipment List.
"Contract Documents - Consists of the Agreement, Owner provided forms which have
been executed, executed Performance and Payment Bonds (if any), other executed
documents (acknowledged in writing or signed by the Parties), and all modifications to any
of these documents after execution of the Agreement, together with Change Orders,
Amendments, Detailed Design Document, and Project Director's written minor changes or
corrections on or after the effective date of this Agreement
"Director - The term Director is interchangeable with the term Project Director.
"Effective Date - The date of the party last in time to execute the Agreement (the day of
Contract No. 07-13470/CR Page 5
COMMUNICATIONS SYSTEM AGREEMENT
each party executing the Agreement shall be inserted in the space provided near the
parties' execution blocks).
"Equipment is the hardware and other materials and equipment specified in the
Equipment List included in Exhibit B-3, or otherwise provided under this Agreement.
"Excusable Delay - Events beyond the reasonable control of a party including, but not
limited to acts of God, weather conditions, governmental action, bid protests, site
acquisition disputes, fire, strikes, riots, acts of war, or other events/conditions mutually
agreed to by the parties through the change order process.
"First Phase - The initial backbone of the 800 MHz, Digital, Trunked Radio System
which serves state and regional agencies. The First Phase does not include Subsystems.
"Goods - All tangible personal property required to be furnished under the Contract
Documents.
"Hop - The microwave path from one site to an adjacent site.
"Implementation Schedule - The agreed-upon master schedule which is part of the
Statement of Work, pursuant to which the parties will perform their respective duties under
this Agreement.
"Initial Network - the 800 MHz, Digital, Trunked Radio System for the Metropolitan
Minneapolis/St. Paul Region consisting of the First Phase, Hennepin County and City of
Minneapolis Subsystems, the Metro Transit Data Subsystem, and the Carver County
Subsystem.
"Loop - A collection of hops in tandem that is closed.
"Material Breach - Any unexcused non-performance of a substantial or significant duty of
a Party under this Agreement, including but not limited to failure to perform such duty
according to the Implementation Schedule excepting Excusable Delays.
"Metropolitan Radio Board -The Board established by Minnesota Statutes
Section 473.891 et seq. (1995) as a political subdivision of the State of Minnesota to adopt
and implement a plan for a region-wide public safety radio communication system, its
successors and assigns.
"Metropolitan Emergency Services Board - The successor to the Metropolitan Radio
Board ("MESB ).
"Modification - Consists of a written amendment or supplement to the Agreement signed
by both parties, a Change Order, a written interpretation issued by the Project Director or
Directors, as appropriate or a written order for a minor change in the work issued by the
Project Director or Directors, as appropriate.
Contract No. 07-13470/CR Page 6
COMMUNICATIONS SYSTEM AGREEMENT
"Motorola Software is software whose copyright is owned by Motorola.
"Non-Motorola Software is software whose copyright is owned by a third party other than
Motorola.
"Payment Bond - A form of security executed subsequent to contract execution that
guarantees the payments of debts to persons furnishing services or materials on account of
the Contract work, and the payment of certain other responsibilities of the Contractor. The
bond is provided by Motorola, at Owner's expense, within fifteen (15) calendar days of
Owner's written request for such bond.
"Performance Bond - A form of security executed subsequent to contract execution that
guarantees the proper performance of the Agreement. The bond is provided by Motorola,
at Owner's Expense, within fifteen (15) calendar days of Owner's written request for such
bond.
"Project - The undertaking to be performed by Motorola as provided in the Contract
Documents.
"Project Director -The person(s) designated by Owner to represent Owner on all
technical and contractual matters.The term Director is used as an alternative to Project
Director.
"Project Manager - A person designated by Motorola to manage the Project and to receive
official communications from the Project Director concerning the Work.
"Qualified Purchasers - Owner, any agency or department of the State of Minnesota, local
units of government, political subdivisions within the State of Minnesota, and private
entities providing hospital, emergency medical, or similar services under contract to
Owner or the Metropolitan Emergency Services Board, if such private service provider is
authorized by the Metropolitan Emergency Services Board to use the Backbone System.
"Software includes Motorola and Non-Motorola Software that may be furnished with the
Communications System.
"Subcontractor - Any party having a direct contract with Motorola or with another
Subcontractor to provide Equipment (excluding non-customized Software) and/or Work
related solely to the Communications System.
"Subsystem - A radio communications system which is interconnected to the First Phase
and which is operated by the Owner for its internal operations.
"Work - All labor necessary to produce the Communications System required by the
Contract Documents and all machinery, equipment, supplies, tools,materials,
transportation and other incidentals incorporated or to be incorporated in the project by
Contract No. 07-13470/CR Page 7
COMMUNICATIONS SYSTEM AGREEMENT
Motorola or a Subcontractor.
Section 3 SCOPE OF AGREEMENT
A.SCOPE OF WORK. Motorola will provide all of the Equipment and Software
listed in the Equipment List, and provide all the tools, supplies, materials,
incidentals, services, training, labor and supervision to perform Motorola's duties
under this Agreement.As more fully described in the Statement of Work and
Acceptance Test Plan, such duties of Motorola will include the delivery,
installation,optimization, and testing of the Communications System at the
designated sites as specified in the Exhibit B documents as modified by the
approved Detailed Design Document, and in accordance with this Agreement.
Owner will perform all of its responsibilities as required in the Exhibit B
documents, as modified by the approved Detailed Design Document, and in
accordance with this Agreement.All infrastructure Equipment (excluding
Software) which is part of the Initial Network, excluding antennas and lines, to be
supplied under this Agreement will be staged pursuant to the System Staging Plan
which is part of the Statement of Work.
B.CHANGE ORDERS. The Work, the items on the Equipment List, the Contract
Price and the Implementation Schedule may be changed only by a Change Order,
and changes in the Work shall be performed under the applicable conditions of the
Contract Documents.Owner may, acting through the Project Director, make
requests for changes within the general scope of this Contract by written Change
Order request.Motorola shall, within a specified and mutually acceptable period of
time from the date of receipt of the Change Order request, notify Owner of any
increase or decrease in the Contract Price, any adjustment to the Implementation
Schedule, or any other foreseeable material impact on the Owner's Subsystem or
other impact as described in the applicable Change Order or Motorola's
performance of the Agreement as a result of the Change Order.Motorola's
response shall also include a statement indicating whether or not Motorola
recommends the Change Order request and shall be signed by Motorola's Project
Manager.Within a specified and mutually acceptable period of time, which may
include, if applicable, review and approval by the MESB, the Owner shall advise
Motorola in writing as to whether Owner wishes to execute the Change Order,
withdraw the Change Order request, or negotiate an amendment to the Agreement
pursuant to Section 19Q. If Owner advises that it wishes to withdraw the Change
Order request, then it shall have no further effect. If Owner advises that it wishes
to negotiate an amendment to the Agreement, then the parties shall negotiate in
good faith an amendment but both parties shall continue to perform their existing
duties under the Agreement pending execution of the amendment. If Owner
advises that it wishes to execute a Change Order consistent with the Change Order
request, then the parties shall promptly execute it.Any decrease in the Contract
Price shall be refunded to Owner if the revised Contract Price, based on executed
Change Orders, is less than the total sum actually paid by Owner to Motorola. Any
increase in the Contract Price, or a change of the Implementation Schedule, must
Contract No. 07-13470/CR Page 8
COMMUNICATIONS SYSTEM AGREEMENT
be evidenced by a written Change Order mutually executed by an authorized
representative of each party.A Change Order signed by Motorola indicates
Motorola's agreement therewith, including any adjustment in the Contract Price or
the Implementation Schedule.
The cost of any Change Order herein shall be determined in one or more of the
following ways in this order of precedence:
(1)By unit prices for Equipment and services (at same level of detail as
in this Agreement) stated in Contract Documents or subsequently
agreed upon.
(2)By mutual acceptance of a lump sum properly itemized and
supported by sufficient data to permit evaluation. Such information
will be itemized and priced in a manner consistent with the initial
Agreement and need not include Motorola's costs.
(3)By price to be determined in a manner agreed upon by the parties.
If Motorola requests a Change Order, Motorola shall also provide a statement of
the impact on cost, Implementation Schedule, the System design or Work caused
by the proposed changes.Owner shall advise Motorola in writing, within the
mutually agreed time period set forth in the Change Order, as to whether Owner
wishes to execute the Change Order.
The Project Director shall have the authority to order minor changes in the Work
not involving adjustments to the Contract Price or Implementation Schedule and
not inconsistent with the intent of the Contract Documents. The Project Director
shall further have the authority to correct, in writing, any non-disputed
typographical,mathematical or other minor errors or omissions in the Contract
Documents when such corrections do not involve adjustments to the Contract Price
or Implementation Schedule and are necessary for the proper fulfillment of intent
of the Contract Documents. Such minor changes or corrections shall be followed
up in writing and signed by the Owner's Project Director and Motorola's Project
Manager.
Should either party find any discrepancy between existing conditions at the job site
and the Contract Documents, or that the requirements can be met and the Work
completed in a more advantageous way, the Party shall notify the other party's
Project Director or Project Manager (as the case may be) in writing of such finding.
Nothing herein shall be construed as precluding Motorola from requesting a
Change Order.
Any Change Order which involves changes beyond the general scope of the
Contract Documents, or involves changes to the terms and conditions of the
Contract Documents, or involves substantive changes to the performance of the
Contract No. 07-13470/CR Page 9
COMMUNICATIONS SYSTEM AGREEMENT
System, requires prior execution of an Amendment of this Contract in accordance
with Section 19P.
C.ADDITIONAL PRODUCTS.Qualified Purchasers may purchase under this
Agreement ,or subject to the same terms and conditions if not otherwise permitted
by law to purchase under this Agreement ,"Additional Products ,"Replacement
Products ,"New Products ,"Software Upgrades ,and "Hardware Upgrades as
set forth below.
1."Additional Products , i.e., additional quantities of (a) the Equipment and
Software listed on the Equipment List or (b) Motorola manufactured voice
radio equipment available on the Effective Date through the Radio Network
Solutions Group or Accessories and Aftermarket Products group even if
such equipment was not listed on the Equipment List.Motorola agrees that
Qualified Purchasers may purchase Additional Products for seven (7) years
from the Effective Date.The Additional Products include all such
Equipment, if then available.Pricing for Additional Products is the
manufacturer's then published list price less the applicable discount by APC
("Accounting Product Code ) as shown on the Equipment List. If the
Additional Products being purchased are described in clause "(b)above
and the products' APC is not listed on the Equipment List, pricing will be
determined as if these are "New Products.Motorola will provide at least
sixty (60) days notice before a price increase becomes effective.If
Motorola's then published list prices decrease, the lower price shall apply to
all subsequent purchases of Additional Products, including orders taken but
not yet shipped.
2."Replacement Products , i.e., new Motorola manufactured products which
replace a discontinued model of Motorola manufactured Equipment listed
on the Equipment List.Motorola agrees that Qualified Purchasers may
purchase Replacement Products for seven (7) years from the Effective Date.
Pricing for Replacement Products is Motorola's then published list price of
the Replacement Product less the applicable discount of the discontinued
product by APC as shown on the Equipment List.However, for
Replacement Products orders taken but not yet shipped, pricing will be the
lower of (a) the applicable price of the discontinued product, or (b)
Motorola's then published list price of the Replacement Product less the
applicable discount of the discontinued product by APC as shown on the
Equipment List.Motorola will make good faith efforts to provide at least
ninety (90) days notice before a product discontinuation occurs.
3."New Products , i.e., products which are not available to Owner on the
Effective Date, are added to the available product offering after the
Effective Date, and which are in addition to, rather than in replacement of, a
discontinued product.Motorola agrees that Qualified Purchasers may
purchase New Products once they are available for seven (7) years from the
Contract No. 07-13470/CR Page 10
COMMUNICATIONS SYSTEM AGREEMENT
Effective Date. Pricing for New Products will be negotiated in good faith
by both parties, but the minimum discount level for voice radio New
Products will be 15%.
4."Software Upgrades ,i.e.,upgrades of FLASHportTM and infrastructure
Software. See the Custom Warranty Statement of Work - Exhibit C-2.
5."Hardware Upgrades , i.e., upgrades to Equipment (excluding Software
covered by Section 4 immediately above) listed on the Equipment List
where the modification to the hardware product is minor and the modified
hardware product is not a New Product, or a Replacement Product. The
parties' technically qualified representatives shall use good faith and best
efforts in determining whether or not a Hardware Upgrade constitutes a
New Product, a Replacement Product or a minor modification.Motorola
agrees that Qualified Purchasers may purchase Hardware Upgrades for
seven (7) years from the Effective Date. Pricing for Hardware Upgrades for
Motorola manufactured Equipment (excluding Software covered by Section
4 immediately above) is Motorola's then published list price less the
applicable discount by APC as shown on the Equipment (excluding
Software) List.Pricing for Hardware Upgrades for non-Motorola
manufactured Equipment shall be, if applicable, Motorola's then published
list price less the applicable discount by APC as shown on the Equipment
List, or, if not applicable, a price mutually determined by the parties in good
faith.
6.Payment terms for the above mentioned Additional Products, Replacement
Products, New Products, Software Upgrades, and Hardware Upgrades are
net 30 days from the date of invoice as shipped or, if applicable, in
accordance with the Payment Schedule set forth in Exhibit D. Motorola
may require Qualified Purchasers who are private service providers to pay
in accordance with commercial payment terms rather than the more
favorable payment terms set forth in Exhibit D.
D.Qualified Purchasers that have obtained approval of their Subsystems by the MESB
may purchase any of the products and services contained in this Agreement for the
design, construction, and integration of their Subsystems through the use of this
Contract.Motorola shall not accept a Purchase Order from a Qualified Purchaser
for the purchase of an additional Subsystem that connects to the Initial Network
unless it receives prior written approval of the Purchase Order from the MESB.
Upon written request by the MESB or Mn/DOT, Motorola shall inform them of any
projected material changes in the performance of the Backbone System as a result
of such additional Subsystem purchase.
To make such purchase of an additional Subsystem, the Qualified Purchaser must
issue a purchase order (or similar purchasing document) that specifically states:
Contract No. 07-13470/CR Page 11
COMMUNICATIONS SYSTEM AGREEMENT
"The issuer of this purchase order warrants to Motorola that this purchase order has
been approved by the Metropolitan Emergency Services Board, that such approval
is in writing and a copy of such approval is attached to this purchase order, that this
purchase order is governed by Section 3 of the Communications System Agreement
between Motorola and dated (the
"CSA ), and that issuer is a "Qualified Purchaser within the meaning of Section 2
of the CSA. By issuing and accepting this purchase order, issuer and Motorola
respectively agree that the terms and conditions of the CSA, including those
governing pricing and the Payment Schedule, shall apply to this transaction. Issuer
and Motorola agree that a separate System Description, Equipment List, Statement
of Work, Acceptance Test Plan, and Training Plan will be prepared and will apply
to issuer's purchase of the additional Subsystem, that such documents will be in
similar format to those exhibits of the CSA, and that they will be attached as
exhibits to the purchase order. Issuer agrees to execute an End-User Software
License Agreement, a Service Agreement (if issuer wishes to obtain such
maintenance services), and a Software Subscription Agreement (if issuer wishes to
obtain such software subscription services). These agreements shall be in a form
the same as or similar to the ones executed by Owner.
The following sections of the CSA do not apply to the purchase of additional
Subsystems by issuer: Section 4.D, the term of the Agreement should be
specifically negotiated by issuer and Motorola; Section 4.E, Progress Meetings and
Section 4.F, Construction Progress Reports, the meetings and reports should be
specifically negotiated by issuer and Motorola; Section 5.A, Contract Price;
Section 6.E, Personnel; Section 13.D, Performance and Payment Bonds,unless
issuer agrees to reimburse Motorola for the cost of such bonds; Section 17,
Accounting Requirements and Audit Rights except to the extent required by
applicable law.
E.EQUIPMENT MAINTENANCE SERVICE.Owner may purchase maintenance
service for the Communications System pursuant to the terms and conditions of
Motorola's standard commercial Service Agreement (a copy of which will be
provided to Owner upon request ),or a modified service agreement to be negotiated
after the Effective Date. In either instance the cost shall be the same as the cost(s)
negotiated by MnDOT for the Minnesota Master Service Agreement, provided said
Minnesota Master Service Agreement is in full force and effect for the duration of
the City's maintenance service agreement.
F.MOTOROLA SOFTWARE.Any Motorola Software furnished will be licensed to
Owner solely according to the terms and restrictions of the Software License
Agreement attached as Exhibit A.Owner hereby accepts all of the terms and
restrictions of the Software License Agreement.
G.NON-MOTOROLA SOFTWARE.Any Non-Motorola software furnished by
Motorola will be subject to the terms and restrictions of its copyright owner.
Contract No. 07-13470/CR Page 12
COMMUNICATIONS SYSTEM AGREEMENT
H.COMMITMENT TO PROVIDE ADDITIONAL SERVICES. Exhibit C describes
the first year System Support services being provided by Motorola to Owner. In
the event Owner wishes to procure some or all of these service modules in the
second year, Motorola will provide a price quotation to Owner. Thereafter, in the
event Owner wishes to procure some or all of the service modules, or some of the
specific items of service within a service module, Owner may request that
Motorola provide a written proposal consisting of, at the minimum, a description of
the proposed scope of services and a binding price commitment for such services at
Motorola's then current pricing for such services. For ten (10) years from the date
of Final Acceptance of the Initial Network, Motorola hereby agrees to provide such
proposal to Owner concerning the System Support services as requested by Owner,
and provide the services, if any, purchased by Owner, provided that Motorola at
that time is in the business generally of providing such requested services.At the
request of Owner, Motorola and Owner will negotiate in good faith any issues
arising from Owner's requests or Motorola 's proposal concerning these services.
I.CONTINUING SOFTWARE SUPPORT
In the event that:
(A)Motorola discontinues support for: (i) an item of Motorola Software
furnished under this Agreement, or (ii) subsequent releases of such
Software, if any; and
(B)Owner is, and remains, in use of the Software and not in breach of this
Agreement or other applicable license agreements, and
(C)Owner executes and maintains a Motorola Software Subscription
Agreement ("SSA") for the term of Owner's use of the Software; and
(D)Owner maintains the Motorola Software by accepting all Release Updates
and Patches provided under the SSA;
Then Motorola shall, as requested by Owner:
(A)Continue support for such item of Motorola Software under separate terms
and conditions; or
(B)Arrange for support by an entity that has access to the source code for such
item of Motorola Software; or
(C)Grant Owner a license ,under separate terms and conditions ,such separate
terms and conditions contingent upon approval by Motorola's Senior
Management Steering Board (STAMP),to use Motorola -owned source
code corresponding to the item of Motorola Software for Owner's internal
use by Owner's employees, agents ,consultants ,and independent contractors
("Owner Personnel "),solely for purposes of trouble analysis ,namely,
isolating ,diagnosing, and fixing problems in the Software ,provided that
prior to receiving access to such source code ,Owner Personnel will enter
into a confidentiality agreement in form and substance reasonably
satisfactory to Motorola.
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COMMUNICATIONS SYSTEM AGREEMENT
Section 4 PERFORMANCE SCHEDULE
A.DETAILED DESIGN REVIEW PROCESS. The parties shall participate in and
complete the Detailed Design Review ("DDR ) process for the City 's Subsystem.
This DDR process is more completely described below and in the Statement of
Work. The DDR process applicable to the City 's Subsystem and any additional
Subsystems that are governed by Section 3.D. shall be as described below (unless,
in order to scale the DDR process ,the purchaser of such additional Subsystem and
Motorola otherwise agree in writing )and in the statement of work concerning the
purchase of such additional Subsystem.
Detailed Design Document.As part of this DDR process, Motorola will
prepare a Detailed Design Document ("DDD ), the purpose of which is to
finalize and document the design of the Subsystem.The documentary
elements of the DDD are described in the Statement of Work. The DDD
shall be in sufficient detail to permit Owner's technically qualified project
engineers to understand the design of the Subsystem (or the additional
Subsystem, as applicable), and shall include: a description of the functional
and operational requirements of the Subsystem, the Equipment involved in
the Subsystem, and the engineering specifications and initial drawings
governing system configuration, installation, optimization, and testing of
the Subsystem. The DDD will not include a system cutover plan; such plan
will be a separate deliverable provided after the DDD is approved. The
approved DDD may, but not necessarily will, include a Change Order to
revise the Implementation Schedule or other matters. The approved DDD
shall constitute the agreed upon technical specifications of the Subsystem
(or the additional Subsystem,as applicable)and agreed upon
Implementation Schedule.
2.DDD Review and Approval Process. The DDD is subject to Owner's
written approval, which approval shall not be unreasonably withheld or
delayed.Owner shall not withhold or delay DDD approval if delay occurs
because Owner has not timely performed its responsibilities concerning site
acquisition and/or site development, even if such failure is an Excused
Delay. If this situation arises, Owner shall nevertheless approve the DDD
so long as Motorola provides a "typical site drawing for the unavailable
site.When Motorola reasonably believes the DDD is in final or "near final
condition,Motorola will deliver to Owner the draft DDD. Upon receipt of
the DDD, Owner shall have fifteen (15) business days to review the draft
DDD. If the draft DDD contains substantive changes to the design as
compared to the Exhibit B documents, Owner may request up to an
additional fifteen (15) business days to review the draft DDD, in which case
Owner shall so notify Motorola in writing and the review period shall be
reasonably expanded to meet Owner's needs and the Implementation
Schedule shall be extended accordingly.However, the Implementation
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COMMUNICATIONS SYSTEM AGREEMENT
Schedule will not be extended if the Owner's need for additional time is
caused by Motorola submitting a DDD that is incomplete or does not
contain sufficient detail or information for Owner or its agents to determine
the adequacy of the DDD.Motorola acknowledges that Owner's needs
include review and approval of the DDD by the Metropolitan Emergency
Services Board.At the end of this review period, Owner shall either
approve in writing the DDD or provide to Motorola formal written notice
stating all of the requested additions, deletions, or modifications that Owner
reasonably believes to be necessary for it to approve the DDD. This notice
shall be provided within the DDD draft review period. If Owner provides
such notice,Motorola shall have fifteen (15) business days to revise the
DDD and re-submit it to Owner for review and approval. Owner shall have
five (5) business days to review the re-submitted DDD and either approve
or disapprove it in writing. If the re-submitted DDD contains substantive
changes to the design as compared to the Exhibit B documents, Owner may
need more time than five (5) business days to review the resubmitted DDD,
in which case Owner shall so notify Motorola in writing and the review
period shall be reasonably expanded to meet Owner's needs and the
Implementation Schedule shall be extended accordingly.If Owner
disapproves the re-submitted DDD, Motorola may either submit another
revision or treat the matter as a dispute in which case Section 14 shall
apply; in either case, the Implementation Schedule shall be extended
accordingly.
3.Restriction on Equipment Delivery.Without Owner's written consent to
the contrary,Motorola shall not deliver to Owner any Equipment or
perform any services (other than the services in performing the DDR
process) until the DDD is approved by Owner. Once the DDD is approved,
Motorola will proceed to perform all of its remaining duties under the
Agreement.
B.Motorola and Owner agree to perform their responsibilities in accordance with the
Implementation Schedule, which is a part of the Statement of Work.
C.By executing this Agreement, Owner authorizes Motorola to proceed in accordance
with the Implementation Schedule, consistent with any changes to the schedule the
Parties mutually agree to after completion of the DDD, pursuant to the Change
Order process as set forth herein.
D.TERM OF AGREEMENT. Unless terminated in accordance with other provisions
of this Agreement or extended by mutual agreement of the Parties, the term of this
Agreement begins on the Effective Date and continues until the date of Final
Project Acceptance or expiration of the Warranty Period, whichever occurs last.
The parties may mutually agree to extend the Term of the Agreement to the extent
allowed by law.
I Contract No. 07-13470/CR Page 15
COMMUNICATIONS SYSTEM AGREEMENT
E.PROGRESS MEETINGS. At regular times as established by Owner's Project
Director,meetings shall be held to discuss the progress and the planning of the
Project.These meetings shall be for the purpose of, but not limited to: (i)
establishing functional details of the Project; (ii) delivery, installation and testing of
the Equipment and System, and (iii) provide status updates of active related City or
MESB communications system projects in which Motorola is engaged.The
meetings shall be under the direction of Owner's Project Director and shall be
attended by the Project Manager of Motorola, and such other representatives as the
Project Manager deems appropriate.
F.CONSTRUCTION PROGRESS REPORTS.Motorola shall provide Owner's
Project Director and the MESB written construction progress reports on a monthly
basis.These progress reports shall include a monthly financial report which
indicates Motorola's receipt of payment for Goods and services from Owner.
Owner's Project Director shall provide Motorola written construction progress
reports on a monthly basis for construction matters for which Owner is responsible.
Section 5 PAYMENT SCHEDULE
A.CONTRACT PRICE.The total Contract Price is $615,005 .00. The aforesaid
amount is subject to the written and executed Change Orders agreed to by the
Parties and their termination rights herein .Owner agrees to make payments
according to the Payment Schedule attached as Exhibit D. For Motorola to receive
any payment on this Contract, the invoice or bill must include the following signed
and dated statement :"I declare under penalty of perjury that this document ,claim,
or demand is just and correct and that no part of it has been paid.
B.As provided in Minn. Stats. §471.425,overdue undisputed invoices will bear
interest at a rate of 1.5% per month or portion thereof (unless such rate exceeds the
maximum allowed by law ,in which case it shall be reduced to the maximum
allowable rate ).Before any interest payment is made, Motorola must invoice the
Owner for such interest.
C.FREIGHT CHARGES.Motorola shall pay all necessary freight charges to the
location in Minnesota designated by the Owner. Owner agrees to pay Motorola the
fixed freight and warehouse charges ,if any, as provided in the Equipment List.
Subsequent purchase orders for Equipment beyond the Owner's initial order, for
additional subscribers, subsystems, or for other additional purchases shall contain a
separate line-item for reasonable and appropriate freight and warehouse charges.
D.INVOICING AND SHIPPING ADDRESSES.
Invoices will be sent to the Customer at the following address:
Fire Station #1
14800 Scenic Heights Road
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COMMUNICATIONS SYSTEM AGREEMENT
Eden Prairie, MN 55344
Attn.:Mark Vandenberghe
The city which is the ultimate destination where the Equipment will be delivered to
Customer is:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
The Equipment will be shipped to the Customer at the following address (insert if
this information is known):
Eden Prairie, Minnesota
Customer may change this information by giving written notice to Motorola.
Section 6 INSTALLATION AND SITE CONDITIONS
A.In addition to its responsibilities described in the Statement of Work,Owner agrees
to provide a designated Project Director, procure any necessary construction
permits ,building permits ,zoning variances and the like, provide access to the sites
identified in the Exhibits as requested by Motorola, and have such sites available
for installation of the Equipment by Motorola in accordance with the
Implementation Schedule and Statement of Work.
The Owner has designated the following person as Project Director:Mark
Vandenberghe Unless expressly expanded or limited in writing by Owner,
Owner's Project Director (herein referred to as "Project Director ) shall have the
authority to act on behalf of Owner for the duration of this Contract: (i) to serve as
the initial point of contact between Owner and Motorola on matters of Contract
administration; (ii) to verify solely for the benefit of Owner that Motorola's Goods
and services conform to the Contract Documents; (iii) to confirm the meaning,
intent, and interpretation of the Contract Documents; (iv) to receive and return
submittals and directions from Owner; (v) to direct adjustments to the location of
Goods and services to avoid conflicts with existing structures, maintenance holes,
sewer lines, obstructions, or otherwise to facilitate the Project; (vi) to attend project
progress meetings; (vii) to deliver Change Orders executed by Owner; and (viii) to
reject defective Goods and services.
Whenever Owner is required by the terms of this Contract to provide written notice
to Motorola, such notice shall be signed by Owner's Project Director, or, in the
case of that individual's absence or inability to act, by an employee of Owner
authorized to bind Owner.
B.Motorola shall appoint a Project Manager who shall be responsible for the progress
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COMMUNICATIONS SYSTEM AGREEMENT
and quality of all Work to be performed and be available for discussion, when
requested by the Owner's Project Director.The name, address and telephone
number of Motorola's Project Manager is set forth in Section 19.
Unless expressly expanded or limited in writing by Motorola, Motorola's Project
Manager (herein referred to as "Project Manager ) shall have the authority to act
on behalf of Motorola for the duration of this Contract (i) to serve as the initial
point of contact between Owner and Motorola on matters of Contract
administration; (ii) to verify solely for the benefit of Motorola that Motorola's
Goods and services conform to the Contract Documents; (iii) to receive and return
submittals and directions from Owner; (iv) to direct adjustments to the location of
Goods and services to avoid conflicts with existing structures, maintenance holes,
sewer lines, obstruction or otherwise to facilitate the Project; (v) to attend project
progress meetings; and (vi) to deliver Change Orders executed by Motorola.
Whenever Motorola is required by this Agreement to provide written notice to
Owner and the MESB, such notice shall be signed by Motorola's Project Manager,
or in the case of that individual's absence or inability to act, by a Motorola
employee authorized to bind Motorola.
C.If either Motorola or Owner determines during the course of performance of this
Agreement that the sites identified in Exhibit B-1 are no longer available or
desired, or, if subsurface, structural, adverse environmental or latent conditions at
any site differ from those indicated on the specifications in the Exhibits, Motorola
and Owner will promptly investigate the conditions and Owner shall select
replacement sites or adjust the installation plans and specifications as necessary.
Motorola shall inform Owner of any changes in System performance as a result of
such site change.
D.If Owner and Motorola determine that any change or addition in sites, site
availability, installation plans or specifications will require an adjustment in the
Contract Price or in the time required for the Implementation Schedule, or both,
this Agreement will be modified in accordance with Section 3.B of this Agreement.
E.PERSONNEL.
1.Key Professionals. Owner agrees that Motorola's key professional
personnel who will perform under this Agreement are:
James Sobey, Project Manager
Deborah Nohr, Project Engineer
Shari Schmitz, Account Manager
Motorola shall provide advance written notice of any permanent or
temporary changes to or deletions from Motorola's named key personnel.
Owner reserves a right to reasonably approve or disapprove any changes in
IContract No. 07-13470/CR Page 18
COMMUNICATIONS SYSTEM AGREEMENT
Motorola's key personnel.
2.Subcontractors.Owner agrees that Motorola will subcontract with the
following entities, if any, in the performance of this Agreement:
ANCOM, Inc.
NICE, Inc.
Owner reserves the right to approve or disapprove any changes to
Motorola's subcontractors assigned to or proposed to be assigned to any
aspect of this Agreement.
3.Removal of Employees. Owner shall have the right to order the immediate
removal of any of Motorola's or its Subcontractors' employees from a job
site or sites for just cause including, but not limited to, disorderly behavior,
intoxication, violation of a law or rule, unsafe behavior or for emergency
public safety reasons.The Project Director shall provide notice to Motorola
regarding the reason or reasons for such removal within twenty-four (24)
hours of such removal. The removed employee shall not be permitted to
return to the site or sites without written approval of the Project Director.
To remove an employee for any other reason ,the Project Director shall
consult with Motorola's Project Manager to attempt to reach a mutual
agreement regarding that employee.If they are unable to reach an
agreement, the parties shall resolve the dispute using the procedures set
forth in Section 14.
4.Security Procedures.Upon entrance to and departure from secured or
sensitive Owner sites, Motorola's and its Subcontractor's employees may
be required to furnish photographic identification and be subject to
inspections and searches for weapons, contraband and unauthorized
property.At Owner's discretion, such employees may also be subject to
prior security clearance investigations.Owner reserves the right to refuse
admittance to its sites for security reasons.
F.SHIPMENT AND DELIVERY OF GOODS. The Goods included on the
Equipment List will be shipped to a location as directed in writing by Owner. Once
the Goods (excluding Software) are delivered to Owner's F.O.B. location, Owner
will take title and will make a milestone payment per Exhibit D, if applicable, after
verifying upon delivery, and in no event more than five (5) days after delivery, that
that the Goods exhibit no visual signs of physical damage. Risk of loss will remain
with Motorola, until installation as set forth in section 19.A.
Motorola shall give Owner's Project Director at least fifteen (15) days prior written
notice of the date when the Goods shall be ready for shipment to the installation
site and the manner of shipment. Such notice shall include instructions concerning
special equipment or services required at the point of delivery to care for the
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COMMUNICATIONS SYSTEM AGREEMENT
Goods. If Owner agrees to the shipment date, it shall sign off on Motorola's notice
and return the signed notice form to Motorola.Motorola shall require the carrier to
give the Project Director not less than twenty-four (24) hours notice, exclusive of
weekends and holidays, by telephone or email of the anticipated hour of delivery.
No shipment shall be made without advanced written permission from Owner.
All Goods shall be delivered F.O.B. destination.Motorola shall select the means
and methods of transportation and shall be responsible for unloading all Goods.
All transportation charges, including but not limited to, switching insurance,
trucking, lighterage, special handling, unloading and warehousing will be included
in the amount stated in the Equipment List.
G.INSPECTION OF GOODS.Owner's Project Director or designee shall inspect the
Goods upon delivery to the installation site for the purpose of identifying the
Goods ,inspecting for damages ,and general verification of quantities.Such
inspection shall not be construed as final or as acceptance of any Goods not in
conformance with this Agreement or as acceptance under the System Acceptance
Plan. If, when delivered ,there are apparent defects in the Goods (through damage
or otherwise ),Owner's Project Director shall give prompt written notice thereof to
Motorola.Motorola shall, without cost to Owner ,correct the defect or replace the
Goods with non-defective Goods. If Motorola does not do so promptly and to the
satisfaction of Owner's Project Director ,Owner may accept delivery of the
defective Goods and remedy the defect as appropriate with an appropriate
reduction in the Contract Price instead of requiring removal or replacement.
Owner's Project Director may refuse to accept delivery of any Goods that are
apparently defective .If there are no apparent defects ,and the required quantities of
Goods have been verified ,the Project Director shall accept delivery.
H.NOTICE OF ACCEPTANCE OF DELIVERY.Owner's Project Director shall
provide notice of acceptance of delivery.
CLEANING.Each day during the process of the work ,the areas of Owner's
premises affected shall be kept clean and free of all rubbish ,debris ,and surplus
materials.All unneeded equipment and materials shall be removed from the site
and all damage repaired so that the Owner, the public and adjacent property owners
are inconvenienced as little as possible.
Where materials or debris have washed or flowed into or have been placed in water
courses ,ditches ,gutters, drains ,catch basins ,or elsewhere as a result of Motorola's
operations ,or have been blown to other nearby properties ,such material or debris
shall be removed and satisfactorily disposed of.All ditches,channels ,drains, etc.,
shall be kept in a clean and neat condition.
On or before the completion of work, Motorola shall, unless otherwise directed in
writing, remove all temporary works, tools, and machinery or other construction or
installation equipment placed by Motorola. Motorola shall remove all rubbish from
Contract No. 07-13470/CR Page 20
COMMUNICATIONS SYSTEM AGREEMENT
any grounds which Motorola has occupied and shall leave all of the premises and
adjacent property affected by the operation in a neat and restored condition
satisfactory to the Project Director. The cost of cleanup shall be incidental to other
items of the Contract. If Motorola fails to clean up as provided in the Contract
documents, the Owner may do so and the cost thereof shall be charged to Motorola.
J.SUSPENSION OF WORK. Owner's Project Director shall have the right to
suspend the work, or any part thereof, for non-compliance, for refusal to carry out
the requirements of the Contract or for public safety reasons. The Project Director
shall provide written notice to Motorola regarding the reason or reasons for such
suspension.Work shall be suspended until such time as the reason for the
suspension is corrected.
K.SAFETY.In fulfilling their responsibilities under this Agreement ,the Parties shall
perform all work in a good ,workmanlike and safest possible manner utilizing the
most current and available safety methods and equipment.
Motorola and Owner shall take all reasonable precautions for the safety of and shall
provide reasonable protection to prevent damage, injury or loss to employees on
the job site and other persons or property which may be affected thereby including
but not limited to posting of danger signs and other warnings of potential hazards.
Motorola and Owner shall give all required notices and comply with all applicable
laws, ordinance,rules , regulations and lawful orders of public authorities bearing
on safety of persons and/or property or their protections from damage, injury or
loss.
In performing its responsibilities under this Agreement, Motorola shall secure each
site where it is working to limit access and the possibility of individuals or the
curious being injured by falling into open holes or trenches, falling off roofs,
coming into contact with energized electrical circuits, being struck by falling
objects, etc.Trenches and holes accessed or opened by Motorola must be covered,
and/or fenced, and marked whenever Motorola or its agents are not on the site, with
that temporary fencing or covering subject to approval of the Owner before hole
digging begins.
Section 7 TRAINING
Training shall be provided in accordance with the Training Plan attached hereto as
Exhibit E, if applicable.
Section 8 SYSTEM ACCEPTANCE
A.Motorola will test the System in accordance with the Acceptance Test Plan that is
Exhibit B-2 to the Agreement, as supplemented by any changes in the test plans or
procedures as set forth in the approved Detailed Design Document.System
I Contract No. 07-13470/CR Page 21
COMMUNICATIONS SYSTEM AGREEMENT
acceptance shall be separated into two segments: Initial Acceptance and Final
Acceptance.
B.Initial Acceptance shall occur upon the successful completion of all testing of the
system, at which time both parties shall promptly execute a certificate of Initial
Acceptance.Minor omissions or variances in performance that do not materially
affect the operation of the system as a whole will not postpone Initial Acceptance.
Owner and Motorola will jointly prepare a "punch list of such omissions and
variances which Motorola will correct according to an agreed upon schedule.
C.Final Acceptance shall occur in accordance with the Acceptance Test Plan "ATP
and upon the successful completion of the punch list items, verification of punch
list items to Owner's reasonable satisfaction, and the delivery of all undelivered
Contract deliverables, at which time both parties shall promptly execute a
certificate of Final Acceptance.The Warranty Period shall commence upon Final
Acceptance.
D.Motorola agrees to notify Owner when the System is ready for acceptance testing.
Motorola and Owner agree to commence acceptance testing within fourteen (14)
days after receiving such notification. If testing is delayed for reasons within the
control of Owner or its contractors, agents and consultants for more than fourteen
(14) days after notification, then the parties will negotiate in good faith and enter
into a Change Order to address the delay. Such Change Order may (but not
necessarily will) include an extension of the Implementation Schedule, an equitable
adjustment to the Contract Price to reasonably compensate Motorola for the delay,
and the payment of a payment milestone which would have been paid but for the
delay, unless this payment milestone is the final payment as set forth in Exhibit D.
E.Owner's use of the System before Initial Acceptance occurs would cause disruption
and delay Motorola's ability to complete the testing of the System.Therefore,
before Initial Acceptance, Owner may not commence operational use of the System
unless Motorola first agrees to such use in writing.After Initial Acceptance,
Owner's right to use the system shall be limited to testing and training. Use of the
System for public safety dispatch purposes shall constitute Final Acceptance of the
System.However, operational use of the System by Owner in an emergency
situation, and when obtaining advance written agreement from Motorola would be
impossible or impracticable, shall not constitute Final Acceptance so long as
Owner notifies Motorola of the use as soon as reasonably possible.
Section 9 WARRANTY
A.GENERAL WARRANTIES.Motorola warrants that the Equipment (excluding
Software )as originally sold to the Owner will be new unless otherwise agreed to by
Owner.Motorola warrants further that the Equipment and services furnished under
this Agreement conform to the requirements of this Agreement.
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COMMUNICATIONS SYSTEM AGREEMENT
B.SYSTEM WARRANTY.Motorola warrants that the System will perform in
accordance with the System performance specifications included in the Exhibit B
documents ,as supplemented by the approved Detailed Design Document. Final
Acceptance will constitute full compliance with and fulfillment of the System
Warranty .This System Warranty applies to all System purchases under this
Agreement except for the Initial Network System.
C.WARRANTY OF FITNESS.Motorola expressly warrants that the System is fit for
the following purpose :a two-way digital ,trunked radio communications system to
be used for governmental purposes ,including public safety applications.
D.WARRANTY PERIOD. "The Warranty Period shall be a one (1) year period,
commencing from the date of Final Acceptance.Provisions of the warranty
service, such as response times and replacements, etc., shall be according to Exhibit
C - First Year Service Description.
E.EQUIPMENT WARRANTY. The Equipment (excluding Software) is warranted
to be free from defects in materials and workmanship throughout the Warranty
Period.Motorola, at its option and expense, will repair or replace defective
Equipment (excluding Software), and such action on the part of Motorola shall be
the full extent of Motorola's liability hereunder. The Equipment Warranty does not
cover Software defects, Equipment defects caused by any equipment, software,
products, elements or components not supplied by Motorola under this Agreement,
nor does it cover Equipment that has been subject to misuse, accident, neglect,
damage, or unauthorized alterations or repairs.Motorola acknowledges that
alterations or repairs made by a qualified technician of Owner acting under the
written or verbal (including telephonic) instruction, supervision, or direction of the
Motorola System Support Center, the Project Manager, a Project engineer, or a
Project technologist shall not be deemed to be unauthorized alterations or repairs.
Motorola will provide non-warranty service either pursuant to a service agreement
or on a time and materials basis at the then-current rates. Batteries are excluded
but carry their own separate limited warranty.Motorola agrees to use
commercially reasonable efforts to ensure that System disruptions do not occur
during System alteration or repair by Motorola.
F.MOTOROLA SOFTWARE WARRANTY.Except as provided in Section 9.B. and
9.C. above ,Motorola Software is warranted in accordance with the terms of the
Software License Agreement attached as Exhibit A.
G.THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS
AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
except as stated otherwise in Section 9.C. of this Agreement.
Contract No. 07-13470/CR Page 23
COMMUNICATIONS SYSTEM AGREEMENT
H.REPLACEMENT PARTS.Motorola agrees to have available replacement parts
for Motorola manufactured equipment for at least five (5) years after the notice of
last manufacture for mobile and portable equipment and at least seven (7) years
after the notice of last manufacture for fixed end equipment ;if Motorola fails to
perform this requirement,Motorola will provide alternative replacement parts that
are equivalent or superior .Replacement parts for non -Motorola manufactured
products will be consistent with the policies of those manufacturers .Replacement
parts can be purchased at their effective list prices less a 15 %discount.
Motorola shall provide a recommended list of spare parts, together with pricing,
that might be purchased by entities that wish to perform in-house maintenance.
The recommended list of spare parts will address mobile radios, portable radios,
base stations, microwave radios, antennas, channel banks, RF control stations, and
other important parts of the System. This Section 9.H survives expiration of the
term of this Contract.
Section 10 FCC LICENSES AND AUTHORIZATIONS
Owner agrees to obtain all Federal Communications Commission ("FCC ) licenses
and authorizations required for the installation and use of the Communications
System prior to the scheduled installation of the Equipment.Motorola agrees to
assist Owner as provided in the Statement of Work in the preparation of license
applications, but in no event will Motorola or any of its employees be an agent or
representative of Owner in FCC matters. Owner is solely responsible for obtaining
all FCC licenses and complying with FCC rules.
Section 11 DELAYS
A.Successful project implementation will require cooperation and fairness between
the parties.Because it is impractical to provide for every contingency which may
arise during the course of performance of the Agreement, the parties agree to notify
the other if they become aware that any condition will significantly delay
performance.The parties may agree to reasonable extensions of the
Implementation Schedule by executing a written Change Order.
B.Under no circumstances will either party be responsible for Excusable Delays.
C.Owner will make available to Motorola the Project construction sites when
scheduled in the Implementation Schedule, and Owner will not otherwise
unreasonably delay or prevent Motorola's performance of its responsibilities. If
Owner delays Motorola's performance of its responsibilities,Motorola's
performance as set forth in the Implementation Schedule will be extended. If
Owner delays Motorola's performance of its responsibilities and Owner's delay is
not an Excusable Delay, Owner shall pay any remaining balance due on Equipment
delivered to the FOB point in Minnesota.Additionally, if Owner delays
Motorola's performance of its responsibilities, and Owner's delay is not an
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COMMUNICATIONS SYSTEM AGREEMENT
Excusable Delay, Motorola may request a Change Order for the following: costs
for additional warehousing and handling attributable to the delay; costs reasonably
incurred by Motorola or its subcontractors attributable to suspending and re-
starting work; and a "work around plan to complete the installation, optimization,
testing, Initial Acceptance, and Final Acceptance of the System excluding the
unavailable sites.Owner shall continue to accept installation of Equipment to sites
not affected by the delay.
D.If Motorola delays Owner's performance of its responsibilities, and Motorola's
delay is not an Excusable Delay, Owner may request a Change Order for the
following: costs for additional warehousing and handling attributable to the delay;
costs reasonably incurred by Owner or its subcontractors attributable to suspending
and re-starting work; and a "work around plan to complete the installation,
optimization, testing, Initial Acceptance, and Final Acceptance of the System
excluding the unavailable sites.
Section 12 DEFAULT
A.If a party commits a Material Breach of this Agreement, the other party may
consider that party to be in default, unless such failure has been caused by an
Excusable Delay. The nondefaulting party shall give the defaulting party written
notice of such default, and specify in writing a reasonable amount of time which
the defaulting party has to cure such default or provide a cure plan, taking into
consideration the gravity and nature of the default.
B.If the defaulting party fails to cure the default within the specified period of time,
the nondefaulting party may terminate this Agreement immediately. If Owner
terminates this Agreement and procures supplies and services similar to those
terminated through a third party, Owner may recover direct damages including the
reasonable costs of such supplies and services and including administrative costs
incurred by Owner in procuring such supplies and services. Owner agrees to use
its reasonable efforts to mitigate such costs.Payment for such costs may be
assessed against any funds otherwise due Motorola. If no payments are due
Motorola, Motorola agrees to reimburse Owner for such costs.
C.The provisions of Section 18 parts D and E shall apply to a termination for default
under this section.
Section 13 INDEMNIFICATION, INSURANCE AND BONDS
A.CLAIMS FOR DAMAGES OR LOSSES. Motorola agrees to indemnify, defend
and hold harmless Owner,its agents , employees, and officers (the aforesaid persons
are collectively referred to as the "Indemnified Parties ) from and against all
liabilities,losses ,and damages, which may accrue against them to the extent that
such liabilities ,losses ,and damages are caused by Motorola's negligence,
recklessness ,intentional tortious act or omission or that of its employees,
Contract No. 07-13470/CR Page 25
COMMUNICATIONS SYSTEM AGREEMENT
subcontractors, or agents in connection with the performance of this Agreement.
Notwithstanding the above, neither party shall be liable for claims for commercial
losses ,special, incidental (except as provided in Section 15) and consequential
damages.Concerning third party claims ,which are brought against Indemnified
Parties and are covered by this indemnity provision, any damages actually paid by
Indemnified Parties to such third parties shall be deemed to be direct and not
consequential or incidental damages.Motorola will not be obligated to indemnify,
defend, or hold the Indemnified Parties harmless from the negligence of any
Indemnified Party or other contractors. If a court determines in a final adjudication
that both Motorola and one or more Indemnified Parties are jointly liable, Motorola
and such Indemnified Parties shall each pay their respective attorney's fees, costs
of litigation and percentage liabilities.
B.PATENT AND COPYRIGHT INFRINGEMENT. Motorola will defend, at its
expense, any suits against Owner based upon a claim that any Motorola furnished
Goods, Software, or unaltered Equipment infringes a U.S. patent, copyright, or
other proprietary rights and Motorola will pay costs and damages finally awarded
against Owner in any such suit, provided that Motorola is notified promptly in
writing of any such claim and, at Motorola's request and expense, is given control
of the suit to the extent permitted by law and all assistance ,except monetary,
requested by Motorola in defense of the suit.At any time, without diminishing
Motorola's obligation to satisfy any final award, Motorola may elect, at its option
and at no expense to Owner, to (a) obtain for Owner the right to continue use of the
Goods, Equipment, or Software, (b) substitute equivalent Equipment, Goods, or
Software, reasonably acceptable to Owner and extend this indemnity to the
substituted Equipment,Goods, or Software, or (c) accept the return of the
Equipment, Goods, or Software, and refund the book value (using straight - line
depreciation) of the Equipment, Goods, or Software.Motorola will have no
liability to Owner for any infringement or alleged infringement of any patent
copyright or other proprietary right caused by any of Owner's products or the
combination of any Equipment with any equipment goods, software, products, or
materials not furnished by Motorola.
C.INSURANCE.
1.Scope of Insurance.Motorola shall procure and maintain for the duration
of this Agreement, insurance for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by Motorola, its agents, representatives, employees or
subcontractors.Coverage shall include, at a minimum:
a.Occurrence-based Commercial General Liability coverage covering
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury, and advertising, and
liability assumed under an insured contract (including the tort
liability of another assumed in a business contract);
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COMMUNICATIONS SYSTEM AGREEMENT
b.Business auto coverage shall cover liability arising out of the use of
any automobile;
c.Motorola represents and warrants that it has and will maintain during
the performance of this Contract worker's compensation insurance
coverage required pursuant to Minn. Stat. § 176.181 ,subd. 2, and
that the certificate of insurance or the written order of the
Commissioner of Commerce permitting self insurance of worker's
compensation insurance coverage provided to the City upon
execution of this Contract is current and in force and effect.
d.Motorola shall provide insurance, or self-insurance ,covering entire
Work under the Agreement ,including reasonable compensation for
professional services and expenses made necessary by an insured
loss.
e.Commercial Property Insurance shall also include all Goods,
Equipment and materials until installed at the designated sites,
including but not limited to property stored in Minnesota before the
Risk of Loss has transferred to Owner, and property in transit. The
policy shall cover the cost of removing debris ,including demolition,
as may be made necessary by the operation of any law,ordinance, or
regulation.
2.Minimum Limits of Insurance .Motorola shall maintain insurance limits of
no less than:
a.Commercial General Liability (CGL) and, if necessary, commercial
umbrella insurance with limits of not less than $5 ,000,000 per
occurrence for bodily injury, personal injury and property damage. If
CGL insurance or any other form of insurance with a general
aggregate limit is used,either the general aggregate limit shall apply
separately to this project or the general aggregate limit shall be twice
the required occurrence .If Motorola is self-insured ,it must provide
certified copies of its financial statement.
b.Business automobile liability and ,if necessary ,commercial umbrella
liability insurance with a limit of not less than $5 ,000,000 per
accident for bodily injury and accident damage. If Motorola is self-
insured,it must provide a copy of its current Certificate of Self
Insurance issued by the Minnesota Department of Commerce.
c.Employers liability and ,if necessary ,commercial umbrella
insurance ,with a limit of not less than $500,000/$500 ,000/$500,000
per accident for bodily injury or disease. If Motorola is self-insured,
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COMMUNICATIONS SYSTEM AGREEMENT
it must provide a copy of current Certificate of Self Insurance issued
by the Minnesota Department of Commerce.
d.Builders' Risk and Installation Floater shall be for the completed
replacement value of the Project, which allows for technology
compatibility at the time of loss.
3.Other provisions. The general liability and automobile policies are to
contain, or be endorsed to contain, the following provisions:
a.Owner,Mn/DOT and the MESB, and their members, officers,
employees, agents and volunteers are to be listed as additional
insureds under CGL.Motorola's insurance coverage shall not limit
the coverage afforded Owner, Mn/DOT and the MESB, and their
members, officers, employees, and volunteers as an additional
insured under the required policies.
b.For any claims related to this Contract,Motorola's insurance
coverage shall be primary with respect to Owner, Mn/DOT and the
MESB, their members, officers, employees, agents and volunteers.
Any insurance or self-insurance program maintained by Owner,
Mn/DOT or the MESB shall be in excess of Motorola's insurance
and shall not contribute to it.
c.Any failure to comply with reporting provisions of the policies,
including breaches of warranties shall not affect coverage provided to
Owner, Mn/DOT and the MESB, their members, officers, employees,
agents and volunteers.
d.Motorola shall include all Subcontractors as insureds under its
policies or furnish a list of all its Subcontractors and separate
certificates and endorsements for each Subcontractor.All coverage
for Subcontractors shall be subject to all of the requirements stated
herein.
e.The workers' compensation and Employer's Liability Coverage shall
contain a provision stating that the insurer agrees to waive all rights
of subrogation against Owner,Mn/DOT and the MESB, their
members, officers, employees, agents and volunteers for losses
arising from performance of this Contract.
4.Each insurance policy required by this section shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced
in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to Owner.
Contract No. 07-13470/CR Page 28
COMMUNICATIONS SYSTEM AGREEMENT
5.Upon written request from Owner, Motorola shall furnish Owner with
certificates of insurance acceptable to Owner effecting coverage required by
this section.The certificates for each insurance policy shall be signed by a
person authorized by the insurer to bind coverage on its behalf.
6.Owner does not represent in any way that the insurance specified
herein ,whether in scope of coverage or limits, is adequate or sufficient
to protect Motorola 's business or interests .Motorola is solely
responsible to determine its need for and to procure additional
coverage which may be needed in connection with this Agreement.
Furthermore ,the procuring of insurance policies required by this
Agreement shall not be construed to limit Motorola 's liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement .Notwithstanding said policy or
policies of insurance ,Motorola shall be obligated for the full and total
amount of any damage ,injury, or loss caused by negligence or neglect
connected with this Agreement subject to the Limitation of Liability
Provision where it applies.
7.Insurance is to be placed with insurers with Best's rating of no less than
A: VII.
8.Builders' Risk Insurance and Installation Floater shall contain provisions
naming Owner,MN/DOT and the MESB as loss payees and waiving
insurer's rights of subrogation against Owner,MN/DOT and the
Metropolitan Emergency Services Board.
D.PERFORMANCE AND PAYMENT BONDS. After execution of this Agreement
and within fifteen (15) calendar days of written request by Owner, Motorola shall,
at Owner's expense, execute and provide to Owner Performance and Payment
Bonds, each in the full amount of the Contract Price, as security for the faithful
performance and payment of all Motorola's obligations under the Contract
Documents. If the Surety on any bond furnished by Motorola is declared bankrupt
or becomes insolvent or its right to do business in Minnesota is terminated, or it
ceases to meet the requirements of this Agreement, Motorola shall, within ten (10)
calendar days thereafter, substitute another Bond and Surety, both of which must be
acceptable to Owner.
The Performance Bond(s) shall be maintained in force from the Effective Date and
through the Warranty Period.Motorola agrees that if this Agreement is terminated
by Owner for default, the Surety will promptly remedy the default, or shall
promptly complete the Agreement in accordance with its terms and conditions, or
obtain a Proposal or Proposals for completing the Agreement in accordance with its
terms and conditions and upon determination by Owner of the Successful Proposer,
arrange for a Contract between such Proposer and Owner, and make available
sufficient funds to pay the cost of completion of the Agreement. The premium will
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COMMUNICATIONS SYSTEM AGREEMENT
be shown as a separate line item on the Equipment List.
Section 14 DISPUTES
A.DISPUTE RESOLUTION.Motorola and Owner will attempt to settle any claim or
controversy arising from this Agreement through consultation and negotiation in
good faith and a spirit of mutual cooperation. If those attempts fail, the dispute will
be mediated by a mediator chosen jointly by Motorola and Owner within thirty (30)
calendar days after notice by one of the parties demanding non-binding mediation.
Neither party may unreasonably withhold consent to the selection of a mediator.
Motorola and Owner will share the cost of mediation equally. The Owner may
refuse to participate in this mediation cost-sharing requirement if funds are
unavailable or cannot be encumbered .The parties may by mutual agreement
complete some specified but limited discovery about the dispute. The parties may
also replace mediation with some other form of non -binding alternate dispute
resolution ("ADR ) procedure .Nothing in this section shall prevent Owner from
terminating this Agreement for a material breach ,convenience ,or due to
Motorola's financial instability.
B.UNRESOLVED DISPUTES. Any dispute that cannot be resolved between the
parties through negotiation or mediation within two (2) months after the date of the
initial demand for non-binding mediation may then be submitted by either party to
Minnesota District Court or to the United States District Court for the District of
Minnesota for federal action. Each party consents to jurisdiction over it by such a
court.The use of any ADR procedures will not be considered under the doctrine of
laches,waiver, or estoppel to affect adversely the rights of either party.Either
party may resort to the judicial proceedings described in the paragraph prior to the
expiration of the two (2) month ADR period if (a) good faith efforts to attempt
resolution of the dispute under these procedures have been unsuccessful or (b)
interim relief from the court is necessary to prevent serious and irreparable injury
to such party or any of its affiliates, agents, employees, customers, suppliers, or
subcontractors.
C.PERFORMANCE WHILE DISPUTE IS PENDING.Notwithstanding the
existence of a dispute, the parties shall continue without delay to carry out all of
their responsibilities under this Agreement which are not affected by the dispute. If
a party fails to continue without delay to perform its responsibilities under this
Agreement, in the accomplishment of all undisputed work, any additional cost
incurred by the other parties as a result of such failure to proceed shall be borne by
the responsible party.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death ,Owner's total liability to Motorola,
whether for breach of contract, warranty ,negligence, strict liability in tort,
indemnification ,or otherwise, is limited to direct damages recoverable under
Contract No. 07-13470/CR Page 30
COMMUNICATIONS SYSTEM AGREEMENT
applicable law.
Except for personal injury or death ,Motorola 's total liability to Owner,
whether for breach of contract ,warranty, negligence, strict liability in tort,
indemnification ,or otherwise ,is limited to direct damages recoverable under
law but not to exceed the Contract Price. Except as provided in Section 13 of
this Agreement ,Motorola shall not be liable to Owner for any loss of use, loss
of time, inconvenience ,commercial loss, lost profits or savings ,or other
special,incidental or consequential damages related to or arising from this
Agreement ,the sale or use of the Equipment ,or the performance of services
by Motorola pursuant to this Agreement .Notwithstanding the preceding
sentence ,Owner may recover from Motorola incidental damages resulting
from Motorola 's breach for expenses reasonably incurred in inspection,
receipt, crating, packaging,transportation ,recovery of Goods, and care and
custody of Goods rightfully rejected ,but such incidental damages shall not
exceed $50,000 .This section 15; Limitation of Liability ,will survive the
expiration or termination of this Agreement.
Section 16 SUBCONTRACTORS
A.PROMPT PAYMENT.Motorola will pay to its subcontractors undisputed
amounts owing to its subcontractors within ten (10) calendar days of receiving
payment from the Owner for such subcontracted services .If Motorola fails to pay
a subcontractor in a timely manner as set forth in this Section A ,Motorola shall pay
such subcontractor interest on the undisputed delinquent amount ;such interest will
be calculated at the rate of 1.5%per month or portion thereof.The minimum
monthly interest payment for an unpaid balance of $100 .00 or more is $10.00. For
an unpaid balance of less than $100 .00,Motorola shall pay the actual amount due
to the subcontractor.
B.None of the services to be provided by Motorola pursuant to this Agreement shall
be subcontracted or delegated to any other organization, subdivision,association,
individual, corporation, partnership, or group of individuals or other such entity
without prior written consent of Owner. Such consent shall not be unreasonably
delayed or withheld.The Subcontractors listed in section 6.E.2 have been
approved by Owner, and no further approvals or consents are necessary with
respect to those Subcontractors. No subcontract or delegation of Work shall relieve
or discharge Motorola from any obligation, provision, or liability under this
Agreement. Further, Motorola shall be fully responsible for the acts,omissions,
and failure of its Subcontractors in the performance of the herein specified
contractual services,and of persons directly or indirectly employed by
Subcontractors.Contracts between Motorola and each Subcontractor shall require
that the Subcontractor's services and obligations be performed in accordance with
the provisions of the Contract Documents.Owner will assume no contractual
relationship with Subcontractors.
I Contract No. 07-13470/CR Page 31
COMMUNICATIONS SYSTEM AGREEMENT
Any action of a Subcontractor which, if done by Motorola, would constitute a
breach of the Agreement shall be deemed a breach by Motorola and have the same
legal effect, provided that Motorola has not cured such breach.
Section 17 ACCOUNTING REQUIREMENTS AND AUDIT RIGHTS
A.ACCOUNTING REQUIREMENTS.Motorola shall maintain accounting records
relating directly to the performance of this Agreement .As stated in its annual
report ,Motorola's audited financial statements are prepared in accordance with
generally accepted accounting principals applying certain estimates and judgments
as required .Authorized representatives or agents of Owner shall have access to
such accounting records upon reasonable written notice and at reasonable times
during the performance or retention period of this Agreement for purposes of
inspection in accordance with the Audit Rights provision set forth below in
subsections B and C. The accounting records described above pertaining to this
Agreement shall be maintained for six (6) years following the end of the Federal
Fiscal Year during which the Agreement is terminated or audits of the Agreement
have been completed ,whichever is later.Notwithstanding the preceding sentence,
the accounting records described above pertaining to this Agreement shall be
retained until final resolution of all pending audit questions and for one (1) year
following the termination of any litigation relating to the Agreement if the litigation
has not terminated within the above six (6) year period.
B.AUDIT RIGHTS. As required by Minn. Stat. § 16C.05, subd. 5, Motorola shall
maintain books, records, and documents that are relevant to the performance of this
Agreement.Such books, records, and documents of Motorola, as well as its
accounting procedures and practices that are relevant to the performance of this
Agreement, shall be subject to the examination and audit of Owner, the MESB, and
either the Legislative Auditor or State Auditor for a minimum of six (6) years.
C.LIMITATIONS ON ACCESS TO ACCOUNTING RECORDS AND AUDIT
RIGHTS. Notwithstanding anything to the contrary stated herein or elsewhere, the
following shall apply to the Accounting Requirements and Audit Rights provisions:
1.Any audit or inspection by Owner permitted under this Section 17 will
occur during normal business hours at the Motorola facility where such
records are normally kept.
2.Owner shall conduct any audit or inspection permitted under this Section 17
entirely at it own expense, although Motorola will provide reasonable
cooperation to Owner.
3.Motorola acknowledges that invoices and shipment documents pertaining to
the performance of this Agreement are covered by Owner's audit and
inspection rights.
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COMMUNICATIONS SYSTEM AGREEMENT
4.Motorola will not create or maintain records not prepared by Motorola in
the ordinary course of Motorola's business, nor will Motorola be required
to disclose documents or information it considers confidential and
proprietary, unless required to do so under Minn. Stat. § 16C.05.
D.FLOW DOWN TO SUBCONTRACTORS.The provisions of this Section 17 shall
be incorporated into any subcontract under this Agreement.
Section 18 TERMINATION OF AGREEMENT
A.TERMINATION FOR LACK OF APPROPRIATION FROM LEGISLATURE OR
OF FUNDING FROM THE METROPOLITAN EMERGENCY SERVICES
BOARD OR ANY OTHER FUNDING SOURCE.If applicable, Owner shall take
all reasonable actions to comply with Minn. Stats. § 16A .15 and 16A.57.If Owner
takes all reasonable actions to comply with these statutes but nevertheless funds for
this Agreement become unavailable or are reduced ,both Owner and Motorola will
have the right to terminate this Agreement without penalty and upon the same
terms and conditions as a termination for convenience.
B.TERMINATION FOR CONVENIENCE. Owner may terminate performance of
Work under this Agreement in whole or in part whenever for any reason Owner
shall determine that such termination is the most appropriate action for Owner. If
Owner elects to terminate this Agreement pursuant to this provision, Owner's
Project Director shall notify Motorola by certified mail, return receipt requested,
thirty (30) calendar days prior to the effective date of such termination.Upon
receipt of termination notice from the City, Motorola shall immediately stop work
on the Project until the Parties mutually agree upon any work that should be
completed. Such notice shall state the extent of such termination, i.e., whether it is
in whole or in part, and if in part, the extent of the terminated portion. Termination
shall be effective as of the close of business on the date specified in the notice.
Upon receipt of a notice of termination for convenience, Motorola shall be paid in
accordance with the following provisions:
(1)At the Contract price(s) for completed deliverables delivered to and
accepted by Owner for which it has not been previously paid, taking into
consideration any assessed offsets.
(2)At a reasonable price, negotiated between Motorola and Owner, for
partially completed deliverables less any amounts for assessed offsets, with
the amount for each deliverable not to exceed the price of that deliverable
specified in the Agreement. In the event of a failure to agree upon a
reasonable price the matter shall be resolved in accordance with the Dispute
resolution provisions of the Agreement.
(3)Any retention of holdback on payment amounts attributable to the
terminated portion of the work shall be immediately paid.
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COMMUNICATIONS SYSTEM AGREEMENT
C.TERMINATION FOR FINANCIAL INSTABILITY. In the event that Motorola
becomes financially unstable to the point of threatening the ability of Owner to
obtain the services provided for under the Agreement,ceases to conduct business in
the normal course, becomes insolvent, makes a general assignment for the benefit
of creditors, suffers or permits the appointment of a receiver for its business or its
assets ,or becomes subject to or avails itself of any proceeding under the Federal
Bankruptcy Act or any other statute relating to insolvency or the protection of the
rights of creditors, Owner may, at its option, terminate this Agreement effective at
the close of business on the date specified.
In the event that Owner elects to terminate this Agreement under this provision, the
Project Director shall notify Motorola in writing by either certified or registered
mail, specifying the date of termination. In the event of the filing of a petition in
bankruptcy by or against a principal Subcontractor, Motorola shall immediately so
advise Owner.Motorola shall ensure that all tasks related to subcontracts are
performed in accordance with the terms of this Agreement.
D.Procedures on Termination
1.Upon delivery by certified or registered mail to Motorola of a Notice of
Termination specifying the nature of the termination and the date upon
which such termination becomes effective, Motorola shall:
a.Stop Work under this Agreement on the date and to the extent
specified in the Notice of Termination;
b.Place no further orders or subcontracts for materials, services, or
facilities;
c.Terminate all orders and subcontracts to the extent that they relate to
the performance of Work terminated by the Notice of Termination;
d.At Owner's option, assign to Owner, in the manner and to the extent
directed by the Project Director, all of the rights, titles, and interest
of Motorola under the orders or subcontracts so terminated, in which
case Owner shall assume all of Motorola's obligations under such
orders or subcontracts, excluding unpaid invoices regarding which
Owner has already paid.Owner shall have the right, at its
discretion, to settle or pay any or all claims arising out of the
termination of such orders and subcontracts.This paragraph shall
not apply to a termination for convenience or a termination for lack
of funding;
e.With the advance approval of the Project Director,settle all
outstanding liabilities and all claims arising out of such termination
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COMMUNICATIONS SYSTEM AGREEMENT
of orders and subcontracts, the cost of which would be reimbursable
in whole or in part, in accordance with the provision of the
Agreement;
f.Within ten (10) business days from the effective date of termination,
transfer title to Owner (to the extent that title has not already been
transferred) and deliver, in the manner, at the times, and to the
extent directed by the Project Director, all files, processing systems
(excluding equipment and operating systems), data manuals, and
other documentation, in any form, that relate to the Work terminated
by the Notice of Termination provided that such files, systems,
manuals and documentation are deliverables under this Agreement;
g.Complete the performance of such part of the Work as has not been
terminated by the Notice of Termination; and
h.Take such action as may be necessary, or as the Project Director
may direct, for the protection and preservation of the property
related to this Contract which is in the possession of Motorola and in
which Owner has or may acquire an interest;
2.Motorola shall proceed immediately with the performance of the above
obligations, notwithstanding any delay in determining or adjusting the
amount of any item of reimbursable price under this clause.
3.Upon termination of this Agreement in full, Motorola shall return to Owner
any property made available for its use during the term of this Agreement.
E.COOPERATION DURING TRANSITION.Motorola shall cooperate with and
help facilitate any transition for the provision of Contract related services by a
different vendor or by Owner at any time during or within thirty (30) calendar days
of the termination of this Agreement .Failure to cooperate with and /or withholding
any information or records requested by Owner or a different Vendor that impairs
in any way the transition of the provision of Contract related services to a different
party shall constitute a material breach of this Agreement ,subjecting Motorola to
liability for all direct damages incurred by Owner because of such failure, but
subject to the Limitation of Liability provision contained in Section 15 above.
Notwithstanding the above ,Owner may alternatively choose to consider a breach
of this section an event of default ,and proceed in accordance with Section 12.
F.LIQUIDATED DAMAGES.
1 Time being an essential element to this Agreement, it is important that both
Motorola and Owner adhere to the Implementation Schedule (as revised or
confirmed in the Detailed Design Review process). If Motorola fails to
achieve Initial Acceptance when scheduled in the Implementation Schedule
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COMMUNICATIONS SYSTEM AGREEMENT
(as revised in the Detailed Design Review process or by Change Order) and
such failure is not caused by Excusable Delays, or delays caused by Owner
or its employees, representatives, or contractors, then, in addition to any
amount that may be agreed upon by the Parties pursuant to Section 11 .D,
Motorola shall pay to Owner ,as its sole and exclusive remedy, liquidated
damages for Motorola's failure as described in this Section 18.F.
2.Motorola and Owner agree that, although such damages are difficult to
ascertain, the liquidated damages are a reasonable approximation of the
amount of damages Owner would suffer caused by Motorola's failure in not
achieving Initial Acceptance as scheduled, and that such liquidated damages
are not a penalty.These liquidated damages are intended to compensate
Owner for all damages caused by such delay, including those relating to the
administration of the Agreement and other related contracts, additional
costs incurred by Owner for engineering and other personnel, expenditures
resulting from the inability of Owner to use the Initial Network during the
delay period, and other miscellaneous obligations and expenditures which
Owner would incur as a result of such delay. In determining the liquidated
damages amount, Motorola and Owner have taken into consideration the
other provisions of this Agreement which protect Owner, including the
Performance Bond, the Payment Bond, and Milestone Payments.
3.The per diem (calendar day) amount of liquidated damages shall be
calculated as follows :the "Cap Amount (as defined below)divided by
255.
4.The maximum amount of liquidated damages that Motorola will be liable to
pay Owner is referred to as the "Cap Amount . The Cap Amount is
calculated as .005 of the Owner's Contract Price, excluding subscriber
Equipment.
5.For Owner to assert a claim for liquidated damages, it must first provide
formal written notice to Motorola.
6.If liquidated damages are charged, they will be charged daily, first against
monies then due to Motorola, then against monies coming due, and then
against funds held for eventual release to Motorola. If these three sources
are not sufficient to cover liquidated damages, Owner will bill Motorola for
the necessary balance and Motorola shall promptly pay the invoiced
amount(s).
7.The Owner may waive in writing all or any portion of any liquidated
damage assessment after the date services or obligations are completed and
accepted by Owner. Permitting Motorola to continue and complete the
services or obligations or any part of them after stipulated times will not in
any way operate as a waiver on the part of Owner of its rights hereunder.
Contract No. 07-13470/CR Page 36
COMMUNICATIONS SYSTEM AGREEMENT
No act by Owner in pursuing or affecting its rights hereunder will constitute
a forfeiture of Owner's right to recover liquidated damages from Motorola
and its Surety.
Section 19 GENERAL
A.TITLE AND RISK OF LOSS.Title to the Equipment (excluding Software) will
pass to Owner upon delivery of the Equipment to the Owner's F.O .B. point in
Minnesota .Title to Software will not pass to Owner at any time. Risk of Loss will
pass to Owner upon installation of the Equipment at the designated site (i.e., on a
site by site basis ).Motorola will retain Risk of Loss concerning infrastructure
Equipment until that Equipment is installed.
B.TAXES. The purchase price does not include any amount for federal, state, or
local excise,sales ,lease ,service, rental, use, property, occupation, or other taxes,
all of which (other than federal, state, and local taxes based on Motorola's income
or net worth) will be paid by Owner except as exempt by law. If Motorola is
required to pay or bear the burden of any such taxes, Motorola will send an invoice
to Owner and Owner will pay to Motorola the amount of such taxes (including any
interest and penalties) within thirty days after the date of the invoice.Owner will
be solely responsible for reporting the Equipment for personal property tax
purposes. Exhibit G, if applicable, shall provide evidence of tax-exempt status. In
reliance thereon, Motorola will not charge State sales tax.Motorola's Federal Tax
I.D. number is 36-1115800 and its Minnesota Tax I.D. number is 7679620.
C.CONFIDENTIAL INFORMATION. Owner will not disclose any material or
information identified as Motorola proprietary and confidential to third parties
without Motorola's prior written permission, unless Motorola makes such material
or information public or disclosure is required by court order or by law, specifically
including the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13. If Owner is required by court order or law to disclose such material or
information, Owner will notify Motorola prior to such disclosure.Motorola 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
hands of Motorola.
D.DISCLAIMER OF LICENSE. Except as explicitly provided in the Motorola
Software License Agreement included in Exhibit A, nothing in this Agreement will
be deemed to grant, either directly or by implication, estoppel, or otherwise, any
license or right under any patents, patent applications, copyrights, trademarks, trade
secrets or other intellectual property of Motorola.
E.ASSIGNABILITY. This Agreement may not be assigned by either party without
the consent of the other party.Such consent shall not be unreasonably withheld.
F.WAIVER.No covenant ,condition ,duty ,obligation ,or undertaking contained in or
Contract No. 07-13470/CR Page 37
COMMUNICATIONS SYSTEM AGREEMENT
made a part of this Agreement shall be waived except by the written agreement of
the parties.Forbearance or indulgence in any form or manner by either party in
any regard whatsoever shall not constitute a waiver of the covenant, condition, duty
obligation, or undertaking to be kept, performed, or discharged by the other party.
Until complete performance or satisfaction of all such covenants, conditions,
duties, obligations and undertakings, the other party shall have the right to invoke
any remedy available under law or equity, notwithstanding any such forbearance or
indulgence, but subject to the Limitation of Liability provision contained in Section
15 above.Waiver of any breach of any provision of this Agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition of this
Agreement shall be held to be waived, modified, or deleted except by an instrument
in writing, signed by the parties hereto.
G.SEVERABILITY. If any provision or portion of this Agreement, including items
incorporated by reference, is held to be illegal, invalid, void or unenforceable, then
both Owner and Motorola shall be relieved of all obligations arising under such
provision, that provision will be considered severable, and the remainder of this
Agreement (if capable of performance) will remain in full force and effect as if the
invalid provision were not part of this Agreement.
H.HEADINGS AND SECTION REFERENCES. The headings given to the sections
of this Agreement are inserted only for convenience and are not to be construed as
part of this Agreement or as a limitation of the scope of the particular Section to
which the heading refers.
ENTIRE AGREEMENT. This Agreement (including the Exhibits ) constitutes the
entire agreement of the parties regarding the subject matter of this Agreement and
supersedes all previous negotiations,representations ,agreements and
understandings ,whether written or oral ,between the parties relating to such subject
matter.This Agreement between the parties shall be independent of and have no
effect upon any other contracts of either party.
J.GOVERNING LAW. This agreement will be governed by and construed in
accordance with the laws of State of Minnesota .The parties shall bring any and all
legal proceedings arising hereunder in the State of Minnesota.
K.HUMAN RIGHTS CERTIFICATION. Motorola agrees to comply with all aspects
of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq.Motorola
has submitted a copy of its Minnesota Human Rights Certification with its
Proposal.Motorola shall maintain an effective Minnesota Human Rights
Certification and, upon request, will provide to Owner a copy of such certification.
Motorola further agrees to comply with all aspects of Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
L.NON-DISCRIMINATION.In performance of this contract ,Motorola shall not
discriminate on the grounds of or because of race ,color,creed,religion ,national
Contract No. 07-13470/CR Page 38
COMMUNICATIONS SYSTEM AGREEMENT
origin ,sex, marital status, status with regards to public assistance ,disability ,sexual
orientation,or age against any employee of Motorola, any subcontractor of
Motorola, or any applicant for employment.Motorola shall include a similar
provision in all contracts with subcontractors to this contract.Furthermore, if
Motorola has more than 40 full-time employees within the State of Minnesota on a
single working day during the previous twelve months, Motorola shall comply with
the following Affirmative Action requirements for disabled workers.
Minnesota Rule 5000 .3550, DISABLED INDIVIDUALS AFFIRMATIVE
ACTION CLAUSE.
The contractor shall not discriminate against any employees or applicants
for employment because of physical or mental disability in regard to any
position for which the employee or applicant for employment is qualified.
Motorola agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled individuals without
discrimination based upon their physical or mental disability in all
employment practices such as the recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
2.Motorola agrees to comply with the rules and relevant orders of the
Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
3.In the event of Motorola's noncompliance with the requirements of this
clause, actions for noncompliance may be taken in accordance with Minn.
Stat.§ 363.073 and the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human
Rights Act.
4.Motorola agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the
commissioner of the Minnesota Department of Human Rights. Such notices
shall state Motorola's obligation under the law to take affirmative action to
employ and advance in employment qualified disabled employees and
applicants for employment, and the rights of applicants and employees.
5.Motorola shall notify each labor union or representative of workers with
which it has a collective bargaining agreement or other contract
understanding ,that Motorola is bound by the terms of Minn. Stat. § 363.073
of the Minnesota Human Rights Act and is committed to take affirmative
action to employ and advance in employment physically and mentally
disabled individuals.
M.SOVEREIGN IMMUNITY. Owner does not waive its sovereign immunity by
Contract No. 07-13470/CR Page 39
COMMUNICATIONS SYSTEM AGREEMENT
entering into this Agreement and fully retains all immunities and defenses provided
by law with regard to any action based on this Agreement.
N.CONFORMANCE WITH STATE AND FEDERAL LAWS AND
REGULATIONS.Motorola and Owner each agree to comply with all Minnesota
and Federal laws and regulations that are applicable to this Agreement ,including
those not specifically mentioned in the Agreement.
0.NOTICES .Unless otherwise stated in this Agreement, notices authorized or
required under this Agreement must be in writing and sent to the below address:
Owner Motorola, Inc.
Mark VandenBerghe Motorola Project Manager
Eden Prairie Fire Department 2900 W. County Road 42
14800 Scenic Heights Road Burnsville, MN 55337
Eden Prairie, MN 55344 Fax: (952) 942-3510
Telephone: (952) 949-8368
Email:
mvandenberghe@edenprairie.org
Fax:
With a copy to:
Richard F. Rosow
Gregerson Rosow Johnson &
Nilan, LTD
1600 Park Building
650 Third Avenue South
Minneapolis ,MN 55402
With a copy to:
Commercial Counsel
Motorola, Inc.
Law Dept. - Networks & Enterprise
1301 E. Algonquin Road
Schaumburg, IL
(847) 576-3153
(847) 576-0721 (fax)
P.AMENDMENTS TO AGREEMENT. This Agreement may be modified only by
written amendment duly executed by authorized officials of the Owner and
authorized representatives of Motorola. Every amendment shall specify the date on
which its provisions shall be effective.
Q•LICENSING AND ACCREDITATION.Motorola shall obtain and pay for all
permits ,licenses (excluding FCC licenses )and approvals necessary for its
performance under this Agreement .Owner shall obtain and pay for all permits,
licenses (including FCC licenses )and approvals necessary for its performance
under this Agreement .In no event shall Motorola or its employees be an agent or
representative of the Owner in FCC matters.Motorola represents to Owner that
Motorola is qualified to do business in Minnesota and that Motorola has obtained
Contract No. 07-13470/CR Page 40
COMMUNICATIONS SYSTEM AGREEMENT
any necessary permits or licenses to do business in Minnesota.
R.PREVAILING WAGE.Motorola shall comply with the provisions of the
Minnesota prevailing wage law,Minnesota Statutes Sections 177.21 through
177.44.
S.CONFLICT OF INTEREST. No official or employee of Owner and no other
public official of the State of Minnesota who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of this
Agreement shall, prior to the completion of the Project, voluntarily acquire any
personal interest, direct or indirect, in this Agreement.
Motorola covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of its services hereunder.Motorola further covenants that, in the
performance of this Agreement, no person having any such known interests shall be
employed.
Owner may, by written notice to Motorola, terminate the right of Motorola to
proceed under this Agreement if it is found by Owner that gratuities in the form of
entertainment, gifts, or otherwise were offered or given by Motorola or any
employee, agent, or representative of Motorola to any officer, employee or member
of Owner or the MESB with a view toward securing this Agreement, or securing
favorable treatment with respect to the award or amendment of this Agreement or
the making of any determinations with respect to the performance of this
Agreement.
T.PUBLICITY.Any publicity given to the program or services provided herein,
including but not limited to, notices ,information pamphlets ,press releases,
research, reports, signs, and similar public notices prepared by or for Motorola,
shall identify Owner and the MESB as the sponsors and shall not be released prior
to approval by the Project Directors.
U.DEBARMENT, SUSPENSION AND RESPONSIBILITY.In accordance with
Minnesota Statute § 161 .315 and Minnesota Rules 1230.3000 -4300,Motorola
hereby certifies that it and its principals:
1.Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any state
department or agency;
2.Have not within a three-year period preceding this Agreement been
convicted of a contract crime, including a violation of state or federal
antitrust law,fraud,theft,embezzlement,bribery,forgery,
misrepresentation,making false statements, falsification or destruction of
records, or other criminal offense in connection with obtaining, attempting
Contract No. 07-13470/CR Page 41
COMMUNICATIONS SYSTEM AGREEMENT
to obtain, or performing a public or private contract or subcontract; and that
Motorola has not had a conviction imputed to it pursuant to Minn. R.
1230.3300;
3.Are not presently indicted or otherwise criminally charged by a
governmental entity for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public
transaction or contract under a public transaction; violating any federal or
State anti-trust statutes;or committing embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements,
falsification or destruction of records;
4.Have not within a three-year period preceding this Agreement employed a
former principal of a debarred or suspended business or person as an
officer,director,manager, or in another significant decision-making
capacity;
5.Is not owned by or associated in a joint venture with a debarred or
suspended business or controlled by a principal or former principal of a
debarred or suspended business;
6.Is not a business in which a former principal of a debarred or suspended
business has a significant financial interest where the former principal has
the authority to or will control, direct, manage or influence any activities of
the business with respect to this Agreement;
7.Will not subcontract with or purchase materials or services concerning this
Contract from a debarred or suspended person or business.
Actions resulting in violations of this certification shall constitute grounds for
termination of this Agreement by Owner.
V.DELIVERY OF REQUIRED DOCUMENTS.Upon executing this Agreement,
Motorola shall deliver to Owner such bonds, certificates of insurance ,and other
certifications and representations as Motorola is required to furnish in accordance
with the Contract Documents.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Contract No. 07-13470/CR Page 42
COMMUNICATIONS SYSTEM AGREEMENT
MOTOROLA, having signed this contract, and having duly approved
this contract on the day of ,200_, and pursuant to such approval, the
proper CITY officials having signed this contract, the parties hereto agree to be bound by the
provisions herein set forth.
CITY OF EDEN PRAIRIE MOTOROLA, INC.
By:By:
Phil Young John P. Molloy
Its:Mayor Its:MSSI Vice President
Date:Date:
By:
Scott H. Neal
Its:City Manager
Date:
Contract No. 07-13470/CR Page 43
COMMUNICATIONS SYSTEM AGREEMENT
EXHIBIT A
SOFTWARE LICENSE AGREEMENT
In this Exhibit A, the term "Licensor means Motorola, Inc., by and through its Networks &
Enterprise,Government & Commercial Markets division ("Motorola ); "Licensee,means the
City of Eden Prairie, Minnesota; "Primary Agreement means the agreement to which this exhibit
is attached; and "Agreement means this Exhibit and the applicable terms and conditions
contained in the Primary Agreement. The Parties agree as follows:
Section 1 SCOPE
Licensor will provide to Licensee proprietary software, or radio communications, computer, or
other electronic products, or both ("Products ) containing embedded or pre-loaded proprietary
software."Software means proprietary software in object code format, and adaptations,
translations, de-compilations, disassemblies, emulations, or derivative works of the software, and
may contain one or more items of software owned by a third party supplier ("Third Party
Software ).Product and Software documentation that specifies technical and performance
features and capabilities, and the user, operation and training manuals for the Software (including
all physical or electronic media upon which this information is provided) are collectively referred
to as "Documentation.This Agreement contains the terms and conditions pursuant to which
Licensor will license to Licensee, and Licensee may use, the Software and Documentation.
Section 2 GRANT OF LICENSE
Subject to Section 1, Licensor hereby grants to Licensee a personal, non-transferable (except as
permitted in Section 8 below), limited, and non-exclusive license under Licensor's applicable
proprietary rights to use the Software and related Documentation for the purposes for which they
were designed and in accordance with the terms and conditions of this Agreement. The license
does not grant any rights to source code.
Section 3 LIMITATIONS ON USE
3.1.Licensee may use the Software only for Licensee's internal business purposes and only in
accordance with the Documentation.Any other use of the Software is strictly prohibited.
Licensee may not for any reason modify, disassemble, peel components, decompile, otherwise
reverse engineer or attempt to reverse engineer, derive source code, create derivative works from,
adapt, translate, merge with other software, copy, reproduce, distribute, or export any Software or
permit or encourage any third party to do so, except that Licensee may make one copy of Software
provided by Licensor to be used solely for archival, back-up, or disaster recovery purposes.
Licensee must reproduce all copyright and trademark notices on all copies of the Software and
Documentation.
3.2.Licensee may not copy onto or transfer Software installed in one Product device onto
another device.Notwithstanding the preceding sentence, Licensee may temporarily transfer
Software installed on one device onto another if the original device is inoperable or
malfunctioning, if Licensee provides written notice to Licensor of the temporary transfer and the
Contract No. 07-13470/CR Page 44
COMMUNICATIONS SYSTEM AGREEMENT
temporary transfer is discontinued when the original device is returned to operation.Upon
Licensor's written request, Licensee must provide to Licensor a written list of all Product devices
in which the Software is installed and being used by Licensee.
3.3.Concerning Motorola's Radio Service Software ("RSS ), if applicable, Licensee must
purchase a copy for each location at which Licensee uses RSS.Licensee's use of RSS at an
authorized location does not entitle Licensee to use or access the RSS remotely. Licensee may
make one additional copy for each computer owned or controlled by Licensee at each authorized
location.Upon Licensor's written request, Licensee must provide to Licensor a written list of all
locations where Licensee uses or intends to use RSS.
Section 4 OWNERSHIP AND TITLE
Title to all copies of Software will not pass to Licensee at any time and remains vested exclusively
in the copyright owner. The copyright owner owns and retains all of its proprietary rights in any
form concerning the Software and Documentation, including all rights in patents, patent
applications, inventions, copyrights, trade secrets, trademarks, trade names, and other intellectual
properties (including any corrections, bug fixes, enhancements, updates, or modifications to or
derivative works from the Software whether made by Licensor or another party, or any
improvements that result from Licensor's processes or, if applicable, providing information
services).Nothing in this Agreement is intended to restrict the proprietary rights of Licensor or to
grant by implication or estoppel any proprietary rights.All intellectual property developed,
originated, or prepared by Licensor in connection with providing to Licensee Software, Products,
Documentation, or related services remain vested exclusively in Licensor, and this Agreement
does not grant to Licensee any shared development rights of intellectual property.
Section 5 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Licensor's valuable
proprietary and Confidential Information and are Licensor's trade secrets, and that the provisions
in the Agreement concerning Confidential Information apply.
Section 6 LIMITED WARRANTY
6.1.The Warranty Period for the Software will be one year from the date of Final Acceptance
and for application Software that is provided on a per unit basis, the Warranty Period for
subsequent units licensed is the remainder (if any) of the initial Warranty Period or, if the initial
Warranty Period has expired, the remainder (if any) of the term of the applicable Software
Maintenance and Support Agreement.
6.2.During the applicable Warranty Period, Licensor warrants that the unmodified Software,
when used properly and in accordance with the Documentation and this Agreement, will be free
from a reproducible defect that eliminates the functionality or successful operation of a feature
critical to the primary functionality or successful operation of the Software.Whether a defect
occurs will be determined solely with reference to the Documentation. Licensor does not warrant
that Licensee's use of the Software or Products will be uninterrupted or error-free or that the
Contract No. 07-13470/CR Page 45
COMMUNICATIONS SYSTEM AGREEMENT
Software or the Products will meet Licensee's particular requirements.Warranty claims are
described in the Primary Agreement.
6.3.LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, unless stated otherwise in the Primary Agreement.THE
TRANSACTION COVERED BY THIS AGREEMENT IS A LICENSE AND NOT A SALE OF
GOODS.
Section 7 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 8 TRANSFERS
Other than a transfer to a joint powers entity consisting of the Owner and its cities that have public
safety agencies, or a similar entity representing these units of government, Licensee will not
transfer Software or the related Documentation to any third party without Licensor's prior written
consent, which consent may be withheld in Licensor's reasonable discretion and which may be
conditioned upon the transferee paying all applicable license fees and agreeing to be bound by this
Agreement.Notwithstanding the preceding sentence, if Licensee transfers ownership of radio
Products to a third party, Licensee may assign its rights to use the Software (other than Radio
Service Software and Motorola's FLASHport® Software) embedded in or furnished for use with
those radio Products; if Licensee transfers all copies of the Software and the related
Documentation to the transferee, and the transferee executes a transfer form to be provided by
Licensor upon request (which form obligates the transferee to be bound by this Agreement).
Written notification of transfer to a joint powers entity consisting of the Owner and its cities that
have public safety agencies, or a similar entity representing these units of government shall be
provided to Motorola no less than thirty (30) days prior to such transfer and such transfer shall be
subject to payment of applicable license fees.All transferees must agree to be bound by this
Agreement.
Section 9 TERM AND TERMINATION
Licensee's right to use the Software and Documentation will begin when this Agreement is
mutually executed by both parties and will continue during the life of the Products in which the
Software is used, unless Licensee breaches this Agreement in which case it will be terminated
immediately upon notice by Licensor.Licensee acknowledges that Licensor has made a
considerable investment of resources in the development, marketing, and distribution of its
proprietary Software and Documentation and that reasonable and appropriate limitations on
Licensee's use of the Software and Documentation are necessary for Licensor to protect its
investment, trade secrets, and valuable intellectual property rights concerning the Software and
Documentation,Licensee also acknowledges that its breach of this Agreement will result in
irreparable harm to Licensor for which monetary damages would be inadequate. In the event of a
breach of this Agreement and in addition to termination of this Agreement, Licensor will be
entitled to all available remedies at law or in equity (including immediate injunctive relief and
Contract No. 07-13470/CR Page 46
COMMUNICATIONS SYSTEM AGREEMENT
repossession of all non-embedded Software and associated Documentation unless Licensee is a
Federal agency of the United States Government), subject to the liability limits of Minnesota
Statutes Chapter 466.Within thirty (30) days after termination of this Agreement, Licensee must
certify in writing to Licensor that all copies of the Software and Documentation have been
returned to Licensor or destroyed and are no longer in use by Licensee.
Section 10 NOTICES
Notices are described in the Primary Agreement.
Section 11 UNITED STATES GOVERNMENT LICENSING PROVISIONS
If Licensee is the United States Government or a United States Government agency, then this
section also applies.Licensee's use ,duplication or disclosure of the Software and Documentation
under Licensor's copyrights or trade secret rights is subject to the restrictions set forth in
subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at
FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of
Defense. If the Software and Documentation are being provided to the Department of Defense,
Licensee's use ,duplication, or disclosure of Software and Documentation is subject to the
restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 (OCT 1988), if applicable.The Software and
Documentation may or may not include a Restricted Rights notice, or other notice referring to this
Agreement. The provisions of this Agreement will continue to apply, but only to the extent that
they are consistent with the rights provided to the Licensee under the provisions of the FAR or
DFARS mentioned above, as applicable to the particular procuring agency and procurement
transaction.
Section 12 GENERAL
12.1.COPYRIGHT NOTICES.The existence of a copyright notice on the Software will not be
construed as an admission or presumption that public disclosure of the Software or any trade
secrets associated with the Software has occurred.
12.2.COMPLIANCE WITH LAWS.Licensee will comply with all applicable laws and
regulations ,including export laws and regulations of the United States. Licensee will not ,without
the prior authorization of Licensor and the appropriate governmental authority of the United
States ,in any form export or re -export, sell or resell ,ship or reship ,or divert ,through direct or
indirect means, any item or technical data or direct or indirect products sold or otherwise
furnished to any person within any territory for which the United States Government ,or any of its
agencies ,at the time of the action ,requires an export license or other governmental approval.
Violation of this provision will be a material breach of this Agreement ,permitting immediate
termination by Licensor.
12.3.ASSIGNMENTS.Licensor may assign any of its rights or subcontract any of its
obligations under this Agreement, or encumber or sell any of its rights in any Software, without
prior notice to or consent of Licensee.
Contract No. 07-13470/CR Page 47
COMMUNICATIONS SYSTEM AGREEMENT
12.4.GOVERNING LAW. This Agreement will be governed by the laws of the United States
to the extent that they apply and otherwise by the laws of the State of Minnesota.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
Contract No. 07-13470/CR Page 48
COMMUNICATIONS SYSTEM AGREEMENT
ASSIGNMENT OF RIGHTS
UNDER MOTOROLA END-USER SOFTWARE LICENSE AGREEMENT
BY
WHEREAS,("") has signed a Motorola End-User
Software License Agreement covering Motorola Software provided to along
with Motorola radio communication products; and
WHEREAS,desires to transfer certain of these products to
identified below (the "End User"); and
WHEREAS,and End User must execute this Assignment prior to the transfer of
such products to the End User so that the End User will have the right to use the Motorola
Software embedded in or furnished for use with the products;
NOW, THEREFORE,hereby assigns to the End User 's rights to use
the Motorola Software provided with all Motorola products transferred from to the
End User.agrees that it will transfer all copies of such Motorola Software to the End
User.
The End User hereby accepts assignment of 's rights to use such Motorola Software and
agrees to be bound by the terms of the Motorola End User Software License Agreement identified
above. In particular, the End User agrees that it will not use any Radio Service Software or other
Motorola Software to program or reprogram the Motorola products it receives from
except as authorized by Motorola.
End User:
(please print name )(please print name)
By:By:
(please sign here )(please sign here)
Title:Title:
Address:
Telephone:
Date:Date:
Please mail a fully executed copy of this Assignment to Motorola at the following address:
Motorola, Inc.; Networks & Enterprise Technical Assets Manager, Room 2305; 1301 E.
Algonquin Road; Schaumburg, IL 60196.
Contract No: 07-13470/CR Page 49
COMMUNICATIONS SYSTEM AGREEMENT
Note: The exhibits to this agreement are voluminous and are not included in this packet. They are
available for review in the Office of the City Manager, 952.949.8412.
Contract No: 07-13470/CR Page 50
CITY COUNCIL AGENDA DATE:
December 3, 2007
SECTION: Consent Calendar
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.M.
George Esbensen
Fire Department Award Bid for Public Safety Answering Point
Three-position Console Configuration Purchase
Requested Action
Move to: Approve the purchase of three-position console configuration for the dispatch area
from Watson Dispatch Center for the agreed to pricing of $87,194.57.
Synopsis
Over the course of the past four years the city has been working on a transition plan to move to
the Regional Radio System (ARMER). Movement to this system will allow our city to operate
seamlessly in multi jurisdictional and multi-discipline emergency scenes.
Background
Money for this project was budgeted previously for use in the 2008 CIP process.
Attachments
Quote
^ATSOrV
W
DISPATCH
STATEMENT OF UNDERSTANDING
Client:City of Eden Prairie
Contact Name:Phone (Z
Email Address:Fax ()
Delivery Address:
Desired Installation Date :(Standard Lead Times are 45-60 Days
from Shipment of Furniture, after
Receipt of Complete Order.)
COMPLETE ORDER :
Watson Furniture Group requires all of the below items before an Order can be turned into
Production to secure the Ship Date. The "Complete Order" includes:
•Signed Color Selection Sheet
•Signed 2-Dimensional Drawings
•Signed 3-Dimensional Drawings
•Purchase Order and/or Signed Contract
•Signed Statement of Understanding
WARRANTY :
Delivery and Installation (of Watson consoles only) will be done by factory trained installers.
If installation not completed by a Factory Trained Installer, Warranty is Void.
Watson Furniture Group products are warranted to be free from defects in material and
workmanship for a period of five (5) years (based on 24 hour use )from date of Invoice.
Warranty includes all parts, shipping ,and installation of any defective Watson part .(Please
see Warranty Statement.)
CHANGE ORDERS :
Once a Complete Order has been turned into Watson Furniture Group, the client will have 5
business days to make any changes to the layout of the furniture, the colors of the furniture
or the order in general. After 5 days, Watson may charge a Change Order Fee of a minimum
of $500. At this time, a revised quote and revised drawings will be issued. The Revised
Drawings will have to be signed by the customer as approved and returned to Watson with an
updated Purchase Order or a Change Order. The five (5) day grace period will begin again
with acceptance of Revised Drawings and Quote.
Watson Furniture Group
26246 Twelve Trees Lane NW • Poulsbo ,WA 98370
(800) 426-1202 • (360) 394-1300 • Fax (360) 394-1323 • watsonfurniture.com
DELIVERY :
Watson Furniture Group will plan the Delivery and Installation of Dispatch Console Furniture
based on Date given by the Customer above. The date given is in understanding that the
room where the furniture will be installed will be ready for Delivery and Installation of Console
Furniture.
If the room is not ready by specified date, Watson will need to have at least three (3) weeks
notice to Re-Schedule the Delivery and Installation of Dispatch Console Furniture. If three (3)
weeks notice is not given, the customer must inform Watson if they want to Accept Delivery
of Furniture and store themselves, or if they would like Watson to store the furniture for
them.Watson will charge a weekly storage fee of a minimum of $300 which will be added to
the Final Invoice.
I understand and agree to the Above Stated Terms.
Client Date
Watson Furniture Group
26246 Twelve Trees Lane NW ♦Poulsbo ,WA 98370
(800) 426 -1202 ♦ (360) 394 -1300 ♦Fax (360) 394-1323 ♦watsonfurniture.com
This material may not be reproduced In any form without prior written permission by Watson Furniture Group. Field verify all dimensions prior to purchase or Installation of product. PDF print may not be to scale
Watson Furniture Group guarantees our AutoCAD product symbols to be correct .The accuracy of the building plan dimensions ,features.etc. provided to Watson remains the agent or customer's responsibility
CONSOLES FOR HEROES
WATSON DISPATCH
26246 Twelve Trees Lem
Poulsbo,Washinaon 98370 (800)426-1202
Project:Eden Prairie, City Of
Client:Communication District
Location:Eden Prairie. MN
Project Manager:AJS
Approved Date
Drawn By:Date :Checked By:Date:
JLM 11/14/7
File:
Eden PrairieCO-N-31
Scale:
NTS
OPTION
Synergy FuilLift Consoles
48/42 Straight 3646 9D° Primary
48-42" Panels -42" Deep System
Rev
PG
OF
This material may not be reproduced In any form without prior written permission by Watson Furniture Group. Field verify al dimensions prior to purchase or Installation of product. PDF print may not beto scale
Watson Furniture Group guarantees our AutoCAD product symbols to be correct .The accuracy of the building plan dlmenslons ,features, etc. provided to Watson remains the agent or customer's responsibility
CONSOLES FOR HEROES
WATSON DISPATCH
26246 Twelve Trees Len.
PouIsbo, Washington 96370 (600) 426-1202
Project:Eden Prairie. City Of
Client:Communication District
Location:Eden Prairie, MN
Project Manager:AJS
Approved Date
Drawn By :Date:Checked By:Date
JLM 11/14107-
File,
EdenPrairieCO-N
Scale
3/16"= 1'
OPTION
Synergy FullLift Consoles
48/42 Straight 3648 90° Primary
48-42" Panels -42" Deep System
Rev
JLM tOltelO) Reconfi-d Sroraga
PG
OF
Q UOTA TION
WATSON
DISPAT CH
QUOTE NUMBER:
Watson Furniture Group
26246 Twelve Trees Lane NW
Poulsbo,WA 98370
Phone :(360) 394-1300 Fax: (360) 394-1323
Toll Free Number (800) 426-1202
Bill To:
CITY OF EDEN PRAIRIE
14800 SCENIC HEIGHTS ROAD
EDEN PRAIRIE, MN 55344
TERMS:NET 30 DAYS
TAX: MINNESOTA SALES TAX 6.5%
PC: ASEARS
QUOTE DATE:
EXPIRATION DATE:
Sold To :04-02990
CITY OF EDEN PRAIRIE
14800 SCENIC HEIGHTS ROAD
EDEN PRAIRIE, MN 55344
CONTACT:MARK
55A 4%NWRGHE
REP: DICK BUSS & ASSOC
Page 1 of 3
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11:11:50AM
Q16537-04
11/15/2007
05/13/2008
Ship To:CITOF55344-01
CITY OF EDEN PRAIRIE
SHIP VIA:CHIPMAN/UNITED VAN LINES
FOB: DESTINATION
FREIGHT :PREPAID
PRICING BASED ON CURRENT HENNEPIN COUNTY CONTRACT WHICH EXPIRES 12/5/2007.
PRICING BASED ON FLOOR PLAN: EDENPRAIRIECO-N.
INSTALLATION CHARGES BASED ON LIVE CUTOVER, ONE TRIP, ONE PHASE, GROUND LEVEL, NO UNION AND/OR
PREVAILING WAGE REQUIREMENT.
CITY OF EDEN PRAIRIE
ITEM 1. (3) SYNERGY FULL LIFT 3648 90 ° CONSOLES
Qty Part Number
DF2S1827X
DF2S1927X
DRP27WXAXXX
DRP27XXAXWX
DTHF2A4848
DTHF2S3042
DTHF2S3642
DTHF2 W 1848
QCCSX30LP
QCCSX30RP
QCIDX30N
QFCSC48CN
QFCSX36LP
QFCSX36RP
QFCT3648
QFIDC48L
QFIDX36L
QFKB3648W
QFPP3648NYWX
Description
FUSION F2 STRAIGHT PANEL,
FUSION F2 STRAIGHT PANEL,
A3 FUSION ROUND POST
A2 FUSION ROUND POST
FUSION TOP HALF PANEL, ARCHED,
FUSION TOP HALF PANEL, STRAIGHT,
FUSION TOP HALF PANEL, STRAIGHT,
FUSION TOP HALF PANEL, WING,
SYNERGY CENTER LIFT CAVITY SHELF,
SYNERGY CENTER LIFT CAVITY SHELF,
SYNERGY CENTER LIFT INSIDE DOOR,
SYNERGY FULL LIFT CAVITY SHELF, CENTER,
SYNERGY FULL LIFT CAVITY SHELF, EXTENSIO
SYNERGY FULL LIFT CAVITY SHELF, EXTENSIO
SYNERGY FULL LIFT CAVITY TOP, 36"
SYNERGY FULL LIFT INSIDE DOOR,
SYNERGY FULL LIFT INSIDE DOOR,
SYNERGY FULL LIFT KEYBOARD,
SYNERGY FULL LIFT POWER PRIMARY,
36" EXTENSION, 48" CENTER SECTION, WITH TCS, WRAP
PLATFORM
Net Price Extension
$751.80
$756.00
$220.50
$220.50
$562.80
$886.20
$974.40
$831.60
$501.45
$501.45
$480.89
$244.32
$500.34
$500.34
$1,367.10
$336.57
$646.42
$752.11
$24,227.93
1
QUOTA TION
AT SON
DISPAT CH
QUOTE NUMBER:
3 QFSLCL SYNERGY FULL LIFT SUPPORT LEG, CENTER,
3 QFSLCR SYNERGY FULL LIFT SUPPORT LEG, CENTER,
6 QFSLXC SYNERGY FULL LIFT SUPPORT LEG,
3 QFSLXL SYNERGY FULL LIFT SUPPORT LEG,
3 QFSLXR SYNERGY FULL LIFT SUPPORT LEG,
6 QOD18 SYNERGY OUTSIDE DOOR,18" WIDE
6 QOD30 SYNERGY OUTSIDE DOOR, 30" WIDE
6 QOD36 SYNERGY OUTSIDE DOOR, 36" WIDE
3 QOD48 SYNERGY OUTSIDE DOOR, 48" WIDE
3 QOP23XXXXQCQEXXQDXXXX QN802 SYNERGY OCTAGON POST
3 QOP23XXXXXXQDXXQEQCXX QN801 SYNERGY OCTAGON POST
3 QOP27QBWXAXXXXXXXAXXX QA904 SYNERGY OCTAGON POST
1 QOP27QBWXXXXXQDXXAXXX QA909 SYNERGY OCTAGON POST
3 QOP27QBXXAXXXXXXXAXWX QA905 SYNERGY OCTAGON POST
3 QOP27QDXXXXWXQBXXAXXX QA910 SYNERGY OCTAGON POST
3 QOP42ETDSXXDSETQSAXQW QE238 SYNERGY OCTAGON POST
3 QOP42ETDSXXDSETQSQEXX QE 104 SYNERGY OCTAGON POST
1 QOP42ETDSXXDSETQWAXQS QE239 SYNERGY OCTAGON POST
3 QOP42ETDSXXXXXXXXAXQW QE233 SYNERGY OCTAGON POST
2 QOP42ETDSXXXXXXXXEXQS QE106 SYNERGY OCTAGON POST
3 QOP42ETQWAXXXXXXXXXDS QE231 SYNERGY OCTAGON POST
3 QOP42ETXXQEQSETDSXXDS QE103 SYNERGY OCTAGON POST
2 QOP42QDXXEXXXXXXXXXXX QE109 SYNERGY OCTAGON POST
3 QOP48DSFTQSQEFTDSXXXX QF101 SYNERGY OCTAGON POST
3 QOP48DSXXXXDSFTQEQSFT QF102 SYNERGY OCTAGON POST
3 QSXL4230DX SYNERGY LINEAR EXTENSION TOP,
3 QSXR4230DX SYNERGY LINEAR EXTENSION TOP,
CITY OF EDEN PRAIRIE - ITEM 1. (3) SYNERGY FULL LIFT 3648 900 CONSOLES
TEM 2. STORAGE AND ACCESSORIES
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Q16537-04
$205.80
$205.80
$370.44
$185.22
$185.22
$394.80
$525.00
$588.00
$371.70
$254.10
$254.10
$254.10
$84.70
$254.10
$254.10
$388.50
$388.50
$129.50
$388.50
$259.00
$388.50
$388.50
$259.00
$430.50
$430.50
$448.34
$448.34
$43,997.58
Qty Part Number Description Net Price Extension
6 069214 CHIEF, KCB-110B $3,624.60
1 ASM4866 CONCUR MOBILE SCREEN, MARKERBOARD $635.60
2 BBC2L-83JN BRIO CLOSED BOOKCASE,$2,475.20
1 BBCD-83JN BRIO CLOSED BOOKCASE,$984.20
11 MPBF-22KC MOTO STORAGE PEDESTAL,$7,361.20
2 NSP06-PA-1189 CUSTOM KIT, CHIEF DUAL MONITOR ARM $1,381.80
3 QDAP4 SYNERGY DEPTH ADJUSTMENT PLATFORM,$5,250.00
1 TRN40XX ROTATING RESOURCE, 40" DIAMETER $1,289.25
3 TXXICMHFR HEATER, FOOT REST - TOTAL COMFORT SYSTEM $609.00
6 TXXLDFB FLUORESCENT LIGHT, BLACK (HURON)$1,428.00
3 TXXWW30 DISPATCH FUSION WERK WALL,$491.40
3 WTB4 WERKBIN 4"$92.40
6 WTWT WERKTRAY, 10 X 12 X 3 $159.60
1 XRE2484BX FUSION RECTANGULAR DESK,$665.00
CITY OF EDEN PRAIRIE - ITEM 2. STORAGE AND ACCESSORIES 326,447.25
ITEM 3. DELIVERY AND INSTALLATION
Part NumberQb Net Price Extension
2
Q UO TATION
ATSON
DISPATCH
QUOTE NUMBER:
1 DELCHARGE DELIVER & INSTALL CHARGE
CITY OF EDEN PRAIRIE - ITEM 3 .DELIVERY AND INSTALLATION
$11,428.00
511,428.00
Total Product and Services:$81,872.83
Tax:6.50 $5,321.73
GRAND TOTAL:$87,194.57
1.Taxes are not included. State and Local Taxes will apply unless proof of exemption is provided with the Purchase Order.
2.Deposit may be required with order; Net 30 days of Shipment of Product.
3.Chairs are for representational purposes only.
4.Lead time 60-90 days after receipt of Purchase Order issued to Watson Furniture Group.
5.Completed Order consist of signed Contract or Purchase Order, Signed Drawings, Signed Color Selection Sheet, and Deposit.
6.Change Order Fee (minimum $500) may be applicable after 5 business days of Complete Order submission.
7.Re-Scheduled Delivery & Installation requires 4 week notification.
8. $300 weekly storage fee (added to Invoice) applicable when waiving 4 week Re-scheduling notification.
9. Installation & delivery included on optional items with original product purchase only. If optional items are purchased separately,
additional installation and delivery charges will apply.
3
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Q16537-041
Hennepin
Hennepin County Purchasing and Contract Services
A-2205 Government Center 612-348 -3181, Phone
300 South Sixth Street 612-348 -3886, FAX
Minneapolis ,MN 55487 -0225 www.hennepin.us
November 30, 2006
Watson Furniture Systems
Ms. Lisa Dotterweich
26246 Twelve Tree Lane N.W.
Paulsbo ,WA 98370
CONTRACT EXTENSION
Contract No: 0911A7
For. Radio Communications Technical Console Furnishings
For Hennepin County Sheriffs Communications
Extension Period :December 6 ,2006 through December 5, 2007
Buyer.Sandra Beckey
Dear Ms. Dotterweich:
The above-referenced contract has been extended for the period indicated in the contract
extension letter dated November 8, 2006.
Please proceed under the teens of the contract.
Contact the buyer Sandra Beckey, (612) 348-8428, if you have any questions about this extended
contract.
nn R. Littlejo
Purchasing Manager
bes
An Equal Opportunity Employer Recycled Paper
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vacation 07-08 ITEM NO.: IX.A.
Denise Christensen Vacation of part of the Drainage and
Utility Easement over part of Lot 1 and
Public Works / Engineering Lot 2, Block 1, Lariat Center
Requested Action
Move to:
•Close the public hearing; and
•Adopt the resolution vacating part of the Drainage and Utility Easement over part of Lot 1
and Lot 2, Block 1, Lariat Center.
Synopsis
The Property Owner has requested the vacation of a part of the Drainage and Utility Easement
over part of Lot 1 and Lot 2, Block 1, Lariat Center to facilitate building expansion.
Background Information
The easement was originally dedicated to cover City owned watermain. The watermain has been
relocated and a new easement has been dedicated.
Attachments
•Resolution
•Location Map
•Site Plan
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT
OVER PART OF LOT 1 AND LOT 2, BLOCK 1, LARIAT CENTER
VACATION 07-08
WHEREAS , the City of Eden Prairie has (a) certain Drainage and Utility Easement described as
follows:
That part of the 20.00 foot wide drainage and utility easement over Lot 1 and Lot 2, Block 1,
LARIAT CENTER,according to the plat of record in the Office of the County Recorder,
Hennepin County,Minnesota,being 10 .00 feet perpendicular to, parallel with and on each
side of the following described centerline :Commencing at the northeast corner of said Lot
1; thence along the north line of said Lot 1 on an assigned bearing of South 88 degrees 31
minutes 21 seconds West a distance of 10.02 feet to a line being 10 .00 feet west of,
perpendicular to, and parallel with the east line of said Lot 1;thence South 01 degrees 04
minutes 46 seconds West parallel with the east line of said Lot 1 a distance of 20.02 feet to
the point of beginning ;thence continue South 01 degrees 04 minutes 46 seconds West
parallel with the east line of said Lot 1 a distance of 167.36 feet to the centerline of the east-
west drainage and utility easement according to said plat of LARIAT CENTER ; thence
South 88 degrees 36 minutes 54 seconds East along said centerline of the east -west drainage
and utility easement a distance of 160 .91 feet and there terminating.
WHEREAS, a Public Hearing was held on December 3, 2007 after due notice was given to
affected property owners and published in accordance with M.S.A. 412.85 1; and
WHERAS, the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility Easement has no relationship to the comprehensive municipal plan;
and
WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary
and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE ,BE IT RESOLVED by the Eden Prairie City Council as follows:
1.Said Drainage and Utility Easement as described above is hereby vacated.
2.The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on December 3, 2007.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta ,City Clerk
SITE
PRIMROSE
%P'
M^CO
BLVD..
..........
VAC 07-08
TECHNOLOGY DR.
LOCATION MAP
EASEMENT EXHIBIT A
LARIAT CENTER WATERMAIN
8335 CRYSTAL VIEW ROAD
EDEN PRAIRIE ,MINNESOTA 55344
COMMONWEALTH
S88'31'21"W I
2.58
NORTH LINE OF LOT 1 -NE CORNER
OF LOTI
588'31'21 "W 134.45
10.02
I
EASEMENT DESCRIPTION (TO BE VACATED):
That part of the 20.00 foot wide drainage and utility easement over Lot 1
and Lot 2, Block 1, LARIAT CENTER,according to the plat of record in the
Office of the County Recorder,Hennepin County,Minnesota ,being 10 .00 feet
perpendicular to, parallel with and on each side of the following described
centerline :Commencing at the northeast corner of said Lot 1; thence along
the north line of said Lot 1 on an assigned bearing of South 88 degrees 31
minutes 21 seconds West a distance of 10.02 feet to a line being 10.00
feet west of, perpendicular to, and parallel with the east line of said Lot 1;
thence South 01 degrees 04 minutes 46 seconds West parallel with the
east line of said Lot 1 a distance of 20.02 feet to the point of beginning;
thence continue South 01 degrees 04 minutes 46 seconds West parallel with
the east line of said Lot 1 a distance of 167.36 feet to the centerline of
the east -west drainage and utility easement according to said plat of
LARIAT CENTER;thence South 88 degrees 36 minutes 54 seconds East
along said centerline of the east-west drainage and utility easement a
distance of 160.91 feet and there terminating.
REVISED 2F8epbmber-2007
Al previous coplee are vdd and should be destroyed
FLE Filael Rojo*M04W.O12We0ri7O12s ®eeeMELdei LAYOUT: EASB EWTVACATED EXHBRA
SCALER 20 DATEMME. Sep21,2007. 12O l1
US9C NIPO XREF(.r.
Scale
0 30
N
in feet
60 90
IL "Engineers - Surveyors
0 I Landscape Architects
1 Hansen Thorp Pellinen Olson Inc.
7510 Market Place Drive
Eden Prairie ,MN 55344-3644
(952) 829 -0700 FAX (952) 829-7806
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.B.
Sue Kotchevar, Office of the Resolution Approving the 2008 to 2012
City Manager/Finance Capital Improvement Plan
Requested Action
Move to:
•Close the public hearing; and
•Adopt Resolution approving the 2008 to 2012 Capital Improvement Plan
Synopsis
In 2003, the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to
issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition
or betterment of public lands, buildings or other improvements for the purpose of a city hall,
public safety facility, and public works facility. The law requires a public hearing and council
adoption of the plan. Also, it is a good management practice to prepare and adopt a capital
improvement plan.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION ADOPTING THE 2008 TO 2012 CAPITAL IMPROVEMENT PLAN
WHEREAS, during the course of the preparation and review of the 2008 to 2012
Capital Improvement Plan (the CIP) the City Council (the Council) of the City of Eden Prairie,
Minnesota (the City) has considered, for each capital improvement and for the CIP overall: the
condition of the City's existing infrastructure, including the projected need for repair or
replacement; the likely demand for the improvement; the estimated cost of the improvement; the
available public resources; the level of overlapping debt in the City; the relative benefits and
costs of alternative uses of the funds; operating costs of the proposed improvements; and
alternatives for providing services most efficiently through shared facilities with other cities or
local government units; and
WHEREAS, the CIP covers at least a five-year period beginning with the date of its
adoption; sets forth the estimated schedule, timing, and details of specific capital improvements
by year, together with the estimated cost, the need for the improvement, and sources of revenue
to pay for the improvement.
WHEREAS ,a public hearing regarding the proposed plan was held on December 3rd,
2007 at 7:00 p.m. in the City Council Chambers; and
WHEREAS ,it is in the best interests of the City to approve the plan.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE,that the City Council hereby approves the 2008 to 2012 Capital
Improvement Plan.
2007.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 3, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.C.
Office of the City Manager/Fee Schedule OrdinanceFinance, Sue Kotchevar
Requested Action
Move to:
•Close the Public Hearing; and
•Approve 1St Reading of the Ordinance Updating the Fee Schedule for Administration
of Official Controls.
Synopsis
This Ordinance establishes a fee schedule for the City's costs in administering Official Controls
pursuant to Minnesota Statutes Section 462.353, Subd. 4.
Background Information
Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred
by it in reviewing, investigating, and administering an application for an amendment to an
Official Control or other approval required under an Official Control.
Minnesota Statute defines an "Official Control as ordinances or regulations which control the
physical development of a city and implement the general objectives of the comprehensive plan.
Official Controls may include ordinances establishing zoning, subdivision controls, site plan
regulations, sanitary codes, building codes and official maps.
Attachment
Proposed Ordinance
Report of Changes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE
TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR
REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR
AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1 .City Code Chapter 25 is amended by adding section "Fee Schedule
for Administration of Official Controls.The following fees are prescribed for the
review, investigation and administration of an application for an amendment to an official
control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an
application for a permit or other approval required under an official control established
pursuant to those sections:
SERVICE FEE DESCRIPTION
BUILDING INSPECTIONS
Building Permit -Valuation
$1 to $500 $30.00
$501 to $2,000 $30.00 1St $500 plus $3.65 each add'l $100 or
fraction thereof, to & including $2,000
$2,001 to $25,000 $84.75 1St $2,000 plus $16.60 each add'l $1,000
or fraction thereof, to & including
$25,000
$25,001 to $50,000 $466.55 1St $25,000 plus $12.15 each add'l
$1,000 or fraction thereof, to &
including $50,000
$50,001 to $100,000 $770.30 1St $50,000 plus $8.50 each add'l $1,000
or fraction thereof, to & including
$100,000
$100,001 to $500,000 $1,195.30 1St $100,000 plus $6.80 each add'l
$1,000 or fraction thereof, to &
including $500,000
$500,001 to $1,000,000 $3,915.30 1St $500,000 plus $5.60 each add'l
$1,000 or fraction thereof, to &
including $1,000,000
$1,000,001 & up $6,715.30 1St $1,000,000 plus $4.55 each add'l
$1,000 or fraction thereof
SERVICE FEE DESCRIPTION
Buildin g Permit Other Ins p ections & Fees
Plan checking 65% of the building permit fee if
valuation is greater than $10,000
Reinspection $50.00 Per hour
Demolishing or Razing $100.00
Buildings - Commercial
Building
Demolishing of Razing $25.00
Buildings - House
Demolishing or Razing $10.00
Buildings - Garage
Demolishing or Razing $10.00
Buildings - Accessory
Building
Demolishing or Razing $25.00
Buildings - Interior
Demo
Demolishing or Razing $25.00
Buildings - Exterior
Demo
Cash Park Fee
Single Family Unit $6,000.00 Per unit
All other residential $5,000.00 Per unit
Office, Commercial,$11,000.00 Per acre
Industrial
DEVELOPMENT
Community Develo p ment De p osit
0 to 40 Acres $3,600.00 A development deposit agreement is
required for planned unit developments,
planned unit development amendments,
rezoning, platting, site plan review,
guide plan changes and environmental
assessment worksheets
41 to 80 acres $3,925.00
81+ acres $4,475.00
Guide Plan Char ge $610.00 Plus $5.00 per acre
Planned Unit $670.00 Plus $5.00 per acre
Development (P.U.D)
Fee
Planned Unit $670.00 Plus $5.00 per acre
Development
Amendment
Platting
Residential-0 to 10 units $435.00 Plus $5.00 per unit
Residential-11 or more $545.00 Plus $5.00 per unit
2
SERVICE FEE DESCRIPTION
Commercial, Industrial,$435.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
Commercial, Industrial,$560.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
Site Plan Review
Administrative $300.00
Site Plan Review (City Council)
Multi-Family-0 to 10 $430.00 Plus $5.00 per unit
units
Multi-Family-11 or $535.00 Plus $5.00 per unit
more units
Commercial, Industrial,$430.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
Commercial, Industrial,$550.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
ZONING
Commercial ,Industrial,Office, Public
0-3 acres $435.00 Plus $25.00 per acre
3.1 or more acres $550.00 Plus $25.00 per acre
Residential
0-10 units $435.00 Plus $5.00 per unit
11 or more units $550.00 Plus $5.00 per unit
Shoreland Mana gement Ordinance Permits
Temporary structure in $70.00
public waters
Change in structure in $70.00
public waters
Multiple dock or dock $70.00
excess of 75'
Zonin g Amendment and Zoning App eal
Zoning amendment $230.00 Appeal to Board of Adjustments and
Appeals
Variances Residential $325.00 Includes residential zoned properties for
new construction, building additions,
decks, porches, garages, accessory
structures and variances from all
chapters of the City Code
Variances Other $535.00 Includes variances associated with
properties zoned office, industrial,
commercial and residential
3
SERVICE FEE DESCRIPTION
Variances Building or $230.00
Fire Code Appeal
ZONING-TELECOMMUNICATIONS
Commercial Wireless Communications towers and/or antennas
Administrative $255.00 Towers and/or antennas meeting code
located on private property
Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property
Letter of Intent $1,000.00 Deposit for Additional funds may be required if the
legal/consultant costs balance in the deposit account is
inadequate to pay for all of the fees and
costs incurred
Variances required for See Development Fees
tower and/or antennas
Site Plan Review See Development Fees
required for tower
and/or antennas
ENGINEERING
Environmental $300.00 Plus $5.00 acre
Assessment Worksheet
(E.A.W.)
Excavation &Gradin g -Gradin g Permit Fee
101 to 1,000 cubic yards $44.00 1St 100 cubic yards, plus $21.20 for each
add'l 100 cubic yards or fraction thereof
1,001 to 10,000 cubic $235.00 1St 1,000 cubic yards, plus $18.00 for
yards each add'l 1,000 cubic yards or fraction
thereof
10,001 to 100,000 cubic $398.00 1St 10,000 cubic yards, plus $81.00 for
yards each add'l 10,000 cubic yards or fraction
thereof
100,001 or more $1,124.00 1St 100,000 cubic yards, plus $43.30 for
each add'l 10,000 cubic yards or fraction
thereof
Additional plan review $36.00*Per hour / Minimum charge is one half
fees hour required by changes, additions or
revisions to approve plans
Inspections outside $62.00*Per hour / Minimum charge is two hours
normal business hours
Reinspection fee $62.00 Each
Inspection for which no $62.00*Per hour / Minimum charge is one half
fee is specifically hour
indicated
Additional plan review $62.00*Per hour / Minimum charge is one half
required for changes,hour
additions, or revisions to
approved plans
4
SERVICE FEE DESCRIPTION
*These fees are the greater of the fee stated or the total hourly cost of jurisdiction. This cost
shall include supervision ,overhead ,equipment,hourly wages and fringe benefits of the
emp loyees involved.
Excavation &Gradin g -Plan Checkin g Fee
101 to 1,000 cubic yards $44.00
1,001 to 10,000 cubic $61.00
yards
10,001 to 100,000 cubic $61.00 1St 10,000 cubic yards, plus $30.80 for
yards each add'l 10,000 cubic yards or fraction
thereof
100,001 to 200,000 $338.00 1St 100,000 cubic yards, plus $16.90 for
cubic yards each add'l 10,000 cubic yards or fraction
thereof
200,001 cubic yards or $490.00 1St 200,000 cubic yards, plus $8.45 for
more each add'l 10,000 cubic yards or fraction
thereof
Additional plan review $36.00 Per hour / Minimum charge is one half
fees hour, required by changes, additions or
revisions to approve plans
Public Ri ght-of Way or Easement Vacation
Application Fee $279.00 Per transaction / for vacating the City's
interest in real property, including right-
of-way and easement's (for consultation,
review, notice mailing, publication of
notice and recording)
Signs
Up to 30 sq ft in size $62.00
31 sq ft through 50 sq ft $82.00
in size
51 sq ft through 80 sq ft $103.00
in size
81 sq ft or over $129.00
Charge for returning $10.00
picked up signs
** The surface of double or multi-forced signs shall be combined for the purpose of determining
the amount of the fee.
En gineerin g -Land Develo p ment Services
For consultants, utility and street plans and specifications, general and final inspections of
improvements and special assessment division.
Final Plan Review, Contract Administration ,and Ins p ection Review
5% multiplied by the Not applicable to projects built by city
total construction cost through special assessment. Cost
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
5
SERVICE FEE DESCRIPTION
payable prior to start-up.
Final Plat
Residential $56.00 Per unit / Minimum $320.00 plus cost of
review by special assessment. Costs
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
payable prior to start-up.
Commercial, Industrial,$134.00 Per acre / Minimum $320.00
Office and Public
Administrative Land $71.00
Division
LGU Review
Min. payment is $250.$75.00 An hour
Plus cost of review by
special consultants
necessary as determined
by the City Manager.
Deposit required.
Payment is due after
completion of site
review activities, plan
review and/or prior to
release of plat
LGU Dep osit-Plan Review
An LGU deposit $3,000.00
agreement is required
for wetland alteration,
wetland replacement,
wetland restoration
and/or wetland bank
plan reviews
LGU Dep osit -Site Review
An LGU deposit $1,000.00
agreement is required
for site review and/or
wetland delineation
review
Section 3 .City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation is hereby adopted in its
entirety by reference, as though repeated verbatim herein.
Section 4 .This Ordinance shall become effective January 1, 2008.
6
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
3rd day of December ,2007, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of December, 2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
7
2008 Ordinances - Changes
BUILDING INSPECTIONS
Building Permit -Valuation
$1 to $500
SERVICE DESCRIPTION 2006 2007 2008
%Change
07 to 08
30.00 30 .00 30.00 0.090
30.00 30.00 30.00 0.0%
81.75 81.75 84.75 3.7%
441.70 441.70 466.55 5.696
727.95 727.95 770.30 5.896
1,127.95 1,127.95 1,195.30 6.0%
3,687 .95 3,687 .95 3,915.30 6.29x6
6,337.95 6,337.95 6,715.30 6.0%
25.00 25.00 --100.0%
100.00 0.0%
25.00 0.0%
10.00 0.0%
10.00 0.096
25.00 0.0%
25.00 0.0%
50.00 50.00 50.00 0.096
5,000.00 6,000 .00 6,000.00 0.096
4,100.00 5,000 .00 5,000.00 0.0%
10,000.00 11,000.00 11,000.00 0.096
3,400.00 3,500 .00 3,600.00 2.996
3,700.00 3,810 .00 3,925.00 3.096
4,220.00 4,345.00 4,475.00 3.096
575.00 590 .00 610.00 3.4%
635.00 650 .00 670.00 3.1%
$501 to $2,000
$2,001 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
$500,001 to $1,000,000
$1,000,001 & up
Building Permit Other Inspections & Fees
Plan checking
Demolishing or Razing Buildings
Demolishing or Razing Buildings -Commercial Building
Demolishing or Razing Buildings - House
Demolishing or Razing Buildings -Garage
Demolishing or Razing Buildings -Accessory Building
Demolishing or Razing Buildings - Interior Demo
Demolishing or Razing Buildings -Exterior Demo
Reinspection
Cash Park Fee
Single Family Unit
All other residential
Office, Commercial, Industrial
DEVELOPMENT
Community Development Deposit
0 to 40 acres
41 to 80 acres
81 + acres
Guide Plan Charge
Planned Unit Development (P.U.D.) Fee
1st $500 plus $3.65 each add'I $100 or fraction thereof, to & including $2,000
1st $2,000 plus $16.60 each add'I $1,000 or fraction thereof, to & including $25,000
1st $25,000 plus $12.15 each add'l $1,000 or fraction thereof, to & including $50,000
1st $50,000 plus $8.50 each add'I $1,000 or fraction thereof, to & including $100,000
1st $100,000 plus 6.80 each add'l $1,000 or fraction thereof, to & including $500,000
1st $500,000 plus $5.60 each add'1$1,000 or fraction thereof, to & including $1,000,000
1st $1,000,000 plus $4.55 each add'l $1,000 or fraction thereof
65% of the building permit fee if valuation is greater than $10,000
Per hour
Per unit
Per unit
Per acre
A development deposit agreement is required for planned unit developments, planned unit
development amendments ,rezoning,platting, site plan review, guide plan changes and
environmental assessment worksheets.
Plus $5.00 per acre
Plus $5.00 per acre
Page 1 of 5
2008 Ordinances - Changes
SERVICE
Planned Unit Development Amendment Plus $5.00 per acre
Platting
Residential - 0 to 10 units Plus $5.00 per unit
Residential - 11 or more units Plus $5.00 per unit
Commercial, Industrial, Office, Public - 0 to 3 acres Plus $25.00 per acre
Commercial, Industrial, Office, Public - 3.1 or more acres Plus $25.00 per acre
Site Plan Review
Administrative
Site Plan Review (City Council)
Multi-Family - 0 to 10 units Plus $5.00 per unit
Multi-Family - 11 or more units Plus $5.00 per unit
Commercial, Industrial, Office, Public - 0 to 3 acres Plus $25.00 per acre
Commercial, Industrial, Office, Public - 3.1 or more acres Plus $25.00 per acre
ZONING
Commercial ,Industrial ,Office, Public
0-3 acres Plus $25.00 per acre
3.1 or more acres Plus $25.00 per acre
Residential
0-10 units Plus $5.00 per unit
11 or more units Plus $5.00 per unit
Shoreland Management Ordinance Permits
Temporary structure in public waters
Change in structure in public waters
Multiple dock or dock excess of 75'
DESCRIPTION
Zoning Amendment and Zoning Appeal
Zoning amendment Appeal to Board of Adjustments and Appeals
Variances Residential Includes residential zoned properties for new construction, building additions, decks, porches,
garages, accessory structures and variances from all chapters of the City Code
Variances Other
Includes variances associated with properties zoned office, industrial, commercial and residential
Variances Building or Fire Code Appeal
Page 2 of 5
2006 2007 2008
%Change
07 to 08
635.00 650 .00 670.00 3.1%
415.00 425 .00 435.00 2.4%
530.00 530 .00 545.00 2.8%
415.00 425 .00 435.00 2.4%
530.00 545 .00 560.00 2.896
285.00 290 .00 300.00 3.4%
405.00 415 .00 430.00 3.6%
505.00 520 .00 535.00 2.9%
405.00 415 .00 430.00 3.6%
520.00 535 .00 550:00 2.8%
415.00 425 .00 435.00 2.4%
520.00 535 .00 550.00 2.896
415.00 425.00 435.00 2.4%
520.00 535 .00 550.00 2.8%
65.00 65 .00 70.00 7.796
65.00 65.00 70.00 7.7%
65.00 65.00 70.00 7.7%
210.00 220.00 230.00 4.5%
305.00 315 .00 325.00 3.296
505.00 520.00 535.00 2.996
225.00 230.00 230.00 0.096
2008 Ordinances - Changes
SERVICE DESCRIPTION
%Change
2006 2007 2008 07 to 08
ZONING-TELECOMMUNICATION
Commercial Wireless Communications towers and /or antennas
Administrative Towers and/or antennas meeting code located on private property 250.00 255.00 255.00 0.0%
Letter of Intent Non-refundable - Towers and/or antennas on City property 2,000.00 2,000.00 2,000.00 0.0%
Letter of Intent 1,000.00 1,000.00 1,000.00 0.0%
Deposit for legal/consultant costs - additional funds may be required if the balance in the deposit
account is inadequate to pay for all of the fees and costs incurred by the City.
Variances required for tower and/or antennas See Development Fees
Site Plan Review required for tower and/or antennas See Development Fees
ENGINEERING
Environmental Assessment Worksheet (E.A.W.)Plus $5.00 acre 300.00 300.00 300.00 0.0%
Excavation & Grading - Grading Permit Fee
101 to 1,000 cubic yards 1st 100 cubic yards plus $21.20 (21.80--'09) for each add'l 100 cubic yards or fraction thereof $42.00 $43.00 .$44.00 2.3%
1,001 to 10,000 cubic yards 1st 1,000 cubic yards plus $18.00 (18.50--'09) for each add'! 1,000 cubic yards or fraction thereof $222.00 $229.00 $235.00 2.6%
10,001 to 100,000 cubic yards 1st 10,000 cubic yards, plus $81.00 (83.00-209 ) for each add'l 10,000 cubic yards or fraction $375.00 $386.00 8398.00 3.1%
thereof
100,001 or more 1st 100,000 cubic yards, plus $43.30 for each add'! 10,000 cubic yards or fraction thereof $1,059.00 $1,091.00 $1,124.00 3.0%
Reinspection fee Each $58.00 $60.00 662.00 3.3%
**The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction .This cost shall include supervision,
overhead ,equipment,hourly wages and fringe benefits of the employees involved.
Additional plan review fees Per hour/ Minimum charge is one half hour required by changes, additions or revisions to $34.00 $35.00 536.00 2.9%
Inspections outside normal business hours
approve plans
Per hour/ Minimum charge is two hours $58.00 $60.00 $62.00 3.3%
Inspection for which no fee is specifically indicated Per hour ! Minimum charge is one half hour $58.00 $60.00 $62.00 3.3%
Additional plan review required for changes, additions,or revisions to Per hour / Minimum charge is one half hour $58.00 $60.00 $62.00 3.3%
approved plans
Page 3 of 5
2008 Ordinances -Changes
SERVICE
Excavation & Grading - Plan Checking Fee
101 to 1,000 cubic yards
1,001 to 10,000 cubic yards
10,001 to 100,000 cubic yards
100,001 to 200,000 cubic yards
200,001 cubic yards or more
Additional plan review fees
Public Right-of Way or Easement Vacation
Application Fee
Signs
Up to 30 square feet in size
DESCRIPTION
1st 10,000 cubic yards, plus $30.80 (31.70--'09) for each add'! 10,000 cubic yards or fraction
thereof
1st 100,000 cubic yards, plus $16.90 (17.40-209) for each add'! 10,000 cubic yards or fraction
thereof
1st 200,000 cubic yards, plus $8.45 (8.70--'09) for each add'l 10,000 cubic yards or fraction thereof
Per hour /minimum charge is one half hour, required by changes, additions or revisions to
approve plans
Per transaction I for vacating the City's interest in real property, including right-of-way and
easement's (for consultation ,review, notice mailing, publication of notice and recording)
31 square feet through 50 square feet in size
51 square feet through 80 square feet in size
81 square feet or over
Charge for returning picked up signs
**The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee.
Engineering -Land Development Services
For consultants, utility and street plans and specifications ,general and final inspections of improvements and special assessment division
Final Plan Review,Contract Administration ,and Inspection Review
5% multiplied by the total construction cost Not applicable to projects built by City through special assessment.Costs include public
infrastructure improvements (excluding grading costs ),subject to approval by City Engineer
payable prior to startup.
Page 4 of 5
2006 2007 2008
%Change
07 to 08
$42.00 $43.00 $44.00 2.3%
$57.00 $59.00 $61.00 3.4%
$57.00 $59.00 $61.00 3.4%
$318.00 $328 .00 $338.00 3.0%
$462.00 $476 .00 5490.00 2.9%
$34.00 $35 .00 $36.00 2.9%
$263.00 $271 .00 6279.00 3.096
$60.00 $60.00 $62,00 3.3%
$80.00 $80.00 $82.00 2.5%
$100.00 $100 .00 5103,00 3.0%
$125.00 $125 .00 $129.00 3.296
$10.00 $10.00 $10.00 0.096
2008 Ordinances -Changes
SERVICE DESCRIPTION
Final Plat
Residential Per unit /Minimum $320 .00plus cost of review by special assessment.Costs include public
infrastructure improvements (excluding grading costs ),subject to approval by Cit Engineer
payable prior to start-up
Commercial ,Industrial ,Office, and Public Per acre /Minimum $320.00
Administrative Land Division
LGU Review
Min. Payment is $250. Plus cost of review by special consultants necessary as An hour
determined by the City Manager. Deposit required.Payment is due after
completion of site review activities ,plan review and /or prior to release of
plat.
LGU Deposit -Plan Review
An LGU deposit agreement is required for wetland alteration, wetland
replacement, wetland restoration and/or wetland bank plan reviews
LGU Deposit -Site Review
An LGU deposit agreement is required for site review and/or wetland
delineation review
Page 5 of 5
2006 2007 2008
%Change
07 to 08
$52.00 $54.00 $56.0 3.7%
$126.00 $130 .00 $134.00 3.1%
$67.00 $69.00 $71.00 2.9%
$75.00 $75.00 75.00 0.0%
$3,000.00 $3,000 .00 $3,000.00 0.0%
$1,000.00 $1,000 .00 $1,000.00 0.0%
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims December 3, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.:
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 169288- 169871
Wire Transfers 2857 - 2867
City of Eden Prairie
Council Check Summary
12/3/2007
Division Amount Division Amount
General 32,333 601 Prairie Village Liquor 157,740
100 City Manager 1,751 602 Den Road Liquor 232,709
101 Legislative 1,985 603 Prairie View Liquor 139,843
102 Legal Counsel 40,560 605 Den Road Building 13,685
104 Contingency 4,275 701 Water Fund 207,295
110 City Clerk 562 702 Sewer Fund 3,102
111 Customer Service 6,457 703 Storm Drainage Fund 34,461
112 Human Resources 632 801 Perpetual Care Cemetary 53,172
113 Communication Services 4,696 802 494 Commuter Services 24,486
114 Benefits & Training 3,409 803 Escrow Fund 28,720
116 Facilities 81,508 806 SAC Agency Fund 33,500
117 City Center 115,970 807 Benefits Fund 657,370
131 Finance 30 810 Workers Comp Insurance 117,859
132 Housing and Community Services 9,313 811 Property Insurance 26,586
135 Information Technology 5,046
136 Public Safety Communications 13,620 Report Totals 2,996,151
137 Economic Development 2,735
138 Community Development Admin.43
150 Park Administration 225
151 Park Maintenance 21,754
153 Organized Athletics 9,310
154 Community Center 12,841
156 Youth Programs 53,065
157 Special Events 115
158 Adult Recreation 5,060
159 Recreation Administration 4,595
160 Therapeutic Recreation 32
161 Oak Point Pool 180
162 Arts 1,295
163 Outdoor Center 1,549
164 Park Rental Facilities 56
180 Police 15,162
183 Emergency Preparedness 1,386
184 Fire 25,715
200 Engineering 1,188
201 Street Maintenance 32,009
202 Street Lighting 63,006
203 Fleet Services 49,776
204 Equipment Revolving 3,362
301 CDBG 225,567
303 Cemetary Operation 509
304 Senior Board 189
308 E-911 1,522
309 DWI Forfeiture 808
311 Grant Fund 700
315 Economic Development 37,453
502 Park Development 9,160
503 Utility Improvement 9,081
506 Improvment Bonds 1996 2,302
509 CIP Fund 65,637
511 Construction Fund 199,551
512 CIP Trails 19,625
515 Fire Station #4 1,828
516 ADC PROJECT 463
517 212/Charlson Intersection 213
519 Community Center Referendum 3,129
520 Parks Referendum 2,251
522 Improvement Projects 2006 59,031
City of Eden Prairie
Council Check Register
12/3/2007
Check #Amount Vendor /Explanation Account Description Business Unit
2857 27,905 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2858 144 ,088 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2859 18 ,457 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2860 12,725 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2861 15 ,473 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2862 99,787 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2863 100 US BANK TRUST HRA Health and Benefits
2864 28,578 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2865 146 ,949 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2866 318 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2867 88 ,199 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
169289 543 ALLEGRA PRINT & IMAGING General 494 Corridor Commission
169290 62 COMCAST General 494 Corridor Commission
169291 19 COOK, BEN General 494 Corridor Commission
169292 143 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission
169293 2,940 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
169294 386 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
169295 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
169296 20 INTERNET EXPOSURE INC General 494 Corridor Commission
169297 925 ITHACA PROMOTIONS General 494 Corridor Commission
169298 120 LITTLE TRANSPORT PRESS General Bicycle Program
169299 113 MADISON, MELISSA General 494 Corridor Commission
169300 183 MEREDITH KATE General 494 Corridor Commission
169301 2,500 MESSERLI & KRAMER General 494 Corridor Commission
169302 6,378 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
169303 386 PENN CYCLE General Bicycle Program
169304 390 PROFILES INC General 494 Corridor Commission
169305 25 SOUTHWEST TRANSIT General 494 Corridor Commission
169306 200 SPARTAN PROMOTIONAL GROUP INC General 494 Corridor Commission
169307 100 TWINWEST General 494 Corridor Commission
169308 90 VERIZON WIRELESS General 494 Corridor Commission
169309 874 WELLS FARGO BANK General 494 Corridor Commission
169310 48 HARRER, THOMAS AR Utility Water Enterprise Fund
169311 374 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
169312 1,072 A TO Z RENTAL CENTER Operating Supplies Fire
169314 281 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run
169315 4,500 ADVANCED MASONRY RESTORATION Contract Svcs - General Bldg Park Shelters
169316 49 AGE ASSOCIATES Tuition Reimbursement/School Police
169317 15 AL'S COFFEE Merchandise for Resale Concessions
169318 2,585 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie View Liquor Store
169319 120 AMERITRAK Other Contracted Services Street Maintenance
169320 1 ,274 ANCHOR PRINTING COMPANY Printing Senior Center Administration
169321 43 ANDRESEN, DANIELLE AR Utility Water Enterprise Fund
169322 79 AQUA ENGINEERING INC Repair & Maint .Supplies Park Maintenance
169323 777 ASPEN EQUIPMENT CO.Equipment Parts Fleet Services
169324 79 AT&T MOBILITY Pager & Cell Phone Police
169325 764 BEARCOM Equipment Repair & Maint Fire
169326 3,538 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store
169327 23 BLOCKBUSTER Operating Supplies Classes/Programs/Events
169328 2,108 BOB GILBERTSON Fire Prevention Supplies Fire
169329 50 BOLD, PAULINE Instructor Service Outdoor Center
169330 151 BOYER TRUCKS Equipment Parts Fleet Services
169331 5 ,632 BRAUN INTERTEC CORPORATION Building Community Center Referendum
169332 9,900 BRB DEVELOPMENT Deposits Escrow
169333 18 BRUNEAU,MARY Program Fee Trips
169334 25 CATCO PARTS SERVICE Equipment Parts Fleet Services
169335 13 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
169336 55 CENTER POINTE ENERGY Cash Over/Short General Fund
169337 1,389 CENTERPOINT ENERGY Gas Water Treatment Plant
169338 698 CHANHASSEN DINNER THEATRE Other Contracted Services Trips
169339 3 ,676 CHANHASSEN, CITY OF Other Contracted Services Softball
Check #Amount Vendor /Explanation Account Description Business Unit
169340 15 ,175 CLAUDE'S CERAMIC TILE INC Contract Svcs - General Bldg Garden Room Repairs
169341 2,498 CLOSED CIRCUIT SPECIALISTS INC Building Den Road Building
169342 420 CONTROL SERVICES OF MINNESOTA,Contract Svcs - HVAC City Hall - CAM
169343 303 CORPORATE EXPRESS Office Supplies General
169344 128 COSTCO Special Event Fees Classes/Programs/Events
169345 44 CRIPE, JACQUELYN V Other Contracted Services Volleyball
169346 323 CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run
169347 192 DART PORTABLE STORAGE INC Other Contracted Services Reserve
169348 6 ,713 DAY DISTRIBUTING Beer Den Road Liquor Store
169349 1 ,707 DECORATIVE DESIGNS INC Contract Svcs - Garden Rm/Caf.City Hall - CAM
169350 25,609 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg. - CAM
169351 385 DNR Awards Basketball
169352 3,166 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
169353 245 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
169354 370 EDEN PRAIRIE WINLECTRIC Equipment Repair & Maint Emergency Preparedness
169355 375 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire
169356 268 EF JOHNSON Equipment Repair & Maint Wireless Communication
169357 6,737 EGAN OIL COMPANY Lubricants & Additives Fleet Services
169358 745 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire
169359 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
169360 3 ,264 FARRELL EQUIPMENT & SUPPLY CO Improvement Contracts CIP Trails
169361 49 FEDEX Equipment Repair & Maint Traffic Signals
169362 18 FISCHER, DELORES Program Fee Trips
169363 18 FLANIGAN, MARLYS Program Fee Trips
169364 1 ,250 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Services
169365 858 FOREMOST PROMOTIONS Fire Prevention Supplies Fire
169366 969 FREY, LYNDELL Mileage & Parking Athletic Programs Admin
169367 383 FSH COMMUNICATIONS LLC Telephone Miller Park
169368 840 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council
169369 1 ,485 GE CAPITAL Other Rentals General
169370 459 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
169371 290 GINA MARIAS INC Operating Supplies Fire
169372 1,331 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
169373 8 ,650 GREENSIDE INC Contract Svcs - Lawn Maint City Center Operations
169374 42,673 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council
169375 13,731 GRIGGS COOPER & CO Wine Domestic Prairie View Liquor Store
169376 102 GS DIRECT Operating Supplies Engineering
169377 214 HD SUPPLY WATERWORKS LTD Repair & Maint .Supplies Park Maintenance
169378 18 HEINZ, MARGARET Program Fee Trips
169379 1,543 HILBERT, JUDY Other Contracted Services Rehab
169380 1 ,542 HOHENSTEINS INC Beer Prairie View Liquor Store
169381 176 HOLMES, TOM Other Contracted Services Volleyball
169382 215 HOUSTON, CHRISTOPHER W Instructor Service Ice Arena
169383 90 IND SCHOOL DIST 272 Gym Rental Volleyball
169384 237 ITALWINE IMPORTS & DISTRIBUTOR Wine Imported Den Road Liquor Store
169385 508 JACKS SMALL ENGINE & GENERATOR Equipment Repair & Maint Fire
169386 234 JETER, KARA Tuition Reimbursement/School Fitness Classes
169387 10 ,802 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
169388 519 JOBDIG INC Employment Advertising Organizational Services
169390 29,190 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
169391 42 KESTER, EVELYN Program Fee Trips
169392 274 KNOX COMPANY Capital Under $2,000 Fire Station #4
169393 130 KOSTELIZ, RONALD Memberships Community Center Admin
169394 452 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police City Center
169395 3 ,396 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
169396 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
169397 53 LOWERY, THOMAS Mileage & Parking Police
169398 540 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store
169399 4 ,014 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
169400 875 MAPLE GROVE, CITY OF Tuition Reimbursement/School Police
169401 10 ,494 MARK VII Beer Prairie View Liquor Store
169402 18 MARQUARDT, ESTHER Program Fee Trips
169403 336 MASTER CRAFT LABELS INC Operating Supplies Reserve
169404 4 ,920 MCFARLAND CONSTRUCTION COMPANY Contract Svcs - General Bldg Den Bldg. - CAM
169405 1 ,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
Check #Amount Vendor /Explanation Account Description Business Unit
169406 2,492 MEDICINE LAKE TOURS Special Event Fees Trips
169407 287 MENARDS Small Tools Fire
169408 2,950 METRO CONCRETE RAISING INC Contract Svcs -Asphalt/Concr.Senior Center
169409 1 ,742 METRO FIRE Equipment Repair & Maint Fire
169410 720 METRO SALES INCORPORATED*Other Rentals General
169411 579 METROPOLITAN FORD Equipment Parts Fleet Services
169412 1,555 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance
169413 899 MIDWEST ASPHALT CORPORATION Waste Blacktop /Concrete Street Maintenance
169414 552 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
169415 60 MINGER, PATRICK Plumbing Permits General Fund
169416 185 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire
169417 2,263 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
169418 8 ,260 MOBILE RADIO ENGINEERING INC Capital Under $2,000 Wireless Communication
169419 18 MONNENS, LOIS Program Fee Trips
169420 262 MONTGOMERY, CINDY AR Utility Water Enterprise Fund
169421 18 MONTOURI, DODI Program Fee Trips
169423 278 NEPM - ASI # 279381 Fire Prevention Supplies Fire
169424 417 NEW FRANCE WINE COMPANY Wine Imported Prairie Village Liquor Store
169425 27 NILSSON, BETH Operating Supplies Ice Arena
169426 266 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
169427 5,288 NORTHSTAR MUDJACKING SPECIALIS Repair & Maint. Supplies Storm Drainage
169428 396 O'REILLY AUTO PARTS Equipment Parts Fleet Services
169429 81 OVANDO, JUAN AND MARIA AR Utility Water Enterprise Fund
169430 224 PARTEK SUPPLY INC Operating Supplies Street Maintenance
169431 2,028 PAUL'S TWO-WAY RADIO REPAIR Other Contracted Services Reserve
169432 5,661 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store
169433 28 PENGUIN GROUP USA INC Misc Taxable Den Road Liquor Store
169434 116 PEPSI COLA COMPANY Merchandise for Resale Concessions
169435 14,560 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
169436 878 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #2
169437 18 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
169438 788 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
169439 8 ,000 PROP Other Contracted Services Housing and Community Service
169440 4 ,258 PROP Refunds CDBG -Public Service
169441 1,178 PUBLIC EMPLOYEES RETIREMENT AS Pension - PERA Fitness Classes
169442 99 PUSH PEDAL PULL Equipment Repair & Maint Fitness Center
169443 106 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
169444 16 ,255 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store
169445 124 QUICKSILVER EXPRESS COURIER Office Supplies General
169446 6 ,098 QWEST Telephone Telephone
169447 140 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
169448 489 READY WATT ELECTRIC Equipment Repair & Maint Emergency Preparedness
169449 4,123 RELIAKOR SERVICES INC Seal Coating Street Maintenance
169450 330 RGI PUBLICATIONS INC Advertising Prairie View Liquor Store
169451 275 RIGHTWAY GLASS INC Equipment Parts Fleet Services
169452 18 SCHARBER & SONS Equipment Parts Fleet Services
169453 2,357 SENIOR COMMUNITY SERVICES Refunds CDBG -Public Service
169454 72 SETON IDENTIFICATION PRODUCTS Supplies - General Bldg Senior Center
169455 198 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store
169456 42 SHIMANSKI, BERMA Program Fee Red Hat
169457 1,090 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
169458 107 SIMMONS ,KAREN AND MICHAEL AR Utility Water Enterprise Fund
169459 52,844 SKYHAWKS SPORTS ACADEMY INC Instructor Service Athletics
169460 26 SNAP-ON TOOLS Small Tools Fleet Services
169461 2,616 SPRINGSTED INCORPORATED Conference Expense Engineering
169462 1,847 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006
169463 16 STAR TRIBUNE Dues &Subscriptions Prairie View Liquor Store
169464 36 ,696 STARTING LINE FLOOR COATING IN Other Contracted Services Capital Impr. /Maint. Fund
169465 335 STERICYCLE INC Other Contracted Services Police
169466 637 STREICHERS Equipment Parts Fleet Services
169467 380 SURLY BREWING CO Beer Prairie View Liquor Store
169468 36 TERRITORIAL SUPPLIES INC Training Supplies Police
169469 69 TESSMAN SEED CO Chemicals Park Maintenance
169470 13,631 THORPE DISTRIBUTING Beer Den Road Liquor Store
169471 12 TREANOR, JOANN Program Fee Classes/Programs/Events
Check #Amount Vendor /Explanation Account Description Business Unit
169472 128 TRI COUNTY BEVERAGE & SUPPLY Beer Den Road Liquor Store
169473 187 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire
169474 828 TRI-COMBINED RESOURCES, INC Safety Supplies Emergency Preparedness
169475 235 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance
169476 32 TWIN CITY OXYGEN CO Fire Prevention Supplies Fire
169477 79 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance
169478 28 UNIFORMS UNLIMITED Clothing & Uniforms Police
169479 458 UNITED STATES MECHANICAL INC Contract Svcs - Plumbing Historical Buildings
169480 75 US BANK Other Contracted Services Health and Benefits
169481 1 ,943 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication
169482 236 VANDENBERGHE, MARK Travel Expense Fire
169483 36 VERIZON WIRELESS Pager & Cell Phone Fleet Services
169484 5 ,000 VERIZON WIRELESS Deposits Escrow
169485 1 ,050 VIDEOTRONIX INC Capital Under $2,000 Fire Station #4
169486 293 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store
169487 16 ,200 WATER TOWER CLEAN & COAT INC Other Contracted Services Water Storage
169488 1 ,292 WINE COMPANY, THE Wine Domestic Den Road Liquor Store
169489 4 ,640 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
169490 254 WITT, BETH Mileage & Parking Aquatics &Fitness Admin
169491 532 WM MUELLER AND SONS INC Repair & Maint .Supplies Water System Maintenance
169492 1,245 WORK CONNECTION, THE Other Contracted Services Park Maintenance
169493 486 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
169494 21,769 XCEL ENERGY Electric City Hall - CAM
169495 2,088 XCEL ENERGY Electric Parks Referendum
169496 2,056 YALE MECHANICAL INC Contract Svcs - HVAC City Hall - CAM
169497 484 ZAHN, GERALD Other Contracted Services Volleyball
169498 500 CROW WING COUNTY SHERIFF'S DEP Deposits Escrow
169499 33 ,165 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
169500 40 MORAN USA, LLC Misc Taxable Den Road Liquor Store
169501 402 PITNEY BOWES Postage General
169502 40 PITNEYWORKS Postage General
169503 2,158 SPRINT Wireless Subscription Information Technology
169504 939 SUBURBAN CHEVROLET Operating Supplies Fire
169505 400 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow
169506 49 AGE ASSOCIATES Tuition Reimbursement/School Police
169507 304 PETTY CASH-POLICE DEPT Operating Supplies Police
169508 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
169509 1 ,827 US POSTMASTER - HOPKINS Postage Water Accounting
169510 683 VANDENBERGHE, MARK Travel Expense Fire
169511 438 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
169512 790 ABC MINNEAPOLIS LLC Other Contracted Services DWI Forfeiture
169513 454 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run
169514 49 AGE ASSOCIATES Tuition Reimbursement/School Police
169515 730 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant
169516 63 ALEX AIR APPARATUS INC Operating Supplies Fire
169517 74 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons
169518 139 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store
169519 1 ,688 ANCHOR PRINTING COMPANY Printing Police
169520 670 AQUA ENGINEERING INC Grounds Maintenance Utility Operations -General
169521 4,550 ASPEN WASTE SYSTEMS INC.Waste Disposal City Hall - CAM
169522 59 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment Plant
169523 383 BATTERY STORE INC, THE Equipment Parts Water Treatment Plant
169524 650 BCA BTS Tuition Reimbursement/School Police
169525 5,509 BELLBOY CORPORATION Liquor Den Road Liquor Store
169526 4,447 BERGERSON-CASWELL INC Equipment Repair & Maint Water Treatment Plant
169527 70 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations
169528 1 ,121 BERTELSON OFFICE PLUS Office Supplies Utility Operations -General
169531 6 ,459 BIFFS INC Waste Disposal Park Maintenance
169532 100 BOLD, PAULINE Instructor Service Outdoor Center
169533 223 BRO-TEX INC Equipment Parts Fleet Services
169534 481 BROWN & SAENGER INC Capital Under $2,000 Utility Operations -General
169535 167 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals
169536 704 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance
169537 1,708 BUNCH, DENISE H Other Contracted Services Fitness Classes
169538 189 BURTON EQUIPMENT INC Small Tools - Gen Bldg General Facilities
Check #Amount Vendor /Explanation Account Description Business Unit
169539 25,910 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM
169540 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
169541 606 CLAREYS INC Equipment Testing/Cert.Sewer Utility -General
169542 736 COLOR PRINTING Printing Police
169543 108 COMMUNITY HEALTH CHARITIES Deposits Escrow
169544 171 CONNEY SAFETY PRODUCTS Office Supplies General
169545 1,164 CORPORATE EXPRESS Office Supplies General
169546 1 ,085 COSTCO Operating Supplies Fire
169547 21 CUB FOODS EDEN PRAIRIE Miscellaneous Police
169548 11 ,753 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
169549 25,033 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
169550 7,411 DAY DISTRIBUTING Beer Prairie Village Liquor Store
169551 580 DELL Other Hardware Prairie Village Liquor Store
169552 2,050 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
169553 1,226 EARL F ANDERSEN INC Signs Traffic Signs
169554 1,130 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Reserve
169555 490 EDEN PRAIRIE ROTARY CLUB Miscellaneous Fire
169556 1 ,116 ENVIRONMENTAL PROCESS INC Improvements to Land Capital Impr. /Maint. Fund
169557 236 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant
169558 605 ETICA Wine Imported Den Road Liquor Store
169559 3 ,318 EULL'S MANUFACTURING CO INC Repair & Maint .Supplies Infiltration/Inflow Study
169560 2,192 FCX PERFORMANCE INC Equipment Parts Water Treatment Plant
169561 48 FERRELLGAS Motor Fuels Fleet Services
169562 289 FLAGSHIP LANDSCAPES Deposits Escrow
169563 250 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
169564 1 ,595 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General
169565 510 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
169566 322 GILLUND ENTERPRISES Lubricants & Additives Fleet Services
169567 1,331 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
169568 278 GRAND PERE WINES INC Wine Imported Den Road Liquor Store
169569 1 ,615 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
169570 108 GREATER TWIN CITIES UNITED WAY Deposits Escrow
169571 19,729 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store
169572 707 HACH COMPANY Laboratory Chemicals Water Treatment Plant
169573 464 HEARTLAND DISTRIBUTION LLC Tires Fleet Services
169574 260 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police
169575 204 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
169576 955 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
169577 260 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
169578 4,788 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
169579 198 HENRY, PAUL Other Contracted Services Volleyball
169580 264 HOLMES, JOHN CARTER Other Contracted Services Volleyball
169581 176 HOLMES, TOM Other Contracted Services Volleyball
169582 172 HORNADY MFG Training Supplies Police
169583 26 IND SCHOOL DIST 272 Operating Supplies Internal Events
169584 75 INTERNATIONAL ASSOCIATION OF A Prepaid Expenses General Fund
169585 3 ,817 INTERSTATE POWER SYSTEMS INC Equipment Testing/Cert.Water Wells
169586 368 ITS A KEEPER Operating Supplies Internal Events
169587 29 JANEX INC Supplies - General Bldg General Facilities
169588 7 ,964 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
169589 850 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
169591 24,637 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
169592 478 KEEPERS Clothing & Uniforms Police
169593 107 KRAEMER MINING & MATERIALS INC Improvement Contracts CIP Trails
169594 54,386 KUSSKE CONSTRUCTION Improvement Contracts Improvement Projects 2006
169595 302 KUSTOM SIGNALS INC Equipment Repair & Maint Police
169596 1 ,872 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
169597 30 LEAGUE OF MINNESOTA CITIES Conference Expense Finance
169598 73 LINDAHL, DAVID Mileage & Parking Economic Development
169599 9 ,135 MARK VII Beer Prairie Village Liquor Store
169600 242 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store
169601 358 MENARDS Grounds Maintenance Water Treatment Plant
169602 142 MERLINS ACE HARDWARE Supplies - General Bldg Community Center Maintenance
169603 610 METRO CONCRETE RAISING INC Contract Svcs - Fire /Life/Safe Senior Center
169604 789 METRO FIRE Protective Clothing Fire
Check #Amount Vendor /Explanation Account Description Business Unit
169605 183 METROPOLITAN FORD Equipment Parts Fleet Services
169606 2,791 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
169607 547 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
169608 196 ,828 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund
169609 1 ,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
169610 183 MINNESOTA CONWAY Tuition Reimbursement/School Fire
169611 40 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
169612 50 MONTGOMERY, GAIL Tuition Reimbursement/School Fitness Classes
169613 122 MORAN USA, LLC Liquor Prairie Village Liquor Store
169614 1 ,785 MPPOA Prepaid Expenses General Fund
169615 750 MRPA Miscellaneous Community Center Admin
169616 36 MTI DISTRIBUTING INC Equipment Parts Fleet Services
169617 224 NATIONAL CAMERA EXCHANGE Video & Photo Supplies Fire
169618 1 ,044 NCT INC Conference Expense Information Technology
169619 527 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
169620 1 ,866 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance
169621 5,627 NORTH COUNTRY CONCRETE INC Improvements to Land Den Road Building
169622 1,194 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
169623 177 NORTHWEST RESPIRATORY SERVICE Fire Prevention Supplies Fire
169624 1,500 OSHKOSH TRUCK COPRORATION Equipment Repair & Maint Fire
169625 741 PARTEK SUPPLY INC Improvement Contracts CIP Trails
169626 4 ,239 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store
169627 66 PC MALL Other Hardware Information Technology
169628 10 ,028 PELLA WINDOWS & DOORS OF TWIN Other Contracted Services Rehab
169629 554 PEMTON LAND Deposits Escrow
169630 143 PETSMART Canine Supplies Police
169631 13 ,189 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
169632 3,485 PLEHAL BLACKTOPPING INC Improvement Contracts CIP Trails
169633 3 ,558 PRAIRIE ELECTRIC COMPANY Process Control Equipment Water Treatment Plant
169634 2,072 PRECISION FINISHING Signs Traffic Signs
169635 289 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
169636 108 PROP Deposits Escrow
169637 173 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
169638 15 ,616 QUALITY WINE & SPIRITS CO Wine Domestic Prairie Village Liquor Store
169639 443 QUIRING TRUCKING & EXCAVATING Deposits Escrow
169640 1 ,011 QWEST Telephone Water Distribution
169641 2,321 QWEST CLAIMS Other Contracted Services Storm Drainage
169642 218 RJM Beer Den Road Liquor Store
169643 36 SEARS COMMERCIAL ONE Repair & Maint. Supplies Fire
169644 51 SETON IDENTIFICATION PRODUCTS Supplies - General Bldg Senior Center
169645 162 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
169646 525 SHORT ELLIOTT HENDRICKSON INC Miscellaneous Information Technology
169647 118 SIRCHIE Operating Supplies Police
169648 5 SNAP-ON TOOLS Small Tools Fleet Services
169649 457 SPECIALTY WINES AND BEVERAGES Wine Domestic Prairie Village Liquor Store
169650 7,930 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
169651 1 ,075 ST CROIX RECREATION CO INC Repair & Maint .Supplies Staring Lake
169652 97 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services
169653 729 STEWART PLUMBING Water Meter Sales Water Enterprise Fund
169654 5 ,887 STREICHERS Machinery &Equipment Police
169655 72 SUBURBAN CHEVROLET Equipment Parts Fleet Services
169656 332 SUN NEWSPAPERS Legal Notices Publishing City Clerk
169657 81 SWANSON, NATHAN Mileage & Parking Community Center Maintenance
169658 1 ,722 TESSCO Equipment Parts Fleet Services
169659 22,715 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
169660 224 TKDA Other Contracted Services Water System Maintenance
169661 158 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
169662 232 UNITED PROPERTIES Deposits Escrow
169663 16 UPS Postage Fire
169664 4 ,550 US POSTMASTER - HOPKINS Postage Community Brochure
169665 122 VERIZON WIRELESS Pager & Cell Phone Police
169666 1 ,924 VESSCO INC Equipment Parts Water Treatment Plant
169667 417 VIDEOTRONIX INC Small Tools Utility Operations -General
169668 613 VINO SOURCE, THE Wine Imported Den Road Liquor Store
169669 2,574 VINOCOPIA Wine Domestic Prairie Village Liquor Store
Check #Amount Vendor /Explanation Account Description Business Unit
169670 188 VSA INC Video & Photo Supplies Communication Services
169671 25 WEBBER, ANNETTE Events/Admission Fee Around Town
169672 10,000 WELSH COMPANIES Deposits Escrow
169673 213 WINDSCAPES Improvement Contracts 212 / Charlson Rd. Intersectio
169674 540 WINE COMPANY, THE Wine Domestic Den Road Liquor Store
169675 2,003 WINE MERCHANTS INC Wine Imported Den Road Liquor Store
169676 1,067 WM MUELLER AND SONS INC Repair & Maint .Supplies Water System Maintenance
169677 230 WONDERWEAVERS Other Contracted Services Cummins House Special Events
169678 1 ,260 WORK CONNECTION, THE Other Contracted Services Park Maintenance
169679 381 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store
169680 455 WORM, SANDY Repair & Maint .Supplies Storm Drainage
169681 72,548 XCEL ENERGY Electric City Hall - CAM
169682 6,394 ANDERSON, JASON AR Utility Water Enterprise Fund
169683 816 PETTY CASH Mileage & Parking Water Distribution
169684 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
169685 227 ACCURINT - ACCOUNT #1348824 Operating Supplies Police
169686 305 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture
169687 1 ,907 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Den Road Liquor Store
169688 12 ANDERSON, ANN Program Fee Classes/Programs/Events
169689 48 APPRAISAL INSTITUTE Prepaid Expenses General Fund
169690 12 AQUA ENGINEERING INC Equipment Repair & Maint Park Maintenance
169691 98 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance
169692 166 ASPEN EQUIPMENT CO.Equipment Parts Fleet Services
169693 89 AT&T MOBILITY Pager & Cell Phone Water System Maintenance
169694 797 BARNES & NOBLE Deposits Escrow
169695 539 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
169696 50 BCA/TRAINING & INVESTIGATION S Tuition Reimbursement/School Police
169697 274 BDS Contract Svcs - Plumbing Fire Station #2
169698 3 ,978 BELLBOY CORPORATION Wine Imported Den Road Liquor Store
169699 8 ,317 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails
169700 7 BLAYLOCK PLUMBING CO Cash Over/Short General Fund
169701 7 BOYER TRUCKS Equipment Parts Fleet Services
169702 9,160 BRAUER AND ASSOCIATES LTD Building Park Acquisition & Development
169703 962 BRAUN INTERTEC CORPORATION Lime Residual Removal Water Treatment Plant
169704 92 BUSINESS JOURNAL, THE Prepaid Expenses General Fund
169705 1,323 CADAN CORPORATION Other Hardware Capital Impr . /Maint. Fund
169706 16 ,831 CANADA GOOSE PROGRAM, THE Other Contracted Services Storm Drainage
169707 149 CATCO PARTS SERVICE Equipment Parts Fleet Services
169708 1 ,223 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage
169709 768 CENTERPOINT ENERGY Gas Crestwood Park
169710 206,800 CENTURY TITLE Other Contracted Services Rehab
169711 940 CLAREYS INC Clothing & Uniforms Fleet Services
169712 160 COMMERCE BANK Other Contracted Services Police
169713 621 CORPORATE EXPRESS Office Supplies General
169714 132 CRIPE, JACQUELYN V Other Contracted Services Volleyball
169715 1,531 CRUISERS Equipment Parts Fleet Services
169716 123 CULLIGAN BOTTLED WATER Operating Supplies Fire
169717 4,755 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
169718 153 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance
169719 2,302 DAVE'S TREE SERVICE AND LANDSC Improvement Contracts Improvement Projects 1996
169720 8 ,035 DAY DISTRIBUTING Beer Den Road Liquor Store
169721 475 DELEGARD TOOL CO Equipment Parts Fleet Services
169722 4,000 DEPARTMENT OF ENVIRONMENTAL SE Other Contracted Services Storm Drainage
169723 27 DESIGN DESIGN Misc Taxable Den Road Liquor Store
169724 500 DIETHELM, GARY Other Contracted Services Pleasant Hill Cemetary
169725 27,160 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center
169726 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
169727 1,143 DNR Awards Softball
169728 726 DOHERTY, SANDRA L Other Contracted Services Volleyball
169729 13,292 DRT TRANSPORT Lime Residual Removal Water Treatment Plant
169730 4,400 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
169731 449 EARL C. BENSON & ASSC Clothing & Uniforms Community Band
169732 24 EARL F ANDERSEN INC Safety Supplies Reserve
169733 55 ECOLAB INC Contract Svcs - Pest Control Fire Station #5
169734 520 EDEN PRAIRIE ABC FOUNDATION Miscellaneous City Council
Check #Amount Vendor /Explanation Account Description Business Unit
169735 13 EGAN OIL COMPANY Equipment Repair & Maint Fleet Services
169736 220 ELIASON, STEVE J Other Contracted Services Basketball
169737 466 ESS BROTHERS & SONS INC Repair & Maint. Supplies Infiltration /Inflow Study
169738 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
169739 36 FASTSIGNS Printing Community Center Admin
169740 120 FIELDSTONE VINEYARDS Wine Domestic Den Road Liquor Store
169741 322 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance
169742 26,103 FRONTIER PRECISION INC Operating Supplies Engineering
169743 1,531 G & K SERVICES Clothing & Uniforms Utility Operations -General
169744 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
169745 85 GINA MARIAS INC Operating Supplies Fire
169746 84 GIRLS ON THE RUN Operating Supplies Girls on the Run
169747 16 GOVERNING Postage Utility Operations - General
169748 50 GOVERNMENT FINANCE OFFICERS AS Prepaid Expenses General Fund
169749 832 GRAINGER Supplies - HVAC Community Center Maintenance
169750 349 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
169751 1,194 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
169752 119 GREENMAN TECHNOLOGIES OF MN IN Tires Fleet Services
169753 970 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM
169754 10,636 GRIGGS COOPER & CO Wine Domestic Prairie View Liquor Store
169755 200 GRINDAHL, CYNTHIA Operating Supplies Fire
169756 2,947 HACH COMPANY Process Control Equipment Water Treatment Plant
169757 22,258 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
169758 336 HD SUPPLY WATERWORKS LTD Repair & Maint .Supplies Park Maintenance
169759 180 ,693 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits
169760 500 HEMKER WILDLIFE PARK Other Contracted Services Cummins House Special Events
169761 383 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
169762 3,513 HENNEPIN COUNTY TREASURER-TAXP Licenses & Taxes Park Maintenance
169763 4,148 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
169764 1,774 HOHENSTEINS INC Beer Den Road Liquor Store
169765 3,380 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund
169766 176 HOLMES, TOM Other Contracted Services Basketball
169767 133 HYDROLOGIC WATER MANAGEMENT SY Repair & Maint .Supplies Park Maintenance
169768 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store
169769 2,165 INTERSTATE POWER SYSTEMS INC Equipment Testing/Cert.Water Wells
169770 715 ITS A KEEPER Operating Supplies Internal Events
169771 151 J H LARSON COMPANY Operating Supplies Park Maintenance
169772 9,547 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
169774 25,307 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
169775 63 KEATING, MARY Mileage & Parking Housing and Community Service
169776 251 KEEPERS Clothing & Uniforms Fire
169777 3,197 KRAEMER MINING & MATERIALS INC Improvement Contracts CIP Trails
169778 592 KURT, KAREN Travel Expense Human Resources
169779 445 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Services
169780 412 LANZI,BOB Mileage & Parking Ice Arena
169781 103 LAURENCE, JUDI Tuition Reimbursement/School Fire
169782 202,360 LEAGUE MN CITIES INS TRUST Prepaid Expenses Workers Comp Insurance
169783 90 LESCOINC Repair & Maint .Supplies Storm Drainage
169784 216 LORENZ, JOYCE Dues &Subscriptions Communication Services
169785 166 LYNN PEAVEY COMPANY Operating Supplies Police
169786 328 M. AMUNDSON LLP Misc Taxable Prairie View Liquor Store
169787 221 MALONE, TOM Instructor Service Preschool Events
169788 14 ,878 MARK VII Beer Den Road Liquor Store
169789 350 MARTIN-MCALLISTER Employment Support Test Organizational Services
169790 571 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store
169791 1,383 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store
169792 26,426 MCF-LINO LAKES Other Contracted Services Street Maintenance
169793 1,800 MEGGITT DEFENSE SYSTEMS Training Supplies Police
169794 345 MENARDS Small Tools Park Maintenance
169795 789 METRO SALES INCORPORATED*Other Rentals General
169796 81 METROPOLITAN FORD Equipment Parts Fleet Services
169797 2,547 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage
169798 1 ,073 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services
169799 86 MINNESOTA CONWAY Operating Supplies Fire
169800 400 MINNESOTA PRINT MANAGEMENT LLC Office Supplies City Manager
Check #Amount Vendor / Explanation Account Description Business Unit
169801 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
169802 169 MORAN USA, LLC Misc Taxable Den Road Liquor Store
169803 225 MRB CONSULTING LLC Design & Engineering Planning & Development
169804 181 MTI DISTRIBUTING INC Equipment Parts Drainage
169805 89 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
169806 414 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance
169807 31 NORBLOM PLUMBING CO.Cash Over/Short General Fund
169808 171 NUCO2INC Chemicals Pool Maintenance
169809 199 OLSEN COMPANIES Repair & Maint .Supplies Water System Maintenance
169810 539 OSI BATTERIES INC Operating Supplies Police
169811 37 PARK NICOLLET OPTICAL Safety Supplies Fire
169812 195 PARKER, WARD Travel Expense Fire
169813 3 ,031 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store
169814 12 ,959 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
169815 407 PICKLE, BRAD Operating Supplies Girls on the Run
169816 344 PITNEY BOWES Postage General
169817 232 POMP'S TIRE SERVICE INC Tires Fleet Services
169818 5 ,192 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - CAM
169819 8 ,858 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
169820 7 ,861 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
169821 90 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance
169822 1,167 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
169823 29 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services
169824 350 PWC-KORPACZ SURVEY Prepaid Expenses General Fund
169825 311 QUALITY FLOW SYSTEMS INC Equipment Repair & Maint Sewer System Maintenance
169826 87 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
169827 13,993 QUALITY WINE & SPIRITS CO Wine Domestic Prairie View Liquor Store
169828 250 RAY, LEE Other Contracted Services Basketball
169829 1 ,027 REBS MARKETING Other Contracted Services Water Accounting
169830 260 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance
169831 1 ,090 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Services
169832 185 SCHELDE NORTH AMERICA Recreation Supplies Volleyball
169833 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services
169834 201 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store
169835 493 SKATRUD, TODD Tuition Reimbursement/School Fire
169836 24 SMITH, MARY JANE & ROBERT Program Fee Classes/Programs/Events
169837 278 SNAP-ON TOOLS Small Tools Fleet Services
169838 995 SOFTWARE HOUSE INTERNATIONAL 1 Software Communication Services
169839 356 SOUTHWEST SUBURBAN PUBLISHING-Employment Advertising Organizational Services
169840 2,141 SOUTHWEST SUBURBAN PUBLISHING-Printing Communication Services
169841 235 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
169842 3,226 SPIRIT APPAREL & STUFF Operating Supplies Girls on the Run
169843 77 SPRINT Telephone Engineering
169844 2,216 SQUARE CUT Contract Svcs - General Bldg Police City Center
169845 35 ,173 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund
169846 6 ,710 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
169847 1 ,993 STAR TRIBUNE Employment Advertising Organizational Services
169848 777 STREICHERS Protective Clothing Police
169849 1 ,012 SULLIVANS UTILITY SERVICES INC Contract Svcs - Plumbing Public Works/Parks
169850 222 SUN NEWSPAPERS Legal Notices Publishing City Clerk
169851 15 ,846 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
169852 146 TOM'S WINDOW CLEANING Janitor Service -General Bldg Den Road Building
169853 382 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire
169854 100 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
169855 138 VERIZON WIRELESS Pager & Cell Phone Park Maintenance
169856 4 ,721 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations - General
169857 114 VINO SOURCE, THE Liquor Den Road Liquor Store
169858 825 WATSON CO INC, THE Merchandise for Resale Concessions
169859 2,160 WENCK ASSOCIATES INC Design & Engineering Improvement Projects 2006
169860 330 WERTS, SANDY Petty Cash &Change Funds General Fund
169861 402 WESTSIDE EQUIPMENT Equipment Testing/Cert.Fleet Services
169862 983 WHEELER HARDWARE COMPANY Contract Svcs - General Bldg Park Shelters
169863 1 ,452 WINE COMPANY, THE Wine Imported Prairie Village Liquor Store
169864 3 ,442 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
169865 1 ,652 WORK CONNECTION, THE Other Contracted Services Park Maintenance
Check #Amount Vendor / Explanation Account Description Business Unit
169866 2,905 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store
169867 272 WUTTKE, TRAVIS Repair & Maint. Supplies Storm Drainage
169868 89,613 XCEL ENERGY Electric Fire
169869 10,343 YALE MECHANICAL INC Contract Svcs - HVAC City Hall - CAM
169870 1,344 YOUNG, PHIL Travel Expense City Council
169871 7,531 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
2,996,151 Grand Total