HomeMy WebLinkAboutCity Council - 01/22/2008AGENDA
CITY COUNCIL WORKSHOP &OPEN PODIUM
TUESDAY, JANUARY 22,2008 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 ,Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone ,City Attorney Ric Rosow ,and Recorder Lorene McWaters
LEGISLATORS: Rep. Maria Ruud, Rep. Erik Paulsen and Sen. David Hann
Heritage Room II
1.MEETING WITH STATE LEGISLATORS
A.MARKET VALUE HOMESTEAD CREDIT
B.GAS TAX INCREASE
C.WINE IN GROCERY STORES
D.CAMP EDEN WOOD BONDING REQUEST
E.VOLUNTEER FIRE: EMS TAX
F.FIRE RELIEF ASSOCIATION BENEFIT CAP INCREASE
G.STREET UTILITY
H.ISSUING DEPT FOR PURCHASE OF SOFTWARE
Council Chamber
II.OPEN PODIUM
IV.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 22, 2008 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
II.COLOR GUARD / PLEDGE OF ALLEGIANCE
1111 .OPEN PODIUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
A.DR. MARTIN LUTHER KING, JR. PROCLAMATION
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.COUNCIL WORKSHOP HELD MONDAY, JANUARY 8, 2008
B.CITY COUNCIL MEETING HELD MONDAY, JANUARY 8, 2008
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.ENTERPRISE RENT-A-CAR Second Reading of the Ordinance for Planned Unit
Development District Review with waivers on 1.6 acres and Zoning District change
from Rural to Community Commercial on 1.6 acres and Resolution for Site Plan
Review on 1.6 acres. Location: NW corner of Hwy 5 and Venture Lane. (Ordinance
for PUD District Review with waivers and Zoning District Change; Resolution
for Site Plan Review)
C.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KLM
ENGINEERING FOR WASH-WATER TANK RECONDITIONING
PROJECT
D.DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
CITY COUNCIL AGENDA
January 22, 2008
Page 2
E.AUTHORIZE SALE OF FIRE ENGINE /PUMPER 22 OR FIRE
ENGINE/PUMPER 32 TO THE CITY OF BROWNSVILLE, MINNESOTA
F.AUTHORIZE EXECUTTION OF FOURTH AMENDMENT TO PURCHASE
AGREEMENT FOR SALE OF LOT 1, BLOCK 1, AND OUTLOT C -
COLUMBINE ADDITION
G.AUTHORIZE EXECUTION OF THE THIRD AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS PERTAINING TO
OLYMPIC RIDGE PROJECT
H.ADOPT RESOLUTION ORDERING PREPARATION OF AN
ALTERNATIVE URBAN AREAWIDE REVIEW UPDATE FOR UNITED
HEALTHGROUP PROPERTY
IX.PUBLIC HEARINGS /MEETINGS
A.PRAIRIEVIEW CENTER FA ADE REMODEL Request for: Planned Unit
Development Concept Review on 13.63 acres, Planned Unit Development District
Review on 13.63 acres, Zoning District Amendment in the Commercial Regional
Service District on 13.63 acres and Site Plan Review on 13.63 acres. Location: 930
Prairie Center Drive . (Resolution for PUD Concept Review ;Ordinance for PUD
District Review and Zoning District Amendment
B.VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1,
BLOCK 1, BEST BUY ADDITION ,VACATION 07-11 (Resolution)
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS ,REQUESTS AND COMMUNICATIONS
XIII .REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV.APPOINTMENTS
XV.REPORTS
A.REPORTS OF COUNCILMEMBERS
B.REPORT OF CITY MANAGER
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL AGENDA
January 22, 2008
Page 3
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XVI.OTHER BUSINESS
XVII. ADJOURNMENT
ANNOTATED AGENDA
DATE:January 18, 2008
TO:Mayor and City Council
FROM :Scott Neal, City Manager
RE:City Council Meeting for Tuesday, January 22, 2008
TUESDAY, JANUARY 22 ,2008 7:00 PM, COUNCIL CHAMBER
1.ROLL CALL / CALL THE MEETING TO ORDER
II.COLOR GUARD/PLEDGE OF ALLEGIANCE
When the Mayor announces the Scout, the Scout or Scout Master will step to the
podium.
Scout /Scout Master :"I am from Scout Troop #and Mayor
and City Council, we are ready to present the Colors."
RA-..-.. "r -I-. n,.+-ii ,....,..,..+ +k.. I`..I..., "
The Detail Commander will March forward alone to the podium -then turn and face
the Color Guard and start the ceremony.
Detail Commander :"Color Detail, ATTENTION. Forward MARCH."
The Color Guard and Scouts will march to the front and automatically halt when in
position; no command for halt will be given. Detail Commander at the podium will
turn to the Mayor.
Detail Commander :"Mayor and City Council, we are ready for the Pledge of
Allegiance."
As Mayor says this, the Detail Commander turns back to the color detail and says:
Detail Commander :"Present Colors." [The American Flag is snapped straight up and
the State Flag is dropped to a 452 angle.] "Hand Salute."
- - - - - Pledge of Allegiance is said by all -----
As soon as the Pledge of Allegiance is complete, the Detail Commander says:
Detail Commander :Ready, TWO.
The scouts return to attention and both flags are brought back to carrying position.
ANNOTATED AGENDA
January 22, 2008
Page 2
Mayor :"Color Detail, retire the Colors."
Detail Commander :"Forward MARCH."
Color Guard will now leave the Council Chambers.
Outside the Council Chamber doors, the Color Guard will finish their duties. The
Mayor will continue with the next item of business on the City Council Agenda while
this takes place.
Detail Commander :"Detail HALT." [All Color Guard members and Scout participants
remain at attention.] "Post COLORS." [Color Guard now places the flags in the flag
holders outside the Council Chambers]. "FALLOUT."
This ends the Color Guard ceremony.
III.OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber.
If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412
by noon of the meeting date with your name, phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised .If you have questions about Open Podium ,please
contact the City Manager's Office.
IV.PROCLAMATIONS / PRESENTATIONS
A.DR. MARTIN LUTHER KING, JR. PROCLAMATION
Mayor Young will read the Proclamation and Manifesto. Following the
reading ,Pam Spera ,Human Rights and Diversity Commission member,
will provide an overview the City's Human Rights Award program.
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION :Move to approve the agenda.
VI.MINUTES
MOTION :Move to approve the following City Council minutes:
A.COUNCIL WORKSHOP HELD MONDAY, JANUARY 8, 2008
B.CITY COUNCIL MEETING HELD MONDAY, JANUARY 8, 2008
ANNOTATED AGENDA
January 22, 2008
Page 3
VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII.CONSENT CALENDAR
MOTION :Move approval of items A-H on the Consent Calendar.
A.CLERK'S LICENSE LIST
B.ENTERPRISE RENT-A-CAR Second Reading of the Ordinance for Planned Unit
Development District Review with waivers on 1.6 acres and Zoning District change
from Rural to Community Commercial on 1.6 acres and Resolution for Site Plan
Review on 1.6 acres. Location: NW corner of Hwy 5 and Venture Lane. (Ordinance
for PUD District Review with waivers and Zoning District Change ;Resolution
for Site Plan Review)
C.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KLM
ENGINEERING FOR WASH-WATER TANK RECONDITIONING PROJECT
D.DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
E.AUTHORIZE SALE OF FIRE ENGINE/PUMPER 22 OR FIRE ENGINE/
PUMPER 32 TO THE CITY OF BROWNSVILLE, MINNESOTA
F.AUTHORIZE EXECUTTION OF FOURTH AMENDMENT TO PURCHASE
AGREEMENT FOR SALE OF LOT 1, BLOCK 1, AND OUTLOT C -
COLUMBINE ADDITION
G.AUTHORIZE EXECUTION OF THE THIRD AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS PERTAINING TO
OLYMPIC RIDGE PROJECT
H.ADOPT RESOLUTION ORDERING PREPARATION OF AN
ALTERNATIVE URBAN AREAWIDE REVIEW UPDATE FOR UNITED
HEALTHGROUP PROPERTY
IX.PUBLIC HEARINGS /MEETINGS
A.PRAIRIEVIEW CENTER FA ADE REMODEL Request for: Planned Unit
Development Concept Review on 13.63 acres, Planned Unit Development District
Review on 13.63 acres, Zoning District Amendment in the Commercial Regional
Service District on 13.63 acres and Site Plan Review on 13.63 acres. Location: 930
Prairie Center Drive. (Resolution for PUD Concept Review ;Ordinance for PUD
District Review and Zoning District Amendment
Official notice of this public hearing was published in the January 10, 2008,
Eden Prairie Sun Current and sent to 14 property owners.
ANNOTATED AGENDA
January 22, 2008
Page 4
Synopsis :The project is two parts; an architectural change in the building elevations
which requires a waiver on exterior materials for one of the buildings, and second, a
modification to the concept plan to add 5,000 square feet of building in the parking
lot.The 120-Day Review Period Expires March 21, 2008.
MOTION :Move to:
•Close the Public Hearing; and
•Adopt the Resolution for Planned Unit Development Concept Review
on 13.3 acres; and
•Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Amendment within
the Commercial Regional Service District on 13. 3 acres; and
•Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
B.VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1,
BLOCK 1, BEST BUY ADDITION, VACATION 07-11 (Resolution)
Official notice of this public hearing was published in the January 3, 2008,Eden
Prairie Sun Current and sent to five property owners.
Synopsis :The Property Owners have requested the vacation of all the Drainage and
Utility easements to facilitate replatting of the lot to Liberty Plaza. The Drainage and
Utility Easements were originally dedicated with the Best Buy Addition plat.New
drainage and utility easements have been dedicated with the Liberty Plaza project.
MOTION :Move to:
•Close the public hearing; and
•Adopt the resolution vacating all of the Drainage and Utility
Easement lying over, under and across Lot 1, Block 1, Best Buy
Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
X.PAYMENT OF CLAIMS
MOTION :Move approval of the Payment of Claims as submitted
(Roll Call Vote).
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
XIV.REPORTS
ANNOTATED AGENDA
January 22, 2008
Page 5
A.REPORTS OF COUNCIL MEMBERS
B.REPORT OF CITY MANAGER
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
MOTION :Move to adjourn the meeting.
ITEM NO.:W.A.
PRO CLAMA TION
City of Eden Prairie
Hennepin County,Minnesota
WHEREAS, the City of Eden Prairie's City Council and Human Rights &
Diversity Commission sponsors the Human Rights Award program,
recognizing those who work to create an inclusive community spirit through
their actions, activities, and programs; and
WHEREAS , the City of Eden Prairie recognizes that Dr. Martin Luther King,
Jr., had a dream and dedicated his life to helping freedom exist for all people
through his commitment to human rights and his non-violent philosophy; and
WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering
diversity in our community through the Eden Prairie Manifesto.
NOW, THEREFORE ,be it resolved, that the City of Eden Prairie hereby
proclaims 2008 as a year to celebrate human rights and diversity, and asks all
residents to continue their commitment and concern for equal rights for all
persons, to dedicate themselves to helping those who do not yet share in that
freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr.
Martin Luther King, Jr.'s dream.
Phil Young, Mayor
City of Eden Prairie
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP
& OPEN FORUMIOPEN PODIUM
TUESDAY,JANUARY 8, 2008 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, Public Works Director Eugene Dietz, Community,
Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
1.2008 COUNCIL APPOINTMENTS AND MEETING PLANNING
Appointments
Mayor Young asked for input from on the Council Members' current appointments.
Council Member Aho said he would like to continue serving on the 1-494 Corridor
Commission. He believes continuity in this particular appointment would be valuable.
Aho said he was unable to attend either of the Southwest Suburban Cable Commission in
2007; however, he would be happy to keep the appointment and try to attend the
meetings this year.
Council Member Duckstad said he would like to continue to serve on the Southwest
Transit Board and the City/School Facilities Task Force.
Council Member Nelson asked if an appointment for the Southwest Corridor
Commission is necessary since the portion of Highway 312 in Eden Prairie is complete.
Public Works Director Gene Dietz said he will continue to attend meetings this year, but
does not see the need for a Council Member to attend. City Manager Scott Neal will
inform the Southwest Corridor Commission of the City's intention to leave the group and
inquire whether or not they expect the City to pay dues for 2008.
Nelson would like to continue to serve on the Eden Prairie Foundation Board.
Dietz said it might be advisable to have two elected officials serve on the LRT Policy
Advisory Committee, since work on the project is expected to ramp up this year. Aho
said he would like to continue serving on the committee, though the meeting time
occasionally conflicts with 1-494 Corridor meetings. Nelson said she is very interested in
serving on the committee.
Council Workshop Minutes
January 8, 2008
Page 2
Workshops
Young asked Council Members for input on workshops for 2008. Neal distributed a list
of potential workshop topics, compiled with input from staff and Council Members.
Butcher asked if more workshops on the Major Center Area are anticipated. Neal said
yes, and they will be added to the schedule. Aho suggested that the Department Directors
give presentations on their department functions and upcoming work. Duckstad said
something similar was presented to the Budget Advisory Commission last summer. He
said that information would be useful for all Council Members. Dietz suggested a
workshop on the Capital Improvement Budget. Aho asked for a workshop on disaster
preparedness, particularly any role Council Members and the Mayor would have in local
disaster response.Nelson suggested a workshop on cost recovery rates for recreation
programs. Butcher suggested a workshop on the Comprehensive Guide Plan.
Neal said he will produce a tentative workshop schedule for the Council Members to
review at the Planning Retreat on January 19.
Young asked if the City Council has ever considered having Council Members act as
liaisons to the Commissions. Butcher said the idea was discussed a number of years ago,
but was not pursued because of the number of additional meetings that would be required
of the Council Members.
Council Meetings
Neal said staff is considering inviting representatives from local organizations, such as
the Met Council and watershed districts, to make short presentations at the beginning of
each Council meeting in addition to continuing to have City boards and commissions
make presentations.
Council Member Butcher said the difference between the Open Forum (scheduled
speakers) and the Open Podium (unscheduled speakers) segments of the workshop is
unclear, and requested that they be combined. After some discussion, the group agreed
the two segments would be combined. Residents wishing address Council will still be
asked to call the Office of the City Manager by noon of the meeting day to be placed on
the list of speakers. If there is time left after scheduled speakers finish talking, anyone in
the audience wishing to speak will be given the opportunity.
Young said he would like to have timer lights installed at the podium, so that speakers
know when their allotted time is nearing and end (yellow light) and when their time is up
(red light).Neal said staff has looked into obtaining such a system, but has not located a
vendor yet. Neal said staff has also started to more consistently inform scheduled
speakers that Open Podium time is reserved for Eden Prairie residents.
Young said he recently visited Cornerstone, one of the organizations that receive grant
funding from the City. He said he found the visit moving and informative. He would
like all of the Council Members to have the opportunity to gain a better understanding of
the agencies that receive grant funding. Butcher said the agencies used to periodically
make presentations at Council meetings, and she thinks it would be useful to invite them
Council Workshop Minutes
January 8, 2008
Page 3
to do so again. Assistant to the City Manager Michael Barone said he serves on the
Human Services Resource Committee, which oversees this funding process. He will pass
this request along to the committee.
Nelson asked why staff is recommending only one regular Council meeting for several
months of 2008. Neal said the first meeting in February would have fallen on the same
night as political caucuses; the April schedule was changed to accommodate Eden Prairie
Schools spring break; only one meeting is scheduled in July to allow Council Members
more time to schedule vacations; the first meeting in August was taken off the calendar to
allow Council Members more time to attend National Night Out events than in past years;
and the first meeting in November would have fallen on the same day as the election.
The Council Members approved the schedule. (Mayor Young excused himself from the
meeting at 6:15 p.m. and was not present for this portion of the discussion.)
Council Chamber
II.OPEN FORUM
III.OPEN PODIUM
IV.ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,January 8, 2008 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 7:00 PM.
II.COLOR GUARD /PLEDGE OF ALLEGIANCE
Young said a new Scouts Color Guard program has been initiated. He said the Color Guard
program was created to strengthen the City's already good relationship with the local
Scouting community and to enhance the beginning of City Council meetings. Scout
Troops will rotate to perform the Color Guard for each Council meeting.
1111 .COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
A.PROCLAMATION CELEBRATING THE CHINESE NEW YEAR
Mayor Young read a proclamation recognizing the start of the Chinese New Year
and extending the Council's best wishes to the government officials and people of
Loudi, China.
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Young said the Council discussed adding Item XIII .O. APPOINTMENT TO
SOUTHWEST LIGHT RAIL TRANSIT POLICY ADVISORY COMMITTEE at
tonight's workshop.
Neal said the proposed motion for Item XIII .H. APPOINTMENT TO SOUTHWEST
CORRIDOR COMMISSION should be changed to withdraw from the organization, per
the Council's discussion in the workshop.
MOTION: Aho moved, seconded by Duckstad, to approve the agenda as amended.
Motion carried 5-0.
VI.MINUTES
CITY COUNCIL MINUTES
January 8, 2008
Page 2
A.COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 18, 2007
MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the
Council Workshop held Tuesday, December 18, 2007, as published.Motion
carried 5-0.
B.CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 18, 2007
MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the
Council Meeting held Tuesday, December 18, 2007.Motion carried 5-0.
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.LAMETTRY COLLISION Second Reading of Ordinance 1-2008-PUD-1-2008
for Planned Unit Development District Review with waivers on 3.2 acres and
Zoning District Amendment in the Commercial Regional Service Zoning District
on 3.2 acres; Resolution 2008-01 for Site Plan Review on 3.2 acres Location:
11903 Valley View Road. (Ordinance No. 1-2008 -PUD-1-2008 for PUD District
Review with waivers and Zoning District Amendment ;Resolution No. 2008-01
for Site Plan Review)
C.ADOPT RESOLUTION NO. 2008 -02 RELEASING THE FOUNTAIN
PLACE RETAIL DEVELOPMENT AGREEMENT AND CONSERVATION/
SCENIC EASEMENT FOR LOT 2, BLOCK 1, FOUNTAIN PLACE
D.AUTHORIZE EXECUTION OF THIRD AMENDMENT TO THE
PURCHASE AGREEMENT FOR LOT 1 ,BLOCK 1, AND OUTLOT C,
COLUMBINE ADDITION
E.ADOPT RESOLUTION NO. 2008 -03 AUTHORIZING CITY OFFICIALS
TO TRANSACT BANKING BUSINESS
F.ADOPT RESOLUTION NO. 2008 -04 DESIGNATING DEPOSITORIES
G.ADOPT RESOLUTION NO. 2008 -05 AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
H.ADOPT RESOLUTION NO. 2008 -06 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
1.ADOPT RESOLUTION NO. 2008-07 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR
CITY OF EDEN PRAIRIE
CITY COUNCIL MINUTES
January 8, 2008
Page 3
J.ADOPT RESOLUTION NO. 2008 -08 AUTHORIZING PAYMENT OF
CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR
COUNCIL APPROVAL
K.ADOPT RESOLUTION NO. 2008 -09 ESTABLISHING MEETING DATES
AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2008
MOTION: Duckstad moved, seconded by Aho, to approve Items A-K on the
Consent Calendar.Motion carried 5-0.
IX.PUBLIC HEARINGS /MEETINGS
X.PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Butcher, 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
XIII .REPORTS OF ADVISORY BOARDS &COMMISSIONS
XIV.APPOINTMENTS
A.RESOLUTION NO. 2008 -10 DESIGNATING OFFICIAL CITY NEWSPAPER
Neal said this designation is required on an annual basis ,and for the past couple
of years there has been only one newspaper located in the corporate City limits.
The Eden Prairie News now has an office in Eden Prairie and is qualified to be
considered as the official newspaper. Prior to 2003 ,the Eden Prairie News had
been the official City newspaper for 27 years. The Eden Prairie Sun-Current
has been the official newspaper since 2003 .Staff is recommending selection of
Eden Prairie News because their proposal is competitively priced and their
circulation is superior to that of the Eden Prairie Sun Current.
MOTION: Butcher moved, seconded by Duckstad, to adopt Resolution No.
2008-10 designating the Eden Prairie News as the official City newspaper for
the year 2008 .Motion carried 5-0.
B.RESOLUTION NO. 2008 -11 DESIGNATING OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY
COUNCIL IN 2008 AND APPOINTING ACTING MAYOR
Neal said this resolution requires approval on an annual basis .He noted the
schedule for this year is different in some ways from previous years ,but he thought
the proposed schedule will work very well.
Young recommended Council Member Butcher's reappointment as Acting Mayor.
CITY COUNCIL MINUTES
January 8, 2008
Page 4
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2008-11
designating the official meeting dates, time and place for the City of Eden Prairie
Council in 2008 and appointing Council Member Butcher the Acting Mayor.
Motion carried 5-0.
C.RESOLUTION NO. 2008 -12 APPOINTING COMMISSIONERS TO THE
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
Neal said this appointment requires approval on an annual basis. Traditionally, the
Mayor has served as the Chair of the HRA and the City Manager as the Executive
Director with the Council as a whole serving as the Board. He said the Council
Member appointed as Secretary has usually been the Council Member who is the
easiest to reach when there is a document to sign.
MOTION: Butcher moved, seconded by Duckstad, to adopt Resolution No. 2008-
12 appointing City Council Members to serve as Commissioners for the Eden
Prairie Housing and Redevelopment Authority; and appointing Phil Young as
Chair; Scott Neal as Executive Director and Kathy Nelson as Secretary for calendar
year 2008.Motion carried 5-0.
D.RESOLUTION NO. 2008 -13 APPOINTING DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2008
Neal said this is an organization of suburban communities that monitors electric and
other utility rates. This resolution requires approval on an annual basis. Director of
Public Works Gene Dietz served as the Director and Councilmember Butcher served
as the Alternate Director to the Suburban Rate Authority in 2007.
MOTION: Nelson moved, seconded by Aho, to adopt No. Resolution 2008-13
designating Director of Public Works Dietz as the Director and Council Member
Butcher as the Alternate Director to the Suburban Rate Authority.Motion
carried 5-0.
E.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL
MEMBERS AS ALTERNATES TO ASSOCIATION OF METROPOLITAN
MUNICIPALITIES
Neal said this appointment is approved on an annual basis. He noted the group was
more recently known as the Metropolitan Cities.
MOTION: Aho moved, seconded by Duckstad, to approve appointment of the
Mayor as Delegate and Council Members as Alternates to the Association of
Metropolitan Municipalities.Motion carried 5-0.
F.APPOINTMENT OF MAYOR YOUNG AS DELEGATE AND COUNCIL
MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES
Neal said this appointment is approved on an annual basis, and he recommended
that Mayor Young be appointed as the delegate.
CITY COUNCIL MINUTES
January 8, 2008
Page 5
MOTION: Butcher moved, seconded by Duckstad, to approve appointment of
the Mayor as Delegate and Council Members as Alternates to the National
League of Cities.Motion carried 5-0.
G.APPOINTMENT OF MAYOR YOUNG TO MUNICIPAL LEGISLATIVE
COMMISSION
Neal said this is an organization of 12 cities in the Twin Cities area that are similar
from a demographic and financial standpoint. These cities work together on matters
of legislative advocacy.
MOTION: Nelson moved, seconded by Duckstad, to approve appointment of
the Mayor to the Municipal Legislative Commission.Motion carried 5-0.
H.APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION
Neal said Council Members and Staff discussed this at the workshop tonight and
decided it would be appropriate to withdraw from the Southwest Corridor
Commission.
Young noted the commission does fine work, but most of the work is now well to
the west of Eden Prairie.
MOTION: Duckstad moved, seconded by Butcher, to withdraw from the
Southwest Corridor Commission.Motion carried 5-0.
1.APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION
Neal noted Council Member Aho served on the commission this past year. The
Commission is a consortium of Eden Prairie, Minnetonka, Edina, Richfield and
Hopkins and meets twice a year.
MOTION: Butcher moved, seconded by Nelson, to approve appointment of
Council Member Aho to the Southwest Cable Commission.Motion carried 5-0.
J.APPOINTMENT TO EDEN PRAIRIE FOUNDATION
Neal noted the Eden Prairie Foundation is a local philanthropic organization in the
City.He said this appointment is approved on an annual basis, and Council
Member Nelson is currently serving on the foundation.
Young recommended Council Member Nelson's reappointment.
MOTION: Aho moved, seconded by Butcher, to approve appointment of Council
Member Nelson to the Eden Prairie Foundation.Motion carried 5-0.
K.APPOINTMENT TO 1-494 CORRIDOR COMMISSION
Neal said this appointment is approved on an annual basis. The commission is a
consortium of cities along the 1-494 corridor that do advocacy and program
CITY COUNCIL MINUTES
January 8, 2008
Page 6
management related to traffic and transit along the corridor. Councilmember Aho
has served on the 1-494 Corridor Commission from 2005 to 2007.
Young recommended Council Member Aho's reappointment.
MOTION: Butcher moved, seconded by Nelson, to approve appointment of
Council Member Aho to the 1-494 Corridor Commission .Motion carried 5-0.
L.APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE
Neal said the City and School Facilities Use Task Force meets at least annually and
sometimes twice a year to discuss the joint City and School District use of facilities
we each own. It is an important group that facilitates the appropriate sharing of
public assets. Council Member Duckstad served on the City and School Facilities
Use Task Force in 2007.
Young recommended Council Member Duckstad's reappointment.
MOTION: Nelson moved, seconded by Aho, to approve appointment of Council
Member Duckstad to the City and School Facilities Use Task Force.Motion
carried 5-0.
M.APPOINTMENT TO LEAGUE OF MINNESOTA CITIES INSURANCE
TRUST BOARD OF TRUSTEES
Neal said Council Member Butcher has served as a member of the League of
Minnesota Cities Insurance Trust (LMCIT)Board of Trustees since 2003. He noted
this appointment to the LMCIT is a substantial assignment .The Board asks that
City governments support their members and recognize their appointments to this
organization.
MOTION: Nelson moved, seconded by Duckstad, to appoint Council Member
Butcher to serve on the League of Minnesota Cities Insurance Trust Board of
Trustees.Motion carried 5-0.
N.APPOINTMENT OF ASSISTANT WEED INSPECTOR
Neal said each year the City of Eden Prairie is requested to appoint an Assistant
Weed Inspector for the City to enforce the local and state weed ordinances. Under
the requirements of Minnesota Statutes, Chapter 18.80 and 18.81 the Mayor is the
City Weed Inspector, and appointment of an Assistant Weed Inspector thereby
relieves the Mayor or City Council of those duties as required by Minnesota State
Statute. Jeff Cordes has been doing this inspection work for the past several years,
and he is familiar with the City ordinance and state law.
MOTION: Duckstad moved, seconded by Butcher, to appoint Jeff Cordes as
Assistant Weed Inspector for the City of Eden Prairie.Motion carried 5-0.
CITY COUNCIL MINUTES
January 8, 2008
Page 7
0.APPOINTMENT TO SOUTHWEST LIGHT RAIL TRANSIT POLICY
ADVISORY COMMITTEE
Neal said we need to appoint a representative and an alternate to the Southwest
Light Rail Transit (LRT) Policy Advisory Committee. The committee was
established by Hennepin County to manage and direct the future proposed LRT line
from Minneapolis to Eden Prairie. The group has been moving that project forward
and is getting to a point now where they are ready to make some important
decisions. He said Council Member Aho has served as the representative and Janet
Jeremiah as the alternate. Council Member Nelson has expressed interest in this
committee.
Young said this will be a very important committee as work on the LRT line ramps
up, and he was thankful both Council Members Aho and Nelson are willing to take
this responsibility.
MOTION: Duckstad moved, seconded by Butcher, to appoint Council Member
Aho as representative to the Southwest Light Rail Transit Policy Advisory
Committee with Council Member Nelson as the alternate.Motion carried 5-0.
XV.REPORTS
A.REPORTS OF COUNCILMEMBERS
B.REPORT OF CITY MANAGER
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XVI.OTHER BUSINESS
XVII. ADJOURNMENT
MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-
0.Mayor Young adjourned the meeting at 7:25 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 22, 2008
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.
Solid Waste Collector - New License Randy's Sanitation, Inc
Atomic Recycling LLC (name/address Waste Management
change from Atomic Waste)Shamrock Disposal
Suburban Waste Services
2008 Renewal Licenses
Solid Waste Collector
Red Arrow Waste Disposal
Total Sanitation
Veolia ES - Vasko Rubbish
Tubs, Inc
Buckingham Trucking, Inc
Veit Disposal Systems
LePage & Sons, Inc
Alpha Container Services & Recycling
Keith Krupenny & Son
Dick's Sanitation Service, Inc
Aspen Waste Systems, Inc
Lloyd's Construction Services
Allied Waste Services
Blackowiak & Son
Tennis Roll Off, LLC
Dumpster Box Services
Commercial Kennel
Anderson Lakes Animal Hospital
Hound Dog Pet Hotel
Kingdale Kennels, Inc
PetSmart, Inc
1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.:
Community Development/Planning Enterprise Rent a Car
Janet Jeremiah/Regina Herron
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for Planned Unit Development Review with waivers, and
Zoning District Change from Rural to Community Commercial on 1.6 acres; and
•Adopt the Resolution for Site Plan Review on 1.6 acres; and
•Approve the Development Agreement for Enterprise Rent a Car; and
•Approve and Authorize Issuance of a Grading Permit for Enterprise Rent a Car
subject to release by the City Engineer upon determination that the final contract
documents conform to plans stamp dated December 6, 2007, as approved by the City
Council.
Synopsis
This project is for a 3,450 square foot building.
Background Information
The 120-Day Review Period Expires on February 14, 2008.
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Resolution for Site Plan Review
4.Development Agreement
ENTERPRISE RENT A CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2-2008-PUD-2-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.That the land which is the subject of this Ordinance (hereinafter, the
"land ) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2.That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Community Commercial Zoning District 2-2008-
PUD-2-2008 (hereinafter "PUD-2-2008-C-COM ).
Section 3 .The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of January 22 ,2008 ,entered into between Paul Gonyea, LLC,
and the City of Eden Prairie , (hereinafter "Development Agreement ).The Development
Agreement contains the terms and conditions of PUD-2-2008-C-COM,and are hereby made a
part hereof.
Section 4.The City Council hereby makes the following findings:
A.PUD-2-2008-C-COM is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B.PUD-2-2008-C-COM 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-2-2008-C-COM are justified by the design of the
development described therein.
D.PUD-2-2008-C-COM is of sufficient size ,composition, and arrangement that its
construction ,marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5.The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the Community Commercial Zoning
District and shall be included hereafter in the Planned Unit Development PUD-2-2008-C-COM
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
18th day of December 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 22" d day of
January, 2008.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2008.
EXHIBIT A
LEGAL DESCRIPTION
OUTLOT D, GONYEA 4'H ADDITION, HENNEPIN COUNTY, MINNESOTA
ENTERPRISE RENT A CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 2-2008-PUD-2-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,ORDAINS:
Summary :This ordinance allows rezoning of land located at the northwest corner of
Highway 5 and Venture Lane from the Rural Zoning District to the Community Commercial
Zoning District on 1.6 acres. Exhibit A, included with this Ordinance, gives the full legal
description of this property.
Effective Date:This Ordinance shall take effect upon publication.
ATTEST:
Kathleen. Porta,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
ENTERPRISE RENT-A-CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR ENTERPRISE RENT-A-CAR
BY CONYEA COMMERCIAL PROPERTY INC
WHEREAS, Gonyea Commercial Property Inc, has applied for Site Plan approval of
Enterprise Rent-A-Car to construct a 3,450 square foot building, by an Ordinance approved by
the City Council on December 18, 2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its November 14, 2007 meeting and recommended approval of said site plans; and
WHEREAS , the City Council has reviewed said application at a public hearing at its
December 18 ,2007 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Enterprise Rent-A-
Car based on the Development Agreement between Gonyea Commercial Property Inc. and the
City of Eden Prairie, reviewed and approved by the City Council on January 22, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January,
2008.
Phil Young, Mayor
ATTEST:
Kathleen A .Porta,City Clerk
DEVELOPMENT AGREEMENT
ENTERPRISE RENT A CAR
THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of January 22
2008, by Paul F. Gonyea, LLC, a Minnesota Limited Liability Company, hereinafter referred to as
"Developer ," its successors and assigns ,and the CITY OF EDEN PRAIRIE ,a municipal
corporation, hereinafter referred to as "City :
WITNESSETH:
WHEREAS, Developer has applied to City for Guide Plan Change from Office to
Community Commercial on 1.6 acres, Planned Unit Development Concept Review on 1.6 acres,
Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Change from
Rural to Community Commercial Zoning District on 1.6 acres, Site Plan Review on 1.6 acres, and
Preliminary Plat of 1.6 acres into 1 lot and 1 outlot, legally described on Exhibit A (the "Property );
NOW, THEREFORE, in consideration of the City adopting Resolution No.for
Guide Plan Change, Resolution No.for Planned Unit Development Concept Review,
Ordinance No.for Planned Unit Development District Review and Zoning District
Change from to on acres ,Resolution No.for Site
Plan Review, and Resolution No.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 revised
and stamp dated December 6, 2007 reviewed and approved by the City Council on
December 18, 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.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property 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
Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims ,demands, lawsuits, complaints ,loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5.EXTERIOR MATERIALS :Prior to building permit issuance ,Developer shall submit to
the City Planner ,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6.GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A.FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland 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. In addition,
the design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all monitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B.STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or Stormwater Infiltration Systems (such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and thereafter
by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm
Water Manual dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment. 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.
C.STORMWATER POLLUTION PREVENTION PLAN (SWPPP ):Prior to
issuance of a land alteration permit, Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project.Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
7.IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
8.LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property .The approved landscape plan shall be consistent with the quantity ,type ,and size
of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the
City Planner and receive the City Planner's written approval of a security in the form of a
bond,cash escrow ,or letter of credit ,equal to 150 %of the cost of said improvements as
required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
9.MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property, in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
10.OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of
inoperable automobiles, automobile parts, equipment, inventory or refuse.
11.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Community Commercial Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of PUD
(list PUD number):
A.Lot size of 1.60 acres. City Code requires 5 acres.
B.Rear yard setback waiver to 0'. City Code requires 10'.
C.Permanent outdoor display of 59.5% of the base area ratio of the building. City
code permits a maximum 6% of the base area ratio of the building. The waiver
for outdoor display shall be unique to Enterprise Rent a Car, and not transferable
to another rental company or future property owner.
12.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.
13.SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision
5a.
14.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height.Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
15.SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement, in the form and substance as attached in Exhibit D, shall
be signed by the owner(s) of the Property with the City for trunk sewer and water
assessments on an assessable area of 0.24 acres in the amount of $1,502.40.
16.TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property.This trash enclosure shall be constructed with face brick to
match the building, include a roof, and heavy duty steel gates that completely screen the
interior of the enclosure.Developer shall complete implementation of the trash enclosure
plan prior to issuance of any occupancy permit for the Property.
17.WETLAND PLAN: Prior to release of the final plat for any portion of the Property,
Developer shall submit to the Environmental Coordinator and receive the Environmental
Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be
consistent with the materials and requirements shown on the Plans and as required by
City Code. The Plan shall include the following elements:
A.Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation:
Developer shall submit to the City a Wetland Buffer Strip Evaluation Report
("Buffer Report ) and Wetland Delineation Report in accordance with the Wetland
Plan and City Code requirements prior to release of the final plat for any portion of
the Property. If the Buffer Report identifies any unacceptable vegetation or other
conditions, the wetland buffer strip shall be graded, treated, reseeded and/or
replanted (thereon known as "Landscaping , or "Landscaped ) by the Developer
within 90 days of submission of the Buffer Report. If Landscaping of the wetland
buffer strip is required, the Developer shall submit a signed statement by a qualified
wetland consultant, as determined by the City Manager, stating that the wetland
buffer strip vegetation complies with all City requirements within 30 days of
completion of the Landscaping of the wetland buffer strip.
B.Annual Wetland and Wetland Buffer Strip Evaluation :Prior to release of the
final plat for any portion of the Property, Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip(s) and to determine if they are in compliance with all City
requirements.The Annual Buffer Report shall provide both an action plan and
proposed cost for correction of all problems identified within the wetland(s) and/or
wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced.Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report shall
be submitted two full growing seasons following completion of the development and
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C.Conservation Easement :Prior to release of the final plat for the Property,
Developer shall submit a Conservation Easement attached as Exhibit E, for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans.After approval by the City, Developer shall file the Conservation
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 Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall
submit to the Environmental Coordinator proof that the Conservation Easement has
been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office.
D.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, Developer shall install all wetland buffer strip monuments
for the property.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.
E.Wetland Performance Bond :Prior to release of the final plat for any portion of the
Property, Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow, or letter of credit with a corporation approved by the City Manager or other
guarantee acceptable to the City Manager (hereinafter referred to as the "Security )
equal to 150% of the cost, as estimated by the City Manager, of completing said
Wetland Plan requirements and/or Landscaping as depicted on the Plans and as
required by City Code. Said Security shall cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion of
the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Security in whole or in part to pay the cost of
implementation.
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
Paul F.Gonyea, LLC
By
Its
By
Phil Young
Its Mayor
By
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of January 2008, 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 January 2008, by
, the ,of Paul F. Gonyea, LLC, a Minnesota Limited
Liability Company, on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT - ENTERPRISE RENT A CAR
Legal Description Before Final Plat
OUTLOT D, GONYEA 4TH ADDITION,Hennepin County.
Legal Description After Final Plat
Lot 1,Block 1 and Outlot A, ENTERPRISE RENT-A-CAR, City of Eden Prairie,
Hennepin County,Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT-ENTERPRISE RENT A CAR
Sheet C-1 ,Coversheet /Preliminary Plat dated 08/17 /07 by Hedlund
Sheet C-2 ,Utility Plan dated 08 /17/07 by Hedlund
Sheet C-3 ,Existing Conditions dated 08 /17/07 by Hedlund
Sheet CG -1,Grading Plan dated 08 /17/07 by Hedlund
Sheet CE-1 ,Erosion Control Plan dated 08 /17/07 by Hedlund
Sheet CE-2 ,Erosion Control Plan dated 08 /17/07 by Hedlund
Sheet Ti, Title Sheet dated 12/23/07 by Lampert Architects
Sheet Al,Site Plan & Details dated 12/06 /07 by Lampert Architects
Sheet L1, Landscape &Lighting Plans & Details dated 12/06 /07 by Lampert Architects
Sheet A2,Floor Plan & Details dated 10/23 /07 by Lampert Architects
Sheet A3 ,Elevations dated 10/23 /07 by Lampert Architects
EXHIBIT C
DEVELOPMENT AGREEMENT - ENTERPRISE RENT A CAR
I.Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours ,proposed streets ,and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails, and any property deeded to
the City.
II.Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III.Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV.If Developer fails to proceed in accordance with this Agreement within twenty -four (24)
months of the date hereof,Developer ,for itself, its successors ,and assigns, shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and /or Guide
Plan review approved in connection with this Agreement ,thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V.Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI.The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII.Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A.That Developer has marketable fee title free and clear of all mortgages ,liens, and
other encumbrances .Prior to final plat approval ,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B.That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C.That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D.That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs, damage and expense ,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special ,unique ,and of an extraordinary character, and
that ,in the event that Developer violates ,or fails, or refuses to perform any covenant,
condition ,or provision made herein ,City may be without an adequate remedy at law.
Developer agrees ,therefore, that in the event Developer violates, fails, or refuses to perform
any covenant ,condition, or provision made herein ,City may,at its option, institute and
prosecute an action to specifically enforce such covenant ,withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII.Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV.Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures ,wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV.Prior to building permit issuance, provide two copies of an approved survey or site plan (1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names ,lot arrangements and property lines.
XVI.The City shall not issue any building permit for the construction of any building ,structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII.No failure of the City to comply with any term,condition ,covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim ,demand, cause of action or judgment shall be
levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie , will be affixed to the top
of the post.
XIX.Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Recorder and / or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX.The City is hereby granted the option ,but not the obligation ,to complete or cause
completion in whole or part of all of the Developer 's obligations under this Agreement for
which a bond ,letter of credit, cash deposit or other security (hereinafter referred to as the
"Security )is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City; provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five
(5) business days notice to the Developer, for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty (30) days prior to the expiration
of the Security and if the Security has not then been renewed, replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI.The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person not a
party hereto.
EXHIBIT D
DEVELOPMENT AGREEMENT - ENTERPRISE RENT A CAR
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of , 2008, between the City
of Eden Prairie ,a municipal corporation , (the "City") and
a Minnesota (the "Owner").
A.The Owner holds legal and equitable title to property described as
,Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B.The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities
and a water treatment plant (all of which is hereafter referred to as the "Improvement").
C.The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1.The Owner consents to the levying of assessments against the Property in the amount of
$for the Improvements.
2.The City's assessment records for the Property will show the assessments as a "pending
assessment " until levied.
3.The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4.The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City, its officers, agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5.This Agreement shall be effective immediately.
6.This Agreement may not be terminated or amended except in writing executed by
both parties hereto, provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected, without the
necessity of further City Council approval, unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
7.This Agreement constitutes a lien on the Property in the amount of $1,502.40 until
such time as the assessments referred to above are levied.
OWNER CITY OF EDEN PRAIRIE
A Minnesota A Minnesota Municipal Corporation
By:NOT TO BE SIGNED By:NOT TO BE SIGNED
Phil Young
Its Mayor
By:NOT TO BE SIGNED
Scott H. Neal,
Its City Manager
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2008,
by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2008,
by the _
a Minnesota ,on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT E
DEVELOPMENT AGREEMENT - ENTERPRISE RENT A CAR
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this _day of ,2008 by and between
,a Minnesota Company ,hereinafter referred to as "Grantor," and the
CITY OF EDEN PRAIRIE,a Minnesota municipal corporation, hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage ,and encumbrances ,except:
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;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the
parties as follows:
1.Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the "Easement Area , and City hereby
accepts such conveyance.
2.The following terms and conditions shall apply to the Easement Area:
A.The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed from the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting, fertilizer application or placement
of turfgrass, such as Kentucky bluegrass, shall occur within the Easement
Area.
B.Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit C.Removal of the wetland buffer strip
monuments is not allowed.
C.No building, road,sign ,billboard, utility, or other structures shall be placed
in the Easement Area without the prior written consent of City.
D.No trash ,waste ,or other offensive material ,soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E.No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
F.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.
3.With respect to the Easement Area, Grantor represents and warrants as follows:
A.That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B.That Grantor has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Easement Area, any
hazardous substance, hazardous waste, pollutant, or contaminant,
including, but not limited to, those defined in or pursuant to 42
U.S.C. § 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 Grantor has not allowed any other person to use, employ,
deposit ,store ,dispose of,place or otherwise have ,in or on the
Easement Area ,any Hazardous Substances;
D.That no previous owner, operator or possessor of the easement area,
deposited, stored, disposed of, placed, or otherwise allowed in or on
the Easement Area any Hazardous Substances;
Grantor agrees to indemnify, defend and hold harmless City , against any and all loss,
costs ,damage and expense ,including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties and/or
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4.Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5.The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties, their successors, and assigns.
6.Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
7.Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
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 , 2008,
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 , 2008,
by , the a Minnesota
on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
"THE PROPERTY"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
"EASEMENT AREA" DIAGRAM
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
January 22, 2008
DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: VIII.C.
Rick Wahlen Approve Professional Services
Public Works/Utilities Agreement from KLM Engineering, for
completion of wash-water tank
reconditioning project at the water
treatment plant
Requested Action
Move to:Approve Professional Services Agreement from KLM Engineering, Inc. for the
preparation of specifications, project administration, and for inspection services
during the recoating of the repaired water treatment wash-water tank, in the
amount of $20,140.
Synopsis
The purpose of the engineering Agreement with KLM Engineering, Inc. is to complete the
reconditioning of the filter back-wash water tank at the city's water treatment plant. The tank was
structurally repaired under the supervision of KLM in 2006, however the final painting of the steel
was postponed until such time as the treatment plant could be operated at the lower winter-time
production rate.This would allow more time to complete the painting project, and would also
substantially reduce the cost of the recoating.KLM will provide the scope of professional services
outlined in the attached Proposal, and will serve as the city's agent at ensuring the work meets the
applicable industry standards, and the hazardous lead-based paint waste is properly removed and
disposed in a landfill in accordance with environmental regulations.
Background Information
The back-wash water tank at Eden Prairie's water treatment plant buckled when the water was
rapidly drained from the tank many years ago. The resulting wrinkles in the tank steel did not
greatly affect the integrity of the tank, so it was cosmetically covered with a thick layer of
insulation to conceal the damage, and the tank worked fine for many years. In 2005, the tank
began to leak at one of the wrinkle points, so it was taken out of service and ultimately repaired.
The majority of the steel reinforcement work was on the exterior of the tank walls, which is
surrounded by a brick building, so repainting the tank was not critical for the operation or for
appearance. The steel does need to be repainted, and the time is right to plan for the completion
of the work either this coming spring or next fall, depending upon which time period will result
in the most competitive bids and the lowest prices.
Funds for this project are available and will be paid from the water utility construction fund.
Attachment
•Proposal # 071119 for Professional Services from KLM Engineering, Inc.
•Professional Services Agreement
KLM ENGINEERING INC.
P.O. Box 897.3394 Lake Elmo Ave. N. • Lake Elmo, MN 55042
(651) 773-5111 Fax (651) 773-5222
Mr. Rick Wahlen
Manager Utilities Operations
City of Eden, Prairie.
8080 Mitchell Rd.
Eden Prairie, Minnesota 55344-2230
RE: Proposal to Prepare Specifications and Provide Inspection Services during the
Reconditioning of the 187,000 Gallon Back Wash Tank located at the Eden Prairie
Water Treatment Plant in Eden Prairie, Minnesota:
KLM Proposal # 071119
for the interior and exterior on the above referenced tank.
inspection services during structural . repairs, surface preparation and coatings application
Thank. you for the opportunity to submit this proposal for specification preparation and
.Dear Mr. Wahien:
Potential Benefits to the Ci of Eden Prairie
•We propose to prepate a specification package specifically designed for water storage
tank reconditioning. Our experience has shown that the more comprehensive the
specification is, the more likely it is that the project is completed on time, on budget,
and with quality workmanship. The KLM specifications will reduce the occurrence.of
contractor requests for change orders during reconditioning.Without complete
information, contractors can claim that unknown conditions are present that were not
included in the bidding specifications.
•Today's protective coating systems are designed to. last 15-20 years with only minor
maintenance. Tight project specifications and full-time inspections give the coating
systems the opportunity to realize their intended service life.
•Part time inspection by KLM Certified Welding Inspectors during structural repairs
and NACE Coating Inspectors during coating reconditioning assures that the work
performed by the contractor is in .conformance with the specifications, so that it can
maximize its life expectancy. KLM's inspectors monitor workmanship during all
phases of work and approve the contractor's work. Utilizing this process,
maintenance costs will be reduced by reducing the number of reconditioning cycles
over the life of the tank.
City of Eden Prairie, MN 2
•Our project administration and inspection services provide a buffer between the
project specifications and the real world challenges that can negatively impact project
performance. To initiate the project correctly, KLM project management assures that
bids are advertised correctly, bidders are qualified, proposals are evaluated for
conformance to contract documents, and that the low qualified bidder(s) is
recommended.
•Prior to and during the project, we will work with you to tailor a customized approach
to project management that fits your requirements. For some clients, a "turnkey"
approach is appropriate and we provide complete project management from start to
finish.Other clients prefer to perform one or more of the project administration duties
as this fits their system.We can derive a balanced approach to project management
that suits you.
City of Eden Prairie, MN 3
Proposal -Cost Summary
1.Design Services Fixed Fee $6,500.00
2.Construction Management Fixed $2,560.00
3.Construction Observation Fixed $11,080.00
Total Estimated KLM Cost i n 2008 $20,140.00
City of Eden Prairie Project Work Plan
Upon execution of a contract for Engineering and Inspection Services, KLM Engineering,
Inc. proposes the following schedule to perform the proposed work utilizing the listed
project team.
City of Eden Prairie order to proceed:
1.Preliminary Specifications
Completed by January 3, 2007
2.Design Services
Completed by,January 10, 2007
3.Construction Management
Spring 2008 Construction: Completed by May 1, 2008
Fall 2008 Construction: Completed by October 20, 2008.
4. Inspection Services
Spring 2008 Construction: Completed by May 1, 2008
Fall 2007 Construction: Completed by October 20, 2007.
City of Eden Prairie, MN 4
Scope of Work :Proiect Specifications
The project specifications will include:
Section A Advertisements for Bids
This section provides a detailed description of the project and meets
the requirements for legal advertisements.
Section B Instruction to Bidders
This section provides precise instructions to bidders including the
scope of work, insurance, payments, time of completion, bidder
qualifications, taxes and permits, legal requirements, performance
and payment bonds and other important project information.
Section C Pro osal
This section contains the bid proposals; construction time frame
alternate bid proposals, legal requirements, and the bidder and
subcontractor qualification forms.
Section D Project Requirements
This section includes a complete description of the project, project
schedule(s), execution of contract documents, notice to proceed,
project meetings, quality assurance, liquidated damages, and legal
and technical requirements for executing the scope of work.
Section E Technical Specifications
This section details the technical specifications for structural
modifications, surface repairs, interior and exterior surface
preparation, exterior abrasive blast containment, disposal of spent
abrasives, dehumidification, lettering and logo, submittals,
workmanship, unfavorable weather conditions, surface coating and
material, repair work, health and sanitary facilities, clean up,
ventilation and safety requirements, superintendent, inspection of
work, sterilization of tank interiors, and containment plan.
Section F Supplemental Conditions
This section supplements or amends the General Conditions and/or
other provisions of the Contract Documents.
Section G General Conditions
This section includes all the General Conditions designed for water
tank reconditioning, such as authority of the Engineer, engineering
inspection, modifications, additions and subtractions of scope of
work, extensions of time, insurance and other appropriate items.
City of Eden Prairie,MN 5
Section H Contract Documents
This section provides the form of agreement to be used between the
Owner and Contractor.
Section I Payment and Performance Bond
As of July 31, 1994, Minnesota State Law requires separate
bonds for payment and performance.
Section J Inspection Resort
This section includes enclosure of past inspection reports with
copies of color photographs. This provides the bidders with a clear
perspective of the interior conditions of the tank(s) and the scope of
work involved.
Section K Drawings
This section includes drawings, which define structural repairs or
modifications and welding definitions.
Section L Surface Preparation Requirements
This section references excerpts from NACE Standard RP0178-91
Recommended Practice Fabrication Details, Surface Finish
Requirements, and Proper Design Considerations for Tanks and
Vessels to be Lined for Immersion Service for defining welding and
grinding requirements of the structural repair or modifications.
Section M Existing Paint Test Results
This section contains paint chip test results for lead and chromium
used to calculate the risk factor and classification of containment
required for conformance with Federal and State Environmental
Regulations.
Section N Lettering and Logo (optional)
If required, this section includes drawings of any required lettering
and logo.
Section 0 Additional Owner Specification Requirements (optional)
This section is available for additional Owner Specification
requirements. ,,
City of Eden Prairie, MN 6
Design
KLM will also perform at a minimum ,the following related specification services:
1.Meet with the city to review plans and specifications.
2.Produce seven (7) copies of the specifications for the city and bidders.
3.Advertise the project in appropriate Construction Bulletin.
4.Issue the specifications to prospective bidders.
5.Respond in writing to bidder questions, which require formal clarifications.
6.Issue addenda to the specifications as required to the Owner and plan
holders.
7.Attendance at bid opening and tabulate results at the Owners facility.
8.Evaluate the contractors bid proposals for conformance to specifications.
9.Recommend in writing to the Owner the low, qualified bidder(s).
10. Prepare Notice of Award and contract Agreement and forward to Contractor.
Specification and Related Services
KLM proposes to provide the project specifications and to perform related services listed
above, in conformance with the enclosed Terms and Conditions for a Fixed Fee of
$6,500.00. This fee includes two (2) copies of the specifications for the Owner; all listed
related services, and the attendance of a qualified project manager at the bid opening in
the City of Eden Prairie, MN.
This phase of the project will be billed upon submittal of the preliminary specifications.
KLM reserves the right to negotiate this contract depending on the low bid accepted by the
owner.
City of Eden Prairie, MN 7
Construction Services
Construction Observation
The inspector assigned to this project will be a NACE Trained Coating Inspector and/or
AWS Certified Welding Inspector. All of our inspectors have extensive practical
experience and knowledge of water storage tank reconditioning. They are experienced
sandblasters, painters, climbers, riggers, coating inspectors, welders and welding
inspectors which allows the inspector to perform inspections alongside the contractor to
ensure conformance to the project specification.
At a minimum ,the field inspections will include the following:
•A preconstruction meeting with the client and contractor to clearly define the role of
the Engineer and Inspector and to discuss the intent of the specifications.
•Monitoring and approval of the structural repairs and modifications for conformance
to the specifications.
•Inspection of the abrasive blasting media and equipment for conformance to the
specifications and to prevent contamination of surfaces during surface preparation
with moisture and oil or other contaminants.
•Monitoring the paint removal and abatement process for conformance to the
specifications and environmental regulations.
•Monitoring the contractors mixing and application of the coatings for conformance to
the specifications and the coating manufacturer's recommendations.
•Approving surface preparation samples.
•Recording the contractor's progress for adherence to the construction schedule.
•Submittal of daily and weekly inspection reports. Prepare and file copies of the
reports on construction activities.
•Review progress payments.
•Coordinate and review testing of materials for conformance to the specification and
environmental regulations.
•Worked directly with residents and property owners to answer questions and respond
to Construction related issues.
•Monitor punch list items and subsequent corrective action by the contractor.
•Final inspection, substantial completion, and project acceptance.
The duration of the field inspection depends upon the construction schedule alternate
selected during the bid evaluation process and on the time it takes the contractor to
perform the structural repairs and coating work.
City of Eden Prairie,MN 8
Construction Administration
The project manager and project supervisor work together on managing the project. The
project supervisor does the review of the submittals from the contractor. The supervisor
communicates with the inspector on a daily basis. The supervisor will enforce the project
specifications as necessary. The supervisor is the main contact between the contractor
representative and the owner. The manager does the final review of the submittals and
pay requests.
Construction management will include:
•Send notices for, attend and facilitate preconstruction conference
+Periodically perform on-site review of project's work status and report to the city
•Coordinate progress meetings as necessary
•Review meeting minutes
•Scheduling of inspections
•Prepare monthly payment request forms
•Processing change orders
•Project close out administration
•Establishes warranty date
•Review of inspectors daily documentation on a weekly basis
•Review of the contractors submittals:
1.Drawing reviews
2.Welder Certifications
3.Welder Qualifications
4.Welding Procedures
5.Coating Materials Submittal
6.Containment Plan
7.TLCP Sampling Plan
8.Spent material collection and disposal
9.Lettering and logo
City of Eden Prairie, MN 9
Construction Service Administration and Ins p ection Fees
Based on the project duration of four (4) weeks, a 2008 construction and coating schedule,
KLM's current Fee Schedule and Terms and Conditions, and an anticipated 30 hour work
week, our field inspection services will be charged on a time and material basis with an
estimated average of $3,410.00 per week. Total construction management and inspection
fees for the project are estimated at $13,640.00. Fees are subject to change if proposed
work exceeds 12 months from this bid proposal.
This cost estimate includes the attendance of a qualified and assigned Inspector at the
preconstruction conference in Eden Prairie, MN.
Additional meetings at the request of the owner are not part of this agreement. KLM
reserves the right to submit for additional fees for any additional administration
outside the scope of this proposal.
City of Eden Prairie,MN 10
Project Team
•KLM Engineering ,Inc. Team Members
•Engineer/Specification Writer: Matt Erickson P.E.
•Inspection Report and Specification Writer: Jack R. Kollmer
•Marketing Manager: Shawn A. Mulhern
•Project Field Supervisor: Kelly C. Mulhern
•Field Inspectors:Rodney J. Ellis
Matt Boettcher
Scott Kriese
Cal Lopez
David Montgomery
Lee Clark
Terms and Conditions
The attached Terms and Conditions are part of the agreement between KLM and the City
of Eden Prairie, unless otherwise agreed to in writing by both parties.
The Fee Schedule used by KLM while our personnel are working on the project is the
current Fee Schedule and will not be changed during the project duration.
Services performed by KLM Engineering, Inc. for this project will be conducted in a
manner consistent with the level of care and skill ordinarily exercised by members of the
profession currently practicing in this area under similar budget and time restraints.
References
KLM would encourage the City of Eden Prairie to call any or all of the references
provided.
Statement of Qualification
Included in KLM's Statement of Qualifications
KLM Terms and Conditions
KLM Fee Schedule
Insurance Certificate
Project Team Resumes
KLM References
MPCA Removal of Lead Paint from Steel Structures
KLM Maintenance Program Graph
KLM Brochures
City of Eden Prairie, MN i i
Time Frame
This proposal is valid for sixty (60) days from this date of November 19, 2007. If the City
of Eden Prairie finds this proposal acceptable, please sign and return.We can begin work
immediately once a contract has been executed. Preliminary specification should be ready
for submittal to the Owner in two (2) to three (3) weeks after the receipt of a signed
contract.
If you have any questions regarding this proposal ,please call me at 651-773-5111 or fax
this proposal back at 651-773-5222.
This agreement ,between the City of Eden Prairie and KLM Engineering ,Inc. of Lake
Elmo, Minnesota is accepted by:
City of Eden Prairie
(Name)
(Date)
(Title)Minnesota.
LK^^,.A4.KLM Engineering, Inc.
(Name)f(TitleJ Lake Elmo, Minnesota
20,620 0-Alha
(Date)
We look forward to working with you.
Sincerely,
KLM Engineering, Inc.
I-
Shawn A. Mulhern
Marketing Manager
Enclosure: KLM Statement of Qualifications
SAM C: Win My Doe. Proposal 2008City of Eden Prairie, MN
rev. 7/19/07
Standard Agreement for Professional Services
r
This Agreement is made on the 22"d day of January, 2008, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344,and KLM Engineering ,Inc.,a Minnesota Corporation (hereinafter "Consultant") whose
business address is 3394 Lake Elmo Ave .N., Lake Elmo, MN 55042.
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
preparing specifications and providing inspection services during the reconditioning of the 187,000
gallon back wash tank located at the Eden Prairie Water Treatment Plant in Eden Prairie, MN,
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 22 January 2008 through ,40ctr.3/26,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 $ 20,140 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
1
representative of the City or by the City Council.The City will not pay additional
compensation for services that do not have prior written authorization.
B.Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C.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.
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:
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
2
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:
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."
1,
6.Project Manager and Staffing .The Consultant has designated 1c^e^Offvh e&-and
4 &1A[LeYe 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 services 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 records as are pertinent to all services provided
3
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
any individual or organization without the City's prior written approval. The Consultant shall at all
times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the possession of the Consultant.
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 -Discrimination.During the performance of this Agreement ,the Consultant shall not
discriminate against any employee or applicants for employment because of race, color ,creed,
religion ,national origin ,sex,marital status, status with regard to public assistance ,disability,
4
sexual orientation or age .The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment.The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work ,and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work .The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01 ,et. seq .,Title VI of the Civil Rights Act of 1964 ,and the Americans with Disabilities Act
of 1990.
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.
18.Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not
5
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, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
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
6
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit
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
7
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.
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 interest, direct or indirect, in this contract. The violation of this provision
renders the Contract void.Any federal regulations and applicable state statutes shall not be
violated.
8
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.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME eZ^^rh PPrh^^^_
By::-^_Y' {u l he+^r.k,^-9",L-
Its:
J
r 1C AL--rcc r de ^-f
9
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.D.
Office of City Manager,
Information Technology/Lisa Wu Declare obsolete computer equipment as surplus
Requested Action
Move to:Declare obsolete computer equipment as surplus and authorize the City Manager to
dispose of property to manage end of life computers, monitors and electronics using
Asset Recovery Corporation's services and the State of Minnesota as authorized
under City Code Section 2.86, Subd. 3.
Synopsis
The City has a surplus of end of life computer equipment.
The computer equipment is of no use and will be recycled for the cost of $0.15 per pound. All
equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment
List of Surplus Equipment
Brand Model Serial Number Processor
Brother Fax MFC 4800 U5657586149723
Dat Drive Quantum CX73503020
Acer Tower Server No Serial Number Dual Pentium2
Dell Printer 1700N 8FWD951
HP Pavillion 700 MX 303 51707
Acer Aopen No Serial Number Pentium 1
Brother Fax 2600 U56515CIU501223
Brother Fax 4800 U56578K1J7226889
Panasonic
HP
KXP151
Laser Jet
1 CCRA20203
USGWH2821
Smart UPS 700 N59939331768
Rico Laser
Dell Monitor
Samton Monitor
Keyboard
Keyboard
Keyboard
AP400
CRT
CRT
PS2
PS2
PS2
No Serial Number
BAFS
HMRG707SC428PT
HP Laser Jet 4L USBB750284
View Sonic Monitor
Dell Monitor
Dell Monitor
Dell Monitor
Dell Monitor
CRT
CRT
CRT
CRT
CRT
G220FB42K0248001000
6BRAR
5BSB9VJ
LBPYE
J03TY
NEC Monitor
Rico Printer
CRT
Rico
FL721
No Serial Number
HP Laser Jet 4050 P4251A
Dell Monitor CRT KJ80080
Umax 12205 02077
Umax 12205 7492
Packed Bell CRT N25705881
HP Desk Jet MY3761 N 14K
HP
Keyboard
Keyboard
Keyboard
Keyboard
Keyboard
Keyboard
1350
PS2
PS2
PS2
PS2
PS2
PS2
MY48RD53PR
Dat Tape Drive HP C1529F HPG529F
Motorola CSU 1111024041
DCT Drive Tape Drive P10K31351
APC 200 PB9840222850
IBM DCT Drive Tape Drive CX9380290
ETH Hub 4005697
NEC Laser Printer 292558984
Dell Printer 800 4W6MB01
HP Vectra US03905541
NEC Monitor CRT 0530745YA
View Sonic Monitor CRT 60800310067
Dell Monitor CRT M782P31 FL7KM
Dell Monitor CRT 42BB63D
Dell Monitor
Dell Monitor
CRT
CRT
0NOK525
1C3VOM1
Dell Monitor
Dell Monitor
Compaq
CRT
CRT
CRT
24603KB
58CBXH8
1A26GOCDQ2F9C75
Sony
Dell Monitor
CRT
CRT
8931059
FBQ17
Dell Monitor CRT 712389M 184
HP Monitor M70 SM85103041
NEC
Dell Monitor
CRT
CRT
1736VMA
4GSCE
HP Monitor Color Laser Jet 4550NJPPCJ01736
HP Monitor CRT 4122164
View Sonic Monitor CRT 339022005192
CTX Monitor CRT AH0501101685
Dell Monitor CRT 145BRC3
Dell Monitor
Dell Monitor
Dell Monitor
Dell Monitor
CRT
CRT
CRT
CRT
34QBC37
NO1QT
CLDP70
EE6R4
Dell Monitor CRT 1C1014
Smart UPS 200 PB9840220561
UPS UPS 40760450
Dell Dimension 2100 D020001 Pentium 4 (1.8g)
Dell Dimension 2400 HBFG711 Pentium 4 (1.8g)
Dell Dimension 2350 222QQc21 Pentium 4 (1.8g)
Dell Dimension 2350 8T2HC21 Pentium 4 (1.8g)
Dell Dimension 2200 66PoG11 Pentium 4 (1.8g)
Dell Dimension 2350 3NCJ621 Pentium 4 (1.8g)
Dell Dimension 2350 H4GHC21 Pentium 4 (1.8g)
Dell Dimension 2350 JC5J621 Pentium 4 (1.8g)
Dell Dimension 2350 841TT11 Pentium 4 (1.8g)
Dell Dimension 2350 9GF4T21 Pentium 4 (1.8g)
HP
6 televisions
SERVER U505010374
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.E.
George Esbensen
Fire Department Selling Fire Department Apparatus
Requested Action
Authorize the sale of either Fire Engine/Pumper 22 or Fire Engine/Pumper 32 to the City of
Brownsville Minnesota.
Synopsis
Brownsville will decide which unit it prefers during a site visit during the weekend of January 27
and 28. They will bring a check and other required documents during that visit.
Background Information
The price for the vehicle of $25,000 is considered on market for this type of apparatus.We have
sold other trucks with matching specifications for that amount, and have listed these for sale over
the last three years. Eden Prairie was recommended to Brownsville by Hokah, Minnesota,
another city that purchased one of our previous Fire Engine/Pumpers.
The City of Brownsville is in immediate need for Fire Engine/Pumper to support their fire
suppression needs within their jurisdiction and within their mutual aid response group.
CITY COUNCIL AGENDA DATE:
SECTION: Consent January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO. VIII.F.
Community Development:Fourth Amendment - Extension to Purchase
Janet Jeremiah/David Lindahl Agreement - Lot 1 Block 1 and Outlot C -
Columbine Addition (Presbyterian Homes).
Requested Action:
Move to:
n Authorize the Mayor and City Manager to execute a fourth amendment to the purchase agreement
between the City of Eden Prairie (seller) and Presbyterian Homes (Buyer) for the sale of a 4.8 acre site
owned by the City and legally described as Lot 1, Block 1, and Outlot C - Columbine Addition,
Hennepin County, Minnesota.
Synopsis:
An issue regarding the deed for the property has surfaced and to address it to the satisfaction of the buyer,
Presbyterian Homes, a public hearing before the HRA on February 12, 2008, is necessary. Staff
recommends Council approve the proposed amendment to the purchase agreement extending the closing
date until Friday February 15, 2008.
Background:
The 4.8 acres City parcel is residual road right-of-way from the Columbine Road project and was placed on
the market shortly after the MCA Study was adopted and Columbine plat was approved in December of
2005. The parcel will be included in the proposed redevelopment plans by Presbyterian Homes - which
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 property we are selling to Presbyterian Homes was acquired by tax forfeiture through Hennepin
County and the State of Minnesota. The deed has a "subject to provision which requires the City to use the
property for parks, open space, roads, and private development or the property can be reverted to the State.
The buyer wants the "reverter language and entire "subject to paragraph expunged from the deed so there
is no risk of ever losing the property to the State, even though the proposed uses are allowable per the deed.
There is a process whereby, through a public hearing, the HRA can provide a certificate that can be filed
with the County Registrar of Titles to remove the entire "subject to paragraph from the deed. Staff will
schedule a hearing before the HRA on February 12.
Attachment:
Fourth Amendment
FOURTH AMENDMENT TO PURCHASE AGREEMENT
This Fourth Amendment to Purchase Agreement is entered into this day of January,
2008 (hereinafter "Fourth Amendment ) between the City of Eden Prairie, a Minnesota
municipal corporation (referred to herein as "Seller ), and Presbyterian Homes Housing &
Assisted Living, Inc., a Minnesota non-profit corporation, or assigns (referred to herein as
"Buyer ). Seller and Buyer respectively shall be referred to herein, individually as "Seller and
"Buyer, or as "Party and collectively as "Parties.
WHEREAS, the Parties entered into a Purchase Agreement in January, 2007, First
Amendment to Purchase Agreement dated May 15, 2007, Second Amendment to Purchase
Agreement in September, 2007 and Third Amendment to Purchase Agreement dated January 3,
2008 (hereinafter collectively the "Purchase Agreement ) for the sale of real property described
as Lot 1, Block 1, Columbine Road Addition and Outlot C, Columbine Road Addition, Hennepin
County, Minnesota (the "Real Property );
WHEREAS,the Parties desire to amend Section 6 of the Purchase Agreement to extend
the Closing Date; and
WHEREAS,the Parties desire to acknowledge Buyer's consent to Seller's assignment of
the Purchase Agreement to the Housing Redevelopment Authority in and for the City of Eden
Prairie (the "HRA ).
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1.The Closing Date shall be five (5) business days following the HRA's approval of
the sale of the Real Property to Buyer in conformance with Minn. Stat. Chapter
469.
2.Buyer hereby consents to Seller's assignment of the Purchase Agreement to the
HRA.
3.Except as amended hereby the Purchase Agreement shall remain in full force and
effect.
IN AGREEMENT,the Seller and Buyer have executed this Fourth Amendment to
Purchase Agreement as of the date written above.
[SIGNATURES ON FOLLOWING PAGE]
SELLER:BUYER:
CITY OF EDEN PRAIRIE PRESBYTERIAN HOMES HOUSING
AND ASSISTED LIVING, INC.
By By
Phil Young Mark T. Meyer
Its Mayor Its Chief Financial Officer
By
Scott Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
This instrument was acknowledged before me on ,2008, by Phil Young as
Mayor of the City of Eden Prairie and Scott Neal as City Manager of the City of Eden Prairie, a
Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on ,2008, by Mark T. Meyer as
Chief Financial Officer of Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota non-
profit corporation.
Notary Public
P:\Home\1610 .492\FOURTH AMENDMENT TO PURCHASE AGREEMENT 2008 01 16 (clean).doc
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda January 22, 2008
ITEM DESCRIPTION:ITEM NO.:VIII.G.
DEPARTMENT /DIVISION:
Finance Third Amendment to Declaration of Restrictive
Covenants Pertaining to Olympic Ridge Project
Requested Action
Move to: Approve and authorize the Mayor and City Manager to execute the Third
Amendment to Declaration of Restrictive Covenants pertaining to the Olympic
Ridge Project.
Synopsis
In 1985 the City issued its Multifamily Housing Development Revenue Bonds (Olympic Ridge
Project) and Restrictive Covenants recorded against the property. Subsequent amendments to
the Restrictive Covenants were approved and filed in 1987 and 1995. The Borrower is proposing
the Bonds be redeemed using the proceeds of a mortgage loan made by Wells Fargo Bank, N.A.
to the Owner in the original principal amount of $8,352,000.00 (the "Wells Loan") to be insured
by the Federal Housing Administration (the "FHA"). The Third Amendment to Declaration of
Restrictive Covenants is required to subordinate the Declarations to the new Mortgage and any
Regulatory Agreement for Multifamily Housing Projects executed and delivered simultaneously
with the Mortgage (the "Regulatory Agreement") and all applicable HUD mortgage insurance
regulations.The subordination is drafted this time to be effective for any subsequent financing
so that further approval by the City will not be necessary.
Attachments
Third Amendment to Declaration of Restrictive Covenants
THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
THIS THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS (the
"Amendment ") is entered as of January 29, 2008 by and between the City of Eden Prairie, a
municipal corporation and political subdivision of the State of Minnesota (the "Issuer "),U. S.
Bank National Association, f/k/a First Trust National Association, a national banking
association ,Trustee (the "Trustee "),Olympic Ridge Limited Partnership, a Minnesota limited
partnership (the "Owner") and the United States Department of Housing and Urban
Development ("HUD").
WHEREAS, the Issuer, the Trustee and the Owner, or their predecessors, entered into a
certain Declaration of Restrictive Covenants dated as of December 1, 1985 and filed of record
with the Hennepin County Registrar of Titles as Document No. 1775958, as amended by an
Amendment to Declaration of Restrictive Covenants dated November 4, 1987 and filed of record
with the Hennepin County Registrar of Titles as Document No. 1886060, and further amended
by Second Amendment to Declaration of Restrictive Covenants entered as of September 1, 1995
and filed of record with the Hennepin County Registrar of Titles as Document No. 2634430
(collectively,the "Original Declaration of Restrictive Covenants "), relating to the Project
located on the premises described in EXHIBIT A hereto, all in connection with the issuance of
the Issuer's Multifamily Housing Development Revenue Bonds (Olympic Ridge Project)
(as refunded to date,the "Original Bonds"); and
WHEREAS, it is proposed that the Original Bonds be redeemed, and all obligations
thereunder be paid in accordance with the terms of the Original Bonds and related Indenture
(as defined in the Original Declaration of Restrictive Covenants) using the proceeds of a
mortgage loan made by Wells Fargo Bank, N.A. to the Owner in the original principal amount of
$8,352,000.00 (the "Wells Loan ") to be insured by the Federal Housing Administration
(the "FHA"), an organizational unit of HUD, and all other terms used in this Amendment and not
otherwise defined herein will have the meanings assigned to them in the Original Declaration of
Restrictive Covenants.
NOW THEREFORE,the parties hereto agree as follows:
Section 1.DEFINITIONS. From and after the date hereof, the following terms in the
Original Declaration of Restrictive Covenants shall have the following meanings ,and all other
capitalized terms used in this Amendment and not otherwise defined herein shall have the
meanings assigned to them in the Original Declaration of Restrictive Covenants.
"Mortgage "means any agreement or agreements creating a mortgage lien on all
or part of the Project including but not limited to, the mortgage securing the Wells
Loan.
Section 2.HUD INSURANCE SUBORDINATION. Section 17 of the Original
Declaration of Restrictive Covenants is hereby deleted in its entirety and replaced with the
following:
487725v2
Section 17.HUD Insurance Subordination.Notwithstanding anything in this
Declaration to the contrary, the parties hereto covenant and agree that (a) this
Declaration and the restrictions herein are subordinate to the Mortgage and any
Regulatory Agreement for Multifamily Housing Projects executed and delivered
simultaneously with the Mortgage (the "Regulatory Agreement"), and
notwithstanding anything in this Declaration to the contrary, the provisions hereof
are subordinate to all applicable HUD mortgage insurance regulations and related
administrative requirements; (b) no party seeking to enforce this Declaration or to
collect upon any claim or obligation against the Owner arising hereunder,
including but not limited to, the parties hereto, now has or shall later assert any
claim against the Project, the Mortgage loan proceeds, any reserve or deposit
required by HUD in connection with the mortgage transaction, the lender or any
other person or entity in connection with the Mortgage loan, or against the rents
or other income from the Project, except to the extent of available "Surplus Cash,"
as defined in the Regulatory Agreement; and (c) Owner's breach or failure to
comply with the terms and covenants of this Declaration shall not constitute a
default under the Mortgage. In the event of any conflict between the provisions
of this Declaration and the provisions of any applicable HUD regulations, related
HUD administrative requirements or HUD/FHA loan documents, the HUD
regulations, related administrative requirements or loan documents shall control.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
2
487725v2
IN WITNESS WHEREOF,the parties have executed this instrument as of the date first above
written ,but actually on this day of January, 2008.
CITY OF EDEN PRAIRIE,a municipal corporation
and political subdivision of the State of Minnesota
By:
Its:Its Mayor
and
By:
Its:City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of January, 2008
by and to me
personally known, the Mayor and City Manager, respectively, of the City of Eden Prairie, a
municipal corporation and political subdivision of the State of Minnesota, on behalf of the City
of Eden Prairie.
Notary Public
My Commission Expires:
[SIGNATURE PAGE TO THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS]
3
487725v2
U. S. BANK NATIONAL ASSOCIATION,
f/k/a First Trust National Association,
a national banking association, Trustee
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was entered into before me this day of January, 2008 by
, the of U. S. Bank National Association, f/k/a
First Trust National Association, a national banking association, Trustee, who acknowledged the
same as his/her free act and deed on behalf of said association.
Notary Public
My Commission Expires:
[SIGNATURE PAGE TO THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS]
4
487725v2
OLYMPIC RIDGE LIMITED PARTNERSHIP, a
Minnesota limited partnership
By: R. Neslund Co., a Minnesota corporation
Its:General Partner
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of January, 2008
by , to me personally known, the
of R. Neslund Co., a Minnesota corporation, on behalf of said corporation as general partner of
Olympic Ridge Limited Partnership, a Minnesota limited partnership, on behalf of said limited
partnership.
Notary Public
My Commission Expires:
This instrument was drafted by:
Parsinen Kaplan Rosberg & Gotlieb P.A.
100 South Fifth Street, Suite 1100
Minneapolis ,MN 55402
(612) 333-2111
[SIGNATURE PAGE TO THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS]
5
487725v2
EXHIBIT A
TO
THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
(Legal Description)
The land herein referred to is situated in the County of Hennepin, State of Minnesota, and is
described as follows:
Lot 1, Block 1, Eden Pointe, according to the plat thereof on file or of record
in the office of the Registrar of Titles in and for said County.
6
487725v2
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Agenda January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.H.
Community Development/Planning Alternative Urban Areawide Review
Janet Jeremiah Update for UnitedHealth Group
Scott A. Kipp Proposed Development
Requested Action
Move to:
•Adopt the Resolution Ordering Preparation of an Alternative Urban Areawide Review Update
for UnitedHealth Group Property.
Synopsis
The City of Eden Prairie, as the Responsible Governmental Unit (RGU), needs to prepare an
Update to the Alternative Urban Areawide Review (AUAR) document for UnitedHealth Group's
71-acre property proposed for office, commercial and housing land uses. The original AUAR
was adopted by the City Council on April 9, 2002 and expired on April 9, 2007. The
Development Agreement for the PUD Concept will expire March 20, 2008.
Background Information
UnitedHealth Group (UHG) is in the process of preparing an Update of the AUAR and a Planned
Unit Development Concept Amendment for its 71 acres of land south of Crosstown 62, east of
Shady Oak Road, and north of City West Parkway for office, commercial and housing land uses.
The plan remains the same as the original AUAR document which includes of 480,000 square
feet of corporate headquarters, 630,000 square feet of general office, 50,000 square feet of
specialty retail, 125-room hotel with restaurant, and 324 multiple housing units. According to
Minnesota Environmental Quality Board (EQB) rules, the City is responsible for preparing,
reviewing, and taking action on the environmental review. UnitedHealth Group pays for the
required study. The City staff directs the consultant on plan content.
The AUAR is a process developed by the EQB to conduct an environmental review based on an
overall development scenario for a larger area, rather than incremental impacts of individual
projects or phases of one large project over a period of time.
The EQB process for the AUAR needs to be completed no later that 120 days after the date on
which RGU ordered the review.
Attachments
1.Resolution Ordering Preparation of an Update to the Alternative Urban Areawide Review
2.UnitedHealth Group Schedule for AUAR Process dated January 14, 2008
3.PUD Concept plan stamp dated January 18, 2008
UNITEDHEALTH GROUP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION ORDERING PREPARATION OF AN
UPDATE TO THE ALTERNATIVE URBAN AREAWIDE REVIEW
FOR UNITEDHEALTH GROUP PROPERTY
WHEREAS, UnitedHealth Group has proposed to develop certain Property it owns in Eden
Prairie for office, commercial, and housing uses; and
WHEREAS, the development would take place on approximately 71 acres located South of
Crosstown 62, east of Shady Oak Road, and north of City West Parkway and would consist of
480,000 square feet of corporate headquarters, 630,000 square feet of general office, 50,000 square
feet of specialty retail, 125-room hotel and restaurant, and 324 multiple housing units; and
WHEREAS, UnitedHealth Group prepared an Alternative Urban Areawide Review
(AUAR)document that was adopted by the City Council on April 9, 2002 and expired on April 9,
2007; and
WHEREAS,UnitedHealth Group is preparing an Updated to the AUAR; and
WHEREAS , the City of Eden Prairie is the Responsible Governmental Unit (RGU) for the
development and is therefore responsible for conducting appropriate environmental review under the
Minnesota Environmental Policy Act (MEPA)and applicable Minnesota Environmental Quality
Board (EQB) rules; and
WHEREAS, the development is eligible and appropriate under EQB rules for Alternative
Urban Areawide Review; and
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council directs that an
Update to the Alternative Urban Areawide Review be prepared for the proposed UnitedHealth Group
Property.
ADOPTED by the City Council on January 22, 2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta ,City Clerk
TENTATIVE SCHEDULE
UHG AUAR UPDATE
City Staff Revisions 01-14-08
December 17 Draft traffic report to Hennepin County, MnDOT and City of Minnetonka agencies to
provide comments on traffic drafts by January 3, 2008.
December 20 Draft AUAR Update to City Planner for review.
2008 - *January 2 RLK UHG Meeting. Discuss January 18 application.
Week of January 7 RLK meeting with City staff on Draft document w/PUD transit discussion.
January 11 Deadline for comments from City on Draft from 12-20-07
January 16 Meeting with UHG to Finalize 01-18-08 Application.
January 18 Formal application for Planning Commission review of AUAR Update, PUD Concept
Plan and extension of Development Agreement for five years.
January 22 City Council authorizes AUAR Update.
February l Meeting with City Staff to receive approval to publish AUAR Update at EQB.
February 15 Notice to EQB to Publish AUAR Update.( Its Friday, because Monday is holiday)
February 20 Neighborhood meeting for adjacent property owners on AUAR and PUD Concept.
February 25 Begin 30-day review for AUAR Update.
February 25 Planning Commission Public Hearing - AUAR Update and PUD Concept Plans.
March 18 City Council presentation - Public Hearing on PUD Concept Plan and AUAR.
March 26 End of 30-day review of AUAR Update.
March 31 Meet with City Staff to review comments on draft AUAR.
April 10 Send Final AUAR and Mitigation Plan to those on distribution list and those that
commented for the required 10 day review period.
April 20 End of comment period for final AUAR and Mitigation plan
April 28 Planning Commission approval of Final AUAR Update and Mitigation Plan
May 6 City Council adoption AUAR Update, mitigation plan, and extension of Development
Agreement.
May 12 Notify EQB of adoption of the document
May 20 End of 120 day review period.
*Meetings with Client are tentative and are yet to be confirmed
*Meetings with City are tentative and are yet to be confirmed.
SCHEDULE- UHG AUAR Update 1/18/2008
RLK Project No. 2007-252-M Page I of I
02007 RLK INC.
FAR/BAR TABLE
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CITY OF MINNETONKA
QUASI PUBLIC
15.0 ACRES
CONSERVATION-
OF EDEN PRAIRIE FOR CONCEPT PUD APPROVAL AND
COMPREHENSIVE PLAN APPROVAL.
A 2008 UPDATE AUAR HAS ALSO BEEN PREPARED IN
CONJUNCTION WITH THE 2008 CONCEPT POD PLANS AND
COMPREHENSIVE PLAN AMENDMENT.
GARAGES BELOW BUILDINGS J. K AND L PARK
APPROXIMATELY 60 VEHICLES EACH FOR 180 TOTAL SPACES.
BUBBLED TEXT REFERENCES THE CITY OF EDEN PRAIRIE'S
2007 GUIDE PLAN LAND COMPONENT.
EXISTING ZONING - AGRICULTURAL
PROPOSED ZONING - PLANNED UNIT DEVELOPMENT (PUD)
PROPOSED LAND USE - OFFICE/HIGH DENSITY RES./
REGIONAL COMMERCIAL/NEIGHBORHOOD COMMERCIAL
BUILDING SF/PARKING SUMMARY PARKING AND IMPERVIOUS SETBACKS SHALL BE 35' FROM
n UsE mw r, vv
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FRONT
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GOPHER STATE ONE CALL
Twln CID- Area 651-454-0002
MN. Toll Free 1 -600-252-1166
13
SITE NOTES
ALL DIMENSIONS SHOWN ARE TO FACE OF CURB UNLESS
NOTED OTHERWISE.
CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND
ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC
FEATURES. SUCH AS EXISTING GUTTER GRADES AT THE
PROPOSED DRIVEWAYS. PRIOR TO THE START OF SITE
GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE
ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE
PLANS.
HANDICAPPED PARKING STALLS WILL BE PROVIDED AND
IDENTIFIED PER ADA CODES AND LOCATED ON SITE AND
SIGNAGE PLAN FOR CONSTRUCTION.
ALL CURB AND GUTTER TO BE CONCRETE B618 IN PUBLIC
ROADWAYS AND 0612 IN PARKING LOTS UNLESS NOTED
OTHERWISE.
PUBLIC ROADWAY IMPROVEMENTS ON CSAH 61 (SHADY OAK
ROAD) AND WEST 62ND STREET ARE SHOWN IN ACCORDANCE
WITH THE 13UILDOUT CONDITIONS AND RECOMMENDATIONS OF
THE TRAFFIC STUDY. PHASING OF PUBLIC IMPROVEMENTS, IF
ANY. HAS NOT BEEN DETERMINED.
TYPICAL FULL SIZE 90' PARKING STALL IS 9'X19' UNLESS
NOTED OTHERWISE..
CONCRETE APRONS TO BE INSTALLED FOR ALL ACCESS
DRIVES ON TO PUBLIC STREETS PER CITY STANDARDS.
LIGHTING LOCATIONS AND TYPICAL DESIGN SHALL BE
IDENTIFIED DURING SITE PLANNING PHASE.
BUILDING DIMENSIONS ARE APPROXIMATE AND WILL BE
DESIGNED DURING SITE PLAN DEVELOPMENT.
TYPICAL DRIV'v AISLE WIDTH SHALL BE 25' UNLESS
OTHERWISE NOTED.
RESTAURANT IS I TOTAL, ASSUMED TO BE A TYPE III.
PARKING/RESTAURANT UNIT IS ESTIMATED AT 2/UNIT.
PARKING LOI ISLANDS -AU- CL Al QUASI 015 Ut IHt
ACTIUAI SIIRFACFD AREA (EXCLUDING LANDSCAPING ABUTTING
PLANS DATED 12/18/07 HAVE BEEN SUBMITTED TO THE CITY
SIDE REAR MINLST SIZE
25'30'25,000 SF
20'10'2 AC
20'20'20,000 SF
20'10 10.000 SF
JD, ONE FRONTAGE MAY BE 35
RONTAGES MAY BE 17.5' FOR
7
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so 300
SCALEIN FEE"T
CITY COUNCIL AGENDA DATE: January 22, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.A.
Community Development Prairieview Fa ade Remodel/Planning
Janet Jeremiah/Regina Herron
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt the Resolution for Planned Unit Development Concept Review on 13.63 acres; and
•Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Commercial Regional Service District
on 13.63 acres; and
•Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The project is two parts; an architectural change in the building elevations which requires a
waiver on exterior materials for one of the buildings, and second, a modification to the concept
plan to add 5,000 square feet of building in the parking lot.
Background Information
The 120-Day Review Period Expires March 21, 2008.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project at the December 10,
2007 meeting.
Attachments
1.Resolution-PUD Concept
2.Staff Report
3.Location Map
4.Land Use & Zoning Maps
5.Planning Commission Minutes
PRAIRIEVIEW CENTER FA ADE REMODEL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF PRAIRIEVIEW CENTER FA ADE REMODEL
FOR SHEA, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on December 10,
2007, on Prairieview Center Fa ade Remodel by Shea, Inc and considered their request for
approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS, the City Council did consider the request on January 22, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1.Prairieview Center Fa ade Remodel, being in Hennepin County, Minnesota,
legally described as outlined in Exhibit A, is attached hereto and made a part
hereof.
2.That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated January 14, 2008.
3.That the PUD Concept meets the recommendations of the Planning Commission
December 10, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January,
2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta ,City Clerk
EXHIBIT A
PUD Legal Description -Prairieview Center Fa ade Remodel
Parcel 1:
Lot 1,Block 1 ,Prairie View 2nd Addition,according to the recorded plat thereof,Hennepin
County,Minnesota ,except Parcel 81 as shown in Minnesota Department of Transportation Right
of Way Plat No. 27-53
Parcel IA:
Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress,
Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number
5354103.
Parcel 2:
Lot 3,Block 1 ,Prairie View Center 2nd Addition,according to the recorded plat thereof,
Hennepin County,Minnesota.
Parcel 2A:
Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress,
Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number
5354103.
This legal description describes the same property as described in First American Title Insurance
Company, File No. NCS - 11861 - MPLS, dated August 9, 2004.
STAFF REPORT
TO:
FROM:
DATE:
PROJECT:
LOCATION:
APPLICANT/
OWNER:
Planning Commission
Regina Herron, Planner II
December 7, 2007
Prairieview Fa ade Remodel
930 Prairie Center Drive
Shea, Inc/
Prairieview Retail, LLC
120 DAY REVIEW: Expires March 21, 2008
REQUEST:
BACKGROUND
1.Planned Unit Development Concept Review on 13.63 acres
2.Planned Unit Development District Review on 13.63 acres
3.Zoning District Amendment in the Commercial Regional Service District
on 13.63 acres
4.Site Plan Review on 13.63 acres
The site is currently guided Regional Commercial. The site is zoned Commercial Regional
Service. The 1986 approved plan is for 120,385 square feet of retail uses including a Rainbow
Foods and two retail strip buildings.
MCA PLAN
The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of
Highway 5, west of 1-494 and south of Valley View Drive. The current uses within Subarea 1
include retail with no forecasted significant increases in density or intensity.The MCA land use
plan shows this site for Neighborhood Retail. The current use for the site is retail.
The project is two parts; an architectural change in the building elevations which requires a
waiver on exterior materials for one of the buildings, and second, a modification to the concept
plan to add more building.
ARCHITECTURAL DESIGN REVIEW
The site requires a waiver from the exterior materials architectural requirement for Building B.
Building B is 72%. Building A and the Rainbow Foods building exceed the architectural code
Staff Report -Prairieview Fa ade Remodel
December 7, 2007
Page 2
requirement at 76.6% and 92%. If the exterior materials are averaged for all three buildings then
the project conforms to code.
CONCEPT PLAN AMENDMENT
The proposed concept plan shows a 5,000 square foot free standing bank building with a drive-
thru and a 13,818 square foot building addition between Rainbow Foods and Building A.
The required parking based on 134,203 square feet of existing and proposed building is 670
spaces. The plan shows 651 spaces.
The plan also does not meet the planting island requirement or dimensional requirement for
parking space and drive aisle. As a result, available parking to code is reduced to 482 spaces.
There is room on site to accommodate the bank with required parking,
Before a building permit can be issued for the bank, final plans relating to architectural,
stormwater treatment and landscaping will require approval by the Planning Commission and
City Council.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
•Planned Unit Development Concept Review on 13.63 acres
•Planned Unit Development District Review on 13.63 acres
•Zoning District Amendment in the Commercial Regional Service District on 13.63 acres
•Site Plan Review on 13.63 acres
This is based on plans dated November 21, 2007, and the following conditions:
1.Prior to building permit issuance for the property, the proponent shall:
A.
B.
Review the plans with the Fire Marshal
Submit building materials and colors for review and approval.
2.The following waivers are granted through the PUD for the project:
A.Exterior materials waiver from 75% to 72% for Building B.
3.Concept plan approval is granted for a 5,000 square foot bank. Before a building permit
can be issued for the bank, final plans relating to architectural, stormwater treatment and
landscaping will require approval by the Planning Commission and City Council.
Area Location Map -Prairieview Center Facade Remodel
Address :930 Prairie Center Drive
Valley View Road
Plaza Drive
No Scale
Zoning Map
Prairieview Center Facade Remodel
930 Prairie Center Drive, Eden Prairie, MN
- Addroute CJ Highway Commercial Highway #312 West of County Road #4 is proposed and under construction at this
L Rural One Family -10 acre min Regional Service Commercial time.
R1-44 One Family-44,000 sf. min Regional Commercial Up dated through Ordnance #10-2007
R1-22 One Family -22,000 sf min.Industrial Park -2 Acre Min,Ordinance #33-2001 (BFI Addilion) approved ,but not shown on this map edition
R1-13.5 One Family -13,500 sl min .Industrial Park -5Acre Min Date: March 1. 2007
R1-9.5 One Family -9,500 sf min .0 General Industrial-5Anre Min .cauues:xx^yre--i :-Nr.z-=rk- e-r ,-" -;i- orc-—
RM-65 Muh6Family-6 .7 U.F.A- max.0 Public
---N
1 RM-251 Multi-Family-17.4 U.P.A. may.j Golf Course
Office
Neighi3orhood Commercial
LI
f Water
Right-of-Way
Community Commercial = Chanhassen City limits
°I1"W (t'" I
11,
Iii
lOf4WORIt.OBFAM
Guide Plan Map
Prairieview Center Facade Remodel
930 Prairie Center Drive ,Eden Prairie, MN
Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial
Low Density/Public/Open Space [= Community Commercial
Medium Density residential 2.5-10 Units/Acre ® Regional Commercial
Medium Density Residential/Office IJ Park/Open Space
High Density Residential 10-40 Units/Acre L-J Public/Quasi-Public
I Office
® Office/Industrial
I Office/Public/Open Space
Industrial
Golf Course
Parcels
= Church/ Cemetary
F-] Open Water
= Right-Of-Way
- Metropolitan Urban Service Line (MUSA)
DATE Appio d 03-19-03
Creeks DATE Reused 0107-05
DATE Reused 11.07-05
water DATE Reused 02-2306
a
DATE Revised 03-23-05
DATE Revised 06-23.03
DATE Re+ASed 12.06-06
DATE Revised 03.01-07
tallw"
EDEN
PRAIRIE
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,DECEMBER 10, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS:Stu Fox, Manager of Parks and Natural
Resources
Al Gray ,City Engineer
Michael Franzen ,City Planner
Julie Krull, Recording Secretary
PUBLIC HEARINGS
A.PRAIRIE VIEW CENTER FA ADE REMODEL
Request for:
Planned Unit Development Concept Review on 13.63 acres; Planned Unit
Development District Review on 13.63 acres; Zoning District Amendment
in the Commercial Regional Service Zoning District on 13.63 acres; and
Site Plan Review on 13.63 acres.
Matt Sonntag, representative from United Properties, presented the
proposal.He pointed out they have owned the shopping center for the past
5 years. The buildings on this property were built in 1986 and have since
become outdated. They are here tonight because their goal is to renovate
this property.
Kim Anderson, architect with Shea, Inc., presented photographs of the
property that illustrated the colors and materials they would be using to
make these renovations.
Stoelting asked Franzen to review the staff report. Franzen stated the Staff
recommends approval based on the recommendations on page 2
of the staff report.This includes a minor waiver for exterior materials
for one of the buildings and a concept plan approval for a 5,000
square foot bank. Franzen added that the proposed plan did not
conform to parking requirements and it is not possible to
accommodate the 20,000 square foot expansion shown on the plans.
Before a building permit can be issued for the bank, final plans relating to
architectural, stormwater treatment and landscaping will require approval by the
Planning Commission and City Council.
Stoelting opened the meeting for public input. There was no input.
Koenig asked if there was a way to accommodate rain water gardens in the
parking lot. Franzen stated this will be a requirement of site plan approval
when a specific development plan comes forward for review.
Stoelting asked the project proponent to address the concept plan.Ms.
Anderson showed the concept plan utilizing the overhead projector. She
also said they will have a free standing bank building and there will be an
addition to building A.
Stoelting asked if there was a problem with parking in the back of the
building and asked if there was a back entrance.Ms. Anderson stated
there is currently a small tenant parking lot in the back, however, there
could possibly be more in the future.Mr. Sonntag also stated they are
trying to fill the existing Snyder's space.
Pitzrick commented he supported Koenig in regards to rain gardens. He
asked the project proponent what his thoughts were about using cultured
brick. Jim Ruckle, representing the property, said one advantage to using
cultured brick is it is very durable.
Koenig asked if Rainbow expressed interest in expanding to the Snyder's
building.Mr. Sonntag said they have not expressed interest at this time.
Stoelting asked if they have a client signed up for the bank building.Mr.
Sonntag said they do not have one as of yet.
Powell asked if Rainbow or if the other building expands, would there be
some loss of parking space. Franzen respond yes. Stoltz asked Franzen if
there were enough parking spaces on the site for the bank and additional
retail businesses. Franzen stated there was enough parking for a 5,000
square foot building.Mr. Ruckle said they did look at cross-thru traffic
and no matter what will happen with the businesses, there will be access to
the back corridor.
The Commission Members agreed they liked the look of the new building.
MOTION by Pitzrick, seconded by Koenig, to close the public hearing.
Motion carried 8-0.
MOTION by Pitzrick, seconded by Kirk, to recommend approval of the
Planned Unit Development Concept Review on 13.63 acres; Planned Unit
Development District Review on 13.63 acres; Zoning District Amendment
in the Commercial Regional Service Zoning District on 13.63 acres; and
Site Plan Review on 13.63 acres based on plans stamped dated November
21, 2007, and the staff report dated December 7, 2007.Motion carried 8-
0.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing January 22, 2008
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vacation 07-11 ITEM NO.: IX.B.
Denise Christensen Vacation of All of the Drainage and
Utility Easements over Lot 1, Block 1,
Public Works / Engineering Best Buy Addition
Requested Action
Move to:
•Close the public hearing; and
•Adopt the resolution vacating all of the Drainage and Utility Easement lying over, under and
across Lot 1, Block 1, Best Buy Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
Synopsis
The Property Owners have requested the vacation of all the Drainage and Utility easements to
facilitate replatting of the lot to Liberty Plaza.
Background Information
The Drainage and Utility Easements were originally dedicated with the Best Buy Addition plat.
New drainage and utility easements have been dedicated with the Liberty Plaza project.
Attachments
•Resolution
•Location Map
•Site Plan
•Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER
LOT 1,BLOCK 1 ,BEST BUY ADDITION
VACATION 07-11
WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described
as follows:
All of the Drainage and Utility Easements lying over, under and across Lot 1, Block 1,
Best Buy Addition, according to the recorded plat thereof, Hennepin County, Minnesota.
WHEREAS, a Public Hearing was held on January 22, 2008, after due notice was given to
affected property owners and published in accordance with M.S.A. 412.85 1; and
WHEREAS ,the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility Easements has no relationship to the comprehensive municipal
plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easements are not
necessary and have 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 Easements lying over, under and across Lot 1, Block
1,Best Buy Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
are 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 January 22, 2008.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
VAC 07-11
LOCATION MAP
02007 Westwood Professional Services, Inc.
------DRAINAGE AND UTILITY J
CACC \ACAIT Tf\q C \/Af`ATCr1
//I L
--I
DRAINAGE AND UTILITY
EASEMENT TO BE VACATED
I II DRAINAGE AND UTILITY
J ^I II --EASEMENT TO BE VACATED-
I /J I IL','I "/ /11 11 I
/-r'\,I I 1
to be Vacated
Drainage and Utility Easement Vacation:
All of the Drainage and Utility Easements contained in Lot 1, Block 1,BEST BUY ADDITION,according to the
recorded plot thereof Hennepin County, Minnesota.
I W
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TM9Arn DdII.
Ed.n PVM% 1M 959M
PHONE 95.137 169
FAX 95b@
TOLL NEE 14IMMISO
a
Liberty Plaza
Eden Prairie,Minnesota
205
Sheet 1 OF 1
Dace 11/27/07
Easement
Vacation
Sketch
405
20061218SKFO3.dwg
Mailing Notification List
Vacation 07-11
A copy of this Public Hearing Notice was sent to owners of the following parcels
01-116-22-34-0011
01-116-22-34-0018
01-116-22-34-0019 (Applicant)
01-116-22-43-0013
12-116-22-24-0007
A copy of the Public Hearing notice was sent to the following private utility companies:
CenterPoint Energy
Comcast Cable
Qwest Communications
Xcel Energy
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims January 22, 2008
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to:Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 170833 -171238
Wire Transfers 2902 - 2918
(2912 - 2918 US Bank Purchasing Card Payment)
City of Eden Prairie
Council Check Summary
1/22/2008
Division Amount Division Amount
General 58,065 701 Water Fund 42,909
100 City Manager 1,462 702 Sewer Fund 8,543
101 Legislative 24,685 703 Storm Drainage Fund 58,484
104 Contingency 22,182 802 494 Commuter Services 15,595
110 City Clerk 949 803 Escrow Fund 1,150
111 Customer Service 6,496 807 Benefits Fund 353,337
112 Human Resources 320 811 Property Insurance 357
113 Communication Services 7,459 ***US Bank - Purchase Cards 25,400
114 Benefits & Training 8,425
116 Facilities 22,187 Report Totals 4,061,554
117 City Center 27,247
119 Cmty Center - Facilities 13,708
130 Assessing 110
131 Finance 240
132 Housing and Community Services 12,563
133 Planning 18,416
135 Information Technology 74,670
136 Public Safety Communications 2,551
137 Economic Development 4,303
150 Park Administration 1,595
151 Park Maintenance 13,048
153 Organized Athletics 2,762
154 Community Center 4,119
156 Youth Programs 91
158 Adult Recreation 1,323
159 Recreation Administration 1,252
160 Therapeutic Recreation 71
162 Arts 3,286
163 Outdoor Center 238
180 Police 18,321
183 Emergency Preparedness 61
184 Fire 752,922
186 Inspections 1,020
200 Engineering 1,625
201 Street Maintenance 63,799
202 Street Lighting 63,332
203 Fleet Services 28,258
301 CDBG 4,188
309 DWI Forfeiture 18
315 Economic Development 9,700
417 $3,390,000 Facility Bond 2000 750
424 G.O. Improvement Bonds 2003D 755,341
429 G.O. Improvement Bonds 2005C 101,573
430 G.O. Improvement Bonds 2006A 634,219
431 G.O. Improvement Bonds 2006B 168,973
502 Park Development 2,030
503 Utility Improvement 34,669
506 Improvment Bonds 1996 387
509 CIP Fund 114,676
511 Construction Fund 6,110
513 CIP Pavement Management 2,537
515 Fire Station #4 34
516 ADC PROJECT 19,770
519 Community Center Expansion 546
520 Parks Referendum 38,188
522 Improvement Projects 2006 34,798
601 Prairie Village Liquor 85,208
602 Den Road Liquor 183,516
603 Prairie View Liquor 92,168
605 Den Road Building 3,226
City of Eden Prairie
Council Check Register
1/22/2008
Check #Amount Vendor / Explanation Account Description Business Unit
2902 35,448 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2903 175,601 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2904 14,757 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2905 23,055 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2906 48 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2907 106,724 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2908 12,610 US BANK TRUST HRA Health and Benefits
2909 18 ,905 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2910 755,341 US BANK TRUST NATIONAL ASSN Interest G.O. Improvement Bonds 2003D
2911 904,764 WELLS FARGO BANK MINNESOTA NA Interest G.O. Improvement Bonds 2006B
2918 25,400 US BANK
170833 185 A TO Z RENTAL CENTER Supplies - General Bldg Pool Maintenance
170834 3 ,190 A-SCAPE INC Contract Svcs - Snow Removal Fire Station #2
170835 121 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie Village Liquor Store
170836 1 ,479 AMERITRAK Operating Supplies Street Maintenance
170837 11,075 ARSENAULT ASSOCIATES Machinery &Equipment Fleet Services
170838 4 ,112 ASPEN EQUIPMENT CO.Other Contracted Services Snow & Ice Control
170839 732 ATHLETICA Repair & Maint .Supplies Park Maintenance
170840 139 BALDWIN SUPPLY COMPANY Equipment Repair & Maint Park Maintenance
170841 14 BATTERIES PLUS Video & Photo Supplies Fire
170842 1,351 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
170843 6 ,393 BELLBOY CORPORATION Wine Imported Den Road Liquor Store
170844 140 BERTELSON OFFICE PLUS Office Supplies Utility Operations - General
170845 46 ,923 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance
170846 10 ,306 BRAUN INTERTEC CORPORATION Building Community Center Expansion
170847 118 BRO-TEX INC Equipment Parts Fleet Services
170848 25 BROCK WHITE CO Conference Expense Park Maintenance
170849 11 ,596 BROWN TRAFFIC PRODUCTS Equipment Repair & Maint Traffic Signals
170850 3 ,710 CADAN CORPORATION Other Hardware Capital Impr . /Maint. Fund
170851 1 ,340 CARUS PHOSPHATES INC Treatment Chemicals Water Treatment Plant
170852 2,759 CENTERPOINT ENERGY Gas Fire Station #4
170853 535 CLAREYS INC Safety Supplies Utility Operations -General
170854 50 COMCAST Dues & Subscriptions City Council
170855 464 COMMISSIONER OF TRANSPORTATION Testing -Soil Boring Construction Fund
170856 492 CORPORATE EXPRESS Office Supplies General
170857 98 COSTCO Miscellaneous Internal Events
170858 395 CUSHMAN MOTOR COMPANY INC.Equipment Parts Fleet Services
170859 2,343 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
170860 37 DAHL., ELAINE Program Fee Red Hat
170861 3 ,846 DAY DISTRIBUTING Beer Prairie Village Liquor Store
170862 270 DELL Other Hardware Information Technology
170863 50 DIETZ, EUGENE Refunds Environmental Education
170864 2,523 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
170865 394 EARL F ANDERSEN INC Operating Supplies Traffic Signals
170866 917 ECOLAB INC Contract Svcs - Pest Control Fire Station #5
170867 1,387 EDEN PRAIRIE CHAMBER OF COMMER Dues &Subscriptions Prairie Village Liquor Store
170868 17 ,143 EMERGITECH, INC.Software Maintenance Information Technology
170869 1 ,281 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
170870 135 ESBENSEN, GEORGE Miscellaneous Fire
170871 35 ESCAPE FIRE PROTECTION Cash Over/Short General Fund
170872 79 ETICA FAIR TRADE Wine Imported Den Road Liquor Store
170873 256 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
170874 540 FIRE Tuition Reimbursement/School Fire
170875 122 FASTSIGNS Operating Supplies Ice Arena
170876 86 FERRELLGAS Repair & Maint .Supplies Water System Maintenance
170877 1,011 FIETEK, CHRIS Tuition Reimbursement/School Organizational Services
170878 5 ,581 FORCE AMERICA Equipment Parts Fleet Services
170879 607 FORMS & SYSTEMS OF MINNESOTA Office Supplies Police
170880 20,941 FREE MOTION FITNESS Machinery &Equipment Capital Impr . /Maint. Fund
170881 717 G & K SERVICES Clothing & Uniforms Park Maintenance
170882 823 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
Check #Amount Vendor /Explanation Account Description Business Unit
170883 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
170886 1 ,449 GENUINE PARTS COMPANY Equipment Parts Fleet Services
170887 5 GILBERT MECHANICAL Cash Over/Short General Fund
170888 1 ,624 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
170889 4 ,540 GOVDELIVERY Miscellaneous Information Technology
170890 644 GRAINGER Small Tools Water Treatment Plant
170891 1 ,983 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
170892 1,624 GREENSIDE INC Contract Svcs - Snow Removal City Hall - CAM
170894 21,957 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store
170895 7 GROTH MUSIC Operating Supplies Community Band
170896 1 ,787 GROUP HEALTH INC-WORKSITE Employee Assistance Organizational Services
170897 174 GS DIRECT Operating Supplies Engineering
170898 50 ,140 HANSEN THORP PELLINEN OLSON Other Contracted Services Round Lake
170899 4 ,400 HARLEY CONSULTING & COACHING Other Contracted Services Organizational Services
170900 979 HD SUPPLY WATERWORKS LTD Equipment Repair & Maint Park Maintenance
170901 118 HEARTLAND DISTRIBUTION LLC Tires Fleet Services
170902 540 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
170903 253 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
170904 3,653 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Economic Development
170905 18 ,566 HEWLETT-PACKARD COMPANY Other Hardware Capital Impr. / Maint. Fund
170906 19 ,770 HOFFMAN & MCNAMARA Improvement Contracts ADC PROJECT
170907 42 HOFFMAN, CARRIE Program Fee Jazzercise
170908 2,261 HOHENSTEINS INC Beer Prairie View Liquor Store
170909 235 IAFC Dues & Subscriptions Fire
170910 333 IND SCHOOL DIST 272 Printing Cummins House Special Events
170911 109 INSIGHT PUBLIC SECTOR Computers Utility Operations -General
170912 276 INSTITUTE OF TRANSPORTATION EN Dues &Subscriptions Engineering
170913 2,027 ITRON INC.Maintenance Contracts Water Metering
170915 10,827 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store
170917 33,331 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store
170918 349 JOHNSON CONTROLS Building Repair &Maint.Water Treatment Plant
170919 761 KEEPERS Clothing & Uniforms Police
170920 105 KOCOUREK, JOAN Clothing & Uniforms Police
170921 238 LANO EQUIPMENT INC Equipment Parts Fleet Services
170922 440 LEARNING RESOURCES NETWORK Dues &Subscriptions Recreation Administration
170923 972 LIFE SAFETY SYSTEMS Contract Svcs - Fire /Life/Sfty City Hall - CAM
170924 61,812 LOGIS Network Support Information Technology
170925 750 LUSHINE, PEGGY E Other Contracted Services Winter Theatre
170926 160 M. AMUNDSON LLP Misc Taxable Prairie View Liquor Store
170927 4,000 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
170928 10 ,475 MARK VII Misc Taxable Den Road Liquor Store
170929 26 MARSHALLS FARM Operating Supplies Sunbonnet Days
170930 357 MCGUIRE, ROY Insurance Property Insurance
170931 108 MENARDS Repair & Maint .Supplies Sewer Liftstation
170932 95 METRO ATHLETIC SUPPLY Operating Supplies Volleyball
170933 25 METRO FIRE Employment Support Test Fire
170934 500 METRO FIRE OFFICERS ASSN Dues &Subscriptions Fire
170935 348 METROPOLITAN FORD Equipment Parts Fleet Services
170936 57 MEUWISSEN, JESSICA Mileage & Parking Ice Arena
170937 25 MIDWEST ART FAIRS Advertising Cummins House Special Events
170938 510 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
170939 54,019 MINGER CONSTRUCTION INC Improvement Contracts Storm Drainage Projects
170940 200 MINNEAPOLIS RIFLE CLUB Dues &Subscriptions Police
170941 100 MINNESOTA 100 CLUB Dues & Subscriptions Fire
170942 83 MINNESOTA COUNTY ATTORNEYS ASS Printing Police
170943 30 MINNESOTA DEPT OF AGRICULTURE Licenses & Taxes Park Maintenance
170944 240 MINNESOTA GFOA Dues &Subscriptions Finance
170945 85 MINNESOTA REAL ESTATE JOURNAL Dues &Subscriptions Assessing
170946 2,552 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation
170947 123 MINVALCO INC Supplies - HVAC City Hall - CAM
170948 25 MN STATE BOARD OF ASSESSORS Licenses & Taxes Assessing
170949 21,279 MOBILE RADIO ENGINEERING INC Other Assets Reserve
170950 273 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store
170951 55 MPCA Licenses & Taxes Sewer Utility -General
170952 1,595 MRPA Dues &Subscriptions Parks Administration
Check #Amount Vendor /Explanation Account Description Business Unit
170953 4,295 NATIONAL LEAGUE OF CITIES Dues &Subscriptions City Council
170954 1,412 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
170955 4,224 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance
170956 470 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Fleet Services
170957 57 OLSON, ROBERT Tuition Reimbursement/School Police
170958 437 PARADIGM SYSTEM SOLUTIONS, INC Other Hardware Capital Impr . /Maint. Fund
170959 7,616 PAUSTIS & SONS COMPANY Beer Den Road Liquor Store
170960 84 PAWLEY, MEG Lessons &Classes Ice Arena
170961 361 PC MALL Other Hardware Information Technology
170962 33 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
170963 322 PETTY CASH-POLICE DEPT Travel Expense Police
170964 12,869 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store
170965 845 POMP'S TIRE SERVICE INC Tires Fleet Services
170966 701 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Community Center Maintenance
170967 9,244 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
170968 8 ,068 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
170969 1 ,070 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
170970 187 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
170971 22,183 QUALITY WINE & SPIRITS CO Liquor Prairie View Liquor Store
170972 78 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services
170973 285 QWEST Telephone Sewer Liftstation
170974 402 RCM & ASSOCIATES Operating Supplies Telephone
170975 102 RED WING SHOE STORE Clothing & Uniforms General Facilities
170976 444 RUE, RODNEY Mileage & Parking Engineering
170977 141 SBSIINC Software Maintenance Information Technology
170978 111 SCHARBER & SONS Equipment Parts Fleet Services
170979 200 SENSIBLE LAND USE COALITION Dues &Subscriptions City Council
170981 177 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
170982 49,573 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Improvement Projects 1996
170983 160 SOCIETY FOR HUMAN RESOURCE MAN Dues &Subscriptions Human Resources
170984 160 SOCIETY FOR HUMAN RESOURCE MAN Dues &Subscriptions Human Resources
170985 6 ,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service
170986 6 SOUTHWEST OUTDOOR POWER Equipment Repair & Maint Park Maintenance
170987 56 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
170988 9 ,700 SPRINGSTED INCORPORATED Other Contracted Services Project Fund
170989 2,262 SPRINT Wireless Subscription Information Technology
170990 3 ,982 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition &Development
170991 94 ST. LOUIS PARK, CITY OF Tuition Reimbursement/School Police
170992 62 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM
170993 515 STREICHERS Clothing & Uniforms Police
170994 146 SUBURBAN CHEVROLET Equipment Parts Fleet Services
170995 146 SUMMIT FIRE PROTECTION Fire Prevention Permits General Fund
170996 86 SUN NEWSPAPERS Legal Notices Publishing City Clerk
170997 100 SUSA Dues &Subscriptions Utility Operations -General
170998 7,140 SYMPRO INC Prepaid Expenses General Fund
170999 7 TESSCO Equipment Repair & Maint Wireless Communication
171000 474 TESSMAN SEED CO Chemicals Park Maintenance
171001 11,567 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
171002 171 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store
171003 300 TWIN CITY AREA LABOR MGMT COUN Dues & Subscriptions Engineering
171004 388 TWIN CITY FILTER SERVICE INC Operating Supplies Utility Operations -General
171005 431 U S BANK Paying Agent Utility Improvement Fund
171006 1 ,583 UNCOMMON GATHERINGS Other Contracted Services Winter Theatre
171007 1,020 UNIVERSITY OF MINNESOTA Conference Expense Inspections -Administration
171008 27 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
171009 12 UPS Equipment Repair & Maint Water Metering
171010 148 USA BLUEBOOK Safety Supplies Utility Operations -General
171011 14,858 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
171012 189 VERIZON WIRELESS Pager & Cell Phone Police
171013 41,800 VIDEOTRONIX INC Building Repair &Maint.Water Distribution
171014 264 VINO SOURCE, THE Wine Imported Den Road Liquor Store
171015 20 VOGT HEATING & PLUMBING Cash Over/Short General Fund
171016 194 WALMART COMMUNITY Operating Supplies Cummins House Special Events
171017 50 WEYERS, JON Clothing & Uniforms Community Band
171018 375 WIGLEY AND ASSOCIATES Software Information Technology
Check #Amount Vendor / Explanation Account Description Business Unit
171019 1,566 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store
171020 5,754 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
171021 50 WMCA Conference Expense City Clerk
171022 1,060 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
171023 61,853 XCEL ENERGY Electric Street Lighting
171024 1,370 ALLEGRA PRINT & IMAGING General 494 Corridor Commission
171025 783 BACHMAN PRINTING General Bicycle Program
171026 67 COMCAST General 494 Corridor Commission
171027 98 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission
171028 315 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission
171029 320 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
171030 64 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
171031 7 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
171032 20 INTERNET EXPOSURE INC General 494 Corridor Commission
171033 101 K M T COMMUNICATIONS General 494 Corridor Commission
171034 260 LITTLE TRANSPORT PRESS General 494 Corridor Commission
171035 121 MADISON, MELISSA General 494 Corridor Commission
171036 2,500 MESSERLI & KRAMER General 494 Corridor Commission
171037 6,210 MINNEAPOLIS DOWNTOWN COUNCIL Operating Supplies 494 Corridor Commission
171038 36 RANKIN, ANDREW General 494 Corridor Commission
171039 525 SOLUTION BUILDERS General 494 Corridor Commission
171040 25 SOUTHWEST TRANSIT General 494 Corridor Commission
171041 93 VERIZON WIRELESS General 494 Corridor Commission
171042 2,123 WELLS FARGO BANK General Bicycle Program
171043 587 ASCAP Licenses & Taxes Recreation Administration
171044 750 BANK OF NEW YORK, THE Paying Agent $3,390,000 Facility Bond 2000
171045 1,935 BURTON EQUIPMENT INC Operating Supplies Police
171046 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
171047 406 EMMONS & OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
171048 210 GE CAPITAL Other Rentals General
171049 300 GRAY, ALAN Dues &Subscriptions Engineering
171050 181 J H LARSON COMPANY Small Tools Traffic Signals
171051 1,100 LOGIN/IACP Dues &Subscriptions Police
171052 987 METRO SALES INCORPORATED*Other Rentals General
171053 435 MINNESOTA CHIEFS OF POLICE ASS Dues &Subscriptions Police
171054 325 POLICE EXECUTIVE RESEARCH FORU Dues &Subscriptions Police
171055 1,875 PRACTICAL SHOORTING ACADEMY IN Tuition Reimbursement/School Police
171056 225 WILS Conference Expense Recreation Administration
171058 238 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
171059 662 A TO Z RENTAL CENTER Supplies - General Bldg Pool Maintenance
171060 1 ,668 A-SCAPE INC Contract Svcs - Snow Removal Fire Station #4
171061 470 AMEM Dues &Subscriptions Fire
171062 191 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store
171063 1,764 ANCHOR PAPER COMPANY Office Supplies General
171064 1,286 ANCHOR PRINTING COMPANY Printing Senior Center Administration
171065 2,110 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
171066 1,499 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
171067 748 BECKER ARENA PRODUCTS INC Repair & Maint -Ice Rink Ice Arena Maintenance
171068 4 ,959 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store
171069 746 BIFFS INC Waste Disposal Park Maintenance
171070 578 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security City Center Operations
171071 47 BOYER TRUCKS Equipment Parts Fleet Services
171072 396 BUCK, NATHAN Other Contracted Services Volleyball
171073 1,077 BUNCH, DENISE H Other Contracted Services Fitness Classes
171074 300 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow
171075 334 CAT & FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store
171076 9,389 CENTERPOINT ENERGY Gas Fire Station #1
171077 130 CLAREYS INC Office Supplies General
171078 764 COLOR PRINTING Printing Police
171079 238 CONSOLIDATED CONTAINER CO LLC Other Contracted Services Police
171080 219 COOPER, HANNA N Other Contracted Services Organizational Services
171081 5 ,356 CORNERHOUSE Other Contracted Services Police
171082 1,327 CORPORATE EXPRESS Office Supplies Fire
171083 132 CRIPE, JACQUELYN V Other Contracted Services Volleyball
171084 10 CUB FOODS EDEN PRAIRIE Miscellaneous Police
Check #Amount Vendor /Explanation Account Description Business Unit
171085 14 CULLIGAN BOTTLED WATER Operating Supplies Fire
171086 16 ,175 CUSHMAN MOTOR COMPANY INC.Machinery & Equipment Capital Impr . /Maint. Fund
171087 10,661 DAY DISTRIBUTING Beer Prairie Village Liquor Store
171088 2,781 DECORATIVE DESIGNS INC Contract Svcs - Int. Landscape City Center Operations
171089 3 ,201 DESIGNWRITE STUDIOS Other Contracted Services Communication Services
171090 98 DEZENSKI, JEFFREY Miscellaneous Fire
171091 23,153 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall - CAM
171092 854 DOSTAL, DAN Operating Supplies Internal Events
171093 275 DUDA PLUMBING SERVICE INC Other Contracted Services Water System Maintenance
171094 2,401 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
171095 2,537 EARL F ANDERSEN INC Other Contracted Services CIP Pavement Management
171096 747,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire
171097 5,025 EDEN PRAIRIE, CITY OF Land Parks Referendum
171098 110 ELIASON, STEVE J Other Contracted Services Basketball
171099 575 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
171100 150 FBINAA Dues & Subscriptions Police
171101 75 FISCHER, LUKE Conference Expense City Manager
171102 68 FORCE AMERICA Equipment Parts Fleet Services
171103 684 G & K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
171104 1,903 GE CAPITAL Other Rentals General
171105 687 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
171106 1,568 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
171107 4,251 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
171108 20,950 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store
171109 132 GS DIRECT Operating Supplies Engineering
171110 140 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance
171111 500 HAUPT, JASON D Other Contracted Services Smetana Park
171112 280 HENNEPIN COUNTY CHIEFS OF POLL Dues &Subscriptions Fire
171113 818 HENNEPIN COUNTY TREASURER Board of Prisoner Police
171114 916 HENNEPIN COUNTY TREASURER-TAXP Licenses & Taxes Den Road Building
171115 6,293 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service
171116 205 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
171117 300 HENRY, PAUL Other Contracted Services Broomball
171118 274 HILBERT, JUDY Other Contracted Services Rehab
171119 200 HOBART Contract Svcs - Garden Romm Garden Room Repairs
171120 176 HOLMES, TOM Other Contracted Services Volleyball
171121 270 HOUSTON, CHRISTOPHER W Instructor Service Ice Arena
171122 480 IACP Dues &Subscriptions Fire
171123 75 IAFCI Dues &Subscriptions Police
171124 350 ICE SKATING INSTITUTE Licenses & Taxes Ice Arena
171125 20 INDEPENDENT SCHOOL DIST 272 Conference Expense Housing and Community Service
171126 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
171127 37 J H LARSON COMPANY Operating Supplies Den Road Liquor Store
171128 13,060 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
171130 34,607 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store
171131 300 KAISER, DAVID S Repair & Maint -Ice Rink Ice Arena Maintenance
171132 775 KEEPERS Clothing & Uniforms Police
171133 180 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #1
171134 226 LANO EQUIPMENT INC Equipment Parts Fleet Services
171135 506 LANZI,BOB Mileage & Parking Ice Arena
171136 50 LARSON, ALLEN R.Mileage & Parking Police
171137 75 LAURENCE, JUDI Tuition Reimbursement/School Fire
171138 600 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development
171139 247 LIONS TAP Operating Supplies Fire
171140 94 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store
171141 50 MACT Dues &Subscriptions Arts Initiative
171142 345 MAECK, TOM Other Contracted Services Community Band
171143 15,145 MARK VII Beer Prairie Village Liquor Store
171144 205 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store
171145 250 MCLEOD COUNTY SHERIFFS DEPT.Deposits Escrow
171146 135 MCPA Dues &Subscriptions Police
171147 200 MENARDS Equipment Parts Fleet Services
171148 425 METRO FIRE Protective Clothing Fire
171149 501 METRO LEAK DETECTION Other Contracted Services Water System Maintenance
171150 509 METROPOLITAN FORD Equipment Parts Fleet Services
Check #Amount Vendor /Explanation Account Description Business Unit
171151 125 MIAMA Licenses & Taxes Ice Arena
171152 250 MID-STATES ORGANIZED CRIME INF Dues &Subscriptions Police
171153 1,046 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
171154 4,200 MIDWEST DESIGN CO Other Contracted Services Communication Services
171155 1,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
171156 13 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
171157 25 MINNESOTA CHAPTER IAAI Dues &Subscriptions Police
171158 176 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
171159 504 MINNESOTA STATE FIRE DEPT ASSN Dues &Subscriptions Fire
171160 606 MORAN USA, LLC Misc Taxable Den Road Liquor Store
171161 1,428 MRPA Special Event Fees Volleyball
171162 63 MTI DISTRIBUTING INC Equipment Parts Fleet Services
171163 10,500 MUNICIPAL LEGISLATIVE COMMISSI Dues &Subscriptions City Council
171164 73 NARTEC INC Operating Supplies Police
171165 1,515 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
171166 16 NEWPAPER LLC Operating Supplies Internal Events
171167 1,000 NORTH STAR WOMEN'S FIREFIGHTER Dues &Subscriptions Fire
171168 142 O'REILLY AUTO PARTS Equipment Parts Fleet Services
171169 100 OTTEN, ANITA Refunds Environmental Education
171170 1,836 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store
171171 438 PEPSI COLA COMPANY Merchandise for Resale Concessions
171172 19,271 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
171173 6,146 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Community Center Maintenance
171174 638 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
171175 119 PRECISION POURS Misc Taxable Prairie View Liquor Store
171176 590 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
171177 36 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services
171178 497 PROFORMA Miscellaneous Reserve
171179 12,563 PUSH PEDAL PULL Capital Under $10,000 Capital Impr . /Maint. Fund
171180 190 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
171182 18,115 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store
171183 3,055 QWEST Telephone Telephone
171184 144 RAV TECHNOLOGIES INC Contract Svcs - General Bldg Ice Arena Maintenance
171185 125 RAY, LEE Other Contracted Services Basketball
171186 743 RCM & ASSOCIATES Operating Supplies Fleet Services
171187 71 REYNOLDS WELDING SUPPLY CO Repair & Maint .Supplies Water System Maintenance
171188 373 RICHARDSON, JIM Miscellaneous Reserve
171189 250 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Services
171190 559 SCHOEN, JENNY Tuition Reimbursement/School Organizational Services
171191 204 SEVENICH, WENDY Mileage & Parking Community Center Admin
171192 199 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
171193 69 SNAP-ON TOOLS Small Tools Fleet Services
171194 12,274 SOLDO CONSULTING PC Legal General Fund
171195 2,775 SOUTHDALE YMCA YOUTH DEVELOPME Refunds CDBG - Public Service
171196 6,000 SOUTHWEST CORRIDOR TRANSPORTAT Dues &Subscriptions City Council
171197 2,744 SOUTHWEST SUBURBAN CABLE COMMI Dues &Subscriptions City Council
171198 372 SPIRIT APPAREL & STUFF Clothing & Uniforms Ice Arena
171199 18 ,164 SRF CONSULTING GROUP INC Other Contracted Services Planning
171200 2,492 ST CROIX RECREATION CO INC Building Materials Park Maintenance
171201 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
171202 295 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services
171203 330 STILLWATER CONSULTING INC Other Contracted Services Organizational Services
171204 1,300 STREICHERS Training Supplies Police
171205 43 SUN NEWSPAPERS Legal Notices Publishing City Clerk
171206 19,469 THORPE DISTRIBUTING Beer Den Road Liquor Store
171207 461 THREE RIVERS PARK DISTRICT Operating Supplies Internal Events
171208 750 TIETZ, BRADLEY Other Contracted Services Rehab
171209 221 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance
171210 30 UNITED FIREFIGHTERS ASSN Dues &Subscriptions Fire
171211 275 UNIVERSITY OF MINNESOTA Conference Expense City Clerk
171212 97 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
171220 2,505 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication
171221 15 USPCA REGION 12 Dues &Subscriptions Police
171222 45 USPCA REGION 18 Dues & Subscriptions Police
171223 8 VERIZON WIRELESS Pager & Cell Phone Fleet Services
Check #Amount Vendor / Explanation Account Description Business Unit
171224 254 VINO SOURCE, THE Wine Domestic Den Road Liquor Store
171225 201 VINOCOPIA Liquor Den Road Liquor Store
171226 513 WATSON CO INC, THE Merchandise for Resale Concessions
171227 1,292 WINE COMPANY, THE Wine Imported Den Road Liquor Store
171228 4,322 WINE MERCHANTS INC Transportation Den Road Liquor Store
171229 6,699 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store
171230 366 XCEL ENERGY Electric Forest Hills Park
171231 20 YAHOO!Other Contracted Services Police
171232 7,705 YALE MECHANICAL INC Contract Svcs - HVAC City Hall - CAM
171233 222 ZEP MANUFACTURING CO Equipment Parts Fleet Services
171234 502 ZUMBRO RIVER CO Deposits Escrow
171235 900 COMMISSIONER OF TRANSPORTATION Conference Expense Street Maintenance
171236 383 FSH COMMUNICATIONS LLC Telephone Miller Park
171237 300 LAKE SUPERIOR COLLEGE Conference Expense Street Maintenance
171238 1,504 US POSTMASTER - HOPKINS Postage Water Accounting
4,061 ,554 Grand Total
US Bank
Purchase Cards
12/20/07
Amount Supplier /Explanation Vendor Account Description Business Unit
33 US-Photos-Recog.Board RITZ CAMERA CENTER INC Video & Photo Supplies Internal Events
69 US-Working Lunch QDOBA MEXICAN GRILL Tuition Reimbursement/School Police
52 US-Somali Train-R.Kapaun EDEN PRAIRIE SCHOOL Tuition Reimbursement/School Police
10 US-NIK Certif-J.Wresh THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
175 US-Police Train -M.Mohn ATOM Tuition Reimbursement/School Police
68 US-Miller Pk-Hockey AC2 MENARDS Repair &Maint .Supplies Park Maintenance
5 US-Round Pk-Hockey Supp MENARDS Repair &Maint .Supplies Park Maintenance
25 US-W.Plant Kitchen Supp.RAINBOW FOODS INC.Operating Supplies Utility Operations -General
112 US-Wash Bay Supplies MENARDS Repair &Maint. Supplies Water System Maintenance
26 US-SunshineWk Mtg Lunch GINA MARIAS INC Miscellaneous Water System Maintenance
10 US-SunshineWk Mtg Lunch PDQ DELI MART Miscellaneous Water System Maintenance
55 US-Small Tools HOME DEPOT CREDIT SERVICES Small Tools Water System Maintenance
21 US-Office Supplies WALGREEN'S #5080 Office Supplies Utility Operations -General
510 US-Seminar-5 Attendees METROTECH CORPORATION Instructor Service Utility Operations -General
179 US-Parts for Truck #457 NORTHERN TOOL & EQUIPMENT Equipment Parts Fleet Services
399 US-Weights,Racks & Bands SILVERSNEAKERS FITNESS PROGRAM Operating Supplies Fitness Center
129 US-Music for Classes POWER MUSIC INC Operating Supplies Fitness Classes
60 US-Train.DvD's for Instruc.IDEA HEALTH & FITNESS Training Supplies Fitness Classes
109 US-Recerti£-Group Fitness AMERICAN COUNCIL ON EXERCISE Training Supplies Fitness Classes
17 US-Bike Trail Repair MENARDS Improvement Contracts CIP Trails
12 US-Wash Bay Repair Supp.MENARDS Operating Supplies Street Maintenance
48 US-Shop 708 Supplies NAPA AUTO PARTS Lubricants & Additives Water System Maintenance
32 US-Shop 708 Supplies NAPA AUTO PARTS Repair & Maint .Supplies Water System Maintenance
27 US-Water Main Meeting GINA MARIAS INC Miscellaneous Water System Maintenance
259 US-Wtr Main Repair Bands HD WATERWORKS SUPPLY Repair &Maint. Supplies Water System Maintenance
15 US-MN Fire Mtg SWEETWATER GRIL Operating Supplies Fire
70 US-Leadership Guide JONES AND BARTLETT PUBLISHERS Tuition Reimbursement/School Fire
215 US-Membership Dues IAFC Dues &Subscriptions Fire
91 US-Kitchen Supplies-Fire#1 WALMART COMMUNITY Operating Supplies Fire
110 US-Pre-Bld Conf-Engine32 AIRTRAN AIRWAYS Travel Expense Fire
235 US-Pre-Bld Conf-Engine32 NORTHWEST AIRLINES Travel Expense Fire
37 US-Agent Fee NORTHWEST AIRLINES Travel Expense Fire
182 US-Infant CPR Materials WORLDPOINT Tuition Reimbursement/School Fire
106 US-Dinner-Conf-2 Employ.MCCORMICK & SCHMICK Operating Supplies Fire
42 US-Used Battery Charger PAYPAL INC Equipment Parts Water Treatment Plant
257 US-Bay Shaker Filter Bags DONALDSON COMPANY INC Equipment Parts Water Treatment Plant
431 US-Automatic Lab Burets BRANDTECH SCIENTIFIC Process Control Equipment Water Treatment Plant
15 US-Acid Brushes MCMASTER-CARR SUPPLY CO.Operating Supplies Utility Operations -General
307 US-Well House Tools NORTHERN TOOL & EQUIPMENT Small Tools Water Wells
613 US-Safety Equipment BANTASAW ACCESS LTD Safety Supplies Utility Operations -General
38 US-Plant Maint Shovels WALMART COMMUNITY Small Tools Water Treatment Plant
125 US-Springsted Reg Sympo.PAYPAL INC Conference Expense Community Development Admin.
65 US-Springsted Reg Sympo.NAIOP Conference Expense Community Development Admin.
32 US-Mtg-Larry Lee/J.Jeremiah MAJOR SPORTS CAFE Miscellaneous Community Development Admin.
74 US-Park Maint Tools HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance
4 US-Pk Maint Supplies MERLINS ACE HARDWARE Repair & Maint .Supplies Park Maintenance
52 US-Pk Maint Supplies MENARDS Operating Supplies Park Maintenance
9 US-Faucet Extender MENARDS Building Repair &Maint.Park Maintenance
20 US-Pk Maint Supplies MENARDS Operating Supplies Park Maintenance
38 US-EP Profess in Aging Mtg DUNN BROTHERS COFFEE Miscellaneous Housing and Community Service
52 US-HRDC Display Materials OFFICEMAX CREDIT PLAN Operating Supplies City Council
2,343 US-LEEP Training-Jill Eck INTERNATIONAL LEADERSHIP ASSOC Training Supplies Organizational Services
5,652 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund
560 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund
288 US-Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund
100 US-Red Hats Event CHANHASSEN DINNER THEATRE Special Event Fees Red Hat
75 US-Sr. Ctr Kitchen Supplies WALMART COMMUNITY Operating Supplies Senior Board
125 US-Sr. Ctr Coffee Maker COSTCO Operating Supplies Senior Board
476 US-Red Hats Event CELEBRATION CHURCH Special Event Fees Red Hat
622 US-Red Hats Event CHANHASSEN DINNER THEATRE Special Event Fees Red Hat
164 US-Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Arena
258 US-Push Chairs-OpenSkate MIDWEST SKATE COMPANY Operating Supplies Ice Arena
571 US-Refriger.Homeward Hills BEST BUY Capital Under $10,000 Park Facilities
54 US-Small Tools-Truck #718 MENARDS Small Tools Sewer Utility -General
365 US-EDAM Annual Member.EDAM Dues &Subscriptions Economic Development
766 US-Celebra-Mtg -Task Force WILDFIRE Awards Environmental Education
Amount Supplier/ Explanation Vendor Account Description Business Unit
151 US-Conserv.Comm.Awards PAPER DIRECT INC Awards Environmental Education
93 US-Clean.ThleclothsTH Mtg CLEAN "N" PRESS Miscellaneous Communication Services
46 US-Welcome Lunch-K.Knoll CAMPIELLO Miscellaneous Communication Services
300 US-Annual Members.Dues PRSA Dues & Subscriptions Communication Services
58 US-Logis Study Mtg-4 Emp OLD CHICAGO RESTAURANT Miscellaneous City Manager
359 US-Council Wkshop Food QDOBA MEXICAN GRILL Miscellaneous City Council
55 US-Manufac Conf.S.Butcher QDOBA MEXICAN GRILL Miscellaneous City Council
55 US-Manufac Conf.D.Lindahl COLLABORATIVE, THE Miscellaneous Economic Development
199 US-Senate Cap Invest.Com D BRIAN'S DELI & CATERING Miscellaneous Reserve
171 US-Senate Cap Invest.Com HILTON GARDEN INN Miscellaneous Reserve
8 US-Blog TIGER TECHNOLOGIES Software Information Technology
339 US-Council Wkshop Food BAKERS' RIBS Miscellaneous City Council
28 US-Lunch w/Esbensen/Kurt NEW BEIJING CHINESE RESTAURANT Miscellaneous City Manager
87 US-Wtr Main Break Repair MENARDS Repair & Maint. Supplies Water System Maintenance
126 US-Wtr- Main Break Repair AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance
89 US-Wtr- Main Break Repair AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance
11 US-Camera -Sewer Backup AZTEC BP Office Supplies Sewer Utility - General
20 US-Food-Wtr Valve Repair CHIPOTLE Miscellaneous Water System Maintenance
20 US-Boiler License-Pitkanen DEPT OF LABOR & INDUSTRY Licenses & Taxes Water Treatment Plant
20 US-Boiler License-Punton DEPT OF LABOR & INDUSTRY Licenses & Taxes Water Treatment Plant
20 US-Boiler License-Albert DEPT OF LABOR & INDUSTRY Licenses & Taxes Water Treatment Plant
20 US-Boiler License-Adelmann DEPT OF LABOR & INDUSTRY Licenses & Taxes Water Treatment Plant
53 US-Planter Covers-Sr.Ctr.MENARDS Landscape Materials/Supp Park Maintenance
8 US-Curb Markers-Purgatory HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
507 US-Flags CVS WHOLESALE FLAGS Supplies - General Building City Center Operations
110 US-Uniform Officer Hunt COPSHOES Clothing & Uniforms Reserves
99 US-Uniform-Officer Brettin COPSHOES Clothing & Uniforms Reserves
18 US-Dispatcher Train.Book FIRST CONTACT 9-1-1 INC Training Supplies Police
275 US-Flags & Poles ONLINE STORES.COM Repair & Maint. Supplies City Center Operations
48 US-Dept Lunch Meeting DAVANNI'S PIZZA Miscellaneous Police
42 US-Emergency Cots ARMY SURPLUS WORLD.COM Operating Supplies Police
30 US-Miscellaneous Tools NORTHERN TOOL & EQUIPMENT Operating Supplies Street Maintenance
99 US-Ithaca Ribbon Cassette CDW GOVERNMENT INC.Operating Supplies Community Center Admin
79 US-Color Ribbon, YMCO CDW GOVERNMENT INC.Operating Supplies Community Center Admin
42 US-Construct.Meter Repair NAPA AUTO PARTS Repair & Maint. Supplies Water Metering
70 US-Outdooor Ctr-Aquariums PETCO Capital Under $10,000 Outdoor Center
30 US-Batteries MENARDS Operating Supplies Fleet Services
65 US-Office/Prairie Fest Supp.OFFICEMAX CREDIT PLAN Operating Supplies Youth Programs Administration
22 US-Office/Prairie Fest Supp.OFFICEMAX CREDIT PLAN Operating Supplies Youth Programs Administration
908 US-Trip Tickets MINNESOTA WILD Operating Supplies Special Events & Trips
145 US-Recog.Gift-J.Richardson CABELA'S MKTG & BRAND MGT INC Employee Award Internal Events
196 US-Recog.Gift-J.Richardson CABELA'S MKTG & BRAND MGT INC Employee Award Internal Events
17 US-Fall Recog-Snacks RAINBOW FOODS INC.Miscellaneous Internal Events
517 US-Employee Recog Lunch BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events
72 US-Cummins House Christm.RAINBOW FOODS INC.Operating Supplies Cummins House Special Events
85 US-Sat Night Out Program BRUNSWICK BOWLING LANES Operating Supplies Teen Programs
2 US-Sat Night Out Prog Supp KOWALSKI'S MARKET Operating Supplies Teen Programs
13 US-Prairie Fest Supplies WALMART COMMUNITY Operating Supplies Youth Programs Administration
22 US-Prairie Fest Supplies WALMART COMMUNITY Operating Supplies Youth Programs Administration
299 US-Prairie Fest Food D BRIAN'S DELI & CATERING Operating Supplies Youth Programs Administration
108 US-Around Town Program HOWARD CONN FINE ARTS CENTER Special Event Fees Around Town
25 US-Needs Assess.Lunch-4 GARDEN ROOM FRATELLI'S GARDEN Conference Expense Information Technology
54 US-Web Security-e-permits PAYPAL INC Software Maintenance Information Technology
40 US-Auto Run App.-J.Good RJL SOFTWARE Software Information Technology
325 US-Govern.Train.-Lisa Wu PAYPAL INC Conference Expense Information Technology
195 US-GovernTrain-R.Browning PAYPAL INC Conference Expense Information Technology
195 US-Govern Train-A.Feidt PAYPAL INC Conference Expense Information Technology
12 US-Punch Bowl-Empl.Recog TARGET Operating Supplies Internal Events
37 US-Stakeholder's Meeting CUB FOODS EDEN PRAIRIE Other Contracted Services Economic Development Fund
51 US-Stakeholder's Meeting CARIBOU COFFEE Other Contracted Services Economic Development Fund
115 US-NTHP Memb.-J.Gertz NATIONAL TRUST FOR HISTORIC PR Dues & Subscriptions Heritage Preservation
25,400 Grand Total