HomeMy WebLinkAboutCity Council - 09/07/2010 AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 7, 2010 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy
Nelson, and Ron Case
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 Ri c Rosow and Council Recorder Jan Curielli
I. ROLL CALL /CALL THE MEETING TO ORDER
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 17, 2010
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 17, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE RIDGE AT
RILEY CREEK 3RD ADDITION
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE SHNEAD
ADDITION
D. ADOPT RESOLUTION APPROVING COOPERATIVE CONSTRUCTION
AGREEMENT WITH MNDOT FOR TH 169/I-494 PROJECT
E. AWARD CONTRACT FOR RILEY CREEK BANK STABILIZATION
PROJECT TO MINNESOTA NATIVE LANDSCAPES
F. AWARD CONTRACT FOR INSTALLATION OF DUGOUT COVERS ON
CITY COUNCIL AGENDA
September 7, 2010
Page 2
BALLFIELDS AT MILLER PARK TO PASS FENCING
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
ENGINEERING SERVICES FOR UTILITIES CAPITAL IMPROVEMENT
PROJECTS FOR 2010-2011
IX. PUBLIC HEARINGS/MEETINGS
A. CUMMINS GRILL HOUSE SEWER AND WATER C.O.A. Certificate of
Appropriateness for sewer and water utilities extension for the R. Cummins
Homestead.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Private Mowing of Public Land—Council Member Nelson
2. Special Services District for Pond Maintenance and Treatment—
Council Member Nelson
B. REPORT OF CITY MANAGER
1. Budget Advisory Commission Recruitment Process
2. Resolution Certifying Proposed 2011 Property Tax Levy,Accepting
Proposed 2011 Budget, Setting Public Hearing Date & Consenting and
Approving the HRA Tax Levy
3. Flying Cloud Fields Leases
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Lease of City Owned Property Located at 8098 Glen Lane
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL AGENDA
September 7, 2010
Page 3
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: September 3, 2010
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, September 7, 2010
TUESDAY, SEPTEMBER 7, 2010 7:00 PM, COUNCIL CHAMBER
I. ROLL CALL / CALL THE MEETING TO ORDER
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
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.
HRA MEETING
I. ROLL CALL / CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2009
MOTION: Move to approve the minutes of the HRA meeting held on
December 1, 2009.
III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2011 PROPERTY TAX
LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2011 BUDGET OF
$200,000
Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City
Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of
up to .0185 percent of taxable market value. The proceeds may be spent on planning and
implementation of redevelopment and/or low-rent housing assistance programs with the City.
The limit for the City of Eden Prairie is approximately$1.6 million.
MOTION: Move to adopt the resolution to approve the proposed 2011
property tax levy to be $200,000 and accept the proposed 2011 budget of
ANNOTATED AGENDA
September 7,2010
Page 2
$200,000.
IV. ADJOURNMENT
MOTION: Move to adjourn the HRA.
COUNCIL MEETING
IV. PROCLAMATIONS / PRESENTATIONS
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 TUESDAY,AUGUST 17, 2010
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 17, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-G on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE RIDGE AT
RILEY CREEK 3RD ADDITION
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE SHNEAD
ADDITION
D. ADOPT RESOLUTION APPROVING COOPERATIVE CONSTRUCTION
AGREEMENT WITH MNDOT FOR TH 169/I-494 PROJECT
E. AWARD CONTRACT FOR RILEY CREEK BANK STABILIZATION
PROJECT TO MINNESOTA NATIVE LANDSCAPES
F. AWARD CONTRACT FOR INSTALLATION OF DUGOUT COVERS ON
BALLFIELDS AT MILLER PARK TO PASS FENCING
ANNOTATED AGENDA
September 7,2010
Page 3
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR
ENGINEERING SERVICES FOR UTILITIES CAPITAL IMPROVEMENT
PROJECTS FOR 2010-2011
IX. PUBLIC HEARINGS/MEETINGS
A. CUMMINS GRILL HOUSE SEWER AND WATER C.O.A. Certificate of
Appropriateness for sewer and water utilities extension for the R. Cummins
Homestead.
Official notice of this public hearing was published in the August 26, 2010,Eden
Prairie News and sent to 5 property owners.
Synopsis: The John R. Cummins Homestead was designated a Heritage Preservation
Site on September 16, 1997. The property was added to the National Register on
October 13, 1982. It is one of two sites in Eden Prairie on the NRHP. A Certificate of
Appropriateness (COA) is required to make any change in, on, or to a designated
Heritage Preservation Site. Any proposed change, addition or alteration to a building,
structure or site must meet the Secretary of the Interior's Standards and Guidelines
for Historic Preservation Projects. The Heritage Preservation Commission and staff
reviewed the Sewer and Water Extension Plan to ensure compliance with these
standards. The City Council approves the Certificate of Appropriateness.
The Eden Prairie Historical Society is requesting approval of a Certificate of
Appropriateness for extension of sewer and water utilities from the existing sewer and
water mainline stubs located at Pioneer Trail to a termination point on the west side
of the John R. Cummins House. Trenching for the utilities will follow the existing
driveway alignment to minimize disturbance to the sites lawn areas. Utilities will then
be brought into the house by a qualified plumber for connection to the homes existing
bathroom and kitchen. The water supply will also be connected to exterior hose bibs,
and be made available for a future interior fire suppression system.
The plan is found to meet preservation standards applicable to this application request
based on the following:
• That notice of the meeting was published in the local paper
• That proper notice was given to property owners within 350 feet of the site
• That the application for review and sufficient documentary information on the
sewer and water extension project was provided to the HPC
• That the application does meet the Secretary of The Interior's Standards, and the
specific Criteria for Certificate of Appropriateness items as follows:
C. 1. Every reasonable effort shall be made to provide a compatible use for the
property which requires minimal alteration of the buildings, structure, or site and its
environment, or to use the property for its originally intended purpose.
The Sewer and Water Extension Plan is found not to be incongruous to the original
use or character of the heritage site. The historic farmhouse landscape features will be
ANNOTATED AGENDA
September 7,2010
Page 4
retained and all areas disturbed by construction will be restored to pre-construction
condition.
C.2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal of any historic material or
distinctive features should be avoided when possible.
No buildings or distinctive features will be destroyed by the utility work. Historic
gardens and trees have been identified and will be protected. All areas disturbed by
construction activity will be restored to pre-construction condition, including
reseeding lawn areas and restoration of the historic driveway surface. Means to
protect significant trees in the construction area will be taken to ensure no trees are
lost.
C.3.All buildings, structures and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be avoided.
No alteration of an existing structure is planned. The Sewer and Water Extension
Plan, as submitted does not alter existing historical features, or recreate an earlier
farmstead feature or appearance.
C.4. Changes which have taken place in the course of time are evidence of the history
and development of a building, structure or site and its environment. These changes
may have acquired significance in their own right, and this significance shall be
recognized and respected.
Not applicable.
C.S.Distinctive stylistic features or examples of skilled craftsmanship which
characterizes a building, structure, or site shall be treated with sensitivity.
Not applicable.
C.6.Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material should
match the material being replaced in composition, design, color, texture, and other
visual qualities. Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historic,physical, or
pictorial evidence rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
Not applicable.
C.7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage historic building
materials shall not be undertaken.
ANNOTATED AGENDA
September 7,2010
Page 5
Not applicable.
C.8.Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any acquisition, stabilization,preservation,
rehabilitation, restoration or reconstruction project.
No archaeological resources are known to exist in the area that will be impacted by
the utility work. The work will be monitored during the trenching phase for possible
archaeological content.
C.9. The Commission and the Council shall also consider, when appropriate, the
Secretary of The Interior's Specific Standards for Preservation Projects.
The Secretary of The Interior's Standards for The Treatment of Historic Properties
and Guidelines for The Treatment of Cultural Landscapes were considered in the
review of this application.
The Eden Prairie Heritage Preservation Commission held a public meeting on August
16, 2010, and reviewed the Sewer and Water Extension Plan per City Code, Section
11.05, Subd. 8.C., Criteria for Certificate of Appropriateness. The Commission voted
in favor (4-0) and recommends that the City Council approve the application for
Certificate of Appropriateness No. 2010-03-004, with the following condition:
Prior to starting work, the Eden Prairie Historical Society and its utility contractor
consult with City staff on avoiding impacts to significant trees in the trenching
alignment area.
The Eden Prairie Historical Society now leases the John R. Cummins Homestead
from the City and per the lease agreement; the Historical Society is responsible for
extension of new utilities to the house. As part of its core mission to provide quality
programs and public access to the house, the Historical Society plans to make City
approved improvements to the home that provide better functionality and address
access and safety needs. Extension of City sewer and water service is the first phase
of the planned improvements.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Findings of Fact and Approve Certificate of Appropriateness
#2010-03-004 For the John R. Cummins House Sewer and Water
IExtension Plan
X. PAYMENT OF CLAIMS
MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
ANNOTATED AGENDA
September 7,2010
Page 6
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Private Mowing of Public Land—Council Member Nelson
2. Special Services District for Pond Maintenance and Treatment—Council
Member Nelson
B. REPORT OF CITY MANAGER
1. Budget Advisory Commission Recruitment Process
2. Resolution Certifying Proposed 2011 Property Tax Levy,Accepting
Proposed 2011 Budget, Setting Public Hearing Date & Consenting and
Approving the HRA Tax Levy
Synopsis: Minnesota Law and administration rules prescribe a detailed
process for public notification and participation in setting taxes and budgets of
local governments. Cities must adopt a proposed net property tax levy by
September 15 and certify it to the county auditor. In addition, the City Council
must accept a proposed budget for the coming year. The City must announce
at this Council meeting the future time and date of the regularly scheduled
meetings at which the budget and levy will be discussed and public testimony
taken. The Council must adopt the final tax levy and budget by December 15.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City
Council. This resolution gives the consent needed for the HRA.
MOTION: Move to adopt the resolution that:• Certifies the proposed 2011 property tax levy to be $32,761,605;
and
• Sets December 7th, 2010 as the meeting which will include
discussion of the budget and provide for public comment; and
• Accepts the proposed 2011 budget of $41,465,943; and
• Consents and approves the HRA tax levy of $200,000.
3. Flying Cloud Fields Leases
Synopsis: Following the City Council's discussion of these lease agreements
at the August 17 Council meeting, City Attorney Ric Rosow and I met with
representatives from the Metropolitan Airports Commission(MAC) on
August 25 to discuss the Council and staff's concerns about MAC's proposal
to link the Flying Cloud Fields and Flying Cloud Fields Expansion Area
ANNOTATED AGENDA
September 7,2010
Page 7
leases with a newly proposed Memorandum of Understanding(MOU)that
would govern the MAC's future development of its excess land around Flying
Cloud Airport.
It became clear to us at the August 25 meeting that there was a fundamental
misunderstanding between the parties about what was going to be presented to
the MAC on July 19 and the City Council on July 20. I believe that we have
resolved the issues of intent and process that were part of the Council's
August 17 discussion. City and MAC representatives have now agreed to
separate the consideration of the lease agreements from the development
MOU. The representatives also agreed to present the lease agreements to the
governing bodies of both parties before giving formal consideration to the
development MOU. The City Council will consider the lease agreements at
the September 7 meeting, while MAC will consider the same agreements at
the September 20 commission meeting.
The agreements before the Council at the September 7 meeting are essentially
the same agreements reviewed by the Council at the July 20 meeting, with two
differences:
1. The City had proposed language in the previous versions of the leases that
set out parameters and process to determine annual lease payments in
future terms of the lease. MAC did not agree to that language. It is not
included in the lease documents.
2. In the previous set of lease documents approved by the Council there was
a separate lease for the garden plots. We did not reach an agreement on
the lease terms for the garden plots, so that lease is not being proposed for
approval by the Council at the September 7 meeting.
City staff will provide the Council with additional context and background
information about the Flying Cloud Fields Expansion Project at the September
7 Council Workshop. I recommend the Council approve the two leases that
are included in the September 7 Council agenda. Staff will continue to work
with MAC on the garden plot lease and the development MOU.
MOTION: Move to approve lease agreements with the Metropolitan
Airports Commission for Flying Cloud Fields and the Flying Cloud
Fields Expansion Area.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Lease of City Owned Property Located at 8098 Glen Lane
Synopsis: The enclosed lease is for a daycare at the City owned property
located at 8098 Glen Lane, a property formerly owned by Kindercare daycare.
The basic terms of the lease are as follows:
Term: 5 years(w/options to renew)
Rent/SF Monthly
Months Per Year Rent Annual Rent Total Rent
ANNOTATED AGENDA
September 7,2010
Page 8
1-4+* $ 0.00 $ No Rent
5— 12 $14.00 $5,541.67 $44,333.36 $ 44,333.36
13-60** $14.00 $5,541.67 $66,500.00 $266,000.00
Total Rent-5 Years $310,333.33
Tenant Improvements: Tenant pays all improvements
Broker Commissions: None
Landlord Work: None
Common Area Maintenance: Tenant pays
Property Taxes/Insurance: Tenant Pays
Lease Commencement: September 8, 2010
Sale Clause: City can sell the property at anytime, but must provide tenant 365
days notice.
The City acquired 8098 Glen Lane property on March 1, 2010 as part of a
taking for the Singletree Lane road expansion. What remains after the road
taking is a 4,750 square foot building on a 26,615 square foot site. The City
Council initially instructed staff to sell the remaining property but on June
15th decided to try and lease it until a suitable redevelopment proposal
emerges that is consistent with the City's Town Center plans.
During the months the property was on the market staff received numerous
inquiries about leasing the roperty and those parties were invited to submit
lease proposals by June 24t . Two proposals were submitted and both were for
daycare uses. Based on the income projections, financial statements, and
resumes provided by each party it appeared they both had the ability and
financial support to operate a daycare. However, the Ace proposal is being
recommended because it will provide about $70,000 more rent through the
term of the lease. Ace daycare will be owned and operated by Eden Prairie
residents Khadra Hirsi and Mohamed Arab, a married couple that currently
operate a daycare out of their home. Khadra is also a part time employee of
the City of Eden Prairie.
The lease includes a sale clause so the City has the option of selling the
property at any time, provided a one-year notice is given to the tenant so they
have time to relocate their business. Since the future sale of this property will
likely be for redevelopment, which typically requires good deal of time to
plan and execute, a one year notification should not be an issue for the City.
MOTION: Move to approve a new lease between the City of Eden
Prairie and Ace Daycare for a child daycare center at the City
owned property located at 8098 Glen Lane.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
ANNOTATED AGENDA
September 7, 2010
Page 9
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 7, 2010 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young,
Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow,
Finance Director Sue Kotchevar and Recorder Jan Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2009
III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2011 HRA PROPERTY
TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2011 HRA
BUDGET OF $200,000
IV. ADJOURNMENT
HRA ITEM NO.: II.
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,DECEMBER 1, 2009 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young,
Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Community
Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar
and Recorder Jan Curielli
I. ROLL CALL /CALL THE MEETING TO ORDER
Chair Young called the meeting to order at 7:03 PM in shared session with the Council
meeting. All members were present.
II. APPROVE MINUTES OF HRA MEETING HELD ON NOVEMBER 17, 2009
MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the
HRA meeting held on November 17, 2009 as published. Motion carried 5-0.
III. ADOPT RESOLUTION HRA 2009-05 CERTIFYING THE 2010 HRA PROPERTY
TAX LEVY TO BE $200,000 AND APPROVING THE 2010 HRA BUDGET OF
$200,000
Neal said on September 1, 2009, the HRA approved the proposed 2010 HRA property tax
levy and budget. Also on September 1, 2009, the Eden Prairie City Council adopted
resolutions consenting and approving the proposed 2010 HRA property tax levy. Minnesota
Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution
gives the consent needed for the HRA. He noted this is the same HRA property tax levy the
City Council has had in force for the past six years. He said these funds are used to
supplement general fund operating dollars.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution HRA 2009-05 certifying
the 2010 property tax levy to be $200,000 and approving the 2010 budget of$200,000 as
reviewed by the Council. Motion carried 5-0.
IV. ADJOURNMENT
MOTION: Duckstad moved, seconded by Nelson, to adjourn the HRA. Motion carried
5-0. Chair Young adjourned the HRA meeting at 7:05 PM.
HOUSING AND REDEVELOPMENT AUTHORITY DATE:
AGENDA September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III.
Office of the City Manager/ Resolution approving proposed 2011 HRA
Finance, Sue Kotchevar property tax levy and accepting the proposed
2011 budget
Requested Action
Move to: Adopt the resolution to approve the proposed 2011 property tax levy to be $200,000
and accept the proposed 2011 budget of$200,000.
Background Information
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per
Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent
of taxable market value. The proceeds may be spent on planning and implementation of
redevelopment and/or low-rent housing assistance programs with the City. The limit for the
City of Eden Prairie is approximately$1.6 million.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY
H.R.A. RESOLUTION NO. 2010-
A RESOLUTION APPROVING THE HRA PROPOSED 2011 PROPERTY TAX LEVY
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has
reviewed the proposed 2011 budget and tax levy; and
WHEREAS,the Housing and Redevelopment Authority has decided to accept these
recommendations.
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority:
1. Approves the following proposed taxes on real and personal property within the
City of Eden Prairie for the 2011 budget contingent upon City Council approval.
Levy on Tax Capacity $200,000
2. Approves the 2011 proposed budget totaling $200,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on September 7, 2010.
Phil Young, Chairperson
SEAL
ATTEST:
Scott H. Neal, Executive Director
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY,AUGUST 17, 2010 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, Ron Case, 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, City Attorney Ric
Rosow, and Recorder Lorene McWaters
Heritage Room II
Mayor Young was absent.
I. 2011 BUDGET
Neal presented a PowerPoint on the proposed 2011 budget. He said the tentative 2011
budget was approved by the City Council in late 2009 as part of the two-year budget cycle.
Neal said there are slight differences in the original proposed budget and the updated budget
being presented tonight. Proposed service levels are the same; however, the numbers are
more precise.
2010 2011 2011
Adopted Proposed Percent Proposed Difference Percent
12/1/2009 12/1/2009 Difference Change 8/17/2010 from 2010 Change
General
Fund $27,999,013 $28,836,887 $ 837,874 3.0% $28,750,945 $751,932 2.7%
MVHC 490,042 490,042 0 0.0% 490,042 0 0.0%
Capital
Improvement
Fund 89,894 89,894 0 0.0% 89,894 0 0.0%
Debt Service 1,770,724 1,760,724 (10,000) (0.6%) 1,760,724 (10,000) (0.6%)
HRA 200,000 200,000 0 0.0% 200,000 0 0.0%
Market
Value Debt 1,660,000 1,670,000 10,000 0.6% 1,670,000 10,000 0.6%
Less Fiscal
Dispartiy
Distribution (1,696,687) (1,696,687) 0 0.0% (1,600,000) 96,687 (5.7%)
Total Levy $30,512,986 $31,350,860 $837,874 2.7% $31,361,605 $848,619 2.8%
Neal listed several increases in the proposed budget. They include:
• A two percent wage increase - $272,000
• Two additional police officers - $156,000
• 2010 step increases - $76,000
• Health Insurance - $175,000
• Pension/FICA - $156,000
• Severance - $111,000
• Duty Crew- $240,000
The proposed budget, including these changes, represents a 2.8 percent increase over 2010.
Neal also presented a graph depicting cumulative growth of assessment values in Eden
Prairie. He noted that in 2009 and 2010, for the first time, values of all three types of
properties (commercial, industrial and residential) are in decline at the same time. He said
staff is monitoring this trend and trying to get a handle on how much of a concern that is.
City Assessor Steve Sinell showed a spreadsheet of tax rate projections and their associated
tax impacts. Sinell said the residential trend line is down by between 3 and 4 percent so far
this year. Commercial and industrial properties are a more mixed bag. The trend line is not
as solid for those types of properties. Sinell showed tax impacts based on three property
value scenarios—the "likely"projection, the "optimistic"projection and the"pessimistic"
projection.
Finance Manager Sue Kotchevar also presented a spreadsheet that shows the detailed
impacts of various budget scenarios.
Council Member Aho and Duckstad asked for electronic copies of both Sinell's and
Kotchevar's spreadsheets.
Kotchevar said the next step in the budget process is for the City Council to approve a
preliminary levy at their September 7 City Council Meeting. A joint workshop with the
Budget Advisory Commission is scheduled for November 16.
Neal said if Council Members have additional budget scenarios they would like staff to run,
they should let him know. Aho said it appears that property values won't affect the levy that
much. He said the thing the Council has the most control over is the budget itself.
Nelson said she would like to explore whether or not setting a new cap on how much PTO
employees can accrue would help reduce the size of the severance fund.
Duckstad said he noticed the Budget Advisory Commission did not submit any
recommendations for budget cuts. He would like to ask them for their ideas on areas of
reduction.
Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,AUGUST 17, 2010 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and
Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public
Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Rick
Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:00 PM. All Council Members were present.
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. THREE RIVERS PARK DISTRICT UPDATE
Cris Gears, Larry Blackstad, and Rosemary Franzese, representing Three Rivers
Park District, gave a PowerPoint presentation and overview of recent activities in
the park system. They are currently working on a draft vision plan that will be
shared with the cities when it is completed.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Duckstad added Items XIV.A.1. and XIV.A.2. Case added Item XIV.A.3.Neal added
Item XIV.B.2.
MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JULY 20, 2010
MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the
City Council workshop held Tuesday, July 20, 2010, as published. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 20, 2010
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MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City
Council meeting held Tuesday, July 20, 2010, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. PLANNING COMMISSION UPDATE
Kevin Schultz, Vice Chair of the Planning Commission gave a PowerPoint
presentation reviewing the duties and responsibilities of the commission and giving
an update on their activities during the year.
Nelson noted Mr. Schultz mentioned the commission is beginning discussion on
rain water gardens and permeable pavers and asked if they will bring something on
that to a City Council workshop. Schultz said they are in the initial phase and will
meet with the Conservation Commission to develop a joint recommendation to the
Council.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. THE RIDGE AT RILEY CREEK 3ID ADDITION by A.J. Rouse, LLC
Second Reading of Ordinance 14-2010-PUD-4-2010 for Planned Unit
Development District Review and Zoning District Amendment within the R1-13.5
Zoning District on 3.4 acres. Location: 9820 Sky Lane. (Ordinance No. 14-2010-
PUD-4-2010 for PUD District Review and Zoning District Amendment)
C. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS
TOWER by Clearwire. Location: 8950 Eden Prairie Road.
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC.,
FOR PHASE 2 I&I REMOVAL PROJECT
E. ADOPT RESOLUTION NO. 2010-54 APPROVING PLAT NAME CHANGE
TO GRACE CHURCH SECOND ADDITION
F. APPROVE CHANGE ORDER #1 REQUEST FOR STUDY AREAS 1 AND 2
EROSION STABILIZATION PROJECT
G. ADOPT RESOLUTION NO. 2010-55 DECLARING ABANDONED
PROPERTY
H. ADOPT RESOLUTION NO. 2010-56 AUTHORIZING EXECUTION OF
THE 2010 CDBG SUBRECIPIENT AGREEMENTS
I. AWARD CONTRACT FOR MILLER PARK SCOREBOARDS TO AIM
ELECTRONICS
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J. AUTHORIZE WINTER LRT TRAIL USE AGREEMENT WITH THREE
RIVERS PARK DISTRICT
K. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS
TOWER by AT & T. Location: 13708 Holly Road
Duckstad asked that Item D be removed for separate discussion.
MOTION: Duckstad moved, seconded by Case, to approve Items A-C and E-K on
the Consent Calendar. Motion carried 5-0.
Duckstad said Item D is the approval of a professional services agreement with
SEH, Inc. for the Phase 2 I&I removal project. He asked if bids were obtained for
the work since the amount of the contract approaches $300,000. Dietz said the City
can select the consultant because it is a professional service contract; however,
SEH, Inc. has been the consultant on this project for several years now. He said we
chose to use another consultant for the home inspection phase of the project
because their bid was lower than that of SEH. This agreement is to do smoke
testing to determine what is leaking in the sewer system. He noted there are not
many consultants who can do this kind of work.
Duckstad asked if there is any part of this work that City employees could do in-
house. Dietz said staff could learn to do the work, but our staffing levels at this
time would not permit it. The consultant has a crew of four people, and the City
does not have that many employees available during construction season.
MOTION: Case moved, seconded by Nelson, to approve the professional services
agreement with SEH, Inc., for the Phase 2 I&I removal project. Motion carried 5-
0.
IX. PUBLIC HEARINGS/MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Aho, to approve the payment of claims as
submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson
and Young voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. ADOPT RESOLUTION NO. 2010-57T0 CONTINUE PARTICIPATION IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER
THE METROPOLITAN LIVABLE COMMUNITIES ACT
Neal said participation in the voluntary Metropolitan Livable Communities Act
Local Housing Incentives Account(LCA LHIA)provides the City with the
opportunity to compete for grants and loans to support activities that help the City
meet its affordable and life cycle housing goals, clean up polluted sites, and support
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August 17,2010
Page 4
demonstration projects linking jobs, housing and transit. The City previously
elected to be a participant and has been approved for grants. He said on July 2,
2010, the City Council received copies of a letter from the Metropolitan Council
dated June 25, 2010 regarding our continued participation in the Livable
Communities Local Housing Incentives Account. The letter outlined the City's
goals for affordable and life-cycle housing from 2011 through 2020. Based upon
our projected employment and household growth over the next decade (as adopted
in our latest Comprehensive Plan), the Metropolitan Council has established Eden
Prairie's affordable housing goal range as 1,198 to 1,843 units and our life-cycle
housing goal range as 1,840 to 3,500 units over the next decade. The Metropolitan
Council is asking the City to pass a resolution incorporating these goals and
provide a copy to the Metropolitan Council no later than September 1, 2010.
Neal said on July 20, 2010, the City Council heard a report from the Community
Development Director regarding this matter. While the goals are very aggressive
and dependent upon a rebound in development activity, there are no serious
consequences if the City does not meet the goals. However, there could be serious
ramifications from discontinuing participation in the LCA LHIA program.
Jeremiah said if we do not elect to participate in this we could possibly lose the
grant for about $850,000 to Presbyterian Homes. She noted these are very
aggressive goals.
Duckstad asked if all the possible consequences were mentioned if we do not elect
to participate. Jeremiah said in addition to possibly losing the grant already
approved we would not be able to apply for any future grants. She said there might
be a perception that Eden Prairie was not doing its fair share in the metropolitan
area. Duckstad asked if passing the resolution would mean we would commit to the
guideline that has been set out. Jeremiah said that was correct.
Nelson asked if she was correct to assume that, when the Presbyterian Homes
project is built, it will take us a long way towards meeting these goals. Jeremiah
said that project is anticipated to have at least a 20% affordable housing
component, and they are also talking to them about increasing the percentage above
20%. The Presbyterian Homes project would help accommodate seniors in
particular, but there is also a work force component to the plan.
Duckstad asked about the amount of the grant to Presbyterian Homes and if it
would be distributed directly to them. Jeremiah said the grant is for$848,300, and
it would be distributed to the City for road work and storm water improvements
related to that development. The grant would be awarded only if the development
goes through. We would work with the developer on how those improvements
would be done and would then reimburse them by the grant.
MOTION: Aho moved, seconded by Case, to adopt Resolution 2010-57 electing
to continue participating in the Local Housing Incentives Account Program under
the Metropolitan Livable Communities Act for calendar years 2011 through 2020.
Motion carried 5-0.
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B. APPROVE FIRST READING OF THE ORDINANCE AMENDING
SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF
VEGETATION
Neal said City Code Section 9.71 was adopted in 2002 to allow the use of native
plantings to encourage water conservation and habitat enhancement. This
amendment is the result of a request by the Margaret A. Cargill Foundation at 6875
Rowland Road to allow native plantings to extend from the adjoining wetland and
wooded areas along their lot to the edge of the right-of-way. The proposed change
would allow the landscaping to blend into these areas. In addition, the Foundation
is developing the site with the intent of achieving LEED Certification through the
U.S. Green Building Council. The native landscaping would be designed to meet
the goals of the Foundation for water efficient grounds through the use of native
landscaping. This ordinance amendment would only allow native landscape areas
in unique situations where there is a generous right-of-way. In addition, all plans
must be designed to specific standards by a registered landscape architect. He said
staff believes the proposed modification to the ordinance is good for this particular
commercial/office redevelopment site,but it does not have a wide application
across the City.
Nelson asked if there are any downsides over time for other situations. Dietz
thought there are not,based on the fact that in a typical residential neighborhood
there is a 14 foot boulevard between the right of way and the curb. This ordinance
requires that something like this can be done only in a situation where the
boulevard is at least 25 feet, so there are only certain locations that have this excess
right of way. Nelson asked if that would be true in the case where the street is not
in the middle of the right of way. Dietz said it would be very rare that it would be
located far enough to obtain the 25 feet.
Case said he understood the specificity of this situation and asked if the
Conservation Commission has been directed to look into this for other areas such as
residential sites. He said there are a lot of really nice native plantings, and a lot of
areas have allowed native vegetation to grow to the right of way. He said he would
like to continue to nudge the Conservation Commission to take advantage of ideas
like this so that people could have options to pursue this. Dietz said we budget a
certain amount of money each year to give rebates to homeowners who might want
to do a rain water garden, so we are encouraging people to do that sort of thing.
MOTION: Case moved, seconded by Aho, to approve first reading of the
ordinance amending Section 9.71 of the City Code relating to maintenance of
vegetation. Motion carried 5-0.
C. APPROVE SECOND READING OF ORDINANCE NO. 15-2010
AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO
MAINTENANCE OF VEGETATION AND ADOPT RESOLUTION NO.
2010-58 APPROVING SUMMARY ORDINANCE FOR PUBLICATION
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Page 6
Neal said this second reading is being requested this evening to accommodate the
fall planting schedule. It will require a unanimous vote of Council to adopt the
motion since approval for second reading will be given at the same meeting as the
first reading.
Duckstad asked if we would normally have second reading at another meeting
where residents would have a chance to come in and comment on it. Rosow said
normally the second reading would occur at a second meeting. Duckstad asked if
this issue has been one that people were calling about. Neal said we have not
received much external feedback from the community, and it has not been widely
discussed. He thought we may actually receive additional requests from other areas
to widen the scope. Duckstad asked what would be the harm if we waited to have
second reading at the next meeting. Neal said they are requesting the item be
accelerated because second reading of the ordinance change tonight will allow
them to accommodate the fall planting season. The project is under construction,
and they want to get this in place so they can begin to plant the native grasses and
other landscaping features.
Nelson thought there was no reason to wait since there has been limited input from
residents on the item. She said she wanted to encourage the Foundation in their
LEED certification process.
MOTION: Aho moved, seconded by Nelson, to approve second reading of
Ordinance No.15-2010 amending City Code Section 9.71 relating to maintenance
of vegetation and to adopt Resolution No. 2010-58 approving summary ordinance
for publication. Motion carried 5-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. RESOLUTION NO. 2010-59 DECLARING LAKEWEST HOLDINGS, LLC, IN
DEFAULT OF THE BANEBERRY HOLLOW DEVELOPMENT AGREEMENT
AND TERMINATING LAND ALTERATION PERMIT #06-17
Neal said this item is for City Council to acknowledge Lakewest Holdings, LLC is
in default of the Baneberry Hollow Development Agreement and terminating Land
Alteration Permit#06-17. On June 20, 2006, Lakewest Holdings, LLC and the City
entered into a Development Agreement for The Baneberry Hollow project. The
city is holding a surety bond for the purpose of securing performance of the
developer's obligations. Work required under the Development Agreement and
Land Alteration Permit#06-17 is not completed. The city has initiated proceedings
with a claim against the bond.
Rosow said as part of this process it is appropriate to ask if the developer is present
at the meeting as the developer should have an opportunity to address the
termination of the permit. He said notice was provided that this was occurring
tonight.
No representative of the developer addressed the Council.
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Page 7
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2010-59
declaring Lakewest Holdings, LLC in default of the Baneberry Hollow
Development Agreement and terminating Land Alteration Permit#06-17. Motion
carried 5-0.
XIII. APPOINTMENTS
A. APPOINTMENT TO THE SOUTHWEST LRT COMMUNITY WORKS
PROJECT STEERING COMMITTEE
Neal said Hennepin County has established the Southwest Light Rail Transit (SW
LRT) Community Works Project to formalize and expand early collaborations
across jurisdictions within the SW LRT corridor. A Steering Committee is being
assembled to direct the SW LRT Community Works Project and liaison with the
SW LRT Corridor Management Committee. Hennepin County invites the City of
Eden Prairie to appoint one elected official and an alternate to this Committee.
Neal said the first meeting of the SW LRT CWP Steering Committee will be held
on Wednesday, September 8, 2010 at 8:00 AM in the Council Chambers at the St.
Louis Park City Hall.
Duckstad asked why they have waited so long to bring this to our attention. Neal
said we received our notification on July 22 which was just after the last City
Council meeting. Duckstad asked if there has been any discussion suggesting
someone who would serve. Neal said Council Member Nelson has expressed an
interest in serving, and she has served on other SW LRT committees.
Nelson said she is very interested in continuing with this.
Duckstad asked if we have a suggestion for an alternate. Neal said Ms Jeremiah
will attend most of the meetings anyway.
MOTION: Case moved, seconded by Duckstad, to appoint Council Member
Nelson to the Southwest LRT Community Works Project Steering Committee and
Janet Jeremiah as an alternate member of the Southwest LRT Community Works
Project Steering Committee. Motion carried 5-0.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. City Manager—Council Member Duckstad
Duckstad asked if the Council has the duty to discuss an alternate plan in
case the City Manager is hired for a position with another municipality. He
thought we should ask Mr. Neal to set up a special meeting to discuss this
matter.
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Page 8
Case said it feels a little premature because the only information we know
publicly at this point is that Mr. Neal has been declared a finalist for a
position. He said he assumed Mr. Neal would give us a certain amount of
time before he left. We have been in a position before where we would
appoint an interim City Manager as we develop the process.
Duckstad asked if Council Member Case had information that the City
Manager would provide some time to take care of this situation. Case
suggested we ask Mr. Neal.
Neal said, while he respected Council Member Duckstad's point, he thought
it is premature. He has not made a decision on the matter, and he has an
employment agreement with the City of Eden Prairie that requires either a
45 or 60-day notice.
Duckstad said he was not trying to raise an embarrassing question to the
City Manager,but he believes the City has some right to know what we are
doing. The Council has an obligation to make sure the City is run properly.
Nelson said she was still in the hope that this will not come up, and she
thought it is premature, especially given the 60-day notice. She said we
have talked about making some general changes to the car allowance in the
contract and about meeting to discuss some overall changes we want to
make. She thought this seemed to be an appropriate time to do that given
our discussion several months ago. She thought it should be something that
would apply to any circumstances for whoever was in the position.
Aho said he was in favor of doing a review as Council Member Nelson
suggested. We have looked at making changes to the contract and at the
same time we could look at how we would handle this if there were a
vacancy in the City Manager's position. He didn't think we need to take any
action tonight, but he thought it would be a good idea to review the policies
and procedures we have in place.
Case agreed with Council Member Aho and noted under normal
circumstances we would not know that Mr. Neal has considered other
employment. He said we have been through this kind of thing before and
we know how to do it. We have transitioned well in the past.
Duckstad said he wanted to set up a meeting so we can discuss it. He asked
the City Manager to contact the Council Members to discuss a date and
time.
Young asked Mr. Neal if he knew when a final decision would be made.
Neal said they will make a final decision in one week. Young thought we
should make sure we are ready with the information we need to go forward
at the next meeting if the position will be vacant.
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Page 9
2. Budget Workshop—Council Member Duckstad
Duckstad said the City Manager and staff presented a complete and helpful
workshop on our budget this evening. What came out of that was the fact
that currently there is a proposed budget calling for an increase over last
year. He said the workshop took so long that Council Members were not
asked if they had any guidance or direction to staff. He said he would be in
favor of proposing that the City Manager and staff consider another zero
budget for 2011. We made our budget for 2010 last year but eliminated
2011 from it, and now we have to come to grips with meeting the target. He
said the economy has not improved, and his view is that we have a lot of
citizens in the community on fixed incomes who cannot stand a tax increase
during this period.
Case said it wouldn't hurt to know the alternatives, at least as a baseline.
Aho said he would like to see what it would mean to our level of service if
we did another year of zero increase.
Nelson thought it wouldn't hurt to take a look at it; however, she didn't
want just numbers. She would also like to see alternatives and information
on what would be taken out.
Young noted we will establish the maximum levy in September and said his
preference would be a zero increase budget.
2. Night to Unite—Council Member Case
Case said he wanted to acknowledge and thank staff for their involvement
in the Night to Unite event. He said the police, firefighters and City staff
volunteered their time and were amazing ambassadors of the City. It was an
incredibly successful evening that showcased our staff and our equipment.
3. Meeting Pay Policy—Council Member Aho
Aho said he reviewed the meeting pay policy, and it appears there is some
vagueness and ambiguity in the language and definitions. He would like the
Council to perform a careful review of this policy and improve it to make it
more concise and consistent. He proposed we have staff review our policy
and compare it to other cities in the metropolitan area to see how other
cities handle this matter. After staff has reviewed this, he would like to see
the results in a workshop session so we can discuss making changes to the
policy. He would like to see it take place this year so any changes could
take effect for next year.
Case said he completely agreed and thought clarity is badly needed. He said
the policy was set up in an effort to recognize that some Council Members
were spending an inordinate amount of time representing the City because
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August 17,2010
Page 10
they were able to do that during the day time. If we do decide to change it,
he thought it would have to be done prior to the election on November 8.
Nelson agreed that this needs to be looked at, and she would like to add a
discussion about whether we should continue meeting pay at all.
Duckstad said he would favor an improvement or eliminating it altogether,
but would like to review the situation.
B. REPORT OF CITY MANAGER
1. Employee Announcements
Neal said Tim Christensen, the intern who has been working in his office
this summer, will be leaving soon to return to school. He said Wes
Dunsmore and Lt. Tracy Luke are retiring. He noted we lost an important
member of our staff this weekend when Donna Rowland passed away. She
was a very versatile employee and will be missed very much.
1. MAC Commercial Development Protocol
Neal said at the July 20 Council meeting, the Council approved three lease
agreements between the City and the Metropolitan Airports Commission
(MAC) for the future expansion of Flying Cloud Fields and the continued
operation of the Pioneer Trail garden plots. Those leases were executed by
MAC the day before the Council approved them. The MAC executed four
agreements: the three lease agreements and a development Memorandum of
Understanding (MOU). The content of the development MOU was intended
to be MAC's statement to us about how they planned to do non-aeronautical
development on their excess property around the airport. MAC staff
believes this MOU is an integral part of the lease agreement negotiation. In
other words, they believe their Commission's approval of the lease
agreements is contingent upon the City Council's acceptance and approval
of this MOU. City staff and legal counsel do not agree with that. We
believe we are entitled to Flying Cloud ball fields lease agreements based
on the 2002 Final Agreement. We do not believe it is appropriate for MAC
to make this development MOU a new condition of their approval of leases
that they agreed to negotiate in the 2002 Final Agreement.
Rosow said in 2002 the City entered into two agreements with MAC. One
was a final agreement related to operations at the airport that replaced
Ordinance 51 with a new ordinance. At the same time the parties entered
into a MOU concerning cooperative solutions to infrastructures, right of
way, easements and park needs. One of the provisions in the MOU dealt
with the Flying Cloud ball field expansion. The agreement stated the City
desired to expand the utilization of MAC-owned property west of the
existing ball fields to Spring Road, and to increase the acreage used for the
ball fields from approximately 31 acres to approximately 56 acres. The
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Page 11
existing lease for the Flying Cloud ball fields was to be converted to a
three-year renewable lease to provide for long term utilization of the MAC
property for compatible recreational purposes. The City would use the
expansion area solely for ball fields and associated uses. The cost to the
City to lease the facilities was subject to negotiation.
Rosow said in connection with the current negotiations we have been
working with a lease whereby we would have a three-year renewable lease
and the expansion area would be 26.3 acres. The property will be used for
soccer and ball field uses. We have submitted the design to the MAC for
their review. He said the document is fairly consistent with what is in the
MOU and what was presented to the City Council at the meeting we had.
He advised the Council at the last meeting there would be some changes
regarding indemnification obligations and clarification of the term of the
rent. He said we got some objections from MAC with respect to the rent,
and they don't care for the limitation on liability. That is where we are with
the lease agreement.
He said Mr. Neal and he have communicated our desire to sit down with
them to explore the issues. They were very disappointed we did not bring
the MOU regarding development to the Council. With respect to the
specific issues of the MOU regarding development, it assumes the City does
not have regulatory authority with respect to the MAC's development of
this property. The MAC wants to extend to the City a process whereby the
City can participate but not in a formal regulatory position. He said that
pushes the issue whether the City has zoning authority over the airport.
Under Federal law the City does not have authority to impose regulations
that would affect aircraft operations. Federal law, however, does not
preempt all City regulations, including zoning regulations that do not affect
airport operations. Under State law, the Attorney General rendered their
opinion in 1992 that MAC would be deemed exempt from local zoning
ordinances with respect to the expansion. They acknowledged in their
opinion there was to be a balancing of the interests being affected that
would look at the function and nature of the land use and the effect on local
interests.
Rosow said we have consistently believed there is an area of regulation that
is appropriate and proper for the City, an area that is not defined with
specificity. He said the MOU says that under all circumstances the City
does not have that authority, but MAC is willing to engage the City in
constructive discussions of how that development might take place.
Aho thought it would be in the best interests of the residents of Eden Prairie
that we continue to negotiate this point. He said it would not be in our best
interests to give away our zoning authority over non-aeronautical uses of
MAC property. He said he would encourage staff to continue to negotiate
the points.
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Page 12
Nelson agreed and thought some things are probably more appropriate than
others because there are neighborhoods close by. We do try to maintain
certain standards for commercial development in Eden Prairie, and she
would hate to give that up. She didn't know why they would not be willing
to meet our normal considerations. She thought we can probably come to
some conclusions but we're not there yet. Rosow said the MOU presented
by the MAC does state they would incorporate the City's design standards
in addition to their own construction guidelines. Nelson said those are good
beginnings, and she thought there is room to get agreement for everyone in
negotiations.
Case said he thought we are dealing with honest people at MAC. He felt
many of our residents perceive that the MAC organization sometimes
doesn't behave honestly, and this situation illustrates that perception. We
have had an understanding that the park land was part of the deal there and
now we are being confronted by another condition at the eleventh hour. He
thought that is bad faith on their part. We need to continue the negotiation
process, but he thought we should make it clear we see the two issues as a
dual track. We should be at the table,but it is not fair that we should ordain
their process yet not have veto power. He would like to see us as a City
Council send our staff back to the negotiation process with the clear view
there is a dual track.
Duckstad was in favor of following the City Attorney's advice. He thought
the City Attorney gave a thorough legal analysis of the problem and his
conclusion was correct. The law suggests commercial development for non-
aeronautical purposes is something we should regulate. We have a duty to
protect our citizens and have a zoning process that protects the interests of
the citizens.
Dennis Probst, representing MAC, said they have had very productive
discussions with staff, but there is a clear misunderstanding about how these
documents would be handled. He said MAC understood we had an
agreement for all four pieces to come though as a package. They were
surprised when the fourth document was not carried through. They are
prepared to go back to the table but MAC believes they have fulfilled every
commitment to the community. He said they would incorporate the City's
development standards and would receive comment from the public and
City staff. He said their General Counsel does not agree with the City
Attorney about the interpretation of the statutes. If the four pieces will be
separated, MAC will have to take the three lease agreements back for
further action.
Case thought we are not on the same page because the 2002 agreement on
the extension of ball field land did not contain a condition that required
approval of the commercial zoning process. He thought it is unfair to add it
at this point in the process.
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Page 13
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
1. Joint Agreement for Acquisition and Use of Firefighting Equipment
and Services
Chief Esbensen said they are asking for approval to execute the amended
joint and cooperative agreement. He said they have used the joint agreement
to negotiate for our SCBA equipment. We are now extending the scope of
the joint services agreement to other things related to the firefighting
business.
Aho asked if there is any opportunity to expand the agreement even further.
Esbensen said anyone in the state can join it.
Nelson said she applauded the idea of getting trucks and equipment that can
be used across districts because that makes ultimate sense for emergency
management.
Duckstad asked if cooperation between the municipalities is widespread.
Esbensen said southwest Hennepin County, Scott County and Carver
County do a lot of mutual aid. It provides a much better service level to the
citizens.
MOTION: Aho moved, seconded by Nelson, to approve execution of the
amended joint and cooperative agreement for the acquisition and use of
firefighting equipment and services. Motion carried 5-0.
2. Policy on Special Assessment of Fire Protection System Installations
Chief Esbensen said prior to the mid-1980's it was not clear what met the
standards to have fire sprinkler systems installed. A number of commercial
buildings that were built at that time don't have standard fire protection
systems in them. We would like to encourage owners of those businesses to
install such systems. They will get a break on their insurance rates and have
a safer working environment if the systems are installed. Staff is proposing
that businesses who are interested in making changes be able to petition the
City for a special assessment. The businesses would go out for bids and
secure a contract to install the system. The City would pay the invoice and
then assess their property over 20 years for the work that was done.
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Page 14
MOTION: Case moved, seconded by Aho, to approve the policy on the
Special Assessment of Fire Protection System installations. Motion carried
5-0.
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Young adjourned the meeting at 8:53 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 7, 2010
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.
Raffle 13000 College View Drive
Organization: Hennepin Technical College Amendment to Liquor License
Foundation 2AM Closing Permit- Renewal
Place: Hennepin Technical College,
13100 College View Drive Kona Sushi Inc.
Date: October 16, 2010 DBA: Kona Grill
Organization: Dunning Boosters
Place: Bent Creek Golf Club
14490 Valley View Road 2010 License Renewals
Date: December 11, 2010
Solid Waste Collector
Organization: Eden Prairie Hockey Organic Disposal LLC
Association
Place: Eden Prairie Community Center
16700 Valley View Road
Date: February 17, 2011
Temporary Liquor
Organization: Rotary Club of Eden Prairie
Event: Wine Tasting
Date: October 16, 2010
Place: Eden Prairie Community Center
Organization: Ron Case for Senate
Campaign Committee
Event: Fundraiser
Date: September 12, 2010
Place: Riley-Jacques Barn at Riley Lake
Park
Organization: Eden Prairie Lions Club
Event: HTC Gala
Date: October 16, 2010
Place: Hennepin Technical College
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V I I I.B.
Randy L. Slick Final Plat Report of The Ridge at Riley
Public Works/Engineering Creek 3rd Addition
Requested Action
Move to: Adopt the resolution approving the final plat of The Ridge at Riley Creek 3rd Addition.
Synopsis
This proposal is for the plat located at 9820 Sky Lane. The plat consists of 3.40 acres to be
platted into two single family lots, one outlot and right of way dedication for street purposes.
This is a replat of Lot 1, Block 1, The Ridge at Riley Creek.
Background Information
The preliminary plat was approved by the City Council on June 16, 2009. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on August
17, 2010.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.00.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways
certified by surveyor.
• Prior to release of the final plat, Developer shall submit a warranty deed for Outlot A.
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Prior to release of the final plat, Developer shall sign a Special Assessment Agreement
for"Eden Prairie Road Improvements" in the amount of$12,600.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-
A RESOLUTION APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 3RD
ADDITION
WHEREAS, the plat of The Ridge at Riley Creek 3rd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for The Ridge at Riley Creek 3rd Addition is approved upon
compliance with the recommendation of the Final Plat Report on this plat dated
September 7, 2010.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on September 7, 2010.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
OFFICIAL
THE RIDGE AT RILEY CREEK 3RD ADDITION GROOGNO
\
I r
SNOW ALL NEN BY THESE PRESENTS:That A.J.ROUSE.LLC.a Minnesota limited liability company tee owner of the following deaalbed property situate Inthe 1 "
County of Hennepin.Stale of Minnesota•to wit: I I
h r sA 2 \ ,.
Th Lot.1.Block 1, E RIDGE AT RILEY CREEK,according to the recorded plot thereof. I ` J \`
Have caused the same to be surveyed ontl plotted os THE RIDGE AT RILEY CREEK 5R0 ADDITION and do hereby donate and dedicate to the public for public use I' \\ \
forever the public ways and the easements for...loge and utility purposae as shown on this plat a' .\� r" `\ T`
In.tweed whereof sold 0. us A ROUSE,LLC•hoe caned these preeents to be signed by its proper office this day of .2o0� ` \ ^
Signed:
its I \ \ !___..
STATE OF MINNESOTA \
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,200_,by .the +I 1'
of A.J.ROUSE.LC. / curt or
V r `aw,--SKY LANE
•
Signature ————--"—d9a.a 464.20 —— ——— _ It
\N8696'46"E
Printed _ • M.s 1 •r— w
n 0. r yL6 i `OVA
NotcrynPubllc, County Mtnneeata r n r, a J ' 01
MY C misabn E:ores. t I$ ` +V A. e
L O T ` 2 /
W 1 r r fi 7�,ry
m J
1,Jock Bake do hereby certify Viol this plot was prepared by me or under my dkat wpmt:Mac Not I am o duly Itemised Lana Surveyor In the state a1 ----— _— ( n^I /
Minnesota that this plat la o correct repreaentotke of the boundary army,that di mothemoUod dote ontl labels et correctly designated co the plot;that all a $ ___ —"——-- —__ S i•
manta depicted on the plat hoe been,or will be correctly set within one lean that ail water b Alpudic
and wet lend;os defined F Minneeoto Statute, 0' S i aswb w—— ——'—4-)
Section 505.01,Subd.5,os of the date of this certificate ore shown and labeled co this plat:and i pudic cop ore shown mG labeled on this plot. = I$ —asnas——-- __ nb0
Doted this day of 20� ! 0- aeno
Jack Bdke.Lcotl Sumya ON C) i o QP.1Ka
MNnmotk License No.20201 pOp Q , &' E 4
1,vo , I. 0 T ^ ' 1 e°'' 11
O \
STALE OF MINNESOTA y, itad G ..---
COUNTY \
Thi Fotrument was acknowledged before me this day of ,200�by Jock Bake,Land 5umlar•Minnesota License No.20281 / J /p'?.lr \ /—/ .;
/2 O \ 0 ---- \ 4 \.
synawre �, a \�.n v / 5D5 31 \ •-\
Printed 7 1. r, \ []w
Notary Pudk County Minnesota �, £ \i qF — /O•g016 W
Yy Lanmmlco Eopines i T / c o yo \ '— S1 \
EDEliar ltofPRAIRIE,ERRiDGE A
This plot df THE RIDGE AT RILEY CARED,30 ADDITION woo d itte occepted by the City Council of Rogers.Ynnmss a a meeting thereof held
this
ear of 2002.if opplkable.the written comments and recommendations
me of the Commissioner of Transportation and the County
Highway Engineer how been received by the City the prew0tl 30 day paled has elapsed cothouoo n000ipt of suc comments ontli reommmndatico;as
prodded by Minnesota Statutes,...in SOSAS,Subd
2.
EDEN PRAIRIE MINNESOTA \\
by. ,Motor by .Manager \ re `- c
\TAXPAYER SEANCES DEPARTMENT NmeepB County.Minnesota CE \
I hereby certify that loses payable F and prior yeas have been paid tor land described on this plat.Dated this day of
\
JYI L Mermen,Hennepin County Auditor by .Deputy
\
SURVEY DINSION Hennepin County MFnasola DRAW".MO MAT moons AA[SAWN 1VaIs N•
Pursuant to MINN.STAT.Sec 3058.565(1009),this plot hoe been approved this day of ,200_ -�d '.4ln.
5- i•_ �.
W ei E
Ogliom P.Brown Hennepin County Sumlar by. — ——2.L—J'—— I—
NOT TO a•Mc I S
BEKO s MET ix wo.MISODONG LOT LwLS UM=aDMmsY MOWED 0 50 100 ISO
wmM AD.de MOO-OFAMY MT.UMFSS
.........COUNTY RECORDER-NennRF-County-Minnesota .._. __... ... .... ... ..._ ._...aMmw4'amulm. .. .... ..-. -.-.. __.. .._ ._. ..._.. ..._.
I hereby acidify that O a within plat of THE RIDGE AT RILEY CREEK SRD ADgAON was recadea F this office this day of
200_.at_o'clock_.M. BMOCs 910.Mb ASSUMED aCAIE IN FEET
Mkhod H.Cunnlff,County Recorder by. .Deputy a DENOTES FOUND 1/0 w0I c0AI...mac.
Anderson Engineering of Minnesota,LLC.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Randy L. Slick Final Plat Report of Shnead Addition
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Shnead Addition.
Synopsis
This proposal is for the plat located at 8098 Glen Lane. The plat consists of.71 acres to be
platted into one lot and right of way dedication for street purposes. This is a replat of Lot 1,
Block 1, Montgomery Addition.
Background Information
A portion of the property at 8098 Glen Lane is needed to accommodate the construction of the
Singletree Lane Improvements. The City acquired the full property from Knowledge Learning
Corporation(KinderCare) on March 1, 2010 as the negotiated resolution to the KinderCare
condemnation process. The replatting of the property creates the right-of-way for the Singletree
Lane project.
In a related action the Planning Commission at their October 26, 2009 meeting approved
variances for setbacks (building,parking, and a free standing sign) and for increased site
coverage related to the right-of-way needs of the Singletree Lane project.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2010-
A RESOLUTION APPROVING FINAL PLAT OF SHNEAD ADDITION
WHEREAS, the plat of Shnead Addition has been submitted in a manner required for platting
land under the Eden Prairie City Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, the City Council finds and determines that the parcel is of a small size, that the
subdivision is of minor importance, that the conditions of the property are well defined and that the
parcel qualifies for a Minor Subdivision pursuant to Section 12.60, Subd. 2 of the City Code.
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE,BE IT RESOLVED,by the Eden Prairie City Council,that the subdivider
is exempt from complying with the requirements of Chapter 12 of the City Code other than
submission and approval of this final plat.
BE IT FURTHER RESOLVED,by the Eden Prairie City Council:
A. Plat approval request for Shnead Addition is approved on this date September 7,2010.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on September 7,2010.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
7 7
SHNEAD ADDITION R.T.DOC.NO.
—
,,o STATE OF MINNESOTA
The
instrument was acknoWedged before me this day of
"t •6gI6y6'E -26636 .,. Eden wa OF
Mnnesolt muniapaicorporation,ontenav of the corporamn. 'p by Scott x.rvml.coyMarepxormacMa
EP
• I .1 !:t -.. - .. 5 e,C$pR ur°w r°EF slkM / Commission Expires
County,Mimes. Notary men Name
.. ( i / N My co
prepared duly Licensed
.;::: I Dean Dushect,do her ehy certify that Ihis plat was
Fqp State of Minnesota;that this plat is a correct representation of the boundary survey;that all mathematical data and labels ale correctly designated
� AY 6tSaE11f ' /'J '• mown an b on as pmc Sectiondefined in Minnesota Statutes, - ,suba�ofthe date orthis dieale shown and labeled oat p as public ways ale
• on this plat:that all monuments depicted on this plat have been.or will be correctly set within one year:that all water boundaries and wet lands,as
••• P L .-. lckry of
Q T r f I w r,�
... 3<s— •.:/ •zs•saE us J « _ '- L_____ -- Dean Gushed,Licensed Land Minnesota License No_t%]9 Surveyor,
,& , T REED' L
SINGLE- 4-L'r6.T6 R4607.02 — --_s 65.03.OP Y
A.4'56'55' 19.00 COUNTY OF HENNEPIN
Ille foregoing Surveyor's Certificate was acknowledged before ire this_clay of 20_by Dean Dashedc,a Licensed Land
-- -•• County.Mmes. NOary Printed Name
M0Commission Expires
.. ^— EDEN PRAIRIE,MI ado s approved �plRa by m c M1con �m a oa has to congr.n�orne
-- I. • Transportation and the n mrecommendations,County Highway Engineer have neen r ceived lev Cr.City on the prescribed 30 AS elapsed wnout receipt or
-, .. such comments w p m v Statutes,s ct sus o3,Subdivision 2.
GIPICOUNCIL OF THE CITYOF EDEN PRAIRIE,MINNESOTA
....
-• the City a Eden PraMe,a Minrresna municipal corporation,owner an proprietor a the Milo...
describedproperty situated in the County of Hennepin and State of Minnesota to wic HY pr By TOY Manager
HaS caused.same to be surveyed and platted as SHNEAD ADDITION and does hereby donate and dedicate to.punk
lic use
the public way and Me easemeMs for drainage and utility purposes as shown on Ihe plat. In witness whereof m City of Eden Prairie,a TAXPAYER SERVICES DEPARTMENT,Hennepin Comity,Mbngoa
Ma corporation, used t presents tosigned by Phil Young, yo,and Scott H.Neal,Ps City 55 g cos
Xy _ I hereby corals,that taxes payable in 20 an poor years have been paid for Ian described on this plat dated this day of
THE CITY OF EDEN PRAIRIE
udit
Jill L.nda«son,eomrmyAnlf« by Ixpnry
SURVEY Dtvtston. A .nnepin county,MIRRORS
Sayer.CityaEdan Prairie coy Manager.City of Ewen Prairie Jill
to MNSTAT.Sec_aeaes20(f9SE this plat has been approved Mrs_day of2010.
Comfy P_Brown,Cofy surveyor by
STATE OF MINNESOTA
COUNTY of UENMEPIx REGISTRAR OF TTLES,xe epn County.Mmresoa
The foregoing instrument was acknowledged before me this day
e]papEaORb�e�1E105N�Yt2EoM feet Prairie,a Minnesota municipal corporation,on behalf of the corporation f .IO NV tell vpmnp,MayoraTnclrya Eden I hereby ceruy that the wain plat a SHNEAD YERNON was fan in this of... y 2010, o'clock
o BE$OTm 9Y LS CH 66T9 N� Michel x_Cunatf,eg ra Imes by Depmv
HERO V2 p(CH IRON Notary Public. County.Manesoa Notary int...
• i loSi My Coan�sn Expires
FOR PURE OF TCIS PLAT, Sff
ArM�5IE5s NMG88.18LI E OFLoacy CONSULTING
OFIT B 1846 EE I �0
GROUP, INC.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 01-5549
Randy Newton Approve Cooperative Construction ITEM NO.: VIILD.
Public Works/Engineering Agreement with MnDOT for the TH 169/
I-494 Interchange Project
Requested Action
Move to: Adopt resolution approving the Cooperative Construction Agreement with MnDOT for
the TH 169/I-494 Interchange Project, I.C. 01-5549.
Synopsis
This Agreement defines the maintenance and financial responsibilities associated with the TH
169/I-494 Interchange Project. The Agreement includes an estimated cost to the City of
$3,305,497.98 plus the city share of local roadway lighting.
Background Information
The Cooperative Construction Agreement indicates that the City will be responsible for the
maintenance of the Viking Drive, Washington Avenue and West 78th Street roadways (including
the Washington Avenue/Viking Drive and Washington Avenue/West 78th Street roundabouts)
and the storm sewer and the trail facilities located along these roadways. The City will also be
responsible for the minor maintenance of the Washington Avenue Bridge, the retaining wall
along the south side of West 78th Street and a portion of the local roadway lighting. These
maintenance responsibilities are typical of what has been required of the City on other MnDOT
projects and are consistent with discussions City staff has had with MnDOT, Bloomington and
Edina
The TH 169/I-494 project was given layout approval/municipal consent by the Eden Prairie City
Council on December 19, 2006 and acknowledgement of the phased layout improvements and
modifications on March 23,2010. It's anticipated that the design-build proposals will be opened and
a contract awarded in the fall of 2010. Construction should begin in the spring of 2011.
Financial
The Agreement includes an estimated cost to the City of$3,305,497.98 plus the city share of local
roadway lighting. This estimate is consistent with previous estimates provided for the project by
MnDOT and includes costs for roadway, bridge, trail, retaining wall, storm water treatment and
right-of-way. The actual City cost share is based on a percentage of the design-build contract and
will be adjusted based on the results of the design-build bid opening.
We propose to use State Aid(MSA) funds to finance our share of the MSA eligible project costs.
We anticipate that nearly all project costs will be MSA eligible,however in the event there are non-
MSA eligible costs we propose to use utility or storm water utility funds
Attachments
• Resolution
• Cooperative Construction Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
APPROVE THE COOPERATIVE CONSTRUCTION AGREEMENT
WITH MnDOT FOR THE TH 169/I-494 INTERCHANGE PROJECT
(I.C. 01-5549)
WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to reconstruct
the TH 169/I-494 interchange within the cities of Eden Prairie, Bloomington and Edina; and
WHEREAS, the City of Eden Prairie has given layout approval / municipal consent of said
improvements; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Cooperative
Construction Agreement No. 96484-R that identifies the maintenance and financial responsibilities
for the TH 169/I-494 project.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Eden Prairie that said
Cooperative Construction Agreement No. 96484-R for State Project No. 2776-03 (T.H. 169) is
hereby approved and the Mayor and City Manager are authorized to execute the Agreement on
behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on September 7, 2010.
Phil Young, Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
PRE-LETTING STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 96484-R
S.P. 2776-03 (T.H. 169=005)
S.P. 2776-27A16A, 27A17A, 2718A,
S.A.P. 107-010-012
S .A.P. 181-010-017
S.A.P. 181-127-001
S.A.P. 120-010-012
S.A.P. 120-176-002
Fed. Proj . NH 0169 (315)
Bridge No.s 27R25, 27R26, 27R27,
27R28, 27R29, 27V90, 27V91,
27V92, 27V93, 27V94 , 27V95,
27V96, 27V97
The State of Minnesota AMOUNT ENCUMBERED
Department of Transportation, and
The City of Eden Prairie (None)
Re: City lump sum bid-based payment
(percent of contract bid) for bridge,
bridge walk, trail, sidewalk, ESTIMATED
retaining wall, roundabout, roadway, AMOUNT RECEIVABLE
and storm water treatment
construction and Right-of-Way lump $3,305,497 . 98
sum payment by the State at the
T.H. 169/I-494 interchange
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Eden Prairie, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City" .
1
96484
WHEREAS, the State is about to perform interchange, roundabout,
retaining wall, signal, storm water treatment, trail, and sidewalk
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 169 from Anderson Lake Parkway to
Valley View Road and upon, along and adjacent to Trunk Highway
No. I-494 from Prairie Center Drive to West Bush Lake Road in
accordance with State plans, specifications and special provisions
designated as State Project No. 2776-03 (T.H. 169=005) and in the
records of the Federal Highway Administration as Minnesota
Project NH 0169 (315) ; and
WHEREAS, City cost participation is required on State Project
No. 2776-03 (T.H. 169=005) for bridge, bridge walk, trail, sidewalk,
retaining wall, roundabout, roadway, and storm water treatment
construction and other associated construction to be performed upon,
along and adjacent to the interchange of Trunk Highway No. 169 and
No. I-494 and on State Aid Projects No. 181-010-017 and
No. 181-127-001 within the corporate City limits; and
WHEREAS, in connection with the State contract, the State acquired a
portion of Parcel No. 328 located along Washington Avenue and north
of Viking Drive; and
WHEREAS, the City agrees to participate in the partial acquisition
costs of Parcel No. 328 in a lump sum amount equal to $154 , 320 .00;
and
WHEREAS, the City has expressed its willingness to participate in the
costs of the bridge, bridge walk, sidewalk, retaining wall,
roundabout, roadway, and storm water treatment construction and
associated construction engineering in a lump sum amount as
hereinafter set forth; and
2
96484
WHEREAS the design and construction requirements for Utility work to
be performed for the City of Bloomington, Eden Prairie, and Edina
under State Project No. 2776-03 will be covered under separate
Utility Agreements No. 96256, No. 96262, and No. 96263 respectively;
and
WHEREAS, in connection with the State contract, certain roadway,
roundabout, bridge, bridge walk, retaining wall, signal, and storm
water treatment construction to be performed under State Project
No. 2776-03 (T.H. 169=005) will be covered under Agreement No. 96482
between the State and the City of Bloomington; arid
WHEREAS, in connection with the State contract, certain roadway,
roundabout, bridge, retaining wall, and storm water treatment
construction to be performed under State Project No. 2776-03
(T.H. 169=005) will be covered under Agreement No. 96483 between the
State and the City of Edina; and
WHEREAS, Minnesota Statutes Section 161 .20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise for technical and price proposals and award
a design-build contract to the "Best Value Proposer" for State
Project No. 2776-03 (T.H. 169=005) in accordance with the State
Request for Qualifications and Request for Proposal documents, which
are on file in the office of the Commissioner of Transportation at
3
•
96484
St . Paul, Minnesota, and are made a part hereof by reference with the
same force and effect as though fully set forth herein.
Section B. Direction of Design-Build Construction
The State shall direct all design-build activities performed under
the design-build contract, and oversee all construction engineering
. and inspection functions in connection with the design-build contract
construction. All design-build construction shall be performed in
compliance with the State' s Request for Proposals, the Contractor' s
technical proposal, and approved plans.
Section C. Plan Changes, Additional Construction, Etc.
The State shall make changes in the design and/or contract
construction, which may include the City cost participation
construction covered under this Agreement, and shall enter into any
necessary addenda, change orders and supplemental agreements with the
State ' s contractor that are necessary to cause the design and
construction to be performed and completed in a satisfactory manner.
The State District Engineer' s authorized representative will inform
the appropriate City official of any proposed addenda, change orders
and supplemental agreements to the construction contract that will
affect the City cost participation construction covered under this
Agreement .
The City may request additional work or changes to the work in the
plans as part of the design build contract . Such request shall be
made by an exchange of letter(s) with the State. If the State
determines that the requested additional work or plan changes are
necessary or desirable and can be accommodated without undue
disruption to the project, the State will cause the, additional work
or plan changes to be made .
4
96484
The State reserves the right to invoice the City for the cost of any
additional City requested work and plan changes, construction
contract addenda, change orders and supplemental agreements, and
associated construction engineering prior to the completion of the
contract construction.
Section D. Satisfactory Completion of Design-Build Contract
The State shall perform all other acts and functions necessary to
cause the design-build contract to be completed in a satisfactory
manner. If the City believes the City cost participation design or
construction has not been properly performed or that the design or
construction is defective, the City shall inform the State District
Engineer' s authorized representative in writing of those defects .
Any recommendations made by the City are not binding on the State.
The State shall have the exclusive right to determine whether the
State' s Contractor has satisfactorily performed the City cost
participation design and construction covered under this Agreement .
Final acceptance by the State of the completed design-build contract
construction shall be final, binding and conclusive upon the City as
to the satisfactory completion of the design-build contract
construction.
ARTICLE II - BASIS OF PAYMENT BY THE CITY
Section A. City Cost Participation Construction
The City shall participate as indicated below in the bridge, bridge
walk, trail, sidewalk, retaining wall, roundabout, roadway, and storm
water treatment construction to be performedupon, along and adjacent-
to the Trunk Highway No. 169/I-494 interchange under State Project
No. 2776-03 (T.H. 610=333) and State Projects No. 181-010-017 and
No. 181-127-001 . The lump sum amount is based on the engineer' s
estimate and includes all design and construction engineering
delivery costs associated with the City' s cost participation.
5
96484
A lump sum bid-based (percent of contract bid) payment amount
will be the City' s share of the bridge, bridge walk, trail,
sidewalk, retaining wall, roundabout, roadway, and storm water
treatment construction for the Trunk Highway No. 169/I-494
interchange design-build construction and State contract
construction engineering and is estimated to be $3 , 305, 497 . 98 as
shown in the attached EXHIBIT W. The final amount shall be
determined based on 2 . 1268 percent of the design-build contract
bid unit price plus a 5% State contract construction engineering
cost plus the partial acquisition Right-Of-Way costs.
Section A. 1 Cost Participation for City Lighting
The City shall, at the percentage indicated, participate in the
following local roadway and roundabout lighting construction to be
performed under State Project No. 2776-03 (T.H. 169=005) . A 5o State
contract construction engineering cost will be added to the design-
build construction costs .
1. 100 Percent shall be the City' s rate of cost participation in
all of the lighting construction for Viking Drive.
2 . 50 Percent shall be the City' s rate of cost participation in all
of the lighting construction for the Washington Avenue/West 78th
Street and the Washington Avenue/Viking Drive/West 78th Street
roundabouts .
3 . 6 .3 Percent shall be the City' s rate of cost participation in
all of the lighting construction for the west intersection of
West 78th Street/Trunk Highway No. 169 roundabout .
Section B. Right of Way Acquisition Costs
The City shall pay to the State, as the City' s Right-of-Way cost
share of the partial acquisition of Parcel No. 328 acquired by the
6
96484
State, a lump sum amount equal to $154 , 320 . 00 . The right of way is
located adjacent to Washington Avenue north of Viking Drive.
ARTICLE III - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City's Cost Share
It is estimated that the City's share of the design-build contract
plus a 5o State contract construction engineering cost, plus a lump
sum amount of $154, 320 . 00 for Right-of-Way purchase, is the sum of
$3 , 305 ,497 : 98 as shown in the attached EXHIBIT W. Upon award of the
design-build contract, the City' s lump sum payment shall be revised
based upon the contract bid price.
After the following conditions have been met, the City shall advance
to the Commissioner of Transportation the City' s lump sum cost share
as calculated from the revised EXHIBIT "A":
1 . Execution and approval of this Agreement and the State ' s
transmittal of' it to the City.
2 . Award of the design-build contract to the successful proposer
for the design and construction to be performed hereunder.
3 . Receipt by the City of a written request from the State for the
advancement of funds . '
Section A. 1 Advancement of the City's Cost Share For City Lighting
When the,- type of City lighting is determined and designed by the
design-build contract based upon the light intensity study, the City
and State shall consult with the design-build contractor to determine
appropriate costs for the City lighting. The City' s cost share
shall be determined in accordance with ARTICLE II Section A. 1 of this
agreement . It is understood that the Cities of Bloomington, Edina,
7
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and Eden Prairie will need to work jointly together to determine the
local roadway lighting needs on this project.
After the following conditions have been met, the City shall advance
to the Commissioner of Transportation the City' s lighting cost share
of the design-build contract as described in ARTICLE II Section A.1 :
1 . Execution and approval of the appropriate Change Order or Work
Order and the State 's transmittal of it to the City.
2 . Receipt by the City of a written request from the State for the
advancement of funds.
ARTICLE IV - ADDITIONAL CITY REQUESTED WORK - FINAL PAYMENT
Design-build Contract Changes
The City may request additional work or changes to the work as part
of this design-build construction contract . Such request shall be by
an exchange of letter(s) to the State. The State shall execute the
necessary Change Order or Work Order with the design-build
contractor. Such request by the City and concurrence by the State
shall be included in an estimate of City costs for the Agreement .
The State shall invoice the City for the estimated cost of such
request. If design and construction engineering delivery costs are
not included in the change order or work order estimate, the amount
will be added to the City' s estimate of costs .
ARTICLE V - GENERAL PROVISIONS
Section A. Maintenance by the City
Upon completion of West 78th Street (west of Washington Avenue) and
Viking Drive (west of Washington Avenue) , the City shall provide for
the proper maintenance of the roadways (including the Viking Drive -
Washington Avenue - West 78th Street roundabout and the West 78th
Street Washington Avenue -roundabout) and all of the facilities a
8
96484
part thereof, without cost or expense to the State. Maintenance
includes, but is not limited to, snow, ice and debris removal,
resurfacing and seal coating, pavement marking and signage, and any
other maintenance activities necessary to perpetuate the roadways and
roundabouts in a safe and usable condition.
Upon completion of Washington Avenue located north of Viking Drive,
the Cities of Eden Prairie, Edina, and Bloomington shall be
responsible for the maintenance of this local roadway and shall enter
into a separate maintenance agreement to address maintenance
responsibilities.
Upon completion of the West 78th Street (west of Washington Avenue),
and Viking Drive (west of Washington Avenue) , storm sewer facilities
construction, including the grit chamber along Washington Avenue, the
City shall provide for the proper routine maintenance of those
facilities, without cost or expense to the State. Routine
maintenance includes, but is not limited to, removal of sediment,
debris, vegetation and ice from structures, grates and pipes, repair
of minor erosion problems, and minor structure and pipe repair, and
any other maintenance activities necessary to preserve the facilities
and to prevent conditions such as flooding, erosion, sedimentation or
accelerated deterioration of the facilities .
Upon completion of Washington Avenue located north of Viking Drive,
the Cities of Eden Prairie, Edina, and Bloomington shall be
responsible for the maintenance of the storm sewer and shall enter
into a separate maintenance agreement to address maintenance
responsibilities . Upon completion of the treatment ponds and
infiltration basins for State Project No. 2776-03, the Cities of Eden
Prairie, Edina, and Bloomington and the State shall share the
responsibilities for the maintenance of the treatment ponds and
infiltration basins and shall enter into a separate maintenance
agreement to address maintenance responsibilities .
9
96484
Upon completion of the West 78th Street (west of Washington Avenue) ,
Viking Drive (west of Washington Avenue) , and Washington Avenue
(north of Viking Drive) trail/walkways construction, the City shall
provide for the proper maintenance of the trail/walkways, without
cost or expense to the State. Maintenance includes, but is not
limited to, snow, ice and debris removal, patching, crack repair,
panel replacement, mowing, trimming, signing, pavement marking, and
any other maintenance activities necessary to perpetuate the
trail/walkways in a safe and usable condition.
Upon completion of the retaining wall construction on the south side
of West 78th Street located west of the Washington Avenue and West
78th Street Roundabout, the City shall provide for the proper
maintenance of and keep in repair the walls and associated
appurtenances, without cost or expense to the State. Maintenance and
repair includes, but is not limited to, graffiti removal and surface
repair, and any other maintenance activities necessary to perpetuate
the walls in a safe, usable and aesthetically acceptable condition.
Upon satisfactory completion of the Washington Avenue bridge
construction over Trunk Highway No. I-494 to be performed under the
construction contract, the City shall provide for the proper
maintenance of the bridge roadway and walk without cost or expense to
the State. Maintenance shall include signing, striping, sweeping,
snow, ice and debris removal necessary to perpetuate the bridge
roadway and walk in a safe and usable condition. The State shall be
responsible for inspection and structural maintenance of the bridge,
including concrete surfacing, railings, and guardrail from bridge
approach panel to bridge approach panel.
Upon completion of the Washington Avenue/West 78th Street and the
Washington Avenue/Viking Drive/West 78th Street roundabout lighting
facilities construction, the cities of Bloomington and Eden Prairie
in accordance with their respective agreements will provide for the
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96484
proper maintenance of those facilities . Maintenance includes but is
not limited to; replacing faulty luminaires and knocked down or
otherwise damaged poles; repairing or replacing underground
facilities and wiring; repairing service cabinets, photocells, and
all other miscellaneous hardware to keep the lighting facilities in
working order; cleaning and relamping the luminaires; and painting
the lighting facilities. The City will pay all monthly electrical
service expenses necessary to operate the lighting facility. The
City will be responsible for the hook-up cost and application to
secure an adequate power supply to the service pad or pole.
As the State is not the owner of the system, the cities will perform
Gopher One underground locates and schedule system replacements when
the useful service life has been reached.
Section B. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract that was not included in the drainage for which
the storm sewer facilities were designed, without first obtaining
written permission to do so from the other party. The drainage areas
served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area" , which is on file in the office of the State ' s
District Hydraulics Engineer at Roseville and is incorporated into
this Agreement by reference.
Section C. Future Responsibilities
Upon completion of West 78th Street (west of Washington Avenue) and
Viking Drive (west of Washington Avenue) construction, the City shall
thereafter accept full and total responsibility and all obligations
and liabilities arising out of or by reason of the use, operation,
11
96484
maintenance, repair and reconstruction of West 78th Street and Viking
Drive and all of the facilities a part thereof constructed hereunder,
without cost or expense to the State .
Upon completion of Washington Avenue located north of Viking Drive,
the Cities of Eden Prairie, Edina, and Bloomington shall be
responsible for the maintenance of this local roadway and shall enter
into a separate maintenance agreement to address maintenance
responsibilities .
Section D. Planning For Future Project
The State proposed a project to reconstruct the Highway 169 and
Interstate 494 interchange, which included the construction of
roundabouts at Valley View Road' s intersections with Washington
Avenue, the west ramp terminal of Highway 169, the east ramp terminal
of Highway 169, and the East Frontage Road. As a result of the
updating of the traffic forecasts for the project, the proposed scope
of the work proposed on Valley View Road was reduced to reflect minor
intersection improvements and modifications to the existing signal
systems located at the intersections listed above. As a result of
coordination between the State, the City of Eden Prairie, and the
City of Edina; the work located on Valley View Road will be removed
from this contract and deferred until a future date after the new
Highway 169 and 1-494 interchange is operational and the resulting
traffic volumes and patterns can be better understood.
The State agrees to work with the Cities of Eden Prairie and Edina to
develop a project for Valley View Road and the interchange of Valley
View Road and Highway 169 based on an updated traffic analysis and
evaluation. The State agrees that the reduced scope interchange
improvements, as shown in Exhibit B, will serve as a baseline for the
State' s participation in the proposed project, with respect to scope
12
96484
and cost . Upon completion of the development of the proposed
improvements at Valley View Road and the interchange of Valley View
Road and Highway 169, the project will be reviewed and the value of
the State' s cost participation may be increased to reflect the
State' s cost participation policy.
Section E . Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C. 05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment .
Section F. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act . Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof . Minnesota Statutes
Section 3 . 736 and other applicable law govern liability of the State.
Minnesota Statutes Chapter 466 and other applicable law govern
liability of the City.
Section G. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE VI - AUTHORIZED AGENTS
The State ' s Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
13
96484
395 John Ireland Boulevard, Mailstop 682, St . Paul, MN 55155,
(651) 366-4634 .
The City' s Authorized Agent for the purpose of the administration of
this Agreement is Scott Neal, City Manager, or his successor. His
current address and phone number are 8080 Mitchell Road, Eden
Prairie, MN 55344, (952) 949-8300 .
[The remainder of this page has been intentionally left blank]
14
96484
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers .
CITY 'OF EDEN PRAIRIE " DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Mayor By
District Engineer
Date Approved:
By
State Design Engineer
By
City Manager
Date
Date Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
15
PRELIMINARY LUMP SUM PERCENTAGBE OF BID
Agreement No.96484-EXHIBIT"A"
City of Eden Prairie
S.P.2776-03(TA. 169-005) Preliminary:My 14,2010
Fed.Proj.NH 0169(315)
LUMP SUM(Bid Based)CITY COST PARTICIPATION
S.A.P.
DESIGN-BUILD TOTALS 100%
BID AMOUNT LOCAL
2.1268%of Bid _
DESIGN-BUILD PROJECT(Bid Based) -
Total Lump Sum Design-Build Construction and Engineering S141,109,737.00 $3,001,121.89
Bid Based Lump Sum Construction Costs 3,001,121.89
Fixed Lump Sum Right of Way Costs 154,320.00
Mn/DOT Lump Sum Design Build Construction Engineering Fund Level(5%) 150,056.09
Subtotal $3,305,497.98
(1) Total Obligation - -- S3,305,497.98
Total Anticipated Federal Aid
(2) Total Obligation minus Anticipated Federal Aid $3,305,497.98
Payment(s)due-upon award or on the following dates
(1)Amount of total obligation as described in Article III,Section A. of the Agreement(Estimated amount)
(2)Amount of advance payment as described in Article III,Section A.of the Agreement(Estimated amount) •
- 1 -
II
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1'n Agreement H( . r'484
EXHIBIT "a"
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda Sept. 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5717 ITEM NO.: VIII.E.
Leslie Stowing Award Contract for Riley Creek Bank
Public Works/Environmental Stabilization Project
Services
Requested Action
Move to: Award contract for the Riley Creek Bank Stabilization Project to Minnesota Native
Landscapes in the amount of$84,318.12.
Synopsis
Bids were received on Thursday, August 12, 2010 for the Riley Creek Bank Stabilization Project
within the Riley-Purgatory-Bluff Creek Watershed District (RPBWD). Eight bids were received
and evaluated. Attachment 1 includes a bid table itemizing the project bids. Minnesota Native
Landscapes, Inc. was the low bidder at an amount of $84,318.12 (74% of the Engineer's
Estimate of$112,494). Costs for the project will be paid out of the stormwater utility fund.
Background Information
The City is planning on redeveloping a segment of Eden Prairie Road where it crosses Lower
Riley Creek. During a review of the site to evaluate potential creek impacts due to the project,
the Department of Natural Resources (DNR) requested that the City stabilize and restore an
eroded section of Riley Creek upstream of Eden Prairie Road. The section is identified as Reach
F1-F2 in the watershed district plan for Lower Riley Creek. The City recently received a grant
from Hennepin County of$25,000 for this project. Due to the timing requirements associated
with the grant, the City is going forward with the creek stabilization project prior to
reconstruction of Eden Prairie Road.
Eight bids were received. The low bid for the project was from Minnesota Native Landscapes
with a bid of $84,318.12 or about 74% of the engineer's estimated cost for the project of
$112,494. Staff recommends award of the contract to Minnesota Native Landscapes, Inc.
Attachments
Attachment 1 -Recommendation of Award and Bid Summary
SE
August 17, 2010 RE: Eden Prairie,Minnesota
Riley Creek Bank Stabilization
Reach F1-F2
IC No. 08-5717
SEH No.AEDENP 110531 14.00
Leslie Stovring
Environmental Coordinator
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Dear Leslie:
On August 12, 2010, at 10:00 a.m. 8 bid proposals were received for the above-referenced project.The
bids ranged from a high of$194,700.00 to a low of$84,318.12.The low bid was submitted by Minnesota
Native Landscapes,Inc.
We have investigated the qualifications of Minnesota Native Landscapes, Inc. and find that they(1)have
a sufficient understanding of the project and equipment to perform the construction for which it bid; and
(2) according to their bonding agent they presently have the financial ability to complete the project bid.
SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability
to complete its work.
Accordingly we recommend the project be awarded to Minnesota Native Landscapes, Inc.in the amount
of$84,318.12.
Sincerely,
Carter Schulze
Project Engineer
cas
c: John Garry, Minnesota Native Landscapes,Inc.
Jeremy Walgrave, SEH
Paul Pasko, SEH
p:\ae\e\edenp\110531\IgenN4corr\recomendation of award Itr.docx .
Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302
SEH is an equal opportunity employer I www.sehinc.com 1952.912.2600 1800.734.6757 1952.912.2601 fax
J
Shaded area denotes
SEH TABULATION OF BIDS corrected figure
1 2
Riley Creek Bank Stabilization Reach F1-F2 Engineer's Estimate Minnesota Native Landscapes, Inc. Sunram Construction, Inc.
Eden Prairie,MN 8740 77th Street 20010 75th Avenue North
SEH No.:EDENP 110531 City Improvement Contract No.08-5717 Otsego,MN Corcoran,MN 55340
Bid Date:10:00 A.M.Thursday,August 12,2010 $112,494.50 $84,318.12 $98,535.00
Est.
Item No. Item Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization LS 1 $9,000.00 $9,000.00 $2,290.00 $2,290.00 $3,400.65 $3,400.65
2 Traffic Control LS 1 $2,000.00 $2,000.00 $757.50 $757.50 $1,250.00 $1,250.00
3 Clearing and Grubbing LS 1 $4,000.00 $4,000.00 $2,020.00 $2,020.00 $5,775.00 $5,775.00
4 Remove Debris LS 1 $2,000.00 $2,000.00 $1,131.20 $1,131.20 $1,500.00 $1,500.00
5 Bank Grading LF 300 $50.00 $15,000.00 $8.38 $2,514.00 $16.10 $4,830.00
6 Salvage and Install Topsoil LS 1 $2,000.00 $2,000.00 $1,212.00 $1,212.00 $2,150.00 $2,150.00
7 Random Riprap,Class I-Field Stone TON 213 $55.00 $11,715.00 $55.55 $11,832.15 $66.60 $14,185.80
8 Random Riprap,Class Ill-Field Stone TON 104 $50.00 $5,200.00 $61.61 $6,407.44 $67.50 $7,020.00
9 Granular Filter TON 77 $45.00 $3,465.00 $40.40 $3,110.80 $58.25 $4,485.25
10 Boulders-2-3 Foot Diameter EA 24 $100.00 $2,400.00 $95.95 $2,302.80 $97.00 $2,328.00
11 Trees-1-inch to 2.5-inch B&B EA 20 $400.00 $8,000.00 $429.25 $8,585.00 $255.00 $5,100.00
12 Shrubs EA 10 $150.00 $1,500.00 $199.98 $1,999.80 $29.00 $290.00
13 Seedling Plants EA 200 $2.50 $500.00 $5.70 $1,140.00 $3.50 $700.00
14 Silt Fence-Type Machined Sliced LF 1,700 $2.25 $3,825.00 $2.42 $4,114.00 $2.35 $3,995.00
15 Coir Roll 16inch Diameter LF 966 $20.00 $19,320.00 $22.00 $21,252.00 $17.60 $17,001.60
16 Rootwad(12-inch Dia Trunk Minimum) EA 13 $500.00 $6,500.00 $151.50 $1,969.50 $630.00 $8,190.00
17 Portable Sediment Containment System LS 1 $5,000.00 $5,000.00 $505.00 $505.00 $3,050.00 $3,050.00
18 Log Control Structure(Log-12-inch Dia Minimum) EA 2 $1,500.00 $3,000.00 $777.70 $1,555.40 $1,000.00 $2,000.00
19 Rock Construction Entrance EA 1 $500.00 $500.00 $1,010.00 $1,010.00 $1,000.00 $1,000.00
20 Seeding AC 2.6 $500.00 $1,300.00 $1,111.00 $2,888.60 $500.00 $1,300.00
21 Seed Mixture 110 LB 200 $1.00 $200.00 $0.75 $150.00 $0.42 $84.00
22 Seed Mixture Bwsr R1 (34-261) LB 61 $20.00 $1,220.00 $20.20 $1,232.20 $74.25 $4,529.25
23 Erosion Control Blanket Category 3 SY 2,333 $1.50 $3,499.50 $1.31 $3,056.23 $1.15 $2,682.95
24 Hydraulic Soil Stabilizer Type 6 LB 1,350 $1.00 $1,350.00 $0.95 $1,282.50 $1.25 $1,687.50
TOTAL BID $112,494.50 $84,318.12 $98,535.00
Urban Companies, LLC-total adding error
G.F.Jedlicki, Inc.-column adding error
Short Elliott Hendrickson Inc. Page 1 of 3
J�
Shaded area denotes
SEH TABULATION OF BIDS corrected figure
3 4 5
Riley Creek Bank Stabilization Reach F1-F2 Blackstone Contractors,LLC Urban Companies,LLC Peterson Companies, Inc.
Eden Prairie,MN 7775 Corcoran Trail East 3781 LaBore Road 8326 Wyoming Trail
SEH No.:EDENP 110531 City Improvement Contract No.08-5717 Corcoran,MN 55340 Vadnais Heights,MN 55110 Chisago City, MN 55013
Bid Date: 10:00 A.M.Thursday,August 12,2010 $107,869.90 $121,018.50 $146,493.39
Est.
Item No. Item Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization LS 1 $3,000.00 $3,000.00 $7,500.00 $7,500.00 $10,000.00 $10,000.00
2 Traffic Control LS 1 $600.00' $600.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00
3 Clearing and Grubbing LS 1 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $7,000.00 $7,000.00
-
4 Remove Debris LS 1 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $4,500.00 $4,500.00
5 Bank Grading LF 300 $56.67 $17,001.00 $20.00 $6,000.00 $10.00 $3,000.00'
6 Salvage and Install Topsoil LS 1 $8,500.00 $8,500.00 $2,500.00 $2,500.00 $5,600.00 $5,600.00
7 Random Riprap,Class I-Field Stone TON 213 $55.00 $11,715.00 $60.00 $12,780.00 $43.95 $9,361.35
8 Random Riprap,Class III-Field Stone TON 104 $55.00 $5,720.00 $60.00 $6,240.00 $47.00 $4,888.00
9 Granular Filter TON 77 $31.00 $2,387.00 $40.00 $3,080.00 $35.65 $2,745.05
10 Boulders-2-3 Foot Diameter EA 24 $30.00 $720.00 $100.00 $2,400.00 $94.00 $2,256.00
11 Trees-1-inch to 2.5-inch B&B EA 20 $175.00 $3,500.00 $400.00 $8,000.00 $450.00 $9,000.00
12 Shrubs EA 10 $65.00 $650.00 $200.00 $2,000.00 $100.00 $1,000.00
13 Seedling Plants EA 200 $8.00 $1,600.00 $7.00 $1,400.00 $10.00 $2,000.00
14 Silt Fence-Type Machined Sliced LF 1,700 $1.90 $3,230.00 $2.15 $3,655.00 $2.90 $4,930.00
15 Coir Roll 16inch Diameter LF 966 $18.00 $17,388.00 $19.00 $18,354.00 $20.28 $19,590.48
16 Rootwad(12-inch Dia Trunk Minimum) EA 13 $300.00 $3,900.00 $1,000.00 $13,000.00 $775.77 $10,085.01
17 Portable Sediment Containment System LS 1 $2,700.00 $2,700.00 1 $1,500.00 $1,500.00 $11,500.00 $11,500.00
18 Log Control Structure(Log-12-inch Dia Minimum) EA 2 $1,350.00 $2,700.00 $3,500.00 $7,000.00 $1,480.00 $2,960.00
19 Rock Construction Entrance EA 1 $600.00 $600.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00
20 Seeding AC 2.6 $525.00 $1,365.00 $500.00 $1,300.00 $4,400.00 $11,440.00
21 Seed Mixture 110 LB 200 $2.10 $420.00 $1.00 $200.00 $3.00 $600.00
22 Seed Mixture Bwsr R1 (34-261) LB 61 $141.75 $8,646.75 $160.00 $9,760.00 $155.00 $9,455.00
23 Erosion Control Blanket Category 3 SY 2,333 $1.05 $2,449.65 $1.50 $3,499.50 $2.50 $5,832.50-
24 Hydraulic Soil Stabilizer Type 6 LB 1,350 $2.65 $3,577.50 $1.00 $1,350.00 $5.00 $6,750.00
TOTAL BID $107,869.90 $121,018.50 $146,493.39
Urban Companies, LLC-total adding error
G.F.Jedlicki, Inc.-column adding error
Short Elliott Hendrickson Inc. Page 2 of 3
J/
JJ Shaded area denotes
SEH TABULATION OF BIDS corrected figure
6 7 8
Riley Creek Bank Stabilization Reach F1-F2 Lametti&Sons, Inc. G.F.Jedlicki, Inc. Rachel Contracting,LLC.
Eden Prairie,MN 16028 Forest Blvd N. 14203 West 62nd Street 4125 Napier Court N.E.
SEH No.:EDENP 110531 City Improvement Contract No.08-5717 Hugo,MN 55038 Eden Prairie,MN 55346 St.Michael,MN 55376
Bid Date: 10:00 A.M.Thursday,August 12,2010 $194,700.00 $196,701.00 $136,065.00
Est.
Item No. Item Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization LS 1 $6,872.00 $6,872.00 $9,800.00 $9,800.00 $25,000.00 $25,000.00
2 Traffic Control LS 1 $900.00 $900.00 $3,340.00 $3,340.00 $1,500.00 $1,500.00
3 Clearing and Grubbing LS 1 $10,000.00 $10,000.00 $9,200.00 $9,200.00 $10,000.00 $10,000.00
4 Remove Debris LS 1 $9,000.00 $9,000.00 $4,600.00 $4,600.00 $2,500.00 $2,500.00
5 Bank Grading LF 300 $34.00 $10,200.00 $16.00 $4,800.00 $8.50 $2,550.00
6 Salvage and Install Topsoil LS 1 $350.00 $350.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00
7 Random Riprap,Class I-Field Stone TON 213 $200.00 $42,600.00 $115.00 $24,495.00 $85.00 $18,105.00
8 Random Riprap,Class III-Field Stone TON 104 $85.00 $8,840.00 $115.00 $11,960.00 $90.00 $9,360.00
9 Granular Filter TON 77 $90.00 $6,930.00 $115.00 $8,855.00 $55.00 $4,235.00
10 Boulders-2-3 Foot Diameter EA 24 $350.00 $8,400.00 $210.00 $5,040.00 $135.00 $3,240.00
11 Trees-1-inch to 2.5-inch B&B EA 20 $315.00 $6,300.00 $330.00 $6,600.00 $300.00 $6,000.00
12 Shrubs EA 10 $46.00 $460.00 $50.00 $500.00 $40.00 $400.00
13 Seedling Plants EA 200 $5.25 $1,050.00 $6.00 $1,200.00 $5.00 $1,000.00
14 Silt Fence-Type Machined Sliced LF 1,700 $1.75 $2,975.00 $2.00 $3,400.00 $1.80 $3,060.00
15 Coir Roll 16inch Diameter LF 966 $17.50 $16,905.00 $25.00 $24,150.00 $17.00 $16,422.00
16 Rootwad(12-inch Dia Trunk Minimum) EA 13 $3,000.00 $39,000.00 $2,300.00 $29,900.00 $750.00 $9,750.00
17 Portable Sediment Containment System LS 1 $3,500.00 $3,500.00 $18,000.00 $18,000.00 $2,000.00 $2,000.00
18 Log Control Structure(Log-12-inch Dia Minimum) EA 2 $5,000.00 $10,000.00 $3,000.00 $6,000.00 $400.00 $800.00
19 Rock Construction Entrance EA 1 $2,000.00 $2,000.00 $500.00 $500.00 $1,200.00 $1,200.00
20 Seeding AC 2.6 $400.00 $1,040.00 $1,300.00 $3,380.00 $600.00 $1,560.00
21 Seed Mixture 110 LB 200 $0.50 $100.00 $2.20 $440.00 $1.00 $200.00
22 Seed Mixture Bwsr R1 (34-261) LB 61 $70.00 $4,270.00 $175.00 $10,675.00 $150.00 $9,150.00
23 Erosion Control Blanket Category 3 SY 2,333 $1.00 $2,333.00 $2.00 $4,666.00 $1.00 $2,333.00
24 Hydraulic Soil Stabilizer Type 6 LB 1,350 $0.50 $675.00 $2.00 $2,700.00 $2.00 $2,700.00
TOTAL BID
$194,700.00 $196,701.00 $136,065.00
Urban Companies, LLC-total adding error
G.F.Jedlicki, Inc.-column adding error
Short Elliott Hendrickson Inc. Page 3 of 3
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Stuart Fox, Parks and Natural Award Bid to Pass Fencing for the Dugout
Resources Manager, Parks and Covers at Miller Park Ballfields
Recreation
Motion
Move to: Award the contract for the installation of dugout covers on the eight ballfields at
Miller Park to Pass Fencing in the amount of$142,125.00.
Synopsis
The City advertised for the installation of dugout covers on eight ballfields at Miller Park. This
project is a cooperative effort between the City and the youth baseball and softball associations.
The existing dugout areas will be renovated with a new steel dugout cover and new perimeter
safety fencing. The existing concrete slab, some of the current side fence and current player's
benches will be kept since they are in good condition and do not need to be replaced.
The funding to pay for the new ballfield dugout covers is from a Hennepin Youth Sports Grant
Program and matching donations from the youth baseball and softball association.
Background
The scope of this project is to install steel dugout covers on the four baseball field and four
softball fields at Miller Park. Currently all of the dugout areas except for the lighted regulation
baseball field have player protection/safety fencing but none are covered. Currently temporary
plastic tarps are used by the associations during various tournaments. The new dugout covers
will provide shade for the players and protection from foul balls and light rain.
A couple of years ago staff was approached by board members from both youth sports
associations expressing a desire to cover the dugout areas on the eight youth ballfields. Shortly
after this details of the Hennepin Youth Sports Grant Program were announced. This grant
program provides funding through Hennepin County to build, improve or renovate youth sport
facilities within Hennepin County as part of the tax funding for the new Twins Stadium. The
staff discussed several field improvement options with the youth associations. It was decided that
there was an opportunity to leverage their donation dollars in upgrading the youth fields at Miller
Park by applying for a Youth Sports Grant. In March, the staff submitted a grant request for
several improvements to Miller Park. The request was for$110,000 in grant funding to match the
$120,000 in donations from the two youth associations. The grant was approved by the Hennepin
County Board of Commissioners on May 25 of this year.
Award Bid to Pass Fencing for the Dugout Covers at Miller Park Ballfields
September 7, 2010
Page 2
Quote Summary and Recommendation
Plans and specifications were prepared for steel dugout covers at Miller Park using information
and input from the board members of both associations. The city received three quotations and
the summary of those quotes is as follows:
Company Name Quotation
Pass Fencing $142,125.00
Century Fence Co. $162,968.00
Tennis West $167,710.00
Staff estimate for the dugout covers based on 2009 estimates used for the grant application was
$135,000.
Each of the submitters met the guidelines as detailed in the bid specification document. Staff
recommends the bid be awarded to Pass Fencing, Inc.
The project work will begin in October with completion by the end of November.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Rick Wahlen Approve Professional Services
Public Works/Utilities Agreement with AE2S for Engineering
Services for 2010-1011 Utility Capital
Improvements
Requested Action
Move to: Approve Professional Services Agreement with AE2S for Engineering Services for
Utilities Capital Improvement Projects for 2010-2011 in the amount of$518,000.
Synopsis
Eden Prairie Utilities plans to implement the following projects beginning in late 2010 to update
the city's water and wastewater systems:
PROJECT CLASSIFICATION ENGINEERING FEE ESTIMATED CONST.COST
[1] WTP Process Upgrades $ 92,000 $475,000
[2] WTP Control Updates $ 194,000 $655,000
[3] Lift Station SCADA $ 92,000 $ 180,000
[4] Well No.3 Rehab $ 48,000 $ 128,000
[5] Lift Station Generator $ 24,000 $ 37,000
[6] Chemical Feed Upgrade $ 68,000 $263,000
The attached engineering services agreement provides for design, bidding, construction,
programming, and post construction engineering services for the above six distinct classifications
of improvements.
Background Information
Key to staff's recommendation to perform the work associated with these improvements is the
need to overcome control system obsolescence in projects 1, 2, and 6 and make the water
treatment plant functional through 2017. Much of the existing control system is no longer
repairable without major replacement, as the technology in use at the time of original
construction is no longer supported, and repair parts are no longer available. Completion of
projects 3 and 5 impacting the city's sanitary lift stations will net substantial savings in personnel
costs by eliminating much of the after-hours on-call requirements to manage these facilities.
Project 4 delays the need to construct a new well and provides additional water at a fraction of
the cost.
The projects were identified in the recently completed Utility Rate Study and will be paid from
the Utility Construction Fund.
Attachment
Proposal and Professional Services Agreement with AE2S
August 10, 2010
Mr. Rick Wahlen
Manager of Utility Operations
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
Dear Rick:
Advanced Engineering and Environmental Services, Inc. (AE2S) is pleased to submit this letter
proposal to the City of Eden Prairie for professional engineering services for miscellaneous
2010 Capital Improvements Projects. Our understanding of the project and our proposed scope
of services and associated fee are presented below.
PROJECT UNDERSTANDING
The purpose of this project is to provide the City of Eden Prairie with improvements to the
existing water system components. It is anticipated that the improvements will be broken up
into six (6) separate projects as follows:
1. Water Treatment Facility Process Upgrades
2. Water Treatment Facility Control Upgrades
3. Lift Stations SCADA
4. Well No. 3 Rehabilitation and Upgrade
5. Eden Prairie Road Lift Station Generator
6. Chemical Feed System Controls Upgrade
Formal bids will be taken or quotes will be obtained from qualified contractors depending upon
the construction cost of the project.
1. Water Treatment Facility Process Upgrades
The purpose of this project is to provide the City of Eden Prairie with improvements to their
existing treatment process. Items included in this project are the replacement of flow meters,
addition of rigid pipe supports for the filter press feed piping and conversion to a liquid
polyphosphate feed system. These upgrades will aid in improving plant efficiency, improving
operations and improving maintenance practices. Each portion of the project is described
below.
WTP Flow Metering
Based on the Flow Meter Evaluation completed by AE2S, it was determined that the existing
WTP venturi flow meters are not accurately measuring water flow through the plant. This
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 2 of 8
makes operations, chemical feed, etc. difficult. It was the recommendation of the flow meter
evaluation to replace the existing probe, venturi and pitot meters with flanged magnetic flow
meters. The following flow meters were identified as a priority:
1. West Influent Meter (30-inch)
2. Primary Basin No. 3 Influent (30-inch)
3. P3 Bypass (20-inch)
4. Primary Basin No. 4 Influent (24-inch)
5. P4 Bypass (20-inch)
6. Wash Water Recovery (8-inch)
7. Raw Water Bypass, Basin #1 (8-inch)
8. Raw Water Bypass, Basin #2 (8-inch)
9. Wash Water Supply (24-inch)
By replacing the above meters, operators will be able to accurately monitor flows to each
treatment train, pace chemical feed rates, pump rates, etc. off of accurate flow data and reduce
the amount of maintenance required for the meters. We would propose to procure the meters
separately ahead of bidding to speed up the construction process.
Filter Press Feed Piping
The existing filter press feed system consists of air diaphragm pumps with ductile iron piping
and Victaulic couplings. While the pumps are in operation the piping tends to move due to the
pumping action of the sludge because there are no rigid pipe supports. In order to alleviate this
problem, pipe supports will be put in place along the wall. It may also be necessary to replace
some of the pipe with flanged ductile iron pipe.
Polyphosphate Feed System
The existing polyphosphate feed system uses a dry polyphosphate chemical. The dry chemical
is poured into a mixing tank where it is mixed with water into solution. The solution is then
transferred to a day tank where it is fed into the treatment flow. The dry chemical is delivered in
50 pound bags on pallets and stored in the chemical feed room. Handling of the dry chemical is
cumbersome and time consuming. Replacing the dry chemical with a liquid feed system would
eliminate excessive handling of chemicals as well as minimize potential injuries related to
handling of the chemicals. The replacement would involve the installation of new bulk storage
tanks, modifications to the existing day tank, new chemical feed pumps, piping and other
appurtenances.
Fluoride Feed System
The existing dry chemical feed system for fluoride is cumbersome and time consuming. There
is also a health concern with handling the dry chemical. Replacing the dry chemical feed
system with a liquid feed system will eliminate excessive handling of chemicals and health
concerns related to the handling of the dry chemical. There is an existing liquid chemical
storage tank which can be used for chemical storage. New chemical feed pumps, piping,
breaker box would be provided to convey the chemical to existing feed points.
•
AEZS
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Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 3 of 8
Market Center Tower Valve Replacement and Repair
One of the existing bypass valves is leaking and needs replacement. In addition there is a two
way altitude valve which controls flow in and out of the tower. Given that there is a large main
directly two the tower it fills much quicker than the Baker Road or Hidden Ponds towers and
adding a control valve to the bypass line would allow the City to control the flow rate to the tower
to better balance filling of all of the towers. The City tried closing the valve to the tower to
regulate the flow, however, they experienced high pressures in the trunk lines off the main line
to the tower. We will review the operation of the tower in the model with a control valve to
determine pressures and optimum valve sizing for control before proceeding with design. Items
included in this project are the replacement of existing bypass valve with a control valve,
replacement of existing altitude valve with a check valve, and associated electrical an l&C for
the control valve.
2. Water Treatment Facility Control Upgrades
The existing water treatment facility has limited automatic control and remote monitoring
capabilities. As part of the water treatment facility controls upgrade the following would be
completed:
Filter Press Controls Update
The existing filter presses have control panels with Allen Bradley SLC5/03 processors. The
existing processors need to be upgraded for Ethernet capabilities so that they can communicate
to the SCADA system. PLC programming and SCADA screens would be developed for the filter
press system for remote monitoring and control. Cabling and conduit would be required to
connect the existing filter press control panels to the network.
Filter Controls Addition
Currently filters No. 1 through 9 are operated locally off of pneumatics only. Filters 10-13 have
additional control features and are tied to the SCADA for limited monitoring only. The filter
controls addition would add filter controls to 1 through 9 and add additional monitoring and
control functions for filters 10 through 13. In addition, the current digital controllers for filters 10
through 13 are problematic and it is becoming difficult to find replacement parts as they are no
longer manufactured. Replacement with new controls will improve the reliability. Filters 1
through 9 will require electronic positioners, solenoid valves, and additional instrument air piping
to control the filter valves. New pressure transmitters, float switches, and level transmitters
would be provided for automatic control. A new control panel would be installed on the wall
near the filter area to control filters 1 through 9. Remote junction boxes (push button/pilot lights)
would be installed in front of each set of three filters. A new laptop with an IFix viewnode would
be provided as an additional operator interface. A wireless access point or hardwired Ethernet
connections could be provided at each of the filter junction boxes to allow the operator to view
and control the filter operation from the laptop. PLC programming and additional SCADA
screens would be required. Additional PLC programming and PLC I/O cards would be required
to add additional monitoring and control for filters 10 through 13.
Master PLC Upgrade
The existing PLC's currently provide only limited control of the WTP. To expand the control
capabilities either additional I/O modules are required or a complete upgrade. The existing
AE2S
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Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 4 of 8
PLC's are currently on a DH+ network which is slower than the current Ethernet technology. As
more control functions are added the system will only get slower. Due to the continuous
advancement in technologies, smaller platform PLC's with faster communication protocol and
modular expandability are available for a lower cost than the existing PLC's. Even if the existing
PLC's were not replaced they would have to be expanded to add more control functions. The
additional large form I/O racks would limit space in the existing control panels and are slowly
becoming obsolete. The existing Allen Bradley SLC 5/05 PLC's would be swapped out with
new Allen Bradley Control Logix PLC's to provide current and updated equipment, faster
communication, and additional expandability. The DH+ network would be upgraded to Ethernet.
The upgrade would be completed in stages to minimize plant disruption.
3. Lift Stations SCADA
The 21 existing sanitary sewer lift stations currently do not have remote monitoring capabilities.
Adding telemetry equipment at each station and a master control at the water treatment facility
will allow staff to remotely view the lift station operations as well as see notification of alarms.
This will help improve operations and minimize the response for emergencies. This will reduce
the amount of overtime spent by staff as they will not have to go out the lift station site for every
nuisance alarm. It will also improve response time in the event of a failure. The project will
consist of a radio path study to determine signal strength at each of the lift station locations and
development of new SCADA screens for viewing the lift station operations.
4. Well No. 3 Rehabilitation and Upgrade
Well No. 3 currently has no back-up power supply which leaves it susceptible to down time
during power outages. This is a potential problem during high demand periods as it would limit
the amount of water the WTP could produce. Currently there is not enough stand alone well
capacity to meet the base water demand in the event of a major power failure. Adding a back-
up power supply will help meet that goal. The improvements to Well No. 3 include installing a
new back-up power generator, installing an automatic transfer switch and incorporating these
features into the existing SCADA controls.
Back-up Power Generator
The existing well house contains a 75 horsepower US Electric pump motor. The pump motor is
connected to a variable frequency drive (VFD) which enables the operators to run the pump
motor at different speeds. The back-up power generator would be sized to handle these
operating conditions. The generator would be placed adjacent to the well house building and
would come equipped with a sound proof enclosure. The generator would be sized
Automatic Transfer Switch
The new back-up power generator would be connected to an automatic transfer switch within
the well house. The automatic transfer switch would automatically transfer the power from
normal power to stand-by power. The transfer switch would be located inside the control panel
in the well house building.
AEZS
C:\Documents and Settings\jbenson\Desktop\Proposal Letter 2010 Capital Improvements Projects.docx
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 5 of 8
SCADA Controls
The back-up power generator and automatic transfer switch would be incorporated into the
existing WTP SCADA controls. Controls for the generator and transfer switch would include
power fail alarm, indication of switchover to stand-by power and generator run indicator.
5. Lift Station Generator
The City has an existing 80 Kw natural gas powered generator from the Well No. 2 upgrade
project that would be moved out to one of the major lift station sites and used to power the lift
station in the event of a power outage. This will provide reliability and improve the emergency
response time for other critical lift stations in the system. The project would consist of
installation of the existing generator, a new automatic transfer switch, a micrologix PLC to
monitor and control the generator operation, and miscellaneous electrical and site
improvements.
6. Chemical Feed Systems Controls Upgrade
Currently the chemical feed systems are all adjusted manually based upon the chosen facility
flow rate. Each time the flow at the water treatment facility is adjusted the chemical feed
systems all have to be manually adjusted to correspond to the change in flow rate. This is in
part due to the inaccuracies of the current flow metering at the facility and the limited capability
of the existing control system. Following completion of flow metering improvements and an
update of the facility control system the existing chemical feed systems would be modified to
allow for automatic control or flow pacing of the chemicals based upon the facility flow rate.
This will help minimize the use of chemicals. The controls would be designed so that the
systems could be operated in either manual or automatic control at the discretion of the
operator. Some of the existing feed equipment does not have the capability for automatic
control and will required replacement while other systems will just require connection to the PLC
and SCADA network.
AE2S SCOPE OF SERVICES
Advanced Engineering will be responsible for the following tasks for each particular project.
Bidding services may be limited to obtaining quotes from qualified contractors for smaller
projects.
Design Phase Engineering Services
• Prepare preliminary set of drawings. Drawings will be sufficiently detailed to understand
project but will lack details required for construction.
• Prepare preliminary specifications and preliminary estimate of probable construction cost
for the project.
• Review preliminary drawings, specifications and preliminary estimate of probable
construction cost with City personnel and make changes as required.
• Prepare final construction drawings and specifications based upon final/modified
preliminary design documents.
• Review final construction drawings and specifications with City personnel.
• Update the preliminary opinion of probable cost to reflect design changes.
11E25
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Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 6 of 8
Bidding Phase Engineering Services
• Print construction drawings and specifications (Bidding Documents)
• Distribute Bidding Documents to prospective bidders.
• Maintain bidders list.
• Receive and keep contractor deposits for accessing Bidding Documents.
• Respond to bidder questions.
• Issue addenda to bidding documents, if required.
• Prepare bid tabulation sheets.
• Evaluate bids.
• Recommend award of construction contract.
Construction Phase Engineering Services
• Organize, coordinate, lead and attend preconstruction conference and regular progress
meetings during construction. Provide and distribute meeting minutes.
• Review contractor submittals (shop drawings) for products and equipment.
• Issue contract document clarifications as required.
• Process contractor change order requests.
• Review contractor submitted construction progress schedules.
• Process contractor pay requests.
• Provide periodic construction observation by project design team members (not more
than 180 hours total).
• Provide a single substantial completion punch list for contractor and issue certificate of
substantial completion when appropriate.
• Review final submittal from contractor with respect to conformance with the contract
documents.
• Process final pay request and project close-outs.
Post Construction Phase Engineering Services
• Provide record drawings.
Programming Services
• Provide PLC programming services for the controls upgrades.
• Provide HMI programming services for new screens and updates to existing screens as
necessary for the proposed improvements.
• Provide startup assistance for the controls upgrades.
CITY OF EDEN PRAIRIE RESPONSIBILITIES
In order to complete our tasks, we will need the City to provide the following:
• Provide designated project contact person.
• Provide answers to specific project questions, provide requested information and make
decisions regarding project direction during course of the project in a timely manner.
• Provide CAD files.
• Attend construction progress meetings when requested.
AE2S
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Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 7 of 8
• Provide resident project representative services.
SCHEDULE
The following are projected project schedules based upon project approval in August of 2010,
design, and construction.
Authorize
Completion Advertise Award Substantial Final
No. Project of Design for Bids Bids Completion Completion
1 Water Facility Process Updates 09/30/10 10/19/10 11/16/10 04/15/11 05/15/11
2 Water Facility Control Updates 11/03/10 11/16/10 12/21/10 05/15/11 06/15/11
3 Lift Station SCADA 10/18/10 11/16/10 12/21/10 06/01/11 06/15/11
4 Well No.3 Rehab and Upgrade 8/12/11 10/04/11 11/22/11 05/15/12 06/01/12
5 Lift Station Generator Upgrade 09/30/10 10/19/10 11/16/10 04/15/11 05/01/11
Chemical Feed Systems Controls
6 Upgrade 05/03/11 05/17/11 06/21/11 11/15/11 12/15/11
ENGINEERING FEES
We propose to perform the defined tasks for an estimated hourly fee not to exceed of$273,000
for design, bidding, construction, and post construction phase engineering services. In addition,
we propose to perform programming services for an estimated hourly fee not to exceed
$245,000. We will bill at our customary hourly rates. The following is a breakdown of the
estimated engineering and programming fees for the projects. Engineering services include
design, bidding, construction, and post construction phase services. Programming services
include PLC programming, HMI programming, and startup services.
Estimated Estimated
Engineering Programming
No. Project Services Services
1 Water Facility Process Updates $64,000 $28,000
2 Water Facility Control Updates $80,000 $114,000
3 Lift Station SCADA $38,000 $54,000
4 Well No.3 Rehab and Upgrade $35,000 $13,000
5 Eden Prairie Road Generator Upgrade $17,000 $7,000
Chemical Feed Systems Controls
6 Upgrade $39,000 $29,000
Total $273,000 $245,000
AEZS
C:\Documents and Settings\jbenson\Desktop\Proposal Letter 2010 Capital Improvements Projects.docx
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
2010 Capital Improvements Projects
8/10/2010
Page 8 of 8
AGREEMENT
We propose to provide the above professional engineering services in accordance with the
attached Standard Agreement for Professional Services between AE2S and the City of Eden
Prairie.
We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have
any questions or comments please feel free to call us at (763) 463-5036.
Sincerely,
AE2S
Jason Benson, PE
Project Manager
AE2S
C:\Documents and Settings\jbenson\Desktop\Proposal Letter 2010 Capital Improvements Projects.docx
Rev. 8-07-2009
Standard Agreement for Professional Services
This Agreement is made on the 7th day of September, 2010, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and AE2S, a Minnesota Corporation (hereinafter "Consultant") whose business address is
6901 East Fish Lake Road, Suite 184 Water Tower Place Business Center, Maple Grove, MN
55369-5457.
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
2010-2011 Utility Projects 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" (A letter proposal dated August 10, 2010, attached) 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 September, 2010 through January, 2012
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 $518,000 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
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.
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Rev. 8-07-2009
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
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.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and
the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall
provide an itemized listing and such documentation as reasonably required by the City.
Each invoice shall contain the City's project number and a progress summary showing
the original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or
in part by the City, the Consultant shall be paid for any services performed prior to
receipt of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Consultant has designated Jason Benson to serve as
Project Manager 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.
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Rev. 8-07-2009
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. 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 books, records, documents and accounting procedures and practices of the Consultant or
other parties relevant to this Agreement 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. 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 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, 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
3
Rev. 8-07-2009
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
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, to the extent attributable to a negligent or otherwise
wrongful 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. Consultant further
agrees to indemnity the City for defense costs incurred in defending any claims, unless the
City is determined to be at fault.
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
4
Rev. 8-07-2009
not be limited to, minimum coverages and limits of liability specified in this Paragraph,
or required by law. The policy(ies) 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 primary and noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,000,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall
include coverage for all owned, hired and non-owed
vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to maintain
this coverage for a minimum of two (2) years following completion of its work.
Said coverage shall apply to bodily injury and property damage arising out of
the products-completed operations hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement
form as is approved by the City.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
5
Rev. 8-07-2009
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City. Said policy shall provide an
aggregate limit of$2,000,000. Said policy shall not name the City as an insured.
Consultant's aggregate liability for claims relating to its professional services will not
exceed the professional liability limit required under this Agreement
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph 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. In addition to the requirements
stated above, the following applies to the insurance policies required under this
Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall be written
on an "occurrence" form ("claims made" and "modified occurrence" forms are
not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be apply on
a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City
of Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall
not be canceled or non-renewed, nor shall coverage limits be reduced by
endorsement, without thirty (30) days prior written notice to the City.
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph 20, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. 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 prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
6
Rev. 8-07-2009
thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to
enforce the terms of Consultant's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of
the extent to which the underlying occurrence (i.e., the event giving rise to a claim which
would have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant, its
subcontractors, agents, employees or delegates. Consultant agrees that this indemnity
shall be construed and applied in favor of indemnification. Consultant also agrees that if
applicable law limits or precludes any aspect of this indemnity, then the indemnity will be
considered limited only to the extent necessary to comply with that applicable law. The
stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
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. Use 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 use of the Information by the City or the Consultant beyond the scope
of the Project is without liability to the other, and the party using 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
7
Rev. 8-07-2009
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.
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
By:
Its:
8
CITY COUNCIL AGENDA
DATE: September 7, 2010
SECTION: Public Hearings
ITEM DESCRIPTION:
DEPARTMENT/DIVISION: Certificate Of Appropriateness ITEM NO.: IX.A.
Community Development/Planning #2010-03-004 for JR Cummins House
Janet Jeremiah/ Scott A. Kipp Sewer& Water Extension Plan
REQUESTED ACTION
Move to:
• Close the Public Hearing.
• Adopt the Findings of Fact and Approve Certificate of Appropriateness #2010-03-004
For the John R. Cummins House Sewer and Water Extension Plan.
SYNOPSIS
The John R. Cummins Homestead was designated a Heritage Preservation Site on September 16,
1997. The property was added to the National Register on October 13, 1982. It is one of two sites
in Eden Prairie on the NRHP. A Certificate of Appropriateness (COA) is required to make any
change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or
alteration to a building, structure or site must meet the Secretary of the Interior's Standards and
Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff
reviewed the Sewer and Water Extension Plan to ensure compliance with these standards. The
City Council approves the Certificate of Appropriateness.
The Eden Prairie Historical Society is requesting approval of a Certificate of Appropriateness for
extension of sewer and water utilities from the existing sewer and water mainline stubs located at
Pioneer Trail to a termination point on the west side of the John R. Cummins House. Trenching
for the utilities will follow the existing driveway alignment to minimize disturbance to the sites
lawn areas. Utilities will then be brought into the house by a qualified plumber for connection to
the homes existing bathroom and kitchen. The water supply will also be connected to exterior
hose bibs, and be made available for a future interior fire suppression system.
FINDINGS OF FACT
The plan is found to meet preservation standards applicable to this application request based on
the following:
• That notice of the meeting was published in the local paper
• That proper notice was given to property owners within 350 feet of the site
• That the application for review and sufficient documentary information on the sewer and
water extension project was provided to the HPC
• That the application does meet the Secretary of The Interior's Standards, and the specific
Criteria for Certificate of Appropriateness items as follows:
C. 1. Every reasonable effort shall be made to provide a compatible use for the
property which requires minimal alteration of the buildings, structure, or site and its
environment, or to use the property for its originally intended purpose.
The Sewer and Water Extension Plan is found not to be incongruous to the original use or
character of the heritage site. The historic farmhouse landscape features will be retained
and all areas disturbed by construction will be restored to pre-construction condition.
C.2. The distinguishing original qualities or character of a building, structure or
site and its environment shall not be destroyed. The removal of any historic material or
distinctive features should be avoided when possible.
No buildings or distinctive features will be destroyed by the utility work. Historic gardens
and trees have been identified and will be protected. All areas disturbed by construction
activity will be restored to pre-construction condition, including reseeding lawn areas and
restoration of the historic driveway surface. Means to protect significant trees in the
construction area will be taken to ensure no trees are lost.
C.3. All buildings, structures and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be avoided.
No alteration of an existing structure is planned. The Sewer and Water Extension Plan, as
submitted does not alter existing historical features, or recreate an earlier farmstead
feature or appearance.
C.4. Changes which have taken place in the course of time are evidence of the
history and development of a building, structure or site and its environment. These
changes may have acquired significance in their own right, and this significance shall be
recognized and respected.
Not applicable.
C.5. Distinctive stylistic features or examples of skilled craftsmanship which
characterizes a building, structure, or site shall be treated with sensitivity.
Not applicable.
C.6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material should match
the material being replaced in composition, design, color, texture, and other visual
qualities. Repair or replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different architectural
elements from other buildings or structures.
Not applicable.
C.7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage historic building
materials shall not be undertaken.
Not applicable.
C.B. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any acquisition, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
No archaeological resources are known to exist in the area that will be impacted by the
utility work. The work will be monitored during the trenching phase for possible
archaeological content.
C.9. The Commission and the Council shall also consider, when appropriate, the
Secretary of The Interior's Specific Standards for Preservation Projects.
The Secretary of The Interior's Standards for The Treatment of Historic Properties and
Guidelines for The Treatment of Cultural Landscapes were considered in the review of
this application.
HPC RECOMMENDATION
The Eden Prairie Heritage Preservation Commission held a public meeting on August 16, 2010,
and reviewed the Sewer and Water Extension Plan per City Code, Section 11.05, Subd. 8.C.,
Criteria for Certificate of Appropriateness. The Commission voted in favor (4-0) and
recommends that the City Council approve the application for Certificate of Appropriateness No.
2010-03-004, with the following condition:
Prior to starting work, the Eden Prairie Historical Society and its utility contractor consult with
City staff on avoiding impacts to significant trees in the trenching alignment area.
BACKGROUND
The Eden Prairie Historical Society now leases the John R. Cummins Homestead from the City
and per the lease agreement; the Historical Society is responsible for extension of new utilities to
the house. As part of its core mission to provide quality programs and public access to the house,
the Historical Society plans to make City approved improvements to the home that provide better
functionality and address access and safety needs. Extension of City sewer and water service is
the first phase of the planned improvements.
ATTACHMENTS/EXHIBITS
1. Certificate of Appropriateness
2. Sewer and Water Extension Plan, dated August 13, 2010
3. Staff Report
4. HPC Unapproved Minutes
City of Eden Prairie
Application for Certificate of Appropriateness
Property Location Permit#2010-03-004
Name: John R. Cummins Homestead Address: 13600 Pioneer Trail
SHPO Site Number: HE-EPC-004
Applicant
Name: Eden Prairie Historical Society Address: 8080 Mitchell Road
Phone:
Property Owner
Name: City of Eden Prairie Address: 8080 Mitchell Road
Phone: 952-949-8300
Contractor/Architect Performing Work
Name: Address:
Phone:
Project Description Major/Minor: Major
Extension of City sewer and water utilities from stub location at Pioneer Trail to west side of house via the
driveway alignment. New sewer and water lines will be connected to the home and serve the remodeled and
accessible bathroom, kitchen sinks, future fire suppression system and exterior mounted hose bibs.
APPLICANT
Signature Date
CITY OF EDEN PRAIRIE
Signature Date
f'
CUMMINS - GRILL NOMES7EAD PARK
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_-i 11 ti F PROPOSED CONST.. LIMITS
JOHNN R. S HOMESTEAD c- -iJ ;�x 1. PROPOSED HYDRANT
1_7.r 1— — _ _ ' a PROPOSED CURB STOP
SEWER AND WATER EXTENSION PLAN %1 ,
', 1 ', SANITARY SEWER & WATERMAIN CONSTRUCTION PLAN
August 13,2010 1
SANITARY SEWER & WATERMAIN EXTENSION
X i (CUMMINS-GRILL AREA) PLANS
CSAH I i SP 27-601-41 & SAP 27-601-35
Eden Prairie Historical Society MSAP 181 020-021 4 951-020-026
SHEET 1 OF 3
TO: Heritage Preservation Commission
FROM: John Gertz, Historic Preservation Specialist, Pathfinder CRM
DATE: August 16, 2010
PROJECT: COA—2010-03-004
Findings of Fact Recommendation
John R. Cummins Homestead Sewer and Water Service Extension Plan
Request and Background
The Eden Prairie Historical Society(Historical Society) is requesting a Certificate of
Appropriateness (COA), for the John R. Cummins Homestead Sewer and Water Extension Plan,
dated August 13, 2010. The Historical Society now leases the John R. Cummins Homestead
from the City and per their lease agreement is responsible for extension of sewer and water
utilities to the house. One of the core goals of the Historical Society is to provide ongoing
programs and public access to the house, and to meet this goal the Historical Society will need to
make improvements to the home's basic services to ensure code compliance for safety and
accessibility.
Sewer and water mains were installed by Hennepin County Transportation as part of their CSAH
1 (Pioneer Trail) expansion completed last year, and included sewer and water stubs for future
service to the John R. Cummins House. At the request of the HPC, the County had the sewer and
water stubs installed so that the future extension work would use the driveway alignment for
trenching and minimize disturbance to the lawn areas. The sewer and water lines would
terminate on the west side of the house, on the south side of the existing bulkhead. From this
point the lines would be brought into the house and connected to the homes domestic service for
bathroom, kitchen, future fire suppression system, and exterior wall hose bibs.
Findings of Fact
The Historical Society's Sewer and Water Extension Plan is found to meet general preservation
standards applicable to this application request. The HPC may wish to adopt and recommend to
the City Council the following Findings:
C. 1. Every reasonable effort shall be made to provide a compatible use for the
property which requires minimal alteration of the buildings, structure, or site and its
environment, or to use the property for its originally intended purpose.
1
The Sewer and Water Extension Plan is found not to be incongruous to the original use or
character of the heritage site. The historic farmhouse landscape features will be retained
and all areas disturbed by construction will be restored to pre-construction condition.
C.2. The distinguishing original qualities or character of a building, structure or
site and its environment shall not be destroyed. The removal of any historic material or
distinctive features should be avoided when possible.
No buildings or distinctive features will be destroyed by the utility work. Historic gardens
and trees have been identified and will be protected. All areas disturbed by construction
activity will be restored to pre-construction condition, including reseeding lawn areas and
restoration of the historic driveway surface. Means to protect significant trees in the
construction area will be taken to ensure no trees are lost.
C.3. All buildings, structures and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be avoided.
No alteration of an existing structure is planned. The Sewer and Water Extension Plan, as
submitted does not alter existing historical features, or recreate an earlier farmstead
feature or appearance.
C.4. Changes which have taken place in the course of time are evidence of the
history and development of a building, structure or site and its environment. These
changes may have acquired significance in their own right, and this significance shall be
recognized and respected.
Not applicable.
C.5. Distinctive stylistic features or examples of skilled craftsmanship which
characterizes a building, structure, or site shall be treated with sensitivity.
2
Not applicable.
C.6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material should match
the material being replaced in composition, design, color, texture, and other visual
qualities. Repair or replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different architectural
elements from other buildings or structures.
Not applicable.
C.7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage historic building
materials shall not be undertaken.
Not applicable.
C.8. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any acquisition, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
No archaeological resources are known to exist in the area that will be impacted by the
utility work. The work will be monitored during the trenching phase for possible
archaeological content.
C.9. The Commission and the Council shall also consider, when appropriate, the
Secretary of The Interior's Specific Standards for Preservation Projects.
3
The Secretary of The Interior's Standards for The Treatment of Historic Properties and
Guidelines for The Treatment of Cultural Landscapes were considered in the review of
this application.
Recommendation
Approve the John R. Cummins Homestead Sewer and Water Extension Plan, dated August 13,
2010, as submitted by the Eden Prairie Historical Society, and recommend the City Council
approve COA 2010-03-004.
4
UNAPPROVED MINUTES
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION
MONDAY,AUGUST 16, 2010 7:00 P.M. CITY CENTER
PRAIRIE ROOMS A&B
COMMISSION MEMBERS Ann Higgins, Chairperson; Kathy Veurink,
Vice Chairperson; Matthew Fyten,Jeffrey
Lawler,Nina Mackay, Mark McPherson, Ed
Muehlberg
COMMISSION STAFF John Gertz, Pathfinder CRM, LLC
Sandy Eastling, Recorder
I. ROLL CALL
Higgins called the meeting to order at 7:02 p.m. Commissioners Veurink, Fyten and
Mackay excused.
II. APPROVAL OF AGENDA
Higgins noted a correction to the Agenda—New Business: John R. Cummins
Homestead Sewer and Water Extension—add"COA-2010-03-004"
MOTION: McPherson moved, seconded by Lawler to approve the agenda as corrected.
Motion Carried 4-0.
III. APPROVAL OF MINUTES
A. COMMISSION MEETING HELD ON JULY 19, 2010
MOTION: Muehlberg moved, seconded by Lawler to approve the minutes of the
Heritage Preservation Commission meeting held on July 19, 2010 with the
following corrections: Page 2, Item IV. B. —delete the word"with" in the last
sentence; Page 3, Item V. B—correct Commissioner"Muehlberg"to read
"McPherson" in the second sentence, second-to-last paragraph; correct
Commissioner"Muehlberg"to read"McPherson" in the last sentence, second-to-
last-paragraph. Motion carried 4-0.
IV. REPORTS OF COMMISSION AND STAFF
Gertz indicated nothing to report.
V. OLD BUSINESS
HERITAGE PRESERVATION COMMISSION MINUTES
August 16, 2010
Page 2
A. UPDATE ON THE JOHN R. CUMMINS HOMESTEAD LANDSCAPE
RESTORATION
Gertz stated he is meeting Thursday, August 19 at 9:00 a.m. with Paul Sticha to
go over repair orders at the Cummins Homestead. Then they're going to the
Smith-More House (Dunn Bros.) to review repair orders with the intent to
proceed with repairs.
B. UPDATE ON THE RILEY-JACQUES FARMSTEAD PARKING SPACE
AND DRIVEWAY ALTERATIONS
Gertz viewed the work at the farmstead; it is completed and looks good. The
seeded-in grass is "taking"nicely. The new work blends in well with what was
already in place.
VI. NEW BUSINESS
A. JOHN R. CUMMINS HOMESTEAD SEWER AND WATER EXTENSION
—COA-2010-03-004
Referring to the Sewer and Water Extension Plan dated August 13, 2010 prepared
for the Eden Prairie Historical Society, Gertz stated that, in order to provide for
safe trenching, could end up with a 26-foot-wide trench. This is due to the depth
of trench needed. This could impact historic trees in the area. The City would
need assurances from contractors on which trenching methods would be used to
protect the trees. The EPHS needs to make sure the contractor is cognizant of the
need to minimize trenching impact on nearby trees. There are trenching methods
that could protect the trees, but it's critical the EPHS receives this information and
relays it to the contractor.
Item C.2 of the Findings of Fact is relevant to this issue. The EPHS will have to
work with the City to arrange onsite inspection. The City Engineering and Public
Works Departments will be involved. Contractors will have to provide a plan to
protect the significant wooded areas.
Gertz indicated the HPC can apply a condition or request the City Council apply a
condition that the utility contractor provides a plan to protect the significant
wooded areas.
Gertz will contact the EPHS members regarding the importance of ensuring the
contractor has the information regarding the historic trees. The City Public
Works and Engineering Departments are already aware of the situation.
Gertz stated other than the trees there is minimal impact on the property.
MOTION: Muehlberg moved, seconded by Lawler that the Heritage
Preservation Commission adopt the Findings of Fact for the John R. Cummins
HERITAGE PRESERVATION COMMISSION MINUTES
August 16, 2010
Page 3
Homestead Sewer and Water Service Extension Plan dated August 13, 2010 as
prepared for the Eden Prairie Historical Society(EPHS) and recommend City
Council approval of COA-2010-03-004 with the following condition: the EPHS
is to provide plans to protect significant trees in the alignment of utility
installation for City Staff approval. Motion carried 4-0.
Gertz stated the COA recommendation will go before the City Council at its
September 7th meeting.
General discussion regarding Cummins-Grill plumbing connection from utility to
toilet room: Commissioner McPherson presented a plan for the toilet room. It is
currently not ADA accessible. The room size is adequate. Only fixture
reconfiguration is needed to render the room ADA compatible. A larger access
door is needed as well as grab bars, a new water closet, new lavatory and mirror.
The flooring will be one-inch ceramic tile to fit the character of the house, with
3x6 inch subway tile, chair rail and painted wall above the chair rail.
Gertz stated the toilet room plan does not need to be submitted to SHPO,but may
want to submit for their opinion regarding an access path within the house and
whether action needs to be taken.
B. HPC COMMISSIONER'S INFORMATION PACKET DISCUSSION
Gertz showed the commissioners a manual that has been given in the past to each
commission member when they came on the HPC board. When a commissioner
left the board, they'd turn the manual in to the City. Over time, the manuals went
into disuse and may be worth revisiting. Soliciting feedback from the
Commissioners, Gertz gave an overview of the manual contents and purpose.
Lawler suggested the manual would lend itself to a web application.
Commissioners could view the manual online and, if they chose, could print out
whatever sections they wanted in print on their own.
Higgins suggested the HPC contact list include the terms of office for each
commissioner. She further requested commissioners email any other suggestions
to her for forwarding to John Gertz.
C. UPDATE ON THE HPC/CITY WEBSITE
General Discussion of Commissioners: The Cities of Stillwater and Duluth have
good historic websites. Boston has a good site but perhaps not as comparable to
the City of Eden Prairie. The city websites around the State of Minnesota are
pretty standard and generic.
Lawler did an informal survey of his neighbors regarding what they'd like to see;
bottom line: simple is better. Perhaps have a simple page with links to further
information.
HERITAGE PRESERVATION COMMISSION MINUTES
August 16, 2010
Page 4
Idea: have a map of the city,use as a portal to a particular location.
McPherson said the page could start simple; more information could always be
added later if warranted.
Lawler suggested adding a timeline for historic sites, including significant
information.
Gertz suggested including site interpretation panels on the City map portal.
Conclusion: Gertz will set up a meeting of a City Communications Department
representative, Lawler if available and Gertz.
D. HPC/COA REVIEW PROCESS DISCUSSION
Gertz presenting: City Ordinance refers to"Findings of Fact"which helps the
City Council in reviewing a project in conjunction with criteria(City Code and
Department of Interior standards).
The City hasn't utilized Findings of Fact in relation to projects involving the HPC
in the past, but is implementing the process now in order to be in alignment with
common practice for cities.
The HPC will be presented with a suggested/recommended Findings of Fact
developed by City Staff for review. After review, the HPC can 1) agree with the
Findings of Fact in whole, 2) change the Findings of Fact, or 3) agree with the
Findings of Fact, adding conditions. The HPC then issues the Findings of Fact.
For the Cummins Grill Landscape Restoration Plan, a Findings of Fact wasn't
developed for the HPC to review,but one was generated for the City Council.
HPC members will normally receive the Suggested/Recommended Findings of
Fact in advance of the Heritage Preservation Commission meeting.
The purpose of a Findings of Fact is to put information into a useable format for
the HPC to review and forward to the City Council. The City Attorney wants this
formalized format to document the process of a Certificate of Appropriateness.
This is what most municipalities do for major(vs. minor)projects.
E. 30th ANNUAL STATEWIDE PRESERVATION CONFERENCE
The annual Statewide Preservation Conference will be held September 16-17,
2010 in Winona Minnesota at the Winona County Historical Society. Gertz said
if any HPC members want to go to the conference, grant funds are available for
registration and lodging through the Minnesota Historical Society. If interested,
let Scott Kipp know. Someone from the HPC or City Staff must attend to fulfill
HERITAGE PRESERVATION COMMISSION MINUTES
August 16, 2010
Page 5
CLG status requirement. Grant application deadline: September 10, 2010; two-
day attendance required to obtain a grant.
Higgins will email HPC members regarding attending the conference.
VII. ADJOURNMENT
MOTION: Lawler moved, seconded by Muehlberg to adjourn the meeting. Motion
carried 4-0. Higgins adjourned the meeting at 9:15 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims September 7, 2010
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 200491 - 201139
Wire Transfers 3925 - 3946
3925 —3935 July Purchasing Card Payment
City of Eden Prairie
Council Check Summary
9/7/2010
Division Amount Division Amount
General 77,545 316 WAFTA 1,090
100 City Manager 130 803 Escrow Fund 36,858
101 Legislative 108 804 100 Year History 1
102 Legal Counsel 36,748 806 SAC Agency Fund 14,700
110 City Clerk 1,149 809 Investment Fund 983
111 Customer Service 7,941 Total Agency Funds 53,632
112 Human Resources 453
113 Communications 9,177 807 Benefits Fund 577,554
114 Benefits&Training 10,581 810 Workers Comp Insurance 112,673
130 Assessing 378 811 Property Insurance 157,424
131 Finance 225 812 Fleet Internal Service 62,642
132 Housing and Community Services 6,402 813 IT Internal Service 22,505
136 Public Safety Communications 6,139 814 Facilities Capital ISF 25,103
137 Economic Development 455 815 Facilites Operating ISF 32,476
138 Community Development Admin. 232 816 Facilites City Center ISF 111,958
150 Park Administration 780 817 Facilites Comm.Center ISF 54,164
151 Park Maintenance 33,582 Total Internal Service Funds 1,156,498
152 Parks Capital Outlay 5,996
153 Organized Athletics 9,935 Report Totals 3,537,804
154 Community Center 13,909
155 Beaches 154
156 Youth Programs 17,159
157 Special Events 10,195
158 Adult Recreation 3,416
159 Recreation Administration 254
160 Therapeutic Recreation 368
161 Oak Point Pool 347
162 Arts 4,853
163 Outdoor Center 18,311
167 CC-Youth Programs 218
168 Arts Center 7,543
180 Police 22,398
183 Emergency Preparedness 589
184 Fire 8,954
200 Engineering 513
201 Street Maintenance 478,121
202 Street Lighting 68,161
Total General Funds 863,420
301 CDBG 21,954
303 Cemetary Operation 846
304 Senior Board 209
308 E-911 248
309 DWI Forfeiture 5,745
Total Special Revenue Funds 29,001
315 Economic Development 197
502 Park Development 2,721
503 Utility Improvement 78,993
509 CIP Fund 2,540
512 CIP Trails 1,206
521 Trails Referendum 42,193
522 Improvement Projects 2006 327,002
Total Capital Project Funds 454,851
601 Prairie Village Liquor 197,348
602 Den Road Liquor 271,674
603 Prairie View Liquor 191,179
605 Den Road Building 3,140
701 Water Fund 221,111
702 Sewer Fund 9,093
703 Storm Drainage Fund 86,856
Total Enterprise Funds 980,402
City of Eden Prairie
Council Check Register
9/7/2010
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200696 450,128 ALLIED BLACKTOP CO Seal Coating Street Maintenance Seal Coating
201054 340,712 NORTHWEST ASPHALT Improvement Contracts Trails Referendum Flying Cloud;Singletree Ln
201020 270,097 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance Premium
200997 249,223 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums
3943 199,270 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes
3941 124,332 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax
200890 121,369 XCEL ENERGY Electric City Hall-CAM Monthly Utilities
3946 119,473 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
200676 87,345 XCEL ENERGY Electric City Hall-CAM
201026 58,452 MACHTEMES CONSTRUCTION INC Improvement Contracts Storm Drainage
200771 50,335 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
201014 33,876 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
200582 30,007 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
201129 28,338 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
201096 28,103 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells
201092 28,000 SL-SERCO Other Contracted Services Infiltration/Inflow Study
200500 27,500 ADAMS&CESARIO PA Deposits Escrow
201042 25,040 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
201130 24,236 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store
3935 23,798 US BANK
201095 23,483 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006
200885 23,107 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
200508 22,800 ATOMIC ARCHITECTURAL SHEET MET Other Contracted Services Utility Improvement Fund
200965 22,345 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM
200990 21,153 GREGERSON ROSOW JOHNSON&NILA Legal Utility Operations-General
3945 21,048 ING Deferred Compensation General Fund
201110 20,939 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
200921 20,562 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
200796 19,235 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM
200950 19,050 CITY HILL FELLOWSHIP Other Contracted Services Rehab
200730 18,746 ENVIRONMENTAL PROCESS INC Design&Engineering Utility Improvement Fund
201079 18,646 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
200677 18,462 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
200670 18,020 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
200855 17,860 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store
201085 17,413 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
200628 17,239 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
200900 16,837 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital
200886 16,710 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie Village Liquor Store
200766 16,671 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
200822 15,783 QUALITY WINE&SPIRITS CO Misc Non-Taxable Prairie View Liquor Store
200989 15,430 GRAYMONT Treatment Chemicals Water Treatment Plant
3944 15,410 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
201070 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
201048 14,567 NEW WORLD SYSTEMS Other Assets CIP-Bonds
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200598 14,553 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
201009 14,019 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store
200578 13,783 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store
200937 13,119 BONNER&BORHART LLP Legal Legal Criminal Prosecution
200652 13,032 THORPE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store
201072 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
200560 12,378 GRAYMONT Treatment Chemicals Water Treatment Plant
200749 12,359 GRAYMONT Treatment Chemicals Water Treatment Plant
201065 11,974 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
200540 11,259 DAY DISTRIBUTING Beer Den Road Liquor Store
200784 11,091 MCQUAY INTERNATIONAL Building Facilities Capital
200621 10,977 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
200671 10,887 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
200812 9,860 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
200589 9,215 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
200961 8,495 DAY DISTRIBUTING Beer Prairie View Liquor Store
201123 8,314 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
200954 8,267 COMPAR INC Software and Hardware IT Operating
200706 8,019 BIFFS INC Waste Disposal Park Maintenance
200573 7,528 ICERINK SUPPLY CO Repair&Maint-Ice Rink Ice Arena Maintenance
200996 7,508 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services
200599 7,425 MIDWEST ASPHALT CORPORATION Seal Coating Street Maintenance
200893 7,370 ZIEGLER INC Other Rentals July 4th Celebration
201028 7,252 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
200931 7,107 BELLBOY CORPORATION Transportation Prairie View Liquor Store
200723 6,801 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store
201084 6,725 RELIAKOR SERVICES INC Seal Coating Street Maintenance
200595 6,596 MCF-LINO LAKES Other Contracted Services Utility Operations-General
200691 6,512 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
201087 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
200642 5,996 ST CROIX RECREATION CO INC Capital Under$10,000 Capital Outlay Parks
201135 5,836 XCEL ENERGY Electric Traffic Signals
200587 5,662 KUSTOM SIGNALS INC Capital Under$10,000 DWI Forfeiture
200672 5,443 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage
200619 5,298 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
200877 5,276 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance
200583 5,270 KAISER MANUFACTURING INC Capital Under$10,000 Gymnasium(CC)
200566 5,202 HENNEPIN COUNTY TREASURER Board of Prisoner Police
200844 5,075 STREICHERS Protective Clothing Police
200705 5,065 BELLBOY CORPORATION Transportation Prairie View Liquor Store
200854 4,917 THOMSEN&NYBECK P A Legal Legal Council
200959 4,658 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
200499 4,484 ACTION FLEET INC Equipment Repair&Maint Fleet Operating
200883 4,469 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
200809 4,426 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
200794 4,396 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance
200512 4,341 BELLBOY CORPORATION Transportation Den Road Liquor Store
201046 4,158 MUNICIPAL WATER SOLUTIONS LLC Treatment Chemicals Water Treatment Plant
200611 4,046 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200780 3,998 LEBBEN,KRISTEN Deposits Escrow
201035 3,970 MINGER CONSTRUCTION INC Improvement Contracts Storm Drainage
201033 3,927 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
200752 3,924 HAWKINS INC Treatment Chemicals Water Treatment Plant
200813 3,923 POMP'S TIRE SERVICE INC Tires Fleet Operating
200542 3,822 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
200527 3,773 CENTURYLINK Telephone IT Telephone
200495 3,753 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
201127 3,720 WINE MERCHANTS INC Transportation Prairie View Liquor Store
200774 3,694 KELLY GREEN IRRIGATION Improvements to Land Trails Referendum
200507 3,630 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
200548 3,491 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
201062 3,461 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
200528 3,455 CERIDIAN Ceridian IT Operating
200668 3,268 WINE MERCHANTS INC Transportation Den Road Liquor Store
201120 3,257 VINOCOPIA Transportation Prairie View Liquor Store
200851 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
201049 3,222 NILSSON,BETH Instructor Service Ice Show
200562 3,053 GW LAND DEVELOPMENT OF MINNESO Deposits Escrow
201067 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service
201093 2,990 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
200963 2,962 DELL Other Hardware IT Operating
201002 2,951 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant
200762 2,939 IND SCHOOL DIST 272 Operating Supplies Police
200748 2,928 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
200716 2,854 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage
200493 2,772 3RD LAIR Instructor Service Camps
200968 2,730 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
200933 2,699 BERNICK'S WINE Wine Domestic Prairie View Liquor Store
200868 2,657 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs
200865 2,654 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications
200596 2,642 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
200791 2,597 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
201138 2,575 SEDGWICK HEATING Other Contracted Services Rehab
201101 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service
200667 2,468 WINE COMPANY,THE Transportation Den Road Liquor Store
200689 2,400 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
200840 2,400 SPORTS UNLIMITED Instructor Service Camps
200534 2,385 COURT SURFACES&REPAIR Seal Coating Round Lake
200501 2,364 AMERICAN ENGINEERING TESTING I Improvement Contracts Improvement Projects 2006
200524 2,349 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage
200521 2,347 BUCK,NATHAN Other Contracted Services Softball
200758 2,300 HOHENSTEINS INC Beer Prairie View Liquor Store
200588 2,292 LIBERTY PORPERTY TRUST AR Utility Water Enterprise Fund
200786 2,292 METRO SALES INCORPORATED* Other Rentals General Facilities
200970 2,250 EMERSON NETWORK POWER Software and Hardware IT Operating
200659 2,214 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities
200828 2,205 ROBICHONS THE IN-LINE SKATE SC Instructor Service Camps
201037 2,172 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Public Works/Parks
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200797 2,129 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting
200711 2,106 BRAMBILLAS INC Operating Supplies Police
201073 2,094 PRECISION FINISHING Signs Traffic Signs
201052 2,048 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
200808 2,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
200505 2,008 APRES Other Rentals July 4th Celebration
200494 1,975 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
200674 1,960 WORLD CLASS WINES INC Transportation Den Road Liquor Store
200789 1,928 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
200708 1,900 BOLD,PAULINE Instructor Service Outdoor Center
200533 1,892 COSTCO Merchandise for Resale Concessions
201017 1,855 KOCHER,SUSAN Instructor Service Outdoor Center
200622 1,840 POMP'S TIRE SERVICE INC Tires Fleet Operating
201005 1,827 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
200610 1,826 NEW WORLD SYSTEMS Other Assets CIP-Bonds
200687 1,800 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
200803 1,794 NEW WORLD SYSTEMS Other Assets CIP-Bonds
200555 1,788 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
200887 1,785 WORK CONNECTION,THE Other Contracted Services Park Maintenance
200683 1,775 US POSTMASTER Postage Water Accounting
200896 1,749 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
200785 1,736 MEDICINE LAKE TOURS Special Event Fees Trips
201036 1,725 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire
201045 1,719 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
201107 1,681 SURLY BREWING CO Beer Prairie Village Liquor Store
201119 1,661 VERIZON WIRELESS Wireless Subscription IT Operating
200829 1,650 RUBBER SOUL ENTERTAINMENT Other Contracted Services Staring Lake Concert
200579 1,643 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Utility Operations-General
200657 1,607 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Wells
200709 1,559 BOURGET IMPORTS Transportation Prairie Village Liquor Store
200882 1,532 WINE COMPANY,THE Transportation Prairie View Liquor Store
200557 1,525 GRAINGER Equipment Parts Water Treatment Plant
200688 1,500 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
200563 1,446 HAGGENMILLER LUMBER INC Building Materials Park Acquisition&Development
200569 1,388 HEUN ENTERPRISES,INC Liquor Den Road Liquor Store
200673 1,373 WORK CONNECTION,THE Other Contracted Services Park Maintenance
200731 1,370 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study
201117 1,349 VAN PAPER COMPANY Cleaning Supplies Police City Center
200559 1,348 GRAPE BEGINNINGS Transportation Den Road Liquor Store
200724 1,338 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs
200957 1,319 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance
200601 1,318 MINNESOTA CLAY CO.USA Capital Under$10,000 Arts Center
201131 1,312 WM MUELLER AND SONS INC Gravel Water System Maintenance
200974 1,303 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage
200514 1,279 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
200737 1,277 FLORIDA MICRO LLC Other Assets CIP-Bonds
200663 1,243 W P&R S MARS CO Office Supplies Utility Operations-General
201016 1,234 KEEPERS Clothing&Uniforms Fire
200516 1,224 BOLD,PAULINE Instructor Service Outdoor Center
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200936 1,220 BOLD,PAULINE Instructor Service Outdoor Center
200727 1,216 EGAN OIL COMPANY Lubricants&Additives Fleet Operating
201060 1,201 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery
200754 1,200 HD SUPPLY WATERWORKS LTD Merchandise for Resale Water Metering
200650 1,188 SURLY BREWING CO Beer Den Road Liquor Store
200985 1,183 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
200946 1,156 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
200572 1,125 HIRSHFIELDS PAINT MANUFACTURIN Office Supplies Park Maintenance
200981 1,090 GARRY'S LAWN CARE Other Contracted Services WAFTA
200498 1,071 ABM EQUIPMENT AND SUPPLY COMPA Small Tools Sewer System Maintenance
201051 1,069 NORTHERN AIR CORPORATION Supplies-HVAC Fire Station#1
200864 1,058 US BANK Interest Investment Fund
201015 1,002 KAHNKE BROS.INC Improvements to Land Trails Referendum
200881 1,001 WHEELER LUMBER LLC Landscape Materials/Supp Park Maintenance
200971 1,000 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services
200575 992 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
200614 986 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
200988 983 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
200577 972 JERDE,DEREK D Other Contracted Services Volleyball
201132 964 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
200792 962 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#3
200515 949 BOB GILBERTSON Fire Prevention Supplies Fire
200980 945 FOWLER,JULIE VERMEER Instructor Service Arts Center
200733 944 FAGNANT,SUSAN Instructor Service Outdoor Center
200776 920 KOCHER,SUSAN Instructor Service Outdoor Center
201126 911 WINE COMPANY,THE Transportation Prairie View Liquor Store
200972 907 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund
201034 907 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store
201103 906 STREICHERS Equipment Parts Fleet Operating
200836 888 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals
200715 879 CDW GOVERNMENT INC. Equipment Repair&Maint IT Operating
201019 871 KUSTOM SIGNALS INC Equipment Repair&Maint Police
200536 863 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
200744 856 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
200666 850 WICKENHAUSER EXCAVATING INC Equipment Repair&Maint Water System Maintenance
200992 849 GUNNAR ELECTRIC CO INC Other Contracted Services Pleasant Hill Cemetery
200739 847 FORMS&SYSTEMS OF MINNESOTA Office Supplies Police
200654 844 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store
200984 831 GODWIN,MARIE B Other Contracted Services Volleyball
200694 813 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant
201139 805 XCEL ENERGY Electric Arts Center
200841 803 STAPLES ADVANTAGE Office Supplies Customer Service
200609 800 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
3940 796 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
200600 793 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
200870 785 VISTAR CORPORATION Merchandise for Resale Concessions
200790 782 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
200994 781 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development
200594 780 MAPFORMATION LLC Other Contracted Services Parks Administration
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200612 778 NORTHERN AIR CORPORATION Contract Svcs-HVAC Dunn Brothers
200939 770 BROCK WHITE COMPANY LLC Landscape Materials/Supp Richard T.Anderson Cons.Area
200793 760 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
200916 759 PETTY CASH
200719 746 CLAREYS INC Safety Supplies Fleet Operating
200764 744 JACO,LLC Misc Taxable Prairie Village Liquor Store
200993 729 HACH COMPANY Process Control Equipment Water Treatment Plant
200661 719 VINOCOPIA Transportation Den Road Liquor Store
201047 712 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
200938 701 BOURGET IMPORTS Transportation Prairie View Liquor Store
200565 700 HAYO,SHAI Other Contracted Services International Festival
200618 700 PAUL,CYRIL Other Contracted Services International Festival
200686 691 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police
200906 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance
200861 685 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
201097 683 STAPLES ADVANTAGE Office Supplies Customer Service
200944 680 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Water System Maintenance
201000 679 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
200647 675 STRAIGHT-UP INC Clothing&Uniforms Tennis
200718 665 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store
200639 658 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
200653 655 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM
201010 652 JM OIL CO Repair&Maint.Supplies Water Treatment Plant
200538 640 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance
3942 630 CERIDIAN Garnishment Withheld General Fund
201082 624 RAY,LEE Other Contracted Services Softball
200550 620 FIELDSTONE VINEYARDS Transportation Prairie Village Liquor Store
200940 615 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance
200564 611 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage
200593 609 MAHIN WALZ INC Contract Svcs-Gen.Bldg City Center Operations
200871 609 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire
200914 607 HOME DEPOT CREDIT SERVICES Supplies-Electrical Public Works/Parks
200850 606 TAYLOR,EMILY Instructor Service Arts Center
200814 602 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
201109 594 TEMP,ALYSON Other Contracted Services Volleyball
201004 564 INFRATECH Repair&Maint.Supplies Storm Drainage
200805 564 NORTH STAR PUMP SERVICE Contract Svcs-HVAC City Hall-CAM
201027 564 MCGINTY-VANSICKLE,PATTI Tuition Reimbursement/School Organizational Services
200767 553 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
201099 551 STERICYCLE INC Operating Supplies Police
201113 548 TM COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
200834 543 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
200651 543 THE OASIS GROUP Employee Assistance Organizational Services
200964 542 DISPLAY SALES Supplies-Fire/Life/Safety Fire Station#1
200986 540 GOVDELIVERY Software Maintenance IT Operating
200541 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service
201075 524 PROP United Way Withheld General Fund
200848 521 SUPERCO SPECIALTY PRODUCTS Equipment Parts Fleet Operating
200849 512 SURLY BREWING CO Beer Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200503 507 AMERITRAK Other Contracted Services Snow&Ice Control
201090 505 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
200625 502 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
200913 500 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow
201043 497 MOORE WALLACE-AN RR DONNELLE Office Supplies Tree Removal
200951 496 CLAREYS INC Safety Supplies Fleet Operating
200634 495 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM
200532 492 CONTROL STUFF INC. Equipment Repair&Maint Water Treatment Plant
200888 487 WORLD CLASS WINES INC Transportation Den Road Liquor Store
200520 486 BROWN,PAUL Other Contracted Services Volleyball
200987 483 GRAINGER Supplies-Electrical City Hall-CAM
200491 480 10,000 WAKES Instructor Service Camps
200874 480 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
201025 478 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
201071 477 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
200922 469 ADVANCED ENGINEERING&ENVIRON Process Control Services Process Control
200645 450 STAR Conference Expense General Community Center
200960 449 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails
200720 443 COURT SURFACES&REPAIR Deposits Escrow
200982 440 GE CAPITAL Other Rentals Customer Service
200662 437 VOIGHT,JEFF Other Contracted Services Softball
200873 434 WALESCH ENTERPRISES Deposits Escrow
201122 430 WEIDENFELLER,GIN Instructor Service Arts Center
200949 428 CHEMSEARCH Supplies-HVAC City Hall-CAM
200842 427 STATE SUPPLY COMPANY Supplies-Electrical City Hall-CAM
200617 420 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications
200999 420 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
200783 420 MAX TOOL Operating Supplies Fire
200613 417 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
200561 414 GREATAMERICA LEASING CORP. Postage Customer Service
200869 413 VINTAGE ONE WINES INC Transportation Prairie View Liquor Store
200698 412 ANCHOR PRINTING COMPANY Printing Police
201024 407 LORENZ,JOYCE Dues&Subscriptions Communications
201021 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
200519 400 BRAUN INTERTEC CORPORATION Improvement Contracts Trails Referendum
200633 390 RAY,LEE Other Contracted Services Softball
200825 390 RAY,LEE Other Contracted Services Softball
200983 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
200858 389 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM
200979 387 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
201086 386 RICHFIELD,CITY OF Machinery&Equipment Public Works
200746 385 GRAINGER Supplies-Fire/Life/Safety City Hall-CAM
200535 385 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint. Supplies Infiltration/Inflow Study
200880 366 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating
200725 362 EDEN PRAIRIE HIGH SCHOOL Other Rentals Communications
200722 359 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance
201069 358 PRAIRIE OFFSET PRINTING Printing Assessing
200892 358 Z WINES USA LLC Transportation Prairie View Liquor Store
200751 356 HAGGENMILLER LUMBER INC Building Materials Park Acquisition&Development
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200655 354 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store
200638 350 SCHULTZ,LISA Other Contracted Services Riley-Jacques Barn
200778 350 KUSTOM SIGNALS INC Equipment Repair&Maint Police
201018 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM
200782 347 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
201059 344 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance
200693 343 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control
200592 343 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
200823 342 QUICKTURN DUPLICATION LLC Video&Photo Supplies Safety Camp
200518 341 BOYER TRUCKS Equipment Parts Fleet Operating
200590 335 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM
200818 332 PUCHALSKI,MARY Instructor Service Arts Center
200660 332 VESSCO INC Equipment Parts Water Treatment Plant
200717 328 CENTERPOINT ENERGY Equipment Repair&Maint Water System Maintenance
201098 325 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services
200603 324 MINNESOTA VALLEY ELECTRIC COOP Other Contracted Services Park Maintenance
200630 319 QWEST Telephone Water Distribution
200928 317 BEAL,KATIE Pager&Cell Phone Communications
200977 316 FASTENAL COMPANY Equipment Parts Water System Maintenance
200623 316 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#1
200755 313 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
200824 313 RAY JORDAN&SONS Deposits Escrow
200664 303 WEDDING DAY DIAMONDS Improvements to Land Trails Referendum
200649 300 SUN NEWSPAPERS Employment Advertising Organizational Services
200510 300 BANK BEER CO Beer Den Road Liquor Store
200513 300 BERRY,TIMOTHY Other Contracted Services International Festival
200632 300 RAGAMALA DANCE COMPANY Other Contracted Services International Festival
200912 300 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
200761 299 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance
200721 299 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program
201001 299 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General
201076 297 PROSOURCE SUPPLY Cleaning Supplies Community Center Maintenance
200807 291 PAPCO INC Contract Svcs-General Bldg Community Center Maintenance
200773 290 KEEPERS Clothing&Uniforms Police
200967 290 DNR Awards Volleyball
200658 285 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
200995 284 HD SUPPLY WATERWORKS LTD Equipment Parts Water Metering
200760 283 I-STATE TRUCK CENTER Equipment Repair&Maint Fleet Operating
201105 283 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating
200604 276 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
200756 276 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
200853 276 TEMP,JEFFERY L Other Contracted Services Volleyball
200969 276 ELIASON,STEVE J Other Contracted Services Softball
200695 276 AL'S COFFEE Merchandise for Resale Concessions
200872 273 WADNAL,ERIC E Other Contracted Services Teen Work Program
201114 272 UNITED WAY United Way Withheld General Fund
200703 270 BARNES,BELINDA A. Other Contracted Services Volleyball
200867 262 VALSTAR PRINTER SOLUTIONS Equipment Repair&Maint IT Operating
200845 260 STUDLEY,ALEC Other Contracted Services Teen Work Program
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
201102 260 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant
200919 258 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
200607 257 NEHL,CHERI Other Contracted Services Storm Drainage
201121 253 WAHLEN,RICK Mileage&Parking Utility Operations-General
200530 253 CHRISTIANSEN,MIKE Other Contracted Services Softball
200759 253 HOLMES,TOM Other Contracted Services Softball
200697 253 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie Village Liquor Store
200680 253 MCQUAY INTERNATIONAL Signs Facilities Capital
200602 250 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring
200781 248 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store
201091 247 SJF MATERIAL HANDLING INC Operating Supplies Traffic Signs
200862 247 ULRICH,RYAN S Other Contracted Services Teen Work Program
201137 246 ZAHN,GERALD Other Contracted Services Volleyball
201116 244 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating
200901 242 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations
201111 237 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM
200750 235 GREAT AMERICAN BUSINESS PRODUC Office Supplies Community Center Admin
200765 234 JASKULKE,TARYN L Other Contracted Services Teen Work Program
200838 234 SKOBOV,NIKITA Other Contracted Services Teen Work Program
200839 234 SKONIECZNY,STEPHANIE Other Contracted Services Teen Work Program
200879 234 WEISSER,TANNER Other Contracted Services Teen Work Program
200544 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police
200726 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Community Development Admin.
200545 230 ELIASON,STEVE J Other Contracted Services Softball
200827 227 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating
200925 225 ARMA INTERNATIONAL Dues&Subscriptions City Clerk
201124 225 WIGLEY AND ASSOCIATES Software IT Operating
200558 224 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store
201022 223 LEXISNEXIS Other Contracted Services Police
200745 221 GODWIN,MARIE B Other Contracted Services Volleyball
200935 219 BERRY COFFEE COMPANY Operating Supplies Elections
200775 218 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama
200710 216 BOYER TRUCKS Equipment Parts Fleet Operating
200918 214 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance
201081 211 QWEST Telephone E-911 Program
200701 208 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program
200571 205 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General
200958 200 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating
200568 200 HERRIGES,GREG Other Contracted Services International Festival
200875 200 WAND CORPORATION Accounts Receivable Community Center Admin
200962 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating
200953 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
201104 195 STUDLEY,ALEC Other Contracted Services Teen Work Program
200574 192 1NFRATECH Repair&Maint.Supplies Water System Maintenance
201133 192 WORM,SANDY Improvement Contracts CIP Trails
200903 189 KESKEY,MICHAEL AR Utility Water Enterprise Fund
201106 188 SUPERCO SPECIALTY PRODUCTS Operating Supplies Park Maintenance
200665 185 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
200648 183 STREICHERS Clothing&Uniforms Police
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200713 182 BUILDERS SOLUTIONS INC Building Permits General Fund
200830 182 SAGI,VARUN R Other Contracted Services Teen Work Program
200826 182 RETROFIT RECYCLING INC Supplies-Electrical City Hall-CAM
200714 180 BUSCH,ANNAH Other Contracted Services Teen Work Program
200859 180 TOWNSEND,NATALIE ANNE Other Contracted Services Teen Work Program
201056 178 NUCO2 INC Supplies-Pool Pool Maintenance
200644 178 STAPLES ADVANTAGE Office Supplies Customer Service
200728 177 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
200742 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
200753 173 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg City Hall-CAM
200741 169 FREUDENBERG,JASON A Other Contracted Services Teen Work Program
200833 169 SHAH,VIJAY Other Contracted Services Teen Work Program
200777 167 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
200497 162 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
200799 162 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications
200917 160 A-SCAPE INC Other Contracted Services Economic Development Fund
201089 160 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Operating
201030 160 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
200947 155 CERIDIAN Ceridian IT Operating
200523 148 CDW GOVERNMENT INC. Other Hardware IT Operating
200736 148 FIRST STUDENT INC Transportation Teen Work Program
200492 144 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center
201041 144 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
200846 141 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
200976 140 FAGNANT,SUSAN Instructor Service Outdoor Center
201031 140 METRO SALES INCORPORATED* Equipment Repair&Maint Utility Operations-General
200923 140 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
200675 140 WYDRA,TEEGAN Mileage&Parking Tree Disease
200920 136 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
200692 134 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
200554 133 GARTON,ELISE M Mileage&Parking Tennis
200605 132 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
200732 131 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
200978 130 FASTSIGNS Operating Supplies Community Center Admin
200743 129 GERTENS Chemicals Park Maintenance
200929 129 BECKER,DAVE Operating Supplies Police
200847 128 SUMMIT PLACE SENIOR CAMPUS Special Event Fees Red Hat
201029 128 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage
200905 125 VOLAVKA,LYNDA Operating Supplies Girls on the Run
200735 124 FERRELLGAS Motor Fuels Fleet Operating
200831 121 SCHERER BROTHERS LUMBER CO Building Materials Park Acquisition&Development
200852 120 TEKIELA,STAN Operating Supplies Outdoor Center
201003 120 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant
200707 120 BLAUBACH,AMY Instructor Service Outdoor Center
200729 119 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating
200496 118 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Sewer System Maintenance
200763 116 INFRATECH Repair&Maint.Supplies Water System Maintenance
200795 115 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
201011 115 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200806 112 O'BRIEN LOREN D Other Contracted Services Teen Work Program
201068 110 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
200699 110 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications
200502 108 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
200606 108 MUSSELL,KATELIN Other Contracted Services Volleyball
3936 107 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits
201134 107 WYDRA,TEEGAN Mileage&Parking Tree Disease
200904 106 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance
200531 105 CONTECH CONSTRUCTION PRODUCTS Repair&Maint.Supplies Storm Drainage
200932 104 BERGMAN,SYDNEY Other Contracted Services Teen Work Program
200591 104 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease
200956 103 CONNEY SAFETY PRODUCTS Office Supplies Customer Service
200585 100 KOHL,BRADEN Protective Clothing Fire
200681 100 OLSON,MARGIE Other Contracted Services International Festival
200817 100 PROP Deposits Escrow
200991 100 GRIN,GENNADIY Refunds Storm Drainage
200860 100 TROPICANA CHILLED DSD Merchandise for Resale Concessions
200747 99 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store
200801 98 MULLETT,JACKSON Other Contracted Services Teen Work Program
200866 98 UTING,TRAVIS Other Contracted Services Teen Work Program
201112 98 TOWNSEND,NATALIE ANNE Other Contracted Services Teen Work Program
201066 95 POLLARD WATER Small Tools Water System Maintenance
200646 95 STEINER,SHARON Special Event Fees Classes/Programs/Events
201053 92 NORTHLAND CHEMICAL CORP Equipment Parts Fleet Operating
200973 92 ESBENSEN,GEORGE Operating Supplies Fire
200998 92 HEALY,STEPHEN Other Contracted Services Softball
201008 92 JENKINS,JOEL S Other Contracted Services Softball
200857 91 TONJES,ALEC Other Contracted Services Teen Work Program
200942 91 CALDERON,BRYAN M Other Contracted Services Teen Work Program
201088 91 SAGI,VARUN R Other Contracted Services Teen Work Program
200952 90 COMCAST Wireless Subscription IT Operating
200897 90 DIRECTV Cable TV Community Center Admin
200856 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building
200810 88 PETERBILT NORTH Equipment Parts Fleet Operating
200615 86 OLSEN COMPANIES Safety Supplies Sewer System Maintenance
200712 84 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program
200927 84 BALES,JACK Other Contracted Services Teen Work Program
200934 84 BERRETH,NATALIE E Other Contracted Services Teen Work Program
200941 84 CAIRNCROSS,JAMIE Other Contracted Services Teen Work Program
200948 84 CHARLEY,ANGELA Other Contracted Services Teen Work Program
201100 84 STEVENSON,ANDREW Other Contracted Services Teen Work Program
201136 84 YOUNG,KONRAD Other Contracted Services Teen Work Program
200819 82 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
200702 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
200899 82 ELFSTROM,DOUGLAS AR Utility Water Enterprise Fund
201006 80 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance
200616 79 OTTERNESS,RON Instructor Service Outdoor Center
201050 77 NITZSCHE,KELLY Other Contracted Services Teen Work Program
201007 76 JANEX INC Operating Supplies City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200504 75 APPLIANCE OUTLET CENTER Supplies-General Bldg Community Center Maintenance
201108 75 TEKIELA,STAN Operating Supplies Outdoor Center
201080 74 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections
200678 73 ZEE MEDICAL SERVICE Safety Supplies Outdoor Center
201057 73 OSI BATTERIES INC Equipment Parts Fleet Operating
200576 71 JANEX INC Janitor Service City Hall-CAM
200549 67 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
200975 67 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
200626 66 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
200553 64 FSH COMMUNICATIONS LLC Telephone Round Lake
201055 63 NORTON,NICHOLAS Other Contracted Services Teen Work Program
201058 63 OSOWSKI,ANDREW Other Contracted Services Teen Work Program
201083 62 REESE,PATRICK J Mileage&Parking Therapeutic Rec Administration
201094 61 SPRINT Telephone Engineering
200539 60 DAVIS,HEATHER Operating Supplies Playgrounds
200690 56 A TO Z RENTAL CENTER Equipment Repair&Maint Fire
200567 54 HENRY,PAUL Other Contracted Services Volleyball
200757 54 HENRY,PAUL Other Contracted Services Volleyball
201074 54 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance
200740 52 FRAKES,GINA Accounts Receivable Community Center Admin
200966 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
200522 50 CAWLEY COMPANY,THE Miscellaneous Administration
201032 50 METROPOLITAN FORD Equipment Parts Fleet Operating
200878 48 WAYTEK INC Equipment Parts Sewer System Maintenance
200551 48 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
3938 48 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits
200788 47 METROPOLITAN MECHANICAL CONTRA Cash Over/Short General Fund
200700 46 ANDREWS,TERRY S Other Contracted Services Touch Football
3939 45 VANCO SERVICES Miscellaneous Community Center Admin
200679 45 KRAV MAGA MINNEAPOLIS LLC Tuition Reimbursement/School Police
200804 45 NORCOSTCO Operating Supplies Theatre Initiative
200624 44 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating
200895 43 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons
200546 40 ELKHOURI,SALAH&SONIA Deposits Community Center Admin
200636 40 SANDEEN,REBEKA&JAYSON Deposits Community Center Admin
200637 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin
200835 40 SHEN,SUSANNA Accounts Receivable Community Center Admin
201040 39 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
200682 39 PRAIRIE LAWN AND GARDEN Equipment Parts Sewer System Maintenance
200787 37 METROPOLITAN FORD Equipment Parts Fleet Operating
200525 37 CENTERPOINT ENERGY Gas Economic Development Fund
201038 35 MINNESOTA DEPT OF HEALTH Licenses&Taxes Concessions
201125 35 WINDOW CONCEPTS OF MINNESOTA I Peddlers License General Fund
201115 34 UPS Postage Water Treatment Plant
200629 32 QUICKSILVER EXPRESS COURIER Postage Human Resources
200641 32 SHRED-IT Waste Disposal City Center Operations
200898 32 EDINA REALTY AR Utility Water Enterprise Fund
200945 31 CENTERPOINT ENERGY Gas Economic Development Fund
200798 30 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
200955 29 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance
201044 28 MOTION INDUSTRIES INC. Equipment Parts Water Treatment Plant
200802 27 MURAKAMI,SUSAN Accounts Receivable Community Center Admin
200816 27 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating
200832 27 SELINSKY,JAMES Accounts Receivable Community Center Admin
200876 24 WARSHAW,ERIN Accounts Receivable Community Center Admin
201063 23 PETERSON,JON M Other Contracted Services Softball
200800 23 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
200643 21 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating
200631 20 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance
200509 20 AXEL,RICHARD Deposits Community Center Admin
200511 20 BEANE,NELLA Deposits Community Center Admin
200517 20 BOLINSKE,KRISTIN Deposits Community Center Admin
200529 20 CHEN,MEIYUN Deposits Community Center Admin
200537 20 DAHLOF,ABBY Deposits Community Center Admin
200547 20 ELLINGSON,JUDY Deposits Community Center Admin
200552 20 FRAGALE,SHIRLEY Deposits Community Center Admin
200556 20 GOERGEN,MARIE Deposits Community Center Admin
200570 20 HIPPS,JOANNE Deposits Community Center Admin
200608 20 NELSON,STEVE Deposits Community Center Admin
200635 20 SABEAN,SAMUEL Deposits Community Center Admin
200656 20 TSVETKOV,PAVLINA Deposits Community Center Admin
200843 20 STERLING FENCE INC Operating Supplies Park Maintenance
200640 20 SHERWIN WILLIAMS Operating Supplies Traffic Signals
200586 19 KRAEMERS HARDWARE INC Supplies-HVAC Outdoor Center Facilities
200597 19 MERLINS ACE HARDWARE Operating Supplies Park Maintenance
201061 19 OWEN'S SERVICES CORP Cash Over/Short General Fund
200894 17 ZURN,REVONDA Accounts Receivable Community Center Admin
200506 17 ARNDT,DALE Small Tools Fleet Operating
200734 16 FASTENAL COMPANY Operating Supplies Traffic Signs
200902 16 INSTYLE Dues&Subscriptions Fitness Center
200943 15 CDW GOVERNMENT INC. Other Hardware IT Operating
200926 14 ARNDT,DALE Small Tools Fleet Operating
201118 14 VERABROOKS,ANNA Accounts Receivable Community Center Admin
200891 14 YEE,MARIAM Accounts Receivable Community Center Admin
200584 13 KEEPERS Clothing&Uniforms Fire
200863 13 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
201039 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
200779 8 LANDSCAPE STRUCTURES Repair&Maint.Supplies Park Maintenance
201023 8 LINDEN,ROSE Program Fee Classes/Programs/Events
200815 8 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating
200772 7 KADLEC,EVELYN Accounts Receivable Community Center Admin
200738 7 FORCE AMERICA Equipment Parts Fleet Operating
200924 7 ANGELL-AIRE Cash Over/Short General Fund
3,537,804 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
7/20/2010 Payment
Amount Explanation Vendor Account Description Business Unit
20 US-Repairs-Riley Lake MERLINS ACE HARDWARE Operating Supplies Park Maintenance
-5 US-Refund-Used by Mistake TARGET Deposits Escrow
5 US-To be Refunded TARGET Deposits Escrow
12 US-Coke&Napikins WALMART COMMUNITY Operating Supplies Senior Center Administration
1 US-Movie for Seniors REDBOX DVD Operating Supplies Classes/Programs/Events
319 US-Woodchuck Dinner ANNIE'S CAFE Special Event Fees Classes/Programs/Events
43 US-Garden Party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board
120 US-Garden Party CULVER'S Special Event Fees Senior Board
43 US-Garden Party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board
140 US-Playhouse Tickets PLYMOUTH PLAYHOUSE Special Event Fees Trips
94 US-Coffee Server NEXT DAY GOURMET Operating Supplies Senior Center Administration
23 US-Late Fee for Rentals REDBOX DVD Operating Supplies Classes/Programs/Events
40 US-Arboretum Tickets UNIVERSITY OF MINNESOTA Special Event Fees Red Hat
-10 US-Credit REDBOX DVD Operating Supplies Classes/Programs/Events
68 US-Playhouse Dinner GREEN MILL Special Event Fees Trips
4 US-Bread Tote Boxes CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Administration
62 US-Circuit Breaker HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
32 US-Respirator-Staring Lake HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
25 US-Batteries HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
30 US-Belts/Screw Drivers HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease
134 US-Interviewing Recruits PANERA BREAD Operating Supplies Fire
46 US-Interviewing Recruits NOODLES&CO Operating Supplies Fire
22 US-Fuel-Wadena Deploymt PINEVIEW CONVENIENT Operating Supplies Fire
88 US-Vehicle Battery WALMART COMMUNITY Capital Under$10,000 DWI Forfeiture
21 US-Covert Camera Supplies WALMART COMMUNITY Miscellaneous IT Operating
30 US-Covert Camera Supplies RADIOSHACK Miscellaneous IT Operating
6 US-Covert Camera Supplies HOME DEPOT CREDIT SERVICES Miscellaneous IT Operating
-5 US-Credit Refund WALMART COMMUNITY Capital Under$10,000 DWI Forfeiture
-21 US-Camera Suppl Refund WALMART COMMUNITY Miscellaneous IT Operating
18 US-Covert Camera Supplies WALMART COMMUNITY Miscellaneous IT Operating
13 US-Covert Camera Supplies HOME DEPOT CREDIT SERVICES Miscellaneous IT Operating
105 US-Grate/Pump-Fly.Cloud HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
27 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
76 US-Miller Irrig/F.C.Suuplies MENARDS Repair&Maint.Supplies Park Maintenance
10 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
960 US-NFPA Code Access Fee NFPA Dues&Subscriptions Fire
113 US-Latches BILCO COMPANY,THE Equipment Parts Water Treatment Plant
32 US-Broom&Poison Pellets HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
152 US-Repair Parts-Truck 188 M C PRODUCTS Equipment Parts Fleet Operating
223 US-Repair Parts-Truck 188 BRAAS CO Equipment Parts Fleet Operating
24 US-Recyling/TrashCan Lids PLASTICS INTERNATIONAL Operating Supplies Park Maintenance
391 US-IPMA Conf.Hotel-K.Kurt MARRIOTT HOTELS Conference Expense Human Resources
16 US-Project Folders OFFICE DEPOT CREDIT PLAN Training Supplies Organizational Services
199 US-Leadership IQ-K.Kurt ACTIVE NETWORK INC,THE Training Supplies Organizational Services
149 US-Lunch-Vendor Demonst CRUMB GOURMET DELI Operating Supplies CIP-Bonds
Amount Explanation Vendor Account Description Business Unit
6,225 US-May'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
652 US-May'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
272 US-May'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-143 US-May'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund
146 US-Lunch-Vendor Demonst D BRIAN'S DELI&CATERING Audit&Financial CIP-Bonds
40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-UB Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating
27 US-Bagels-Vendor Demonst BRUEGGERS BAGEL Audit&Financial CIP-Bonds
29 US-Bagels-Vendor Demonst BRUEGGERS BAGEL Audit&Financial CIP-Bonds
225 US-Finance Award Applicat. GOVERNMENT FINANCE OFFICERS AS Awards Finance
77 US-Lunch-Vendor Demonst JASON'S DELI Audit&Financial CIP-Bonds
122 US-Vending Machine Suppl SPORTS WORLD USA INC Merchandise for Resale Concessions
5 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions
235 US-Train-B.Lanzi/M.Nelson SAFEFOOD TRAINING Licenses,Permits,Taxes Concessions
106 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions
46 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions
23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions
15 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
49 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions
12 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
81 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions
191 US-Rink Supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena
94 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions
27 US-Café Food BRUEGGERS BAGEL Merchandise for Resale Concessions
309 US-Hydrant Painting Suppl. HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance
-42 US-Returned Paint Thinner HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance
69 US-Batteries for FOB HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Distribution
110 US-Awards Event FINANCE AND COMMERCE Conference Expense Economic Development
345 US-IEDC Membership Dues IEDC Dues&Subscriptions Economic Development
108 US-Council Workshop Food CRUMB GOURMET DELI Miscellaneous City Council
53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow
76 US-SheboyganGroupLunch SANTORINIS Miscellaneous Administration
8 US-Blog TIGER TECHNOLOGIES Software IT Operating
22 US-Tour/Art Ctr Meeting CRUMB GOURMET DELI Miscellaneous Recreation Administration
68 US-Live Well Supplies TURNSTYLE Operating Supplies Recreation Administration
40 US-Live Well Supplies PARTY CITY Operating Supplies Recreation Administration
14 US-Live Well Supplies DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration
43 US-Catch Basins HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
297 US-Manhole Cement Glue HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Infiltration/Inflow Study
692 US-Manhole Cement Glue HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Infiltration/Inflow Study
194 US-Fire Siren#9 ALLIED ELECTRONICS INC Repair&Maint.Supplies Emergency Preparedness
34 US-Overlay Prep Tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance
895 US-Display Board NEW WORLD CASE,INCORPORATED Operating Supplies Environmental Education
136 US-Engineering License BOARD OF AELSLAGID Licenses,Permits,Taxes Engineering
99 US-Deck Scrapers for Parks SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
30 US-Senior Center Plants BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance
14 US-Fuel for Shop Pumps HOLIDAY STATION STORES INC Motor Fuels Park Maintenance
12 US-Fuel for Mowers HOLIDAY STATION STORES INC Motor Fuels Park Maintenance
Amount Explanation Vendor Account Description Business Unit
52 US-Investigative Resources WALMART COMMUNITY Operating Supplies Police
102 US-Admn Meeting BAKERS'RIBS Operating Supplies Police
166 US-Caulk Gun&Re-bar HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
38 US-Batteries-Sound Tech CVS PHARMACY Operating Supplies Staring Lake Concert
95 US-B'day Party Supplies TRIARCO Operating Supplies Arts Center
150 US-Music Stands SWEETWATER MUSIC TECHNOLOGY DI Operating Supplies General Fund
182 US-Art Camp Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center
325 US-Art Camp Supplies TRIARCO Operating Supplies Arts Center
237 US-Play Scripts&Royalties PLAYSCRIPTS,INC Operating Supplies Theatre Initiative
225 US-Art Camp Supplies TRIARCO Operating Supplies Arts Center
51 US-Clay Camp Supplies PAYPAL INC Sales Tax Payable General Fund
97 US-Supply Storage Bins TARGET Operating Supplies Arts Center
54 US-One-Act Play Scripts SAMUEL FRENCH INC Operating Supplies Theatre Initiative
153 US-Art Class Supplies TRIARCO Operating Supplies Arts Center
35 US-Art Class Supplies TRIARCO Operating Supplies Arts Center
-2 US-Supply Not Received PAYPAL INC Operating Supplies General Fund
125 US-Art Class Supplies OFFICEMAX CREDIT PLAN Operating Supplies Arts Center
7 US-4th of July Supplies HOME DEPOT CREDIT SERVICES Operating Supplies July 4th Celebration
21 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center
5 US-Fiber Art Class Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center
15 US-4th of July Supplies RAINBOW FOODS INC. Operating Supplies July 4th Celebration
2 US-Art Paint Backordered S&S WORLDWIDE Operating Supplies Day Care
74 US-B'-day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties
35 US-July 4th Supplies/Prizes DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC)
158 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
16 US-Books for Play Care PROP Operating Supplies Day Care
90 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care
24 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
14 US-4th of July Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies July 4th Celebration
54 US-B'Day Party CD'sNideos TARGET Operating Supplies Birthday Parties
35 US-4th of July Supplies TARGET Operating Supplies July 4th Celebration
154 US-4th of July Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies July 4th Celebration
17 US-4th of July Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies July 4th Celebration
13 US-Coordinator Meeting CARIBOU COFFEE Training Supplies Community Center Admin
13 US-Hasps-Staring Amphith. HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
22 US-Chg Card-Meter Phone VERIZON WIRELESS Equipment Parts Water Metering
29 US-Fuel for Truck#731 BP OIL Motor Fuels Water Metering
6 US-Outdoor Ctr Supplies PETCO Operating Supplies Outdoor Center
48 US-Owl Pellets-Outdoor Ctr PAYPAL INC Operating Supplies Outdoor Center
41 US-Outdoor Ctr Supplies ORIENTAL TRADING Operating Supplies Outdoor Center
79 US-Food-Trip to S.W.MN FRESH SEASONS MARKET Program Trips Outdoor Center
56 US-Trip Event to S.W.MN JEFFERS PETROGLYPHS Program Trips Outdoor Center
72 US-Fuel-Trip to S.W.MN SHELL OIL Program Trips Outdoor Center
333 US-Tents for Camping DICK'S SPORTING GOODS Operating Supplies Outdoor Center
63 US-Outdoor Ctr Supplies PETCO Operating Supplies Outdoor Center
86 US-Outdoor Ctr Supplies OFFICEMAX CREDIT PLAN Office Supplies Outdoor Center
235 US-Tents for Camping TARGET Operating Supplies Outdoor Center
-8 US-Permit Refund RECREATION.GOV Operating Supplies Outdoor Center
110 US-Pesticide Recertification ATOM Licenses,Permits,Taxes Park Maintenance
Amount Explanation Vendor Account Description Business Unit
45 US-USTA Member.Fees USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
76 US-Tennis Member.Fees USTA Operating Supplies Arts Camp
15 US-USTA Membership Fee USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
24 US-Quickstart Tennis Grant WILSON SPORTING GOODS Recreation Supplies Tennis
299 US-Quickstart Tennis Grant WILSON SPORTING GOODS Recreation Supplies Tennis
398 US-Quickstart Tennis Grant WILSON SPORTING GOODS Recreation Supplies Tennis
19 US-Tennis Member.Fees USTA Operating Supplies Arts Camp
30 US-USTA Workshop EDINA,CITY OF Conference Expense Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
19 US-Tennis Member.Fee USTA Operating Supplies Tennis
19 US-Tennis Member.Fee USTA Operating Supplies Tennis
19 US-Tennis Member.Fee USTA Operating Supplies Tennis
32 US-Staff Resources JORDAN ACE HARDWARE Operating Supplies Youth Programs Administration
46 US-Staff Resources WILSON SPORTING GOODS Operating Supplies Youth Programs Administration
222 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds
15 US-USTA Membership Fee USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
7 US-USTA Membership Fee USTA Operating Supplies Tennis
7 US-Staff Resources OFFICEMAX CREDIT PLAN Operating Supplies Youth Programs Administration
57 US-Tennis Member.Fees USTA Operating Supplies Tennis
46 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds
54 US-Playground Supplies S&S WORLDWIDE Operating Supplies General Fund
19 US-Tennis Member.Fee USTA Operating Supplies Tennis
15 US-USTA Membership Fee USTA Operating Supplies Tennis
8 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds
18 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds
5 US-Staff Meeting Snacks WALGREEN'S#5080 Operating Supplies Playgrounds
172 US-Staff Meeting Snacks DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds
172 US-Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Camp
187 US-July 4th Bingo DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration
225 US-Fun Friday TRIPLE PLAY SPORTS INC Special Event Fees Teen Work Program
19 US-July 4th Games RADERMACHERS Operating Supplies Youth Programs Administration
31 US-Staff Training DVD IOD BOOKSTORE,THE Recreation Supplies Accessibility
60 US-Class Participant Suppl. TARGET Recreation Supplies Accessibility
242 US-Summer Staff Meeting PAPA JOHN'S PIZZA Operating Supplies Playgrounds
-27 US-Coupon Discount SPORTS AUTHORITY Recreation Supplies Volleyball
107 US-Tents for Prog/Events SPORTS AUTHORITY Recreation Supplies Volleyball
107 US-Tents for Prog/Events SPORTS AUTHORITY Recreation Supplies Youth Programs Administration
80 US-Therapeutic Certificate NCTRC Licenses,Permits,Taxes Organizational Services
105 US-July 4th Planning Lunch. PIZZA HUT Miscellaneous July 4th Celebration
110 US-Display Holders OFFICEMAX CREDIT PLAN Operating Supplies Recreation Administration
65 US-Supplies for Riley Lake WALMART COMMUNITY Operating Supplies Riley Lake Beach
81 US-Fanny Packs SPORTWIDE Clothing&Uniforms Oak Point Operations
219 US-Pocket Noses for Staff LAERDAL MEDICAL CORPORATION Clothing&Uniforms Oak Point Operations
42 US-Lesson Supplies TARGET Operating Supplies Oak Point Operations
Amount Explanation Vendor Account Description Business Unit
24 US-Training Supplies TARGET Operating Supplies Aquatics&Fitness Admin
89 US-Beach Supplies WALMART COMMUNITY Operating Supplies Riley Lake Beach
288 US-Training Summer Staff DAVANNI'S PIZZA Operating Supplies Aquatics&Fitness Admin
80 US-Maniken Supplies KIEFER SPORTS GROUP Operating Supplies Pool Lessons
250 US-Body Pump Fees SCW FITNESS Licenses,Permits,Taxes Fitness Classes
40 US-4th of July Supplies RAINBOW FOODS INC. Operating Supplies July 4th Celebration
23 US-4th of July Ice HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration
14 US-4th of July Snacks KOWALSKI'S MARKET Operating Supplies July 4th Celebration
66 US-Weapon Repair UPS STORE,THE Equipment Repair&Maint Police
176 US-Hotel-K9 Trials RAMADA INN Tuition Reimbursement/School Police
183 US-Hotel-K9 Trials RAMADA INN Tuition Reimbursement/School Police
88 US-Hotel-K9 Trials RAMADA INN Tuition Reimbursement/School Police
88 US-Hotel-K9 Trials RAMADA INN Tuition Reimbursement/School Police
400 US-ERU Equipment TACTICALSTORE.COM Operating Supplies General Fund
118 US-ERU Equipment TACTICAL COMMAND INDUSTRIES, Tuition Reimbursement/School Police
-700 US-Training Cancelled ATOM Tuition Reimbursement/School Police
-700 US-Training Cancelled ATOM Tuition Reimbursement/School Police
-700 US-Training Cancelled ATOM Tuition Reimbursement/School Police
69 US-Webex for Conf.Callls WEBEX COMMUNICATIONS Computers IT Operating
54 US-Presentation Clicker OFFICE DEPOT CREDIT PLAN Miscellaneous IT Operating
15 US-Covert Video License HENNEPIN COUNTY SERVICE CENTER Miscellaneous IT Operating
11 US-Camera Repair UPS STORE,THE Miscellaneous IT Operating
62 US-Tools NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer System Maintenance
23,798 Report Total
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2.
Office of the City Manager/ Resolution certifying proposed 2011 property tax
Finance, Sue Kotchevar levy, accepting proposed 2011 budget, setting
date(s) for public hearing(s), and consenting and
approving HRA tax levy
Requested Action
Move to adopt the resolution that:
• Certifies the proposed 2011 property tax levy to be $32,761,605; and
• Sets December 7th, 2010 as the meeting which will include discussion of the budget and
provide for public comment; and
• Accepts the proposed 2011 budget of$41,465,943; and
• Consents and approves the HRA tax levy of$200,000.
Synopsis
Minnesota Law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments. Cities must adopt a proposed net
property tax levy by September 15 and certify it to the county auditor. In addition, the City
Council must accept a proposed budget for the coming year.
The City must announce at this Council meeting the future time and date of the regularly
scheduled meetings at which the budget and levy will be discussed and public testimony taken.
The Council must adopt the final tax levy and budget by December 15.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-
A RESOLUTION ADOPTING THE CITY'S PROPOSED 2011 PROPERTY TAX
LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 2011,AND CONSENT AND
APPROVE THE 2011 HRA LEVY
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's
recommended 2011 budget and tax levies; and
WHEREAS,the City Council has decided to accept these recommendations at this time.
NOW, THEREFORE,BE IT RESOLVED,that the City Council:
1. Establishes the following proposed taxes on real and personal property within the City of
Eden Prairie for the 2011 budget.
Levy on Tax Capacity $31,091,605
Levy on Market Value 1,670,000
Total LEVY $32,761,605
The proposed total Levy may not be exceeded when the City Council sets the final tax levy for
2011.
2. Accepts the 2011 proposed levy of$32,761,605 and proposed budget totaling$41,465,943 at
this time.
3. Consents and approves the 2011 HRA tax levy of$200,000.
ADOPTED by the City Council on September 7, 2010.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the City Manager September 7, 2010
ITEM DESCRIPTION: ITEM NO.: XIV.B.3.
DEPARTMENT/DIVISION:
Scott H. Neal, City Manager Flying Cloud Fields and the Flying Cloud Fields
Expansion Area Lease Agreements with
Metropolitan Airports Commission
Requested Action
Move to: Approve lease agreements with the Metropolitan Airports Commission for Flying
Cloud Fields and the Flying Cloud Fields Expansion Area.
Synopsis
Following the City Council's discussion of these lease agreements at the August 17 Council
meeting, City Attorney Ric Rosow and I met with representatives from the Metropolitan Airports
Commission(MAC) on August 25 to discuss the Council and staff's concerns about MAC's
proposal to link the Flying Cloud Fields and Flying Cloud Fields Expansion Area leases with a
newly proposed Memorandum of Understanding(MOU)that would govern the MAC's future
development of its excess land around Flying Cloud Airport.
It became clear to us at the August 25 meeting that there was a fundamental misunderstanding
between the parties about what was going to be presented to the MAC on July 19 and the City
Council on July 20. I believe that we have resolved the issues of intent and process that were
part of the Council's August 17 discussion. City and MAC representatives have now agreed to
separate the consideration of the lease agreements from the development MOU. The
representatives also agreed to present the lease agreements to the governing bodies of both
parties before giving formal consideration to the development MOU. The City Council will
consider the lease agreements at the September 7 meeting, while MAC will consider the same
agreements at the September 20 commission meeting.
The agreements before the Council at the September 7 meeting are essentially the same
agreements reviewed by the Council at the July 20 meeting, with two differences:
1. The City had proposed language in the previous versions of the leases that set out parameters and
process to determine annual lease payments in future terms of the lease. MAC did not agree to that
language. It is not included in the lease documents.
2. In the previous set of lease documents approved by the Council there was a separate lease for the
garden plots. We did not reach an agreement on the lease terms for the garden plots, so that lease is
not being proposed for approval by the Council at the September 7 meeting.
City staff will provide the Council with additional context and background information about the
Flying Cloud Fields Expansion Project at the September 7 Council Workshop. I recommend the
Council approve the two leases that are included in the September 7 Council agenda. Staff will
continue to work with MAC on the garden plot lease and the development MOU.
Attachments
Lease Agreements
DRAFT August 1330, 2010
(Pending Approval)
ATHLETIC FIELDS LEASE AGREEMENT
THIS ATHLETIC FIELDS LEASE AGREEMENT ("Lease") was made this 1st day of
SeptemberAugust, 2010 between the Metropolitan Airports Commission
("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City
of Eden Prairie ("City"), as Lessee.
WITNESSETH:
WHEREAS, the Commission has determined that it currently has no specific airport use
suitable for the property described in this Lease and is authorized to lease or license the
property for compatible uses; and
WHEREAS, the City leased the property as shown on attached Exhibit A from the
Commission pursuant to a license dated January 3, 2000; and
WHEREAS, the City desires to continue to lease the property to operate athletic fields
on the property; and
WHEREAS, the City and Commission entered into a Memorandum or Understanding
("MOU"), dated December 17, 2002, that addresses certain terms regarding the
property; and
WHEREAS, the City desires to redefine certain parcels of the property as described in
the Lease below, the MOU, and as shown on attached Exhibit A; and
WHEREAS, the Commission has determined that the authorized uses under this Lease
would not interfere with airport operations; and
WHEREAS the Commission has had this property appraised to determine the rental
value; and
WHEREAS, The City and Commission desire to terminate the license dated January 3,
2000, and replace it with this Lease and a separate lease for community garden plots,
and enter into an additional separate lease for an expanded area for athletic fields; and
WHEREAS, Commission is willing to lease the property to the City upon the terms and
conditions of this Lease, which has been approved by the Commission on July 19, 2010.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the
parties hereto agree as follows:
1
DRAFT August 1-230, 2010
(Pending Approval)
1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to
the terms and conditions stated herein, a portion of the lands constituting Flying
Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 39.3 acres,
more particularly described as follows ("Premises"):
That part of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of
Section 21,Township 116,Range 22,and that part of the Northeast Quarter of the Northwest Quarter and the
Northwest Quarter of the Northeast Quarter of Section 28,Township 116,Range 22,Hennepin County,Minnesota,
described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21;
thence South 88 degrees 59 minutes 26 seconds West along the South line of the Southeast Quarter of the
Southwest Quarter of said Section 21 a distance of 619.08 feet to the beginning of the land to be described;
thence North 25 degrees 24 minutes 54 seconds East a distance of 130.77 feet;thence North 9 degrees 37
minutes 04 seconds East a distance of 298.26 feet;thence North 16 degrees 44 minutes 37 seconds East a
distance of 484.35 feet;thence North 25 degrees 24 minutes 54 seconds East a distance of 69.17 feet;
thence South 23 degrees 39 minutes 26 seconds East a distance of 0.65 feet;thence South 66 degrees 56
minutes 19 seconds East a distance of 72.46 feet;thence North 68 degrees 03 minutes 41 seconds East a
distance of 36.18 feet;thence South 70 degrees 29 minutes 07 seconds East a distance of 47.68 feet;thence
South 65 degrees 52 minutes 46 seconds East a distance of 202.92 feet;thence South 64 degrees 53 minutes
29 seconds East a distance of 190.40 feet;thence South 64 degrees 24 minutes 47 seconds East a distance
of 503.52 feet;thence South 58 degrees 42 minutes 09 seconds East a distance of 90.45 feet;thence South
64 degrees 24 minutes 47 seconds East a distance of 271.03 feet;thence South 60 degrees 35 minutes 56
seconds East a distance of 59.29 feet;thence South 21 degrees 56 minutes 19 seconds East a distance of
40.07 feet;thence South 64 degrees 24 minutes 47 seconds East a distance of 57.28 feet;thence North 68
degrees 03 minutes 41 seconds East a distance of 20.98 feet;thence South 25 degrees 24 minutes 54
seconds West a distance of 52.94 feet;thence along a tangential curve,concave northeast,having a radius
of 85.00 feet,a central angle of 52 degrees 00 minutes 23 seconds and a length of 77.15 feet;thence along a
reverse curve,concave southwest,having a radius of 155.08 feet,a central angle of 52 degrees 00 degrees
23 seconds and a length of 140.76 feet;thence South 25 degrees 24 minutes 54 seconds West a distance of
17.28 feet;thence South 29 degrees 13 minutes 44 seconds West a distance of 180.40 feet;thence South 25
degrees 24 minutes 54 seconds West a distance of 47.49 feet;thence South 44 degrees 42 minutes 35
seconds West a distance of 219.41 feet;thence South 25 degrees 24 minutes 54 seconds West a distance of
174.27 feet;thence South 69 degrees 38 minutes 32 seconds West a distance of 379.90 feet;thence North
63 degrees 30 minutes 44 seconds West a distance of 1151.52 feet;thence North 25 degrees 24 minutes 54
seconds East a distance of 141.12 feet to the point of beginning.
And as designated "Lease Area 2" on the plat attached hereto as Exhibit A and
made a part hereof.
2. USE. The Premises may be occupied and used by the City for recreational
purposes as follows:
Parcel A: the maintenance and operation of ball diamonds, soccer and
football fields;
2
DRAFT August 1330, 2010
(Pending Approval)
Use of the Premises hereunder and improvements made in furtherance of such
use shall at all times comply with clearance requirements under FAA regulations
and state zoning requirements.
3. TERM. The term of this Lease shall be three (3) years, commencing August 1,
2010 with an option to renew for additional three (3) year periods, at rental rates
to be determined at that time, under lease terms and conditions to be
determined at that time, and subject to the terms set forth in the next
paragraph. The Premises are subject to recapture by the Commission upon one
(1) year written notice to City, with no monetary compensation to the City. The
City may terminate this Lease upon one (1) year written notice to the
Commission with no monetary compensation to the Commission. In the event of
termination or recapture, the City shall have 90 days within which to remove its
property, equipment and fixtures located or placed thereon and to restore the
Premises to a condition acceptable to the Commission.
Renewal of this Lease will be based on a new determination by the Commission
and the FAA that the property is not needed for exclusive aviation use during the
proposed renewal period and that the use of the area for recreational purposes
does not conflict with the safe operation of the airport. The City must submit a
written request for renewal at least 90 days prior to expiration of the last year of
the term of the agreement.
Upon termination of this Lease or any subsequent renewal lease, Commission
has no obligation to provide the Premises or any other Commission or Airport
property to City.
4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor
permit this Lease to become transferred by operation of law or otherwise, nor do
or suffer any acts to be done whereby the same may be or become assigned in
whole or in part. The City shall not sublease the whole or any part of the
Premises.
5. CONSTRUCTION AND MAINTENANCE.
In addition to the Premises, it is understood that certain aspects of the ball field
expansion are located off the Premises, including temporary fence, storm sewer
culverts and aprons, and infiltration/drainage ditches, as shown in the plans and
specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February
10, 2000. These structures are understood to be included as previous
improvements to the Premises, for which the City shall maintain and operate,
3
DRAFT August 1-230, 2010
(Pending Approval)
and repair and replace as necessary the personality, equipment and fixtures of a
non-permanent nature as are incident to the development of the Premises for
the authorized uses, including grading, seeding or sodding as required and
construction of physical improvements thereto and thereon, all at no cost to the
Commission and subject to removal by Lessee of all property, equipment and
fixtures and, if necessary, the restoration of the Premises on termination of this
Lease. If maintenance of the detention pond, into which the ball field drainage
empties, becomes necessary, the City will pay a pro-rata portion of the
expenses. The pro-rata portion will be the estimated amount of drainage into
the pond from the ball fields of the total drainage into the pond.
All plans for the grading and construction of and relating to replacement of or
alterations to the Premises, facilities or improvements, including the
improvements listed in the above paragraph, shall require Commission staff
review and approval, and in addition, all expansion, construction, repair,
replacement and alteration plans must meet the requirements of the Federal and
State regulatory agencies for clearance and protection of approaches in respect
to the airport. All work shall be carried on at such time or times and under such
control as the Commission's Airport Manager may impose to coordinate the same
with the necessary continuous operation of the airport. The City shall adequately
fence the Premises to prevent unauthorized access to the airport operational
areas.
In addition, the City agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in the event
any future structure or building is planned for the Premises, or in the event of
any planned modification or alteration of any present or future building or
structure situated on the Premises.
All work shall be completed at City's cost, and City shall notify Commission prior
to continuing any work if any foreseen or unforeseen environmental conditions
exist or manifest; keep the Premises, this Lease and every improvement on the
Premises free and clear from all liens for labor performed and materials
furnished; and defend, at City's cost, each and every lien asserted or filed
against the land, any part thereof, or against this Lease or any improvement on
the Premises and pay each and every judgment resulting form such lien.
In addition to the monetary rent paid to the Commission, the City shall, at all
times and at no cost or expense to Commission, maintain the Premises and all
improvements thereon in a neat and clean condition and in good repair and shall
keep the Premises free from debris, weeds and erosion. The City shall not suffer
4
DRAFT August 1-230, 2010
(Pending Approval)
or permit any waste or nuisance on the Premises and shall permit no illegal acts
or conduct thereon or such as will constitute a nuisance.
6. RENT. As rent for the Premises the City shall pay annually in advance an
amount of $1,000.00 per year, and escalating 3% per year during the remaining
Lease Term including all rcncwal periods. The rental rate must be consistent with
any change made in the future to federal revenue diversion policy. Thus, the
rental amount may be changed during the term of the Lease in order to maintain
compliance with federal revenue diversion policy upon sixty (60) days written
notice from the Commission to the City.
City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse
collection, and storm sewer charges, environmental charges and fees, or other
similar charges used on or attributable to the Premises, together with any taxes,
penalties, interest or surcharges associated with such utilities and charges.
City shall pay all applicable taxes (including, but not limited to, property taxes),
assessments, license fees, regulatory fees and other charges, if any, imposed by
any other governmental authority during the Term of this Lease upon or related
to the Premises, buildings, improvements or other property located thereon, or
upon City's use or occupancy, for whatever term deemed applicable to City by
that governmental authority. City shall pay these amounts without deduction or
set-off against Rent to be paid under this Lease.
7. INSURANCE. The City agrees to indemnify and save harmless the
Commission from any and all claims or causes of action arising or claimed to
arise by reason of injury or death to person or damage to property and arising
out of or incidental to the Commission's grant to the City of this Lease or out of
act or omission of person or persons incident to use and occupancy of the
premises. The City shall either (i) maintain insurance, a standard term policy or
policies of insurance in amounts as hereinafter set out against public liability,
blanket contractual liability and property damage including personal and
advertising and products liability, or (ii) provide self-insurance of equivalent
protection. Such policy of policies shall be in the amount of statutory limits
provided by Minn. Stat. 466.04, or as such statute may be amended or modified
from time to time, which currently requires one million five hundred thousand
dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars
($500,000) per person. The general liability insurance shall name the City as
insured and shall also name the Commission as additional insured by
endorsement to the policy or policies. The City also shall maintain statutory
workers' compensation insurance or self-insurance for all employees performing
5
DRAFT August 1-230, 2010
(Pending Approval)
work under this agreement. Nothing in this Lease constitutes a waiver by the
City of any statutory or common law, defenses, immunities, or limits on liability.
The obligation of the City of Eden Prairie_under this section cannot exceed the
greater of (i) amount that the City would be obligated to pay under the
provisions and limitations of Minn. Stat. Chap 466 or (ii) or (ii) the amount of
insurance carrier by City applicable to a claim referred to in the first sentence of
this Section 7.
8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and
save harmless the Commission from any and all claims, liens or liability which
may arise from City's construction, maintenance, repair or replacement aforesaid
or from claims of labor or materials involved in or rising out of the same.
The City shall indemnify, defend and hold harmless Commission from and against
any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims
of liability for loss, damage or injury to persons or property on or about the lands
under Lease from whatever cause, and Commission shall not be liable to the City
to any extent, nor will the City make any claim against Commission for or on
account of damage to the lands under Lease or loss damage to or destruction of
improvements, facilities and structures thereon.
Nothing in this Agreement constitutes a waiver by the City of any statutory or
common law, defenses, immunities, or limits on liability. The obligation of the
City under this section cannot exceed the greater of (i) the amount that the City
would be obligated to pay under the provisions and limitations of Minn. Stat.
Chap 466 or (ii) the amount of insurance carrier by City applicable to a claim
referred to in the first sentence of this Section 7.
9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon
approval and agreement of the FAA and MN/DOT, Division of Aeronautics that
the development and use of such lands for recreational purposes would not
conflict with aircraft operations to and from the airport and would comply with
the clearance and approach requirements presently applicable at said airport.
10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules
and regulations of the United States of America, the State of Minnesota, or of
agencies, departments or divisions of either (including but not limited to the
Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the
Commission relating to the Premises and the use thereof or relating to control of
6
DRAFT August 1-230, 2010
(Pending Approval)
ground and air traffic, aircraft operations and the general use and operation of
the airport; and the City shall see to the payment of any all taxes, assessments,
license fees or other charges that may be legally levied, assessed or made during
the term of this Lease or any extension thereof by reason of the uses hereby
permitted of the Premises. City shall provide evidence of compliance with such
laws to the Commission upon request of the Commission.
11. HEIGHT. The City expressly agrees for itself, its successors and assigns to
restrict the height of structures, objects of natural growth, and other objects on
the Premises to a height that will not constitute an obstruction as determined by
the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid
covenants are breached, the Commission reserves the right to enter upon the
Premises and to remove the offending structure or object and cut the offending
tree, all of which shall be at the expense of the City. Further, the City agrees
that no lights will be permitted (including automobile headlights) or installed on
the Premises which will have a detrimental effect on control tower operations or
otherwise affect night operations.
12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and
assigns to prevent any use of the Premises which might interfere with the
landing and taking off of aircraft from the Airport or to the flight of aircraft over
the Premises or otherwise constitute a hazard, or interfere with air navigation
and communication facilities presently or in the future serving the Airport. In the
event the aforesaid covenant is breached, the Commission reserves the right to
enter upon the Premises and cause the abatement of such interference at the
expense of the City.
13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the
Premises is conditioned upon and shall be without prejudice to the rights of the
Commission as owner and operator of the aforesaid public airport of which the
subject Premises constitute a part.
14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree, as a covenant running with the land, that in the
event facilities are constructed, maintained, or otherwise operated on the
Premises for a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or benefits, the City
shall maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in
DRAFT August 1-230, 2010
(Pending Approval)
Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
The City for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree,
as a covenant running with the land, that: (1) no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said
facilities; (2) that in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the grounds of
race, color, or nation origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and (3) that the City
shall use the Premises in compliance with all other requirements imposed by or
pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
15. COMMISSION RESERVATIONS. Commission reserves the right to further develop
or improve the landing area of the Airport as it sees fit, regardless of the desires
or view of the City, and without interference or hindrance.
Commission reserves the right, but shall not be obligated to the City, to maintain
and keep in repair the landing area of the Airport and all publicly-owned facilities
of the airport, together with the right to direct and control all activities of the City
in this regard.
16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its
agents and employees or contractors have a right of entry upon the Premises, as
may be necessary in the development, maintenance and operation of the airport,
including for the purpose of wildlife management. Further, the Commission
reserves the right to install and maintain on the Premises such utility lines,
conduits, pipes and facilities as may be necessary to the development,
maintenance and operation of said airport, provided Commission shall at its cost
and expense, repair any damages and restore any portion of the Premises
damaged by reason of such installation and maintenance. However, if the City
causes the need for such repair, construction, installation, or maintenance, the
Commission will not pay to repair or restore any part of the Premises.
17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder,
the City will advise those making use of or coming on the Premises and the
parents of those children making use of the Premises that Commission has no
responsibility in respect to maintenance, care, policing, control and supervision of
8
DRAFT August 1-230, 2010
(Pending Approval)
the premises so long as this Lease is in effect. The City will post signage visible
to property users that the Premises are owned by the Metropolitan Airports
Commission.
18. ENVIRONMENTAL OPERATING CONDITIONS.
Any materials/waste (hazardous or otherwise) "left over" from City's use and
occupancy of the Premises are the property of the City and must be removed by
the City. Waste disposal must follow all county, state and federal regulations.
MAC is not the owner, generator or the party responsible for removal/disposal of
this waste/material.
City shall also notify MAC of any spills or dumping, regardless of the amount,
occurring on Airport property to which the City has knowledge. If MAC incurs
costs related to a spill or other environmental expense related to City's
operations at the Airport, unless due to the negligence of MAC, MAC will bill City
for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay
MAC within thirty (30) days of invoice.
19. NOTICE
All notices or communications between Commission and City shall be deemed
sufficiently given or rendered if in writing and delivered to either party (i)
personally, (ii) by registered or certified mail return receipt requested, or (iii) by
nationally recognized overnight courier service. Except as otherwise specified
herein, all notices and other communications shall be deemed to have been duly
given (a) the date of receipt or rejection if given personally, (b) three (3)
business days after the date of posting if given by certified or registered mail, or
(c) the first (1st) business day after the date of posting if delivered by a
nationally recognized courier delivery service. Notices hereunder may be given
by the respective attorneys for any of the parties. Addresses for all notices are
as follows:
Commission: Metropolitan Airports Commission
Attn: Tim Anderson
6040 28th Avenue South
Minneapolis, MN 55450
City: City of Eden Prairie
Attn: Director of Parks and Recreation
8080 Mitchell Road
9
DRAFT August 1330, 2010
(Pending Approval)
Eden Prairie, MN 55344
Either party may change the party's address for notice by providing written
notice to the other party.
20. WAIVER
The waiver by Commission or City of any breach of any term of this Lease shall
not be deemed a waiver of any prior or subsequent breach of the same term or
any other term of this Lease.
21. COMMITMENTS TO FEDERAL AND STATE AGENCIES
Nothing in this Lease shall be construed to prevent Commission from making
such commitments as it desires to the Federal Government or the State of
Minnesota in order to qualify for the expenditure of Federal or State funds on the
Airport.
This Lease shall be subordinate to the provisions of and requirements of any
existing or future agreement between Commission and the United States,
relative to the development, operation, or maintenance of the Airport.
22. RIGHT OF FLIGHT / NOISE
There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Premises, together with the right to cause in
said airspace any noise inherent in the operation of any aircraft used for
navigation or flight through the said airspace or landing at, taking off from, or
operation on the Airport.
23. ENTIRE AGREEMENT. This Lease represents the entire agreement between the
parties and supersedes any prior agreements regarding the Premises or any part
thereof.
to
DRAFT August 1330, 2010
(Pending Approval)
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day
and year written below.
METROPOLITAN AIRPORTS COMMISSION
By
Deputy Executive Director - Operations
Date
CITY OF EDEN PRAIRIE
By
Mayor
Date
By
City Manager
Date
DRAFT August 1-230, 2010
(Pending Approval)
LESSOR NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN)
This instrument was acknowledged before me on the day
of , 2010, by (name) as the
authorized representative of the Metropolitan Airports Commission.
(Notarial Seal) Notary Public
CITY NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF )
This instrument was acknowledged before me on the day of
, 2010, by (name), and
the Mayor and City Manager respectively, of the City of Eden Prairie.
Notary Public
(Notarial Seal)
12
DRAFT August 1-230, 2010
(Pending Approval)
EXHIBIT A
PREMISES
I `- `: I I LEASE AREA 1: K LEASE AREA 2:
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S ; ` Lease Area 1 a 1,134,642 Square Feet r \ o.._,...
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• \` / LEASE EXHIBIT I
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,/ 0= t,EC ,N 29 �' 78 / 2 !
i / FLYING CLOUD BALLFIELDS I
a �..- - i N MAC.PROPERTY
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13
DRAFT August 1230, 2010
(Pending Approval)
ATHLETIC FIELDS EXPANSION AREA LEASE AGREEMENT
THIS ATHLETIC FIELDS EXPANSION AREA LEASE AGREEMENT ("Lease") was made
this 1st day of September August, 2010 between the Metropolitan Airports
Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor,
and the City of Eden Prairie ("City"), as Lessee.
WITNESSETH:
WHEREAS, the Commission has determined that it currently has no specific airport use
suitable for the property described in this Lease and is authorized to lease or license the
property for compatible uses; and
WHEREAS, the City and Commission entered into a Memorandum or Understanding
("MOU"), dated December 17, 2002, that addresses certain terms regarding the
property; and
WHEREAS, the City desires to lease the property shown on attached Exhibit A from the
Commission as described in the MOU; and
WHEREAS, the City desires to lease the property to operate athletic fields on the
property; and
WHEREAS, the Commission has determined that the authorized use under this Lease
would not interfere with airport operations; and
WHEREAS the Commission has had this property appraised to determine the rental
value; and
WHEREAS, Commission is willing to lease the property to the City upon the terms and
conditions of this Lease, which has been approved by the Commission on July 19, 2010.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the
parties hereto agree as follows:
1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to
the terms and conditions stated herein, a portion of the lands constituting Flying
Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 26.05 acres,
more particularly described as follows ("Premises"):
DRAFT August 4-230, 2010
(Pending Approval)
That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that part of the Northeast Quarter of
the Northwest Quarter of Section 28,Township 116,Range 22,Hennepin County,Minnesota described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21;
thence South 88 degrees 59 minutes 26 seconds West along the South line of said Southeast Quarter of the
Southwest Quarter a distance of 619.08 feet to the beginning of the land to be described;thence North 25
degrees 24 minutes 54 seconds East a distance of 130.77 feet;thence North 9 degrees 37 minutes 04
seconds East a distance of 298.26 feet;thence North 16 degrees 44 minutes 37 seconds East a distance of
484.35 feet;thence North 25 degrees 24 minutes 54 seconds East a distance of 69.17 feet;thence North 23
degrees 39 minutes 26 seconds West a distance of 28.43 feet;thence North 67 degrees 07 minutes 36
seconds West a distance of 331.31 feet;thence North 61 degrees 24 minutes 58 seconds West a distance of
90.45 feet;thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98 feet;thence South 77
degrees 08 minutes 46 seconds West a distance of 208.97 feet;thence South 1 degree 01 minutes 47
seconds East a distance of 433.95 feet;thence South 88 degrees 58 minutes 13 seconds West a distance of
200.00 feet to the easterly right of way line of H.C.S.A.H.No.4;thence South 1 degree 01 minutes 47
seconds East along said easterly right of way line a distance of 1210.16 feet;thence North 86 degrees 30
minutes 19 seconds East a distance of 316.86 feet;thence North 43 degrees 48 minutes 41 seconds East a
distance of 454.24 feet;thence North 25 degrees 24 minutes 54 seconds East a distance of 141.12 feet to
the point of beginning.
And as designated as "Lease Area 1" on the plat attached hereto as Exhibit A
and made a part hereof.
2. USE. The Premises may be occupied and used by the City for recreational
purposes as follows:
Solely for the construction, maintenance and operation of ball diamonds,
soccer and football fields and associated ancillary uses.
Use of the Premises hereunder and improvements made in furtherance of such
use shall at all times comply with clearance requirements under FAA regulations
and state zoning requirements.
3. TERM. The term of this Lease shall be three (3) years, commencing August 1,
2010 with an option to renew for additional three (3) year periods, at rental rates
to be determined at that time, under lease terms and conditions to be
determined at that time, and subject to the terms set forth in the next
paragraph. The Premises are subject to recapture by the Commission upon one
(1) year written notice to City, with no monetary compensation to the City. The
City may terminate this Lease upon one (1) year written notice to the
Commission with no monetary compensation to the Commission. In the event of
termination or recapture, the City shall have 90 days within which to remove its
property, equipment and fixtures located or placed thereon and to restore the
Premises to a condition acceptable to the Commission.
2
1 DRAFT August 1230, 2010
(Pending Approval)
Renewal of this Lease will be based on a new determination by the Commission
and the FAA that the property is not needed for exclusive aviation use during the
proposed renewal period and that the use of the area for recreational purposes
does not conflict with the safe operation of the airport. The City must submit a
written request for renewal at least 90 days prior to expiration of the last year of
the term of the agreement.
Upon termination of this Lease or any subsequent renewal lease, Commission
has no obligation to provide the Premises or any other Commission or Airport
property to City.
4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor
permit this Lease to become transferred by operation of law or otherwise, nor do
or suffer any acts to be done whereby the same may be or become assigned in
whole or in part. The City shall not sublease the whole or any part of the
Premises.
5. CONSTRUCTION AND MAINTENANCE.
All plans for the grading and construction of and relating to replacement of or
alterations to the Premises, facilities or improvements shall require Commission
staff review and approval, and in addition, all expansion, construction, repair,
replacement and alteration plans must meet the requirements of the Federal and
State regulatory agencies for clearance and protection of approaches in respect
to the airport. Final design by City for the Premises shall be subject to review
and approval by Commission for conformance with FAA and state rules and
regulations and compatibility with airport operational requirements. The City will
provide for the storm water retention needs relating to the Premises. All work
shall be carried on at such time or times and under such control as the
Commission's Airport Manager may impose to coordinate the same with the
necessary continuous operation of the airport. The City shall fence the Premises,
according to Commission requirements, to prevent unauthorized access to the
airport operational areas.
The City shall complete design, grading and storm water piping work outside of
the Premises on the parcel northwest of Lease Area 1 as shown on the lease
exhibit. MAC will reimburse the City for a pro-rata portion of the design, grading
and storm water work as mutually agreed based on the final site grading plans,
as approved by Commission staff. Such work is subject to the conditions in
Sections 7 [Insurance], Section 8 [Hold Harmless], and Section 18
[Environmental Operating Conditions] of this Agreement.
3
DRAFT August 4-230, 2010
(Pending Approval)
In addition, the City agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in the event
any future structure or building is planned for the Premises, or in the event of
any planned modification or alteration of any present or future building or
structure situated on the Premises.
All work shall be completed at City's cost, and City shall notify Commission prior
to continuing any work if any foreseen or unforeseen environmental conditions
exist or manifest; keep the Premises, this Lease and every improvement on the
Premises free and clear from all liens for labor performed and materials
furnished; and defend, at City's cost, each and every lien asserted or filed
against the land, any part thereof, or against this Lease or any improvement on
the Premises and pay each and every judgment resulting form such lien.
In addition to the monetary rent paid to the Commission, the City shall, at all
times and at no cost or expense to Commission, maintain the Premises and all
improvements thereon in a neat and clean condition and in good repair and shall
keep the Premises free from debris, weeds and erosion. The City shall not suffer
or permit any waste or nuisance on the Premises and shall permit no illegal acts
or conduct thereon or such as will constitute a nuisance.
6. RENT. As rent for the Premises the City shall pay annually in advance an
amount of $2,500.00 per year, and escalating 3% per year during the remaining
Lease Term including all rcncwal periods. The rental rate must be consistent
with any change made in the future to federal revenue diversion policy. Thus,
the rental amount may be changed during the term of the Lease in order to
maintain compliance with federal revenue diversion policy upon sixty (60) days
written notice from the Commission to the City.
City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse
collection, and storm sewer charges, environmental charges and fees, or other
similar charges used on or attributable to the Premises, together with any taxes,
penalties, interest or surcharges associated with such utilities and charges.
City shall pay all applicable taxes (including, but not limited to, property taxes),
assessments, license fees, regulatory fees and other charges, if any, imposed by
any other governmental authority during the Term of this Lease upon or related
to the Premises, buildings, improvements or other property located thereon, or
upon City's use or occupancy, for whatever term deemed applicable to City by
4
DRAFT August 4-230, 2010
(Pending Approval)
that governmental authority. City shall pay these amounts without deduction or
set-off against Rent to be paid under this Lease.
7. INSURANCE. The City agrees to indemnify and save harmless the Commission
from any and all claims or causes of action arising or claimed to arise by reason
of injury or death to person or damage to property and arising out of or
incidental to the Commission's grant to the City of this Lease or out of act or
omission of person or persons incident to use and occupancy of the premises.
The City shall either (i) maintain insurance, a standard term policy or policies of
insurance in amounts as hereinafter set out against public liability, blanket
contractual liability and property damage including personal and advertising and
products liability, or (ii) provide self-insurance of equivalent protection. Such
policy of policies shall be in the amount of statutory limits provided by Minn.
Stat. 466.04, or as such statute may be amended or modified from time to time,
which currently requires one million two hundred thousand dollars ($1,200,000)
per accident or occurrence or four hundred thousand dollars ($400,000) per
person. The general liability insurance shall name the City as insured and shall
also name the Commission as additional insured by endorsement to the policy or
policies. The City also shall maintain statutory workers' compensation insurance
or self-insurance for all employees performing work under this agreement.
Nothing in this Lease constitutes a waiver by the City of any statutory or
common law, defenses, immunities, or limits on liability. The obligation of the
City of Eden Prairie_under this section cannot exceed the greater of (i) the
amount that the City would be obligated to pay under the provisions and
limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carrier by City
applicable to a claim referred to in the first sentence of this Section 7.
8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and
save harmless the Commission from any and all claims, liens or liability which
may arise from City's construction, maintenance, repair or replacement aforesaid
or from claims of labor or materials involved in or rising out of the same.
The City shall indemnify, defend and hold harmless Commission from and against
any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims
of liability for loss, damage or injury to persons or property on or about the lands
under Lease from whatever cause, and Commission shall not be liable to the City
to any extent, nor will the City make any claim against Commission for or on
account of damage to the lands under Lease or loss damage to or destruction of
improvements, facilities and structures thereon. Nothing in this Agreement
constitutes a waiver by the City of any statutory or common law, defenses,
immunities, or limits on liability. The obligation of the City under this section
5
DRAFT August 4-230, 2010
(Pending Approval)
cannot exceed the greater of (i) amount that the City would be obligated to pay
under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of
insurance carrier by City applicable to a claim referred to in the first sentence of
this Section 7.
9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon
approval and agreement of the FAA and MN/DOT, Division of Aeronautics that
the development and use of such lands for recreational purposes would not
conflict with aircraft operations to and from the airport and would comply with
the clearance and approach requirements presently applicable at said airport.
10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules
and regulations of the United States of America, the State of Minnesota, or of
agencies, departments or divisions of either (including but not limited to the
Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the
Commission relating to the Premises and the use thereof or relating to control of
ground and air traffic, aircraft operations and the general use and operation of
the airport; and the City shall see to the payment of any all taxes, assessments,
license fees or other charges that may be legally levied, assessed or made during
the term of this Lease or any extension thereof by reason of the uses hereby
permitted of the Premises. City shall provide evidence of compliance with such
laws to the Commission upon request of the Commission.
11. HEIGHT. The City expressly agrees for itself, its successors and assigns to
restrict the height of structures, objects of natural growth, and other objects on
the Premises to a height that will not constitute an obstruction as determined by
the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid
covenants are breached, the Commission reserves the right to enter upon the
Premises and to remove the offending structure or object and cut the offending
tree, all of which shall be at the expense of the City. Further, the City agrees
that no lights will be permitted (including automobile headlights) or installed on
the Premises which will have a detrimental effect on control tower operations or
otherwise affect night operations.
12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and
assigns to prevent any use of the Premises which might interfere with the
landing and taking off of aircraft from the Airport or to the flight of aircraft over
the Premises or otherwise constitute a hazard, or interfere with air navigation
and communication facilities presently or in the future serving the Airport. In the
event the aforesaid covenant is breached, the Commission reserves the right to
6
DRAFT August 4-230, 2010
(Pending Approval)
enter upon the Premises and cause the abatement of such interference at the
expense of the City.
13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the
Premises is conditioned upon and shall be without prejudice to the rights of the
Commission as owner and operator of the aforesaid public airport of which the
subject Premises constitute a part.
14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree, as a covenant running with the land, that in the
event facilities are constructed, maintained, or otherwise operated on the
Premises for a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or benefits, the City
shall maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
The City for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree,
as a covenant running with the land, that: (1) no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said
facilities; (2) that in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the grounds of
race, color, or nation origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and (3) that the City
shall use the Premises in compliance with all other requirements imposed by or
pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
15. COMMISSION RESERVATIONS. Commission reserves the right to further develop
or improve the landing area of the Airport as it sees fit, regardless of the desires
or view of the City, and without interference or hindrance.
Commission reserves the right, but shall not be obligated to the City, to maintain
and keep in repair the landing area of the Airport and all publicly-owned facilities
of the airport, together with the right to direct and control all activities of the City
in this regard.
DRAFT August 4-230, 2010
(Pending Approval)
16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its
agents and employees or contractors have a right of entry upon the Premises, as
may be necessary in the development, maintenance and operation of the airport,
including for the purpose of wildlife management. Further, the Commission
reserves the right to install and maintain on the Premises such utility lines,
conduits, pipes and facilities as may be necessary to the development,
maintenance and operation of said airport, provided Commission shall at its cost
and expense, repair any damages and restore any portion of the Premises
damaged by reason of such installation and maintenance. However, if the City
causes the need for such repair, construction, installation, or maintenance, the
Commission will not pay to repair or restore any part of the Premises.
17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder,
the City will advise those making use of or coming on the Premises and the
parents of those children making use of the Premises that Commission has no
responsibility in respect to maintenance, care, policing, control and supervision of
the premises so long as this Lease is in effect. The City will post signage visible
to property users that the Premises are owned by the Metropolitan Airports
Commission.
18. ENVIRONMENTAL OPERATING CONDITIONS.
Any materials/waste (hazardous or otherwise) "left over" from City's use and
occupancy of the Premises are the property of the City and must be removed by
the City. Waste disposal must follow all county, state and federal regulations.
MAC is not the owner, generator or the party responsible for removal/disposal of
this waste/material.
City shall also notify MAC of any spills or dumping, regardless of the amount,
occurring on Airport property to which the City has knowledge. If MAC incurs
costs related to a spill or other environmental expense related to City's
operations at the Airport, unless due to the negligence of MAC, MAC will bill City
for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay
MAC within thirty (30) days of invoice.
19. NOTICE
All notices or communications between Commission and City shall be deemed
sufficiently given or rendered if in writing and delivered to either party (i)
personally, (ii) by registered or certified mail return receipt requested, or (iii) by
nationally recognized overnight courier service. Except as otherwise specified
8
DRAFT August 4-230, 2010
(Pending Approval)
herein, all notices and other communications shall be deemed to have been duly
given (a) the date of receipt or rejection if given personally, (b) three (3)
business days after the date of posting if given by certified or registered mail, or
(c) the first (1st) business day after the date of posting if delivered by a
nationally recognized courier delivery service. Notices hereunder may be given
by the respective attorneys for any of the parties. Addresses for all notices are
as follows:
Commission: Metropolitan Airports Commission
Attn: Tim Anderson
6040 28th Avenue South
Minneapolis, MN 55450
City: City of Eden Prairie
Attn: Director of Parks and Recreation Services
8080 Mitchell Road
Eden Prairie, MN 55344
Either party may change the party's address for notice by providing written
notice to the other party.
19. WAIVER
The waiver by Commission or City of any breach of any term of this Lease shall
not be deemed a waiver of any prior or subsequent breach of the same term or
any other term of this Lease.
22. COMMITMENTS TO FEDERAL AND STATE AGENCIES
Nothing in this Lease shall be construed to prevent Commission from making
such commitments as it desires to the Federal Government or the State of
Minnesota in order to qualify for the expenditure of Federal or State funds on the
Airport.
This Lease shall be subordinate to the provisions of and requirements of any
existing or future agreement between Commission and the United States,
relative to the development, operation, or maintenance of the Airport.
23. RIGHT OF FLIGHT / NOISE
9
DRAFT August 4-230, 2010
(Pending Approval)
There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Premises, together with the right to cause in
said airspace any noise inherent in the operation of any aircraft used for
navigation or flight through the said airspace or landing at, taking off from, or
operation on the Airport.
24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the
parties and supersedes any prior agreements regarding the Premises or any part
thereof.
io
DRAFT August 4-230, 2010
(Pending Approval)
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day
and year written below.
METROPOLITAN AIRPORTS COMMISSION
By
Deputy Executive Director - Operations
Date
CITY OF EDEN PRAIRIE
By
Mayor
Date
By
City Manager
Date
11
DRAFT August 4-230, 2010
(Pending Approval)
LESSOR NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN)
This instrument was acknowledged before me on the day
of , 2010, by as the
authorized representative of the Metropolitan Airports Commission.
(Notarial Seal) Notary Public
CITY NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF )
This instrument was acknowledged before me on the day of
, 2010, by , and
Mayor and City Manager respectively of the City of Eden Prairie
Notary Public
(Notarial Seal)
12
DRAFT August 4330, 2010
(Pending Approval)
EXHIBIT A
PREMISES
i, I ` ` _I 1 LEASE AREA 1: LEASE AREA 2:
ie.' vA �. .u.,�,.e.&.,:a. tea.-ww�us, .x . . :,.,,,..,...... .4..a=�.,y
�% �-
,'4 �= fl ��.� � ` ,' v� CEArIFlcnnoN
Lease Area I I,i34,642 Spua a Feet Ix o.r_,.
�� i B
Lease,Area 2-1,711,732 Square Feet - !(
•
1 , . ��� ® LEASE EXHIBIT
/'I `\� ' `
_.:✓ i 2H �' ' .�..,. ., 28 l h FLYING CLOUD BALL
M55 ��"'`` � IN / PROPERTY
Eden Prairie,MN
11liill .42?„./p:„j 11 T EnpninnVv,or, 7 ......7.:
13
CITY COUNCIL AGENDA DATE:
SECTION: Community Development Director Report September 7, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1.
Community Development: Ace Daycare Lease—8098 Glen Lane
Janet Jeremiah/David Lindahl (former Kindercare)
Requested Council Action:
Move to: Approve a new lease between the City of Eden Prairie and Ace Daycare for a child daycare
center at the City owned property located at 8098 Glen Lane.
Synopsis:
The enclosed lease is for a daycare at the City owned property located at 8098 Glen Lane, a property
formerly owned by Kindercare daycare. The basic terms of the lease are as follows:
Term: 5 years (w/options to renew)
Rent: Rent/SF Monthly
Months Per Year Rent Annual Rent Total Rent
1-4+* $ 0.00 $ No Rent
5 — 12 $14.00 $5,541.67 $44,333.36 $ 44,333.36
13-60** $14.00 $5,541.67 $66,500.00 $ 266,000.00
Total Rent- 5 Years $310,333.33
Tenant Improvements: Tenant pays all improvements
Broker Commissions: None
Landlord Work: None
Common Area Maintenance: Tenant pays
Property Taxes/Insurance: Tenant Pays
Lease Commencement: September 8, 2010
Sale Clause City can sell the property at anytime, but must provide tenant 365 days
notice.
Background:
The City acquired 8098 Glen Lane property on March 1, 2010 as part of a taking for the Singletree Lane
road expansion. What remains after the road taking is a 4,750 square foot building on a 26,615 square foot
site. The City Council initially instructed staff to sell the remaining property but on June 15th decided to try
and lease it until a suitable redevelopment proposal emerges that is consistent with the City's Town Center
plans.
During the months the property was on the market staff received numerous inquiries about leasing the
property and those parties were invited to submit lease proposals by June 24th. Two proposals were
submitted and both were for daycare uses. Based on the income projections, financial statements, and
resumes provided by each party it appeared they both had the ability and financial support to operate a
daycare. However, the Ace proposal is being recommended because it will provide about $70,000 more
rent through the term of the lease. Ace daycare will be owned and operated by Eden Prairie residents
Khadra Hirsi and Mohamed Arab, a married couple that currently operate a daycare out of their home.
Khadra is also a part time employee of the City of Eden Prairie.
The lease includes a sale clause so the City has the option of selling the property at any time,provided a
one-year notice is given to the tenant so they have time to relocate their business. Since the future sale of
this property will likely be for redevelopment, which typically requires good deal of time to plan and
execute, a one year notification should not be an issue for the City.
Attachments:
Lease
Lease Proposal
David Lindahl
City of Eden Prairie
Dear Mr. Lindahl
On behalf of Eden Prairie Day Care Center, I am pleased to present the following lease proposal
for your property at 8098 Glen Lane, Eden Prairie, MN
Location: 8098 Glen lane, Eden Prairie, MN 55344
Premises: Approximate usable and rentable square ()
Landlord: City of Eden Prairie
Tenant: Eden Prairie Day Care Center
Use: Day Care Center
Owners: Mr. Mohamed Arab and Khadra Hirsi already have Home Family
Daycare and the number of the kids at Home Daycare is limited. They own one of the largest
and best managed grocery wholesale outlets in the state of Minnesota for last eight years. Mr.
Arab has a bachelor's degree in business administration from St. Mary's University in
Minnesota. Mr. Arab has extensive knowledge and experience in management, accounting and
finance combined with business ownership. He has setup accounting and entrepreneuring
systems for most of the Somali owned businesses in Minnesota. He is professionally well
respected by all his business associates.
Khadra Hirsi is one the employee of the Hennepin County at the Office of Multicultural Service
outreach Liaison in Eden Prairie City.
Term: Sixty (60) Months
Renewal Options: Two (2) consecutive five (5) year options with written notices six (6)
months prior to the end of initial/first option term. Rent shall be
negotiated at market rates when each option is exercised.
Delivery of Premises Date: At full execution of a lease document
Lease commencement:The earlier of ninety (90),days from delivery of premises or first day of
business.
Base Rent: Commencing at Lease Commencement
■ Months 1-4: Base Rent Waived
■ Months 5-12: $14.00 per rentable square feet �7`6 35 ,3G-
■ Months 13-60: 15.00 per rentable square feet`�7//)5 D/ sr;' ` � v"�
LEASE
Landlord
City of Eden Prairie
Tenant
Ace DayCare Center, Inc.
TABLE OF CONTENTS
ARTICLE PAGE
REFERENCE PAGE i
1. TERM .. 2
2. RENT 3
3. AS IS CONDITION 5
4. ADDITIONAL RENT 5
5. USE OF PREMISES; TENANT COVENANTS 5
6. ALTERATIONS 7
7. REPAIR 7
8. LIENS .. 8
9. ASSIGNMENT AND SUBLETTING 9
10. INDEMNIFICATION . 10
11. INSURANCE 11
12. SERVICES AND UTILITIES 14
13. HOLDING OVER 14
14. SUBORDINATION 14
15. REENTRY BY LANDLORD . 15
16. DEFAULT .. 15
17. REMEDIES 16
18. TENANT'S BANKRUPTCYOR INSOLVENCY 20
19. QUIET ENJOYMENT 21
20. DAMAGE BY FIRE, ETC . 21
21. EMINENT DOMAIN . 23
22. SALE BY LANDLORD . 24
23. ESTOPPEL CERTIFICATES . 24
24. SURRENDER OF PREMISES ... 24
25. NOTICES 25
26. TAXES PAYABLE BY TENANT . 26
27. DEFINED TERMS AND HEADINGS 26
28. TENANT'S AUTHORITY . 27
29. TIME AND APPLICABLE LAW .. 27
30. SUCCESSORS AND ASSIGNS 27
31. ENTIRE AGREEMENT . 27
32. EXAMINATION NOT OPTION 28
33. RECORDATION 28
34. LIMITATION OF LIABILITY 28
35. DATA PRACTICES ACT .. 28
36. AUDITS .. 28
37. WORKER'S COMPENSATION .. 28
38. DISCRIMINATION 29
39. CONFLICTS 29
40. LIMITATION OF REMEDIES .. 29
41. LICENSURE 29
EXHIBIT A
EXHIBIT B
8098 GLEN LANE LEASE REFERENCE PAGE
PREMISES: 8098 Glen Lane
Eden Prairie, Minnesota 55344
LANDLORD City of Eden Prairie
LANDLORD'S ADDRESS: 8080 Mitchell Road
Eden Prairie, Minnesota 55344
Attn: Economic Development Manager
Telephone 952-949-8300
Federal Tax I.D. #41-0855460
TENANT: Ace DayCare Center, Inc.
TENANT'S ADDRESS: 10259 Lee Drive
Eden Prairie, MN 55347
Att: Mohamed Arab
Telephone 612-871-4816
Federal Tax I.D. #
BUILDING AREA: Approximately 4,750 square feet
USE: Daycare center
TENANT'S TRADE NAMES: Ace DayCare Center
LEASE EXECUTION DATE September 7, 2010
COMMENCEMENT DATE: September 8, 2010
TERMINATION DATE: September 30, 2015
TERM OF LEASE: Approximately 5 years, Beginning on the
Lease Commencement Date and ending on
the Termination Date (unless sooner
terminated pursuant to the Lease)
RENEWAL TERM: Lease is subject to two (2) five (5)-year
renewal Terms, which may be exercised
pursuant to the Lease.
iii
INITIAL ANNUAL RENT: $ 44,333.36 (First 12 months)
INITIAL MONTHLY INSTALLMENT
OF ANNUAL RENT : $ 5,541.67
SECURITY DEPOSIT: $ 11,083.34
ASSIGNMENT/SUBLETTING FEE: None
The Reference Page information is incorporated into and made a part of the Lease. In the
event of any conflict between any Reference Page information and the Lease, the Lease
shall control. This Lease includes Exhibits A and B, both of which are made a part of
this Lease.
LANDLORD: TENANT:
CITY OF EDEN PRAIRIE ACE DAYCARE CENTER, INC.
By: By:
Phil Young, Its Mayor
Its:
By:
Scott H. Neal, Its City Manager By:
Its:
Dated:
Dated:
iv
LEASE
By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises as set
forth and described on the Reference Page. The Reference Page, including all terms defined
thereon, is incorporated as part of this Lease.
1. TERM.
1.1 Landlord shall tender possession of the Premises on September 8, 2010 ("Lease
Commencement Date")and the term of this Lease shall begin on said date.
1.2 This Lease shall have a term of approximately five (5) years, beginning on
September 8, 2010 and ending on September 30, 2015 ("Termination Date").
1.3 Subject to the terms provided herein, and provided Tenant is not in default as
provided in this Lease, Tenant shall have two (2) options to extend the term of
this Lease for a period of five (5) years ("First Option Term" and "Second Option
Term," or collectively "Option Terms") immediately following the initial term
("Options"). The Options granted to Tenant in this Lease are personal to the
original Tenant and may be exercised only by the original Tenant while
occupying the Premises, who does so without the intent of thereafter assigning
this Lease or subletting the Premises or any portion thereof, and may not be
exercised or be assigned, voluntarily or involuntarily, by or to any person or entity
other than Tenant. The Options herein granted to Tenant are not assignable
separate and apart from this Lease, nor may the Options be separated from this
Lease in any manner, whether by reservation or otherwise.
1.3.1 The First Option Term shall be exercised, if at all, by written notice
delivered by Tenant to Landlord not later than six (6) months prior to the
end of the initial term of this Lease. Provided Tenant has properly and
timely exercised the First Option, the initial term of this Lease shall be
extended by the First Option Term, and all terms, covenants and
conditions of the Lease shall remain unmodified and in full force and
effect, except for the Rent, which shall be adjusted pursuant to Paragraph
2.3 below.
1.3.2 The Second Option Term shall be exercised, if at all, by written request
delivered by Tenant to Landlord not later than six (6) months prior to the
end of the First Option Term of this Lease. In the event that Tenant
delivers a request to exercise the Second Option Tenn, Landlord shall
have ninety (90) days to reject the Second Option Term by written notice
to the Tenant. Provided Tenant has properly and timely exercised the
Second Option and the Landlord has not exercised its right to reject the
V
Second Option Term, the term of this Lease shall be extended by the
Second Option Term, and all terms, covenants and conditions of the Lease
shall remain unmodified and in full force and effect, except for the Rent,
which shall be adjusted pursuant to Paragraph 2.3 below.
1.4 Termination Upon Sale of Premises by Landlord. Landlord hereby reserves the
right at any time during the Lease Term, including during any Option Term, to
sell the Premises to a third party. Landlord shall provide Tenant with Three
Hundred and Sixty-Five (365) days notice of Landlord's intent to sell the
Premises. Upon the closing of a sale of the Premises by Landlord, this Lease
shall terminate Three Hundred and Sixty-Five (365) days following the date of
Landlord's notice to Tenant of Landlord's intent to sell the Premises. After
receiving notice of Landlord's intent to sell the Premises, Tenant shall have the
option upon thirty(30) days prior written notice to Landlord of terminating this
Lease at any point before Three Hundred and Sixty-Five (365) days have passed
and may do so upon giving written notice to Landlord.
2. RENT AND SECURITY DEPOSIT.
2.1 Security Deposit. Upon execution of this Lease by both parties, Tenant shall
tender to Landlord the Security Deposit of $11,083.34. If Tenant does not exercise its
right to terminate this Lease pursuant to paragraph 41 hereof, the amount of$5,541.67
shall be applied by Landlord as a credit toward payment of the rent due for month five (5)
of the Lease term. Notwithstanding anything else contained herein, if Tenant terminates
pursuant this Lease to paragraph 41 hereof the Security Deposit is non-refundable to
Tenant and Landlord is entitled to keep the entire Security Deposit.
2.2. Tenant agrees to pay to Landlord the Annual Rent as provided in Section 2.2, by
paying the Monthly Installment of Rent then in effect on or before the first day of
each full calendar month during the Term, except that the first month's payable
rent shall be paid upon the execution of this Lease. The Monthly Installment of
Rent in effect at any time shall be one-twelfth of the Annual Rent in effect at such
time. Rent for any period during the Term which is less than a full month shall be
a prorated portion of the Monthly Installment of Rent based upon a thirty(30) day
month. Said rent shall be paid to Landlord, without deduction or offset and
without notice or demand, at the Landlord's address, as set forth on the Reference
Page, or to such other person or at such other place as Landlord may from time to
time designate in writing.
2.3. The Annual Rent for this lease shall be as follows:
Rent Per Square
Months Foot Per Year Monthly Rent Annual Rent
1-4+* $ 0.00 $ 0.00
2
5 12** $14.00 $5,541.67 $ 44,333.36
13-60 $14.00 $5,541.67 $ 66,500.00
* Months 1-4+ include September 8, 2010 to January 31, 2011.
**Tenant's Monthly Rent payments shall commence on February 1, 2011.
2.4 If Tenant exercises its options to extend he Lease pursuant to Section 1.3 above,
the Annual Rent for each year during the Option Terms shall be as follows: such
Annual Rent payable each year shall be the product calculated by multiplying the
Annual Rent for the preceding year by a fraction, the numerator of which is the
Consumer Price Index for the month that is three (3) months preceding the first
day of the Year of this Lease for which the Annual Base Rent is being calculated
and the denominator of which is the Consumer Price Index that is fifteen (15)
months preceding the first day of the Year of this Lease for which the Annual
Base Rent is being calculated; provided, however, that in no event shall the
Annual Rent for any year be less than the Annual Rent for the immediately
preceding year. Annual Rent during the Option Terms shall be payable in monthly
installments.
As used herein, the term "Consumer Price Index" shall mean Consumer Price
Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items,
1982-84=100, or the successor of that Index, as published by the Bureau of Labor
Statistics, U.S. Department of Labor. Should Landlord lack sufficient data to
make the proper determination on the date of any adjustment, Tenant shall
continue to pay the monthly rent payable immediately prior to the adjustment
date. As soon as Landlord obtains the necessary data, Landlord shall determine
the rent payable from and after such adjustment date and shall notify Tenant of
the adjustment in writing. Should the monthly rent for the period following the
adjustment date exceed the amount previously paid by Tenant for that period,
Tenant shall forthwith pay the difference to Landlord. Should the Consumer Price
Index as above described cease to be published, a reasonably comparable
successor index shall be selected by Landlord. If Tenant objects to the successor
index, the dispute will be resolved and a successor index designated by arbitration
pursuant to the rules and procedures of the American Arbitration Association.
2.5. Tenant recognizes that late payment of any rent or other sum due under this Lease
will result in administrative expense to Landlord, the extent of which additional
expense is extremely difficult and economically impractical to ascertain. Tenant
therefore agrees that if rent or any other sum is not paid within ten (10) days of its
due date and payable pursuant to this Lease, a late charge shall be imposed in an
amount equal to the greater of (a) Fifty Dollars ($50.00), or (b) a sum equal to
five percent (5%) per month of the unpaid rent or other payment. The amount of
the late charge to be paid by Tenant shall be reassessed and added to Tenant's
obligation for each successive monthly period until paid. The provisions of this
Section 2.4 in no way relieve Tenant of the obligation to pay rent or other
3
payments on or before the date on which they are due, nor do the terms of this
Section 2.4 in any way affect Landlord's remedies pursuant to Article 17 of this
Lease in the event said rent or other payment is unpaid after date due.
3. ACCEPTANCE OF PREMISES AS IS.
Landlord shall deliver and Tenant shall accept the Premises in"AS IS"condition and Landlord
shall not be obligated to do any work in or upon the Premises.
4. ADDITIONAL RENT
Any money or sums, other than Annual Rent, due under this Lease shall be considered
additional rent and be due with the next Monthly Installment of Rent, unless otherwise
indicated in this Lease.
5. USE OF PREMISES; TENANT COVENANTS.
5.1. Tenant shall in good faith continuously throughout the Term of this lease conduct
and carry on in the entire Premises under Tenant's Trade Names the type of
business described on the Reference Page and shall not conduct or carry on any
other business without the prior express written consent of Landlord.
5.2. Tenant shall comply with all governmental laws, ordinances and regulations
applicable to the use of the Premises and its occupancy and shall promptly
comply with all governmental orders and directions for the correction, prevention
and abatement of any violations in or upon, or in connection with, the Premises,
all at Tenant's sole expense.
5.3. Tenant shall operate its business in a dignified manner and in accordance with
high standards of a store operation and shall, at all times when the Premises are
open for business to the public, keep the Premises properly equipped with
fixtures, and attended by adequate personnel.
5.4. Tenant agrees to comply with and observe the rules and regulations shown on
Exhibit B. Tenant's failure to keep and observe said rules and regulations shall
constitute a breach of the terms of this Lease as if the same were contained herein
as covenants following the notice and/or cure periods set forth in Section 16.1.2
hereof. Landlord reserves the right from time to time to amend or supplement said
rules and regulations. Notice of such amendments and supplements shall be given
to Tenant and Tenant agrees to comply with and observe all such rules and
regulations, as revised, to the extent the amendments and supplements are not
inconsistent with the rules contained in Exhibit B or any other provision of this
Lease.
4
5.5. Tenant shall at all times herein maintain the Premises. Tenant's maintenance
obligations shall include, but are not limited to, lawn care, snow plowing, snow
shoveling, garbage removed, cleaning, upkeep, and other similar obligations. In
the event that Tenant fails to adequately maintain the Premises, Landlord reserves
the right to perform any and all maintenance on the Premises. In the event that
Landlord performs any such maintenance, Tenant shall reimburse Landlord upon
demand, as additional rent, for any and all costs incurred by Landlord as a result
of performing said maintenance with its next installment of rent due pursuant to
this Lease.
5.6. Tenant shall not, and shall not direct, suffer or permit any of its agents,
contractors, employees, licensees or invitees to at any time handle, use,
manufacture, store or dispose of in or about the Premises any (collectively
"Hazardous Materials") flammables, explosives, radioactive materials, hazardous
wastes or materials, toxic wastes or materials, or other similar substances,
petroleum products or derivatives or any substance subject to regulation by or
under any federal, state and local laws and ordinances relating to the protection of
the environment or the keeping, use or disposition of environmentally hazardous
materials, substances, or wastes, presently in effect or hereafter adopted, all
amendments to any of them, and all rules and regulations issued pursuant to any
of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant
suffer or permit any Hazardous Materials to be used in any manner not fully in
compliance with all Environmental Laws, in the Premises and appurtenant land or
allow the Premises to become contaminated with any Hazardous Materials.
Notwithstanding the foregoing, Tenant may handle, store, use or dispose of
products containing small quantities of Hazardous Materials (such as aerosol cans
containing insecticides, toner for copiers, paints,paint remover and the like) to the
extent customary and necessary for the use of the Premises for the purposes of a
daycare center office purposes; provided that Tenant shall always handle, store,
use, and dispose of any such Hazardous Materials in a safe and lawful manner and
never allow such Hazardous Materials to contaminate the Premises and
appurtenant land or the environment. Tenant shall protect, defend, indemnify and
hold the Landlord harmless from and against any and all loss, claims, liability or
costs (including court costs and attorney's fees) incurred by reason of any actual
or asserted failure of Tenant to fully comply with all applicable Environmental
Laws, or the presence, handling, use or disposition in or from the Premises of any
Hazardous Materials (even though permissible under all applicable Environmental
Laws or the provisions of this Lease), or by reason of any actual or asserted
failure of Tenant to keep, observe, or perform any provision of this Section 5.6.
5.7. Any signs used on the Premises shall comply with the Eden Prairie City Code
then in effect and must be approved by the City of Eden Prairie.
5.8. Tenant shall not allow any smoking, or other use of tobacco products, by Tenant
or any guest, invitee, or other person on the Premises, in any building located on
the Premises.
5
6. ALTERATIONS.
6.1. Tenant shall not make or suffer to be made any alterations or improvements,
including but not limited to, the attachment of any fixtures or equipment in, on, or
to the Premises or any part thereof without prior written consent of Landlord.
6.2. All alterations, additions or improvements proposed by Tenant shall be
constructed in accordance with all government laws, ordinances, rules and
regulations and Tenant shall, prior to construction, provide the additional
insurance required under Article 11 in such case, and also all such assurances to
Landlord, including but not limited to, waivers of liens and surety company
performance bonds, as Landlord shall require to assure payment of the costs
thereof and to protect Landlord and the Premises and appurtenant land against any
loss from any mechanic's, materialmen's or other liens. Tenant shall pay in
addition to any sums due pursuant to Article 4, any increase in Taxes (as defined
in Section 26.1.1) directly attributed to any such alteration, addition or
improvement for so long, during the Term, as such increase is ascertainable; said
sums shall be paid in the same way as sums due under Article 4.
6.3. All alterations, additions, and improvements, including furniture, furnishings,
movable partitions, and other trade fixtures in, on, or to the Premises made or
installed by Tenant, including carpeting, shall be and remain the property of
Tenant during the Term. This shall include any outdoor equipment installed by
Tenant. Everything else on the Premises shall become a part of the realty and
belong to Landlord without compensation to Tenant upon the expiration or sooner
termination of the Term, at which time title shall pass to Landlord under this
Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election
by Landlord, Tenant shall upon demand by Landlord, at Tenant's sole cost and
expense, forthwith and with all due diligence remove any such alterations,
additions or improvements which are designated by Landlord to be removed, and
Tenant shall forthwith and with all due diligence, at its sole cost and expense,
repair and restore the Premises to their original condition, reasonable wear and
tear and damage by fire or other casualty excepted.
7. REPAIRS.
7.1. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or
paint the Premises, except as specified in this Lease. It is hereby understood and
agreed that no representations respecting the condition of the Premises have been
made by Landlord to Tenant, except as specifically set forth in this Lease.
Landlord shall not be liable for any failure to make any repairs or to perform any
6
maintenance unless such failure shall persist for forty-eight (48) hours after
written notice of the need of such repairs or maintenance is given to Landlord by
Tenant. If the repair cannot be completed within forty-eight (48) hours, Landlord
shall not be liable for the failure to complete the repair so long as Landlord has
begun repair and is using its best efforts to complete the repair.
7.2. Tenant shall, at all times during the Term, keep the Premises in good condition
and repair, including windows, glass and plate glass, doors, skylights and special
store entries, interior walls and finish work, floors and floor coverings, electrical
systems and fixtures, plumbing work and fixtures and heating, ventilating and air
conditioning equipment, fire supression system, fire and/ or burglar alarm system,
excepting damage by fire, or other casualty, and in compliance with all applicable
governmental laws, ordinances and regulations, promptly complying with all
governmental orders and directives for the correction, prevention and abatement
of any violations or nuisances in or upon, or connected with, the Premises, all at
Tenant's sole expense. Tenant shall, at its own cost and expense, enter into a
regularly scheduled preventive maintenance/service contract with a maintenance
contractor approved by Landlord for servicing all heating and air conditioning
systems, fire suppression system, fire and/or burglar alarm system and equipment
serving the Premises (and a copy thereof shall be furnished to Landlord).Tenant
shall at its own cost and expense be responsible to enter into monitoring contracts
with private monitoring service providers for fire and/or burglar alarm system and
equipment serving the Premises. The service contract must include all services
suggested by the equipment manufacturer in the operation/maintenance manual
and must become effective within thirty (30) days of the date Tenant takes
possession of the Premises. Landlord may, upon notice to Tenant, enter into such
a maintenance/service contract on behalf of Tenant or perform the work and in
either case, charge Tenant the cost thereof along with a reasonable amount for
Landlord's overhead. In the event that Tenant fails to adequately repair or
maintain the Premises, Landlord reserves the right to perform any and all repairs
or maintenance on the Premises. In the event that Landlord performs any such
repairs or maintenance, Tenant shall reimburse Landlord upon demand, as
additional rent, for any and all costs incurred by Landlord as a result of
performing said repairs or maintenance with its next installment of rent due
pursuant to this Lease following submission to Tenant of an invoice thereof and
reasonable documentation relating thereto.
7.3 Tenant shall, at all times during the Term, perform all on-going maintainance of
the grounds of the Premises, including lawn care, snow plowing, and snow
shoveling. Landlord may, upon notice to Tenant, enter into such a
maintenance/service contract on behalf of Tenant or perform the work and in
either case, charge Tenant the cost thereof along with a reasonable amount for
Landlord's overhead, as well as for exterior painting and major exterior repairs
including the roof.
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8. LIENS.
Tenant shall keep the Premises and appurtenant land and Tenant's leasehold interest in the
Premises free from any liens arising out of any services, work or materials performed,
furnished, or contracted for by Tenant, or obligations incurred by Tenant. In the event that
Tenant shall not, within ten (10) days following the imposition of any such lien, either
cause the same to be released of record or provide Landlord with insurance against the
same issued by a major title insurance company or such other protection against the same
as Landlord shall accept, Landlord shall have the right to cause the same to be released by
such means as it shall deem proper, including payment of the claim giving rise to such lien.
All such sums paid by Landlord and all expenses incurred by it in connection therewith
shall be considered additional rent and shall be payable to it by Tenant on demand.
9. ASSIGNMENT AND SUBLETTING.
9.1. Tenant shall not have the right to assign or pledge this Lease or to sublet the
whole or any part of the Premises whether voluntarily or by operation of law, or
permit the use or occupancy of the Premises by anyone other than Tenant, and
shall not make, suffer or permit such assignment, subleasing or occupancy,
without the prior written consent of Landlord. Said restrictions shall be binding
upon any and all assignees of the Lease and subtenants of the Premises. In the
event Tenant desires to sublet, or permit such occupancy of, the Premises, or any
portion thereof, or assign this Lease, Tenant shall give written notice thereof to
Landlord at least ninety(90) days but no more than one hundred eighty(180) days
prior to the proposed commencement date of such subletting or assignment, which
notice shall set forth the name of the proposed subtenant or assignee, the relevant
terms of any sublease or assignment and copies of financial reports and other
relevant financial reports and other relevant financial information of the proposed
subtenant or assignee.
9.2. Notwithstanding any assignment or subletting, permitted or otherwise, Tenant
shall at all times remain directly, primarily and fully responsible and liable for the
payment of the rent specified in this Lease and for compliance with all of its other
obligations under the terms, provisions and covenants of this Lease. Upon the
occurrence of an Event of Default, if the Premises or any part of them are then
assigned or sublet, Landlord, in addition to any other remedies provided in this
Lease or provided by law, may, at its option, collect directly from such assignee
or subtenant all rents due and becoming due to Tenant under such assignment or
sublease and apply such rent against any sums due to Landlord from Tenant under
this Lease, and no such collection shall be construed to constitute a release of
Tenant from the further performance of Tenant's obligations under this Lease.
9.3. In addition to Landlord's right to approve of any subtenant or assignee, Landlord
shall have the option, in its sole discretion, in the event of any proposed subletting
or assignment, to terminate this Lease, or in the case of a proposed subletting of
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less than the entire Premises, to recapture the portion of the Premises to be sublet,
as of the date the subletting or assignment is to be effective. The option shall be
exercised, if at all, by Landlord giving Tenant written notice within thirty (30)
days following Landlord's receipt of Tenant's written notice as required above. If
this Lease shall be terminated with respect to the entire Premises pursuant to this
Section, the Term of this Lease shall end on the date stated in Tenant's notice as
the effective date of the sublease or assignment as if that date had been originally
fixed in this Lease for the expiration of the Term. If Landlord recaptures under
this Section only a portion of the Premises, the rent to be paid from time to time
during the unexpired Term shall abate proportionately based on the proportion by
which the approximate square footage of the remaining portion of the Premises
shall be less than that of the Premises as of the date immediately prior to such
recapture.
9.4. In the event that Tenant sells, sublets, assigns, or transfers this Lease and the
amount of rent and/or additional rent paid pursuant to the sale, sublease,
assignment, or transfer is greater than the amount of the rent and additional rent
payable under this Lease, Landlord shall have the right to terminate this Lease as
of the effective date of the sale, sublease, assignment, or transfer and enter a new
lease with the purchaser, sublessor, assignee, or transferee under the same terms
and conditions as the sale, sublease, assignment, or transfer. Such termination
shall release Tenant from any and all liability under this Lease.
9.5. Notwithstanding any other provision hereof, Tenant shall have no right to make
(and Landlord shall have the absolute right to refuse consent to) any assignment
of this Lease or sublease of any portion of the Premises if at the time of either
Tenant's notice of the proposed assignment or sublease or the proposed
commencement date thereof, there shall exist any uncured default of Tenant or
matter which will become a default of Tenant with passage of time unless cured,
or if the proposed assignee or sublessee is an entity: (a) which Landlord is
already in negotiation as evidenced by the issuance of a written proposal; (b) is
incompatible with the character of occupancy of the Premises; or (c) would
subject the Premises to a use which would: (i) involve increased personnel or
wear upon the Premises; (ii) require any addition to or modification of the
Premises or the Premises in order to comply with building code or other
governmental requirements; or, (iii) involve violation of Section 5.6. Tenant
expressly agrees that Landlord shall have the absolute right to refuse consent to
any such assignment or sublease and that for the purposes of any statutory or
other requirement of reasonableness on the part of Landlord such refusal shall be
reasonable.
10. INDEMNIFICATION.
The Landlord shall not be liable and Tenant hereby waives all claims against Landlord
for any damage to any property or any injury to any person in or about the Premises by or
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from any cause whatsoever (including without limiting the foregoing, rain or water
leakage of any character from the roof, windows, walls,basement, pipes, plumbing works
or appliances, the Premises not being in good condition or repair, gas, fire, oil, electricity
or theft), except to the extent caused by or arising from the negligence or intentional act
of Landlord or its agents, employees or contractors. Tenant shall protect, indemnify and
hold the Landlord harmless from and against any and all loss, claims, liability or costs
(including court costs and attorney's fees) incurred by reason of(a) any damage to any
property (including but not limited to property of Landlord) or any injury (including but
not limited to death) to any person occurring in, on or about the Premises to the extent
that such injury or damage shall be caused by or arise from any act, neglect, fault, or
omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any
standards imposed by any duty with respect to the injury or damage; (b) the conduct or
management of any work or thing whatsoever done by the Tenant in or about the
Premises or from transactions of the Tenant concerning the Premises; (c) Tenant's failure
to comply with any and all govenmental laws, ordinances and regulations applicable to
the condition or use of the Premises or its occupancy; or (d) any breach or default on the
part of Tenant in the performance of any covenant or agreement on the part of the Tenant
to be performed pursuant to this Lease. The provisions of this Article shall survive the
termination of this Lease with respect to any claims or liability accruing prior to such
termination.
11. INSURANCE.
11.1. Tenant shall keep in force throughout the Term at Tenant's expense:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed
Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit(shall include
coverage for all owned, hired and non-owed
vehicles.
Umbrella or Excess Liability $2,000,000
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All Risk or Special Form coverage protecting Tenant against loss of or damage to
Tenant's alterations, additions, improvements, carpeting, floor coverings,
panelings, decorations, fixtures, inventory, plate glass and other business personal
property situated in or about the Premises to the full replacement value of the
property so insured; and,
Business Interruption Insurance with limit of liability representing loss of at least
approximately six months of income.
11.2 Comprehensive General/Commercial General Liability policies shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion(XCU).
b. Personal injury with Employment Exclusion (if any) deleted.
c. Broad Form CG0001 0196 Contractual Liability coverage or its
equivalent.
d. Broad Form Property Damage coverage, including completed operations,
or its equivalent.
e. Additional Insured Endorsement(s) on ISO form CG 2010, or its
equivalent, naming"the City of Eden Prairie."
f. Severability of Insureds provision.
11.3 Tenant shall maintain in effect all insurance coverages required under this
Paragraph at Tenant'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 Landlord in writing. In addition to
the requirements stated above, the following applies to the insurance policies
required under this Paragraph:
a. All polices shall be written on an "occurrence" form ("claims made" and
"modified occurrence" forms are not acceptable);
b. All policies, except the Worker's Compensation Policies, shall contain a
waiver of subrogation naming "the City of Eden Prairie";
c. All policies, except the Worker's Compensation Policies, shall name "the
City of Eden Prairie" as an additional insured;
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d. All policies, except the Worker's Compensation Policies, shall insure the
defense and indemnity obligations assumed by Tenant under this
Agreement; and
e. All polices shall contain a provision that coverages afforded there under
shall not be canceled or non-renewed or restrictive modifications added,
without thirty(30) days prior written notice to the Landlord.
A copy of the Tenant's Certificate of Insurance which evidences the compliance
with this Section 11 must be filed with Landlord prior to the Commencement
Date. Upon request a copy of the Tenant's insurance declaration page, Rider
and/or Endorsement, as applicable shall be provided. Such documents evidencing
Insurance shall be in a form acceptable to Landlord and shall provide satisfactory
evidence that Tenant has complied with all insurance requirements. Renewal
certificates shall be provided to Landlord prior to the expiration date of any of the
required policies. Landlord will not be obligated, however, to review such
declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Tenant of any deficiencies in such documents and receipt
thereof shall not relieve Tenant from, nor be deemed a waiver of, Landlord's right
to enforce the terms of Tenant's obligations hereunder. Landlord reserves the
right to examine any policy provided for under this paragraph.
11.3 Effect of Tenant's Failure to Provide Insurance. If Tenant fails to provide the
specified insurance, then Tenant will defend, indemnify and hold harmless the
Landlord, the Landlord's officials, agents and employees from any loss, claim,
liability and expense (including reasonable attorney's fees and expenses of
litigation) to the extent necessary to afford the same protection as would have been
provided by the specified insurance. Except to the extent prohibited by law, this
indemnity applies regardless of any strict liability or negligence attributable to the
Landlord (including sole negligence) and regardless of the extent to which the
underlying occurrence (i.e., the event giving rise to a claim which would have been
covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Tenant, its
subcontractors, agents, employees or delegates. Tenant agrees that this indemnity
shall be construed and applied in favor of indemnification. Tenant also agrees that
if applicable law limits or precludes any aspect of this indemnity, then the
indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the Landlord may require
Tenant to:
a. Furnish and pay for a surety bond, satisfactory to the Landlord,
guaranteeing performance of the indemnity obligation; or
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b. Furnish a written acceptance of tender of defense and indemnity from
Tenant's insurance company.
Tenant will take the action required by the Landlord within fifteen (15) days of
receiving notice from the Landlord.
11.4. Whenever Tenant shall undertake any alterations, additions or improvements in,
to or about the Premises ("Work") the aforesaid insurance protection must extend
to and include injuries to persons and damage to property arising in connection
with such Work, without limitation including liability under any applicable
structural work act, and such other insurance as Landlord shall require; and the
policies of or certificates evidencing such insurance must be delivered to
Landlord prior to the commencement of any such Work. Tenant shall also require
surety payment and performance bonds, or other similar security approved by
Landlord for any Work done on the Premises.
12. SERVICES AND UTILITIES.
Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system
charges and other utilities and services used on or from the Premises, together with any
taxes,penalties and surcharges or the like pertaining thereto and any maintenance charges
for such utilities. If any such services are not separately metered to Tenant, Tenant shall
pay all such charges determined by Landlord, in its sole discretion, to be reasonable. Any
such charges paid by Landlord and assessed against Tenant shall be immediately payable
to Landlord on demand and shall be additional rent hereunder. Landlord shall not be
liable for any interruption or failure of utility services on or to the Premises unless the
interruption or failure of service is caused by the negligence or intentional act of
Landlord or any of Landlord's officers, directors, employees, or agents.
13. HOLDING OVER.
Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part
thereof after termination of this Lease by lapse of time or otherwise at the then market
rental value of the Premises as determined by Landlord assuming a new lease of the
Premises of the then usual duration and other terms, prorated on a daily basis ("Holdover
Rate"), and also pay all damages sustained by Landlord by reason of such retention. If
Landlord gives notice to Tenant of Landlord's election to that effect, such holding over
shall constitute renewal of this Lease for a period from month to month at the Holdover
Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding
acceptance by Landlord of any sums due hereunder after such termination; and instead, a
tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any
event, no provision of this Article 13 shall be deemed to waive Landlord's right of
reentry or any other right under this Lease or at law.
14. SUBORDINATION.
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Without the necessity of any additional document being executed by Tenant for the
purpose of effecting a subordination, this Lease shall be subject and subordinate at all
times to ground or underlying leases and to the lien of any mortgages or deeds of trust now
or hereafter placed on, against or affecting the Premises, Landlord's interest or estate in the
Premises, or any ground or underlying lease, provided, however, that (i) if the lessor,
mortgagee, trustee, or holder of any such mortgage or deed of trust agrees not to materially
disturb Tenant or Tenants use of the Premises or Tenant's rights hereunder and so long as
no event of Default has occurred and is continuing, and (ii) if the lessor, mortgagee,
trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in
this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be
deemed superior, whether this Lease was executed before or after said instrument.
Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver upon
demand such further instruments evidencing such subordination or superiority of this
Lease as may be required by Landlord.
15. REENTRY BY LANDLORD.
Landlord reserves and shall at all times have the right to re-enter the Premises, without
notice, to inspect the same, to supply any service to be provided by Landlord to Tenant
under this Lease, to show said Premises to prospective purchasers, mortgagees or tenants,
and to alter, improve or repair the Premises and any portion of the Premises, without
abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes,
conduits and other necessary structures and open any wall, ceiling or floor in and through
the Premises where reasonably required by the character of the work to be performed.
Landlord may enter the Premises without notice in the event of a burglary, fire, medical
emergency, natural disaster, or other similar emergency, but shall in other cases provide
24 hours' notice and schedule such entry so as to minimize interference with Tenant's
business and permit Tenant to safeguard confidential files in the Premises. Tenant hereby
waives any claim for damages for any injury or inconvenience to or interference with
Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any
other loss occasioned by any action of Landlord authorized by this Article 15. Nothing in
this Article 15 waives or shall be construed as waiving any claim by Tenant for any
negligent or intentional act of Landlord or any employee, contractor, or agent of Landlord
which in any way damages Tenant or Tenant's rights under this Lease. In the event that
Landlord discovers a defect or other problem with the premises during such re-entry,
Landlord may correct the defect or problem and Tenant shall reimburse Landlord on
demand, as additional rent, for any expenses which Landlord may incur in correcting the
defect or problem provided that Tenant was responsible for the repair of the defect or
problem pursuant to Article 7.2 of this Lease.
16. DEFAULT.
16.1. Except as otherwise provided in Article 18, the following events shall be deemed
to be Events of Default under this Lease:
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16.1.1. Tenant shall fail to pay when due any sum of money becoming due to be
paid to Landlord under this Lease, whether such sum be any installment of
the rent reserved by this Lease, any other amount treated as additional rent
under this Lease, or any other payment or reimbursement to Landlord
required by this Lease, whether or not treated as additional rent under this
Lease, and such failure shall continue for a period of five days after
written notice that such payment was not made when due, but if any such
notice shall be given, for the twelve month period commencing with the
date of such notice, the failure to pay within five days after due any
additional sum of money becoming due to be paid to Landlord under this
Lease during such period shall be an Event of Default, without notice.
16.1.2. Tenant shall fail to comply with any term, provision or covenant of this
Lease which is not provided for in another Section of this Article and shall
not cure such failure within twenty (20) days (forthwith, if the failure
involves a hazardous condition) after written notice of such failure to
Tenant or if such failure cannot reasonably be cured with such twenty (20)
days, Tenant shall fail to commence such cure within such twenty(20) day
period and diligently pursue the same to completion.
16.1.3. Tenant shall abandon or vacate any substantial portion of the Premises or
cease continuously operating its business therein.
16.1.4. Tenant shall fall to vacate the Premises immediately upon termination of
this Lease, by lapse of time or otherwise, or upon termination of Tenant's
right to possession only.
16.1.5. Tenant shall become insolvent, admit in writing its inability to pay its
debts generally as they become due, file a petition in bankruptcy or a
petition to take advantage of any insolvency statute, make an assignment
for the benefit of creditors, make a transfer in fraud of creditors, apply for
or consent to the appointment of a receiver of itself or of the whole or any
substantial part of its property, or file a petition or answer seeking
reorganization or arrangement under the federal bankruptcy laws, as now
in effect or hereafter amended, or any other applicable law or statute of the
United States or any state thereof.
16.1.6. A court of competent jurisdiction shall enter an order,judgment or decree
adjudicating Tenant bankrupt, or appointing a receiver of Tenant, or of the
whole or any substantial part of its property, without the consent of
Tenant, or approving a petition filed against Tenant seeking reorganization
or arrangement of Tenant under the bankruptcy laws of the United States,
as now in effect or hereafter amended, or any state thereof, and such order,
15
judgment or decree shall not be vacated or set aside or stayed within thirty
(30) days from the date of entry thereof
17. REMEDIES.
17.1. Except as otherwise provided in Article 18, upon the occurrence of any of the
Events of Default described or referred to in Article 16, Landlord shall have the
option to pursue any one or more of the following remedies without any notice or
demand whatsoever, concurrently or consecutively and not alternatively:
17.1.1. Landlord may, at its election, terminate this Lease or terminate Tenant's
right to possession only, without terminating the Lease.
17.1.2. Upon any termination of this Lease, whether by lapse of time or otherwise,
or upon any termination of Tenant's right to possession without
termination of the Lease, Tenant shall surrender possession and vacate the
Premises immediately, and deliver possession thereof to Landlord, and
Tenant hereby grants to Landlord full and free license to enter into and
upon the Premises in such event as permitted by law and to repossess
Landlord of the Premises as of Landlord's former estate and to expel or
remove Tenant and any others who may be occupying or be within the
Premises and to remove Tenant's signs and other evidence of tenancy and
all other property of Tenant therefrom without being deemed in any
manner guilty of trespass, eviction or forcible entry or detainer, and
without incurring any liability for any damage resulting therefrom, Tenant
waiving any right to claim damages for such reentry and expulsion, and
without relinquishing Landlord's right to rent or any other right given to
Landlord under this Lease or by operation of law.
17.1.3. Upon any termination of this Lease, whether by lapse of time or otherwise,
Landlord shall be entitled to recover as damages, all rent, including any
amounts treated as additional rent under this Lease, and other sums due
and payable by Tenant on the date of termination, plus as liquidated
damages and not as a penalty, an amount equal to the sum of (a) an
amount equal to the then present value of the rent reserved in this Lease
for the residue of the stated Term of this Lease including any amounts
treated as additional rent under this Lease and all other sums provided in
this Lease to be paid by Tenant, minus the fair rental value of the Premises
for such residue; (b) the value of the time and expense necessary to obtain
a replacement tenant or tenants, and the estimated expenses described in
Section 16.1.4. relating to recovery of the Premises, preparation for
reletting and for reletting itself, and (c) the cost of performing any other
covenants which would have otherwise been performed by Tenant.
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17.1.4. Upon any termination of Tenant's right to possession only without
termination of the Lease:
17.1.4.1 Neither such termination of Tenant's right to possession nor
Landlord's taking and holding possession thereof as
provided in Section 17.1.2 shall terminate the Lease or
release Tenant, in whole or in part, from any obligation,
including Tenant's obligation to pay the rent, including any
amounts treated as additional rent, under this Lease for the
full Term, and if Landlord so elects Tenant shall pay
forthwith to Landlord the sum equal to the entire amount of
the rent, including any amounts treated as additional rent
under this Lease, for the remainder of the Term plus any
other sums provided in this Lease to be paid by Tenant for
the remainder of the Term.
17.1.4.2 Landlord shall use its best efforts to relet the Premises or
any part thereof for such rent and upon such terms as
Landlord, in its sole discretion, shall determine (including
the right to relet the premises for a greater or lesser term
than that remaining under this Lease, the right to relet the
Premises as a part of a larger area, and the right to change
the character or use made of the Premises). In connection
with or in preparation for any reletting, Landlord may, but
shall not be required to, make repairs, alterations and
additions in or to the Premises and redecorate the same to
the extent Landlord deems necessary or desirable, and
Tenant shall, upon demand, pay the cost thereof, together
with Landlord's expenses of reletting, including, without
limitation, any commission incurred by Landlord.
Landlord and Tenant agree that nevertheless Landlord shall
at most be required to use only the same efforts Landlord
then uses to lease premises generally and that in any case
that Landlord shall not be required to give any preference
or priority to the showing or leasing of the Premises over
any other space that Landlord may be leasing or have
available and may place a suitable prospective tenant in any
such other space regardless of when such other space
becomes available. Landlord shall not be required to
observe any instruction given by Tenant about any reletting
or accept any tenant offered by Tenant unless such offered
tenant has a credit worthiness acceptable to Landlord and
leases the entire Premises upon terms and conditions
including a rate of rent (after giving effect to all
expenditures by Landlord for tenant improvements,
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broker's commissions and other leasing costs) all no less
favorable to Landlord than as called for in this Lease, nor
shall Landlord be required to make or permit any
assignment or sub lease for more than the current term or
which Landlord would not be required to permit under the
provisions of Article 9.
17.1.4.3 Until such time as Landlord shall elect to terminate the
Lease and shall thereupon be entitled to recover the
amounts specified in such case in Section 17.1.3, Tenant
shall pay to Landlord upon demand the full amount of all
rent, including any amounts treated as additional rent under
this Lease and other sums reserved in this Lease for the
remaining Term, together with the costs of repairs,
alterations, additions, redecorating and Landlord's expenses
of reletting and the collection of the rent accruing
therefrom (including attorney's fees and broker's
commissions), as the same shall then be due or become due
from time to time pursuant to the terms of this Lease, less
only such consideration as Landlord may have received
from any reletting of the Premises; and Tenant agrees that
Landlord may file suits from time to time to recover any
sums falling due under this Article 17 as they become due.
Any proceeds of reletting by Landlord in excess of the
amount then owed by Tenant to Landlord from time to time
shall be credited against Tenant's future obligations under
this Lease but shall not otherwise be refunded to Tenant or
inure to Tenant's benefit.
17.2. Landlord may, at Landlord's option, enter into and upon the Premises after
providing 24 hours' notice, except in the case of an emergency or where
immediate action is necessary in which events no notice is required, if Landlord
determines in its sole discretion that Tenant is not acting within a commercially
reasonable time to maintain, repair or replace anything for which Tenant is
responsible under this Lease and correct the same, without being deemed in any
manner guilty of trespass, eviction or forcible entry and detainer and without
incurring any liability for any damage or interruption of Tenant's business
resulting therefrom. To the extent practical Landlord shall schedule such entry so
as to minimize interference with Tenant's business and permit Tenant to
safeguard confidential files in the Premises. If Tenant shall have vacated the
Premises, Landlord may at Landlord's option re-enter the Premises at any time
during the last six months of the then current Term of this Lease and make any
and all such changes, alterations, revisions, additions and tenant and other
improvements in or about the Premises as Landlord shall elect, all without any
abatement of any of the rent otherwise to be paid by Tenant under this Lease.
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17.3. .In the case of litigation between the parties to enforce the terms of this Lease, the
non-prevailing party shall be liable for the reasonable attorney fees of the
prevailing party.
17.4. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the
other remedies provided in this Lease or any other remedies provided by law (all
such remedies being cumulative), nor shall pursuit of any remedy provided in this
Lease constitute a forfeiture or waiver of any rent due to Landlord under this
Lease or of any damages accruing to Landlord by reason of the violation of any of
the terms, provisions and covenants contained in this Lease.
17.5. No act or thing done by Landlord or its agents during the Term shall be deemed a
termination of this Lease or an acceptance of the surrender of the Premises, and
no agreement to terminate this Lease or to accept a surrender of said Premises
shall be valid, unless in writing signed by Landlord. No waiver by Landlord of
any violation or breach or Event of Default of any of the terms, provisions and
covenants contained in this Lease shall be deemed or construed to constitute a
waiver of any other violation or breach or Event of Default of any of the terms,
provisions and covenants contained in this Lease. Landlord's acceptance of the
payment of rental or other payments after the occurrence of a violation, breachor
Event of Default shall not be construed as a waiver of such default, unless
Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one
or more of the remedies provided in this Lease upon a violation, breach or Event
of Default shall not be deemed or construed to constitute a waiver of such
violation, breach or Event of Default or of Landlord's right to enforce any such
remedies with respect to such violation, breach or Event of Default or any
subsequent violation, breach or Event of Default.
18. TENANT'S BANKRUPTCY OR INSOLVENCY.
18.1. If at any time and for so long as Tenant shall be subjected to the provisions of the
United States Bankruptcy Code or other law of the United States or any state
thereof for the protection of debtors as in effect at such time (each a "Debtor's
Law"):
18.1.1. Tenant, Tenant as debtor-in-possession, and any trustee or receiver of
Tenant's assets (each a "Tenant's Representative") shall have no greater
right to assume or assign this Lease or any interest in this Lease, or to sub
lease any of the Premises than accorded to Tenant in Article 9, except to
the extent Landlord shall be required to permit such assumption,
assignment or sublease by the provisions of such Debtor's Law. Without
limitation of the generality of the foregoing, any right of any Tenant's
Representative to assume or assign this Lease or to sublease any of the
Premises shall be subject to the conditions that:
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18.1.1.1. Such Debtor's Law shall provide to Tenant's
Representative a right of assumption of this Lease which
Tenant's Representative shall have timely exercised and
Tenant's Representative shall have fully cured any default
of Tenant under this Lease.
18.1.1.2. Tenant's Representative or the proposed assignee, as the
case shall be, shall have deposited with Landlord as
security for the timely payment of rent an amount equal to
three months' rent and other monetary charges accruing
under this Lease; and shall have provided Landlord with
adequate other assurance of the future performance of the
obligations of the Tenant under this Lease. Without
limitation, such assurances shall include, at least, in the
case of assumption of this Lease, demonstration to the
satisfaction of the Landlord that Tenant's Representative
has and will continue to have sufficient unencumbered
assets after the payment of all secured obligations and
administrative expenses to assure Landlord that Tenant's
Representative will have sufficient funds to fulfill the
obligations of Tenant under this Lease; and, in the case of
assignment, submission of current financial statements of
the proposed assignee, audited by an independent certified
public accountant reasonably acceptable to Landlord and
showing a net worth and working capital in amounts
determined by Landlord to be sufficient to assure the future
performance by such assignee of all of the Tenant's
obligations under this Lease.
18.1.1.3. The assumption or any contemplated assignment of this
Lease or subleasing of any part of the Premises, as shall be
the case, will not breach any provision in any other lease,
mortgage, financing agreement or other agreement by
which Landlord is bound.
18.1.1.4. Landlord shall have no right under Article 9 to refuse
consent to the proposed assignment or sublease by reason
of the identity or nature of the proposed assignee or
sublessee or the proposed use of the Premises concerned.
19. QUIET ENJOYMENT.
Landlord represents and warrants that it has full right and authority to enter into this
Lease and that Tenant, while paying the rental and performing its other covenants and
agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the
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Premises for the Term without hindrance or molestation from Landlord subject to the
terms and provisions of this Lease. Landlord shall not be liable for any interference or
disturbance by other tenants or third persons, nor shall Tenant be released from any of the
obligations of this Lease because of such interference or disturbance.
20. DAMAGE BY FIRE, ETC.
20.1. In the event that the Premises is damaged by fire or other cause Landlord shall
have the option of either terminating the Lease immediately and be under no
obligation to rebuild the Premises or continue the Lease and rebuild the Premises.
Within forty-five (45) days from the date of such damage, Landlord shall notify
Tenant, in writing, of Landlord's decision to rebuild the Premises or terminate the
Lease. If Landlord decides to rebuild the Premises, Landlord shall within forty-
five (45) days, notify Tenant of Landlord's reasonable estimation of the length of
time within which material restoration can be made, and Landlord's determination
shall be binding on Tenant. For purposes of this Lease, the Premises shall be
deemed"materially restored" if they are in such condition as would not prevent or
materially interfere with Tenant's use of the Premises for the purpose for which it
was being used immediately before such damage.
20.2. If the Premises can be materially restored within ninety days (90), in Landlord's
reasonable estimation, this Lease shall remain in full force and effect, except that
Tenant shall be entitled to a proportionate abatement in rent including any Taxes
or any other expense incurred by Tenant under this Lease, from the date of such
damage. Such abatement of rent shall be made pro rata in accordance with the
extent to which the damage and the making of such repairs shall interfere with the
use and occupancy by Tenant of the Premises from time to time.
20.3. If the Premises cannot be repaired within ninety (90) days, in Landlord's
reasonable estimation, Tenant shall have the option of giving the Landlord, at any
time within sixty (60) days after such damage, notice terminating this Lease as of
the date of such damage. In the event of the giving of such notice, this Lease
shall expire and all interest of the Tenant in the Premises shall terminate as of the
date of such damage as if such date had been originally fixed in this Lease for the
expiration of the Term.
20.4. In the event that neither Landlord nor Tenant exercises its option to terminate this
Lease, then Landlord shall repair or restore such damage, this Lease continuing in
full force and effect, and the rent hereunder shall be proportionately abated as
provided in Section 20.2.
20.5. Landlord shall not be required to repair or replace any damage or loss by or from
fire or other cause to any panelings, decorations, partitions, additions, railings,
ceilings, floor coverings, office fixtures or any other property or improvements
installed on the Premises or belonging to Tenant. If any damage by fire or other
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cause is the result of the intentional act, or negligence of Tenant, Landlord shall
be under no obligation to repair the Premises and Tenant shall be liable for any
such damages. Any insurance which may be carried by Landlord or Tenant
against loss or damage to the Premises shall be for the sole benefit of the party
carrying such insurance and under its sole control.
20.6. In the event that Landlord should fail to complete such repairs and material
restoration within sixty (60) days after the date estimated by Landlord pursuant to
Section 20.1, Tenant may at its option and as its sole remedy terminate this Lease
by delivering written notice to Landlord, within thirty (30) days after the
expiration of said period of time, whereupon the Lease shall end on the date of
such notice or such later date fixed in such notice as if the date of such notice was
the date originally fixed in this Lease for the expiration of the Term; provided,
however, that if construction is delayed because of changes, deletions or additions
in construction requested by Tenant, strikes, lockouts, casualties, Acts of God,
war, material or labor shortages, government regulation or control or other causes
beyond the reasonable control of Landlord, the period for restoration, repair or
rebuilding shall be extended for the amount of time Landlord is so delayed.
20.7. Notwithstanding anything to the contrary contained in this Article: (a) Landlord
shall not have any obligation whatsoever to repair, reconstruct, or restore the
Premises when the damages resulting from any casualty covered by the provisions
of this Article 20 occur during the last twelve (12) months of the Term or any
extension thereof, but if Landlord determines not to repair such damages Landlord
shall notify Tenant and if such damages shall render any material portion of the
Premises untenantable Tenant shall have the right to terminate this Lease by
notice to Landlord within thirty (30) days after receipt of Landlord's ` notice; and
(b) in the event the holder of any indebtedness secured by a mortgage or deed of
trust covering the Premises requires that any insurance proceeds be applied to
such indebtedness, then Landlord shall have the right to terminate this Lease by
delivering written notice of termination to Tenant within thirty (30) days after
such requirement is made by any such holder, whereupon this Lease shall end on
the date of such damage as if the date of such damage were the date originally
fixed in this Lease for the expiration of the term.
20.8. In the event of any damage or destruction to the Premises by any peril covered by
the provisions of this Article 20, it shall be Tenant's responsibility to properly
secure the Premises and upon notice from Landlord to remove forthwith, at its
sole cost and expense, such portion of all of the property belonging to Tenant or
its licensees from such portion or all of the Premises as Landlord shall request.
21. EMINENT DOMAIN.
If all or any substantial part of the Premises shall be taken or appropriated by any public or
quasi-public authority under the power of eminent domain, or conveyance in lieu of such
22
appropriation, either party to this Lease shall have the right, at its option, of giving the
other, at any time within thirty (30) days after such taking, notice terminating this Lease,
except that Tenant may only terminate this Lease by reason of taking or appropriation, if
such taking or appropriation shall be so substantial as to interfere with Tenant's use and
occupancy of the Premises. If neither party to this Lease shall so elect to terminate this
Lease, the rental thereafter to be paid shall be adjusted on a fair and equitable basis under
the circumstances. In addition to the rights of Landlord above, if any substantial part of
the Premises shall be taken or appropriated by any public or quasi-public authority under
the power of eminent domain or conveyance in lieu thereof, and regardless of whether the
Premises or any part thereof are so taken or appropriated, Landlord shall have the right, at
its sole option, to terminate this Lease. Landlord shall be entitled to any and all income,
rent, award, or any interest whatsoever in or upon any such sum, which may be paid or
made in connection with any such public or quasi-public use or purpose, and Tenant
hereby assigns to Landlord any interest it may have in or claim to all or any part of such
sums, other than any separate award which may be made with respect to Tenant's trade
fixtures and moving expenses; Tenant shall make no claim for the value of any unexpired
Term.
22. SALE BY LANDLORD.
In event of a sale or conveyance by Landlord of the Premises, the same shall operate to
release Landlord from any future liability upon any of the covenants or conditions,
expressed or implied, contained in this Lease in favor of Tenant, and in such event
Tenant agrees to look solely to the ability of the successor interest of Landlord in and to
this Lease. Except as set forth in this Article 22, this Lease shall not be affected by any
such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has
been given by Tenant to secure the faithful performance of any of the covenants of this
Lease, Landlord may transfer or deliver said security, as such, to Landlord's successor in
interest and upon delivery to Tenant of such successor's written acceptance of said
security, Landlord shall be discharged from any further liability with regard to said
security.
23. ESTOPPEL CERTIFICATES.
Within ten calendar (10) days following any written request which Landlord may make
from time to time, Tenant shall execute and deliver to Landlord or mortgagee or
prospective mortgagee a sworn statement certifying: (a) the date of commencement of
this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if
there have been modifications to this Lease, that this lease is in full force and effect, as
modified, and stating the date and nature of such modifications); (c) the date to which the
rent and other sums payable under this Lease have been paid; (d) the fact that there are no
current defaults under this Lease by either Landlord or Tenant except as specified in
Tenant's statement; and (e) such other matters as may be requested by Landlord.
Landlord and Tenant intend that any statement delivered pursuant to this Article 23 may
be relied upon by any mortgagee, beneficiary or purchaser and Tenant shall be liable for
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all loss, cost or expense resulting from the failure of any sale or funding of any loan
caused by any material misstatement contained in such estoppel certificate. Tenant
irrevocably agrees that if Tenant fails to execute and deliver such certificate within such
ten (10) day period Landlord or Landlord's beneficiary or agent may execute and deliver
such certificate on Tenant's behalf, and that such certificate shall be fully binding on
Tenant.
24. SURRENDER OF PREMISES.
24.1. Tenant shall, at least thirty (30) days before the last day of the Term, arrange to
meet Landlord for a joint inspection of the Premises. In the event of Tenant's
failure to arrange such joint inspection to be held prior to vacating the Premises,
Landlord's inspection at or after Tenant's vacating the Premises shall be
conclusively deemed correct for purposes of determining Tenant's responsibility
for repairs and restoration.
24.2. At the end of the Term or any renewal of the Term or other sooner termination of
this Lease, Tenant will peaceably deliver up to Landlord possession of the
Premises, together with all improvements or additions upon or belonging to the
same, by whom so ever made, in the same conditions received or first installed,
broom clean and free of all debris, excepting only ordinary wear and tear and
damage by fire or other casualty. Tenant may, and at Landlord's request shall, at
Tenant's sole cost, remove upon termination of this Lease, any and all furniture,
furnishings, movable partitions of less than full height from floor to ceiling, trade
fixtures and other property installed by Tenant, title to which shall not be in or
pass automatically to Landlord upon such termination, repairing all damage
caused by such removal. Property not so removed shall, unless requested to be
removed, be deemed abandoned by the Tenant and title to the same shall
thereupon pass to Landlord under this Lease as by a bill of sale. All other
alterations, additions and improvements in, on or to the Premises shall be dealt
with and disposed of as provided in Article 6 hereof.
24.3. All obligations of Tenant under this Lease not fully performed as of the expiration
or earlier termination of the Term shall survive the expiration or earlier
termination of the Term. In the event that Tenant's failure to perform prevents
Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant
to the provisions of Article 13 until such performance is complete. Upon the
expiration or earlier termination of the Term, Tenant shall pay to Landlord the
amount, as estimated by Landlord, necessary to repair and restore the Premises as
provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts
due or to become due to Landlord. All such amounts shall be used and held by
Landlord for payment of such obligations of Tenant, with Tenant being liable for
any additional costs upon demand by Landlord, or with any excess to be returned
to Tenant after all such obligations have been determined and satisfied. Any
24
otherwise unused Security Deposit shall be credited against the amount payable
by Tenant under this Lease.
25. NOTICES.
Any notice or document required or permitted to be delivered under this Lease shall be
addressed to the intended recipient, shall be transmitted personally, by fully prepaid
registered or certified United States Mail return receipt requested, or by reputable
independent contract delivery service furnishing a written record of attempted or actual
delivery, and shall be deemed to be delivered when tendered for delivery to the addressee
at its address set forth on the Reference Page, or at such other address as it has then last
specified by written notice delivered in accordance with this Article 25.
26. TAXES PAYABLE BY TENANT.
26.1 Tenant shall be responsible for payment to the appropraite taxing authority of all
Taxes as defined in Section 26.1.1. Tenant shall inform all taxing authority's of
Tenant's obligation for the Taxes and request any notice for Taxes be sent directly
to Tenant with a copy to Landlord. Tenant shall pay Taxes directly to the taxing
authority without any further request from Landlord. Tenant shall notify
Landlord of all payment of Taxes made by Tenant. In the event that Tenant does
not pay any of the Taxes, Landlord shall have the right to pay the Taxes. In the
event that Landlord pays any Taxes, Tenant shall, upon demand, reimburse
Landlord for any Taxes paid and any additional costs incurred by Landlord as a
result of making such payments.
26.1.1 "Taxes" shall be defined as:, real estate taxes and any other taxes, charges
and assessments which are levied with respect to the Premises or the land
appurtenant to the Premises, or with respect to any improvements, fixtures
and equipment or other property of Landlord, real or personal, located in
the Premises and used in connection with the operation of the Premises
and said land, including without limitaton all taxes payable pursuant to
Minnesota Statutes Section 272.01, Subd. 2. Taxes inlcude all fees,
expenses and costs incurred by Landlord in Investigating, protesting,
contesting or in any way seeking to reduce or avoid increase in any
assessments, levies or the tax rate pertaining to any Taxes to be paid by
Landlord in any Lease Year. Taxes shall not include any corporate
franchise, or estate, inheritance or net income tax, or tax imposed upon
any transfer by Landlord of its interest in this Lease or the Premises.
26.2 In addition to Rent, Taxes, and other charges to be paid by Tenant under this
Lease, Tenant shall reimburse to Landlord, upon demand, any new taxes imposed
by a federal, state, or local government upon Landlord that Landlord is obligated
to pay as a result of Tenant's use of the premises under this Lease.
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26.3 If the Commencement Date is other than January 1 or if the Termination Date is
other than December 31, Tenant's liability for Taxes for the Lease Year in which
said Date occurs shall be prorated based upon a three-hundred sixty-five (365)
day year.
27. DEFINED TERMS AND HEADINGS.
The Article headings shown in this Lease are for convenience of reference and shall in no
way define, increase, limit or describe the scope or intent of any provision of this Lease.
Any indemnification or insurance of Landlord shall apply to and inure to the benefit of
Landlord and any of its elected or appointed officials, employees, officers, directors, and
agents. Any option granted to Landlord shall also include or be exercisable by
Landlord's trustee, beneficiary, agents and employees, as the case may be. In any case
where this Lease is signed by more than one person, the obligations under this Lease shall
be joint and several. The terms "Tenant" and "Landlord" or any pronoun used in place
thereof shall indicate and include the masculine or feminine, the singular or plural
number, individuals, firms or corporations, and each of their respective successors,
executors, administrators and permitted assigns, according to the context hereof Tenant
hereby accepts and agrees to be bound by the figures for the space footage of the
Premises shown on the Reference Page.
28. TENANT'S AUTHORITY.
If Tenant signs as a corporation each of the persons executing this Lease on behalf of
Tenant represents and warrants that Tenant has been and is qualified to do business in the
state in which the Premises is located, that the corporation has full right and authority to
enter into this Lease, and that all persons signing on behalf of the corporation were
authorized to do so by appropriate corporate actions. If Tenant signs as a partnership,
trust or other legal entity, each of the persons executing this Lease on behalf of Tenant
represents and warrants that Tenant has complied with all applicable laws, rules and
governmental regulations relative to its right to do business in the state and that such
entity on behalf of the Tenant was authorized to do so by any and all appropriate
partnership, trust or other actions. Tenant shall furnish contemporaneous with execution
of this Lease a corporate resolution evidencing the due authorization of Tenant to enter
into this Lease.
29. TIME AND APPLICABLE LAW.
Time is of the essence of this Lease and all of its provisions. This Lease shall in all
respects be Governed by the laws of the State of Minnesota and Tenant acknowledges
that the exclusive venue for any action arising out of or related to this Lease shall be the
Hennepin County District Court for the State of Minnesota.
30. SUCCESSORS AND ASSIGNS.
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Subject to the provisions of Article 10, the terms, covenants and conditions contained in
this Lease shall be binding upon and inure to the benefit of the heirs, successors,
executors, administrators and assigns of the parties to this Lease.
31. ENTIRE AGREEMENT.
This Lease, together with its exhibits, contains all agreements of the parties to this Lease
and supersedes and replaces any previous negotiations and leases. There have been no
representations made by the Landlord or understandings made between the parties other
than those set forth in this Lease and its exhibits. This Lease may not be modified except
by a written instrument duly executed by the parties to this Lease.
32. EXAMINATION NOT OPTION.
Submission of this Lease shall not be deemed to be a reservation of the Premises.
Landlord shall not be bound by this Lease until it has received a copy of this Lease duly
executed by Tenant and has delivered to Tenant a copy of this Lease duly executed by
Landlord, and until such delivery Landlord reserves the right to exhibit and lease the
Premises to other prospective tenants. Notwithstanding anything contained in this Lease
to the contrary, Landlord may withhold delivery of possession of the Premises from
Tenant until such time as Tenant has paid to Landlord the first month's rent required by
Article 2 and any other sum owed pursuant to this Lease.
33. RECORDATION.
Tenant shall not record or register this Lease or a short form memorandum hereof without
the prior written consent of Landlord, and then shall pay all charges and taxes incident
such recording or registration.
34. LIMITATION OF LIABILITY.
Redress for any claim against Landlord under this Lease shall be limited to and
enforceable only against and to the extent of Landlord's interest in the Premises. The
obligations of Landlord under this Lease are not intended to and shall not be personally
binding on, nor shall any resort be had to the private properties of any of the elected or
appointed officials, employees, officers, directors, or agents of Tenant.
35. DATA PRACTICES ACT,
The Tenant shall at all times abide by the Minnesota Government Data Practices Act,
Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents
in the hands of the Tenant.
36. AUDITS.
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The books, records, documents, and accounting procedures and practices of the Tenant or
other parties relevant to this agreement are subject to examination by the City and either
Legislative Auditor or the State Auditor for a period of six years after the effective date
of this Contract.
37. WORKER'S COMPENSATION.
Tenant represents and warrants that it has and will maintain during the performance of
this agreement worker's compensation insurance coverage required pursuant to Minn.
Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the
Commissioner of Commerce permitting self insurance of worker's compensation
insurance coverage provided to the City prior to execution of this agreement is current
and in force and effect.
38. DISCRIMINATION.
In performance of this contract, the Tenant shall not discriminate on the grounds of or
because of race, color, creed, religion, national origin, sex, marital status, status with
regards to public assistance, disability, sexual orientation, or age against any employee of
the Tenant, any subcontractor of the Tenant, or any applicant for employment. Tenant
shall include a similar provision in all contracts with subcontractors. Tenant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. §
363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
39. CONFLICTS.
No salaried officer or employee of the City authorized to take part in making of this
Lease on behalf of the City and no City Council Member shall have a financial interest,
direct or indirect, in this Lease. The violation of this provision renders the Contract void.
No federal regulations and applicable state statutes shall be violated.
40. LIMITATION OF REMEDIES
In the event of a breach of the Lease by Landlord, Tenant shall not be entitled to recover
punitive, special or consequential damages or damages for loss of business.
41. LICENSURE
Tenant shall use best efforts to obtain all required licenses for its day care business by
January 31, 2011. If Tenant has not obtained a license by said date, Tenant may
terminate this Lease by providing written notice to Landlord of such termination. "Best
efforts" shall not include installation of a building sprinkler system or other indoor
plumbing, electrical, or mechanical systems if such is required for licensure. If Tenant
terminates pursuant the Lease to this paragraph the Security Deposit is non-refundable to
Tenant and Landlord is entitled to keep the entire Security Deposit.
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LANDLORD: TENANT:
CITY OF EDEN PRAIRIE ACE DAYCARE CENTER, INC.
By: By:
Phil Young, Its Mayor
Its:
By:
Scott H. Neal, Its City Manager
Dated: Dated:
EXHIBIT A
attached to and made a part of Lease bearing the
Lease Execution Date of September 7, 2010
Between, City of Eden Prairie, as Landlord and
Ace DayCare Center, Inc., as Tenant
PREMISES LEGAL DESCRIPTION
Current Legal:
Lot 1, Block 1, Montgomery Addition, Hennepin County, Minnesota.
Legal pursuant to Plat Approved September 7, 2010:
Lot 1, Block 1, Shead Addition, Hennepin County, Minnesota.
EXHIBIT B
attached to and made a part of Lease bearing the
Lease Execution Date of September 7, 2010
Between, City of Eden Prairie, as Landlord and
Ace DayCare Center, Inc., as Tenant
RULES AND REGULATIONS
1. Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale
(whether real or fictitious) unless directed by order of a court of competent jurisdiction, or
conduct or permit any legitimate or fictitious "Going Out of Business" sale nor represent or
advertise that it regularly or customarily sells merchandise at "manufacturer's, " "distributor's, "
or "wholesale, " "warehouse, " or similar prices or other than at "off price" or at "retail" prices;
(ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area
outside the Premises for solicitation or for the sale or display of any merchandise or for any other
business, occupation or undertaking, or for outdoor public meetings, circus or other
entertainment (except for promotional activities in cooperation with the management of the
Premises or an association of merchants within the Premises); (iii) use or permit to be used any
flickering lights or any sound broadcasting or amplifying device which can be heard outside of
the Premises; (iv) operate or cause to be operated any "elephant trains" or similar transportation
devices; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or
use or permit the use of any portion of the Premises as regular living quarters, sleeping
apartments or lodging rooms or for the conduct of any manufacturing business.
2. Tenant shall at all times keep the Premises at a temperature sufficiently high to
prevent freezing of water pipes and fixtures. Tenant shall not, nor shall Tenant at any time
permit, any occupant of the Premises to: (1) use, operate or maintain the Premises in such
manner that any rates for any insurance carried by Landlord, or the occupant of any premises
within the Premises, shall thereby be increased; or (ii) commit waste, perform any acts or carry
on any practices which may injure the Premises or be a nuisance or menace to other tenants in
the Premises.
3. Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways,
loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort
stations, or stairways of the Premises. No Tenant and no employee or invitee of any Tenant shall
go upon the roof of the Premises.
4. If Tenant requires telegraphic, telephonic, fire suppression system, fire or burglar
alarm or similar services, it shall first obtain, and comply with Landlord's instructions in their
installation. Landlord shall furnish any such instructions within five (5) business days after
request from Tenant.
5. Tenant shall not place a load upon any floor which exceeds the designed load per
square foot or the load permitted by law. Landlord shall have the right to prescribe the weight,
size and position of all equipment, materials, furniture or other property brought into the
Premises. Heavy objects shall stand on such platforms as determined by Landlord to be
necessary to properly distribute the weight. Business machines and mechanical equipment
belonging to Tenant which cause noise or vibration that may be transmitted to the structure of
Tenant's store or to any other space to such a degree as to be objectionable to Landlord or to any
tenants shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators
or other similar devices. The persons employed to move equipment in or out of Tenant's store
must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any
equipment or other property from any cause, and all damage done to the Premises by maintaining
or moving such equipment or other property shall be repaired at the expense of Tenant.
6. The toilet rooms, toilets,urinals, wash bowls and other apparatus shall not be used
for any purpose other than that for which they were constructed, no foreign substance of any
kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the Tenant who, or whose employees or
invitees, shall have caused it.
7. Tenant shall not install any radio or television antenna, loudspeaker or other
device on the roof or exterior walls of Tenant's store except the satellite dish currently being
used by Tenant without the prior written consent of Landlord, which shall not be unreasonably
withheld. Tenant shall not interfere with radio or television broadcasting or reception from or in
the Premises or elsewhere.
8. Tenant shall not install, maintain or operate upon the Premises or in any Common
Areas under the exclusive control of Tenant any vending machine or video game without
Landlord's prior written consent.
9. Tenant shall store all of its trash and garbage in containers within the Premises.
Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in
the ordinary and customary manner of trash and garbage disposal. All garbage and refuse
disposal shall be made in accordance with directions issued from time to time by Landlord.
10. Tenant shall not use in any space any hand trucks except those equipped with the
rubber tires and side guards or such other material handling equipment as Landlord may approve.
Tenant shall not bring any other vehicles of any kind into Tenant's store.
11. Landlord may waive any one or more of these Rules and Regulations, but no such
waiver by Landlord shall prevent Landlord from thereafter enforcing any such Rules and
Regulations of the Premises.
12. These Rules and Regulations are in addition to, and shall not be construed to in
any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions
of any lease of premises in the Premises.
13. Tenant shall be responsible for the observance of all of the foregoing rules by
Tenant's employees, agents, clients, customers, invitees and guests.
P:\Home\1606.091 -Ace Daycare Lease\Documents\2010 09 01 -Lease draft.doc