HomeMy WebLinkAboutCity Council - 01/19/1999AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 19, 1999
CITY COUNCIL:
CITY COUNCIL STAFF:
7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-
Y ounghans, Ronald Case, Ross
Thorfinnson, Jr., and Nancy Tyra-
Lukens
City Manager Chris Enger, Parks &
Recreation Services Director Bob
Lambert, Public Safety Services Director
Jim Clark, Public Works Services
Director Eugene Dietz, Community
Development and Financial Services
Director Don Uram, Management
Services Director Natalie Swaggert, City
Attorney Roger Pauly, and Council
Recorder Jan Nelson
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COUNCIL FORUM -7:00 PM -7:15 PM
III. PLEDGE OF ALLEGIANCE
IV . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JANUARY
5, 1999
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 5, 1999
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. RESOLUTION APPROVING FINAL PLAT OF SETTLERS RIDGE
2ND ADDITION
CITY COUNCIL AGENDA
January 19, 1999
Page 2
C. RESOLUTION APPROVING FINAL PLAT OF BEARPATH 8TH
ADDITION
D. RESOLUTION GRANTING AUTHORIZATION TO EXERCISE
OPTION TO PURCHASE PARCEL #2 -RICHARD T. ANDERSON
CONSERVATION AREA
E. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT ON
CITY-OWNED PARCEL -LOT 4 BLOCK 1 MARKET CENTER 2ND
ADDITION & GIVE OFFICIAL NOTICE TO JOHN TEMAN AND THE
NATIONAL 1031 EXCHANGE CORPORATION TO VACATE AND
SURRENDER THE "HOUSE PROPERTY. "
F. APPROVE APT LICENSE AGREEMENT FOR
COMMUNICATIONS FACILITY AT FIRE STATION #2
G. RESOLUTION APPROVING LIMITED USE PERMIT
AGREEMENT BETWEEN MINNETONKA, MnDOT AND EDEN
PRAIRIE FOR CONSTRUCTION AND MAINTENANCE OF A
TRAIL ALONG THE NORTH SIDE OF HIGHWAY 62 BETWEEN
1-494 AND CLEARWATER DRIVE
H. RESOLUTION APPROVING COOPERATIVE CONSTRUCTION
AGREEMENT WITH MnDOT FOR SAFETY IMPROVEMENTS
TO RAILROAD CROSSING SIGNALS ON VALLEY VIEW ROAD
I. RESOLUTION APPROVING RECYCLING GRANT
J. APPROVE CHANGE ORDER NO.1 FOR FULLER ROAD STORM
SEWER, I.C. 98-5461
K. AWARD PARKS AND RECREATION BROCHURE PRINTING BID
TO SHAKOPEE V ALLEY PRINTING
VII. PUBLIC HEARINGS/MEETINGS
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL AGENDA
January 19, 1999
Page 3
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Boards and Commissions Report (Ross Thorfinnson, Jr. and
Sherry Butcher-Y ounl:hans)
B. REPORT OF CITY MANAGER
1. Presentation of 1999 Stratel:ic Plan
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
UNAPPROVED MINUTES
'\ 1---P/~ i
. 'i/.
EDEN PRAIRIE CITY COUNCIL/STAFF WORKSHOP
LEGISLATIVE ORGANIZATIONAL REVIEW
TUESDAY, JANUARY 5, 1999 5:00-6:30 P.M., CITY CENTER
Heritage Room II
CITY COUNCIL:
CITY STAFF:
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-Younghans,
Ronald Case, Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
City Manager Chris Enger, Public Safety
Services Director Jim Clark, Parks & Recreation
Services Director Bob Lambert, Public Works
Services Director Eugene Dietz, Community
Development and Financial Services Director
Don Uram, Management Services Director
Natalie Swaggert, City Attorney Roger Pauly,
and Recorder Dave Hix
I. CALL MEETING TO ORDER
Mayor Harris called the meeting to order at 5:30 p.m.
II. HOUSEKEEPING ISSUES
A. Review List of Items For Consideration
Mayor Harris opened the discussion on the following list of items for the Council
and staff to address at future City Council Meetings and Workshop meetings:
1. Council Pay
2. Guidelines for Conference Attendance
3. Council Support/Technology
4. Ward System
5. Open Meeting Laws
6. Celebration -The New Millennium
7. Secretarial Support for Councilmembers
Swaggert noted there is a small window of opportunity that the Council has to
address the "Council pay issue." She suggested that the Council and staffbe
sensitive to this time frame.
Case recommended establishing a committee for the issue of Council Support.
This committee could establish short-term, mid-term, and long term priorities
based on the direction that communication technology is headed. This will tie in
with how best the Council can receive and transmit information to the residents of
the City. Case suggested that staff find out what other councils in the
t
CITY COUNCIL/STAFF WORKSHOP
January 5, 1999
Page 2
metropolitan area are doing to facilitate this type of "council support." Mayor
Harris reminded the Council and staff that there is a technology workshop
scheduled for the first quarter of the year.
Enger noted City Attorney Rosow's comments in regard to if a city is not a ward-
system city currently, the city council cannot adopt wards. There is no statutory
authority clearly allowing statutory cities, in general, to have wards, he added.
Mayor Harris recommended dropping the issue of "wards" off of the discussion
list. Enger said staff would look back at the information that had been compiled
on the subject and gather this information for the Council's FYI packets.
Enger advised the Councilmembers that the use of e-mail, relating to the official
business of the City, has several Data Practices and Open Meeting Law
implications. Swaggert suggested having Kitty Porta and Rick Rosow make a
presentation to the Council that would answer the Councilmember's questions.
In regard to secretarial support for the Councilmembers, Swaggert suggested that
the issue could be addressed without it having to be put on a Workshop agenda.
The Council was asked to submit their needs and suggestions to staffwho would
then respond in the FYI packets.
III. 1999 ISSUES AND CHALLENGES
A. Select/Schedule Topics for Workshops
Enger reviewed the 1999 Service Area Director Meetings & Council/Staff
workshop schedule and the suggested workshop topics. Council discussed
upcoming workshop topics and assigned topics for the first half of 1999. A
revised schedule is attached.
Enger asked all Councilmembers to update staff on time conflicts or vacation
schedules that might affect the meeting quorum.
IV. PROPOSED CHANGES TO OPEN PODIUM
Mayor Harris reviewed the suggested changes to the Open Podium format currently used.
The Council/Staff agreed to rename the Open Podium to "Council Forum." To foster a
relaxed atmosphere, the Council Forum will be held from 7:00 p.m. to 7:15 p.m.
preceding the televised portion and Pledge of Allegiance of the City Council meeting.
Enger and Tyra-Lukens recommended scheduling people for the Council Forum in an
effort to give the Council and staff some idea of what topics are going to be discussed.
The remaining Council and staff concurred with the scheduling suggestion.
V. ADJOURN
Mayor Harris adjourned the meeting at 6:50 p.m.
~
Date
January 5
January 19
February 2
February 16
March 2
March 16
April 6
April 20
May 4
May 18
June 1
June 15
SCHEDULED 1999 TOPICslDATES
FOR WORKSHOPS FOR COUNCILMEMBERS
January -June
Topic
Identify Issues and 1999 City Council Workshop Topics and Schedule
1999 Transportation Projects with County (Hwy 101)
Celebration 2000
Technology / Telecommunications
General Topics:
• Technology Support • Secretarial Support
• Council pay / per diem
• AMA Conference Presentation (Councilmembers Thorfinnson and
Butcher-Y ounghans)
Capital Improvement Plan
No Workshop
Traffic Demand Management (TDM)
Fire Service / Emergency Preparedness
Enterprise Funds, Liquor & Utility Operations
Years 2000-2001 Budget Workshop I
Electronic Communication & the Open Meeting Law & Data Practices
K:\ADl\.fiNIS1\WORKSHOP\99-SCHDL.WPD Updated January 14. 1999
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 5,1999
CITY COUNCIL:
CITY COUNCIL STAFF:
7:00 P.M., CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-Younghans,
Ronald Case, Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
City Manager Chris Enger, Parks & Recreation
Services Director Bob Lambert, Public Works
Services Director Eugene Dietz, Public Safety
Services Director Jim Clark, Community
Development and Financial Services Director
Don Uram, Management Services Director
Natalie Swaggert, City Attorney Roger Pauly,
and Council Recorder David Hix
ROLL CALL/CALL MEETING TO ORDER
Mayor Harris called the meeting to order at 7:03 p.m.
PLEDGE OF ALLEGIANCE
SWEARING IN OF MAYOR HARRIS AND COUNCILMEMBERS NANCY TYRA-
LUKENS AND RON CASE
City Attorney Roger Pauly swore in Mayor Harris, Councilmember Nancy Tyra-Lukens and
Councilmember Ron Case to their seats on the Eden Prairie City Council.
PROCLAMATION FOR THE MARTIN LUTHER KING, JR., CELEBRATION
Mayor Harris read the Proclamation for the Martin Luther King, Jr., Celebration into the record.
She introduced Gloria Wynans, Chairperson of the Eden Prairie Human Rights Commission and
author of the Proclamation, who thanked the Council arid the citizens of the City for their help in
making the Celebration a reality.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Enger deleted Item IV.K. on the Consent Calendar and Item XI.B.2 under the Report of
City Manager.
Motion: Thorfinnson moved, seconded by Butcher-Younghans to approve the Agenda as
amended. The motion carried 5-0.
CITY COUNCIL MINUTES
January 5, 1999
Page 2
II. OPEN PODIUM
Mayor Harris noted that one of the City's strategic initiatives is to provide effective,
timely, and open communication channels for City residents and businesses. Beginning
with the second 1999 meeting of the City Council the meeting time has been changed
from 7:30 p.m. to 7:00 p.m. to be more convenient for the citizens. In addition, the Open
Podium will be referred to as the Council Forum. The new format will encourage a
dialog with the citizens, Councilmembers, and Service Area Directors. The Council
Forum will be held from 7:00 p.m. until 7:15 p.m., preceding the televised portion of the
City Council meeting. Anyone wishing to appear at this Forum should contact the City
Manager by noon of the meeting day, requesting to be placed on the Council Forum
schedule.
The Council Forum will be run as a pilot for a period of six months to determine if it is an
effective communication tool, Mayor Harris added.
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY. DECEMBER
15.1998
Mayor Harris offered the following changes: Page 5, fifth paragraph, sentences
one and three, change" the MLC" to read "Representative Orfield."
Motion: Case moved, seconded by Butcher-Y ounghans to approve the December
15, 1998, City CouncillStaffWorkshop Minutes as corrected. The motion
carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 15,1998
Mayor Harris offered the following corrections: Page 2, "invited Councilmembers
to make a statement regarding their support 'or' nonsupport", and in the sixth
sentence "the design represents 'an. III
Motion: Thorfinnson moved, seconded by Case to approve the December IS,
1998 City Council Meeting Minutes as corrected. The motion carried 5-0.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 99-01, AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
C. ADOPT RESOLUTION NO. 99-02, DESIGNATING DEPOSITORIES
CITY COUNCIL MINUTES
January 5, 1999
Page 3
D. ADOPT RESOLUTION NO. 99-03, AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
E. ADOPT RESOLUTION NO. 99-04, AUTHORIZING THE TREASURER
OF DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE
FUNDS
F. ADOPT RESOLUTION NO. 99-05, AUTHORIZING PAYMENT OF
CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR
COUNCIL APPROVAL
G. ADOPT RESOLUTION NO. 99-06, AUTHORIZING THE TREASURER
OF DEPUTY TREASURER TO MAKE ELECTRONIC FUND
TRANSFERS FOR THE CITY OF EDEN PRAIRIE
H. ADOPT RESOLUTION NO. 99-07, APPOINTING MEMBERS TO THE
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
I. ADOPT RESOLUTION NO. 99-08, AUTHORIZING ISSUANCE AND
SALE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF
INDEBTEDNESS, SERIES 1999A
J. ADOPT RESOLUTION NO. 99-09, TO AWARD CONTRACT FOR WELL
HOUSE NO. 13 TO GHT CONSTRUCTION, INC., I.C. 98-5475
K. ADOPT RESOLUTION TO AWARD CONTRACT FOR
CONSTRUCTION OF WATERMAIN IN WALLACE ROAD AND
TECHNOLOGY DRIVE, I.C. 5476 (this item was deleted)
L. APPROVE RELEASE LAND AT BLUFF ROAD AND HENNEPIN TOWN
ROAD FROM DEFERRED SPECIAL ASSESSMENTS
Motion: Tyra-Lukens moved, seconded by Thorfinnson to approve the Consent Calendar
with Item K deleted. The motion carried 5-0.
V. PUBLIC HEARINGS/MEETINGS
VI. PAYMENT OF CLAIMS
Motion: Thorfinnson moved, seconded by Case to approve the payment of claims as
submitted. Motion carried on a Roll Call Vote with Butcher-Y ounghans, Case,
Thorfinnson, Tyra-Lukens, and Mayor Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
3
CITY COUNCIL MINUTES
January 5, 1999
Page 4
IX. REPORTS OF ADVISORY BOARDS & COMMISSION
Tyra-Lukens told the Council that Southwest Metro's participation in the Holidazzle
Parade was well received by the citizens of Eden Prairie. From one to three buses of
parade goers were shuttled to downtown Minneapolis for each night of the parade.
The new "Transit Hub" is open, and "minor bugs" are being worked out to make the
transition to the new building smoother. The land adjacent to the new hub will be
developed with commercial/retail facilities.
X. APPOINTMENTS
A. RESOLUTION NO. 99-10, DESIGNATING THE OFFICIAL CITY
NEWSPAPER
Enger noted staff was recommending continued use of the Eden Prairie News as
the City's official newspaper. The following reasons were given:
Readership of the News by City residents is high
Significant local coverage
Articles about the City are timely and well done
The City has a strong and professional relationship with the Eden
Prairie News
Motion: Thorfinnson moved, seconded by Butcher-Younghans to approve
Resolution No. 99-10, a Resolution Designating the Eden Prairie News as the
official City Newspaper. The motion carried 5-0.
B. RESOLUTION NO. 99-11, DESIGNATING THE OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY
COUNCIL IN 1999 AND APPOINTING ACTING MAYOR
Motion: Tyra-Lukens moved, seconded by Thorfinnson to approve 7:00 p.m. as
the official opening time for all Eden Prairie City Council Meetings. The motion
carried 5-0.
Motion: Case moved, seconded by Butcher-Younghans to appoint Nancy Tyra-
Lukens as Acting-Mayor. The motion carried 4-0-1(Tyra-Lukens abstained)
Motion: Case moved, seconded by Tyra-Lukens to approve the first and third
Tuesdays of each month, at Eden Prairie City Center, Council Chamber, as the
official day and place that City Council Meetings will be held on. The motion
carried 5-0.
CITY COUNCIL MINUTES
January 5, 1999
Page 5
C. RESOLUTION NO. 99-12. DESIGNATING THE DIRECTOR AND
ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY
FOR 1999
Mayor Harris asked Councilmember Case, the current Director of the Suburban
Rate Authority ifhe wished to continue on in the position. Case said he would
continue on with the appointment. Mayor Harris asked for a Councilmember
volunteer to act as Alternate Director to the Suburban Rate Authority. Butcher-
y ounghans volunteered for the position of Alternate Director of the Suburban
Rate Authority.
Motion: Thorfinnson moved, Tyra-Lukens seconded the appointment of Ron
Case as Director of the Suburban Rate Authority and Sherry Butcher-Y ounghans
as the Alternate Director of the Suburban Rate Authority. The motion carried 3-
0-2 (Case and Butcher-Younghans abstained).
D. APPOINTMENT OF COUNCILMEMBERS TO INTERGOVERN-
MENTAL COMMISSIONS
Mayor Harris noted that Thorfinnson and Butcher-Y ounghans have been asked to
provide recommendation on the review and restructuring of Boards and
Commissions. The project not only includes City Boards and Commissions but
Councilmember participation on other intergovernmental organizations.
Recommendations from Thorfinnson and Butcher-Younghans will be presented
during the second quarter of 1999. Mayor Harris asked all Councilmembers to
review their current appointments, indicate those that will be retained, those that
will not be retained and any other area of particular notice.
Motion: Case moved, seconded by Butcher-Y ounghans to request Council-
members currently serving on intergovernmental committees to continue until
reappointments are made, per the 1998 Membership of Councilmembers on
Boards and Commissions list. The motion carried 5-0.
E. APPOINTMENT OF COUNCILMEMBER TO THE SOUTHWEST
CORRIDOR COALITION
Mayor Harris appointed Councilmember Thorfinnson to the Southwest Corridor
Coalition.
Motion: Butcher-Younghans moved, seconded by Tyra-Lukens to appoint
Councilmember Thorfinnson to the Southwest Corridor Coalition. The motion
carried 4-0-1(Thorfinnson abstained).
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
r;,
--/
CITY COUNCIL MINUTES
January 5, 1999
Page 6
Mayor Harris appointed Butcher-Younghans and Tyra-Lukens to perfonn the
Annual Review ofthe City Manager.
Motion: Case moved, seconded by Thorfinnson to appoint Butcher-Y ounghans
and Tyra-Lukens to perfonn the Annual Review of the City Manager. The
motion carried 3-0-2(Butcher-Younghans and Tyra-Lukens abstained).
B. REPORT OF CITY MANAGER
1. Set the first and third Tuesday of each month as City Council/Staff
Workshops at 5 p.m .. at City Center
Motion: Butcher-Younghans moved, seconded by Case to set the first and
third Tuesday of each month as City Council/Staff Workshops at 5 :00-
7:00 p.m., at City Center. The motion carried 5-0.
Enger noted the first City Council/Workshop meeting in May would be
held at the New Fire Station, May 4, 1999.
City Attorney Pauly suggested leaving the May 4, 1999 meeting off of the
schedule and publishing a Special Meeting for the appropriate time and
place. Staff concurred.
3. Pay Equity Compliance
Enger stated in 1984, the Legislature enacted the Local Government Pay
Equity Act requiring jurisdictions throughout Minnesota to demonstrate
that their compensation practices are in compliance with the requirements
of the Act.
On November 17, 1998, the City received official notice of compliance.
The City will be required to report its pay equity position again in January
2001.
Motion: Thorfinnson moved, seconded by Butcher-Y ounghans to accept
"Notification of Compliance with the Local Government Pay Equity Act"
Certificate. The motion carried 5-0.
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
(p
CITY COUNCIL MINUTES
January 5, 1999
Page 7
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
A. CONSULTATION WITH CITY ATTORNEY REGARDING LITIGATION
(Closed Session)
XIII. ADJOURNMENT
Motion: Thorfinnson moved, seconded by Tyra-Lukens to adjourn the meeting. There
being no further business before the Council Mayor Harris adjourned the meeting at 7:40
p.m.
7
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 19, 1999
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development
& Financial Services -
Clerk's License Application List
Gretchen Laven
These licenses have been approved by the department heads responsible for the licensed activity.
1999 RENEWALS
ON-SALE & SUNDAY LIQUOR
DR&R OPERATING COMPANY INC
dba: Don Pablo's
CONTRACTOR
ABELB&CINC
B.I.R. CONSTRUCTION INC
CARVER HEATING & AIR CONDITIONING
CM CONSTRUCTION CO INC
DELMAR FURNACE EXCHANGE INC
ECONOMY GAS INSTALLERS INC
ELDER-JONES INC
GAS LINE PLUS
GM NORTHRUP CORP
GSB DEVELOPMENTS
HARRIS COMPANIES
HOME ENERGY CENTER
JERRY'S PLUMBING
JUDKINS HEATING & AlC INC
KA WELL ASSOCIATES INC
KEHO CONSTRUCTION CO
KEITH WATERS & ASSOCIATES INC
LAKESIDE PLUMBING & HTG INC
MASTER HEATING & COOLING
MCGUIRE & SONS
MCGUIRE MECHANICAL SERVICES INC
NU-LOOK EXTERIORS INC
PLUMBING, HEATING & COOLING INC
PREMIER HEATING & COOLING INC
RIVER CITY SHEET METAL INC
January 19, 1999 1
CONTRACTOR'S CON'T
S B S MECHANICAL INC
SASS CONSTRUCTION INC
SCHULTIES PLUMBING INC
SEAL GUARD SYSTEMS
SEASONAL CONTROL INC
SEDGWICK HEATING & AIC CO
SEITZ BROTHERS INC
SELA ROOFING AND REMODELING
SHINGOBEE BUILDERS INC
SNELL MECHANICAL INC
SORENSENIDALE CO INC
SORENSEN GROSS CONST CO INC
SOUTHSIDE HTG & AlC
SOUTHTOWN PLUMBING INC
STAHL CONSTRUCTION CO
STANDARD PLBG & APPLIANCE CO INC
STANDARD HTG & AlC CO
STARMARK NORTHWEST MGMT LLC
dba: Northwest Athletic Club
STEINKRAUS PLUMBING INC
SUNRAM CONSTRUCTION INC
SUPERIOR CONTRACTORS INC
SWEDENBORG-SHA W CONSTRUCTION INC
THE W GORDAN SMITH CO
THE GAMUT GROUP INC
US WEST WIRELESS LLC
WESTIN CONSTRUCTION CO
RENEWALS CON'T
MECHANICAL DEVICES
ACMI dba: Sugarloaf (Location: Wal-Mart)
AMERICAN AMUSEMENT ARCADES
DANCO FOOD & ENTERTAINMENT INC
SOLID WASTE COLLECTOR
AAGARD SANITATION INC
ASPEN WASTE SYSTEMS INC
CLEAN SWEEP INC
DICK'S SANITATION
LIGHTNING DISPOSAL INC
QUALITY WASTE CONTROL
RANDY'S SANITATION INC
VASKO RUBBISH REMOVAL INC
WASTE MGMT OF MN INC--SA V AGE
January 19, 1999 2
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
SERVICE AREA:
Public Works
Engineering Division
Randy Slick
ITEM DESCRIPTION:
Final Plat Approval of Settlers Ridge 2nd
Recommended Action:
DATE: 01/19/99
ITEM NO:~IT '
Move to adopt the resolution approving the [mal plat of Settlers Ridge 2nd subject to the
following conditions:
• Receipt of engineering fee in the amount of $387.00
• Receipt of street lighting fee in the amount of $902.70
• Satisfaction of bonding requirements for the installation of public improvements
• The requirements as set forth in the Developer's Agreement
• Revision of plat to include the minimum 55-foot street frontage on Lots 5 and 6
• Prior to release of final plat, provide a list of areas (to the nearest square foot) of all lots,
outlots, and road right-of-ways certified by surveyor.
Background:
This proposal is the second phase and is a replat of a portion of outlot C within Settlers Ridge,
located south of Pioneer Trail and west of Riley Creek. This plat consists of nine single family
lots and right-of-way dedicated for street purposes.
The preliminary plat was approved by the City Council May 5, 1998. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on August
4, 1998.
RS:ssa
cc: Dan J. Herbst, Pemtom Land Company
Martin J. Weber, Westwood Professional Services, Inc.
Dwight Jelle, Westwood Professional Services, Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
SETTLERS RIDGE 2ND
WHEREAS, the plat of Settlers Ridge 2nd 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 Settlers Ridge 2nd is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated January 19,
1999.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdividers 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 January 19, 1999.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, Clerk
w
______ ......... 7 ~
~~
50 50'00 '50 -Scale '" fINIt
l\'IO.tvfl'lod'~ ~o: ...
o Olllot. Iron monum",t Nt
• DMot .. hn mtJItumettt found
e.ortJga Iho"n m thb pial ore
,,"«I IIp<tII QnUfMd dtltllm.
¢) /S
C' ' C)v
'~ "o:~('I.
-1("
-1.:';\ C'v'-
~;J-f,t.,
SETTLERS
~fllrlluaJ(y~te ... lI'toIMtItUa:
I
I
-I •
1--
I I
2 II 2 _____ l ____ J L ____ l ____ _
~ rrt;,!e!t!tJ.ldthtln~DtttIf::': ::J~~~ ':'J):hg
rlght-af-IfOY lin., unI .. DUt .... hdkoted, 1m hvm
en the phil.
RIDGE
".._ .s1y IN ., QU1UJT tl --"""""-
'"
2ND ADDITION C.R. DOC. NO.
:T. ~Q= ~ =~:!!ts:~ = ':~::~I! :,t:,=~~ ~patlWSh'" fee 0fI1W
"'ot port of OUtlot c, S£T7l£RS __ , to tIN __ pI.t .. ...." HMtt .... Cocm(K __ to. /JIntl
IOUfIII ... .tIdrlJC ."..wIy tIMI "orlIt.,..t.ny 01 tI lIN ~ .. Idle ..
8.""" ., IA. mo.' _ttwly eem .. of Lot t. IfIIMk J. HIt! !i£T7I.ERS RIDfJE: fltMf:e bUt 55 ..,... 28 ,""'uIM
:,..,;;:: Et::;,c! :!CZ:2.JD~ ~~~7:. ,iou,::,:, ,?::o :l!.r:,~-:,,s:o.71:.:0~'".n~ '*::::::
d .... 23 mfnut • .J5 .~de IIWt. • cfaohnc. 0' 201.42 INt to 0 .outherly 11M of .oId Oul/ot C ond qfd 'M
tit .... t.lmh<ltln,.
HIM t:tIU4H tIN HnN to 6_ ~ lind pl«ted .. sentERS RIDGE 2ND ADlJlTItJN _t/ ... ".-.by tIon.,. lIIHI dtttIIctde
to tho public for public u*, font ...... the 'fIJI .. ~ tttH dltd the ... fItfd utl/ty ~t •.. ahDMI tJtI tit. p/tIf. :. = :;~a:!t = R/:f: LtnIted :,0;:, .... G Mlme.,,10 ~~ PfIrln-' ". cOUftd thetH prw"."t. let _ 5ETIlDt$1WI«_,._
sTAIr OF _sorA
OOIIHTYOFHEI/HEPIN
By The IWntom LtInd C4Jntp0ny ,ta Qwretrll /W1"",.
~'~~W~~~~~~~~~~t---------------
!::..'rC!f":r:1 ;::t~~~."':":::,;;;~«:r",,~ gMrd priHIr of s.t~~ ~..;'~
fWtItetWl.,. II "'MMDto IImIt.d partn".."fJ. on IHhdf 01 tit. p.an".,.. ..
Holtry ABIii. Caunt,K MInn.aam II)' __ '-_______________ _
I IIrtlby ctIItlfy tMt , hfl\!l ~ tIftd plotted the fJ'OPlrly ducrt>fd "" tM plot _ SETn.£RS RIDGE 2ND NJD/TION;
tIHrt thl8 phil Is II COINCt NPftllJetlttlt/ott Of tM «IIWJt IhGt dI .tonCdl fife ~Uy -.0.." 1M the pItIf It! t.t onf
ItllfldTHth. of II foot; "'tIt till mtItHJlrHlllt. haMi b.Nrt ~y pleotId., III. piIId ... "'0'" t'I' .. be placed IN =:r :·::;ar....""".,td ""N .. da/gnated on fIN plat; Utat tIHI ClUI.1de bIIundaIy 11n_, 1ft Cf1tr'ffctly
STAIr OF "NNESOrA
OOIIHTY(II'_
Marth J. "" ... IAnJLrvip
UlmltlOto Uoott., NtJ. '2CUl
ThII fDregoIng ~'. c.rtmcllt •.. tJdtnatllNpd bairn m. th,. __ day II' 't__ by "arlin
J. Mt6r. Land Sunw)G".
NotoryPubllo, tiiiitttJi----.m_ttl IIY __ _
EIJDI __ rA
Thltt plaf of SET11ERS RIDfE 2ND ADDITION RII CJ¥I"O\IIId and ~fed by th. City t;ou"dI Q/ Ed." Pro».. IJ/nnaoftl,
::'dO ::::::::o~ ':r:! ~-;;o; ~ find the eo!:tylij;,!y'7/,;::~:, we r!:W;::~;
ttl. CIty fX the ~ .so dtly Pfl1ot!J htll .... without""., .f aJdI COItInIMta .,d reotfmI ........ eM ",._by_stotutoo, __ rut _.a
CITY CCtJNCIL (II' EIJDI _ WH'SOrA
~-----------11-B)' Cl/yll_
J=~ctr~~ =;:;:1:' CounfJ' =::,.".. h#Ne been pllld frr Iond ~rafJed fin W. plat. lkIted .. .. __ dGy of 1t...-
PtltrltIc If. O'CcnnDt; ~ cOUIIty Audltot ~,~~~~---------------------
=tsr;~ ~~~~~=(,:S) thla pkJt has b"., CJ¥I"Owd thla __ doy of' _____ ~
,~
Gerry F: CaIN/( HtflMlpln County SIne".". By
OOIIHTY ~ H ....... c.un", _.
, h_y ..tIfy /hot ... _In plot of S£TII£t!S RtDtl£ IIJIO ADDITION ... _ ,.,. _ In IhII __ """ __
doycf ''---.. 01 ____ o·dodr __ M.
"lchotJl II. cunniff, Attln" CllUnty Ret:orw By o.wty
WESTWOOD
Pro""'onol s.mc ... Inc.
51Iftt I of , ., •• t.
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
SERVICE AREA:
Public Works
Engineering Division
Randy Slick
ITEM DESCRIPTION:
Final Plat Approval of Bearpath Eighth Addition
Recommended Action:
DATE: 01119/99
ITEM NO:
Move to adopt the resolution approving the final plat of Bearpath Eighth Addition subject to the
following conditions:
• Receipt of engineering fee in the amount of $270.00
• Satisfaction of bonding requirements for the installation of public improvements
• The requirements as set forth in the Developer's Agreement
• Prior to release of the fmal plat, the Developer shall provide a cross access and
maintenance agreement which addresses vehicle access, maintenance of parking areas,
driveways and storm sewers
• Completion of the vacation of underlying drainage and utility easements
• Label all drainage and utility easements
• Prior to release of [mal plat, provide a list of areas (to the nearest square foot) of all lots,
outlots, and road right-of-ways certified by surveyor.
Background:
In accordance with City Code Section 12.20, Subd.2. staff recommends that the requested fmal
plat filing extension be granted. Therefore, Bearpath Limited Partnership is requesting Council
approval of the next phase of the Bearpath PUD. This proposal consists of replatting Lots 1,
2 and 3, Block 9 Bearpath Addition into five single family lots. This plat is located west of Dell
Road and south of the Hennepin County Regional Railroad Authority right-of-way.
The preliminary plat was approved by the City Council December 17, 1996. Second Reading
of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 18, 1997.
RS:ssa
cc: John Vogelbacher, Sienna Corporation
Harold Peterson, James R. Hill, Inc.
\
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BEARPATH EIGHTH ADDmON
WHEREAS, the plat of Bearpath Eighth 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 RESOL YED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Bearpath Eighth is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated January 19,
1999.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdividers 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 January 19, 1999.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, Clerk
o
co en
~
o
~
~
u
a.>
CJ
'-u..
Cl.
"' -q-r--co ;;.;
-q-r--co
----U1
t-
~ --,
o rr
;:0
CJ
<t
W
:='
~
----c.:
BEARPATH EIGHTH ADDITION I
tR.T. DOC. NO.
"",} .. A:L f>£RSnl'S BY TIIEst ?Rt3£NT3 n,,,1 Elo: .. , valu L .... iI"'..: ?,,' 1 .... 0:, .1.0'1' ... "',,",un .. l .. IH.IIih:J lid' t .... ,.I,i .... to: ........... "', .... r
the rOilUWlntl d,,~<:rlbe,j land "t!Jllted In th .. County of Iknu"pl>l, ':tate -l' \t~IlUe50l". tu .ut:
Llt~ I. 2 and 3. BI<lck 9, 8£,1,RPATH ADDlilON, .. .;car'I:!:!1l 10 It .. r"l'or~ ... ,J pili! tberto' fle::1nepin Cou::!y. WtnQuold
U4V1:! CII.U3ed tile 111Dle 10 b .. ,urveyed ,1.1101 pl"'lled 801 BEARPATH !ICHTH ADDITION, "lid do bereby dOflClte 1I.1Id c1edlcdte to the
pltb!!c fo;)r public u'~ tor~ver lh~ •• ,!!mllat, ." "hoW!"l 00 Uu, pl.: tor liraUl."c .Dtl uU!U, purpu,col
IN WITNESS .... HtRtOF. IIO-u.l 6e.srp"lh uuut .. d PIIof\uO:r.liup ... 101:1.10<:"710:'" lil:l,t .. o.1 pllrtfl<:Ua,p, hu ca'J, .. d lh .. , .. p,uu:b to b.-
" .. ac" by Itt pro~r partner ttJ.1.II _ d .. , ot ____ \99_
Slrll,,,1 llurp .. th I.lnlltdu P",rtn<!rshlp a,.. lJoo.r"ath IJev.,t"pulOwl C..,rp<>nholl. Ib 1I~llcr.1 p,utn"r
B,
Joho lI"Il~'Il!I()O
Ih pr .. "denl
sT.I:rr. 01' W[tlNESOrA I'O(JNTr or ____ _
Ttlt' 1"'I'/lulIl,, lII3tru[lI~'\t ..... 5 ockuowle<Jr.I'J bofof ......... nH~ thl" _<lilY uf ____ , 19v_. by Jur.J\ 1I"llkm~on.
pr~~I,I .. nt ." U .... q".lh O ... ·~I<J"I"o,nt ('orI'0 .. ,,11UII, .. ~hcn"~"I,1 ,'urp..,r,lljnn. Ol lI"n,"'" l).trlllO'r 0' /I,' .. rpttth 1.lml1 .. ,1 P"rlnO'r"blp.
" Y,,'n .. ~ .... '" I""" ... , r .. rl ...... r~h'r. ''' .. h .. I<"II nf Ih .. t",rln"Mhir
N"t,jry rubhc,
"w,-o-,"-"-,,,-,,,-,,"-"-',=-,"",,-,.-, 7Ja~~~~;Y3,~I~g;;ota
I hOlub, ~ulify thaI 1 hOlve IlIr_,.,,1 .c<J plalt ... <l th .. Pl"u".rI, J"'~'r1bed "II Ih\3 plat .. IH:,\RPA1·f/ l:1<;JITU ADDITION, Ibot
Ihl~ 1,1 .. 1 I~ • curleel "'1, .... ,,,,,1,,11<111 <.l' th~ ,uru,.. Ih<ll "II d,d";I~'" cI'" cort .. cU, Ih,,"c on lhe pi .. , '" '.tli .. ud
b\lIl<JI"\!<.Ilb~ of a '001, tll .. t dl 1l1<1I1l1W .. uts bd~c beeu c<Jrrt'cU, plac..,d In tao: "rllllUd as ~b1J1<I"l.I <Jf W,II bt' pJ.t<.:t'U 01.1
re'lulred b, Ihe 10.:11.1 l<Jvenuuell.l .. 1 l.lait. that tbe oubide bouD.Jar, hot', 11'0' corr"ctly de::!III0<lt.,d 0l:J !lIe plat. al:Jd that
there are on public blabwa,' til. be d"'~lIll4t .. d.
liarul,1 C. PlItU"SOO, WIld SurveY(.If, Iohonuola. l.ictose /'40. 12291
STATr OF Wr~NESOTA COUNTY OF ____ _
The toregoUli Surveyor', CerUlic!lle .011' IlIcknQwledll .. d before Il!e thiS _ da, ot ____ . 109_. by Har<Jld C
P@tcnoD. !.aud S\lrvt',or, IIIll1ne"ol, {JCtD:!'" tl<.l. 1229 ..
Notary Public.
"'W,=r:o"'rn"'mC:":O",::,,,,,,,:O,,:::,,7', J~~~:~~. 3~~D:.~tll
i::l[N PRAIF>j£, IoII"'N::S01.\
Tb", plet at B£ARPATII EICI/TH ADDIT:OIf '11'.' "pprovl'<J and accepted ;1 tbe City COllccl1 ot rdt'1J Pralru~, W:allt-sota .t 1\
fl'(ulu ml'ttlo4 thereuf. held th:..1 _ .til' 01 ____ . 19:.1_ 1t eilpl:l'lIbl ... (!::Ie wrlttrn <,ol:Dlf.enb IIn,1
ncolllu;u!D,htIOI14 at (!:le COClOI!.UDO<':-01 Tru::!P<ltt..lhoQ aDd tllilli C:)UQ~y Hlo(~."''' t!:a::II'n" .. r b .... o: bee:1 received by the C,ty
or tb~ prucr\bo:d 30 day p .. rl(>oj hu ""8ple~ .. It!lO .... t rf'("lpt of .ucb ~cCHtI"l.lb IIDd r .. comnl .. lhlat,olli. all provld .. d bv
.Ylalluula 311:o1Ut .. " S"ClIOIl 50::' OJ. Subdl"'lSIUU :?
C:TY COUNCIL or "orN P~AJ~IE. W:,..Hl:SOTA
BT _________ . '18:;or
or _________ , I.!"ca, .. r
!,\XP,\YrR SER\lCl:S 1J1\1SION. I/ .. nl.l .. plll Couol,.. \flunu<>t ..
[ ber.,b,. cerhl, tbllt taxet p"yab~e ,n _ ao,1 prior y ..... r, llolVe twec paid !or IlIlhl o.1..,cnbeo.1 00 11::1' pl .. t O .. I .. d '.b:.s _day u' ____ 1."..1_
P.\TRICII: H. Q'CO~~OR. Heno .. pu, County At.:.,Jllur
By Ol'pllty
SIIRVEY Sf;CTION. H.HIIU'f>'" COUllt" WIIUlt'"ul ..
PursuaDt 10 WUlnuota SllltUtl'3, Sel.""tioe 383a56~ (19119) Ibl" plllt b, ~I'D .,pprovl'<J thlt _ doy 0' ____ ,
199_
en, F C.u."'I~ HflDoeplo r.ollcl, Surveyor
BT
IU:l"iIS"rRAfl OF TlTI...[S. 1I .. lIn"-pllI l'uuuly. l,hol.le~otQ
I bereb, eerll'y tbat the "Uhla pt.\l ot flt:ARPATH 1:IOHTH ADDITION .0' tiled !or recard ID Ih., off,ce tbis _ dQ1 of ____ ' 199_ , IJ~ _ lic:I<JC:K _ .!oI.
a. Dan Carl50n, Regi!trar Of Title"
Dr __________ , D~pllt1
JAMES R. HILL. INC.
eHEeT 1 OP 2 a-et!!T1I
z o
i= o o
<C
~
I
0--
in
I
~ a::
L5 m
Z
---
(\ L
--------
!! Q OJ ~ t! i -c a ffi ~ .. /;: i ~! ~ 0 ~ iii ;1 ~ !ij z
ir
-C i~
l!l
----------
,
~ ! . .... ~ i5 " ~" It ,,§ ~~ "l'l m ~'": ~ ~ ~ 0111 oli <i .. i:~ ~ i~ ~!!i~ zlll .. " ~e -.. 1III:f!l:~i!! 10 m 10" :!:E~~ • .!.i iS e iS lD ~~§ffi~~~ .,t 1::." .,~ I::.~ al:ll~ofl!t -i _lI 0=tq"a z .., ~o ~i hdi~~ i§~ i§1ii
• 0
---------
------
/
/
/
-. ,c-o
j::: cS
0
«
~-q
j:= -....
~
:) j:':
() 0:
0::
«
loJ m
---
----------------.......
CITY COUNCIL AGENDA DATE: 1119/98
SECTION: Consent Calendar
SERVICE AREA: $-SUBJECT: Authorization to Exercise Option Parcel ITEM NO.
Park & Recreation Services #2 -Richard T. Anderson Conservation Area fl, D. Robert A. Lambert, Director
Requested Action:
Move to: Authorize City staff to exercise the option on Parcel 2 of the Richard T. Anderson
Conservation Area, and approve the purchase agreement for 30 acres ofland for $636,069.
Background:
In February of 1995, the City of Eden Prairie entered into an option agreement with Darril Peterson
and the Klein family that would allow the City of Eden Prairie to acquire the two remaining parcels
of land adjacent to the Richard T. Anderson Conservation Area. That option allows the City to
acquire approximately 30 acres of land along the Minnesota river bluffs for $636,069, if the option
is exercised prior February 9, 1999. The City applied for and received a matching grant from the
Legislative Commission on Minnesota Resources in 1998; thus reducing the cost of this property by
half.
This parcel of land contains the fann house, which has been rented to Mr. And Mrs. Kenneth Briggs
by the Klein family and Darril Peterson. City staff are recommending to continue this rental
arrangement on a month to month lease for an indefinite period of time. Having someone lease the
property insures protection of the property against vandalism.
A management plan is being completed on the property at this time. That plan will recommend
policies and procedures for managing the property, as well as providing a concept development plan
for the entire site and grading plan for the road and trail accesses from the north.
Funding for this acquisition will come from cash park fees.
RAL:mdd
AuthoropIBob99
1
CITY COUNCIL AGENDA DATE: January 19, 1999
SECTION: Consent Calender
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development
Don Uram Purchase Agreement and Notice to Vacate
David Lindahl Property -Lot 4 Block 1 Marketcenter 2nd yr.£:, Addition and Give Notice to John Teman and
the National 1031 Exchange Corporation to
Vacate and Surrender the "House Property."
Requested Action:
Motion #1: Move to authorize the Mayor and City Manager to execute a purchase agreement and other
documents necessary to complete the sale of a City owned parcel legally described as Lot
4, Block 1, Eden Prairie Marketcenter Addition to Hartford Financial Services.
Motion #2: Move to give official notice to John Teman and the National 1031 Exchange Corporation
to vacate and surrender the "House Property. "
Background Information:
The City has been negotiating with Hartford Financial, a real estate development company, for the sale
of a 4.83 acre parcel located between the Brunswick Bowl property and Frank's Nursery on Eden Road.
Hartford intends to construct a four-story building with market rate rental housing on the top three floors
and small office suites' and/or light commercial (coffee shop, etc.) uses on the first level. The purchase
price for the property is $1,683, 160.00 or $8.00 per square foot. This price exceeds the land sale prices
of both Bachman's and Brunswick and helps to recover the City's costs in the land. With this sale, the City
will have sold 17.4 acres of the total 23 acres it purchased from John Teman in 1992. The property
remaining to be sold includes about 5.6 acres along Single Tree Lane between Brunswick and Bachman's.
The City purchased the Teman property through a Contract for Deed. Paragraph 22 of the Contract for
Deed states that the City will notify Mr. Teman and the National 1031 Exchange Corporation 90 days
before starting construction activities. The City will meet this requirement by delivering the attached notice
by January 21, 1999.
Supporting Information:
Purchase Agreement
Notice to Vacate Property
\
PURCHASE AGREEMENT
THIS AGREEMENT is made as of January 19, 1999 between City of Eden Prairie, a
municipal corporation ("Seller") and Hartford Financial Services, LLC ("Buyer").
RECITALS
Seller is the fee owner of certain real property located in Hennepin County, containing
approximately 4.83 +/-acres, as legally described on Exhibit A (the "Property"), together with all
buildings and improvements constructed or located on the Property and all easements and rights
benefitting or appurtenant to the Land (collectively, the "Real Property").
Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this
Agreement.
Seller desires to sell the Real Property to Buyer, pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Sale of Real Property. Seller agrees to sell to Buyer and Buyer agrees to buy from
Seller, the Real Property. Seller retains the right to remove or cause the removal ofthe house from
the "House Property", which is part of the Real Property legally described on Exhibit A-2, prior to
the closing date without reduction in the Purchase Price. If the house is not removed from the
House Property by the closing date, all rights of Seller to remove or cause the removal of the house
shall immediately and automatically be null and void.
2. Purchase Price and Manner of Payment. The purchase price to be paid by Buyer to
Seller is estimated to be One Million Six Hundred Eighty Three Thousand One Hundred Sixty
Dollars ($1,683,160.00). The Buyer shall have prepared at its expense a survey identifying the
number of square feet ofland. The actual purchase price ("Purchase Price") shall be the product of
multiplying the number of square feet of land determined by survey, times $8.00 per square foot.
3. Payment of Purchase Price. The Purchase Pric(;. shall be paid as follows:
3.1 Earnest Money. $25,000.00 as earnest money ("Earnest Money") which
Earnest Money shall be held by First American Title Insurance Company
(hereinafter referred to as "Title" or 'escrow agent") as escrow agent
pursuant to the terms of the Escrow Agreement attached as Exhibit B hereto
provided, however, that the fee for any such account shall be paid by Buyer.
-1-
3.2 Closing Payment. The remainder of the Purchase Price in cash, cashiers
check, certified check or by wire transfer of U.S. Federal Funds to be
received by Seller on or before 2:00 p.m. local time on the Closing Date.
Buyer may extend the Closing Date for two thirty day periods upon ten (10)
day prior notice to Seller in consideration of Five Thousand ($5,000.00) for
each period. Payment of the consideration shall be in the form of a reduction
in the Earnest Money held by Title. Buyer shall authorize payment to the
Seller from the Eamest Money and Seller shall receive the same prior to the
commencement of each thirty day period. The consideration paid to Seller
for an extension of the Closing Date is not refundable to the Buyer under any
circumstances except for a default by Seller under this Agreement and shall
not be credited to the purchase price.
4. Inspection. Buyer shall have 60 days following Buyer's submission to Seller ofthe
Security Funds required under paragraph 7 hereof to conduct the following inspections and
investigations:
4.1 Title. Title shall have been found acceptable, or made acceptable, in
accordance with the requirements and terms of Section 11 below.
4.2 Testing. Buyer shall have detennined that it is satisfied with the results of
and matters disclosed by the Phase I and any other soil tests, engineering
inspections, hazardous waste and environmental reviews of the Real
Property, all such tests, inspections and reviews to be obtained at Buyer's
sole cost and expense. In addition, Buyer shall be fully satisfied with results
of such tests and reports, if any, which relate to the Property and which are
either in the possession of the Seller or under Seller's control; copies of
which Seller shall, to the extent available, provide to Buyer within twenty
(20) days after the date hereof.
4.3 Access and Investigation. Seller shall allow Buyer, and Buyer's agents,
access to the Real Property without charge and at all reasonable times for the
purpose of Buyer's investigation and testing the same. Buyer shall pay all
costs and expenses of such investigation and testing and shall indemnify and
hold Seller and the Real Property harmless from all costs and liabilities
relating to Buyer's activities. Buyer shall further promptly repair and restore
any damage to the Real Property caused by or occurring during Buyer's
testing and return the Real Property andlor Personal Property to substantially
the same condition as existed prior to such entry.
4.4 Survey. Buyer shall have prepared at its expense and be fully satisfied with
all maters shown in an ALTA survey (the "Survey") prepared by a
Registered Land Surveyor properly licensed to practice in the State of
Minnesota. The Survey shall show the Real Property and the location of all
-2-
J
buildings, improvements and easements located on the Real Property and
shall be prepared as required by Title in order to allow Title to issue an
owner' spolicy of title insurance with regard to the Real Property without any
exception for survey matters. The survey shall be subject to the approval of
Seller, which approval may not be unreasonably withheld. Buyer shall
deliver the survey to the Seller upon completion. Seller shall have ten (10)
from delivery of the survey in which to give notice to the Buyer that Seller
does not approve the survey.
4.5 Utilities. Buyer shall be satisfied that the public roads, water and gas mains,
electric power lines and sanitary and storm sewers, telephone, natural gas and
other necessary public utilities being located immediately on or contiguous
to the Real Property, are adequate and available for service and connection
for Purchaser's proposed use and that the location of roads and utilities do not
unreasonably interfere with the Purchaser's proposed use.
5. Government Approvals. No later than 120 days following the execution of this
Agreement by both parties (the "Effective Date"), Buyer shall have obtained all appropriate
governmental approvals and permits necessary to construct and operate the proposed use without
conditions that Buyer, in its reasonable discretion, deems material, which approvals may include,
without limitation, appropriate zoning, subdivision, conditional use permits, curbcut and other
access permits, signage permits, building permits, required licenses, and site plan approval. Seller,
as the Owner of the Real Property and not as a governmental entity, shall without charge to Buyer
cooperate in Buyer's attempts to obtain all such governmental approvals. Seller shall further execute
such rezoning applications, plans, environmental worksheets and other documents as may be
required by governmental bodies to accomplish the foregoing.
6.A. Closing Contingencies. Unless waived by Buyer in writing, Buyer's obligation to
purchase the Real Property shall be subject to and contingent upon each of the
following:
6.1 Representations and Warranties. The representations and warranties of Seller
contained in this Agreement must be true now and on the Closing Date as if
made on the Closing Date and Seller shall have delivered to Buyer at closing
a certificate dated the Closing Date, signed by an authorized representative
of Seller, certifying that such representations and warranties are true as of the
Closing Date (the "Bring-down Certificate").
6.2 Performance of Seller's Obligations. Seller shall have performed all of the
obligations required to be performed by Seller under this Agreement, as and
when required by this Agreement.
6.3 House Property. Notwithstanding the rights identified in Section 12.5 of this
Agreement, on or before the Closing Date the Seller shall have caused the
-3-
~
House Property to be vacated and the house and any other structures on the
Real Property to be removed. Seller shall take, or cause to be taken, all
reasonable efforts to safeguard the House Property after the house is
removed, including without limitation immediately fencing the foundation,
and/or filling the same with clean fill dirt. If the House Property is not
vacated on or before the Closing Date, Buyer's sole remedy shall be to
terminate this Agreement as set forth below in this Section 6; provided
however in the event Buyer terminates this Purchase Agreement the Seller
shall reimburse to Purchaser an amount not to exceed $5,000.00 for Buyer's
out-of-pocket cost incurred in conducting its due diligence under Sections 4,
5 and 11 of this Agreement. Purchaser shall submit proof of payment of said
out-of-pocket expenses to the Seller. Upon payment of such costs, Purchaser
shall provide Seller with copies of any written investigations or reports
regarding the Property.
If any of the contingencies set forth in Section 4 or 6A of this Agreement have not been satisfied
on or before the earlier of the Closing Date and the specific date specified therein, then this
Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller, and Buyer
shall be entitled to a full refund of all Earnest Money, cxcept money paid to or to which Seller is
entitled to for any extension under Section 3.2 of this Agreement. Such notice of termination may
be given at any time on or before the stated date. If Buyer does not provide Seller with written
notice of the failure of any contingency as of the stated date, said contingency shall be deemed
waived and the parties shall proceed to consummate the Closing. Upon such termination (a) Buyer
and Seller shall execute a recordable written termination of this Agreement, which shall include
Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest
accrued thereon shall be released to Buyer as specified below, and (c) upon such return, neither
party will have any further rights or obligations regarding this Agreement or the Real Property. All
the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and
exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any
contingency by written notice to Seller.
6.B. Closing. The closing of the purchase and sale contemplated by this Agreement (the
"Closing") shall occur on the earlier occurrence of: (i) the 120 th day after the date hereof; and (ii)
the loth day following the satisfaction or waiver by Buyer of the last of the contingencies set forth
in this Agreement (the "Closing Date"), unless such date is extended by Buyer pursuant to Section
3.2, in which case the closing shall occur on or before the expiration of the applicable extension
period. The Closing shall take place at 2:00 p.m. local time at the office of the Title Company or
at such other place as may be agreed to. Seller agrees to deliver possession of the Real Property to
Buyer on the Closing Date.
7. Security Funds. Prior to Buyer being allowed access to the Real Property for any
testing, investigation or surveying and within fourteen (14) days of the Effective Date, Buyer shall
deposit with Title for the benefit of the Seller cash in an amount equal to one and one-half times
(1 Y2) the amount contracted or to be contracted for by the Buyer for such services or, if a flat fee
-4-
is not specified, in such amount as is estimated by the Seller to cover the cost of such anticipated
work (hereinafter referred to as the "Security Funds") and a sworn statement (hereinafter referred
to as ("Sworn Statement") identifying each contractor and supplier and the amount contracted or to
be contracted for by Buyer with each. The deposit shall be held in an interest bearing account by
Title pursuant to the terms of Exhibit B. The Security Funds are to be held by the Escrow Agent in
an interest-bearing account until the earlier of: (i) receipt by the Seller oflien waivers from all persons
or entities providing labor or materials with respect to said activities; (ii) 120 days following closing
or termination ofthe Purchase Agreement; or (iii) in the event a mechanic's lien(s) is filed against the
Property on account of the work identified above is not discharged or contested in good faith within
thirty (30) days offiling or ifajudgment is entered in favor of the mechanic's lien claimant, the Seller
may withdraw a sufficient amount from the Security Funds to pay said lien(s). In addition the
Purchaser may obtain a releasee s) of a portion of the Security Funds upon tendering to the Escrow
Agent a mechanics lien release from a contractor or suppliers identified on the Sworn Statement. For
each mechanic's lien release so tendered the portion of the Security Funds to be release shall in no
event exceed the one and one halftimes the amount scheduled by Purchaser on the Sworn Statement.
8. Seller' sClosing Documents. On the Closing Date, Seller shall execute and/or deliver
to Buyer the following (collectively, "Seller's Closing Documents"):
8.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to
Buyer, conveying the Real Property to Buyer, free and clear of all
encumbrances, except the Permitted Encumbrances.
8.2 Bring-down Certificate. The Bring-down Certificate.
8.3 Opinion of Seller's Counsel. An opinion of Seller's counsel, dated as of the
Closing Date, in form reasonably satisfactory to Buyer, that (a) Seller is a
political subdivision of the State of Minnesota; (b) Seller is duly qualified to
transact business in the State of Minnesota; (c) Notwithstanding the rights
of John Ternan identified in Section 12.5 hereof Seller has the requisite
power and authority to enter into and perform this Agreement and those
Seller' sClosing Documents signed by it; (d) such documents have been duly
authorized by all necessary action on the part of Seller and have been duly
executed and delivered; (e) the execution, delivery and performance by
Seller of such documents do not conflict with or result in a violation of any
judgment, order or decree of any court or arbiter to which Seller is a party;
and (f) such documents are valid and binding obligations of Seller,
enforceable in accordance with their terms.
8.4 Seller'sAffidavit. An Affidavit of Seller indicating that on the Closing Date
(a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies
against or involving Seller or the Real Property; (b) there has been no skill,
labor or material furnished to the Real Property for which payment has not
ben made or for which mechanic' s liens could be filed; and (c) there are no
-5-
other unrecorded interests in the Real Property, together with whatever
standard owner's affidavit and/or indemnity (ALTA Form) which may be
required by Title to issue the Policy described in Section II of this
Agreement.
8.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in
recordable form, containing such information as is required by IRC Section
1445(b )(2) and its regulations.
8.6 Owner'sDuplicate Certificates of Title. The owner's duplicate certificates
of title regarding the Real Property, if any.
8.7 IRS Reporting Form. The appropriate Federal Income Tax reporting form,
if any, as required.
8.8 Other Documents. All other documents reasonably determined by Buyer or
Title to be necessary to transfer the Real Property to Buyer free and clear of
all encumbrances, except the Permitted Encumbrances.
8.9 Title Policy. The Title Policy, or suitably marked-up Title Commitment, as
provided for in Section 11, below, provided however Buyer shall pay the
cost of the premium for the Title Policy
9. Buyer' sClosing Documents. On the Closing Date, Buyer will execute and/or deliver
to Seller the following (collectively, "Buyer's Closing Documents"):
9.1 Purchase Price. The remainder of the Purchase Price, by wire transfer of
U.S. Federal Funds or by certified check to be received in Title's trust
account delivered to Seller on or before 2:00 p.m. local time on the Closing
Date.
9.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or
other documents as may be reasonably required by Title in order to record
the Seller's Closing Documents and issue the Policy.
10. Prorations. Seller and Buyer agree to the following prorations and allocation of costs
regarding this Agreement:
10.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title
Evidence described in Section 11 ofthis Agreement. Seller will pay the fees
charged by Title for any escrow required regarding Buyer's Objections.
Buyer will pay the premium or cost of the Policy and all additional premiums
required for the issuance of any mortgagee's title insurance policy required
by Buyer. Seller and Buyer will each pay one-half of any reasonable and
customary closing fee or charge imposed by any closing agent designated by
-6-
7
Title.
10.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed
to be delivered by Seller under this Agreement.
10.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase Price
shall be adjusted as follows:
10.3.1 Current Year's Taxes. The Real Property is currently tax exempt
because of public ownership. Any taxes due and payable because of
this transaction and all taxes due and payable after Closing occurs
shall be paid by the Buyer. Seller shall pay any deferred or Green
Acres real estate taxes.
10.3.2 Assessments. All charges for improvements or services already made
to or which benefit the Real Property, and all levied and pending
assessments (general or special) arising out of or in connection with
any assessment district created or confirmed prior to the Closing Date
("Assessments") shall be paid in full by Seller at Closing.
10.4 Recording Costs. Seller will pay the cost of recording all documents
necessary to place record title in the condition warranted by Seller and
requested by Buyer in this Agreement. Buyer will pay the cost of recording
the warranty deed and all other documents.
10.5 Attorneys'Fees. Each of the parties will pay its own attorneys'fees, except
that a party defaulting under this Agreement or any closing document will
pay the reasonable attorneys' fees and court costs incurred by the prevailing
non-defaulting party to enforce its rights regarding such default.
11. Title Examination. Title examination will be conducted as follows:
11.1 Seller's Title Evidence. Seller shall provide to Buyer, within twenty (20)
days after the Effective Date, at its own cost and expense, the following
(collectively, "Title Evidence"):
11.1.1 Title Insurance Commitment. A commitment ("Title Commitment")
for an ALTA Form B 1992 Owner's Policy of Title Insurance or such
form as is currently in use issued by a title company selected by
Buyer, insuring marketable title to the Real Property, deleting
standard exceptions and including affirmative insurance regarding
zoning, contiguity, appurtenant easements and such other matters as
may be identified by Buyer, in the such amount as determined by
Buyer issued by First American Title Insurance Company ("Title").
-7-
<l
The Title Commitment will commit Title to insure title to the Real
Property subject only to the Pennitted Encumbrances.
11.1.2 VCC Searches. A report of VCC Searches made of the Vnifonn
Commercial Code records of the Secretary of State of Minnesota,
made by either said Secretary of State or by a search finn acceptable
to Buyer, showing no VCC filings regarding any of the Real
Property.
11.1.3 Encumbrances. A copy of every document referenced as an
exception to the title of the Real Property (including without
limitation the Pennitted Encumbrances) as described in the Title
Commitment.
11.2 Buyer's Objections. Within thirty (30) days after receiving the last of the
Title Evidence and the Survey, Buyer shall make written objections
("Objections") to the fonn and/or contents of the Title Evidence. Buyer's
failure to make Objections within such time period will constitute a waiver
of Objections. Any matter shown on the Title Evidence and not objected to
by Buyer shall be a "Pennitted Encumbrance" pursuant to this Agreement.
11.3 Title Corrections and Remedies. Seller shall have 120 days from receipt of
Buyer' swritten title objections to make title to the Real Property marketable.
Liens or encumbrances for liquidated amounts which can be released by
payment from proceeds of closing shall not delay the closing. Cure of the
defects by Seller shall be reasonable, diligent, and prompt. Pending
correction of title, all payments required herein and the closing shall be
postponed. If the Objections are not cured within such 120 day period,
Buyer will have the option to do any of the following:
11.3.1 Tennination. Tenninate this Agreement and receive a refund of the
Earnest Money and the interest accrued and unpaid on the Eamest
Money, if any.
11.3.2 Escrow for Cure. Withhold from the Purchase Price an amount
which, in the reasonable judgment of Title, is sufficient to assure cure
of the Objections. Any amount so withheld will be placed in escrow
with Title, pending such cure. If Seller does not cure such
Objections within 90 days after such escrow is established, Buyer
may then cure such Objections and charge the costs of such cure
against the escrowed amount. If such escrow is established, the
parties agree to execute and deliver such documents as may be
reasonably required by Title, and Seller agrees to pay the charges of
-8-
or
Title to create and administer the escrow.
11.3.3 Waiver of Objections. Waive the Objections and close the
transaction by this Agreement as if such Objections had not been
made.
11.4 Public Road or Utility Easement. If Buyer objects to Seller's title because of
(1) a public road, or (2) a utility easement, Seller may elect to terminate this
Agreement by giving notice to Buyer that this Agreement will terminate at
5:00 p.m. Central Daylight time on the tenth day occurring after the day of
the giving of notice by Seller to Buyer of Seller's election to terminate.
Thereupon, this Agreement shall terminate at such time and date, unless prior
thereto, Buyer shall have given notice to Seller that it waives such objection.
11.5 Title Policy. Buyer will order and pay for the Title Policy at such time as
Buyer so chooses.
12. Representations and Warranties by Seller. Seller represents and warrants to Buyer
as follows:
12.1 Corporation; Authority. Seller (a) is a political subdivision of the State of
Minnesota; (b) is duly qualified to transact business in the State of
Minnesota; and (c) has the requisite corporate power and authority to enter
into and perform this Agreement and those Seller's Clo~mg Documents
signed by it. Such documents have been (or will have been) duly authorized
by all necessary action on the part of the Seller and have been (or will have
been) duly executed and delivered. Such execution, delivery and
performance by Seller of such documents does not (and will not) conflict
with or result in a violation of any judgment, order, or decree of any court or
arbiter to which Seller is a party. Such documents are (and will be) valid and
binding obligations of Seller, and are enforceable in accordance with their
terms.
12.2 Title to Real Property. Seller owns the Real Property, free and clear of all
encumbrances except those identified on Exhibit C attached hereto.
12.3 Assessments. Seller has received no notice of actual or threatened special
assessments or reassessments of the Real Property.
12.4 Environmental Laws. Seller has no actual knowledge of (i) the presence of
any Hazardous Substances on, in or under the Real Property; or (ii) any
spills, releases, discharges or disposal of Hazardous Substances that have
occurred or are presently occurring on the Real Property.
-9-
10
Seller represents that, as of the date of this Agreement, Seller has no actual
knowledge of any failure to comply with all applicable local, state and
federal environmental laws, regulations, ordinances and administrative and
judicial orders relating to the generation, recycling, reuse, sale, storage,
handling, transport or disposal of any Hazardous Substances on or adjacent
to the Premises.
As used in this Agreement, "Hazardous Substances" shall mean: Any
substance or material defined or designated as hazardous or toxic waste,
hazardous or toxic material, hazardous or toxic substance, or other similar
term, by any federal, state or local environmental statute, regulation, order
or ordinance presently in effect, including, without limitation, asbestos and
petroleum products.
Seller shall indemnify and hold Buyer harmless from any loss, damage, or
reduction in value of the Premises by virtue of Seller's breach of its warranty
in this Section 12.4 regarding its actual knowledge of the existence of any
Hazardous Substances on the Premises, which existed at the time of the
closing.
12.5 Rights of Others to Purchase Real Property. Seller has not entered into any
other contracts for the sale of the Real Property, nor are there any rights of
first rehsal or options to purchase the Real Property or any other rights of
others that might prevent the consummation of this Agreement except the
right of John K. Ternan and his family to occupy the House Property
pursuant to paragraph 22 of the Contract for Deed between the City of Eden
Prairie and National 1031 Exchange Corporation dated October 9, 1992.
12.6 Seller's Defaults. To the best knowledge of Seller, Seller is not in default
concerning any of its obligations or liabilities regarding the Real Property.
12.7 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign
trust" or "foreign estate" as those terms are defined in Section 1445 of the
Internal Revenue Code.
12.8 Proceedings. There is no action, litigation, investigation, condemnation or
proceeding of any kind affecting the Real Property pending or to the best
knowledge of Seller threatened except litigation threatened by former owner
of the Property. .
12.9 Agents and Employees. No management agents or other personnel employed
in connection with the operation of the Real Property have the right to
continue such employment after the Closing Date. There are no claims for
brokerage commission or other payments with respect to the existing Real
-10-
1/
Property, including leases which will survive and remain unpaid after the
Date of Closing.
Notwithstanding any other provision ofthis Purchasl Agreement, Seller's indemnification
obligation under this Section 11 shall not apply to any matters or state of facts disclosed to Buyer:
in this Purchase Agreement or disclosed as a recognized environmental condition in any
environmental report given to or obtained by or on behalf of Buyer, provided however, this
exception to indemnification shall not apply to claims arising out of or relating to Seller's acts or
omissions with respect to any person or entity identified in Section 12.5 of this Agreement. Seller
shall indemnify Buyer, its successors, and assigns, against, and will hold Buyer, its successors, and
assigns, harmless from, any expense or damages, including reasonable attorneys' fees, that Buyer
incurs because of the breach of any of the above representations and warranties, whether such breach
is discovered before or after Closing.
13. Representations and Warranties by Buyer. Buyer represents and warrants to Seller
that Buyer is duly organized and is in good standing under the laws of the State of Minnesota; that
Buyer has the requisite corporate power and authority to enter into this Agreement and the Buyer's
Clo, ing Documents signed by it; such documents have been duly authorized by all necessary limited
liability company action on the part of Buyer and have been duly executed and delivered; that the
execution, delivery and performance by Buyer of such documents do not conflict with or result in
violation of Buyer's Articles of Organization or Operating Agreement or any judgment, order or
decree of any court or arbiter to which Buyer is a party; such documents are valid and binding
obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify
Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless
from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of
the breach of any of the above representations and warranties, whether such breach is discovered
before or after closing .. Consummation of this Agreement by Seller with knowledge of any breach
of such warranties and representations by Buyer will constitute a waiver or release by Seller of any
claims due to such breach. If Buyer assigns this Agreement as allowed under Section 17 hereof to
a wholly owned subsidiary, the assignee shall execute and deliver a certificate at closing containing
the above representations except that the assignee shall represent and warrant that it is incorporated
and in good standing under the laws of the State of Minnesota.
14. Condemnation. If, prior to the Closing Date, eminent domain proceedings are
commenced against all or any part of the Real Property, Seller shall immediately give notice to
Buyer of such fact and at Buyer's option (to be exercised within 30 days after the date of Seller's
notice), this Agreement shall terminate, in which event neither party will have further obligations
under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded
to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase
Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in
and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date,
Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation
proceedings without Buyer's prior written consent.
-11-
I~
15. Broker's Commission. Seller and Buyer represent and warrant to each other that
they have dealt with no brokers, finders or the like in connection with this transaction, and agree to
indemnify each other and to hold each other harmless against all claims, damages, costs or expenses
of or for any other such fees or commissions resulting from their actions or agreements regarding
the execution or performance of this Agreement, and will pay all costs of defending any action or
lawsuit brought to recover any such fees or commissions incurred by the other party, including
reasonable attorneys' fees.
16. Mutual Indemnification. Seller (except formatters covered by Section 12) and Buyer
agree to indemnify each other against, and hold each other harmless from, all liabilities (including
reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or
maintenance of the Real Property for their respective periods of ownership. Such rights of
indemnification will not arise to the extent that (a) the party seeking indemnification actually
receives insurance proceeds or other cash payments directly attributable to the liability in question,
(net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for
indemnification arises out of the act or neglect of the party seeking indemnification. If and to the
extent that the indemnified party has insurance coverage, or the right to make claim against any third
party for any amount to be indemnified against as set forth above, the indemnified party will, upon
full performance by the indemnifying party of its indemnification obligations, assign such rights to
the indemnifying party or, if such rights are not assignable, the indemnified party will , at the
indemnifying party's sole cost and expense, diligently pursue such rights by appropriate legal action
or proceeding and assign the recovery andlor right of recovery to the indemnifying party to the
extent of the indemnification payment made by such party.
17. Assignment. Buyer may not assign its rights under this Agreement, without the prior
written consent of the Seller which consent may be withheld in Seller's reasonable discretion,
provided Buyer may assign this Agreement to a wholly owned subsidiary incorporated and qualified
to conduct business in Minnesota or to an entity to facilitate financing of the acquisition of the Real
Property.
18. Survival. Each of the representations and warranties herein contained and all of the
terms of this Agreement will survive and be enforceable after the Closing.
19. Notices. Any notice required or permitted to be given by any party upon the other
is given in accordance with this Agreement if it is directed to Seller by delivering it personally to
an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer;
or if mailed in a sealed wrapper by United States registered or certified mail, return receipt
requested, postage prepaid; or transmitted by facsimile, a copy followed by mail notice as above
required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly
addressed as follows:
If to Seller: Eden Prairie City Offices
Attention: David Lindahl
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Facsimile: 612-949-8383
-12-I)
With a copy to:
If to Buyer:
With a copy to:
Richard F. Rosow
Lang, Pauly, Gregerson & Rosow, Ltd.
1600 IBM Park Building
650 Third Avenue South
Minneapolis, MN 55402-4337
Facsimile: 612-349-6718
Hartford Financial Services, LLC
1500 McAndrews's Road West
Burnsville, MN 55337
Facsimile: 612-942-0333
William Griffith
Larkin, Hoffman, Daly & Lindgren, LTD
7900 Xerxes Ave. S. Su9ite 1500
Bloomington, MN 55431-1194
Facsimile: 896-3333
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as
aforesaid, provided, however, that if notice is given by deposit, that the time for response to any
notice by the other party shall commence to run one business day after any such deposit. Any party
may change its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified, 10 days prior to the effective date of such change.
20. Captions. The Section headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are not to be considered in interpreting this
Agreement.
21. Entire Agreement; Modification. This written Agreement constitutes the complete
agreement between the parties and supersedes any prior oral or written agreements between the
parties regarding the Real Property. There are no verbal agreements that change this Agreement and
no waiver of any of its terms will be effective unless in a writing executed by the parties.
22. Binding Effect. This Agreement binds and benefits the parties and their successors
and assigns.
23. Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
24. Remedies. Except as provided in Section 11.3 hereof, if Buyer defaults under this
Agreement, Seller shall have the right to terminate this Agreement by giving written notice to
-13-
I~
Buyer. If Buyer fails to cure such default within ten (10) days of the date of such notice, this
Agreement will terminate, and upon such termination Seller may obtain and retain the Earnest
Money as liquidated damages, time being of the essence of this Agreement. The termination of this
Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such
default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller
defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering
from Seller specific performance of this Agreement. Buyer shall have no right to seek damages
from Seller for Seller's defaults hereunder. If Seller defaults under this Agreement, Buyer shall have
no right to seek damages from Seller for Buyer's loss of its bargain in failing to acquire the Real
Property.
IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first
written above.
SELLER: BUYER:
CITY OF EDEN PRAIRIE HARTFORD FINANCIAL SERVICES, LLC
By ____________________________ __
Its Mayor
By ____________________________ __
Its City Manager
ST ATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on the __ day of , 1999,
by Jean Harris the Mayor and Christopher Enger, the City Manager, respectively, of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
-14-
IS
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on the __ day of _______ _
19_, by the and
----------, the ---_________ -', respectively, of Hartford
Financial Services, LLC, on behalf of the company.
Notary Public
rfrleplhartfordlpurchase agreement J 699
-15-
Ip
EXHIBIT A-I -Legal Description of the Real Property (first Recital paragraph)
EXHIBIT A-2 -Legal Description of the House Property (Section 1)
EXHIBITB -Escrow Agreement
EXHIBIT C -Encumbrances (Section 12.2)
-16-
17
EXHIBIT A-I
Legal Description of the Real Property
Lot 4, Block 1, Eden Prairie Marketcenter, Hennepin County, Minnesota.
17
1C6
EXHIBIT A-2
Legal Description of "House Property"
The South 171 feet of the North 190 feet of the East 220 feet of the South Y2 of the
Northwest Quarter of Section 14, Township 116, Range 22.
-18-
'1
EXHIBITB
ESCROW AGREEMENT
This Escrow Agreement is made and entered into effective this day 19th of January, 1999 by
and among City of Eden Prairie, a Minnesota corporation ("Seller"), Hartford Financial Services,
LLC ("Buyer"), and First American Title Insurance Company ("Escrow Agent").
RECITALS:
1. Buyer and Seller have entered into a Purchase Agreement dated effective January 19,
1999 (the "Purchase Agreement").
2. The Purchase Agreement provides for an escrow by Buyer of Twenty-Five Thousand and
no/ 100 Dollars ($25,000.00) (the "Earnest Money Funds"), which are to be held by the Escrow
Agent in an interest-bearing escrow account pending closing on or termination of the Purchase
Agreement.
3. The Purchase Agreement also provides for an escrow by Buyer of an amount undctermined
as of now as security for costs Buyer may incur for testing, investigation or surveying of the Real
Property subject to the Purchase Agreement (the "Security Funds") which are to be held by the
Escrow Agent in an interest-bearing account until the earlier of: (i) receipt by the Seller of lien
waivers from all persons or entities providing labor or matcrials with respect to said activities~ (ii)
120 days following closing or termination of the Purchase Agreement; or (iii) in the event a
mechanic's 1ien(s) is filed against thc Property on account of the work identified above is not
discharged or contested in good faith within thirty (30) days of filing or if a judgment is entered in
favor of the mechanic's lien claimant, the Seller may withdraw a sufficient amount from the Security
Funds to pay said lien(s). In addition the Purchaser may obtain a release(s) of a portion of the
Security Funds upon tcndering to the Escrow Agent a mechanics lien release from a contractor or
suppliers identified on the Sworn Statement. For each mechanic's lien release so tendered the portion
of the Security Funds to be release shall in no event exceed the one and one halftimes the amount
scheduled by Purchaser on the Sworn Statement.
4. The parties hereto wish to set forth their agreement as to the handling of the Earnest
Money Funds and the Security Funds.
NOW, THEREFORE, in consideration of the covenants and conditions contained herein
and in the Purchase Agreement, Seller, Buyer, and Escrow Agent hereby agree as follows:
1. Deposit of Earnest Money Funds. Promptly upon execution ofthis Escrow Agreement,
the Buyer shall deposit with the Escrow Agent the sum ofTwenty-Five Thousand and no/ 1 00 Dollars
-19-
';)0
($25,000.00).Escrow Agent agrees to accept, receive, hold in trust, and disburse the Earnest Money
Funds pursuant to the terms of this Escrow Agreement. The interest earned on the Earnest Money
Funds shall belong to the Buyer, unless the Earnest Money Funds are paid to the Seller pursuant to
the terms of the Purchase Agreement.
2. Deposit of Security Funds. Prior to Buyer's conducting any investigation, testing or
surveying on the Real Property Buyer shall deposit with the Escrow Agent the 1 Yz times the total
amount to be due from Buyer to its contractors and suppliers for said work and deliver to Seller and
Escrow Agent a Sworn Statement identifYing the amount to be owed each contractor or supplier ..
Buyer shall give seven (7) days written notice to Seller of the sum it intends to deposit the Security
Funds with the Escrow Agent. If Seller does not file a written objection with the Buyer and Escrow
Agent prior to the expiration of the seven (7) day period, Escrow Agent shall accept the deposit of
the Security Funds from the Buyer. Escrow Agent agrees to accept, receive, hold in trust, and
disburse the Security Funds pursuant to the terms of this Escrow Agreement. The interest earned on
the Security Funds shall belong to the Buyer, except and to the extent the Security Funds are
expended to discharge liens that may may result from said work.
3. Pay-Out of Earnest Money Funds. The Seller and Buyer agree that paragraphs 3.1,
3.2, 7 and 24 of the Purchase Agreement (a copy of which has been provided to the Escrow Agent)
shall govern the pay-out of the Earnest Money Funds and Security Funds respectively. Release of
the Earnest Money Funds shall occur ten (10) days after the Escrow Agent receives a written demand
for release from a party, accompanied by an affidavit of an officer of the party representing that a
copy of the demand has been delivered to the other party and representing the facts which entitle the
party to payment of the Earnest Money Funds under the Purchase Agreement. The Escrow Agent
shall release the funds to the party demanding release, unless the Escrow Agent shall receive a written .
objection from the other party within the ten (I 0) day period. In the event of such objection, the
parties shall promptly refer the matter to arbitration and the Escrow Agent shall make payment of the
Earnest Money Funds and or Security Funds based upon the determination of the arbitrator. The
arbitration shall be held in Minneapolis, Minnesota. Within fifteen (I 5) days of the commencement
of arbitration by notice from one party to the other, the parties shall each submit to the other a list
offive (5) proposed arbitrators, each of which is a retired State or Federaljudge or attorney who has
practiced business law for at least ten (l0) years and who has not had any legal or business
relationship with the party proposing his or her participation. If the parties are unable to or fail to
agree upon an arbitrator within thirty (30) days of delivery of the initial notice of arbitration, either
party may request that the Chief Judge of the District Court for the Fourth Judicial District of
Minnesota designate the arbitrator. Arbitration shall be conducted pursuant to the provisions of this
Agreement and the Commercial Arbitration Rules of the American Arbitration Association. Each
party shall pay its own attorneys' fees and costs in any such arbitration proceeding and the costs of
arbitration shall be equally divided between the parties. The parties shall use their best efforts to
expedite the completion of arbitration.
4. Successor Escrow Agent. If the Security Funds have not been paid out by September
1, 1999 the Escrow Agent may resign upon thirty (30) days' written notice to Seller and Buyer and
-20-
~l
upon thE' effective date of such resignation, the Earnest Money Funds, if any, and the Security Funds
shall be delivered to a successor escrow agent. If a successor escrow agent is not appointed by
ffiutual agreement of Seller and Buyer within the thirty (30) day period following the Escrow Agent's
not i ~e, Escrow Agent may petition a court of competent jurisdiction to name a successor. The cost
of such action shall be paid one-half(Yl) by Seller and one-half(Yl) by Buyer.
5. Liability of First American Title Company. The sole duties of Escrow Agent shall
be those described herein, and Escrow Agent shall be under no obligation to determine whether the
other parties hereto are complying with any requirements oflaw or the terms and conditions of any
other agreements among said parties. Escrow Agent may conclusively rely upon and shall be
protected in acting upon any notice, consent, order, or other document believed by it to be genuine
and to have been signed or presented by the proper party or parties, consistent with reasonable due
diligence on Escrow Agent's part. Escrow Agent may consult the advice of counsel with respect to
any issue concerning the interpretation of its duties hereunder. Buyer and Seller hereby acknowledge
such fact and indemnify and hold harmless Escrow Agent from any action taken by it in good faith
in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice, consent,
order, or other document, and its sole responsibility shall be to act as expressly set forth in this
Escrow Agreement. Escrow Agent shall be under no obligation to institute or defend any action, suit,
or proceeding in connection with this Escrow Agreement. The parties hereto hereby indemnify and
hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties
hereunder.
6. Escrow Account Expenses. The Buyer shall pay all costs of maintaining the escrow
account.
IN WITNESS WHEREOF, the Seller, Buyer, and Escrow Agent hereto have caused this
Escrow Agreement to be executed effective the date first above written.
(The remainder of this page is intentionally left blank)
-21-
~~
-22-
d
SELLER:
City of Eden Prairie,
a Minnesota municipal corporation
By __________________________ __
Its Mayor
By ______________________ __
Its City Manager
BUYER:
Hartford Financial Associates, LLC,
a Minnesota limited liability company
ESCROW AGENT:
First American Title Insurance Company
By ________________________ ___
Its. ___________________________ _
Exhibit C
Encumbrances
1. Building and zoning laws, ordinances, state and federal regulations.
2. Utility and drainage easements that do not interfere with Buyer's contemplated
improvements to the Real Property.
3. Easements shown on plat of Eden Prairie Marketcenter.
4. Easement for road and utilities in favor of Eden Prairie, as set forth in Document Nos.
1693502 and 1693503.
5. Easement for road and utilities in favor of Eden Prairie, as set forth in Document No.
1486616, legal description reformed by Court Order filed as Document No. 1915513.
6. Easement for transmission line in favor of North em States Power Company, as set forth in
Document No. 1321789.
7. Easement for road and utilities in favor of Eden Prairie, as set forth in Document No.
1665816.
8. Easement for road and utilities in favor of Eden Prairie, as set forth in Document No.
1486615, legal description reformed by Court Order filed as Document No. 1915515.
9. Rights of County in Prairie Center Drive pursuant to memorial plats filed as Document Nos.
1915516 and 1915514.
City of Eden Prairie
City Offices
8080 Mitchell Road • Eden Prairie, MN 55344-4485
Phone (612) 949·8300 • TOO (612) 949·8399 • Fax (612) 949·8390
January 20, 1999
Terri A. Heater
National 1031 Exchange Corporation
156 West Neal Street
Pleasanton, CA 94566
John Teman
8010 Eden Road
Eden Prairie, MN 55344
Dear Ms. Heater and Mr. Teman:
Notice is hereby given pursuant to paragraph 22 of the Contract for Deed (Contract)
Dated October 9, 1992 between the National 1031 Exchange Corporation and the City of Eden
Prairie that the City intends to commence construction activities for the development of the
"House Property" as defined in the Contract on April 21,1999 the "Surrender Date." The
Temans and any other occupants ofthe House Property shall surrender and vacate the House
Property as ofthe Surrender Date. Pursuant to the terms ofthe Contract, National 1031
Exchange Corporation "shall cause the Temans to vacate and surrender the House Property to
Purchaser (the City of Eden Prairie) in its then as is condition." The Temans may elect pursuant
to the Contract to retain ownership ofthe house located on the House Property by removing the
same on or before the Surrender Date. A copy of the legal description of the "House Property"
which was attached as Exhibit A-2 to the Contract is attached hereto for your convenience.
Very truly yours,
CITY OF EDEN PRAIRIE
Chris Enger, City Manager Jean Harris, Mayor
Enclosure
@
recycled paper
EXHIBIT A-2
Legal Description of "House Property"
The South 171 feet of the North 190 feet of the East 220 feet of the South Y2 of the
Northwest Quarter of Section 14, Township 116, Range 22.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1/19/99
SECTION: Consent Calendar ITEM NO. YJ .j':
SERVICE AREA: ITEM DESCRIPTION: Approve APT License Agreement for
Management Services Communications Facility at Fire Station #2.
Facility Management
Barbara Cross
RECOMMENDATION:
Move to approve the license agreement between the City of Eden Prairie and APT Minneapolis, Inc ..
The agreement allows Aerial Communications to install ground support equipment on property owned
by the City, located at 12100 Sunnybook Road.
BACKGROUND:
APT approached the City asking permission to install equipment on the Sunnybrook Road fire station
property to cover a "hole" in cell phone coverage caused by the bluff of the Minnesota River. APT
requested installation of only ground support equipment because they would use the existing NSP
tower on site for the antennae.
SUMMARY OF SPECIFIC POINTS
The details of the license agreement have been worked out with the City Attorney and closely match
other leases the City has with other cellular vendors. The term of the lease is 5 years with three, five
year options to renew. The City will receive payment of $500/ month the first year with a 5%
escalation each year. The 5% escalation will also apply to each option term.
The ground support equipment has been designed to match the existing fire station in design and
details. The proposed ground support equipment will be enclosed in a brick clad shelter that will
mirror the existing trash enclosure attached to the building. The enclosure will include;
• approximately a 15' x 15' area on the north east comer of the existing fire station
• brick will match the existing fire station brick
• metal gate enclosing and securing area will match existing gate on trash enclosure
• concrete sidewalks and mow strips eliminate additional maintenance
Attachment: License Agreement
I
LICENSE AGREEMENT
This License Agreement, (or "Agreement") made this day
of January, 1999, between City of Eden Prairie, 8080 Mitchell Road,
Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation,
hereinafter referred to as "Grantor," and APT Minneapolis, Inc., a
Delaware corporation, hereinafter referred to as "Grantee."
RECITALS:
A. Grantor is the owner of certain real property located in
Hennepin County, State of Minnesota, and more particularly
described in Exhibit A attached hereto (the "Land") on which
is situated an electric transmission tower owned by NORTHERN
STATES POWER COMPANY (the "Tower").
B. Grantee desires a non-exclusive license to use portions of the
Land as described herein for the purpose of constructing,
operating, and maintaining a communications facility
( "Facility") .
NOW THEREFORE, the parties agree as follows:
1. Grant of License. Grantor grants to Grantee a license for the
use of that part of the Land for the period, uses, and
consideration in accordance with all of the terms, covenants,
conditions, and provisions contained herein.
2. Term. The term of the license granted hereby shall be for a
period of five years, commencing on the first day of February,
1999 (the "Term").
3. Consideration. Grantee shall pay to Grantor the following:
(a) Annual license fees in the following amounts:
Year 1 $6,000
Year 2 6,300
Year 3 6,615
Year 4 6,946
Year 5 7,293
Annual license fees shall be payable in equal monthly
installments commencing on or before the first day on
which the Term commences and on or before the first day
-1-
J
of each month thereafter during the Term and any Extended
Term as provided hereafter.
4. Grantee's Use. Grantee may use the following parts of the
Land for the following uses, and the construction,
maintenance, repair and replacement of the following (all of
which are hereafter referred to as the "Improvements"):
(a) Approximately 289 square feet of the Land as described in
Exhibit B attached hereto to house and contain radio
equipment ("Equipment Structure").
(b ) Utility wires, cables , conduits and pipes underground and
within that part of the Land described in Exhibit C
attached hereto.
(c) Right to ingress and egress 24 hours each day, seven (7)
days a week, on foot or motor vehicle on and over that
part of Land from and to The Facility, as described in
Exhibit C for the purpose of inspecting, maintaining and
repairing its antenna facility and related equipment,
provided however, Grantor shall have the right to require
Grantee to exercise its right of ingress and egress on
and over a different part of the Land or other land as
may be provided by or through Grantor.
(d) A separately metered connection to the electric utility.
All Improvements shall be at Grantee's expense and the
Improvements, including antennas and equipment, shall be
maintained in a reasonable condition and secured by Grantee.
Grantee shall ensure that its use of the Land is consistent
with all local, state and federal laws, ordinances, and
regulations.
5. Non-Exclusive License. Except as to that part of the Land
described in Exhibits B, and C, Grantee's license to use
Grantor's Land is non-exclusive and Grantor shall have the
right to use its Land and to authorize others to do so as
Grantor, in its sole discretion, may determine. Grantee's use
of that part of the land described in Exhibits Band C is
subject to the provisions of Section 13. In the event that
the use of the Land by others to whom Grantor may authorize
such use constitutes an unreasonable or harmful interference
with Grantee's use of the Property, Grantee may give notice to
Grantor of such interference. If the interference is not
corrected within thirty (30) days after the giving of such
notice, Grantee may terminate this agreement upon notice to
Grantor.
6. Utilities and Taxes. Grantee will be responsible for
installation and payment of all utilities required by its use
-2-
3
of the Land. Grantee shall pay personal property or real
estate taxes levied against or upon the Improvements or the
Land as a result of the Improvements or use of the Land by
Grantee. Grantor will provide to Grantee a copy of any notice
of taxes or special assessments imposed upon the Improvements
or Land as a result of the Improvements or use of the Land by
Grantee, which Grantor may receive from any taxing authority.
Subject to any and all limitations imposed by law, Grantee may
contest, at its own expense, any such taxes or assessments.
7. Maintenance. All costs for maintenance of the Land, that
result from Grantee's use of the Land, shall be paid promptly
to Grantor by Grantee upon Grantor's incurring the cost
thereof.
8. Ownership of Improvements. During the term of this Agreement
and any Extended Term, ownership of the Improvements will
remain in the Grantee. Upon termination of this Agreement
pursuant to this agreement, or expiration of the Term or an
Extended Term, the Improvements shall become the property of
Grantor, except (a) the transmi tting , receiving, antennae
switching equipment and cabinets commonly associated with
wireless telephone service, and (b) those as to which Grantor
notifies Grantee of Grantor's desire to have removed. In the
event Grantor gives such notice to Grantee, Grantee shall, not
less than sixty (60) days from the effective date of notice,
remove those Improvements which Grantor has notified Grantee
of its desire to have removed and shall restore the Land from
which they have been removed to its condition at the
commencement of the Term.
9. (intentionally left blank)
10. Indemnification. Grantee shall defend, indemnify, and hold
Grantor harmless against any claim of liability or loss from
bodily injury, property damage or liens resulting from or
arising out of the use and occupancy of the Land, the Tower or
the Facility, and the installation and/or removal of the
Improvements by the Grantee, its servants or agents, including
reasonable attorneys' fees and costs, provided such injury to
persons or damage to Property are not due to the sole
negligence or willful acts or omissions of Grantor, its
officers, employees or agents.
11. Insurance. Grantee shall carry adequate insurance to protect
the parties against any and all claims, demands, actions,
judgments, expenses (including reasonable attorney's fees) and
liabilities which may arise out of or result, directly or
indirectly, from Grantee's use of the Property. The policy
-3-
providing the insurance shall list Grantor as an additional
insured to the extent required to indemnify under paragraph 10
of this Agreement and shall specify that it will be the
primary coverage as respects Grantee's negligence. The policy
shall have coverage limits of at least $2,000,000 for anyone
occurrence and $3,000,000 total aggregate based on a c~rrent
ISO General Liability Form or equivalent. Grantee shall also
maintain worker's compensation insurance required by law.
Insurance meeting the requirements of this paragraph shall be
maintained for the entire Term and Extended Terms provided in
this Agreement. Grantee shall provide a certificate of
insurance before installing the Improvements and using the
Land. Grantee shall thereafter provide current certificates
of insurance upon Grantor's request and at least annually.
Insurance shall not be subject to cancellation unless thirty
(30) days prior written notice has been given to Grantor.
12. Temporary Interruptions of Service. When Grantor determines
that continued operation of Grantee's Facility would cause or
contribute to an immediate threat to the public (including
maintenance and operating personnel) health and/or safety,
Grantor may without prior notice to Grantee cause
discontinuance of operation of Grantee's Facility or may order
Grantee to discontinue its operation. Discontinuance of
Grantee's operation shall include, but not be limited to
shutting down the transmission of electromagnetic waves or
impulses to or from the facility. Grantee shall immediately
comply with such an order. Service shall be discontinued only
for the period that the immediate threat exists. If prior
notice is not given to Grantee, Grantor shall notify Grantee
as soon as possible after its action and give its reason for
taking the action. Grantor shall not be liable to Grantee or
any other party for any interruption in Grantee's service or
interference with Grantee's operation of its Facility. If the
discontinuance shall extend for a period greater than three
days, either consecutively or cumulatively, Grantee shall have
the right to terminate this Agreement within its sole
discretion without any prior notice. Any rent paid by Grantee
for any period of time after the date of termination shall be
refunded to Grantor.
13. Interference with the Land And Fire Station. Grantee shall
not interfere with Grantor's use of land (and others to whom
Grantor has granted the use of the Land) and agrees to cease
all such actions which unreasonably and materially interfere
with Grantor's or other's use of the Land no later than three
(3) business days after receipt of written notice of the
interference from Grantor. If the interference cannot be
eliminated within 30 days after Grantee has received written
notice, either Landlord or Tenant may at its option terminate
this Agreement immediately.
-4-
5
"
Grantor maintains a fire station situated on the Land.
Grantee shall never under any circumstances interfere with
Grantor's use of the fire station including access to, and
egress from, the fire station. In the event Grantee
interferes with Grantor's use of the fire station, Grantor may
immediately terminate this agreement without notice.
14. Interference with Communications. Grantee's use and operation
of its Facility shall not interfere with the use and operation
of other communication facilities of Grantor. If Grantee's
Facility causes interference, Grantee shall take all measures
necessary to correct and eliminate the interference. If the
interference cannot be eliminated within 48 hours after
receiving Grantor's written notice of the interference,
Grantee shall immediately cease operating its Facility and
shall not reactivate operation, except intermittent operation
for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within
30 days after Grantee has received Grantor's written notice,
Grantor may at its option terminate this Agreement
immediately.
15. Additional Covenants. Grantee shall (a) not, without
Grantor's consent, remove, cut or trim any trees or other
vegetation on the Land, and (b) replace significant trees (as
defined in Eden Prairie City Code) lost or reasonably
anticipated to be lost as a result of construction of
improvements upon the Land in accordance with the provisions
of Eden Prairie City Code Section 11.55, Subd. 5. C. 9.
16. Default. The following shall constitute an event of default
by Grantee ("Grantee's Default"):
(a) Grantee's failure to make prompt payment of fees or other
amounts due within fifteen (15) days after they become
due.
(b) Grantee's failure to comply with Grantee's obligations
contained in Sections 5, 12, 13 and 14 of this Agreement.
(c) Grantee's failure to observe or perform any other
covenant or condition contained in this Agreement within
30 days after written notice to Grantee specifying such
failure and requiring Grantee to remedy the same.
(d) The adjudication of Grantee as bankrupt by a court of
competent jurisdiction, or the entry by such a court of
an order approving a petition seeking reorganization of
Grantee under the federal bankruptcy laws or any other
applicable law or statute of the United States of America
or any State thereof, or the appointment by such a court
of a trustee or receiver or receivers of Grantee or of
-5-o
all or any substantial part of its property upon the
application of any creditor in any insolvency or
bankruptcy proceeding or other creditor's suit in each
case, the order or decree remains unstayed and in effect
for ninety (90) days.
(e) The filing by Grantee of a petition in vo~untary
bankruptcy or the making by it of a general asslgnment
for the benefit of creditors or the consenting by it to
the appointment of a receiver or receivers of all or any
substantial part of the property of Grantee; or the
filing by Grantee of a petition or answer seeking
reorganization under the federal bankruptcy laws or any
other applicable law or statute of the United States of
America or any State thereof; or the filing by Grantee of
a petition to take advantage of any debtor's act.
17. Remedies. Upon Grantee's Default, Grantor shall be entitled
to terminate this Agreement, seek specific performance, and/or
seek damages. The exercise of one or more of such remedies by
Grantor shall not be deemed an election or waiver of the right
to exercise any other remedy.
18. No Duty to Repair -Termination.
Grantor shall have no duty or obligation to maintain, repair,
restore, replace or modify the Tower, the Land, or any of
Grantor's facilities, fixtures, personal property or
improvements located thereon or therein.
Grantor shall have, and reserves, the right in its sole
discretion to terminate this agreement at any time if, in
Grantor's sole judgment, Grantor shall conveyor transfer to
another the Land.
Upon termination of this Agreement pursuant to Grantor's or
Grantee's right to terminate this Agreement as provided herein
or upon expiration of the Term or any Extended Term, the
parties obligations under this Agreement shall cease, except
Grantee's obligations with respect to Sections 8 and 10 of
this Agreement and to make payment of any amounts to which
Grantor is entitled at such time. Termination shall not
relieve Grantee of any liability by way of damages to which
Grantor may be entitled upon Grantee's default hereunder.
19. Extended Terms. Grantee shall have the right to extend this
Agreement and the license for three (3) additional five (5)
year terms ("Extended Terms") by giving Grantor written notice
of its intention to do so at least six (6) months prior to the
end of the Term or the then current Extended Term. The annual
license fees for the Extended Terms are as follows:
-6-
7
First Extended Term Second Extended Term
Year 6 $7,657 Year 11 $9,773
Year 7 8,040 Year 12 10,262
Year 8 8,442 Year 13 10,775
Year 9 8,864 Year 14 11,314
Year 10 9,297 Year 15 11,880
Third Extended Term
Year 16 $12,472
Year 17 13,096
Year 18 13,751
Year 19 14,439
Year 20 15,161
20. No Representation or Warranty -Conditional Grant. Grantor
makes no representation or warranty regarding the condition of
its title to the Land and use of the Land is subject to
Grantee's own investigation and acceptance thereof "as is".
Grantee's rights granted pursuant to this Agreement are
subject and subordinate to all limitations, restrictions and
encumbrances relating to Grantor's interest in the Land that
may affect or limit Grantor's right to grant those rights to
Grantee.
The Land or part thereof is subject to an easement from Hilda
M. Raquet to Northern States Power Company ("NSP"), dated
September 21, 1968 filed in the office of the Registrar of
Titles, Hennepin County, Minnesota, Document Number 924928
("the easement"). The grant of this license is subject and
subordinate to the rights and interests of NSP, its successors
and assigns granted by the easement.
21. Entire Agreement. This Agreement contains all agreements,
promises and understandings between Grantor and Grantee and no
verbal or oral agreements, promises, or understandings shall
or will be binding upon either Grantor or Grantee in any
dispute, controversy, or proceeding at law, and any addition,
variation, or modification to this Agreement shall be void and
ineffective unless it is in writing and signed by the parties
hereto.
22. Interpretation. This Agreement and the performance thereof
shall be governed, interpreted, construed, and regulated by
the laws of the State of Minnesota.
23. Assianment. Grantee may not assign or otherwise transfer all
or any part of its interest in this Agreement or in the
improvements without the prior written consent of Grantor,
which consent shall not be unreasonably delayed or withheld.
24. Notices. Any notice required or permitted to be given by any
party upon the other is given in accordance with this
Agreement if it is directed to Grantor by delivering it
personally to the Manager of Grantee; or if it is directed to
Grantee, by delivering it personally to Real Estate Department
of Grantee; or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested,
postage prepaid; or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed as
follows:
If to Grantor:
If to Grantee:
with a copy to:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: City Manager
American Portable Telecom
P.O. Box 31793
Chicago, Illinois 60631-0793
Attn: Real Estate Dept.
APT Minneapolis, Inc.
8000 West 78 th Street, Suite 400
Minneapolis, MN 55439
Notices shall be deemed effective on the earlier of the date
of receipt or the date of deposit as aforesaid; provided,
however, that if notice is given by deposit, that the time for
response to any notice by the other party shall commence to
run one business day after any such deposit. Any party may
change its address for the service of notice by giving written
notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
25. Recording of Memorandum. Grantor shall execute and Grantee
shall be permitted to record at any time a memorandum of this
Agreement. If this Agreement is terminated prior to the
expiration of its term, Grantee shall record an appropriate
instrument to clear the memorandum from the title to the Land.
-8-
1
· .
IN WITNESS WHEREOF, the parties hereto have set their hands
and affixed their respective seals the day and year first above
written.
Date: ________________ , 1999
Date: ________________ , 1999
STATE OF MINNESOTA)
) SSe
COUNTY OF HENNEPIN)
GRANTOR
CITY OF EDEN PRAIRIE
By:
Jean L. Harris
Its: Mayor
By:
Christopher Enger
Its: Manager
Taxpayer ID I: 41-0855460
TENANT
APT MINNEAPOLIS, INC.
By:
Its:
By:
Its:
Taxpayer ID I:
The foregoing instrument was acknowledged before me this __ _
day of , 1998, by Jean L. Harris and Christopher
Enger, respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said
corporation.
Notary Public
-9-
10
STATE OF -------)
) ss.
COUNTY OF ------)
The foregoing instrument was
_____________ , 1999, by
__________________________ , the
acknowledged before me this
day of
and
of APT Minneapolis, Inc.
Notary Public
C:\wp51\rap\ep\police\antenna.agr\license.agr
-10-
I(
and
DATE: 01119/99
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: II. G-,
ITEM DESCRIPTION:
Public Works SERVICE AREA: rffi-. Limited Use Permit Agreement with MnDOT and the City of Minnetonka
Eugene A. Dietz Trail Construction along County Road 62
v
Requested Action:
Move to approve resolution authorizing the Mayor and City Manager to execute a Limited Use
Permit with the Minnesota Department of Transportation and the City of Minnetonka for the
purpose of constructing, maintaining and operating trail improvements within the rights-of-way
of Trunk Highway Nos. 62 and 494 between Clearwater Drive and Baker Road.
Background:
The City of Minnetonka proposes improvements to Clearwater Drive and also a trail connection
along the north side of County Road 62 between Baker Road and Clearwater Drive. The right-
of-way is regulated by MnDOT and portions of the right-of-way are within the corporate limits
of the City of Eden Prairie.
Minnetonka proposes to construct a 2.5 meter.,.wide trail segment at no cost to the City of Eden
Prairie and by execution of the agreement assumes all liabilities and responsibilities associated
with the trail, both at initial construction and for long term maintenance. MnDOT requires
approval by the City of Eden Prairie as part of the process. Staff recommends approval of the
resolution.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE A
LIMITED USE PERMIT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MINNETONKA FOR THE PURPOSE OF
CONSTRUCTION, MAINTAINING AND OPERATING TRAIL IMPROVEMENTS
WITHIN THE RIGHTS-OF-WAY TRUNK HIGHWAYS NOS. 62 AND 494
BE1WEEN CLEARWATER DRIVE AND BAKER ROAD
WHEREAS, the City of Minnetonka proposes to make certain improvements to Clearwater
Drive, including trail construction;
WHEREAS, portions of the trail segment are located within Minnesota Department of
Transportation right-of-way and also within the corporate limits of the City of Eden Prairie;
WHEREAS, the Minnesota Department of Transportation requires Limited Use Permits for
trail/sidewalks within their rights-of-way; and
WHEREAS, the Limited Use Permit requires that the City of Minnetonka assume all liabilities,
obligations or responsibilities pertaining to the construction, maintenance and operation of that
portion of the trail located within the corporate limits of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOL VEO by the Eden Prairie City Council that the Limited
Use Permit is hereby approved and that the Mayor and City Manager are hereby authorized and .
directed to execute the document on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on January 19, 1999.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
. iiI i 'i, /
\ \1,1/ ,MIl
'I\/}l/ I!\~~ ... ;t; e~onka '" ii' I ~ i: .
, I Alt l fi/ull ~l 1~,l,2o Minnetonka Boulevaro
. '! ';", I. ;
( ; -11.1 ; I. , ,yf . /I
December 31, 1 998
Mr. Eugene A. Dietz, P.E.
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Dear Gene:
Minnetonka, MN 55345 612-939-8200 Fax 612-939-8244
Attached is a Limited Use Permit MnDOT is requiring the City of Minnetonka to
execute in order to construct a trail on the north side of TH 62 between Clearwater
Drive and Baker Road. As I indicated on the phone to you, MnDOT is also requiring the
City of Eden Prairie to sign off on the permit since portions of the trail are within Eden
Prairie's boundaries. Please note that the agreement specifically states that Minnetonka
is solely responsible for maintenance and liability of this trail. MnDOT is requesting
Eden Prairie's signatures on this agreement to make certain Eden Prairie concurs with
Minnetonka's request and the terms of the agreement.
I would appreciate it if you could schedule this item at your earliest convenience for
approval by your City Council. As you can tell by MnDOT's attached transmittal letter,
they will need five certified copies of a resolution authorizing your Mayor and City
Administrator to execute the agreement. Attached is a resolution that we've previously
used for this purpose, and plan to use for this agreement as well.
If you have any questions with regard to this matter, please do not hesitate to contact
me.
Sincerely,
Lee Gustafson, P.E.
Director of Engineering
Enclosures
h:\ph\gustafson\dietz.th62.wpd
3
Minnetonka ... where quality comes naturally
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 2773 (62=384)
County of Hennepin
S.AP. No. 142-161-01
Townline Trail Extension
City of Minnetonka
In accordance with Minnesota Statutes Section 161.434 and Federal-Aid Policy Guide,
Part 652, a Limited Use Permit is hereby granted to the City of Minnetonka, Permittee. This
permit is for the purpose of constructing, maintaining and operating a non-motorized
recreational trail, (hereinafter called trail), within the rights of way of Trunk Highways No. 62
and 494 as shown in red on Exhibit "A", which is attach~d hereto and incorporated herein by
reference. This permit is executed by the Permittee pursuant to the attached resolution. In
addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. The construction, maintenance, and supervision of the trail shall be at no expense to
the Minnesota Department of Transportation.
2. Before construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the Division Engineer.
3. No permanent structure(s) or advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
4. No commercial activity or activities shall be allowed to operate upon said State of
Minnesota right of way.
5. Any and all maintenance of the trail shall be provided by the Permittee; this includes,
but is not limited to, the plowing and removal of snow, and the installation and removal
of regulatory signs.
6. This permit is non-exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
Page 1 of4
4
7. The Permittee shall preserve and protect all utilities located on the lands covered
by this permit at no expense to the Minnesota Department of Transportation and it
shall be the responsibility of the Permittee to call the Gopher State One Call System
at 1-800-252-1166 at least 48 hours prior to performing any excavation.
8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the highway and shall provide and ensure reasonable and adequate stopping sight
distance.
9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation Division Engineer
that the construction geometrics and procedures result in a trail that is compatible with
the safe and efficient operation of the highway facility.
10. Approval from Minnesota Department of Transportation Division Engineer shall be
required for any changes from the approved plan.
11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
12. This permit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation
purposes. This permit does not grant any interest whatsoever in land, nor does it
establish a permanent park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (t) of the Federal-Aid Highway Act of 1968, nor does
this permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
14. This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 60
days written notice of such intent. Upon said notice of cancellation the trail shall be
removed within 60 days, at no cost to the Minnesota Department of Transportation,
by the Permittee and at the sole expense of the Permittee. Upon cancellation of said
permit, or any portion thereof, the Permittee will be required to return and restore the
area to a condition satisfactory to the Minnesota Department of Transportation Division
Engineer.
Page 2 of4
b
15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person· in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
16. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
disease, or loss and expense arising from the operations of the trail or from the use of
the portion of highway right of way over which this permit is granted.
17. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or resulting from the temporary or permanent termination of trail user
rights on any portion of highway right of way over which this permit is granted.
18. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and/or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety of
both the motoring public and trail users.
19. The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary
or permanent changes in drainage patterns resulting in flood damage.
20. The Permittee shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations,
at the sale expense of the Permittee.
21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind -whatsoever shall
be filed or maintained by it or by any subcontractor, materialmen or other person or
persons acting for, through or under it or any of them against the work and/or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
Page 3 of4 o
22. By the execution of this permit and attachment of a resolution, the City of Minnetonka
assumes all liabilities, obligations or responsibilities described herein pertaining to the
construction, maintenance and operation of that portion of the T ownline Trail Extension
project located within the corporate limits of the City of Eden Prairie. By the execution
of this permit and attachment of a resolution, the City of Eden Prairie certifies that this
provision represents an agreement between the cities and is necessary in the public
interest and is done by the free will of both for public purposes.
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
8y: ________________________ __
Metro DiVision Engineer
Date: ________ --.-___ _
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:. ________________________ __
Director, Office of Land Management
Oare:. _________________ __
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
Page 4 of4
7
CITY OF MINNETONKA
By: __________________________ __
Its Mayor
And: ______________ _
Its City Manager
Date: ______________ _
CllY OF EDEN PRAIRIE
By:. _________________________ __
Its Mayor
And: --------------------Its City Administrator
Date:. _____ ........:.. _______ __
DATE: 01119/99
EDEN PRAIRIE CITY COUNCn.. AGENDA
ITEM NO:
SECTION: Consent Calendar Yflf
SERVICE AREA: ITEM DESCRIPTION:
Public Works Cooperative Construction Agreement with MnDOT for Safety Improvements
Engineering Division to Railroad Crossing Signals on Valley View Road
Alan D. Gray
Recommended Action:
Move to adopt resolution approving Agreement No. 74739 for the upgrade of the current
railroad crossing signal on Valley View Road at its intersection with the Twin Cities and
Western Railroad.
Overview:
MnDOT is proposing to make safety improvements to the current signalized railroad crossing
on Valley View Road just westerly of Eden Prairie High School. The improvements consist
with installing larger lenses for upgraded visibility and installing improved circuitry for more
reliable operation. The work to install the upgrade will be performed by the Twin Cities and
Western Railroad owner of the facilities.
Financial Issues:
MnDOT has obtained federal funding for 80 % of the improvement cost. The cost estimate is
$50,000. City share would be 20% or $10,000 to be financed from State Aid.
l
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
COOPERATIVE CONSTRUCTION AGREEMENT WITH MN/DOT
FOR SAFETY IMPROVEMENTS TO
RAILROAD CROSSING SIGNALS ON VALLEY VIEW ROAD
RESOLUTION NO.
BE IT RESOLVED, that the City of Eden Prairie enter into an agreement with the Twin Cities
and Western Railroad Company and the Commission of Transportation for the installation and
maintenance of railroad crossing signals at the intersection of Valley View Road (MSAS 109)
with the tracks of the Twin Cities and Western Railroad Company in Eden Prairie, Minnesota,
and appointing the Commission of Transportation agent for the City to supervise said project and
administer available Federal Funds in accordance with Minnesota statute, Section 161.36. The
City's share of the cost shall be 20 percent of the total signal cost.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Eden Prairie City Council, that
the Mayor and City Manager be and they are hereby authorized to execute said agreement for
and on behalf of the City.
ADOPTED by the Eden Prairie City Council on January 19, 1999.
Jean L. Harris, Mayor
ATTEST: SEAL
Donald R. Uram, City Clerk
STATE OF MINNESOTA )
)ss CERTIFICATION
HENNEPIN COUNTY )
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to
and adopted by the City Council of the City of Eden Prairie at a duly authorized meeting thereof held
in the City Hall at Eden Prairie, Minnesota, on the 19th day of January, 1999, as disclosed by the records
of said City Council in my possession.
By: ____________ p~
Title: _______________ _
CITY COUNCIL AGENDA Date:
Section: January 19, 1999
Service Area: Item Description: Item No.:
Public Works JiIf' Leslie Stovring Recycling Grant Resolution
Requested Action
Move to adopt Resolution for submittal of an application for the 1999 Hennepin County Residential
Recycling Grant Program.
Background
The City of Eden Prairie submits a Residential Recycling Grant Application to Hennepin County on
an annual basis. The majority of these funds are distributed to residents with individual service as a
recycling refund. Hennepin County has requested a current Resolution in order to process the 1999
Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution
of the 1999 Recycling Grant funds to the City.
Attachments
Proposed Resolution.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION No.
RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION
FOR THE 1999 HENNEPIN COUNTY MUNICIPAL SOURCE-SEPARATED
RESIDENTIAL RECYCLING GRANT PROGRAM
WHEREAS, pursuant to Minnesota Statute U5A.551, each county must develop and implement or
require political subdivisions within the county to develop and implement programs, practices, or
methods designed to meet its recycling goal;
WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to
enable the County to meet its recycling goals;
WHEREAS, the County has adopted a Hennepin County Funding Assistance Policy for Source-Separated
Recyclables to distribute funds to cities for the development and implementation of waste reduction and
recycling programs from 1995 through 1999;
WHEREAS, to be eligible to receive these County funds, cities must meet the conditions set forth in the
"funding policy"; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of the 1999 Municipal
Recycling Grant Application for the Hennepin County Residential Recycling Programs; and
BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Funding
Assistance Policy the City agrees to implement recycling programs as committed to by its submission
of the 1999 Hennepin County Municipal Residential Recycling Program Grant Application.
ADOPTED by the Eden Prairie City Council January 19, 1998.
Jean L. Harris, Mayor
SEAL
ATTEST:
Donald R. Dram, City Clerk
DATE: 01119/99
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:
SECTION: Consent Calendar ~:r
SERVICE AREA: ITEM DESCRIPTION: I.C. 96-5461
Public Works Approve Change Order No.1 for Fuller Road Storm Sewer
Engineering Division
Jeff Stutzke
Recommended Action:
Move to approve Change Order No.1 for the Fuller Road Storm Sewer in the amount of
$1,511.00.
Primary Issues:
Avoidance of underground concrete telephone conduit made it necessary to adjust both slopes
of a section of the new storm sewer and existing pond outlet pipe.
Fmancial Issues:
This change order results in an additional $1,511.00 for installation of storm sewer. This
project is being funded through property assessments.
We hereby recommend approval of Change Order No.1 in the amount of $1,511.00 to Minger
Construction.
\
CHANGE ORDER NO. 1
Date: January 6, 1999
Project Name: Fuller Road Storm Sewer
I.C. 98-5461
Contractor: Minger Construction
Engineer: City of Eden Prairie
Nature of Changes: Grade change of existing pond outlet pipe to accommodate new storm
sewer
1. Remove and relay 15" RCP. Make new access hole into manhole.
Labor and Material Costs .............,',......,.,.,' $ 1,511. 00
TOTAL CHANGE ORDER COST ...... , .. " ...... , .... $ 1,511.00
SUMMARY OF CONTRACT CHANGES
• Original Contra~t Amount ......................... , $ 33,425.00
• Net Increase resulting from Change Order No.1. ',' .......... $ 1,511.00
• Current Contract Amount including Change Order No, 1 , ...... ' $ 34,936.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .....
The Above . Changes are Approved: The Above Changes Are Accepted:
CITY OF EDEN PRAIRIE CONSTRUCTION
By ________________________ _
Dare: __ ~~~~~ __________ __
,
CITY COUNCIL AGENDA Date:
Section: Consent Calendar January 19, 1999
Service Area: Item Description: Item No.:
Parks & Recreation A ward Parks and Recreation Brochure VIk.
Robert A. Lambert, Director Printing Bid to Shakopee Valley Printing
Requested Action
Move to award the bid to print four Parks and Recreation program brochures to Shakopee
Valley Printing according to specifications.
Background
The Parks and Recreation Services area prints and mails a program brochure to all residents
of the community four times a year. Sealed bids are requested through a public notice in the
Eden Prairie News and specifications are mailed to a bidders list that has been developed
from past bidders. This year we received only two quotes.
Attachments
Comparison of quotes for 1999 City Program brochure
\
Quantity: 24,500
Shakopee Valley
Printing
Modern Press
$6,015
$7,307
1999 Brochure Bids
$6,622
$8,570 $7,388
The Fall, Winter and Spring brochures are in the 6 X 10 3/4 format
The Summer Brochure is 8 1/2 X 11
$6,633
no quote received
The actual cost for 1999 will depend on the number of pages we increase and the amount of
brochures that are printed based on post office numbers.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Finance
Checks 71120 to 71591
Wire Transfers 202 to 209
Action/Direction:
Approve Payment of Claims
Payment of Claims
DATE:
01119/99
ITEMNO·51U
COUNCIL CHECK SUMMARY 12-JAN-1999 (15:34)
DIVISION TOTAL
------------------------------------------------------------------------------------------------------------------------
N/A
GENERAL SERVICES
EMPLOYEE BENEFITS
INFORMATION TECHNOLOGY
FINANCE
HUMAN RESOURCES
COMMUNITY SERV
HUMAN SERV
ENGINEERING
INSPECTIONS
FACILITIES
ASSESSING
CIVIL DEFENSE
POLICE
FIRE
ANIMAL CONTROL
STREETS/TRAFFIC
PARK MAINTENANCE
PARKS CAPITAL OUTLAY
STREET LIGHTING
FLEET SERVICES
ORGANIZED ATHLETICS
COMMUNITY DEV
COMMUNITY CENTER
HISTORICAL
YOUTH RECREATION
SPECIAL EVENTS
ADULT RECREATION
RECREATION ADMIN
ADAPTIVE REC
OAK POINT POOL
ARTS
PARK FACILITIES
PUBLIC IMPROV PROJ
DEBT SERVICE PAYMENTS
EMPLOYEE PAYROLL DEDUCTIONS
CITY CENTER
PRAIRIE VILLAGE
PRAIRIEVIEW
CUB FOODS
TRUST FUNDS
WATER DEPT
SEWER DEPT
STORM DRAINAGE
AGENCY FUNDS
$4,271.95
$7,455.50
$9,435.07
$5,099.55
$4,038.61
$2,907.21
$2,405.86
$6,213.29
$5,135.78
$276.12
$2,203.23
$211.10
$9,539.65
$27,472.50
$29,034.00
$338.98
$6,411. 89
$12,042.52
$1,777.39
$214.60
$6,948.14
$6,735.95
$17.87
$8,907.35
$2,071.40
$939.82
$984.97
$1,238.18
$702.87
$76.41
$107.43
$2,278.68
$495.00
$732,312.73
$2,744.00
$399,315.74
$14,647.11
$62,337.43
$67,039.30
$143,636.57
$14,000.00
$130,581.99
$338,166.85
$68,532.40
$5,534.61
$2,146,837.60*
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
$230.04
$5,000.00
$400.00
$3,731. 00
$100.00
$190.00
$256.50
$6,933.66
$170.75
$1,514.20
$6,670.72
$110.90
VENDOR
ARROWWOOD RADISSON RESORT
COMMISSIONER OF TRANSPORTATION
FOCUS FINANCIAL NETWORK
FRANE, JOHN
THAEMERT, ADAM
UNIV OF MINNESOTA,REGISTRAR
DAHLHEIMER DISTRIBUTING COMPAN
JOHNSON BROTHERS LIQUOR CO
MIDWEST COCA COLA BOTTLING COM
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRTS INC
QUALITY WASTE CONTROL INC
71120
71121
71122
71123
71124
71125
71126
71127
71128
71129
71130
71132
71133
71134
71135
71136
71137
71138
71139
71140
71141
71142
71144
71145
71146
71148
71150
71151
71152
71153
71155
71157
71158
71159
71160
71161
71162
71163
71164
71165
71166
71167
71168
71169
71170
71171
71173
71175
71176
71177
71178
71179
71180
71181
71182
$48.00 BCA CJIS ID UNIT
$60.00
$150.00
$11.89
$50.00
$60.00
$37.25
$227,489.00
$734.45
$5,893.80
$5,861. 00
$860.32
$13,676.62
$11,240.18
$85.59
$4,678.41
$200.40
$3,407.90
$7,524.48
$102.25
$134.87
$50.00
$37.38
$300.00
$71.17
$382.50
$86.78
$39.81
$25.00
$13,860.00
$25.00
$100.00
$4,184.07
$22,703.24
$152.83
$25.00
$191.06
$30.15
$780.00
$1,560.00
$145.37
$73.78
$1,504.04
CIRCUS PIZZA
COMMISSIONER OF TRANSPORTATION
FRANKLIN, WOODY
KID QUEST
PIZZA HUT
SCHMITZ, TOM
SOUTHWEST METRO TRANSIT
DAHLHEIMER DISTRIBUTING COMPAN
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PHILLIPS WINE AND SPIRTS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRTS CO
CHRISTIANS INC
DAMA-MP INC
DISCOVERY ZONE
HELLING, LAURIE
HENNEPIN COUNTY TREASURER
KRESS, CARLA
KUCERA, TERRY
LANENBERG, CYNTHIA
MANN, TRIA
MCGUIRE AND SONS
METROPOLITAN COUNCIL ENVIRONME
METROPOLITAN MECHANICAL
MINNESOTA ASPHALT PAVEMENT ASS
MINNESOTA STATE TREASURER
NORTHERN STATES POWER CO
PETTY CASH
POKORNY COMPANY
RICHARDSON, JIM
THOMPSON, RANDY
UNIVERSITY OF MINNESOTA
UNIVERSITY OF MINNESOTA
US WEST COMMUNICATIONS
WEEDMAN, NICOLE
WESTACOTT, JOEL
3
12-JAN-1999 (15:34)
DESCRIPTION
SCHOOLS
BLDG RENTAL
CONFERENCE
OTHER CONTRACTED SERVICES
REFUNDS
SCHOOLS
BEER 6/12
TRANSPORTATION
MISC TAXABLE
TRANSPORTATION
WINE DOMESTIC
OTHER CONTRACTED SERVICES
PROFESSIONAL SERVICES
SPECIAL EVENTS FEES
CONFERENCE
RESERVE EQUIPMENT
SPECIAL EVENTS FEES
SPECIAL EVENTS FEES
OPERATING SUPPLIES-GENERAL
HACA
BEER 6/12
WINE IMPORTED
BEER 6/12
TRANSPORTATION
TRANSPORTATION
TRANSPORTATION
MISC TAXABLE
TRANSPORTATION
TOBACCO PRODUCTS
TRANSPORTATION
TRANSPORTATION
BLDG SURCHARGES
BUILDING MATERIALS
SPECIAL EVENTS FEES
MILEAGE AND PARKING
LICENSES & TAXES
MILEAGE AND PARKING
PROFESSIONAL SERVICES
MILEAGE AND PARKING
MILEAGE AND PARKING
BLDG & CONTRACTORS LICENSE
DUE TO OTHER GOVNT UNITS
BLDG & CONTRACTORS LICENSE
CONFERENCE
BLDG SURCHARGES
ELECTRIC
TRAVEL
BLDG & CONTRACTORS LICENSE
MISCELLANEOUS
CLOTHING & UNIFORMS
CONFERENCE
CONFERENCE
TELEPHONE
MILEAGE AND PARKING
PROFESSIONAL SERVICES
PROGRAM
POLICE
FIRE STATION
IN SERVICE TRAINING
FINANCE DEPT
ENVIRONMENTAL EDUCATION
POLICE
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
FINANCE DEPT
SPECIAL EVENTS/TRIPS
IN SERVICE TRAINING
POLICE
SPECIAL EVENTS/TRIPS
SPECIAL EVENTS/TRIPS
FIRE
FD 10 ORG
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
BUILDING SURCHARGE
WATER TREATMENT PLANT
SPECIAL EVENTS/TRIPS
RECREATION ADMIN
WATER SYSTEM MAINTENANCE
ADAPTIVE RECREATION
COMMUNITY SERVICES
FIRE
SPECIAL EVENTS ADMINISTRATIVE
FD 10 ORG
SAC AGENCY FUND
FD 10 ORG
IN SERVICE TRAINING
BUILDING SURCHARGE
SEWER LIFTSTATION
WATER UTILITY-GENERAL
FD 10 ORG
POLICE
POLICE
IN SERVICE TRAINING
IN SERVICE TRAINING
WATER UTILITY-GENERAL
PROGRAM SUPERVISOR
COMMUNITY SERVICES
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71183
71184
71185
71186
71187
71188
71189
71190
71191
71192
71193
71194
71195
71196
71197
71198
71199
71200
71201
71202
71203
71204
71205
71206
71207
71208
71209
71210
71211
71212
71213
71214
71215
71216
71217
71218
71219
71220
71221
71222
71223
71224
71225
71226
71227
71228
71229
71230
71231
71232
71233
71234
71235
71236
71237
$1,831.05
$551. 50
$835.89
$6,004.18
$185.25
$1,506.08
$79.95
$722.88
$13,237.85
$783.75
$100.00
$284.20
$23.92
$192.00
$545.81
$85.00
$100.00
$100.00
$3.00
$45.03
$647.07
$671.40
$28.50
$504.50
$235.00
$167,238.27
$70.00
$35.00
$343.66
$195.00
$3.00
$10.72
$100.00
$744.00
$479.25
$100.00
$52.00
$572.75
$100.00
$100.00
$125.00
$100.00
$6.50
$70.00
$71.20
$1,942.73
$1,831.00
$1,039.12
$1,132.55
$2,113.25
$1,489.28
$1,132.95
$306.85
$37.80
$669.44
VENDOR
DAY DISTRIBUTING
EAST SIDE BEVERAGE COMPANY
LAKE REGION VENDING
MARK VII
PEPSI COLA COMPANY
PHILLIPS WINE AND SPIRTS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
THORPE DISTRIBUTING
ANCHOR PAPER COMPANY
BEAMS, KAY
BOHN, GERALD
CARLSON, PAUL
CHANHASSEN DINNER THEATRE
HIRSHFIELDS PAINT MANUFACTURIN
INTERNATIONAL SOCIETY OF ARBOR
IPMA
JUHNKE, THOMAS
KAMHOLZ, PEGGY
KRAEMERS HARDWARE INC
LANZI, BOB
MACDONALD & MACK ARCHITECTS LT
MAHON, DONALD
MARTIN-MCALLISTER
MERSC
METROPOLITAN COUNCIL ENVIRONME
METROPOLITAN VISITING NURS ASS
MFEA
MINNESOTA VALLEY ELECTRIC COOP
MPELRA
MUDGETT, HELEN
MUELLER, CYNTHIA
NELSON, REX
NORWEST BANK MN N.A.
PROFILE EVALUTATIONS INC
PUTNAM, LYNN
RUE, RODNEY
SPIKE NASHBAR
TENHOOR, DAVID
ULHIG, SUSAN
US BANK
VOSMEK, RICHARD
WELLNER, SHIRLEY
WESTACOTT, JOEL
AMERIPRIDE LINEN & APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARK VII
MIDWEST COCA COLA BOTTLING COM
NORTH STAR ICE
PHILLIPS WINE AND SPIRTS INC
12-JAN-1999 (15:34)
DESCRIPTION
BEER 6/12
BEER 6/12
TOBACCO PRODUCTS
BEER 6/12
MISC TAXABLE
TRANSPORTATION
TOBACCO PRODUCTS
TRANSPORTATION
BEER 6/12
OFFICE SUPPLIES
REFUNDS
EMPLOYEE AWARD
PROFESSIONAL SERVICES
DEPOSITS
OPERATING SUPPLIES-GENERAL
PREPAID EXPENSES
DUES & SUBSCRIPTIONS
REFUNDS
SR CITIZENS/ADULT PROG FEES
REC EQUIP & SUPPLIES
MILEAGE AND PARKING
OTHER CONTRACTED SERVICES
SR CITIZENS/ADULT PROG FEES
PHYSICAL & PSYCO EXAM
DUES & SUBSCRIPTIONS
WASTE DISPOSAL
PROFESSIONAL SERVICES
PREPAID EXPENSES
ELECTRIC
CONFERENCE
SR CITIZENS/ADULT PROG FEES
OPERATING SUPPLIES-GENERAL
REFUNDS
PAYING AGENT
PHYSICAL & PSYCO EXAM
REFUNDS
MILEAGE AND PARKING
REC EQUIP & SUPPLIES
REFUNDS
REFUNDS
PAYING AGENT
REFUNDS
SR CITIZENS/ADULT PROG FEES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
MERCHANDISE FOR RESALE
BEER 6/12
TRANSPORTATION
BEER 6/12
TRANSPORTATION
TRANSPORTATION
BEER 6/12
MISC TAXABLE
MISC TAXABLE
TRANSPORTATION
PROGRAM
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
GENERAL
ENVIRONMENTAL EDUCATION
HUMAN RESOURCES
BENEFITS
ESCROW
PARK MAINTENANCE
FD 10 ORG
IN SERVICE TRAINING
ENVIRONMENTAL EDUCATION
SENIOR CENTER PROGRAM
ADULT OPEN GYM
ATHLETIC COORDINATOR
HERITAGE PRESERVATION
SENIOR CENTER PROGRAM
HUMAN RESOURCES
FD 10 ORG
SEWER UTILITY-GENERAL
BENEFITS
FD 10 ORG
STORMWATER LIFTSTATION
IN SERVICE TRAINING
SENIOR CENTER PROGRAM
POOL LESSONS
ENVIRONMENTAL EDUCATION
B & I PAYMENTS
HUMAN RESOURCES
ENVIRONMENTAL EDUCATION
ENGINEERING DEPT
VOLLEYBALL
ENVIRONMENTAL EDUCATION
ENVIRONMENTAL EDUCATION
PRINCIPAL & INTEREST
ENVIRONMENTAL EDUCATION
SENIOR CENTER PROGRAM
PARK FACILITIES
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71239
71240
71241
71242
71243
71244
71245
71246
71247
71248
71249
71250
71251
71252
71253
71254
71255
71256
71258
71259
71260
71261
71262
71263
71265
71266
71267
71268
71270
71271
71272
71273
71274
71275
71276
71277
71278
71279
71280
71281
71282
71283
71284
71285
71286
71287
71288
71289
71290
71292
71293
71294
71295
71296
71297
$416.09
$2,625.45
$566.48
$325.65
$874.47
$418,849.69
$320.00
$809.30
$400.00
$70.00
$36.70
$4,850.32
$2,418.60
$126.90
$5,986.71
$74.70
$473.66
$5,269.46
$403.75
$263.95
$185.63
$5,070.35
$4,667.31
$8,539.97
$138.15
$1,584.20
$3,179.30
$4,725.85
$139.50
$155.35
$90.89
$899.00
$100.00
$450.00
$100.00
$235.50
$1,500.00
$1,310.00
$5,953.75
$32.00
$85.00
$372.75
$41. 00
$40.00
$99.11
$95.20
$9,109.28
$40.00
$6,809.22
$36,950.25
$204.40
$230.03
$2,584.30
$139.00
$99.00
VENDOR
QUALITY WINE & SPIRTS CO
THORPE DISTRIBUTING
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
COMMISSIONER OF TRANSPORTATION
FCC
FRANZEN, JAMES
HENNEPIN COUNTY
NORTH STAR CHAPTER
PETTY CASH
PRUDENTIAL HEALTH CARE GROUP
CANADA LIFE ASSURANCE COMPANY
GETTMAN COMPANY
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRTS INC
CONSOLIDATED PLASTICS COMPANY
DAHLHEIMER DISTRIBUTING COMPAN
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PAUSTIS & SONS COMPANY
PRIOR WINE COMPANY
QUALITY WINE & SPIRTS CO
WINE MERCHANTS INC
AUTO-SOUND ENTRONIX
CATCO CLUTCH & TRANSMISSION SE
CONSTRUCTION BULLETIN
EDEN PRAIRIE CENTER
EDEN PRAIRIE CENTER
FIELDER, MARIANNE
GRAY, ALAN
MINNESOTA POLLUTION CONTROL AG
RODGERS & HAMMERSTEIN THEATRE
SOUTH HENNEPIN REGIONAL PLANNI
STATE TREASURER STATE OF MN
US POSTMASTER -HOPKINS
AQUA LOGIC INC
DALUGE, AGNES
DRISKOLL, JULIE
MUELLER, CYNTHIA
HOLIDAY INN HOTEL & SUITES
MASSACHUSETTS MUTUAL LIFE INSU
MINNESOTA DEPT OF COMMERCE
US WEST COMMUNICATIONS
SBS MECHANICAL INC
AMERIPRIDE LINEN & APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
GRAND PERE WINES INC
GRAPE BEGINNINGS
12-JAN-1999 (15:34)
DESCRIPTION
TRANSPORTATION
BEER 6/12
TRANSPORTATION
WINE IMPORTED
TRANSPORTATION
IMPROVEMENT CONTRACTS
LICENSES & TAXES
DEPOSITS
DEPOSITS
OPERATING SUPPLIES-GENERAL
SPECIAL EVENTS FEES
LIFE INSURANCE EMPLOYERS
DISABILITY IN EMPLOYERS
MISC TAXABLE
TRANSPORTATION
MISC TAXABLE
TRANSPORTATION
TRANSPORTATION
EQUIPMENT PARTS
BEER 6/12
TRANSPORTATION
BEER 6/12
TRANSPORTATION
TRANSPORTATION
MISC TAXABLE
TRANSPORTATION
TRANSPORTATION
WINE IMPORTED
TRANSPORTATION
EQUIPMENT PARTS
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
BLDG RENTAL
BLDG RENTAL
REFUNDS
OPERATING SUPPLIES-GENERAL
SCHOOLS
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
LICENSES & TAXES
POSTAGE
CHEMICALS
LESSONS/CLASSES
OPERATING SUPPLIES-GENERAL
MILEAGE AND PARKING
TRAVEL
REPAIR & MAINT SUPPLIES
LICENSES & TAXES
TELEPHONE
BUILDING
REPAIR & MAINT SUPPLIES
MISC TAXABLE
BEER 6/12
TRANSPORTATION
TRANSPORTATION
5
PROGRAM
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
TH212/PCD Interchange Stage 1
WATER UTILITY-GENERAL
ESCROW
ESCROW
INSPECTION-ADMIN
SPECIAL EVENTS/TRIPS
FD 10 ORG
FD 10 ORG
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
WATER TREATMENT PLANT
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
WATER UTILITY-GENERAL
WINTER THEATRE
WINTER THEATRE
ENVIRONMENTAL EDUCATION
ENGINEERING DEPT
SEWER UTILITY-GENERAL
SUMMER THEATRE
HOUSING, TRANS, & SOC SVC
SEWER UTILITY-GENERAL
GENERAL
POOL MAINTENANCE
FITNESS CLASSES
AFTER SCHOOL PROGRAM
COMMUNITY CENTER ADMIN
WATER UTILITY-GENERAL
PRAIRE VIEW LIQUOR #3
GENERAL
WATER UTILITY-GENERAL
COMMUNITY CENTER HVAC
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71298
71299
71301
71302
71303
71304
71305
71308
71310
71311
71312
71313
71314
71315
71316
71317
71318
71319
71320
71321
71322
71323
71324
71325
71326
71327
71328
71329
71330
71331
71332
71333
71334
71335
71336
71337
71338
71339
71340
71341
71342
71343
71344
71345
71346
71348
71349
71350
71351
71352
71354
71355
71357
71359
71361
$6,289.49
$2,294.49
$1,756.76
$4,812.76
$314.40
$159.90
$8,268.19
$6,939.38
$6,781. 70
$22.72
$54.69
$360.92
$91.79
$24.00
$5,609.96
$25.00
$500.00
$100.00
$200.00
$19.93
$240.53
$117.00
$21.13
$6.25
$12,346.24
$250.00
$1,240.00
$53.00
$2,751. 75
$975.10
$96.00
$2,165.15
$100.00
$30,159.39
$5,454.89
$1,475.65
$69,460.30
$4,846.50
$1,165.00
$40.00
$261.00
$56,310.23
$169.70
$760.40
$2,562.15
$13,185.15
$83.50
$113.00
$5,700.13
$13,892.52
$163.62
$9,972.67
$4,380.43
$4,675.33
$3,049.65
VENDOR
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VII
MIDWEST COCA COLA BOTTLING COM
PEPSI COLA COMPANY
PHILLIPS WINE AND SPIRTS INC
QUALITY WINE & SPIRTS CO
THORPE DISTRIBUTING
COLEMAN, JOHN
COPY EQUIPMENT INC
EULL'S MANUFACTURING CO INC
PHILLIPS WINE AND SPIRTS INC
BCA CJIS ID UNIT
DURAND AND ASSOCIATES
MINNESOTA CHAPTER lAAI
US POSTMASTER -HOPKINS
BLUE CHIP PRODUCTIONS
HENNEPIN COUNTY CHIEF OF POLIC
MINNESOTA'S BOOKSTORE
US POSTMASTER -HOPKINS
DEM CON LANDFILL INC
ENFIELD, PATRICIA
ESBENSEN, GEORGE
LANG PAULY GREGERSON AND ROSOW
MEALS ON WHEELS
NILSSON, BETH
WESTONKA MEDICAL GRP
DAY DISTRIBUTING
EAST SIDE BEVERAGE COMPANY
MARK VII
THORPE DISTRIBUTING
FEDERAL RESERVE BANK OF MPLS
HEALTH PARTNERS
ICMA RETIREMENT TRUST-457
INTERNATIONAL UNION OF OPERATI
MEDICA CHOICE
MINNESOTA MUTUAL LIFE
MINNESOTA STATE RETIREMENT SYS
MINNESOTA TEAMSTERS CREDIT UNI
PUBLIC EMPLOYEES RETIREMENT
PUBLIC EMPLOYEES RETIREMENT
UNITED WAY
DAHLHEIMER DISTRIBUTING COMPAN
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRAND PERE WINES INC
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PHILLIPS WINE AND SPIRTS INC
PRIOR WINE COMPANY
QUALITY WINE & SPIRTS CO
THORPE DISTRIBUTING
12-JAN-1999 (15:34)
DESCRIPTION
TRANSPORTATION
TRANSPORTATION
TOBACCO PRODUCTS
BEER 6/12
MISC TAXABLE
MISC TAXABLE
WINE DOMESTIC
TRANSPORTATION
BEER 6/12
COMMUNICATIONS
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
TRANSPORTATION
PROFESSIONAL SERVICES
JANITOR SERVICE
DUES & SUBSCRIPTIONS
EQUIPMENT PARTS
PROFESSIONAL SERVICES
DUES & SUBSCRIPTIONS
TRAINING SUPPLIES
POSTAGE
WASTE DISPOSAL
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
LEGAL SERVICE
PROFESSIONAL SERVICES
INSTRUCTOR SERVICE
PRINTING
BEER 6/12
BEER 6/12
BEER 6/12
BEER 6/12
PR 12-18-98
JAN HEALTH INS
PR12-18-98
PR 12-18 UNION DUES
JAN HEALTH INS PREMIUM
PR 12-18 LIFE INS
PR 12-18
PR12-18
PR 12-18 PERA
PR 12-18
PR 12-18
BEER 6/12
TRANSPORTATION
BEER 6/12
TRANSPORTATION
TRANSPORTATION
TRANSPORTATION
TRANSPORTATION
MISC TAXABLE
WINE DOMESTIC
WINE DOMESTIC
TRANSPORTATION
BEER 6/12
PROGRAM
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
INSPECTION-ADMIN
ENGINEERING DEPT
STORM DRAINAGE
PRAIRE VIEW LIQUOR #3
FINANCE DEPT
PRAIRIE VILLAGE LIQUOR #1
POLICE
GENERAL
OAK POINT SPECIAL EVENTS
POLICE
POLICE
GENERAL
PARK MAINTENANCE
FIRE
FIRE
POLICE
HOUSING, TRANS, & SOC SVC
ICE ARENA
COMMUNITY SERVICES
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
FD 10 ORG
FD 10 ORG
FD 10 ORG
FD 10 ORG
BENEFITS
FD 10 ORG
FD 10 ORG
FD 10 ORG
FD 10 ORG
FD 10 ORG
FD 10 ORG
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71362
71363
71364
71365
71366
71367
71368
71369
71370
71371
71372
71373
71374
71375
71376
71377
71378
71379
71380
71381
71382
71383
71384
71385
71386
71387
71388
71389
71390
71391
71392
71393
71394
71395
71396
71397
71398
71399
71400
71401
71402
71403
71404
71405
71406
71408
71409
71410
71411
71412
71413
71414
71415
71416
71417
$9.78
$800.60
$1,875.00
$171.26
$839.11
$18.85
$59.73
$400.88
$100.00
$30.00
$25.00
$10.00
$2,304.00
$49.40
$237.26
$11,399.07
$689.65
$6,806.20
$389.45
$1,400.00
$787.00
$462.90
$25.00
$1,200.00
$496.00
$980.50
$97.98
$257.15
$5,753.20
$49,542.50
$275.00
$947.00
$73.94
$4,129.95
$250.50
$161.50
$425.00
$4,431.46
$237.32
$216.95
$2,905.00
$155.69
$217.29
$650.00
$888.21
$2,112.57
$1,805.18
$221. 08
$153.31
$50.00
$127.43
$534.95
$429.75
$293.79
$1,611.36
VENDOR
GENUINE PARTS COMPANY
INTERNATIONAL SUNPRINTS INC
NORWEST BANK MN N.A.
PROTECTION ONE
SOUTHWEST SUBURBAN PUBLISHING-
AMOCO OIL COMPANY
AT&T (KC)
CORDER, DEAN
DUPONT, BRENT
MACT
MINNESOTA CHAPTER lAAI
MINNESOTA DEPT OG AGRICULTURE
MRPA
PETTY CASH
ABRASIVE TECHNOLOGIES INC
ALLIANT ENGINEERING INC
AMERICAN ENGINEERING TESTING I
AMERICAN WATER WORKS ASSOCIATI
ANCHOR PRINTING COMPANY
ARCHAEOLOGICAL RESEARCH SERVIC
ASPEN CARPET CLEANING
ASPEN REACH EQUIPMENT COMPANY
ASSOCIATED MECHANICAL CONT. IN
ASSOCIATION OF TRAINING OFFICE
BACONS ELECTRIC COMPANY
BARTZ, GERALD
BAUER BUILT TIRE AND BATTERY
BECKER ARENA PRODUCTS INC
BELAIR EXCAVATING
BERGH'S FABRICATING INC
BETH AND MORLEY BURNETT
BIFFS INC
BIRCHWOOD LABORATORIES INC
BRAUN INTERTEC CORPORATION
BREDAHL PLUMBING
BROCK WHITE CO LLC
BROWN, PAUL
BRW INC
BSN SPORTS*
BUSINESS & LEGAL REPORTS INC
CAMPBELL GROUP, THE
CARLSON TRACTOR AND EQUIPMENT
CEI
CHAD NESTOR ILLUSTRATION & DES
CHANHASSEN BUMPER TO BUMPER
CHANHASSEN LAWN AND SPORTS
CLAREYS INC
CLARKLIFT OF MINNESOTA INC
CONSOLIDATED PLASTICS COMPANY
CONTINENTAL SAFETY EQUIPMENT
CORPORATE EXPRESS
COYOTE PRODUCTIONS
CUB FOODS EDEN PRAIRIE
CUMMINS NORTH CENTRAL INC
CUTLER-MAGNER COMPANY
12-JAN-1999 (15:34)
DESCRIPTION
REPAIR & MAINT SUPPLIES
AWARDS
PAYING AGENT
CONTRACTED REPAIR & MAINT
ADVERTISING
MOTOR FUELS
TELEPHONE
CLOTHING & UNIFORMS
SCHOOLS
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
LICENSES & TAXES
SPECIAL EVENTS FEES
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
IMPROVEMENT CONTRACTS
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
PRINTING
OTHER CONTRACTED SERVICES
CONTRACTED BLDG MAINT
EQUIPMENT PARTS
BLDG & CONTRACTORS LICENSE
SCHOOLS
CONTRACTED EQUIP REPAIR
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
REPAIR & MAINT SUPPLIES
BUILDING
BUILDING
REPAIR & MAINT SUPPLIES
WASTE DISPOSAL
TRAINING SUPPLIES
PROFESSIONAL SERVICES
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
DEPOSITS
REC EQUIP & SUPPLIES
DUES & SUBSCRIPTIONS
CLOTHING & UNIFORMS
EQUIPMENT PARTS
REPAIR & MAINT SUPPLIES
PROFESSIONAL SERVICES
EQUIPMENT PARTS
EQUIPMENT PARTS
SAFETY SUPPLIES
CONTRACTED EQUIP REPAIR
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
OFFICE SUPPLIES
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
SMALL TOOLS
CHEMICALS
7
ICE ARENA
VOLLEYBALL
PROGRAM
92 PARK B & I
CUMMINS/GRILL
JULY 4TH CELEBRATION
EQUIPMENT MAINTENANCE
WATER UTILITY-GENERAL
POLICE
POLICE
WINTER THEATRE
INSPECTION-ADMIN
PARK MAINTENANCE
VOLLEYBALL
AFTER SCHOOL PROGRAM
EQUIPMENT MAINTENANCE
RETROFIT
WATER STORAGE-BAKER RD
WATER UTILITY-GENERAL
GENERAL
HERITAGE PRESERVATION
EP CITY CTR OPERATING COSTS
EQUIPMENT MAINTENANCE
FD 10 ORG
POLICE
WATER TREATMENT PLANT
SOFTBALL
EQUIPMENT MAINTENANCE
ICE ARENA
FIRE STATION CONSTRUCTION
FIRE STATION CONSTRUCTION
EPCC MAINTENANCE
PARK MAINTENANCE
POLICE
PAVEMENT MGMT PROGRAM
WATER WELL #6
EQUIPMENT MAINTENANCE
PARK FACILITIES
ESCROW
SUMMER SKILL DEVELOP
STORM DRAINAGE
FIRE
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
RECREATION ADMIN
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
SEWER SYSTEM MAINTENANCE
WATER TREATMENT PLANT
WATER TREATMENT PLANT
INSPECTION-ADMIN
POLICE
WATER TREATMENT PLANT
FIRE
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71418
71419
71420
71421
71422
71423
71424
71425
71426
71427
71428
71429
71430
71432
71433
71434
71435
71436
71437
71438
71439
71440
71441
71442
71443
71444
71445
71446
71447
71452
71453
71454
71455
71456
71457
71458
71459
71460
71461
71462
71463
71464
71465
71466
71467
71468
71469
71470
71471
71472
71473
71474
71475
71476
71477
$43.16
$2,390.00
$118.48
$76.68
$4,159.46
$45.94
$638.18
$104.63
$546.72
$20.76
$658.45
$53,498.88
$498.56
$804.08
$2,357.43
$2,784.69
$600.00
$271. 59
$64.28
$741. 38
$3,894.00
$11,498.00
$4,790.59
$172.71
$398.99
$65.00
$1,072.46
$45.00
$1,875.93
$15,200.00
$416.50
$28.79
$15,458.54
$40.00
$48.00
$207.96
$440.00
$3,435.20
$280.00
$2,062.50
$1,031.25
$548.92
$15,560.00
$50.00
$25.00
$131. 93
$10.70
$67.38
$2,308.54
$577.50
$45.50
$396 .19
$272.48
$547.02
$1,940.00
VENDOR
CY'S UNIFORMS
DALCO ROOFING & SHEET METAL IN
DALCO
DALE GREEN COMPANY, THE
DANKO EMERGENCY EQUIPMENT CO
DAY-TIMER
DECORATIVE DESIGNS INC
DELEGARD TOOL CO
DIESEL SERVICE COMPANY
DISCOUNT SCHOOL SUPPLY
DIVERSIFIED INSPECTIONS INC
DON RIHN TRANSPORT
DRISKILLS NEW MARKET
DUDAK PRODUCTION INC
DYNA SYSTEMS
EARL F ANDERSEN INC
ECKLUND'S TREE RECYCLING
ECOLAB INC
ECONOMICS PRESS INC, THE
EDEN PRAIRIE SCHOOL DISTRICT N
EMBEDDED SYSTEMS INC
EMERGENCY APPARATUS MAINTENANC
ENTEX
FERRELLGAS
FIBRCOM
FIRE FINDINGS
G & K SERVICES-MPLS INDUSTRIAL
GALAXY COMPUTER SERVICES
GENUINE PARTS COMPANY
GEPHART ELECTRIC
GERBER MFG INC
GINA MARIAS INC
GLEWWE DOORS INC
GR MECHANICAL
GREENTREE TECHNICAL SERVICE
GUNNAR ELECTRIC CO INC
HAMILTON, MICHAEL
HAWKINS WATER TREATMENT GROUP
HENDERSON, JOSH
HENNEPIN COUNTY TREASURER -AC
HENNEPIN TECHICAL COLLEGE
HOFFERS OF MINNEAPOLIS
HONEYWELL INC
IAFCI
ICE SKATING INSTITUTE
ICEMAN/C02 SERVICES, THE
ICI DULUX PAINT CTRS
IKON OFFICE SOLUTIONS*
IMC SALT
INFRATECH
J H LARSON ELECTRICAL COMPANY
J J KELLER & ASSOCIATES INC
J P COOKE CO, THE
JANEX INC
JOHN E REID & ASSOCIATES
12-JAN-1999 (15:34)
DESCRIPTION
CLOTHING & UNIFORMS
CONTRACTED BLDG REPAIRS
CLEANING SUPPLIES
LANDSCAPE MTLS & AG SUPPL
PROTECTIVE CLOTHING
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
EQUIPMENT TESTING & CERT
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
WASTE DISPOSAL
CONTRACTED REPAIR & MAINT
DUES & SUBSCRIPTIONS
SPECIAL EVENTS FEES
CONTRACTED REPAIR & MAINT
FIRE TRUCK EQUIP
COMPUTERS
MOTOR FUELS
COMMUNICATIONS
OPERATING SUPPLIES-GENERAL
CLOTHING & UNIFORMS
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
BUILDING
CLOTHING & UNIFORMS
OPERATING SUPPLIES-GENERAL
BUILDING
CASH OVER/SHORT
CONTRACTED BLDG REPAIRS
REPAIR & MAl NT SUPPLIES
OTHER CONTRACTED SERVICES
CHEMICALS
OTHER CONTRACTED SERVICES
BOARD OF PRISONERS SVC
SPECIAL EVENTS FEES
REPAIR & MAINT SUPPLIES
OTHER CONTRACTED SERVICES
DUES & SUBSCRIPTIONS
OPERATING SUPPLIES-GENERAL
CHEMICALS
BLDG REPAIR & MAINT
RENTALS
SALT
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
TRAINING SUPPLIES
OPERATING SUPPLIES-GENERAL
CLEANING SUPPLIES
SCHOOLS
PROGRAM
POLICE
SEWER UTILITY-GENERAL
EPCC MAINTENANCE
PARK MAINTENANCE
FIRE
PROGRAM SUPERVISOR
WATER TREATMENT PLANT
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
DAY CAMP
FIRE
LIME SLUDGE
FIRE
FITNESS CLASSES
WATER TREATMENT PLANT
PARK MAINTENANCE
TREE REMOVAL
EPCC MAINTENANCE
WATER UTILITY-GENERAL
AFTERNOON PLAYGROUND
CIVIL DEFENSE
FIRE
ENGINEERING DEPT
ICE ARENA
POLICE
INSPECTION-ADMIN
STREET MAINTENANCE
ASSESSING-ADMIN
EQUIPMENT MAINTENANCE
FIRE STATION CONSTRUCTION
POLICE
FIRE
FIRE STATION CONSTRUCTION
FD 10 ORG
POLICE STATION
PARK MAINTENANCE
BROOMBALL
WATER TREATMENT PLANT
ADULT OPEN GYM
POLICE
SENIOR CENTER PROGRAM
EPCC MAINTENANCE
WATER TREATMENT PLANT
POLICE
ICE ARENA
POOL MAINTENANCE
WATER TREATMENT PLANT
FIRE
SNOW & ICE CONTROL
SEWER SYSTEM MAINTENANCE
STREET MAINTENANCE
SEWER UTILITY-GENERAL
ANIMAL WARDEN PROJECT
EPCC MAINTENANCE
POLICE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71478
71479
71481
71482
71483
71484
71485
71486
71487
71488
71489
71490
71491
71492
71493
71494
71495
71496
71497
71498
71502
71503
71504
71505
71506
71507
71508
71509
71510
71511
71512
71513
71514
71515
71516
71517
71518
71519
71520
71521
71522
71523
71527
71528
71529
71530
71531
71532
71533
71534
71535
71536
71537
71538
71539
$66.50
$1,221.08
$40,377.80
$1,976.13
$666.96
$101.77
$148.13
$928.00
$293.00
$782.24
$253.50
$228,526.64
$18.00
$2,859.40
$85.00
$667.76
$359.63
$1,068.48
$230.00
$2,296.49
$215.67
$44.85
$133.84
$8.69
$14,264.75
$235.61
$70.00
$193.40
$3,459.12
$578.41
$158.25
$350.60
$60.00
$1,070.50
$189.00
$3,751.55
$32,319.00
$1,857.77
$885.58
$360.00
$1,409.16
$442.00
$167.76
$735.00
$2,250.80
$84.11
$1,278.95
$63.55
$74.54
$752.45
$349.32
$282.09
$1,309.30
$2,009.28
$64.65
VENDOR
KEN ANDERSON TRUCKING
KRAEMERS HARDWARE INC
KRAUS-ANDERSON CONSTRUCTION CO
LAB SAFETY SUPPLY INC
LABEL PRODUCTS INC
LAGERQUIST CORP
LAKELAND FORD TRUCK SALES
LAND OF LAKES TILE CO
LIFELINK TECHNOLOGIES INC
LIONS TAP
LONG LAKE TRACTOR & EQUIPMENT
MACQUEEN EQUIPMENT INC
MARKS CERTICARE AMOCO
MASYS CORPORATION
MATTS AUTO SERVICE INC
MAXI-PRINT INC
MCGLYNN BAKERIES
MCSB INC
MEDTOX
MENARDS
MERLINS ACE HARDWARE
METRO ATHLETIC SUPPLY
METRO SALES INCORPORATED*
METROPOLITAN FORD
MINGER CONSTRUCTION INC
MINNESOTA BUSINESS FORMS
MINNESOTA FIRE SERVICE CERTIFI
MINNESOTA TROPHIES & GIFTS
MINNESOTA VIKINGS FOOD SERVICE
MOORE MEDICAL CORP
MTI DISTRIBUTING CO
NATIONAL FIRE PROTECTION ASSOC
NATIONAL INFORMATION OFFICERS
NELSON RADIO COMMUNICATIONS
NEW MECH COMPANIES INC
NORTHLAND CONCRETE & MASONRY C
NORTHLAND MECHANICAL CONTRACTO
NSP
OPM INFORMATION SYSTEMS
PACIFIC BODY ARMOUR
PRAIRIE ELECTRIC COMPANY
PROEX PHOTO SYSTEMS
PROMOTION GROUP, THE
PUBLIC SAFETY EQUIPMENT CO
QUALITY FLOW SYSTEMS INC
QUALITY SALES & SERVICE INC
QUALITY WASTE CONTROL INC
QUICKSILVER EXPRESS COURIER
RADIO SHACK
RAYMOND PRODUCTS CO INC
RESCUE ONE INC
RESPOND SYSTEMS
RICMAR INDUSTRIES
RMR SERVICES INC
ROADRUNNER TRANSPORTATION INC
12-JAN-1999 (15:34)
DESCRIPTION
PROFESSIONAL SERVICES
SMALL TOOLS
BUILDING
CLEANING SUPPLIES
PRINTING
CONTRACTED EQUIP REPAIR
EQUIPMENT PARTS
REPAIR & MAINT SUPPLIES
TRAINING SUPPLIES
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
AUTOS
CONTRACTED REPAIR & MAINT
CONTRACTED COMM MAINT
CONTRACTED REPAIR & MAINT
PRINTING
TRAVEL
SOFTWARE
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
OFFICE SUPPLIES
EQUIPMENT PARTS
IMPROVEMENT CONTRACTS
OPERATING SUPPLIES-GENERAL
LICENSES & TAXES
OPERATING SUPPLIES-GENERAL
CONFERENCE
SAFETY SUPPLIES
EQUIPMENT PARTS
TRAINING SUPPLIES
DUES & SUBSCRIPTIONS
CONTRACTED REPAIR & MAINT
CONTRACTED EQUIP REPAIR
BUILDING
BUILDING
BLDG REPAIR & MAINT
COMPUTERS
CLOTHING & UNIFORMS
CONTRACTED REPAIR & MAINT
PHOTO SUPPLIES
SAFETY SUPPLIES
CONTRACTED REPAIR & MAl NT
EQUIPMENT PARTS
EQUIPMENT PARTS
WASTE DISPOSAL
POSTAGE
OPERATING SUPPLIES-GENERAL
SMALL TOOLS
PROTECTIVE CLOTHING
SAFETY SUPPLIES
CHEMICALS
OTHER CONTRACTED SERVICES
CONTRACTED REPAIR & MAINT
PROGRAM
ANIMAL WARDEN PROJECT
WATER SYSTEM MAINTENANCE
FIRE STATION CONSTRUCTION
SEWER UTILITY-GENERAL
POLICE
WATER TREATMENT PLANT
EQUIPMENT MAINTENANCE
EPCC MAINTENANCE
POLICE
FIRE
EQUIPMENT MAINTENANCE
STORM DRAINAGE
EQUIPMENT MAINTENANCE
INFORMATION SYSTEM
EQUIPMENT MAINTENANCE
POLICE
IN SERVICE TRAINING
COMMUNITY SERVICES
HUMAN RESOURCES
STREET MAINTENANCE
EPCC MAINTENANCE
ICE ARENA
GENERAL
EQUIPMENT MAINTENANCE
FULLER ROAD STORM SEWER IMPROV
FINANCE DEPT
FIRE
POLICE
GENERAL BUILDING FACILITIES
FIRE
EQUIPMENT MAINTENANCE
FIRE
POLICE
CIVIL DEFENSE
WATER TREATMENT PLANT
FIRE STATION CONSTRUCTION
FIRE STATION CONSTRUCTION
COMMUNITY CENTER
INFORMATION SYSTEM
POLICE
CIVIL DEFENSE
ASSESSING-ADMIN
HUMAN RESOURCES
POLICE
STORM DRAINAGE
EQUIPMENT MAINTENANCE
FIRE STATION #1
GENERAL
POLICE
GENERAL BUILDING FACILITIES
FIRE
EQUIPMENT MAINTENANCE
PARK MAINTENANCE
WATER METER READING
EQUIPMENT MAINTENANCE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
71540
71541
71542
71543
71544
71545
71546
71547
71548
71549
71550
71551
71552
71553
71554
71555
71556
71557
71558
71559
71560
71561
71562
71563
71564
71565
71566
71567
71568
71569
71570
71571
71572
71573
71574
71575
71576
71577
71578
71579
71580
71581
71582
71583
71584
71585
71586
71587
71588
71589
71590
71591
$155.00
$320.00
$117.15
$3,690.15
$139.20
$107.00
$10.08
$84.00
$250.44
$40,413.00
$154.38
$1,210.32
$2,658.55
$136.18
$85.91
$4,307.20
$820.00
$45.00
$179.72
$126.50
$8.95
$2.80
$17,495.30
$494.20
$77.80
$989.40
$2,843.80
$158.33
$62.78
$1,919.57
$749.28
$1,153.20
$730.17
$398.75
$198.95
$183.70
$547.87
$99.43
$85.94
$2,011.71
$29.10
$446.97
$5,000.80
$28,500.00
$363.90
$128.85
$936.48
$24.00
$452.29
$928.00
$666.00
$4,402.71
$2,146,837.60*
VENDOR
ROTO-ROOTER
S/K WELL & PUMP INSPECTIONS
SBSI INC
SEARS
SEELYE PLASTICS INC
SHOWCORE
SMITH & WESSON
SMITH DIVING
SNAP-ON TOOLS
SPANCRETE MIDWEST CO
SPS COMPANIES
ST CROIX RECREATION CO INC
STREICHERS
STRINGER BUSINESS SYSTEMS INC
SUBURBAN CHEVROLET GEO
SUMMIT ENVIROSOLUTIONS
SWEDLUNDS
TELEPHONE ANSWERING CENTER INC
THERMOGAS COMPANY
THOMPSON PLBG
TOLL GAS AND WELDING SUPPLY
TRANS UNION CORPORATION
TRAUT WELLS
TRUCK UTILITIES MFG CO
TWIN CITY OXYGEN CO
UNIFORMS UNLIMITED
UNION LINE INC
UNLIMITED SUPPLIES INC
US CAVALRY
US FILTER/WATERPRO
US OFFICE PRODUCTS
US PREMISE NETWORKING SERVICES
VESSCO INC
VISU-SEWER CLEAN & SEAL INC
VOSS LIGHTING
VWR SCIENTIFIC PRODUCTS
W W GRAINGER INC
WALDOR PUMP & EQUIPMENT CO
WATER SPECIALITY OF MN INC
WATSON CO INC, THE
WAYTEK INC
WEST WELD
WESTERN LIME CORP
WESTERN STEEL ERECTION INC
WHEELER HARDWARE CO
WILLIAM R PERRIN INC
WM MUELLER AND SONS INC
WOODBURY, CITY OF
X-ERGON
YALE INCORPORATED
ZAHN, GERALD
ZIEGLER INC
12-JAN-1999 (15:34)
DESCRIPTION
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
OTHER CONTRACTED SERVICES
TRAINING SUPPLIES
BUILDING MATERIALS
VIDEO SUPPLIES
CONTRACTED REPAIR & MAINT
REC EQUIP & SUPPLIES
SMALL TOOLS
BUILDING
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
TRAINING SUPPLIES
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
PROFESSIONAL SERVICES
WASTE DISPOSAL
OTHER CONTRACTED SERVICES
GAS
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
EQUIPMENT PARTS
REPAIR & MAINT SUPPLIES
RESERVE EQUIPMENT
CLOTHING & UNIFORMS
EQUIPMENT PARTS
CLOTHING & UNIFORMS
EQUIPMENT PARTS
OFFICE SUPPLIES
COMPUTERS
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
BUILDING MATERIALS
EQUIPMENT PARTS
CHEMICALS
MERCHANDISE FOR RESALE
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
CHEMICALS
BUILDING
CONTRACTED BLDG REPAIRS
REPAIR & MAINT SUPPLIES
PATCHING ASPHALT
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
RENTALS
I
PROGRAM
SEWER SYSTEM MAINTENANCE
WATER WELL #6
GENERAL BUILDING FACILITIES
FIRE
WATER TREATMENT PLANT
COMMUNITY SERVICES
POLICE
POOL LESSONS
WATER TREATMENT PLANT
FIRE STATION CONSTRUCTION
WATER SYSTEM MAINTENANCE
MILLER PARK
POLICE
GENERAL
EQUIPMENT MAINTENANCE
Wells 13 through 16
OUTDOOR CENTER-STARING LAKE
WATER TREATMENT PLANT
OUTDOOR CENTER-STARING LAKE
WATER SYSTEM MAINTENANCE
PARK MAINTENANCE
POLICE
Wells 13 through 16
WATER SYSTEM MAINTENANCE
WATER SYSTEM MAINTENANCE
POLICE
FIRE
EQUIPMENT MAINTENANCE
POLICE
WATER METER REPAIR
WATER UTILITY-GENERAL
INFORMATION SYSTEM
WATER TREATMENT PLANT
SEWER SYSTEM MAINTENANCE
EPCC MAINTENANCE
WATER TREATMENT PLANT
WATER UTILITY-GENERAL
SEWER LIFTSTATION
POOL MAINTENANCE
CONCESSIONS
PARK MAINTENANCE
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
FIRE STATION CONSTRUCTION
WATER TREATMENT PLANT
WATER TREATMENT PLANT
STREET MAINTENANCE
HUMAN RESOURCES
WATER TREATMENT PLANT
WATER TREATMENT PLANT
VOLLEYBALL
CIVIL DEFENSE
COUNCIL CHECK SUMMARY 12-JAN-1999 (15:57)
DIVISION TOTAL
------------------------------------------------------------------------------------------------------------------------
GENERAL SERVICES
FACILITIES
ASSESSING
POLICE
FIRE
PARK MAINTENANCE
FLEET SERVICES
COMMUNITY CENTER
BEACHES
YOUTH RECREATION
ADULT RECREATION
RECREATION ADMIN
OAK POINT POOL
ARTS
PARK FACILITIES
DEBT SERVICE PAYMENTS
EMPLOYEE PAYROLL DEDUCTIONS
CITY CENTER
PRAIRIE VILLAGE
PRAIRIEVIEW
CUB FOODS
WATER DEPT
$37.53
$1.77
$19.49
$55.06
$3.90
$13.36
$306.59
$1,755.23
$4.67
$32.59
$34.32
$8.13
$122.06
$2.93
$38.64
$385,475.00
$269,779.01
$5.85
$10,595.83
$11,113.64
$25,181.97
$1,388.18
$705,975.75*
I(
COUNCIL CHECK REGISTER 12-JAN-1999 (15: 57)
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
202 $120,846.92 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG
203 $49,875.10 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG
204 $49,875.10 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG
205 $49,181.83 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG
206 $247.80 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE
207 $50,474.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG
208 $332,475.00 NORWEST BANK MN N.A. PRINCIPAL CERTIF FUND PAYMENTS
209 $53,000.00 FIRST TRUST NATL ASSOC PRINCIPAL B & PAYMENTS
$705,975.75*
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Councilmembers January 19, 1999
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
City Council
Ross Thorfinnson, Jr. Intergovernmental Boards and Commission JJfJ A}, Sherry Butcher-Report
Younghans
Action Required:
Move to: Extend terms of current Boards and Commission members, with terms expiring in March of
1999, through September 30, 1999.
Backl:round:
This change is necessary to provide the time needed to complete the Board and Commission Review and
Realignment Project. Councilmembers Thorfinnson and Butcher-Y ounghans will report on their
progress on this project.
I
CITY COUNCIL AGENDA DATE:
SECTION: Report of City Manager January 19, 1999
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Administration \ZIP" i~J
Chris Enger Presentation of 1999 Strategic Plan .,,0,
Action Required: No action is required from the City Council; this is for information and discussion
purposes.
Background
Staff will present the 1999-2000 Strategic Plan. The Strategic Plan was developed by the Service Area
Directors as requested by the City Council. The plan supports the Council and Community Values and
reflects the projects identified as important within the five focus areas.
Attachment:
1999-2000 Strategic Plan
1
CITY OF EDEN PRAIRIE
1999 -2000 STRATEGIC PLAN
r · .• ····STItATEGIES.· ••
Strategy Lead Service Area
Develop a Traffic Demand Management Community Development &
(TDM) Plan Financial Services
Public Works Services
Develop a plan to protect the City's interests in Manager's Office
opposing the Flying Cloud Airport in context
with our partnership with MAC.
Establish a process for design review approval Public Works Services
of road projects that is informative and balances
local concerns and city wide needs.
Examine leveraging the former Police Facility Public Safety Services, City
to establish a shared Public SafetylHigh Tech. Manager and Community
Training Center. Development & Financial Services
Increase visibility of traffic enforcement on Public Safety Services
roads for a safer environment.
Upgrade the current Eden Prairie Mall, and Public Safety Services
develop the downtown area.
Foster a competitive environment which City Manager
encourages competition between private
vendors in providing a high speed information
network for city and school facilities and the
community.
Develop a philosophy, policy and application Need to determine appropriate
process for placing wireless communication service area.
facilities within the community. (program to Public Safety Services -Interim
manage cell towers)
Implement Liquor Enterprise Business Plan to Liquor Operations-Community
maximize market share in Eden Prairie and Development & Financial
adjacent communities. Services
IIHRICOUNCIL199INF0I99STGPLN.WPD Rev. January 5,1999
I
Timing
2nd Qtr. thru 4th
Qtr. '99
1st Qtr. '99
1st Qtr. thru 4th
Qtr. '99
1 st Qtr. thru 4th
Qtr. '99
1st Qtr. '99 thru
4th Qtr. '00
1 st Qtr. '99 thru
4th Qtr. '00
1st Qtr. '99 thru
2nd Qtr. '00
1st Qtr. '99
2nd Qtr. '99 thru
2nd Qtr. '00
City of Eden Prairie
1999 -2000 Strategic Plan
Page 2
Strategy Lead Service Area
Preserve natural resources through development To be determined
of partnerships, regulation, education, Parks & Recreation Services
management and land use planning. Public Works Services
Update the Comprehensive Park Plan to reflect
the changing demographics and Metropolitan
Council requirements.
Investigate opportunities for leisure facilities
that reflects changing demographics with
traditional and non-traditional partnerships.
Develop and implement a city wide
communication plan.
Utilize technology to enhance delivery of city
programs and services.
Develop a CIP that reflects and integrates
service area needs and guides our capital
expenditures.
Develop Personnel Plan to maximize staff
resources and meet changing organization
needs.
Review and realignment of Boards and
Commissions to support strategic direction.
1:\HR\COUNCIL199INF0\99STGPLN.WPD Rev. January 5, 1999
Parks & Recreation Services
City Manager, Parks & Recreation
Services, and Community
Development & Financial Services
Management Services -
Communications
Manager's Office
Community Development!
Financial Services
Management Services
-Human Resources
Team: Council members R.
Thorfinnson, S. Butcher-
Younghans,
City Manager C. Enger and
Management Services Director
N. Swaggert
Timing
1 st Qtr. '99 thru
4th Qtr. '00
1st Qtr. '99 thru
4th Qtr. '00
1st Qtr. '99 thru
4th Qtr. '00
1st Qtr. '99 thru
4th Qtr. '00
2nd Qtr. '99 thru
4th Qtr. '00
Draft 1st Qtr.'99
Final 4th Qtr. '99
2nd Qtr. '99 thru
2nd Qtr. '00
1 st Qtr. '99 thru
4th Qtr. '99