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HomeMy WebLinkAboutCity Council - 08/04/1998AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 4, 1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thorfmnson, Jr., and Nancy Tyra- Lukens City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly, and Council Recorder Jan Nelson I. APPROV AL OF AGENDA AND OTHER ITEMS OF BUSINESS ll. OPEN PODIUM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 21, 1998 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SETTLERS RIDGE by Settlers Ridge Limited Partnership. 2nd Reading of the Ordinance for Planned Unit Development District Review on 112 acres and Rezoning from Rural to RM-6.5, Rl-9.5 and Rl-13.5 on 112 acres and Adopt the Resolution for Site Plan Review on 11. 77 acres. Location: South of Pioneer Trail and west of Riley Creek (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review) C. RESOLUTION APPROVING FINAL PLAT FOR SETTLERS RIDGE D. RESOLUTION APPROVING DECLARATION OF COVENANTS FOR EDENVALE/PURGATORY CREEK TOWNHOMES CITY COUNCIL AGENDA July 21, 1998 . Page 2 E. RESOLUTION AWARDING CONTRACT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION, I.C. 93-5304 F. RESOLUTION APPROVING COOPERATIVE CONSTRUCTION WITH MN/DOT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION, I.C. 93-5304 G. RESOLUTION RECEIVING PETITION AND ORDERING FEASffiILITY STUDY FOR STREET IMPROVEMENTS IN THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 H. APPROVE LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR COMMUNICATIONS FACILITIES AT THE BAKER ROAD WATER RESERVOIR SITE I. APPROVE SPECIAL ASSESSMENT FOR SANITARY SEWER CONNECTION AT 16501 PIONEER TRAIL, I.C. 98-5469 J. APPROVE PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES FOR EDEN CROSSING FRONTAGE ROADS BY TKDA K. RESOLUTION AMENDING RESOLUTION 98-4, AUTHORIZING USE OF FAXSIMILE SIGNATUES BY PUBLIC OFFICIALS L. APPROVE GRADING PERMIT FOR LffiERTY PROPERTY LIMITED PARTNERSHIP V. PUBLIC HEARINGS/MEETINGS A. VALLEY VIEW BUSINESS CENTRE by CSM Corporation. Request for Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 2 acres, from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres, Planned Unit Development Concept Review on 27.2 acres, Planned Unit Development District Review on 27.2 acres, Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to 1-2 Industrial on 7.26 acres and Site Plan Review on 27.2 acres. Location: Valley View Road and Prairie Center Drive. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, and Ordinance for PUD District Review and Rezoning) VI. PAYMENT OF CLAIMS CITY COUNCIL AGENDA July 21, 1998 Page 3 vu. ORDINANCES AND RESOLUTIONS Vill. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS Xill. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 21, 1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 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 Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 PM. All members were present. Mayor Harris read a proclamation proclaiming Friday, July 31, 1998, as Carl Jullie Recognition Day in the City of Eden Prairie in recognition of his commitment to the City. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added item XI.A.l. Update on 1-494 Corridor Commission. Jullie added Consent Calendar item IV.J. RESOLUTION 98-130 APPROVING ONE YEAR TIME EXTENSION FOR FILING OF FINAL PLAT FOR BEARPATH 7TH ADDITION. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the Agenda as published and amended. Motion carried 5-0. II. OPEN PODIUM John Mallo, 16000 Forest Hills Road, said his neighborhood submitted a petition to the City earlier this year asking that completion of Forest Hills Road be tied to the Wynstone Development. Since the Council recently approved the Wynstone project without completion of Forest Hills Road, he asked that the petition be withdrawn. He thought it is the Wynstone developer's responsibility to complete the road. Dietz noted the petition was to do a Feasibility Study. There will be a Public Hearing process to allow everyone who might be assessed an opportunity to speak. He CITY COUNCIL MINUTES July 21, 1998 Page 2 recommended that we continue on the path of having the Public Hearing process because work is underway by the consultant, and there needs to be a terminus on this cul-de-sac. The question of costs and how much the neighborhood might pay has not been determined. Harris thanked Mr. Mallo for his input; however, she thought we should proceed as Mr. Dietz suggested. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY , JULY 7, 1998 Butcher-Y ounghans said her motion on page 11 should be changed as follows: " ... a maintenance plan, and a plan for public use of the site, ... " Tyra Lukens said sentence 3, paragraph 3, page 7, should be changed to: " ... she thought the features brought up by the developer ... , not just older buyers." The final sentence of that paragraph should be replaced as follows: "Since the homes do not have design features that uniquely appeal to the elderly, and the project is not on a bus line nor near shopping, it should be looked at as just another twin home development. As such, there are many appropriately guided sites and several sites more fitting for a guide plan change to allow a project like this. She feels there is no compelling reason for a guide plan change on this site." MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve as published and amended the Minutes of the City Council meeting held Tuesday, July 7, 1998. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 98-127 APPROVING FINAL PLAT OF ANDERSON LAKES COMMERCIAL CENTER 4TH ADDITION C. RESOLUTION 98-128 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT OF BIDS FOR PIONEER TRAIL SANITARY SEWER AND WATER MAIN, I.C. 98-5458 D. APPROYE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDS TO BE SOLICITED FOR CITY WELL NO. 13, I.C. 97-5441 E. APPROVE MEMORANDUM OF UNDERSTANDING FOR TH 212 RIGHT-OF-WAY ACQllSITION, DESIGN AND CONSTRUCTION SEQUENCE, I.C. 93-5305 CITY COUNCIL MINUTES July 21, 1998 Page 3 F. RESOLUTION 98-129 RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING FOR FULLER ROAD STORM SEWER IMPROVEMENTS, I.C. 98-5461 G. APPROVE CONTRACT AMENDMENT FOR PETERSON ENVIRONMENTAL FOR THE WETLAND PROTECTION MANAGEMENT PLAN. I.C. 97-5439 H. APPROVE PROPOSED CHANGES TO OPEN SKATE TIME I. APPROVE CHANGE IN STATUTORY MUNICIPAL TORT LIABILITY LIMITS J. RESOLUTION 98-130 APPROVING ONE YEAR TIME EXTENSION FOR FILING OF FINAL PLAT FOR BEARPATH 7TH ADDITION. Harris said because of the interest in item E regarding the Memorandum of Understanding for TH 212 right-of-way she wanted to discuss the item. She reviewed the history of construction of TH 212, noting that the Council has hosted many Public Hearings on the fate of this roadway and has supported the purposes for which this road is being constructed. In 1996 the Council hosted Public Hearings for consideration of advancing the construction of TH 212 as a toll road but, after lengthy hearings, the toll road was rejected as a method of construction. However, at that time the City Council emphasized the importance of construction of this road. In November of 1997 the City hosted a community forum of 100 citizens randomly picked to determine critical issues facing the City. The forum identified transportation as the most important area of focus for the City at that time. At this point TH 212 will be completed to Mitchell Road by 2000 and the next stage to Hwy .. 4 should be completed shortly thereafter. Harris said item E is not only reaffirmation of the earlier support for TH 212, but represents the Council's proactive negotiation. The State of Minnesota received a $4 million grant to continue the TH 212 process, and this Memorandum of Understanding authorizes the spending of that grant. MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-J of the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. OAK HOLLOW by MSS Holdings. Request for Zoning District Amendment within the RI-22 Zoning District on 3.6 acres, Preliminary Plat of 3.6 acres into 6 single family lots with variances to be reviewed by the Board of Adjustments and Appeals. Location: 13008 Gerard Drive. (Ordinance for Zoning District Amendment and Resolution 98-131 for Preliminary Plat) CITY COUNCIL MINUTES July 21, 1998 Page 4 Jullie said the official notice of this Public Hearing was published on July 9, 1998, in the Eden Prairie News and mailed to 45 property owners. This project contains 6 single-family lots with variances to be reviewed by the Board of Adjustments and Appeals. The location is at 13008 Gerard Drive. Beth Andrews and Steve Kroiss, representing MSS Holdings, reviewed the history of the project, noting that they have worked with the neighbors and Staff to produce a good project. Andrews said Outlot A will have the NURP pond and will be dedicated to the City for future park land. Kroiss reviewed the grading plan, noting they will be custom grading many of the lots in order to work better with the surrounding terrain. They would prefer to build a private road for the project because that would enable them to save several large trees; however they would also be willing to put in a public road if necessary. The homes will be in the $350,000-$500,000 range. Case asked about the dimensions of the road. Kroiss said the Fire Marshall will allow a 24-foot wide road as a private road. They are proposing a 24-foot wide private road with a hammerhead turnaround. Enger said the Planning Commission voted 5-1 to recommend approval of this project at its June 22, 1998, meeting, subject to the recommendations of the Staff Report of June 19. He said Commissioner Dorn dissented because he thought the lots were too small and one of them should be dropped. He reviewed the recommendations of the Staff Report. He said the variance required is for use of a private drive in a single family development because Lots 2-6 would not have public road frontage. Lambert said the Parks, Recreation and Natural Resources Commission voted 6-0 to recommend approval at its July 6, 1998, meeting, subject to the recommendations of the Staff Reports of June 19 and June 30. Floyd Siefferman, 6997 Edgebrook Place, said his house is extremely close to the northerly line of this project. He objects to the use of a private road because he is concerned with access for emergency vehicles. The property to the west of this is about twice the size of this project and it will be developed next. He thought there should be plans for a horseshoe road with a temporary cul-de-sac to access the Miller property. He thought this would eliminate another application for a private road. He reviewed the statutes regarding the dimensions of a public road and the requirement to have frontage on a public road. Jerry Miller, the neighbor on the west of the project, thought the loop road suggested would have a problem because it would be too steep. He said there is no timetable for development of his property, and he does not oppose this project. He didn't like the narrow private drive, but he would prefer that over taking down more of the trees. CITY COUNCIL MINUTES July 21, 1998 Page 5 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment within the RI-22 Zoning District on 3.6 acres; to adopt Resolution 98-131 for Preliminary Plat of 3.6 acres into 6 single-family lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case thought this is a twist on our discussion at the last meeting regarding Guide Plan changes. This project is within the Guide Plan but requires some variances to be squeezed into the Guide Plan. He had some concerns about access for emergency vehicles. He was trying to visualize what the project would have to look like at the point where he would decide to vote against it. Tyra-Lukens thought there are two mitigating circumstances about this project--the outlot and the proportion of trees being saved. She thought those two things have driven a lot of the design features. Butcher-Younghans thought we decide these issues on a case-by-case basis; however, in this case there is benefit in allowing the variances. Harris also thought it is important to continue to view each project on a case-by- case basis. Thorfinnson thought it is very hard to set standards. VOTE ON THE MOTION: Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the Payment of Claims. Motion carried on a Roll Call vote with Butcher-Younghans, Case, Thorimnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. APPOINTMENT TO THE BOARD OF ADJUSTMENTS AND APPEALS Tyra-Lukens nominated Mary Vasaly. There were no further nominations. 5' CITY COUNCIL MINUTES July 21, 1998 Page 6 MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Mary Vasaly to fill an unexpired term on the Board of Adjustments and Appeals extending through March 31, 1999. Motion carried 5-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Update of 1-494 Corridor Commission Thorfmnson said they have decided August will be the best time for the bus tour of 1-494 because that is the legislative break. They also intend to invite local elected officials and will try to include everyone. He said they are continuing to work hard on traffic demand management and have been meeting with various companies and developers that have been putting up new buildings along the strip. They have talked to the cities involved about incorporating traffic demand management into their developer's agreements. Minnetonka Corporate Center and Super Valu are both developing van pooling projects. He noted that, while they aren't getting the road built, they are doing other good things. B. REPORT OF CITY MANAGER 1. 1997 Comprehensive Annual Financial Report (CAFRl Jullie said Minnesota Statutes require that by June 30 of each year the City prepare a financial report for activities of the previous fiscal year. This accounting report was forwarded to the State by that deadline. He said preparation work for this report is largely done by the finance department. The report is prepared with review by the independent auditing firm of EideBailly LLP. Dave Steen, partner in the accounting firm, reviewed the CAFR. He said the internal controls and procedures were tested, and the City has a very adequate system of checks and balances. He noted the transmittal letter for the report gives an excellent overview of the financial status of the City, and the trend information in the back is very useful. The City has a very strong fmancial condition. Steen said the report qualifies for a national award. Harris noted we are very proud of this report and kudos should go to Staff and the City Manager for their efforts. CITY COUNCIL MINUTES July 21, 1998 Page 7 MOTION: Case moved, seconded by Thorfinnson, to approve the 1997 Comprehensive Annual Financial Report (CAFR). Motion carried 5-0. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:20 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 4, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CIGARETTE & TOBACCO PRODUCTS AMOCO OIL COMPANY dba: Amoco 2352 COMMERCIAL KENNEL GROSS/CAROL & STEVEN CONTRACTOR AAAMERICA'S BEST INC GRAND T BUILDERS INC HOUSE CONSTRUCTION INC NORTHERN AIR CORPORATION RON CONRAD CONST CO INC SHINGOBEE BUILDERS INC VETERAN MECHANICAL SERVICES August 4, 1998 1 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-4-98 SECTION: CONSENT CALENDAR ITEM NO. -:I!L. .13. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger SETTLERS RIDGE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for Planned Unit Development District Review on 112 acres and Rezoning from Rural to RM-6.5, RI-9.5 and RI-13.5 on 112 acres; • Adopt the Resolution approving Site Plan Review on 11.77 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Rezoning 2. Resolution for Site Plan Review 3. Developer's Agreement I ------------- SETTLERS RIDGE 1998 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-98-PUD-14-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONT AIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: I Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in theRI-13.5, RI-9.5, andRM-6.5 Zoning Districts 20-98-PUD-14-98 (hereinafter "PUD-14-98-RI-13.5, RI-9.5 andRM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1998, entered into between Settlers Ridge Limited Partnership, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD--98- Rl-13.5, RI-9.5, and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-98-RI-13.5, RI-9.5, and RM-6.5 is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-14-98-RI-13.5, Rl-9.5 and RM-6.5 designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-98-RI-13.5, RI-9.5 andRM-6.5 are justified by the design of the development described therein. D. PUD-14-98-RI-13.5, RI-9.5 andRM-6.5 is of sufficient size, composition, and arrangementthat its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-14-98-RI-13.5, RI-9.S and RM-6.5 and the legal descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting ofthe City Council ofthe City of Eden Prairie on the 5th day of May, 1998, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4th day of August, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ o CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-98-PUD-14-98 SETTLERS RIDGE 1998 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaty: This ordinance allows rezoning of land located south of Pioneer Trail and west of Riley Creek from Rural toRI-B.5, R1-9.5 andRM-6.5 on 112 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi Donald R. Uram City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ------- (A full copy of the text of this Ordinance is available from City Clerk.) / • I ./ / / Settlers Ridge Exhibit A EXISTING LEGAL DESCRIPTION: Tne Northeast Quarter of the Southwest Quarter and the West One-Half of the Northwest Quarter of the Southeast Quarter lying southerly of Riley Creek, all in Section 30, Township 116 North, Range 22 West and that part of the Southeast Quarter of the Southwest Quarter of said Section 30 and that port af the West One-Half of the Southwest Quarter of the Southeast Quarter of said Section 30 lying northerly of the following described line: Commencing at the Northwest corner of the Southeast Quarter of the Southwest Quarter of said Section 30; thence South 0 degr,ees 29 minutes 40 seconds East along the west line of said Quarter-Quarter a distance of 77.00 feet to the beginning of the line to be described; thence North 84 degrees 33 minutes 53 sec.onds East a distance of 336.63 feet; thence South 52 degrees 50 minutes 20 seconds East a distance of 382.42 feet; thence North 84 degrees 34 minutes 46 seconds East a distance of 618.87 feet; thence South 82 degrees 27 minutes 55 seconds East a distance of 481.29 feet; thence North 57 degrees 23 minutes 44 seconds East a distance of 160.30 feet; thence North 4 degrees 30 minutes 10 seconds East a distance of 108.79 feet to the North line of the West half of the Southwest Quarter of the Southeast Quarter of said Section 30 and said line there terminating. AND: Lot 1, Block 1, Lots 1 & 2, Block 2, and the Right-of-Way of Dorenkemper Boulevard as dedicated on the plat af DORENKEMPER ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. AND: :The Northwest Quarter of the Southwest Quarter of Section 30, Township 116 North, Range 22 West, ,EXCEPT the North 477.30 feet thereof. SETTLERS RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SETTLERS RIDGE BY SETTLERS RIDGE LIMITED PARTNERSHIP WHEREAS, Settlers Ridge Limited Partnership has applied for Site Plan approval of Settlers Ridge development on 11.77 acres for construction of2271ots and 4 outlots located south of Pioneer Trail and west of Riley Creek, to be zoned from Rural to RM-6.5, Rl-9.5 and RI-13.5 on 112 acres by an Ordinance adopted by the City Council on August 4, 1998; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 13, 1998, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its May 5, 1998, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Settlers Ridge Limited Partnership for the construction of227 lots and 4 outlots development, based on plans dated April 28, 1998, between Settlers Ridge Limited Partnerhsip and the City of Eden Prairie. ADOPTED by the City Council on August 4, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk -MEMORANDUM - TO: Mayor Harris and City Council members FROM: Alan D. Gray, City Engineer DATE: July 30, 1998 SUBJECT: Settler's Ridge Access to Pioneer Trail Since First Reading of the Settler's Ridge proposal, we have continued to review access alternatives to the Settler's Ridge project from Pioneer Trail. We have concluded that the only safe locations for access are the locations currently planned. These locations are the main entrance which is located just easterly of the existing Dorenkemper homestead and a future entrance through the land parcel located in the northwest comer of the Settler's Ridge project. This is a parcel of land that is an exception to the current development. A gravel driveway currently extends southerly from Pioneer Trail down to the center of this land parcel. The Settler's Ridge development plan shows a concept development for this parcel with a residential street connection out to Pioneer Trail. Other potential locations along Pioneer Trail would have relatively poor sight distances for street intersections. The Settler's Ridge project is similar in size to Weston Bay/Island Road area on the west side of Eden Prairie Road adjacent Mitchell Lake. This existing neighborhood has approximately 270 housing units served by one access to Eden Prairie Road. The reliability of that single access for emergency purposes is enhanced by constructing a wider entrance road than normally used for the number of housing units in the area. We would propose the same design element for Settler's Ridge to improve the reliability of the single entrance road until the second entrance is available with the development of the land parcel in the northwest comer of Settler's Ridge. We believe it is more appropriate to approve the reliability of the single access for emergency vehicle ingress than to develop a second access which may be less safe due to poor sight distance. CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works 7 DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: ]1[, C SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Settler's Ridge Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Settler's Ridge subject to the following conditions: • Receipt of engineering fee in the amount of $2,604.00 • Receipt of street lighting fee in the amount of $8,006.25 • Receipt of street sign fee in the amount of $3,617.50 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Prior to release of the final plat, Developer agrees to dedicate to the City Outlots B and D for park purposes • Prior to final plat approval, Developer shall submit to the City Engineer, and obtain approval of all street names • Developer agrees to dedicate in the final plat the right-of-way for CSAH 1 to a line 60 feet south of existing center line of CSAH 1 • Revision of plat to include drainage and utility easements over wetland and pond within Outlot H and Outlot I • Revision of plat to include a lO-foot drainage and utility easement along the entire southwest property line of Lot 4, Block 4 Background: This plat, located south of Pioneer Trail and west of Riley Creek contains 112 acres to be divided into 50 single family lots and 12 townhouse units, eleven outlots and right-of-way dedication for street purposes. Outlots B and D will be dedicated to the City for park purposes. Outlot A, C, E, F, G, J and K will be retained by Developer for future development. 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 Herbst, Pemtom Land Company Martin 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 SETTLER'S RIDGE WHEREAS, the plat of Settler's Ridge has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Settler's Ridge is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 9, 1998. 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 August 4, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk SETTLERS F)F~EL • Do"<l'ttl' ton monumonl found BIIGrifJ~ IIIHIwn un thi. plgt or. ~ UpDn tMiaumMl dutlJtn. WESTWOOD --\ " .. 'I. " . ... 'I. ... '\. OIITLOT K .. C.R. DOC. NO. DCRENKEMP£R R. T. DOC. NO. OIITLOT Q OIJT1JJT F ./ ,/ ..... ::-' ./ ';" ./ <{;;~' / OIITLOT E ""j /.. '00 ."" 200 JOO .. .... SbHt 2 01 • ..,. I I I I I I I I I I / I I I -' -' : / '---1/ ~1 !~ Ii \ ! :',__ • r-: I ......' ..... , : q~ \ .t 9 I <,'¥J~SlPl.f." I " ... ~. ~ It I I I I I I ~ i / I I I I / "- (5_ " ... ~_/. -" .. I ~·01_.6 1Ih_t.j I I I I I I I " / SETTLERS ,,--- , . .d-?,f"1\.): -L~H<.w ~ .... . ','V "" '". ~ ./ ,~.,.r;,.l' / ./ ./ .., ... \ RIDGE C.R. DOC. NO. R. T. DOC. NO. PRELlrvtlf\JARY 'DO o 'DO .. .JIlD - WESTWOOD -_ .... PREU\\/HNJ\RY SETTLERS INSET mom .,..t J of Ii _HI.) 0II1l...0T C £Rhape ond Utlily c~t. ere lIho_ ~c I I -J 5 I i-s I I IQ 11 10 _____ J ____ .l l ____ l ____ _ C.R. DOC. NO. R. T. DOC. NO. WESTWOOD -_ .... ....,401 ....... I , , I I I u ~\ ~, .L--- PREUMINARY SETTLERS INSET (fi'om "'Ht .J of • _ .. t.) I I -.I • I l--. I I I. : : I. _____ J ____ J L ____ l ____ _ fMlng 6 fH' In width onrJ ud}dning lot Ikt... UIti ... 41th"" •• *'II'II:QI14 ond '0 fHt ., rddth IIIHI odjoInkIg rltItt-of-woy I.,., unIou othtrwlM ttcfc:Gt~ lIN alto., an lb. pJ.t. RIDGE --~~-u..,,----- o ~t_ ton monu~t _ • o-rot. ton m_f found EHGrln~ ..... an u.. pJoI _ blJaed uptlll QSaIIned daA.m. C.R. DOC. NO. R. T. DOC. NO. WESTWOOD -_ .... SETTLERS RIDGE C.R. DOC. NO. INSET R. T. DOC. NO. (f;cm _H' 2 01 • ."..,.) PRELIMINARY / / / / / ,-: ______ -1!._~~L--- N.,....,.,·. ,.. oun.OT F WESTWOOD -_hi. a.." 0/ • ....,. CITY COUNCIL AGENDA DATE: August 4, 1998 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Declaration of Covenants for N. O. David Lindahl Edenvale/Purgatory Creek Townhomes REQUESTED COUNCIL ACTION: Adopt the resolution granting approval to the Edenvale Townho~e Partnership to record a Declaration of Rent Restriction Covenants to qualify the project as a Class 4(d) property tax classification. BACKGROUND: Properties that qualify for 4(d) property classifications pay fewer taxes. To qualify, rents have to be affordable to people with incomes below 60% of the metro median, and rent declarations must be recorded with Hennepin County. All of the Edenvale (Purgatory Creek) townhome units have qualifying rents. Before the declaration can be recorded, the Edenvale Partnership needs approval from all lien holders, including the City, which has a lien on the project for the CDBG loan it provided. SUPPORTING INFORMATION: Resolution Declaration of Rent Restriction Covenants / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __ _ CONSENTING TO THE RECORDING OF THE DECLARATION OF RENT RESTRICTION COVENANTS AS AN ENCUMBRANCE ON THE PURGATORY CREEK TOWNHOMES PROJECT. WHEREAS, the City of Eden Prairie has provided certain funding and entered into certain agreements regarding the construction of the Purgatory Creek Project Townhomes ("the Project"); and WHEREAS, in consideration for the funding provided by the City of Eden Prairie, rent restrictions have previously been placed on the Project by the owner, Edenvale Family Housing Limited Partnership; and WHEREAS, in order to insure that the Project obtains a favorable tax designation, the owner must declare new Rent Restriction Covenants; and WHEREAS, the Declaration of Rent Restriction Covenants must be recorded as an encumbrance against the property; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The Council hereby consents to the recording ofthe Declaration of Rent Restriction Covenants. ADOPTED by the City Council on ____________ -', 1998. Jean L. Harris, Mayor (Seal) ATTEST: Donald R. Uram, Finance Director/Clerk Declaration of Rent Restriction Covenants Class 4(d) Low Income Rental Housing This document contains: Agreement Declaration Section 1 Definitions Section 2 Recording and Filing: Covenants to Run with the Land Section 3 Representations, Covenants and Warranties of the Declarant Section 4 Income Restrictions: Rental Restrictions Section 5 Term of Agreement ·Section 6 Enforcement of Class 4(d) Occupancy Restrictions Section 7 MHFA as Representative of Benefited Parties Section 8 Remedies and Enforceability Section 9 Miscellaneous Signed and Notarized Acknowledgment Complete this declaration and record it with the county in which the property is located. Rev. 10/97 :< ... J -I - Declaration of Rent Restriction Covenants Class 4(d) Low Income Rental Housing THIS DECLARATION OF RENT RESTRICTION COVENANTS (this "AGREEMENT'), dated as of , 199~, by Edenvale Family Housing I,j mj ted Partnersbj p ["husband and wife," "a single person," "a cor- poration," "a Minnesota limited partnership," "a Minnesota general partnership"], and its/their heirs, administrators. successors and assigns (the "Declarant") between the Declarant and the Minnesota Housing Finance Agency, a pub- lic body corporate and politic of the State of Minnesota (the "MHFA") (together with any successor to its rights, duties and obligations), is given as a condition precedent to qualifying for 4(d) Property Tax Classification (Class 4(d», pursuant to Section 273,126 of Minne- sota Statutes (1997), WITNESSETH: WHEREAS. the Declarant is or shall be the owner of a __ t_hi_O_r_t...:y_-_two ___ unit rental housing project located on lands in the City of Eden Prairie , County of Hennepin , State of Minnesota, more particularly described in Exhibit A (legal description) hereto (the "Project Land"), known as or to be known as Purgatory Creek Townhomes (a/k/ a Edenvale -.-:;'t;:.:o=-:;wnhome===s=..L.) ___ (the "Project"); and WHEREAS, the MHFA has been designated by the Legislature of the State of Minnesota under Minnesota Statutes Section 273,126 (! 997) as the entity to enter into an agreement with the Declarant as owner of the Project, for the as- sessment of real estate property taXes under Class 4(d): and WHEREAS, Declarant has applied to the MHFA for the Class 4(d) property taX designa· tion. in accordance with the aforementioned Section 273.126 and in conjugation with Sec· tions 273.127, 273.13. and 462:\.071 of said Minnesota Statutes (1997) (hereInafter collec· tively the "Statute"): and WHEREAS. the Declarant has represented to the MHFA in Declarant's 4(d) Property Tax Classification Application (the "Application") that Declarant shall lease 100.0 % (the qualifying percentage) of the Project to in- dividuals or families whose gross annual household income is 60% or less of the area median gross income (including adjustments for family s.ize) as determined in accordance with Section 42 of the Internal Revenue Code of 1986, as amended through December 31. 1996 (Low-Income Tenants"); and WHEREAS, the Declarant has represented to the MHFA in Declarant's application that rents for Low-Income Tenant Rental Units will be no higher than 30% of 60% of the median gross income, as defined above, and rent means "gross rent" as defined in section 42(g)(2)(B) of the Internal Revenue Code of 1986, as amended through December 31, 1996; and WHEREAS. the Declarant has further repre- sented to the MHFA in the Declarant's applica- tion that the Low-Income Tenant Rental Units have been inspected within the last three years and meet the minimum housing quality stan· dards, and. where applicable. the local housing maintenance code; and WHEREAS, the Statute has required incident to the Class 4(d) designation that the Declarant execute, deliver and promptly record in the of- ficialland deed records of the county in which the Project is located this Agreement, in order to create certain covenants running with the land for at least five (5) years. for the purpose of enforcing the requirements of the Statute by regulating and restricting the use and occu- pancy and transfer of the Project as set forth herein; and WHEREAS, the Declarant, under this Agree- ment, intends. declares and covenants that the regulatory and restrictive covenants set forth herein governing the use, occupancy and trans- fer of the Project shall be and are covenants running with the Project Land for the term stated herein and binding upon all subsequent owners of the Project Land for such term, and are not merely personal covenants of the Declarant. NOW. THEREFORE, in consideration of the promises and covenants hereinafter set forth, and the mutual benefits to be derived there· from. and of other valuable consideration. the receipt and sufficiency of which is hereby ac· knowledged. the Declarant agrees as follows: 'Iii. Section 1 Definitions All words and phrases defined in the Statute pertaining to the subject matter of the Agree- ment shall have the same meanings in this Agreement. Section 2 Recording and Filing; Covenants to Run with the Land Ca) Upon execution and delivery by the Declarant, the Declarant shall cause this Agreement and all amendments hereto to be promptly recorded and filed with the County Recorder of the county in which the Project is located. and shall pay all fees and charges incurred in connection therewith. Upon recording, if requested by the MHFA, the Declarant shall immedi- ately transmit to the MHFA an executed original of the recorded Agreement showing the date and document numbers of record, or a duly certified copy of the executed original. (b) The Declarant intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land during the term of this Agreement, that this Agreement and the covenants and restrictions set forth in this Agreement regulating and restricting the use, occupancy and transfer of the Project Land and the Project (i) shall be and are covenants running with the Project Land, encu-!Ubering the Project Land for the term of this Agreement, binding upon the Declarant's successors in title and all subsequent owners and operators of the Project Land. (ii) are not merely personal covenants of the Declarant, and (iii) shall bind the Declarant (and the benefits shall inure to the MHFA and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. The Declarant hereby agrees that any and all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in fUll. and that any requirements of privileges of estate are intended to be satisfied. or in the alternate. that an equitable servitude has been created to insure that these restrictions run with the land. For the term of this Agreement. each and every contract. deed or other instrument hereafter executed conveying the Project or portion thereof shall expressly provide that such conveyance is subject to this Agreement. provided. however. the covenants contained herein shall survive and be effective regardless of whether such contract. deed or other instrument hereafter executed conveying the Project or portion thereof provides that such convey- ance is subject to this Agreement. (c) The Declarant covenants to obtain the consent of any prior recorded lienholder on the Projec.t to this Agreement. which such consent is required for a Class 4(d) classification; provided. however. that such prior lien holder need not subordi- nate its lien to the provisions of this Agreement. Section 3 Representations, Covenants and Warranties of the Declarant The Declarant hereby represents. covenants and warrants as follows: (a) The Declarant. if not a natural person or persons (i) is a __________ _ limi ted partnership duly organized under the laws of Minnesota and is qualified to transact business under the laws of the State of Minnesota. (ii) has the power and authority to own its propenies and assets and to carry on its business as now being conducted. and (iii) has the full legal right. power and authority to execute and deliver this Agreement. (b) The executIon and performance of this Agreement by the Declarant (i) will not violate or. as applicable. have not violated any provision of law. rule or regulation. or any order of any coun or other agency or governmental body. and (ii) will not violate or. as applicable. have not violated any provision of any indenture. agree- ment. mongage. mongage note. or other instrument to which the Declarant is a party or by which it or the Project is bound. and (iii) will not result in the creation or imposition of any prohibited encumbranct? of any nature. (c) The Declarant will. at the time of execution and delivery of this Agreement. have good and marketable title to the 'premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any Loan Documents relating to the Project or other permitted encum- brances). (d) There is no action. suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Declarant, threatened against or affecting it. or any of its propenies or rights. which. if adversely determined, would materially impair its right to carry on business substantially as now con- ducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. (e) The Project constitutes or will in whole or in pan constitute a qualified low-income building or qualified low-income project. as applicable, as defined in the Statute. (f) During the term of this Agreement, all Rental Units subject to the 4(d) Propeny Tax Classification shall be leased and rented or made available to members of the general public who qualify as Low- Income Tenants (or otherwise qualify for occupancy of the low-income units) under the Statute. (g) The Declarant agrees to comply fully with the requirements of the Fair Housing Act as it may from time to time be amended. (h) During the term of this Agreement, the Declarant covenants, agrees and warrants that each low-income unit is and will remain suitable for occupancy. and meet minimum housing standards established under Section 462A.071 of Minnesota Statutes ( 1997). (i) For so long as Ihe federal Section 8 cenificale and voucher programs are operating and available 10 residents of Minnesota. the Declarant agrees to make occupancy of Rental Units available to Low-Income Tenants holding Section 8 cenificates or vouchers for 20% of Declarant's Rental Units qualifying for a Class 4(d) tax classification, if Declarant's Project is in the seven county metropoli- tan area of Anoka. Carver. Dakota. Hennepin. Ramsey, Scott, and Washington Counties (hereafter the "Seven County Metropolitan Area"), and if Declarant's Project is outside of said metropolitan area, to make 10% of the qualifying units available to such tenant applicants. It is hereby specifically agreed that the Declarant shall be deemed to be in compliance with the requirements of this Section 3(i) if the following shall occur: (i) The Declarant shall notify and invite tenant referrals from the Housing and Redevelopment Authority ("HRA") in whose jurisdiction the Project is located, when vacancies occur in Rental Units which are subject to the 20% or I 0% occupancy availability requirements by Section 8 certificate or voucher holders, as provided above; and (ii) Once the notice to the HRA provided in Section 3(i)(i), above is given. Declarant may assume that no further notice to the HRA is required. and that referrals will continue until the Declarant notifies the HRA to the contrary; and (iii) If 20% of the Rental Units for which Declarant seeks Class 4(d) classificlI- tion (10% in areas outside of the- Seven County Metropolitan Area) are at any time not occupied by Section 8 certificate or voucher holders. if the Declarant elects to advertise for tenants to fill vacancies in the Project, the Declarant must state in each and every advenisement, for so long as said 20% or 10% occupancy requirements are not met, that "Section 8 cenificates and vouchers are accepted." or "rental assistance is accepted." or "cenificates and vouchers are accepted." Declarant is nOl required 10 advertise for tenants 10 fill vacancies in the Project; and (iv) Declarant shall not refuse to lease a Rental Unil 10 an applicanl who ---------------------------- holds a Section 8 certificate or voucher solely by reason of the tenant's starus as such a certificate or voucher beneficiary if the applicable percentage under this Section 3(i) of units qualifying for Class 4(d) tax classification are not occupied by tenants holding a Section 8 certificate or voucher: and (v) Declarant is not required to hold Rental Units in the Project vacant until the 20% and 10% certificate or voucher holder occupancy availabil- ity requirements of this Section 3(i) are met; and (vi) Declarant is not required to maintain a separate waiting list for Section 8 certificate or voucher holders; and (vii) In the Seven County Metropolitan Area, the requirements of this Section 3(i) apply only to Projects of four (4) or more Rental Units receiving a Section 4(d) classifica- tion; and (viii) Outside of the Seven County Metropolitan Areas, if a Project contains 9 or fewer Rental Units with a 4(d) classification. only one (I) rental unit must meet the requirement for occupancy availability by a Section 8 certificate or voucher holder; and (ix) Declarant shall maintain and make available for inspection upon reasonable notice copies of notifica- tions to an HRA. clipped advertise- ments for tenants. if any. lists of applicants for tenancy by Section 8 certificate or voucher holders, and documentation of the basis for denying occupancy to applicants holding Section 8 certificates and vouchers, and similar evidences of Declarant's compliance with the requirements of this Section 3(i). The Declarant warrants that it has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof. and that in any event. the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other require- ments in conflict herewith. Section 4 Income Restrictions; Rental Restrictions The Declarant represents. warrants and cov- enants throughout the term of this Agreement and in order to satisfy the requirements of the Statute that: (a) 100.0 % (the qualifying percentage) of the Project is occupied by Low-Income Tenants. i.e., an individual or individuals whose gross annual income is (or was at the time of entry into the Rental Unit) 60% or less of area median gross income (including adjustments for family size), as determined in accordance with Section 42 of the Internal Revenue Code of 1986 (as amended through December 31, 1996). It is hereby expressly acknowledged and agreed that during the term of this Agreement the qualifying percentage of the Project to be benefited by Class 4(d) treatment may be increased at Declarant's option by an amendment to this Agree- ment pursuant to Section 9(c), below; but that qualifying percentage of the Project set forth above in this Section 4(a) may not be decreased during the term of this Agreement. Any amendment agreement to increase the qualifying percentage of the project pursuant to this Section 4(a) shall have a term of not less than five (5) years from the date of the amendment agree- ment. (b) If the resident's income met the require- ments when the resident first occupied the unit, the income of the resident continues to qualify. (c) If an individual first occupied a unit before January 1, 1998. the individual's income for purpose of this agreement is the income for calendar year 1996. (d) Median area gross income means the median gross income for the area determined under Section 42 of the Internal Revenue Code of 1986, as amended through December 31. 1996. (e) The median area gross income must be adjusted for family size. (f) Rents for the unit are to be no higher than 30% of 60% of the median gross income. Rent means gross rent as defined in section 42(g)(2)(8) of the Internal Revenue Code of 1986 as amended through December 31. 1986. -IV- Section 5 Term of Agreement (a) This Agreement is effective T9§~ (5) years begmmng January 2, _____ _ which is the first day of the taX year which the income and rent restrictions are in effect for the Project. (b) Notwithstanding anything to the contrary contained herein. it is expressly agreed that in the event, during the term of this Agreement. the Statute is amended to: (i) increase the class rate of one percent (1o/c) of market value for land and buildings qualifying for Class 4(d) treatment; or (ii) decrease the 60% of median income restriction in determining Low- Income Tenants; or (iii) decrease the 30% of 60% of median income rent restriction identified in Section 4(f), above; or (iv) increase the Section 8 certificate participation requirements of Subd. 3(b) of Section 273.126 of the Statute; or (v) increase the mandatory inspection requirements of Section 462A.071 of the Statute; or (vi) decrease the percentage of market value for residential rental properties not qualifying as Class 4(d) Low Income Rental Housing to the extent that the percentage rate of market value for Low Income Rental Housing and such nonqualifying rental housing becomes one and the same, or that the percentage of market v3Iue for the latter is belQw the percentage rate for Low Income Rental Housing; The MHFA shall, within sixty (60) days of the effective dates of such amending or modifying legislation, inform the Declarant in writing at the address set forth below of such legislative changes, and afford to the Declarant the option, by written notice to MHFA received by the MHFA within sixty (60) days of the date designated in such written notice of legislative changes, of terminating such covenants and declaring them (Q be null and void and of no further force or effect, and thereby terminated the Class 4(d) treatment which this Agreement and its covenants afford to the Project. In the event of such timely notice of termination by the Declarant. MHFA shall supply to the Declarant a written certification confirming such a termination of this Agreement. in a form suitable for recording against the Project Land. Section 6 Enforcement of Class 4(d) Occupancy Restrictions (a) The Declarant shall permit, during normal business hours and upon reasonable notice, any duly authorized representative of the MHFA, to inspect any books and records of the Declarant regarding the Project with respect to the incomes of Low-Income Tenants which pertain to compliance with the MHFA occupancy restrictions specified in this Agreement, or which pertain to the Declarant's compli- ance with Section 3(i) hereof, or to the inspection requirements referred to in Section 6(d), below. (b) The Declarant shall submit any other information. documents or certifications requested by the MHFA or its duly authorized representative which the MHFA shall deem reasonably necessary to substantiate the Declarant's continuing compliance with the provisions of the MHFA occupancy restrictions specified in this Agreement. (c) The Declarant covenants that it will not knowingly take or permit any action that would result in a violation of the requirements of Class 4(d) of the Statute and applicable regulations pertaining to this Agreement. Moreover, subject to the provisions of Section 5(b), above, Declarant covenants to take any lawful action (including amendment of this Agreement as may be necessary, in the opinion of the MHFA) to comply fully with the Statute and with all applicable rules. rulings, policies, procedures, regulations or other official statements promulgated or proposed by the State of Minnesota from time to time pertaining to Declarant's obligations under Class 4(d) of the Statute and affecting the Project. (d) The Declarant acknowledges that under the provisions of Minnesota Statutes 462A.071 (1997). the Project will be subject to inspection by an independent designated inspector at least once every three years to determine if minimum housing quality standards and. where applicable. local housing maintenance codes have been satisfied. to qualify the Rental Units for Section 4(d) tax treatment (e) The Declarant further acknowledges that in addition to the above, subdivision 8 of Minnesota Statutes 462A.071 (1997) provides for certain monetary penalties for violations under this Agreement. and the Statute. Section 7 MHFA as Representative of Benefited Parties The MHFA and its successors and assigns, al- ·though itself a benefited entity of the covenants and restrictions contained herein, is hereby designated the sole and exclusive representa- tive of any and all other persons or entities also benefited by such covenants and restrictions, insofar as the enforcement. the construction, the interpretation. the amendment, the release and/or the termination of such covenants and restrictions are concerned. This designation and appointment shall also run with the Project Land and is hereby made and agreed to by the Declarant. its successors and assigns, and any subsequent transferee of any interest in the Project Land. or any part thereof, from the Declarant. Section 8 Remedies and Enforceability Except as otherwise specifically designated in the Statute. in the event of a violation, or at- tempted violation of any of the covenants or re- strictions contained herein. the MHFA and it successors or assigns (but only the MHFA and it successors and assigns), may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or to specifically enforce the covenants therein set forth, or to recover monetary damages caused by such violation or attempted violation. to the extent that either is contemplated by the Stat- ute. In the event of a violation of the covenant of the MHFA with respect to execution of a certificate of amendment or termination or de- letion of covenants in accordance with Section 5 hereof, the Declarant and its successors and assigns may institute and prosecute any pro- ceedings at law or in equity to abate, prevent or enjoin any such violation or to specifically en- force the covenants therein set forth. Until ter- minated or deleted as hereafter provided, the provisions hereof are imposed upon and made applicable to the Project Land and the Project and shall be enforceable against the Declarant, each purchaser. granlee. owner or lessee of the Project and Project Land and the respective 7- heirs. legal representatives. successors and as- signs of each. No delay in enforcing the provi- sions of said covenants and restrictions as to any breach or violation shall impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. Section 9 Miscellaneous (a) Severability. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining ponions thereof. (b) Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when mailed to the parties hereto at the addresses set forth below. or to such other place as either party may from time to time designate in writing. TotheMHFA: ATTENTION: Class 4(d) Low Income Rental Program Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul. M1'\ 55101 To the Declarant: ATTENTION:=.----=-:;,.---==-_-;;--__ _ Edenvale Family Housing Limited Partnership 7700 Equitable Drive, Suite 203 Eden Prairie, MN 55347 The MHFA. and the Declarant, may, by notice given hereunder, designate any further or differ- ent addresses to which subsequent notices.,cer- titicates or other communications shall be sent. (c) Amendment. Notwithstanding anything to the contrary contained herein, this Agreement may be amended by a written agreement between the MHFA and the Declarant, which agreement shall be effective upon execution thereof by the MHFA and the Declarant and the recording of the amendment with the County Recorder of the County in which the Project is located. The Declarant agrees that it will take all actions necessary to effect amendment of this Agreement as may be necessary to comply with the Statute, and any and all applicable rules, regulations. policies. procedures. rulings or other official statements pertaining to the Credit. (ell Suhordination of Agreement. This Agreement and the restrictions hcrt:LInder are subject and subordinate to the loan and loan documents. if any. on the Project. It is hereby specifically agreed that in the event a prior mortgagee acquires title to the Project as a result of a foreclosure or a transfer of title by deed in lieu of foreclosure. this Agreement shall terminate and be of no further force or effect: provided. however. that if such mortgagee thereafter reconveys the Project to the prior owner. directly or through mesne convc:yance. this Agreement and all of the terms and provisions contained herein shall remain in full force and effect for the balance of its term as set forth in Section 5. above. (e) Governing Law. This Agreement shall be govemed by the laws of the State of Minnesota anel. where applicabk. the laws of the United States of America. (f) Survival of Obligations. The obligations of the Declarant as set forth herein and in the Application shall survive the assessment of the property and shall not be deemed to terminate or merge with the determination of Class 4( d) status. IN WITNESS WHEREOF, the Declarant has caused this Agreement to be signed by its duly authorized representatives. as of the day and year first written above. By:. ______________ ~-------- Name: James Deanovic [Acknowledgment for Natural Persons] Title: Wei Manager of Fdenvale Family Housing, the general partner STATE OF MINNESOTA ) of the Declarant ) ss. COUNTY OF ____ .) The foregoing instrument was acknowledged before me this _____ day of ______________ • 19 ___ _ by _______________________________________________ _ Notary Public My commission expires: ______ _ [Acknowledgment for Other Than Natural Persons] STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me this _____ day of ______________ . 19 98 James Deanovic the <lri.ef Manager by _____________________________________ ___ Minnesota limited partnership • a _____________ ~ _____ ~ __ __ of Fdenvale Family Housing, u.c, the* on behalf of the limited partnership *general partner of Fdenvale Family Housing Limited Partnership Notary Public My commission expires: ______ _ This instrument was drafted by Minnesota Housing Finance Agency. 400 Sibley Street. Suite 300. St. Paul MN 55101-1998 DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEMNO:~£. DEPARTMENT: ITEM DESCRIPTION: I.C. 93-5304 Engineering Division Award Construction Contract for Eden Crossing. Frontage Roads Alan D. Gray Recommended Action: Adopt resolution awarding a construction contract to Ingram Excavating, Inc. in the amount of $381,675.48. Overview: Council approved plans and specifications for this project June 16, 1998. Bids were opened on July 16, 1998. A tabulation of bids received is attached hereto. The low bid presented by Ingram Excavating, Inc. was 8.4% above the engineer's estimate for the project. Based on the number of bids received, Ingram's bid is considered competitive and reflective of the current construction market. Fmancial Issues: MnDOT will provide financing for 100% of construction and construction engineering costs for this project. I BID TABLULATION I.C. 93-5304 EDEN CROSSING FRONTAGE ROADS CONTRACTOR BID SECURITY Ingram Excavating, Inc. 5% Bond Max Steininger, Inc. 5% Bond S.M. Hentges & Sons, Inc. 5% Bond Ames Construction, Inc. 5% Bond Medwest Asphalt Corp 5% Bond BID AMOUNT $ 381,675.48 395,352.56 445,399.00 464,982.80 494,730.39 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 93-5304 -Eden Crossing Frontage Roads bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to INGRAM EXCAVATING, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOL VEO by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Ingram Excavating, Inc. in the name of the City of Eden Prairie in the amount of $381,675.48 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 4, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, City Clerk DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: ][. F. SECTION: DEPARTMENT: ITEM DESCRIPTION: I.C. 93-5304 Engineering Division Approve Cooperative Construction Agreement with MnDOT for Eden Alan D. Gray Crossing Frontage Roads Recommended Action: Adopt resolution approving the cooperative construction agreement with MnDOT for I.C. 93- 5304 Eden Crossing Frontage Roads. Overview: Council approved the plans and specifications for Eden Crossing Frontage Roads project June 16, 1998. MnDOT will be providing the financing for construction and engineering costs for this project. This agreement provides for MnDOT funding of 100 % of the construction costs for this segment of frontage road to TH 212. This frontage road is being constructed at this time in order to provide better access during reconstruction of the intersection of Mitchell Road with TH 212 which is expected to begin in 1999. Fmancial Issues: The cooperative construction agreement provides for 100% financing of construction and engineering services. City staff time will be involved in administration of the construction and engineering agreements. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. COOPERATIVE CONSTRUCTION AGREEMENT EDEN CROSSING ROAD IN EDEN PRAIRIE I.C. 93-5304 WHEREAS, TKDA has prepared final plans and specifications for the construction of Eden Crossing Road in Eden Prairie; WHEREAS, the City of Eden Prairie has approved said plans and specifications for the improvement of Eden Crossing Road; WHEREAS, a cooperative construction agreement has been prepared which identifies the maintenance and financial obligations for the construction of said improvements; and WHEREAS, the improvements contemplated in this project are important to the health, safety, and welfare of the residents of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said cooperative construction agreement #77679 for S.P. 2762-26 (Eden Crossing Road) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on August 4, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:39 NO.006 P.02 DESIGN SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 77679 The State of Minnesota Department of Transportation, and Ihe City of Eden Prairie Re: State cost construction by the City of Eden Crossing Road in the northeast quadrant of the T.B. 212 -Mitchell Road interchange MnlDOT Accounting Iuformation: Vendor NUlUl1~f; I fi'.11 Year: I Appr: S.P. 2762-26 (T.B. 212;121) State Funds I Amount: ORIG!NAL AMOUNT ENCUMBERED $441,40Q.00 AMOUNT RECEIVABLE (None) I Agrnty: T· 79 Contract: ______________ _ Order: ___ ---_________ _ Number/1)ateiEntry Initials Number/Date/Signatures /llIdMdual sigllillg certifies tlltltjllluis "ave been ef/cumbered as reClII;rell by Min". Stilt. § /6.4.15., Budget Oflice: _____________ , __ _ (Authori7.cd Signuture) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "Stale" and the City of Eden prairie, Minnesot<l, acting by and through it:s C~ty Council, hereinafter referred to as the "City". 1 Mn/DOT Metro W.E. TEL:612-582-1368 Jui 27 98 11:40 No.006 P.03 77679 WHEREAS, the City is about to perform the construction of Eden Crossing Road A, Eden Crossing Road B and Martin Drive Extension, which is hereinafter r,eferred to jointly as lIEden Crossing Road 11 , and other. associated construction in the northeast quadrant of the Trunk Highway No. 212 -Mitchell Road interchange from Engineer Station 114·03.27 to Engineer Station 12+00.00 within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as Improvement Contract No. 93-5304 and by the State as State l?roject No. 2762-26 (T.H. 212;121); and WHEREAS, the State is willing to reimburse the City all of the costs of the Eden Crossing Road construction and a construction engineering cost share of 8 percent of that construction as hereinafter set forth; and WHEREAS/ the construction of Eden Crossing Road was originally part of a Trunk Highway No. 212 construction contract to be administered by the State; and WHEREAS, to avoid costly right-of-way issues the State would have encountered in constructing Eden Crossing Road, the Eden .Crossing Road construction was made a separate construction contract, (State Project No. 2762-26), which the City was willing to administer; and WHEREAS, to offset right-af-way acquisition and related administrative costs incurred by the City in c?nnection with the Eden Crossing Road construction, the State is willing to pay the City the lump sum amount of $24,920.00 as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 16J..20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and imp~-aving the trunk hi.ghway system. 2 Mn/DOT Metro W.E. TEL:612-582-1368 Jul 30 98 13:31 No.008 P.02 J 77679 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I -CQNSTRUCTION BY THE CITY Se~ti9n A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and/or special provisions designated by the City as Improvement Contract No. 93-5304 and by the State as State Project No. 2762-26 (T.H. 212=121). The contract construction shall be performed in accordance with State-approved City plans, specifications and/or special provisions which are on file in the office of the City's Engineer, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished tQ the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. section C. Cancellation of Agr~ement Each party to this Agreement reserves the right to withdraw from and cancel t.his Agreement wi thin 30 days after the opening of bid:; if either party determines any or all bids to be unsatisfactory. Withdrawal from or cancellation of the Agreement shall be accomplished by either party serving a written notice thereof upon the other. 3 Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:41 No.006 P.05 77679 aJction P, Dire~t~Qn, Supervision and Ins~ection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State's Metropo1itan Division Engineer at Roseville or his authorized representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . Section E. Completion of Construct1Qn The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State Division Engineerls authorized representative, for unavoidable delays encountered in the performance thereof. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this Agreement unless the nocessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. Mn/DOT Metro W.E. TEL:612-582-1368 Jul 30 98 13:31 No.008 P.03 I 77679 All changes in the plans, specifications and/or special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State Division Engineer's authorized representative before payment is made by the State therefor. Section G. ~~mpliance with Lawsl Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction , comply and cause its contractor to comply with all Federal I State and Local laws, and all applicable ordinances and regulations. Section Hp Right-oi-Way, Eas~m~nts and Permits The City shall, without cost or expense to the State except as provided in Article III Section B. of this Agreement I obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State , the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and/or other permits and sanctions required for State cost participation construction covered under this Agreement. ARTICLE II -BASlS OF PAYMENT BY TH~ STAlE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated SLate cost participation construction items, the construction engineering cost share, and Ci.ty right-of-way acquisition costs covered under this Agreement. 5 1 Mn/DOT Metro W.E. TEL:612-582-1368 Jui 27 98 11:42 No.006 P.07 77679 Section B. Right-Qf-Way To off.set ri.ght-of-way acquisition and related administrative costs incurred by the City in connection with the Eden Crossing Road construction to be performed under State Project No. 2762-26 (T.H. 212=121), the State shall pay to the City the lump sum amount of $24,920.00. ~ectiQn C. State Cost Pa~ticipatiQn Construction loa Percent shall be the State's rate of cost participation in all of the Eden Crossing Road and adjacent pond construction to be performed in the northeast quadrant of the Trunk Highway No. 212 -Mitchell Road interchange from Engineer Station ll+03.27 to Engineer Station 12+00.00 within the corporate City limits under State Project No. 2762-26 (T.H. 212=121). The construction includes the State's proportionate share of item costs for mobilization, and also includes, but is not limited to, those construction items as described and tabulated on Sheets No. 2 and No. 3 of the attached Preliminary SCHEDULE "I". ~~on p, Construct1Qn Enqin,~~ing Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. Section it _ Agdenda. Change Orders and Supplemental Aq~eements The State shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which ~re necessary to complete the State cost participation construction covered under this AgY'eement and which have been approved in writing by the State Division Engineer's authori~ed representative. ~~Qn F. Settlements of Claims Tho State shall pay to the City its share of the cost of any settlements of contract claims made with the City's contractor. 6 Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:42 No.006 P.08 77679 All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this Agreement is to the total contract construct;i,on cost before any deduction for liquidated damages. ARTICLE III -PAYM!NT BY THi STATE Section A. Estimate and Adyancement of the State's Cost Share It is 8stimated that the Statels share of the costs of the contract construction, construction engineering and right-of-way acquisition, and a $32,000.00 contingency amount is the sum of $441,400.00 as shown in the attached Preliminary SCHEDULE Ill", The attached Preliminary SCHEDULE I'I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this Agreement, the State shall then decide whether to concur in the Cityls award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction and/or State-approved additional construction including construction engineering costs. Aftel.' the following conditions have been met I the State shall advance to the City the State's total estimated construction and right-of-way acquisition cost share, which does not include the construction engineering cost share or the contingency amount, as shown in the Revised SCHEDULE "I": 1. Encumbrance by the State of the State's total estimated construction, construction engineering and right-or-way acquisition cost share, and the contingency amount, as shown in the Revised SCHEDULE "1", 7 Mn/DOT Metro W.E. TEL:612-582-1368 Jul 30 98 13:32 No.008 P.04 . 77679 2. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement, and the approval of that documentation by the Statels Land Management Director at St. Paul. 3. Execution and approval of this Agreement and the State's transmittal of same to the City along with a copy of the Revised SCHEDULE IIIII and a letter advising the Clty of the Statels concurrence in the award of the construction contract. 4. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that the construction contract has been executed by all necessary parties. Whenever it appears the cost of the State participation construction covered under this Agreement is about to exceed the current amount of encumbered State funds, the City shall notify the State Division Engineerls authorized representative in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost participation construction including construction engineering costs and the reason{s) why the current amount encumbered will be exceeded. The State shall, upon its approval of the additional State cost participation construction, encumber the necessary additional funds. That action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation coverod under this Agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify 8 /tJ Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:44 No.006 P.l0 77679 the State Division Engineer's authorized representative in writing of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State Division Engineer's authorized representative approves the additional State cost participation construction, the City's claim for compensation along with a request for encumbrance of the necessary additional funds shall be submitted to the State's Budget Section for review of compliance with Minnesota Statutes Section 16A.15, subdivision 3, but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for compensation and the request for encumbrance of the necessary additional funds are approved by the State's Budget Section, that action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. Section B. Records Keeping and Inyoicing by the City Th~ State shall provide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of documents for processing final payment of the State participation construction cost covered under this Agreement. The City shall keep records and accounts that enable it to provide the State with the following prior to final payment by the State: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. 2. copies of the City contractor's invoice(s) covering ~ll contract construction. 3. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official th~t final construction contract payment has been made. 9 II Mn/DOT Metro W.E. TEL:612-582-1368 Ju 1 27 98 11:44 No.006 P.ll 4. Copies of all construction contract change orders and/or supplemental agreements. 5. A certification form attached to a copy of the final 77679 SCHEDULE lilli, both of which shall be provided by the State. The certification form shall be signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and/or special provisions. b. Acceptance and approval of all materials furnished for the State cost participation construction covered under this Agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction". c. Full payment by the City to its contractor for all contract construction. 6. When requested by the State, copies, certified by the Cityls Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this Agreement. 7. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 8. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "III. Section C. Final E~~ent by the State Upon completion of all contract construction, the State shall prepare a Final SCHEDULE 1'111 and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities, and include all 10 IJ., Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:45 No.006 P.12 77679 State cost participation construction items, the construction engineering cost share and the right-af-way acquisition cost share covered under this Agreement. If the final cost of the State participation covered under this Agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation covered under this Agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE III" and final payment of the State participation cost covered under this Agreement are detailed in the Payment Processing Package, which the State shall furnish the Ci~y. Pursuant to Minnesota Statutes Section 15.415, the City waives claim for any amounts less than $2.00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less than $2.00 of those funds advanced by the State. ARTICLE IY -GENERAL PROYISI0Na ~ection A. Maintenance by the C1ty Upon satisfactory completion of the Eden Crossing Road construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cosL or expense to the State. Upon satisfactor"y completion of the storm sewer and ponding facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. 11 Mn/DOT Metro W.E. TEL:612-582-1368 Jul 27 98 11:45 No.006 P.13 77679 Section B. AgQitional D.ainage Neither party to this Agreement shall drain any additional drainage into the storm sewer and ponding facilities to be constructed under the construction contract, that was not included in the drainage for which the facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer and ponding facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area ll , which is on file in the office of the State's Division Hydraulics Unit at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. ~ictiQn c. Future Responsibilities Upon satisfactory completion of the Eden Crossing Road construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total ~esponsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of Eden Crossing Road and all of the facilities a part thereof including the adjacent pond constructed hereunder, without cost or expense to the State. ~tiQn D. EXamina~ion of Books, Records. Etc. As provided by Minnesota Statutes Section 16C.OS, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislC::ltive auditor or the State auditor as appropriate, for a minimum of six yearo from final payment. Section Eo Claims All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering 12 If Mn/DOT Metro W.E. TEL:612-582-1368 Ju 1 30 98 13:33 No.008 P.05 , 77679 and/or maintenance covered under this Agreement shall not be considered employees of the State. All clailns that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction/ construction engineering and/or maintenance covered under this Agreelnent shall in no way be the obligation or responsibility of the State. Section F. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement ApR~9yal Before this Agreement shall become binding and effective/ it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. A~LE Y -~UTHQRIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal/Utility Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard/ Mailstop 682, St. Paul, Minnesota 55155, (651) 296-0969. The City·s Authorized Agent for the purpose of the administration of this Agreement is Alan Gray, City Engineer, or his successor. His current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344-2230, (612) 949-8320. 13 /5 Mn/DOT Metro W.E. TEL:612-S82-1368 Ju 1 27 98 11:46 No.006 P.1S 77679 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. PEPARTMENT OF TRANSPORTATION CITY OF ~DEN PRAIRIE Recommended for approval: By Mayor By bivision Engineer Date Approved: By ____ ~~~-.=~.---~~---------By __ --------------------------- State Design Engineer Date (Title and Date) OFFICE OF THE AIIORNEI GENERAL glPARTMEHT OF ADMINISTRATION Approved as to form and execution: By By ""Assistant Attorney-General Date <><><><> <><><><><><><><><><><><><><><><><><><><><"..><><>-=-:::> c·<><><><><><><>c-<><> State of Minnesota County of Hennepin This Agreement was acknowledged before me this _______________________ , 1998/ by (Nome) day of and ___________ -~-------_' the Mayor and __ ,_-------------- (Name) (Title) of the City of Eden Prairie, and they executed this Agreement on behalf of the municipality intending to be bound thereby. Notary Public My Commission Expires 14 /6 3: • :l PRELlI\nNARYSCHEDULE "I" . "- t:::I o -l 3: -. Agree!DerifNo·71679· . ~ t===========================================~====~·=-==.·~C;i~~"~b~f~'E~d~!~~~P~ia~'~in~~e~···=-~~================================================41 ci -------------_. -.--------- S.P. 2762-26 (T.B.lI1=12n 1----_._---_._------'- State FunGs . -.------------.----------------------------------------------------~ ____________ .. ________________ . _______________________________ . __________ ---, ________ -=-:_____ E Preliminary: July 14, 1998 --------------~~-~------tI ~ -----------------.----------.------------------.------------------------------.~ --------------------------------------11 ----.. ---------------------... --------------------------.-----------------------------------------------11 -l ~ -----.. -----------------.---~-----------------------.-------------------------------·------------------11 __ ~!'.I1.S!~(~I~on of E,j_e~CrossLng R03(} E~~t()rmeJ under _____________ ._. __ . Cil), conCrJCt with --------------------------------------_._----------._-----_ •. _---------- ------------------------.. _---------._---------------_.----------- ~~ated i~_~=."ortheast quadrant of the T.H. 212 -Mitchell Road i~!er~h~[lg:...e ______ _ r en -----------... ---------------------.. _.-------------------------------.. _---------~ tV ------------_. ----_._----------------------------------------------------------------------------I lJl 00 1--------_._-_. ___________________ . _________ ._. _________ _ tV I ._----_._----------.. -----------------.-----.----------------------Il --~ w en 00 1Iot"-...-----.-------------.. ------------------------~~ ~----------_ .. _- -----------------... _-----------------------.---------------~ -----------.---.--------------------~---------------.----'---------------------------11 ----------------.-------------------~--~--~--------------------~~--~~--~--~~~------~--------·------~I .. , '. >STATECOS1'PARTICIPATlON-,!~:~"'}~"T~, ~ ',_ "C .. , .... . ..• ,~~: -------------.---------t------------~-'-----'--;..;...;.....;.;......;.......;...:....;,.;~....;...-.;..;..-~---..:.~;;..;..,;;......;~-'--~--..:.........;...;....;..~~....-..;._I---------- -----------------+----------------------~-----------------------------.-------------------1-------------------~ State Construction Cost (From Sheet No.3) $356,000.00 -----------. ---_. --.-.. _-.. ---------'--------- r--.. ------ (l) Lump Sum Right-of-Wa)' Cos.t 24,920.00 (2) Subtotal . .--.. -.. --~-~--..,.,..,..-,-,---,-------:c_:-. -:..,-,~~,..--.-.-, .. ,..,._ ~-.-",:-:. o"":f;7">-~-__ -': . .,...>.~>.,.-~ .. -::-"...-,. ·....-:-~,,---~.,--·'-..-.--~-7:<S3=-=-=-g-:-O,.92=O:-:.O::-:O+---------fl -----------~·t~~~-~----------------~~~~~~~·~~~~~·~~·~~~-------------~~~~1--·-----------11 Construction Engineering (S% of State Construction Cost) 28,480.00 ~ --.--~------.---~-----" --_ ••• -0 __ . ---------.------_____ -'-______________________________ '--___ --\ __________ --II C Total State Cost $409;400.00 ----~--- (3) Contingenc:. Amount 32,000.00 tV --------... --------------.--.. --------------------------------------------'-----1-------------11 Encumbered Amount ... , >S441,4()o.OO --.J ~------------ l.D -~--------------..... -------.. -----------------------------------------------------------------____ .. _____________________ 100 I!-------------------·--------.------------------------_ .----------.... ---------------.-----------------------------____________ -11 --.------------.-----------------------------------41 ~ ~ ----------.-... --.---.---------------------------.... ---------.. -.-----------------------------.------. -·----.. --------------~------------__tl ------.. __ .--------.. ---_ .. _--------------.. _--------------_.-------------------------II~ . ----~----.. --._------_... --------.. -------.-----------------~ -----------~-----------------------jl J_I) As prov'~~~~n .:~icl.:.II_,_ ~~~~~()~_!l.. o! ~~~,.\~~~~ _______ .. _ _. ________ . __ . _____ -----------~------------__ll~ (:1) Amount of advance payment as described 'in Article III, Section A. of the Agreement '----'. .. -----.-----------.. ------------------.------.. -------------.-------~----------·----------------110 .. _~~!:{)rthe _~.tat~·s ~se only_ as described in Art~c.'e_II!,~ecri5m A. nf the Agreement ___________ ._____________ ~ ~=============================================================================================================d~ -I - lTL\( :'IIlll\lBER (l) I IYYl'o STATE (P) PLA.N Qt:ANllTY SOP. 2762-16 WORK ITEM ,: >, li'NIT QUANTITY, UNIT PRICE ~~-~~----~-~ --~------.-----.. ~-~----~-~-~-~-~-.--~-~-------.-----------1----.----t----------l---------ll-----~~ 1013.602 CELLULAR }'·fOBILE. TELEPHONE EACH 1.00 200.00 -------2021.5{)] MOBrUl..ATION LUMP SUM l.00 16,982.40 f---~~-~ .. ------. ______ ~. ____ . ______ ~ ___ .~_~_~~ __________ _ 2101.501 CLE'<\Rl:.'\G ACRE 0.20 I,3S0.oo ~.~-~ -~--~-~ ------------.. --~--.. --~--~~----~----------+-----~I------~----'---_+_----_:_:::__:_::_!I 1101.502 CLE'\RJ:.'\G TREE 15.00 100.00 -21oi~~--. -GR-U8B~-, ·-,G----- ---------t--ACRE 0.10 -1-----1-,2-6-'-.00---1-------'----,.--11 2101507'-GRtlBB1N-, G------------·-·--------.--~------------~-------------t-mE IS.00 80.00 2104,501 .-.--~~-----~--.-----~-.----~--------. .~ -------4-·--------1------'----11 REMOVE PIPE CULVERTS LIN. FT. 44.00 5.00 .---~---~------~-.~----~- __ 2104:?~L_ ._RI:1'w!()~·E.~§!!~~!~~S~_!()RJ\.1) LIN. FT. 215.00 5.00 11 __ 2_104_.5_0_1 _I-_RE __ M()VE CURB AND GUITER __ _ __________________ . _____ t-r-_L.,,-J!'l·. rr-. --. t--_____ 6_1_.0=0=~======-------2--.-S-0~ .... -~------~-----'--~=-_'"7_~ 2104.505 RE~mVE mTIJMr\OUS PAVEME',"T SQ. YD. 65.00 2.00 -2i04:S09 ----RE~o\rE P]PEAPRO~-'----~ EACH 3.00 60.00 2104.509 REMOVE MISCELLAJ'EOUS STRUCTURES EACH LOO 250.00 -·-----------~------I-------~--------I------2104.509 REMOVE DRANAGE STRUCTURE EACH 1.00 220.00 2104.513 SA\VING BIT PAVE:-"i8'T(FULL DEm) ~---;-i..IN.FT.----~~80-.-00-I--·~----1-.5--0--+------- (lf~"'--~2-IO-5-.5-0-1--.-+--C-O-m-IONEXCAV ATIO>1-------·-·.:..--------------'--~--..........,(c::-:P)-t CU. l'D. 2,262.00 2.20--+--------fI 2105.507 SUBGRADEEXCAVATION (P) CU. YD'-. --+---:..:.I~!:,92-.;-7:..:.-. .:..00_=~-----=-2.-2...:...0+_---~-____1I -~~---'------.-.---------.. --~--~~--.-~--~-~------------~.---------....:...""--_f-~_:_::c=_----1---- 2105.521 GRANCLAR BORROW (LV) CU.1''D. 4,882.00 5.20 ~--------------.-------~--------~---__ ~!~-'-~~2__S~~~0 G~NULAR BORROW (LV)' CU_ YO::.., __ -l ___ ::;2,::.O,:.:73:..:..00::..:......t _____ 5_._20-+-___ -=-:---::----:c--B 2105.523 COMMON BORROW (LV) CU. YD. 19,16&.00 3.50 2105.603 TRENCH EXCAVATION·---~--~-----·~-------------------------+-C=-U::....-YD-=-.--+---~1-:6-:-2.-:-00-:-+------::3-:.S~0+----~;;:;-;;~ -~·-~---~~----f---~·----·---~~~~·-~--·--:--:cc.::--~-c~--·-_c_·------------------~-------+-------+----...::..:.=:~~+--------I-----___::_:c__f 221l.503 AGGREGA IT BASE (CV) CLASS 5 (P) CU. YD. 1,429.00 11.00 -AGGR£GA IT BASE (CV)CLASS6----------------------------(P-)-+--C-U. YD. 2,034.00 11.00 2211.503 2350.609 2350.609 2357.502 2411.603 2451.601 2501.'515 2501.515 2501.517 lYPE LV <} WEARING 'COUiSEMlXTI:RE .. -·-.....:::...~'-TO==N:.....:..::=--------l----=-':...:.35:...:3:..:..0:..:.0+-----::3...,..0-:.OO-=-+--~:-::'-::;-::::-=-i TYPE LV]' NON \\1£ARINGCOURSE-"'tlX-T"C-U--R-E'-----------------.----t---TON 744.00 25.00 --------~--,,~--~.--~--~ --.-------+--=--:---=~----f..-~-------../.--------+------___,__i BITITh1INOUS MATERIAL FOR TACK COAT GALLO}; 161.00 0.70 ----------~--------~~-------------------I,-------..:...--+-------I------:-:-~:-I SQ. fT. 7,920.00 7.00 -.~----~~.-.~--------------~--------------------.....::....-------1---~~:..:.:..::-I---~----~----=--~c:_1 CU. YD. 162.00 6.00 20' CO:.'\CRETE PLAi';"KS .I-------.~. -~---~~---.. ~-~-~----~ SAND BACKFILL f---~----~-.. ~.--.--~.--~~---. -----.-_______ ._ .. __ . ____ ~~ ___________ _ EACH 2.00 165.00 -----.----~----------.~----__j!__.~-~----.. -I------~~---.. _I__-----~-_II__----:_o_:c_i EACH Loo 450.00 _____________ --~ ..... ____ ::.::..Jl------=-:.......~----__=_~ EACH 1.00 550.00 24" GS PIPE APRON . ~---~-~ -.. _------- 24" RC PIPE APRO~ -~ ---~ -~ --~~ --------------- A-S DIAPHRAGM FOR 24" CP PIPE --------2503.511 24" CP PIPE SEWER --------.------~.~~-f-:-~--------------.:....:...-.~------_+_----:_:_7_=_l LIN. FT. 23.00 ______ 2_0 __ .00 J..------:-c-I -------~-~-~-~.-----~--------~-----~------~~---~-~------.-- Lr.-;. FT. 37.00 23.00 ----I~-- 2503.541 "----._------ 12'" RC PIPE SEWER DESIG};, 30M ~--~---------~------.. -~------~ ---------'-~------_f__-·--_=__::c::7"-=::-1 2503.541 2503.541 IS'" RC PIPE SEWER DESIG};, 30(}6 LIN. IT. 500.00 25.00 -------.. ---·· .. ~---r-i-lN-.-Fi~-----~~----1-27.00-~--40.00-+---~---~ ----------------------~-- -2- 3: -::J .'-. t:j 77679 ~~~~~5E~~~~~~F7T7nn~~~~~~~~~~~~~~~ 3: ~~~~~~~~~~~~~====~~~=========aro <+ ~--~~-+--------~--------------~--·------------------------------------~~~~-----4-----~~~~------~~~------~~nn16 PIPE SEWER DESIGN 3006 .---.... ~ .. -.~-~-.----~ --~~--.. -----------+-.::.:.:.~~=_-----I-~----_:_:_"7::"""+_------_____:-~--------=-----I1 ~--.. -------.:......-:......I-----------+----··-·--:-::::-::-~ .~~~~~:-:::.~~--------------.~------~~~=;~----~~-----~~------~~~+-------~~~~ --~----~---.--------~~+-~~------~-----~~-----~~~------~~~~ ~---~---.--:~~~~~~-----------------------~-------~_4~~~---~------~~~----~~~------~~~N -·~-----~·-----------------------~·~-~4-~~~~----~-----~~~~------~~------~~~~ --------:~~~~~~ ..... ~~-.. ~----------------------+~~~------,-----~~-~---------~~~----~~~~~ (X) ._----------.--~~----.~--.--.-~~~~-~.-------+---------. --4_------~~-I~----------~+-----------~ ---.-~-.-------------~-----.~----------__l --------J--.. --~~~~----~~~~~ --------.---~.----.. -.. ~~.--4_--------.-.~-+ ------------------~-----~-·-·~---~-----------il----------_+------------z o .. -~.-------------..... -----.~---. -~.-.-.-.~~ ~-~·--------------t·-~ ·3- DATE: 08/04/98 EDEN PRAIRIE CITY COUNCn., AGENDA Consent Calendar ITEM NO: .TIL & SECTION: DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5471 Engineering Division Receive Petition and Order Feasibility Study for Street Improvements in the Rodney W. Rue Hillcrest! Alpine Neighborhood Recommended Action: Approve resolution receiving petition and ordering a feasibility study for street improvements in the Hillcrest! Alpine neighborhood. Overview: There has been some interest recently in this neighborhood (east of CSAH 4) for street and drainage improvements. Due to the interest and questions within the neighborhood, we held a neighborhood informational meeting on May 18, 1998 to discuss the petition and special assessment process. Primary Issues: To date, we have not had a specially assessed street reconstruction project and consequently do not have a cost participation policy. Our intention would be to use this petitioned project to help develop an effective cost participation policy for these types of projects. At the neighborhood informational meeting, we discussed this issue with the residents and offered them the opportunity to "vote" on the project once the feasibility study is completed and the cost participation policy is established. This would be an "extra step" in the process. However, it seems justifiable since we do not have an approved assessment policy for street reconstruction projects. Financial Issues: It is anticipated that the City will have a share in the cost of this project. However, we will not know the extent of those costs until the cost participation policy is established. We do know that this project will have an impact on the City'S budgeting process since there is not a funding source for these types of projects. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING PETmON AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 98-5471 -Hillcrest! Alpine Neighborhood Street Improvements and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of H.T.P.O., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on August 4, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: ~ 11 DEPARTMENT: ~ ITEM DESCRIPTION: Public Works j. Approve License Agreement with Sprint Spectrum, LP for Communications Eugene A. Die Facilities at the Baker Road Water Reservoir Site. Requested Action: Approve motion authorizing the Mayor and Manager to execute a license agreement with Sprint Spectrum, LP for utilization of the Baker Road reservoir site for a communications system. Background: Roger Pauly, Gary Therkelsen and I have completed negotiations with Sprint to allow them access to our Baker Road reservoir site for another set of three antennas. The agreement is essentially identical to the agreement that we currently have with U.S. West at the same location and contains the following elements: • Monthly payments in the first year of $1,102.50 (same as U.S. West). • Annual escalation of the fee by 5 % • • The license has a five-year term and allows for an additional four five-year extensions --or a potential of 25 years. • Sprint will pay the cost of installing one new electric service for the entire site so that the two existing services can be abandoned. • Currently, there are three U.S. West antennas on the tank. The Sprint proposal will add an additional three antennas that will work similar to the U.S. West installation, but be slightly higher with one less antenna and located a few degrees clockwise from the existing locations. • Painting of the equipment attached to the tank will match the tank color. • The agreement attempts to minimize the interference of this installation with any equipment that we or U.S. West currently have at the location and makes provision for dealing with potential interference issues in the future. • The agreement attempts to maintain a strong City position for dealing with additional maintenance costs and obstacles during maintenance of our facilities. • The location of a I5-foot by 20-foot fenced "equipment pad" should make the surface installation nearly invisible from surrounding properties. In my opinion, unless technological advances make similar installations more compact in the future, there is limited application for additional vendors to be at the site. Financial Implications: The agreements attempt to make provision for the licensees to pay additional costs incurred by the City for tank maintenance due to these installations. This may prove to be difficult to identify, at this time we have had no experience with tank painting subsequent to antenna installation. Therefore, a policy decision on the allocation of the revenues on all the license agreements should be made. Anticipating additional costs to the utility system, I would suggest that half go to the Utility Fund and half go to the General Fund (perhaps earmarked for maintenance of our telecommunication system). f LICENSE AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND SPRINT SPECTRUM, LP GLG: 7/28/98 This License Agreement, made this __ day of , 1998, between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and Sprint Spectrum, LP, a limited partnership under the laws of the State of Delaware, 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 a water tower (the "Water Tower") and an equipment structure ("Equipment Structure"). Grantor is the Grantee of a certain easement over Lot 1, Block 1, Crosstown Racquet Club, more fully described in Exhibit A hereto (the "Easement"). The Equipment Structure is owned by Minneapolis SMSA Limited Partnership or its assignees. Grantor has a right to occupy 111 square feet of the Equipment Structure ("Grantor's Portion of Equipment Structure"). The Land, Water Tower, Easement and Grantor's Portion of the Equipment Structure are hereafter called (the "Property") . B. Grantee desires a license to use portions of the Property as described herein for the purpose of constructing, operating, and maintaining certain improvements for the purpose of a communications facility to receive and transmit voice and data. NOW THEREFORE, the parties agree as follows: 1. Grant of License. Grantor grants to Grantee a license for the use of part of the Property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions, and provisions contained herein, which license shall be irrevocable except and as otherwise expressly provided herein. 2. Term. The term of the license granted hereby shall be for a period of five years, commencing on the first day of , 1998 (the "Term"). 3. Cop.sideration. Grantee shall payor provide to Grantor the following: (a) Annual license fees in the following amounts: Year 1 Year 2 Year 3 Year 4 Year 5 $13,230 13,892 14,586 15,315 16,081 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 of each month thereafter during the Term. (b) Forty-Five and no/100 Dollars ($45.00) per occurrence to Grantor to reimburse Grantor for its costs incurred by its personnel unlocking the door to the Water Tower to enable Grantee's designee access to its facility. This amount shall be increased each year commencing after year one (1) by five percent (5%). (c) Grantee shall be responsible for and assumes all costs associated with redirecting and installing a new commercial electrical power supply for the benefit of Grantor, Grantee and existing license holders on the Property. Costs for which Grantee shall be responsible include all costs incurred by Northern States Power Company (NSP) in connection with . the redirection and installation of the new commercial electrical power supply. The corridor for routing this new electrical power supply is depicted on Exhibit B. The exact location of the electrical power supply within the easement and right-of-way area will be determined by Grantor so as to minimize tree and vegetation loss. Clearing the approved alignment and restoration of the work zone after completion by NSP will be the responsibility of Grantee. The work to provide the new electrical power supply service to the Property shall include, but not be limited to the following: (i) New NSP service from west side of Pinnacle Drive within the right-of-way of Ho1asek Lane east; then parallelling the south line of Outlot C within the utility easement of Lot 30, Block I, Cardinal Ridge; and then parallelling the east line of Outlot C within existing easements as shown on Exhibit B to a transformer to be installed at the southeast comer of the Property (Outlot A) as indicated on Exhibit B. (ii) Clearing vegetation on selected NSP private alignment. -2- (iii) Construction of private service (to be owned by Grantor) from the NSP transformer to serve all power needs on the Property. (iv) Disconnecting and abandoning existing two service lines to the Property. (v) Reconnecting power to existing facilities on the Property. (vi) Coordinating with Grantor and other license holders to minimize disruption to existing electrical needs on the Property. (vii) Securing all necessary state electrical permits. (viii) Restoring construction zones along the entire route of service, both NSP and private. (ix) Implementation of directional boring to cross streets and avoid significant trees in certain segments of the route. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (those of which are described in Section 4 (a) (b) and (c) are hereafter referred to as the "Improvements" or the "Facilities"): (a) Three (3) mounts, each of which will have the capacity to accommodate four (4) communications antennas consisting of flat panels, approximately nine (9) inches wide by five and one-half (51/2) feet tall ("antennas"), of which two antennas will initially be installed on each of the three (3) mounts, together with connecting lines for each panel as more particularly illustrated on Exhibit B attached hereto. (b) Related radio equipment which shall be located within a fenced area fifteen (15) feet by twenty (20) feet as illustrated on Exhibit B attached hereto. (c) Telephone and electric lines, coaxial transmission lines and service equipment for its antennas installed underground and within that part of the Property illustrated on Exhibit B attached hereto. (d) 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 the Property from and to Pinnacle Drive, as illustrated on Exhibit B for the purpose of inspecting, -3- ----- maintaining and repairing its Improvements, 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 Property or other property as may be provided by or through Grantor. (e) 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 Property is consistent with all local, state and federal laws, ordinances, and regulations. (f) Prior to the installation of any of the Improvements Grantee shall provide Grantor with plans and specifications containing such information and in such form as reasonably required by Grantor. Installation of the Improvements shall be subject to Grantors written approval of, and in accordance with, the plans and specifications. Commencement of operation of the Improvements, other than for test purposes, shall be subject to approval by Grantor of the Improvements after they have been installed. 5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of Grantor's Property denominated on Exhibit B attached hereto as "Exclusive" ("Exclusive Area") shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purpose of maintenance of the Property and Grantor's equipment. Grantee's license to use all other portions of Grantor's Property shall be non- exclusive, and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, or if Grantor utilizes any or all of the Exclusive Area, 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 of the Property. Grantee shall pay personal property or real estate taxes levied against or upon the Improvements or the Prq.perty as a result of the Improvements or use of the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Improvements or Property as a result of the Improvements or use of the Property by Grantee, which Grantor may receive -4- 5 from any taxing authority. Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or asse,ssments. In the event there are more than one non-exempt user of the Property, taxes or assessments upon the Property on account of the use of the Property by such users shall be apportioned among all of the non-exempt users. 7. Maintenance. All costs for maintenance of the Property, including annual inspection, painting or other maintenance of the Water Tower that result from Grantee's use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. Costs for maintenance of the Property shall include, but are not limited to, costs incurred for repair or restoration of damage or corrosion of the Water Tower resulting from attachment of any of the Improvements to the Water Tower as well as any additional costs incurred by Grantor to repair the Water Tower because of the placement of the Improvements upon the Water Tower. In the event Grantor requests Grantee to (a) remove all or some of the Improvements from the Water Tower, or (b) to deenergize all or some of its Improvements, to facilitate painting, Grantee shall do so within 30 days of Grantors written notice to Grantee of Grantor's intent to paint the Water Tower. 8. Ownership of Improvements. During the Term or any Extended Term of this Agre~ment, ownership of the Improvements will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or any Extended Term, the Improvements shall become the property of Grantor, except (a) all Grantee's personal property items readily removal from the Property, 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 promptly remove those Improvements which Grantor has notified Grantee of its desire to have removed and shall restore the Property from which they have been removed to the condition prior to the installation of the Improvements. 9. Advances in Technology. As technology advances and improved antennas are developed which are routinely used by Grantee in Grantee's business, Grantor may require in its reasonable discretion the replacement of the existing antennas with any improved antennas then being used by Grantee in the Minneapolis-St. Paul metropolitan area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible. 10. Indemnification. Grantee shall defend, indemnify, and hold Grantor harmless against any claim of liability or loss from personal injury, property damage or liens resulting from or arising out of the use and occupancy of the -5- Property, 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 negligence, willful acts or omissions of Grantor, its officers, employees or agents. 11. Insurance. Grantee shall carry insurance to protect the parties against any and all claims, demands, actions, judgments, expenses and liabilities which may arise out of or result, directly or indirectly, from Grantee's use of the Property. The policy providing the insurance shall list Grantor as an additional insured and shall specify ili.at it will be the primary coverage as respects Grantee's sole or contributory negligence. The policy shall have coverage limits of at least $2,000,000 for anyone occurrence of property damage and $2,000,000 per person and per occurrence for personal injury or death. Grantee shall also maintain worker's compensation insurance required by law. Insurance meeting the requirements of this paragraph shall be furnished and maintained so long as any Improvements, except those which remain with Grantor pursuant to Section 8, have not been removed from the Property. Grantee shall provide a certificate of insurance on the Grantor's approved form before installing the Improvements and using the Property. Grantee shall thereafter provide current certificates of insurance upon Grantor's request. 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 public health and/or safety, Grantor may without prior notice to Grantee cause discontinuance of the operation of Grantee's Facility or may order Grantee to discontinue its operation. Grantee shall immediately comply with such an order. The operation 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. 13. Interference with the Water Tower. Grantee shall not interfere with Gr~tor's use of the Property, including the Water Tower, and the use by others to whom Grantor has granted the use of the Property prior to the date of this license and use of the Property, and agrees to cease all such actions which unreasonably and materially interfere with Grantor's or other's use of -6- 1 the Property no later than three (3) business days after receipt of written notice of the interference from Grantor. Grantee further agrees to cooperate with Grantor to resolve any interference between Grantee's operation and the use by others to whom Grantor has granted the use of the Property subsequent to the date of this license. 14. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities now or hereafter installed on the Water Tower, whether owned by Grantor or another to whom Grantor has granted the use of the Property prior to the date of this license. 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 has not been eliminated within 30 days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. Grantee further agrees to cooperate with Grantor to resolve any interference between Grantee's operation and the use by others to whom Grantor has granted the use of, the Property subsequent to the date of this license. 15. Additional Covenants. Grantee shall (a) not use any process or method in the installation, maintenance or removal of ,any Improvement upon the Water Tower by means of welding, cutting tool or other device which could damage the Water Tower, including its interior and exterior paint or any equipment attached thereto, (b) protect the Improvements from damage or harm in the event of the repair or maintenance of the Water Tower or other facilities of Grantor, (c) not, without Grantor's consent, remove, cut or trim any trees or other vegetation on the Property, and (d) 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 Property 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 and other amounts due within 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. -7- (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, unless Grantee's default reasonably requires longer than 30 days to correct and the Grantee has commenced correction of the default within the 30 day period and is diligently pursuing such correction in which case the Grantee shall be allowed such additional period of time as is reasonably required to complete correction of the default, so long as Grantee is diligently pursuing such correction. (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 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 voluntary bankruptcy or the . making by it of a general assignment 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 Water Tower, the Property, 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 after reasonable notice to Grantee (except in the case of a casualty) to terminate this -8- -~----- agreement at any time if, in Grantor's sole judgment, Grantor shall (a) discontinue its use of the Water Tower, or (b) conveyor transfer to another the Property or the Water Tower and such transferee ceases to use the Water Tower as a functioning water storage facility. Upon termination of this Agreement pursuant to Grantor's right to terminate in accordance with this Section 18, upon Grantee's Default as provided herein, or upon expiration of the Term or an Extended Term or pursuant to Grantee's right to terminate as provided in Section 5 hereof, the parties obligations under this Agreement shall cease except Grantee's obligations with respect to Sections 8, 10 and 11 of this Agreement and to make payment of any amounts, including damages, to which Grantor may be 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 four (4) 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 then current term. The annual license fees for the Extended Terms are as follows: First ~xtended Term Second Extended Term Year 6 $16,885 Year 11 $21,550 Year 7 17,729 Year 12 22,628 Year 8 18,616 Year 13 23,759- Year 9 19,547 Year 14 24,947 Year 10 20,524 Year 15 26,194 Third Extended Term Fourth Extended Term Year 16 $27,504 Year 21 $35,103 Year 17 28,879 Year 22 36,858 Year 18 30,323 Year 23 38,701 Year 19 31,840 Year 24 40,636 Year 20 33,432 Year 25 42,668 20. No Representation or Warranty. Grantor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to ~rantee the use of the Easement and Grantee's entering into this Agreement and use of the Property is subject to Grantee's own investigation and acceptance thereof "as is". --9- If) 21. Reimbursement of Costs. Grantee acknowledges that Grantor may engage the services of outside consultants to review the plans and specifications and to inspect the Improvements after installation from time to time or perform the work utilizing its own employees. Grantee shall reimburse Grantor for all costs and expenses which it may incur during the development of the Sprint pes communications site by engaging outside consultants for such review and inspection. Grantee shall also reimburse Grantor for its costs incurred or to be incurred as and for attorneys' fees in connection with the negotiations, preparation, execution and performance of this License Agreement. 22. 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. 23. Interpretation. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 24. Assignment. This license, and rights thereunder, may be sold, assigned or transferred at any time by Grantee to Grantee's parent, affiliates, subsidiaries or any entity which acquires substantially all of the assets of Grantee, without notice to or the consent of Grantor. As to other parties, this license may not be sold, assigned, or transferred without the written consent of Grantor, such consent not to be unreasonably withheld or delayed. For purposes of this paragraph, a "parent," "affiliate" or "subsidiary" means an entity which directly or indirectly controls, is controlled by or under common control with Grantee. In the event of a sale, assignment or transfer to a parent, affiliate or subsidiary, Grantee shall remain liable for the full performance of Grantee's obligations hereunder. Grantor hereby consents to the assignment by Grantee of its rights under this license as collateral to any entity which provides financing to Grantee. 25. 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 Grantor; or if it is directed to Grantee, by delivering it personally to the Property Manager of Grantee; or if mailed by United States registered or certified mail, return receipt requested, po~tage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier; or if sent by facsimile, properly addressed as follows: -10- I{ If to Grantor: If to Grantee: with a copy to: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager Fax No.: 612-949-8390 Ph. No.: 612-949-8300 Sprint Spectrum L.P. 4900 Main, 5th Floor Kansas City, MO 64112 Attn: Business Law Group Sprint PCS 1341 West Mockingbird Lane Suite 600E Dallas, Texas 75247 Attn: Property Manager Fax No. (214) 688-5883 Ph. No. (214) 525-4008 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, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Facsimile notices shall be deemed effective when received. 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. 26. 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 the last day of the last Extended Term, Grantee shall record flIl appropriate instrument to clear the memorandum from the title to the Property. 27. Waiver of Claims. Anything in this license to the contrary withstanding, Grantor and Grantee hereby waive and release each other of and from any and all right of recovery, claim, action or cause of action, against each other, their agents, officers and employees, for any loss or damage that may occur to the Property, Improvements or Facilities to the extent that the other party is fully compensated for such loss or damage by actual receipt of proceeds from insurance policies covering such loss or damage. Grantor and Grantee agree immediately to give their respective insurance companies which have issued policies of insurance covering such loss or damage, written notice of the terms of the mutual waivers contained in this section. -11- /~ IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. Date: ___ -', 1998 Date: 1998 -12- 13 GRANTOR CITY OF EDEN PRAIRIE By: Jean L. Harris Its: Mayor By: Christopher M. Enger Its: Manager Taxpayer ID #: 41-0855460 GRANTEE SPRINT SPECTRUM, LP By: Its: By: Its: Taxpayer ID #: ______ _ STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of ___ -i' 1998, by Jean L. Harris and Christopher M. 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 STATE OF ____ ) ) ss. COUNTY OF ___ ) The foregoing instrument was acknowledged before me this __ day of ___ --', 1998, by and __________________________ -J' the and of SPRINT SPECTRUM, LP. Notary Public -13- EXHIBIT A TO LICENSE AGREEMENT LAND Outlot A, Crosstown Racquet Club, according to the recorded plat thereof, Hennepin County, Minnesota. EASEMENT A 25.00 foot easement for ingress and egress purposes over Lot I, Block I, Crosstown Racquet Club, according to the recorded plat thereof: The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot I, thence North 3 degrees 32 minutes 22 seconds West along the west line of said Lot 1 a distance of 41.59 feet to the beginning of the centerline to be described; thence South 89 degrees 49 minutes 43 seconds East a distance of 263.05 feet; thence North 3 degrees 32 minutes 22 seconds West a distance of 251.04 feet; thence North 86 degrees 27 minutes 38 seconds East a distance of 43.68 feet to the East line of said Lot 1 and said centerline there terminating, Hennepin County, Minnesota. . . /5' DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: re: I SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5469 Engineering Division Approve Special Assessment for Sanitary Sewer Connection at 1605 Pioneer Alan D. Gray Trail Recommended Action: Approve special assessment agreement for sanitary sewer connection at 16501 Pioneer Trail. Overview: Hennepin County District Court, upon petition by the City of Eden Prairie, has issued a default judgement and authorization to abate a hazardous condition at 16501 Pioneer Trail (Lot 9, Block 1, Eden Heights, except the south 300 feet thereot) consisting of failed on site septic system which leaches sewage effluent onto the ground. The abatement will consist of connecting the existing home to the City's waste water collection system and abandoning the existing septic system. Fmanciallssues: All City costs to perform the abatement, including connection fees, trunk fees and SAC fees, will be assessed to the property in accordance with the Assessment Agreement. S.S.A. 98-05 AGREEMENT REGARDING SPECIAL ASSESSMENTS mIS IS AN AGREEMENT MADE THIS DAY of ____ , 1998, between the City of Eden Prairie, a municipal corporation, (the "City") and James Davidson and Deborah Timm-Davidson (the "Owners"). A. The Owners hold legal and equitable title to property described as Lot 9, Block 1, Eden Heights, Hennepin County, Minnesota, except the south 300 feet thereof, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire the City to abate a hazardous condition on the Property consisting of a failed on-site sewage treatment system. The abatement shall consist of abandonment of the on-site system and connection to the City's sanitary sewer system referred to hereafter as the Improvements. C. The parties hereto desire to enter into an Agreement concerning the financing of the Improvements together with connection fees, access fees, trunk assessments and permit fees, all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $13,057.50 for the Improvements. Said assessments are defined as follows: • Metro SAC: ..................... $ 1,000.00 • City SAC: ....................... 520.00 • Sewer Connection Fee: ............... 7,002.00 • Trunk Sewer: ..................... 320.00 • City Permit Fee: ................... 15.50 • Construction Cost: .................. 4,200.00 The total amount to be assessed will be adjusted to reflect the actual amount for construction. 2. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments . 1 SPECIAL ASSESSMENT AGREEMENT 98-05 BY: BY: ------------------------------------------------James Davidson Owner --------------------------------------------------Deborah Timm-Davidson Owner STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: BY: ----------------------------------------Jean L. Harris, Mayor Its Mayor --------------------------------Christopher M. Enger Its City Manager The foregoing instrument was acknowledged before me this day of , 1998, by Jean L. Harris, the Mayor and Christopher M. Enger, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this ______ day of ______________ ..a. 1998, by James Davidson and Deborah Timm-Davidson the Owners. Notary Public 2 DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: TIt'.J. DEPARTMENT: ITEM DESCRIPTION: I.C. 93-5304 Engineering Division Approve Proposal for Construction Engineering Services for Eden Crossing Alan D. Gray Frontage Roads by TKDA Recommended Action: Approve the proposal for construction engineering services to be provided by TKDA for the construction of Eden Crossing Frontage Roads, I.C. 93-5304. Overview: This project is being constructed through a cooperative agreement with MnDOT. The City will be the contracting agency for this frontage road improvement to TH 212. MnDOT is reimbursing the City for construction engineering services rendered by TKDA. Fmancial Issues: The cooperative construction agreement with MnDOT provides for reimbursement to the City of the costs incurred with TKDA for construction engineering services. I TKDA ENGINEERS· ARCHITECTS· PLANNERS January 22, 1998 Mr. Eugene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Suite 200B Eden Prairie, Minnesota 55344-2230 Re: Proposal to Provide Construction Engineering Services for Eden Crossing Roads Dear Mr. Dietz: TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101-2140 PHONE:6121292-44oo FAX:6121292-0083 In accordance with your request, we propose to provide construction engineering services for the construction of the Eden Crossing Roads, hereinafter called the Project. Our services will be provided in the manner described in this proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter, the City of Eden Prairie, Minnesota will be referred to as the OWNER. 1. PROJECT DESCRIPTION The Project includes the construction of three new roadways in the Eden Crossing area which is located in the northeast quadrant of Mitchell Road and TH 5 in Eden Prairie, Minnesota_ These roadways are known as Eden Crossing Road A, Eden Crossing Road B and Martin Drive Extension_ An Equal oppo~ty Employer Mr. Eugene Dietz City of Eden Prairie January 22, 1998 Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on our understanding of the Project, we propose to provide the following services: A. Assist OWNER with conducting a preconstruction conference, and prepare and submit minutes of the meeting to all attendees. B. Interpret the plans and specifications relative to the Contractor's general compliance with the Contract Documents. C. Make visits to the site at intervals appropriate to the various stages of construction to observe, as an experienced and qualified design professional, the progress and quality of executed work of Contractor, and to determine, in general, if such work is proceeding in accordance with the Contract Documents. D. Consult with the OWNER throughout the construction of the Project. E. Review and recommend approval (or recommend other appropriate action) of shop drawings, samples, equipment, approval data and other data submitted by the Contractor, but only for conformance with the design concept of the Project. F. Make revisions to the drawings and specifications, and prepare necessary documents for change orders and supplemental agreements. G. Prepare partial estimates for payment to the Contractor. H. Prepare final estimate for payment to the Contractor. 1. Prepare final documentation for the Project for subsequent submittal to the MNIDOT Office of Construction for review and checking. 1. Prepare record drawings showing changes in the work authorized during construction based on marked-up prints, drawings, and other data furnished by Contractor and TKDA'S resident representative, and which TKDA considers significant. Submit a set of reproducibles and electronic files in Microstation format to the OWNER. K. Provide construction staking in accordance with standards and specifications identified in Chapter 6 of the MN/DOT Surveying and Mapping Manual. Mr. Eugene Dietz City of Eden Prairie January 22, 1998 Page 3 L. Coordinate sampling and testing services to be provided by others. M. Provide resident Project representative(s) at the site during the construction phase of the Project. The furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for Contractor's failure to perform his work in accordance with the Contract Documents. Within this context, TKDA's resident Project representative shall perform the following tasks: 1. Review, in detail, all drawings and specifications prior to beginning construction, including procedures for Project payment, extra work, final inspection and restoration; attend pre-construction conference. 2. Meet on the job site with the Contractor and OWNER prior to construction to determine traffic conditions and utility company coordination requirements; and review reference points to be used for construction layout. 3. Serve as liaison with the Contractor, working principally through the Contractor's superintendent and assist him in understanding the intent of the Contract Documents. However, the resident Project representative shall not authorize any deviation from the Contract Documents or approve any substitute materials. 4. Receive and record approved shop drawings and samples. Advise OWNER and Contractor or its Superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been recommended for approval by TKDA and approved by OWNER. 5. Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. Coordinate materials testing program. 6. Report to TKDA and OWNER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise TKDA and OWNER when he believes work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection or approval. Mr. Eugene Dietz City of Eden Prairie January 22, 1998 Page 4 7. Maintain, at the job site, orderly files for correspondence, reports of job conferences, Shop Drawings and sample submissions, reproductions of original Contract Documents including all addenda, change orders, supplemental agreements, field orders, additional drawings issued subsequent to the execution of the Contract, OWNER'S clarifications and interpretations of the Contract Documents, progress reports, material testing and certification documentation, and other Project-related documents. 8. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. 9. Transmit the OWNER'S clarifications and interpretations of Contract Documents to Contractor. Consider and evaluate Contractor's suggestions for modifications to drawings or specifications, and report them, with recommendations, to the OWNER and TKDA. 10. Assist with preparation of applications for payment. 11. Conduct final inspection in the company of TKDA, OWNER, MNIDOT and Contractor, and prepare a final list of items to be completed or corrected. 12. Verify that items on the final list have been completed or corrected, and make recommendations to OWNER concerning acceptance. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this proposal. A. Sampling and testing services required during construction, including, but not limited to, materials testing, compaction tests, density tests, concrete strength tests, etc. Mr. Eugene Dietz City of Eden Prairie January 22, 1998 Page 5 B. Property descriptions or surveys. C. Wetland delineation, surveys or mapping. D. Furnish electronic drawing files in AutoCAD format. IV. OWNER'S RESPONSIBILITIES This proposal is made with the understanding that you will provide the following services relating to the Project which are in addition to those enumerated under Article 8 of the General Provisions: A. Provide all permits required for the construction of the Project. B. Provide sampling and testing services during construction to verify that materials and finished work comply with the Contract Documents. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this proposal and your award of a construction contract. Services shall be completed in 1998. VI. COMPENSATION Compensation to us for services rendered under SECTION II shall be on an Hourly Rate basis as defined in Article 3 of the General Provisions. We agree that the total compensation will not exceed 15 % of the Construction Cost. Construction Cost shall be the larger of the Construction Contract amount or Construction Contract amount plus change orders. Mr. Eugene Dietz City of Eden Prairie January 22, 1998 Page 6 VII. CONTRACTUAL INTENT We thank you for the opportunity to make this proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Eden Prairie and the return of a signed copy to us. Sincerely, f~~ Project Manager ACCEPTED FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By ____________________________________ ___ Title. ______________________ _ Date, _____________________ _ DTP:RCLmr/mrk ATTACHMENTS: GENERAL PROVISIONS 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August, 4, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance A Resolution amending Resolution No. 98-4, TIL, K. authorizing use of facsimile signatures by public officials. Background: Resolution No. 98-4 needs to be amended due to the retirements of Carl J. Jullie, City Manager and John D. Frane, Treasurer. ReqJ.lested Action: Approval of resolution designating the use of facsimile signatures of Christopher M. Enger, City Manager and Donald R. Uram, Treasurer. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 98-4, AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED that Resolution No. 98-4 be amended to read that the use of facsimile signatures by the following persons: Jean Harris, Mayor Christopher M. Enger, City Manager Donald R. Uram, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though is bore his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without his authority. ADOPTED by the City Council of the City of Eden Prairie on this 4th day of August, 1998. Dr. Jean Harris, Mayor ATTEST: Donald R. Uram, City Clerk DATE: 08/04/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ~~. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Grading Permit for Liberty Trust Limited Partnership Alan D. Gray Recommended Action: Approve grading permit for construction of parking lot addition on Smetana Lake Apartment site for use by Building 7 of Technology Park Addition. Overview: Liberty Property Limited Partnership has purchased Building 7 on Technology Park 5th Addition and the site westerly of the building which was approved for the Smetana Lake Apartment site. Liberty Trust plans to develop of office site in the future as office. They currently need additional parking for a new tenant in Building 7. They propose to build a parking expansion on the former Smetana Lake Apartment site as shown on the attached sketch and grading plan. The location of the parking expansion for Building 7 and the grading proposed is consistent with the grading plan for parking on the Smetana Lake Apartment site. Primary Issues: The Watershed District has issued a grading permit for this proposed project. The apartment previously approved required the removal of most all trees on the apartment site. Trees that existed in the area of this proposed parking expansion have already been removed. No additional tree removal is required for the proposed parking expansion. Tree replacement for this site will be developed with Liberty Property Limited Partnership through their proposed office development which will be forthcoming. I ) ® ~[lr~OO~'~ k ~ ~~fE fE OC$ X [Q)/E ~ ~ I ~[Q)@1N1 \ ~) .,;, . -}- I I .r_-.. ___ ~, __ . ; :",: , : ". OUTLOT • ( 10) OUTLOT B .'0: •• 0: . :-::. :.:~. .....• ~!;) ~I~~ -10 ------- IEC.h~ f""(eo l5 :.-.... ;.., '\t~ z I , :! .3~ 3,5 Ol A :::; ( 8) " . l - @ \ i \ i i \ / I (TYP.) E ~ 2: ,..··SLOPES········· __ ···· ANCE (MOWlN.Gl..B.EQUIRED. / BITU~INOUS PA' ./ \ \ SIL T FEN'Cg\(JYf. , .. "t' , 47.39' ....... ,/.. \ \ 29 BL ....... \ .. - \ \ i \ ! .. JO;~ (SPA @ 8' O.C.) • CB '- [ RE=85 .O(VERIFY) IE=84 OO(EXIST. -VERI IE(W)= 50.3~ ~ 34'-12"RCP r~=r-. @ 1.9% .' NI ' ~ : ! N .j , / EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8-4-98 SECTION: PUBLIC HEARINGS ITEM NO • .:Q:,.,,t. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger V ALLEY VIEW BUSINESS CENTRE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for Comprehensive Guide Plan Change from Medium Density Residential to Regional Commercial on 2 acres, from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres; 3. Adopt the Resolution for PUD Concept Review on 27.2 acres; and 4. Approve 1st Reading of the Ordinance for PUD District Review on 27.2 acres and Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to 1-2 Industrial on 7.26 acres; and 5. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: In 1991, the City approved the Carpenter North Planned Unit Development. The approved plan is an 80-unit apartment building, 37 multi-family units (townhouses), and 104,000 sf. of commercial. The PUD was amended in 1996 for the second phase grading. The approved land uses did not change. The proposed guide plan change eliminates the apartment and multi-family housing. The amount of regional commercial is increased by 9,718 square feet. The proposed plan is a 113,718 sf. Home Depot and an 81,140 sf. office -showroom building. Reasons to consider the change are: 1. The change results in less traffic than the approved plan and commercial traffic does not go through a residential area. 2. The change preserves natural vegetation as a buffer to the residential areas to the north. f 3. The change minimizes tree loss. 4. The change creates greater building setbacks to the residential areas to the north and west than the approved plan. 5. The change creates a transition to the residential areas to the west. The project requires a waiver from the City code to increase the allowable permanent outdoor sales and display area from 6 -16% and a waiver to increase office use from 50% to 75%. The City has previously approved waivers for permanent outdoor display for Bachmans (100%), and Franks (100%). Both uses meet the current screening requirement and 20% base area ratio requirement for the main building. If the size and screening solution for the existing uses are acceptable, then consideration for a waiver for Home Depot would be reasonable. A waiver is requested to increase the allowable office use from 50% to 75% for the one story office- showroom building. This waiver has been approved for all office showroom buildings. Reasons to grant the waiver are; the building meets office standards for building materials and landscaping, there is one loading area which is not visible from any residential area or public streets, and the project generates little or no traffic on the weekends. The staff recommends approval. Planning Commission Recommendation: The Planning Commission voted 6-0 to approve the project according to the staff report at the July 13, 1998 meeting. Parks and Recreation Commission Recommendation: The Parks and Recreation Commission voted 6-0 to approve the project at the July 20, 1998 meeting. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Planning Commission Minutes dated July 13, 1998 4. Staff Report dated July 10, 1998 5. Correspondence. VALLEY VIEW BUSINESS CENTRE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Valley View Business Centre by CSM Corporation for a Home Depot and an office-showroom building requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment ofthe Plan subject to Metropolitan Council approval as follows: 2 acres from Medium Density Residential to Regional Commercial and 7.26 acres from Regional Commercial and Medium Density Residential to Office and 7.0 acres from Medium Density Residential to Open Space located at Valley View Road and Prairie Center Drive. ADOPTED by the City Council of the City of Eden Prairie this 4th day of August, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk .3 VALLEY VIEW BUSINESS CENTRE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT REVIEW OF VALLEY VIEW BUSINESS CENTRE FOR CSM CORPORATION WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Valley View Business Centre PUD Concept Review by CSM Corporation and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on August 4, 1998; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Valley View Business Centre, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated July 28, 1998. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 13, 1998. ADOPTED by the City Council of the City of Eden Prairie this 4th day of August, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Vram, City Clerk Exhibit A Valley View Business Centre Legal Description: .2~ROPOSED MEETS 8. BOUNDS LEGAL I That part of the Northeast Quorter of the Southeast Quarter of SectIon 10, Townshl p J J 6, Rang. 22, H"""pI n COU'Ity, "* ""'$ot12, d,scrl b"d 12$ roll O"SI I Beg nnI ng at the northeast corner of sal d Northeast Quarter of the southea t Quarter) thence North 89 de~s 42 "" nutes 15 seconds Vest, based on Geodetl c Nort, 01 on9 tM north II ne of the Southeast Quarter, a dI stance of 1309. 62 Feet to the west (I ne of the North Cost QUdrier of the Southeast Quarter) thence South 00 degrees 00 '" tes J J seconds Vest) a cI stance of 991. 97 Feet to the northerl y RI ght-oF-Vay 01' V II ey VI ew Rood) fh#nc. North 88 dc>gr •• s 09 '" nut'$ 05 $.cond$ Cast, a dJ $tanc. of 27 . 22 f",,-t} fMnce North 44 degrtn>s 02 "" nutes 45 Sf'conds East, a dI stanee of 50. 26 Fe tl thence North 88 degrees 09 "" nutes 05 seconds East, a dI stance of 70. 03 Feetl thftnce South 45 degrees 57 "I nutes 15 seconds East, a cI stance of 34. 80 feet) thence North 188 degrees 09 "" nut,s 05 seconds East, a til stonei' of J 03. 89 feet) thence northeasterl y. 0lon9 a tangt!f1tl 01 curve concave to the north"est havl ng a I net uded ang/ e of 19 deDrees 09 "" nutes 3:1 sf'conds, an arc I erJQth of 363. 13 ft'et, and a rodl us of 108::J. 92 leetl thence North 68 d.gr"1i 59 f'ti ,.M.d.1i 30 s.conds £alit, tQng~t to sal d curv., a dI s~nc. of 398. 30 Fellt) thnlCe northeasterl y along a tangentl 01 curve concave to the orthwest, havf ng Q I nel urh-d anQi e of 04 degrpps 06 "" nutps 50 seconds, an arc I ength of 77. 97 Feef, and a rod us of J 085. 92 Feet to the east I I ne of the NorthE'ost Quart of the Southeast Quart~J t~e Narth 00 degrees 04 f'tinuTes 57 seconds "es~ a{ said east II ne, a dI stoner of 713. 72 Fept to the pol nt of beg! nnI ng. PLANNING COMMISSION MINUTES July 13, 1998 Page 2 A. VALLEY VIEW BUSINESS CENTRE by CSM Corporation. Request for Comprehensive Guide Plan Change from medium Density Residential and Regional Commercial to Office on 7.26 acres, from medium Density Residential to Public Open space on 7 acres, and from medium Density Residential to Regional Commercial on 2.0 acres, Planned Unit Development concept Review on 27.2 acres, Planned Unit Development District Review on 27.2 acres, Rezoning from rural to 1-2 Industrial on 7.26 acres and from rural to commercial Regional service on 12.96 acres, site Plan Review on 27.2 acres, and Preliminary Plat of 27.2 acres into 2 lots and one outlot. Location: Valley View and Prairie Center Drive. David Carland, CSM Corporation, introduced Todd Moser with Home Depot and Gary Tushie, Tushie, Montgomery Architects. Carland reviewed the history of CSM Corporation and their developments throughout the metropolitan area. He described the process they used to find the best development for the site. He reviewed the plans they are proposing. They will create 7 acres of pennanent open space with this plan, which will be dedicated to the City of Eden Prairie. Mike Furland, Real Estate Manager for Home Depot reviewed the history of Home Depot and commented they find Eden Prairie an area they would like to serve. He stated they would hire between 175-200 people and most of these positions are full time jobs. He described their benefits for their employees which in turn benefit the community as a whole. They have tried to maintain buffers between the subject property and the adjacent residential properties. He discussed how deliveries to the store would be handled and their efforts to minimize traffic impacts. They have tried to minimize lighting impacts also. Habicht inquired when deliveries would be made and Furland responded their heaviest delivery days are Wednesdays and Thursdays to allow them to be well-stocked for the weekends. Gary Tushie, Tushie Montgomery Architects, reviewed the landscape plan and the site plan. He located the entrances to the site and described the traffic flow pattern on the site. The open space will be maintained much as it appears today and they have added some evergreen trees to screen the loading dock area and parking and building areas from the adjacent properties. He showed elevations for the Home Depot building and described the exterior building materials they propose to use. He showed perspective elevations from adjacent properties and illustrated how the site will be screened. Clinton commented he felt there was good screening for the building itself but he was concerned about the signage. Tushie responded they don't have any property adjacent to 1-494 and the signage will be on the building itself. Sandstad asked if they had tried to bring the trucking into the site so it was not so close to the residential property and Tushie responded they felt this was the best way to bring trucks into the site with the least amount of disruption to the neighborhood. If the trucks have to turn around they will make much more noise than simply backing in and driving out. PLANNING COMMISSION MINUTES July 13, 1998 Page 3 Sandstad asked about the height of the decorate fence that is proposed and Tushie responded it will be 6 feet in height. Carland stated the fence was requested by staff in response to concerns expressed at the neighborhood meeting. Franzen stated it was needed to separate public and private property in addition to increasing the screening between the townhomes and the development. Habicht asked when the garden center would be busy and Furland responded this garden center will be enclosed and will operate year round, though it's busiest time would be in the spring. Foote commented parking seems to be at a premium in Eden Prairie and he asked how the parking for this site compared to other stores in the metro area. Furland responded they have over 635 parking spaces compared to about 530 spaces at their other stores. Their business is spread throughout the day with the busiest times being in the evenings and on weekends. Franzen gave the staff report and noted staff recommended approval of Alternative #1 in the Staff Report. He noted the proponents have made the changes recommended by staff in their proposed plans. Dorn asked what the property was guided prior to 1991 and Franzen reviewed the guiding for the area. The Public Hearing was opened. Kevin Bloom, 7465 Scott Terrace, was concerned about the open space and if the City would take it over. Franzen responded it will be deeded to the City. Bloom asked Tushie to explain the grading adjacent to his property. Tushie noted there will be a retaining wall with a fence on top of it. There will be 14 foot trees planted along the property line. Franzen noted a landscape bond is required by the City for one full growing season to ensure survival of the plant materials. Bloom was concerned about the noise from the loading dock area and how that would be mitigated. Franzen commented that the proposed plan would generate less noise than the approved plan. This site plan has more buffering and greater setbacks than the approved plan. Bloom stated he would rather see the trees planted on the outside of the fence than the inside. Carland stated they will put the trees on both sides of the fence. Franzen stated that before the City will take possession of the area an assessment would be done by Engineers indicating how the area would be stabilized and reseeded to control future erosion. Irene Jopek, 13396 Zenith Lane, asked why the trucks were coming into the site in the area that is proposed. She would appreciate any way they could move it to another location. Carland noted they could bring the trucks into the buffer area and create a turnaround but that would significantly impact that area. Furland noted the trucks turning around make more noise than trucks just backing in would make. Louise Lupoc, 631 Highland Drive, St. Clair, Michigan, Owner of the Salon being built across the street, asked about the colors of metal and brick that will be used on the proposed building. She looked at the boards and Furland noted that the orange has been significantly reduced on this building. Louise discussed the guiding for the area on both the north and south sides of Valley View Road. Franzen reviewed the 1 PLANNING COMMISSION MINUTES July 13, 1998 Page 4 guiding for the area and described how it could be developed. Todd Mosher, Home Depot, stated the store will be more a medium brown tone rather than orange. Jim Ferra, 7335 Scott Terrace, asked if the traffic lights put up on Valley View Road in response to the Highway 5 construction would be permanent or temporary, and Franzen responded they will be temporary. A Minnetonka resident representing from Fellowship Church was concerned about the noise on Sunday mornings during their worship services, and whether there would be any loudspeakers outside the building. Furland responded there will not be any loudspeakers, but they use an intercom system within the building which does not impact surrounding areas. Nancy Bergland, 7435 Scott Terrace, was concerned regarding plans for the top of the hill. Foote stated it will be left to go wild and will not be maintained in any formal way by the City. Bergland inquired if the parkland could be sold off if the City decides it has too much park land. Franzen stated he had discussed the proposed dedication with Bob Lambert who informed him the City plans to leave it in it's natural state. Bergland was also concerned about runoff from the parking lots and pollution of the natural area. Franzen noted runoff would be channeled through the NURP ponds on the site and significantly filtered before it was released into the natural areas. Renee Dahlberg, 690 Big Hom Drive, Chanhassen, asked if the City would limit business hours or if this would be a 24-hour store. Furland stated this is not an area which would support a 24-hour store, and it will not be open 24 hours. David Ekblad, 7255 Girard Drive, was concerned about signage, lighting, and traffic from the development. Franzen stated that no signs will be located on the north, west, or east sides of the building, but all signs will be on the front of the building. Lighting will be restricted to twenty feet in height with a two foot candle radiance and low-wattage fixtures to reduce light spillover onto adjacent properties. Ekblad discussed ingress and egress to the site and the signals on Valley view Road. Franzen noted all signals are synchronized to allow traffic to move through the intersections from both directions. Sandstad commented he liked the proj ect and felt the preservation and buffering were excellent. He felt this was the best use for the site and supported the project. Dorn commented he had not heard anyone say they did not want this project in this location, and he felt it was a good project and would support it. Alexander concurred, and noted she particularly liked the open space. Habicht felt this was the best plan and an improvement over the approved plan. He believed the proponent had done a nice job in demonstrating why this plan was better, and he supported the project. Foote stated he felt the plan was a good one and the amount of open space in the project was excellent. He believed Eden Prairie was large enough to support both Menards and Home Depot. PLANNING COMMISSION MINUTES July 13, 1998 Page 5 MOTION: Clinton moved, seconded by Habicht, to close the Public Hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Habicht to recommend to the City Council approval of the request of Valley View Business Centre for Comprehensive Guide Plan Change from Medium Density Residential and Regional Commercial to Office on 7.26 acres, from Medium Density Residential to Public Open space on 7 acres, and from Medium Density Residential to Regional Commercial on 2.0 acres, Planned Unit Development Concept Review on 27.2 acres, Rezoning from Rural to 1-2 Industrial on 7.26 acres and from Rural to Commercial Regional Service on 12.96 acres, Site Plan Review on 27.2 acres, and Preliminary Plat of 27.2 acres into 2 lots and one outlot based on plans dated July 10, 1998 and subject to the recommendations of the Staff Report dated July 10, 1998. Motion carried 6-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner July 10, 1998 Valley View Business Center (Project No. 98-18) CSM Corporation Walter Carpenter Valley View Road and Prairie Center Drive, North of Valley View Road 1. Comprehensive Guide Plan Change From Medium Density Residential to Regional Commercial on 2 acres, from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres. 2. Planned Unit Development Concept Review on 27.2 acres. 3. Planned Unit Development District Review on 27.2 acres. 4. Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to 1-2 Industrial on 7.26 acres. 5. Site Plan Review on 27.2 acres. 6. Preliminary Plat of 27.2 acres into 2 lots and 1 outlots. /0 IS) 11'."-" (13\ ~ ~;; i' , I ~t· .ll.I.STJrt ~ 1ST I ~ (11 JIJN • IL: , a: I~:: flY Il) ®iJ~ I :::~ i §I • § ., "" ... .. ~ ~I 1 (1) ~©rQ)~ i ~ 1 ~-~ ~ ~ ~I • ~ d, ~ ~ -.. ~~ $ ;. ~'~ ';j ! ! 1u , I (IT, j Staff Report Valley View Business Center July 10, 1998 BACKGROUND: In 1991, the City approved the Carpenter North Planned Unit Development. The approved plan is an SO-unit apartment building, 37 multi-family units (townhouses), and 104,000 sf. of commercial. The PUD was amended in 1996 for the second phase grading. The approved land uses did not change. GUIDE PLAN CHANGE: The proposed guide plan change eliminates the apartment and multi-family housing. The amount of regional commercial is increased by 9,71S square feet. A one story, Sl,140 sf. office- showroom building is added. Reasons to consider the change are: 1. The change results in less traffic than the approved plan and commercial traffic does not go through a residential area. 2. The change preserves natural vegetation as a buffer to the residential areas to the north. 3. The change minimizes tree loss. 4. The change creates greater building setbacks to the residential areas to the north and west than the approved plan. 5. The change creates a transition to the residential areas to the west. PLANNED UNIT DEVELOPMENT CONCEPT: The concept plan shows a 113, 71S sf. Home Depot and an 81,140 sf. office -showroom building. PLANNED UNIT DEVELOPMENT WAIVERS: The project requires a waiver from the City code to increase the allowable permanent outdoor sales and display area from 6 -16% and a waiver to increase office use from 50% to 75%. Outdoor Display and Sales Area The City code limits permanent outdoor sales and display to 6% of the building area or 6,2S3 s.f .. 2 I~ Staff Report Valley View Business Center July 10, 1998 Home Depot has a 18,080 sf. garden area (16%). The garden area will be completely inclosed by a brick wall and iron fencing. This approach is similar to Walmart, Franks, and Bachmans. The City has previously approved waivers for permanent outdoor display for for Bachmans (100%), and Franks (100%). Both uses meet the current screening requirement and 20% base area ratio requirement for the main building. If the size and screening solution for the existing uses are acceptable, then consideration for a waiver for Home Depot would be reasonable. Increased Office Use A waiver is requested to increase the allowable office use from 50% to 75% for the one story office-showroom building. This waiver has been approved for all office showroom buildings. Reasons to grant the waiver are; the building meets office standards for building materials and landscaping, there is one loading area which is not visible from any residential area or public streets, and the project generates little or no traffic on the weekends. SITE PLAN HOME DEPOT: The site plan shows the construction of a 113,718 sf. Home Depot on 12.96 acres at a .20 base area ratio. The City Code permits up to a .20 base area ratio. The site plan meets building and parking setbacks. The site plan meets parking requirements. SITE PLAN OFFICE -SHOWROOM: The site plan shows the construction of an 81,140 sf. office-showroom building on 7.26 acres at a .26 base area ratio. The City Code permits up to a .30 base area ratio. The site plan meets building and parking setbacks. The site plan meets parking requirements. ARCHITECTURE: Both buildings meet the 75% face brick and glass requirement. Both buildings use similar colors and materials. Mechanical equipment is screened by parapet wall on both buildings. 3 13 Staff Report Valley View Business Center July 10, 1998 TREE LOSS: There are 1,359 caliper inches of existing trees on the property. Tree loss is calculated at 38% or 512 caliper inches. This includes 475 inches of tree loss from the 1991 approved grading plan. Tree replacement is 275 inches. LANDSCAPE PLAN HOME DEPOT: The landscape plan meets the caliper inch and tree replacement requirements. Parking is screened by plantings. The loading area is screened from the residential areas to the north by existing vegetation, new plantings and a fence. The Home Depot site is adjacent to residential areas to the north and west. The City code requires a transition where there are differences in land use. Transition can be distance, berming, fencing, landscaping or any combination. The transition plan is a combination of distance, fencing, existing vegetation, and new plantings. LANDSCAPE PLAN OFFICE SHOWROOM: The landscape plan meets the caliper inch requirement. Parking is screened by plant material. The loading area is screened by a brick wall. TRAFFIC: The guide plan would generate 8,009 daily trips and 654 peak hour trips. The guide plan change will generate 4,975 daily trips and 479 peak hour trips. Prairie Center Drive was designed based on traffic generated by the guide plan and no road improvements are required. Hennepin County is requiring turn lanes into the site. These are shown on the site plan. DRAINAGE: Storm water drains to two NURP ponds adjacent to Valley View Road. LIGHTING: Lighting in the back of Home Depot will be limited to 20 feet in height and a two-foot candle rating. Light levels would be similar to Rainbow Foods. All fixtures shall be shielded to prevent off-site glare. 4 Staff Report Valley View Business Center July 10, 1998 STAFF RECOMMENDATIONS: Alternative One: If the Planning Commission feels there are compelling reasons to change the guide plan then one option would be to recommend approval of the Guide Plan Change From Medium Density Residential and Regional Commercial to Office and from Medium Density Residential to Regional Commercial and Open Space; Planned Unit Development Concept Review; Planned Unit Development District Review; Zoning District Change from Rural to Commercial Regional Service and 1-2 Industrial; Site Plan Review; and Preliminary Plat, based on plans dated July 10, 1998 and subject to the recommendations of the staff report dated July 10, 1998, and subject to the following conditions: 1. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 2. Prior to Building Pennit issuance, the proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit a landscaping and screening bond for review. 4. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 3. The following waiver from the City code is granted as part of the Planned Unit Development District Review in the Commercial Regional Service Zoning District: A. Increase in permanent outdoor sales and display from 6-16 %. 4. The following waiver from the City code is granted as part of the Planned Unit 5 Staff Report Valley View Business Center July 10, 1998 Development District review in the 1-2 Industrial Zoning District: A. Increase in allowable office use from 50% to 75%. AlternativeTwo: If the Planning Commission feels there are compelling reasons to change the guide plan, but feel that the plan should be changed to reduce the amount of outdoor display to meet City code and improve the transition to the north and west, then one option would be to continue the project until the August 10, 1998 meeting. AlternativeThree: If the Planning Commission feels there are no compelling reasons to change the guide plan then one option would be to recommend denial for the following reasons: 1. The project requires a waiver for outdoor display and increased office use. 2. There is an inadequate transition to the residential areas to the north and west as required by City Code. Staff recommendation Alternative One 6 110 ~ 16,l;QO.O .. . Commercial S,Jll)O '; (.~ '.000 S.f'. ·~Co.mmercial :--. , 17 \ ""~ ---- RC 1 • I 30, 00'tT' 'Commercia I I " I ... ····1 ...... ;),~ ,;.;x;,:l:;;ji::,,:~~~~~;::C~~~~ ;~~ p;~~:; ID'~ A,,1\] Attachment A li .U1~,,:, L)~ \1 DATE ___ --- . . . .. ~ ~ , <...'1111.,:, UI)IiCIl ,l)lll ,I her ,\l1CIIITIl. "I(~ 7-1J.\¥·91 17-V .. t-'IREV ll ...... U-91Rf' .. l6-.ue·91 RH CARPENTER. NORTH PUD SITE PlAN EXlilBIT S .. '-.-~.----. .... 000 XX.X '" April 30, 1997 ATTN:Mr. Jeff Johnson City Offices 8080 Mitchell Rd Eden Prairie, MN 55344-4485 RE:Carpenter North Grading, Phase II Dear Mr. Johnson, I would like to take this opportunity to thank you for your prompt attention to our neighborhood concerns of impending damage to our property and safety of children which resulted in an speedy halt to the grading of the hill so near our terrace walls. I was disappointed that after I had rearranged appointments and made arrangements to take offwork to attend a meeting you scheduled with all parties I was the only one there and the meeting had been rescheduled for an earlier time. I do very much appreciate, however, that when I called you did take the time to come and meet me and another neighbor and explain that the hill was restored. As you know, per our conversation, I still have many reservations as to the stability ofthe hill as so much grading was done at the baseline of the hill and into the hill and that the intensity of that grading put a great deal of stress on our terrace walls. Your assurances that the hill is stable and that no more grading will be done in the restored black dirt area of the hill is reassuring. After visiting with you I feel very confident that you will oversee this project a!ld that you have cleared up Mr. Carpenter's confusion so that no further grading will be done in the hill area where the black dirt is and that money is appropriated for this area for planting and seeding to avoid erosion of this new earth. We both agreed that soil erosion was a large problem in the past grading of this property. As to the stability of the willow tree. I cannot in good conscience say cut down any tree. Mr. Carpenter says he is a tree expert. He will have to decide if this grading has weakened this tree to the extent that it is a hazard and has to be removed. As we discussed, some of the root system of this tree was exposed with the grading and I do feel that the tree should at least be pruned until the root system stabilizes, preferably the branches which are over my property. My only request is that I would be informed if and/or when any cutting would be done as this tree is so close to my property. I know we were upset when we meet yesterday, and, even though it may not have seemed so, your professionalism and concern by coming out and taking your time to explain the process to us and especially stopping the grading and potential damage to our property did matter, and is very much appreciated. Our discontent is at the process, not you. A communities greatest asset is it's environment It seems no one stops to care about the devastation being done to the environment around us in the name of progress or cares about all the people who are greatly affected by these changes. We are left here to daily watch, and listen to, and feel the process of grading away and chopping and grinding into little chips all the reasons we choose to live here. Instead of looking at the beautiful hills & trees God blessed us all with for so many years homes now overlook the traffic on Valley View Rd. We no longer see the birds or hear their songs as they have left, the environment here is so altered, their homes are gone, now we hear the constant roar of the traffic from the Highways. Hopefully, in time, we will all be able to adjust to living in this new man made environment. Sincerely Nancy Berg 7435 Scot Terrace Eden Prairie, MN 55346-3228 cc:Dr. Jean Harris, Mayor Eden Prairie July 14,1998 City Offices ATTN: Community Development Department 8080 Mitchell Rd Eden Prairie, MN 55344-4485 RE: Valley View Business Center (Project # 98-18) To Whom it May Concern: I apologize for not addressing the issue below at the planning commission meeting July 13, 1998. I did not realize that the city had officially accepted the proposal to have the open spaces deeded to them until late in the meeting. I do not know when this happened. I do not know what part of the agenda this agreement was covered under, so I was not prepared to address this concern. This outlot parcel of land was inquired about by myself and others at both the open house held by CSM and the planning commission meeting and it's use has not been addressed. Per Mr Franzen's direction, I request that the parks department present a proposed use plan for residents to review for the open land that is to be deeded to them in this agreement. The City's Park Departments proposed use for this land should be a part of the record prior to approval of these plans. Right now this is a very vague area and we need clarification on this land use as it abuts all of our homes. Also a personal question. Just prior to the planning commission meeting one of the Home Depot architects, a nice young man, stopped by my home to view the terrace walls: I visited with him at this time about the willow tree which stands above my property on this land. This willow was a concern last year after the root system was cut (see attached letter) and now part of the tree is dying. He said Home Depot would be happy to address the tree but the city has set a removal of tree limit and I would have to contact the city. The dead willow branches are a hazard to my home and someone should at least take care of them. I have no idea who to contact about this now, so, I am again asking that someone address this tree. Either this tree should be pruned or removed. This tree was also a concern ofMr Johnson's last year when he was at the property. Last years root damage is this years dying tree. It would be nice if Home Depot were to use some of the excess replacement trees they spoke of in the July 13 th meeting to replace the trees that Mr Carpenter removed last year on the down side of the hill. This would help stop some erosion and filter the view and noise for my new neighbors. Both sides of the twin home next to me sold after those large evergreen trees were removed last year. Fall came and they were left with the view and noise of traffic on Valley View Road. The new neighbors dont realize this yet. S~t 6-v; Nancy L Berg 7435 Scot Terrace Eden Prairie, MN 55346-3228 cc: CSM Corporation 2575 University Ave Suite 150 St Paul MN 55114-1024 19 To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Bob Lambert, Director of Parks, Recreation and Natural Resources .~ Stuart A. Fox, Manager of Parks and Natural Resources July 15, 1998 Supplemental Staff Report to the July 10, 1998 Staff Report by City Planner for Valley View Business Center This proposed project is north ofthe comer of Valley View Road and Prairie Center Drive. Previous Planned Unit Developments were approved in 1991 and 1996. The previous plans included an apartment building, townhouses, and commercial development. The proposal is to change the Guide Plan on this site to Regional/Commercial and Office. NATURAL RESOURCE ISSUES: Tree Loss/Landscaping There are 1,359 diameter inches of trees on this property. The tree loss is calculated at 512 diameter inches of trees, which results in a 38% loss of significant trees as defined by City Code. The majority ofthis tree loss is from the 1991 approved grading plan. Mitigation for this tree lo~s is calculated at 275 caliper inches oflandscaping material. The landscaping plan represents a total of 1,240 caliper inches of tree planting. It is a mix of coniferous and deciduous trees along with some ornamental shrub and perennial plantings. The proposed planting does meet City Code requirements for landscaping screening. The majority of planting will be on the perimeter of the site for screening of parking areas and adjacent properties, including the City parkland. Additional plantings will take place on the parking lot islands and on the south end of Outlot A. NURPPond Three ponds are proposed to handle the storm water runoff from this site. These ponds are adjacent to Valley View Road and would collect storm water runoff prior to discharge into the storm water system in Valley View Road. Each of these ponds would have to be approved by the City Engineering Department and Watershed District prior to construction. Open Space/Lot A The developer is proposing to gift Outlot A to the City for use as parkland. This open space area will provide a buffer to the single family homes north of the proposed development. The open space also connects with land currently owned by the City; namely, Willow Park. Sidewalks/Trails Currently, there is a five foot concrete sidewalk along Valley View Road. This project will impact that trail at the two entrys and staff is recommending that the appropriate curb cuts and repairs be done to the sidewalk at the time of construction. RECOMMENDATION: This project was reviewed at the July l3, 1998 Planning Staff meeting and was approved as per staff recommendations of the July 10, 1998 staff report on a 6-0 vote. Staff would recommend approval of this project based on the information contained in the July 10 staff report and information in this supplemental staff report. SAF:mdd VVBusinessiStuart98 UNAPPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, JULY 20,1998 COMMISSION MEMBERS: COMMISSION STAFF: I. ROLLCALL 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS Richard Brown, Chair, Frantz Comeille, Claire Hilgeman, Don Jacobson, Vicki Koenig, Glenn Stolar, John Wilson Robert A. Lambert, Director of Parks, Recreation and Natural Resources, Stuart A. Fox, Manager of Parks and Natural Resources, Laurie Helling, Manager of Recreation Services, and Barbara Anderson, City Recorder Chair Brown called the meeting to order at 7:00 p.m. John Wilson was absent. II. APPROVAL OF AGENDA MOTION: Koenig moved, seconded by Jacobson, to approve the Agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES -JULY 6,1998 Koenig noted a change on page 2 regarding her comment regarding Marks Amoco which has a history of supporting the City programs "in many large and small ways." Stolar noted that on page 6 he wished the minutes to reflect that the fees for residents were increased at a greater rate than those for non-residents and they should make the increases more equal in the future. MOTION: Jacobson moved, seconded by Stolar, to approve the July 6, 1998 Minutes of the Parks, Recreation and Natural Resources Commission as amended. Motion carried 4-0-2. Hilgeman ~nd Comeille abstained. IV. PETITIONS. REOUESTS AND COMMUNICATIONS V. DEVELOPMENT PROPOSALS A. valley View Business Center Jeff Brady, Tushie Montgomery Architects, representing CSM and Home Depot reviewed the plans for the development. He discussed the access to the site and the parking and traffic flow issues. He reviewed the drainage plan and the landscape plans. He discussed the Park Dedication and the NURP ponds which will be constructed on the site. The tree loss and replacement was addressed in the landscape plan. The screening from adjacent properties was discussed, and the proponent intends to add additional trees and the privacy fence between the proposed development and the adjacent residential property. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES July 20, 1998 Page 2 Lambert reviewed the· staff report and noted that the tree loss has been well addressed by the proponent. There will be three NURP ponds on the site and an existing sidewalk along Valley view Road must be kept open during construction. There is a large outlot which will be dedicated to the . City and there will also be a cash park fee paid. The Planning Commission approved this plan on July 16, 1998 and staff recommended approval. Koenig asked why the trees need to be removed on the north side of the building and Bradley responded they need to excavate in order to construct the retaining wall. This was necessary because of the topography on the site. If they did not use a retaining wall it would require more tree loss and excavation to slope the grade to meet the building. Koenig discussed the landscape plan and asked if the proponent had considered replacing the oak trees that were being lost. Bradley responded that oak trees grow very slowly and they had not intended to use them in the landscape plan. Brown asked about the trees that will be planted to screen the house on top of the hill and Bradley reviewed the plantings which will be used in that area. Koenig asked if the proponent has to mitigate for the wetland that was filled and Lambert responded that it was done but he did not recall what was replaced exactly, but it seemed to him that it was located in Carver County somewhere. Discussion ensued regarding the outlot and what was City property in this area. Lambert noted that this dedication will extend Willow Park and will be connected to it. The City has no immediate plans to develop the outlot except to correct the erosion after the landscaping is installed. Nancy Berg requested that the Parks Department present a plan for this property. Lambert stated that no plan has been developed as yet and there is not one in the foreseeable future. It will be a natural area for the residents and wildlife to use. If that use is ever proposed to be changed, the City would notify neighbors and request their input. The erosion control requirement should be included in the motion as it was not contained in the staff report. MOTION :Comeille moved, seconded by Jacobson, to recommend approval of the request of CSM Corporation and Home Depot for this project based on the staff report and including the stipulation that erosion mitigation measures be implemented where needed. Motion carried 6-0. VI. OLD BUSINESS A. Updated Fiye Year Capital Improvement Plan B. Prioritizin& Projects for 1999 C. Recommendation to Approye Proposed Projects for 1999 Lambert commented that all three of these items are connected together, and need to be approved this year in order to complete plans and specifications to bid this project early next year. Lambert reviewed each project and discussed each one. Stolar asked if they will review these again after the studies are done. Lambert responded these will be engineering and landscape plans which will delineate the costs based on the design proposed. The Parks and Recreation Commission will review the proposed plans, after final cost estimates and make a recommendation on each project to the City Council. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 08/04/98 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 65205 TO 65727 Action/Direction: Approve Payment of Claims I COUNCIL CHECK SUMMARY 28-JUL-1998 (11:39) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A LEGISLATIVE LEGAL COUNSEL GENERAL SERVICES EMPLOYEE BENEFITS INFORMATION TECHNOLOGY CITY MANAGER FINANCE HUMAN RESOURCES INFORMATION HUMAN SERV ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL STREETS/TRAFFIC PARK MAINTENANCE STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER BEACHES HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS EMPLOYEE PAYROLL DEDUCTIONS CITY CENTER SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS TRUST FUNDS WATER DEPT SEWER DEPT STORM DRAINAGE EQUIPMENT $11,042.16 $685.19 $4,495.45 $7,362.43 $686.32 $1,239.70 $18.98 $3,734.00 $810.13 $2,290.95 $15,584.25 $5,011. 05 $1,243.36 $12,963.38 $26,637.71 $31.40 $20,191.75 $266,909.33 $1,681.50 $29,079.96 $13,218.35 $16.45 $20,730.41 $10,849.11 $187.50 $36,866.12 $24.54 $1,350.00 $10,862.31 $3,582.49 $119.96 $449.71 $64.99 $916.18 $1,153.13 $296,830.69 $2,250.00 $260,245.75 $6,749.76 $24.97 $6,873.00 $69,130.41 $73,776.79 $127,179.53 $118,000.00 $129,873.65 $204,600.27 $30,277.97 $71.05 $1,837,974.09* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $1,661.47 $24.54 $17.12 $176.80 $6.00 $47.75 $308.85 $22.37 $200.00 $200.00 $19.50 $29,151.33 $27.00 $25.50 $17.00 $12.55 $159.91 $23.00 $905.25 $18.25 $494.10 $1,575.05 $1,343.40 $10,605.55 $146.00 $10,565.16 $6,045.10 $5,079.60 $435.40 $88.85 $3,569.63 $4,661. 09 $5,285.47 $8,897.75 $148.30 $637.00 $3,391. 56 $81. 25 $159.91 $11,548.28 $1,157.78 $327.75 $10,396.53 $922.71 $186.83 VENDOR BECKER ARENA PRODUCTS INC BLY, ERIC BRODIN, JACKIE CORDES, JEFFREY DECKER, JODI DENNEHY, KELLIE DISPLAY SALES EMASLIE, KATHLEEN EP FOXJETS FEDERAL CARTRIDGE GAIDA, LINDSEY HEALTHPARTNERS HENRIKSEN, JANET HUANG, QING KLINGSPOR, CLAUDIA OLSON, COURTNEY PETTY CASH RING, SARAH SOUTHWEST LAWN MAINTENANCE INC 28-JUL-1998 (11:38) DESCRIPTION REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES LESSONS/CLASSES MILEAGE AND PARKING LESSONS/CLASSES LESSONS/CLASSES REPAIR & MAINT SUPPLIES LESSONS/CLASSES STARING LAKE BUILDING RENTAL SCHOOLS MILEAGE AND PARKING COBRA COSTS/REV LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES OPERATING SUPPLIES-GENERAL LICENSES & TAXES LESSONS/CLASSES CONTRACTED REPAIR & MAINT WACH, CAROL LESSONS/CLASSES DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII PAUSTIS & SONS COMPANY PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AAA LAMBERTS LANDSCAPE PRODUCT AMERICAN WATER WORKS ASSOCIATI BACONS ELECTRIC COMPANY BERNE SCALE BILL CLARK OIL CO INC CUTLER-MAGNER COMPANY DYNA SYSTEMS ELK RIVER CONCRETE PRODUCTS ESS BROTHERS & SONS INC* EULL'S MANUFACTURING CO INC G & K SERVICES-MPLS INDUSTRIAL BEER 6/12 TRANSPORTATION BEER 6/12 TRANSPORTATION TRANSPORTATION WINE DOMESTIC BEER 6/12 DISCOUNTS MISC TAXABLE TRANSPORTATION TRANSPORTATION WINE DOMESTIC BEER 6/12 LANDSCAPE MTLS & AG SUPPL TRAINING SUPPLIES CONTRACTED EQUIP REPAIR CONTRACTED EQUIP REPAIR REPAIR & MAINT SUPPLIES CHEMICALS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES CLEANING SUPPLIES 65205 65206 65207 65208 65209 65210 65211 65212 65213 65214 65215 65216 65217 65218 65219 65220 65221 65222 65223 65224 65225 65226 65227 65228 65229 65230 65231 65234 65235 65236 65237 65238 65240 65242 65243 65244 65245 65246 65247 65248 65249 65250 65251 65252 65253 65254 65255 65256 65257 65258 65259 65260 65261 65262 65263 $311.39 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES $119.00 $1,030.00 $290.50 $379.10 $704.68 $52.67 $871. 48 $77.04 $4,907.89 GOPHER STATE ONE-CALL INC GUNNAR ELECTRIC CO INC HACH COMPANY HONEYWELL INC LAB SAFETY SUPPLY INC LESCO INC MENARDS MINNCOMM PAGING NORTHERN WATER WORKS SUPPLY IN OTHER CONTRACTED SERVICES IMPROVEMENT CONTRACTS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL PROTECTIVE CLOTHING REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL COMMUNICATIONS EQUIPMENT PARTS PROGRAM ICE ARENA ROUND LAKE MARINA OAK POINT LESSONS TREE DISEASE POOL LESSONS POOL LESSONS FIRE STATION #3 OAK POINT LESSONS PARK FACILITIES POLICE TEEN WORK PROGRAM BENEFITS ICE ARENA POOL LESSONS POOL LESSONS AFTERNOON ADVENTURE HUMAN RESOURCES POOL LESSONS WATER SYSTEM MAINTENANCE POOL LESSONS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 STORM DRAINAGE WATER SYSTEM MAINTENANCE WATER WELL #1 WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT STORM DRAINAGE STORM DRAINAGE STORM DRAINAGE WATER TREATMENT PLANT WATER UTILITY-GENERAL SEWER SYSTEM MAINTENANCE 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE WATER SYSTEM MAINTENANCE SEWER SYSTEM MAINTENANCE WATER UTILITY-GENERAL WATER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 65264 65265 65266 65267 65268 65269 65270 65271 65272 65273 65274 65275 65276 65277 65278 65279 65280 65281 65282 65283 65284 65285 65286 65287 65288 65289 65290 65291 65292 65293 65294 65296 65297 65298 65299 65300 65301 65302 65303 65305 65306 65307 65308 65309 65310 65311 65312 65313 65314 65315 65316 65317 65318 65319 65320 $6,629.86 $7.98 $24.22 $32.75 $181.08 $649.65 $783.73 $1,408.51 $1,743.00 $3,538.58 $889.93 $206.80 $1,313.55 $434.55 $365.99 $3,608.95 $324.00 $6.35 $271.15 $400.95 $91. 59 $32.92 $1,229.45 $25.00 $118.00 $1,212.37 $518.98 $119.96 $24.11 $8,416.25 $7,489.09 $306.85 $1,974.30 $5,055.65 $10,001.02 $5,415.86 $649.30 $2,436.28 $6,050.14 $258.56 $48.90 $5,308.00 $1,267.05 $523.86 $78.43 $40.00 $264,000.00 $1,887.00 $46,530.00 $95.00 $69.00 $5,006.40 $41.14 $300.00 $104.00 VENDOR PARROTT CONTRACTING INC PRAIRIE LAWN AND GARDEN SAVOIE SUPPLY CO INC SNAP-ON TOOLS SOUTHWEST CONTRACTORS SUPPLY VAN WATERS & ROGERS INC W W GRAINGER INC BELLBOY CORPORATION DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY JOHNSON BROTHERS LIQUOR CO JORDAN BEVERAGE INC MARK VII MIDWEST COCA COLA BOTTLING COM QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WORLD CLASS WINES INC AT&T (KC) AT&T CARLSON, DANIEL FLOYD TOTAL SECURITY GALLES, DONALD JST REALTY MAINLINE CRUISE AND TRAVEL MINNESOTA REAL ESTATE JOURNAL POSTMASTER REBS MARKETING SENIOR CENTER TREASURY SUBURBAN PROPANE JOHNSON BROTHERS LIQUOR CO PHILLIPS WINE AND SPIRTS INC DAHLHEIMER DISTRIBUTING COMPAN EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO A TO Z RENTAL CENTER AMERIPRIDE LINEN & APPAREL SER JASON-NORTHCO L.P. #1 LAKE REGION VENDING NORTH STAR ICE SUPERIOR PRODUCTS MFG CO WINE SPECTATOR EDEN PRAIRIE VOLUNTEER FIRE RE GLEN LAKE GOLF/PRACTICE CENTER METROPOLITAN COUNCIL ENVIRONME MICROBILT CORPORATION MINNESOTA REAL ESTATE JOURNAL MINNESOTA STATE TREASURER QUIET SPORTS OUTFITTERS ROBICHONS THE IN-LINE SKATE SC SCIENCE MUSEUM OF MINNESOTA 28-JUL-1998 (11:38) DESCRIPTION CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL CLEANING SUPPLIES SMALL TOOLS EQUIPMENT PARTS CHEMICALS REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS BEER 6/12 BEER 6/12 TRANSPORTATION BEER 6/12 BEER 6/12 MISC TAXABLE DISCOUNTS BEER 6/12 DISCOUNTS TELEPHONE TELEPHONE CONFERENCE CONTRACTED REPAIR & MAINT ACCTS REC-CUSTOMER MISCELLANEOUS CITY BUILDING RENTAL OPERATING SUPPLIES-GENERAL POSTAGE OTHER CONTRACTED SERVICES SR CITIZENS/ADULT PROG FEES OPERATING SUPPLIES-GENERAL TRANSPORTATION TRANSPORTATION BEER 6/12 TRANSPORTATION BEER 6/12 TOBACCO PRODUCTS TRANSPORTATION TRANSPORTATION TRANSPORTATION DISCOUNTS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS MISC TAXABLE TRANSPORTATION DUES & SUBSCRIPTIONS PENSION PLANS OTHER CONTRACTED SERVICES DUE TO OTHER GOVNT UNITS CONTRACTED COMM MAINT OPERATING SUPPLIES-GENERAL BLDG SURCHARGES' EQUIPMENT RENTAL SPECIAL EVENTS FEES SPECIAL EVENTS FEES PROGRAM WATER SYSTEM MAINTENANCE WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS WATER TREATMENT PLANT GENERAL POLICE CUMMINS/GRILL WATER DEPT TH212/SHADY OAK/FLYING CLOUD CITY CENTER OPERATING COSTS ASSESSING-ADMIN WATER ACCOUNTING WATER ACCOUNTING SENIOR CENTER PROGRAM WATER UTILITY-GENERAL LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAlRE VIEW LIQUOR #3 FIRE SUMMER SKILL DEVELOP SAC AGENCY FUND POLICE ASSESSING-ADMIN BUILDING SURCHARGE OUTDOOR CTR PROGRAM SOFTBALL TEEN WORK PROGRAM COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 65321 65322 65323 65324 65325 65326 65327 65328 65329 65330 65331 65332 65333 65334 65335 65336 65337 65338 65339 65340 65341 65342 65343 65344 65345 65346 65347 65348 65349 65350 65351 65352 65353 65354 65355 65356 65357 65358 65359 65360 65361 65362 65363 65364 65365 65366 65367 65368 65369 65370 65371 65372 65373 65374 65375 $75.00 $227,314.23 $47.50 $45.00 $77.00 $27.00 $45.00 $70.00 $62.50 $11.00 $63.75 $30.00 $200.00 $62.78 $65.63 $80.17 $52.81 $200.00 $58.05 $53.75 $53.75 $37.00 $86.88 $27.00 $85.00 $86.25 $44.55 $58.05 $78.13 $70,290.00 $50.00 $54.38 $42.50 $43.20 $47.50 $48.75 $6.00 $4,317.34 $200.00 $63.75 $61.56 $160.00 $28.00 $7.00 $120.00 $89.38 $73.75 $38.75 $45.00 $73.75 $650.00 $56.25 $88.00 $74.00 $1,570.08 VENDOR SENSIBLE LAND USE COALITION SOUTHWEST METRO TRANSIT BARGMANN, MIKE BENNETT, SUZANNE BONK, SARA CAMERON, ERIC CAMP, PAT COPELAND, BRIAN CRAMPTON, KEVIN DON'S SVC OF GOLDEN VALLEY DONABAUER, LUKE DOOR, ROBBY EDINA REALTY TITLE ELFSTROM, JOJO FINNEY, NICK GAIDA, LINDSEY GAYTHER, JAMES GE CAPITAL GRAY, AARON HIPP, JOHN HOLLINGER, KATIE HUNT, SHERYL KAMPHOFF, KATIE KEHRWALD, STACY KINGHORN, KATHY KURZEKA, MEGAN LEWIS, JASMINE LUSIAN, WALLY MADSON, CHRISTINE METROPOLITAN COUNCIL ENVIRONME MOLINE, ASHLEY MONSON, MEGAN MORAN, LAURA O'BRIEN, PAT PETERSEN, ERICA PHAN, MARIA PIERSA, DE DE PRUDENTIAL HEALTHCARE GROUP QUALITY DATA SYSTEMS RAHIMI, OMEED ROEGLIN, ALISON ROEPKE, DEANNE ROY, BARB SAMUELSON, MARYA STATE OF MINNESOTA STRICHARCHUK, NICK SWANK, ANNA-LISA TAYLOR, ROBERT THUL, STEVEN TIBEBU, SARA TYRA-LUKENS, NANCY WATERSTREET, KYLE WEESE, REBECCA WOLFE, CINDY BELLBOY CORPORATION 28-JUL-1998 (11:38) TRAVEL HACA DESCRIPTION OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CASH OVER/SHORT OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES FACILITIES RENTAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES SPECIAL EVENTS FEES OTHER CONTRACTED SERVICES HOMEWARD HILLS BLDG RENTAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES DUE TO OTHER GOVNT UNITS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG LIFE INSURANCE EMPLOYERS STARING LAKE BUILDING RENTAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LICENSES & TAXES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES TRAVEL OTHER CONTRACTED SERVICES SPECIAL EVENTS FEES ADULT/YOUTH/OUTDOOR CTR PROG TOBACCO PRODUCTS PROGRAM IN SERVICE TRAINING FD 10 ORG TEEN WORK PROGRAM YOUTH ATHLETICS SPORTS/SPECIAL CAMPS TEEN WORK PROGRAM YOUTH ATHLETICS TEEN WORK PROGRAM TEEN WORK PROGRAM FD 10 ORG TEEN WORK PROGRAM TEEN WORK PROGRAM OUTDOOR CTR PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM PARK FACILITIES TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM SUMMER SKILL DEVELOP TEEN WORK PROGRAM AFTERNOON ADVENTURE OUTDOOR CTR PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM SAC AGENCY FUND TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM YOUTH TENNIS FD 10 ORG PARK FACILITIES TEEN WORK PROGRAM TEEN WORK PROGRAM DAY CAMP SUMMER SKILL DEVELOP SPECIAL EVENTS/TRIPS WATER UTILITY-GENERAL TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM YOUTH ATHLETICS TEEN WORK PROGRAM COUNCIL TEEN WORK PROGRAM TEEN WORK PROGRAM SUMMER SKILL DEVELOP LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER 28-JUL-1998 (11:38) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 65377 65378 65379 65380 65382 65384 65385 65386 65387 65389 65390 65391 65392 65393 65394 65395 65396 65397 65398 65399 65400 65401 65402 65403 65404 65405 65407 65408 65409 65410 65411 65412 65413 65414 65415 65416 65417 65418 65419 65420 65421 65422 65423 65424 65425 65426 65427 65428 65429 65430 65433 65434 65435 65436 65437 $896.90 $12,345.22 $1,671.60 $3,632.84 $2,458.48 $6,771.51 DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII BEER 6/12 BEER 6/12 BEER 6/12 TRANSPORTATION TRANSPORTATION BEER 6/12 $202.75 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE $59.15 PEPSI COLA COMPANY $1,484.42 PHILLIPS WINE AND SPIRTS INC $853.04 QUALITY WINE & SPIRTS CO $17,653.60 THORPE DISTRIBUTING MISC TAXABLE WINE IMPORTED DISCOUNTS BEER 6/12 $1,028.52 WORLD CLASS WINES INC DISCOUNTS $164.76 AMERIPRIDE LINEN & APPAREL SER REPAIR & MAINT SUPPLIES $2,069.00 DAY DISTRIBUTING BEER 6/12 $439.96 $4,429.80 $252.73 $217.25 $40.00 $707.28 $72.90 $13,373.12 $7,281.10 $471.54 $40.00 $1,271.05 $45.00 $600.00 $25.50 $15.00 $4.25 $29.00 $59.00 $80.00 $3,731. 00 $120.00 $42.00 $40.00 $29.00 $59.00 $120.00 $40.00 $11.50 $9.00 $9,262.74 $20.00 $195.00 $5,814.43 $80.00 $46,382.44 $590.00 $120.00 $16.00 $29.54 $35.00 GRAPE BEGINNINGS JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING TRANSPORTATION TRANSPORTATION TOBACCO PRODUCTS MIDWEST COCA COLA BOTTLING COM MISC TAXABLE MINNESOTA MUNICIPAL BEVERAGE A TRAVEL NORTH STAR ICE PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC THORPE DISTRIBUTING WINE COMPANY, THE CUNNINGHAM, STEVE AMERICAN PAGING OF MN BICKFORD, TAWNDA BOSACKER, MIKE BROUTIN, MARILYN BROWN, LAUREN BURGER, BARB DITTY, PEG ERMER, JULIE FISCHER, MAUREEN FRANE, JOHN FRIMPONG, AMY GABBERT, BARB HART, MARY HEIMKES, CAROL KNELLER, SHARON KRUG MOJSILOV INDOOR/OUTDOOR KUYAVA, CHARLES LARSON, DEBBI MANDERFELD, LINDA MISC TAXABLE MISC TAXABLE TRANSPORTATION BEER 6/12 BEER 6/12 ADULT/YOUTH/OUTDOOR CTR PROG COMMUNICATIONS ADULT/YOUTH/OUTDOOR CTR PROG SCHOOLS LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES MASSACHUSETTS MUTUAL LIFE INSU REPAIR & MAINT SUPPLIES MCGREEHAN, DIANA MINNESOTA CLE MINNESOTA STATE TREASURER NOBLE, RANAE NORTHERN STATES POWER CO NORTHERN STATES POWER CO. OLOFSDOTTER, MARIE OpDAHL, MATTHEW RASMUSSEN, LISA ROTSCHAFER, LINDA ADULT/YOUTH/OUTDOOR CTR PROG SCHOOLS BLDG SURCHARGES ADULT/YOUTH/OUTDOOR CTR PROG ELECTRIC CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES LESSONS/CLASSES OPERATING SUPPLIES-GENERAL LESSONS/CLASSES PROGRAM LIQUOR STORE CUB FOODS PRAlRE VIEW LIQUOR #3 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 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 OUTDOOR CTR PROGRAM SEWER UTILITY-GENERAL YOUTH ATHLETICS POLICE OAK POINT LESSONS POOL LESSONS POOL LESSONS POOL LESSONS SUMMER SKILL DEVELOP SPORTS/SPECIAL CAMPS FINANCE DEPT SUMMER SKILL DEVELOP YOUTH ATHLETICS SUMMER SKILL DEVELOP POOL LESSONS SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP OUTDOOR CTR PROGRAM POOL LESSONS POOL LESSONS PRAIRE VIEW LIQUOR #3 OUTDOOR CTR PROGRAM POLICE BUILDING SURCHARGE SPORTS/SPECIAL CAMPS STORMWATER LIFTSTATION PARK MAINTENANCE SUMMER SKILL DEVELOP POOL LESSONS YOUTH TENNIS POOL LESSONS COUNCIL CHECK REGISTER 28-JUL-1998 (11:38) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 65438 65439 65440 65441 65442 65443 65444 65445 65446 65447 65448 65449 65450 65452 65453 65455 65456 65457 65460 65461 65462 65463 65464 65465 65466 65467 65468 65469 65470 65471 65472 65473 65474 65475 65476 65477 65478 65479 65480 65481 65482 65483 65484 65485 65486 65487 65488 65489 65490 65491 65492 65493 65494 65495 65497 $175.00 $20.00 $16.00 $20.00 $5,000.00 $20.33 $314.95 $5,631.97 $170.00 $837.25 $1,542.50 $13,523.11 $13,773.49 $6,118.21 $690.25 $2,874.46 $1,839.14 $5,190.34 $395.76 $20.18 STENSGAARD, STEVE STEPHENS, SHARON SWANSON, REBECCA TEPHORSI, TARA TRANSPORTATION, COMMISSIONER 0 UNDESTAD, SUE US WEST COMMUNICATIONS US WEST COMMUNICATIONS AWARDS ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG BLDG RENTAL ADULT/YOUTH/OUTDOOR CTR PROG TELEPHONE TELEPHONE USTA OPERATING SUPPLIES-GENERAL DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO A TO Z RENTAL CENTER A U S COMMUNICATIONS INC WINE IMPORTED BEER 6/12 MERCHANDISE FOR RESALE TRANSPORTATION DISCOUNTS TRANSPORTATION TRANSPORTATION DISCOUNTS BLDG REPAIR & MAINT COMPUTERS $340.50 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL $386.80 $850.50 $99.00 ABM EQUIPMENT AND SUPPLY COMPA ADVERTISING INCENTIVES AEROBICS AND FITNESS ASSOC OF EQUIPMENT PARTS CLOTHING & UNIFORMS SCHOOLS $57.51 ALL STEEL PRODUCTS CO EQUIPMENT PARTS $104.80 ALTERNATIVE BUSINESS FURNITURE FUNDING OF SEVERANCE $208.04 $1,542.67 $256.05 $2,153.99 $1,385.02 $67.00 $2,516.00 $4.73 $183.72 $145.49 $950.00 $840.77 $990.00 $2,029.56 $264.00 $24,410.38 $6,642.63 $303.75 $8,093.00 $636.25 $210.00 $212.57 $1,136.00 $20.00 $53.34 $9,293.89 $599.41 $643.50 $257.57 AMERIPRIDE LINEN & APPAREL SER ANCHOR PAPER COMPANY ANCHOR PRINTING COMPANY APRES OTHER CONTRACTED SERVICES POSTAGE OPERATING SUPPLIES-GENERAL EQUIPMENT RENTAL AQUA ENGINEERING INC CONTRACTED BLDG REPAIRS ARBOURS GARDEN & FLORAL CENTER LANDSCAPE MTLS & AG SUPPL ASPEN CARPET CLEANING ASPEN REACH EQUIPMENT COMPANY AUTO ELECTRIC SPECIALISTS BARKER HAMMER ASSOCIATES INC BARTZ, GERALD BAUER BUILT TIRE AND BATTERY BCA CJIS ID UNIT BECKER ARENA PRODUCTS INC BENSON, JOHN BLACK & VEATCH BLOOMINGTON, CITY OF BLR INC BOARMAN KROOS PFISTER VOGEL & BORDER STATES ELECTRIC SUPPLY BRAUN INTERTEC CORPORATION BRO-TEX INC BUCK, NATHAN BURSTEIN, LOREN CAPITOL COMMUNICATIONS CEMSTONE CENTRAIRE INC CHANHASSEN BUMPER TO BUMPER CHANHASSEN LAWN AND SPORTS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES EQUIPMENT PARTS CONTRACTED COMM MAINT REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES IMPROVEMENT CONTRACTS COMPUTERS DUES & SUBSCRIPTIONS BUILDING CONTRACTED EQUIP REPAIR EQUIPMENT RENTAL EQUIPMENT PARTS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES CONTRACTED BLDG REPAIRS EQUIPMENT PARTS REPAIR & MAINT SUPPLIES 1 PROGRAM HORSESHOES OUTDOOR CTR PROGRAM POOL LESSONS OUTDOOR CTR PROGRAM FIRE STATION SUMMER SKILL DEVELOP GENERAL WATER UTILITY-GENERAL YOUTH TENNIS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS POLICE-CITY CENTER INFORMATION SYSTEM STORM DRAINAGE SEWER SYSTEM MAINTENANCE LIQUOR STORE CUB FOODS FITNESS CLASSES EQUIPMENT MAINTENANCE ADAPTIVE RECREATION LIQUOR STORE CUB FOODS GENERAL COMMUNITY CENTER ADMIN STARING LAKE CONCERT FIRE STATION #3 STORM DRAINAGE EP CITY CTR OPERATING COSTS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE GENERAL BUILDING FACILITIES SOFTBALL EQUIPMENT MAINTENANCE POLICE ICE ARENA SUMMER SKILL DEVELOP 10 MGD WATER PLANT EXPANSION POLICE SEWER UTILITY-GENERAL FIRE STATION PARK MAINTENANCE STORM DRAINAGE EQUIPMENT MAINTENANCE SOFTBALL SOFTBALL EQUIPMENT MAINTENANCE STORM DRAINAGE FIRE STATION #1 EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $139.00 $35.60 $982.00 $900.27 $71.05 $225.25 $3,589.30 $159.72 $4,224.61 $225.00 $14,654.62 $259.90 $189.09 $57.51 $708.94 $261.55 $425.73 $850.00 $945.49 $279.00 $20.00 $2,827.04 $3,717.53 $13,833.65 $827.27 $25.00 $463.33 $62.50 $1,918.51 $55.50 $325.00 $346.00 $507.83 $4,079.86 $129.87 $8,000.00 $128.75 $1,592.18 $35.55 $1,680.50 $885.40 $114.00 $398.99 $311.83 $186.38 $765.00 $3.00 $56.83 $6,800.00 $6,922.50 $418.35 $641. 92 $1,836.41 $20.50 VENDOR CITY BUSINESS CO 2 SERVICES CONCEPT SEATING INC CONNEY SAFETY PRODUCTS CONSTRUCTION BULLETIN CONSTRUCTION MATERIALS INC CONTROLS & METERS INC. CORPORATE EXPRESS CUSTOM CONVEYOR CORPORATION CUSTOM EXPRESSIONS CUTLER-MAGNER COMPANY CY'S UNIFORMS DALCO DALE GREEN COMPANY, THE DANKO EMERGENCY EQUIPMENT CO DARTNELL CORPORATION, THE DECORATIVE DESIGNS INC DEFENSE TECHNOLOGY CORP OF AME DISCOUNT SCHOOL SUPPLY DLT SOLUTIONS INC. DOEDON, GREG DONS SOD SERVICE DPC INDUSTRIES INC E F JOHNSON CO EARL F ANDERSEN INC EASTBURN, EMILY ECOLAB INC 28-JUL-1998 (11:38) DESCRIPTION DUES & SUBSCRIPTIONS CHEMICALS NEW CAR EQUIPMENT CLEANING SUPPLIES MACHINERY EQUIPMENT REPAIR & MAINT SUPPLIES OTHER EQUIPMENT OFFICE SUPPLIES OTHER EQUIPMENT BUILDING MATERIALS CHEMICALS CLOTHING & UNIFORMS CLEANING SUPPLIES LANDSCAPE MTLS & AG SUPPL MISC FIRE EQUIPMENT DUES & SUBSCRIPTIONS RENTALS SCHOOLS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES LANDSCAPE MTLS & AG SUPPL CHEMICALS RADIOS SIGNS SCHOOLS CONTRACTED REPAIR & MAINT EDEN PRAIRIE CHAMBER OF COMMER OPERATING SUPPLIES-GENERAL EDEN PRAIRIE FOOD SERVICE OTHER CONTRACTED SERVICES EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL EDINA S W PLUMBING CONTRACTED REPAIR & MAINT EDINA, CITY OF ELVIN SAFETY SUPPLY INC ENDRESS + HAUSER INC ENERGY MANAGEMENT INC EPISCOPAL COMMUNITY SERVICES ERIE LANDMARK CO ESS BROTHERS & SONS INC· EXPRESS MESSENGER SYSTEMS INC FAMILY & CHILDRENS SERVICE FASTSIGNS FEDEX FIBRCOM FIDELITY PRODUCTS CO FINAL TOUCH SERVICES INC FINLEY BROS INC FIRST BANK NATL ASSOC FISHER SCIENTIFIC FORM & POUR FRIEDGES INC. G & K SERVICES DIRECT PURCHASE G & K SERVICES-MPLS INDUSTRIAL GARTNER REFRIGERATION & MFG IN GAS LINE PLUS CONST TESTING-SOIL BORING SAFETY SUPPLIES MACHINERY EQUIPMENT REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL REPAIR & MAl NT SUPPLIES OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL POSTAGE COMMUNICATIONS CHEMICALS CONTRACTED BLDG MAINT OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES IMPROVEMENT CONTRACTS CLOTHING & UNIFORMS CLEANING SUPPLIES REPAIR & MAINT SUPPLIES BLDG SURCHARGES 65498 65499 65500 65501 65502 65503 65504 65505 65506 65507 65508 65509 65510 65511 65512 65513 65514 65515 65516 65517 65518 65519 65520 65521 65522 65523 65524 65525 65526 65527 65528 65529 65530 65531 65532 65533 65534 65535 65536 65537 65538 65539 65540 65541 65542 65543 65544 65545 65546 65547 65548 65549 65550 65551 65552 $6,698.31 GENERAL OFFICE PRODUCTS COMPAN OFFICE SUPPLIES PROGRAM IN SERVICE TRAINING POOL MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT P/R REVOLVING FD STORM DRAINAGE WATER TREATMENT PLANT POLICE WATER TREATMENT PLANT WATER TREATMENT PLANT WATER TREATMENT PLANT POLICE FIRE STATION #3 STREET MAINTENANCE FIRE WATER UTILITY-GENERAL EP CITY CTR OPERATING COSTS POLICE PRESCHOOL PLAYGROUND ENGINEERING DEPT SOFTBALL RILEY LAKE WATER TREATMENT PLANT WATER TREATMENT PLANT TRAFFIC SIGNS POLICE EPCC MAINTENANCE OUTDOOR CTR PROGRAM SUMMER SAFETY CAMP STARING LAKE CONCERT FIRE WATER SYSTEM SAMPLE WATER TREATMENT PLANT WATER TREATMENT PLANT ICE ARENA HOUSING, TRANS, & SOC SVC STARING LAKE STORM DRAINAGE FIRE STATION HOUSING, TRANS, & SOC SVC LIQUOR STORE CUB FOODS GENERAL POLICE WATER TREATMENT PLANT SENIOR CENTER PARK MAINTENANCE FINANCE DEPT WATER TREATMENT PLANT 1996 REHABILITATION 10 MGD WATER PLANT EXPANSION WATER UTILITY-GENERAL WATER TREATMENT PLANT ICE ARENA MECH SURCHARGE WATER UTILITY-GENERAL COUNCIL CHECK REGISTER 28-JUL-1998 (11:38) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 65553 65554 65555 65556 65557 65558 65559 65560 65561 65562 65563 65564 65565 65566 65567 65568 65569 65570 65571 65572 65573 65574 65575 65576 65577 65578 65579 65580 65581 65582 65583 65584 65585 65586 65587 65588 65589 65590 65591 65592 65593 65594 65595 65596 65597 65598 65599 65600 65601 65602 65603 65604 65605 65606 65607 $9.97 $334.26 $322.00 $143.50 GLENWOOD INGLEWOOD REPAIR & MAINT SUPPLIES GOAR, RICHARD REPAIR & MAINT SUPPLIES GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES $4,495.45 GRAY PLANT MOOTY MOOTY & BENNE LEGAL SERVICE $302.99 GREATER MINNEAPOLIS AREA CHAPT REC EQUIP & SUPPLIES $31.95 GREENMAN TECHNOLOGIES OF MN IN WASTE DISPOSAL $121. 93 $696.73 $116.88 $160.00 $2,754.35 $1,052.60 $3,806.65 $3,087.60 $100.00 $162.08 $386.45 $187.50 $72.05 $2,339.89 $588.31 $539.50 $53.20 $296.00 $111.00 $2,080.00 $112.10 $7,108.14 $16.73 $67.50 $100.00 $264.29 $399.00 $1,140.63 $750.00 $155.00 $73.00 $176.50 $6.58 $111,580.67 $847.31 $235.00 $438.77 $2.97 $96.00 $1,881.82 $383.07 $3,650.00 $30.94 $92.00 $55.42 $590.06 $5.00 $15,822.00 GREG LARSON SPORTS GROVE NURSERY CENTER GUNNAR ELECTRIC CO INC HAMILTON, MICHAEL HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HARTLAND FUEL PRODUCTS LLC HAWKINS WATER TREATMENT GROUP HENNEPIN COUNTY ASSESSORS OFFI HENNEPIN COUNTY liT DEPT HENNEPIN COUNTY SHERIFF'S ACCO HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN COUNTY HINES PRODUCTS CORP HIRSHFIELDS DECORATING CENTERS HOLMES, JOHN CARTER HOLMES, TOM HONEYWELL INC IKON OFFICE SOLUTIONS* INTERNATIONAL SUNPRINTS INC INTERSTATE DETROIT DIESEL INC INVISIBLE FENCE COMPANY OF MIN IPMA J H LARSON ELECTRICAL COMPANY J MARCEL ENTERPRISES JANEX INC JOHN E REID & ASSOCIATES JOHNSON CONTROLS JR'S APPLIIANCE DISPOSAL INC KEN ANDERSON TRUCKING KNOX BUILDING MATERIALS KNUTSON CONSTRUCTION COMPANY KOCH SULFER PRODUCTS KORPACZ COMPANY INC, THE LAB SAFETY SUPPLY INC LAGERQUIST CORP LAKE COUNTRY DOOR LAKE REGION VENDING LAKELAND FORD TRUCK SALES LAKESTATE ELECTRIC INC LAND CARE EQUIPMENT COMPANY LAND OF LAKES TILE CO LANO EQUIPMENT INC LESCO INC LOFFLER BUSINESS SYSTEMS INC LOGIS REC EQUIP & SUPPLIES LANDSCAPE MTLS & AG SUPPL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES DESIGN & CONST CONTRACTED REPAIR & MAINT MOTOR FUELS CHEMICALS OPERATING SUPPLIES-GENERAL RENTALS BOARD OF PRISONERS SVC OPERATING SUPPLIES-GENERAL WASTE DISPOSAL PRINTING WASTE DISPOSAL OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OFFICE EQUIP MAINT CLOTHING & UNIFORMS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT DUES & SUBSCRIPTIONS REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS CLEANING SUPPLIES SCHOOLS CONTRACTED EQUIP REPAIR OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES IMPROVEMENT CONTRACTS CHEMICALS OPERATING SUPPLIES-GENERAL PROTECTIVE CLOTHING CONTRACTED EQUIP REPAIR CONTRACTED BLDG REPAIRS TOBACCO PRODUCTS EQUIPMENT PARTS BUILDING EQUIPMENT PARTS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS CHEMICALS OFFICE SUPPLIES LOGIS SERVICE PROGRAM FITNESS CENTER ICE ARENA POLICE SEWER SYSTEM MAINTENANCE LEGAL COUSEL POOL LESSONS GENERAL TOUCH FOOTBALL WATER WELL #6 WATER TREATMENT PLANT SOFTBALL LINCOLN LANE PAVING EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT ASSESSING-ADMIN POLICE POLICE COMMUNITY DEVELOPMENT PARK MAINTENANCE IMPROVEMENT CONTRACTS 1996 PARK MAINTENANCE POLICE POLICE-CITY CENTER SOFTBALL SOFTBALL WATER TREATMENT PLANT WATER UTILITY-GENERAL DAY CAMP EQUIPMENT MAINTENANCE STREET MAINTENANCE IN SERVICE TRAINING EP CITY CTR OPERATING COSTS POLICE FIRE STATION #1 POLICE WATER TREATMENT PLANT 1996 REHABILITATION ANIMAL WARDEN PROJECT WATER SYSTEM MAINTENANCE 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT ASSESSING-ADMIN SEWER SYSTEM MAINTENANCE WATER TREATMENT PLANT FIRE STATION #2 LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE CC CAPITAL OUTLAY EQUIPMENT MAINTENANCE EPCC MAINTENANCE EQUIPMENT MAINTENANCE PARK MAINTENANCE POLICE SEWER UTILITY-GENERAL COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 65608 65609 65610 65611 65612 65613 65614 65616 65617 65618 65619 65620 65621 65622 65624 65625 65626 65627 65628 65629 65630 65631 65632 65633 65634 65635 65636 65637 65638 65639 65640 65641 65642 65643 65644 65645 65646 65647 65648 65649 65650 65651 65652 65653 65654 65655 65656 65657 65658 65659 65660 65661 65662 65663 65664 $1,350.00 $105.00 $32,157.80 $104.37 $250.00 $522.00 $33,030.30 $21,032.70 $1,590.00 $188,441.41 $1,973.82 $145.00 $213.00 $5,315.53 $53.40 $288.19 $2,442.83 $16.10 $437.43 $287.16 $564.96 $12.50 $554.38 $536.85 $772.44 $802.96 $63.89 $2,250.00 $160.45 $701.48 $20.24 $1,412.19 $370.00 $28.83 $45,740.72 $666.70 $930.00 $7.44 $33.80 $18.56 $416.34 $2,728.89 $77.75 $240.72 $65.52 $64.00 $35.00 $1,087.26 $671.38 $2,113.14 $2,099.75 $5,163.51 $37,312.00 $430.31 $63.08 VENDOR MACDONALD & MACK ARCHITECTS LT MARKS CERTICARE AMOCO MARLOW FLOOR COVERING INC MAXI-PRINT INC MAXIMUM SOLUTIONS INC MCGREGOR, RANDY MCSB INC METRO CONCRETE RAISING INC METROPOLITAN AREA PROMOTIONS C METROPOLITAN COUNCIL ENVIRONME MIDWEST ASPHALT CORPORATION MIKE'S SHOE REPAIR INC MINNEAPOLIS AREA ASSOC OF REAL MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MOORE MEDICAL CORP MTI DISTRIBUTING CO MUNICILITE NAPA (EP) NAPA NCR CORPORATION NICOLE MEYER NO BUTTS BIN CO INC NORSTAN COMMUNICATIONS INC NORTH STAR ICE NORTHERN WATER WORKS SUPPLY IN NORTHERN NORWEST BANK MN N. A. OHLIN SALES OLSEN CHAIN & CABLE CO INC OPM INFORMATION SYSTEMS OUTDOOR ENVIRONMENTS INC 28-JUL-1998 (11:38) DESCRIPTION OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES IMPROVEMENT CONTRACTS PRINTING OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES COMPUTERS REPAIR & MAINT SUPPLIES PRINTING WASTE DISPOSAL REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL MISCELLANEOUS REPAIR & MAINT SUPPLIES SAFETY SUPPLIES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT MISC TAXABLE REPAIR & MAINT SUPPLIES EQUIPMENT PARTS PAYING AGENT OPERATING SUPPLIES-GENERAL SMALL TOOLS CONTRACTED COMM MAINT OTHER CONTRACTED SERVICES OUTHOUSE CREATIVE THREADS & EM REC EQUIP & SUPPLIES PAP CO JANITORIAL EQUIPMENT REPAIR & MAINT SUPPLIES PARAMETERS FURNITURE & FIXTURES PARK NICOLLET CLINIC HEALTHSYS PHYSICAL & PSYCO EXAM PARROTT CONTRACTING INC PELTIER, TIMOTHY PICKA, STEVE POKORNY COMPANY PRAIRIE CYCLE & SKI PRAIRIE EQUIPMENT COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL MILEAGE AND PARKING REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL PRINTING PRECISION DYNAMICS CORPORATION OPERATING SUPPLIES-GENERAL PRINTERS SERVICE INC Q-SYSTEMS INTERNATIONAL INC QUALITY WASTE CONTROL INC R E FRITZ INC RAMBOW INC RAY, LEE ROO EQUIPMENT CO REHBEIN INC RESPOND SYSTEMS RIA GROUP REPAIR & MAINT SUPPLIES CANINE SUPPLIES WASTE DISPOSAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT IMPROVEMENT CONTRACTS SAFETY SUPPLIES DUES & SUBSCRIPTIONS /0 PROGRAM HERITAGE PRESERVATION POLICE 10 MGD WATER PLANT EXPANSION POLICE ICE ARENA SOFTBALL ASSESSING-ADMIN STORM DRAINAGE COMMUNITY SERVICES SEWER UTILITY-GENERAL STORM DRAINAGE FIRE ASSESSING-ADMIN GENERAL BUILDING FACILITIES PARK MAINTENANCE FIRE PARK MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE COMMUNITY CENTER ADMIN PRESCHOOL PLAYGROUND FIRE STATION #3 EQUIPMENT MAINTENANCE LIQUOR STORE CUB FOODS WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE B & I PAYMENTS POLICE STORM DRAINAGE POLICE PARK MAINTENANCE VOLLEYBALL GENERAL BUILDING FACILITIES 10 MGD WATER PLANT EXPANSION HUMAN RESOURCES SEWER SYSTEM MAINTENANCE FIRE AFTERNOON PLAYGROUND WATER SYSTEM MAINTENANCE POLICE WATER TREATMENT PLANT STREET MAINTENANCE ASSESSING-ADMIN POOL SPECIAL EVENTS ICE ARENA POLICE FIRE STATION #1 FIRE ICE ARENA SOFTBALL STORM DRAINAGE 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT WATER UTILITY-GENERAL COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 65665 65666 65667 65668 65669 65670 65671 65672 65673 65674 65675 65676 65677 65678 65679 65680 65681 65682 65683 65684 65685 65686 65687 65688 65689 65690 65691 65692 65693 65694 65695 65696 65697 65698 65699 65700 65701 65702 65703 65704 65705 65706 65707 65708 65709 65710 65711 65712 65713 65714 65715 65716 65717 65718 65719 $166.78 $20.00 $32.95 $50.00 $25.55 $2,009.28 $73.95 $456.80 $59.64 $168.31 $114.07 $500.00 $396.50 $525.93 $194.52 $3,853.75 $334.50 $69.02 $343.00 $72.85 $526.50 $123.44 $148.00 $41. 00 $711.71 $602.34 $493.58 $125.00 $83.26 $58.85 $2,000.00 $4,707.30 $372.76 $4,639.00 $137.66 $95.85 $414.00 $240.00 $29.34 $69.23 $176.36 $34.95 $888.14 $862.11 $332.95 $270.00 $11,878.15 $7,817.00 $5,375.06 $124.86 $441. 04 $45.24 $2,584.54 $308.81 $846.23 VENDOR RICHARDS ASPHALT COMPANY RIESINGER, BOB RIGID HITCH INCORPORATED RILEY PURGATORY BLUFF CREEK WT RITZ CAMERA RMR SERVICES INC ROADRUNNER TRANSPORTATION INC ROBICHONS THE IN-LINE SKATE SC ROLLINS OIL CO SALLY DISTRIBUTORS SCHARBER & SONS SENSUS TECHNOLOGIES INC SNAP-ON TOOLS SNELL MECHANICAL INC SOKKIA MEASURING SYSTEMS* SOUTH HENNEPIN REGIONAL PLANNI SOUTHWEST SUBURBAN PUBLISHING- SOUTHWEST SUBURBAN PUBLISHING- SPECTRUM LABS INC SPS COMPANIES ST JOSEPH EQUIPMENT INC STATE CHEMICAL MFG CO, THE STECK, RICKY STORAGE EQUIPMENT INC STREICHERS SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I SWEDLUNDS TARGET TARPS INC TEENS ALONE TEMP HEAT TIERNEY BROS INC TKDA TOLL GAS AND WELDING SUPPLY TOWN AND COUNTRY DODGE TRACY/TRIPP FUELS TRI-CO TREE MOVERS TRIARCO TROPHY HOUSE TWIN CITY OXYGEN CO TWIN CITY TIRE UNIFORMS UNLIMITED UNITED STATES PLASTIC CORP UNLIMITED SUPPLIES INC UPENS, IVARS US FILTER/WATERPRO US PREMISE NETWORKING SERVICES VALLEY RICH CO INC VAUGHN DISPLAY & FLAG VOSS LIGHTING VWR SCIENTIFIC PRODUCTS W W GRAINGER INC WALMART STORES INC WATSON CO INC, THE 28-JUL-1998 (11:38) DESCRIPTION PATCHING ASPHALT OTHER CONTRACTED SERVICES EQUIPMENT PARTS PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES EQUIPMENT PARTS INSTRUCTOR SERVICE LUBRICANTS & ADDITIVES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES LOGIS SERVICE SMALL TOOLS REPAIR & MAl NT SUPPLIES OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES ADVERTISING ADVERTISING OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS TIRES WASTE DISPOSAL OTHER EQUIPMENT SEAL COATING CONTRACTED PROFESSIONAL SERVICES BUILDING OPERATING SUPPLIES-GENERAL DESIGN & CONST EQUIPMENT RENTAL EQUIPMENT PARTS MOTOR FUELS LANDSCAPE MTLS & AG SUPPL OPERATING SUPPLIES-GENERAL ADVERTISING REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS OTHER EQUIPMENT EQUIPMENT PARTS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES BUILDING CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL BLDG REPAIR & MAINT OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE II PROGRAM STREET MAINTENANCE SOFTBALL EQUIPMENT MAINTENANCE HOUSING, TRANS, & SOC SVC TREE DISEASE WATER METER READING EQUIPMENT MAINTENANCE SUMMER SKILL DEVELOP EQUIPMENT MAINTENANCE SUMMER SKILL DEVELOP STORM DRAINAGE WATER METER REPAIR WATER TREATMENT PLANT EPCC MAINTENANCE ENGINEERING DEPT HOUSING, TRANS, & SOC SVC PRAIRIE VILLAGE LIQUOR #1 COMMUNITY CENTER ADMIN ROUND LAKE PARK MAINTENANCE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT SOFTBALL PARK MAINTENANCE SUMMER SAFETY CAMP EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE OUTDOOR CENTER-STARING LAKE ASSESSING-ADMIN STREET MAINTENANCE HOUSING, TRANS, & SOC SVC CC CAPITAL OUTLAY TRAFFIC SIGNS TRAFFIC SIGNS JULY 4TH CELEBRATION EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER WELL #6 SUMMER SKILL DEVELOP COMMUNITY SERVICES WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE FIRE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE VOLLEYBALL WATER SYSTEM MAINTENANCE 10 MGD WATER PLANT EXPANSION WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT EPCC MAINTENANCE WATER TREATMENT PLANT FIRE STATION #2 SUMMER SAFETY CAMP CONCESSIONS