Loading...
HomeMy WebLinkAboutCity Council - 04/21/1992• • • AGENDA { . JOINT CITY COUNCIL/BOARD OF ADJUSTMENTS AND APPEALS TUESDAY, APRIL 21, 1992 COUNCllMEMBERS: BOARD MEMBERS: COUNCIL AND COMMISSION STAFF: ROLLCALL 6:00 P.M. CITY HALL COUNCIL· CHAMBERS 7600 EXECUTIVE DRIVE~ EDEN PRAIRIE Mayor'Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen and Patricia Pidcock Neil Akemann; Sharon Anderson, Don Argue, John Freemyer, Dwight S. Harvey, Arthur B. Weeks and Michael J. Wilkus ' City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, Director of PlaMing Chris Enger, Staff Liaison Jean' Johnson, and Council Recorder Kate Garwood I. n. CALL MEETING TO ORDER CITY GOALS A. Sign Variances B. Shoreland Variances C. PUD Variances vs. Board of AdjustmentS and Appeals Action. D. Achieve"Quality Development Without Compromising Code Regulations. m. ADJOURNMENT . AGENDA EDEN PRAllIE CITY COUNCIL TUESDAY, APRIL 21, 1992 COUNCILMBMBERS: 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock )\ • CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, . Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Council Recorder Kate Garwood PLEDGE OF ALLEGIANCE ROLL CALL I. AfPROVALOF AGENDA AND OTHER ITEMS OF BUSINESS n. MINUTES . A. B. C. City CouncH Meetina held Tuesday. March 17, 1992 Canvat§iua Board Meetina held TUesday. March 17, 1992 City CouncH Meetina held Tuesday. April 7. 1992 m. CONSENT CAItENDAR A. Clerk's license List B. . Proclamation for National Youth· Service Day to be held . Tuesday. April 28. 1992 C. ResolutiOn No. 92-83. &tabIishina Pollina Places D. Proclamation for Arbor Day as May 2. 1992 E. Connection to Metropolitan Waste Control Commmion Facilities of Sanitary Sewer to Serve Fairfield of Eden Prairie 8th Addition (Resolution No. 92-76) F. Award Contract for 1992 Fire Hydrant Paintina. I.C.52-251 (Resolution No. 92-77) • P~ge 809 Pag~ 822 Page 823 Page 834 Page 835 Page· 836 Page 838 Page 840 • Page 841 • •• • City Counell Agenda Tuesday, Apri121, 1992 Page Two G. H. Award Contract for 1m· Maintenance Materials and Water Treatment Chemicals. I.C. 52-253 (Resolutioti No •. 92-78) Award Contract for 1992 City Street Stri,JriDa. I.C. 52-254 (Resolution No. 92-79) L Final Plat ARproyal of Boulder Pointe 3rd Addition Oocated at the southwest qyadrant of Mitchell Road and Twin Lakes Crossing) . (Resolution No. 92-80) , J. Award Contract for ROWland Road. I.C. 52-067 (Resolution No. 92-81) K. Aareement for Columbine RoadR1abt-of-Way Acgpisitionfrom Wal-Mart L. Approval. of SuPJ)lement No. 3 to Acreement 164918 with MnDOT for Desim Of TH 5 between' <;SAH 4 and CSAD 17. I.C. 52-135 (Resolution No. 92-82) M. ADDroval of Consultant Fees for MIller Park N. . Approval of Aareement with Cluts. O'Brien. Strother Architects for CPT BuDdina remodelina. site modifications • special constmction.and interior desim IV. PVBLIC·HEARINGSIMEETINGS A. Amendments for Tax Increment flnanclna -1992 Amendment of Development Program for Development District No.1 and 1992 Amendment of Tax. Increment Financing Plans for Tax Increment Districts Nos. 2, 3, 4, 5, 6, and 7 (Resolution No. 92-52) B. Order Improvements and Preparation of Plans and· S,peciCICatioos for Braxton Drive. I.C. 52-189 (ResolutionNo. 92-56) Continued from April 7, 1992 V. PAYMENT OF CLAIMS VI. ORDINANCES AND RESOLUTIONS vn. PETITIONS. REQUESTS AND COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS. . COMMISSIONS & COMMI'ITEES A. Human Ri&hts & Services Commmon -Rental Rousina Code Page 843 Page 846 Page 848 Page 851 Page 853 Page 854 Page 860· Page 861 Page 878 Page 887 City Counell Agenda April 21, 1992 Page Three IX. APPOINTMENTS A. Hnman Ri&hts & Services COmmission -Appointment of 1 member to fill an unexpired term through February 28, 1994 (Continued from April 7, 1992) B. Parks, Recreation & Natural Resources Commission - Appointment of 1 member to fill an unexpired term through February 28, 1993 (Continued from April 7, 1992) x. REPORTS OF OFFICERS A. Reports of Councllmembers B. Re,pOI1 of City ManaUr 1. Guidelines for APJ)ointinl BoardICornmipion members (Coninued from April 7, 1992) 2. Set Place and Time fot Amil 27· Council/Staff Workshop C. Report of Director of Planninl 1. Summary· of TranmOI1ation Demand Manalement Strate:! Plan 1-494 Corridor Commipion (Continued from April 7, 1992) XI. OTHER BUSINESS XII. ADJOURNMENT • Page 888 • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 17, 1992 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 8:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Jan Nelson • ROLL CALL • Mayor Tenpas called the meeting to order at 8:00 PM. Jessen was absent. I. APPROYAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item X.D.i. Update on Group Home program. Pidcock added Item X.A.i. Having Citizens heard at City Council meetings; ~ X.A.2. Sending Staff to Youth Training; ~ X.A.3. Leg-hold Traps. Harris added ~ X,A.4. Goals for City Manager. Anderson added Item X,A.5, Rice Marsh Creek. Riley Creek and the Bluffs. MOTION: Pidcock moved, seconded by Anderson, to approve the Agenda as published and amended. Motion carried unanimously_ II. MINUTES There were no Minutes. III. CONSENT CALENPAR A. Clerk's License List City Council Meeting 2 March 17, 1992 IV. B. Approve plans for Improvements to CSAH 62 between CSAH 60 (Baker Road) and CSAH 4 (Eden prairie Road), I.C. 52-173 (Resolution No. 92-45) C. Approve pefeasance of McGlynn Bakeries Industrial Revenue Bonds (Resolution No. 92-47) D. Approve procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code (Resolution No. 92-48) City Attorney Pauly said in Resolution No. 92-47, Paragraph 4, the words "will be fully" should be replaced by "which is represented by McGlynn Bakeries, Inc. and verified by.Springstad, Inc. to be". He said the same change should be made in Paragraph 5 Pidcock said Resolution No. 92-48, Paragraph 2.(a) should be changed to read ~Each Declaration shall be made ... " . MOTION: Harris moved, seconded by Pidcock, to approve the Consent Calendar as published and amended. Motion carried unanimously. PUBLIC HEARINGS/MEETINGS A. Amendments for Tax Increment Fjnancing -1992 Amendment of Development Program for Development District No.1 and 1992 Amendment of Tax increment Financing Plans for Tax Increment Districts Nos. 2,3,4,5,6, and 7 (Resolution No. 92-46) Jullie said the purpose of this public hearing is to allow public comment on the proposed list of improvements in the Major Center Area tax increment improvement program, as outlined in the Staff memo of March 13th. He said that Items 6.g. and 14 on the list have just recently come up, and the County and School District will have to be notified of these two projects. He noted that the entire proposal will also have to be approved by the Planning Commission before the Resolution is adopted. • • Jullie said Councilmembe~ Jessen had asked him to relay his comments on the list. He said Jessen questioned the need for some of the traffic signals; however, he reinforced the urgency for the Leona and Singletree signals. He said Jessen is supportive of the Purgatory Creek Park & Recreation area investment and that Jessen thought it might be wise to consider additional funding for the urban design features and the land banking. He • said Jessen suggested that we consider the use of an outside consultant to help in the pursuit of land banking. ]10 • • • City Council Meeting 3 March 17, 1992 Jullie said there is still a question whether the wetland mitigation item would be eligible and more research by the legal staff will be required to make that determination. He said Staff is prepared to do a cash flow analysis on the items to see what sort of timing might be involved in accomplishing the list because investment income is an important factor in determining the total amount available. Harris said she also questioned the number of traffic signals and would like to have some more discussion about where they might best be used. She said she would also like to discuss the urban design features at some time. Director.of Public Works Dietz said they tried to list all the intersections that might potentially be required and that the list of signals is not in a prioritized order. He said the average cost of the signals would be about $75,000 each. Anderson said he was also concerned about the signal lights; however, he thought a project list of this magnitude should be looked at in a workshop session. He said he had not seen some of the items before, and he would like to see how they fit into the Major Center design and how the whole thing looks when it is put together. Pidcock asked if there would be a signal at the intersection of Mitchell Road and Scenic Heights Road. Dietz said this is not in the Major Center project area and that they have not scheduled anything for that intersection at this time. Pidcock asked if any thought has been given to a Farmers' Market in the M.C.A. Director of Planning Enger said the Downtown Design Brochure includes a design of possible plans, and a Farmers' Market is one of the items that has been discussed. Pidcock said she just didn't want it to be forgotten. Tenpas asked what happens if the final approval is delayed. Dietz said we might want to get started on some of the projects as soon as possible. He said there might be a difficulty in delaying the Columbine Road extension next to Walmart as he thought there was an obligation to have a closing on that right-of-way in the near future. He said he wasn't sure we could approve one segment of the list without approving all of it. City Attorney Pauly said it would be possible to break the list up into one or two amendments. Tenpas asked Staff to find out exactly when that item has to be done. Enger said it is in the Purchase Agreement with them for March 1; however, they have ~ : ~ .'\ i i u; . City Council Meeting 4 March 17, 1992 asked if it could be done at least by April 1. Pauly • said he had a call from Gary Gandrud, the Walmart representative, who is in charge of supplying the title information or title insurance. He said that would be required before there could be a closing. Tenpas asked if the land bank cost was part of the $1.6 million for urban design features. Enger said the $1 million for land banking is to be used twice. Tenpas said he is concerned about the City buying land in order to control the economic development of the area. Harris said her impression was that the land banking was to be used as an incentive for certain types of development. Jullie said we will have to demonstrate some public purpose here. He said he thought it will give a certain amount of direct control over the developing our downtown area. Tenpas said he would like to have an update on what is happening with the Tieman property. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to continue • the Public Hearing to April 7. Motion carried unanimously_ V. PAYMENT OF CLAIMS Harris asked about the payment to the City of Richfield for motor vehicle registration and excise tax. Jullie said that is where we buy our license plates. Harris asked what was done with the old election ballot boxes as the purchase of new ones was quite a substantial sum. Frane said they were cardboard and were recycled. MOTION: Pidcock moved, seconded by Anderson, to approve payment of claims. Motion carried with Anderson, Harris, Pidcock and Tenpas voting NAye." VI. ORPINANCES ANP RESOLUTIONS VII. There were none. PETITIONS. REQUESTS AND COMMUNICATIONS A. Request of Weston Bay Neighborhood to Revise Miller park plan (Continued from March 10, 1992) Jullie noted that this item was continued from the March 10th meeting because residents of this • • • • City Council Meeting 5 March 17, 1992 neighborhood indicated they had additional items they wanted to discuss. Cheryl Cotter, 16837 Weston Bay Road, said she didn't understand exactly what was passed at the meeting last week. Tenpas said the issue brought up was the closing of the park entrance. Cotter said that was not included in the request. She said that they had requested the ability to put fences across the back of their property and across one piece of property that the sidewalk accesses. Cotter said there should be and has been pedestrian access to the park. Director of Parks, Recreation & Natural Resources Lambert reviewed the issues requested by the neighborhood. Cotter said the points not addressed were a permit system for P.A.'s within the park, limiting alcohol usage in the parks, a commitment in writing that the neighborhood will be involved in changes made to the design of the park as development proceeds, and the use of the cul-de-sac as a bus turn-around. Jan Forsberg, 17005 Weston Bay Road, said she was also concerned that the plantings be arranged to provide the best screening for the neighborhood and that the residents be allowed to become involved in the location of those plantings. Tenpas said he thought they had requested a fence across the City property and that would cut off access to the park at that point. Dave Chinnock, 16977 Weston Bay Road, said there is a misunderstanding and that the residents do not want a fence on City property. He said that they are not trying to block access to the park, only access between the houses. Lambert noted that the residents would not need permission to put up fences on private property. MOTION: Harris moved, seconded by Pidcock, to reconsider the motion passed on March 10th approving the revisions to the plan for Miller Park. ~otion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to rescind the portion of the motion passed on March 10th relating to the construction of a fence across City property in the revisions to the plan for Miller Park. Motion carried unanimously. City Council Meeting 6 March 17, 1992 Chinnock said they are requesting that an easement be granted so that the neighborhood could build and maintain a fence on City property at th~t location if they choose to do so. Lambert said we have had requests for the City to build fences around parks in the past and that we have recommended that we don't put City fences up to keep people out. A discussion followed regarding what had been approved in the motion passed on March 10th. Tenpas said he didn't think an easement to allow construction of the fence on City property would be appropriate. Lambert said he didn't have a problem with a permit for the P.A. system and noted that very few of the tournaments use P.A. systems. Tenpas asked how we would be able to control the use of permits for a hand-held P.A. system. Lambert said they could have any association using the fields fill out an • application form and indicate if they are using a P.A. • system and what kind of system it is. Harris said she didn't see any real problem but was wondering what would happen with other parks. Lambert said we have not had a permitting system, but neither have we had any reported problems. Pidcock asked what Hennepin County and other cities do about this. Lambert said he was not aware of any permitting system in other areas. Tenpas said he was reluctant to add a permit system until we have determined there are problems. Cotter said she would like to address this issue up front. Tenpas suggested that a footnote be put on the application form asking those who use a P.A. system during tournaments to be sensitive to the nearby neighborhoods. Lambert said it could be listed on the permit as one of the conditions for use of parks. Gary Forsberg, 17005 Weston Bay Road, said there is no other park in Eden Prairie that will have the same number of fields, and he was concerned that the P.A. • systems would be a problem. 7.1 ;/. C 1V • • • City Council Meeting 7 March 17, 1992 B. The consensus was to add the "se~sitive use" of P.A. systems as a condition on the park permit. Lambert said there is a state law regarding the use of alcohol on school grounds; however, Miller Park is not located on school property and there are 30 acres of woods here that will allow picnicking for people of all ages. He said he wouldn't like to see this regulated unless it becomes a problem. He noted that, except for the baseball and soccer fields, the ball fields are scaled for children so the softball players will not be at this park. Tenpas said he would not have a problem with allowing use of alcohol in the picnic area only and prohibiting its use on the ballfields. Anderson said he felt that the use of alcohol should be prohibited anywhere that youth games are being played. Tenpas said he thought we should go back and review this as a broader issue on all parks at a later time. He said he thought that Staff and the Legal Department should take a look at this issue for the whole City and come back to the Council with their findings at another time. Other Councilmembers concurred. Cotter said the cul-de-sac is used as a turn-around for the buses and poses a potential safety problem, especially if parking is allowed on the cul-de-sac. Tenpas suggested that Staff work with the School District to resolve this problem. Lambert said Staff has suggested using the larger trees to provide better screening for the neighborhood when the landscaping is done, and that they would allow the residents to specify placement of the trees when they are planted. Tenpas then asked Staff to write a letter to the neighborhood summarizing the points that were discussed and approved at this meeting and at the March 10th meeting. He apologized to the residents for having to continue this discussion from the March 10th meeting and noted that he hoped their requests have been accommodated at this point. Request for proposed Plan Approyal from Eden prairie Garden Club Lambert said this request to implement a three-phase project to provide beautification improvements to the corner of County Road 4 and Valley View Road received the wholehearted support and recommendation of the Parks Commission. 7~~ !~ u· City Council Meeting 8 March 17, 1992 Brenda Berkebile, President of the Eden Prairie Garden Club, described the proposed project. MOTION: Pidcock moved, seconded by Harris, to recommend approval of the request by the Eden Prairie Garden Club. Motion carried unanimously. Pidcock said she would like to commend the Garden Club for their activities. C. Request Matching Funds for Heritage preservation 1992 CLG Grant Application Jullie said this is a request from the Heritage Preservation Commission for $8,000 in City funds to match a federal grant to continue evaluation and survey wor k. MOTION: Pidcock moved, seconded by Anderson, to approve the request of the Heritage Preservation Commission. Motion carried unanimously. VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES IX. There were no reports. APPOINTMENTS A. Appointments to the Board of Review Jullie said that five members of the community who are actively involved in real estate have indicated their willingness to serve on the Board of Review as members or alternates. He said Staff recommends that the Council appoint three from the list as the Board of Review and the other two as alternates. Harris asked those present to introduce themselves. John Nielsen, Dick Sager, Regan Massee, and Gary Johnson were introduced. MOTION: Pidcock moved, seconded by Harris, to appoint Phil Olson, John Nielsen and Gary D. Johnson to the 1992 Board of Review and to appoint Dick Sager and Regan Massee as alternate members. Motion carried unanimously. • • Tenpas said he had a bit of a problem with the Council giving up this responsibility; however, he was willing to give this arrangement a try and then evaluate it later. • I 'i , 'J • i '.j) .. • • • City Council Meeting 9 March 17, 1992 Finance Director Frane and Sue Lane presented the results of the Park Bond Referendum vote. Lane said there were 2880 "Yes" votes and 1202 "No" votes for a total of 4082. Tenpas said he wanted to commend Lambert, Jullie and the rest of the Staff for their efforts in putting the referendum together and organizing the publicity. Lambert said he thought the difference in this referendum was that the citizens saw the Council out talking about it. Pidcock said she also wanted to thank Staff for their efforts and noted that she thought being fiscally conservative on this referendum was also very important. x. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Having citizens heard at City Council meerinqs Pidcock said she thought it was important that we establish a forum here where all of the citizens feel we are treating them with courtesy and where we give them time to air their concerns. Tenpas said he does try to accommodate everybody who wants to talk; however, he said it is the Chair's prerogative to recognize those who wish to spea k. 2. Sending Staff to youth training 3. Pidcock said she saw an advertisement in the Nation's Cities Weekly for fellowships offered by M.I.T. for staff members to attend training sessions to help develop the City's youth programs. She said she thought we might want to look into this and see if Staff members such as Laurie Heiling might be interested in attending. Leg-Hold Traps Pidcock said she received some phone calls from residents regarding leg-hold traps, and she wanted to know what the City's position was on this matter. Lambert said the Parks Commission has been reviewing this issue for the past two months and have appointed an Ad Hoc committee to study the matter. He said the Ad Hoc committee is checking into what other communities do and that they will come back to the Commission with a recommendation for their review which will then be forwarded to the Council. ? ;(/~ ...... .; City Council Meeting 10 March 17, 1992 4 . Goals for City Manager Harris noted that we haven't established the City Manager's goals for this year and we will be facing an evaluation in June. She said we need to get this on the Agenda. Jullie said he had received some input from Councilmembers and had intended to have it as an Agenda item tonight; however, Jessen asked that it be postponed until he could be present. 5. Rice Marsh Creek. Riley Creek and the Bluffs Anderson said it was becoming obvious to him that we need a plan for the development of the Rice Marsh Creek and Riley Creek areas, and possibly one for development of the river bluff area. He said the Purgatory Creek plan has been very useful as a guide for development, and we need a similar plan for these three areas. He said he would like to have Staff review this and bring back a recommendation regarding planning for these areas. • Lambert said there was a $30,000 item cut from • this year's budget for a Riley Creek study. Enger asked how this would fit in with the Bluffs Committee. Anderson said this would come after the Bluffs Committee recommendations and would provide more specifics regarding development. B. Report of City Manager 1. Discussion of Merits for Separating Responsibilities for the parks. Recreation & Natural Resources Commission and the Human Rights & Services Commission Jullie said Council had requested that they review the possibility of splitting these two commissions in order to provide more focus and attention on a particular area of concern. He said the preliminary reaction of the two commissions is included in the Staff memos from Lambert and Swaggert. Jullie noted that the Human Rights & Services Commission saw some merit in a split; however, the Parks, Recreation & Natural Resources Commission did not feel there was enough responsibility in • either area to warrant splitting their Commission. • • • City Council Meeting 11 March 17, 1992 , . 2. Harris noted that the Human Rights & Services Commission goals split out 50-50 on the two areas. She said the Community Needs and Resources Council has been searching for a major issue to work on. She said she thought there should be a dialogue with both the Human Rights & Services Commission and the Community Needs and Resources Council on this subject. Anderson said he thought it was important to watch who gets on the Parks Commission so that there is a balance between the parks and recreation aspect and the natural resources part. He said he thought it is important that it remain as one commission, especially for purposes of dealing with some of the issues. Pidcock said she agreed that it is important to keep them balanced. proposal from Sterling Group. Inc. for Management Services Jullie said they have received a proposal from the Sterling Group for additional services. He said he thought it is important to continue with their services as there is a lot of work to do before the closing on the CPT building. Tenpas said it appears that they have justified their fees on the first portion and that he would rely on Jullie's judgment that their proposal is fair and that they are the group to do it. Harris said she thought they had done an excellent job in the first phase. Pidcock said she agreed; however, she thought they might be a little on the high end. Jullie responded that we tend to work them very diligently and that we will get a lot for our money. MOTION: Harris moved, seconded by Pidcock, to authorize the services of the Sterling Group, Inc. as stated in the proposal dated March 11, 1992. Motion carried unanimously. C. Report of Pirector of Parks. Recreation & Natural Resources There was no report. D. Report of pi rector of Planning City Council Meeting 12 March 17, 1992 1 . Update on Group Home Program Enger said the State has acquired two properties in northwest Eden Prairie from tax forfeiture proceedings. He said that under their deinstitutionalization program they would like to proceed with the construction of two group homes for six developmentally disabled adult individuals. He said they have received calls from neighbors in the area, and Staff has suggested that the City host a neighborhood meeting for both properties that would be sponsored by the State Department of Human Services. He said the neighborhood meeting will be held April 6th. Tenpas said he had received several calls on this, and the issue appears to be whether group homes should be placed in the middle of residential areas. He said he thought it is important to consider how the neighborhood feels about these. Pidcock said that elected officials received a lot of heat over the construction of the Muriel Humphrey homes when those were built several years ago. Enger said he thought the point about siting of these homes was very well taken. He said they have tried to encourage the State to look at not being in the middle of neighborhoods; however, this is what they have chosen to do. He said the State does have the right to go ahead with this; however, he thought it was important that they be up front with the neighborhoods about this. Harris said she thought we have very little control over the siting of these group homes; however, this type of group home might be more desirable than some other types that we might be host to. A discussion followed regarding other group homes in the city. E. Report of Director of Public Works There was no report. F. Report of City Attorney There was no report. XI. OTHER BUSINESS • • • City Council Meeting 13 March 17, 1992 • IV. • • '. Vince Immordino, 9505 Bennett Place, $aid he was here to comment that there has been some correspondence from their legal department on the CPT building regarding some issues that need to be resolved. He wanted to make sure that the Council was aware of this. ApJOURNMENT MOTION: Harris moved, seconded by Pidcock, to adjourn the meeting at 9:50 PM. Motion carried unanimously. • • • UNAPPROVED MINUTES EDEN PRAIRIE CANVASSING BOARD MEETING TUESDAY, MARCH 17, 1992 BOARDMEMBERS: CITY COUNCIL STAFF: 9:55 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Chairperson Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, and Recording Secretary Jan Nelson Chairperson Tenpas called the meeting to order at 9:55 PM. Jessen was absent. MOTION: pidcock moved, seconded by Harris, to approve Resolution 92-50 receiving the election results of the Special Park Bond Referendum. Motion carried unanimously_ MOTION: Pidcock moved, seconded by Harris, to adjourn the meeting of the Eden Prairie Canvassing Board at 9:58 PM. Motion carried unanimously_ • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 7, 1992 8:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, City Engineer, Alan Gray, and Council Recorder Kate Garwood PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Tenpas called the meeting to order at 8: 10 p.m. due to the Primary Election. All .embers were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Anderson, to approve the Agenda as published, with the following additions: Item X.A.l.; City Soccer Fields; Item X.A.2., Proposed Bill in the State Legislature Imposing Sales Tax on Government Purchase;Item III.A .. Welsh Sierra Partnership DBA Cadillac Ranch for Dance Hall Permit; Item III.L. and Item VI. B .. 1st and 2nd Reading of Ordinance No. 8-92 for Street Name Change for a portion of Equitable Drive to Anagram Drive: and Item X.B.3 .. Purgatory Creek Recreation Area Fill Permit. Motion carried unanimously. II. MINUTES • A. Joint City Council/FlyinK Cloud Airport Advisory Commission meetinK held Tuesday. March 10. 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the Joint Meeting of the Flying Cloud Airport Advisory Commission of March 10, 1992, with the following deletions and additions: 1) On Page 2, paragraph 1, line three amend "specific" to read "specifications" . 2) Delete the second sentence, paragraph 3, on Page 5. 1 3) Add to the sixth paragraph, Page 6: "Jessen said he was for a safer, better airport but against noise and the other adverse effects of the airport expansion." • Motion carried unanimously. B. Special City Council Meetine held Tuesday. March 10. 1992 MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the regular City Council meeting of March 10, 1992, as published. Motion carried unanimously. ill.CONSENT CALENDAR A. Clerk's License List B. Resolution Prohibitine Parkine on Rowland-Road -MSA 181-118-01. I.C. 52-067 (Resolution No. 92-53) C. Resolution Prohibitine Parkine on Dell (south) -MSA 181-113-01 (Resolution No. 92-70) D. Resolution Prohibitine Parkine on Dell Road (north) -MSA 181-108-03 (Resolution No. 92-71) E. Award Contract -Street Sweepine. I.C. 52-250 (Resolution No. 92-54) F. Award Contract for Four-Wheel Drive Mid-Size Tractor • G. NORMARK CORPORATE HEADOUARTERS by Normark Corporation. 2nd Reading of Ordinance No. 4-92, Zoning District Change from Office to 1-2 on 3.77 acres; Approval of Developer's Agreement; Authorizing Summary of Ordinance and Ordering Publication of Said Summary; and Approval of Site Plan Review. Location: East of Golden Triangle Drive, north of Nine Mile Creek. (Ordinance No. 4-92 -Zoning District Change; Resolution No. 92-62 -Authorizing Summary and Publication; and Resolution No. 92-65 -Site Plan Review) H. Establishine Precinct Boundaries (Resolution No. 92-51) I. Participation in 1992/93 Minnesota Cities Participation Proeram (MCPP) (Resolution No. 92-61) J. Approve Plans and Specifications for Dell Road Improvements between Cascade Drive and West 82nd Street. I.C. 52-160 (Resolution No. 92-59) K. Approve Plans and Specifications for Dell Road Improvements between TH 5 and TwiIieht Drive. I.C. 52-156 (Resolution No. 92-60 & Resolution No. 92-72) L. 1st Readine for Street Name Chanee for a Portion of Equitable Drive to Anaeram Drive . (Ordinance No. 8-92) MOTION: Harris moved, seconded by Pidcock, to approve Items A - F and H - L on the conse. Calendar. Motion carried unanimously. • MOTION: Harris moved, seconded by Pidcock, to approve Item G, 2nd Reading of Ordinance No. 4-92, Approve Developer's Agreement, Authorize Summary and Publication of Ordinance Summary, and Approve Site Plan Review for Normark, on the Consent Calendar. Vote on Motion: Motion carried 4-1-0, with Anderson opposed. IV • PUBLIC HEARINGS/MEETINGS • • A. Amendments for Tax Increment Financina: -1992 Amendment of Development Program for Development District No.1 and 1992 Amendment of Tax Increment Financing Plans for Tax Increment Districts Nos. 2, 3, 4, 5, 6, and 7 Continued from March 17, 1992 This Public Hearing had been continued from March 17, 1992. At that meeting the Council reviewed a recommended list of projects to be funded with $8.8 million of TIF receipts. Two projects were added to the list, and it was determined that the County and School Districts should be re-notified and the new Public Hearing held April 21, 1992. Jullie explained that the addition of the two projects presented a time constraint with respect to availability of TIF funds for obligations on Columbine Road for the Wal-Mart project. This portion of the project had been properly published, noticed, and addressed for the March 17 meeting and could be acted upon at this meeting. The added items could be acted upon separately on April 21, 1992. MOTION: Jessen moved, seconded by Harris, to close the Public Hearing, and adopt Resolution No. 92-46, the 1992 Amendment of Development District No.1. and 1992 Amendment of Tax Increment Financing Plans for Tax Increment Districts Nos. 2, 3,4, 5, 6, and 7. Motion carried unanimously. Pidcock requested that the Southwest Metro Transit Commission be involved with Columbine Road and asked that Staff have discussions with Administrator of Southwest Metro regarding public transportation in this area. B. Heritaa:e Road Closure (Continued from February 4, 1992) On February 4th, the Council requested further information about the potential impacts of closing the Heritage Road/Highway 5 intersection. During the interim, Benshoof and Associates prepared a traffic study and looked at four alternatives. Staff had also received a petition from the neighborhood showing that 78 % of the 264 households contacted preferred the intersection remain open. Jim Benshoof, Benshoof and Associates, reviewed the study in detail with the Council, noting that the primary issue was the form of access. Pidcock asked about the reactions of the School District Staff to the traffic movement information at the intersection of Valley View Road and the High School driveway/Hames Way intersection. Dietz responded that City Staff had not yt with the School District Staff, but that they intended to soon. Pidcock asked how the project would be financed in the event Heritage Road was widened. Dietz responded that MnDOT would likely pay for a right-in/right-out intersection, if that was the decision at this time; however, the City would likely be required to pay for any upgrade in the future. 3 Chris Geason -7596 Carnelian Lane, and Jack Wheeler -7575 Carnelian Lane, representing those in favor of an open intersection, discussed the neighborhood poll: and their concerns for efficient, saA traffic flow. . .. -. Dick Brown -7685 Heritage Road, Doug Morey -7741 Heritage Road, Cindy Aldrich -7711 Heritage Road, Don Sabinske -7740 Heritage Road, Judson Freed -7669 Heritage Road, and Emma Eames - 17345 W. 78th Street, representing those in favor of closure of the intersection, discussed concerns about noise, pollution, traffic, and safety. Mayor Tenpas called a recess at 9:20 p.m.; the meeting was resumed at 9:25 p.m. During discussion, Councilmembers stated their positions as follows: Pidcock: Favored the right-in/right-out solution, with a berm to a maximum possible height for noise control. She added that the goals of the Southwest Corridor Coalition would coincide with the meeting the safety needs of such an intersection, but would disagree with the signalization of the intersection. Harris: Favored leaving Heritage Road open at Highway No.5, without signalization; however, she believed that the right-in/right-out solution at this time would be best, retaining as many options as possible for the future in terms of other intersection controls. Jessen: Favored the right-in/right-out solution as best for the neighborhood overall, but did not favor widening Heritage Road. Anderson: Favored right-in/right-out solution, meanwhile retaining as many options as possible for. future in terms of other intersection controls. Tenpas: Favored right-in/right-out solution as best for mitigating safety needs and meeting as many concerns as possible for the overall neighborhood; also, he believed sidewalks for safety of the residents were essential. During discussion, Jessen questioned the special study of the intersections of Heritage Road/Kilmer Avenue, Atherton Way/Kilmer Avenue, Valley View Road/Hames Way-High School driveway, and Hames Way/Evener Way as to whether such study was beyond the scope of direction given to the consultant. Jullie explained that the study of these intersections was requested by the residents during a neighborhood meeting. MOTION: Pidcock moved, seconded by Harris, that the right-in/right-out intersection for Highway No. 5 and Heritage Road be approved, subject to the following design features: berming to the maximum extent possible for noise mitigation; sidewalks to be installed for safer pedestrian traffic; no widening of Heritage Road; options for alternate designs may be discussed in the future, if, and when, needed. Motion carried unanimously. C. Order Improvements and Preparation of Plans and Specifications for Creek Knolls. I.C. 52-194 The project area, also known as the Bluffs East 10th Addition, included developed and undevelo4 lots. The lot-unit basis of assessments would result in costs of approximately $10,000 per lot. 4 • • • Gray stated that a petition for improvement from the developer started this proposal. If approved, the project would start in the Summer, and finish in the Fall, 1992, with the special assessment hearing to take place in September. No one was present to discuss the item. MOTION: Jessen moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 92-55 to order I.C. 52-194, Creek Knolls improvements. Motion carried unanimously. D. Order Improvements and Preparation of Plans and Specifications for Braxton Drive. I.C. 52-189 Two of the three major owners of property were in favor of construction of the entire roadway, including street and utility improvements; the third owner had objections. The roadway project was proposed in two phases to allow for continued .access to the elementary school through the school year, with the northerly section proposed for 1992. Gray explained that the School District would provide 10 ft. to the 70 ft. right-of-way needed. It was proposed that the improvement be assessed on front-foot a basis. K. E. Schumacher, President of Eden Land Company, 14875 Martin Drive, owner of the western-most parcel, stated his concerns regarding the proposed assessment method, noting that the Eden Land Company property would be required to pay twice as much per unit, or lot, as the adjacent developable properties. He suggested a "per unit" assessment, rather than the "front-foot" method of assessment. Councilmembers discussed the method of assessment, alternative methods for service and access to the Rogers property to the north, and the needs of the School District with respect to the timing of the improvement proposed. Dietz suggested that alternate means of assessment may be available and that Staff could review and report on such means at the next meeting. MOTION: Pidcock moved, seconded by Harris, to continue this item until the April 21st meeting. Motion unanimously carried. E. FAIRFIELD 1992 AMENDMENT by Centex Real Estate. Planned Unit Development Concept Amendment on 148.2 acres to the overall Fairfield PUD; Planned Unit Development District Review with waivers and Zoning District Amendment within the RI-9.5 District on 2l.8 acres; Preliminary Plat of 2l.8 acres into 71 single family lots and road right-of-way. Location: North of Candlewood Parkway, west of Braxton Drive. Dan Blake, Centex Real Estate, explained that the zoning amendment would essentially change the previously approved cluster lot arrangement to the more standard single family lot arrangement. Anderson questioned the availability of trail connections from the development to the park system. Council directed that the screening of the back yards of single family lots from the trail activities should be addressed by the Parks, Recreation, and Natural Resources Commission and the Planning Commission. 5 There were no further comments from the audience. • MOTION: Harris moved, seconded by Jessen, to: 1) Close the Public Hearing and adopt Resolution No. 92-13 for PUD Concept Amendment; 2) Approve 1st Reading of Ordinance No. 5-92-PUD-2-92 for PUD District Amendment; 3) Adopt Resolution No. 92-27 for the Preliminary Plat, and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. VICTORY LUTHERAN CHURCH -Request for Comprehensive Guide Plan Amendment from Low Density Residential to Church on 6.6 acres; Zoning District Change from RI-22 to Public, and Site Plan Review on 6.6 acres; Zoning District Amendment within the RI-22 District on 3.4 acres, Preliminary Plat of 10 acres into 5 lots for construction of a 7,600 square foot church and 4 new single family lots. Location: East of Eden Prairie Road, west of Red Oak Drive and north of Bergen Drive. Steve Wagner -8430 Eden Prairie Road, raised questions regarding easements needed for the development. He welcomed the development of a church in this area, but did not want to give his property away for needed easements. Enger indicated that the City Staff would work with Wagner and the County to resolve this matter. There were no further comments from the audience. • MOTION: Pidcock moved, seconded by Jessen, to: 1) Close the Public Hearing and adopt Resolution No. 92-63 for Comprehensive Guide Plan Amendment; 2) Approve 1 st Reading of Ordinance No. 9-92 for the Zoning District Change; 3) Adopt Resolution No. 92-64 for the Preliminary Plat, and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, and to resolve the easement situation for the Wagner_property. Motion carried unanimously. G. CENTRAL MIDDLE SCHOOL by Independent School District 272. Request for Site Plan Review within the Public, 1-2 and RI-22 Zoning Districts on 60 acres for construction of a approximately 60,000 square foot addition and parking circulation improvements to the Central Middle School. Location: 8025 School Road. Steve Thompson, architect for the School District, explained the redesigned entrance to the schoo. involving a land swap with the Highway No. 212 project and the proposed development of the no. with athletic facilities. 6 • • • Roald Nielsen -7924 School Road, asked if the upgrading of the school would have any impact on the timing of takings planned for Highway No. 212 in the adjacent: residential neighborhood. Thompson responded that the school project would not have any impact on those takings by MnDOT. There were no further comments from the audience. MOTION: Anderson moved, seconded by Jessen, to close the Public Hearing and to adopt Resolution No. 92-66 for Site Plan Review. Motion carried unanimously. H. PRAIRIE VIEW ELEMENTARY SCHOOL by Independent School District 272. Request for Site Plan Review within the Public Zoning District on 9.9 acres for construction of a 15,800 square foot addition to the Prairie View Elementary School. Location: 17255 Peterborg Road. Jim Touve -17216 Peterborg Road, was concerned about the narrowness of Peterborg Road, noting that parking was difficult at many times during the ·year. He was concerned that assessments may be levied for street improvements caused by wear and tear caused mostly by buses and asked for fair consideration of the residents of the area. Enger reported that he had spoken with Mr. Merle Gamm of the School District Staff. Gamm told him that he would recommend that the School District pay for its share of the road improvements. Regarding parking problems, Enger pointed out that there would be an additional hard-surfaced area constructed for that purpose as part of the improvements. Council directed Staff to keep Mr. Touve informed about the decisions on these issues in the future. Jessen asked if the hard surfacing proposed would impact the City's park. Lambert responded that two tennis courts near the school would be eliminated. He noted that the School District would replace those two courts at Central Middle School, and the overall number of courts would remain balanced throughout the City. There were no further comments from the audience. MOTION: Anderson moved, seconded by Jessen, to close the Public Hearing and adopt Resolution No. 92-67 for Site Plan Review. Motion carried unanimously. I. FOREST HILLS ELEMENTARY SCHOOL by Independent School District 272. Request for Site Plan Review within the Public Zoning District on approximately 58 acres for construction of an 18,350 square foot addition with parking and circulation improvements to the Forest Hills Elementary School. Location: 13708 Holly Road. Anderson had been contacted by residents from the Kings Forest neighborhood regarding the lack of trail connections for safe pedestrian access to the school. Jessen suggested that the City work with the School District to resolve the pedestrian access issue. Other Council members concurred. There were no comments from the audience. MOTION: Jessen moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 92-68 for Site Plan Review, subject to resolution of a safe pedestrian access from the Kings Forest 7 neighborhood, and subject to satisfactory resolution of the status of LA WCON/HUD grant as affects the property. Motion carried unanimously. { • MOTION: Anderson moved, seconded by Pidcock, to continue the meeting to 11:30 p.m. Motion carried unanimously. J. CDBG YEAR xvm PROGRAM FUNDING The City was eligible for $88,731 in Year XVIII CDBG Funds through the Urban Hennepin County CDBG Program. The scattered-site housing program was eliminated this year, as those needs were being addressed through the Minnesota Cities Participation Program (MCPP) of the Minnesota Housing Finance Agency (MHFA), and addition. Also, $15,000 was designated toward an elevator at the Senior Center. The Human Rights & Services Commission reviewed the proposed use of these funds at its March meeting and recommended approval. . Grace Norris. Greater Minneapolis Day Care Association thanked the City for past contributions and for continued support for the Day Care program. There were no further comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 92-69 to submit the proposed Year XVIII Program. Motion carried unanimously. K. AMENDMENT TO YEAR XVII CDBG PROGRAM • Enger reported that the scattered-site housing program objectives were being met through the MCPP program of the MHFA. It was proposed that $15,000 previously designated for the Housing Rehab Program, and an additional $9,400 be allocated to the remove architectural barriers at a new City Hall. This latter transfer would help the City to comply with the provisions of the new Americans with Disabilities Act. The Human Rights & Services Commission recommended approval of these transfers at its March meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 92-49 for the Amendment to the Year XVII Program. Motion carried unanimously. L. V ACA TION 92-01 -Vacation of Drainaa:e and Utility Easements on Part of Outlot A. Menard Addition Existing easements would be vacated and new easements would be dedicated for drainage and utilities on the Eden Prairie Ford site. No one was present for the public hearing. MOTION: Jessen moved, seconded by Harris, to close the Public Hearing and adopt Resolution N. 92-73 to approve Vacation No. 92-01. Motion carried unanimously. 8 • M. VACATION 92-02 -Vacation of Drainaee and Utility Easements on Lots 1 and 2. BLock 1. Wyndham Knoll Existing drainage and utility easements would be vacated and new easements would be dedicated on property southwest of Dell Road and Pleasantview Road. No one was present for the public hearing. MOTION: Jessen moved, seconded by Harris, to close the Public Hearing and adopt Resolution No. 92-74 approving Vacation No. 92-02. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Jessen, to approve payment of claims. Motion carried, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "Aye." VI. ORDINANCES AND RESOLUTIONS • • A. FAIRFIELD 1992 AMENDMENT by Centex Real Estate. 2nd Reading of Ordinance 5-92-PUD-2-92, Planned Unit Development District Review with waivers, and Zoning District Amendment within the Rl-9.5 District; Approval of Developer's Agreement; Authorization of Summary of Ordinance and Ordering Publication of Said Summary; Final Plat Approval for Fairfield 9th Addition; and Final Plat for Fairfield 10th Addition. Location: North of Candlewood Parkway, west of Braxton Drive. Final approvals for the Developer's Agreement, zoning and plats for this subdivision were requested by the Developer. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to: 1) Approve 2nd Reading of Ordinance No. 5-92-PUD-2-92, Planned Unit Development District Review, with waivers, and Zoning District Amendment within the RI-9.5 Distirct on 21.8 acres; 2) Approve the Developer's Agreement for Fairfield 1992 Amendment; 3) Adopt Resolution No. 92-29, Authorizing Summary of Ordinance and Ordering Publication of Said Ordinance; and, 4) Adopt Resolution Nos. 92-57 and 92-58, Approving Final Plats for Fairfield of Eden Prairie 9th and 10th Additions. Motion carried unanimously. 9 B. 2nd Readine of Ordinance No. 8-92. Street Name Chanee for Portion of Equitable Drive to Anaeram Drive • Final approval of the ordinance amending the street name for a portion of Equitable Drive to Anagram Drive was requested by the land owner. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock to approve 2nd Reading of Ordinance No. 8-92, for a Street Name Change for a portion of Equitable Drive to Anagram Drive. Motion carried unanimously. VII. PETITIONS. REOUESTS AND COMMUNICATIONS VID. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES IX. APPOINTMENTS A. Human Riehts & Services Commission -Continued to April 21st meeting. B. Parks. Recreation & Natural Resources Commission -Continued to April 21st meeting. X. REPORTS OF OFFICERS A. Reports of Councilmembers • 1. Soccer Fields -Continued to April 21st meeting. 2. Resolution aeainst Leeislation Extendine Sales Tax to City Purchases -Continued to April 21 st meeting. B. Report of City Manaeer 1. Goals & Objectives -Continued to April 21st meeting. 2. Guidelines for Appointin2 Board/Commission members -Continued to April 21st meeting. 3. Update on Fill Permit in Pureatory Creek Recreation Area -Continued to April 21st meeting. C. Report of Director of Parks. Recreation & Natural Resource 1. Consideration for Construction of Second Ice Rink On February 4th, the Council authorized a budget maximum of $2.3 million for a second ice rink at the Community Center. Plans, specifications and cost estimates have been prepar. 10 • • based on a December, 1992, operating deadline. Lambert discussed the four actions required to accomplish this by that deadline. Questions were raised by Council members regarding the action item requiring a land trade with the Eden Prairie School District. The property owned by the City, but used by the School District at the Forest Hills Elementary School, consisted of 2.2 acres, which had been acquired via a LA WCON grant. Jessen questioned whether the City could complete the land trade with property involved in a LA WCON grant. Lambert stated that there were other land trade opportunities between the School District and the City, if this particular one was not possible due to the LA WCON grant. Concern was expressed by Councilmembers regarding the cost of maintenance for the new ice arena, and some members stated they would not be in favor of any tax increase for such a purpose. Staff was challenged to prQvide for the maintenance within the general operating budget. MOTION: Harris moved, seconded by Pidcock, to authorize Staff to 1) seek bids for the ice rink addition within the proposed budget; 2) request a land trade with the School District for 2.2 acrse at Forest Hills Elementary School, if possible, given the underlying LA WCON/HUD grant; 3) prepare for lease revenue bond project for funding this proposal; and 4) prepare plans and specifications for the second ice rink at the Community Center. Jessen reiterated the importance of clearing up the LA WCON/HUD matter with respect to any land trade at Forest Hills Elementary School. Motion carried unanunously. D. Report of Director of Plannina= 1. Summary of Transportation Demand Manaa=ement Stratea=Y Plan 1-494 Corridor Commission -Continued to April 21st meeting. E. Report of Director of Public Works F. Report of City Attorney XI.OTHER BUSINESS XII. ADJOURNMENT • MOTION: Jessen moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 11:40 P.M. 11 • • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST Apri 1 21, 1992 CONTRACTOR (fvIUL TI-FAMILY & cor1M.) Gavic Construction Corporation Mikal Hendrickson Homes, Inc. La~1ere Concrete & f1asonry, Inc. PLUMBING Anderson f1echancial, Inc. Doody Mechanical. Inc. Kingsway Plumbing Lundgren Bros. Plumbing Madsen Plumbing & Heating GAS FITTER Dependable Indoor Air Quality, Inc. Doody Mechani ca 1, Inc. Lundgren Bros. Plumbing Midwestern Mechanical Corp. HEATING & VENTILATING Cool Air t1echanical, Inc. Dependable Indoor Air Quality,Inc. Doody Mechanical, Inc. SEPTIC SYSTH1S Peterson/Bragelmann Company SCAVENGER Peterson/Bragelmann Company 3.2 BEER OFF SALE w. Gordon Smith Company TP1PORARY BEER Ootimist Club of Eden Prairie (4-25-92 & 4-26-92) These licenses have been approved by the department heads resoonsible for the licensed activity. OJ, (" Pat Solie Licensing .... .... PROCLAMATION for NATIONAL YOUTH SERVICE DAY WHEREAS, the future of our community, our state, and our nation depends upon the type of young people we raise to handle the affairs of tomorrow; and WHEREAS, it is the duty of all residents, parents, and youth organizations to develop a proper attitude among the young people of our community, and to provide them with the right examples, environments, and opportunities; and WHEREAS, the purpose of organizing a "National youth Service Day" is to reinforce in our young Americans the importance and excitement of helping others and in creating a public awareness of the positive contributions that young people make in the nation's progress; and to link their talents and resources to address some of the education, hunger, and homelessness, and assisting our elderly citizens; and WHEREAS, the city of Eden Prairie applauds the initiative of the co-sponsors of the National youth Service Day: The U.S. Conference of Mayors, the Jefferson Awards, The Points of Light Foundation and youth Service America; NOW, THEREFORE, I, Douglas B. Tenpas, Mayor the of city of Eden Prairie, do hereby proclaim: Tuesday, April 28, 1992 as NATIONAL YOUTH SERVICE DAY in the City of Eden Prairie and encourage our residents to participate in the festivities on this great day, and urge all area youths to become more involved in their cities and help build a brighter tomorrow. Proclaimed this 21st day of April, 1992. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-83 A RESOLUTION ESTABLISHING POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the following facilities are designated as polling places: Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Precinct 7 Precinct 8 Precinct 9 Precinct 10 Precinct 11 Precinct 12 King of Glory Lutheran Church 17850 Duck Lake Trail Eden Prai~e Assembly of God 16591 Duck Lake Trail Eden Prairie Fire Station #3 7350 Eden Prairie Road St. Andrew Lutheran Church 14100 Valley View Road Prairie Hill Evangelical Free Church 17200 Valley View Road Immanuel Lutheran Church 16515 Luther Way New Testament Church 12901 Roberts Drive Wooddale Church 6630 Shady Oak Road Immanuel Lutheran Church 16515 Luther Way Eden Prairie United Methodist Church 15050 Scenic Heights Road Eden Prairie Presbyterian Church 11609 Leona Road Eden Prairie Library 479 Prairie Center Drive Precinct 13 Hennepin Technical College 9200 Flying Cloud Drive ( • Precinct 14 Pax Christi Catholic Community 12100 Pioneer Trail Precinct 15 Eden Prairie Fire Station #2 12100 Sunnybrook Road Precinct 16 Pax Christi Catholic Community 12100 Pioneer Trail Precinct 17 Homeward Hills Park Barn 12000 Silverwood Drive ADOPTED by the City Council this 21st day of April, 1992. Douglas B. Tenpas, Mayor • ATTEST: John D. Frane City Finance Director/Clerk • • • • MEMORANDUM TO: Mayor and City Council THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources FROM: Stuart A. FOx~ager of Parks and Natural Resources DATE: April 15, 1992 SUBJECT: Resolution No. 92-75, Proclaiming May 2, 1992 as Arbor Day For the past 11 years, the City has been recognized by the National Arbor Day Foundation as Tree City USA, and earlier this month the City received this recognition at an awards ceremony at the University of Minnesota. When the City of Eden Prairie first became a Tree City USA in 1980, it was only one of 20 cities state wide to be selected and recognized for its comprehensive forestry program. This year, the awards were given out for the 1991 award winners, and the number of Minnesota communities being recognized as Tree City USA recipients has grown to 78. Participation in the Tree City USA program has enabled the City to highlight its comprehensive forestry program which includes an Arbor Day activity. For the past six years, annual Arbor Day Walk has been held at Staring Lake Park and will be held this year on May 2, from 9 a.m. to Noon. Attached is Resolution 92-75, which proclaims May 2, 1992, the day of the Arbor Day Walk, as Arbor Day is Eden Prairie. This resolution will be read during the short program that will be included in the activities of that day. SAF:mdd arbor/stu , . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESO'l"A RESOLUTION NO. 92-75 RESOLUTION PROCLAIMING MAY 2, 1992 AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the plant- ing of trees, and . WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and . WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood pro- ducts, and • WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our commu-• nity, and WHEREAS, trees, whenever they are pI anted, are a source of joy and spiritual renewal, and WHEREAS, Eden Prairie has been recognized as a Tree city USA by the National Arbor Day Foundation and desires to continue its tree planting ways, NOW, THEREFORE, I, Douglas B. Tenpas, Mayor of the City of Eden Prairie, do hereby proclaim May 2, 1992 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future gener- ations. ADOPTED, this 21st day of April 1992. Douglas B. Tenpas, Mayor ATTES+': John D. Frane, Clerk SEAL • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-76 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in Fairfield of Eden Prairie 8th Addition requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Engineer is here authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Control Commission. ADOPTED by the Eden Prairie City Council on April 21, 1992 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESQTA RESOLUTION NO. 92-77 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-251 -1992 Fire Hydrant Painting 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 APEX PAINTING as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with APEX Painting in the name of the City of Eden Prairie in the amount of $17.512.20 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 Co~ncil on April 21, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk -.' -MEMORANDUM- TO: Mayor and City Councilmembers THROUGH: Eugene A. Dietz, Director of Public Works FROM: Mary Krause, Project Engineer DATE: April 15, 1992 SUBJECT: Summary of Bids for I.C. 52-251 1992 Fire Hydrant PaiIiting Resolution No. 92-77 Sealed bids were received at 10:00 a.m. on Thursday, April 9, 1992 for the 1992 Fire Hydrant Painting. Four bids were received and are tabulated as follows: APEX Painting Company $ 17,512.20 I JMG Contracting, Inc. $ 18,184.771 Central Sandblasting Company $ 20,515.50 I Aadkins Refinishing $ 24,700.00 I The budget amount for this service is approximately $25,000. Therefore the award of I.C. 52-251 for Fire Hydrant Painting is recommended to APEX Painting Company in the amount of $17,512.20. Dsk:BID.52-251 MK:ssa • • • • • • -MEMORANDUM- TO: Mayor and City Council THROUGH: Eugene A. Dietz, Director of Public Works FROM: Mary Krause, Project Engineer . DATE: Apri116, 1992 SUBJECT: Summary of Bids -I.C. 52-253 1992-93 Maintenance Materials and Water Treatment Chemicals Bids were received on April 9, 1992 for the 1992 Street Maintenance Materials and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals. Resolution No. 92-78 shows the material or chemical, the recommended supplier and an extension of the unit price multiplied by the estimated amount of material to be purchased. Most of the bids are straight forward, however, the following bid item needs further explanation: MnDOT 2341 MIX: Three bids were received with the apparent low bidder being Commercial Asphalt, Inc. However, a cost analysis of time, equipment and labor for hauling the asphalt from the suppliers plant to a project site indicates an actual savings to use asphalt supplied from Midwest Asphalt Corp. (having their plant located in Eden Prairie versus Commercial Asphalt's plant location of Shakopee). CLASS 5 AGGREGATE: Five bids were received with the apparent low bidder being Midwest Asphalt Corp. The material supplied by Midwest is a 100% crushed recycled concrete and bituminous mixture. This recycled material is satisfactory for many of the City uses, but a virgin aggregate is still required at times. A cost analysis was done for the remainder of the bids comparing time, equipment and labor for hauling the aggregate. This analysis shows a savings of utilizing Bryan Rock Products as a supplier for the virgin aggregate. We recommend award of the MnDOT 2341 Mix to Midwest Asphalt Corp. We also recommend award of Class 5 aggregate recycled material to Midwest Asphalt Corporation and Class 5 virgin aggregate to Bryan Rock Products. MK:ssa 92-78 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-78 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-253 -1992-1993 Maintenance Materials and Water Treatment Chemicals bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Director of Public Works recommends award of Contract as follows: 1. MnDOT 2341 Mix Midwest Asphalt Corp. 15.95/Ton $119,625.00 2. Class 5 Aggregate-Virgin Bryan Rock Pr~ucts, Inc. $3.57/Ton 3. Class 5 Aggregate-Recycled Midwest Asphalt Corp. $2. 95/Ton 4. Class 2 Aggregate Bryan Rock Products $14,280 5.. Quicklime Cutler-Magner Company $135,000 6. Ferric Sulfate Dixie Petro-Chern, Inc. $24,758.72 7. Liquid Chlorine Hawkins-Feed Rite $14,682.00 8. Liquid Carbon Dioxide Liquid Carbonic Corp. $2,450.00 9. Pol yphosphate Dixie Petro-Chern, Inc. $15,652.00 10. Flouride Dixie Petro-Chern, Inc. $8,430.00 as the lowest responsible bidders. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are hereby authorized and directed to enter into a Contract with the above named suppliers for the amount listed in accordance with the specifications thereof approved by the City Council and on file in the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on April 21, 1992. Douglas B. Tenpas ATTEST: SEAL John D. Frane, City Clerk • • • ~ s:=. tJ\ .,... BIDDERS Drew Ind. Bryan Rock Products Cardox Commercial Asphalt Co. Cutler-Magner Company Dixie Petro-chem, Inc. Ed Kramer & Sons Feed-Rite Controls, Inc.-Hawkins Heller's Carbonic West, Inc. ].L. Shiely Company Koch Carbon Dioxide Liquid Carbonic Corp. Midwest Asphalt Corp. Over 100 ton Under 100 ton Mississippi Lime Company Mueller and Sons, Inc. Van Waters & Rogers, Inc. Boliden Mn/DOT 2341 MIX 15.25/ton 15.95/ton 17.95/ton 16.0/ton I.C. 52-253 -t;;i MATERIALS BID CLASS 5 CLASS 2 QUlCK-FERRIC 100% 100% LIME SULFATE Crush Crush 3.S7/ton 3.S71ton 67.S0/ton 135,000 221.06/ton 24,758.72 3 AO/ton 3 AO/ton 227.951ton 25,530.40 3.69/ton 3.691ton 2.9S/ton • 88.40/ton 176,800 3.80/ton 3.801ton • 11 2211b 25,132.80 227.90 25,524.80 - LIQUID LIQUID Polyphos-FLOUR- CHLORINE Carb pbate IDE Diox 0.7811b 21,840.00 320/ton 16,000 Z,7.20/ton Q.559/lb Q.28111b 16,320.00 15,652.00 8,430 Z,4.47/CII 0.5811b Q.2911b 14,682.00 16,240 8,700.00 75/ton 3,750 60/ton 3,000 49/ton 2,450 • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 92-79 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-254 -1992 City Street Striping 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 AAA STRIPING as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with AAA Striping in the name of the City of Eden Prairie in the amount of $ 15,303.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on April 21, 1992. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk -MEMORANDUM- TO: Mayor and City Councilmembers THROUGH: Eugene A. Dietz, Director of Public Works FROM: Mary Krause, Project Engineer ~\ "- DATE: April 15, 1992 SUBJECT: Summary of Bids for I.C. 52-254 1992 City Street Striping .. Resolution No. 92-79 Sealed Bids were received at 10:00 a.m. on Thursday, April 9, 1992, for 1992 City Street Striping. Three bids were received and are tabulated as follows: I AAA Striping I $ 15,303.00 1 I Twin City Striping 1 $ 15,642.051 I Deneson Striping I $ 16,059.391 The award of I.C. 52-254 for City Street Striping is recommended to AAA Striping in the amount of $15,303.00. Dsk:BIDS.52-254 MK:ssa • • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESqTA RESOLUTION NO. 92-80 A RESOLUTION APPROVING FINAL PLAT OF BOULDER POINTE 3RD ADDmON WHEREAS, the plat of Boulder Pointe 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Boulder P.ointe 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 15, 1992. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing proVISIons. ADOPTED by the Eden Prairie City Council on April 21, 1992. Douglas B. Tenpas, Mayor ATIEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering TechniCian&" ,:'1iA J DATE: Apri115, 1992 SUBJECT: Final Plat of Boulder Pointe 3rd Addition PROPOSAL: Robert H. Mason, Inc. has requested City Council approval of the final plat of Boulder Pointe 2nd Addition. Located at the southwest quadrant of Twin Lakes Crossing and Mitchell Road, the plat contains 27.9 acres to be divided into 20 single family lots, one outlot, and right-of-way dedication for street purposes. Outlot A contains 13.5 acres, ownership of which will be retained by the Developer for future development purposes. This proposal is a replat of Outlot A, Boulder Pointe 2nd Addition. • HISTORY: The preliminary plat was approved by the City Council August 6, 1991, per •. Resolution No. 91-179. Second Reading of Ordinance No. 23-91, Zoning District Change from Rural to Rl-13.5 was finally read and approved at the City Council meeting held August 20, 1991. The developer's agreement referred to within this report was executed August 20, 1991. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal streets, utilities and walkways will be installed throughout this project in conformance with the requirements of City Code and the Developer's Agreement. Street name "Weston Place" conflicts with another street name in Eden Prairie. The Developer has agreed to revise the street name to "Bradford Place" . PARK DEDICATION: Park dedication shall conform to the requirements of the City Code and the Developer's Agreement. • • • • Fmal Plat: Boulder Pointe 3rd Addition April 15, 1992 Page 2 of 2 BONDING: Bonding for all public streets and utilities, in conformance with the City Code must be provided prior to release of the final plat. RECOMl\fENDATION: Recommend approval of the final plat of Boulder Pointe 3rd Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee in the amount of $780. 2. Receipt of street lighting fee in the amount of $4,266. 3. Receipt of engineering fee in the amount of $800. 4. Revision of street name. 5. Satisfaction of bonding requirements. JJ:ssa cc: Robert Mason Homes Schoell & Madson, Inc. DSJ • rieke carroll muller associates, inc. e ineers :hitects , nd surveyors equal opportunity employer .901 red circle drive box 130 April 16, 1992 Mr. Rod Rue, P.E. City of Eden Prairie 7500 Executive Drive Eden Prairie, MN 55344 RE: Award of Contract Rowland Road/Old Shady Oak Road S.A.P.181-118-0l City Project No. 52-067 RCM Project No. 841026.05 Dear Rod: Ten (10) bids were opened on April 9, 1992 for the above referenced project. After review of all the bids submitted to the City of Eden Prairie, S.M Hentges & Sons, Inc., of Shakopee, Minnesota has submitted the lowest responsible bid. Following is a summary of the engineer's estimate and all bids received. Engineer's Estimate S.M Hentges & Sons Imperial Developers Ryan Contracting Brown & Cris Northdale Construction Widmer, Inc. Barbarossa & Sons Carl Bolander & Sons Richard Knutson, Inc. C.S. McCrossan $1,350,000.00 $1,197,912.30 $1,223,504.30 $1,287,981.00 $1,292,932.54 $1,334,712.55 $1,361,508.65 $1,468,197.89 $1,484,887.10 $1,504,717.01 $1,546,941.13 S.M Hentges & Sons, Inc.'s bid of $1,197,912.30 was approximately 13 percent below the engineer's estimate based on final quantities and II percent below the engineer's estimate in the feasibility study. We, therefore, recommend that the City award the project to S.M Hentges & Sons, Inc. in accordance with their proposal form. . arlson, P.E. Project Manager RIEKE CARROLL MULLER ASSOCIATES, INC. PJC/jj minnetonka, minnesota 55343 612-935-6901 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. 92-81 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-067, Rowland Road and Old Shady Oak Road Street and Utility Improvements 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 a'Yard of Contract to S.M Hentges & Sons, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with S.M Hentges & Sons, Inc. in the name of the City of Eden Prairie in the amount of $1,197,912.30 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 _A...:.p_r_i_'_2_1..:.... _1_9....:9_2 _______ ~ Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk • • • • • • -MEMORANDUM- TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Alan D. Gray, City Engineer DATE: April 16, 1992 SUBJECT: Columbine Road Right-of-Way Acquisition Wal-Mart Stores, Inc. The purchase agreement between Wal-Mart, Inc. and the City of Eden Prairie for Columbine Road right-of-way between Prairie Center Drive and Regional Center Road stipulates the construction of Columbine Road between Prairie Center Drive and Regional Center Road as a prerequisite to closing on the right-of-way acquisition. The agreement also stipUlated March 1, 1992 as a closing date for the right-of-way acquisition. Staff recommends that the City accept, in lieu of the completion of construction of Columbine Road prior to closing, the preparation of approved plans for Columbine Road in accordance with the purchase agreement, together with security in the form of a irrevocable letter of credit, disbursement agreement, bond or cash deposit guaranteeing the construction of Columbine Road by Wal-Mart, Inc. in accordance with the purchase agreement. If closing of the right-of-way acquisition is delayed until the completion of construction of Columbine Road, it is not likely to occur prior to September, 1992. If Wal-Mart's obligation to complete construction is waived based on completed and approved plans together with fmancial security for the construction of Columbine, the closing may proceed in May, 1992, subject to the seller's performance of all other obligations as outlined in the purchase agreement. Staff believes that this action would be consistent with the overall intent of the purchase agreement between Wal-Mart, Inc. and the City of Eden Prairie. ADG:ssa • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNF.SOTA RESOLUTION NO. 92-82 SUPPLEMENT NO.3 TO AGREEMENT NO. 64918 " DESIGN OF TH 5 FROM CSAH 4 TO CSAH 17 WHEREAS, the State of Minnesota and the City of Eden Prairie entered into Agreement No. 64918 for final design of TH 5 from CSAH 4 to CSAH 17; WHEREAS, the State of Minnesota and the City of Eden Prairie have agreed that additional work is required to complete said services, and WHEREAS, the State of Minnesota and the City of Eden Prairie desire to continue the services of the City's Consultant to accomplish this additional work. NOW, THEREFORE, BE IT RESOL VEO by the Eden Prairie City Council that said Supplement No.3 to Agreement #64918 is hereby approved and the Mayor and City Manager are hereby authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 21, 1992. Douglas B. Tenpas ATTEST: SEAL John D. Frane, Clerk CONSULTANT AGREEMENTS UNIT AGREEMENT NO. 64918-3 ( Supplement No.3: Total Adjusted Amount: MINNESOTA DEPARTMENT OF TRANSPORTATION ENGINEERING SERVICES FOR FINAL DESIGN SERVICES Supplement No. 3 to Agreement No. 64918 between $ 34,544.39 $510,644.39 The State of Minnesota, Department of Transportation and The city of Eden Prairie S.P. 1002 (T.H. 5) In Eden Prairie and Chanhassen EFFECTIVE DATE: 16A.15 Applied -Final Closeout of Agreement oSS • • • • • • INDEX SUBJECT Parties to the Agreement Explanation and Justification Revision 1.0 -Payment to the c~ty status of Original Agreement Approvals 64918-3 PAGE NO. 1 1 2 2 2 64918-3 THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, hereinafter referred to as the "City". Barton Aschman Associates, Inc. is referred to herein as the city's Consultant. WITNESSETH: WHEREAS the State and city entered lnto Agreement No. 64918 and Supplements No. 1 and 2 for final design services, and WHEREAS the state and City agreed that an audit was to be performed by the Mn/DOT Audit Section, and WHEREAS the state and city have agreed to accept the negotiated costs by Barton-Aschman Associates, Inc. established after the audit findings. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: - 1 - • • • • • • 64918-3 REVISION 1.0 -PAYMENT TO THE CITY section 6.0 of Agreement No. 64918 is hereby amended and modified to read as follows: 6.11 The State shall pay to the City as compensation in full for the services performed by the firm of Barton Aschman Associates, Inc., the City's Consultant, under this agreement the lump sum amount of $510,644.39. STATUS OF ORIGINAL AGREEMENT Except as amended and modified herein, the terms and conditions of Agreement No. 64918 and Supplements No. 1 and 2 shall remain in full force and effect. APPROVALS Before this supplemental agreement shall become binding and effective, it shall receive the approval of such State officers as the law may provide in addition to the Commissioner of Transportation. - 2 - IN WITNESS WHEREOF the parties have caused this contract to be duly executed intending to be bound thereby. APPROVALS CONTRACTOR: (If a corporation, two corporate officers must execute.) By ____________________________ __ Title __________________________ __ Date ____________________________ __ By ______________________________ __ Title __________________________ __ Date ____________________________ __ DEPARTMENT OF TRANSPORTATION: BY __ ~~~~~~~~--~--~-----(Authorized Signature) Title ----------------------------- Date ____________________________ __ As to form and execution by the ATTORNEY GENERAL: By ____________________________ __ COMMISSIONER OF ADMINISTRATION: By __ ~~~~--~~-------------­(Authorized Signature) Date ____________________________ __ COMMISSIONER OF FINANCE: By~----~----~--~----~--~~ (Encumbrance Center Authorized Signature) Date ____________________________ __ • • • • • • MEMORANDUM TO: Mayor and City Council THROUGH: Robert A. Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architec~ DATE: April 16, 1992 SUBJECT: Consultant Selections for Plans, Specifications and Construction Observation and Miller Park To ensure spring 1994 is the opening date for parks being constructed with bond referendum money, the City needs to hire a consultant to prepare construction drawings, specifications and to do construction observation at Miller Park. City staff will be available to supervise consultants doing Miller P;rrk, as well as in-house construction drawings for Pioneer Park and Riley Lake Park. A Request for Proposal was sent out to ensure the City would get the maximum amount of work for the consulting fees. Five proposals were received from firms ranging in price from $207,650 to $432,000. • • • • • RLK Associates, LTD Hansen Thorp Pellinen Olson, Inc. Rieke Carroll Muller Associates, Inc. Strgar-Roscoe-Fausch, Inc. BRW, Inc. $207,650 215,000 341,000 420,000 432,000 In the best interest of the City and Miller Park, staff recommends hiring the firm of Hansen, Thorp Pellinen Olson, Inc. The City staff has worked with this Eden Prairie based company many times with outstanding results. Money for the consultation fees will come from the 3.8 million dollars appropriated to Miller Park from the passage of the bond referendum. memo/barb • • • MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning and HRA THROUGH: Carl Jullie, City Manager DATE: April 16, 1992 SUBJECT: Architectural services for C.P.T. building remodeling, site modifications, special construction and interior design per space programs for City Hall, Community Rooms, S.W. Metro, Police pepartment, Eden Prairie Community Education Services and P.R.O.P. by the firm of Cluts, O'Brien, Strother Architects. Cluts, O'Brien, Strother Architects are nearly completed with Phase I of work on the C.P.T. building. (Programming square footage and space relationships.) Included in your packet is a copy of the proposed contract for Phase II which will allow them to move into preliminary design of the space. All work necessary to complete construction is included in this part of the contract. Please note the Preliminary Cost Estimate included on the next to the last page of the contract. If the City plans to assume obligations of all tenant improvements, these general cost estimates should be used in final purchase negotiations, lease negotiations and as part of basis for total bond issue. Both program numbers and cost estimates are very broad at this time and are important in general magnitude at this time. They will be refined more as the design process proceeds over the next six weeks. The contract is identical in approach to the contract entered into with Cluts, O'Brien, Strother Architects for design services for the Community Center, but due to the larger project cost, we recommend Errors and Omissions Insurance limit be increased from $500,000 to $1,000,000. We recommend the City Council authorize the Mayor and City Manager to enter into the contract for design services with Cluts, O'Brien, Strother Architects. THE AMERICAN INSTITUTE o F ARCHITECTS AlA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Fifteesth".:~-~ Nineteen Hundred and Nin ety-Two day of BETWEEN the Owner: City of Eden Prairie April (Name and address) 76DO Executive Drive Eden Prairie, MN 55341 and the Architect: (Name and address) For the following Project: Cluts, O'Brien, Strother Architects 7520 Market Place Drive Eden Prairie, MN 55344 (Include detailed description of Project, location, address and scope.) in the year of . C.P.T. Building remodeling, site modifications, special construction, • • and interior design per space programs for City Hall,Community Rooms, S.W. Metro, Police Department, Eden Prairie Community Education Ser~ices, and P.R.O.P. prepared by Cluts, O'Brien, Strother Architects dated April 15, 1992. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951,1953, 1958, 1961,1963, 1966,1967. 1970, 1974, 1977, ©1987by The American Institute • of' Architects. 1735 New York Avenue, N.W., Washington, D.C. 20006. ReproductiOn of the material herein or substantial quotatio,n of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT. FOURTEENTII EDITION· A1Aa • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141·1987 1 • • • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect'S employees and Architect's consultants as enumerated in Artides 2 and 3 of this Agreement and any other services induded in Artide 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall indude allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEANITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Artide 12 as part of Basic Services, and indude normal struc· turaI, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrlye at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- ,tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. • 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consiSting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based' on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare. for approval by the Owner, Design Development Documents consisting of drawings and other documents to fIx and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or qUality of -_ the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the tlnal Certitlcate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties. responsibilities and limitations of authOrity of the Architect shall not be restricted. modifIed or extended without written agreement of the Owner and Architect with consent of the ContractOr. which consent shall not be unreasonably withheld. AlA DOCUMENT 8141 • OWNER·ARCHITECT AGREEMENT. FOURTEENTH EDITION· AIA~ • ©191l7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. NW .• WASHINGTON. D.C . .!OO06 B141-1987 2 yJ n Ctg" 2.6.4 The Architect shall be a representative of:md shall advise :md consult with the Owner (1) during construction until final payment to the Contractor is due, :md (2) as :m Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authoritv to act on behalf of the Owner only to the extent provided ~ this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner :md Architect in writing to become generally familiar with the progress :md quality of the Work completed :md to determine in general if the Work is being performed in a m:m- ner indicating that the Work when completed will be in accor- d:mce with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the qUality or qu:mtity of the Work. On the basis of on-site observatiOns as :m architect, the Architect shall keep the Owner informed of the progress :md quality of the Work, :md shall endeavor to guard the Owner against defects :md deficienCies in the Work. (More extensive site representation may be agreed to as an Additional Serliice, as descnbed in Paragraph 3.2.) . 2.6.6 The Architect shall not have control over or charge of :md shall not be responsible for construction means, methods,. techniques, sequences or procedures, or for safety precautions :md programs in connection with the Work, since these are solelv the Contractor's responsibility under the Contract for conStruction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- d:mce with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of :my other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner :md Coritractor shall communicate through the Architect. Communications by :md with the Archi- tect's consult:mts shall be through the Architect. 2.6.9 Based on the Architect's observations:md evaluations of the Contractor's Applications for Payment, the Architect shall review :md certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tUte a representation to the Owner, based on the Architect's • observations at the site as provided in Subparagr:Iph 2.6.5 :md on the data compriSing the Contr:Ictor's Application for Pay- ment, that the Work has progressed to the point indicated :md that, to the best of the Architect's knowledge, information:md • belief, quality of the Work is in accord:mce with the Contract Documents. The foregoing representations are subject to :m evaluation of the Work for conform:mce with the Contract Documents upon Subst:mtial Completion, to results of subse- quent tests :md inspections, to minor deviations from the Con- tr:Ict Documents correctable prior to completion and to spe- Citlc qualifications expressed by the Architect. The issuance of a Certificate for Pavment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certitlcate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continupus on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods~ techniques, sequences or procedures, (3) reviewed copies of reqUisitions recFived from SubCOl'ltr:Ictors :md material sup- pliers :md other dlta requested by the Owner to substantiate the Contr:Ictor's right to payment or (4) ascertained how or for what purpose the Contr:Ictor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accord:mce with the provisions of the Contract Docu- ments, whether or not such Work is fabricated. installed or completed. However, neither this authority of the Architect nor a deciSion made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material :md equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review :md approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data :md Samples, bUt only for the limited purpose of checking for conform:mce with information given and the design concept expressed in the Contr:Ict Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy :md com- pleteness of other details such as dimensions :md quantities or for substantiating instructions for installation or perform:mce of equipment or systems designed by the Contr:IctOr, all of which remain the responsibility of the Contr:Ictor to the extent required by the Contract Documents. The Architect's review shall not constitUte approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of :m assembly of which the item is a component. When professional certification of perform:mce char:Icteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Ch:mge Orders :md Con- struction Ch:mge Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 :md 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor ch:mges in the Work not involving :m adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determinc the date or dates of Subst:mtial Completion :md the date of final completion. shall receive and forward [0 the Owncr for the Owner's review :md records written warranties and related documents required by the Contract Documents and assem· bled hy the Contractor, and shall issue a tinal Certiticate for Pav· ment upon compliance with the requirements of the Contr:tct Documents. 3 8141-1987 AlA DOCUMENT 8141 • OWNER·ARCHITECT AGREEMENT· FOURTEENTIi EDITION ..... IA •• ©19H7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W .• WASHINGTON. D.C 20006 • • • • • • 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with re:JSonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and dedsions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial ded- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's deCisions on matters relating to aesthe- tic effect shall be fmal if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques-: tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro-' vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services desCribed under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not reqUired, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- • tional Services are not required. the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is deSCribed in Subparagraph 2.6.5 is required. the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. directe . Architect. and the Architect sh:l sated therefor as bv the Ow duties, responsibilities and . ns of authority of Project Representatives s as describe edition Docum .2 current as of the date of this Agree 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide funhcr protec- tion for the'Owner against defects and deficiencies in the Work. but the furnishing of such project representation shall not modify the rights. responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings. Spedfications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enacunent or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including. but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, e."{cept for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data. evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings. Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction. and fur- nishing services reqUired in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor. by major defects or deficiencies in the Work of the Contractor. or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is party thereto. bids or providing ~ n I ding. negotia- tion or can r to the com Construc- 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 PrOViding analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys. site evaluations or com- parative studies of prospective sites. AlA DOCUMENT 9141 • OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION· AlA •• ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W .• WASHINGTON. D.C. 20006 8141-1987 4 3.4.4 .Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. separate contra heOwne' s and coordi- nation of servi m con construction 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, eqUipment and labor. 3.4.12 Providing analyses of owning and operating costs. required for or in e ection, procurement 3.4.14 Pre,. iaiflg S@PoiE@S fsf fllaARiAg tUAWlAt gr ;ep'a' spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. : tin , preparation of systems such as t ersonnel for operation an e manu' , 3.4.18 Providing services after issuance to the Owner of the fmal Cenificate for Payment, or in the absence of a fmal Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a pan of BasiC Services. . 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set fonh the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability, special eqUipment, systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and ItlSOnable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that fmancial arrangements have been made to fulfill the Owner's obligatiOns under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deciSions in a timely manner penaming to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitatiOns and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining propeny and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test • pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis-• tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's ApplicatiOns for Payment or to ascenain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of cenificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 • days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AlA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION· AlA-• ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 • • • ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, spedfied, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions ... Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fIXed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties heretO. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the ,Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the flxed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fIXed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submisSion of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a flxed limit of Construction Cost (adjusted as pro- vided irYS'ubparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: • 1 give written approval of an increase in such flxed limit; .2 ,authorize rebidding or renegotiating of the Project Within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fIXed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect'S service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutOry and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- dudble copies, of the Architect'S Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. regulatory req with the Pro'e r simi! ARTICLE 7 ARBITRATION connection n in deroga- 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currentlv in effect unless the parties mutually agree otherwise. . 7.2 Demand for arbitration shall be fIled in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or eqUitable proceedings based on such claim, dispute or other matter in question would be barred by the applic:tble statutes of limitations . AlA DOCUMENT B141 • OWNER·ARCHITECT AGREEMENT. FOURTEENTH EDITION· AlA"' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 6 7.4 The award rendered by the arbitrator or arbitrators shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be tenninated by either party upon .' nOt less than seven days' written nOtice should the other party fail substantially to perfonn in accordance with the tenns of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices perfonned prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. . 8.3 This Agreement may be tenninated by the Owner upon nOt less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may tenninate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperfonnance and cause for tennination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven davs' written notice to the Owner, suspend perfonnance of ser- vi~es under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. ts.6 In the event of tennination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Tennination Expenses as defined in Paragraph 8.7. . 3 ARTICLE 9 MISCElLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Tenns in this Agreement shall have the same meaning as those in AlA Document A20I, General ConditiOns of the Con- tract for Construction, current as of the date of this Agreement. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 'Architect shall assign' this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by bOth Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement. the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to h=rdous materials in any form at the Project site, including but not limited to asbestos. asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, lll10ng the Architect's promotional and professional materials. The Architect's materiaL~ shall not include the Owner's cont1dential or proprietary 'iniormation if the Owner has previouslv advised the Architect in writing of 7 B141-1987 AlA DOCUMENT 8141· OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA" • ©I9H7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 • • • the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional • credit for the Architect on the construction sign and in the pro- motional materials for the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10_9.1 .'t1l initi:til"lI! ffieRt lI!j set foFtR iR P8fSgfil(3R II I is IR@ minii'f'll:lfH I"II'fA'IeAI '"'REier IRis \gr{;GR'I~R' 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. • • ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. - 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1_4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 19.~.1 Ii eU(3@RS@ sf ESR'I(31,it@f aiQ@Q .h;giBR aRB Bl'ilftiAg eetl:lil"ffieRt titHe ..... ReR 1:iS@Q iR ESRR@€tisR v'itR IRe R~Qje .. t. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed. compensation for those portions of .the Project shall be payable to. the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction COSt for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- o dered or expenses incurred. .. 10.5 PAYMENTS WITHHELD 10.5.1 No deductiOns shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractOrs, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable, 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel E."<pense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: ·-'f1-?1-r1.1f---'1~\}~I-HI~~nHT'bI,,\1'.Lb-+'1P1A.-·,Y¥'~M.~,e,epjN+T-Eo~f------------------------!'D~g'l!lla!ar:e-sf'(S~---._o_-~ shall Be R'lade UPGIH~J«!EI:lfi~}fH*mi5-Agf<!~~i!Ad-€re6i£ed [Q Efle OWRer'S acco,",At ill HAal fJa~·R'leAI. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2 and anv other services included in Article 12 as part of Basic Services. Basic Compensation shall be computed as fOllows: ' . (Insert baSis of comp,msation. mcluding Stipulated sums, multIples (Jr perce1ltages, a1ld identiJy phases /() which particular methods oj compensatIOn apply. II necessary.) Compensation shall be 7.5% of construction cost (Preliminary Cost Estim~te attached) AlA DOCUMENT 8141 • OWNER·ARCHITECT AGREEMENT. FOURTEENTH EDlTlON • AlA-• © 19t17 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N,W .• WASHINGTON, D.C. 20006 8141·1987 8 . I 11.2.2 Where compensation is based on a stipulated sum or percemage of Construction Cost, progress paymems for Basic Services in each phase shall tmal me following percemages of me tola! Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Tola! Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES Fifteen percem<1s %) Twenty percem(20%) Forty percenl(40%) Five percem( 5%) Twenty percem( 20%) one hundred percem (100%) 11.9.1 FOR PRO:JECT R£PRESE~ITATIO~I ~iYO;'JI;l ~ A SIC SilU'lCiS, as d=&~rib=d i.R 1';;1':~8Qpb 3 ", cgmpcosatjPQ sbal! be mm. ~t:lte8 115 isl:ls·;rlB<! .' -' ~ .... 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Anicles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Anicle 12 as pan of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel E.xpense for Principals and employees, and identify Pri1lcipals and Classify employees. if required. Identify specific sen'ices to whicb particular methods of compensation apply, if necessary.) Hourly per attached schedule 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and mose provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of . ~--..:.' (). •.. 0 5 ~es me amounts billed to me Architect for such services. (Identify specific types of consultants in Artide 12, if required.) 11.4 REIMBURSABLE EXPENSES '11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of on e _ _ _ _ _ . ( 1,~ .. 0 ) times me expenses incurred by me Architect, me Architect's employees and consultants in the interest of me Project . • 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by mis Agreement have nm been completed wimin twenty-four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2, 11.5.2 Payments are due and payable thirty ( .' 30 ) days from me date of me Architect's invoice. Amountsunpaid forty-five (45 )daysaftermeinvoiceha:3 been received shall beat:' interest at th~ iegal rate provided in the State of Minnesota. (Insert rate of interest agreed upon.) (Usury laws ana reqUirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at tbe Owner's and Archi- tect's prinCIpal places Of bUSiness, the locatIOn Of tbe Project and elsewhere may affect the L'Q/idity Of tbis prrJIIlsion. specific leRal adt'ice should he obtained WIth respect to deletions or mOdifications, (/nd also regarding requirements such as wntten dlSdosures or waIVers.) 9 8141-1987 AlA DOCUMENT 8141 • OWNER·ARCHITECT AGREEMENT· FOURTEENTH EDITION. AlA-• ©1987 THE AMERICA. 'I INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ""(0 {~ .: • • • • • • 11.5.3 The f8U!S BAEI fNyltiplBs Sit ~rtR tQr A dd;$;OO,' Sendees shall he aoo''1 JJ y adj!Jsted in accordance Prirh pgrma' s2'a~r reu;enr' ,ra~tiE8S sf tA8 'ftiAittt€' ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included wi/bin Basic Compensation and modiflCOllons to tbe payment and compensation terms included in tbis Agreement.) This Agreement entered into as of the day and year first written above. OWNE~ City of Eden Prairie B~uglas B. Tenpas, Mayor ARCHITECT Brian Cluts (Signature) Carl J. Jullie, Manager Cluts, O'Brien, Strother Architects (Printed name and ttt/e) Presjd~nt AlA DOCUMENT 8141 • OWNER·ARCHITECT AGREEMENT. fOURTEENTH EDITION. AlA" • ©1987 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ------------------6'70 8141-1987 10 ADDENDUM TO SfANDARD FORM OF AGREEMENT BE1WEEN OWNER (Cl1Y OF EDEN PRAIRIE) AND CUITS, O'BRIEN, SfROTIIER ARCHITECfS MADE AS OF APRil. 15, 1992 (the "AGREEMENT'') The following changes, amendments and additions are made to the Agreement. In the event of any inconsistency between the text of the provisions contained herein and that of the printed fonn of the Agreement, those contained herein shall prevail. 2.6.3 Paragraph 2.6.3 is amended by striking everything after the word "Architect" on the third line. 2.6.4 Paragraph 2.6.4 is amended by-striking the language after the word "due" on the third line through the end of the sentence and by placing a period after the word "due". 2.6.5 Paragraph 2.6.5 is amended by inserting, after the first sentence, "Site observations shall be conducted by the Architect or his representatives a minimum of an average of one (1) time per week. 2.6.8 2.6.13 2.6.16 Paragraph 2.6.8 is amended to read as follows: "Communications regarding design or construction shall be through the Architect." Paragraph 2.6.13 is amended by striking the words "as provided ill Subparagraphs 3.1.1 and 3.3.3" appearing on lines 3 and 4. Paragraph 2.6.16 is amended by inserting the word "and" after the word "Contractor" in the second sentence on the sixth line and striking everything after the word "either' on the seventh line. Add the sentence: "Architect shall not be liable for construction costs related to his interpretations or decisions unless caused by Architect's negligence." 3.2.1 Paragraph 3.2.1 is amended by inserting the words "by the Owner' after the word "required" in the second line. 3.2.2 Paragraph 3.2.2 is deleted. 3.3.1 Paragraph 3.3.1 is amended by adding after the word "making" in the first line the word "major'. 1 -Ci.11 I {. / f • • • • • • 3.3.7 Paragraph 3.3.7 is deleted . 3.3.9 3.4.5 3.4.8 3.4.13 3.4.14 3.4.17 3.4.18 6.1 6.2 7.1 7.3 8.2 Paragraph 3.3.9 is deleted. Paragraph 3.4.5 is amended by adding, "except as provided elsewhere herein as Basic Services." Paragraph 3.4.8 is deleted. Paragraph 3.4.13 is deleted. Paragraph 3.4.14 is deleted. Paragraph 3.4.17 is deleted. Paragraph 3.4.18 is amended by sniking everything after the word "after' appearing on the third line and inserting the words "completion of the work described on the final punch list." Paragraph 6.1 is amended to read as follows: "Drawings and specifications as instruments of service shall be the property of the Owner, whether the project is executed or not. Copies may be retained by the Architect. Architect shall not be responsible for any modification of the drawings or specifications not made by him or the misuse thereof." Paragraph 6.2 is deleted. Paragraph 7.1 is amended to read as follows: "At the option of the party asserting the same, all claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof whereby the party asserting the same claims entitlement to damages or payment of less that $25,000.00 may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out of or relating to the Agreement or the breach thereof or the Project or the construction, the party making a claim in arbitration may dismiss such proceedings (unless the hearing on the claim has commenced) and elect to assert its claim in such action is such party could have done so but for the provisions of the Paragraph." Paragraph 7.3 is deleted. Paragraph 8.2 is amended by striking the last sentence thereof . 2 8.3 Paragraph 8.3 is amended to read as follows: This Agreement may be terminated by the Owner at any time upon not less than seven (7) days written notice to the Architect. If the project is abandoned by the Owner for more than 90 consecutive days the Architect may terminate this Agreement by giving written notice. In the event of termination, Architect shall be compensated as provided in Paragraph 8.6. 8.6 Paragraph 8.6 is amended by striking all of the words following the word "due" on the third line, adding a period after the word due and adding the following: "Such compensation shall be in accordance with the provisions contained in paragraph 11.2.1, but in no event in an amount greater than the maximum amount which Architect would be entitled pursuant to paragraph 11.2.1 for the phrase or phases then completed or in process. If termination occurs prior to completion of any phase, compensation for such phase shall equal that percentci"ge of the work completed for that phase times the amount provided in paragraph 11.2.1 for that phase." 8.7 Paragraph 8.7 is deleted. 9.1 Paragraph 9.1 is amended by striking "principal place of business of the Architect" and inserting "State of Minnesota". 9.3 10.2.1.1 10.2.1.6 10.3.1 10.5.1 11.1 11.3.1 11.5.1 " Paragraph 9.3 is deleted. Paragraph 10.2.1.1 is amended by striking the words "expenses in connection with the authorized out-of-town travel". Paragraph 10.2.1.6 is deleted. Paragraph 10.3.1 is deleted. Paragraph 10.5.1 is amended by striking the words "has been found to be" following the word Architect in the last line and inserting the word "is". Paragraph 11.1 is deleted. Paragraph 11.3.1 is deleted. Paragraph 11.5.1 is amended to read as follows: "If Basic Services" covered by this Agreement have not been completed within 24 months of the date hereof, through no fault of the Architect, compensation for Architect's services performed beyond that time shall be adjusted in an amount to be mutually agreed upon by the parties, provided 3 • • • • • • 11.5.3 12.1 12.1.1 12.2 however, such adjustment shall not exceed 10% of the amounts and/or rates provided or set forth herein. Paragraph 11.5.3 is deleted. In addition to those services described in Article 2, Basic Services through and including Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bidding or Negotiation Phase, and Construction Phase shall include, but not be limited to: Complete architectural/engineering services for site, excluding landscaping, building construction, structural engineering, mechanical and electrical engineering, acoustical treatment and engineering, and interior design. Approvals by the Owner shan not be deemed to be an assumption of responsibility and liability by the Owner for any defect in the designs, working drawings, and specifications or other documents prepared by the Architect, its agents, employees and others, it being the intent of the parties that approval of the Owner signifies the Owner's approval of only the general design concept of the improvements to be constructed. The Architect covenants and agrees to and does hereby indemnify and hold hannless the Owner, its officers, agents, and employees from any loss, damages, liability, or expense on account of damage to property and/or injuries (including death) to any person or persons, including employees or agents of the Architect, which might arise out of any negligence of the Architect, its employees, or agents. The Architect shall defend at its expense any suit or other proceedings brought against the Owner or its officers, agents, or employees on account of such negligence and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against Owner or its officers, agents, or employees in connection herewith; provided, however, this provision shall not be construed as requiring the Architect to defend, indemnify, or hold harmless the Owner, its officers, agents, or employees from loss, damages, liability, or expense on account of damage to property or personal injury, including death, arising out of negligence of the Owner, its officers, agents, or employees. With regard to any such suit or proceedings, Architect may select to retain for such defense, counsel as it may choose. 12.3 If any of the Construction Documents, consisting of plans, designs, drawings, and specifications, and any other document pursuant to which the Project improvements are to be constructed, are defective or deficient or not fit and proper for the construction of the Project improvements, Architect shall (unless such defect or deficiency is result of incorrect information supplied to the Architect by the Owner pursuant to the provisions hereof or , " 4 " unforeseen conditions of the existing building or site) make such changes, corrections, and modifications as shall be necessary to correct such defect or • deficiency and to make the same fit and proper for such construction without any additional compensation to the Architect. 12.4 Architect covenants that, commencing with the date of this Agreement and for a period of two years after final completion and acceptance of the Project, it shall maintain and keep in force a professional liability insurance policy insuring it against malpractice, errors, and omissions in an amount of not less than Five Hundred Thousand Dollars ($500,000.00). 12.5 The Architect agrees that during the life of this contract, he will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin, or ancestry, and will include a similar provision in all subcontracts entered into for the perfonnance hereof. This contract may be canceled or terminated by the Owner, and all money due or to become due hereunder may be forfeited for a violation of the terms or conditions of this paragraph. This paragraph is inserted in this contract to comply with the provisions of Section 181.59, Minnesota Statutes, incorporated with and made a part of this contract by reference. This Addendum to Standard Form of Agreement IS executed this ___ --', 1992. day of OWNER: THE CITY OF EDEN PRAIRIE By ____________________ __ Douglas B. Tenpas, Its Mayor By ____________________ __ Carl J. Jullie, Its Manager 5 ARCHITECT: CLUTS, O'BRIEN, STROTHER ARCHITECTS By~~~~--~-------­Brian Cluts, President • • • • • PREUMINARY COST ESTIMATE FOR TENANT IMPROVEMENTS TO THE C.P.T. BUILDING SPACE City Hall S.W. Metro Community Rooms Police Dept. School District P.R.G.P Subtotal Commission Number: 9202 April 15, 1992 SQ.Ff. $/SQ.Ff. 44,296 $20 1,668 $20 7,250 $30 28,870 $50 40,535 $20 2,915 $10 125,534 S.F . Subtotal TOTAL $ 885,920 $ 33,360 $ 217,500 $1,443,500 $ 810,700 $ 29,150 $3,420,130 Site Work 10% $ 342,013 Special Construction: New entrances, enlarge open area, upgrade common areas, $1,000,000 skylights, remove mezzanine & add windows, convert HV AC to gas, ADA Compliance, computer rooms, structural reinforcement FUTURE: School District P.R.O.P. 21,500 3,160 150,194 S.F. .c-. ''''J ( (, 0 Subtotal $4,762,143 Contingency 15% $ 714,322 Total $5,476,465 $20 $10 $ 430,000 $ 31.600 $5,938,065 ~ ~I""" ~ Cluts dBrien 8lrother MX.JllTECT~ CURRENT HOURLY RATES JANUARY 1992 ARCHITECTURAL Principals Registered Architects Designers Students & Clerical $90 per hour $50 to $60 per hour $35 to $50 per hour $30 to $35 per hour ENGINEERING EXPENSE 1.05 times the expense incurred by the Architect PRINTING EXPENSE 24x36 Blueline 30x42 Blueline 24x36 Paper Sepia 30x42 Paper Sepia 24x36 Film Sepia 30x42 Film Sepia DXF File Disk $1.50 each $2.00 each $3.00 each $5.00 'each $10.00 each $16.00 each $35.00 Each OTHER DIRECT COSTS Out of Metro Area Mileage .25 per mile Fax $1.00 per sheet • • • APRIL 21. 1992 23465 MN DEPT OF REVENUE MARCH 92 FUEL TAX 304.60 23466 HOPKINS POSTMASTER POSTAGE-SUMMER COMMUNITY PROGRAM BROCHURE 4491.30 t1 67 CITY OF LAKEVILLE MUNICI-PALS SPRING ijANQUET-CITY EMPLOYEES 105.00 68 BEST BUY ANSWERING MACHINE-POLICE FORFEITURE-DRUGS 99.87 3469 MIKE BOSACKER CONFERENCE ADVANCE-POLICE DEPT 250.00 23470 AMERICAN PUBLIC WORKS ASSN MANUAL-SEWER DEPT 25.00 23471 AMERICAN PUBLIC WORKS ASSN -ADDITIONAL FEE FOR PUBLICATIONS-EQUIPMENT 15.00 MAINTENANCE 23472 MN DEPT OF NATURAL RESOURCES -FIREARMS SAFETY INSTRUCTOR-OUTDOOR CENTER 115.00 PROGRAM/FEES PAID 23473 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 1005.38 23474 COOKIES BY DEB EXPENSES-CITY COUNCIL 11.18 23475 JASON-NORTHCO PROP LP#l APRIL 92 RENT-LIQUOR STORE 7225.33 23476 SUPPLEES 7 HI ENTER INC APRIL 92 RENT-LIQUOR STORE 5598.38 23477 EAGLE WINE CO WINE 456.55 23478 GRIGGS COOPER & CO INC LIQUOR 4249.06 23479 JOHNSON BROTHERS LIQUOR CO LIQUOR 12093.02 23480 ED PHILLIPS & SONS CO LIQUOR 7172.26 23481 PRIOR WINE CO WINE 1784.89 23482 QUALITY WINE & SPIRITS CO WINE 3159.77 23483 STEVE FUCHS REFUND-OUTDOpR CENTER PROGRAM 22.00 23484 DEBORAH FISHER REFUND-SWIMMING LESSONS 2.00 23485 JUDITH HUBER REFUND-FABRIC VALANCES CLASS 5.00 23486 ANN JOHNSON REFUND-AQUA AEROBICS CLASS 21.00 23487 WENDY MEYERS REFUND-SWIMMING LESSONS 22.00 23488 KARl SWALINKAVICH REFUND-LIFEQUARD TRAINING CLASS 59.50 23489 CHERI THOMPSON REFUND-PRESCHOOL GYMNASTICS CLASS 18.00 23490 SHERYL TRAINER REFUND-SWIMMING LESSONS 13.00 e 91 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 200.00 1192 ANCHOR PAPER COMPANY -COLORED COPY PAPER-CITY HALL/ORGANIZED 1000.96 -ATHLETICS PROGRAMIYOUTH RECREATION PROGRAMIRECREATION ADMINISTRATION 23493 MN CONWAY FIRE & SAFETY -EXTINQUISHER RECHARGING/O-RINGSIVALVE 1475.23 -STEMS/FACE SHIELDSIHELMET HARDWARE/FOG -MACHINE & CARRYING CASE-$810/2 AIR MASK -CYLINDERS-$840-FIRE DEPT/COMMUNITY CTR/ WATER DEPT 23494 NORTHERN STATES POWER COMPANY SERVICE 30745.32 23495 NORTHERN STATES POWER CO SERVICE 2379.60 23496 JERRY PRODOEHL -REPAIR & MAINTENANCE MANUAL-CIVIL DEFENSE 37.18 DEPT 23497 TRAVEL PROFESSIONALS CONFERENCE AIRFARE EXPENSES-POLICE DEPT 400.00 23498 U S WEST CELLULAR INC SERVICE 107.94 , 23499 KATIE CRUGNOLA -SERVICE-SEWING & ALTERATIONS FOR ICE SHOW 666.00 COSTUMES-COMMUNITY CENTER 23500 ALL AMERICAN BOTTLING CORP MIX 212.24 23501 BEER WHOLESALERS INC BEER 3447.80 23502 DAY DISTRIBUTING COMPANY BEER 12440.67 23503 EAST SIDE BEVERAGE CO BEER 23151.15 23504 HOME JUICE PRODUCTS MIX 16.44 23505 KIRSCH DISTRIBUTING CO BEER 366.20 23506 MARK VII DISTRIBUTING COMPANY BEER 16338.51 23507 MIDWEST COCA COLA BOTTLING CO MIX 290.48 .08 PEPSI COLA COMPANY MIX 338.83 09 POGREBA DISTRIBUTING INC BEER 838.90 14277754 '~(-)<"l ! ~ { ! 1 APRIL 21.1992 23510 23511 23512 23513 23514 23515 THORPE DISTRIBUTING COMPANY SANDRA F WERTS DELANO ERICKSON ARCHITECTS MN HOUSING FINANCE AGENCY AT&T DELEGARD TOOL CO BEER MILEAGE/EXPENSES-SENIOR PROGRAMS SERVICE-COMMUNITY CENTER ADDITION DEPOSIT-MN CITIES PARTICIPATION PROGRAM SERVICE -ANVIL/LOOP HOOKS/EXTENSION CORDSIBRUSHES/ -POLISHITAPE/PLUGS/DISC BRAKE/GREASE GUN/ -DRILL BITS/NUTS & BOLTSIWRENCHES/DRILL/ 23516 FEIST BLANCHARD CO CYLINDER BLOCK-EQUIPMENT MAINTENANCE -BRAKE SHOESIBRAKE CABLES/HOSES/FILTERS/ -BEARINGS/LAMPSIBRAKE PADS/CABLE TIES- EQUIPMENT MAINTENANCE 23517 GENUINE PARTS COMPANY -WIRE WHEELS/SPRAY CANS/OIL SEALS/GASKETS/ -SWITCHESIBRAKE CABLESIBATTERIESIBRACKETS/ -CYLINDERS/LAMPS/HOSES/SHIELDS/LIGHTS/ -BELTS/SEAT BELTS/U-BOLTS/ANTENNAIBEARINGS/ -CONNECTORS/SPARK PLUGS/SCRAPERSIBLADES/ -FLOOR MATS/ROTORSIMUFFLERITAILPIPESlTooL -BOX/CLAMPS-PARK MAINT/EQUIPMENT MAINT/ 23518 MERLINS HARDWARE HANK UTILITIES DIVISION -PAINTIBRUSHES/SCREWS/SNAPS/ROPEIHANDLES/ -RIVETS/HINGES/SANDPAPER//CARD FILE/ -THINNER/HEATER/NUTS & BOLTS-FACILITIES -DEPT/POLICE DEPTIPARK MAINT/EQUIPMENT 23519 U S WEST COMMUNICATIONS 23520 CITY OF RICHFIELD MAINT/COMMUNITY CENTER SERVICE MOTOR VEHICLE REGISTRATION & EXCISE TAX CONFERENCE-HUMAN RESOURCES DEPT -CONFERENCE-RECREATION ADMINISTRATION/ COMMUNITY CENTER 23521 EDINA PUBLIC SCHOOLS 23522 NATIONAL SEMINARS GROUP 23523 23524 23525 23526 23527 23528 23529 23530 23531 23532 23533 23534 23535 23536 23537 23538 CITY OF EDEN PRAIRIE UTILITY BILLING-SENIOR CENTER PATRICIA ERICKSON REFUND-SWIMMING LESSONS FEDERAL RESERVE BANK PAYROLL 4-3-92 SAVINGS BONDS FIRST BANK EDEN PRAIRIE PAYROLL 4-3-92 GREAT WEST LIFE ASSURANCE CO PAYROLL 4-3-92 HENN CTY SUPPORT & COLLECTION SER PAYROLL 4-3-92 CHILD SUPPORT DEDUCTION ICMA RETIREMENT TRUST-457 PAYROLL 4-3-92 INTERNAL REVENUE SERVICE PAYROLL 4-3-92 INTERNAL REVENUE SERVICE PAYROLL 4-3-92 INTL UNION OF OPERATING ENG APRIL 92 UNION DUES MN STATE RETIREMENT ASSN . PAYROLL 4-3-92 . MN TEAMSTERS CREDIT UNION PAYROLL 4-3-92 EXECUTIVE DIRECTOR-PERA PAYROLL 4-3-92 EXECUTIVE DIRECTOR-PERA PAYROLL 4-3-92 UNITED WAY PAYROLL 4-3-92 MN COMMUNITY BAND FESTIVAL -COMMUNITY BAND FESTIVAL FEE-ART & MUSIC PROGRAM 23539 MINNESOTA SAFETY COUNCIL INC 23540 COLORPRooF PRINTING INC 23541 MN DEPT OF NATURAL RESOURCES CONFERENCE-SAFETY DEPT PRINTING CITY MAPS-CITY HALL -WEED CONTROL APPLICATION PERMIT FEE-ROUND LAKE 23542 TROUT AIR 23543 U-HAUL 23544 CITY OF RICHFIELD 23073091 -TOUR & FISHING TRIP-SPECIAL TRIPS PROGRAM/ FEES PAID HITCHES MOUNTED-WATER DEPT MOTOR VEHICLE REGISTRATION & EXCISE TAX 23080.75 121.10 384.0 400 0 428.15 784.31 616.33 2417.67 437.16 5630.54' 2298.62 ~O 1.,0 37.69 19.00 150.00 65467.92 6504.00 32.00 2573.76 537.80 212.77 1153.00 50.00 25.00 34346.68 17.50 164.50 35.00 155.00 3049.00 52.00 107.10 3.0 11 6 APRIL 21.1992 23545 EAGLE WINE CO WINE 299.26 23546 GRIGGS COOPER & CO INC LIQUOR 3406.35 .~ JOHNSON BROTHERS LIQUOR CO WINE 8679.99 ED PHILLIPS & SONS CO WINE 7446.63 23549 PRIOR WINE CO WINE 1720.82 23550 QUALITY WINE & SPIRITS CO LIQUOR 4415.38 23551 ROBERT D AND DELLORA COLEMAN -1ST OF 3 PAYMENTS FOR LAND ACQUISITION-35978.87 CRESTWOOD NEIGHBORHOOD PARK 23552 NORTH STAR CHAPTER CONFERENCE-BUILDING INSPECTIONS DEPT 15.00 23553 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 1015.06 23554 PADGETT-THOMPSON CONFERENCE-FINANCE DEPT 145.00 23555 GOVERNMENT TRAINING SERVICES CONFERENCE-BUILDING INSPECTIONS DEPT 60.00 23556 CHRIS ENGER MARCH 92 EXPENSES-PLANNING DEPT 200.00 23557 MN PARK SUPERVISORS ASSN CONFERENCE-PARK MAINTENANCE 20.00 23558 ABBOTT PAINT & CARPET CO MASKING PAPER/BRUSHES-WATER DEPT 31.53 23559 AIRSIGNAL INC -APRIL 92 PAGER SERVICE-POLICE DEPT/FIRE 388.50 DEPT/COMMUNITY CENTER 23560 ALEXANDER BATTERY NORTH BATTERIES-FIRE DEPT 34.56 23561 AMERICAN LINEN SUPPLY CO -UNIFORMS-BLDG INSPECTIONS DEPT/FACILITIES 1667.66 -DEPT/EQUIPMENT MAl NT/STREET MAINT/ -PARK MAINT/OOMMUNITY CTRIUTILITIES DIV/ MATS-LIQUOR STORE 23562 AMERICAN WATER WORKS ASSOC PUBLICATIONS-WATER DEPT 293.48 23563 EARL F ANDERSEN & ASSOC INC -NUMBERS/POST BASES/CHANNEL POST ADAPTER-192.40 STREET MAINTENANCE 23564 KEN ANDERSEN TRUCKING WASTE DISPOSAL-ANIMAL CONTROL DEPT 25.00 23565 OON ANDERSON HOCKEY OFFICIAL/FEES PAID 431.00 .~ APTUS DISPOSAL OF HAZARDEOUS WASTE-PARK MAINT 495.00 ARMOR SECURITY INC -LOCK REPAIR/LEVER/INSTALLED PUSH PLATE & 260.15 -CYLINDER-PUBLIC WORKS BLDG/STARING LAKE PARK BLDG 23568 ASTLE FORD INTL INC -GASKETSITUBES/INSULATORSITHERMOSTATS/ 2038.50 -HOSES/CLAMPSIRINGS/CRANKSHAFTIRODS/ -FILTERS/SLEEVES/OIL PUMP/INJECTOR- EQUIPMENT MAINTENANCE 23569 AUTO CENTRAL SUPPLY PAINT-POLICE DEPT 36.16 23570 AUTOMOBILE SERVICE CO -TIE RODS REPLACEDIWHEEL ALIGNMENT-202.41 EQUIPMENT MAINTENANCE 23571 B & STOOLS -COUPLER/AIR HAMMER/SOCKETIBUTANE FUELI 197.03 CHISELIRING COMPRESSOR-EQUIPMENT MAINT 23572 CHARLIE BAHN ADAPTER/CRIMPER/SOCKET SET-EQUIPMENT MAINT 99.60 23573 BAN-KOE SYSTEMS INC DISPATCH TIME RECORDER RIBBON-POLICE DEPT 56.58 23574 BANTA ISG -CITYS SHARE OF PRINTING COMMUNITY 3207.00 PROGRAMS BROCHURE 23575 BATTERY & TIRE WAREHOUSE INC -BATTERIES/SEALED BEAMSIMIRRORSIBULBS/ 1326.91 -SPARK PLUGSIWINDSHIELD SOLVENT/POWER -STEERING FLUID/SIGNAL LIGHTS/FUSES/ -FLASHERSIMINI-LAMPS-CIVIL DEFENSE DEPTI EQUIPMENT MAINTENANCE 23576 BIFFS INC MARCH 92 WASTE DISPOSAL-PARK MAINTENANCE 225.00 23577 DAVID BLACK MILEAGE-COMMUNITY CENTER 36.25 23578 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 178.97 23579 BOYD HOUSER CANDY & TOBACCO CO CANDY FOR EASTER EGG HUNT-SOCIAL PROGRAMS 499.30 .~ BOYD OIL DISTRIBUTING OIL-EQUIPMENT MAINTENANCE 2288.00 BRINGERS EXPENSES-ELECTIONS DEPT 12.00 7762535 7/l0 APRIL 21.1992 23582 BRISSMAN KENNEDY INC -VACUUM MOTORIBRUSH ASSEMBLYIVACUUM 151.00 CLEANER REPAIR-FACILITIES DEPT 23583 BROADWAY EQUIPMENT CO PLAQUES/TROPHIES-ORGANIZED ATHLETICS DEPT ~. 23584 BOYER TRUCKS REGULATORS-EQUIPMENT MAINTENANCE 23585 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 324.67 23586 BUREAU OF BUSINESS PRACTICE PUBLICATIONS-SAFETY DEPT 69.72 23587 BUREAU OF CRIMINAL APPREHENSION CONFERENCES-POLICE DEPT 150.00 23588 BURNSVILLE SANITARY CO WASTE DISPOSAL-STREET MAINTENANCE 103.65 23589 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL-STREET DEPT 335.42 23590 STEVE CARNEY -FISHING INSTRUCTOR-OUTDOOR CENTER PROGRAMI 65.00 FEES PAID 23591 BILL CLARK OIL CO INC LUBRICANT/OIL-WATER DEPT 140.20 23592 CLEMENT COMMUNICATIONS INC POSTERS-SAFETY DEPT 456.56 23593 CLUTCH & TRANSMISSION SER INC -YOKEITUBING/CUT & WELD DRIVE LINE/CLUTCH 996.55 -PACKIBALANCING DRIVE LINEIBEARINGS/SEALS/ -FLYWHEEL/ADJUSTERSIBRAKE DRUM & MOUNTING/ BRAKE SHOES-EQUIPMENT MAINTENANCE 23594 CLUTS OBRIEN STROTHER ARCHITECTS -MARCH 92 SERVICE-REMODELING OF CPT BLDG 7637.53 FOR CIVIC CENTER 23595 CONNEY SAFETY PRODUCTS SAFETY TRACK ROLLIWRIST SAVERS-SAFETY DEPT 79.24 23596 CONTINENTAL LOOSE LEAF INC TABS-POLICE DEPT 71.00 23597 CROWN MARKING INC NOTARY STAMP/DESK SIGN-CITY HALL 41.25 23598 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 4975.72 23599 DALCO -CLEANING SUPPLIES-COMMUNITY CENTERIWATER 371.88 DEPT 23600 DATA SOURCE CONNECTING POINT COMPUTER SOFTWARE-FIRE DEPT 155.00 23601 DECORATIVE DESIGNS APRIL 92 SERVICE-CITY HALL 50.14 23602 DEM CON LANDFILL INC MARCH 92 WASTE DISPOSAL-STREET MAINTENANCE 1_ 23603 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 23604 DRISKILLS SUPER VALU -CONCESSION STAND SUPPLIES/EXPENSES-KIDS 11 . 6 KORNER PROGRAM/COMMUNITY CENTER 23605 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 2.37 23606 DRISKILLS SUPER VALU EXPENSES-SENIOR CENTER 66.43 23607 EDEN PRAIRIE SCHOOL DIST 272 -COFFEE & COOKIES-CIVIL DEFENSE DEPTI 783.96 -RENTAL OF RISERS-POOL SPECIAL EVENTS -PROGRAMIBUS SERVICE-SKI TRIPS PROGRAM/ -ROOM RENTAL-ADULT PROGRAMS/COPIES-SENIOR CENTER 23608 EDEN PRAIRIE TIRE & AUTO SERVICE -WHEEL ALIGNMENTSIWASTE DISPOAL-EQUIPMENT 118.25 MAINTENANCE 23609 CITY OF EDINA MARCH 92 WATER TESTS-WATER DEPT 220.00 23610 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 23611 EKLUNDS TREE & BRUSH DISPOSAL MARCH 92 WASTE DISPOSAL-FORESTRY DEPT 765.00 23612 ELVIN SAFETY SUPPLY INC HEARING PROTECTION MUFFS-EQUIPMENT MAINT 43.00 23613 JEFFREY R ELWELL MILEAGE-COMMUNITY CENTER 9.00 23614 EMPRO CORPORATION SPRAY GUN REPAIRINEEDLE-POLICE BLDG 79.40 23615 DELANO ERICKSON ARCHITECTS SERVICE-COMMUNITY CENTER ADDITION 31499.80 23616 RON ESS HOCKEY OFFICIAL/FEES PAID 83.00 23617 FINLEY BROS ENTERPRISES -ROPEINET POST RATCHETSIVINYL FENCING-12350.90 CUMMINS GRILL BALLFIELDS-$12173 23618 THE FITNESS STORE PEDAL STRAPS-FITNESS CENTER-COMMUNITY CTR 11.00 23619 FITNESS WHOLESALE EXERCISE BANDS-FITNESS CLASSES 38.60 23620 FLEXIBLE TOOL COMPANY -TRUCK WITH HIGH VELOCITY SEWER CLEANER-72471.00 SEWER DEPT • 13586358 1>'61 APRIL 21. 1992 23621 23622 23623 .24 FLYING CLOUD ANIMAL HOSPITAL LYNDELL FREY G & K SERVICES LISA GANNON 23625 COPY EQUIPMENT INC 23626 GOPHER STATE ONE-CALL INC 23627 JASON GOULD 23628 GOVERNMENT TRAINING SERVICE 23629 LEROY GUBA 23630 W W GRAINGER INC 23631 GROSSMAN CHEVROLET CO INC 23632 GUNNAR ELECTRIC CO INC 23633 HARRIS-BILLINGS CO 23634 ROZA HAUSER 23635 HEAVENLY HAM 23636 LAURIE HELLING 23637 HENNEPIN COUNTY TREASURER 23638 23639 23640 23641 • 42 43 23644 23645 23646 23647 23648 23649 HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN COUNTY TREASURER HENNEPIN TECHNICAL COLLEGE HERITAGE PRINT CENTER MARK HI LiliAN HOLMSTEN ICE RINKS INC SHARON HOWARD HUD USER INTL OFFICE SYSTEMS INC INSTY-PRINTS ISFSI GARY ISAACS 23650 DEAN R JACOBS 23651 JOHNSON CONTROLS 23652 KOKESH ATHLETIC SUPPLIES INC 23653 KRAUS-ANDERSON 23654 LAB SAFETY SUPPLY 23655 LAKE COUNTRY DOOR 23656 LAKE REGION MUTUAL AID ASSN 23657 LAKE REGION VENDING 23658 CINDY LANENBERG 23659 LANG PAULY & GREGERSON LTD 23660 ROBERT LANZI 23661 LEEF BROS INC 23662 L LEHMAN & ASSOCIATES INC CANINE SUPPLIES-POLICE DEPT MILEAGE-YOUTH RECREATION PROGRAM -TOWELS-PARK MAINT/COVERALLS/MOP HEADS- WATER DEPT f -KIDS KORNER PROGRAM DIRECTOR/SUMMER SKILL DEVELOPMENT INSTRUCTOR/FEES PAID -BLUEPRINT MACHINE REPAIRIMARKERS-STREET DEPT/ENGINEERING DEPT MARCH 92 SERVICE REFUND-OVERPAYMENT UTILITY BILLING SCHOOLS-POLICE DEPT HOCKEY OFFICIAL/FEES PAID -FLOOR CAUTION SIGNS/PADLOCKS/ROPE- FACILITIES DEPT/PARK MAINTENANCE -ONE TON 4/4 CAB & CHASSIS WITH PLOW- SEWER DEPT -REPLACED SECURITY LITE PHOTO CELL-CUMMINS GRILL HOMESTEAD -SCREWDRIVERIWRENCHESIHARDWARE-COMMUNITY CENTER QUIT SMOKING PATCHES-HUMAN RESOURCES DEPT EXPENSES-ELE9TIONS DEPT MILEAGE-RECREATION ADMINISTRATION -FILING FEES-PLANNING DEPT/SPECIAL ASSESSMENT EXTRACT TAPE-FINANCE DEPT FILING FEES-ENGINEERING DEPT FEBRUARY 92 BOARD OF PRISONERS-POLICE DEPT SCHOOLS-FIRE DEPT BUSINESS CARDS-UTILITIES DIVISION BASKETBALL OFFICIAL/FEES PAID FREON/GAUGE-ICE ARENA-COMMUNITY CENTER PHOTO PROCESSING-SOLID WASTE MANAGEMENT REPORT-PLANNING DEPT TONER/WASTE CONTAINER-CITY HALL FORMS-POLICE DEPT DUES-FIRE DEPT -VOLLEYBALL & BASKETBALL OFFICIAL/OFFICIAL COORDINATOR/FEES PAID SCHOOL-ASSESSING DEPT FILTERS-COMMUNITY CENTER -BASESIHOME PLATES/PITCHERS RUBBERSIBAT ANCHORS-PARK MAINTENANCE REFUND-HYDRANT METER DEPOSIT -PROTECTIVE EYEWEARIHELMET/COVER PLATES- SAFETY DEPT DOOR REPAIRS-POLICE BLDG/PUBLIC WORKS BLDG DUES-FIRE DEPT SUPPLIES-LIQUOR STORES MILEAGE-FIRE DEPT -JANUARY 92 LEGAL SERVICE-$11310/JANUARY 92 PROSECUTION SERVICE-$10347 MILEAGE-ORGANIZED ATHLETICS DEPT COVERALLS-EQUIPMENT MAINTENANCE -MARCH 92 LEGAL SERVICE-FLYING CLOUD LANDFILL 100.30 115.75 738.93 260.00 669.38 82.50 65.21 1579.00 63.00 120.15 17424.00 57.99 132.69 73.98 540.00 51.25 617.50 149.00 1827.62 1021. 20 94.00 32.00 850.25 6.92 4.00 308.00 26.50 60.00 446.00 34.00 149.84 2285.15 181.88 126.91 97.26 10.00 502.20 56.25 21657.50 68.75 229.25 3720.90 APRIL 21.1992 23663 LINHOFF CORPORATE COLOR -POSTERPRINTS/PHOTO-FORESTRY DEPT/SUMMER 120.60 COMMUNITY BROCHURE 23664 LUNDS EXPENSES-FIRE DEPT' II .g 23665 LUSIAN ELECTRIC FIXTURE REPAIR-LIQUOR STORE 23666 M-V GAS CO PROPANE CYLINDERS-OUTDOOR CENTER 153.75 23667 MACQUEEN EQUIPMENT INC -GUTTER BROOMS/SCREWSIWASHERSIBUSHINGS/ 245.47 -BOWLIMESH SCREEN-PARK MAINT/EQUIPMENT MAINTENANCE 23668 MASYS CORPORATION -MAY 92 COMPUTER MAINTENANCE AGREEMENT-1282.00 POLICE DEPT 23669 MATTS AUTO SERVICE INC TOWING-POLICE DEPT 45.00 23670 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYER-HISTORICAL & CULTURAL 35.00 COMMISSION 23671 SUSAN MCCARVILLE SCHOOLS-COMMUNITY CENTER 40.00 23672 MCGLYNN BAKERIES INC EXPENSES-COMMUNITY CENTER 31.16 23673 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE DEPT/SENIOR CTR 146.68 23674 AHMAD MCGOWAN VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 36.00 23675 MCNEILUS STEEL INC STEEL: PLATE-COMMUNITY CENTER 63.95 23676 MEDICAL OXYGEN & EQUIPMENT CO OXYGENIHYDROSTATIC TESTING-FIRE DEPT 118.25 23677 ME NARDS -MASKING TAPEIWooD SCREWS/PLywooDITREATED 181.06 LUMBER-ELECT,IONS DEPT/COMMUNITY CENTER 23678 METRO CHIEF FIRE OFFICERS ASSN DUES-FIRE DEPT' 60.00 23679 METROPOLITAN WASTE CONTROL COMM MAY 92 SEWER SERVICE CHARGES 169118.00 23680 MIDLAND EQUIPMENT CO STEEL PLATE-EQUIPMENT MAINTENANCE 25.85 23681 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 22.53 23682 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 401.18 23683 BRAD MILES CONFERENCE EXPENSES-POLICE DEPT 10.50 23684 MINNEAPOLIS FINANCE DEPT' HAZARDEOUS MATERIAL TRAINING-POLICE DEPT 2. 23685 MINNCOMM PAGING -APRIL 92 PAGER SERVICE-STREET MAINT/ UTILITIES DIVISION 23686 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 415.55 23687 MINNESOTA BLUEPRINT -BOND PAPER/COPIER REPAIR/SOLVENT/FILM 664.55 -NEGATIVE-ENGINEERING DEPTIBLDG INSPECTIONS DEPT'/PLANNING DEPT 23688 MN CONWAY FIRE & SAFETY GAUGES/2 INFRARED SCANNERS-$1790-FIRE DEPT 1886.90 23689 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER 93.50 23690 MTI DISTRIBUTING CO -OIL SEALS/SCREWSIBEARINGSIBELTS/SWITCH/ 1043.80 -SUSPENSION SEAT KIT/LATCH/CASTOR WHEELS/ WASHERS-PARK MAINT: 23691 WM MUELLER & SONS INC SAND-SNOW & ICE CONTROL-STREET MAINTENANCE 559.10 23692 JAN NELSON MINUTES-CITY COUNCIL 200.00 23693 BETH NILSSON SKATING LESSONS DIRECTOR/FEES PAID 673.54 23694 NORTH STAR ICE SUPPLIES-LIQUOR STORE 210.90 23695 NORTH STAR DODGE CENTER INC 3/4 TON 4/4 TRUCK WITH PLOW-WATER DEPT 15075.00 23696 NORTH STAR TURF INC BLADES/SPRINGS/NOZZLES-PARK MAINTENANCE 55.40 23697 PAPER WAREHOUSE -PLASTIC CUTLERY/PAPER NAPKINS/PLATES/ 20.70 -TISSUE/CUPSITABLECOVERS-OUTDOOR CENTER PROGRAMS 23698 PARAGON CABLE APRIL 92 SERVICE-SENIOR CENTER 3.10 23699 PARTAC PEAT CORPORATION PITCHERS MOUND MIX-PARK MAINTENANCE 669.00 23700 PEDERSON SELLS EQUIPMENT CO INC RINGIVALVE-EQUIPMENT MAINTENANCE 65.30 23701 TIM PELTIER CUSTODIAL SERVICE-OUTDOOR CENTER PROGRAM 25.00 23702 PENN CYCLE SKATES FOR RENTAL-COMMUNITY CENTER 1410.00 23703 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION • 23704 G C PETERSON MACHINERY CO INC BELTS/DISCS-PARK MAINTENANCE 19564607 APRIL 21. 1992 23705 PIONEER RIM & WHEEL CO HYDRAULIC BRAKES-EGUIPMENT MAINTENANCE 196.12 23706 PLASTIC PRODUCTS PLASTIC POUCHES-COMMUNITY CENTER 140.00 .07 PRAIRIE CYCLE & SKI SKATES FOR RENTAL-ccw.~UNITY CENTER 899.00 08 PRAIRIE ELECTRIC COMPANY INC -FIXTURE REPAIRIRECEPTACLE REPAIRS-PUBLIC 316.70 -WORKS BLDGIELECTRICAL SERVICE INSPECTION- COMMUNITY CENTER 23709 PRAIRIE OFFSET PRINTING ENVELOPES-POLICE DEPT 456.50 23710 PRESERVE REXALL DRUG -CUTTERS/SANDPAPER/PAINTITAPE/PHONE 33.00 ADAPTER-LIQUOR STORE 23711 JERRY PRODOEHL SCHOOL-STREET MAINTENANCE 86.75 23712 QUALITY WASTE CONTROL INC MARCH 92 WASTE DISPOSAL-WATER DEPT 282.75 23713 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED/ZAMBONI REPAIREDI 844.07 -SIDE MOUNT RADIATOR KIT/CAM SEAL- COMMUNITY CENTER 23714 RAINBOW FOODS EXPENSES-ORGANIZED ATHLETICS PROGRAM 29.46 23715 RESPOND SYSTEMS SAFETY VEST-SAFETY DEPT 240.10 23716 BARBARA RICE -SWIMMING INSTRUCTOR-ADAPTIVE RECREATION 30.00 PROGRAM 23717 RITZ CAMERA -FILM/FILM PROCESSING-FIRE DEPT/PLANNING 127.00 DEPT/COMMUNITY CENTER 23718 ROAD MACHINERY & SUPPLIES CO SPINNER & SANDING VALVE-EQUIPMENT MAINT 1505.00 23719 ROGERS SERVICE -ALTERNATOR/ALTERNATOR REPAIRIHYDRAULIC 299.41 PUMP MOTOR-EQUIPMENT MAl NT/SEWER DEPT 23720 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE 7514.85 23721 RONS MUSIC & GAMES SUPPLIES-LIQUOR STORE 75.49 23722 SAFETY-KLEEN CORPORATION CARBURETOR CLEANER-EQUIPMENT MAINTENANCE 72.75 23723 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/PARK MAINT/ 228.40 -PARK & RECREATION DEPT/ORGANIZED .24 ATHLETICS PROGRAM/POOL LESSONS SALLY DISTRIBUTORS INC CANDY FOR EASTER EGG HUNT-SOCIAL PROGRAM 511.60 23725 SANCO INC CLEANING SUPPLIES-COMMUNITY CENTER 46.44 23726 THE SANDWICH FACTORY INC EXPENSES-FIRE DEPT 34.40 23727 GEORGE SCHELL -VIDEO TAPE/EXPENSES-HISTORICAL & CULTURAL 46.73 COMMISSION 23728 DENNIS SCHIMMEL VOLLEYBALL OFFICIAL/FEES PAID 60.00 23729 SEARS -HANDLE-PARK MAINTIMICROWAVE REPAIR-WATER 60.93 DEPT 23730 SHADY OAK PRINTING PRINTING FORMS-ENGINEERING DEPT 31. 70 23731 SHAKOPEE FORD INC -SWITCHIBOLTS/PLUG OIL/BRAKE PADS/ARM REST/ 326.51 -INDICATOR LIGHTITUBE ASSEMBLYIREPLACED IGNITION COIL-EQUIPMENT MAINTENANCE 23732 SHIELY COMPANY GRAVEL-SEWER DEPT 103.11 23733 SIGNATURE CONCEPTS INC POLO SHIRTS-POLICE DEPT 480.70 23734 SIGNS R US INC STREET NAME SIGNS-STREET DEPT 60.00 23735 JIM SIMCHUCK EXPENSES-STREET LIGHTING DEPT 9.34 23736 SIMPLEX TIME RECORDER CO -TIME RECORDER MAINTENANCE AGREEMENT-588.16 COMMUNITY CENTER 23737 SIR SPEEDY PRINTING CENTER -PRINTING TICKETS-HISTORICAL & CULTURAL 18.00 COMMISSION 23738 ERIC SIT KARATE INSTRUCTOR/FEES PAID 216.00 23739 THE SKETCH PAD -TYPESETTING/PRINTING INVITATIONS-CITY 192.51 COUNCIL 23740 SNYDER DRUG STORES INC -CLEANING SUPPLIES-POLICE DEPTIMEASURING 26.87 .41 SPOONS-BLOCK PARTY PROGRAM/SENIOR CENTER THOMAS SOPCZYK MILEAGE/CONFERENCE-HUMAN RESOURCES DEPT 57.88 1624823 27~ APRIL 21.1992 23742 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-COMMUNITY CENTER/PARK MAl NT/STREET MAINT 23743 THE SPECTACLE SHOPPE INC -MAGNIFYING PROTECTIVE EYEWEAR/CASE/ ENGRAVING-FIRE DEPT ( 23744 SPORTS WORLD USA UNIFORMS-PARK RANGER 23745 SPS OFFICE PRODUCTS INC -OFFICE SUPPLIES-SAFETY DEPTIUTILITIES DIVISION 23746 EMMETT STARK -FILM/FILM PROCESSING-HISTORICAL & CULTURAL COMMISSION 23747 23748 23749 23750 23751 23752 23753 23754 23755 23756 23757 23758 23759 23760 23761 23762 23763 23764 23765 23766 STREICHERS PROFESSIONAL POLICE EQ OUTER SHELL VEST-POLICE DEPT BRAD SWANSON HOCKEY OFFICIAL/FEES PAID SWEDLUND SEPTIC SERVICE WASTE DISPOSAL-OUTDOOR CENTER SYSTEMS CONTROL SERVICES INC EQUIPMENT REPAIR-WATER DEPT LOWELL THONE EXPENSES-BUILDING INSPECTIONS DEPT TOLL COMPANY LIGHTER FLUID-PARK MAINT SHARI TRITCH GYMNASTICS INSTRUCTOR/FEES PAID TWIN CITY GARAGE DOOR CO DOOR REPAIR-WATER DEPT TWIN CITY OXYGEN CO LIQUIFIED CARBON DIOXIDE-COMMUNITY CENTER U S CAVALRY UNIFORMS-POLICE DEPT UNIFORMS UNLIMITED UNIFORMS-BUILDING INSPECTIONS DEPT UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT VALERIES FRESH FLOWERS EXPENSES-CITY HALL VlCOM INC WIRE MAINTENANCE AGREEMENT-COMMUNITY CTR TRIA D VIKESLAND MILEAGE-ADAPTIVE RECREATION PROGRAM VIKING LABORATORIES INC CHEMICALSITEST TABS-COMMUNITY CENTER VOSS LIGHTING LAMPS-COMMUNITY CENTER WATER PRODUCTS COMPANY MAGNETIC LOCATOR-PARK MAINTENANCE WATER SPECIALTY CO MOTOR UNIT FOR POOL VACUUM-COMMUNITY CTR LOIS NERIM WILDER -MEMOIR WRITING INSTRUCTOR-SENIOR PROGRAMS! FEES PAID 23767 DORIS WOLTER 23768 YALE INC EXPENSES-HISTORICAL & CULTURAL COMMISSION -AIR COMPRESSOR DRYER REPAIR/OIL SEPARATOR-- WATER DEPT 23769 ZEE MEDICAL SERVICE 23203 VOID OUT CHECK 23339 VOID OUT CHECK 23455 VOID OUT CHECK 621094 1ST AID SUPPLIES-CITY HALL 158.16 89.00 a 346.94 13.78 61.95 120.00 160.00 146.80 15.00 63.71 325.50 300.00 48.00 543.60 73.70 213.75 19.35 469.00 102.52 326.88 13.44 650.00 2450.00 18~ 2'-'1 1750.66 80.95 124.83- 2370.23- 120.97- $861739.63 • • DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 21 . POLICE DRUG FORFEITURE 31 PARK ACQUIST & DEVELOP 37 92 COMMUNITY CTR ADDITION 51 IMPROVEMENT CONST FD 60 IMPROVEMENT CONST FUND 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND $861739.63 • • 273962.67 4850.00 92474.90 52655.64 99.87 74436.37 31657.30 22.50 35.00 26403.03 264608.51 40218.84 315.00 • • • MEMORANDUM TO: Mayor and Councilmembers THROUGH: Natalie J. Swaggert, Staff Liaison FROM: Virginia Gartner, Chair Human Rights & Services Commission DATE: April 16, 1992 SUBJECT: Rental Housing Code The Rental Housing Code subcommittee, along with Kevin Schmieg, City Building Official, has worked with the City Attorney's Office to finalize the proposed Rental Housing Code for the City of Eden Prairie. The Human Rights & Services Commission is seeking the City Council's approval to conduct community information meetings with both landlords and tenants. The purpose of the meetings is to present the rationale for a Rental Housing Code, explain its content, and provide an opportunity to ask questions . The Commission plans to conduct three information meetings during the month of May. The first meeting will be held at City Hall for landlords and rental housing managers. Two additional meetings will be held for tenants. A public notice process will be used along with mailings and bulletins. Once the information meetings have been completed, the Rental Housing Code will be reviewed for any necessary changes and the final Rental Housing Code will be forwarded to you to consider for adoption as a City Ordinance. Attachment: Rental Housing Code pb/njs corres. m-rental code to cc SECTION . RENTAL HOUSING. 2/24/92 Housing3 Subd. 1. Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental buildings and structures within the City. The provisions contained· herein are in addition to other applicable provisions of the City Code and not in lieu thereof. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. Subd. 2. Scope. The provisions of this Section shall apply to all rental buildings. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this Section shall apply to the separate portions as if they were separate buildings. Subd. 3. Enforcement. A. Authority. The building official is hereby authorized and directed to enforce all of the provisions of this section. B. C. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Section, or whenever the building official or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any conditiqn or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this Section. If such building or premises is occupied, the building official or representative shall first present proper credentials and request entry; if such building or premises is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or representative shall have recourse to every remedy provided by law to secure entry. Substandard Buildings. All rental buildings or portions thereof which are determined to be substandard as defined in this Section constitute a violation of this Section and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Subdivision 10 of this Section. D. Modifications. Whenever there are practical difficulties involved in carrying out the provision of this Section, the building official may grant modifications for individual cases, provided that the modification is in conformity with the intent and purpose of this Section and that such modification does not reduce the level of any fire-protection requirements or structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the building official. E. Building Code Board of Appeals. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this Section shall be heard and decided by the Building Code Board of Appeals. The procedures for review or appeal shall be those set forth in Subdivision 11 of this Section. F. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, rent or let to another, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Section. • • • • • • Subd. 4. Definitions. For the purpose of this Section, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Uniform:Building Code. A. "Apartment house" is any rental building which is intended or designed to be occupied or which is occupied as the home or residence of three (3) or more families living independently in separate dwelling units and doing their own cooking in the rental building. B. "Building Code" is the Minnesota State Building Code adopted by the City. C. "Dwelling" is any rental building which is not an apartment house, lodging house or a hotel and which contains one or more dwelling units. D. "Dwelling unit" is a single unit situated within a rental building providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. E. "Efficiency dwelling unit" is a dwelling unit ·containing only one (1) habitable room and meeting the requirements of Section 1208 of the Building Code. F. "Family" is an individual or two (2) or more persons related by blood, marriage or adoption, including foster children and bona fide domestic servants employed on a full-time basis. G. "Guest room" is a habitable space in a hotel or lodging house designed or intended to be used or occupied or which is used for sleeping purposes by guests. H. "Habitable space" is a space or room in a rental building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. I. "Hotel" is any rental building or portion thereof containing six (6) or more guest rooms. J. "Hot water" is water supplied to plumbing fixtUres at a temperature of not less than 110 degrees F. K. "Lodging house" is any rental building containing not more than five (5) guest rooms. L. "Rental building" is any building or structure or portion thereof used, designed, or intended to be used for human habitation and for which use the owner receives, is entitled to receive or will receive consideration in the form of money, goods, labor, or otherwise. Consideration does not include compensation received by a family member from another family member living in the same dwelling unit. Subd. 5. Owner and Occupant Responsibilities. A. Owner. 1. 2. Owners of rental buildings shall construct and maintain said buildings in accordance with the requirements of this Section. No persons shall willfully or wantonly damage, mutilate or deface any exterior surface of any rental building by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved professional state of maintenance and repair. 2 3. No person shall let to another for occupancy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions; ( B. Occupants. 1. Each occupant of a rental building shall keep in a clean and sanitary condition that part of the dwelling unit and premises thereof which that person occupies or controls. 2. Every occupant of a rental building shall dispose of garbage and rubbish in a clean and sanitary manner by placing it in the disposal facilities. 3. No person shall occupy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions. Subd. 6. Space and Occupancy Standards. A. Light and Ventilation. 1. Each habitable space in a rental building shall be provided with: 2. a. Natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of ten (10) square feet, and b. Natural ventilation by means of openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of five (5) square feet. Bathrooms, water closet compartments, laundry rooms and similar rooms within a rental building shall be provided with natural ventilation by means of openable exterior openings having an area not less than one-twentieth of the floor area of such rooms with a minimum of 1-112 square feet. 3. Exterior glazed openings required for natural light and exterior openings required for ventilation shall open directly to the outside. Windows may open into a roofed porch where the porch: a. Abuts a street, yard, or court; and b. Has a ceiling height of not less than seven (7) feet; and c. Has the longer side at least sixty-five percent (65 %) open and unobstructed. 4. For the purpose of determining light and ventilation requirements, any habitable space may be considered as a portion of an adjoining habitable space when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. 5. Mechanical Ventilation. In lieu of exterior openings for natural ventilation, a mechanical ventilation system connected directly to the outside may be provided. a. Such system shall be capable of providing two (2) air changes per hour for each room in habitable space. One-fifth of the air supply shall be taken from the outside. 3 OJ)}/ (1 :...1 '-~ • • • • • • B. b. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system capable of providing five (5) air:{'.hanges per hour shall be provided. Sanitation. 1. Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. 2. Hotels. Where private water closets, lavatories and baths are not provided in a hotel, there shall be provided on each floor for each sex at least one (1) water closet and lavatory and one (1) bath accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one (1) for every additional ten (10) guests, or fractional number thereof in excess of ten (10). Such facilities shall be clearly marked for "Men" or "Women." 3. Kitchen. Each dwelling unit shall be ~rovided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted. 4. Fixtures. All plumbing fixtures in rental buildings shall be connected to a sanitary sewer or to an approved private sewage disposal system. Said plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. Said plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. 5. Room Separations. Every water closet, bathtub or shower required by this section shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door. Subd. 7. Mechanical Requirements. A. Heating. Each rental building shall be provided with heating facilities capable of maintaining a room temperature of seventy degrees F. in each habitable space at a point three (3) feet above the floor. Said facilities shall be installed and maintained in a functional and safe condition. B. Electrical. Where there is electrical power available within three hundred (300) feet of any rental building, said rental building shall be connected to such electrical power. Every habitable room shall contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one (1) electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one (1) electric light fixture. C. Ventilation. Where mechanical ventilation is provided in lieu of the natural ventilation required by Subdivision 5 of this Section, such mechanical ventilating system shall be maintained in operation during the occupancy of any rental building or portion thereof. Ventilation systems in parking garages under apartments shall be installed in conformance with the Building Code and maintained and operated as installed. The entire ventilation system must be maintained in proper working order at all times. Subd. 8. Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. Every guest room and habitable space intended for use as or used for sleeping shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. Such doors or windows shall be operable from the inside to provide a full, clear opening without the use of separate tools. 4 Subd. 9. Substandard Buildings. (t A. General. Any rental building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard rental building in violation of this Section. B. Inadequate Light and Ventilation. Inadequate light and ventilation shall include but not be limited to the following: 1. Lack of, or improper operation of required ventilating equipment in a rental building. 2. Lack of minimum amounts of natural light and ventilation required by this section. 3. Lack of required electrical lighting in a rental building. c. Inadequate Sanitation. Inadequate sanitation s~all include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories apd bathtubs or showers per number of guests in a hotel. 3. 4. 5. 6. 7. 8. 9. 10. 11. Lack of, or improper kitchen sink in a dwelling unit. Lack of hot and cold running water to plumbing fixtures in a hotel. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. Lack of adequate heating facilities in a rental building. Dampness of habitable space. Infestation of insects, vermin or rodents. General dilapidation or improper maintenance of a rental building. Lack of connection to required sewage disposal system. Lack of adequate garbage and rubbish storage and removal facilities as determined by the building official. D. Structural Hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. E. Hazardous Electrical Wiring. Electrical wiring hazards shall include but not be limited to the following: Electrical wiring which was installed in violation of laws in effect at the time of installation or electrical 5 • • • • • • F. G. H. wiring not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good condition t.r which is not being used in a safe manner. Hazardous Plumbing. Plumbing which was installed in violation of laws in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good condition or which is not free of cross- connections or siphonage between fixtures. Hazardous Mechanical Equipment. Mechanical equipment which does not comply with the mechanical requirements of this Section and which was installed in violation of laws in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no laws were in effect or which has not been maintained in good and safe condition. Faulty Weather Protection, which shall include but not be limited to the following: l. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. I. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved under the applicable laws and which have been adequately maintained in good and safe condition. J. Hazardous or Unsanitary Premises. Premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or other conditions exist. K. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Subd. 10. Notices and Orders of Building Official. A. Notice. Whenever the building official determines that a rental building is a substandard building, or that any other violation exists under this Section, or that there are reasonable grounds to believe that a violation exists, notice shall be given to the person or persons responsible therefore. Such notice shall: 1. 2. 3. 4. 5. Be in writing. Include a description of the real estate sufficient for identification. Describe the conditions found to constitute the violation. Specify the remedial action required. Require that any permits necessary to effectuate remedial action be secured and the work physically commenced within twenty (20) days and completed within such time as the building official shall determine is reasonable under the circumstances. 6 6. State that a motion for summary enforcement of the order will be made to the District Court unless, within twenty (20) days, work is physically commeri·:;ed or an answer is filed as provided for in Minnesota Statutes, 1990, Section 463.18. B. Emergency Orders. Whenever the building official finds that an emergency exists in relation to the enforcement of the provisions of this Section which requires immediate action to protect the health, safety or welfare of occupants of any rental building, the building official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this Section. When any such emergency shall be declared to exist the building official immediately shall report the same in writing to the city council. Every notice of emergency shall include the following language: "If you do not comply with this Order by the above date, the City may remedy the violation and assess the costs to you or allow the occupants to make the repairs and deduct the expense from the occupant's rent." Subd. 11. Appeal. A. Right to Appeal. Any person entitled to service under this Section may appeal from any notice and order served by the building official. B. Procedure. Appeal shall be made to the building official within fifteen (15) days after the notice and order is served. The appeal shall be made in writing and contain a brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the building official shall fix a date, time and place for hearing of the appeal by the Building Code Board of Appeals. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Subd. 12. Enforcement of the Order of the Building Official or the Building Code Board of Appeals. A. Compliance. After any order of the building official or Building Code Board of Appeals made pursuant to this Section shall have become fmal, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. B. Failure to Obey Order. If, after any order of the building official or Building Code Board of Appeals made pursuant to this Section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (1) cause such person to be prosecuted under subsection 1 of this subdivision or (2) commence an appropriate action in District Court. 7 • • • • • • MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: April 1, 1992 SUBJECT: Guidelines for Choosing Boards/Commission Members The attached memo from Ms. Provo outlines the results of our inquiries of other cities regarding their guidelines, etc. The Council may wish to review and discuss these following general guidelines and qualifications for the selection process: 1) Residency -6 months (if contested probably would not stand legally); 2) Education/Training/Experience/special Expertise - applicants should have something special along these lines; 3) Some record of prior involvement in community affairs, could be service clubs, fraternal organizations, neighborhood associations, etc.; 4) Good interpersonal skills; 5) Able to maintain at least 75% attendance record; and 6) Require that an application form be submitted answering specific questions, such as that used by the city of Plymouth. CJJ:jdp Attachments MEMORANDUM TO: Carl J. Jullie FROM: Joyce Provo DATE: March 23, 1992 SUBJECT: Guidelines/Requirements for Applicants for Boards/Commissions As requested by the City Council, I have called the following cities inquiring if they have certain requirements residents have to meet before being appointed to a board/commission.-Results are as follows: Golden valley Minnetonka Chanhassen Richfield Plymouth No guidelines (sent a copy of their application form, questions asked at interviews, and a synopsis of duties of each board/commissions) No guidelines (sent a copy of their application, and synopsis of duties of each board/commission) No guidelines No guidelines No guidelines (sent a copy of their application form, and information sheet sent to applicants) A couple of the cities I spoke with said they had tried asking for certain qualifications but found they did not work. If you would like me to check with other cities, I would be happy to do so. JDP Attachments • • • . 'fIT "II., ...,. ,...,,,IUGII Y ....... v 7 7800 Golden Valley Road Golden Valley, MN 55427 ----City Council Advisory Boards and Commissions Council Advisory Boards and Commissions recommend poliCy to the City Council and advise the Council on a variety of diverse issues. Advisory Boards and Commissions are staffed by citizen volunteers interested in serving their community. Delow is a list of Golden Valley's Boards and Commissions. !fone interests you, contact Judy Nally at 593-8006. She can give you m()l'e information and send you an application. You must be a resident of Golden VaHey to apply. • Board of Zoning Appeals (BZA) Hears requests for variances from the city code (zoning). Meets monthly, second Tuesday, 7:30 pill. Members: five Building Board of Review (BBR) Advises, recommends, and assists Council and administrative officers ofthe City in matters relating to the building codes and issutim:1: ufbuild.ing penuits. Meets monthly, first and third Monday::;, 8 pm. Memben.: up to six Civil Service Commission (eSC) Has ab~olute control and supervision over the employment, promotion, discharge, and suspension of police officers Of the Public Safety Dep.~r1rucJlt. Meets annually and on call. Members: three Human Rights Commission (HRC) Advises, recommends, and assists Council in matters of equal opportunity and elimination of unf.'lil' discriminatory practices. Meets monthly, second ThuTliday, 7:30 pm. Membenf: up to 12 Open Space and Recreation Commission (OS8cRC) Advises, recommends, and assists Council in policies and plans relating to open space needs, park.<; and recreation programs, trnil systems, and Brook.view Golf Course. Meets Inonthly, fourth Monday, 7 pm. Members: up to nine Planning Commission (PC) Advises, recommends, and assists Council in matters relating to planning and growth of the City, includ· illS matters relating to the social, economic, and physical enVirOIllIlt:nl. Meets monthly, second and fourth Mondays. 7 pm. Membt~rs: up to seven Co. . Phone; ~(j ,-() 1\ --.!'~'~""r!l -', . J 7.) -,~l1(J'. I;;:Fa=II-:-' -'f-" i I '~/'''I--/L_---+'F''--aX--;tI;---'---------I '--_-_).1.... ,-f ~City of Golden Vaney 7800 Golden Valley Road Golden Valley, MN 55427 ( • City Council Advisory Boards and Commissions Application Name -------_.-_._- Address .------.---.----~.---.-- Zip ____ _ Home Phone Number of years (months) resident of Golden Valley __ _ Employe.' ___ _ -------_._ ....... _-_ .. _ ... _------ Address ____ _ ___ . _____ ._ City __________ _ Zip __ ... __ . Work Phone Doesyour work r~qllire you to travel? (check one) .. ~ a great deal __ periodically __ very little _. not at all • no ynll have any special interests or training that you think a particular Board or Commission could use? (use separate sheet if necessary) --------~ ... , .... ---.. -.--.------~ ._----------_ ..... , .. _._-_._-,_ .. _----------~--- ._-------_ .. , ... ,_ ......... .. ----_ ... '_. __ ._------------_._ ...... -.. _------ ---_ .. __ .• -._._. ----,,--_ .. ,----_._---------_ ... 0'''-_ .. -.. Please number your choices according to preference: __ Board of Zoning Appeals __ Human Rights Commission __ Building Board of Review __ Open Space & Recreation Commission • Civil Service Commission ____ Planning Commission <71\ C " Date '--'j l--__ -, ----.~-........ __ ._. Signature • • • BOARD/COMMISSION INTERVIEW Name ----------~--------~----------------------- Date ____ _ 1. Why dre you interested in serving? 2. What particular skills, expertise, interest do you bring? 3. Impressions of Golden Valley: Positive? Negative? 4. Other comments: Explain Board/Commission role in Plan B. --------------------~--------------------~------------------------------------- RATING Knowledge of Community Invol vement with Community (through clubs. schools, churches, etc.) Ability to present information orally Flexible and open to var'ying perspectives Knowledge of BZA BBR esc iSsues/information 1 234 1 2 3 4 123 4 assigned to 5 5 5 Commission: HRC 1 OSRC 1 PC 1 Overall Impression 1 ? ~ 4 5 6 7 8 9 10 2 2 2 least 1 1 1 1 3 3 3 (Circle One) most 2 3 4 5 2 3 4 4 2 3 4 5 2 3 4 5 4 5 4 5 4 5 -------~~~---------------------- November, 1991 Dear Resident: Thank you for your inquiry regarding serving on the City's advisory boards, connnissicns, or cOnh'T.i ttees. Please complete and return the enclosed Background Information Form. Presently, the following groups serve as advisors to the City Council: Planning Commission Board of Zoning Adjustment Economic Development Authority Charter Commission Police Civil Service Commission Senior citizens Advisory Board Park Board In addition, from time to time, the Mayor appoints ad hoc committees to advise on specific issues. When an opening becomes available, the information you provide will be reviewed by the City council. You will be advised if you are being considered for an appointment and the Council's action regarding the appointment. Again, thank you for your willingness to serve our comm~nity. If you have any questions, please feel free to contact me. TMBjd encl. the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 55345-1597 office: (612)-939-82~~q8fax: (612)-939-8244 • • • • • • PLANNING COMMISSION Comprised of 7 members. Duties include assisting and advising the City Council in administration of the City Zoning Ordinance; conduct public hearings on matters as required by provisions of the Zoning Ordinance and Subdivision and Platting Ordinance and any other matters referred by the Councilor by ordinance. Following the public hearings required, the Planning Commission shall make its report and recommendation to the City Council and City Manager. Meetings are held at 6: 30 p.m. the first and third Thursday of each month. BOARD OF ZONING ADJUSTMENT Comprised of 7 members. The Board hears requests and decides appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this ordinance; hears requests for variances from the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, grants such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Zoning Ordinance. Meetings are the 2nd Thursday of each month at 6:30 p.m. ECONOMIC DEVELOPMENT AUTHORITY Comprised of 5 members .. Advises the City Council regarding economic development, housing and redevelopment matters, exercises certain powers as authorized by the City council, assumes powers and duties and obligations heretofore held by the Housing & Redevelopment Authority of the City. Meetings are held on the 1st Tuesday of each month at 6 p.m. CHARTER COMMISSION Comprised of 15 members. Primary responsibility for reviewing and recommending any amendments to the City Charter. Objectives include simplifying language, eliminating outdated provisions, conforming the Charter to recent state laws and analyzing whether there could be improvements to the existing City structure and operation. Meets on the 2nd Thursday of every month, 7 p.m. POLICE CIVIL SERVICE COMMISSION Consists of 3 members. Commission has control and supervision over the employment, promotion, discharge and suspension of all officers of Minnetonka's Police Department. Meetings are called whenever necessary. SENIOR CITIZEN ADVISORY BOARD Comprised of 16 members. Duties include attvising City Council • as to needs and status of seniors in the city, recommends ways in which those needs may be met; determine and assess existing resources in the city which may be utilized by seniors to meet their needs; evaluate and assess proposed programs, grants and other governmental activities which may impact seniors; recommend policies, goals and objectives for operation of the Senior Center, and working with staff and Senior Coordinator. Meets 2nd Tuesday of each month at 10 a.m. PARK BOARD Comprised of 6 members. Consults with City Council and staff in matters relating to parkland, park facilities, programs and finances. Includes long and ~hort range planning related to capital improvement projects, acquisition, development and use of parklands, park facilities, recreational and leisure time facilities and recreational programs. Members also represent the city on a Joint Recreation .Board, directing primary attention to the recreation programs and acti vi ties developed and offered through the Joint Board; makes recommendations to the City Council through the Joint Board concerning policies pertaining to recreational programs and acti vi ties. Meets 1st Wednesday of each month at 7 p.m. • • 'j • CITY OF ~A BACKGROUND INFORMATION FORM Thank you. 6oJr.. yOu.Jr.. .i..n.:teJLut bt .6 eJLv.i..ng on .the f " 6oJr.. the Ci;ty 06 Mittll~G:'Q-Yl-r:k~a-. ---"II"':":n-o':":Jr..::-:aT:e'7'Jr.. -rih..-a:t....."...-.ih"..-e-.MT"ay-oJr..-a,n-a ......... Co-un-cum-......-e-mb'e.Jt.6 have a be.t.teJL unde.Jt.6.ta.ncU.ng 0 n yOu.Jr.. back.gJr..Ound and .i..n:teJr.e6:t6, piea.6e pJr..Ov.i..de the noUow,[ng .i..n6oJr..- ma.ti.on: NAME DATE HOME ADDRESS PHONE NUMBER HOW LONG HAVE YOU LIVED IN MlNNlITONKA? __________ _ BUSINESS NAME TITLE BUSINESS ADDRESS PHONE NUMBER ---------------------------------------------------------------- • EMPLOYMENT BACKGROUND: • PRIOR EXPERIENCE ON CITY BOARDS •. COMMITTEES OR COMMISSIONS AND/OR BACKGROUND THAT MAY BE HELPFUL TO YOU IN THE AREA YOU HAVE INDI- CATED AN INTEREST IN: CIVIC GROUPS. ETC. MEMBERSHIPS: °C"" ( ;' \; I) C.. ~' i .... Application received by City on: Commission(s) Applied for: 1st Choice: 2nd Choice: CITY OF PLYMOOTH APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION Personal Information Name: Home Phone: Home Address: Lived in Plymouth Since: Property Owned in Plymouth (other than residence) : Occupation Present Employer: Work Phone: ------------------------- Position Title: Education Zip Code Course Work Taken Beyond High School Institution To/From Degree/Credits Area of Emphasis Civic Experience List other civic experience you have had including name of organization, dates of participation, name of city, position held and accomplishments: • • • ~ Opinion Ouestions ~ ~ What do you believe you could contribute to the community if appointed to a City Board or Commission? How do you believe you would benefit if appointed to a Board or Commission? As a Board or Commission member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? I would be available for Board/Commission meetings on the following evenings (circle): Mon. Tues. Wed. Thurs. Fri. Signed: Date: The selection process will vary according to the number of applicants and openings and may not include interviews with all candidates. Please return completed application to: City Clerk City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Thank you! 3/91 INFORMATION FOR APPLICANTS TO PLYMOOTH'S ADVISORY COMMISSIONS Background Information Plymouth City Ordinance provides for the creation of advisory commissions including Planning, Park and Recreation, and Board of Adjustments and Appeals. The purpose of each advisory commission is to provide input to the City Council from concerned residents regarding specific issue areas addressed by each commission. Membership on a commission is voluntary and appointments are made by the City Council for two or three .year terms. Council procedure for filling commission positions generally consists of a review of applications, Council interview of prospective commissioners and selection of successful applicants. This handout is designed to provide you with summary information regarding each of the commissions and information about what you can expect as a commissioner on a Plymouth advisory commission. In General Volunteer commissioners invest a substantial amount of time (anywhere • from 10 to 40 hours per month) to commission related activities. In. many cases, commissions have subcommittees selected to deal with specific issues which occasionally arise. Commissions meet once, and in some cases, twice per month. Work sessions may be scheduled periodically. Prior to the regularly scheduled meeting, commissioners receive an agenda packet which contains staff reports and substantial background information briefing the commissioners about petitions, applications, etc., to be considered at the meeting. Staff reports are often quite detailed; two or more hours will be required to review an agenda packet to become fully familiar with agenda items. Commissioners are expected to maintain regular attendance at the monthly meetings, participate in the formal meeting, physically review sites, when appropriate, and render decisions based upon the overall good to the community as opposed to more parochial interests. Periodic self evaluations regarding attendance and performance are completed by each commission member for the chairperson of the commission and subsequent review by the City Council. Commissioners recognize that their respective commissions are advisory and do not have policy-making power. The City Council will give thorough consideration to commission recommendations in dealing with subject matter coming before it. Data About ,Plymouth Advisory Commissions I. PLANNING COMMISSION A. Regularly meets: 7:00 p.m., second and fourth Wednesdays of • _ each month. • • • B. Purpose: The Planning Commission i~ established under the provisions of the Minnesota Municipal Planning Act. As such, it is responsible for reviewing requests and applications by petitioners to ensure that such petitions conform with the City's land use regulations and Comprehensive Plan. C. Membership: The Planning Commission consists of seven members, four of whom are appointed from four districts within the City. The four districts are shown on the attached map. Three members of the commission are appointed from the City at large. Members of the commission are appointed by the Council for staggered three year terms expiring January 31 of each year. The Chairperson and Vice Chairperson are appointed by the commission from among members of the commission for a term of one year. D. Duties and Responsibilities: The powers and duties of the Planning Commission include preparation and submittal of the comprehensive plans and periodic amendments thereto to the City Council for implementation, periodic review and study of the provisions of the Plymouth Zoning Ordinance and subdivision regulations, study of applications for amendments to the Zoning Ordinance, and applications for special permits, site plan approval and preliminary and final plats. In each of the above capacities the commission submits recommendations to the City Council for consideration at regular City Council meetings. II. PARK AND RECREATION ADVISORY COMMISSION (PRAC) A. Regularly meets: 7:00 p.m., second Thursday each month. B. Purpose: The purpose of the Park and Recreation Advisory Commission is to review current and future community park and recreation needs, programs, and facilities and recommend actions which will promote the implementation of the City's park and recreation plans. C. Membership: The Park and Recreation Advisory Commission consists of seven members, four of whom are appointed one from each of the districts shown on the attached map. Three commissioners are appointed from the City at large. Members are appointed by the Council for staggered three year terms expiring on January 31 of each year. The Chairperson of the commission is appointed by the commission from among the members of the commission for a term of one year. D. Duties and Responsibilities: The Park and Recreation Advisory Commission is responsible for holding meetings to consider matters pertaining to parks and public recreation programs in the City, preparing and submitted to the City Council a comprehensive plan and periodic amendments for the 0)00 ·~ ". . future development of the City park and recreation system, and to act in an advisory capacity: to the Council on all • matters relating to park and recreation programs and issues in the City. III. BOARD OF ADJUSTMENTS AND APPEALS A. Regularly meets: 7:00 p.m., second Tuesday of the month. B. Purpose: The purpose of the Board is to hear appeals and, where appropriate, grant adjustments to administrative determinations of the Zoning Ordinance in accordance with procedures and guidelines set forth in the Zoning Ordinance. C. Membership: The Board consists of one Planning Commissioner and six residents of the. community appointed at large. The Zoning Administrator (Building Official) serves as an ex officio member without voting rights on the Board, The Board is appointed by the Mayor and City Council with citizen members appointed for three year terms. The Commission appoints the Chairperson from the citizen members of the Board. D. Duties and Responsibilities: The Board is responsible for the consideration of applications for variances and modifications to provisions of the Zoning Ordinance relating to height, yard, area and lot width and depth regulations, • sign regulations, parking and load regulations, fence regulations, minimum floor area requirements, and district boundary lines for special protection districts. Procedures for Board operations are set forth in greater detail in Section 11 of the Plymouth Zoning Ordinance. For More Information More detailed data regarding the purpose, procedures and regulations governing each commission may be found in Section 305 of the Plymouth City Code and, in the case of the Board of Adjustment and Appeals, in Section 11, Subd. C of the Plymouth Zoning Ordinance. STAFF Planning Commission Chuck Dillerud 550-5059 Park & Recreation Eric Blank Advisory Commission Board of Adjustment Joe Ryan and Appeals 550-5131 550-5031 COMMISSION CHAIR Michael Stulberg Frank Freels Chuck Ulmer •