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HomeMy WebLinkAboutCity Council - 06/19/2001 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 19,2001 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER • II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION MONTH V. PRESENTATION OF MINNESOTA RECREATION AND PARKS ASSOCIATION AWARDS OF EXCELLENCE VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5,2001 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2001 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd Reading Planned Unit Development District Review on 7.2 acres,Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres, Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres, and Site Plan Review on 7.2 acres. Location: Pioneer Trail and Hennepin Town Road. (Ordinance for PUD District Review,Zoning Amendment and Zoning Change and Resolution for Site Plan Review) C. FLYING CLOUD BUSINESS PARK by Moen-Leuer Construction. 2nd Reading for Planned Unit Development District Review with waivers on 19.3 acres,Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres, and Site Plan Review on 19.3. Location: Northwest Corner of Pioneer Trail and CITY COUNCIL AGENDA June 19,2001 Page 2 Flying Cloud Drive. (Ordinance for PUD District Review and Zoning Change and Resolution for Site Plan Review) D. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF FLYING CLOUD BUSINESS PARK E. ADOPT RESOLUTION DECLARING THE CITY'S INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2002 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR TRAFFIC,TRAIL,AND WATERMAIN IMPROVEMENTS AT THE INTERSECTION OF TH 212/VALLEY VIEW ROAD/BRYANT LAKE DRIVE,I.C. 01-5543 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR THE 2001 BOG-MONITORING PROGRAM AT THE BEARPARTH GOLF AND COUNTRY CLUB H. APPROVE HENNEPIN COUNTY RIGHT-OF-WAY USER REGISTRATION APPLICATION I. APPROVE RAISING AMOUNT OF DUES PAID TO THE I-494 CORRIDOR COMMISSION FROM 10 CENTS PER CAPITA TO TWENTY CENTS PER CAPITA J. APPROVE 2ND READING OF AN ORDINANCE REPEALING CITY CODE SECTION 2.27 AND ABOLISHING THE FLYING CLOUD ADVISORY COMMISSION IX. PUBLIC HEARINGS/MEETINGS A. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution) (Continued from June 5,2001) B. FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.30 TO CLARIFY WATER USAGE RESTRICTIONS B. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 2- 2001,WHICH GRANTED A CABLE SYSTEM FRANCHISE TO EVEREST MINNESOTA,LLC CITY COUNCIL AGENDA June 19,2001 Page 3 C. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 3- 2001,WHICH GRANTED A CABLE SYSTEM FRANCHISE TO WIDEOPENWEST NIINNESOTA,LLC XII. PETITIONS,REQUESTS AND COMMUNICATIONS A. MORRAINE WAY POND XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. PARKS AND RECREATION CITIZEN ADVISORY COMMISSION XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 2000 Comprehensive Annual Financial Report(CAFR) E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Outside Storage Facility Acquisition F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION XVII. ADJOURNMENT _v1L . A UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 5,2001 5:00-6:55 PM, CITY CENTER HERITAGE ROOMS I&II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert,Public Safety Services Director, Jim Clark,Parks and Recreation Services Director Bob Lambert, City Attorney Ric Rosow,Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris was not present at the beginning of the meeting, so acting Mayor Nancy Tyra- Lukens called the meeting to order at 5:30 p.m. II. APPROVAL OF AGENDA III. BUDGET DISCUSSION Biannual Budget Process City Manager Enger said the Council and staff are currently developing the 2002/03 budget and 2002/08 CIP. The 2002 budget and CIP will be formally adopted this year, and the 2003 budget and CIP will be formally adopted next year. Financial Services Director Uram noted that this is the City's third time through the biannual budget process. Advantages Enger noted the following advantages to the biannual budget process: • Strategic planning occurs every two years • A longer-term perspective is fostered • Financial planning is improved • Processes are streamlined • Staff and Council have more time to focus on other critical issues Limitations Biannual budget process can have the following drawbacks: • Revenues and expenditures are less certain this far in advance ■ Budget decisions may become outdated • Economic conditions may change Enger said staff would will incorporate the following goals in the budget planning process: ■ Coordination of the budget with the Strategic Plan ■ Compliance with any new tax legislation I • Maintenance of reasonable tax impacts • Funding of necessary services/staffing • Funding of capital improvements COUNCIL WORKSHOP MINUTES June 5,2001 Page 2 CRITICAL BUDGET-RELATED ISSUES Legislation Uram said the legislature will likely reinstate levy limits. Since the City expects the levy increase to be in the same range as last year,levy limits should not adversely affect the City. Personnel Management Services Director Swaggert discussed potential budget impacts related to the following issues: • Increasing employee turnover and retention costs • Rising healthcare costs • Renegotiation of many of the City's 2-year employment contracts • Increasingly complex and changing technology,which translates into increased staffing demands • Management-level staff exiting to the private sector as they hit the governor's salary cap Public Safety Services Public Safety Service Director Clark noted the following: • Acceleration of technology resulting in increased demands on staff and resources • Police and fire departments are experiencing a significant number of retirements • Increased state-mandated training • Recruiting volunteer firefighters to cover day-time calls and keep response times down continues to be a challenge(Clark said he feels strongly that the City should try every means of maintaining a volunteer fire force, even if in combination with other options.) • Recent changes in firefighter pension laws (Uram expects the Firefighter Relief Association to ask the Council for pension increases in the near future.) Human Services Increased cultural and socio-economic diversity within the community are resulting in higher human service costs. Technology E-government, an upgraded City website, GIS and Mobil Computing Devices are all under consideration. Uram said IT staff is developing cost estimates for implementation of these applications, and will present them to the Council for further direction. Transportation Public Works Services Director Gene Dietz said staff continues for forecast about$10 million in unfunded road construction projects over the next several years. Contingent Expenditures Enger said the City typically budgets$150,000 a year for unanticipated costs. Enger said the Council may want to consider increasing this amount, since contingent spending will likely be significant for 2001 and on into 2002. Li COUNCIL WORKSHOP MINUTES June 5,2001 Page 3 Enger said staff is looking for input from Council on all of these critical issues,particularly contingency expenditures. Unlike past the past three years when budgets have been presented to the Council at a more policy level,Enger anticipates presenting a budget that is in the more formative stages to the Council. He said this will respond to some Councilmembers' preference for more involvement in the earlier stages of the budget. Uram presented the following timeline: Jul 13 Budget workpapers due Aug 7/21 Budget/CIP Workshops Sep 4 Preliminary levy adopted Oct/Nov Final Budget/CIP Preparation Nov/Dec Truth-In-Taxation Hearing Dec Adoption of Biannual Budget/CIP Dec 28 Certification of Levy IV. COUNCIL FORUM John Mallo, Eden Prairie resident and Eden Prairie School District bus driver, spoke about school bus arm passing violations. He there are between 50 and 60 bus arm violations each day in Eden Prairie. He cited one incident in which a driver passed a stopped bus on the sidewalk. He said bus drivers don't write up complaints about the violations they observe "because nothing is done about them." Mallo referenced a January 2001 letter to Police Chief Jim Clark asking for a police car to be present at locations identified as having frequent violations. Mallo said a three-prong approach must be taken to curb violations: education, enforcement, and engineering. Regarding engineering,Mallo said a$5,000 investment would allow for five activity buses to be equipped with video cameras. He said since fines for bus arm violations range from $300 to $3,000,the City could see an almost immediate payback. Mayor Harris thanked Mallo for bringing the topic to the Council's attention. Councilmember Butcher said the Eden Prairie Foundation may be a possible source of funds for video cameras on buses. Councilmember Tyra-Lukens said she would like to see drivers education courses also emphasizing the importance of following bus arras rules. Police Chief Clark suggested checking with the City Prosecutor for input on whether or not installation of video cameras on buses would be a good tool to back up enforcement. Another school bus driver,Ray Lindquist, spoke of initiatives the City of Minnetonka was considering,including have officers ride school buses. V. ADJOURNMENT Mayor Harris adjourned the meeting at 7:00 p.m. 3 AEU UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 5,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:07 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Rosow added a third section to the Motion, under Item X.A. Flying Cloud Airport Expansion, to approve special legal counsel retaining a communications consultant. MOTION: Tyra-Lukens moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. SPECIAL SECTOR MEETING HELD TUESDAY,APRIL 24,2001 MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the Special Sector Meeting held Tuesday, April 24, 2001, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 15,2001 Case made a correction on page 5, paragraph 8, the last sentence, which should read "He believed a partnership between the City and General Growth was important." Tyra-Lukens made a correction on page 12, paragraph 1, the end of CITY COUNCIL MINUTES June 5,2001 Page 2 the first sentence,which should read". . .when they come out to treat property." Rosow made a correction on page 16, the paragraph under item 2, the first sentence, which should read " Rosow said the Mayor, Mr. Enger and he had a telephone conference call with the Chair . . ." MOTION: Butcher moved, seconded by Tyra-Lukens,to approve the minutes of the City Council Meeting held Tuesday, May 15, 2001, as published and amended. Motion carried 5-0. C. SPECIAL CITY COUNCIL MEETING ON FLYING CLOUD AIRPORT HELD TUESDAY,MAY 22,2001 MOTION: Case moved, seconded by Butcher, to approve the minutes of the Special City Council Meeting on Flying Cloud Airport held Tuesday, May 22, 2001, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. INTERNATIONAL SCHOOL AUDITORIUM by International School. 2nd Reading for, Planned Unit Development District Review on 38.4 acres, Zoning District Amendment within the Public Zoning District on 38.4 acres and Site Plan Review on 38.4 acres. Location: Beach Road. (Ordinance No. 17-2001-PUD-12- 2001 for PUD District Review and Zoning Amendment, Resolution No. 2001- 89 for Site Plan Review) C. ADOPT RESOLUTION NO. 2001-90 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES THIRD ADDITION D. ADOPT RESOLUTION NO. 2001-91 APPRROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 4TH ADDITION E. ADOPT RESOLUTION NO. 2001-92 APPROVING FINAL PLAT OF BRAXTON WOODS 2N1D ADDITION F. APPROVE PROFESSIONAL SERVICES AGREEMENT FROM WESTWOOD PROFESSIONAL SERVICES FOR DESIGN AND INSTALLATION OF EMERGENCY VEHICLE PRE-EMPTION (EVP) EQUIPMENT ON 14 INTERSECTIONS,I.C. 01-5541 G. ADOPT RESOLUTION NO. 2001-93 REVISING THE TAX INCREMENT FINANCING PLAN FOR THE ROLLING HILLS SENIOR PROJECT (TIF DISTRICT #17) H. ADOPT RESOLUTION NO. 2001-94 APPROVING THE PROJECT MANAGEMENT AGREEMENT FOR ROLLING HILLS SENIOR HOUSING DEVELOPMENT CITY COUNCIL MINUTES June 5,2001 Page 3 I. ADOPT RESOLUTION NO. 2001-95 RELATING TO MULTIFAMILY HOUSING AND HEALTHCARE FACILITY REVENUE BONDS; SERIES 2001A AND TAXABLE SERIES 2001B; AND MULTIFAMILY HOUSING AND HEALTHCARE FACILITY REVENUE BONDS (ROLLING HILLS PROJECT), SUBORDINATE SERIES 2001C, SERIES 2001D AND SERIES 2001E; AUTHORIZING THE SALE AND ISSUANCE OF THE BONDS AND ESTABLISHING THE SECURITY J. ADOPT RESOLUTION NO. 2001-96 APPROVING THE ACCEPTANCE OF THE RESOLUTION APPROVING TRANSFER OF CONTROL OF KBL CABLESYSTEMS TO AOL TIME WARNER K. APPROVE MEMORANDUM OF UNDERSTANDING WITH MNDOT FOR TRAFFIC, TRAIL AND WATERMAIN IMPROVEMENTS AT THE INTERSECTION OF TH212/VALLEY VIEW ROAD/BRYANT LAKE DRIVE L. APPROVE FUNDS OF $713 FOR SOUTHWEST METRO SHUTTLE BUS SERVICE FROM MILLER PARK TO ROUND LAKE PARK FOR THE 4TH OF JULY CELEBRATION M. DECLARE COMPUTER AND ELECTRONIC EQUIPMENT AS SURPLUS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF PROPERTY THROUGH PUBLIC SALE MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-M on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution) Enger reported that he received a letter from Dougherty & Company, L.L.C., requesting continuance of the public hearing for two weeks to the June 19, 2001, City Council meeting. MOTION: Tyra-Lukens moved, seconded by Case, to approve continuance of the public hearing on the proposed refunding of Park at City West Apartments Housing Revenue Bonds, to the June 19, 2001, City Council meeting. Motion carried 5-0. B. VALLEY VIEW CORPORATE CENTER by CSM Equities, L.L.C. Request for Comprehensive Guide Plan Change from Medium Density Residential to Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres, Planned Unit Development Concept Review on 7.18 acres, Planned Unit Development District Review with waivers on 7.18 acres, Zoning District Change from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary 3 CITY COUNCIL MINUTES June 5,2001 Page 4 Plat on 7.18 acres into 1 lot and road right of way. Location: Northwest Quadrant of Valley View Road and Topview Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change,and Resolution for Preliminary Plat) Enger said the City received letters from both the applicant and the property owner requesting withdrawal of the Valley View Corporate Center project. MOTION: Case moved, seconded by Mosman, to close the public hearing and return the development plans to the applicant without prejudice. Motion carried 5-0. C. HARTFORD COMMONS by David Bernard Builders and Developers. Request for Guide Plan Change from Regional Commercial to High Density Residential on 17.88 acres, Planned Unit Development Concept Amendment on 17.88 acres, Planned Unit Development District Review with waivers on 17.88 acres, Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres, Site Plan Review on 17.88 acres, and Preliminary Plat of 17.88 acres into 40 lots and 4 outlots. Location: Southeast corner of Prairie Center Drive and Prairie Lakes Drive extending to Rolling Hills Road. (Resolution No. 2001-97 for Guide Plan Change, Resolution No. 2001-98 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-99 for Preliminary Plat) Enger said official notice of this public hearing was published in the May 24, 2001,Eden Prairie News and was sent to 365 property owners. Richard Palmiter,representing David Bernard Builders and Developers, a division of Rottlund, presented a new plan for this site, as an alternative to the approved plan. He and the architect have met with the neighbors many times and have adapted the new plan to the neighborhood. Palmiter reviewed some of the changes that have been made. He believed it to be a better plan and hoped the Council could support it. They have reviewed the conditions made by Staff and concurred with them. There are just two items to be worked out regarding boulevard trees and the materials they want to use. Their engineers have been working with the City's engineers and the Watershed District regarding utilities, ponding and wetlands. There are no outstanding engineering or site plan issues. Tim Whitten said he believed there are compelling reasons to change the land use guideline for this site. There is a natural transition from adjacent housing to the proposed housing in the Hartford Commons. The housing development would generate less traffic than a commercial development. It has more open and green space than would be found in a commercial development. It would place housing adjacent to regional mall. Hartford Commons would include 319 multiple-family townhomes with a gross density of 17.84 units per acre. There would be four different building types: urban townhouses (114 units), urban flat townhouses (64 units), urban row CITY COUNCIL MINUTES June 5,2001 Page 5 townhouses (131 units), and live/work townhomes (10 units). They have taken elements of new urbanism and incorporated into the project. The four building types are mixed in each quadrant, so not all of one type are together. Parking for the owners is either underground or in the rear on private drives, with two spaces for each unit. There would be parking for guests on the streets in front of basically every unit in the development. There is a garden area where people can plant their own flowerbeds, a central park area with a gazebo, and a play structure for children. Franzen said the developer presented five land-use options to the Planning Board. At the May 14, 2001 meeting, the Planning Board voted 6-1-1 to recommend denial of the request to the City Council for the following reasons: The project is inconsistent with the Comprehensive Guide Plan; it is inconsistent with the approved 1994 PUD plan and Developer Agreement; and it does not meet City code requirements for front yard setback, gross site area per unit and density per acre. Half of the Board was considering a commercial use of the site and half was considering residential. The Board had asked the developer to present more details about the project, but the developer wasn't at the point where he could present some of the details he presented to the Council this evening. What they have shown to the Council is consistent with the intent of the 15 conditions listed in the Staff Report, one of which is to enhance the appearance of the project in exchange for densities and setback waivers. Also a design framework was needed with a base on the front of brick and siding and shade colors in a neutral pallet. Tyra-Lukens asked if the streets in the development are private or public. Franzen replied all the interior streets are private. Tyra-Lukens asked what was the rationale for removing the bump-outs on the private streets adjacent to the public streets. Franzen replied it had to do with how traffic drives on the private streets and the sight distances at the intersections with public roads. It also has to do with difficulty in plowing snow at those intersections. However, the interior private streets can have bump-outs. Tyra-Lukens noted one of the 15 items was to change the wood steps on the units to concrete. She believed wood steps would be more attractive. Franzen said concrete was his preference, after seeing other projects using wood and concrete,but he would not object wood. Mosman asked if that was a maintenance issue. Franzen replied that is one of the reasons for his preference,but he was primarily looking at the aesthetics. Butcher asked about parking on the public streets around the project. Franzen said Prairie Lakes Drive and Rolling Hills Road are 40 feet wide. Parking on one side will reduce that to 35 feet but will still allow access for fire and other emergency vehicles. Parking on the public streets would be something that would not be on a permanent basis. In other cities it hasn't been a problem with movement of traffic or for emergency vehicles. Dietz said at one time the City discussed whether to have little islands sticking out into Prairie Lakes Drive and Rolling Hills Road. They moved parking back from Prairie Center Drive passed the intersection. It was built for commercial uses, but it can be used for parking now. There would have been higher volumes of traffic with commercial use of the property. 5 CITY COUNCIL MINUTES June 5,2001 Page 6 Mayor Harris asked if anyone wished to address the Council with regard to this project. Terry Pearson, 10827 Leaping Deer Lane, said she is a resident of the Weston Woods Townhomes Association. She was assisted in her presentation by Ray Mohr, 10825 Leaping Deer Lane, the association president, and Sharon Mackenthun, 11012 Lexington Drive, president of the Hartford Place Two Level Townhomes Association. Together they represented four neighborhoods: Weston Woods Townhomes, Hartford Place One- and Two-level homes, and Sanctuary. There are 240 homes in the area that would be impacted by any development on this property. The Weston Woods Townhomes Association informed the other neighbors about the unique plan developed by David Bernard Builders and Developers, which reflected the concept of"new urbanism." Pearson and others secured 230 signatures on a petition favoring this new plan. She said the proposed development transitions well into the neighborhood and it ties into a number of the City's Strategic Initiatives and the Guide Plan. Ray Mohr, 10825 Leaping Deer Lane, said he heard the Planning Board's concerns about this proposal. One was the density of the proposal. Mohr said it is consistent with the new urbanism, and high-density housing is needed to meet the needs of Eden Prairie. It makes sense to have it in the center of the City near the mall. It is also located close to the Southwest Metro Transit station. Another concern expressed by the Planning Board was regarding parking at the development. The developers have now shown that more parking will be available than required by City code. The streets are of adequate width for parking. The neighborhood expects and supports parking on Rolling Hills Drive and Prairie Lakes Drive. One concern was parking at the intersections with the public roads. That would require one or two parking spaces be removed to prevent accidents caused by blocking the view at intersections. Mohr stated affordable housing is not included in this revised plan. However, affordable housing is already contained within this PUD. The soon-to-be developed Rolling Hills senior housing will contribute a significant number of affordable homes in this area. Regarding the approved 1994 plan, Mohr said it is not as attractive a proposal as the one for a residential development. There would be an abrupt transition between the neighborhood homes and the retail development and it has no neighborhood support. He named other developments completed by David Bernard Builders and said the City should welcome the opportunity to have them developing a project like this. Laura Bbrml, 10540 West Riverview Drive, said the most important issue is whether to allow a change from the approved retail plan for the site. That plan was carefully crafted and she believed it would be approved if presented again. Through creation of a TIE district, the City has directed $10 million toward Eden Prairie Center's redevelopment. She said now is a good time to have the support of other retail development, which has lagged behind. This site was created in 0 CITY COUNCIL Mi UTES June 5,2001 Page 7 1973 to meet the needs of all the residents of Eden Prairie, not just the neighbors nearby. She contacted all residents south of County Road 1 and west of Homeward Hills Road, who have lived there from three days to over 20 years. It was clear from her interviews with residents that they agree regional retail is a high priority and they would like to shop where they live. Only one out of 243 residents rejected the original plan for retail. Bhiml believed this would also reflect the City as a whole. Many said they were disappointed that Costco was rejected for that site. The City turned it down because it was a substantial change from the original approved plan for the site. She believed the proposed plan should be rejected for the same reason. Bluml said this development would be more affordable to more people on less expensive land. While residential property may provide more tax dollars, it uses significantly more City services. If housing density could be increased for this proposed development, she wondered why the density for commercial use could not have been increased, which would increase the amount of tax revenue. However, she didn't believe tax revenue should be the main reason for determining the use of this site. She said the property value of the neighborhood homes is lower because of the prospect of having a retail development there. A balance is needed. Homes,business and retail equals smart growth. Ramesh Ajitaprasad, 12725 Stoney Way said he is in favor of not changing the • original plan. He would feel let down by the City if it were changed. By not having the choice of more shopping in Eden Prairie,he would have to continue to go to Bloomington to shop. Multi-family housing would increase the amount of traffic during rush hours. The people who signed Pearson's petition have a vested interest,whereas those who signed Bluml's petition have a concern for the City as a whole. Don Klingel, 10940 Kiawah Drive in Weston Woods, said since 1994 the neighborhood has been opposed to all the proposals. Now they support this new proposal. It would be a unique and important development. He agreed with Laura Bluml that a balance is needed. There are expected to be many new stores coming to the Eden Prairie Center. He favored using the mall to its maximum capacity, and the townhome development would support the mall. The traffic study done for the Golden Triangle Area (GTA) recognized the problem of traffic congestion, and it suggested having multi-family housing in the GTA. He talked to the general manager of the Eden Prairie Center and asked if he preferred the approved 1994 plan or the proposed new plan for Hartford Commons. He stated that it would not make a difference to him. If there was any concern about potential business being taken away,he would have said so. Klingel recalled that Councilmember Tyra-Lukens recommended having this type of housing near the Eden Prairie Center and Southwest Metro Transit. Kathy Wagle 10705 Leaping Deer Lane, said land use has changed over the years. She reminded the Council that the area around the Eden Prairie Center was supposed to be the center of the City. Progress causes change and change causes progress. She was in favor of the proposed urban housing development. CITY COUNCIL MINUTES June 5,2001 Page 8 MOTION: Butcher moved,seconded by Case,to close the public hearing. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution No. 2001-97 for approval of the Comprehensive Guide Plan Amendment from Regional Commercial to High Density Residential on 17.88 acres; and adopt Resolution No. 2001-98 for approval of the Planned Unit Development Concept Review on 17.88 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 17.88 acres and Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres; and adopt Resolution No. 2001-99 for approval of the Preliminary Plat of 17.88 acres into 40 lots and 3 outlots; and direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations, and Council conditions; and direct Staff to issue a land alteration permit to the Developer to proceed with construction at their own risk. Discussion followed. Mayor Harris said this project has many attractive features. It is good to have neighbors so strongly in favor of this plan. A number of concerns identified by the staff were addressed by the developer, but not all of them. She wanted to ensure that items requiring additional attention in terms of the detail are worked out, and so for that reason she could only accept this plan if it included the staff recommendations. She wondered if it should be sent back to staff and the developer to work through any that were not addressed. Case said he would be able to vote on the proposal that evening, with some conditions. People with opposing views have made their presentations after spending much time researching information. However, the Council doesn't just consider signatures on petitions, but really considers the big picture, and what is best for the whole City,which includes these people also. Case liked the concept of this plan, but pointed out there are still two issues outstanding between staff and the proponent. One is the boulevard trees. The Council has clearly made a commitment to try urban concepts around the market center area, so it needs to consider specific cases where bending the City code is appropriate. He would like to try boulevard trees on this particular project and would like to see them between the sidewalk and the street. He was not concerned with the setback issue of 15 feet instead of 30 feet, because it has an urban look. The second unresolved issue is the material to be used. He was in favor of permitting the use of rock-faced block. If it is a question of the City requiring brick at $14 per square foot versus $4 a square foot for rock-faced block, the builders will do more with rock-faced block if the City allows them to use it; otherwise they will use the minimum one-third brick required. Mayor Harris said the issue of boulevard trees was more about location, with regard to sight distances at the intersections. Case agreed they should be moved back from the street at the intersections. Mayor Harris added that staff recommended putting the trees behind the sidewalk. CITY COUNCIL MINUTES June 5,2001 Page 9 Butcher addressed policy. The property under discussion is a wonderful piece of land, but it has been problematical. Listening to the speakers for the different neighborhoods, she felt one neighbor was pitted against the other. She didn't like to see that, and wanted to do the best possible thing for the City. The Council has to look at the big picture. It has to look at sustainability; how it fits in the present and how it will fit in the future. The Council does this with the help of City staff and the Program Board, as well as residents. This Council never changes a PUD without great consideration and without compelling reasons. Occasionally opportunities are presented that merit changes to the Guide Plan and PUD changes. She believed this proposal was a better one for the neighborhood. The density is appropriate and the architecture supports the density. Her approval would be based on accepting the staff recommendations. While she was prepared to vote to approve this project, on a policy level she wished to state a caution that the City's procedure and process be maintained. Any future developer that comes before the City with a proposal must follow its tried and true process. Tyra-Lukens said she believed this location is the best place to do this project. It is a traditional plan that people like. It was clear from the presentation the proponent made previously that multi-use housing wasn't going to work here. However, the proponent worked with the staff to develop a project that is very nice. The trade-off was for higher standards of design, and this proposal is a good example of how that will work. She would like to see median trees, and she didn't have a problem with using rock-faced block and cultured stone. Mosman said there are going to be 80 additional stores at the mall, so there will be more retail in the area. She approved of the idea of trees in the median and rock-faced block. Mayor Harris said the consensus was that this is a project the Council would like to have in the City, with more flexibility in terms of using certain materials. All staff recommendations should be included in the final Developer's Agreement. Case said he assumed that there was now agreement on everything in the list of staff recommendations except rock-faced block and boulevard trees. If that was not correct, the Council needed to know. Whitten replied they are in agreement with everything except those two issues. He said the company was not in a good position for a continuance. It was critical to them to come back to the next Council meeting in two weeks with those two items worked out. Case said he didn't hear anything that was worthy of a continuance. The issues are boulevard trees,rock-faced block and stone, and wooden steps versus concrete. There is the issue of sight distance if trees are planted at the intersection of public streets, and he could accept them being planted near the sidewalks. It would be critical for the developer to put in writing a commitment for upkeep of the boulevard so that it would not be a City responsibility. The proof will be in the plan and the supporting documents that would be brought back to the next Council meeting for the 2nd Reading. I CITY COUNCIL MINUTES June 5,2001 Page 10 Motion, with Council conditions to allow the use of rock-faced block on buildings and the planting of trees in the boulevard,carried 5-0. Mayor Harris recessed the meeting at 9:30 p.m., and called the meeting back to order at 9:46 p.m. D. THE HERITAGE by Carlston, Inc. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 42.16 acres,Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1- 13.5 Zoning District on 19.11 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 42.16 acres into 138 lots, 4 outlots, and right-of-way. Location: Dell Road and Pioneer Trail. (Resolution No. 2001-100 for Guide Plan Change, Resolution No. 2001-101 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-102 for Preliminary Plat) Enger said official notice of this public hearing was published in the May 24, 2001,Eden Prairie News and was sent to 124 property owners. Scott Carlston said this project is for 33 single-family homes, 53 one-story townhomes, 50 two-story townhomes, 4 outlots, and City right-of-way. There was one concern identified by the Planning Board, and that was density of the two-story townhomes. He has reduced the number to 50 units. The NURP pond has been relocated off Pioneer Trail. A big concern of the Cedar Forest residents was what would be built next to their properties. He purchased 19 acres for 33 single-family homes that will be priced at $400,00-$700,000, with a density of 1.7 units per acre. He has met with 22 Cedar Forest residents, and together they have reached a consensus that works well for everybody. One of their ideas was to retain the buffer area between the development and their properties so wildlife can continue to live there, and it will provide screening from the townhomes. He will make sure they save as many trees as possible. The trail systems will continue through to Valley Road. He worked with the City Environmental Coordinator, Leslie Stovring, on the wetland areas. A wetland area will be incorporated into the plan, and he will design the homes around it. With regard to a Guide Plan change, he believed it is more a continuation of the process along Pioneer Trail and fits with what is in the neighborhood. Franzen said at the conclusion of the first meeting with the Community Planning Board,the members believed the Guide Plan change could be supported,but only after the issue of the number of multi-family units was addressed. The developer presented revised plans. Based upon the plan revision, the Community Planning Board voted 8-0 to recommend project approval. /0 CITY COUNCIL MINUTES June 5,2001 Page 11 Rick Beedle, 17135 Valley Road, said he didn't want the area behind his house changed because he enjoys the scenery there. However,he and the neighbors feel very comfortable with Scott Carlston's proposal and hoped the City Council felt the same way. Patty Whalen, 17191 Cedarcrest Drive, said her house would be next to the single-home portion of the project. She has enjoyed living in a dead-end street, but can accept this development. She has seen other projects Scott Carlston has built and she supported this project. John Wiedman, 17249 Valley Road, said Scott Carlston is one of the most conscientious business people he knows. He earns his money in Eden Prairie, and is a developer who has set a new standard by keeping trees and protecting wildlife. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-100 for Guide Plan Amendment from Low Density Residential to Medium Density Residential on 23.05 acres; and adopt Resolution No. 2001-101 for PUD Concept Review on 42.16 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to the RM-6.5 Zoning District on 23.05 acres and from Rural to the R1-13.5 Zoning District on 19.11 acres; and adopt Resolution No. 2001-102 for the Preliminary Plat of 42.16 acres into 138 lots, 4 outlots, and right-of-way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations; and direct Staff to issue a land-alteration permit to the Developer to proceed with construction at their own risk. Discussion followed. Case wanted assurance that Outlot A would be identified as a conservation easement by placing markers at every lot line, so people living in the area will be informed of that. Mayor Harris asked that the future extension of Valley View Road be appropriately signed. Mosman asked if the trail would be going through the site. Carlston replied there are several trails through the project. Mosman asked if Dell Road joins up with Highway 5. Carlston said it does. Motion carried 5-0. E. GRACE CHURCH — CODE AMENDMENT by Grace Church. Request for Amending City Code to allow for mining as a conditional use within the Public Zoning District. Location: Pioneer Trail and Eden Prairie Road. (Ordinance to Amend the City Code) Enger said official notice of this public hearing was published in the May 24, 2001 Eden Prairie News and was sent to 240 property owners. Bob Solfelt, 10508 Bluff Road, represented Grace Church in making this request to amend the City Code to allow exchange of some soil on the property for other CITY COUNCIL MINUTES June 5,2001 Page 12 soil. In December 2000 they began construction of the church and are on schedule to finish Phase 1 and occupy the church in August 2002. During excavation of the property, it was brought to their attention by the subcontractor that there was a large amount of granular soil on the site. This soil has value in the construction process, particularly under roadbeds, as well as for general construction. Loren Braun, a geotechnical engineer with Braun Intertec, said he provided engineering services for construction of the project. The proposal is to mine sand from the future parking lot area. This type of soil is very rare in this area and is valuable, especially for construction of roadways. The sand would be replaced with clay, which will be properly compacted and placed so there would be no adverse effect from removing the sand. Solfelt said they are not changing their original building plans, excavation plans or elevations. In February 2001 they approached City staff with the concept of exchanging soils. Staff said two City Codes would have to be changed and a conditional use permit would be required. Grace Church is in favor of the recommendations provided by staff to exchange soils. One of these is that the soils be exchanged for other projects in the City and not in any other cities. Another is prevention of soil erosion and dust control. Another item is safety concerns and truck traffic. The church agrees to all of these items of concern. Regarding construction of berms that would screen the church property from adjacent properties and roads, the berms are already in place between Spring Road and Eden Prairie Road. The church and the City should be able to agree to a noise-control plan. The mining operations would be carried out between 9 a.m. and 4 p.m. Monday through Friday only, and not on holidays. Grace Church agrees with the conditions for exchange of soils. One other issue was traffic. There would be additional traffic brought to the site; however, Grace Church believes the extra truck traffic would be limited. Trucks are already traveling along Pioneer Trail to the Highway 212 project and other projects. Solfelt said there is also the concept that somehow Grace Church would be profiting from the sale of this soil. There would be a benefit to the church, but no individual in the church would profit. The money will offset cost of the infrastructure work on the site. The City requested placement of a storm-water system to handle storm water runoff. The exchange of soil would be used to offset the cost.of that project. Also, Grace Church is bearing the burden of a major renovation of Eden Prairie Road and realignment to the west. The church would be using some of the funds from the sale of the soil for that cost. Grace church believes exchanging these soils is a reasonable request and does not cause any safety concerns. Franzen said the Community Planning Board reviewed this item at its May 14, 2001 meeting and voted 7-1 to recommend denial of the proposed code amendment to the City Council based on findings 1-9 listed under the denial option section of the report. /2 CITY coimrcIL MINUTES June 5,2001 Page 13 Fred Guille, 10060 Meade Lane,voiced his support of Grace Church's proposal to amend the City Code so it can exchange the soil. If this resource were never to be used, it would be too bad. He recommended the City Council approve the request. David Rasmussen, 16275 Valley Road, said he lives about 120 yards west of the Grace Church construction site. Eden Prairie has done a good job of protecting residents from industrial expansion, and he asked the City to stop any impact that this mining operation might present. He believed traffic and pollution would be the biggest problems. He understood one million cubic yards of material would be moved. That would mean 75,000 trips with a dump truck to take the soil out of the property, and the same number to bring replacement soil in. That is a huge amount of traffic. In addition, there would be airborne sand pollution. Directly east of this site are the Flying Cloud athletic fields, and the people who are there may breathe in airborne particles of sand that can cause lung disease. Rasmussen said the construction work on this site operates until 9:30 p.m., so his experience regarding that has been negative. With regard to berming to provide a sight barrier, from where he lives he can see what is going on there. The church said the money made from selling the soil would be used to offset the cost of infrastructure. The benefits they said would accrue to the community were elements of the community's requirements for the construction project. Mitzi Malevich, 17884 Bearpath Trail, said she is a member of Grace Church and a new Eden Prairie resident who moved there in anticipation of the move to this new church building. She asked that the Council see this request from the same aspect as the church. Ed Sisam, 10109 Wild Duck Pass, said the ballfields just east of the church meant a lot to him because he has been a coach for some of the teams that play there. He was at the Planning Board meeting when the issues were raised. They focused mainly on one issue and that was a concern about future requests for mining. He commended the City Council and the staff for a well-written proposal that tries to balance the concerns of the City with the concerns of the landowner. The City requires that the sand deposit be used in this community. It also addresses traffic. There will be dust and traffic. But there is truck traffic on Pioneer Trail now, carrying dirt from various areas of the City. Another requirement is that mining be limited to a 50-acre parcel. Concerns have been addressed by drafting an amendment to the City Code. He asked the Council to look at the benefit the church can be for the community, and urged adoption of the request. Barbara Kaerwon, 12800 Gerard Drive, said she recalled an asphalt plant that was allowed to mine in the area. There was a pond next to it. Finally the asphalt plant was removed but the pond was destroyed because of the mining operation. If the Council had any intention of changing the ordinance, the City should study the topography and geology of the site first. I3 CITY COUNCIL MINUTES June 5,2001 Page 14 Ken Clinton, 115 Victoria Drive, said there was a law enacted in 1998 that chartered a task force to look at road construction. The need for aggregate has increased by 50 percent and is used a great deal in the Twin Cities area. One of the task force's recommendations was to use the best management practices for removal of materials from the ground. He was certain Grace Church would follow best practices. Eden Prairie would be moving forward and would be ahead of the curve in construction projects. The task force recommended issuing permits at different levels for extraction of material. The first would limit the site to 10 acres and extract no more than 10 feet for one season. The second permit would be to not exceed 10 acres but the dirt could be removed for more than one season. Clinton recommended the Planning Board look at these methods of extraction. The City has tackled difficult issues in the past and has been in the forefront of good management. Eileen Benz, 9775 Spring Road, said she and her husband have a concern about what mining sand does to the ground water and how this would affect her well water. She wondered if it would contaminate the ground water. Braun addressed several concerns. Regarding ground water, the mining operation would not extend down to the ground water level so should not affect the ground water or wells in any way. There was a comment about 1 million cubic yards of soil being removed. To put that in perspective, if they had encountered poor soils on the site rather than the sand it is quite probable they would be moving 100,000 yards or more out and bringing back better soil to replace them. One million yards sounds like a lot, but in perspective to the amount of earth that's moved every day in the Twin Cities area, it is quite small. Mayor Harris asked how the sand is dug out and how long would it take to complete the work. Braun replied they are going to remove the sand in small strips, using a backhoe to remove it. They could probably complete the work in a month or two, depending on the weather. Regarding the dust issue, one of the features of dust is dissipates quickly, and if it is wet first before removal it would not cause a problem. Mayor Harris asked Dietz what demand is there in the City for the sand. Dietz replied the two road construction projects are on Pioneer Trail and Highway 212. Excavation work on Pioneer Trail begins next week. He didn't know how much sand they would need,he has heard from Mr. Solfelt's discussion with contractors that Highway 212 may need as much as 200,000 yards. Pioneer Trail would probably use about 160,000 yards. Gary Demay, 9425 Shetland Road, said the activity of moving dirt is going on anyway in the City. He suggested that, if the airport expansion project goes ahead, it might require a million yards of fill in the future. The land for that is very close to Grace Church. Rosow replied Grace Church has said they have a short window of opportunity for this sand to be removed, so any future construction project could not be used. i � CITY COUNCIL MINUTES June 5,2001 Page 15 Mike Pogh, who is Chair of the Board at Grace Church, said the Board is very appreciation of the working relationship they have with the City. The congregation fully recognizes that while they are building a facility for themselves, this will be an asset to the whole community. There will be many activities that will take place at the church that will be of interest to residents of Eden Prairie. The soil exchange is a very important issue to the church and is important from the City's standpoint. This is also a conservation issue. There can be a win/win solution. MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Case said there is the potential for one million cubic yards to be moved. Even if the Pioneer Trail and Highway 212 road projects could use 360,000 cubic yards, where would the rest of the sand be used if there are no other places that need it? Solfelt replied the church is currently not aware of a need for one million cubic yards in the City. Contractors could contact the church for use of that soil for road construction or other construction sites within the City. Tyra-Lukens asked if the replacement soil would all come from within Eden Prairie. Solfelt said the church's proposal is to use the sand within the community but they are not proposing the return soils would come from within the City. However, the projects requiring granular soil would be able to provide an exchange of soil for the church property. Right now, the soil from the Highway 212 project is being taken south on Eden Prairie Road and east along Pioneer Trail and south on Spring Road out of City and bringing sand back. Mosman said she would be wise to do a geological survey of the property to be sure it doesn't affect the surrounding areas. She understood one of the conditions would be to use streets with a nine-ton load limit for those trucks hauling the soil on City streets to save the City the extra cost of maintenance. Dietz replied the plan would keep truck traffic on roads with a nine-ton load limit. Butcher said she was concerned about the environmental and health impacts of moving this sand. She was sure Grace Church wants to be a good neighbor, but the area around the church property is a mature neighborhood, and she was concerned about air pollution,the dust and the noise. Solfelt replied, in general he would say health risks associated with the exchange of soil already exist. Trucks are already moving soils through the City from the highway project, so Eden Prairie has already assumed the risk of pollutants in the City. Regarding pollution on the site, they would have a back hoe on site that would be removing the sand and putting it into dump trucks. However, the dust can be controlled with water, and the streets can be cleaned off with street cleaners. Braun Intertec would be responsible for monitoring the project as well as the exchange of the soils. In addition, it is proposed to put a runway on the site, so dirt from the trucks would be knocked off on the site and not on the County or City roads. 15 CITY COUNCIL MINUTES June 5,2001 Page 16 Mayor Harris said she was concerned about unintended consequences of changing the City code, and asked Rosow if there were a way of doing this other than through a code amended. She wondered if the Developer's Agreement could be reopened, with all the different constraints listed. Rosow replied that if the Council were in favor of amending the code in this way, then perhaps a better vehicle would be to allow staff and Grace Church to amend the Developer's Agreement and the grading plan. It came to the Council in this format because,in the discussions they had with Grace Church, it appeared this was not a desired outcome and there was not the will to change those agreements already in place, so the only other way to do it would be to amend the code. Rosow said there are other routes that could be use, but he could not assure the Council that none of them would subject them to challenges that they be allowed to do the same thing. For instance, Grace Church requested allowing mining only for non-profit organizations. However, staff determined there is no rationale why a non-profit should be able to do this and not others. Case asked about limiting mining operations to 50 acres. Rosow said a strong case could be made for that and staff recommended that condition. He was concerned about the concepts of interstate commerce and the constitutionality of saying this can only be used for soil deposited within the community. He would want a commitment from Grace Church that it would not challenge that restriction. If the Developer's Agreement is changed, other developers may want to do this in the future for their projects. Others may want to take advantage of this opportunity as well. Butcher said she would want restrictions about what hours the work can be carried out and also longevity of the project. One neighbor reported construction on the site begins at 7 a.m. and continues until 9:30 p.m. Braun said he didn't know how long the soil exchange would take, but to remove one million cubic yards from an acre of land 15-feet deep would take several months. The small area involved would limit the amount of truck traffic that could come in and out. Solfelt said the church's proposal is for a 24-month period, so the conditional use permit is for 24 months. They would excavate in two-acre increments, and they expect each increment to be refilled within 30 days. There are about 15 two-acre increments on the site. Butcher asked if this conditional use permit would allow the excavation any time during that 24-month period. Rosow said that is the way the draft ordinance is written. Case asked if it is correct that there would be a dump truck every two minutes for 18 months. Solfelt said there are two assumptions. One is that the church could excavate one million cubic yards if there is that requirement within the City. There are two practical limitations to that. They plan to occupy the church in August 2002 and they need a parking lot to do that. The most northerly and easterly portion of their property has to be covered with black top by August 2002. So the only other areas where soil could be removed, that would not be Ih CITY COUNCIL MINUTES June 5,2001 Page 17 developed by that time, would be about 15 acres in the far southeast corner of the property. Tyra-Lukens asked to address the noise issue. This area of the City is impacted by airport noise, and to add trucks being filled and driving down the road would add to that noise. It would be during the summer months when people's windows would be open and they are outside. Solfelt replied the conditional use permit states the church must comply with the City code that defines noise on the site. Rosow said the decibel levels of noise are defined, and the types of restrictions imposed. Dietz said it would be possible to model the noise at the site, but it is better to restrict it through the City code which states the noise cannot leave the site. The City has a noise meter, and the noise at the site can be measured once the work begins. There will be a perception by the neighbors of increased background noise, but he didn't think it would be an obnoxious noise. The clay soil being brought back in would need to be compacted, so there would be some noise from that also. Case asked how the City would really know that each load coming from the site dumps its load somewhere in Eden Prairie. Dietz said he understood there could be as many as 300 trucks a day to get one million yards out within the time period. On an operation of this scale the City would know where most of the material goes. The City has a project next year on the extension of Town Line Road and will require some sand, perhaps 50,000 yards. There would be no material to take back. The logistics would be an issue, because sometimes the replacement material can't be put in until all the other material is taken out. Mayor Harris stated that recycling and conservation was an important value to her when she was growing up and it pains her to bury a non-replenishable resource. On the other hand, she was not comfortable changing the City code at this time and was worried about the increased noise pollution and the road wear. The Council needs to decide if it is willing to permit this activity, and if so, should the City code be changed or should they search for some other vehicle to use. If they decide to go forward, she would like to send this proposal back to the City's legal counsel for additional review. (Councilmember Case was called away from the meeting at 11:32 p.m.) Butcher said she would be comfortable doing that because she has questions about some of the health issues and the controls the City would be able to have. There is now activity on the site past regulation hours and she wanted to be sure there is language in the contract to ensure that the neighbors are being taken care of. She believed Grace Church wanted to do that too. Rosow said amendment to the code would permit them to renew the permit or ask for another amendment. He asked for clarification on whether or not the Council wants to change the code. If there is not a majority in favor of doing that, then he would not try to find another way to do it. The Council needs to vote on the lst Reading. If it didn't pass, it would not be brought back for a 2nd Reading, or an CITY COUNCIL MINUTES June 5,2001 Page 18 alternative motion would be to send to the staff and the City attorney to give the Council options for allowing the mining to take place. This assumes the Council is willing to permit the mining activity, subject to proper controls and conditions. MOTION: Mosman moved to direct staff to look at the options as Mr. Rosow laid out. Tyra-Lukens said she believed parameters should be set to see how the process works,perhaps shorter periods of time,both daily and monthly. Mosman suggested an initial trial time of no more than two months. Butcher agreed, and said she understood it would take that long to do the first strip. Solfelt said the church has hoped all along there was a way within the city code to exchange these soils. The church was asked to submit an application to change the code. It is willing to have the Developer's Agreement amended. They would be willing to work with Mr. Rosow and City staff to amend this. Perhaps there could be an initial test to have a number of digs that could be done over one season. He believed two months would be too restrictive and punitive to make it worthwhile. Another suggestion would be to recognize the parking lot area has to be paved prior to August 2002. Perhaps the limit of time could be until that time. Mosman said a six months' limit would allow the City to find out if the agreement is being followed; then it could be continued: Rosow suggested Council table action on the amendment to the code and then direct staff to come back to the Council at either its June 19 or July meeting with an alternative to consider. That would still allow the Council time to take action before the August 1 time limit for review of this proposal. Mosman withdrew her earlier motion. MOTION: Mosman moved, seconded by Mayor Harris, to deny the request of Grace Church to amend City code to permit mining as a conditional use in the public zoning district, and direct staff and legal counsel to explore alternative methods for handling the soil exchange. Rosow suggested a third alternative would be for the applicant to meet with staff to see if he would be willing to withdraw the request. Solfelt said they would be willing to withdraw the request if the second half of the motion would be to work with staff and counsel to come up with alternatives that would be suitable to the City for exchange of soils. Mosman withdrew her motion, as did Mayor Harris. MOTION: Butcher moved, seconded by Tyra-Lukens, to return the proposed code amendment to the proponent without prejudice. Motion carried 4-0. Ig CITY COUNCIL MINUTES June 5,2001 Page 19 Rosow said he understood Council's direction was for staff and Grace Church to meet and determine if there is any vehicle to accomplish this activity within the structure of the City code and the Developer's Agreement. Mayor Harris recessed the meeting at 11:48 p.m. and called the meeting back to order at 11:55 p.m. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Payment of Claims. Motion was approved on a roll call vote, with Butcher, Mosman, Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2001-103 RESCINDING THE FINAL PLAT APPROVAL OF AZTEC TOWN OFFICE PARK FOR 22 LOTS, APPROVED BY THE CITY COUNCIL ON MARCH 6,2001 Enger said this proposal,located east of Aztec Drive and south of Anderson Lakes Parkway is a replat of Outlot A in Anderson Lakes Commercial Center 3rd Addition. The plat was previously approved by the City Council March 6, 2001 • consisting of 6.48 acres to be divided into 22 lots and one outlot for future development. The developer has revised the plat by taking sixteen of the original lots and combining them into eight larger lots,therefore reducing the total number of lots to fourteen. The City Council was asked to rescind the final plat approval. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2001-103 rescinding the final plat approval of Aztec Town Office Park for 22 lots, approved by the City Council on March 6,2001. Motion carried 4-0. B. ADOPT RESOLUTION NO. 2001-104 APPROVING THE REVISED FINAL PLAT OF AZTEC TOWN OFFICE FOR 14 LOTS AND ONE OUTLOT MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2001-104 approving the revised fmal plat of Aztec Town Office for 14 lots and one outlot. Motion carried 4-0. C. STATUS OF FLYING CLOUD AIRPORT ADVISORY COMMISSION, 1ST READING OF AN ORDINANCE AMENDING CITY CODE 2 Enger said it is appropriate for Council to direct City strategies. The staff has made some recommendations on a potential course of action. Rosow said there are three potential courses of action: (1) abolish the Flying Cloud Airport Advisory Commission, (2) suspend Commission activities indefinitely, or(3) allow the Commission to proceed but to amend its mission so CITY COUNCIL MINUTES June 5,2001 Page 20 that nothing pertaining to the expansion is affected. Based upon discussions with the Special Legal Counsel, they would be most comfortable with eliminating the Commission from the City code but would accept suspension of the activities. They are concerned about allowing the Commission to operate. Mayor Harris said abolishing and reconstitution makes the most sense. If the Commission is allowed to continue, the Council would have to redefine the role of the Commission. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the lst and 2nd Readings of an Ordinance repealing City Code Section 2.27 and abolishing the Flying Cloud Advisory Commission. Enger pointed out that changing the code would require all five Councilmembers to be present, and unanimous approval. Only the 1st Reading could be done at this time. Rosow said the 1st Reading just needs the approval of the majority, and the 2nd Reading could be approved on June 19,when Council has its next meeting. Butcher withdrew her motion, as did Tyra-Lukens. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the 1st Reading of an Ordinance repealing City Code Section 2.27 and abolishing the Flying Cloud Advisory Commission. Motion carried 3-0-1, with Mosman abstaining. X. PETITIONS,REQUESTS AND COMMUNICATIONS A. FLYING CLOUD AIRPORT EXPANSION: SPECIAL LEGAL COUNSEL AND REGULATION OF LANDSIDE DEVELOPMENT OF AIRPORT PROPERTY Rosow said the initial engagement of special legal counsel was to present a report and that was presented at the May 22 meeting of the Council. It is appropriate at this time to continue retention of the special legal counsel, and authorize them to retain a communications consultant. Further, special legal counsel recommend there be an evaluation of current zoning of land use regulations regarding development of airport property, and recommend to the Community Planning Board proposals and recommendations for future development. MOTION: Tyra-Lukens moved, seconded by Butcher,to continue to retain Peter Kirsch and the law firm Akin, Gump, Strauss, Hauer & Feld, L.L.P., as special legal counsel to the City, with respect to the proposed expansion of the Flying Cloud Airport, with authority to retain such consultants as deemed necessary by special counsel in consultation with the City Attorney and City Manager, and as approved by the City Council, including but not limited to communications consultants; and direct staff to evaluate current zoning and land use regulations CITY COUNCIL MINUTES June 5,2001 Page 21 applicable to development at the Flying Cloud Airport and to develop and submit to the Community Plrnning Board, for its review and recommendation, proposals for additional regulation of such development, and specifically to approve special legal counsel retaining a communications consultant. Motion carried 4-0. B. MORRAINE WAY POND Enger reported the neighborhood group has asked to return and make their presentation at the next Council meeting. C. PURCHASE OFFERS FOR THE CITY-OWNED SINGLETREE LAND PROPERTY Uram said there are two development groups that have made offers for the property-North American Properties and Hartford Group. North American Properties Jay Scott, a partner with North American Properties, explained this is a privately held real estate company that has real estate offices around the country, and has its headquarters in Texas. The company can internally fund their projects and would be prepared to purchase the property very quickly. They are offering a purchase price of$2,600,000, with a $125,000 earnest money deposit. The sale would close within four months of signing a purchase agreement. Mike Pacillio presented the concept plan. The site is somewhat challenging, and they propose a mixed-use concept with restaurants, small office suites and luxury apartments. It would have a four-story parking structure located in the center of the building. The first floor of the garage would be for visitor parking and for restaurant patrons. The front of the building would be for leased offices and clubhouse facilities. The four-story apartment buildings would contain two casual dining restaurants at the corners of the property with outdoor plaza areas. Hartford Group Elizabeth Kautz said their proposal is for mixed-use — a commercial component and a residential component called Lincoln Parc West, with 20 percent affordable housing. It would be comparable to Lincoln Parc on the east side of this project. This will help the City to meet its livable community goals. They would work with staff to determine the most acceptable development type. There would be two levels of underground parking. The first level of the building would be office space and commercial use. There could be a restaurant on the first level. The exterior would be brick and stucco. They are offering a purchase price of $2,741,000,with a$10,000 earnest money deposit. The sale would close in six to nine months after the date of a purchase agreement. They will require TIT, CDBG, Housing Revenue Bonds, and a HUD-insured mortgage because of the affordable component. Butcher asked if the space on the first floor would accommodate restaurants. That would be an asset to the people living there. I CITY COUNCIL MINUTES June 5,2001 Page 22 Kautz said the first floor would be executive office space, and if a restaurant came into the site there would be seating on the patio. She added that Hartford Group is relocating its corporate headquarters to Eden Prairie in December 2001. Uram said the Council has a memorandum that details each of the proposals. Both groups have been asked to put together a set of concept plans with short notice or due diligence. The City has owned this site since 1983. It is a hard site to build on. With regard to timing of each of the developments and the offers each has made, Hartford Group is offering $2.7 million and North American Properties is offering $2.6 million, or a difference of$141,000. Hartford would deposit$10,000 in earnest money, and North American$25,000. This would be a firm commitment on their part to proceed. The closing dates are important from the City's standpoint. North American would close the sale as soon as possible; Hartford would close in six to nine months. North American would do financing internally. Hartford Group's would be a complex financing proposal as it was for Lincoln Parc East. Uram said this property goes on the tax rolls next year. Taxes would be about $60,000 a year. Depending on when the sale closes on the property, there could be a lag period. It would be important for the City to close on the site this year. He asked the Council to select a group and to enter into a purchase agreement. Mayor Harris referenced the $125,000 earnest money that North American Properties would provide, compared with$10,000 for Hartford Group. Uram said • he believed$125,000 earnest money should be a requirement for both groups. Mayor Harris asked if the City what is the possibility of the City being able to put together a funding package; it took a long time last year for the Lincoln Parc project. Uram replied there were a number of complications with the last package. Hartford's non-profit changed three times, so the bonding had to change. That could happen again this time. The TIF financing was a three-month process, and it's not known what the legislature is going to do. Rosow said it is not City financing on the TIF or bonding. Affordable housing through HUD took a long time with Hartford Group before. Tyra-Lukens said North American would be able to close using their financing and can close quickly, so the matter of affordable housing is the dilemma. The Council should look at the whole concept of closing when the City wants it to happen. The time factor is a concern. North American can put down their money and there are no contingencies on it;no risk for the City. Uram said from his standpoint, he is looking at the financing part of this, as long as the land is used the way the City wants it used. Tyra-Lukens said the plans have to go through the regular process so they could be changed when the project is brought back to the Council. CITY COUNCIL MiNUTEs June 5,2001 Page 23 Uram said because money continues to decrease in value, if there should be a difference in the closing date of more than six months, the Hartford offer would be worth less than the$141,000 difference in the purchase price. Butcher said Hartford Group has made a commitment to the City, and we have worked with them before. She said she would rather go with a known entity. Mayor Harris asked if Hartford could build the same project with no public subsidy, without the affordable component. Kautz said she was sure Hartford could. They knew the City had a "livable communities" goal, so the 20 percent component was something they thought was important to the City. If they take out the affordable component there would be no need for a subsidy. MOTION: Tyra-Lukens moved, seconded by Mosman, to authorize staff to enter into a purchase agreement with North American Properties for the sale of Lot 2 Block 1 Market Center 2°a Addition. Butcher said she believed Hartford Group would give the City what it needs. Mayor Harris said the City needs hard cash, and this project has a time constraint of December 2001. She shared the same appreciation of Hartford Group. This City and Hartford have a working relationship. Getting Lincoln Parc up and running was difficult because it took two years. Motion carried 3-1,with Butcher voting"nay." M. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES June 5,2001 Page 24 XIV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said there would not be a closed session due to the lateness of the hour. XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn. Mayor Harris adjourned the meeting at 12:40 a.m. CITY COUNCIL AGENDA DATE: SECTION: SERVICE AREA/DIVISION ITEM DESCRIPTION: Proclaim July ITEM NO. Recreation and Parks Month Parks & Recreation Services Tria Mann,Arts & Special Events Coordinator e Requested Action Move to: Proclaim July as Eden Prairie Parks and Recreation Month Synopsis The National Recreation and Parks Association designates July as Recreation and Parks Month. The Eden Prairie Parks & Recreation Service Area uses this nationally recognized month to bring attention to the contributions that parks and recreation give to the community's well-being as well as challenge residents to become acquainted with the parks and recreation facilities, programs, and services that are offered in Eden Prairie. Attachments Proclamation 1 1'ROCL9 1V im.TIO C guy Is Eden Prairie fParI And recreation Month Whereas, parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society, and Whereas, parks and recreation create lifelines and continues life experiences for older members of our community, and Whereas, generating opportunities for people to come together and experience a sense of community through fun recreational pursuits, and Whereas, park and recreation programs provide outlets for physical activities, socialization, and stress reducing experiences, and Whereas, parks, playgrounds, nature trails, open spaces, and cultural, and historical sites make our community an attractive and desirable place to live, work, play, and contribute to our ongoing vitality, and Whereas, parks, trails, and open space provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving our natural environment, and Whereas, parks and recreation programs touch the lives of individual families, groups, and the entire community which positively impacts upon the social, economic, health and environmental quality of our community. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie proclaims July is Recreation and Parks Month and encourages all citizens to celebrate by participating in park and recreation. • Jean L. Harris, Mayor n CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: SERVICE AREAIDIVISION: ITEM DESCRIPTION: ITEM NO: Parks and Recreation Minnesota Recreation and Parks Association Bob Lambert,Director of Parks (MRPA)Awards of Excellence -Jr and Recreation Services/ ' Laurie Obiazor,Manager of Recreation Services Action: A representative from the Awards Committee for the Minnesota Recreation and Parks Association will be in attendance at the June 19 City Council meeting to present the awards to the City. Synopsis: The City of Eden Prairie has been selected to receive a Minnesota Recreation and Parks Association(MRPA) Award of Excellence for two projects: • The 2000 Community Forum(Management Strategies Category) • • The Park Interpretive Panels (Communications Category) The Awards Committee for the Minnesota Recreation and Parks Association granted awards to twelve projects total. The MRPA Award of Excellence program recognizes agencies or organizations in Minnesota for outstanding achievements in parks, recreation, and leisure services. The Award of Excellence program recognizes newly implemented projects,programs or initiatives that have occurred during the previous year. The goal of the awards program is to increase public awareness and appreciation of the excellent parks,trails, recreation and leisure services available throughout Minnesota. Attachment: Letter to Bob Lambert, dated May 18th, 2001,Re: notification Award of Excellence Categories and Criteria for Judging Nomination Form for the 2000 Community Forum Nomination Form for the Park Interpretive Panels 1 MIl�]I.�SOTA RL ANL 'ARK AS,_JCIATIO1, 2001 AWARDS OF EXCELLENCE NOMINATION FORM The MRPA Award of Excellence program recognizes agencies or organizations in Minnesota for outstanding achievements in parks, recreation and leisure services. Nominations must be submitted by a current MRPA member by the deadline of May 4th New for 2001! Categories.have been expanded from previous years. The intent of the Awards of Excellence program is to recognize newly implemented projects,programs or initiatives that have occurred during the previous year—in the year 2000. A major goal of the program is to increase public awareness and appreciation of the excellent parks, trails, recreation and leisure services available throughout Minnesota. We invite your participation! • Award of Excellence Categories Programming and Events Examples:unique,creative recreation programming,special events,or community celebrations. Facility Example:park or facility.design and development, grounds or facility maintenance, urban forestry, landscaping, or conservation projects. '34dministrative°or Management S'lrate es.r Examples:creative financing,land acquisition,strategic planning process;effective marketing strategies. • Volunteer Initiatives Examples: use of volunteers in accomplishing goals,board and commission efforts. Sponsorships and Partnerships Examples: creative public-private partnerships,program sponsorships,philanthropic efforts. - Communications Examples: special promotional techniques, communication tools, publications, web sites, annual reports, brochures, literature, pamphlets,cable television show. Technology Examples:use of any type of technology that increases efficiency of your operation, GIS projects. Criteria for Judging Each category will be judged according to the following criteria: Planning Process Funding Plan Level of Collaboration with Others -- Community• Support Originality Distribution Plan (for"Communications"category) Evaluation Process (See-reverse side for Nomination Form) 001A RECR x�t P ASSOC,A JO-r Minnesota Recreation and Park Association • 3954 Bryant Avenue South • Minneapolis,Minnesota 55409 Phone:612/825-2200 • Fax 612/825-6201• Toll Free: 800862.3659 V . ................... .. ...... May 18,2001 • Ms.Laurie Ogiazor . City of Eden Prairie 8080 Mitchell Road ' Eden Prairie,MN 55344 Dear Ms.Ogiazor, • The Awards Committee for the Minnesota Recreation and Parks Associations is pleased to inform you that your • organization has been selected to receive an Award of Excellence in 2001 for the 2000 Community Forum survey. This year,the Awards Committee granted awards to 12 projects,including: • COMMUNITY CATEGORY PROJECT/PROGRAM Northfield Parks and Recreation Facility Splash Pool •St.Paul Parks and Recreation Facility Harriet Island Regional Park City'of Shakopee Facility Joseph Schleper Baseball Stadium Plymouth Park and Recreation Facility Plymouth Creek Center and Fieldhouse City of Chanhassen Events Dave Huffman 5K Memorial Run Dakota County Parks Programming Outdoor Education Program City of Golden Valley Events Opportunity Fest R . Plymouth Park and Recreation • Events The Chocolate Sampler City of Eden Prairie Communications Park Interpretive Panels Roseville Parks and Recreation Admin Strategies Reservoir Woods City of Eden Prairie . Management Strategies 2000 Community Forum City of Plymouth - Technology REC-CONNECT During the months of June-July-August,a member of the MRPA Awards Committee or Board of Directors will come to . your community to present your Awards of Excellence at a City Council, Board or Commission meeting,or an event of your choice. Please let me know(at 763-493-8340),when and where you would like the awards presented. Please call as • soon as possible,so we can arrange for this presentation by one of our committee members.Try to give us 2-3 possible • dates so we can arrange for a presentation on one of the days suggested. Again,congratulations on your.selection as a 200 lAward of Excellence winner! . Sincerel , f . an'f ICKeif*7� ,j • if Chair _ • . • MRPA Awards Committee • . •-•••- . .. . .. . . . . . . . . •. Cc: Mr.Robert Lambert,Director - 3 TT fa Printed cm recvcledi miner with env hsc si ink MINNESOTA RECREATION AND PARK ASSOCIATION 2001 AWARD OF EXCELLENCE NOMINATION FORM Due date: May 4,2001 Agency/Organization City of Eden Prairie Project Title 2000 Community Forum/Survey MRPA Member Nominator Lauire Obiazor Phone(952) 949-8455 Category Management Strategies Please respond to each of the following headings in sequence. In responding,try to be clear and concise specifically addressing each of the points below. Please submit on 8 %Z x 11 typed pages in 10 or 12-point type. You must submit 20 copies of your nomination. Winner will be asked to showcase their projects at the annual MRPA conference during the Hall of Ideas. Deadline:May 4,2001. 1. Project description. 2. Outline the planning process for the project. 3. Outline funding plan for the project including: donations, grants, or public — private funding source. 4: Explain the level of collaboration involved and with whom. 5. Community Support: response to or support for the project including attendance, correspondence, newspaper articles, publicity, proclamations or other examples of public support. 6. Describe why the project is unique or otherwise deserving of an MRPA Award of Excellence. Include a sample of the publication, if nominating in the Publications Category. 7. Outline the evaluation or review process utilized throughout project's implementation and/or completion. Deadline for Submission is: May 4,2001 Submit 20 copies to: Minnesota Recreation and Park Association Award of Excellence Program 3954 Bryant Avenue South Minneapolis,MN 55409 For additional questions,call Jan Ficken (763)493-9340 or Randy Distad(507)645-3046 G:/Obiazor/2001 Award of Excellence L 1. Project description. The City of Eden Prairie retained DS Griffin and Associates to conduct four electronic brainstorming/community forum sessions among 100 Eden Prairie residents that statistically represent the City's population. Four sessions, each with about 25 participants, were planned for October 27th and 28th, 2000. The forum utilized 25 networked laptop computers to help facilitate the brainstorming of 100 residents(four groups of 25)to develop their thoughts on what the leisure needs of the community will be in the next 10 to 20 years. The City of Eden Prairie retained Wirthlin Worldwide to develop the statistical sample of residents. Wirthlin used a random-digit method to reach a representative group of households in Eden Prairie by telephone. The representative demographic sample includes residents in the following age groups: Group 1: Ages 55 and older, Group 2: Ages 45-54, Group 3: Ages 35-44, and Group 4: Ages 34-20. 2. Outline the planning process for the project. The purpose of the community forum is for the City to gain insight from residents on future parks, recreation and leisure needs to help the City plan for needs to support a vital community, protect natural resources, preserve our heritage, and reflect our community's diversity and changing demographics. The City of Eden Prairie is in the process of updating the City's Comprehensive Parks and Open Space Plan to ensure affordability and reflect changing public interest. The Met Council requires communities to update their Comprehensive Guide Plan every 10 years. The Met Council requires public input into the process of updating our park plan. Our public input includes Commission, Board and Council meetings to review and discuss the proposed updates,but also provides the public at large an opportunity to provide input. 5 New technology allowed the City to use electronic brainstorming through a community forum process. One hundred randomly selected citizens were invited to participate in a three hour brainstorming session,which provided instant feedback through individual computers. With the data from this forum, the City developed a citywide survey that was distributed to all residents in early 2001. The forum and survey provided public opinion on future needs. This is used in concert with data on use patterns over the last five to ten years, and adopted standards to provide a basis for recommendations regarding future land acquisition and priorities for development of facilities. 3. Outline funding plan for the project including: donations, grants, or public— private funding source. DS Gruen and Associates was paid $12,612 for the Advanced Strategy Lab sessions (4 sessions, each 3 hours in length), and $2,500 for the Community Forum Summary Report. Wirthlin Worldwide was paid $5,900 for selecting a statistical sample of residents for the community forum(100 participants). Participants received a$50 stipend for participating in the brainstorming process (97 participants x $50/each= $4,850). The total cost for the community forum was $25,862, which was paid through the general operating fund. 4. Explain the level of collaboration involved and with whom. A working committee comprised of the City Manager, the Director of Management Services, the Director of Parks and Recreation Services, the Manager of Recreation Services, and two Council members was established to develop the Community Forum and the Community Survey. A 6 DS Green&Associates is a company located in Scottsdale, Arizona and Worthlin Worldwide is based out of New York,N.Y. Therefore, all communications prior to the actual dates of the sessions was conducted through phone/conference calls, emails, and faxes. The overall session design was created through a series of discussions with Doug Griffen,Managing Partner/DS Griffen&Associates. The selection process of residents was determined through communications with Kerry Hill, Vice President,Worthlin Worldwide. The Parks and Recreation Citizen Advisory Commission, and the Community Program Board through joint workshops with the City Council have reviewed the findings of the Community Forum and the Community Survey. An executive summary of the community forum results was provided to the City Council at a Council Workshop on Tuesday,December 5a`, 2000. The information collected through the community forum and the community survey were incorporated into the"decision tools" established by the City Council which includes Community Values, Council Values, Strategic Initiatives, Comprehensive Guide Plan, and the Capital Improvement Program Strategies. 5. Community Support: response to or support for the project including attendance, correspondence,newspaper articles, publicity, proclamations or other examples of public support. At the end of the session, the participants(97)were asked if they had a chance to say what they wanted to say(ability to participate verbally and electronically). Eighty-four percent said yes. The participants were asked what they thought were the most positive aspects or components of the overall session. The feedback we received to this question was very supportive. The participants valued the use of this new technology for strategic planning, and thought is was an efficient way to collect public opinion reflective of the entire community. Participants said they got to say what we wanted to say and were glad to be able to voice their opinions. They also liked seeing what other people think about the same issues or questions. Participants appreciated the City including the residents in the planning process. Many commented that they learned a few things about Eden Prairie just going through the process. The overall value of the session in terms of better understanding the planning issues facing Eden Prairie and their ability to contribute their views rated very high. The value of the Advanced Strategy Lab electronic brainstorming tool in supporting the session also rated very high among residents. 6. Describe why the project is unique or otherwise deserving of an MRPA Award of Excellence. In 1990 and 1995,the City of Eden Prairie hired Decision Resources, a Minneapolis,MN company to conduct the City's community survey which were both done by telecommunication. The technology exists today for a City to reconnect with their community in a more participatory way. From what I understand,Eden Prairie is the only local government to use this new strategic planning tool(electronic brainstorming) in Minnesota. Residents of all ages were included in the process. Each member in the session was provided a computer and all the computers were connected to a printer that projected the responses to a question on a screen. This provided the group with instant, but anonymous, responses to the questions from the group. We collected a tremendous amount of useful data from the residents about the future parks, recreation and leisure needs of this community. The City provided an opportunity for the general public to participate in the process. City administrators now have community input on I major issues facing the City Council in the next 10-20 years, and we also have the information needed to complete the City's Parks and Open Space Plan. 7. Outline the evaluation or review process utilized throughout the project's implementation and/or completion. We had to make sure that the demographic make-up of the recruited residents represented the demographic make-up of the residents of the community. The data collected had to be representative of the entire community, and not just the 97 residents participating in the community forum. We needed to structure the survey questions in a sequence that made sense, and that were feasible through the survey technique being used for the community forum. We needed to determine what questions needed to be asked to plan for parks and recreation needs for the next 10-20 years. The working committee identified four critical issues facing Eden Prairie in the next 10-20 years: 1)Major Center Area/Downtown Park, 2)Development of Flying Cloud Airport Buffer Property, 3)Recreational Facilities, and 4)Historic Sites. Staff developed a follow-up survey,which was mailed early 2001 to all Eden Prairie residents. The purpose of the follow-up survey was to quantify the findings of the community • forum, which it accomplished. Attachment: Summary Report of the Community Forum and Community Survey 2001 Award of Excellence/MRPA/May 4,2001 9 • REPORT . COMMUNITY FORUM: The Community Forum was held on October 27 and 28,2000 and involved four three-hour sessions with about 25 participants each. Each session was divided by the following ages:20-34 years,35-44 years, 45-54 years, and 55 years and older. Each member in•the session was provided a computer and all computers were connected to a printer that projected answers on a screen. This provided the group with instant,but anonymous,responses to the questions from the group. These "electronic brainstorming sessions"were supervised by Doug Griffin, a consultant that uses this process for the public and private sector. Some of the time at the session was spent responding to survey questions • while other time was spent responding to open ended questions regarding topics such as Major Center Area/Downtown Park, the use of the Flying Cloud Airport buffer property, whether or not the Community Center should be expanded and,if so,what facilities should be added to the Center, and what the City should do to preserve historic sites. The following are some interesting facts deducted from the summary of consolidated surveys taken from the Community Forum. Public Information Seventy-five of 92 participants believe they are either somewhat informed or well informed about the Eden Prairie park system and facilities. Park and Recreation Facilities Eighty-seven of 92 rate the park and recreation facilities as good or excellent. Five rate the facilities as fair,none rated facilities as poor. Use of Park and Recreation Facilities • 93%of the participants use the community parks • 89%use trails • 65%use the neighborhood Parks • 55%use the Community Center • 54%use the Staring Lake Amphitheatre. • 35%use the swimming beaches at Round or Riley Lake • 30%use the Outdoor Center • 20%use the Bryant Lake swimming beach . • • 9%use the Senior Center Recreational Program Use • 67% of the participants have attended various community events • Jb • 35%have utilized the arts programs • 34%have used youth athletic programs • 26%have used the youth recreation programs • 23%have used the family recreation programs - • • 16%have used the aquatic programs • 15%have used the skating programs • 10%have used the adult athletic leagues • 9%have used the outdoor education programs and trips • 9%have used adaptive programs and services - • 9%have used senior programs and services • Senior Programs • • 65% of those who responded believe there are currently sufficient programs and activities for seniors in Eden Prairie Teen Programs • • 65% of those who responded believe there are sufficient activities.for teens in our community. Of the 35% that don't believe there is enough activities for teens, the general reason why not included they weren't aware of programs for teens, that teens needed things other to do than sports or athletics or the teens needed a Teen Center or place to hang out on weekends or after school. Open Space • 59% of the participants believed that when the City is fully developed the City will have approximately the right amount of open space • 38%believe the City has too little open space • 3%believe the City will have too much open space Special Use Facilities • • 80%of the participants believe the City should develop its own special use recreation facilities such as a golf course, Performing Arts Center, water park, indoor ice rinks, even though they may be available in neighboring communities • 59% supported the City developing its own golf course • 51%supported the City developing a water Park • 44% supported a Performing Arts Center • 25% supported a third indoor ice rink - • 22% supported other facilities such as Community Center, Teen Center, Health Club, more baseball and soccer fields,more tennis courts, etc. • 68% supported the idea of developing special use facilities with other cities as partners, if possible. • If' Community Center • 61% believe that there is need for an additional Community Center facility in Eden Prairie, specific examples of what is needed included a third rink,more facilities for young children and older adults,upgrading and improving the existing facilities,basketball and volleyball courts, expanded pool and outdoor pool or water park When asked whether or not participants supported a private/public partnership to build and operate a Community Center,the participants were evenly divided on whether the City should use public funds and users fees or try a public/private partnership, Public Golf Course • 68%felt the City should have a public golf course • 85%of those who responded that they believe the City should have a golf course,preferred an 18 hole course over a 9 hole course; however, 85% would support a.9 hole golf course and driving range if it was the only option Historical Sites • Only 17%believe the City should preserve and restore the three current historical homes using tax dollars • 71% supported preservation through a public/private ownership •• 10%did not support any preservation of historic homes given the option of preserving the three historic homes through sales with restrictions limiting architectural changes • 73%would support a lease • 54%would support a sale Cultural Arts • 61% of the participants believe there is a sufficient amount of cultural and arts opportunities available on the local and regional level for Eden Prairie City Council Communication • 39 participants preferred a direct phone call as the most preferred method of communicating with the City • 34 participants supported electronic communication as the preferred method • • 8 participants preferred a personal meeting • 7 preferred the 24 hour response line • • 3 preferred the Council forum off camera • 1 preferred the Council meeting on camera • 84 of the 92 participants indicated that they had a change to say what they wanted to say in a community forum • pia • 31 of the participants provided additional comments Significant Information Many of the answers reflected lack of knowledge of the programs or services; therefore, the City should try to improve how we communicate information to our residents. Only 23 of the 92 felt well informed about the facilities and programs. . I was initially surprised at the low number of participants who had utilized Flying Cloud ballfields until I realized that half of the participants reflected either seniors 55 or older or young people from 20-34, most of who had lived in the community less than five years. That also explains the low number of participants who had used-the adult athletic leagues, the youth athletic programs, the youth recreation programs,the aquatic programs, and skating programs. Even though there was relatively low usage of those programs,there was high support for continuing those services. Based on the responses from this community forum, it is likely that voters would not support a significant investment in a Teen Center, restoration of historic homes, third indoor ice rink, or a Cultural and Fine Arts Center. It is likely that residents would support additional Community Center facilities, a golf course if it could eventually make money for the City,probably additional park or open space land if it was truly unique, and possibly an outdoor pool,provided it would come close to meeting operating costs and would not have a negative impact on exiting parks or neighborhoods. The majority of the residents do support improving the water quality in all of our lakes and specifically improving the water quality at Round Lake and Riley Lake to provide lake-swimming opportunities in Eden Prairie. There is a relatively high amount of disagreement on whether or not this is a good investment of tax dollars;therefore,there would have to be a lot of education involved before any significant investment were made. • The majority of the residents would support leasing the historic properties in order to preserve them and not have to use tax dollars to restore them. A little over half would support selling at lease one - of those properties for those same reasons,but the majority, 73%, would prefer leasing. • The use of buffer land around Flying Cloud Airport as a golf course is far and away the most supported use; however, ballfields, trails, wildlife preservation, or dog park would be other acceptable uses. It the golf course could also incorporate walking and biking trails for the general public, cross-country skiing in the winter time,perhaps a clubhouse with a restaurant that could be reserved for private parties, etc. there would be more general support of a public golf course. In terms of planning for park and recreation facilities in 2010 improving or expanding the trail system,including walking,hiking and nature trails is strongly supported by all groups and would be supported in a referendum for that purpose, if necessary. • 13 Cleanup of the lakes and overall upgrading of the existing park system is also supported by all groups. Preserving, maintaining or expanding the open space system is supported by all, and development of the downtown area and downtown park is also strongly supported. Citizens expect the City to expand programs and services for older adults as the City ages over the next 10-20 years. In terms of development of a downtown park most participants simply fed back information staff gave them,but developed ideas for use of facilities such as the 4th of July Celebration, seasonal and holiday special events, craft shows,concerts;fairs, ice cream socials, farmers market, etc. Several ' suggested the City hire a good architect and designer and include development of beautiful gardens. Several suggested a sculpture garden and park that would appeal to people of all ages and hoped it would be safe to utilize. • CITY SURVEY • In January 2001 the City conducted a survey of all residents to quantify the results of the Community Forum. The questions developed for the City Survey were developed based on information received from the Community Forum. Twenty one thousand one hundred and sixty surveys were sent out. Three thousand one hundred and seventy eight were returned. Based on the current census data, there is a 95% occupancy rate in Eden Prairie; therefore, the response rate was 16% completed, which is well within the norms for this type of survey, and results in a plus or minus'.17 margin of error. • A copy of the Executive Summary of the survey is attached. The following statistics are taken from that Executive Summary: There appears to be relatively strong support in the community for an outdoor swimming pool, which is the preferred choice (40%)for summer swimming;however, one-third of the•community prefer an outdoor swimming beach on a lake. Nearly 80% of the residents demonstrate strong support for the City spending tax dollars to improve water quality at Round Lake. Based on this information and indications from the Community Forum where residents supported constructing an outdoor pool as an addition to the Community Center, the City should consider a task force and consultant process for evaluating the feasibility for an outdoor swimming pool. Municipal Golf Course Approximately 55% of the residents believe the'City should have a municipal golf course with residents under age 55 indicating a stronger support than those who are older. Based on this information, the City should continue to pursue discussions with the Metropolitan Airports Commission regarding the use of the buffer land around the airport as a public 18-hole golf course. • This'golf course could be developed and operated by either the City or the Metropolitan Airports Commission. • Senior Programs and Services All of the data supports the fact that the average age of Eden Prairie residents will continue to rise • and those residents.will expect a wide variety of programs and services for seniors. The majority of the residents support multi generational programs and facilities; however, the older residents supported programs and facilities for seniors only. Community Center The Community Forum indicated general strong support for some improvements to the Eden Prairie Community Center. The City Survey ranked the support for various Community Center additions as follows: • 1, Outdoor water park 2. Multi purpose space for teens and youth 3. Indoor water Park • 4. State of the art exercise facility 5. Adequate parking 6. Indoor basketball/volleyball courts Other facilities that received a lessor degree of support were as follows: 7. On site child care 8. Third sheet of ice 9. Performing arts facility 10. Studio arts facility 11. Larger locker rooms 12. Family locker rooms Parks,Recreation and Leisure Services When comparing a variety of community facilities the City Survey prioritized them as follows: 1. Outdoor water park 2. 18-hole municipal golf course 3. Expanded bike trails 4. Develop more nature trails • 5. Improve water quality at Round Lake 6. Acquire additional open space • Other lower supported facilities were as follows: 7. Indoor water Park 8. Improve facilities.for teen programs 9. Expand or renovate the Community Center • /15 - 10. 9-hole golf course 11. Expand or upgrade the park system 12. Improve facilities for seniors' y-. 13. Improve facilities for cultural and performing arts 14. Renovate historic homes and sites 15. Build more athletic fields Based on the survey regarding Community Center facilities and overall City facilities,it is apparent that an outdoor water park, 18-hole golf course, and trails are the highest supported facilities followed closely by improving)the water quality at Round Lake and acquiring additional open space. • This doesn't mean that the City doesn't have a responsibility to maintain and improve existing facilities such as the Community Center,historic sites or athletic fields. Communications The Community Program Brochure and the City Web site are the preferred ways for residents to access information. Not surprisingly individuals under the age of 35'show the strongest preference for the City Web site with those over 55 showing the lower preference. Issues and Challenges Overwhelmingly,residents demonstrate that the most important issues or challenges are: • Affordable taxes/balance of public services and property tax • Traffic congestion/inadequate road system Based on this information, affordable taxes are the most important issue facing the City and, therefore, other desired improvements may or may not outweigh that concern. Conclusions • Based on the results of the Community Forum and the City Survey,it is apparent that the majority of the residents of this community believe the City should have an outdoor water park, an 18-hole public golf course, expanded bicycle and nature trails, and improved water quality at Round Lake. The most support improvements at the Community Center would include an outdoor water park, a multi purpose space for teens and youth activities, and state of the art exercise facility. • Prior to making any decisions on additional Community Center or park improvements, the City Council will be evaluating needs in all service areas and attempting to prioritize those needs and determine possible funding sources. BL:mdd - • H/ambert 2001/Community Forum Memo to Commission 'iL : Nv.SOTA RECRL �� ASSOCI .10 Minnesota Recreation and Park Association • 3954 Bryant Avenue South • M iinnea Q Q q j� N ry polis,Minnesota 55409 QC� Ditr Phone:612/825-2200 • Fax 612/825-6201• Toll Free: 800/862-3659 siiiimmotiii May 18,2001 Mr.Bob Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr.Lambert, The Awards Committee for the Minnesota Recreation and Parks Associations is pleased to inform you that your organization has been selected to receive an Award of Excellence in 2001 for the Park Interpretive Panels community project. This year,the Awards Committee granted awards to 12 projects,including: COMMUNITY CATEGORY PROJECT/PROGRAM Northfield Parks and Recreation Facility Splash Pool St.Paul Parks and Recreation Facility Harriet Island Regional Park City of Shakopee Facility Joseph Schleper Baseball Stadium Plymouth Park and Recreation Facility Plymouth Creek Center and Fieldhouse City of Chanhassen Events Dave Huffman 5K Memorial Run Dakota County Parks Programming Outdoor Education Program City of Golden Valley Events Opportunity Fest Plymouth Park and Recreation Events The Chocolate Sampler City of Eden Prairie Communications Park Interpretive Panels Roseville Parks and Recreation Admin Strategies Reservoir Woods City of Eden Prairie Management Strategies 2000 Community Forum City of Plymouth Technology REC-CONNECT During the months of June-July-August,a member of the MRPA Awards Committee or Board of Directors will come to your community to present your Awards of Excellence at a City Council, Board or Commission meeting,or an event of . your choice. Please let me know(at 763-493-8340),when and where you would like the awards presented. Please call as soon as possible,so we can arrange for this presentation by one of our committee members.Try to give us 2-3 possible dates so we can arrange for a presentation on one of the days suggested. Again,congratulations on your selection as a 200 lAward of Excellence winner ! !SI'3i erely, ` /Fc . (Chair ' MRPA Awards Committee 1 Trb Printed on recycled paper with soy based ink. NIINNESOTA RECREATION AND PARK ASSOCIATION 2001 AWARD OF EXCELLENCE NOMINATION FORM Due date: May 4, 2001 Agency/Organization City of Eden Prairie Project Title Park Interpretive Panels MRPA Member Nominator Bob Lambert,Director Parks&Recreation Services Phone (952) 949-8440 Category Communications Please respond to each of the following headings in sequence. In responding,try to be clear and concise specifically addressing each of the points below. Please submit on 8 '/z x 11 typed pages in 10 or 12-point type. You must submit 20 copies of your nomination. Winner will be asked to showcase their projects at the annual MRPA conference during the Hall of Ideas. Deadline:May 4,2001. 1. Project description. 2. Outline the planning process for the project. 3. Outline funding plan for the project including: donations, grants, or public — private funding source. 4. Explain the level of collaboration involved and with whom. 5. Community Support: response to or support for the project including attendance, correspondence, newspaper articles, publicity, proclamations or other examples of public support. 6. Describe why the project is unique or otherwise deserving of an MRPA Award of Excellence. Include a sample of the publication, if nominating in the Publications Category. 7. Outline the evaluation or review process utilized throughout project's implementation and/or completion. Deadline for Submission is: May 4,2001 Submit 20 copies to: Minnesota Recreation and Park Association Award of Excellence Program 3954 Bryant Avenue South Minneapolis,MN 55409 For additional questions, call Jan Ficken (763) 493-9340 or Randy Distad(507) 645-3046 I 1. Project Description Establish a city-wide network of informative, attractive historic site and environmental area interpretive panels. This project initiated a program to provide on-site educational and historical information for the City's park and trail users,via the interpretive panel format. Communication is provided through unique use of graphic design,historic and recent photos, and written text. These elements have been combined in ten, 3'x 4', fiberglass embedded graphic(FEG)panels and manufactured to National Park Service standards. Panels are installed in the horizontal orientation at a 30° angle for ease of reading and accessibility. The framing system is double pedestal,built from 6061-T6 aluminum, and painted National Park standard brown. 2. Outline the planning process for the project. Planning the interpretive panels began in 1999. Following the City Council's approval to proceed with the project, City staff from Parks and Recreation Services and Community Development were brought together to plan the specifics of site selection,research and writing, and production. Site selection was determined by historical and,environmental quality and public accessibility. Information reviewed was provided by the City's Heritage Preservation Commission,Parks and - Recreation Services reports on Conservation Areas and Eden Prairie Historical Society. Five sites were identified for the initiation of the interpretive program. The sites selected represented a spectrum of resources, e.g.,historic structures,buildings, archaeology sites,landscapes,prairie remnants,woods, springs,wildlife, and a variety of other environmental features. • Research and writing was completed by City staff with assistance from a historian/editor retained by the City. Graphic design and layout were also done by a designer retained by the City. City staff worked closely with the editor and graphic art designer to achieve a functional,informative and attractive outdoor interpretive panel. Prior to production of the panels,City staff researched the various types of interpretive panels available, i.e.,material,durability,manufacturer's cost,etc. The FEG type of panel was selected based on its durability, full color graphics capability, and cost. Pannier Corporation was selected to fabricate the panels based on the company's experience in FEG manufacturing. Pannier also manufactured the aluminum mounting frames for the panels. The Park's Maintenance Department provided installation. 3. Outline funding plan for the project including: donations, grants,or public-private funding source. Funding for the project was received through a Certified Local Government(CLG) grant,which uses Historic Preservation Fund monies available from the U.S.Department of the Interior,through the Minnesota Historical Society. The City provided a matching portion through cash and in-kind service. The City's Heritage Preservation Commission made application for CLG funds in 1999. The award covered the costs of fabricating ten(10)3' x 4' FEG panels. The City's matching portion of the grant included costs associated with the editor and graphic arts designer. . • )9 • 4. Explain the level of collaboration involved and with whom. Throughout the project the City involved the Minnesota Historical Society's State Historic Preservation Office for review of historical content. As the granting agency,this was required and much appreciated by City staff. Environmental content was reviewed by Department of Natural Resources(DNR) staff, and Fort Snelling State Park staff. Many of the wildlife and plant pictures used in the panels were contributed by the DNR and Minnesota State Parks. The City was also assisted on archaeology content by the Office of the State Archaeologist with editing,photo contributions and graphics. The Eden Prairie Historical Society assisted with photo contributions,plat maps, and research on local history. V 5. Community support,response to or support for the project including attendance,correspondence, • newspaper articles,publicity;proclamations or other examples of public support. Response to the interpretive panels is outstanding, and planning is underway to expand the program. The City has received numerous requests to add'new sites and continue to build a comprehensive system of interpretive panels. . . 6. Describe why the project is unique or otherwise deserving of an MRPA Award of Excellence. The interpretive panel system is unique in Eden Prairie,no other public interpretation exists in Eden Prairie's parks or historic sites. The distribution of interpretive panels brings information to the public, providing meaning and value connections to the City's parks,trails, and historical resources. 7. Outline the evaluation or review process utilized throughout project's implementation and/or • completion. Each interpretive panel was reviewed prior to production for accuracy of historical facts, environmental facts, and text editing. Since this project's goal is to provide information to the park and historic site visitor through a non-formal,passive venue,no formal evaluation of the interpretive panels is planned. • • • Fp-TN IT- Ka 1 1 IN ',..f ;-:-.:.: iP..:`-4..;.1 ee 1 IT ,...., ... .. ... _•..._,......„. -m a6xr_' C 'III j 42 _� a aE+ :�tih�:9 • } ... ems$ 3 VsaE i . E gto�b .. 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',,•. '•t IL, i'14•.1 =? 400 .r.� 1i a-C rv", ..,t- y'" ,4 L 0.o1,"••.�.•. m^ o Y 1e 5 i ty,to• _ 4 P • ' / .4413 ,: ,4rJt..-, ...�r•_ ,- ••• ' . _s-. ‘...,.,.,,,',t„,,,„ ♦ ..�` ,s• ••, .aa� n 1': -•-- . .• -•./_ti; , •-.- ," .:., I1 '.. ._,.r•r 1t'i tiw "t"'It -11r r-- !� C- r:+" ... i' 1 _ _` �I ..1.r _ - 7„, i )1 ./. 7„1110 r,i. - '. R" � i Ki ! t • . nil . ......_., ,.. .., .,.. . .....„,, „„ 1 .t 42'4jht N,'♦.f.•ir'_ • aw•'' ri 4- . c c . ••# 1 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 19,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: . ITEM NO.: Police/C.O.P.Unit Clerk's License Application List Gretchen Laven . A These licenses have been approved by the department heads responsible for the licensed activity. Commercial Lawn Fertilizer Applicators • Parkway Lawn Service Raffle Organization: American Cancer Society Place: Eden Prairie Central Middle School Date: July 20,2001 • - 1 - CITY COUNCIL AGENDA DATE: 06/19/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Bluff Country Village Amendment Michael D. Franzen Requested Action Move to: • • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.2 acres and Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres; and • Adopt the Resolution for Site Plan Review on 7.2 acres; and • Approve the Developer's Agreement for the Bluff Country Village Amendment Synopsis This is an amendment to the approved 29.5-acre PUD with the following uses. • A 3-story, 40-unit senior building with 11,622 square feet of retail space on the first floor. (This replaces the 30-unit senior building east of Hennepin Town Road.) • A 23,945 square foot retail building, 3 townhouses, 12 live/work-townhouses, and 8 senior townhouse units. (This replaces the 27,000 square foot retail building, 5,500 square foot convenience gas, 58 car park and ride, and 15 live-work townhouse units west of Hennepin Town Road.) The project is located in the northwest corner of the intersection of Pioneer Trail and Highway 169. Attachments 1. Ordinance for PUD District Review with waivers,Zoning District Amendment and Zoning District Change 2. Resolution for Site Plan Review 2. Developers Agreement BLUFF COUNTRY VILLAGE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2001-PUD-13-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District on 3.0 acres and be placed in the Neighborhood Commercial Zoning District and amended within the Neighborhood Zoning District on 4.2 acres, 18-2001-PUD-13- 2001 (hereinafter "PUD-13-20 0 1-N-Com") Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 19, 2001, entered into between The Bluffs Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-13-2001-N-Corn, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-2001-N-Com is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2001-N-Com is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-13-2001-N-Com are justified by the design of the development described therein. D. PUD-13-2001-N-Com is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. 2 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and amended within the Neighborhood Commercial(N- Com)Zoning District and shall be included hereafter in the Planned Unit Development PUD-13- 2001-N-Com and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of May, 2001, and finally read and adopted and ordered published in summary form as attached hereto at.a regular meeting of the City Council of said City on the 19th day of June, 2001. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A BLUFF COUNTRY VILLAGE 2001 AMEMDMENT Legal Description: Outlot B and C,Bluff Country Village Legal Description after Final Nat: Lots 1-5,Block 1,Bluff Country Village Lot 1,Block 2,Bluff Country Village • BLUFF COUNTRY VILLAGE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 18-2001-PUD-13-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,E, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Pioneer Trail and Hennepin Town Road by removing it from the Rural Zoning District on 3.0 acres and placing it in the Neighborhood Commercial Zoning District and amending land within the Neighborhood Commercial Zoning District on 4.2 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 5 BLUFF COUNTRY VILLAGE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BLUFF COUNTRY VILLAGE AMENDMENT BY THE BLUFFS COMPANY WHEREAS, The Bluffs Company, has applied for Site Plan approval of Bluff Country Village Amendment on 7.2 acres for construction of 3 townhomes, 12 live/work-townhouse units, 48 senior apartment units and 35,567 square feet of commercial, to be zoned in the Neighborhood Commercial Zoning District on 7.2 acres by an Ordinance approved by the City Council on June 5,2001; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its April 9, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its May 1, 2001,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Bluff Country Village Amendment, for the construction of 3 townhomes, 12 live/work-townhouse units, 48 senior apartment units and 35,567 square feet of commercial, based on plans dated April 23, 2001,between The Bluffs Company, and the City of Eden Prairie. ADOPTED by the City Council on June 19,2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT BLUFF COUNTRY VILLAGE 2001 AMEMDMENT THIS AGREEMENT is entered into as of June 19, 2001, by Hustad Investment Corporation,a Minnesota esota company,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment on 7.2 acres,Planned Unit Development District Review on 7.2 acres,Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.2 acres, Zoning District change from Rural to Neighborhood Commercial on 3.0 acres, Site Plan Review on 7.2 acres,Preliminary Plat of 7.2 acres into 5 lots, legally described on Exhibit A(the"Property"); WHEREAS, the conditions of this agreement supersede the Bluff Country Village East Commercial Agreement, dated December 9, 1999,the First Amendment to Developer's Agreement For Bluff Country Village Commercial East dated August 19, 2000, Bluff Country Village West Commercial Agreement, dated October 19, 1999, and the First Amendment to Developer's Agreement For Bluff Country Village Commercial West, dated August 19, 2000. NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review, Zoning District Change from Rural to Neighborhood Commercial, and Zoning District Amendment in the Neighborhood Commercial District,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated ,reviewed and approved by the City Council on and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. UTILITY PLANS: Developer agrees that the utility and drainage plan contained in Exhibit B is conceptual. Prior to issuance by the City of a building permit for Lot 1, Block 2 of the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for the installation of a public storm sewer pipe extending from the easterly property line at Outlot A to the pond within Outlot A. The strom sewer pipe shall be sized to carry the hydraulic flow as determined by the City Engineer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 Plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value to City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control.Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. LOADING: Developer agrees to construct a roof over the loading area as set forth on the plans identified on Exhibit B, attached hereto. 1 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 12. PROOF OF PARKING SPACES: Developer and City acknowledge that the 33 proof of parking spaces proposed for the Property, as set forth in the plans identified on Exhibit B, are designated for use by the and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 13. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD list PUD number): A. Front yard parking setback from 35 feet to 17.5 feet on the west side of Hennepin Town Road according to Exhibit B 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls as set forth on the plans identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. /O 15. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east side of the entire length of Hennepin Town Road from the north driveway entrance to Pioneer Trail.) asset forth on the plans identified in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located along the west side of the entire length of Hennepin Town Road)as set forth on plans identified in Exhibit B,attached hereto. Prior to Building Permit issuance,Developer agrees to submit to the City Planner and obtain the City Planner's written approval of a comprehensive sign plan for all pylon, PUD and monument size signs. Developer agrees that all signs shall be constructed of similar materials and colors with letters of a consistent style,color and size. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. TREE LOSS-TREE REPLACEMENT: There are 3,775 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,708 diameter inches. Tree replacement required is 932 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 932 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 18. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet • II in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. TRASH ENCLOSURE: Developer agrees that the trash and recycling shall be located inside of all buildings on the property. 20. PEDESTRIAN WALKWAYS IN FRONT OF RETAIL BUILDINGS: Developer agrees to construct pedestrian walkways in front of all retail buildings, consistent with the pedestrian walkway plan as set forth in the plans in Exhibit B, attached hereto. Final construction plans shall include decorative paving,lighting, street furniture, and landscaping. Developer agrees that the pedestrian walkways shall be same for all retail buildings within the Planned Unit Development. CITY COUNCIL AGENDA DATE: 06/19/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Flying Cloud Business Park V L .0 Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 19.3 acres and Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres; and • Adopt the Resolution for Site Plan Review on 19.3 acres; and • Approve the Developer's Agreement for the Flying Cloud Business Park Synopsis This project is two, one story office-showroom buildings totaling 172,111 square feet located in the northwest corner of Pioneer Trail and Highway 212. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement FLYING CLOUD BUSINESS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2001-PUD-14-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development I-2 Zoning District 19-2001-PUD-14- 2001 (hereinafter"PUD-14-2001-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 19, 2001, entered into between Moen-Leuer Construction, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-14-2001-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-2001-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2001-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-2001-I-2 are justified by the design of the development described therein. D. PUD-14-2001-I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the I-2 Zoning District and shall be included hereafter in the Planned Unit Development PUD-14-2001-I-2 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of May, 2001, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of June, 2001. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 EXHIBIT A flying Cloud Business Park Legal Description: PARCEL 1 That part of the North 1185 feet of the Northeast Quarter of Section 27, Township 116 North,Range 22 West of the 5th Principal Meridian lying West of the East 990 feet thereof and East of a line parallel with and 21 1/3 rods Easterly measured at right angles from a line drawn from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter. PARCEL 2 That part of the Northeast Quarter of said Section 27 lying south of the North 1185 feet thereof and lying West of the East 990 feet thereof and east of a line parallel with and 21 1/3 rods Easterly measured at right angles from a point on the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter and Northerly of County Road No. 1 and Northwesterly of U.S. Highway No. 169. EXCEPTING FROM THE FOREGOING PARCELS That tract of land lying in Section 27, Township 116, Range 22, Hennepin County, Minnesota more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of said Section 27, thence North 89 degrees 34 minutes 17 seconds West assumed bearing along the north line of said Northeast Quarter a distance of 990.00 feet to the point of beginning of the exception being described thence South 00 degrees 33 minutes 59 seconds West parallel with the East line of said Northeast Quarter a distance of 737.21 feet; thence North 83 degrees 11 minutes 30 seconds West a distance of 932.45 feet to an intersection with a line parallel with and 21 1/3 rods East of a line running from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner thereof thence North 4 degrees 34 minutes 44 seconds West along the last above described parallel line a distance of 636.00 feet to the North line of said Northeast Quarter thence Easterly along said North line a distance of 953.98 feet to the point of beginning. PARCEL 3 That part of the Northeast Quart of Section 27, Township 116, Range 22, West 5th Principal Meridian, Hennepin County,Minnesota, described as: Commencing at a point in the North line of said Northeast Quarter of Section 27, distant 280.5 feet East from the Northwest corner of said Northeast Quarter; thence Southeasterly in a straight line, which if produced Southeasterly will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 at a point distant 41 rods East from the Southwest corner thereof a distance of 1117.04 feet to the actual point of beginning of the land to be hereinafter described; thence continuing Southeasterly along said last described line a distance of 262.96 feet; thence East at right angles 228 feet; thence South at right angles to a point distant 20 feet North of the center of Old County Road No. 1; thence Easterly parallel with the center line of said road to its intersection with a line distant 21 1/3 rods Easterly at right angles from and parallel with the said first above described line; thence Northerly along said last described parallel line to its intersection with a line drawn Easterly from the actual point of beginning at right angles to the first above described straight line; thence Westerly along said last described right angle line to the actual point of beginning. PARCEL 4 That part of Section 27, Township 116,Range 22, described as follows: Commencing at a point in the North line of the Northeast Quarter, distant 280.5 feet East from the Northwest corner thereof; thence Southeasterly, distant 1380 feet along a line which if extended would intersect the South line of the Northwest Quarter of the Southeast Quarter, distant 676.5 feet East from the Southwest corner thereof to the actual point of beginning; thence Northeasterly at right angles, distant 228 feet; thence Southeasterly at right angles to the centerline of Pioneer Trail; thence Northwesterly along the centerline to a point of intersection with the first described line; thence Northwesterly to the point of beginning, except road,Hennepin County,Minnesota. Torten Certificate No. 790272 PARCEL 5 That part of the Northeast Quarter of Section 27, Township 115, Range 22 bounded as follows, to wit; Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence in a Southeasterly direction 1465 feet along a straight line (said line to be hereafter known as line "A") which if produced will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27, Township 116, Range 22. at a point 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter, for a point of beginning; thence East parallel with the North line of said Northeast Quarter to a point in a line 21 1/3 rods Easterly at right angles form and parallel with aforesaid line "A"; thence Southeasterly in a straight line parallel with aforesaid line "A" to the North line of County Road No. 1, as now established; thence Northwesterly along the North line of said County Road No. 1 to its intersection with the aforesaid line "A"; thence Northwesterly along said line "A" to the point of beginning. Except the following: That part of the Northeast Quarter of Section 27, Township 116, Range 22, described as follows: Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence Southeasterly along aforesaid line "A" a distance of 1380 feet to the actual point of beginning of the tract to be described; thence East at right angles 228 feet; thence South at right angles to the center line of County Road No. 1; thence Westerly along said center line to said line "A"; thence Northerly along said line "A"to the point of actual beginning. Flying Cloud Business Park Legal Description after Final Plat: Lot 1 and 2,Block 1,Flying Cloud Business Park FLYING CLOUD BUSINESS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 19-2001-PUD-14-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the northwest corner of Pioneer Trail and Flying Cloud Drive from the Rural Zoning District to the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 6 FLYING CLOUD BUSINESS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO,2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FLYING CLOUD BUSINESS PARK BY MOEN-LEUER CONSTRUCTION WHEREAS, Moen-Leuer Construction, has applied for Site Plan approval of Flying Cloud Business Park on 19.3 acres for construction of two office/industrial buildings totaling 172,111 square feet, to be zoned in the I-2 Zoning District on 19.3 acres by an Ordinance approved by the City Council on June 5,2001; and WHEREAS; the Community Planning Board reviewed said application at a public hearing at its April 9,2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 1, 2001,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Moen-Leuer Construction, for the construction of two office/industrial buildings totaling 172,111 square feet, based on plans dated April 23, 2001, between Moen-Leuer Construction, and the City of Eden Prairie. ADOPTED by the City Council on June 19,2001. • Jean L.Harris,Mayor • ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT FLYING CLOUD BUSINESS PARK THIS AGREEMENT is entered into as of June 19, 2001,by Moen-Leuer Construction, a Minnesota Company,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Medium Density Residential to Office on 9.00 acres,Planned Unit Development Concept Review on 19.3 acres, Planned Unit Development District Review with waivers on 19.3 acres, Zoning District Change from Rural to I-2 on 19.3 acres, Site Plan Review on 19.3 acres, and Preliminary. Plat on 19.3 acres into 1 lot and road right of way, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District change from to ,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated April 23, 2001, reviewed and approved by the City Council on June 19, 2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements,and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 4. CROSS ACCESS,PRIVATE UTILITY AND MAINTENANCE AGREEMENTS:Prior to release of a final plat for any portion of the Property,the Developer shall enter into a cross access and maintenance agreement with the owner of Property identified as 27-116-22-12- 0003, the form and substance of which must be approved by the City Engineer. This Agreement shall address vehicle access and maintenance of the driveway. All of these facilities shall be privately owned and maintained by the Developer or Owner. The Developer shall also provide a cross access, private utility and maintenance agreement between Lots 1 and 2,Block 1,the form and substance of which must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas and driveways,pond and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to release of the first building permit for the Property,Developer shall submit proof to the City Engineer proof that both cross access,private utility and maintenance agreements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City.The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading plan shall include a stabilization and reforestation plan for areas of existing active erosion. The final grading and drainage plan shall include all water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-2 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Front yard setback to parking from 50 to 35 according to Exhibit B. B. Increased office use from 50%to 85% 13. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 15. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located along Pioneer trail and Highway 212 as depicted in the Plans. I I Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. TREE LOSS-TREE REPLACEMENT: There are 2,649 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,249 diameter inches. Tree replacement required are 843 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 843 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 18. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. TRASH ENCLOSURE: Prior to Building permit issuance,Developer shall submit to the City Planner, and obtain the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 20. SPECIAL ASSESSMENT AGREEMENT—EXHIBIT F:Prior to release of a final plat for any portion of the Property,Developer shall sign an assessment agreement,in form and substance attached as Exhibit F,for trunk sewer and water assessments on an assessable area of 19.3 acres at the per acre rate then in effect. 21. SPECIAL ASSESSMENT AGREEMENT FOR PUBLIC UTILITY CONSTRUCTION:Developer may petition City for the construction of the public portion of the sanitary sewer and watermain shown in the Plans. If the City accepts the petition,the Public Utilities would be constructed by the City as part of a larger project serving the Property and other properties. If the City accepts the petition, thereafter the City would prepare a Feasibility Study showing the public utility improvements and the properties to be assessed. Prior to the issuance of any building permit for the Property,the City Council must have awarded a construction contract for the Public Utilities and the Developer shall enter into an assessment agreement with the City agreeing to assessments as proposed in the Feasibility Study. The Developer also agrees to provide all temporary and permanent easements for the Public Utilities at no cost to the City. In the event that timing of the Public Utility construction by the City is inconvenient for the Developer,Developer may proceed to construct the Public Utilities at its sole expense. In this case, Section 3 of this Developer's Agreement shall apply. 22. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement the Travel Demand Management Plan (TDM), attached as Exhibit E, at the site to help reduce traffic congestion. The TDM Plan, at a minimum, will be consistent with the suggested plan outline and budget, which is attached as Exhibit E. Prior to issuance of a building permit on the Property,Developer will provide to the City a Letter of Credit in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a "draw-down"basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manner: a) The Developer shall periodically submit to the City receipts of expenses associated • with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. • '3 CITY COUNCIL AGENDA DATE: June 19, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Flying Cloud Business Park Engineering Services • .D Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Flying Cloud Business Park Synopsis This proposal,located in the Northwest Quadrant of TH 212 and CSAH 1, the plat consists of 19.3 acres to be divided into two lots. Developer has proposed to construct two office/industrial buildings totaling 172,000 square feet. Background Information The preliminary plat was approved by the City Council May 1, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on June 19, 2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,161.60 • Prior to release of the final plat, Developer shall provide*to the City a current title insurance policy insuring such a condition of title • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall enter into a cross-access, private utility and maintenance agreement Attachments Drawing of final plat RS:ssa { CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD BUSINESS PARK • WHEREAS,the plat of Flying Cloud Business Park 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 Flying Cloud Business Park is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 19,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution • to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 19,2001. Jean L. Harris,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk _ N y. a g •� _..�..— —.._.._.._.._.._.._.._.._.._.._.._.._.._ g I �•\ aI '�• �\ z° 0. �� s a I- CC • R tS AoC le•r•S it r/,]R•v,I.,..t on 7..I,1•.W v., / 17,„.i' 1'6'663 N.91,s3.00N\ , '1 1: Nit ceTc� iR,.cr aos 7 �` - '_tJf• ''/N \ • wn ilfsiLoof 1 . ••••" • I `' l 4 I Elf i �`�s� �� '�'T,.*es\ • I <111[ . I I • a ` `♦ �. 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Z _. _ ._. _.._.._.._.._.._.._.._.._.._ ._.. _.._..�. _.._..• �",��_.._ Zp I- i' { ci) • Qe 4.;r I i; +a i at • �' 1• 'I�� 1j�5 }C Ni K I p 8 I! §.A pEY J, 7 —1-f•--' cs LC tgg N tl i c, ! 1 I s'- I€.. 1 G1 O g'g, I ss <C T I ....I_ 1313 S • spa ', / I1 w CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 06/20/00 SERVICE AREAJDIVISION: ITEM DESCRIPTION: Donald Uram Resolution declaring the City's intent to exercise ITEM NO.: Director of Community Local Transit Levy Option for Taxes in 2002 VITI Development&Financial Services Requested Action Move to: Adopt resolution declaring the City's intent to exercise the Local Transit Levy Option for Taxes payable in 2002. Synopsis According to statute, each year SWMT must request that its three service communities participate in the Local Levy Transit Option that provides that the City, instead of the Metropolitan Council, levy the transit tax. Based on Staff's expectation that levy limits will be re-established for taxes payable in 2002, Staff recommends that the levy for transit increase by the same percent as the City's 2002 general fund levy. In the past this figure has been about six percent. After approval by Eden Prairie and the other two cities, SMTC will notify the Metropolitan Council and the Commissioner of Revenue of the intent of the cities and SMTC to participate in the option. The deadline for that notification is June 30, 2001. Background Information The adoption of the resolution will set a maximum transit levy amount for the City of Eden Prairie to levy its property owners. As with the City's process, this is not necessarily a final levy number, but a maximum amount that will not be exceeded for 2002. Detailed budgets will be completed in tandem with the City's processes and presented for Council review. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- DECLARING INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2002 WHEREAS,Laws of Minnesota for 1996, Chapter 455, Section 4(the"Local Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen, and Chaska,to make a local transit tax levy in lieu of receiving assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388, subdivision 4; and, WHEREAS, said local transit levy will replace a similar transit tax levy which would otherwise be made by the Metropolitan Council; and, WHEREAS,in order to effectively exercise the local transit tax levy option,it is necessary that each of the Cities of Eden Prairie,Chanhassen, and Chaska,notify the State Commissioner of Revenue and the Metropolitan Council of its intent to levy the taxes before July 1 of each levy year and to include in the notification the amount of the City's proposed transit tax for the levy year; and, WHEREAS,it is in the best interest of the City of Eden Prairie that it declare its intent to exercise the local transit levy option for taxes payable in 2002. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie as follows: 1. The City hereby declares its intent to exercise the local transit tax levy option for taxes payable in 2002 as permitted by Local Levy Option Act and as certified by the State Commissioner of Revenue in accordance therewith. 2. The City Administrator/Manager is authorized and directed to give the State Commissioner of Revenue and the Metropolitan Council notice of the City's intent to exercise the local transit tax option for taxes payable in 2002 in accordance with the notice, attached hereto as Exhibit A and incorporated herein by reference. ADOPTED by the City Council of the City of Eden Prairie this 19th day of June,2001. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk a EXHIBIT A NOTICE OF INTENT TO EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES PAYABLE IN 2002 The State Commissioner of Revenue and the Metropolitan Council are hereby notified that the City of Eden Prairie,Minnesota, intends to exercise the local transit tax levy option for taxes levied in 2001 and payable in 2002 pursuant to Laws of Minnesota for 1996, Chapter 455, Section 4. The proposed amount of the City's transit tax for the 2002 levy year is $ i.e. the maximum amount certified by the State Commissioner of Revenue in accordance with Laws of Minnesota for 1996, Chapter 455, Section 4, for taxes levied by the City in 2001 and payable in 2002. By order of the City Council of the City of Eden Prairie. 3 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5543 ITEM NO.: Engineering Services Approve Professional Services Agreement with Randy Newton SEH for Traffic,Trail and Watermain 6 Eugene A.Dietz Improvements at the Intersection of TH 212/ Valley View Road/Bryant Lake Drive Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for preliminary design of traffic, trail and watermain improvements at the intersection of TH 212/Valley View Road/Bryant Lake Drive. Synopsis At the June 5, 2001 meeting, City Council approved the Memorandum of Understanding with Mn/DOT for a project in the general area of the TH 212 /Valley View Road interchange. As a • result, city staff obtained a Professional Services Agreement with SEH for the preliminary design of the project. Once the scope and cost of the project is further defined an additional Professional Services Agreement will be required to complete the design. • Background Information The TH 212 / Valley View Road / Bryant Lake Drive project is a cooperative project with Mn/DOT that includes double left turn lanes from Bryant Lake Drive to Valley View Road, incorporation of a trail that will connect Valley View Road to Bryant Lake Park and replacement of the watermain that has been a continuing maintenance problem. Due to the integral nature of these three issues, MnDOT has agreed to accelerate the traffic improvements for this corridor and allow the City projects of the bike trail and watermain to be incorporated into one contract if the City will take the lead in the design of the work. The time line for this project continuous to be ambitious, with a goal substantial construction completion by the end of the 2001 construction season. Financial Implications The preliminary design for the TH 212 / Valley View Road / Bryant Lake Drive project is estimated at $22,454. This cost includes the layout development and preliminary design elements (25% of final design). This work will also help define the scope and cost of the remaining final design elements. Although not defined, it is anticipated that the additional final design work will be approximately$50,000 The funding for the construction of this project is as follows: • Trail — this project is jointly funded through a $50,000 DNR grant and through the trail improvement section of the CIP as currently approved. • Watermain — the replacement of the watermain would be an operation and maintenance expense from the Utility Enterprise Fund budget. • Traffic — as stated in the Memorandum of Understanding Mn/DOT has pledged funding for the cost of the traffic improvements. Attachments Professional Services Agreement • • G:11SSA COUNCIL 2001\Proposal for Professional Services 6-19-01.doc Assei10901 Red Circle Drive,Suite 200,Minnetonka,MN 55343-9301 952.912.2600 952.912.2601 FAX architecture - engineering • environmental - transportation June 11,2001 RE: City of Eden Prairie TH 212/Valley View Road Proposal SEH No.P-EDENP0105.00 Randy Newton The City of Eden Prairie 8080 Mitchell Road • Eden Prairie,MN 55344-4485 Dear Mr.Newton: Short Elliott Hendrickson Inc. ® (SEH) is please to submit this proposal you requested in your memorandum to me dated May 30, 2001. This proposal is to provide design services for the TH 212/Valley View Road Improvement Project. Specifically, this project includes the following components: • Safety/capacity improvements at the Valley View Road/TH 212 interchange including: providing dual left-turn lanes on the north approach of the west ramp, a right-turn lane on the east approach of the east ramp and redesign of the lane assignments on the west approach of the east ramp. • Updating the recreational/transportation trail plans along the west side of Bryant Lake Drive and Shady Oak Road to meet State Aid standards. • Replacing the city's water main across the TH 212 west ramp. • Providing traffic signal interconnect design on Valley View Road from Market Place Drive to TIC 212 and from Topview to Prairie Center Drive. These project elements are consistent with the Memorandum of Understanding (MOU) currently under consideration between Mn/DOT and the City. The attached spreadsheet is a work plan that is broken into two main tasks —Layout Development and Design Plans. At this time there are several unknowns that make estimating the level of effort difficult. Understanding that the City would like to construct the project this year,I met with Mn/DOT and tried to understand the remaining issues.Essentially there has been very little front-end work done on Mn/DOT's portion of the project. This is why I included the Layout Development task. The Layout Development task is provided to allow us to get Mn/DOT concurrence on the right layout concept to take into final design plans. According to Wayne Norris at Mn/DOT, there is not a Mn/DOT staff approved layout available. He has indicated we would need to do a Level 3 layout. This means we would need a formal review at the District level and an informal review by Central Office. The layout would be approved and signed at the Metro Division,not at Central Office. This will save time and effort on our part. I estimate about one week for us to develop an initial layout, and Wayne has indicated he could hand-carry the layout around the District for review. This would take about another week.After that we could start working on the design plans in earnest. The real unknowns in this preliminary phase are wetland impacts, soil conditions for both pavement design and water main design, and trail versus intersection cross-section. It is unclear whether or not we can fit the additional turn-lanes and the trail in the same section without impacting the wetland. We may need to consider alternatives such as retaining walls, geo-grids, shoulder width design exceptions, or some combination of these to make it work. If they don't fit, we will need to mitigate/bank wetland impacts and get permits from the appropriate agencies. Wayne has also requested that we do intermediate cost checks during the development of the project to make sure the scope/cost does not get out of hand. Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer 2 Randy Newton June 11,2001 Page 2 We are assuming at this time that project specific soils work has yet to be done to determine the appropriate pavement and water main treatments.It's very clear that this is a"muck area"and it will need special consideration.If soil borings need to be provided and soils analysis done,that will take additional time and require subcontracting with a soils firm. The Design Plans task is provided to develop full plans, specifications, and estimates for the design of the intersection. In addition to the items in your letter, I have added a.task for developing a Project Memorandum (PM). The PM is required by Mn/DOT to document Mn/DOT's design standards. Since there are several unknowns remaining in the project definition, the following are assumptions we have made for purposes of budget development: • Soils information will be available from Mn/DOT for pavement design. Additional soil borings and soils design is not included. • Wetland delineation and mitigation/banking is not included in this proposal. We can provide this service at additional cost if it becomes necessary. • Wetland permits from the Corps of Engineers and Mn/DNR are not included. We will be better able to estimate that cost, if any, after the Layout Development task is completed and we know the full extent of wetland impacts. • Basemapping for final design is available from Mn/DOT.No survey hours have been included. • A cultural resources review will need to be performed before the Project Memorandum can be approved.We have included hours for SEH to do a cultural resource screening.Depending on the results of the screening,Mn/DOT's Cultural Resources Unit may require additional investigation. If so, SEH will coordinate with Mn/DOT's selected contractor to complete the necessary state and federal clearances (i.e., SHPO and Section 106). • Trail design has gone through the public involvement process and no public/property owner meetings are needed to further define the trail alignment.Trail plans simply need to be brought up to State-Aid review standards. • No R/W services, such as surveys,easements,descriptions, etc.,are required for the project. Given the unknowns, the attached spreadsheet reflects a cost for developing the project to a point where we can more accurately estimate the final design effort. We have provided hours to do the preliminary layout task,which will result in better project definition. In addition, we have provided hours in the final design task to allow us to proceed with plan set-up and initial design. This will prevent us from losing any time in the schedule while we work out the preliminary details.The balance of the final design task would be negotiated with the City at the conclusion of the Preliminary Layout task. This work would be performed on an hourly basis with a cost not-to-exceed$22,454.00. Mn/DOT will dictate the schedule in large part. Several items need Mn/DOT review, including: • Level 3 Geometric Layout—As discussed above,we will need about a week of review time at the Metro Division.Nothing has been done on this task to date by Mn/DOT. • Project Memorandum — This could take from 3 to 4 weeks for review depending on the complexity of the project. This review can be done concurrently with final plan development and should not hold up the project. • Final Plans—Mn/DOT requires a minimum of 12 weeks of Central Office review from the time your plans are 100% complete to the time you open bids. This time is required for plan review, obtaining Mn/DOT signatures, and developing the cooperative cost agreement with the City. In addition, they require a minimum of 2 to 3 weeks of review time before that at the District level to get to the 100% complete stage. They are suggesting we plan on approximately 15 weeks from the time we essentially complete with the plans to the time of bid letting. • Randy Newton June 11,2001 Page 3 Our goal for the schedule will be to use the month of June to define the project, develop and finalize the layout and start final design.If nothing unexpected arises,we will then use the month of July to complete the plans for submittal to Mn/DOT by the end of July.According to Mn/DOT,this is when their 15-week clock starts ticking to bid letting. We have attached the General Conditions you provided to SEH and included a signature block for the Mayor and City Manager. If this proposal is acceptable, please obtain the city signatures and return an executed copy to SEH. Thank you for the opportunity to submit this proposal. Please call me at 952.912.2623 if you have any questions. Sincerely, Scott McBride,P.E. Project Manager Attachments c: Dave Halter, SEH Accepted this day of 2001. The City of Eden Prairie By: By: Jean Harris,Mayor Chris Enger,City Manager N:\Trans\Proposals\Eden Prairie\TH212-WR\06-11-01 Proposal Revised.doc • LU c0 o o � v o "Cr Q 0 C in N P 0 o°' U) u, EA- J co c)I--et � co co O O O O O O O O O O O N N O O I- 2 — C c Q) Q � �. O M o N d . V h CO d o N L 'C... -C a) as co CO • N coN e' ,c 'O �G et d' ti O a) co w m .V.41.2 cm0u a) E C) C I- 0 .a CO co et 0 CO N 't r N r N N �- M CO L C v Cr. _o co c s. • O _ o O C O N d' ,- N CO3 COO al L t6 o ..c 0 11 m o N • L) V N. N O, N N a) w O N GL 'L a) E m a _c 0I- o a 4-1 C v E ? . r� T • - O o O M CL COI N Y o ro N V -I o o a o U Q O rn R. a T CD C° A T., o cn 0 o 5 CO E kel LL O w o o \ c 8 a W a) � cd ca C. E-----,U N Wal MI --3c ' oAy a o as N >, O a) O o cN g) . L. C > NY O ' 0 A : '> y O ' cV C) m p a) a) a, 'ID 'qGbopC g , a4 00 - CCI G W ". � 0 ' a ba, a T _c,W Ca o EQ A Qo3o ' o ad i ? r b To N a) Z. 0a) 3i; o tin ° a N c) v i a) a 1-, T raaa) w NIL.O CcJA v ❑ wop- cnE-, xNw El) rnaw ,4 U) • N CO o ,- NCO Cl c- N Cr) 'd' LO CO 1` CO CD c- c- .,.. .,_ I COiz U T' • r e— CV CV N CV N N c.; CV h! N N N N N U) 6 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all • applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take • reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly, and a fmal 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney ' negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 0 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom • Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 9 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights,or interests in the 17.1 The Consultant shall at all tithes abide by Minn.Stat. 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race, color, creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include its reasonable additional charges,if any,due to the delay. a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No fmal payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 .relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 /`� CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Consent Agenda SERVICE AREA/DIVISION: Public Works Service Area ITEM DESCRIPTION: Bearpath Development-Annual ITEM NO.: Leslie Stovring Monitoring .14 Eugene Dietz Requested Action • Move to: Approve a professional services agreement with Bonestroo Rosene Anderlik & Associates for the 2001 bog-monitoring program at the Bearpath Golf and Country Club. Synopsis The City of Eden Prairie began coordinating the sampling program for the three bogs at Bearpath Golf& Country Club in 1996, in accordance with the COE permit guidelines. The monitoring program for 2001 will include vegetation monitoring in late July and water quality sampling in late October/early November. Background The bog monitoring activities at Bearpath began in 1992. A long-term sampling and monitoring plan for the three existing bogs was developed as a special condition of the U.S. Army Corps of Engineers (COE) permit.issued in September 1993. The monitoring program was developed to assess potential changes in the bog ecosystems both during and after construction of the golf and country club. The program includes assessment of the water quality and vegetation at the three bogs. The sampling program was designed to monitor changes at the most sensitive areas of each wetland basin. The COE has stated that the vegetation and water quality monitoring need to be conducted in 2001 due to the continuing encroachment of invasive species, fluctuations in water quality and the continuing buffer strip enforcement issues. The City will meet with the COE after the 2001 water quality-sampling event to re-evaluate the program to determine a new schedule for long-term monitoring. • Proposal Summary • Three companies submitted proposals for the 2001 water quality sampling. They included STS Consultants, Ltd. ($11,900), Bonestroo Rosene Anderlik & Associates ($9,900) and URS Corp. ($10,020). Attachments Proposal for Conducting Bearpath Annual Bog Monitoring,BRA&Associates dated June 11,2001. 1 • Bonestroo,Rosene,Anderlik and Associates;Inc Is an Affirmative Action/Equal Opportunity Bonestroo Employer and Employee Owned Rosene Principals:Otto G.Bonestroo,P.E.•Marvin L Sorvala,RE.•Glenn R.Cook,P.E.- ■ Robert G.Schunicht,RE.•Jerry A.Bourdon,P.E. Anderlik& Senior Consultants:Robert W.Rosene,RE.•Joseph C.Anderlik,RE.•Richard E.Turner,RE.• Susan M.Eberiin,C.P.A. Associates Associate Principals:Howard A.Sanford,RE•Keith A.Gordon,RE•Robert R.Pfefferle,P.E.• Richard W.Foster,RE.•David O.Loskota,P.E.•Robert C.Russek,A.I.A.•Mark A.Hanson,RE• Engineers&Architects Michael T.Rautmann,P.E.•Ted K.Field,P.E.•Kenneth P.Anderson,RE.•Mark R.Rolls,RE.• David A.Bonestroo,M.B.A.•Sidney P.Williamson,RE„LS.•Agnes M.Ring,M.B.A.•Allan Rick Schmidt.P.E. Offices:St.Paul.St.Cloud,Rochester and Willmar,MN•Milwaukee,WI Website:www.bonestroo.com June 11,2001 • Ms.Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Leslie: . Thank you for the opportunity to present you with a proposal to conduct annual water quality and vegetation monitoring in the bogs at Bearpath. Our proposal for completing monitoring during the 2001 season is provided in the form of this letter that,when signed by both parties,will become an agreement between the City of Eden Prairie("City")and Bonestroo,Rosene,Anderlik&Associates, Inc. ("Ecologist"). • Project Understanding The City of Eden Prairie is seeking to carry out ongoing monitoring of water quality and vegetation characteristics within three bogs in the Bearpath development.These bogs are not only a significant natural feature within the City of Eden Prairie,but also for the Twin Cities and southern Minnesota. Monitoring efforts in the past several years have documented a notable shift in the vegetation composition within the three.bogs.Vegetation shifts include a rise in the incidence of nonnative species and an apparent increase in the presence of native plants that require a more nutrient-rich surrounding than is typically found in bogs.Additionally,the physical characteristics of water samples indicate a shift in nutrient levels,particularly phosphorous,that have the potential to impact the bogs' long-term composition,structure,and function.Regular monitoring is essential to . document changes-in water quality and vegetation to formulate and justify potential adjustments in management of the bogs and their immediate watersheds. Scope of Ecologist's Basic Services Tasks for the Bearpath Annual Monitoring Project include the following: • Water quality sampling during the last week of October or first week of November 2001 • Meander vegetation survey during the last two weeks in July 2001 • Prepare a Final Report,with one Draft Report submitted for review by January 11,2002 Water Quality Monitoring Water quality sampling will be conducted during either the last week in October or the first week in November by the Ecologist. Samples will be collected at the specified points identified in the City's Request for Proposal using standard EPA sampling protocols to avoid sample contamination and bias 2335 West Highway 36 is St. Paul, MN 55113. 651-636-4600■ Fax: 651-636-1311 Ms.Leslie Stowing June 11,2001 Eden Prairie,MN Page 2 of results.Readings for pH,specific conductance,and temperature will be taken in the field using calibrated meters.Thirty samples will be taken for lab analysis and will be delivered to a certified analytical lab within 18 hours of the time the samples are collected. Of the parameters for which analyses are to be conducted,nitrate-nitrogen and soluble reactive phosphorus have the shortest holding times (24 hours).Water surface elevation using existing staff gauges will be recorded at the time of the sampling visit.The sampling component is expected to include one project initiation meeting with City staff prior to sampling.As per the safety,precautions identified in the Request for Proposal,it is assumed that a City intern/staff person will provide assistance in the field during the sampling effort. • • Meander Vegetation Survey • The Ecologist will conduct a vegetation survey during the last two weeks of July as a follow-up to data collected in surveys during the•2000 growing season. It will include both the lagg and floating mat areas:All identified species will be recorded along with their overall frequency of occurrence: ` Particular attention will be given to documenting the frequency and distribution of nonnative species, and native species that are not characteristic of bog flora. In addition,observational notes will be made on such items as recent disturbances,wildlife activities,incompatible management.practices, and other relevant issues. • Vegetation field data is expected to be entered into databases provided by City staff to provide continuity and compatibility with previous studies. This activity is expected to include one project initiation meeting between the Ecologist and City staff for both Water Quality Monitoring and Meander Vegetation Survey. As per the safety precautions identified in the Request for Proposal,it is • assumed that a City intern/staff person will provide assistance in the field during the sampling effort. • Report Preparation • • The Ecologist will prepare a report summarizing and interpreting field data collected during 2001 • Annual Monitoring.,It is anticipated that the format will be similar to previous reports. Data collected in 2001 will be compared to previous results and interpretations made on the influences that contributed to any changes that may have occurred in the general condition of individual bogs or specific parameters within or between them. Based on the analysis of 2001 and prior data, recommendations will be made regarding potential management strategies for the bog and local watersheds. In addition,recommendations will be provided for potential adjustments in monitoring • strategies that balance the City's financial resources and the value of data derived from any . recommended adjustments. . Previous Annual Monitoring reports will be provided to the Ecologist by the'City.This will enable the most efficient entry of 2001 data into appropriate databases and spreadsheets,and minimize the potential for creating new graphics for the 2001 monitoring•report. One draft copy of a report will be submitted to the City for review on or before January 11, 2002, with a Final Report to be submitted within two months after City staff return edits to the Ecologist. Project Deliverables The Project Deliverables will include the following: • Five bound copies of the final report(please see Supplemental Services section for cost of additional copies) City of Eden Prairie—Bearpath Annual Monitoring 3 Ms.Leslie Stowing June 11,2001 - Eden Prairie,MN Page 3 • Electronic data versions of certain drawings or other written documents("Digital Data") provided in hard copy form: data provided in AutoCAD 14.0,ArcView 3.1,Microsoft Word, Access, and/or Excel. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. Any Digital Data submitted by the Ecologist to the City is submitted for an acceptance period of 60 days("Acceptance Period").Any defects that the City discovers during this period and reports to the Ecologist will be corrected by the Ecologist at no extra charge.For correction of defects reported to the Ecologist after the Acceptance Period,the City shall compensate Ecologist on an 'hourly basis at Ecologist's billing rates set forth in Appendix A.The City understands that the Digital Data is perishable and the City is responsible for maintaining it. Compensation . The proposed tasks and costs for the Basic Services described above include the following: - Not-to • - Tasks exceed Cost 1 Meander Vegetation Survey,(including Report Preparation) $3,430 2 Water Quality Sampling(including Report Preparation) $6,560 • Total $9,990 The City will pay the Ecologist on an hourly basis plus expenses,not-to-exceed the costs noted by task above. • "Supplemental Services"—examples of which are identified below,that are authorized in writing by the City and performed by the Ecologist which are not included in Basic Services—shall be paid for by the City on an hourly basis plus expenses in accordance with Appendix A. Supplemental Services • GPS Location of Key Locations:To facilitate accurate relocation of sampling points,transects, and buffer monuments/lines,the location of these key elements should be accomplished using GPS with sub-meter capability. • Photos from reference points: The City could consider taking photos in 2001 and future years from standard reference locations to begin to compile a long-term photographic record to help determine the presence or absence of visually apparent changes in bog condition at key points. • Bog watershed evaluation: Based on existing information,an assessment could be conducted to analyze the change in watershed runoff characteristics due to changes in pre- and post- development watershed area and land use composition. This information could be of great value in explaining in a quantitative way observed conditions in the bogs themselves. City of Eden.Prairie—Bearpath Annual Monitoring Ms.Leslie Stowing June 11,2001 Eden Prairie,MN Page 4 • Project Timeline All work on this Project will be completed within two months of return of a Draft Report to the Ecologist by the City(anticipated completion is no later than April,2002). City of Eden Prairie General Conditions The City of Eden Prairie General Conditions attached as Appendix B are incorporated in this Agreement to the extent that they do not contradict or conflict-with the body of this Agreement. It is assumed that Section 4.7 of these General Conditions applies only if the City terminates the Ecologist for cause. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Please have both copies signed by appropriate City representatives,keep one copy for your files and return one copy to Paul Bockenstedt at Bonestroo,Rosene,Anderlik&Associates as our notice to • proceed. We appreciate the opportunity to assist the City of Eden Prairie in managing this ecologically significant resource. Sincerely, BONESTROO,ROSENE,ANDERLIK& Accepted by: ASSOCIATES,INC.. CITY OF EDEN PRAIRIE By �Zl BY MarviWlyttIZ Sorvala,President • • Date b—7 I/ 6( (Printed name and Title) • • .. . Date • And by (Printed name and Title) Date • City of Eden Prairie—Bearpath Annual Monitoring • Appendix A 2001 Billing Rate Schedule • Labor Classification Range of Hourly Rates Senior Principal $100.00 - $110.00 Principal I Project.Manager I Senior Scientist I Planner 90.00 - 100.00 Registered Engineer/Architect/Landscape Architect 80.00 - 90.00 Natural Resource Specialist I Software Programmer I Sr. GIS Specialist - 80.00 - 90.00 Project Engineer/Architect/Landscape Architect/Scientist 70.00 - ' 80.00 GIS Specialist I Senior Designer 68.00 - 76.00 • Graduate Engineer/Architect/Landscape Architect/Scientist 65.00 - 74.00 Senior Draftsperson 56.00 - 70.00 Draftsperson 52.00 - 64.00 • Word Processor - • - • • •" 36.00 - 42.00 Senior Field Supervisor 70.00 - 80.00 Field Supervisor I Senior.Crew,Chief . . 62.00 - 74.00 Senior Inspector _ 56.00 • ' .70.00 • Inspector Crew Chief I Senior Technician .52.00. - 64.00 Technician • 36.00 - 50.00 GPS Survey Equipment 30.00 Total Station Equipment• • • 20.00 GIS Workstation Equipment • 20.00 GPS Submeter Unit(per half day) 50.00 These rates are adjusted annually in accordance with the normal review procedures of Bonestroo,Rosene,Anderlik and Associates, Inc. • • • City of Eden Prairie-Bearpath Annual Monitoring �j • CITY OF EDEN PRAIRIE - GENERAL CONDITIONS Consultant Agreement SECTION 1: : PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subcontractors or consultants. 3.1 Consultant may retain at its facility selected soil, water, or 1.3 City will provide an on-site representative to Consultant material samples for a maximum of 30 days after completion of within 24 hours upon request, to aid, define, supervise, or the work and submission of Consultant's report, which samples coordinate work or Project Information as requested by shall remain the property of City. Unless otherwise directed by Consultant. the City,Consultant may dispose of any samples after 30 days. 1.4 Consultant will not be liable for any decision,conclusion, 3.2 Disposal of contaminated or hazardous waste samples is the recommendations, judgement or advice based on any responsibility of City. After said 30 days,City will be responsible inaccurate information furnished by City, or other to select and arrange for lawful disposal procedures that include subcontractors or consultants engaged by City. removal of samples from Consultant's custody and transporting • them to a disposal site. City may request, or if City does not SECTION 2: SITE LOCATION,ACCESS,PERMITS, arrange for disposal, Consultant may deliver samples to City, APPROVALS AND UTILITIES freight collect,or arrange for lawful disposal and bill City at cost plus 15%. 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS 2.2 City will provide for right-of-way for Consultant personnel 4.1 Consultant will submit invoices to City monthly, and a final and equipment necessary to perform the work. invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents 2.3 City will be solely responsible for applying for and as attached. obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for 4.2 To receive any payment on this Contract, the invoice or bill and obtaining such permits and approvals as needed. It is must include the following signed and dated statement: "I declare understood that City authorizes Consultant to act as agent for under penalty of perjury that this account,claim,or demand is just City for City's responsibilities under this section including and correct and that no part of it has been paid." signing certain forms on City's behalf such as Right-of-Way forms. 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant,in writing., of the particular item 2.4 While Consultant will take reasonable precautions to that is alleged to be incorrect within ten(10)days from the invoice minimize any damage to property,it is understood by City that date. Consultant will review the alleged incorrect item within ten in the normal course of the work some damage may occur. The (10) days and either submits a corrected invoice or a statement correction of any damage is the responsibility of City or, at indicating the original amount is correct. City's direction,the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.4 Payment is due upon receipt of invoice(or corrected invoice) above,Consultant agrees to be responsible for damage caused and is past due sixty(60) days from invoice date. On past due by Consultant's negligence. accounts,City will pay a finance charge of 1.5%per month on the City of Eden Prairie General Conditions Consultant Agreement December 2000 Page I of 4 unpaid balance,or the maximum allowed by law,whichever is work, e:tcept as and to the extent Consultant may, in its sole less,until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City, the Consultant relieved of any:and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees dropped,or for which judgement is rendered for Consultant,City as to what fund reimbursement City may receive. Consultant will pay Consultant for all costs of defense, including attorney • shall not be liable for any reductions from reimbursement fees,expert witness fees and court costs. programs made for any reason by state or federal agencies, except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as • instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City, and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject made by others. to mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten(10) days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree • to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. If,at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%, for data and materials not being provided as part of the scope of work for.the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the• make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or asserting the same claims entitlement to damages or payment of to mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate may be decided by arbitration report. in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the 5.5 Consultant will consider Project Information as confidential parties mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or acquires,uncovers,or generates in the course of performing the relating to this Agreement or the breach thereof or the Project or City of Eden Prairie General Conditions • Consultant Agreement • • December 2000 Page 2 of 4 • construction thereof or any contract for such construction,the _ party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others. and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attomey's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.181,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERIVIINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and • software will perform as represented in proposal and other parts of this agreement. • 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant's control. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT 17.1 The Consultant shall at all times abide by Minn.Stat 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the performance of the work without obtaining the prior written possession of the Consultant. consent of the other party, which consent will not be unreasonably withheld. SECTION 18: DISCRIMINATION SECTION 12: DELAYS In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, 12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant, of a third party, or actions or inactions of City, the time for or any applicant for employment. The Consultant shall include a performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this reason of the delay. Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects its reasonable additional charges,if any,due to the delay. of the Minnesota Human Rights Act,Minn.Stat.363.01.,et seq., • . Title VI of the Civil Rights Act of 1964,and the Americans with SECTION 13: EXTRA WORK Disabilities Act of 1990. 13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any No salaried officer or employee of the City and no member of the extra work or related expenditures. Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the • SECTION 14: WITHHOLDING TAXES Contract void. Any federal regulations and applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence'to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to withholding bf 18.1 This Agreement contains the entire understanding between • income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. • SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent • (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE City of Eden Prairie General Conditions Consultant Agreement • December 2000 Page 4 of 4 ,O ifilBonestroo Memo wig v Anderlik Anderlik& VII Associates Engineers&Architects Project Name: Bearpath Annual monitoring Client: City of Eden Prairie To: Leslie Stovring, Environmental Coordinator File No: SP 999-99-260 From: Paul Bockenstedt Date: 06/12/01 Re: Additional Activities Remarks: Dear Leslie: Below are services for GPS and Photomonitoring activities that we spoke of on the phone. These services will be provided as part of the Ecologists Basic Services as outlined in the Letter Proposal sent to you earlier and subject to the same terms and conditions. The total project cost will remain $9,990. Task 3: GPS Up to 13 points will be GPS located by Ecologist on the three bogs identified for monitoring. GPS will be accomplished using a Trimble GPS unit with sub-meter accuracy. The data will be provided to the City in UTM coordinates on compact disc. Task 4: Photomonitoring Permanent point photomonitoring at up to 13 predetermined locations will be accomplished using either a digital camera, or 35mm camera,whichever the City chooses. Photos taken at these predetermined points will be consistent with past monitoring efforts in their direction and general field of view. Photos will be stored electronically and transferred to the City on compact disc. Should you have any questions regarding this information, please feel free to contact me at 651.604.4812. Once again, thank you for the opportunity.to propose on this project. I look forward to talking with you again soon. Sincerely, Paul J. Bockenstedt Plant/Restoration Ecologist Bonestroo,Rosene,Anderlik and Associates 11 2335 West Highway 36# St. Paul, MN 55113# Phone:651-636-4600# Fax: 651-636-1311 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Approve Hennepin County Right-of-Way User Alan D. Gray Registration Application Eugene A.Dietz Requested Action Move to: Approve Hennepin County Right-of-Way User Registration Application. • Synopsis Hennepin County now requires the City to annually register as a right-of-way user. Background Information The County has recently adopted an ordinance regulating the use of County right-of-way. The City constrricts and maintains public watermain, sanitary sewer and storm sewer within Hennepin County right-of-way. Registration is an ordinance requirement. Attachments Hennepin County Right-of-Way User Registration Application. HENNEPIN COUNTY Transportation Department Operations Division—Permits Office 1600 Prairie Drive Medina, Minnesota 55340-5421 Phone (763) 745-7600 Fax (763)478-4002 REGISTRATION APPLICATION FOR RIGHT-OF-WAY USERS Registration information shall be provided pursuant to Hennepin County Ordinance Number 22 — County Road Right-of-Way Use. Exceptions: The following situations do not require registration with the County: • • Persons planting or maintaining boulevard surface plantings or gardens • Residents or businesses owning sanitary sewer and water service lines to a city main or owning drain tile lines shall not be required to register unless requested by the County, but shall be required to obtain a right-of-way permit. when said lines are installed, repaired, removed, or relocated within the right-of-way. • Persons acting as agents, contractors, or subcontractors for a registrant who has properly registered with the County. Application is hereby made.for Registration with the Hennepin County Transportation Department, - Operations Division—Permit Office. • Please submit Certificate of Insurance as stated in Section 5.0 Registration (c.3) of Hennepin County Ordinance Number 22. • Fill in all blanks with the exception of the shaded area (please print) Applicant(Company Name) . Address City State • Zip Code Work Phone Fax Number Mobile Phone y. Emergency Phone By (Print Name) Date Signature APPLICATION WILL BE REJECTED IF NOT SIGNED BYA REPRESENTATIVE AUTHORIZED TO BIND APPLICANT TO ALL TERMS AND CONDITIONS. 1 �-_ �.r' �-' -�-=�.^'�'�. � r:sz:.a_,w-_." .os;,,-rkya.,v. w via �'_r-s,;�.,s5 r•.�..;rk,,,�..•'x Ya'.�. l eg�sfratlon' lurr�ber 0 Y V J '.. r a v-rii . ?I 'tr i .•..;wr�..�t4d,'.rxr,,,t.i'tf?-3. :;ay r' •z°+s'a.�"::''�w'r_i....'v .ti........-.c.` #±S�s,;F�i..a'c rrc:.Ct`�Fx..•.�'u.�r_z-A, Hennepin County—Transportation Department—Operations Division Permits Office—December 2000 '� CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Donald Uram Approve raising amount of dues paid to the Director of Community I-494 Corridor Commission each year from 10 Development&Financial cents per capita to twenty cents per capita. -L Services Requested Action Move to: Approve raising amount of dues paid to the I-494 Corridor Commission each year from 10 cents per capita to twenty cents per capita. Synopsis The I-494 Corridor Commission has hired Ross Thorfinnson, Jr., former Chair of the Commission,to work toward securing additional funding and accelerating the reconstruction of I-494. Eighty percent of the Commission's funds come from federal Congestion Mitigation Air Quality(CMAQ) dollars,which may not be used for lobbying purposes. Since Mr. Thorfinnson's activities are considered lobbying,the Commission is requesting that each of the seven member cities raise the amount of dues paid to the I-494 Corridor Commission each year from 10 cents per capita to 20 cents per capita. If approved, the 2002 dues would be $10,980 for the City of Eden Prairie (.20 x 54,901 residents, based on 2000 Census data). ' BLOOMINGTON • EDEN PRAIRIE • EDINA • MAPLE GROVE • MINNETONKA • PLYMOUTH • RICHFIELD Mir irit+qt 742204Ate - 1-494 CORRIDOR COMMISSION 8080 Mitchell Road • Eden Prairie MN 55344 • (612)699-4228 • FAX 690-4094 May 7,2001 • Chris Enger,City Manager • City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Chris: The I-494 Corridor Commission is in the process of completing its 2001-2002 work plan. The plan is expected to be finalized by the Commission at its May 16, 2001 meeting. The work plan focuses on the three areas of Commission activities in which our consultants have been spending their time this past year—the pursuit of funding to accelerate I- 494 reconstruction activities,projects designed to assist commuters and businesses along 494 during road construction phases and long-term traffic management activities to relieve growing congestion along 1-494 and its local arterials. In January 2001 the Commission hired Ross Thorfinnson, Jr., former Chair of the Commission, to carry forth its legislative and policy activities related to securing additional funding and accelerating the reconstruction of 1-494. The Commission's federal funding source,Congestion Mitigation Air Quality (CMAQ) dollars, are unable to be used for lobbying purposes and therefore any funds expended for lobbying by Ross on behalf of the seven corridor cities must'be paid out of our dues. Since 80% of our Commission's available funds each year come from CMAQ, we are requesting an increase in the current dues paid by each member city to the 1-494 Corridor Commission in order to pay for the increased level of I-494 Corridor Commission legislative and policy activities that began this year. Since being formed approximately 15 years ago as a Joint Powers Organization (PO), the dues have been set at ten cents per capita per year. Dues at this level would continue to sustain us if we hadn't determined it was in our best interests to adopt our policy and legislative initiatives in order to attempt to fully build out I-494 as quickly as possible and to increase the capacity of I-494 in the future. In order to help the Commission, as representative of the seven city members, accomplish its above-stated objectives, we are asking each of our member cities to agree to raise the amount of dues paid into the I-494 Corridor Commission each year from ten cents per capita to twenty cents per capita per year. We realize that this request will require action by your Council in order to be approved for the 2002 budget. Please feel free to call me at 612-874-8550 to discuss this issue in mare detail should you feel the need'to do so. For I-494 Corridor Commission planning purposes,we would appreciate a response on this issue in the near future. BLOOMINGTON • EDEN PRAIRIE • EDINA • MAPLE GROVE • MINNETONKA • PLYMOUTH • RICHFIELD V‘, - - - - - - - Or 1.14rriegilitbada. e AL 1-494 CORRIDOR COMMISSION 8080 Mitchell Road • Eden Prairie MN 55344 • (612)699-4228 • FAX 690-4094 Chris Enger, City Manager May 8, 2001 Page 2 Thank you for your consideration of this important request. Sincerely, • %. - ;. i'ovland Chair • I-494 Corridor Commission cc: Member cities of the I-494 Corridor Commission • r • BLOOMINGTON • EDEN PRAIRIE • EDINA • MAPLE GROVE • MINNETONXA • PLYMOUTH • RICHFIELD 1-494 CORRIDOR COMMISSION 8080 Mitchell Road • Eden Prairie MN 55344 • (612)699-4228 • FAX 690-4094 May 7, 2001 Senator Dave Johnson • Senate District 40 Room 124 Capitol Building St. Paul,Minnesota 55155 Dear Senator Johnson: On behalf of the 1-494 Corridor Commission and its member cities of Bloomington, Eden Prairie, Edina, Maple Grove, Minnetonka, Plymouth and Richfield, I would like to express the Commission's deep appreciation for your efforts during the 2001 session to improve I-494 and increase Minnesota transportation system funding. Although the 2001 session is not yet over, we believe that your leadership to accelerate I-494 reconstruction from the Minnesota River to Highway 394 has brought the need for critical increases in transportation funding to the attention of the general public and the media. This discussion has occurred in many different forms throughout the past several years, but your bipartisan efforts this year to improve I-494 while also accelerating other "megaprojects" in the metropolitan area is both good public policy and the beginning of a solution to our growing transportation funding crisis. Our cities applaud your efforts, and will continue to work with you and our other legislative leaders to pass legislation that will stop the decay of our highway infrastructure and keep transit buses running in our communities, Again, our sincere appreciation for the extraordinary amount of time and work you have committed to transportation needs.this session. Please let me know if there is anything the 1-494 Corridor Commission can do to assist your efforts as we forge ahead to keep Minnesota moving. • • Sincerely, • ames B. H land Chair I-494 Corridor Commission cc:. Member cities of the I-494 Corridor Commission - - r BLOOMINGTON • EDEN PRAIRIE • EDINA • MAPLE GROVE • MINNETONKA • PLYMOUTH • RICHFIELD 1. ta• � 1 -E a . r -- -r.?. .i-- �� r +_-.- -, 3 / hV`4 ��...ei ..- AIL `. 1-494 .CORRIDOR COMMISSION 8080 Mitchell Road • Eden Prairie MN 55344 • (612)699.4228 • FAX 690-4094 May 7, 2001 Senator Roy Terwilliger Senate District 42 115 State Office Building , St. Paul, Minnesota 55155 Dear Senator Terwilliger: On behalf of the I-494 Corridor Commission and its member cities of Bloomington, Eden Prairie, Edina, Maple Grove, Minnetonka, Plymouth and Richfield, I would like to express the Commission's deep appreciation for your efforts during the 2001 session to improve I-494 and increase Minnesota's transportation system funding. Although the 2001 session is not yet over, we believe that your leadership to accelerate I-494 reconstruction from the Minnesota River to.Highway 394 has brought the need for critical increases in transportation funding to the attention of the general public and the media. This discussion has occurred in many different forms throughout the past several years, but your bipartisan efforts this year to improve I-494 while also accelerating other "megaprojects" in the metropolitan area is both good public policy and the beginning of a solution to our growing transportation funding crisis. Our cities applaud your efforts, and will continue to work with you and our other legislative leaders to pass legislation that will stop the decay of our highway infrastructure and keep transit buses running in our communities. Again, our sincere appreciation for the extraordinary amount of time and work you have committed to transportation needs this session. Please let me know if there is anything the I-494 Corridor Commission can do to assist your efforts as we forge ahead to keep Minnesota moving. . , Sincerely, es . Ho and Chair I-494 Corridor Commission cc: Member cities of the I-494 Corridor Commission - - 3 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: City Manager Approve 2nd reading of an Ordinance Repealing Chris Enger City Code Section 2.27 and abolishing the Flying Cloud Airport Advisory Commission Requested Action Move to: ■ Approve the 2nd reading of an Ordinance repealing City Code Section 2.27 and abolishing the Flying Cloud Advisory Commission. Synopsis At the June 5, 2001, meeting the City Council approved the first reading of an Ordinance repealing City Code Section 2.27 and abolishing the Flying Cloud Advisory Commission, carried 3-0-1, with Mosman abstaining. Councilmember Case was unexpectedly called away from the meeting before vote was taken. Based upon the recommendation of special legal counsel, it is appropriate for the City Council to directly supervise and be involved with all matters pertaining to the expansion of the Flying Cloud Airport and the possible revision or repeal of Ordinance 51. The continued involvement of the Advisory Commission complicates and gives rise to potential confusion with respect to the City's goals and objectives regarding these matters. Background Peter Kirsch has presented to the City Council his initial assessment of a Comprehensive Strategy for Flying Cloud Airport. Special Legal Counsel believes it is in the City's best interest at this time that the City Council and its legal counsel be directly involved in all communications and discussions regarding the proposal to expand the Flying Cloud Airport and to revise or repeal Ordinance 51. The Flying Cloud Airport Advisory Commission has provided invaluable assistance to the City Council thus far. However in order to insure that all future communications are consistent with the City Council's goals and objectives, it is necessary that the City Council be directly involved in communicating its positions and that there only be one voice speaking for the City Council with respect to the proposal to expand the airport. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 20-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY REPEALING SECTION 2.27 WHICH ESTABLISHED THE FLYING CLOUD AIRPORT ADVISORY COMMISSION, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended deleting in its entirety Section 2.27. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. • Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of June, 2001, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on thel9th day of June,2001. ATTEST: Kathleen Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on the day of ,2001. a CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 19,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Proposed Refunding of Park at City West n Donald R.Uram Apartments Housing Revenue Bonds 1 \ A t Requested Action Move to: • Close the public hearing; and • Adopt Resolution under Minnesota Statutes, Chapter 462C, authorizing the issuance of up to $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project), Series 2001, approving the forms thereof, and authorizing the execution of various documents relating thereto. Background Information: Section 147(f) of the Internal Revenue Code of 1986, requires that the Council hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $14,905,000 principal amount of the housing revenue bonds to refund the housing revenue bonds issued by the City in 1990 on behalf of Park at City West Limited Partnership for the development known as Park at City West Apartments. The proposed refunding would reduce debt service costs for the development. Representatives of the developer will be available at the Council meeting to answer questions about the development and the refunding. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2001- RESOLUTION APPROVING REFINANCING OF PARK AT CITY WEST APARTMENTS PROJECT AND AUTHORIZING AND APPROVING ALL DOCUMENTS, INSTRUMENTS, ACTIONS AND MATTERS NECESSARY OR APPROPRIATE FOR OR PERTAINING TO THE ISSUANCE, SALE AND DELIVERY BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PARK AT CITY WEST APARTMENTS PROJECT) SERIES 2001 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,905,000 AND THE CURRENT REFUNDING AND REDEMPTION OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PARK AT CITY WEST APARTMENTS PROJECT) SERIES 1990 ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF$14,905,000. WHEREAS, The City of Eden Prairie, Minnesota (the "Issuer") is a municipal corporation and a political subdivision of the State of Minnesota, authorized by the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act") to, among other things, issue its revenue bonds pursuant to the provisions of the Act for the purpose of carrying out any of its powers, and, as security for the payment of the principal of, and interest on, any such bonds so issued,to pledge the revenues and receipts therefrom; WHEREAS, at the request of Park at City West Limited Partnership (the"Borrower"), a Minnesota limited partnership, the Issuer has heretofore issued $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 1990 (the "1990 Bonds"), the proceeds of which were applied to refinance certain prior bonds which were issued to finance the costs of acquiring, constructing and equipping a 288-unit multifamily housing facility(the "Project"), a portion of such facilities to be used by persons of low and/or moderate income and to be located in the City of Eden Prairie,Minnesota; WHEREAS, the Borrower has requested and the Issuer desires now to authorize and approve (i)the issuance, execution, sale and delivery of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the `Bonds") in the aggregate principal amount not to exceed $14,905,000 for the purpose of refunding the 1990 Bonds and(ii)the redemption of the 1990 Bonds; WHEREAS,the Issuer has held a public hearing with respect to the Project more than 14 days after published notice thereof; WHEREAS, the Bonds are to be issued under and secured by a Trust Indenture (the "Indenture"), to be dated as of June 1, 2001 from the Issuer to a trustee named therein, as such trustee shall be approved by the officers of the Issuer executing the Indenture(the"Trustee"); WHEREAS, the proceeds of the Bonds are to be loaned to the Borrower pursuant to a Financing Agreement (the "Financing Agreement"), to be dated of even date with the Indenture, between the Issuer and the Borrower, for the purpose of and in order to assist the Borrower in paying the costs of the redemption of the 1990 Bonds; WHEREAS, contemporaneously with the execution of the Indenture, the Issuer, the Trustee and the Borrower will enter into a Second Amended and Restated Land Use Restriction Agreement (the "Land Use Restriction Agreement"), dated as of the date of the Indenture, in which the Borrower will covenant to comply with the provisions of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended; WHEREAS, the principal, redemption price and purchase price of and interest on the Bonds will be payable solely and exclusively from(i)loan payments to be made by the Borrower under the provisions of the Financing Agreement and Note with respect thereto and (ii) funds held by the Trustee pursuant to the Indenture and available for such purpose, including funds drawn under credit enhancement to be issued by Fannie Mae, in respect of the Bonds; WHEREAS,Dougherty& Company LLC (the "Underwriter")has agreed to purchase the Bonds in accordance with the provisions of a bond purchase agreement (the "Bond Purchase Agreement") among the Issuer,the Borrower and the Underwriter; WHEREAS, the following documents have been presented to the Issuer for approval in connection with the issuance, sale and delivery of the Bonds; (1) The proposed form of the Indenture,including the proposed form of the Bonds; (2) The proposed form of Financing Agreement (3) The proposed form of the Land Use Restriction Agreement; (4) The proposed form of the Bond Purchase Agreement; and (5) The proposed form of the preliminary official statement (the"Preliminary Official Statement")relating to the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AS FOLLOWS: Section 1. Findings of the Issuer. (a) The Issuer hereby finds with respect to the Project that the refinancing thereof by means of the issuance of the Bonds would be in the best interests of the Issuer and its inhabitants, and would further the housing policies and goals set forth in the Housing Plan of the Issuer and the Multifamily Housing Program of the Issuer adopted thereunder. (b) The execution and delivery of the Bonds and the Indenture, the Financing Agreement, and the Land Use Restriction Agreement, the consummation of the transactions contemplated hereby and thereby and the fulfillment of or compliance with the terms and conditions or provisions of the Bonds and the Indenture, the Financing Agreement and the Land Use Restriction Agreement do not conflict with or result in the breach of any of the terms, conditions or provisions of any agreement or instrument or judgment, order or decree to which the Issuer is now a party or by which it is bound,nor do they constitute a default under any of the foregoing or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature upon any property or assets or the Issuer under the terms of any instrument or agreement. (c) No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution and delivery by the Issuer of, and performance by the Issuer of its obligations under, any of the Indenture, the Financing Agreement and the Land Use Restriction Agreement. (d) The Issuer hereby finds that it is required to comply with Section 148 of the Internal Revenue Code of 1986, as amended (the "Code") and as such that: (i) it shall neither make nor direct the Trustee to make any investment or other use of the proceeds of the Bonds that would cause the Bonds to be "arbitrage bonds" as that term is defined in Section 148(a) of the Code and that it shall comply with the requirements of the Code throughout the term of the Bonds; (ii) it (a) shall take, or use its best efforts to require to be taken, all actions that may be required of the Issuer for the interest on the Bonds to be and remain not included in gross income for federal income tax purposes and(b) shall not take or authorize to be taken any actions within its control that would adversely affect that status under the provisions of the Code; (iii) it shall enforce or cause to be enforced all obligations of the Borrower under the Land Use Restriction . Agreement in accordance with its terms and seek to cause the Borrower to correct any violation of the Land Use Restriction Agreement within a reasonable period after any such violation is first discovered; and (iv) in furtherance of these findings, the Issuer shall execute, deliver and comply with the provisions of the Tax Certificate(as defined in the Indenture). Section 2. Authorization of the Project and Issuance of the Bonds. The undersigned, as the applicable elected representative of the Issuer,hereby approves of the Project for purposes of Section 147(f) of the Code. Under and pursuant to the provisions of the Act, the Issuer hereby authorizes the execution, issuance, sale and delivery to the Underwriter in consideration of payment therefor, of the Bonds, the proceeds of the sale thereof to be used for the purpose of refunding the 1990 Bonds. Section 3. Approval of the Forms of Documents. The form, content and provisions of the Indenture, the Financing Agreement, the Land Use Restriction Agreement and the Bond Purchase Agreement presented to this meeting of the City Council of the Issuer, are approved; and the Mayor and the City Manager of the Issuer are hereby authorized, empowered and directed to execute, acknowledge and deliver said documents in the name, and on behalf, of the Issuer. Said documents are to be in substantially the form now before this meeting of the City Council of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all such changes or revisions. The officers of the Issuer are hereby authorized, empowered and directed, from and after the execution and delivery of said documents, to do all acts and things, and execute all documents, as may be necessary or convenient to carry out, and comply with, the provision of said documents, as executed and delivered. Section 4. Approval of the Bonds. The form, content and provisions of the Bonds, as set forth in the Indenture and as presented to this meeting of the City Council of the Issuer, subject to appropriate insertions and revisions, are hereby approved, and the appropriate officers of the Issuer are hereby authorized, empowered and directed to execute, by manual or facsimile signature, attest and deliver to the Trustee for authentication, and thereafter,to deliver or cause to be delivered to the Underwriter, the Bonds in consideration of payment therefor in the name and on behalf of the Issuer. The Bonds are to be substantially the form now before this meeting of the City Council of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer executing the same (provided that the final maturity of the Bonds shall not be later than August 31, 2031 and the initial interest rate on the Bonds shall be the rate determined as set forth in the form of the Indenture and approved by the officers of the Issuer executing the Bond Purchase Agreement), their execution thereof to constitute conclusive evidence of their approval of any and all such changes or revisions. When the Bonds shall be executed, attested, authenticated and delivered in the manner contemplated herein, in the aggregate principal amount not to exceed Fourteen Million Nine Hundred Five Thousand ($14,905,000), they shall conclusively be the approved form of the Bonds. Section 5. Approval of Underwriting and the Preliminary Official Statement and the Official Statement. The selection of Dougherty & Company LLC as Underwriter by the Borrower is acknowledged, approved and accepted and the form, content and provisions of the proposed form of Preliminary Official Statement, as presented to this meeting of the Issuer, relating the Bonds and the distribution of the Preliminary Official Statement and a final Official Statement in substantially the form of the Preliminary Official Statement (the "Official Statement") by the Underwriter are hereby approved, provided, however, that the Issuer makes no representations as to statements and information contained therein not furnished by the Issuer. The Mayor and the City Manager of the Issuer is hereby authorized, empowered, and directed to execute the Official Statement in the name, and on behalf, of the Issuer, and the Issuer hereby consent to the lawful use of the Official Statement by the Underwriter. Said Preliminary Official Statement and said Official Statement are to be in substantially the form now before this meeting of the Issuer, or with such changes therein as shall be approved by the officers of the Issuer, their execution of the Official Statement and the Bond Purchase Agreement to constitute conclusive evidence of their approval of any and all such changes or revisions. Section 6. Redemption of 1990 Bonds. The redemption of the 1990 Bonds is hereby approved and the delivery by the trustee for the holders of the 1990 Bonds of a conditional notice of redemption in accordance with the terms of the indenture under which the 1990 Bonds were issued is hereby ratified. Upon payment or provision for payment of the 1990 Bonds with the proceeds of the Bonds, the officers of the Issuer are hereby authorized and directed to request and direct the trustee for the holders of the 1990 Bonds to release, cancel and discharge the lien of the indenture under which the 1990 Bonds were issued and to do and cause to be done on behalf of and in the name of the Issuer all things requisite and necessary under such indenture to effect such release, cancellation and discharge of the lien of such indenture. The officers of the Issuer are authorized and directed to execute and deliver such other documents and to take such other action as may be necessary or proper to effect the refunding of the 1990 Bonds and the refinancing of the Project. Section 7. Incidental Action. The officers of the Issuer are hereby authorized and directed to execute in the name and behalf of the Issuer any other documents and certificates necessary to the transaction described above and copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided in the Financing Agreement, the Land Use Restriction Agreement and the Indenture. The Mayor, City Manager, City Clerk and other officers of the Issuer are further authorized and directed to prepare and furnish to the Underwriter and Bond Counsel certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them. Section 8. Limitation of the Issuer's Obligation. Notwithstanding anything contained in the Bonds or the documents referred to herein, the Bonds, interest thereon, and any penalty, charge, or premium or any amounts payable thereunder, or however designated are special limited obligations of the Issuer payable solely from the revenues and proceeds pledged thereto. The Bonds and the interest thereon do not constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith and credit or taxing power of the Issuer, the State of Minnesota, or any political subdivision of the State of Minnesota within the meaning of any constitutional or statutory limitations and are not payable from or a charge upon any funds of the Issuer other than the revenues and proceeds pledged by the Issuer to the payment thereof and do not give rise to a pecuniary liability of the Issuer nor of any of its officers, agents or employees and no holder of a Bond shall ever have the right to compel any exercise of the taxing power of the Issuer or the State or any of its political subdivisions to pay the Bonds or to enforce payment thereof against any property of the Issuer. The Bonds do not constitute a charge, lien or encumbrance, legal or equitable upon any property of the Issuer and the agreement of the Issuer to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Financing Agreement, sufficient to pay all costs of such performance or the enforcement thereof. Neither the State of Minnesota nor any political subdivision of the State of Minnesota nor the Issuer shall be obligated to pay the principal of the Bonds, the interest thereon or other costs incident thereto except from revenues pledged therefor under the Indenture, as more fully set forth in the Indenture. Neither the full faith and credit nor the taxing power, if any, of the Issuer, the State of Minnesota, nor any political subdivision thereof is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. The Bonds are not a debt of the United States of America, HUD, FHA, GNMA or any other agency thereof and are not guaranteed by the full faith and credit of the United States of America. The Bonds are neither a moral nor an annual appropriation obligation of the Issuer, the State or any political subdivision thereof. The agreement of the Issuer to perform the covenants and other provisions contained in this resolution or the Bonds or the documents shall be subject at all times to the availability of the revenues furnished by the Developer sufficient to pay all costs of such performance or the enforcement thereof, and the Issuer shall not be subject to any personal or pecuniary liability thereon. Section 9. Captions. The captions or headings in this Resolution are for convenience only and shall in no way define, limit, or describe the scope or intent of any provision hereof. Approved and adopted this 19th day of June, 2001. Jean L.Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 19,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Hearing on ITEM NO.: Public Safety Federal Local Law Enforcement Block Grant '� 1 James G. Clark,Director Requested Action: Move to: • Close public hearing; and • Direct staff to complete the Federal requirements as outlined in the Fiscal Year 2000 Local Law Enforcement Block Grant award. Synopsis: The Eden Prairie Police Department applied for and was awarded a Federal Local Law Enforcement Block Grant. Prior to receiving the grant,the City is required to conduct a Public Hearing to allow for public comment on the use of the grant. Background Information: The Local Law Enforcement Grant is in the amount of$10,327 with a matching amount of $1,147. The Department of Justice"COPS"Program awards the grant. The City received a similar grant in 1997. The Police Department intends to use the money to replace the outdated • "digital imaging booking system"which will no longer be supported by the County and State. The total cost of the equipment will be less than$18,000; general operating budget funds will make up the difference,if necessary. Attachments Local Law Enforcement Grant Award Local Law Enforcement Block Grant-LLEBG Introduction Page 1 of 1 FY 2000 Local Law Enforcement Block Grants Program 1l Eden Prairie City,MN Application Award RFD Grant Changes Reports Correspondence Grant Handbook Application was submitted on 25-SEP-00. Click here to print a copy. View Only LLEBG FY 2000 Application Date Certified: 25-SEP-00 I Date Submitted: 25-SEP-00 View Application Jurisdiction Information (Disparate) Jurisdisction: County: State: CDFA Number: Help/Frequently Asked Eden Prairie City 16.592 HENNEPIN MINNESOTA Questions LLEBG Home Budget Information Eligible Award Amount: Final Match Matching Funds Log-Off Award Amount: Description: $10,327 Amount: State and Local Government $1,147 Units I$10,327 CEO Information Title: Name Last Name: First Name: City Manager Prefix: Chris Mr. Enger Address: Telephone: Fax: Email: 8080 Mitchell Road 952- Eden Prairie,MN 55344-2299 952-949- 949-8390 cenger@ci.edenprairie.mn.us 8300 Program Contact Information Title: Name Last Name: First Name: Director of Public Safety Prefix: James Mr. Clark Address: Telephone: Fax: Email: 8080 Mitchell Road 952- Eden Prairie,MN 55344-2299 952-949- 949-6203 jclark@ci.edenprairie.mn.us 6200 Application Details Date Agreed to Trust Fund Requirement: Applicant is PSOHB Compliant: 18-SEP-00 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review Requirement: 18-SEP-00 18-SEP-00 Date Agreed to Certifications: Date Agreed to Assurances: 25-SEP-00 25-SEP-00 https://grants.ojp.usdoj.gov:8004/gms user/plsgl/llebg main.app read only?p bgid=2 9/25/00 �. a � U.S.Department of Justice fOffice of Justice Programs -""m''cs'• Bureau of Justice Assistance Office of the Director Washington,D.C. 20531 September 30,2000 Mr.Enger • City Manager,Eden Prairie City 8080 Mitchell Road Eden Prairie,MN 55344-2299 RE: Fiscal Year 2000 Local Law Enforcement Block Grants Program Dear Mr.Enger: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's(BJA)Fiscal Year 2000 Local Law Enforcement Block Grants(LLEBG) Program in the amount of$10,327 for Eden Prairie City.The purpose of the LLEBG Program is to reduce crime and improve public safety.This Block Grant Award maybe used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents.If you have any programmatic questions regarding this award,please contact BJA's State and Local Assistance Division at(202)514-6638. In addition,all financial questions regarding this award should be directed to the Office of the Comptroller,Customer Service Division at(800)458-0786. I look forward to a continuing partnership with Eden Prairie City in furtherance of this important criminal justice program. Sincerely yours, L) 7 - Nancy E.Gist Director Attachments 3 U.S.Department of Justice 6 p * f:1 Office of Justice Programs Office for Civil Rights Washington,D.C. 20531 September 30,2000 Mr.Enger City Manager,Eden Prairie City 8080 Mitchell Road Eden Prairie,MN 55344-2299 Dear Grant Recipient Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws,this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance(see 28 C.F.R.sec. 42.204,Applicants'Obligations). As Director of the Office for Civil Rights(OCR), Office of Justice Programs,I would like to offer you my assistance in completing the conditions of these Assurances,specifically Nos. 13, 14,and 15,as the grant goes forward. As you know,equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore,if there has been a federal or state court or administrative agency finding of discrimination against your agency,please forward a copy of such order or consent decree,as required by Assurance No. 14,to OCR at the U.S.Department of Justice,Office of Justice Programs,Office for Civil Rights,810 Seventh Street,N.W.,Room 5107,Washington, D.C.20531. Additional Instructions For Grantees Receiving$500,000 Or More: 1. In accordance with Assurance No. 15,each grantee that receives$500,000 or more(or $1,000,000 in an 18-month period),and has 50 or more employees,must submit an Equal Employment Opportunity Plan(EEOP)within 60 days from the date of this letter to OCR at the above address.i 2 Alternatively,the grantee may choose to complete an EEOP Short Fonn,in lieu of sending its own comprehensive EEOP,and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP(which includes an EEOP Short Form)will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each 3. of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore,all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. NOTE:If agency has under 50 employees,regardless of amount of award,no EEOP is required;however,grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD,RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving$25,000 Or More,But Under$500,000: 4. Pursuant to Department of Justice regulations,each grantee that receives$25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan(EEOP)on file for review by OCR upon request. (However,if the grantee is awarded$1,000,000 in an eighteen(18)month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE:If agency has under 50 employees,regardless of amount of award,no EEOP is required;however,grantee must return applicable portion of Certification Form to OCR within 60 days. 1 If you have already submitted an EEOP as part of another award from the Office of Justice Programs(OW)or the Office of Community Oriented Policing Services(COPS)within this grant period,or if you have certified that no EEOP is required,it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving Under$25,000: % 5. A recipient of under$25,000 is not requiredto maintain or submit anEqual Employment Opportunity Plan(EEOP),in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition,all recipients,regardless of their type,the monetary amount awarded, or the number of employees in their workforce,are subject to the prohibitions against discrimination in any funded program or activity. Therefore,OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OW funding;and may require all recipients,through selected compliance reviews,to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices 2 are in compliance with equal employment opportunity requirements. If you have any questions,please call OCR at(202)307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, Inez Alfonzo Haller Director,Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964,42 U.S.C.sec.2000e. ,LJ U.S.DEPARTMENT OF JUSTICE AWARD 41 : OFFICE OF JUSTICE PROGRAMS * * OJP n BJA n OJJDP n GRANT PAGE 1 OF 5 of**‘" BJS NH n OVC COOPERATIVE AGREEMENT fts•ricCHECK APPROPRIATE BOX 1.GRANTEE NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2000-LB-BX-3184 Eden Prairie City 8080 Mitchell Road Eden Prairie,MN 55344-2299 5.PROJECT PERIOD:FROM 10/01/1999 TO 09/30/2001 BUDGET PERIOD:FROM 10/01/1999 TO 09/30/2001 1A.GRANTEE IRS/VENDOR NO. 000000141 6.AWARD DATE 09/30/2000 7.ACTION 2.SUBGRANTEE NAME AND ADDRESS(Including Zip Code) 8.SUPPLEMENT NUMBER Initial nSupplemental 2A.SUBGRANTEE IRS/VENDOR NO. 9.PREVIOUS AWARD AMOUNT $0.00 • 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $10,327 Local Law Enforcement Block Grants 11.TOTAL AWARD $10,327 12.SPECIAL CONDITIONS(Check,if applicable) n THE ON ABOVETHEATT GRANTACHED 4 PROJECTPAGES IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH 13.STATUTORY AUTHORITY FOR GRANT I n TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. I 42 U.S.C.3701,ET.SEQ.,AS AMENDED nTITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 I I 42 U.S.C.5601,ET.SEQ.,AS AMENDED n VICTIMS OF CRIME ACT OF 1984,42 U.S.C.10601,ET.SEQ.,PUBLIC LAW 98-473,AS AMENDED OTHER(Specify): Departments of Commerce,Justice,and State,the Judiciary,and Related Agencies Appropriations Act, 2000(pub.L.No.106-113) 14.FUTURE FISCAL YEAR(S)SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15.METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT n YES I R l NO AGENCY APPROVAL —, GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING Ow OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Nancy E.Gist,Director Chris Enger Bureau of Justice Assistance City Manager 17.SIGNATURE OF APPROVING OJP OFFICIAL 19.SIGNATURE OF AUTHORIZED GRANTEE 19A.DATE — AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21.L18M14 FISCAL FUND BUD. DIV. L100U04684 YEAR CODE ACT. OFC. REG. SUB. POMS X B LI 80 00 00 Ow FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION ;¢>* * OFFICE OF JUSTICE PROGRAMS SHEET * * OW El WAn OJJDP GRANT PAGE 2 OF 5 c4i J `cs•d Li BJS n NuOVC El COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER: 2000-LB-BX-3184 AWARD DATE 09/30/2000 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OW)Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular,A-133,Audits of States,Local Governments and Non-Profit Organizations,as further described in OJP's Financial Guide,Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 CFR 42.302),that is approved by the Office of Civil Rights,is a violation of its Certified Assurances and may result in funds from the award being frozen,until such time as the recipient is in compliance. 4, The recipient agrees that federal funds under this award will bused to supplement but not supplant state or r local funds, pursuant to section 101(g)of H.R.728,104th Cong.(1995). 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty(20)days prior to public release. Any publications(written,visual,or sound),whether published at the recipient's or government's expense,shall contain the following statement:(NOTE:This excludes press releases,newsletters,and issue analysis.) "This project was supported by Grant No.2000-LB-BX-3184 awarded by the Bureau of Justice Assistance,Office of Justice Programs,U.S.Department of Justice.Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S.Department of Justice. 7. The recipient agrees,if the funds are used for the hiring and employing of new,additional law enforcement officers and/or support personnel,as described in the applicable purpose area of Subpart A section 101(a)(2)of H.R.728,104th Cong. (1995),that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new,additional law enforcement officers and/or support personnel,the unit of local government will establish procedures to give members of the Armed Forces who,on or after October 1,1990,were or are selected for involuntary separation(as described in section 1141 of Title 10,United States Code),approved for separation under section 1174a or 1175 of such title,or retired pursuant to the authority provided under section 4403 of the Defense Conversion,Reinvestment,and Transition Assistance Act of 1992 (division D of Public Law 102-484;10 U.S.C.1923 note),a suitable preference in the employment of persons as additional • law enforcement officers or support personnel. OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION ,� Op, 4e,** OFFICE OF JUSTICE PROGRAMS ��,�� SHEET *\ -If,, I n OJP BJA n OJJDP n GRANT PAGE 3 OF 5 `�op��j�j��77� cY �I BJS n NI) n OVC 7 COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER: 2000-LB-BX-3184 AWARD DATE 09/30/2000 SPECIAL CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award,or to have all funds deobligated for redistribution during the next funding cycle. 10. The recipient agrees to bne 24 month obligation and expenditure period,as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. The recipient is required to'establish a trust fund account.;This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the 24 month period. Grant funds(including any interest earned)not expended by the end of the 24 month period must be returned to the Office of the Comptroller(OC)by the end of the 27th month,along with the final submission of the Financial Status Report(SF-269A). 12. The recipient agrees toi submit semiannual progress reports2via the Internet system for the life of the grant. Reports are due within 45 calendar days after the end of the reporting periods,which are June 30 and December 31. 13. The recipient agrees,if funds are used for enhancing security,that the unit of local government-- (a)has an adequate process to assess the impact of any enhancement of a school security measure,that is undertaken under subparagraph(B)of section 101(a)(2),on the incidence of crime in the geographic area where the enhancement is undertaken; (b)will conduct such an assessment with respect to each such enhancement;and, (c)will submit to the Bureau of Justice Assistance(BJA)an annual assessment report via the Internet system. OW FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION �,t�(,F.NT ppy 4, q.K7,1,P�j� OFFICE OF JUSTICE PROGRAMS SHEET +` �* Ow x I BJA n OJJDP 2 GRANT PAGE 4 OF 5 o j ` o° IDBJS n Nu ❑ OVC ❑ COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 2000-LB-BX-3184 AWARD DATE 09/30/2000 SPECIAL CONDITIONS CONTINUED 14. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. iS. The recipient agrees to assist BJA in complying with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the recipient or by a subrecipient. Accordingly,prior to obligating grant funds,the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities,whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: 1. New construction;2. Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain;3. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and,4. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds,the recipient,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact,go to http://www.ojp.usdoj.gov/ec/states.htm 17. The recipient agrees to provide and expenda 10 percent cash match(calculated as 1/9 of the federal award amount)before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition#2 and will be binding to the recipient. OW FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE �1pA U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET 1111 C *� n OJP x BJA n OJJDP GRANT PAGE 5 OF 5 oP *�*',*c' n BJS n NU n OVC COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER: 2000-LB-BX-3184 AWARD DATE 09/30/2000 SPECIAL CONDITIONS CONTINUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,at least one(1)public hearing will be held regarding the proposed use(s)of the grant furids:iThe recipient must also provide verification to BJA,via the Internet system,of the public hearing. At the hearing,persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s)of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,a previously designated or newly established advisory board will meet to discuss the proposed use(s)of the grant-funds.The recipient will designate the advisory board to make nonbinding recommendations on the use(s)of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following,though it may be broader: a)the local police department or sheriffs department; b)the local prosecutor's office; c)the local court system; d)the local school system;and, s` e)a local nonprofit,educational,religious,or community group active in crime prevention or drug use prevention or r treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has certified it is in compliance with the Public Safety Officers'Health Benefits Provision of the Departments of Commerce,Justice,and State,the Judiciary,and Related Agencies Appropriations Act,2000(Pub.L.No.106-113)and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer(as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended)to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit(as such terms are defined by State law)with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while on duty. If the recipient demonstrates noncompliance during the life of the grant,10 percent of the award amount must be returned to BJA. OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 19,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims -�- Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 100546-100997 Wire Transfers 1072-1080 and 1082 & 1084 Background Information Attachments l City of Eden Prairie Council Check Summary 6/19/2001 Division Amount General 401,595 101 Legislative 619 102 Legal Counsel 27,943 110 City Clerk 1,208 111 General 13,874 112 Human Resources 4,046 113 Communication Services 217 114 Benefits&Training 7,993 115 Risk Management 1,797 116 Facilities 15,313 130 Assessing 665 131 Finance 4,450 133 Community Development 2,164 135 Information Technology 19,512 136 Wireless Communication 1,191 150 Park Administration 33 151 Park Maintenance 7,646 153 Athletic Programs 6,829 154 Community Center 8,211 155 Beaches 5 156 Youth Programs • 3,636 157 Special Events 331 158 Senior Center 3,176 160 Adaptive Recreation 245 161 Oak Point Pool 547 162 Arts 3,880 163 Park Facilities 1,092 180 Police 12,017 183 Civil Defense 730 184 Fire 7,398 185 Animal Control 418 186 Inspections 96 200 Engineering 1,029 201 Street Maintenance 31,727 203 Fleet Services 22,570 117 City Center 3,700 302 HRA Fund 700 304 Senior Awareness Fund 103 314 Liquor Compliance 278 401 Equipment Cert.1999A 157,875 410 Improvement Bonds Pre 1990 46,328 413 State Aid Road Bonds 1992B 51,375 417 $3390000 Facility Bond 2000 98,875 502 Park Development 54,894 503 Utility Improvement 1,184 505 Utility Reserve 400 506 Improvment Bonds 1996 413,613 507 TIF Improvement Fund 6,646 509 CIP Fund 46,929 511 Construction Fund 4,994 601 Prairie Village Liquor 79,423 602 Den Road Liquor 138,716 603 Prairie View Liquor 66,425 701 Water Fund 168,000 702 Sewer Fund 1,811 703 Storm Drainage Fund 11,556 806 SAC Agency Fund 32,200 803 Escrow Fund 4,520 Grand Total 2,004,745 City of Eden Prairie Council Check Register , 6/19/2001 Check# Amount Vendor Account Description Business Unit 1072 60,376 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1073 51,375 WELLS FARGO BANK MINNESOTA NA Principal State Aid Road Bonds 1992E 1074 46,328 US BANK Principal Consolidated Public Impr.Debt 1075 157,875 ANCHOR BANK Principal Equipment Certificates 1999A 1076 98,875 NATIONAL CITY BANK Interest $3390000 Facility Bond 2000 1077 142,418 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1078 25,482 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1079 13,591 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1080 7,409 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1082 298 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1084 61,446 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 100546 400 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 100547 83 BERNHJELM BETH Other Contracted Services Liquor Compliance 100548 111 CAMPOS LORI Operating Supplies After School Programs 100549 288 CONSTRUCTION 70 INC Deposits Escrow 100550 180 DHS-VA INVESTIGATION CONF#193 Tuition Reimbursement/School Police 100551 620 ELAN FINANCIAL SERVICES Travel Expense City Council 100552 193 GE CAPITAL Other Rentals General 100553 371 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance 100554 98 HANDEGARD KATIE MICHELLE Other Contracted Services Liquor Compliance 100555 205 HOAG JODI Video&Photo Supplies Communication Services 100556 98 HOLTE JESSICA Other Contracted Services Liquor Compliance 100558 560 KNUTSON BETTY Insurance Risk Management 100559 573 KRAUSE ANDERSON Deposits Escrow 100560 226 LAN-DE-CON Deposits Escrow 100561 144 LANZI BOB Recreation Supplies Spring Skill Development 100563 1,500 MCGINTY-VANSICKLE PATTI Tuition Reimbursement/School In Service Training 100564 141,627 MEDICA CHOICE Medical Bills Prepaid General Fund 100565 31,878 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 100566 50 MINNESOTA BOARD OF ELECTRICITY Operating Supplies Inspections-Administration 100567 19,537 MINNESOTA DEPARTMENT OF HEALTH Miscellaneous Water System Sample 100568 23 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Utility-General 100569 285 MN BOARD OF ASSESSORS Licenses&Taxes Assessing 100570 230 NATIONAL RECREATION AND PARKA Dues&Subscriptions Human Resources 100571 687 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 100572 1,042 PARK NICOLLET CLINIC Other Contracted Services Risk Management 100573 98 PETTY CASH-POLICE DEPT Miscellaneous Police 100574 125 ROSEAU COUNTY SHERIFFS DEPT Deposits Escrow 100575 269 SKARPHOL CONSTRUCTION Deposits Escrow 100576 880 STAHL CONSTRUCTION Deposits Escrow 100577 500 STATE OF MINNESOTA CPV PROGRAM Dues&Subscriptions Fleet Services 100578 59 THIELMAN MARC Capital Under$2000 Furniture 100579 47,836 VALLEY PAVING INC Land Park Acquisition&Development 100580 181 WELTERS BROOKHAVEN FARM Deposits Escrow 100581 895 ANCHOR PAPER COMPANY Office Supplies General 100582 936 ASPEN CARPET CLEANING Other Contracted Services Prairie Village Liquor Store 100583 400 BLOOMINGTON CITY OF Kennel Services Animal Control 100584 1,223 CEMSTONE Asphalt Overlay Street Maintenance 100585 352 CORDES JEFFREY Mileage&Parking Tree Disease 100586 74 CUMMINGS KIM Office Supplies Fire 100587 520 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 100588 40 FIRE FINDINGS Operating Supplies Inspections-Administration 100589 400 GGP LTD PRTN WAC-Water Utility Reserve Fund 100590 500 GIROUX CLAUDE Other Contracted Services Summer Theatre 100591 140 HANLON STEVE Operating Supplies Fire 100592 20 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 100593 744 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 100594 1,955 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 100595 156 KELLY SANDRA Clothing&Uniforms Police 100596 30 KIVO JILL Events/Admission Fee Adaptive Recreation 100597 122 KRESS CARLA Mileage&Parking Adaptive Recreation 100598 8,000 LETTUCE ENTERTAIN YOU Building Surcharge General Fund 100599 105 LIMBERG KRISTY Operating Supplies Summer Theatre 100600 72 MINNESOTA DEPARTMENT OF NATURA Operating Supplies Park Maintenance 100601 1,084 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 3 City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100602 150 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 100603 18 MINNESOTA VETERINARY DIAGNOSTI Other Contracted Services Animal Control 100604 32 MUELLER CYNTHIA Mileage&Parking Oak Point Operations 100605 614 NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 100606 187 PARK NICOLLET CLINIC Other Contracted Services Risk Management 100607 2,672 QWEST Telephone General 100608 569 REBS MARKETING Other Contracted Services Water Accounting 100609 114 SINELL STEVE Travel Expense In Service Training 100610 30 TABOR MARK A. Building Permits General Fund 100611 186 URBAN LAND INSTITUTE Operating Supplies Assessing 100612 40 VIDEOMAKER Dues&Subscriptions Police • 100613 296 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 100614 50 WESTACOTT JOEL Operating Supplies Arts 100615 173 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 100616 315 ALL SAINTS BRANDS DISTRIBUTING Misc Taxable Prairie View Liquor Store 100617 105 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 100618 1,473 BELLBOY CORPORATION Liquor Den Road Liquor Store 100619 5,428 DAY DISTRIBUTING Beer Den Road Liquor Store 100620 1,874 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 100621 13,583 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 100622 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 100623 335 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 100624 7,999 GRIGGS COOPER&CO Liquor Den Road Liquor Store 100628 12,479 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 100629 2,089 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 100630 5,470 MARK VII Beer Den Road Liquor Store 100631 559 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 100632 336 NORTH STAR ICE Misc Taxable Den Road Liquor Store 100633 2,499 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 100634 468 PEPSI COLA COMPANY Merchandise for Resale Concessions 100637 10,675 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 100638 821 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 100639 2,113 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 100641 9,560 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 100642 6,682 THORPE DISTRIBUTING Beer Den Road Liquor Store 100643 1,232 WINE COMPANY THE Wine Domestic Prairie Village Liquor Store 100644 533 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 100645 23,883 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Legal Council 100646 24 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 100647 42 BECKMAN SARAH Lessons&Classes Oak Point Lessons 100648 25 BIEGANSKI PAUL Program Fee Tennis 100649 65 BOLAND MICHAEL Program Fee Afternoon Adventure 100650 42 CARLYLE JANELLE Lessons&Classes Oak Point Lessons 100651 100 CASANOVA MICHAEL Refunds Environmental Education 100652 100 CLAUS JOEL Refunds Environmental Education 100653 252 CRACAUER CLIFF Mileage&Parking Fleet Services 100654 60 DIDIO GREGG Program Fee Summer Skill Development 100655 177 DOIG LARRY Tuition Reimbursement/School In Service Training 100656 60 ERICSON GAIL Program Fee Preschool Events 100657 22 FINGER EMILY Program Fee Outdoor Center 100658 84 FLOERSCH DARSI Lessons&Classes Oak Point Lessons 100659 28 FOREMAN WILLIAM Program Fee Summer Skill Development 100660 357 J H LARSON ELECTRICAL COMPANY Operating Supplies Park Maintenance 100661 100 JOHNSON CAROL Refunds Environmental Education 100662 50 JOHNSON MARTHA Program Fee Outdoor Center 100663 75 KINGHORN KATHY Program Fee Spring Skill Development 100664 42 KUCERA ANNETTE Lessons&Classes Oak Point Lessons 100665 84 LANTTO ORVILLE Lessons&Classes Pool Lessons 100666 100 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 100667 100 LINDER LISA Refunds Environmental Education 100668 377 MAROTTA VIC Other Contracted Services Spring Skill Development 100669 40 MCFERRIN TANYA Instructor Service Outdoor Center 100670 12 MCINTOSH ELEANOR Operating Supplies Art&Music 100671 40 MILLER LOUISE Instructor Service Outdoor Center 100672 75 OTTERNESS RON Instructor Service Outdoor Center q City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100674 12 TIME WARNER CABLE Cable TV Communication Services 100675 50 TRAPP SUZANNE Instructor Service Outdoor Center 100676 100 UGLAM RICK Refunds Environmental Education 100677 131 WRIGHT IRENE Mileage&Parking Golden Triange Study 100678 270 AARP 55 ALIVE MATURE DRIVING Special Event Fees Senior Center Program 100679 880 ANCHOR PAPER COMPANY Office Supplies General 100680 298 BREDAHL TIFFANY Tuition Reimbursement/School In Service Training 100681 178 COLE SCOTT Tuition Reimbursement/School In Service Training 100682 2,175 ESCHELON TELECOM INC Telephone General 100683 15 FAMILY FUN Operating Supplies Youth Programs Administration 100684 10 HALL LOIS Program Fee Senior Center Program 100685 178 HAMMERLIND PETE Tuition Reimbursement/School In Service Training 100686 1,773 INNOVATIVE GRAPHICS Clothing&Uniforms Police 100687 47 JOHNSON PEG Program Fee Adult Program 1.00688 196 JONASON MARVIN Operating Supplies Summer Theatre 100689 3,051 KMC TELECOM HOLDINGS INC. Telephone General 100690 65 MANN TRIA Mileage&Parking Special Events Administration 100691 94 MARQUARDT ESTHER Program Fee Adult Program 100692 43 MEALS ON WHEELS Operating Supplies Senior Awareness 100693 472 MEDICINE LAKE TOURS Special Event Fees Adult Program 100694 100 MHS Other Contracted Services Environmental Education 100695 961 MINNESOTA BUSINESS FORMS Office Supplies General 100696 47 OLESON ARLENE Program Fee Adult Program 100697 42 PICKERING MARIE Program Fee Adult Program 100698 40 SCHELL GEORGE Video&Photo Supplies Senior Awareness 100699 180 SOLEE LAVERNE Instructor Service Senior Center Program 100700 53 THIELMAN MARC Mileage&Parking General Facilities 100701 40 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 100703 905 WALMART COMMUNITY Office Supplies After School Programs 100704 36 WERTS SANDY Mileage&Parking Senior Center Administration 100705 185 APT JOE Instructor Service Senior Center Program 100706 41 BUTCHER SHERRY Miscellaneous City Council 100707 700 CARS Hope Loan Receivable Hope Loan Auto Repair 100708 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 100709 100 ENDERLE ANN Refunds Environmental Education 100710 42 GESKE ERIN Lessons&Classes Oak Point Lessons 100711 1,350 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 100712 78 LINEHAN KIM Lessons&Classes Oak Point Lessons . 100713 250 MEEKER COUNTY SHERIFF'S DEPART Deposits Escrow 100714 27 MENARDS Building Repair&Maint. Water Treatment Plant 100715 5 MORROW LYNN Lessons&Classes Oak Point Lessons 100716 135 PAPA JOHNS Miscellaneous Teen Programs 100717 323 PETTY CASH Postage Senior Center Program 100719 1,516 QWEST Telephone Prairie View Liquor Store . 100720 400 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 100721 100 SNYDER STEVEN Refunds Environmental Education 100722 200 WILDER LOIS Instructor Service Senior Center Program 100723 86 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 100724 177 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 100725 44 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 100726 1,464 BELLBOY CORPORATION Liquor Den Road Liquor Store 100727 3,908 DAY DISTRIBUTING Beer Den Road Liquor Store 100728 1,896 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 100729 16,776 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 100730 256 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 100731 1,096 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 100733 10,257 GRIGGS COOPER&CO Liquor Den Road Liquor Store 100734 170 HOHENSTEINS INC Beer Den Road Liquor Store 100738 35,848 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 100739 2,061 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 100741 19,065 MARK VII Beer Den Road Liquor Store 100742 519 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 100743 315 NORTH STAR ICE Misc Taxable Den Road Liquor Store 100745 8,111 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 100746 1,426 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 5 City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100747 2,667 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 100748 9,431 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 100749 10,911 THORPE DISTRIBUTING Beer Prairie View Liquor Store 100750 5,521 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 100751 400 ASPEN CARPET CLEANING Other Contracted Services Prairie Village Liquor Store 100752 30 BACHMANS CREDIT DEPT Landscape Materials/Supp Fire Station#1 100753 178 CLEMENT DWIGHT Tuition Reimbursement/School In Service Training 100754 1 CLEVELAND BOB Program Fee Preschool Playground 100755 224 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant •100756 3,061 DAYTON'S COMMERCIAL INTERIORS Building Repair&Maint. Prairie Village Liquor Store 100757 280 DEPT OF LABOR&INDUSTRY Licenses&Taxes Maintenance 100758 620 EDEN PRAIRIE HIGH SCHOOL Special Event Fees Senior Center Program 100759 25 EXCELSIOR CITY OF Conference Expense In Service Training 100760 12 EXPRESS MESSENGER SYSTEMS INC Postage General 100761 58 FEDEX Postage General 100762 190 FUN EXPRESS Operating Supplies July 4th Celebration 100766 1,615 GENUINE PARTS COMPANY Equipment Parts Fleet Services 100767 3,000 HENNEPIN COUNTY SHERIFF'S OFFI Software Maintenance Information Technology 100768 60 HICKS TAMMY Program Fee Summer Skill Development 100769 5 INTERNATIONAL CHECK SERVICES I Other Contracted Services Prairie Village Liquor Store 100770 2,639 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 100771 2,748 MINNEGASCO Gas Water Treatment Plant 100772 44 MN TWINS Employee Award Human Resources 100773 247 QWEST Telephone Police 100774 10 SILVERS LORI Program Fee Outdoor Center 100775 320 A TO Z RENTAL CENTER Other Rentals Street Maintenance 100776 121 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 100777 915 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fleet Services 100778 950 ALLMAX PROFESSIONAL SOLUTIONS Software Water Treatment Plant 100779 466 ALTERNATIVE BUSINESS FURNITURE Capital Under$2000 Prairie Village Liquor Store 100780 520 AMERICAN ENGINEERING TESTING I Testing-Soil Boring Storm Drainage Projects 100781 184 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 100782 2,234 ANCHOR PRINTING COMPANY Printing Staring Lake Concert 100783 280 ANDERBERG CRAIG W. Other Contracted Services Softball 100784 120 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 100785 67 APPARENTLY GRAPHIC LTD. Operating Supplies Fire 100786 3,436 AQUA ENGINEERING INC Other Contracted Services Water System Maintenance 100787 1,165 ASPEN EQUIPMENT CO. Capital Under$2000 Fleet Services 100788 102 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Traffic Signs 100789 150 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 100790 299 BACKRUB SHOP THE Employee Award Human Resources 100791 3,138 BACONS ELECTRIC COMPANY Other Contracted Services. Water Treatment Plant 100792 225 BAKER'S PLAYS Operating Supplies Winter Theatre 100793 155 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment Plant 100794 103 BARKER-HAMMER ASSOCIATES INC. Operating Supplies General Facilities 100795 267 BARR ENGINEERING COMPANY Other Contracted Services Park Acquisition&Development 100796 980 BARTZ GERALD Other Contracted Services Softball 100797 53 BATTERY STORE INC THE Operating Supplies Engineering 100798 481 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 100799 67 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 100800 945 BENIEK PROPERTY SERVICES INC. Other Contracted Services Fire Station#2 100801 131 BERNE SCALE Other Contracted Services Water Treatment Plant 100802 4,200 BERRY WRITING GROUP INC Conference Expense In Service Training 100803 25 BICYCLE FEDERATION OF AMERICA Training Supplies Police 100804 393 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies City Center Operations 100805 240 BRANDT LEE Other Contracted Services Softball 100806 1,708 BRAUN INTERTEC CORPORATION Design&Engineering Improvement Projects 1996 100807 177 BRIN NORTHWESTERN GLASS COMPAN Other Contracted Services Water Treatment Plant 100808 165 BRO-TEX INC Equipment Parts Fleet Services 100809 770 BROWN PAUL Other Contracted Services Park Facilities 100810 494 BURTON EQUIPMENT INC Operating Supplies City Center Operations 100811 357 C&H DISTRIBUTORS INC. Repair&Maint.Supplies Water Treatment Plant 100812 11 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 100813 533 CDW GOVERNMENT INC. Other Hardware Information Technology 100814 432 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 6 City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100815 1,605 CLAREYS INC Small Tools Fire 100816 1,378 CLOSED CIRCUIT SPECIALISTS INC Other Contracted Services Police City Center 100817 91 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services 100818 394 CONSTRUCTION BULLETIN Legal Notices Publishing Street Maintenance 100819 318 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 100820 363 COPY EQUIPMENT INC Equipment Repair&Maint Engineering 100821 2,429 CORPORATE EXPRESS Office Supplies Police 100822 108 CREATIVE CONCEPTS IN MARKETING Awards City Council 100823 219 CROWN MARKING INC Operating Supplies Police 100824 85 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 100825 180 CUSTOM REFRIGERATION INC Equipment Repair&Maint Fleet Services 100826 8,237 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 100827 1,512 DAHLGREN SHARDLOWAND UBAN Deposits Escrow 100828 603 DAKOTA SKY EDUCATION Travel Expense In Service Training 100829 1,833 DALCO ROOFING&SHEET METAL IN Repair&Maint.Supplies Maintenance 100830 53 DALE GREEN COMPANY THE Landscape Materials/Supp Street Maintenance 100831 66 DANKO EMERGENCY EQUIPMENT CO Small Tools Fire 100832 47 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 100833 552 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 100834 25 DELEGARD TOOL CO Small Tools Fleet Services 100835 15,953 DELL MARKETING L.P. Computers Information Technology 100836 240 DESAULNIERS DAN Other Contracted Services Softball 100837 116 DIRECT SAFETY CO Protective Clothing Water Utility-General 100838 365 DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 100839 508 DNR SCREEN PRINTING INC. Clothing&Uniforms Summer Theatre 100841 324 DRISKILLS NEW MARKET Special Event Fees Preschool Events 100842 12,912 DRT TRANSPORT Other Contracted Services Water Treatment Plant 100843 342 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 100844 687 EARL F ANDERSEN INC Signs Traffic Signs 100845 90 EDHLUND ERIC Other Contracted Services Spring Skill Development 100846 25 EDINA CITY OF Other Contracted Services Park Maintenance 100847 230 EFFECTIVE PROMOTIONS Operating Supplies Pool Special Events 100848 1,033 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 100849 4,867 FACILITY SYSTEMS INC Capital Under$2000 Furniture 100850 361 FASTENAL COMPANY Equipment Parts Fleet Services 100851 985 FEDERAL SIGNAL CORPORATION Capital Under$2000 Fleet Services 100852 65 FERRELLGAS Motor Fuels Ice Arena 100853 3,560 FINLEY BROS INC Building Materials Park Acquisition&Development 100854 1,015 FIRENET SYSTEMS INC Other Contracted Services Water Treatment Plant 100855 281 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 100857 1,701 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 100858 229 GIRARD'S BUSINESS MACHINES INC Equipment Repair&Maint General 100859 194 GLENROSE FLORAL AND GIFT SHOPS Employee Award Human Resources 100860 385 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 100861 1,374 GREENER PASTURES Other Contracted Services Water Treatment Plant 100862 7 HALDEMANN HOMME INC Printing Assessing 100863 299 HAMILTON MICHAEL Other Contracted Services Softball 100864 373 HANCE COMPANIES Equipment Parts Fleet Services 100865 8,209 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 100866 8,360 HAWKINS WATER TREATMENT GROUP Capital Under$2000 Water Treatment Plant 100867 1,698 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 100868 57,611 HENNEPIN COUNTY TREASURER Improvement Contracts Improvement Projects 1996 100869 1,969 INDEPENDENT SCHOOL DIST NO.27 Gym Rental Adult Open Gym 100870 206 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant 100871 495 INFRATECH Other Contracted Services Storm Drainage 100872 772 INGRAHAM&ASSOC Design&Engineering Park Acquisition&Development 100873 500 INSPEC INC. Building Capital Impr./Maint.Fund 100874 37 ITS A KEEPER Employee Award Human Resources 100875 10 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Fire Station#3 100876 750 JANEX INC Cleaning Supplies General Facilities 100877 81 JOHN HENRY FOSTER MINNESOTA IN Equipment Parts Water Treatment Plant 100878 4,450 KERN DEWENTER VIERE LTD. Audit&Financial Finance 100879 437 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 100880 128 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 100881 88 IAKELAND FORD TRUCK SALES Equipment Parts Fleet Services City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100882 48 LANDS END CORPORATE SALES Clothing&Uniforms Police 100883 4,059 LANG PAULY GREGERSON AND ROSOW Legal Counsel Airport Legal Council 100884 3,166 LARKIN HOFFMAN DALY&LINDGREN Legal TIF fund 100885 76 LESCO INC Operating Supplies Street Maintenance 100886 657 LIGHTNING PRINTING Printing Senior Center Program 100887 3,472 LYON WORKSPACE PRODUCTS Other Assets Furniture 100888 240 MAAGNUM INTERNET GROUP Operating Supplies Police 100889 1,872 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 100890 8 MAIL BOXES ETC Postage Water Utility-General 100891 103 MAIL BOXES ETC Postage Water Utility-General 100892 79 MARINE RESCUE PRODUCTS INC Safety Supplies Pool Operations 100893 95 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services 100894 536 METRO EROSION INC Other Contracted Services Water System Maintenance 100895 944 METRO SALES INCORPORATED* Other Rentals General 100896 298 METROPOLITAN FORD Equipment Parts Fleet Services 100897 1,259 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance • 100898 560 MIDWEST PLAYSCAPES Building Materials Round Lake 100899 6,887 MIDWEST SIGN&SCREEN PRINTING Other Assets Traffic Signs 100900 198,209 MINGER CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 100901 3,473 MINNESOTA BUSINESS FORMS Office Supplies Human Resources 100902 49 MINNESOTA CONWAY Repair&Maint.Supplies Fire 100903 45 MINNESOTA FIRE SERVICE CERTIFI Tuition Reimbursement/School Fire 100904 264 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 100905 2,108 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 100906 8,292 MONTGOMERY WATSON Design&Engineering Storm Drainage Projects 100907 564 MOORE MEDICAL CORP Safety Supplies Fire 100909 2,360 MTI DISTRIBUTING INC Equipment Parts Fleet Services 100910 44 MUNICILITE Equipment Parts Fleet Services 100911 751 McFARLAND CONSTRUCTION COMPANY Building Repair&Maint. Police City Center 100912 1,052 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 100913 400 NEUMANN NEAL Other Contracted Services Softball 100914 26 NORTH STAR TURF SUPPLY Equipment Repair&Maint Park Maintenance 100915 77 NORTHERN TOOL&EQUIPMENT CO. Small Tools Fleet Services 100916 463 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering 100917 610 OLSEN COMPANIES Equipment Parts Fleet Services 100918 431 OSI BATTERIES INC Operating Supplies Police 100919 171 PAPER DIRECT INC Operating Supplies Youth Programs Administration 100920 105 PAPER WAREHOUSE Special Event Fees Special Events&Trips 100921 32 PARK SUPPLY INC Equipment Parts Fleet Services 100922 7,446 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 100923 4,994 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 100924 152 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 100925 11 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services 100926 850 PLEHAL BLACKTOPPING INC- Other Contracted Services Water System Maintenance 100927 27 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 100928 12,731 PRAIRIE ELECTRIC COMPANY Other Contracted Services Water Treatment Plant 100929 459 PRAIRIE LAWN AND GARDEN Small Tools _ Street Maintenance 100930 98 PRESS EXPRESS Printing Fire 100931 263 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 100932 224 PRO-CUT Other Contracted Services Bluff TotLot#1 100933 449 RACQUET SPORTS Recreation Supplies Tennis 100934 65 RADCO Equipment Parts Fleet Services 100935 120 RAINBOW FOODS INC. Operating Supplies Senior Center Program 100936 967 RAY LEE Other Contracted Services Softball 100937 942 RAYMOND PRODUCTS CO INC Operating Supplies General Facilities 100938 114 RC IDENTIFICATIONS INC. Office Supplies Community Center Admin 100939 35,142 RMR SERVICES INC Equipment Parts Water Meter Repair 100940 273 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 100941 5,301 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 100942 27 SE-KURE CONTROLS INC. Small Tools Wireless Communication 100943 20,608 SEATING AND ATHLETIC FACILITY Other Assets Capital Impr./Maint.Fund 100944 23,550 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 100945 183 SHRED-IT Waste Disposal City Center Operations 100946 76,441 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 100947 275 SKEESICK FORREST Other Contracted Services Spring Skill Development City of Eden Prairie Council Check Register 6/19/2001 Check# Amount Vendor Account Description Business Unit 100948 1,925 SL-SERCO Other Contracted Services Water Treatment Plant 100949 268 SNAP-ON TOOLS Small Tools Fleet Services 100950 990 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 100951 225 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 100952 1,208 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 100953 1,010 SPORTS WORLD USA INC Recreation Supplies Softball 100954 246 SPS COMPANIES Repair&Maint.Supplies Water Meter Repair 100955 53,374 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 100956 782 ST JOSEPH EQUIPMENT INC Other Rentals Street Maintenance 100957 629 STAN MORGAN &ASSOCIATES INC. Capital Under$2000 Prairie Village Liquor Store 100958 417 STANDARD SPRING Equipment Repair&Maint Fleet Services 100959 310 STI-CO INDUSTRIES INC Operating Supplies Wireless Communication 100960 759 STREICHERS Training Supplies Police 100961 149 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 100962 176 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 100963 252 SUN NEWSPAPERS Employment Advertising Human Resources 100964 125 SWEDLUNDS Waste Disposal Outdoor Center 100965 4,606 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 100966 2,275 TESSMAN SEED CO Chemicals Park Maintenance 100967 569 THYSSENKRUPP ELEVATOR Other Contracted Services Water Treatment Plant 100968 320 TIERNEY BROS INC Capital Under$2000 Fleet Services 100969 24,273 TIMME INC Improvement Contracts Capital Impr./Maint.Fund 100970 1,593 TKDA Other Contracted Services Utility Improvement Fund 100971 873 TOTAL REGISTER Capital Under$2000 Prairie Village Liquor Store 100972 537 TRAFFIC CONTROL CORPORATION Capital Under$2000 Fleet Services 100973 266 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 100974 2,636 TWIN CITY LITHO Printing Fire 100975 107 UNIFORMS UNLIMITED Clothing&Uniforms Police 100976 19,129 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 100977 539 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 100978 409 US CAVALRY Clothing&Uniforms Police 100979 16,299 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 100980 508 US OFFICE PRODUCTS Office Supplies Water Utility-General 100981 2,900 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 100982 813 VOPAK USA INC. Chemicals Water Treatment Plant 100983 143 VOSS LIGHTING Repair&Maint.Supplies Maintenance 100984 407 W W GRAINGER INC Repair&Maint.Supplies Water Treatment Plant 100985 1,231 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 100986 7 WESTBURNE SUPPLY INC-PLYMOUT Repair&Maint.Supplies Maintenance 100987 189 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 100988 793 WILSONS NURSERY Landscape Materials/Supp Park Acquisition&Development 100989 2,563 WM MUELLER AND SONS INC Landscape Materials/Supp Park Acquisition&Development 100990 170 WOLF CAMERA INC Video&Photo Supplies Human Resources 100991 845 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 100992 2,818 XCEL ENERGY Waste Disposal Water Treatment Plant 100993 17,762 YALE INCORPORATED Building Water Treatment Plant 100994 9 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 100995 300 ZIEBART OF MINNESOTA INC Capital Under$2000 Fleet Services 100996 730 ZIEGLER INC Equipment Repair&Maint Civil Defense 100997 69 ZOELLNER MARK Other Contracted Services Softball 2,004,745 Grand Total • 1 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Works Service Area Lawn Watering Restrictions Ordinance ITEM NO.: Leslie Stovring X i , A Eugene Dietz Requested Action • Move to: Approve lst reading of an Ordinance amending City Code Section 3.30 to clarify water usage restrictions. Synopsis This ordinance is proposed to amend City Code Section 3.30 to clarify the water usage restrictions within the City. Current water usage requirements are outlined in Section 3.30, Subdivision 6 entitled Water Emergencies. The proposed ordinance will separate the Water Emergency requirements from the Water Usage Restrictions that are currently enforced year round while clarifying and simplifying the language within Section 3.30. Background Information City Code. Section 3.30, Subdivision 6, Water Emergencies, currently outlines water usage requirements in regards to the existence of a water emergency. In 1996 a Section was added which restricts watering during the hours of 12:01 p.m.through 5:00 p.m. at all times. Water usage during spring and summer,the difficulty in communicating the restrictions and the wise stewardship of our water resources has resulted in a policy to implement the measures year round to ensure adequate water pressure and water availability during high demand periods. Warning advisories of these measures are published in the City Community Newsletter and Eden Prairie News each spring and summer. Surcharges in the amount of$25 are issued for residents and businesses that are not in compliance. The proposed revision of Section 3.30 through amendment of Subdivision 6,"Water Emergencies", and addition of Subdivision 12, "Water Usage Restrictions",will serve to clarify and simplify the current water usage restrictions as a year round procedure and separate these restrictions from the Water Emergency procedures that can be implemented in extreme conditions as necessary. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 3, RULES AND REGULATIONS RELATING TO WATER SERVICE, BY AMENDING SECTION 3.30, SUBDIVISION 6 AND ADDING SECTION 3.30 SUBDIVISION 12 RELATING TO ESTABLISHMENT OF STANDARDS FOR WATER USAGE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 3 is amended by amending Section 3.30, Subdivision 6 entitled"Water Emergencies" as follows: Subd. 6. Water Emergencies. A. Whenever in the judgment of the City Manager, or his designee, the water pressure and available water in the municipal water system reaches a level which endangers the public health or safety of residents and other persons in the City,he may declare a state of water emergency which shall continue until such time as he shall determine that the danger to public health or safety no longer exists. Forthwith upon the declaration of a state of water emergency notice thereof shall be given to the news media, and all orders of the City Manager, or his designee, issued pursuant thereto shall be enforced after one hour has elapsed from the time of such notice. B. During the existence of a state of water emergency the City Manager, or his designee, may, by order, impose restrictions on sprinkling, irrigation or other utilization of water from the City's municipal water system including,but not limited to: (1)total prohibition of watering, sprinkling, or irrigation of lawn, grass or turf (hereinafter referred to as "irrigation") or(2)prohibition of irrigation on alternating days or during certain hours. C. "Municipal water system" means City owned wells, pipes, storage, treatment and related facilities for producing, storing and distributing water. D. Failure to comply with restrictions or prohibitions imposed by the City Manager, or his designee, shall result in a surcharge for water service for each day of violation in an amount determined by resolution of the City Council which shall be added to the water bill for the premises on which such violation occurs. The City Manager, or his designee, shall mail a Notice of Surcharge to the violator upon imposition of a surcharge. Continued violations after receipt of the Notice of Surcharge shall be cause for discontinuance of water service to such premises. Receipt of the Notice of Surcharge shall be presumed three(3)days after mailing by the City Manager, or his designee. a E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this Subdivision. Section 2. City Code Chapter is amended by adding Section 3.30 Subdivision 12 as follows: Subd. 12. Water Use Restrictions. A. A person may water, sprinkle, irrigate, or otherwise use water from the City's Municipal Water System for lawn areas, grass, or turf (hereinafter referred to as "irrigation" or "irrigate")only on alternating days. B. Alternating days means that residents with an address ending in an odd number may irrigate only on odd-numbered days of the month and residents with an address ending in an even number may irrigate only on even-numbered days of the month. C. No person may water, sprinkle,irrigate, or otherwise use water from the City's Municipal Water System for lawn areas, grass, or turf during the hours of 12:01 p.m. through 5:00 p.m. of any day. D. Upon written request and approval by the City Manager, or his designee, and subject to such terms and conditions imposed by the City Manager, or his designee, with respect to such approval, the following persons may be authorized to water, sprinkle, irrigate or otherwise utilize water from the City's municipal water system at times other than as permitted in Subparagraph A and B hereof: 1. Any person owning or operating a commercial or business enterprise whose economic well-being is dependent upon irrigation of a lawn, grass or turf owned, leased or operated by it; 2. Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned and operated by the City require more frequent irrigation to prevent unreasonable damage thereto; 3. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires irrigation to prevent loss of new sod, seed or immature turf or grasses for a period of thirty(30)days. E. Failure to comply with restrictions or prohibitions imposed by this subdivision shall result in a surcharge for water service for each day of violation in an amount determined by resolution of the City Council which shall be added to the water bill for the premises on which such violation occurs. The City Manager, or his designee, shall mail a Notice of Surcharge to the violator upon imposition of a surcharge. Continued violations after receipt of the Notice of Surcharge shall be cause for discontinuance of water service to such premises. Receipt of the Notice of Surcharge shall be presumed three (3) days after mailing by the City Manager,or his designee. F. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this Subdivision. 3 Section 3. City Code Chapter 1 entitled"General Provisions and Definition Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2001, and finally read and adopted and ordered published at a regular meeting of the City Council on the day of ,2001. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Ordinances and Resolutions SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: City Manager First Reading of Ordinance Repealing Ordinance Chris Enger No. 2-2001,which granted a Cable System Franchise to Everest Minnesota,LLC Requested Action Move to: Approve lst Reading of an Ordinance repealing Ordinance No. 2-2001,which granted a Cable System Franchise to Everest Minnesota,LLC. Synopsis Brian Grogan, Southwest Suburban Cable Commission/Moss &Barnett,received a letter from Michael Deggendorf of Everest, dated March 9,2001,requesting that its application for a cable television franchise be withdrawn due to marketplace factors. City Attorney Ric Rosow indicated that the appropriate action would be to approve an Ordinance repealing the Ordinance that granted the cable franchise. Background Attachment Ordinance 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY AVIINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, REPEALING ORDINANCE NO. 2-2001 WHICH GRANTED EVEREST MINNESOTA LICENSEE,LLC A FRANCHISE TO OPERATE A CABLE SYSTEM WITHIN THE CITY. WHEREAS,In April 2000,Everest Minnesota Licensee, LLC ("Everest") requested that the City of Eden Prairie,Minnesota("City") commence proceedings under Minn. Stat. § 238.081 to consider the grant of a cable television franchise ("Franchise")to Everest. WHEREAS, On January 16, 2001, the City adopted an Ordinance granting Everest a Franchise to own and operate a cable system within the City subject to acceptance by Everest. WHEREAS, On March 9, 2001, Everest Minnesota Licensee, LLC informed the City that it was unable to accept the Ordinance granting a Franchise due to adverse market conditions. NOW THEREFORE, THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Ordinance No. 2-2001 is hereby repealed in its entirety. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the day of , 2001. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2001. EP\Cable\Repeal Ord.2-2001.060401 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Ordinances and Resolutions SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: City Manager First Reading of Ordinance Repealing Ordinance Chris Enger No. 3-2001,which granted a Cable System .( , Franchise to WideOpenWest Minnesota, LLC Requested Action Move to: Approve 1st reading of an Ordinance repealing Ordinance No. 3-2001,which granted a Cable System Franchise to WideOpenWest Minnesota,LLC. Synopsis Brian Grogan, Southwest Suburban,Cable Commission/Moss &Barnett,received a letter from Craig Martin of WideOpenWest, dated March 23,2001,requesting that its application for a cable television franchise be withdrawn due to marketplace factors. City Attorney Ric Rosow indicated that the appropriate action would be to approve an Ordinance repealing the Ordinance that granted the cable franchise. Background Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, REPEALING ORDINANCE NO. 3-2001 WHICH GRANTED WIDE OPEN WEST MINNESOTA, LLC A FRANCHISE TO OPERATE A CABLE SYSTEM WITHIN THE CITY. WHEREAS, In April 2000, WideOpenWest Minnesota, LLC ("WideOpenWest") requested that the City of Eden Prairie, Minnesota ("City") commence proceedings under Minn. Stat. § 238.081 to consider the grant of a cable television franchise ("Franchise") to WideOpenWest. WHEREAS, On January 16, 2001, the City adopted an Ordinance granting WideOpenWest a Franchise to own and operate a cable system within the City subject to acceptance by WideOpenWest. WHEREAS, On March 23, 2001, WideOpenWest, LLC informed the City that it was unable to accept the Ordinance granting a Franchise due to adverse market conditions. NOW THEREFORE, THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Ordinance No. 3-2001 is hereby repealed in its entirety. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the day of , 2001. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ,2001. EP\Cable\Repeal Ord.3-2001.060401 CITY COUNCIL AGENDA DATE: June 19,2001 SECTION: Petitions,Requests and Communications SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Area Morraine Way Pond Eugene A. Dietz x •A Requested Action Move to: Receive information submitted by the "Morraine Way Pond" neighborhood and refer the issue to City staff for evaluation of alternatives within 60 days. Synopsis The neighborhood adjacent to the Morraine Way Pond has requested an opportunity to present their views regarding the declining water levels in the Morraine Way Pond. Beyond the original petition submitted last year, there was no additional request. City Council is encouraged to identify the specific request being made by the neighborhood to clarify direction for staff. Background Information Attached is the following information: • A copy of the first page of the original petition submitted last fall by the neighborhood • A copy of the memorandum report dated April 10, 2001 that was received by City Council and mailed to the neighborhood • A copy of the April 27, 20011etter that transmitted the report to the neighborhood • A letter from Sheldon Michaletz dated May 8, 2001 • Notes from Dick and Ruth Nubson dated May 6, 2001 • Copies of photos of the pond The staff report and transmittal letter concluded that there was no evidence that points to a specific event (such as construction of TH 212) that led to the declining water levels and that there is no specific evidence that property values are declining in the neighborhood that would lead to a reduction in taxes. The information from the neighborhood has no specific request beyond the original petition. It is anticipated that the neighborhood may bring a specific request forward at the council meeting. Attachments See above list Neighborhood Petition We the undersigned would like to go on record as voicing our concern regarding the deteriorating condition of the pond(historically a portion of Red Rock Lake)bordered by Morraine Way,Red Rock Rd., View Lane and Canyon Ridge. While this water area in the past has been a central point for recreation such as ice-skating rinks in the winter, a place to canoe in the summer, and a watershed area for numerous wildlife and birds, it has now deteriorated to the point of being completely dried up. Our observation has been that this process of deterioration coincided with the construction of Highway 212 in our neighborhpod. While there have been times in the past where the level of water in the pond has gone down slightly in dry seasons, we do not feel that this deterioration is the result of weather but due to some other reason. We the undersigned would like immediate action taken to investigate the source of this problem and have it rectified now. If no immediate action is taken, we feel that our property taxes should be reviewed and lowered given that we no longer border a water area. Immediate response to this petition and notification of what action is being taken is requested. Contact can be made with either Kris Johnson at 934-7692 (15535 Morraine Way) or Marcia Turner at 937- 2129 (15475 Morraine Way). We thank you in advance for your prompt attention to this matter and look forward to hearing from you. Name Address a 9.7 Y -c I9 / 7 �o !' ''41, ce. 75(�c c C f 01 0_4 E o17/fiD �-r, ,�-�t 151,33 i a-� ,v h• 4 a�. ( i C'cL-a c C-k :'( . .r(% 1Q/-7 d _ ,—,f LV -7 ()e, �.,,( ��.�' /.5's�'� (� / /-// 8 ri,1-f L.f.'n?/t ( i 9 1 L,& dScq, I c i'4 ,Q hJ f�z- 'C v Ce%) � 7 9 �-a ,1 t�G.), �' (��(� (6/7/rri M( '( ,' sr}L�rJl��24 /5 SL5 al A"WAV !g ci5C lam•/7/,u _ /J 7 -✓ `✓` N%cc�-- —s i c.1, / C.; V LLA E L 1 o•L) f 2 ,ce\I 1 190 m el s 0 n - 1 `--)7C2(a u I. •t l aca c/3 J -- A;t"t,14,! 4 ;L,2,i-o r G CA 1\ 0`1_ 1 \1 l\\c.,g- \Jc v,-),l0 D y)Vz. . , — - I /5 319 (� , ;il • V 0 Memorandum II•ma To: Mayor and City Council From: Leslie A. Stovring,Environmental Coordinator Through: Chris Enger,City Manager Gene Dietz,Public Works Services Director Date: April 10,2001 Re: Neighborhood Pond Bordered by Morraine Way and View Lane Synopsis Concerns regarding the Morraine Way Pond (Wetland 16-31-A) were expressed during the summer of 2000 from adjacent residents. They stated that water levels of the pond were steadily decreasing from 1999 to 2000. The Minnesota Department of Transportation was contacted to evaluate the pond in relation to their construction activities for Highway 212 to determine if the drying of the pond was related to their dewatering activities. In October 2000 a petition was signed by the residents of the area voicing their concern regarding the deteriorating condition of the pond. This memorandum is in response to these concerns. Background Information Wetland Information Wetland 16-31-A(the Morraine Way pond)is a,moderate quality wetland that was Inventoried in 1997 as a mixture of Type 5 open fresh water wetland and Type 3 shallow fresh marsh. Dominant vegetation included smartweed, duckweed, arrowhead, cattail and reed canary grass. It is a DNR Protected Wetland (994W). The wetland does have a stormwater inlet. The average depth estimated during the 1997 City Inventory was 3 feet. Contact Information Initial Contact with Residents Two residents contacted City staff regarding the pond condition in April and May 2000. They were Ms. Kris Johnson and Mr. Sheldon Michaletz, both on Morraine Way. They stated that they had noticed a lowering of the water level in the pond in both 1999 and 2000. Mr. Michaletz, a long time resident, stated that the pond was drier then he could ever remember. Initial Contact with MnDOT On May 4, 2000, the Minnesota Department of Transportation (MnDOT) was contacted to evaluate the pond condition in relation to their construction activities for Highway 212. Mr. Steve Barrett, Project Engineer for Highway 212 expansion, and Mr. Billy Thomas, District 5 Hydraulics Engineer, were both contacted. They both stated that the construction activities would likely not have impacted this pond. The fact was mentioned that all water bodies within the metro area are lower than normal due to the dry winter conditions and long periods of dry weather we have had during 1999 and 2000. They pointed out that Lake Minnetonka was 18 inches below its normal water level in May 2000. City Staff requested that a groundwater 3 -- _ Morraine Way Pond April 10,2001 Page 2 of 3 specialist review the pond and drainage area and determine if the construction could be a factor. City data on subwatershed and elevation information was forwarded for their review. Ms. Kris Johnson was given the name and number for MnDOT to contact them for further information. Petition In October 2000 the residents of the Morraine Way pond neighborhood submitted a petition. Their petition stated that the pond was now completely dry and they were no longer able to use the pond for activities such as ice-skating and canoeing. They insisted that the drying of the pond coincided with the Highway 212 construction and that the pond has never been as dry as observed during the summer of 2000. The petition requested that City Staff investigate the source of the problem and rectify it. They also stated that property taxes should be reviewed if the water level of the pond does not recover, as it would no longer be an open water feature. MnDOT Evaluation On November 14, 2000 Mr. Barrett from MnDOT submitted a letter in response to Staff s request for an evaluation of the pond. Mr. Barrett stated he reviewed all the information with a staff groundwater geologist. Their opinion was that the dewatering operations were not responsible for the pond drawdown. The dewatering was contained within the immediate construction area and the groundwater within the wells rapidly returned to their original levels. A copy of the letter was forwarded to Ms.Kris Johnson. Montgomery Watson Evaluation Mr. Derek Knapp, P.E., from Montgomery Watson was contacted in March 2001 to provide an opinion on the MnDOT letter. Mr. Knapp is our consultant for our Local Water Management Plan who has also done research on groundwater interaction with surface water basins. Mr. Knapp states that the information provided by MnDOT is likely correct as long as the information provided is accurate. The quick recovery time indicates that the dewatering was temporary,and the surface levels should have been quickly replaced by the groundwater aquifer. Climatological variations would have significantly higher effect on surface water and groundwater levels than do localized disturbances such as the dewatering for Highway 212. Roadway construction by itself is typically not a threat to groundwater flow patterns as the road infrastructure is not deep enough to block subsurface flow patterns. Also, on a regional basis, • • the groundwater aquifer likely slopes southward,towards the Minnesota River. General Observations by Staff The Morraine Way pond is drier than normal. However, many wetlands evaluated within the City of Eden Prairie during 1999 and 2000 have shown signs of stress from abnormally dry conditions. Many wetlands identified as deep water wetlands in the 1997 City Inventory are now being evaluated as shallow marshes or wet meadows. Wet meadows are seeing encroachment of upland and invasive species. The snow and rainfall patterns for 1999 and 2000 have not been normal. .For example, for the winter of f999/2000 snow cover was 20 inches less than average. In addition;_the__weather was unusually warm so=that the snowmelt did=not-occur in the spring when the water would pool in our ponds :wetlands and be of mast benefit. Rainfall during the summer was occasional and in short bursts,with long dry spells in between.`_- The drainage aazea for the wetland is approximately 26.0 acres and the wetland is approximately 4.4 acres in size:- This results in a catchment-to-Wetland ratio of 6 acres of drainage area of to 1 Morraine Way Pond April10,2001 -- Page 3 of 3 acre of wetland(6:1). The standard rule of thumb for drainage area required for a wetland is 8:1 to 12:1 for Minnesota,with approximately 10:1 for the Metro area(Hamilton and Jenson, 1940). The smaller drainage area would result in a slow recovery time from dry periods. An outlet was constructed for the pond in 1985 due to high water levels. No other construction has occurred within the pond basin that may have contributed to the current condition of the pond. Property Assessment The properties adjacent to the Morraine Way pond were never assessed as an open water feature. Rather, the wetland was assessed as an open space or natural environment. It is generally accepted that wetland ponding areas of this type do experience fluctuations in the water levels with dry and wet periods over time. In addition, as a result of the petition the Assessing Department has flagged this area for special attention regarding property values. No decrease in property values has been noted. Four homes adjoining the pond on Canyon Ridge Drive and Village Woods Drive sold between July and December of 2000. All four increased in sale price since their previous sales. The increases in relation to the number of years owned were 27% (after 2-1/2 years), 33% (after 3-3/4 years), 53% (after 14-1/2 years), and 64% (after 4-3/4 years). The changes in value were typical for the Eden Prairie housing market. Conclusions and Recommendations With these conditions and without long periods of soaking water and average snowfall, the water bodies within the City have been getting dry. Staff believes that the dry conditions seen in the . Morraine Way pond and others of similar nature are the result of natural climatological conditions. The water within these ponds should recover naturally after snow cover and rainfall patterns return to normal. However, a long, wet period of weather will likely be need to fully recover water levels to normal. • • • • • Minnesota Department of Transportation if 1441111 / Metropolitan Division or Construction Resident Office 7333 Bryant Lake Drive Eden Prairie, MN 55344 Office Tel.952-826-6778 • Fax 952-941-5481 November 14,2000 Leslie A. Stovring • Environmental Coordinator City of Eden Prairie 8080 Mitchell Road • Eden Prairie,MN 55344-2230 Subject: S.P. 2762-12 (T.H. 212=121) • T.H.212 in Hennepin County Neighborhood Pond Inquiry • • Dear Ms. Stovring: As.we discussed on the phone,I have reviewed the dewatering operations on the subject project and the questions raised by Kris Johnson and her neighbors. ,Mrs. Johnson has noted a loss of water in the pond behind her house, and has expressed concern that it could have been caused by the our T.H. 212 and Scenic Heights Road construction project. The pond in question is located approximately 1800 feet east of the construction site. The city drainage map indicates that the pond is situated upgrade of Red Rock Lake and outlets to the lake though a storm sewer. Dewatering was done for the T.H.212 project during the Fall of • 1999 and Spring and Summer of 2000. Wells were set along the new alignment of Scenic Heights Road and T.H. 212 through the muck-removal areas on the west end of the Red Rock Lake basin. Water pumped from these wells was deposited back into Red Rock Lake east of the road alignment. Whenever the wells were not pumping, the groundwater rapidly returned to its original level, indicating a very localized drawdown area. • I have reviewed this information with a Mn/DOT groundwater geologist. We do not believe • that the dewatering operations were responsible for the pond water level drop. Since the dewatering effects were contained within the immediate construction area, groundwater was not impacted near the pond. Since construction did not take place in any part of the pond drainage basin, surface water flows were not impacted by the T.H. project either. • We are willing to review any additional investigations relating to the drying of the pond that the City or neighborhood conducts. At this time,however,we believe the problem is not related to the Mn/DOT construction project. Sincerely, ► • &W./lfi Steven P.Barrett,P.E. Project Engineer An equal opportunity employer 0 4Fre city of Eden Prairie r L .- 8080 Mitchell Road•Eden Prairie, MN 55344-4485 •edenprairie.org •952/949-8300 April 27,2001 Residents Adjacent to Pond • Morraine Way/Village Woods Drive/View Lane/Canyon Ridge RE: Your Petition Pond Evaluation • Dear Resident: At the last meeting of the City Council, staff was directed to forward a copy of the enclosed report regarding the evaluation of the pond in your neighborhood. Additionally, the City Council offers a standing opportunity for residents to appear at "Council Forum" to discuss issues and concerns in an informal setting. If you desire to discuss the matter further with the City Council, the Forum is held from 6:30 P.M. to 6:55 P.M. (immediately prior to regularly scheduled City Council Meetings) on the first and third Tuesdays of the month. Residents that wish to be included in the Forum need to make their request known to the Administrative Assistant to the City Manager by noon of the meeting date. The petition from your neighborhood made two requests: • That the City investigate the reason for the deterioration of water levels in the pond and that the problem be rectified; or • Review and lower property taxes if no remedial action is taken. POND EVALUATION The attached report essentially concludes that there is no evidence that a specific event or occurrence (such as TH 212 construction) has led to the deteriorating water elevations. There have been three developments created around this pond and along with some water elevation trends are summarized as follows: • The first development began in approximately 1975 —Red Rock Hills lst Addition. This development is essentially the neighborhood adjacent to the cul-de-sac on Red Rock Road, Morraine Way and a short segment of Village Woods Drive. According to the records, the water elevation in the pond on May 3, 1975 was 854.37 (feet above sea level). The only construction activity relating to the pond appears to be the construction of a storm sewer from the Red Rock Road cul-de-sac to the pond to convey storm water from the area to the east of the pond. • The second development began in 1984—Scenic Heights West. This neighborhood is essentially the easterly end of Canyon Ridge,lying between Scenic Heights Road and the pond. The water elevation on July 6, 1984 was 852.97. There were no construction activities in the pond area associated with that project. • The final project adjacent to the pond was the Red Rock Heights Addition that began in 1985. The record indicates that the "high water mark" of the pond was 850.2 prior to the construction of the development. As part of the project, a storm sewer outlet(the only one for the pond)was installed at the west end of the pond. Although there are only three data points for pond elevations relating to these developments, there is a definite trend towards the water levels falling over the past 25 years. City staff can offer no conclusions about why this trends appears,but along with a rather small drainage area to pond area ratio described in the report and the seasonal variations in rainfall,it appears to be the best evidence that the deterioration of the pond has not been due to a specific event, such as the TH 212 construction. PROPERTY TAX REVIEW For a more precise explanation of the method of computing the value of your homes, which leads to the amount of your property tax, you may wish to speak to the City Assessor's office. However, from a very simplistic viewpoint, property features are not the driving factor in establishing market value. Rather sales information is trended in the community and based on the size of the home, age, condition, etc., a value is ascribed. Factors such as the condition of the pond in your neighborhood are not specifically valued, but to the extent that home values established by the market place rise or fall, a change in property taxes would result. There were only four home sales in the neighborhood adjacent to the pond last year, but there is no evidence that property values have declined, which would then in turn lead to a reduction in property taxes. SI:JIVIlVIARY Again, the report concludes that there is no specific event that has occurred that could be corrected to resolve the declining water levels in the pond. Further, there is no evidence that home values in the neighborhood are declining and that property taxes should be lowered. If you have specific questions about the report,you may reach me at 952-949-8310. Sincerely, gene A.Dietz, '.E. Director of Public Works Services To:Eden Prairie Mayor and City Council. From: Sheldon Michaletz 15565 Morraine Way E.P. 55347 937-2784 Date:May 8, 2001. Re:Neighborhood pond by Morraine Way and View Lane. Dear council and staff,your response to our petition was both interesting and informing. I have lived in the area since 1949, and moved to Morraine Way in 1979-80. I was a • custom home builder in Red Rock Hills for many years. My history with the pond goes back to 1960, as we used it for duck hunting for many years. I went out on the pond in a boat and was surprised to see how deep and clear the water was.I thought it must have a spring in it, as well as runoff. The pond has always been there through floods and drought years. The 1999-2000 season saw a very rapid decline,that I saw on a weekly basis. It was as if someone had pulled the plug out of the tub.It went completely dry for the first time. It happened at the same time that the road work was being done near the end of Red Rock Lake for the 212 corridor. Thus our petition was started to protect our property values. The 2000-2001 season has brought 3 times the normal moisture,yet our pond has not grown much, and declines, if it does not rain daily. I believe it will dry up again as summer comes. As my response to property values,I have more experience at that than as to why the pond is declining. To arrive a a property tax,the city must use a more simple approach to arrive at a figure for the volume,of homes. Thus the sales and surrounding values are used on a general basis. Homes,in.ou area have always increased in value, due to many factors. To say that the pond has little to do with the value of our properties desirability is not correct.Everyone has heard the saying by realtors, location,location, location.There is always a demand for property on water. There definitely is a perceived value in the buyers eye! I might also say from years of experience(that thing you gain after it's to late),that the real value of a home,is the price'you•are able to get when you finally sell it. Thank you, Sincerely, Sheldon Michaletz. 1 Notes on the Morraine Pond as recalled by Dick and Ruth Nubson 15505 Morraine Way May 6, 2001 Ruth and I purchased Lot 14 Block 1 in Red Rock Hills from John Huston of Apple Valley in 1976. We appreciated the area for its big oaks,the pond,and the nearness to our jobs. At that time there was water the entire length of the pond,which had an interesting keyhole shape. We began our home construction in November of 1977. We moved into a partially completed home in August 1978. Even in August,there was water in the pond from end to end, and our son built a'dock out from our shoreline. The dock extended at least six feet out, and the water near the end of the dock was 3 to 4 feet deep. I can recall standing on the dock watching fish swim around it. We also used the dock to launch our inflatable boat,which we occasionally rowed(not poled) all over the pond. For several years the water was deep enough to row our boat, even on the"shallow"East End of the pond. Each spring the dock would be submerged by water. For the first seven or eight winters we lived here,we frequently skated on the pond. One year,when the pond was frozen but rough,I attempted to flood a portion of the pond to make a smooth rink right by our lot. I chopped two holes, one near our lot,and one on the West End of the pond. At the hole near our lot,the water was only about 4 feet deep and too dirty to use for flooding. The hole near the West End supplied us with clear water,which, as best I can recall,was 12 to 15 feet deep. In the past,we enjoyed the ducks that visited the pond in the spring, including wood ducks. In'90 or '91,I put up a cedar wood duck house. I stood out on the melting ice a few feet from shore to pound the two-inch steel post through the ice.When the ice melted,the pole was completely surrounded by water. I decided to put up a second one the following year. I had to build a temporary dock with an 8-foot plank to put the steel post out in the water. For the next few years, 1 to 2 feet of water surrounded both of these houses each spring. Now these same houses are at least 35 feet from the current waters edge. During our first seven years in Eden Prairie,the land at the end of Morraine Way was indeed a prairie. All of the land west of the Michaletz house was open meadow,fringed with trees. There was a high ridge along the West End of the pond. A path followed that ridge, and was used by kids to cut over to Scenic Heights and walk to school. Near where Village Woods Drive and View Lane are today was an area of about three acres that formed a natural depression. This contained a thick grove of trees that seemed to always have water in it. We assumed that there was a natural spring in that depression. • In'84, during the Village Woods and View Lane construction,this depression was filled in. The trees,mostly willow,were removed first. A large hole was dug on the property and filled with stumps from all the trees that were removed. Deep sanitary and storm sewers were installed, along with a pumping station. A lot of ground water was diverted during construction. A dewatering system with a vacuum pump and sand points was installed. This system ran most of the summer, 24 hours a day 7 days a week without stopping. The construction had tapped into a ground surface water source,and the soil in the trenches was a coarse pit run gravel,with sand pockets. Since this construction,we have noted that there is usually water running in the storm sewer system in this area, even on dry days. We really question where this water is coming from, and it's our belief that the natural spring was diverted into Red Rock Lake during construction. Red Rock has since been at a higher elevation,making the paved trail located on the southeast side almost impassable. In the letter(dated April 27)we received from the City of Eden Prairie regarding this issue,there is data about the elevation of the pond. According to this data,the pond elevation dropped about three feet during this construction period,from '84 to `85. We checked for data on average precipitation for this time frame on the Internet, and have enclosed a report from the DNR. According to their data,average precipitation during this period was fairly consistent. In'84 the precipitation measured 36 inches, in '85 it was 35 inches, and in '86 it was 35 inches. This was followed by the"drought"of '87-88,which further decreased the pond elevation. The pond has not recovered, and is even lower than during the drought. 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' ) 477,dr.). 1..7,Str',11,;',,4,7.41.•• !).1,1,. , If•IZ......#.,... , 1 , I-. ....':...57/.11.I.0,' .. ..,•:- •3 • • •1,,,n,irr'''''./Ate"r",..11.„,,,,..1; ...11•••','C •21"'.. 4 ,1-,:t?'-,,,,'L'..; ,_ , Ar . , it. .., .041,ii;4•N't, •(Wit 7'...1 'Irispl .t'1N1. . ..-,---, -,a ".4- '. -..q't,•F.:;".-.. -P,V,, Ls,,..-74: ••, .,f.th.rilL,:. ;e, ,i Pe'.. ( , • V'7•7, f • -' • , gin..), 'Il• ,• -"Ino•.•, 1..,i " I, kg,t••*4-,,,-...tt frizom...edie•••iit;.• . CITY COUNCIL AGENDA SECTION: Report of Officers SERVICE AREA: Office of the City Manager DATE: June 19,2001 ITEM DESCRIPTION: ResignatiodAppointment to Parks and Recreation Citizen Advisory Commission I ITEMNO.: Reauested Action Move to: Accept resignation of John Murray 11 from the Parks and Recreation Citizen Advisory Commission effective June 1,2001. Move to: Appoint to the Parks and Recreation Citizen Advisory Commission Susan Dickman - Term to expire March 3 1,2002. Synomis John Murray tendered his resignation from the Parks and Recreation Citizen Advisory Commission effective June 1,2001. Susan Dickman has expressed interest in reappointment to the Parks and Recreation Citizen Advisory Commission by filling the position vacated by John Murray. Background Susan Dickman was appointed to the Arts Commission in April 1998. When the Arts Commission became inactive in 2000, she was appointed to the Parks and Recreation Citizen Advisory Commission to finish out her three-year term. Her term expired in March 2001. Susan Dickman was given the opportunity to reapply to the Parks and Recreation Citizen Advisory Commission in January 2001. She indicated she would be out of the country during the Boards and Commissions interview process, and thought her absence would prevent consideration for reappointment. She has declared her interest in returning to serve on the Parks and Recreation Citizen Advisory Commission. .Susan Dickman currently serves on the Purgatory Creek Recreation Area Task Force. Attachments 0 Letter of resignation from John Murray 11 0 Parks and Recreation Citizen Advisory Commission Roster 0 Parks and Recreation Citizen Advisory Commission Charter From: cJJMURR2-l 12@aol.com~ To: <Tmann@ci.eden-praine.mn.us> Date: 5/31/01 4:30PM Subject: Commission Resignation Dear Mayor & City Council, It is with deep regret that I must resign from the Park and Recreation Citizen Advisory Commission. This is effective June lst, 2001. As you know, I am a teacher at Bloomington Jefferson High School. Last March, the district laid off 13 teachers. I was one of those teachers. I searched everywhere for another job. I am living a childhood dream in my hometown. The last thing I ever dreamed of was leaving Eden Prairie. However, it's very hard for me to break back into local television. I now have too much experience for the jobs opening at local stations. .I applied for jobs, but was turned down. As you all will agree, the family must come first. I have to work to take care of my wife, children, and yes 3 grandchildren. I have accepted the job as News Director at KDLT TV (NBC) in Sioux Falls, SD. For now, my family will continue to live in Eden Prairie. I will come home on the weekends. Even though I will remain and Eden Prairie citizen, my work schedule will interfere with my duties as a commissioner. This is.the hardest decision I have had to make in my 13 year career. I am convinced it is the right one. I have been actively trying to help lead this beautiful community. However, I have exhausted this job market for my journalism skills. I want the job so I can provide a stable life for my family. I hope to return full-time in a couple of years. I will not sell my house. That's my way of making sure I come back home soon! Thank you for the wonderful opportunity. I hope to work with you all again in the future. Sincerely, John Murray 7319 Hunters Run Eden Prairie, MN 55346 (952) 934-7035 a PUBLIC DATA 2001 - 2002 Parks and Recreation Citizen Advisory Commission Roster Appointed Term Expires Ann Birt April 2000 6367 Chasewood Drive Eden Prairie, MN 55344 W: same H: 952-941-6446 March 2002 March 2003 6633 Promontory Drive Eden Prairie, MN 55346 E-Mail: thirdstreetmusic@aol.com March 2003 9484 Painters Ridge Eden Prairie, MN 55347 H: 952-942-0424 W: 952-829-1212 E-Mail: darbyl 1 l@,msn.com Trisha Swanson April 2001 March 2004 8425 Hiawatha Avenue Eden Prairie, MN 55347 3 ADVISORY BOARDS & COMMISSIONS CHARTER STATEMENTS PARKS & RECREATION CITIZEN ADVISORY COMMISSION (PROGRAM SUPPORT) Purpose Statement: Act in an advisory capacity to the City on matters of leisure services, recreation programming and development and use of parks and recreation facilities supported by the general public. Roles and Responsibilities: A. B. C. D. E. F. Enlist the support of organizations and individuals in providing City parks and recreation facilities and activities. Provide input to Staff in the promotion of awareness and use of recreation facilities and activities by community organizations and individuals. Provide input to Staff on park plans including site development and facility modification and/or location. Provide input to Staff on the prioritization of park projects for use in developing the City’s capital improvement program. Provide input to Staff on Park and Recreation facility use. Provide input to Staff on leisure programs and activities. Membership: Five (5) to seven (7) members-at-large appointed by the City Council. Chair and Vice Chair: Annually appointed by the City Council. Staff Liaison: Manager of Recreation Services Meeting Time & Frequency: lSt Monday in even months CITY COUNCIL AGENDA SECTION: Report of Community Development and Financial Services Director ITEM DESCRIPTION: 2000 Comprehensive Annual Financial Report (CAJW DATE: June 19,2001 ITEM NO.: 2Q-Z B,\, ~ SERVICE AREA: Community Development & Financial Services Donald Uram, Director Requested Action Move to: Accept the 2000 Comprehensive Annual Financial Report (CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Kern, DeWenter, Viere, Ltd. Steve Wischmm, Manager in the accounting firm will make a presentation of the financial report. In general, the City’s financial conditions and control procedures are sound. Attachments 2000 CAFR Management Letter CITY COUNCIL AGENDA SERWCE AREA/DMSION: Public Works Services Eugene A. Dietz SECTION: Director of Public Works ITEM DESCRIPTION: I.C. 00-5519 Outside Storage Site Acquisition DATE: June 19,2001 ITEM NO.: Requested Action Move to: Approve purchase agreement with Woodlake Sanitary Service, hc. for the acquisition of 17.21 acres in the amount of $1,200,000. Synopsis City Council authorized staff to negotiate a purchase agreement for this 17-acre site at the July 18, 2000 council meeting. This agreement and the attached report represent the completion of that task and creates the opportunity to acquire a much-needed outdoor storage facility for City services, particularly in the operating areas. Background Information In 1990 we purchased one of the three buildings on the Eaton property as a replacement site for the loss of our Maintenance Facility due to TH 212 construction. The premier advantage to the site is a central location in the community. However, the site is not large enough to provide the outside storage space necessary to support the Parks and Public Work Maintenance Operations. The adopted CIP recognizes this need and “seed” money of $400,000 was put into the five-year CIP for utilization to acquire a site. BFI has determined to sell 17 acres of land that they own in the general vicinity of the old drive- in theatre site. This creates a unique opportunity to locate an outside storage facility that could be screened and will be remote from residential areas in the community. The attached report provides an analysis of the following: 0 Purchase agreement details 0 Environmental Issues 0 Site utilization possibilities 0 Financingplan Staff urges that Council approve the purchase agreement for the property. In the ten years since the need to relocate the Maintenance Facility was identified, there have been several properties that have been investigated and rejected due to price or other constraints. However, land availability in the community is rapidly declining and the prospect of locating an outside storage facility compatible to adjacent uses is becoming extremely limited. Attachments Report 0 Purchase agreement - MEMORANDUM- TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works Services ( RE: Outside Storage Facility DATE: June 13,2001 I- The contents of this report are submitted for Council consideration in support of acquiring 17.21 acres of land fiom BFI - generally located on the east side of TH 212 approximately mid-way between Pioneer Trail and the BFI Truck Station. The report is organized into four sections as follows: ‘\ Purchase agreement details 0 Environmental Issues 0 Expected site utilization 0 Financingplan PURCHASE AGREEMENT DETAILS The office of the City Attorney has assisted staff with negotiation of a purchase agreement that provides the following highlights and conditions in addition to standard agreement language: A. Purchase price of $1,200,000 ($50,000 earnest money) B. The conveyance would be by warranty deed C., $50,000 damages limit to the City if BFI fails to close for reasons beyond those stated D. Subject to a final survey to veri@ acreage of the parcel E. A Phase I environmental audit that includes specific reference to landfill closure F. Acceptable title G. Subject to approval fiom MnDOT for access to TH 212 H. Subject to receipt of a To Action Required” letters fiom MPCA regarding groundwater contamination under the site I. Subject to verification of FAA restrictions on the site J. Closing within 60 days in the agreement issues ENVIRONMENTAL ISSUES The property has laown environmental contamination. The purchase agreement is subject to obtaining a No Action letter fiom the MPCA. This will protect the City fiom a state action requiring clean up of the site for matters the City was not responsible for. Furthermore, the contamination will not negatively interfere with the intended use of the property by the City. The agreement provides that the City accepts the property in its current “AS IS” contaminated condition, and the City waives any claims against the Seller for the condition of the property, except for claims arising out of a breach by the Seller of its representations. UTILIZATION OF THE SITE The initial utilization of the site include the following Operation, Maintenance and Public Safety needs: .e Sand and salt storage. On an annual basis we use between 5,000 and 7,000 tons of sand and salt. Based on current site constraints, we haul approximately 25% of the material to our existing facility and a parking lot at an existing park and replenish as winter goes on. An ongoing difficulty is where to put any left over material that remains in the spring. With a large enough site, we can haul an entire season’s supply of material at convenient times and store the balance. Eventually we will need an covered storage facility, but we can and have covered the pile with tarps. 0 Maintenance material storage. ‘ 1. 2. 3. 4. 5. $ea1 Coat Amregate. -In 1999 we stockpiled seal coat aggregate at the CPA parking lot, since the building was vacant. In 2000, we were able to utilize the old Lunds Food Store site because it is vacant. In previous years before development occurred on Rolling Hills Road and Prairie Lakes Drive, we stockpiled the material on the existing streets. This site for 2001 has not been identified. This site will provide a permanent location for stockpiling of the materials. Pipe/manhole. structures/castinps. Some of this material is currently stored adjacent to Well No, 3, just north of the funeral home on Mitchell Road. Other materials have to be purchased “just in time”. A portion of the site will be allocated for maintaining materials that we utilize to repair and upgrade utility structures on an annual basis. Landscaping materials. In years past we have had the availability of wood chips to use in our parks system, but it has been at the discretion of MAC in order to gain use of their property. Materials such as wood chips, topsoil that can be salvaged fiom construction projects andor purchased at an advantageous price or for fiee can be stockpiled for future use. Acra-egate and millings. We utilize crushed rock for maintaining shoulders on rural section roadways and we still have some unpaved roadways. Maintaining a stockpile on hand rather than hauling when we need it provides the flexibility of ‘performing the hauling during off peak times rather than interfering with scheduling during peak times. Additionally, we have a significant mill and overlay program each year. Having a place to stockpile some of the millings for use on gravel roadways will save the cost of purchasing material. Interim debris storaze. Providing a ready site for storage of storm damage is a critical met need at present. Additionally, the on-going summer maintenance activities create a need to store concrete, asphalt, street sweepings and sump debris until they can be liauled at a convenient time. Although not a condition of G\l-SSAVCXSW-5519 - OuWde Storage Site Acquisition\oo-5519 Outdm Storage Site Acquisition 11-07-00.doc 3 utilization of the site, it may be possible to create a “mini landiill” on a corner of this site to dispose of non-hazardous materials. 0 Confiscated vehicle storage. Chief Clark estimates that we spend approximately $12,000 per year for long-term storage of codiscated vehicles resulting from police activities and investigations. Auctiodsurplus vehicle storage. We dispose of our surplus vehicles at the Hennepin County Vehicle Auction, which occurs approximately three times per year. As new vehicles are placed in service and old vehicles come out of service, the current Maintenance Facility site becomes overcrowded. A segment of the outdoor storage facility would be allocated for this use. Off-season equipment storage. Some pieces of equipment that are seasonal can be stored outside. Until this spring, we utilized the parking lot at the old police station for that purpose. Without this site, suggested alternates seem to be limited to winter storage of equipment at parking lots in various park facilities or at the old fire station at the corner of TH 212 and Technology Drive. 0 0 Future possibilities of the site include the following: 0 Towing operation. For the next five years, it seems apparent that Matt’s Auto is adequately positioned at their current location on Industrial Drive. However, when that site or that service no longer exists, a community of 65,000 people will need a location for a towing operation. This site will accommodate that long-term need either as a leased or a city-operated facility. 0 Recycling: street sweepings. During the winter we put sand and salt down on the pavement for ice control and then in the spring we sweep it all up and dispose of it. Bloomington has a site large enough to accommodate a recycling operation to screen street sweepings so that the “clean” sand can be reused. This could be both a cost savings and an environmentally friendly long-term solution for our street sweepings. 0 Cold storage building. Eventually staff will request a cold storage building to house off-season equipment such as snow plows in the summer and mowers in the winter. We would anticipate that the facility would also include space to house police confiscated equipment such as bicycles that await disposal and/or auction. 0 Salthand storage building. As noted above, we have scattered our salt and sand storage in various locations around the community and this site would consolidate it for the future. However, regulations seem to be leaning towards requiring that salt be placed under permanent cover from an environmental standpoint. Aside from environmental issues, aesthetics and keeping the product dry for use are both considerations that will weigh into a decision for a sandsalt storage building. 0 HenneDin County truck facility. In years past, Hennepin County has expressed an iqterest in having satellite facilities throughout the County for their maintenance operation - snow plowing and road maintenance - due to their move approximately two years ago to Medina. There is no certainty that Hennepin County will be interested in this location, but if we could entice them to co-locate on the site; .we could dramatically improve the service level of County operations in our community. 4 FINANCING PLAN Lame evidence storage. In conjunction with a cold storage building, the Police Department has occasional need to store evidence relating to a crime. This often takes the form of an accident vehicle that needs to be maintained in an “untouched” condition until trial court disposition. Public Safety training facility. There has been considerable discussion with neighboring communities regarding a training facility for both fire and police. Although a site has been identified in Edina, this property would provide the unique opportunity to provide in-kind services toward development of a training facility that could actually reduce our out-of-pocket expenses when that project comes to fruition. PV storage. A possibility exists that the City could rent outside storage space for recreational vehicles. If we have a facility for residents, it may be possible to more strictly enforce our zoning codes as it relates to outside storage in residential areas. This could also be a revenue generator to offset costs of the site. Recycling center. The City of Plymouth utilizes part of their site to provide a drop off of recyclable materials. In order to support our recycling efforts, this may be a fbture use that could be considered for the site. The proposed method of payment for the site at a cost of $1,200,000 is as follows: Initial costs A. $400,000 from the line item in the five-year CIP was set aside as “seed” money for an B. $600,000 fiom the Utility Enterprise Fund. C. $250,000 transferred from the Pavement Management line item of the five-year CIP. City Council authorized a progressively increasing expenditure for pavement management from $500,000 in 2000 to $1,000,000 in 2005. However, the final decision on the 2000 allocation was made at a time that we were unable to perform enough preparation of streets to actually expend the funds for seal coating and overlay. As a result, we had planned to carry the balance over into 2001. However, staff recommends reallocation of a portion of the year 2000 funding to secure the site necessary for supporting the on-going maintenance operation. outside storage facility. If we are able to acquire the site, there will be future costs associated with developing it for its ultimate use. Future costs A. Denning;. In order to screen the site from the public, we would envision that a berm would be constructed around most (if not all) of the perimeter of the site. Although this would be expensive to perform by contract, we would envision that the work could be performed either by staff with rental equipment or through contractors desiring a site for disposal of marginal materials fiom projects in the community. Additionally, part of the berm could be constructed using street sweepings and materials taken fiom sump catch basins. Rental equipment might be estimated in the range of $25,000 to grade the site to create the beginning of a berm that could be added to with fill material as available. B. Fencins. At full utilization of the site, there will need to be security by way of fencing and gates. The fiontage along TH 212 is currently fenced, but it may be desirable to fence the entire site at a cost of $20,000 to $40,000. C. Landscapinq. In addition to the berming, it would be appropriate to screen the site utilizing landscaping in a fashion similar to expectations from developers. For budget purposes, we might expect $100,000 for landscaping over a several year period. D. Buildings. The cold storage building, salt/sand storage building and Public Safety training facility would all be judged on their own individual merit in the future. Although not quantified at this time, there are a number of “softer costs” savings that could be realized by acquiring the site. Cost savings ’0 Seized vehicle storage. At ai annual expenditure of $12,000, the present worth of that sum would be nearly $150,000. 0 Trucking and disposal costs. Currently, we have some sites available in the community for disposal of material. Notably, Loren Wuttke has allowed us to fill a site using sweepings and other miscellaneous clean fill. However, it is becoming more and more difficult to find sites and there will be a point when nothing will be available in the community. Through proper planning, we could gain a number of years for disposal by constructing some of the berms on the site utilizing clean waste material and avoid trucking costs and disposal fees. Currently the closest disposal site for construction debris is in Shakopee. 0 Recycling operation. We currently spend approximately $12,000 a year on sand for ice control in the winter. Although it would require an equipment investment, recycling half of that amount would be a benefit both for trucking and disposal as well as original purchase price. Salthand carryover. In past years when we have had an extensive salt and sand pile remaining in the spring, we have “given” the material to Charhassen and WOT in order to get rid of it, since we have no storage space available. The result was loss of material and the trucking time necessary to dispose of it. This site will afford the opportunity to cany over material from year to year. . 0 CONCLUSION Staff firmly believes that this site represents one of the last opportunities to provide the operation, maintenance and staging area necessary for City services. The site does not represent an increase in service, but rather enables the City to maintain our current service level into the future. We therefore recommend approval of the purchase agreement as presented. G:\ISSAUC#SU)O-5519- Outride Stwage SifeAcquisiUm\00-5519 Outdoor StWW Site AcquisiUon 11-07-00.doc b PURCHASE AGREEMENT THIS AGREEMENT is made as of , 2001, between WOODLM SANITARY SERVICE, INC., a Minnesota corporation (hereinafter referred to as "Seller") and CITY OF EDEN PRAIRTE, a municipal corporation (hereinafter referred to as "Buyer1'). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 17.21+/- acres, as legally described on Exhibit A and depicted on Exhibit B, together with all buildings and improvements, if any, constructed or located on the Land, and all easements and rights benefitting or appurtenant to the Land (collectively, the "Real Property"). Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this Agreement. Seller desires to sell the Real Property to Buyer, pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of 'which are hereby acknowledged, the parties agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller, (a) the Real Property; and (b) all records of Seller regarding ownership of the Real Property consisting of any current real estate tax statements and special assessment notices then in Seller's possession ("Records"). On or before ten (1 0) days following the date of this Agreement, Seller shall deliver to Buyer true and correct copies of all Records for Buyer's review and analysis. 2. Purchase Price. The total estimated purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be One Million Two Hundred Thousand and No/100 Dollars ($1,200,000.00). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Monev. $50,000.00 as earnest money ("Earnest Money") which Earnest Money shall be held by Old Republic National Title Insurance Company ("Escrow Agent") in an interest bearing escrow account, provided, however, that the fee for any such account shall be paid by Buyer, pursuant to the Escrow Agreement attached hereto as Exhibit D. C\WINDOWS\TEMP\MFOZ!.WPD Iuoe 14. zM)I 3.2 Closing: Payment. $1,150,000.00 in cash cIr by wire transfer of US. Federal Funds to be received by Seller on or before 2:OO p.m. local time on the Closing Date. 4. Contineencies. Buyer and Seller agree and understand that Buyer intends to develop and operate the Real Property as an outdoor storage facility, storage building(s), maintenance staging area, and public safety training facility (the "Proposed Use"). Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: 4.1 Reuresentations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by an authorized representative of Seller, certifLing that such representations and warranties are true asof the Closing Date (the "Bring-down Certificate"). . 4.2 Performance of Seller's Obligations. Seller shall have performed all of the material obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 4.3 Title. Title to the Real Property shall have been found acceptable to Title, or made acceptable, subject to and in accordance with the requirements and terms of Section 10 below on or before the Stbdard Contingency Date. 4.4 MPCA No-Action AmeementPhase I Environmental Assessment. Buyer shall have obtained, on or before the Standard Contingency Date, a No-Action Agreement, containing a Covenant Not To Sue, from the Voluntary Investigation and Cleanup Program within the Minnesota Pollution Control Agency (the "MPCA") in a form customarily issued by the MPCA with respect to any water supply well and ground water contamination disclosed in that Phase I Environmental Assessment, dated October 2000, as prepared for Seller by Wenck Associates, Inc., and bearing Wenck File #099 1-03 (the "Wenck Environmental Assessment"). Subject to Seller's review and approval thereof, Seller agi-ees to execute any application for a No-Action Agreement to be jointly executed and submitted by Seller and Buyer, and fwther agrees to reasonably cooperate with Buyer in the processing of such application with the MPCA; provided, however, that any and all preparation of such application, and other cooperation to be provided by Seller in accordance herewith shall be at Buyer's sole cost and expens e. C\WINWWS\TEMP\CYH)SLWPD Jun l4.2001 4.5 Testinq. Buyer shall have determined, on or before the Standard Contingency Date, that it is satisfied with the results of and matters disclosed by the Wenck Environmental Assessment (together with any supplements related thereto) and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Real Property, all such tests, inspections and reviews (except for the Wenck Environmental Assessment) to be obtained at Buyer's sole cost and expense. 4.6 Document Review. Buyer shall have determined, on or before the Standard Contingency Date, that it is satisfied with its review and analysis of the Records, the Permitted Encumbrances and the items described in Section 4.5 of this Agreement. 4.7 Roads. Buyer shall have determined, on or before the Standard Contingency Date, that access to and from public road systems necessary to adequately service Buyer's Proposed Use, including without limitation, median cuts, curb cuts, changes in road and changes in access points, will be permitted by the Minnesota Department of Transportation and that Buyer will have access thereto. 4.8 No Restriction on Use of Property. Buyer shall have determined, on or before the Standard Contingency Date, that there shall exist no condition relating to the Real Property, either on-site or off-site (including a moratorium), that is not within the sole control and responsibility of Buyer and which would result in any authority or agency delaying or denying permits necessary for the construction, use or occupancy of the improvements that Buyer intends to construct on the Property when application is made therefor. 4.9 No Adverse Action. There shall not exist on the Closing Date any lawsuit, governmental investigation (excluding any investigation by Buyer), or other proceeding (excluding any proceeding commenced by Buyer (except with respect to any matter involving this Agreement) challenging the transaction contemplated in this Purchase Agreement, or which might adversely affect the right of Buyer to own, develop, or use the Real Property after the Closing Date for Buyer's Intended Use thereof, nor shall any such action have been threatened or instituted. The "Standard Contingency Date" shall be the date which is sixty (60) days after this Agreement has been executed by Buyer (the date by which a contingency must be satisfied under this S ection 4). If any of the foregoing contingencies have not been satisfied on or before the applicable 4 Contingency Date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the applicable Contingency Date, shall identify the contingency to which such notice applies, and shall specify in reasonable detail Buyer's basis for determining that such contingency has not been satisfied. To the extent such notice of termination is not given by the Buyer to the Seller before the applicable Contingency Date, then such contingency shall be deemed waived by Buyer. Upon such termination (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, and (c) upon such return, (i) Buyer will have no further rights or interests in or to the Real Property, and (ii) neither party will have any Mer rights or obligations regarding this Agreement. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 5. Buyer's Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Property harmless from all costs, damages, injuries, and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the ''Closing") shall occur within fifteen (1 5) days following waiver or expiration of all Contingency . Dates (the "Closing Date"). The Closing shall take place at 1O:OO a.m. local time at the office of the Title in Minneapolis, Minnesota, or at such other place as may be agreed to between Buyer and Seller. Seller agrees to deliver possession of the Real Property to Buyer on the Closing Date. 7. Seller's Closing Documents. On the Closing Date, Seller shall execute andor deliver to Buyer the following (collectively, "Seller's Closing Documents"): 7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances. 7.2 Title Policv. The Policy described in Section 10 of this Agreement, or a suitably marked up Title Commitment for the Policy initialed by Title, in the form required by this Agreement. 7.3 Bring-down Certificate. The Bring-down Certificate. 7.4 Opinion of Seller's Counsel. An opinion of Seller's counsel, C\WINDOWS\TEhiP!MFOS!.WPD Julr II.2Ml /O dated as of the Closing Date, in form reasonably satisfactory to Buyer, that (a) Seller has been duly incorporated and is in good standing under the laws of the State of Minnesota; (b) Seller is duly qualified to transact business in the State of Minnesota; (c) Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it; (d) such documents have been duly authorized by all necessary corporate action on the part of Seller and have been duly executed and delivered; (e) the execution, delivery and performance by Seller of such documents do not conflict with or result in a violation of Seller's Articles of Incorporation or Bylaws or , to the actual knowledge of Seller's counsel, my judgment, order or decree of any court or arbiter to which Seller is a party; and (Q such documents are valid and binding obligations of Seller, enforceable in accordance with their terms (subject to applicable laws affecting or relating to creditor's rights, principals of equity,' and other customary exceptions). 7.5 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; (b) there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and to Seller's actual knowledge, (c) there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (UTA Form) which may be required by Title to issue the Policy described in Section 10 of this Agreement. 7.6 Original Documents. Original copies, or non-original copies to the extent original copies are not available, of the Records. 7.7 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations. 7.8 IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any, as required. 7.9 Other Documents. All other documents reasonably determined by Title to be necessary to transfer the Real Property to Buyer fiee and clear of all encumbrances, except the Permitted Encumbrances. 8. Buver's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): C\WINDOWSTEMPKSFOS!.WPD Jun 14.1WI 8.1 Purchase Price. The Purchase Price, by wie transfer of U.S. Federal Funds or by certified check to be received in Title's trust account on or before 2:OO p.m. local time on the Closing Date. 8.2 Opinion of Buyer's Counsel. An opinion of Buyer's counsel, dated as of the Closing Date, in form reasonably satisfactory to Seller, that (a) Buyer is a municipal corporation under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; (b) Buyer has the requisite municipal power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; (c) such documents have been duly authorized by all necessary municipal action on the part of Buyer and have been duly executed and delivered; (d) the execution, delivery and performance by Buyer of such documents do not conflict with or result in a violation of Buyer's enabling legislation or, to the actual knowledge of Buyer's counsel, any judgment, order or decree of any court or arbiter to which Buyer is &party; and (e) such documents are valid and binding obligations to Buyer, edorceable in accordance with their terms (subject to applicable laws affecting or relating to creditor's rights, principals of equity, and other customary exceptions). 8.3 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Policy. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 Title Insurance and Closing; Fee. Seller will pay all costs of the Title Evidence (excluding endorsements) described in Section 10 of this Agreement and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all costs of endorsements constituting Title Evidence described in Section 10 or otherwise requested by Buyer, if any, for the premium or cost of the Policy and all additional premiums required for the issuance of any mortgagee's title insurance policy required by Buyer. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title. , 9.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. Buyer shall pay all Mortgage Registry Tax regarding the recording of any Purchase Mortgage. C\WINWWSTEMP\CYFOS!.WPD Jvos 14.2w1 9.3 Sales Tax. Seller will pay all sales tax due, if any, regarding the transaction contemplated by this Agreement. 9.4 Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be adjusted as follows: 9.4.1 Current Year's Taxes. All real property taxes which have become a lien on the Real Property ("Taxes") and which are due and payable prior to the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which are due and payable in the year in which Closing occurs, shall be prorated to the Closing Date and Seller's portion shall be paid by Seller at Closing. This proration shall result in Seller's payment of Taxes fkom January 1 to the date immediately prior to the Closing Date and Buyer's payment of Taxes from the Date of Closing to December 3 1. 9.4.2 Assessments. All levied and pending assessments (general or special), whether arising out of or in connection with any assessment district created or confirmed prior to the Closing Date ("Assessments"), or otherwise, shall be assumed or paid by Buyer at Closing and Seller will have no obligation therefor. 9.4.3 Tax Amount Unknown. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of Taxes shall be made upon 1 10% of the most current estimate of such Taxes, assuming for estimating purposes that the Real Property will be fully assessed. Seller shall deposit such sum in escrow and all interest earnings on such deposit will be paid to Seller. Title will retain such deposit to pay Seller's share of the actual Taxes and shall pay any excess over to Seller. Seller will pay any deficiency when such general real estate taxes and installments of special assessments (including interest) payable therewith are known. 9.5 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. 9.6 Other Costs. All other operating costs of the Real Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable fkom and after the Closing Date. C\WWWWS\TEhlP\CYFO5!.WPD Jure 14.1001 r3 I 9.7 Attomevs' Fees. Each of the parties will pay its own attorneys' fees. 10. Title Examination. Title examination will be conducted as follows: 10.1 Seller's Title Evidence. Within 30 days after the date of this Agreement, Seller shall obtain and furnish to Buyer, or Buyer shall at Seller's request obtain and furnish to Buyer, all at Seller's cost and expense, the following (collectively, "Title Evidence"): 10.1.1 Title Insurance Commitment. A commitment ("Title commitment") for an UTA Form B 1992 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Old Republic National Title Insurance Company ("Title"). The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. 10.1.2 Survey. A survey (the "Survey'l) prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota and reasonably acceptable to Buyer (the "Survey1'). The Survey shall show the Real Property and the location of all buildings, improvements and easements located on the Real Property and shall be prepared in accordance with the requirements set forth on Exhibit C, and such other technical requirements as may be required by Title in order to allow Title to issue an owner's policy of title insurance with regard to the Real Property without any exception for survey matters other than such exceptions as may constitute Permitted Encumbrances. 10.1.3 UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by either said Secretary of State or by a search firm acceptable to Buyer. 10.1.4 Encumbrances. A copy of every document referenced as an exception to the title of the Real Property (including without limitation the Permitted Encumbrances) as described in the Title Commitment. C:\WINWWSLEMP\CYFOS!.WPD Juoe II.1001 10.2 Buver's Objections. Within 20 days after rsceiving the last of the Title Evidence, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer, or otherwise waived by Buyer pursuant to this Section 10.2 shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller, or Buyer acting on behalf of Seller at Buyer's sole cost and expense will have until ten (10) days prior to expiration of the Title Contingency Date to cure the Objections, during which period the Closing will be postponed as necessary. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right, but only with Sellers written consent, to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within ten (10) days prior to expiration of the Title Contingency Date, Buyer will have the option, to be exercised by written notice to Seller, on or before the Title Contingency Date, to do any of the following: 10.2.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 10.2.2 Escrow for Cure. Withhold from the Purchase Price, but only with the written consent of Seller, an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within 90 days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys' fees) against the escrowed amount, if any. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 10.2.3 Waiver. Waive the Objections and proceed to close without reduction of the Purchase Price and without any claim against the Seller with respect to such Objections so waived. 10.3 Title Policy. Seller will furnish, at Buyer's sole cost and expense, the Policy to Buyer at closing or a suitably marked up Title Commitment initialed by Title undertaking to issue the Policy in the form required by the Title Commitment as approved by Buyer. C\WINWWS\ThlP\MFOS!.WPD Ivnc 14. m1 f 15 11. Ooeration Prior to Closing. During the period fiom the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may not be unreasonably withheld by Buyer in its sole discretion. 12. "As Is" Purchase. Except for matters within the scope of representations and warranties by Seller set forth below in Section 13 and except for matters and facts otherwise known to or discovered by Buyer prior to the Closing Date relating to the Real Property, Buyer agrees and acknowledges that, the Real Property is being conveyed by Seller to Buyer in its "as is" and "where is" condition with all faults accepted. By closing on the purchase of the Real Property, Buyer shall be conclusively presumed to have investigated, studied, reviewed and inspected the Real Property, its condition and status, and all other matters which Buyer could have investigated, studied, reviewed and inspected concerning the Real Property. Except for matters within the scope of representations and warranties by Seller set forth below in Section 13, Buyer waives any claim or set-off against Seller, or any other person, related to the Real Property. The terms and provisions of this Section 12 shall survive any closing on the sales of the Real Property by Seller to Buyer. 13. as follows: Representations and Warranties by Seller. Seller represents and warrants to Buyer 13.1 Corporation: Authority. Seller (a) is duly incorporated and is in good standing under the laws of the State of Minnesota, and (b) has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it. Such documents have been (or will have been) duly authorized by all necessary corporate action on the part of the Seller and have been (or will have been) duly executed and delivered. Such execution, delivery and performance by Seller of such documents does not (and will not) conflict with or result in a violation of Seller's Articles of Incorporation or Bylaws, to the actual knowledge of Seller, or any judgment, order, or decree of any court or arbiter to which Seller is a party. Such documents are (and will be) valid and binding obligations of Seller, and are enforceable in accordance with their terms (subject to applicable laws affecting or relating to creditor's rights, principals of equity, and other customary exceptions). 13.2 Title to Real Property. Seller owns the Real Property subject to such defects and encumbrances as may be of record as of the date of this Agreement, and shall, as of the Closing Date and prior to conveyance to Seller, own the Real Property free and clear of all encumbrances except the Permitted Encumbrances. 13.3 Leases. There are, to the best of Seller's actual knowledge and belief, no leases or possessory rights of others regarding the Real Property. 13.4 Contracts. To the best of Seller's actual knowledge and belief, Seller has no interest in any service or maintenance contracts, equipment leases or other contracts regarding the Real Property. 13.5 Environmental Laws. To the best of Seller's actual knowledge and belief, and except as may be otherwise disclosed or provided in the Wenck Environmental Assessment, together with any supplements, amendments or document lists identified therein or related thereto, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (I'CERCLA''), 42 U.S.C. 0 9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Real Property nor has any activity been undertaken on the Real Property that would cause or contribute to (a) the Real Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. 0 6901 et sea_., or any similar state law or local ordinance, (b) a releaseor threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Real Property within the meaning of, or otherwise bring the Real Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (c) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. 0 1251 et seq., or the Clean Air Act, 42 U.S.C. 0 7401 et sea_., or any similar state law or local ordinance. To the best of Seller's actual knowledge and belief, and except as may be otherwise disclosed or provided in the Wenck Environmental Assessment, there are no substances or conditions in or on the Real Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, I2\WINWWnTEMP\CYFll5!.WPD June 14.2Ml regulations, ordinances or other environmental regulatmy requirements, including without limitation, the Minnesota Environmental Response and Liability Act, Minn. Stat. 115B (%iERLA't) and the Minnesota Petroleum Tank Release Cleanup Act, Mh. Stat. 115C. To the best of Seller's actual knowledge and belief, and except as may be otherwise disclosed or provided in the Wenck Environmental Assessment, no above ground or underground tanks, are located in or about the Real Property or have been located under, in or about the Real Property and have subsequently been removed or filled. 13.6 Rights of Others to Purchase Real Property. Seller has not entered into any other contracts for the sale of the Real Property, nor, to the best of Seller's actual knowledge and belief, are there any rights of first refusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. 13.7 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate'' as those terms are defined in Section 1445 of the Internal Revenue Code. 13.8 Proceedings. To the best of Seller's actual knowledge and belief, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Real Property. 13.9 Agents and Employees. To the best of Seller's actual knowledge and belief, there are no claims for brokerage commission or other payments with respect to the existing Real Property, including leases which will survive and remain unpaid after the Closing Date. The phrase, "To the best of Seller's actual knowledge and belief' shall be defined and limited to the actual knowledge of Paul Rosland or Charles Wegner. As additional representations and warranties to Buyer, Seller states that: Messrs. Rosland and Wegner have acted with due diligence with respect to the prerequisite actions relating to the representations and warranties; and that no one in Seller's organization has better knowledge or information relating to or concerning the matters herein except for Messrs. Rosland and Wegner. Each of the representations and warranties herein contained shall survive the Closing, and shall continue in effect only for period through and including two (2) years from and after the Closing Date (the "Wananty Termination Date"), after which Warranty Termination Date each and every such representation and warranty shall automatically expire and terminate in its and their entirety. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless fkom, any expenses or actual damages, including reasonable attorneys' fees, but excluding consequential damages, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing; provided, however, and notwithstanding the foregoing, Seller shall have no liability or obligation to Buyer hereunder or otherwise for any such breach unless Buyer delivers to Seller, on or before the Warranty Termination Date, written notice of such breach, specifying therein and in reasonable detail the representation or warranty so breached and the nature and circumstances thereof. 14. Representations and Warranties by Buver. Buyer represents and warrants to Seller that Buyer is a municipal corporation under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite municipal power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary municipal action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of enabling legislation or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Consummation of this Agreement by Seller with knowledge of any breach of such warranties and representations by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. Each of the representations and warranties herein contained shall survive the Closing. Consummation of this Agreement by Seller with knowledge of any breach of such representations and warranties by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 15. Damage. If, prior to the Closing Date, all or any material part of the Real Property is substantially damaged by fire, casualty, the elements or any other cause, so as to substantially render the Real Property unusable or Buyer's Proposed Use, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within 30 days after Seller's notice), this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damages, or if the Real Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed, provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair, or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. 16. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced by a condemning authority other than Buyer against all or any material part of the Real Property so as to render the Real Property in Buyer's reasonable discretion musable for Buyer's Proposed Use, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised by written notice by Buyer to Seller within 30 days after the date of Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice or in the case of condemnation of a non-material part of the Property which does not substantially render the Real Property in Buyer's reasonable discretion unusable for Buyer's Proposed Use. then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. If Buyer is the condemning authority, then Buyer shall have no right to terminate this Agreement but Seller shall have the option (to be exercised by written notice of termination by Seller to Buyer) to terminate this Agreement. If Seller does not terminate this Agreement,(i) Seller and Buyer hereby stipulate and agree that the Purchase Price represents the fair market value for the Real Property and shall be deemed to constitute, exclusive of any relocation damages to which Seller may be entitled, Sellers's damages resulting from the taking, (ii) Buyer and Seller will each remain obligated to perform in accordance with the terms and conditions of this Agreement; and (iii) Seller shall assign to Buyer at the Closing Date all of Seller's rights, title and interest in and to any award made or to be made in the condemnation proceedings. 17. Broker's Commission . If the transaction contemplated by this Agreement is consummated in the time and manner required by this Agreement, Seller shall pay a brokerage commission to CB Richard Ellis, Inc. and Thomas A. Lelich as the sole real estate brokerage commission regarding this transaction. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 18. Mutual Indemnification. Subject to the limitations of Seller's indemnification set forth below, Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership, including a party's predecessors, successor or assigns in interest. Such rights of indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the ownership( including such party's predecessors, successors or assigns), act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, C\W!NWW~TEMP\CS(F!.WPD Jw 14.2001 the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery andor right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. In addition to the foregoing and for the duration of Buyer's ownership of the Real Property, Seller shall indemnify and hold Buyer harmless from all liabilities (including reasonable attorneys fees in defending against claims) relating to any claim or action of a governmental agency (other than Buyer) requiring remediation or cleanup of any material, hazardous substance, waste, pollutant or contaminant located in or on the Real Property as disclosed in the Wenck Environmental Assessment. It is expressly understood and acknowledged by Buyer that Seller's obligation of indemnification herein shall extend to or otherwise cover any claim, cost or expense relating to: a. any material, hazardous substance, waste, pollutant, or contaminant located in or on the Real Property associated with Flying Cloud mort or otherwise not associated with or resulting fiom landfill and related business operations to the east and south of the Real Property that Seller or its affiliates has conducted in the past; b. extraordinary or remedial construction costs, expenses, engineering or methods required to be utilized or employed by Buyer, its contractors, agents or employees as a result of possible contamination of groundwater or contaminated soils located within the Real Property; or c. any claim, cost or expense incurred by any subsequent transferee or lien holder of the Property, as this indemnification only extends to Buyer for the duration of Buyer's ownership of the Real Property. d 19. Assiment. Either party may assign its rights under this Agreement before or after Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 20. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. 21. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering it personally to an officer of Buyer; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or transmitted by facsimile, a copy followed by mail notice as above required; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: C;\WINDOWS\TEMP\CSIFOS!.WPD June l4.2wI Ifto Seller: With a copy to: If to Buyer: With a copy to: BFI Waste Systems of North America, Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 Attention: Paul Rosland, District Manager Facsimile: 952-946-5320 James R. Walston Rider, Bennett, Egan and Arundel, LLP 333 South Seventh Street, Suite 2000 . Minneapolis, MN 55402 Facsimile: 612-340-7900 City of Eden Prairie Attention: Eugene A. Dietz 808.0 Mitchell Road Eden Prairie, MN 55344-2230 Facsimile: 6 12-949-83 83 Richard F. Rosow Lang, Pauly, Gregerson & Rosow, Ltd. 1600 IBM Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Facsimile: 612-349-671 8 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 22. Cautions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 23. Entire Ameement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. C\WINDOWSTEMAMFOS!.WPD lunc 14.2WwI 24. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 25. Controlling: Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 26. Remedies. 26.1 If Buyer defaults under this Agreement, Seller shall have the right to exercise its remedies set forth below by giving written notice of such election to Buyer, which notice shall specify the default. If Buyer fails to cure such default within ten (10) days of the date of such notice, Seller may at its option either (a) terminate this Agreement or (b) seek specific performance by Buyer of Buyer's obligations under this Agreement. In the event of termination of this Agreement Seller may obtain and retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement, or specific performance of this Agreement, will be the sole remedies available to Seller for such default by Buyer, and, except for Buyer's retention of the Earnest Money, as aforesaid, Buyer will not be liable for damages. 26.2 If Seller defaults under this Agreement, Buyer shall have the right to exercise its remedies set forth below by giving written notice of such election to Seller, which notice shall specify the default. If Seller fails to cure such default within ten (10) days of the date of such notice, Buyer may at its option either (a) recover Buyer's actual out-of-pocket expenses in an amount not exceeding $50,000.00 or (b) seek specific performance by Seller of Seller's obligations under this Agreement. Buyer shall have no right to seek damages from Seller for Seller's defaults hereunder, or for Buyer's loss of its bargain in failing to acquire the Property. C\WINDOWS\TEMP\CS(MS!.WPD JYK I4.2wI 63 IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: WOODLAKE SANITARY SERVICE, INC. CITY OF EDEN PRAIRIE BY BY Its Its Mayor BY Its City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. This instrument was acknowledged before me on the day of , 2001, by Jean Harris the Mayor and Christopher Enger, the City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. - Notary Public C\WINDOW5lTEMP\MF!.WPD lvnc 14, ZWl STATE OF ) COUNTY OF 1 ) ss. This instrument was acknowledged before me on the - day of , 2001, by the of Woodlake Sanitary Service, Inc., on behalf of the corporation. G\WINM)WSTEhlP\C%FO5!.WPD Jvnc 14.2MI - Notary Public EXHIBIT A Lepal Description of the Land (Insert 3-page Legal Description) EXHIBIT B Site Drawin9 C\WINWWSTEMPICSIF!.WPD Ivnc 14,2Wl EXHIBIT C Survev Reuuirements 1. Show the Following: 1.1 DueNorth. 1.2 Exact boundary lines, boundary line dimensions, and boundary line angles or bearings. 1.3 Streets andor alleys adjacent to Property; street names and/or Federal, State or County highway number; distance of streets and/or alleys firom boundary lines; dimensions of streets andor alleys, sidewalks, boulevards, etc. 1.4 Curb Cuts and medians. 2. Locate the Following on the Property and 25 Feet Beyond the Boundary Lines: 2.1 Buildings, basements, tanks, large trees, poles, hydrants, cisterns, wells, islands, curbs, (shoot top of concrete) or any other obstruction on the Property that may affect construction. 2.2 Water, sanitary sewer, storm sewer, gas, telephone, cable television, electrical, or other utility lines or conduits and their connections; catch basins; manholes; shut-off valves, power poles, etc. 2.3 Bodies of water upon or flowing through the Property. 3. Determine the Following for the Property: I 3.1 Exact legal description. 3.2 The number of square feet (and/or acres) measured within the boundary lines, excluding roadways, easements and rights-of-way (computed to the nearest square foot and/or hundredth of an acre). 3.3 3.4 3.5 All easements, physically visible andor of record, if any. Direct, legal access fkom public roads. Flood plain, wetland or similarly restricted area(s) affecting the . Property. 4. Show the Elevations on the Property: 4.1 4.2 4.3 Elevations at each corner only, no contours. Centerline, curb and gutter of roadways surrounding Property. Manholes, utility covers, castings, catch basins; utility inverts C\WNWWSTEhiFXSFOS!.WPD lune 14. ZWI and, if applicable, flow elevations and direction. 4.4 Locate and describe benchmark. * NOTES: A. The following survey certification must be included on survey (include name of corporation purchasing property, name of corporation providing Title Insurance, and legal description). B. thirty-six inch (36") long steel corner stakes. Monument boundary corners with one inch (1") diameter, C. The survey is to be drawn to scale of 1 inch = 20 feet if possible. Otherwise, increase scale to get entire drawing on one 24" x 36" sheet. I hereby certify to City of Eden Prairie and Old Republic National Title Insurance Company that this is a true and correct survey of (legal descriDtion) and correctly shows the location of all easements of record; all buildings, structures, and improvements on said described property; that there are no visible encroachments onto adjoining properties, streets, or alleys by any of said buildings, structures, or improvements; that there are no visible rights-of-way or easements on said described property other than shown thereon; that there are no party walls or visible encroachments on said described property by buildings, structures, or other improvements situated on adjoining property except as shown on said plat of survey. EXRIBIT D ESCROW AGREEMENT This Escrow Agreement is made and entered into effective this day of ,2001 by and among Woodlake Sanitary Service, Inc. ("Seller"), City of Eden Prairie, a Minnesota municipal corporation("Buyer"), and Old Republic National Title Insurance Company ("Escrow Agent"). RECITALS: 1. Buyer and Seller have entered into a Purchase Agreement dated effective (the "Purchase Agreement"). 2. The Purchase Agreement provides for an escrow by Buyer of Fifty Thousand and no/ 100 Dollars ($50,000.00) (the "Earnest Money Funds"), which are to be held by the Escrow Agent in an interest-bearing escrow account pending closing on or termination of the Purchase Agreement. 3. The parties hereto wish to set forth their agreement as to the handling of the Earnest Money Funds. NOW, THEREFORE, in consideration of the covenants and conditions contained herein and in the Purchase Agreement, Seller, Buyer, and Escrow Agent hereby agree as follows: 1. DeDosit of Earnest Monev Funds. Promptly upon execution of this Escrow Agreement, the Buyer shall deposit with the Escrow Agent the sum of Fifty Thousand and no/lOO Dollars ($50,000.00).Escrow Agent agrees to accept, receive, hold in trust, and disburse the Earnest Money Funds pursuant to the terms of this Escrow Agreement. The interest earned on the Earnest Money Funds shall belong to the Buyer, unless the Earnest Money Funds are paid to the Seller pursuant to the terms of the Purchase Agreement. 2. Pav-Out of Earnest Monev Funds. The Seller and Buyer agree that paragraphs 3.1 and 26 of the Purchase Agreement (a copy of which has been provided to the Escrow Agent) shall govern the pay-out of the Earnest Money Funds. Release of the Earnest Money Funds shall occur ten (10) days after the Escrow Agent receives a written demand for release fiom a party, accompanied by an affidavit of an officer of the party representing that a copy of the demand has been delivered to the other party and representing the facts which entitle the party to payment of the Earnest Money Funds under the Purchase Agreement. The Escrow Agent shall release the funds to the party demanding release, unless the Escrow Agent shall receive a written objection f?om the other party within the ten (10) day period. In the event of such objection, the parties shall promptly refer the matter to arbitration and the Escrow Agent shall make payment of the Earnest Money Funds based upon the determination of the arbitrator. The arbitration shall be held in Minneapolis, Minnesota. Within fifteen (15) days of the commencement of arbitration by notice eom one party to the other, the parties shall each submit to the other a list of five (5) proposed arbitrators, each of which is a retired State or Federal judge or attorney who has practiced business law for at least ten (10) years and who has not had any legal or business relationship with the party proposing his or her participation. If the parties are unable to or fail to agree upon an arbitrator within thirty (30) days of delivery of the initial notice of arbitration, either party may request that the Chief Judge of the District Court for the Fourth Judicial District of Minnesota designate the arbitrator. Arbitration shall be conducted pursuant to the provisions of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association. Each party shall pay its own attorneys' fees and costs in any such arbitration proceeding and the costs of arbitration shall be equally divided between the parties. The parties shall use their best efforts to expedite the completion of arbitration. 3. Successor Escrow AFent. If the Earnest Money Funds have not been paid out by October 1,2001the Escrow Agent may resign upon thirty (30) days' written notice to Seller and Buyer and upon the effective date of such resignation, the Earnest Money Funds, if any, shall be delivered to a successor escrow agent. If a successor escrow agent is not appointed by mutual agreement of Seller and Buyer within the thirty (30) day period following the Escrow Agent's notice, Escrow Agent may petition a court of competent jurisdiction to name a successor. The cost of such action shall be paid one-half (%) by Seller and one-half (%) by Buyer. 4. Liability of Old Republic National Title Insurance ComDanv. The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice, consent, order, or other document believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on Escrow Agent's part. Escrow Agent may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Buyer and Seller hereby acknowledge such fact and indemnify and hold l2\WINWWS\TEhlRMFOS!.WPD lux 14. mi @ 31 harmless Escrow Agent fiom any action taken by it in good faith in reliance thereon. Escrow Agent shall have no duty or liability to vee any such notice, consent, order, or other document, and its sole responsibility shall be to act as expressly set forth in this Escrow Agreement. Escrow Agent shall be under no obligation to institute or defend any action, suit, or proceeding in connection with this Escrow Agreement. The parties hereto hereby indemnifL and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. 5. Escrow Account Expenses.. The Seller shall pay all costs of maintaining the escrow account. C\WINDOWS\TEMAMFOS!.WPD lvoc 14,2001 IN WITNESS WHEREOF, the Seller, Buyer, and Escrow Agent hereto have caused this Escrow Agreement to be executed effective the date first above written. SELLER WOODLAKE SANITARY SERVICE, INC. BUYER: CITY OF EDEN PRAIRIE BY Its Its Mayor BY Its City Manager ESCROW AGENT: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Its - JUN-19-2001 TUE 08:20 A14 DOUGHERTY & COMPANY FAX NO, 6126730584 PI 02 DOUGHEKTU .. _,.____-- -..---. & __--.. - COMPANY . - .__--.- LLC ~NVESTMENT BANKERS Mr. Donald R-'Urarn Coinmunity Dovelqmeiit and Financid Services Director City of Edeu Prdrio 8080 Mitchell Road Edcii Pdrie, Minnesota 55344 June 19,2001 By Pacsimile: 952-949-8383 IE: City orEden Prairie, Minnesola $14,905,000 Multifamily Housing Refunding Bonds, Series 200 I (Park at City West Projcct) Dear Mr. Uram: The boiid applicant respectfully requests that thc City of Eden Prairie hold over thc public hearing for thc above referenced projcct for Seven weeks, until August 7,2001, bemuse tlc Bnancing nn.migcincnts need io be put in final order, Becslusc thc Ihnncing rcquircs a public hcming, we also rcspccifdly request that thc City Council mounce at the lunc 19,2001 meeting that the public hearing and find rcsolution is being lrcld over until the meeting on August 7,2001 so that rc-publication of thc iiolice is not ncccssaty, TIiaiik you for your coaperutioii in this matter, Vcry truly yours, Dougherty & Company LLC Ry: Wdtcr C. Parkins Senior Vice President CC: Richard W, Rosow, Dsq. FOX; 612-338-0755