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HomeMy WebLinkAboutCity Council - 08/17/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 17,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2005 BUDGET DISCUSSION Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 17, 2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION • IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. CENTERPOINT/MINNEGASCO PRESENTATION VI. DISTINGUISHED BUDGET PRESENTATION AWARD VII. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 3,2004 (p. 1) VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 9) B. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard Homes. 2nd Reading for Planned Unit Development District Review and Zoning District Amendment in the RM6.5 District on 6.74 acres and Site Plan Review on 6.74 acres. Location Rolling Hills Road and Prairie Lakes Drive. (Ordinance for PUD District Review and Zoning Amendment,Resolution for Site Plan Change) (p. 10) C. EDENVALE HIGHLANDS by BC Development, LLC. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 10.62 acres. Location: East terminus of Alpine Trail, south of the Twin Cities and Western Railroad. (Ordinance for Zoning District Change) (p. 26) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF HARTFORD COMMONS 2N0 ADDITION (p. 61) CITY COUNCIL AGENDA August 17,2004 Page 2 E. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDENVALE HIGHLANDS (p. 64) F. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACEMENT OF FILL AT 6891 BEACH ROAD (p. 67) G. PATTERSON PROPERTY by Dave Patterson. Request for Approval of Development Agreement. Location: 15340 Sunrise Circle West. (p. 69) H. ADOPT RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENT,I.C. 03-5606 (p. 83) I. AWARD CONTRACT FOR AERIAL TRUCK EQUIPMENT REPLACEMENT (p. 85) J. APPROVE AGREEMENT WITH AVI SYSTEMS FOR NEW CAMERAS AND MICROPHONES FOR THE COUNCIL CHAMBER (p. 86) K ADOPT RESOLUTION AMENDING RESOLUTION NO. 2003-172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES.(p. 93) L. DESIGNATION OF EDEN PRAIRIE AS WAFTA LEAD AGENCY AND APPROVE SUBMITTAL OF FEDERAL EDA GRANT APPLICATION (p. 95) M. APPROVE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MAINTENANCE AND MONITORING OF SMITH DOUGLAS MORE HOUSE RAINWATER GARDEN,I.C. 03-5595 (p. 105) N. APPROVE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF AUTOMATION AND CONTROL SYSTEMS FOR THE WATER UTILITY (p. 113) O. APPROVE PURCHASE OF THREE NEW TOP MOUNT RESCUE PUMPERS FROM E-ONE MANUFACTURING (p. 116) P. APPROVE LICENSE AGREEMENT FOR REAL LIFE COOPERATIVE GARDEN PLOTS ON CITY PROPERTY (p. 117) IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS (p. 122) CITY COUNCIL AGENDA August 17,2004 Page 3 B. VACATION OF DRAINAGE AND UTILITY EASEMENT IN HILLCREST COURT SECOND ADDITION,VACATION 04-08 (Resolution) (p. 138) X. PAYMENT OF CLAIMS (p. 142) XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.45 REGARDING FLOODPLAIN REGULATIONS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (p. 152) XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT vii . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 3,2004 8:00 PM, EDEN PRAIRIE CENTER HOUSING & HUMAN SERVICES OFFICE CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Lorene McWaters I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 8:10 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Tyra-Lukens added a discussion topic under XIII. A. and Councilmember Mosman added a discussion topic under XIII. A. MOTION: Young moved, seconded by Mosman,to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 20,2004 MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City Council Workshop held Tuesday, July 20, 2004. Motion carried 4-0 with Butcher abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 20,2004 MOTION: Mosman moved, seconded by Young, to approve the Minutes of the City Council Meeting held Tuesday, July 20, 2004. Motion carried 4-0 with Butcher abstaining. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES August 3,2004 Page 2 B. AWARD CONTRACT FOR WATER FILL STATION IMPROVEMENTS AT THE WATER TREATMENT PLANT TO MAGNEY CONSTRUCTION, I.C. 01-5527 C. ADOPT RESOLUTION NO.2004-118 AUTHORIZING ISSUANCE AND SALE OF$8,000,000 MULTIFAMILY HOUSING DEVELOPMENT REVENUE NOTE OF 2004 FOR BROADMOOR APARTMENTS PROJECT D. ADOPT RESOLUTION NO.2004-119 APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2004 PRIMARY AND GENERAL ELECTION E. APPROVE SELECTION OF SHORT ELLIOT HENDRICKSON,INC., AS THE DESIGN FIRM FOR FIRE STATION 4 MOTION: Butcher moved, seconded by Case,to approve Items A-E of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting` aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Metro Bus Service to the State Fair—Mayor Tvra-Lukens Tyra-Lukens reported that there is not enough parking at the transit site for people wishing to ride the bus to the State Fair. Arrangements have been made for buses to run from the south side of Eden Prairie Center to the fairgrounds. Roundtrip fair will be three dollars. a- CITY COUNCIL MINUTES August 3,2004 Page 3 2. National Night Out—Councilmember Mosman Mosman said she and the other Councilmembers attended National Night Out events earlier in the evening. Mosman said the popularity of the event in Eden Prairie is continuing to grow. Her understanding is that there were more than 70 registered groups participating this year,compared to about 59 groups last year. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR City Manager Scott Neal said the Miller Park Softball Field Building and Community Center improvements were not listed on the Consent Agenda to allow staff to provide details of the projects and allow for discussion of these requests for improvements despite the defeat of the May referendum. 1. Girls Athletic Association -Storage/Concession/Restroom Facility at Miller Park Softball Fields Parks and Recreation Director Bob Lambert said when Miller Park was built in the late 80s,the City felt it could not afford to construct the seven proposed park buildings. At that time,the City said it would construct the facilities one at a time as budgets permitted. Lambert said virtually all of the athletic associations requested their respective buildings be built right away. The City told the associations that if they could provide matching funds,they would consider going forward with the projects. The Men's Baseball Association came to the City with 40%of the funds required to build their facility. The plan was approved by Council, and the building was constructed. Since then,the assumption has been that associations are expected to provide 40 percent of the funds necessary to construct facilities. Lambert noted that the Girls' Softball Association is small in comparison to some of the other associations. They expressed concern that they would not be able to raise 40 percent of the funds to construct a facility. Lambert suggested that they collect as much money as they could and come back to him with a proposal. The association was able to raise $50,000 toward a building and proposed a design that included a shade structure, restrooms, storage space,and concessions area. This proposed building was included in the referendum that was defeated in May. Lambert said the association has now come back to the City with a new plan that eliminates the shade structure,but includes the restroom, storage space,and concessions features. The Parks and Recreation Commission supports the design of the building,which is estimated to cost around$420,000. Lambert said$350,000 was set aside for this building in the CIP four years ago. He 3 CITY COUNCIL MINUTES August 3,2004 Page 4 added that it is not surprising that the proposed building is estimated to cost an additional$70,000 since the original estimate is made before a design is developed. Lambert said he feels the Girls Softball Association deserves this facility, and that it is a facility that will serve them and the City well. The Parks and Recreation Commission voted to support this proposal on a 9-0 vote. Staff also supports the design,which they feel complements existing Miller Park structures. Councilmember Case asked if there is any way of building a facility of this type to support multiple uses rather than for just one association. Lambert said this particular building will be located in the pinwheel of fields that are used 99 percent of the time by the Girls Softball Association. The only other use he is aware of for these fields is for boys' under-12 tournaments a couple of times a year. Lambert said it does not work to share concessions areas because each association must buy and store its own products and they are trained in specific use of their equipment. Councilmember Butcher asked about the expected life of this type of building. Lambert said it is 40 to 50 years. Butcher also asked whether or not the association would assist in maintenance of the building. Lambert said they will be responsible only for cleaning of the concessions area. Butcher asked for clarification of what funds, in addition to the $50,000 association contribution,would pay for the building. Lambert said park dedication funds will be used. MOTION: Councilmember Mosman moved, seconded by Butcher,to approve the concept design and funds for construction of the storage/concession/ restroom facility at Miller Park Softball Fields. Motion carried 5-0. 2. Proposed Improvements to Community Center Lambert noted that these proposed improvements for a total of$70,000 include $30,000 that was already budgeted for the Community Center this year. Lambert said that when Rink 1 went down due to failure of the ice system, staff saw this as an opportunity to make some significant improvements to the Community Center. Funds raised from rental of parking spaces to high school students during the regular school year will be used for these improvements. Lambert said these relatively inexpensive improvements will vastly improve the efficiency of the facility, and when Rink 1 reopens,users will come back to a much improved facility. Team rooms 1 and 2 are currently too small to accommodate a hockey team. Conversion of these rooms one large team room in Rink 1 will help alleviate crowding. Relocating skate rental and blade sharpening from Rink Two to Rink One will improve access to these services and allow for more efficient staffing. Conversion of meeting rooms A and B and racquetball court 1 into a new fitness y CITY COUNCIL MINUTES August 3,2004 Page 5 center will result in expansion of the fitness area from 900 s.f. to 2000 s.f. Lambert said last time improvements were made to the fitness center, membership increased by 150 members. He said doubling the size of the fitness center now will result in at least as many new memberships, if not more. He noted that a survey conducted this spring indicated that 89 percent of Community Center members come for the physical fitness benefits. The new Arcade Room will serve as a safe place for siblings to play while another child in the family is skating or swimming. The area will be monitored by cameras, so it is not expected to require additional staffing. It is expected that the games in this area will bring in additional revenue. Current fees for community center memberships are $130 for an individual and$240 for a family. Lambert said he does not expect to raise these rates as a result of the proposed improvements. The Parks and Recreation Commission supported the proposed improvements by a 9-0 vote at their August 2 meeting. Councilmember Mosman said the improvements sound like a good idea. Councilmember Case said he appreciated Neal's and Lambert's comments about the referendum earlier in the meeting. Case said he would like staff to write a commentary for the newspaper explaining what the defeat of the referendum means in terms of City spending on parks and recreation projects. He said the commentary would need to be sensitive to voters' feelings, and should clearly explain how the Council goes about making decisions on spending in light of the defeat of the referendum. Lambert agreed with Case, and noted that Parks and Recreation Commission Chair Rob Barrett made a similar point at their commission meeting. Lambert said it is important to remember that many of the items on the referendum would have been partly funded by CIP funds. He said the residents said no to $22.5 million referendum, but that does not mean no item on the referendum will ever be done. He agreed that an article on this topic would be timely. Councilmember Young said he agreed with some of what Case said; however, he said an article of this type could also be a lightning rod. If the City decides to do this type of spending,it is important to issue some type of official statement. Councilmember Butcher said she has absolutely no qualms about approving the improvements on this list tonight. She said these improvements address issues that have been out there for a long time. MOTION: Butcher moved, seconded by Case,to approve the proposed improvements to the Community Center as indicated in the remodeling plans prepared by Delano Erickson Architects at an estimated cost of$50,000, and an additional $20,000 for new fitness equipment for a total expenditure on improvements at the Community Center of$70,000. Motion carried 5-0. 5 CITY COUNCIL MINUTES August 3,2004 Page 6 3. Referendum Survey Lambert said four members of the Parks and Recreation Commission, two Councilmembers and staff met with representatives from Marketline Research on July 22 to discuss revisions to the draft survey. As a result, the survey was scaled back and portions were reworded. The new draft survey was discussed at the Parks and Recreation Commission meeting on August 2. Lambert said they were supportive of the new version with a few minor exceptions. The Commission discussed whether or not questions 11 and 12 should be combined; however they did not make a final recommendation on this item. After question 11,the interviewer should skip to question 13 instead of question 14. The Commission suggested rewording question 17 to say, " . . . which of these did you support in the last referendum?" Question 20 should be asked regardless of the answer to question 17h. Lambert said the commissioners also feel it is important to find out what level of dollars people will tolerate for parks and recreation improvements, as the school district did in their survey. If the City knows the level of spending tolerance, they can look at setting realistic priorities. Mayor Tyra-Lukens said it sounds like the survey will be helpful information. She said it was her understanding that only people who voted in the referendum would be surveyed, so she wondered why the survey asks whether or not the person voted. Lambert said that although the City has phone numbers for households that voted, it is possible that the person who answers the phone is not the individual who actually voted. Tyra-Lukens also wanted to know why the survey includes questions about the school referendum. Lambert said they need to know how many people, if any, voted no because they didn't know how much the schools would be asking for on their referendum. He said the City does not in any way want to negatively impact the school referendum by asking these questions. Scott Neal noted that he sent the proposed questions about the school referendum to Superintendent Melissa Krull for review. She in turn received input from the School District's survey consultant and made suggestions that will be incorporated into the City's survey. Councilmember Butcher said she is not comfortable with this piece. She said it could raise questions in the public's mind of how closely the City and Schools are working to raise taxes. She would like to eliminate any perception that the City and Schools are "in cahoots." Neal said that in a way they are "in cahoots," only in a good, collaborative way. Mosman said she doesn't have a problem with these questions. She has heard from people who said they voted "no" on the referendum because of the upcoming school referendum. She thinks the City needs to have this information. Lambert said the information from the survey will be useful to both the City and the School District in determining how far apart they need to hold referendums in the future. Butcher said we already intuitively know running two referenda close together will have CITY COUNCIL MINUTES August 3,2004 Page 7 an impact, and she is still worried about the public getting the wrong perception from these questions. Councilmember Young asked how much the survey will cost. Lambert said the cost is$12,000. Young said he generally feels surveys can be useful tools. However,he is concerned that in the year and a half he has served on Council, the results of two surveys have been called into question by others on the Council. Therefore,he is less willing to support this survey. MOTION: Case moved, seconded by Mosman,to approve the Draft Referendum Analysis Survey. Motion carried 4-1 with Young opposed. Lambert asked for clarification on the Council's decision on the school questions on the survey. Tyra-Lukens said she had no objections,other than that the transition seemed somewhat abrupt. Neal noted that Superintendent Krull's revisions have not yet been incorporated. Neal also recommended leaving the questions in. Butcher said her reservations were not serious enough to prevent her from voting for the motion. Tyra-Lukens asked that the final revisions be e-mailed to Councilmembers. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Construction Contract for TH 212/Prairie Center Drive Intersection Improvement Project Public Works Director Gene Dietz said five sealed bids were received for this project,with the low bid of$1,765,534.15 coming in 11 percent over the engineer's estimate. Due to the high bids and tight construction schedule, staff is recommending the bids be rejected and the project be re-bid for a spring 2005 construction start. Dietz said staff initially intended to award this contract on June 1,but the approval process took longer than anticipated. Since all five bids received were over estimate,Dietz said he does not feel it is worth pushing the project forward this year. MOTION: Mosman moved, seconded by Butcher,to reject bids for the TH 212/Prairie Center Drive Intersection Improvement Project,I.C.,#01-5527. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF II. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES August 3,2004 Page 8 XIV. OTHER BUSINESS Scott Neal said Council and staff were happy to welcome everyone to this"field" Council Meeting at the City's new Housing and Human Services office at Eden Prairie Center. He said staff had been working on getting this space up and running since the mall was remodeled a couple of years ago,and they are very pleased with the new space. XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:52 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. A. Christy Weigel, Police/C.O.P. Clerk's License Application List Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Costco Wholesale Corporation DBA: Costco Wholesale#783 Temporary Liquor Organization: Rotary Club of Eden Prairie Event: Wine Tasting Date: October 9, 2004 Place: Flagship Athletic Club CITY COUNCIL AGENDA DATE: August 17,2004 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B. Michael D. Franzen, Hartford Commons PUD Community Development/ Amendment 2004 Planning Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment in the RM-6.5 District on 6.74 acres; and • Adopt the Resolution for Site Plan Review on 6.74 acres; and • Approve the Development Agreement for Hartford Commons PUD Amendment 2004; and • Approve and Authorize Issuance of a Grading Permit for Hartford Commons PUD Amendment 2004, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 20, 2004, as approved by the City Council. Synopsis This is for a PUD Amendment for 130 units. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary of Ordinance 2. Resolution for Site Plan Review 3. Development Agreement IC HARTFORD COMMONS PUD AMENDMENT 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-2004-PUD-13-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING 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: 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 amended within the RM-6.5 Zoning District 23-2004-PUD-13-2004(hereinafter "PUD-13-2004-RM-6.5). Section 3. The City Council hereby makes the following findings: A. PUD-13-2004-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-113-2004-RM-6.5 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-13-2004-RM-6.5 are justified by the design of the development described therein. D. PUD-13-2004-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 17,2004, entered into between Rottlund Company, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-13-2004-RM-6.5, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the RM-6.5 District and shall be included hereafter in the Planned Unit Development 13-2004-RM-6.5, 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 5. 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 6. 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 20th day of July, 2004, 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 17th day of August, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on 1� EXHIBIT A PUD Legal Description—Hartford Commons PUD Amendment 2004 Outlot E,Hartford Commons 13 HARTFORD COMMONS PUD AMENDMENT 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 23-2004-PUD-13-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 Rolling Hills Road and Prairie Lakes Drive, within the RM-6.5 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 Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on the . (A full copy of the text of this Ordinance is available from City Clerk.) 141 HARTFORD COMMONS PUD AMENDMENT 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HARTFORD COMMONS PUD AMENDMENT 2004 BY ROTTLUND COMPANY,INC. WHEREAS, Rottlund Company, Inc., has applied for Site Plan approval of Hartford Commons PUD Amendment 2004 to amend 130 units,by an Ordinance approved by the City Council on August 17, 2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its June 28, 2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 20, 2004 meeting. NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Rottlund Company, Inc., based on the developer agreement between Rottlund Company, Inc. and the City of Eden Prairie,reviewed and approved by the City Council on August 17, 2004. ADOPTED by the City Council of the City of Eden Prairie this 17th day of August, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 15 SUPPLEMENT TO DEVELOPER'S AGREEMENT HARTFORD COMMONS 2ND ADDITION THIS SUPPLEMENT TO AGREEMENT,made and entered into as of August 17,2004,2004,by The Rottlund Company,Inc.,a Minnesota corporation, hereinafter referred to as"Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City"; WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment on 17.88 acres, Planned Unit Development District Review with waivers on 17.88 acres in the RM-6.5 Zoning District, Zoning District Change from Commercial Regional Service to the 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, all situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS,the parties desire to amend the Development Agreement between The Rottlund Company,Inc., dba David Bernard Builders and Developers, a Minnesota corporation and the City of Eden Prairie for Hartford Commons=dated August 7,2001,(hereinafter the"Development Agreement)for that portion of the Property legally described in Exhibit A,attached hereto and made a part hereof, and depicted as the"Amended Area"in the Plans, and made a part hereof; NOW THEREFORE, in consideration of the City adopting Resolution No. 2004-113 for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review with waivers and Zoning Amendment in the RM-6.5 Zoning District, Resolution No. for Site Plan Review, and Resolution No. 2004-114 for Preliminary Plat. Developer agrees to construct, develop and maintain the Property as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated July 20,2004,reviewed and approved by the City Council on July 20,2004,and attached hereto as the Plans, subject to such changes and modifications as provided herein. l6 2. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • Front Yard Setback from 30 feet to 15 feet. • Gross Site Area per Unit from 6,500 sq. ft. to 2,441 sq. ft. • Density from 6.7 units per acre to 17.8 units per acre. 3. PRAIRIE CENTER DRIVE ROLLING HILLS ROAD IMPROVEMENTS: Prior to release of the final plat Developer shall provide a plan showing the following improvements to the Prairie Center Drive and Rolling Hills Road intersection. • Removing the existing right turn island and providing the appropriate patching. • Reconstructing the corner radiuses to 30 feet. • Removing a portion of the center median on Rolling Hills Road to provide pedestrian access across Rolling Hills Road. • Providing curb cuts and the necessary pedestrian connections to the existing and planned pedestrian facilities in the Rolling Hills Road quadrants of the intersection. Developer shall complete the improvements by July 1,2005. 4. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement except as inconsistent with or amended by this Supplement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By The Rottlund Company, Inc., a Minnesota Nancy Tyra-Lukens corporation Its Mayor By By Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by ,the ,of The Rottlund Company, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 1 EXHIBIT A DEVELOPMENT AGREEMENT—HARTFORD COMMONS 2ND ADDITION Legal Description Before Final Plat Outlot E,Hartford Commons Legal Description After Final Plat 'q EXHIBIT B - PLANS DEVELOPMENT AGREEMENT—HARTFORD COMMONS 2ND ADDITION 1. Cover Sheet dated 05/21/04 by Westwood Professional Services, Inc. 2. Preliminary Site Plan dated 05/21/04 by Westwood Professional Services, Inc. 3. Existing Conditions dated 05/21/04 by Westwood Professional Services, Inc. 4. Preliminary Plat dated 05/21/04 by Westwood Professional Services, Inc. 5. Preliminary Grading and Erosion Control Plan dated 05/21/04 by Westwood Professional Services, Inc. 6. Preliminary Utility Plan dated 05/21/04 by Westwood Professional Services,Inc. 7. Preliminary Landscape Plan dated 05/21/04 by Westwood Professional Services, Inc. 8. Parking Study Plan dated 06/11/04 by Westwood Professional Services, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—HARTFORD COMMONS 2ND ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pur3uant to 42 U.S.C. §9601,et. seq.,or Minn.Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City,its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. EXHIBIT D DEVELOPMENT AGREEMENT—HARTFORD COMMONS 2ND ADDITION EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's)as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Neecied maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY "D5 CITY COUNCIL AGENDA DATE: August 17,2004 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. C. Community Development/Planning Edenvale Highlands Janet Jeremiah Scott A. Kipp Requested Action Move to: • Approve 2°a Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 10.62 acres; and • Approve the Development Agreement for Edenvale Highlands Synopsis This is for 8 single-family lots. Background Information At the time of lst Reading for the project a soils investigation had not been completed to evaluate retaining wall design and tree loss. Staff used a conservative figure of 44%tree loss,while the developer indicated 35%. The completed soils investigation has dictated a different retaining wall method. This has resulted in some shifting of wall locations and a significant tree loss of 40%. The plans have been revised and are part of the Development Agreement. Attachments 1. Ordinance for Zoning District Change 2. Summary of Ordinance 3. Development Agreement " 6 EDENVALE HIGHLANDS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 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 11 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 District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 17, 2004, entered into between Calhoun Development, LLC, dba Calhoun Development and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 20th day of July, 2004, 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 17th day of August, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A EDENVALE HIGHLANDS Legal Description Before Final Plat Lot 1,Block 1, Gray Fox Bluff,Hennepin County, Minnesota Legal Description After Final Plat Lots 1 —8, Block 1, and Outlot A, EDENVALE HIGHLANDS,Hennepin County,Minnesota EDENVALE HGIHLANDS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 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 east terminus of Alpine Trail, south of the Twin Cities and Western Railroad, from Rural to R1-13.5 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 Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) al DEVELOPMENT AGREEMENT Edenvale Highlands THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 17, 2004, by Calhoun Development, LLC dba Calhoun Development, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1- 13.5 on 10.62 acres,and Preliminary Plat of 10.62 acres into 8 lots and 1 outlot,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to R1-13.5 on 10.62 acres, Resolution No. 2004-115 for Preliminary Plat,Developer agrees 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 August 11,2004,reviewed and approved by the City Council on August 17, 2004, (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. 30 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement,in the form and substance as attached in Exhibit F,for review and written approval by the Director of Parks and Recreation Services, for the area delineated on the Plans. Prior to release of the final plat for any portion of the Property,Developer shall submit proof to the Director of Parks and Recreation Services,that the Conservation Easement has been filed for record with the Hennepin County Recorder/Register of Titles. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. 4. DEDICATION OF OUTLOT A: Prior to release of the final plat for the Property, Developer shall dedicate to City, Outlot A in accordance with the terms of Exhibit C. 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 shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, 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. 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. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction 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 construction grading plan.The design professional shall monitor construction for conformance to the approved construction 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 construction 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. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property,delineated on Exhibit B Plans,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 9. HOMEOWNER'S ASSOCIATION DOCUMENTS:Prior to the release by the City of any final plat for the Property,Developer shall submit Homeowner's Association documents to the City for review and approval by the City Planner. The Homeowner's Association documents shall include,but not limited to,maintenance of retaining walls,tree preservation and use of conservation easements over the existing wooded portion of the Property, and 3a such other matters as are normally contained in such documents. 10. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owners' Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 11. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 12. 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 far the retaining walls. Developer agrees that the materials to be used shall be consistent throughout the Edenvale Highlands development. 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. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 7.27 acres in the amount of$40,002.60. 33 14. 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 public streets,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. 15. TREE LOSS-TREE REPLACEMENT: There are 4,472 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,791 diameter inches. Tree replacement required is 953 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 953 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. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 16. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions,the wetland and/or wetland buffer strip shall be graded,treated, reseeded and/or replanted(thereon known as"Landscaping",or"Landscaped")by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City 341 requirements within 30 days of completion of the Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property,Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is completed. Thereafter,this report shall be submitted annually until two full growing seasons following completion of the development have passed,at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit G) for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. Prior to release of the first building permit for the Property,Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been executed by the owners of the Property platted and has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property,Developer shall install or reinstall as needed all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4" x 4") that states "Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is 35 prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150%of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond, cash escrow,letter of credit or other guarantee shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. 36. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Calhoun Development, LLC dba Calhoun Development By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by ,the , of Calhoun Development,LLC dba Calhoun Development, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAN'1'hD BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 3 EXHIBIT A DEVELOPMENT AGREEMENT-EDENVALE HIGHLANDS Legal Description Before Final Plat Lot 1,Block 1, Gray Fox Bluff,Hennepin County,Minnesota Legal Description After Final Plat Lots 1 —8, Block 1, and Outlot A,EDENVALE HIGHLANDS,Hennepin County,Minnesota 3c EXHIBIT B DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS PLANS 1. C0.1 Civil Title Sheet dated 08/06/04 by Landform 2. C 1.1 Existing Conditions and Demolition Plan dated 08/06/04 by Landform 3. C2.1 Preliminary Plat dated 08/06/04 by Landform 4. C3.1 Grading and Erosion Control Plan dated 08/06/04 by Landform 5. C3.2 Grading and Erosion Control Details dated 08/06/04 by Landform 6. C4.1 Preliminary Utility Plan dated 08/06/04 by Landform 7. C6.1 Retaining Wall Details dated 08/06/04 by Landform 8. C6.2 Retaining Wall Details dated 08/06/04 by Landform 9. L1.1 Tree Preservation Plan dated 08/06/04 by Landform 10. L2.1 Preliminary Landscape Plan dated 08/06/04 by Landform 11. L2.2 Enlarged Landscape Plan dated 08/06/04 by Landform 39 EXHIBIT C DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning,and/or Preliminary plat approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Kathryn Slavens as Trustee of the John M.Anderson Revocable Living Trust Agreement dated October 22, 1997 With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City yD a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That to the best of Developers knowledge no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement 11I is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. EXHIBIT D DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's)as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP "4Z EXHIBIT E DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2004,between the City of Eden Prairie,a municipal corporation,(the"City")and Calhoun Development,LLC dba Calhoun Development, a Minnesota limited liability company(the"Owner"). A. The Owner holds legal and equitable title to property described as ,Hennepin County, Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the"Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property on 7.27 acres in the amount of$40,002.60 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 1-!5 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2003,by the , a Minnesota ,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2004, by and between Calhoun Development, LLC dba Calhoun Development, a Minnesota limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the"Easement Area, attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. 441 B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash,waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That to the best of Grantors knowledge no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense,including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. 5. The Easement Area shall be maintained by the owner of the Property subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. yq IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by ,the , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 0 EXHIBIT G DEVELOPMENT AGREEMENT—EDENVALE HIGHLANDS CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2004 by and between Calhoun Development, LLC dba Calhoun Development, a Minnesota limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement 5 ( Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That to the best of Grantors knowledge no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any 5D, Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. The Easement Area shall be maintained by the owner of the Property subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 53 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by , the a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 5cl EXHIBIT A "THE PROPERTY" �J5 EXHIBIT B "EASEMENT AREA" 5r EXHIBIT C "EASEMENT AREA" DIAGRAM OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN CALHOUN DEVELOPMENT, LLC DBA CALHOUN DEVELOPMENT AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of August 17, 2004, by and between Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. for Zoning District Change from Rural to R1-13.5, and Resolution No. 2004-15 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of August 17, 2004, by and between Calhoun Development, LLC dba Calhoun Development, a Minnesota limited liability company, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Calhoun Development,LLC dba Calhoun Development, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Ordinance No. for Zoning District Change from Rural to R1-13.5, and Resolution No. 2004-15 for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 57i IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 By Kathryn Slavens, Trustee Nancy Tyra-Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Kathryn Slavens, as Trustee of the John M.Anderson Revocable Living Trust Agreement dated October 22, 1997, on behalf of said Trust. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Lot 1,Block 1, Gray Fox Bluff, Hennepin County,Minnesota Legal Description After Final Plat Lots 1 —8,Block 1, and Outlot A,EDENVALE HIGHLANDS,Hennepin County,Minnesota 6.0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. D. Randy L. Slick, Public Works/ Final Plat Approval of Hartford Engineering Commons 2'Addition Requested Action Move to: Adopt the Resolution approving the final plat Hartford Commons 2nd Addition. Synopsis This proposal is located in the northwest quadrant of the Prairie Center Drive and Rolling Hills Road intersection. The plat consists of 6.73 acres to be divided into 11 lots and two outlots for the construction of 130 multi-family units. This is a replat of Outlot E, Hartford Commons. Background Information The preliminary plat was approved by the City Council June 5, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 7, 2001. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$6370.00. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public 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. • Revision to plat to include drainage and utility easements over all public utilities. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HARTFORD COMMONS 2ND ADDITON WHEREAS,the plat of Hartford Commons 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS,said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Hartford Commons 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 17, 2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 17, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk 6 Z \ HA R TFORD COMMONS K. v \ 2ND ADDITION ---) ,...„. it -4 t+.ply • \ ; .. e\ ti. 7 `iC d=33'28'30 _ s / \4 ��; .- s-1. L1• < L=2980 R=5L00 = J'.'` /ae "'� - {' � /,.'•. "�\ fi_/ J / ca=Nos°2YO2E :s g t \ � 3 , • f / / /"`: -- ' \ '. g a fi'/1 \\.Y!',\ / \Y ' - .r ?F /4 /.�- Cs e p%.4• a \0= 's\ 4' -''_ \�' �// c a / a / 1 1.�• // *gs\ ,S`•�s% .e %a's :> L 40 0 40 00 120 I I T T f— t'ryh Qsa - / sue¢\ _ 2iP: : \ `s fen f 1 f r ^ I_A n/.f /s^ y> i, /. / y\ Y�,o w,� . �0 score ., feel V f1 (� A/ \ / // 1 • v p/f w f vi••�?i v !e. �' \ C�> Scale. r -sa -71 1\\ oh. _`-y /? / obi' �w j �F \ / 2ryh �� ''��o} :% •?t'• s Z. /a`a / c¢'p .,,,iv o^ \ o' \ ... C,; ev az /) ••,,, : {.44,;.+�\ems''` "// e/t'/ y° / ram' r4 92.n - e;\ / .y'e 1Y3. '3t\e .� E a•/ _ \s '•3• te9 / ys�?S •• '�%m s:✓ \��'' /��t 4 i:"\ _\o 's \\ �.s \ Beating system y assumed • s. Ca 6'4. �/ ha" \, '� f ''•Qy 3: \ e~VB / // _\ \4 .'ao, $ N. o Denotes 1/2 ach by el inch iron monument / C / \ �✓ . :**-. \v •?o \ set and marked by License No 12041 / e t / ` +sy�\ At.\ etiV ,kd / 4}\ g . I . Denote:r/z inch ay rl inch iron monument IS 4 Ni.!.., W 11 '� k' n fame!and marked by License No.r2043 eCe ` oh a d"t / / 4 '�:- os 1,b\✓ /6t / ' 2 -No man"menr>}maw anon or am etomre'squired i /q @• ,;P" v � / �_. forotion mdreotee o plot monument Not u be Lit �''\ {/ 2ryh�3 /,P{ / v` + •'' 'q, x� r "//` / . rch shod ae in place on or aef a the.Tor[S ltitg ( ,r'/ {%/ ``�,(�' / ,1\ a Ra `"• Jw%r/ 2 / l M-. // I $ /\ Y of August ZODS / \ 2�1 / 2 / y\''go / �� / �2a,�;�1 6. '�}\ 11y� //l• // g / Typical Lot / d sr ?�/ y ' s ovt e1y9 e�• / // J2•k / ♦ '; ' " r`i / / q°'* / / �,z'ad'N / . / `' / / r.'k . ,. ryY OL/)LOT 8 "C.-_ 1 t/�� \ S� r. ;\ S �,ck.:'...::�! 'S't y v\ `f', •\ // ,- / / %' E.:f I reels /.r it `:`//i .qt.4_ �` ';-'' \ // �,J;. %f •,. rig ES h --�- '' \ `:� o \ i - rt<k I 2 3 R*r----ai�.�rr uH J 2J } �vY v 3E / r�Tf ;i. 1 1 0 �� yr% 2,52 _7;,1' 0,o.,age and Uttdy Easement..---„,0„:„.., overall /.' it, 317 / f- , lots a cept inside envelopes. ' '12 x >•{.yew c°1'°is.ia2✓/ ,Ei9oj 5.0�.L „ r•;. / t�J``✓ ..-I LP-- / `1f.�`<, ,.I= ,,tarn Its_, — Westwood n.fazroe•a <`" / Professional Senlns.Inc i L sheet 2 of 2 shreds CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. E. Randy L. Slick,Public Works/ Final Plat Approval of Edenvale Engineering Highlands Requested Action Move to: Adopt the resolution approving the final plat of Edenvale Highlands. Synopsis This proposal is located east of existing Alpine Trail. The plat consists of 10.5 acres to be divided into eight single family lots, one outlot and right-of-way dedication for street purposes. This is a replat of Lot 1, Block 1, Grey Fox Bluff. Background Information The preliminary plat was approved by the City Council July 20,2004 . Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on August 17, 2004. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$392.00. • Receipt of street lighting fee in the amount of$1,176.12. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • 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 of all lots, outlots and road right-of-ways certified by surveyor. • Prior to release of final plat,Developer shall submit a Conservation Easement for the protection of the existing trees on the property. • Prior to release of final plat, Developer shall dedicate Outlot A to the City. • Prior to release of final plat, Developer shall submit Homeowner's Association documents to the City. • Prior to release of final plat, Developer shall submit a Wetland Plan to the Environmental Coordinator. • Revision to plat to include standard ten foot drainage and utility easements across the front of Lots 4 and 5. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDENVALE HIGHLANDS WHEREAS,the plat of Edenvale Highlands 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 Edenvale Highlands is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 17, 2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 17, 2004. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A. 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Ft �ul'y y p0 •7r\S �' ,01 all)nld0NAs03u G+ 1 .\ \ \'s a \\ 44 S 4y�J "'.C" __'I1'�- —00L' Jo 4p 'pp �+s ,,.cam ,6) 6\• II ,aa0lo.odud to Al pm..sq of andono,pa^uay311 tuNodoN+a03u p!•uJossoy,.moon ul ` •1Yc.. \\ :...• .,'L _•I--c atolls.sa1od,sd•mnwsuoapn•Anlo.blsuptpagnw0N0010ppoolwy og130)a noipind,o a!Irld al' I:In J*TM 4l •• \ \ . 4.1 l II olalulpp pu.anuop SqO+a1NaPP�SQVV1100131VAN303NPO1nl4 Pw paAae.m aq olau:H ayl porno nll I/i \\,Y\ \\ .Ij4•`'n i,YO SY W0011 OW \ • \ [� SIN30SY1 Lulaa 0NY.L NN.O \ `\ \, main X0i FWD'14'a10'1!.1 *ON •' 110 IV -9ui 1 • a`iff :1!rol'swtauulpyJ$130310 Digs ldwwyJo4wo3 alp alp lsnLt 4+adod pocpacap wJ 'A..duwa 41UNIN1 Pal!wll•aa.D4.777 IwwdoWa03Y n41!SI MVO a5'3111Aa MS114111/MOHM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. F. Randy L. Slick, Public Works/ Grading Permit for 6891 Beach Road Engineering Requested Action Move to: Authorize issuance of grading permit to Thomas and Daisy Haung for the placement of fill at 6891 Beach Road. Synopsis Thomas and Daisy Haung are requesting City approval for the placement of approximately 195 cubic yards of fill to be placed along their front property line. The proposed berm would provide screening from traffic lights of vehicles traveling south on Beach Road. The berm will be approximately three feet in height and will not encroach into the Beach Road right-of-way. The berm slopes will not exceed 3:1. Staff recommends permit approval. Background Information Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Community Development staff has reviewed the proposal for conformance to City Code. The plan is in conformance with City Code and policy related to erosion control. Attachment Drawing Auo•10. 2004 i2 47P;1 INSTANT WEB I" - / ado.4940 P. 3/3 Iv •' K / �1 / \\ / / .'J / i • /kr: c Zf — .• • ' „.4.....:... .,>-.1',°* :...• . • .• ' • . \„.>c:„. ;; .... . 1 ''' EA.4N �-r 11 r ;° \ i it C 00 4ai l 9 {J /y� �eii, _1/ 1 , �6' kay ' s I {r • •• * t / If'' :=,,i/t { I 1 . y; 1 •g,4:4. I;.1. fit / ' ,, I . , \ \; 1 a g. oa_;" Ur I I III Y �` \ ��' . ,!/ ,1 II s �,3 Ilid • t I .,, 6 I s CO i .F,... % I- 1, • a.. oc,..41=4"; "w`")/ .:4 l•ilkItti, _ !1 I. I 03 T' 38 \ �• l 17 tAlt• , sO� } ay p % it ^\ 1.:..fir! yi . A _,... 4 Fig 7 5" // \ - 116VIS V Ri i i ; \ .!' I,.1 'F, \14/411k1Totei AO. . ., / 1 1 ,/ri 14: .4.6, pr. 4* ....pl.% Z.. , .. 1 orre If , a. IC 1 �N i4 r y Y Y;.• / 1. (1 co e .• II5 , F 3 z t l • , • ` �l Gs j d 1 � eo:Ara rt.,t 4 SOW' r • '1 1 1 •zAta iY ,. q(> ,,,... 1 2..,.., 1\ \, f I; ../ e•\:. i iI l saC 1r," .+"^° . 1.w1wiat lle7gp'..o..._.Ri_i__o_._o.1 142d+r.�.fC y ,-_,,./ , :/. //_„7:s_,;„..____,„r,2--,,___4,___r:,.. , .... ____________„.., ..• _ , -� L- `I< rEC� may- ter' f !t. 1� I 1 `^•,, 'Si! fay' _ i yC2 •ter �,-.- _ r-y t �- r _ x f x- :» =2 CITY COUNCIL AGENDA DATE: August 17,2004 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. G. Michael Franzen, Community Patterson Property Development/Planning Requested Action Move to: • Approve the Development Agreement for Patterson Property; and • Approve and Authorize Issuance of a Grading Permit for Patterson Property, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 6, 2004, as approved by the City Council. Synopsis This is for two single-family lots. Attachments 1. Development Agreement DEVELOPMENT AGREEMENT PATTERSON THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 17, 2004,by David Patterson, an individual,hereinafter referred to as "Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Plat of 1.26 acres into 2 lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Preliminary Plat,Developer agrees 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 July 6,2004,reviewed and approved by the City Council on July 6,2004, (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. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: 70 A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. Engineered design for footing, foundation, and retaining walls. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the land and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, 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. 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. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction 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 construction grading plan.The design professional shall monitor construction for conformance to the approved construction 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 construction 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. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. CONNECTION FEES: Prior to the release of a final plat for any portion of the Property, Developer shall pay sanitary sewer and water main connection fees in the total amount of $7,400.00. 8. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property,Developer agrees to sign an assessment agreement,in the form and substance as attached in Exhibit E,with the City for Trunk Sewer and Water Assessments (Trunk Improvements) on an assessable acreage of 1.30 acres in the amount of$6,643.60. 7o IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By Dave Patterson Nancy Tyra-Lukens Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by , an individual. Notary Public 73 EXHIBIT A DEVELOPMENT AGREEMENT-PATTERSON Legal Description Before Final Plat A tract of land in the Northeast Quarter of the Southwest Quarter of Section 21,Township 116 North,Range 22 West of the 5th Principal Meridian, described as follows: Commencing at a point 453.76 feet West of the Northeast corner of said Southwest Quarter and lying on the North line thereof;thence South 00 degrees 10 minutes East, a distance of 386.8 feet more or less to the North line of a township road; thence North 88 degrees 00 minutes East along the North line of said road a distance of 135.7 feet; thence on a curve to the right having a central angle of 110 degrees 29 minutes and a radius of 62.45 feet, a distance of 15 feet; thence North to a point 150 feet East of the point of beginning and lying on the said North line of said Southwest Quarter; thence West to the point of beginning, according to the U.S. Government Survey thereof, Hennepin County,Minnesota. Lot Area= 56,632.41 Sq. Ft. or 1.30 Ac. Legal Description After Final Plat -7y EXHIBIT B PLANS-DEVELOPMENT AGREEMENT PATTERSON SUBDIVISION Existing Conditions/Preliminary Plat dated January 5, 2004 by Westwood Professional Services Preliminary Grading/Utility Plan dated January 5, 2004 by Westwood Professional Services -75 EXHIBIT C DEVELOPMENT AGREEMENT—PATTERSON Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, 7 , hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer,its employees, agents, contractors or representatives. V]II. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 77 XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"_ 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 Y2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. EXHIBIT D DEVELOPMENT AGREEMENT—PATTERSON EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: 79 a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY EXHIBIT E DEVELOPMENT AGREEMENT - PATTERSON AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2004,between the City of Eden Prairie, a municipal corporation, (the "City") and (the "Owner"). A. The Owner holds legal and equitable title to property described as Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements in the amount of$6,643.60 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. OWNER CITY OF EDEN PRAIRIE NOT TO BE SIGNED Minnesota Municipal Corporation NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004,by David Patterson,an individual. Notary Public THIS INSTRUMENT WAS DRAM n D BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 sa CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 03-5606 ITEM NO.: VIII. H. Eugene A. Dietz, Public Works/ Approve Construction Plans and Specifications Engineering and Order Advertisement for Bids for Hidden Ponds Trail and Pond Improvements Requested Action Move to: Adopt resolution approving plans and specifications for Hidden Ponds Trail and Pond Improvements and authorize bids to be received, I.C. 03-5606. Synopsis This project will reconstruct the existing trails within the Hidden Ponds neighborhood and remove sediments from several of the adjacent ponds. The bid opening date is scheduled for September 23, 2004, and award of contract at the October 5, 2004, Council meeting. Background Information The project was authorized on July 20, 2004. In accordance with the feasibility report,work will begin with dredging of the ponds during the winter of '04/'05 and the trail replacement will occur next spring. Completion of all work will be late summer and the assessment hearing will be next fall. Attachments Resolution 533 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through HTPO, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 03-5606: Hidden Ponds Trail and Pond Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., September 23, 2004, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:00 P.M., Tuesday, October 5, 2004, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on August 17, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17,2004 DEPARTMENT/DIVISION ITEM DESCRIPTION: ITEM NO.: VIII. I. Cliff Cracauer, Public Works/ Award Bid for Aerial Truck Equipment Fleet Services Replacement Requested Action Move to: Award contract for aerial truck equipment and installation to Truck Utilities in the amount of $44,600.07. Synopsis The Equipment Replacement Fund was developed by Feet Services to provide a 15-year projection of equipment needs and replacement schedule. The signal truck is an approved replacement item on the schedule for 2004. This vehicice provides safe access to signalized intersections to repair overhead lights and ancillary devices. The bid from Truck Utilities is for the actual aerial device and installation. The truck chassis was purchased separately through the State of Minnesota procurement process. Staff recommends that the contract be awarded to Truck Utilities in the amount of$44,600.07. Quotes for aerial device, equipment and installation for Signal Division of Public Works: Base Bid Ground Working Side Warranty Bidder tax Clearance Height Reach Compartments Aerial Delivery ABM $44,914.24 37' 42' 27'9" 20"deep 1 year 150 days Crysteel $46,853.61 36' 41' 29' 24"deep 1 year 84 days Aspen Reach $46,463.82 37' 42' 28' 24"deep 1 year 150 days Truck Utilities $44,600.07 38' 43 28 20"deep 2 years 120 days CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Office of the City Manager, Approve agreement with AVI Systems Communications Division/ for new cameras and microphones Pat Brink Requested Action Move to: Approve agreement with AVI Systems for the purchase and installation of three(3) new video cameras to be located in the City Council Chambers, a controller for these new cameras and 20 new microphones for the council chambers in the amount of$28,125. Synopsis The audio and video equipment in the City Council Chambers is 11 years old and do not provide a broadcast quality picture. More than half of the"goose neck"microphones are in danger of shorting out because of the constant bending and straightening over the years. AVI was chosen as the vendor because it was the company that originally installed the first system and still has proprietary software in place. In an internet search of other companies that provide the exact same video cameras, it was determined that the cost AVI is charging the City of Eden Prairie is very reasonable. Attachments Agreement Systems Implementation Agreement (SIA) I Q n 6271 Bury Drive, Eden Prairie, MN 55346 (612)949-3700 n 2867 104th Street, Urbandale, IA 50322 (515)254-9850 Systems n 8052 Flint Street, Lenexa, KS 66214 (913)495-9494 Iw ❑ 5055 S. 111th Street, Omaha, NE 68137 (402)593-6500 ❑ 1930 East Century Avenue, Bismarck, ND 58501 (701)258-6360 ❑ 8140 Brentwood Industrial Dr., St. Louis, MO 63144 (314)781-5590 Bill To: Ship To: Project Location(s): Office Information: City of Eden Prairie AVI Systems City of Eden Prairie Job# 8080 Mitchell Road 6271 Bury Drive 8080 Mitchell Road Sales Order No.# Eden Prairie, MN 55436 Eden Prairie, MN 55346 Eden Prairie, MN 55436 Sales Rep: Install Mgn: Terms Accepted By: Engineering Accepted By: Customer# 14347 Attn: Attn: Pat Brink Equip Order Date: Date: 08/06/04 Phone: Phone: 952-949-8526 Est.On-site Date: Customer PO: Fax: Fax: Est.Completion Date: Notes: 1.0 Scope of Work/Responsibilities—AVI Systems will provide The City of Eden Prairie per the attached (Attachment"A"). 2.0 Project Cost Summary 2.1 Equipment(Attachment"B") $ 22,156.00 2.2 Implementation(Attachment"C") $ 5,969.00 2.3 Service Maintenance Agreement(Attachment"D") $ Not Included 2.4 Agreement Total $ 28,125.00 3.0 Sales, Use Tax and Delivery Charges — AVI Systems will add any applicable taxes, permits, licenses, and delivery charges to the amount of each invoice. If non-taxable, please indicate in note section above. 4.0 Invoicing for Equipment/Services—AVI Systems will submit progress invoices for the value of equipment received, and materials and labor expended on this project on a monthly basis. Invoices will be submitted to the party designated by the Customer and will include a detail of equipment received at the AVI Systems integration facility and dedicated to this project, and costs of the materials, labor and other items expended since any previous billing. Each progress billing will be due net 15 days from invoice.A finance charge computed at the rate of 1.5%per month will be charged on any balance not received within 30 days. 5.0 Remit To Address—All payments should be mailed to: Audiovisual, Inc. dba AVI Systems NW 8393 PO Box 1450 Minneapolis,MN 55485-8392 6.0 Key Project Personnel Sales Engineer: Design/Managing Engineer: Installation Project Manager: Revised 030102 Page 3 0 - www.avisystems.com 7.0 Changes In The Scope of Work — Costs resulting from material changes in the scope of this project by the Customer, additional requirements or restrictions placed on AVI Systems by the Customer or its representatives will be added to or subtracted from the contract depending upon the changes being made. When AVI Systems becomes aware of the nature and impact of the change,a Contract Change Order will be submitted for review and approval by the Owner before work continues. Contract Change Order costs calculations will be commensurate with the materials and labor rates provided within the base contract. 8.0 Insurance—AVI shall maintain commercial general liability insurance, including contractual liability, at limits of not less than $1,000,000 per occurrence, automobile liability insurance, at limits of not less than $1,000,000 per occurrence, errors and omissions insurance at limit of $1,000,000, and worker's compensation and employer's liability insurance covering all employees engaged in the performance of this order for claims arising under any applicable worker's compensation and occupational disease acts. 9.0 Compliance With Law—AVI Systems agrees and warrants that AVI Systems shall comply with all requirements of applicable laws, regulations and standards including but not limited to the provisions of(a) Executive Order 11246, as amended, of the President of the United States and the Rules and Regulations pursuant thereto pertaining to Equal Employment Opportunity; (b) the Fair Labor Standards Act of 1938 of the United States, as amended, with respect to Wages and Hours; (c) the Occupational Safety and Health Act of 1970 (OSHA), as amended; (d) the Immigration Reform and Control Act of 1986 (IRCA). 10.0 Ownership and Use of Documents and Electronic Data—Drawings, specifications, other documents, and electronic data furnished by AVI Systems for the associated project under this Agreement are instruments of the services provided. AVI Systems shall retain all common law, statutory and other reserved rights, including any copyright in these instruments.These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings, specifications, other documents, and electronic data furnished by AVI Systems for information and reference in connection with the associated project. 11.0 Proprietary Protection of Programs—This Agreement does not cause any transfer of title, or intellectual rights, in Control Systems Programs, or any materials produced in connection therewith, including Source Codes.The Programs are provided, and are authorized for installation,execution,and use only in machine-readable object code form.This Agreement is expressly limited to the use of the Control Systems Programs by the Customer for the equipment in connection with the associated project. 12.0 General Business Terms—The Customer agrees to purchase and Audiovisual, Inc. ("AVI Systems")by its acceptance of this Agreement agrees to sell, in accordance with the following terms and conditions, the equipment listed (the "Equipment"). Under such terms and conditions, AVI Systems will a) sell Equipment to the Customer and b) provide warranty service for Equipment. The customer agrees to accept the Equipment and warranty service under the terms and conditions of this Agreement. The Customer further agrees with respect to the Equipment to accept the responsibility for c) its selection to achieve the Customer's intended results,d) its use, and e)the results obtained therefrom. 12.1 Price and Payment—This Agreement must be signed by the Customer and accepted by AVI Systems on or before the processing of this agreement. Payment in full for all items on this agreement shall be due in accordance with Section 4.0 above. The prices shown are F.O.B. manufacturer's plant. The Customer in accordance with AVI Systems then current shipping and billing practices will pay all destination charges for each piece of Equipment from a designated AVI Systems location and any installation charges. In addition to the prices on this agreement,the Customer agrees to pay amounts equal to any sales or use or personal property taxes resulting from this Agreement or any activities hereunder. 12.2 Title—Title to the Equipment passes to the Customer as of the date of delivery to the job site. 12.3 Security Interest— The undersigned Customer, for value received, hereby grants to AVI Systems a security interest under the Uniform Commercial Code in the foregoing Equipment, plus any additions and replacements of such Equipment, and all accessories, parts and connecting Equipment now or hereafter affixed thereto.This security interest will be satisfied by payment in full unless otherwise provided for in an AVI Systems Installment Payment Agreement. The security agreement shall be security for the payment herein, plus 1.5% monthly interest from invoice due date detailed in Section 4.0 above, and plus a 20% restocking charge on the merchandise and attorney fees for collection of the foregoing.A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not constitute acceptance of this Agreement by AVI Systems. 12.4 Risk of Loss or Damage—After the date of delivery of Equipment to the job site, all risks of loss or damage shall be on the Customer. 12.5 Shipment — AVI Systems agrees to schedule Equipment for shipment in accordance with AVI Systems applicable shipment sequence. 12.6 Receiving/Installation — The Customer agrees to provide a suitable installation environment and to furnish all labor required for receiving and placing Equipment in the desired location at the job site. Packaging materials shall be the property of the Customer. The terms of any such Installation Agreement are incorporated in and made a part of this Agreement. 12.7 Configuration Changes—By agreement between AVI Systems and the Customer, changes in the configuration of the Equipment described herein may be made in writing by submission of a Change Order document. 12.8 Warranties—Warranties vary by manufacturer and no additional warranties are expressed or implied on the equipment or software provided as part of the system. Additionally,for a period of 90 days from substantial completion,AVI Systems will warranty the systems installation to be free from defects in material and workmanship. Revised 030102 Page of 3 Us>. www.avisystems.com 12.9 Remedies — Upon default as provided herein, AVI Systems shall have all the rights and remedies of a secured party under the Uniform Commercial Code and under any other applicable laws. Any requirements of reasonable notice by either party to the other guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid,to the address of the parties shown on the first page of this Agreement(or to such other mailing address as either party in writing later furnishes to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice. Customer agrees to pay all expenses of retaking, holding, preparing for sale, selling and attorneys'fees and legal expenses as may be allowed by law and incurred by AVI Systems, in enforcing its rights under this Agreement. The rights and remedies herein conferred upon AVI Systems, shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws. 12.10 Limitation of Remedies —AVI Systems entire liability and the Customer's exclusive remedy shall be as follows: In all situations involving performance or nonperformance of Equipment or services furnished under this Agreement,the Customer's remedy is the adjustment or repair of the Equipment or replacement of its parts by AVI Systems, or, at AVI Systems option, replacement of the Equipment. In no event will AVI Systems be liable for any damages caused by the Customer's failure to perform the Customer's responsibilities, or for any lost profits or other consequential damages, even if AVI Systems has been advised of the possibility of such damages, or for any claim against the Customer by any other party, or for any damages caused by performance or non-performance of Equipment located outside the United States or Puerto Rico. 12.11 Accelerations of Obligation and Default— Upon the occurrence of any event of default by Customer, AVI Systems may, at its option, with or without notice, declare the whole unpaid balance of any obligation secured by this Agreement immediately due and payable and may declare Customer to be in default under this Agreement. 12.12 General —This agreement is not assignable without the prior written consent of AVI Systems. Any attempt to assign any of the rights, duties, or obligations of this Agreement without such consent is void. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI Systems, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. The term 'this Agreement" as used herein includes any applicable installment payment agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Unless otherwise agreed to in writing by Customer and AVI Systems, if any printed term or condition contained in any purchase order or other form used by Customer to order products or services pursuant to this Agreement, or in any acknowledgment or other form used by Customer is inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence AVI Systems is not responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control or, except as agreed herein, to provide any services hereunder for Equipment located outside the United States or Puerto Rico. The laws of the State of Iowa will govern this Agreement. 13.0 Acceptance of Agreement—This agreement includes equipment and services that are required to satisfy the project scope of Section 1.0 Scope of Work/Responsibilities. AVI Systems will begin work on this project upon receipt of a copy of this agreement duly signed and executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this agreement. In Witness whereof,the parties hereto by their duly authorized representatives have executed this Agreement upon the date first set forth herein. AGREED AND ACCEPTED BY: AVI Systems (Customer) (Signature) (Signature) (Print Name) (Print Name) (Date) (Date) Revised 030102 Pag\ of 3 C6C1 www.avisystems.com Scope of Work/ ResponsibilitiesAV 9 Attachment "A" City of Eden Prairie 8080 Mitchell Road Systems Eden Prairie,MN 55436 *+ NN0 Pat Brink 952-949-8526 August 3,2004 • 1.0 Statement of Services To Be Provided • AVI Systems has been asked to help upgrade the low-resolution camera system in the City's Chambers,to a high-resolution camera system. AVI systems had made provisions for proprietary technological upgrades when we installed the original software and equipment in 1993. AVI owns the software rights and still maintains copies and ownership of the software,as stated in our systems implementation agreement section 11.0 Proprietary Protection of Programs. This will aid in reducing costs when we incorporate the new technologies into the existing system. AVI Systems will install three new low profile 3CCD Sony video cameras in the main chambers. Two of the new cameras will be placed at the rear of the chambers where the existing Panasonic cameras are located. The third camera will be located in the front center of the chambers behind the board members to allow for shots of the podium and audience. A new Sony controller will also be integrated into the existing system. The existing Sony DXC prime camera will removed along with the Telemetrics pan tilt assembly and control unit in the rack.No changes will be made to the document camera at this time. We will also change out all j,@'existing gooseneck microphones in the chambers with new ones as the existing units are starting to show signs of wear. 0 2.0 AVI Systems Responsibilities • Provide equipment, materials and labor items per Attachments B and C. • Provide systems equipment installation and supervisory responsibility of the equipment installation. • Provide systems checkout,programming and testing. • Provide project timeline schedules. • Provide necessary information,as requested,to the owner or other contractors involved with this project to insure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer supplied equipment documentation. • Provide final documentation and"as built"system drawings(CAD). • Provide system training following installation to the designated project leader or team. • Provide on-going maintenance and service as per terms of Service Maintenance Agreement(SMA)—Attachment D. 3.0 Customer Responsibilities • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment,and decorating as appropriate. • Provide for the ordering, provisioning, installation,wiring and verification of any Data Network(LAN,WAN,TI, ISDN, etc.)and Telephone Line(Analog or Digital)equipment and services prior to on-site installation. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduit,wiring and devices for technical power to the AV systems equipment. • Provide reasonable accesses of AVI Systems personnel to the facilities during periods of installation, testing and training,including off hours and weekends. • Provide a secure area to house all installation materials and equipment. • Provide a project leader who will be available for consultation and meetings. • Provide timely review and approval of all documentation(Technical Reports, Drawings,Contracts,etc.). Acceptance Initials Customer Revised 030102 Pagel/f 2 CIO AVI EQUIPMENT LIST Q Attachment"B" ir DATE: August 6th,2004 Systems TO: City of Eden Prairie 8080 Mitchell)Road Eden Priarie, MN 55436 © 6271 Bury Drive, Eden Prairie,MN 55346 2867 104th St., Urbandale, IA 50322 ATTN: Pat Brink ` 8052 Flint St., Lenexa, KS 66214 PH: 952-949-8526 ` 5055 S. 111th,Omaha,NE 68137 FX: ` 1930 East Century Ave., Bismarck, ND 58501 MI 8140 Brentwood Industrial Dr.,St. Louis,MO 631 RE: Chamber Cameras Cust#: Notes: FROM: Ray Orieux 68c PH: 952-949-6033 FX: 952-949-6000 EQUIPMENT TOTAL : $ 22,156.00 ITEM SINGLE UNIT CONTRACT EXTENDED NO. MODEL NO. MANUFACTURER/DESCRIPTION QTY PRICE PRICE PRICE EQUIPMENT 1 BRC300 Sony 3CCD Mega Pixel P/T/Z Robotic color camera 3 $ 6,495.00 $ 5,942.00 $ 17,826.00 with cat5 quick connect box and mounting hardware 2 RMBR300 Remote control Unit for the BRC300 1 $ 1,500.00 $ 1,281.00 $ 1,281.00 3 EZG/18SE Shure 18"Cardiod Condenser Gooseneck 20 $ 218.00 $ 129.00 $ 2,580.00 4 60-487-02 Extron SW6SV Switcher 1 $ 750.00 $ 469.00 $ 469.00 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Acceptance Initials -Pricing Subject To Verification At Order Entry Page Customer -Terms Per ESC Or SIA -Freight And Taxes To Be Added Revised 30102 CI ( AVI Implementation Costs Attachment "C" Ale9 City of Eden Prairie 8080 Mitchell Road Systems Eden Prairie,MN 55436 +0MI► Pat Brink 952-949-8526 August 6,2004 • Engineering/CAD 854.00 • Project Management $ 570.00 • Cable Placement 9 684.00 • On Site Installation 9 2,394.00 • Cable/Connectors $ 881.00 • Materials/Hardware 9 202.00 • Travel/Per Diem Expenses 384.00 • TOTAL 9 5,969.00 Acceptance Initials Customer Revised 030102 Page/of 1 CI a AVI CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. K. Office of the City Manager/ Resolution Amending the Fee Resolution No. Finance Division 2003-172 Sue Kotchevar Requested Action Move to: Adopt the Resolution amending Resolution No 2003-172, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This Resolution raises the Water/Sewer Connection from $13,520 to $13,925 per single unit. This change was requested as part of the fee resolution process but was not updated from the previous year's fee resolution. Background The fee change reflects a three percent increase from the previous year amount of$13,520. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004 A RESOLUTION AMENDING RESOLUTION NO. 2003-172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to the Section, Building Inspections, be edited to read as follows: Water/Sewer Connection: A connection fee of$13,925 per single unit is applicable if the property has not participated in the cost of the utilities by other methods ADOPTED by the City Council of the City of Eden Prairie on this 17th day of August, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. L. Office of the City Manager Designation of Eden Prairie as WAFTA lead Finance Division agency and approve submittal of Federal EDA Sue Kotchevar grant application Requested Action Move to: • Approve designation of Eden Prairie as Western Area Fire Training Association's (WAFTA) lead agency for Federal EDA Grant; and • Approve submittal of EDA grant application for investigation into the magnitude and extent of contamination of land owned by WAFTA Synopsis The Western Area Fire Training Association(WAFTA) and the City of Eden Prairie, acting as the lead agency, are applying for a$242,500 grant from the Federal Economic Development Administration. The grant will be used to investigate and determine the magnitude and extent of contamination of land owned by WAFTA. Background WAFTA is a joint powers arrangement with eleven members including the City of Eden Prairie. WAFTA was formed for the purpose of providing a site for public safety training and WAFTA owns land near St. Bonifacious, Minnesota that was used for training. Previous owner of the site include the Department of Defense. The site is contaminated from WAFTA use but also from use by previous owners of the site. Congressman Kline sponsored Federal legislation to fund the grant for this project. The grant will be used to investigate and determine the magnitude and extent of contamination on the site. WAFTA wants to determine the nature and cost of the contamination, determine financial responsibility, clean the site, and sell the land. Attachments Grant Application Lead Agency Agreement 95 LEAD AGENCY AGREEMENT FOR ECONOMIC DEVELOPMENT ADMINISTRATION GRANT The Western Area Fire Training Association(WAFTA)hereby designates the City of Eden Prairie as its lead agent for the EDA Grant(Federal CFDA# 11-303) and Project of investigating environmental impacts and risks on the property owned by WAFTA. The lead agent is designated to act with full legal authority to bind WAFTA and to act as the official representative of WAFTA in connection with all actions necessary to complete the Project. The City hereby accepts the designation and position as lead agent for WAFTA. THE CITY OF EDEN PRAIRIE Mayor Title Date THE CITY OF EDEN PRAIRIE City Manager Title Date WAFTA President Title Date • • APPLICATION FOR version 7/03 FEDERAL ASSISTANCE 2.DATE SUBMITTED 8/2/04 Applicant IdentifieDUNS' #15-414-1951 • 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier Application Pre-application ' 0Construction Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ' • • , 0 Non-Construction Non-Construction - 5.APPLICANT INFORMATION Legal Name: Organizational Unit: ' • . City of Eden Prairie Department Office of the City Manager • • Organizational DUNS: 15-414-1951 Division: Finance ' Address: Name and telephone number of person to be contacted on matters Street • involving this application(give area code) 8080 Mitchell Road •• Prefix: Ms. First Name: Sue City: Eden Prairie Middle Name M. . County: Hennepin Last Name • Kotchevar State: MN • Zip Code 55344 Suffix: • . • Country: USA Email: skotchevar@eden rairie.org • 6.EMPLOYER IDENTIFICATION NUMBER(E1N): Phone Number(give area code) Fax Number(give area code) • Q©_E®EQ®0� • • (952) 949-8386 (952) 949-8383 .. . 8.TYPE OF APPLICATION: • • • 7.TYPE OF APPLICANT: (See back of form for Application Types) 0 New (III Continuation • 0 Revision 0 If Revision,enter appropriate letter(s)in box(es) • • • • (See back of form for description of letters.) h . 0 • Other(specify) N. Joint Powers • LI Other(specify) • . ' 9.NAME OF FEDERAL AGENCY: • . ' • . ! . . Economic Development Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: • , 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:The purpose o: .. ..• . . .,. a©_©D® the investigation is. to.. determine magnitude an( . TITLE(Name of Program): . • •. extent of soil, surface water and groundwater. . .12.AREAS AFFECTED BY PROJECT(Cities,Counties,States,etc.): impacts & resulting risk to human health & the environment.. due'to the known •soil-and::ground. See Attachment water contaminai-ion at the site. A state ' • 13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: • • Start Date: 4�1 04.'. Ending Date: 12 31 04 a.Applicant b.Project • Third Dist'. Second District • 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE 0 ORDER 12372 PROCESS? • - • a. Federal $ 242,500 'f° a.Yes.® THIS PREAPPLICATION/APPLICATION WAS MADE • AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 • ' • b.Applicant °° PROCESS FOR REVIEW ON ' c.State $ °° DATE: • • d.Local $ 26,944 °° b.No. En PROGRAM IS NOT COVERED BY E.O.12372 . ' - e.Other $ °U 0 OR FOR PROGRAMREVIEW HAS NOT BEEN SELECTED BY STATE.. f.Program Income $ °° 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? • g.TOTAL $ U° 0 Yes If"Yes"attach an explanation. Ea No . ' 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. • a.Authorized Representative • Prefix First Name Middle Name Last Name Suffix • • • . b.Title • c.Telephone Number(give area code) d.Signature of Authorized Representative • e.Date Signed• . Previous Edition Usable Standard Form 424(Rev.9-2003) • Authorized for Local Reproduction Prescribed by OMB Circular A-102 *required Response Action Plan will be developed based on the findings of the investigation. INSTRUCTIONS FOR THE SF-424 ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre-applications and applications submitted for Federal assistance.It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review the applicant's submission. Item: Entry: Item: Enty: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project.If more than one program is involved,you should append an explanation on a separate sheet.If appropriate(e.g.,construction or real property projects),attach a map showing project location.For • preapplications,use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency(or State if applicable) 12. List only the largest political entities affected(e.g.,State, and applicant's control number(if applicable). counties,cities). 3. State use only(if applicable). 13 Enter the proposed start date and end date of the project 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number. If this application is a continuation or affected by the program or project revision to an existing award,enter the present Federal Identifier number. If for a new project,leave blank. 5. Enter legal name of applicant,name of primary organizational unit 15 Amount requested or to be contributed during the first (including division,if applicable),which will undertake the funding/budget period by each contributor.Value of in kind assistance activity,enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet),enter the complete address of applicable.If the action will result in a dollar change to an the applicant(including country),and name,telephone number,e- existing award,indicate only the amount of the change.For • mail and fax of the person to contact on matters related to this • decreases,enclose the amounts:in parentheses.If both basic application. and supplemental amounts are included,show breakdown on an attached sheet.For multiple program funding,use totals . • and show breakdown using same categories as item 15. 6. Enter Employer Identification Number(EIN)as assigned by the 16. • Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC)for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review_process. 7. Select the appropriate letterin 17. This question applies to the applicant organization,not the the space provided. I. State Controlled person who signs as the authorized representative.Categories A. State • Institution of Higher of debt include delinquent audit disallowances,loans and B. County Learning taxes. • C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other(Specify) • H. Independent School O. Not for Profit District Organization 8. Select the type from the following list: 18 To be signed by the authorized representative of the applicant • "New"means a new assistance award. A copy of the governing body's authorization for you to sign, • "Continuation'means an extension for an additional this application as official representative must be on file in the funding/budget period for a project with a projected completion applicant's office.(Certain Federal agencies may require that date, this authorization be submitted as part of the application.) • "Revision"means any change in the Federal Government's financial obligation or contingent liability from an existing obligation.if a revision enter the appropriate letter: A.Increase Award B.Decrease Award C.Increase Duration D.Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. • 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424(Rev.7-97)Back FEDERAL ASSISTANCE 2.DATE SUBMITTED 8/2/04 Applicant Identifier DUNS' #15-414-1951 • 11.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier Application Pre-application CI Construction Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier In Non-Construction O Non-Construction ' 5.APPLICANT INFORMATION Legal Name: Organizational Unit: ' City of Eden Prairie Department Office of the City Manager Organizational DUNS: 15-414-1951 Division: Finance 1-Address: Name and telephone number of person to be contacted on matters Street involving this application(give area code) 8080 Mitchell Road ' Prefix: Ms� First Name: Sue City. Eden Prairie Middle Name M. County: Hennepin ;Last Name ' Kotchevar State: MN IZip Code 55344 Suffix: Country: USA .• 6.EMPLOYER IDENTIFICATION NUMBER(EIN): ©11-70EGI DEE (952) 949-8386 (952) 949-8383 8.TYPE OF APPLICATION: • ❑ New ❑ Continuation ® Revision C • If Revision,enter appropriate letter(s)in box(es) • (See back of form for description of letters.) Dher(specify) 1 �] N. Joint Powers ' ' I Other(specify) • .9.NAME OF FEDERAL AGENCY: r 1 Economic Development Administration • 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: • , 111.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:The purr se of . - • ... 133_5101-3 the investigation is, to. determine magnitu e anc . TITLE(Name of Program): extent of soil, surface water and groundu ter 12.AREAS AFFECTED BY PROJECT(Cities,Counties,States,etc.): impacts & resulting risk to human health the environment.. due•to the known soil••and..gro nd See Attachment water contamination at i-u p site. A . taf-P • • 13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: ' • Start Date: 4/1/04 Ending Date: 12/31/04 a.Applicant b.Project Third Dist'. Second Distric . 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE .ORDER 12372 PROCESS? • a. Federal $ 242,500 LJ" a.Yes.❑ THIS PREAPPLICATIONIAPPLICATION WAS MADE • AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 ' • b.Applicant • $ ... PROCESS FOR REVIEW ON • , • c.State $ . .. . DATE: • d.Local $ ... PROGRAM IS NOT COVERED BY E.O.12372 . b.No. ►41 e.Other $ °' ri D OR PROGRAM HAS NOT BEEN SELECTED BY STATE . FOR REVIEW f.Program Income $ w 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL $ °" 0 Yes If"Yes"•attach an explanation. Q$No • 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL.COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Authorized Representative • Prefix First Name Middle Name Last Name Suffix • b.Title • c.Telephone Number(give area code) d.Signature of Authorized Representative e.Date Signed • Previous Edition Usable Standard Form 424(Rev.9-2003 Authorized for Local Reoroduction Prescribed by OMB Circular A 10: *required Response Action Plan will be developed based on the findings of the investigation. 91 EXHIBIT 3.a. IFORM CD-511 UNITED STATES DEPARTMENT OF COMMERCE ' (7-91) • CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND . • OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS - AND LOBBYING . Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 2¢, "Govemmentwide • Debarment and Suspension(Nonprocurement)" and"Governmentwide Requirements for Drug-Free Workplace" and 15 CFR • Part 28, "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction,grant,or cooperative agreement. . • 1. DEBARMENT,SUSPENSION AND OTHER workplace and specifying the actions that will be taken RESPONSIBILITY MATTERS against employees for violation of such prohibition;. As required by Executive Order 12549, Debarment and (b) Establishing an ongoing drug-free awareness program • • ' Suspension, and implemented at 15 CFR Part 26, for to inform employees about— prospective participants in primary covered transactions, as • • defined at 15 CFR Part 26, Sections 26.105 and 26.110- (1) The dangers of drug abuse in the workplace; : (1) The prospective primary participant certifies to the best (2) The grantee's policy of maintaining a drug-free workplace; . • of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for (3) Any available drug counseling, rehabilitation, and em- debarment, declared ineligible, or voluntarily excluded from em- ployee assistance programs;and covered transactions by any Federal department or agency; (4) The penalties that may be imposed upon employees for • drug abuse violations occurring in the workplace;. • . (b) Have not within a three-year period preceding this . proposal been convicted of or had a civil judgment rendered (c) Making it a requirement that each employee to be en- against them for commission of fraud or a criminal offense in gaged in the performance of the grant be given a copy of the, ' '. connection with obtaining, attempting to obtain, or statement required by paragraph(a); • • . . performing a public (Federal, State or local) transaction or -. contract under a public transaction; violation of Federal or (d) Notifying the employee in the statement,required by • • State antitrust statutes or commission of embezzlement, paragraph (a) that, as a condition of employment under the • • theft, forgery, bribery, falsification or destruction of records, grant,the employee will— . . • - .. making false statements,or receiving stolen property; • (1) Abide by the terms of the statement; and (c) Are not presently indicted for or otherwise criminally or . civilly charged by a governmental entity (Federal, State or (2) Notify the employer in writing.of his or her conviction for - local)with commission of any of the offenses enumerated in a violation of a criminal drug statute occurring .in the paragraph(1)(b)of this certification;and workplace no later than five calendar days after such conviction; (d) Have not within a three-year period preceding this ap- (e) Notifying the agency in writing,within ten calendar days plication/proposal had one or more public transactions after receiving notice under subparagraph (d)(2) from an • : : (Federal,State or local)terminated for cause or default. • employee or otherwise receiving actual notice of such - conviction. Employers of convicted employees must provide • (2) Where the prospective primary participant is unable to notice, including position title, to the Director, Office of • certify to any of the statements in this certification, such Federal Assistance, Office of Federal Assistance and . prospective participant shall attach an explanation to this Management Support, HCHB Room 6054, U.S. Department . • proposal. of Commerce, Washington, DC 20230. Notice shall include • . the identification number(s)of each affected grant; ' 2. DRUG-FREE WORKPLACE REQUIREMENTS (f) Taking one of the following actions, within 30 calendar ' Alternate I. Grantees Other Than Individuals days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— As required by the Drug-Free Workplace Act of 1988, and • implemented at 15 CFR Part 26,Subpart F,for grantees, as (1) Taking appropriate personnel action against such an defined at 15 CFR Part 26,Sections 26.605 and 26.610- employee, up to and including termination, consistent with • . • • the requirements of the Rehabilitation Act of 1973, as A. The grantee certifies that it will or will continue to provide amended;or a drug-free workplace by: • (2) Requiring such employee to participate satisfactorily in a - (a) Publishing a statement notifying employees that the un- drug abuse assistance or rehabilitation program approved lawful manufacture, distribution, dispensing, possession, or for such purposes by a Federal, State, or local health, law use of a controlled substance is prohibited in the grantee's enforcement,or other appropriate agency; . ADMINISTRATION1PSG ELECTRONIC FORM - (r EXEIIBIT 3.a. (g) Making a good faith effort to continue to maintain a of Congress, or an employee of a Member of Congress in I drug-free workplace through implementation of paragraphs connection with the awarding of any Federal contract, the (a),(b), (c), (d), (e)and (f). making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and B. The grantee shall insert in the space provided below the the extension, continuation, renewal, amendment, or site(s) for the performance of work done in connection with modification of any Federal contract, grant, loan, or the specific grant: cooperative agreement. Place of Performance: (Street address, city, county, state, (2) If any funds other than Federal appropriated funds have • ZIP code): been paid or will be paid to any person for influencing or City of Eden Prairie, 8080 Mitchell Rd. attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, Eden Prairie, Mc 55344 — WAFTA or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, 5341 Maywood Rd, Mound, MN 55364 the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in Check ❑ if there are workplaces on file that are not iden- accordance with its instructions. tilled here. • (3) The undersigned shall require that the language of this Alternate II. Grantees Who Are Individuals certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, • As required by the Drug-Free Workplace Act of 1988, and and contracts under grants, loans, and cooperative agree- implemented at 15 CFR 26, Subpart F, for grantees, as • ments) and that all subrecipients shall certify and disclose. defined at 15 CFR Part 26,Sections 26.605 and 26.610- accordingly. A) The grantee certifies thaat, as a condition of the grant, he This certification is a material representation of fact upon ( (A• or she will not engage the unlawful manufacture, which reliance was placed when this transaction was made or entered into. Submission of this certification is a distribution, dispensing, possession, or use of a controlled • substance in conducting any activity with the grant; prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a (B) If convicted of a criminal drug offense resulting from a civil penalty of not less than $10,000 and not more than violation occurring during the conduct of any grant activity, $100,000 for each such failure. he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the Director, Office of Statement for Loan Guarantees and Loan Insurance • Federal Assistance, Office of Federal Assistance and Management Support, HCHB Room 6054, U.S. Department The undersigned states, to the best of his or her knowledge of Commerce, Washington, DC 20230. When notice is and belief,that: made to such a central point, it shall include the identification number(s)of each affected grant. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee 3. LOBBYING of any agency, a Member of Congress, an officer or em- ployee of Congress, or an employee of a Member of As required by Section 1352, Title 31 of the U.S. Code, and Congress in connection with this commitment providing for ' implemented at 15 CFR Part 28,for persons entering into a the United States to insure or guarantee a loan, the grant, cooperative agreement or contract over $100,000, or undersigned shall complete and submit Standard Form • - loan or loan guarantee over$150,000,as defined at 15 CFR LLL, Disclosure Form to Report Lobbying, in accordance Part 28, Sections 28.105 and 28.110, the applicant certifies with its instructions. that to the best of his or her knowledge and belief,that: Submission of this statement is a prerequisite for making or • entering into this transaction imposed by section 1352, title • (1) No Federal appropriated funds have been paid or will be 31, U.S. Code. Any person who fails to file the required paid, by or on behalf of the undersigned, to any person for statement shall be subject to a civil penalty of not less than influencing or attempting to influence an officer or employee $10,000 and not more than$100,000 for each such failure. • of an agency,a Member of Congress, an officer or employee As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). • NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ' FORM CD511(7.91) ADMINISTRATIONIIPSG ELECTRONIC FORM EXHIBIT 3.a. - I FORM CD-511 UNITED STATES DEPARTMENT OF COMMERCE (7-91) CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification'requirements under 15 CFR Part 2¢, "Governmentwide Debarment and Suspension(Nonprocurement)" and"Governmentwide Requirements for Drug-Free Workplace" and 15 CFR Part 28, "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction,grant,or cooperative agreement. • • • 1. DEBARMENT,SUSPENSION AND OTHER workplace and specifying the actions that will be taken RESPONSIBILITY MATTERS against employees for violation of such prohibition; As required by Executive Order 12549, Debarment and (b) Establishing an ongoing drug-free awareness program • Suspension, and implemented at 15 CFR Part 26, for to inform employees about— prospective participants in primary covered transactions, as defined at 15 CFR Part 26, Sections 26.105 and 26.110- (1) The dangers of drug abuse in the workplace; • (1) The prospective primary participant certifies to the best (2) The grantee's policy of maintaining a drug-free workplace; of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for (3) Any available drug counseling, rehabilitation,.and em- • debarment, declared ineligible, or voluntarily excluded from ployee assistance programs;and covered transactions by any Federal department or agency; • (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (b) Have not within a three-year period preceding this • proposal been convicted of or had a civil judgment rendered (c) Making it a requirement that each employee to be en- against them for commission of fraud or a criminal offense in gaged in the performance of the grant.be given a copy of the, connection with obtaining, attempting to obtain, or statement required by paragraph(a); performing a public (Federal, State or local) transaction or . contract under a public transaction; violation of Federal or (d) Notifying the employee in the statement,required by State antitrust statutes or commission of embezzlement, paragraph (a) that, as a condition of employment under the • theft, forgery, bribery, falsification or destruction of records, grant,the employee will— • making false statements,or receiving stolen property; (1) Abide by the terms of the statement;and • (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or (2) Notify the employer in writing of his or her conviction for • local)with commission of any of the offenses enumerated in a violation of a criminal drug statute occurring in the •• paragraph(1)(b)of this certification;and workplace no later than five calendar days after such c• onviction; • • •(d) Have not within a three-year period preceding this ap- (e) Notifying the agency in writing,within ten calendar days . plication/proposal had one or more public transactions after receiving notice under subparagraph (d)(2) from an • • (Federal,State or local)terminated for cause or default. employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide . • (2) Where the prospective primary participant is unable to notice, including position title, to the Director, Office of • certify to any of the statements in this certification, such Federal Assistance, Office of Federal Assistance and . prospective participant shall attach an explanation to this Management Support, HCHB Room 6054, U.S. Department • . . proposal. of Commerce, Washington, DC 20230. Notice shall include the identification number(s)of each affected grant; • 2. DRUG-FREE WORKPLACE REQUIREMENTS (f) Taking one of the following actions, within 30 calendar Alternate I. Grantees Other Than Individuals days of receiving notice under subparagraph (d)(2), with As required by the Drug-Free Workplace Act of 1988, and respect to any employee who is so convicted— implemented at 15 CFR Part 26, Subpart F,for grantees, as (1) Taking appropriate personnel action against such an defined at 15 CFR Part 26,Sections 26.605 and 26.610- employee, up to and including termination, consistent with • the requirements of the Rehabilitation Act of 1973, as A. The grantee certifies that it will or will continue to provide amended;or • ' a drug-free workplace by: (2) Requiring such employee to participate satisfactorily in a (a) Publishing a statement notifying employees that the un- drug abuse assistance or rehabilitation program approved • lawful manufacture, distribution, dispensing, possession, or for such purposes by a Federal, State, or local health, law use of a controlled substance is prohibited in the grantee's enforcement,or other appropriate agency; • ADMINISTRATIONIIPSG ELECTRONIC FORM EXHIBIT 3.b. ' Type of Federal Action: 2.Status of Federal Action: 3.Report Type ® a. CONTRACT E a. BID/OFFER/APPLICATION a.• INITIAL FILING . b. GRANT b. INITIAL AWARD h. MATERIAL CHANGE c. COOPERATIVE AGREEMENT . .c. POST-AWARD FOR MATERIAL CHANGE ONLY: d. . LOAN • - YEAR QUARTER a. LOAN GUARANTEE DATE OF LAST REPORT . ' f. LOAN INSURANCE Name and Address of Reporting Entity: ii. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of 0 PRIME D SUBAWARDEE ' • ' •TIER ,IF KNOWN: i mgressional District,if known: '3ongressional District,if known: I Federal Department/Agency 7.Federal Program Name/Description:- • - .•CFDA Number,if applicable: ' • Federal Action Number if known: 9.Award Amount if known: $ .. • . la. Name and Address of Lobbying Entity .. Individual Performing Services(including address if different from No. (If individual,last name, first name,MI) • - • 10A)(last name, first name,MI) • • - (attach Continuation sheets)SF LLL A,if necessary) • - . a. RETAINER $ actual planned b. ONE-TIME FEE • L Form of Payment(check all that apply): c. 'COMMISSION • ' - •Ha. cash - d. CONTINGENT FEE b, in-kind;specify: nature e, DEFERRED value f. OTHER;SPECIFY: . .. i•,Brief Description of Services performed or to be Performed and Date(s)of Service,including(Wier(s),employee(s),or Member(s)contacted,for . • • Payment indicated in Item 11: • (attach Continuation sheets)SF LLL-A, 5.Continuation Sheet(s)SF-LLL-A attached: ❑Yes ❑No 00 nN 1. Information requested through this form is authorized by title 31 U.S.C. - Signature: `////,,,�ttt /� section 1352. This disclosure of lobbying activities is a material repre- $ I J . sentation of fact upon which reliance was placed by the tier above when Printed War Cl� this transaction was made or entered into.This disclosure is required pur- ' suant to 31 U.S.C.1352. This information will be available for public Title: inspection. Any person who fails to file the required disclosure shall be - - subject to a civil penalty of not less than$10,000 and not more than Telephone - ' • • $100,000 for each such failure. i g ` �> � ? � .:.....�......' $ < � a K� « ;> tflF0lE':� y <? d{ � ` � � � �` � i' t ���: r?` �'''�`� c%Y ` i ??'$ % � ' � AUTHORIZE o FOR LOCAL REPRODUCTION f . . .. .... . r Standard For m-LLL CIO EXHIBIT 3.b. t. INSTRUCTIONS This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee",then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)performing services,and include full address if different from 10 9a). Enter Last Name, First Name, and Middle Initial(Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. if payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. In other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform,and the date(s)of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s)or employee(s) contacted or the officer(s), employee(s),or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name,title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503. EXHIBIT 3.b. • DISCLOSURE OF LOBBYING ACTIVITIES N/A Approved 46yOMB 0Complete this form to disclose lobbying activities pursuant to 31 U.S.C, 1352 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type ® a, CONTRACT El a. BID/OFFER/APPLICATION ® a. INITIAL FILING b. GRANT b. INITIAL AWARD b. MATERIAL CHANGE c. COOPERATIVE AGREEMENT c. POST-AWARD FOR MATERIAL CHANGE ONLY: d, LOAN YEAR QUARTER e. LOAN GUARANTEE DATE OF LAST REPORT f. LOAN INSURANCE 4.Name and Address of Reporting Entity: 5. If Reporting Entity in No.4.is Subawardee,Enter Name and Address of ElPRIME SUBAWARDEE TIER ,IF KNOWN: Congressional District,if known: • Congressional District,if known: 6.Federal Department/Agency 7.Federal Program Name/Description: • CFDA Number,if applicable: 8.Federal Action Number if known: 9.Award Amount if known: $ 10a. Name and Address of Lobbying Entity b. Individual Performing Services(including address if different from No. (If individual,last name,first name, MI) WA)(last name, first name,Ml) • • (attach Continuation sheets)SF LLL-A,if necessary) 11.Amount of Payment(check all that apply): 13.Type of Payment(check all that apply): $ actual planned a. RETAINER ... b. ONE-TIME FEE ' 12.Form of Payment(check all that apply): _ c. COMMISSION Ba. cash d. CONTINGENT FEE b. in-kind;specify: nature e. DEFERRED value f. OTHER;SPECIFY: 14.Brief Description of Services performed or to be Performed and Date(s)of Service,including offier(s), employee(s),or Member(s)contacted,for Payment indicated in Item 11: • • • • (attach Continuation sheets)SF LLL•A, n 15.Continuation Sheet(s)SF-LLL•A attached: Yes El No ' J 0 11. Information requested through this form is authorized by title 31 U.S.C. Signature: / section 1352. This disclosure of lobbying activities is a material repro- S sentation of fact upon which reliance was placed by the tier above when Printed Nar this transaction was made or entered into.This disclosure is required pur- suant to 31 U.S.C. 1352. This information will be available for public Title: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not more than Telephone $100,000 for each such failure. -''j✓:% 'G�..`�L. ':r%i:3�%X'�s` ...�'�#;tc�=;t'•i«':.>��S">•� •r t•:%�! �`; -�,:'"' - ,.••!y, r : ;,;.r fir'.Zy.` :;! ice.' I�T'..r.i�¢;;• : �-%;%;r3�;1:�;;�i"�='%�,:i!"!"% �:SRN,.f.•�:�: `':<�:�,•�:; �:'<• ><:�.r�9lp�;?yir�d>;✓`f-i:�1•;"•cAUTHORIZED FOR LOCAL REPRODUCTION r�%'%:iitY, f!•. q'.!:' � /':r. �j.%:.�,r ,{Nlr.'y,: ��''•..s>y��•:.,.:...:. " . ... ,. r - ''f%:f' :,r. ss^'fir`';;'.`u"� x;•a!,:,� r!i-.�:r _Standard Form•LLL 9c • • FORM teD•612 as.DEPARTMENT OF COMMERCE'NAME AND ADDRESS OF ORGANIZATION En*USE ONLY (nay.o•oz) Economic D°valopmendAdminlsiraUon URBANIZATION City of Eden Prairie _ PROJECT No: NO.ANDSTREET 8080 Mitchell Road z.oRCANIZATtioNls: CURRENT AND ESTIMATED • CITY ['APPLICANT ['OTHER PARTY • EMPLOYEE DATA Eden Prairie STATE AND ZIP 3.CURRENT TEMPORARY AND PART-TIME EMPLOYEES Mn 55344 TOTAL FEMALES MALES 4.CURRENT PERMANENT POSITIONS 6.NEW PERMANENT JOBS ESTIMATED TO BE CREATED AS A RESULT OF 6.PERMANENT JOBS TO BE SAVED • THIS PROJECT JOB CATEGORIES •see Job Am.rtoan' Black Native White Am.rkan Black Native Whits tile Total Total la!dale leCategoriee Sex pbyyas kan Klan ° HLatir o or oPar)t ar Ispanic Hawaiian ink° (sae' p E a �j an r As4n African Lamy_ 19,..lc H ibov_i) Employs.. Minor). (4Total Twat 0 ar Native American Wanda( O-.- Nallw Amrrican I=fi r origin above) OFFICIALS AND F 6 1 5 MANAGERS M 29 i 29 PROFESSIONALS F 9 19 M 13 1 12 - F 1 • 1 • TECHNICIANS - - — - • M 9 1 8 • _ _ _F SALES WORKERS - ' M • _OFFICE AND F 59 1 _58 _ (•� CLERICAL M 31 CRAFTSPERSON F 1 + 1 (SKILL!D) M 52 _ 52 _ OPERATIVES F 1 1 _ a (SEMISKILLED) M 2, 2 21 LABORERS F (UNSKILLED) M SERVICE F 14 1 13 WORKERS,OTHER M 49 1 1 47 TOTAL F - - - - - - - M _GRAND TOTAL 276 3 4 2 267 7.NAME OF LABOR MARKET AREA Total American Black or Hispania Native Hawaiian S.THIS FORM PREPARED BY(TAM Nam.) • Numhsr Femat. Indian or Asian African or or Mir Pacific - Alaskan Nally. Amails:VI Latino Islander • LABOR FORCE OF AREA % % % % X % (Typal Position) a II UNEMPLOYMENT OF AREA % % % % % % % (Dale and T.t.phon.Numb.t) II Authortz.d Organization Official; sy EMPLOYED/APPLICANT OR OTHER PARTY % % % % % . % (Txpad Nam.and Mt.) 2. DATE AND SOURCE OF LABOR MARKET DATA (Signature and Oats) m ' . • ./ . . . . . . . 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' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . , ..'' ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .••- .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . . . . . . .• . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .... . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . ,. . . .. . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . s . . . . . .. . . . . . . . . . . . . . . . . . . • L, BUDGET INFORMATION - Non-Construction Programs OMB Approval No.03178-0044 ,. ,,, : SECTION A;= BUDGET:SUMMARY. ; , - Grant Program Catalog of Federal Estimated Unobligated Funds New or Revised Budget Function Domestic Assistance or Activity Number Federal Non-Federal • Federal Non-Federal Total (a) (b) (c) (d) (e) (f) (9) Development $ ' $ $ $ $ 1• Tec:hnical Assistance 11-303 242,500 26,944 2. 3. 4. . 5. Totals $ $ $ $ $ 242,500 26044 944 ..::...: .... SECTION'B BUDGE T;CATEGORIES 6. Object Class Categories GRANT PROGRAM,FUNCTION OR ACTIVITY Total (1) (2) (3) (4) (5) a. Personnel $ $ • $ $ $ b. Fringe Benefits . c. Travel d. Equipment • e. Supplies • . • f. Contractual 242,500 - 26,944 g. Construction - •h. Other ' i.Total Direct Charges (sum of 6a-6h) • • j. Indirect Charges . • k.TOTALS (sum of 6i and 6j) $ 242,500 $ 26,944 $ $ $ 7. Program Income $ $ $ $ $ Authorized for Local Reproduction Standard Form 424A(Rev.7-97) Previous Edition Usable Prescribed by OMB Circular A-102 SECTION C-NON-FEDERAL.RESOURCES ::. (a) Grant Program •• (b)Applicant (c) State (d) Other Sources (e)TOTALS 8. • $ 2,000 $ 24,944 • 9. 10. . . 11. 12.TOTAL (sum of lines 8-11) $ 2,000 $ 24,944 SECTION.1? FOOCASTED,:CASH:.NEEDS • • , , • ,„,, "' ' ^ ; :zl . ' Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter ,4th Quarter 13. Federal . $ $ $ 269,444 14. Non-Federal • 15. TOTAL (sum of lines 13 and 14) • • $ $ 269,444 „ , , . • SECTIOR.E:PBUDOgT.ESTIM),TES,OrfEDRRALTUNDS NEEDED-fOR,E1:4.,1•ANCEOPTHPPROIECT ! . • - (a) Grant Program . FUTURE FUNDING PERIODS (Years) . .• (b) First (c) Second (d)Third (e) Fourth 16. 17. 18. 19. • 20.TOTAL (sum of lines 16-19) 4; SEUTIU,P1;Fi 9TH 13 f3UDPg:IINFOR 21.. Direct Charges: 22. Indirect Charges: • • 23. Remarks: Authorized for Local Reproduction Standard Form 424A(Rev.7-97)Page 2 ..S .., .. -'i v Cgiis: i;':..,:47' ',6 -. <°; : , y ,' ACTIQ IV �- -:.;O FEDERAL � . R CE5i; e. t. y . ,ii.;„,si e:' „,• • (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS 8. $ • 2,000 $ $ • 24,944 $ ' 9. • 10. 11. ., 12.TOTAL (sum of lines 8-11) • $ 2,000 $ $ 24,944 $ • ".. ># � w5�x ta': �r 3'Sa fir..x:r ( ,kj_ r w yyW.xk 4" Y ..- ::: kz �I.,.ii° 1.k.'}tom{ ). • .;.:;p,; 1h- :airl ,:v �ar,'.-: "fn � A":, A�+ � " S CTIQvP�.FC . GAST,ED: S G D ; ` ' '.. ;t, 1 : .,.:`.3a._ , , - •. ..7r:. ..`,:: , 'i. : .- Pf�:a� 4d �.�(�� a=� g r .,4:.,,,.,. � _:_.,.,. , �S:D=F xa ,'� 'l ^k, '�- K • : :: • Total fpr 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 13. Federal $ $ $ $ $ 269,444 14. Non-Federal 15. TOTAL (sum of lines 13 and 14) $ $, ' - • $ $ $ 269,444 .. . .:..: ... .ISMS+• �. .:,ro' / s�, '•' ; �*�r s �.�•:.•.,•.a�t4.>1 } µ�� ' 11� tee ue �� y . iv, . , 7"r:�� Qr S F p Ra UtDS N =D f Rr� Ab�^Q.F �ybl� fT ._.:, . . �+ Y �,,'4 ,. ....5.. ,... .. .,..°�S, , -?.,d7e: .>r',.,..• ..��,,1,s.••.>,ai• i.`: •;�<`; *,:9':i'•"cb�".::a .. . ,' ... J•... ,. .< .,'Y:., �1•le�xi i:.: .. .. .. � .. .l : Y.•.v:M1.` w;7, •..: .a.(a) Grant Program FUTURE FUNDING PERIODS (Years) • (b) First (c) Second (d)Third • (e) Fourth 16. . - $ $ • $ $ 17. 18. , 19: , • 20. TOTAL (sum of lines 16-19) $ $ $ $ . .._.:,..,_.:... _, n. ...a_.. ...-::cw•...^:^'...::. wy,. .y,..pq,,,.,�.;• Y:9"''tr.:, • ._.,,tt,,., per. . ...r:: . �:- ::::..:. i•:. ..: La.....• F `� � �,. ..L.iY,.�.: a� .t4. - .w Vr�> �.. .'�• y [ r, iI:.S ,�,? ::.!'i9w .ii$' '.I<. :Y.. .,::hT�;:-.`�j,; ,-;;,,.,,...._,:"•. ,A4 F.,.ai:-� ..,s. :,n"' 1.,� -v t,;;` .. .i. ,,.,4 ",':•.,:�F=, „yd, „6., sit �Y' ;x:. nFa0 "�:x 't ilt,„"^:y,3T' •.';e4,�r ,:�; •'A'` :rr ' ,ri.4, g•7 F 7';::.' r r ',if.G- :i't; ',N i s6M.y��..p,.,` .>� t :L .} ars .? k;,{, 'M- � , , 4'7''7.r•:. :'3' :r ri' M1fy'�,$ +fir. +sr � ': . i s x 7y .:.�` " t. iig 13U ET:'1N FO Fla.. ON0 fg 4,4, ......,.. :. ,,,,f � ti ,. ..�4h.. . x � .�. x,:t - "4<, :r;t .�:•' :^�;b:n: '"4ck ,�y. '�' r'A�4 �' w� ..t,J': iA::w, �' tf :Q. � " .'k°:€i ;3 '..s.,R•S"�•,Y' K,.)•e`�:iyh x.i �.„�,.§:�'i'. .M �yx!':,; ;•"k, :f"'•r,r'.....S.r. •-ff.M. '� :.C�.'.�t'�V. ri� .-♦r, 4,1,rr'.•Y:,���'?.'��,>�. ..t.':•r�.�ilir^2ii`:.,���>�,�.+,��,... ...k.:'.. ..,.....a.�?��:..<..�::... .. .�R+,Y�t.. .. .t. .. a.. � ,.�.�f'I' ..s. ... ... ..M'h?;f:". .. .. ..,�. .. -��1- Y•�%r�l �'. .. .. �J' 1 21-. Direct Charges: . - 22. Indirect Charges: . .• 23. Remarks: ' Authorized for Local Repro•duction Standard Form 424A(Rev.7-97)Page 2 J OMB Approval No.0348-0040 ASSURANCES -.NON-CONSTRUCTION PROGRAMS • • Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project (0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. • NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 of project cost) to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration (5 C.F.R. 900, Subpart F). whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) 1683, and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose the basis of sex; (c) Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 /oa 9. Will comply, as applicable,with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of . Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974(16 U.S.C. §§469a-1 et seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 et seq.) which Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133, and, (h), protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations,and policies governing this program. • SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back 9. Will comply, as applicable,with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of . Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted • construction subagreements. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation ..10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act.of recipients in a special flood hazard area to participate in the 1974(16 U.S.C. §§469a-1 et seq:). program and to purchase flood insurance if the total cost of . insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of . human subjects involved in research,development, and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 et seq.) which Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of " prohibits the use of lead-based paint in.construction or . • Federal actions to State (Clean Air) Implementation Plans • rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as • amended (42 U.S.C. §§7401 et seq.); (g). protection of 17. Will cause to be performed the required financial and • underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No. A-133, • and, (h); protection of endangered species under the • "Audits of States, Local Governments, and Non-Profit ' Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies governing this program. • • • • SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back ADDITIONAL ASSURANCES • EDA CAPACITY BUILDING GRANTS As the duly authorized representative of the applicant,I further certify that the applicant: 1. Will comply with applicable regulations regarding 7. Will comply with the reporting requirements indirect cost rates, if indirect costs are included in of the Government Performance and Results the application. Act (GPRA) of 1993 for measuring and reporting project performance. 2. Will comply with the requirement that this Federal • Assistance will not provide a proprietary benefit to 8. Applicable only to Section 203 Planning a private for profit individual, corporation, or other Verifies that a simple majority of the entity. counties/areas in the Economic Development District support the economic development 3. Will comply with EDA nonrelocation regulations activities of the organization. which generally prohibit use of EDA financial assistance to assist employers who transfer jobs from one commuting area to another. This includes an affirmative duty on the part of the applicant to inform EDA of any employer who will benefit from such assistance who will transfer jobs in connection with the EDA grant. Signature of Authorized Certifying Official • 4. If the applicant is a business enterprise, applicant agrees that for two years after award by EDA of a Title grant or sub-grant,applicant will not employ or offer any office or employment to, of retain for City of Eden Prairie professional services, any person who, on the date Applicant Organization the grant or sub-grant was offered, or within one • year prior to the date of offer, served as an officer, • attorney,agent or employee of EDA in a position or Date Submitted engaged in activities which EDA has determined involves discretion with respect to the granting of assistance under PWEDA. 5. Understands that attorneys' or consultants' fees, whether direct or indirect,expended for securing or obtaining EDA assistance for this application are not eligible costs. 6. Understands that conflicts of interest or appearances of conflicts of interest are prohibited and may jeopardize this application or result in the forfeiture of grant funds. A conflict of interest occurs, for example,where a representative,official,employee, architect, attorney, engineer or inspector of the applicant, or a representative or official of the Federal, State or local government,has a direct or indirect fmancial interest in the acquisition or furnishing of any materials,equipment or services to or in connection with the project. Page 9 /0 4 1 WAFTA MEMBER CITIES County Chanhassen,MN 55317 Carver/Hennepin Chaska,MN 55318 Carver Eden Prairie,MN 55344-4485 Hennepin Excelsior,MN 55331 Hennepin . Long Lake,MN 55356 Hennepin Maple Plain,MN 55359 Hennepin Mayer,MN 55360 . Hennepin • . Mound, MN 55364 •Hennepin • . . : . St.Bonifacious,MN 55375 Hennepin - Victoria,MN 55386 Carver . Watertown,MN 55388 Carver • • • • • 112721 /01 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 17,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: (I.C. #03-5595) ITEM NO.: VIII. M. Leslie Stovring,Public Works/ Monitoring Agreement for the Rain Garden Environmental Services at the Smith Douglas More House Requested Action Move to: Approve monitoring Agreement with Riley-Purgatory-Bluff Creek Watershed District for maintenance and monitoring of the Smith Douglas More House rainwater garden. Synopsis The Riley-Purgatory-Bluff Creek Watershed District has submitted a Monitoring Agreement for maintenance and monitoring of the rainwater garden at the Smith Douglas More House. The agreement references the proposal approved by the City Council on May 18,2004. The total proposed cost is $19,850. The Watershed District has agreed to cover 50%($9,925) of this cost. The Stormwater Utility Fund will be used to fund the remaining part of the project. Background Riley-Purgatory-Bluff Creek Watershed District has requested that the City enter into an agreement for the maintenance and monitoring contract for the rainwater garden at the Smith Douglas More House. The agreement includes the following tasks: • Order,purchase and install water level sensor,rain gage and datalogging equipment • Redesign and install a new outlet weir to enhance water level control • Collect data and inspect/maintain equipment bi-weekly from April through September • Review monitoring data throughout each year • Inspect and report on quality of plantings, including weed growth, disease and plant vigor • Maintain garden area, including spot mowing, spot spraying with herbicide and weed removal • Advise maintenance contractor when work or vegetation replacement is required The contract will extend through December 2006 at which time a final report will be submitted summarizing the data collected and recommendations for future work. Attachments • Agreement from Riley-Purgatory-Bluff Creek Watershed District /05 MONITORING AGREEMENT BETWEEN RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT, AND CITY OF EDEN PRAIRIE THIS AGREEMENT of August , 2004 is by and between the Riley Purgatory Bluff Creek Watershed District ("District") and the City of Eden Prairie ("City"), political subdivisions of the State of Minnesota. WHEREFORE, the District and the City, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK 1.01 The District shall complete all Work as described in the Memorandum dated May 3, 2004 attached as Exhibit A hereto, consisting of stormwater and vegetation monitoring at the historic Smith Douglas More House located at 8107 Eden Prairie Road, Eden Prairie, Minnesota 55346. 1.02 The stormwater monitoring consists of four tasks: 1) purchase and install monitoring equipment; 2) redesign the outlet weir to enhance water level control in the rainwater garden; 3) collect data and inspect/maintain equipment bi-weekly, and 4) review monitoring data throughout the year. 1.03 The vegetation monitoring consists of: 1) inspecting and reporting on the quality of plantings; and 2) maintenance. Article 2. CONTRACT TIMES 2.01 Substantial Completion and Time of the Essence A. The Work is to be performed during the years of 2004, 2005, and 2006 and will be substantially completed no later than December 31St, 2006. Timely and substantial completion of the Work is of the essence. Article 3. CONTRACT PRICE 3.01 The total cost of the stormwater and vegetative monitoring over the three year period is estimated to be Nineteen Thousand Eight Hundred and Fifty Dollars ($19,850.00). The City and District are each severally, not jointly, liable for fifty percent (50%) of the contract price. Notwithstanding any other provision in this agreement, the Contract Price shall not exceed $19,850.00, unless otherwise authorized by the City and the District in writing in advance of the Work. The Work authorized and approved by the City and District to date is set forth below: Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Blz ff Creek Watershed District City of Eden Prairie August 2004 Page 1 of 7 Estimated Project Costs TABLE 1 Task Hours Billing Rate Cost MAY 2004 Labor Assess site 2 80 160 Order equipment/purchase hardware 4 80 320 Install and program equipment 18 80 1,440 Redesign and install new outlet weir 10 80 800 Labor Subtotal 34 $ 2,720 Equipment Rain gage equipment 800 Water level sensing equipment 2,300 Hardware 400 Equipment Subtotal $ 3,500 May 2004 SUBTOTAL $ 6,220 Task Hours Billing Rate Cost JUNE 2004 through DECEMBER 2004 Labor Collect data/inspect equipment(7 visits) (1) 14 80 1,120 Collect data/inspect equipment AND inspect plantings 8 80 640 (4 visits June—Sept.) Maintain equipment(2 visits) 6 80 480 Manage data( 11 reviews)(1) 12 80 960 Write 2—3 vegetation status reports 3 80 240 Labor Subtotal 43 $ 3,440 Equipment(maintenance) $ 50 Landscape Maint. Contractor(3 visits @ $ 600 $200/visit) May 2004 subtotal (from prior table) $6,220 2004 TOTAL $10,310 Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 2 of 7 /07 Estimated Project Costs - Continued JANUARY 2005 through DECEMBER 2005 Collect data/inspect equipment(11 annual visits) (2) 16 80 1,280 Collect data/inspect equipment AND inspect plantings (6 visits April—Sept.) (2) 9 80 720 Maintain equipment(4 annual visits) 8 _ 80 640 Manage data(17 annual reviews)(2) 12 80 960 Write 3 —4 vegetation status reports 4 80 320 Labor Subtotal 49 $ 3,920 Equipment(maintenance) $ 50 Landscape Maint. Contractor (3 visits @ $ 800 $200/visit) 2005 TOTAL $ 4,770 JANUARY 2006 through DECEMBER 2006 Collect data/inspect equipment(24 annual visits) (2) 16 80 1,280 Collect data/inspect equipment AND inspect plantings 9 80 720 (6 visits April—Sept.) (2) Maintain equipment(4 annual visits) 8 80 640 Manage data(30 annual reviews) (2) 12 80 960 Write 3 —4 vegetation status reports 4 80 320 Labor Subtotal 49 $ 3,920 Equipment(maintenance) $ 50 Landscape Maint. Contractor (3 visits @ $ 800 $200/visit) 2006 TOTAL $ 4,770 GRAND TOTAL 2004 through 2006 $19,850 Article 4. PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments A. The District shall advance all of the approved costs and the City shall reimburse the District annually for fifty percent (50%) of the contract cost for which the City is liable under Section 3.01 of this Agreement. Reimbursement by the City will be based on the time and materials invoice submitted by the District to the City in December of each year. To receive • any payment under this Agreement, the invoice or bill must include the following signed and dated statement, "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 3 of 7 Article 5. INDEMNIFICATION 5.01 Indemnification and Hold Harmless A. The City and District shall defend, indemnify and hold each other harmless, including their officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the performance of stormwater and vegetation monitoring, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting there from and is caused in whole or in part by any negligent act or omission or willful misconduct of the District or the City. 5.02 Insurance A. The City and the District shall maintain commercial general liability insurance in the following amounts during the term of this Agreement: General Aggregate (other than Products/Completed Operations Liability) $1,000,000.00. Products/Completed Operations Aggregate $1,000,000.00. Personal and Advertising Injury Liability $1,000,000.00. The City of Eden Prairie must be listed as an additional insured on the District's policy. B. The City and District shall maintain Employers Liability Insurance in the following amounts during the term of this Agreement: Bodily Injury by Accident- $100,000.00 each accident Bodily Injury by Disease- $500,000.00 policy limit Bodily Injury by Disease - $100,000.00 each employee C. The District represents and warrants that it will require its subcontractors to maintain during the performance of this Agreement, workers' compensation insurance coverage required pursuant to Minn. Stat. § 176.181, Subd. 2. Article 6. MISCELLANEOUS 6.01 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 4of7 103 sought to be bound. No assignment will release or discharge the assignor from any duty or responsibility under the Contract. 6.02 Successors and Assigns A. The City and the District each bind themselves, their agents, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 6.03 Severability A. Any provision or part of this Agreement or the Memorandum dated May 3, 2004 attached as Exhibit A hereto ("Contract Documents"), held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and District, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.04 Termination A. Both the City and the District reserve the right to cancel this Agreement at any time in the event of default or violation by the other of any provision of this Agreement, or for any reason(s) within the City's or District's sole discretion, upon sixty(60) days written notice to the other party. Either the City or the District may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 6.05 Governing Law/Entire Agreement A. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the parties. 6.06 Examination of Books,Records, ETC. As provided by Minn. Stat. § 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six (6) years from final payment. Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 5 of 7 /1Q 6.07 Discrimination. In performance of this Agreement, the District shall not discriminate on the grounds of, or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the District, any subcontractor of the District, or any applicant for employment. The District shall include a similar provision in all contracts with subcontractors to this Agreement. The District further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans With Disabilities Act of 1990. 6.08 Contracting Parties Prompt Payment of Subcontractors. The District shall pay any subcontractor within ten (10) days of the District's receipt of payment from the City for undisputed services provided by the Subcontractor. 6.09 Governing Law/Entire Agreement. A. The laws of the State of Minnesota govern this Agreement, which is the entire Agreement between the parties and supercedes any prior discussions, agreements, or understandings of the parties. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 6 of 7 II/ IN WITNESS WHEREOF, City and the District have signed this Agreement in duplicate. An original has been delivered to both parties. Date: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its: Mayor Date: CITY OF EDEN PRAIRIE By: Scott H.Neal Its: City Manager Date: RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By: Perry Forster Its: President Smith-Douglas-More House Monitoring Agreement Riley-Purgatory-Bluff Creek Watershed District City of Eden Prairie August 2004 Page 7 of 7 ! CITY COUNCIL AGENDA DATE: August 17,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Eugene A. Dietz, Public Approve Maintenance Agreement with Honeywell Works/Utilities for Automation and Control Systems for the Water Utility Requested Action Move to: Approve Maintenance Agreement with Honeywell for maintenance of the automation and control systems for the Water Utility in an amount of$40,320.00 for the first year and a second year option for $41,664.00. Synopsis This Agreement will continue a long-term relationship with Honeywell for preventative maintenance and repair of the automation and control systems in the Water Utility. The two-year agreement will be in effect from September 1, 2004 and run through August 31, 2006. Background Information Over the years,we have utilized other vendors to perform the preventative maintenance and repairs to our control systems at the Water Plant with mixed success. Honeywell has provided both the stability and prompt service delivery that is extremely valuable in the operation of the Water Utility. Staff recommends approval of the two-year extension for Honeywell to perform the maintenance to our control systems. Attachments Agreement 113 Honeywell 7171 Ohms Lane Edina,MN 55439 August 6,2004,2004 Eden Prairie Utilities Utilities Div 14100 Technology Dr Eden Prairie,MN 55344-2260 Reference Honeywell Hardware Maintenance Agreement Number:9522 Attn:Ed Sorensen Thank you for selecting Honeywell as your Industrial Control service provider. Please refer to your Hardware Maintenance Agreement Number:9522(and associated PO#14063 provided for billing purposes),which expires on 8/31/2004. In order to support your business and continue uninterrupted service to you,Honeywell requests that Eden Prairie Utilities provide one of the following forms of agreement for renewal as soon as possible. • This signed Notice of Change • A new purchase order(for billing purposes)for the revised annual price,referencing the Honeywell Service Agreement indicated above. • An approved extension to your existing purchase order,referencing the Honeywell Service Agreement indicated above. NOTICE OF CHANGE TO SERVICE AGREEMENT Reason For Revision: Renewal for the period of 9/1/2004 through 8/31/2005(Option to renew for 2 years) 9/1/04-8/31/05 9/1/05-8/31/06 CURRENT ANNUAL PRICE: $ 40,320. $ 41,664. PRICE OF CHANGE: $ +1,344. $ 0. REVISED ANNUAL PRICE: $ 41,664. $ 41,664. Invoice will be issued quarterly for: $ 10,416. OPTION —Initial box for 2-year renewal period. Above price will be held for 2nd year based upon no changes in system's hardware configuration. Prompt return of this Notice of Change assures continuation of your Honeywell Service Agreement without interruption. You may fax a copy of this Notice of Change to Service Agreement to me at(952)830-3748. Please complete the billing address and tax certificate fields below if you have any changes to make. Standard terms of payment are Net 30 upon presentation of Honeywell's invoice,which is issued in advance of the renewal date. We are most appreciative of the opportunity to serve you. Please contact your Field Service Manager,Mark Okey at(952)830- 3594,or me at(952)830-3636,if you wish to discuss the renewal of your service agreement or require further information. Sincerel , Q a rut Dana Miron Renewal Specialist Customer Signature: Date: New Purchase Order Number: Bill To Address: Tax certificate#&exempt description(if applicable): Do not write below this line** 1y Customer:Eden Prairie Utilities Agreement:9522 Project#: 47574 Anniversary: 09/01/04 Item Qty Description 001 1 Ea. SCADA (Supervisory Control And Data Acquisition) 1. System maintenance and troubleshooting of the SCADA Control System,located at the Water Treatment Facility,is included in this agreement. 2. System engineering and database configuration changes can be made through the service agreement. Any changes must have prior approval from the City of Eden Prairie Utilities Superintendent. All changes will be documented and kept on file in the,Water Treatment Facility Control Room. 3. Honeywell will schedule three days per month in support of SCADA System preventative Maintenance and Database Management of monthly file backups. 4. Honeywell shall provide corrective service during the base PPM at no additional charge. Honeywell will provide this with all reasonable promptness within twenty-four(24)hours of notification. 5. Customer is responsible for all replacement hardware and software upgrades necessary for system operation. GIs CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. O. George Esbensen Fire Department Award Bid for New Rescue Pumpers Requested Action Move to: Approve the purchase of three new Top Mount Rescue Pumpers (fire trucks) from E- One Manufacturing in the amount of$1,124,400. Synopsis This item was budgeted for under the CIP program for 2004/2005. These vehicles will replace current trucks Engine#2 and Engine#3, with the third to serve as a new apparatus for Station 4 once it is built. Background Information Fire department personnel and fleet services staff worked collaboratively to develop a vehicle specification. Sealed bids were advertised for with an opening date of July 26, 2004 at 2:00 p.m. Bids were received from four qualified suppliers. Upon review by fire department staff it was determined that the lowest bid represented a vehicle that met the intent of the specification and should be awarded to E-One, Inc. The current CIP calls for replacement of three additional engines over the next three years. E- One has agreed to honor its pricing through the current 2008 CIP schedule with the understanding that any increases in cost will be limited to no more than 3 percent per year,plus whatever NFPA,EPA or regulatory requirements become mandatory. 116 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. P. Robert A. Lambert,Director of License Agreement for Real Life Parks and Recreation Cooperative Garden Plots on City Department Property Requested Action Move to: Approve the License Agreement to allow Real Life Cooperative to utilize Garden Plots on City park land as outlined on a drawing referred to as Exhibit A, subject to the terms of the License Agreement. Synopsis Real Life Cooperative developed two community garden plots on their property for use by residents of Real Life Cooperative. The garden plots have been so popular they are requesting the City to authorize expansion of their garden plots onto City park land. The Cooperative would, at its sole cost and expense, develop and maintain the garden plots in good order and repair. The garden plots would be made available to the Cooperative residents on a priority basis during the first thirty days of their reservation period. Those garden plots which residents of the Cooperative have not reserved would be available for bid by citizens of the City after that time period according to the license agreement terms. This would be the third designated area of community garden plots on City park land, or City leased land. Attachments License Agreement Drawing—Exhibit A I I1- License Agreement This Agreement is made and entered into this day of , 2004, by and between the City of Eden Prairie, Minnesota, having its principal place of business at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "City"), and Real Life Cooperative, having its principal place of business at (hereinafter referred to as the "Cooperative"). WITNES SETH: WHEREAS, the City is the owner of the parcel of land(hereinafter referred to as the "Land") known as located at ; and WHEREAS, the City has agreed to allow the Cooperative to utilize garden plots on the land outlined on the drawing attached hereto as Exhibit A(hereinafter referred to as the"Garden Plots") subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the sum of$ , and other good and valuable consideration paid by the Cooperative, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of License. Subject to the provisions of this Agreement,the City hereby grants to the Cooperative a license(hereinafter referred to as the"License") to use and maintain the Garden Plots on the Land. 2. Term of License. The term of this License(hereinafter referred to as the"Term") shall commence on the date hereof and continue thereafter until termination as hereinafter provided. 3. Termination. The License may be canceled by written notice to the Cooperative mailed to it by registered mail, return receipt requested, at its address as stated above, and upon the expiration of thirty(30) days from the date of receipt of the notice, this License shall terminate. 4. Title. The Cooperative certifies, represents, and declares that it has no title in and to the Land of the City nor to any portion thereof and has not, does not, and will not claim such title nor any easement over the Land of the City. 5. Bidding Time. The residents of the Cooperative shall have thirty(30)days from the date of this Agreement to bid on the Garden Plots. After the expiration of thirty(30) days, those Garden Plots on which the residents of the Cooperative have not bid shall be available for bid by the citizens of the City. 6. Development and Maintenance. The Cooperative shall, at its sole cost and expense, develop and maintain the Garden Plots in good order, repair and JY �� condition and promptly make all repairs and replacements thereto as may be necessary or appropriate. The Cooperative's obligation to develop and maintain the Garden Plots extends to any work necessary at the beginning and end of each growing season. All such work required pursuant to this Paragraph 6 shall be performed by the Cooperative at its sole cost and expense. 7. Alterations. The Cooperative shall not alter the size or location of the Garden Plots at any time during the Term without the express written consent of the City, other than those alterations consistent with the development and maintenance of the Garden Plots. 8. Indemnity. The Cooperative shall and hereby does indemnify, defend, and hold harmless the City and its respective officers, commissioners, members, employees, consultants and agents for any losses, liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and costs, that may arise or result from any personal injury to any person who enters upon or uses the Garden Plots, and from any loss of or damage to property located on, brought to, or left at the Garden Plots. 9. License Only. This License shall be deemed to create only the relationship of licensor-licensee between the parties and shall, in no event, be deemed to create any other relationship, including, without limitation, landlord-tenant, principal- agent, master-servant, employer-employee or partner joint venturer. 10. "As is". The Garden Plots are made available to the Cooperative in its "as is" condition on the commencement date of the Term. The Cooperative has inspected the same and is satisfied with their condition. 11. Additional Documentation. At all times, the parties hereto agree to execute and deliver, or to cause to be executed and delivered, such documents and to do, or cause to be done, such other acts and things as might reasonably be required in order to confirm or effectuate the provisions of this Agreement. 12. Notices. Any notice, demand or other communication which any party hereto may wish or is required to send to the other party hereto under or pursuant to the provisions of this Agreement shall be in writing and sent either by telefax to the City(at ) or to the Cooperative(at ), or by registered or certified mail, return receipt requested, in a properly sealed envelope, postage prepaid and addressed to the party for which such notice, demand or other communication is intended at such party's address as set on the first page of this Agreement. 13. Applicable Law. This Agreement shall be governed by the laws of the State of Minnesota. I 14. Binding Effect. This Agreement will be binding upon execution by both parties. 15. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 16. Paragraph Headings. Paragraph or other headings contained in this Agreement are for reference purposes only and are not intended to affect in any way the meaning or interpretation of this Agreement. 17. No Representations or Warranties. There are no representations and warranties by the parties, their agents, servants and employees whether oral or in writing, relating to or concerning this Agreement other than as specifically set forth herein. Each of the parties hereto warrants and represents to the other that it is authorized or empowered to enter into this Agreement and perform the terms hereof. 18. No Assignment. The Cooperative may not assign this Agreement without written consent of the City. 19. Modification. This Agreement may not be modified, amended or discharged except by an instrument in writing signed by the parties hereto. No waiver or consent may be enforced unless such waiver or consent shall be in writing and signed by the party against whom enforcement thereof is sought. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior written and oral agreements and understanding relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed on their behalf by their duly authorized officers on the date first above written. CITY OF EDEN PRAIRIE: By Date: Its Mayor ; and By Date: Its City Manager REAL LIFE COOPERATIVE By Date: Its I -,:.* ',,, ,A.—.11P,Mair.,.., •'' t . '- •-4,,, T..'ilz-r,-24`, jit . . ..111111014-, ; iti. `ir n ' N. al '-- . t Ir.... by& ,• . • A.: . 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'. ..S. : •..-Asl • 0 _ • et; (") •. •e-ave , . ?..A.4. ,, 1 V-2.r4... cyi — a • I...L.. ! 4.'...8-.,• A ;, •t.• • 8 .4 w 4.. 8 r i •„ • .• Al.0_.0. , • .1„, * 41ii, ? . ••• -.4 0 r,.• • -: .4. ...?4:-'. 1 , ,.........— ,i,.", ...,,,,, • , ,.......,J,• ,. . . re`,' g• .,....,..,,,, 1.• .- -, - , ,..,.: .• ..,• • -.... .,. . . • . ...,.,.. , :.4, ••,.. , .., • ‘ ?• ,, ... ...... . • , le, c.,....:, . . • : • .. A 0 ' . • ,,,, ) ; ..'. •-_ . __ r , • • a) I— . • (10$, • • m . • - Z , =•• . , va r - _ . S. ) ,..: • . . r-- NM 0 ril • . g".' / ,I Cr 1 • )."• tt'- CITY COUNCIL AGENDA DATE: August 17,2004 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. A. Michael D. Franzen, Amendment to Section 11.45 entitled Community Development/ "Floodplain Code Amendment" Planning Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Section 11.45 regarding Floodplain Regulations. Synopsis FEMA (Federal Emergency Management Agency) is requiring all Cities to adopt new flood plain maps and modifications to existing flood plain regulations. Background Information The Community Planning Board voted 5-0 to recommend approval of the code change at the July 12, 2004 meeting. The new regulations and the existing regulations are similar for reviewing and obtaining permits for fill in the flood plain. The new ordinance includes the following. • New or amended definitions. • Clarification of reasons for granting variances and non conformities. • Notification requirements to the DNR and FEMA. • Adopting, by reference, new flood plain maps. The floodplain is in the same location on the new maps. The new maps show most of the City streets which make it easier to determine if a lot is in the flood plain. The City needs to adopt the new regulations and maps in order for residents and businesses to be eligible for flood insurance. Second reading is under Petitions and Requests. Attachments 1. Ordinance for Floodplain Regulations 2. Community Planning Board Staff Report dated July 12, 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.45 RELATING TO FLOOD PLAIN REGULATIONS 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. City Code Section 11.45 is amended to read as follows: SECTION 11.45 FLOOD PLAIN REGULATIONS Subd.1. Statutory Authorization,Purpose, and Disclaimer. The Legislature of the State of Minnesota has,in Minnesota Statutes Chapters 103F delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City does ordain as follows: A. Statement of Purpose. The purpose of this Section is to maintain the City's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life,loss of property,health and safety hazards,disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain district or land uses permitted within such district will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decisions lawfully made thereunder. C. National Flood Insurance Program Compliance. This Section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the city's eligibility in the National Flood Insurance Program. Subd.2. General Provisions A. Adoption of Flood Insurance Study and Flood Insurance Rate Map. The Flood Insurance Study,Volume 1 of 2 and Volume 2 of 2,Hennepin County,Minnesota,All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0319 E,27053C0338 E, 1 3 27053C0339 E, 27053C0343 E, 27053C0344 E,27053C0410 E, 27053C0420 E, 27053C0430 E, 27053C0432 E,27053C0434 E,27053C0435 E, 27053C0440 E, 27053C0442 E, and 27053C0445 E for the City, dated September 2,2004, as developed by the Federal Emergency Management Agency, are hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this Section. B. Lands to Which Ordinance Applies. This Section shall apply to all lands designated as flood plain within the jurisdiction of the City. Flood plain areas within the City shall encompass all areas designated as Zone A, Zone AE,Zone AO, or Zone AH as shown on the Flood Insurance Rate Map adopted in Subd. 2. A. of this Section. • C. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. When interpretation is needed as to the exact location of the boundaries of the flood plain district, the City Engineer shall make the necessary interpretation based on the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance and the regional(100- year) flood profile,if available. If 100-year flood elevations are not available,the City shall: 1)Require a flood plain evaluation consistent with Subd. 5.0 of this Section to determine a 100-year flood elevation for the site; or 2)base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain. Subd. 3. Definitions. A. Unless specifically defined below,words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application. 1. Accessory Use or Structure- a use or structure on the same lot or parcel of land with, and of a nature customarily incidental and subordinate to,the principal use or structure. 2. Basement-means any area of a structure, including crawl spaces,having its floor or base subgrade(below ground level) on all four sides,regardless of the depth of excavation below ground level. 3. Flood Fringe-that portion of the flood plain outside of the floodway. 4. Flood Plain-the channel or beds proper and the areas adjoining a wetland, lake or watercourse that has been or hereafter may be covered by the regional flood. Flood plain areas within the City of Eden Prairie shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone Ali on the Flood Insurance Rate Map adopted in Subd. 2.A. of this Section. 5. Flood Plain District—those areas constituting the flood plain. 6. Floodway-the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge. 7. Lowest Floor—the lowest floor of the lowest enclosed area(including basement). 8. Manufactured Home—a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home"does not include the term"recreational vehicle." 9. Obstruction- any dam,wall,wharf, embankment,levee, dike,pile, abutment, projection, excavation,dredged spoil,channel modification, culvert,building, wire, fence, stockpile,refuse, fill, structure, stockpile of sand or gravel or other material,or matter in, along, across,or projecting into any channel,watercourse, lake bed, or flood plain which may impede,retard,or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 10. Recreational Vehicle—a vehicle that is built on a single chassis,is 400 square feet or less when measured at the largest projection,is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. For the purposes of this Section,the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. 11. Regional Flood-a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence inter%al. Regional flood is synonymous with the term"base flood" used on the Flood Insurance Rate Map. 12. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 13. Structure-anything constructed or erected on the ground or attached to the ground or on-site utilities,including,but not limited to,buildings, factories, sheds, detached garages, cabins,manufactured homes,travel trailers/vehicles not meeting the exemption criteria specified in Subd. 13.A of this Section and other similar items. /;5 14. Substantial Damage—means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 15. Substantial Improvement—within any consecutive 365-day period, any reconstruction,rehabilitation(including normal maintenance and repair),repair after damage, addition,or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the improvement. This term includes structures that have incurred"substantial damage,"regardless of the actual repair work performed. The term does not,however,include either: (a) Any project for improvement of a structure to correct existing violations of state or local health,sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an"historic structure,"provided that the alteration will not preclude the structure's continued designation as an"historic structure." For the purpose of this Section, "historic structure"shall be as defined in Code of Federal Regulations,Part 59.1. Subd.4. General Compliance A. The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the City. The uses permitted in Subd. 5. of this Section shall be permitted only if not prohibited by any established,underlying zoning district. The requirements of this Section shall apply in addition to other legally established regulations of the City and where this Section imposes greater restrictions,the provisions of this Section shall apply. B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended,converted,repaired,maintained, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 5 shall be prohibited. C. New manufactured homes,replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Section. D. Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Section and specifically Subd. 10; and E. As-built elevations for elevated structures must be certified by elevation surveys as stated in Subd. 8 of this Section. Subd. 5. Permitted Uses,Standards, and Flood Plain Evaluation Criteria A. Permitted Uses in the Flood Plain. The following uses of land are permitted uses in the flood plain district: 1. Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure(including a fence)or an obstruction to flood flows such as fill, excavation,or storage of materials or equipment. 2. Any use of land involving the construction of new structures, a fence,the placement or replacement of manufactured homes,the addition to the outside dimensions of an existing structure(including a fence)or obstructions such as fill or storage of materials or equipment,provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Subd. 4.B of this Section and the flood plain evaluation criteria in Subd. 4.0 of this Section for determining floodway and flood fringe boundaries. B. Standards for Flood Plain Permitted Uses. 1. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap,vegetative cover or other acceptable method. The Federal Emergency Management Agency(FEMA)has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation-FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2. Storage of Materials and Equipment: (a) The storage or processing of materials that are,in time of flooding, flammable, explosive,or potentially injurious to human, animal,or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. 3. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 4. All structures,including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor,including basement floor,is at or above the regulatory flood protection elevation. The finished I LT+ fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15'beyond the limits of the structure constructed thereon. 5. All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Community Planning Board. In granting a variance,the Community Planning Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. 6. Commercial and Manufacturing Uses. Accessory land uses, such as yards,railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth(in feet)times velocity(in feet per second)the product number exceeds four(4)upon occurrence of the regional flood. 7. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2)New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. 8. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include,but are not to be limited to,use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. C. Flood Plain Evaluation 1. Upon receipt of an application for a permit for a use or other approval within the Flood Plain District,the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe. pP7 (a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan(surface view) showing elevations or contours of the ground,pertinent structure, fill, or storage elevations,the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (c) Photographs showing existing land uses,vegetation upstream and downstream, and soil types. (d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. The applicant shall be responsible to submit one copy of the above information to the City Engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources'Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council,prior to official action,may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Depa'liwient of Natural Resources or the Community Planning Board for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this Section. /27 Subd. 6. Utilities,railroads, roads and bridges in the flood plain district All utilities and transportation facilities, including railroad tracks,roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 -6120.6200. Subd. 7 Subdivisions A. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the Council for reason of flooding, inadequate drainage, and water supply or sewage treatment facilities. The Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. B. In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. 5.C.1 of this Ordinance. The Council shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subds. 5.B, 5.C, and 6 of this Ordinance. C. For all subdivisions in the flood plain,the floodway and flood fringe boundaries,the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. D. Removal of Flood Plan Designation: The Federal Emergency Management Agency (FEMA)has established criteria for removing flood plan designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of flood plan designation will be requested. Subd. 8. Administration A. Permit Required. A Permit issued by the Chief Building Official shall be secured prior to the erection, addition,modification,rehabilitation(including normal maintenance and repair), or alteration of any building or structure or portion thereof;prior to the use or change of use of a building or structure; prior to the construction of a dam, fence, or on- site septic system, prior to the change or extension of a nonconforming use, prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain. /30 B. State and Federal Permits. Prior to granting a permit or processing an application for a variance,the City Engineer shall determine that the applicant has obtained all necessary state and federal permits. C. Certification of Lowest Floor Elevations. The applicant shall be required to submit certification by a registered professional engineer,registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The City Engineer shall maintain a record of the elevation of the lowest floor(including basement) for all new structures and alterations or additions to existing structures in the flood plain district. D. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency(FEMA). E. Notification to FEMA when physical changes increase or decrease the 100-year Flood Elevation. As soon as is practicable,but not later than six (6)months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Subd. 9. Variances A. A variance means a modification of a specific permitted development standard required in an official control including this Section to allow an alternative development standard not stated as acceptable in the official control,but only as applied to a particular property for the purpose of alleviating a hardship,practical difficulty or unique circumstance as defined and elaborated upon the City's respective planning and zoning enabling legislation and this Section. B. The Community Planning Board may authorize upon appeal in specific cases such relief or variance from the terms of this Section as will not be contrary to the public interest and only for those circumstances such as hardship,practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities. In the granting of such variance,the Community Planning Board shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Section, any other zoning regulations of the City, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: /31 C. Variances shall not be issued by the City within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon(i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances from the provisions of this Section may be authorized when the Community Planning Board has determined the variance will not be contrary to the public interest and the spirit and intent of this Section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. G. The Community Planning Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten(10) days of such action. H. Appeals. Appeals from any decision of the Community Planning Board may be made as specified in Chapter 11. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Subd. 10. Nonconformities A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions. Historic structures, as defined in Subd. 3. A. 15 (b) of this Section, shall be subject to the provisions of Subd. 10.A.1.-4. 1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 2. A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with Subd. 5. B. 4. of this Section. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure within any consecutive 365 days shall not exceed 50 percent of the market value of the structure unless the conditions of this Subdivision are satisfied. The cost of all structural alterations and additions must be calculated in today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions within any consecutive 365 days exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Subd. 5 of this Section for new structures. 4. If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by Subd. 3. A. 14. of this Section, it shall not be reconstructed except in conformity with the provisions of this Section. The City may issue a permit for reconstruction if the use is located outside the floodway and,upon reconstruction,is adequately elevated on fill in conformity with the provisions of this Section. 5. Substantial improvement, as defined in Subd 3.A.15., of a structure must meet the requirements of Subd 5 of this Section for new structures. Subd. 11. Penalties for violation A. A violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. 1. In responding to a suspected ordinance violation,the Zoning Administrator and the Community may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct � 35 ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator,the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible,this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this Section and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either(1)issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or(2)notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this Section. Subd. 12.Amendments All amendments to this section, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the ordinance amendment or technical study under consideration. 311 Subd. 13. Travel Trailers and Travel Vehicles Recreational vehicles that do not meet the exemption criteria specified in Subd. 13.A below shall be subject to the provisions of this Ordinance and as specifically spelled out in Subd. 13.0 below. A. Exemption—Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subd. 13.B below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any pre- existing,underlying zoning use district. B. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. C. Recreational vehicles exempted in Subd. 13.A lose this exemption when development occurs on the parcel exceeding$500.00 for a structural addition to the recreational vehicle or exceeding$500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Subd. 5 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. Section 2. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 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. 135 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2004 City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2004 EP\Ordinanc\flood plain ordinance-3-061704 136 STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: July 9, 2004 SUBJECT: City Code Amendment—Flood Plain Regulations BACKGROUND FEMA(Federal Emergency Management Agency) is requiring all Cities to adopt new flood plain maps and modifications to existing flood plain regulations. The new regulations and the existing regulations are similar. The new ordinance includes the following • New or amended definitions • Clarification of reasons for granting variances and non conformities • Notification requirements to the DNR and FEMA. • Adopting,by reference,new flood plain maps. STAFF RECOMMENDATION Recommend approval of revisions to Section 11.45 Flood Plain Regulations CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 17, 2004 DEPARTMENT/DIVISION ITEM DESCRIPTION: Vacation 04-08 ITEM NO.: IX. B. Dave Olson,Public Works/ Vacation of Drainage and Utility Easement Engineering in Hillcrest Courts Second Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the drainage and utility easement over part of Lot 15, Block 4,Hillcrest Courts Second Addition. Synopsis The property owner has requested this vacation to accommodate the construction of a deck which will encroach into the easement area. The Community Planning Board has authorized the issuance of a variance (2004-09) allowing encroachment into the setback area and the owner has applied for a Building Permit. Attachments Resolution Vacation Drawings 13T c CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HILLCREST COURTS SECOND ADDITION VACATION 04-08 WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described as follows: That Part of Lot 15, Block 4, Hillcrest Courts Second Addition, as platted and of record in the Office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: That part of the drainage and utility easement as platted on said lot 15 being 6 feet adjacent to and parallel with the Northeasterly line of said lot beginning 60 feet southeasterly of the most northerly corner of said lot and terminating 85 feet southeasterly of said corner. WHEREAS, a public hearing was held on August 17, 2004, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 17,2004. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk /41--4SE' C5.-, ' ST.TES • _ -..L.../ W 1-- O VII )11144114114 LOCATION DRAWING .....c:k.:-. v,i c.:,,,.:-,• . ., ..:., . 4* ,,..„..p t• ogi ._ 40 .. I, _• • ..„...,..„.. . _ . . ... tor .,... . I.4141/ IZII 411, • i .... tr.. imr._ .....••• ..". . . ''' 4 . .. , 0 , ......1:::,...... ....... ••• •.,.:..:.:.. .. .....1., No .......‘,„:„. ,„..,.,..„... 4•:•'-`' 1 L.':: ..-• -- MI % ,.... .. , 1111 111111 4 111 A . A .., •••• --. - • ........‘ \ 40,, ., . .4.4 - tiiim......vklumiii. im 411 :, 4 iii RIV:4\• ii: ' .\ !.. — .IR . . i1M1-: . Atillall • z isfr 4..• • \ .... -, i< . . ..... : • • .... ... I0111111111 4 4 ..•.•%• .11.% .. :..... . • . . l•• 1 1 Lot 15, Block 4, t \ , 1 ••• •i ::-) -rs \ \ \\ Hillcrest Courts Second Addition ' • \-1.., ....;:-.) . •,..,.. 4 . \\ • • ‘\ , \ .A 6.. ipip . % . ..,.,. . \ • .. . \\ \\ ,••:. .z. NORTH. . \ \ co , • • • ,„ \ \ \ \ • . ,:,..:... ., q..10.• • . cc-, f•:'!:'•- r..I- ••• • • ' '. .,:.:.:i •i!:._I S. • , •-• • SEW.' int . ,0,04,A'Ski, /, • . .... Q .45 5.STARLIGH1 ,________ 1 LANE ...i -_______ ...1 :EC' : •••••-# . I, . 1 __________ ...% is •-••••• Ce • iii kik• .- .•.-.. • : . , . . :: I A OP'14‘Aiikib 1.. ................. ....... . 5- ----,— VAL EY ' ik.,.zte 15 RI aim• . . .1- _ .VANCUfs/E17— OM . . ,!1: • •:I't.'At • RD. t C7• p Zlli-10) • i• 1 • 4.• ÷A„, 10 . %ARP: •r‘.• alp, Ili_ - 0 iii FA" • • • P clri• I" _S • , 1 . ilk all , , III 1111111 I III - # . , „,,,.. . ,,,„ ... ... - wESTGATE III 1211 111 • VAC 04-08 111111111111111111411 MN -110 . . I 1111.401i .... LI° / MI MN liON MM.NM Mr1 InErTINP.mat!mil.r .... .... .......... _ ._ .._ di. FRANK R. CARDARELLE Land Surveyor, Inc. Land Surveyo (612) 941-3031 6440 Flying Cloud Drive Eden Prairie, MN 5534. (tr of ita t of ttri)ty Survey For Bill Dale Book Page File 5880 15501 Hill crest Ct . N . Eden Prairie , MN 55346 • \ii-i, �GO �* S� /N , 09:0 �Z C� 6 cp� '-� � 00 N • deScale • 1 "=50 ' 1. �. _; °�N ! Denotes Iron Mon. Found r."1 Pre t 1 11'• ( [ p 1 �� 6 G ��, • t//A'/A = Area -1-o be.. vG�G'4?). I 1 \' P A --� kl p�'• LeW¢r `QvdJ r-.. N . . ,._, . , , . . . o 1/41.1. 1 5 ...., <,..,t ', N V • z ,f • • \ t"-------. . —Air Gobi r'00 ' "J'v' -_._..-. 1:3 a `` --=- ---- /90-00 --- • -- v 6 • n.,,b, y..„ ,.,..,,d..drepra...i..ras„r,./c4 „b....,.r Lot 15 , Block , Hiltl cr s its Second Add. Hennepin county.Lfnna.ota and the beadon o»t.«, . ants,if any on avid tend. Surveyed by me on this 8 t h day of July • ., •9 n 0 4. -c--, rank R. Cardarelle VAC 04-08 1 Li CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 17, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: • Approve the Payment of Claims as submitted(roll call vote) Synopsis • Checks 132665 — 133177 • Wire Transfers 2064 - 2077 Background Information Attachments iya City of Eden Prairie Council Check Summary 08/17/2004 Division Amount General 43,076 100 City Manager 269 101 Legislative 6,628 102 Legal Counsel 50,414 110 City Clerk 526 111 Customer Service 3,439 112 Human Resources 6,263 113 Communication Services 980 114 Benefits&Training 3,544 115 Risk Management 298,347 116 Facilities 13,532 117 City Center 66,728 130 Assessing 2,158 131 Finance 831 132 Social Services 20,445 133 Community Development 1,419 134 Heritage Preservation 1,280 135 Information Technology 100,116 136 Wireless Communication 3,619 137 Economic Development 803 151 Park Maintenance 40,775 153 Athletic Programs 8,317 154 Community Center 4,442 156 Youth Programs 7,757 157 Special Events 11,913 158 Senior Center 3,021 159 Recreation Administration 1,968 160 Therapeutic Recreation 396 161 Oak Point Pool 46 162 Arts 6,543 163 Outdoor Center 2,022 164 Park Rental Facilities 975 180 Police 22,339 184 Fire 10,648 185 Animal Control 1,410 186 Inspections 275 201 Street Maintenance 12,612 203 Fleet Services 31,769 301 CDBG 14,474 303 Cemetary Operation 300 304 Senior Awareness Fund 87 308 E-911 1,481 502 Park Development 5,894 503 Utility Improvement 15,475 506 Improvment Bonds 1996 105,503 507 Construction Fund 30,063 509 CIP Fund 225,758 511 Construction Fund 434,306 601 Prairie Village Liquor 109,473 602 Den Road Liquor 182,177 603 Prairie View Liquor 93,962 605 Den Road Building 60 701 Water Fund 87,869 702 Sewer Fund 216,950 703 Storm Drainage Fund 14,045 803 Escrow Fund 6,100 806 SAC Agency Fund 56,700 807 Benefits Fund 282,552 Report Total 2,674,873 '143 City of Eden Prairie Council Check Register 08/17/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2064 2,973 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2065 1,601 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2066 10,021 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2067 15,118 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2068 6,540 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2069 1,864 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2070 3 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2071 27,574 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2072 20 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2073 9,220 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2074 142,752 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2075 15,000 DELTA DENTAL PLAN OF MN Dental Health and Benefits 2076 835 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2077 71,812 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 132665 170 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 132666 1,192 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 132667 760 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 132668 2,140 BELLBOY CORPORATION Liquor Den Road Liquor Store 132669 6,375 DAY DISTRIBUTING Beer Den Road Liquor Store 132670 4,075 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 132671 19,322 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 132672 160 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 132673 363 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 132674 915 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 132675 13,970 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 132677 20,872 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 132678 3,697 MARK VII Beer Prairie Village Liquor Store 132679 1,270 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 132680 1,719 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 132681 10,171 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 132682 647 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 132683 3,349 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 132684 26,344 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 132685 18,055 THORPE DISTRIBUTING Beer Den Road Liquor Store 132686 2,388 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 132687 3,379 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 132688 2,501 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 132689 60 ARAMARK SERVICES INC Other Contracted Services City Manager 132690 428 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 132691 278 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 132692 200 CHAD NESTOR&ASSOCIATES Printing Therapeutic Rec Administration 132693 2 COMMUNITY HEALTH CHARITIES Union Dues Withheld General Fund 132694 319 CRACAUER,CLIFF Mileage&Parking Fleet Services 132695 195 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development 132696 50,414 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 132697 75 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 132698 7,386 HENNEPIN COUNTY TREASURER Machinery&Equipment Improvement Projects 1996 132699 500 HERRERA,NACHITO Other Contracted Services Special Initiatives 132700 300 ISAK,ABDI Other Contracted Services Special Initiatives 132701 50 JAPAN AMERICA SOCIETY OF MINNE Other Contracted Services Special Initiatives 132702 2,775 KOTTSCHADE,FRANKLIN P OR BONN Deposits Escrow 132703 16,100 LEAGUE MN CITIES INS TRUST Insurance Den Road Liquor Store 132704 85,827 LOGIS Network Support Information Technology 132705 500 LONG,LARRY Other Contracted Services Special Initiatives 132706 48 MARKS EDEN PRAIRIE BP Motor Fuels Fleet Services 132707 100 MEINEL,FERNANDO SILVA Other Contracted Services Special Initiatives 132708 982 METRO SALES INCORPORATED* Office Supplies General 132709 5,200 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 132710 50 NAIR,ARCHANA Other Contracted Services Special Initiatives 132711 233 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 132712 576 NORTHWEST BUSINESS SYSTEMS Equipment Parts Fleet Services 132713 310 OTTERTUNITY INC. Other Contracted Services Staring Lake Concert 132714 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert r, f 132715 40 PRESERVATION ALLIANCE OF MINNE Dues&Subscriptions Heritage Preservation !'7Lf Check# Amount Vendor/Explanation Account Description Business Unit 132716 23 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 132717 650 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 132718 675 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 132719 2,690 TEAM LABORATORY CHEMICAL CORPO Cleaning Supplies Sewer Liftstation 132720 350 THEATER MU INC Other Contracted Services Special Initiatives 132721 25 TIECHE,TIFFANY Other Contracted Services Special Initiatives 132722 109 TIMOFEYEVA,MARIA Other Contracted Services Special Initiatives 132723 250 TWIN CITIES CHORUS OF SWEET AD Other Contracted Services Staring Lake Concert 132724 3,350 UPPAL,SOHAN Deposits Escrow 132725 44 WEST WELD Equipment Parts Fleet Services 132726 250 ZHANG,YING Other Contracted Services Special Initiatives 132727 165 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 132728 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 132729 1,926 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 132730 213 PROP United Way Withheld General Fund 132731 234 UNITED WAY United Way Withheld General Fund 132732 1,087 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant 132733 33 AIRLINK COMMUNICATIONS INC Software Maintenance Information Technology 132734 639 AQUA ENGINEERING INC Landscape Materials/Supp Street Maintenance 132737 8,740 BIFFS INC Waste Disposal Park Maintenance 132738 28 GINA MARIAS INC Operating Supplies Fire 132739 5,050 HAMDORF,DUANE Other Contracted Services Park Acquisition&Development 132740 300 HANLON,SCOTT Tuition Reimbursement/School Fire 132741 256 JOHNSON,DAVID G AR Utility Water Enterprise Fund 132742 148,437 LEAGUE MN CITIES INS TRUST Insurance Risk Management 132743 145 MARS,LINDA Program Fee Outdoor Center 132744 1,560 MEDICINE LAKE TOURS Special Event Fees Classes/Programs/Events 132745 363 METRO FIRE Training Supplies Fire 132746 135 NFPA Dues&Subscriptions Fire 132747 80 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 132748 6,500 PROP Other Contracted Services Housing,Trans,&Human Sery 132749 457 QWEST Telephone Telephone 132750 3,441 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 132751 63 RUMFORD,JOAN Mileage&Parking Senior Center Administration 132752 4,477 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 132753 372 SPRINT Software Maintenance Information Technology 132754 6 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 132755 976 WALMART COMMUNITY Operating Supplies Summer Safety Camp 132756 660 3CMA Conference Expense Communication Services 132757 89 AT&T Pager&Cell Phone Police 132758 484 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 132759 207 BLUE LINE LEARNING GROUP INC Training Supplies Police 132760 165 BOSACKER,MIKE Conference Expense Police 132761 72 BUNKER BEACH WATER PARK Special Event Fees Teen Work Program 132762 16 CENTERPOINT ENERGY Gas Crestwood Park 132763 149 CITIES EDGE Equipment Parts Fleet Services 132764 1,200 CITY OF SAINT PAUL,THE Tuition Reimbursement/School Police 132765 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 132766 79 DEGREE,BETH Travel Expense Recreation Administration 132767 258 DIRECMANAGEMENT INC Workers Comp Insurance Risk Management 132768 59 ECOLAB INC Other Contracted Services Cummins Grill 132769 389 EDEN PRAIRIE MALL LLC Building Rental CDBG Fund 132770 20 FACILITEC USA Cash Over/Short General Fund 132771 518 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 132772 1,500 GIRLS ON THE RUN Operating Supplies Girls on the Run 132773 200 GRANT,STEPHANIE Conference Expense Communication Services 132774 28 HARRINGTON,MIKE Tuition Reimbursement/School Police 132775 1,802 HARRISON,WAYNE Instructor Service Athletics 132776 2,071 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 132777 995 HENNEPIN COUNTY TREASURER Board of Prisoner Police 132778 240 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 132779 80 HOEHN,JEREMY Employment Support Test Fire 132780 1,162 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies 'Water Meter Repair 132781 29 HORNIG PROPERTIES Building Permits General Fund 132782 5,034 ILLINOIS FARMERS INSURANCE CO Insurance Risk Management 132783 612 KIPP,SCOTT Conference Expense Community Development 132784 6,313 KMC TELECOM Telephone Telephone 132785 16 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 11-15 Check# Amount Vendor/Explanation Account Description Business Unit 132786 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 132787 190 LUKE,TRACY Travel Expense Police 132788 35 MEATH-NELSON,WENDI Other Contracted Services Special Initiatives 132789 39 MEDICINE LAKE TOURS Special Event Fees Classes/Programs/Events 132790 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 132791 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 132792 20 MINNESOTA RECREATION&PARK FO Dues&Subscriptions Recreation Administration 132794 2,401 NAS RECRUITMENT COMMUNICATIONS Employment Advertising Human Resources 132795 24 NORTHERN TOOL&EQUIPMENT CO. Equipment Parts Fleet Services 132796 500 NRPA Conference Expense Recreation Administration 132797 358 PETTY CASH Employee Award Human Resources 132798 310 PETTY CASH-NICOLE WEEDMAN Operating Supplies Youth Programs Administration 132799 161 PHILIPS MEDICAL SYSTEMS Equipment Repair&Maint Police 132800 360 RADISSON HOTEL Conference Expense Recreation Administration 132801 100 SANCHEZ,ABRAHAM Other Contracted Services Special Initiatives 132802 100 SANCHEZ-GONZALEZ,MAURICIO Other Contracted Services Special Initiatives 132803 739 SCHAD TRACY SIGNS Building Repair&Maint. Prairie View Liquor Store 132804 300 SOUTHWEST METRO TRANSIT Special Event Fees Classes/Programs/Events 132805 5,457 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 132806 12 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 132807 14 STATE OF MINNESOTA Operating Supplies Fleet Services 132808 6,536 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 132809 50 VALLEYFAIR AMUSEMENT PARK Operating Supplies Leisure Education 132810 70 WEBER,GREG Operating Supplies Police 132811 413 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 132812 45 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 132813 99 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 132814 349 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 132815 2,541 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 132816 11,645 DAY DISTRIBUTING Beer Prairie Village Liquor Store 132817 1,014 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 132818 10,836 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 132819 368 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 132820 486 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 132821 11,230 GRIGGS COOPER&CO Liquor Den Road Liquor Store 132822 1,143 HOHENSTEINS INC Beer Den Road Liquor Store 132824 22,169 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 132825 17,749 MARK VII Beer Den Road Liquor Store 132826 88 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 132827 6,905 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 132828 9,286 PI-IILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 132829 263 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 132830 3,133 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 132831 7,729 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 132832 14,235 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 132833 1,937 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 132834 2,303 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 132835 410 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 132836 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 132837 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 132838 679 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 132839 177 ALBERTSON,KELSEY Other Contracted Services Teen Work Program 132840 1,159 ANDERSEN GARAGE DOORS INC Other Contracted Services Rehab 132841 30 ANDING,SCOTT Other Contracted Services Teen Work Program 132842 84 ARVOLD,KATIE Mileage&Parking Afternoon Playground 132843 562 BFI WASTE SYSTEMS OF NORTH AME Waste Disposal Park Maintenance 132844 34 BUCK,SAM Other Contracted Services Teen Work Program 132845 36 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 132846 27 DELEGARD TOOL CO Small Tools Fleet Services 132847 897 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 132848 2,916 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 132849 28 FILIMONOVA,ANASTASIYA Other Contracted Services Teen Work Program 132850 63 GARTON,ELISE M Other Contracted Services Teen Work Program 132851 84 GIFFIN,BLAKE Other Contracted Services Teen Work Program 132852 165 GLEDHILL,JENNIFER Other Contracted Services Teen Work Program 132853 78 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 132854 157 GORDON,LIZZY Other Contracted Services Teen Work Program / � 132855 65 HANSON,NOEL P Other Contracted Services Teen Work Program Check# Amount Vendor/Explanation Account Description Business Unit 132856 28 HAVERSLOCK,KENT Other Contracted Services Teen Work Program 132857 180 HEERINGA,KRISTEN Operating Supplies Summer Theatre 132858 18 HENGLER,JULIANNE Lessons&Classes Ice Arena 132859 228 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 132860 111 ROGER,ANYA Other Contracted Services Teen Work Program 132861 90 HYDE-STRAND,ALEXANDRA L Other Contracted Services Teen Work Program 132862 59 IMATION IMAX THEATRE Special Event Fees Trips 132863 35 IRMITER,JESSE Operating Supplies Fire 132864 284 KALKES,JAYNA Tuition Reimbursement/School In Service Training 132865 100 KOKAL,CRYSTAL Events/Admission Fee July 4th Celebration 132866 404 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 132867 90 KRESS,CASEY Other Contracted Services Teen Work Program 132868 82 MCWATERS,LORENE Miscellaneous City Council 132869 1,367 METRO SALES INCORPORATED* Other Rentals General 132870 2,807 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 132871 806 MINNESOTA VALLEY TESTING LABS Other Contracted Services Environmental Education 132872 850 MUHLHAUSER,WENDY Instructor Service Preschool Events 132873 68 O'BRIEN,NOLAN Other Contracted Services Teen Work Program 132874 52 O'CONNELL,LUXMI Other Contracted Services Teen Work Program 132875 1,084 OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 132876 27 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 132877 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 132878 885 SYSTEM CONTROL SERVICES Other Contracted Services Water Storage-Baker Rd. 132879 20 TAMS-WITMARK MUSIC LIBRARY INC Other Contracted Services Winter Theatre 132880 40 TAYLOR,MIKE Other Contracted Services Teen Work Program 132881 1,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 132882 64 TYRA-LUKENS,NANCY Travel Expense City Council 132883 184 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 132884 4,682 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 132885 1,864 UNITED STATES POSTAL SERVICE Postage Water Accounting 132886 221 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 132887 38 UPS Postage Water Utility-General 132888 8 VICTORIA PLUMBING Cash Over/Short General Fund 132889 33 VOLTIN,BRETT Other Contracted Services Teen Work Program 132890 285 ACME WINDOW CLEANING INC. Building Repair&Maint. Fire Station#1 132891 10 ANDERSON,NORMA Program Fee Classes/Programs/Events 132892 2,374 ARCH PAGING Pager&Cell Phone Wireless Communication 132893 45 BAE,LAUREN Program Fee Athletics 132894 30 BINO,SUSAN Program Fee Classes/Programs/Events 132895 857 BLACK BOX CORPORATION Capital Under$2,000 Wireless Communication 132896 100 BLIHOVDE,JILL Refunds Environmental Education 132897 386 BRAGG,ANNALISA Instructor Service Outdoor Center 132898 1,000 BURTIS,BOB Other Contracted Services Special Initiatives 132899 1,300 CAMPOS,LORI Instructor Service Outdoor Center 132900 3,680 CENTERPOINT ENEGY Gas City Hall-CAM 132901 507 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 132902 1,231 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 132903 100 D'AMICO AND SONS Miscellaneous City Council 132904 17,161 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 132905 67 EF JOIINSON Equipment Parts Wireless Communication 132906 814 EGAN-MCKAY ELECTRICAL CONTRACT Building Repair&Maint. Public Works/Parks 132907 92 FEELY,PAULA Program Fee Special Events&Trips 132908 10 GOEBEL,CASEY Program Fee Classes/Programs/Events 132909 3,727 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 132910 200 I-IINDING,CHRIS Other Contracted Services Staring Lake Concert 132911 450 MINDING,CHRIS Other Contracted Services Staring Lake Concert 132912 545 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Hall-CAM 132913 131 KRAEMERS HARDWARE INC Repair&Maint.Supplies Fire 132914 17,650 LEAGUE MN CITIES INS TRUST Insurance Risk Management 132915 92 LEWIS,ELIZABETH Program Fee Special Events&Trips 132916 100 LYONS,MOLLY Refunds Environmental Education 132917 80 MCFERRIN,TANYA Instructor Service Outdoor Center 132918 25 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Fleet Services 132919 37 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 132920 295 NOISE Conference Expense Community Development 132921 4,368 QWEST Telephone City Hall-CAM 132922 1,004 QWEST COMMUNICATIONS Pager&Cell Phone Police � � 132923 518 REBS MARKETING Other Contracted Services Water Accounting Check# Amount Vendor/Explanation Account Description Business Unit 132924 338 REED BUSINESS INFORMATION Legal Notices Publishing Construction Fund 132925 30 RUMFORD,JOAN Program Fee Classes/Programs/Events 132926 1,958 SOUTHWEST SUBURBAN PUBLISHING- Advertising Staring Lake Concert 132927 218 SPORTS WORLD USA INC Clothing&Uniforms Community Band 132928 709 STREICI ERS Protective Clothing Police 132929 290 TAPES PLUS ADVERTISING Advertising Prairie Village Liquor Store 132930 237 TIMM,ROY Repair&Maint.Supplies General Facilities 132931 10 TWIN CITY OXYGEN CO Operating Supplies General Facilities 132932 115 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 132933 40 VOSBEEK,PETER Clothing&Uniforms Police 132934 92 WARD,MARIANNE Program Fee Special Events&Trips 132935 186 WILLIAMS,LINDA D Clothing&Uniforms Police 132936 40 WILLIAMS,TERRI Lessons&Classes Pool Lessons 132937 1,693 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 132938 38,226 XCEL ENERGY Electric City Hall-CAM 132939 639 ZIEGLER INC Building Repair&Maint. City Hall-Direct Costs 132940 199 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 132941 96 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 132942 566 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 132943 4,339 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 132944 39 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 132945 737 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 132946 4,840 DAY DISTRIBUTING Beer Prairie Village Liquor Store 132947 930 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 132948 8,323 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 132949 158 FINE WINES FROM EUROPE Wine Domestic Prairie View Liquor Store 132950 1,194 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 132951 835 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 132952 4,829 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 132953 19,302 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 132954 12,084 MARK VII Beer Den Road Liquor Store 132955 419 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 132956 193 MORAN USA,LLC Misc Taxable Den Road Liquor Store 132957 1,126 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 132958 2,313 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 132959 78 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 132961 6,837 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 132962 1,101 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 132963 1,866 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 132964 8,458 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 132965 1,067 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 132966 11,473 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 132967 104 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 132968 201 WINE COMPANY,TILE Wine Domestic Den Road Liquor Store 132969 520 WINE MERCHANTS INC Transportation Den Road Liquor Store 132970 1,391 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 132971 350 AFTER 5 WOMENS VOCAL ENSEMBLE Other Contracted Services Staring Lake Concert 132972 2,934 BIFFS INC Waste Disposal Park Maintenance 132973 309 CDW GOVERNMENT INC. Small Tools Fleet Services 132974 23 CULLIGAN BOTTLED WATER Operating Supplies Fire 132975 82 DEIILER,JODI Program Fee Drama Camp 132976 23 DUGGAN,MAUD Program Fee Outdoor Center 132977 5,067 ELAN FINANCIAL SERVICES Travel Expense City Council 132978 460 ESBENSEN,GEORGE Employee Award Human Resources 132979 6,567 ESCHELON TELECOM Miscellaneous Information Technology 132980 110 FINANCE AND COMMERCE Dues&Subscriptions Communication Services 132981 256 GE CAPITAL Other Rentals General 132982 109 KHADILKAR,HARSHAD Mileage&Parking Tennis 132983 50 KINKO'S Video&Photo Supplies Fire 132984 8 MCCARTHY,BOB Program Fee Outdoor Center 132985 56,133 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 132986 6,934 MINNESOTA STATE TREASURER Building Surcharge General Fund 132987 40 MPELRA Conference Expense Human Resources 132988 2,920 NORTHWEST BUSINESS SYSTEMS Other Hardware CDBG Fund 132989 46. PIXLEY,JANE Lessons&Classes Oak Point Lessons 132990 893 PLANET SPIRIT Instructor Service Summer Skill Development 132991 39 QUICKSILVER EXPRESS COURIER Postage General 132992 365 RELIAKOR SERVICES Repair&Maint.Supplies Riley Lake I 'f Check# Amount Vendor/Explanation Account Description Business Unit 132993 100 RODENHISER,JUDITH Program Fee Camps 132994 44 A TO Z RENTAL CENTER Operating Supplies Fire 132995 1,129 ABSOLUTE RAIN INC. Building Repair&Maint. City Hall-Direct Costs 132996 9,500 ADVANTECH ENTERPRISE Other Contracted Services Rehab 132997 677 AERO DRAPERY AND BLIND Capital Under$2,000 Fire Station#1 132998 85 ALLEN COMPANY Repair&Maint.Supplies Park Maintenance 132999 364 AMERICAN ALUMINUM ACCESSORIES Capital Under$2,000 Police 133000 624 AMERICAN DRYER INC Repair&Maint.Supplies City Hall-CAM 133001 1,245 AMTECH LIGHTING SERVICES Building Repair&Maint. Miller Park 133002 264 ANCOM COMMUNICATIONS INC Equipment Parts Wireless Communication 133003 252 ANDERBERG,CRAIG W. Other Contracted Services Softball 133004 179 APRES Other Rentals Special Initiatives 133005 812 AQUA ENGINEERING INC Landscape Materials/Supp Street Maintenance 133006 250 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 133007 1,098 ASPEN MILLS Protective Clothing Fire 133008 86 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 133009 156 BAN-KOE SYSTEMS INC Operating Supplies Community Center Admin 133010 1,100 BAUER BUILT TIRE AND BA'1ERY Tires Fleet Services 133011 458 BERRY COFFEE COMPANY Operating Supplies Fire 133012 204 BIELSKI,LESLIE Other Contracted Services Volleyball 133013 184 BIFFS INC Waste Disposal Park Maintenance 133014 697 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 133015 10,300 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 133016 702 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 133017 5,175 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 133018 1,080 BROWN,PAUL Other Contracted Services Park Facilities 133019 130 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 133020 3,830 BUCK,NATHAN Other Contracted Services Softball 133021 2,580 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 133022 1,038 CENTRAIRE INC Building Repair&Maint. Den Road Liquor Store 133023 80 CITI-CARGO&STORAGE CO,INC Other Rentals Staring Lake Concert 133024 121 CLAREYS INC Operating Supplies Prairie Village Liquor Store 133025 558 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 133026 139 COPY EQUIPMENT INC Operating Supplies Park Maintenance 133027 2,244 CORPORATE EXPRESS Office Supplies General 133028 72 COSTUME RENTALS Clothing&Uniforms Sumner Theatre 133029 134 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Round Lake 133030 14,085 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 133031 2,004 CY'S UNIFORMS Clothing&Uniforms Fire 133032 251 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 133033 1,366 DECORATIVE DESIGNS INC Other Contracted Services City Hall-Direct Costs 133034 6,558 DERMCO-LAVINE CONSTRUCTION CO Seal Coating Riley Lake 133035 525 DESAULNIERS,DAN Other Contracted Services Softball 133036 300 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 133037 362 DOHERTY,SANDRA L Other Contracted Services Volleyball 133038 21,027 DRT TRANSPORT Other Contracted Services Lime Sludge 133039 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 133040 7,456 EGAN OIL COMPANY Lubricants&Additives Fleet Services 133041 19,753 ESCHELON TELECOM INC Other Contracted Services Telephone 133042 3,963 . ESS BROTHERS&SONS INC* Repair&Maint.Supplies Storm Drainage 133043 248 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 133044 106 FERRELLGAS Motor Fuels Ice Arena 133045 38 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 133046 1,849 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 133047 369 FORE MECHANICAL,INC Building Repair&Maint. Park Shelters 133048 1,107 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 133049 110 GARDEN&ASSOC INC Other Contracted Services Police 133050 554 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 133051 255 GEBO,ROBERT L. Other Contracted Services Softball 133052 3,272 GERTENS Landscape Materials/Supp Construction Fund 133053 156 GRAINGER Small Tools Fleet Services 133054 345 GRAPHIC SOURCE INC Printing Special Initiatives 133055 384 GRAYBAR Small Tools Fire _ 133056 37,514 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 133057 15 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 133058 13,471 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 133059 436 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology `4� 133060 84 HOLMES,JOHN CARTER Other Contracted Services Softball J'^� Check# Amount Vendor/Explanation Account Description Business Unit 133061 168 HOLMES,TOM Other Contracted Services Softball 133062 14,400 HONEYWELL INDUSTRY SOLUTIONS Other Contracted Services Water Treatment Plant 133063 1,785 HYDROLOGIC Building Materials Round Lake 133064 403 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 133065 347 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 133066 76 INSIGHT PUBLIC SECTOR Other Hardware Capital Impr./Maint.Fund 133067 434 INTERSTATE BATTERY SYSTEM OF M Equipment Parts Fleet Services 133068 1,038 INTOXIMETERS Other Assets Police 133069 592 IPC Operating Supplies Police 133070 1,390 JANEX INC Cleaning Supplies General Facilities 133071 605 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 133072 573 JOIN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 133073 495 JOHNSON,KAMARA Other Contracted Services Park Facilities 133074 410 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant 133075 74 LANDS END CORPORATE SALES Clothing&Uniforms Police 133076 89 LANO EQUIPMENT INC Equipment Parts Fleet Services 133077 40 LAW AND ORDER Dues&Subscriptions Police 133078 126,969 LEAGUE MN CITIES INS TRUST Insurance Risk Management 133079 422 LEMCO HYDRAULICS INC Equipment Parts Fleet Services 133080 210 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 133081 104 LESCO INC Landscape Materials/Supp Street Maintenance 133082 616 LIGHTNING PRINTING Printing Special Initiatives 133083 576 LORENZ LUBRICANT COMPANY INC Equipment Repair&Maint Fleet Services 133084 146 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 133085 6,071 MARSDEN BLDG MAINTENANCE CO Janitor Service City Hall-Direct Costs 133086 2,100 MARTIN-MCALLISTER Employment Support Test Human Resources 133087 408 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 133088 1,631 MAXI-PRINT INC Printing Police 133089 562 MCNICHOLS CO Building Materials Park Acquisition&Development 133091 1,295 MENARDS Building Materials Capital Impr./Maint.Fund 133092 33 METRO FIRE Protective Clothing Fire 133093 198,088 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 133094 192 METROPOLITAN FORD Equipment Parts Fleet Services 133095 3,134 METROPOLITAN MECHANICAL Building Repair&Maint. City Hall-Direct Costs 133096 399 MICHELAU,JOHN Other Contracted Services Softball 133097 3,445 MIDWEST ASPHALT CORPORATION Landscape Materials/Supp Willow Park 133098 740 MIDWEST OVERHEAD CRANE Other Contracted Services Water Treatment Plant 133099 42 MIKE'S SHOE REPAIR INC Clothing&Uniforms Fire 133100 852 MINNESOTA MULCH&SOIL Landscape Materials/Supp Reforestation 133101 699 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 133102 59 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 133103 365 MOORE MEDICAL CORP Safety Supplies Fire 133104 648 MTI DISTRIBUTING INC Equipment Parts Fleet Services 133105 11 MUSIC TI-HEATRE INTERNATIONAL Other Rentals Summer Theatre 133106 82 NATIONAL WATERWORKS Repair&Maint.Supplies Water Meter Repair 133107 224 NORTHERN SAFETY TECI-INOLOGY INC Capital Under$2,000 Fleet Services 133108 605 NORTHWEST BUSINESS SYSTEMS Other Hardware Information Technology 133109 116 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 133110 317 OLSEN COMPANIES Operating Supplies Park Maintenance 133111 18 ORIENTAL TRADING COMPANY INC Operating Supplies Special Initiatives 133112 13 OSI BATTERIES INC Operating Supplies Water System Maintenance 133113 195 PAPER DIRECT INC Operating Supplies Special Initiatives 133114 202,486 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 133115 4,170 PARROTT CONTRACTING INC Other Contracted Services Round Lake 133116 639 PARTEK SUPPLY INC Asphalt Overlay Street Maintenance 133117 136 POWERPHONE INC Operating Supplies Police 133118 4,901 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Public Works/Parks 133119 1,054 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Sewer System Maintenance 133120 2,560 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 133121 840 RAY,LEE Other Contracted Services Softball 133122 1,703 RELIAKOR SERVICES Other Contracted Services Staring Lake 133123 480 RIGID HITCH INCORPORATED Capital Under$2,000 Fleet Services 133124 20,140 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 133125 1,240 ROBERT C VOGEL&ASSOCIATES Other Contracted Services Heritage Preservation 133126 284 RPZ SERVICES Other Contracted Services Water Meter Repair 133127 61 SBC PAGING Pager&Cell Phone Sewer System Maintenance 133128 28 SCOTT COMPANY Operating Supplies Police 133129 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 133130 695 SE-ME INC Operating Supplies Police 133131 302 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 133132 80 SHRED-IT Waste Disposal City Center Operations 133133 401,930 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 133134 8 SNAP-ON TOOLS Small Tools Traffic Signs 133135 476 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 133136 27,540 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 133137 4,526 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant 133138 1 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 133139 167 ST.LOUIS PARK,CITY OF Conference Expense Community Development 133140 453 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 133141 968 STONEBROOKE Other Rentals Park Maintenance 133142 4,209 STRAND MANUFACTURING CO INC Building Water Treatment Plant 133143 5,167 STREICHERS Training Supplies Police 133144 1,009 SUBURBAN CHEVROLET Equipment Parts Fleet Services 133145 1,097 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 133146 1,143 SUN NEWSPAPERS Legal Notices Publishing City Clerk 133147 145 SWEDLUNDS Waste Disposal Outdoor Center 133148 29 TERMINAL SUPPLY CO Equipment Parts Fleet Services 133149 1,202 THYSSENKRUPP ELEVATOR Building Repair&Maint. City Hall-CAM 133150 534 TOTAL RENTAL Other Rentals Special Initiatives 133151 12 TRANS UNION CORPORATION Operating Supplies Police 133152 1,530 TWIN CITY HARDWARE Building Materials Capital Impr./Maint.Fund 133153 282 TWIN CITY MONUMENT CO Building Materials Park Acquisition&Development 133154 104 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 133155 239 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 133156 111 UNIFORMS UNLIMITED Clothing&Uniforms Fire 133157 306 UNITED PROPERTIES-ENGINEERIN Other Contracted Services City Hall-CAM 133158 682 UNITED RENTALS HIGHWAY TECHNOL Other Rentals July 4th Celebration 133159 779 USA BLUEBOOK Capital Under$2,000 Water Treatment Plant 133160 97,562 VALLEY PAVING INC Improvement Contracts Improvement Projects 1996 133161 500 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 133162 3,423 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 133163 112 VESSCO INC Equipment Parts Water Treatment Plant 133164 72 WALL TRENDS INC Repair&Maint.Supplies City Hall-CAM 133165 663 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 133166 344 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 133167 731 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 133168 1,170 WHEELER LUMBER LLC Building Materials Park Maintenance 133169 1,626 WM MUELLER AND SONS INC Gravel Water System Maintenance 133170 65 WOLF CAMERA Video&Photo Supplies Summer Safety Camp 133171 2,126 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 133172 104 WORM,SANDY Landscape Materials/Supp Street Maintenance 133173 950 X-ERGON Repair&Maint.Supplies Water Treatment Plant 133174 483 ZAHN,GERALD Other Contracted Services Volleyball 133175 4,697 ZIEGLER INC Other Contracted Services July 4th Celebration 133176 315 ZOELLNER,MARK Other Contracted Services Softball 2,674,873 Grand Total 151 CITY COUNCIL AGENDA DATE: August 17, 2004 SECTION: Petitions and Requests DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. A. Michael D. Franzen, Floodplain Ordinance Community Development/ Planning Requested Action Move to: • Approve 2nd Reading of the Floodplain Ordinance; and • Adopt Resolution approving Ordinance Summary Synopsis This is the adoption of the floodplain ordinance and floodplain maps. Attachments 1. Floodplain Ordinance 2. Resolution Approving Ordinance Summary 3. Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.45 RELATING TO FLOOD PLAIN REGULATIONS 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. City Code Section 11.45 is amended to read as follows: SECTION 11.45 FLOOD PLAIN REGULATIONS Subd.1. Statutory Authorization,Purpose, and Disclaimer. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City does ordain as follows: A. Statement of Purpose. The purpose of this Section is to maintain the City's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property,health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain district or land uses permitted within such district will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decisions lawfully made thereunder. C. National Flood Insurance Program Compliance. This Section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the city's eligibility in the National Flood Insurance Program. Subd. 2. General Provisions A. Adoption of Flood Insurance Study and Flood Insurance Rate Map. The Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2,Hennepin County, Minnesota,All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0319 E,27053C0338 E, 53 27053C0339 E,27053C0343 E, 27053C0344 E,27053C0410 E,27053C0420 E, 27053C0430 E, 27053C0432 E,27053C0434 E,27053C0435 E, 27053C0440 E, 27053C0442 E, and 27053C0445 E for the City, dated September 2, 2004, as developed by the Federal Emergency Management Agency, are hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this Section. B. Lands to Which Ordinance Applies. This Section shall apply to all lands designated as flood plain within the jurisdiction of the City. Flood plain areas within the City shall encompass all areas designated as Zone A,Zone AE, Zone AO, or Zone Ail as shown on the Flood Insurance Rate Map adopted in Subd. 2. A. of this Section. C. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. When interpretation is needed as to the exact location of the boundaries of the flood plain district,the City Engineer shall make the necessary interpretation based on the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance and the regional(100- year) flood profile, if available. If 100-year flood elevations are not available,the City shall: 1)Require a flood plain evaluation consistent with Subd. 5.0 of this Section to determine a 100-year flood elevation for the site; or 2)base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain. Subd. 3. Definitions. A. Unless specifically defined below,words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application. 1. Accessory Use or Structure- a use or structure on the same lot or parcel of land with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. Basement-means any area of a structure, including crawl spaces,having its floor or base subgrade(below ground level) on all four sides, regardless of the depth of excavation below ground level. 3. Flood Fringe-that portion of the flood plain outside of the floodway. 4. Flood Plain-the channel or beds proper and the areas adjoining a wetland, lake or watercourse that has been or hereafter may be covered by the regional flood. Flood plain areas within the City of Eden Prairie shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the Flood Insurance Rate Map adopted in Subd. 2.A. of this Section. 5. Flood Plain District—those areas constituting the flood plain. It ) 5E4 6. Floodway-the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge. 7. Lowest Floor—the lowest floor of the lowest enclosed area(including basement). 8. Manufactured Home—a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home"does not include the term"recreational vehicle." 9. Obstruction-any dam,wall,wharf, embankment,levee, dike,pile, abutment, projection, excavation, dredged spoil,channel modification,culvert,building, wire, fence, stockpile,refuse,fill, structure, stockpile of sand or gravel or other material, or matter in, along, across,or projecting into any channel,watercourse, lake bed, or flood plain which may impede,retard,or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 10. Recreational Vehicle—a vehicle that is built on a single chassis,is 400 square feet or less when measured at the largest projection,is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. For the purposes of this Section,the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. 11. Regional Flood-a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term"base flood" used on the Flood Insurance Rate Map. 12. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 13. Structure- anything constructed or erected on the ground or attached to the ground or on-site utilities,including,but not limited to,buildings, factories, sheds, detached garages, cabins,manufactured homes,travel trailers/vehicles not meeting the exemption criteria specified in Subd. 13.A of this Section and other similar items. I 155 14. Substantial Damage—means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 15. Substantial Improvement—within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction" of the improvement. This term includes structures that have incurred "substantial damage,"regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an"historic structure,"provided that the alteration will not preclude the structure's continued designation as an"historic structure." For the purpose of this Section, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. Subd. 4. General Compliance A. The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the City. The uses permitted in Subd. 5. of this Section shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this Section shall apply in addition to other legally established regulations of the City and where this Section imposes greater restrictions, the provisions of this Section shall apply. B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted,repaired, maintained, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 5 shall be prohibited. C. New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Section. D. Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Section and specifically Subd. 10; and 156 E. As-built elevations for elevated structures must be certified by elevation surveys as stated in Subd. 8 of this Section. Subd.5.Permitted Uses, Standards, and Flood Plain Evaluation Criteria A. Permitted Uses in the Flood Plain. The following uses of land are permitted uses in the flood plain district: 1. Any use of land which does not involve a structure,a fence, an addition to the outside dimensions to an existing structure(including a fence)or an obstruction to flood flows such as fill, excavation,or storage of materials or equipment. 2. Any use of land involving the construction of new structures, a fence,the placement or replacement of manufactured homes,the addition to the outside dimensions of an existing structure(including a fence)or obstructions such as fill or storage of materials or equipment,provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Subd. 4.B of this Section and the flood plain evaluation criteria in Subd. 4.0 of this Section for determining floodway and flood fringe boundaries. B. Standards for Flood Plain Permitted Uses. 1. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap,vegetative cover or other acceptable method. The Federal Emergency Management Agency(FEMA)has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation-FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2. Storage of Materials and Equipment: (a) The storage or processing of materials that are,in time of flooding, flammable, explosive, or potentially injurious to human, animal,or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. 3. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 4. All structures,including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor,including basement floor,is at or above the regulatory flood protection elevation. The finished I fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15'beyond the limits of the structure constructed thereon. 5. All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Community Planning Board. In granting a variance, the Community Planning Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. 6. Commercial and Manufacturing Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth(in feet) times velocity(in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. 7. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2)New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. 8. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. C. Flood Plain Evaluation 1. Upon receipt of an application for a permit for a use or other approval within the Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe. 15 (a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan(surface view) showing elevations or contours of the ground,pertinent structure, fill, or storage elevations,the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (c) Photographs showing existing land uses,vegetation upstream and downstream, and soil types. (d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. The applicant shall be responsible to submit one copy of the above information to the City Engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983,Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Depai talent of Natural Resources'Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council,prior to official action,may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Community Planning Board for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this Section. 157 Subd. 6. Utilities, railroads,roads and bridges in the flood plain district All utilities and transportation facilities, including railroad tracks,roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000- 6120.6200. Subd. 7 Subdivisions A. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the Council for reason of flooding, inadequate drainage, and water supply or sewage treatment facilities. The Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. B. In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. 5.C.1 of this Ordinance. The Council shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subds. 5.B, 5.C, and 6 of this Ordinance. C. For all subdivisions in the flood plain,the floodway and flood fringe boundaries,the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. D. Removal of Flood Plan Designation: The Federal Emergency Management Agency (FEMA)has established criteria for removing flood plan designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of flood plan designation will be requested. Subd. 8. Administration A. Permit Required. A Permit issued by the Chief Building Official shall be secured prior to the erection, addition,modification,rehabilitation(including normal maintenance and repair), or alteration of any building or structure or portion thereof;prior to the use or change of use of a building or structure;prior to the construction of a dam, fence, or on- site septic system, prior to the change or extension of a nonconforming use,prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain. B. State and Federal Permits. Prior to granting a permit or processing an application for a variance,the City Engineer shall determine that the applicant has obtained all necessary state and federal permits. C. Certification of Lowest Floor Elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The City Engineer shall maintain a record of the elevation of the lowest floor(including basement) for all new structures and alterations or additions to existing structures in the flood plain district. D. Notifications for Watercourse Alterations. The Zoning Administrator shall notify,in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency(FEMA). E. Notification to FEMA when physical changes increase or decrease the 100-year Flood Elevation. As soon as is practicable,but not later than six(6)months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Subd. 9. Variances A. A variance means a modification of a specific permitted development standard required in an official control including this Section to allow an alternative development standard not stated as acceptable in the official control,but only as applied to a particular property for the purpose of alleviating a hardship,practical difficulty or unique circumstance as defined and elaborated upon the City's respective planning and zoning enabling legislation and this Section. B. The Community Planning Board may authorize upon appeal in specific cases such relief or variance from the terms of this Section as will not be contrary to the public interest and only for those circumstances such as hardship,practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities. In the granting of such variance,the Community Planning Board shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Section, any other zoning regulations of the City, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: C. Variances shall not be issued by the City within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon(i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances from the provisions of this Section may be authorized when the Community Planning Board has determined the variance will not be contrary to the public interest and the spirit and intent of this Section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. G. The Community Planning Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten(10) days of such action. H. Appeals. Appeals from any decision of the Community Planning Board may be made as specified in Chapter 11. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1)The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions,including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Subd. 10. Nonconformities A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions. Historic structures, as F /Ca defined in Subd. 3.A. 15 (b)of this Section, shall be subject to the provisions of Subd. 10.A.1.-4. 1. No such use shall be expanded, changed,enlarged, or altered in a way which increases its nonconformity. 2. A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with Subd. 5. B.4. of this Section. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure within any consecutive 365 days shall not exceed 50 percent of the market value of the structure unless the conditions of this Subdivision are satisfied. The cost of all structural alterations and additions must be calculated in today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions within any consecutive 365 days exceeds 50 percent of the current market value of the structure,then the structure must meet the standards of Subd. 5 of this Section for new structures. 4. If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by Subd. 3. A. 14. of this Section,it shall not be reconstructed except in conformity with the provisions of this Section. The City may issue a permit for reconstruction if the use is located outside the floodway and,upon reconstruction,is adequately elevated on fill in conformity with the provisions of this Section. 5. Substantial improvement, as defined in Subd 3.A.15., of a structure must meet the requirements of Subd 5 of this Section for new structures. Subd. 11. Penalties for violation A. A violation of the provisions of this Section or failure to comply with any of its requirements(including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. 1. In responding to a suspected ordinance violation,the Zoning Administrator and the Community may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines,injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct /63 ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator,the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible,this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violadon to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this Section and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development,the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either(1)issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or(2)notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this Section. Subd. 12.Amendments All amendments to this section,including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's(FEMA)Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the ordinance amendment or technical study under consideration. /;d/ Subd. 13. Travel Trailers and Travel Vehicles Recreational vehicles that do not meet the exemption criteria specified in Subd. 13.A below shall be subject to the provisions of this Ordinance and as specifically spelled out in Subd. 13.0 below. A. Exemption—Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subd. 13.B below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any pre- existing,underlying zoning use district. B. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. C. Recreational vehicles exempted in Subd. 13.A lose this exemption when development occurs on the parcel exceeding$500.00 for a structural addition to the recreational vehicle or exceeding$500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Subd. 5 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. Section 2. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 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. /65 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2004 City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2004 EP\Ordinanc\flood plain ordinance-3-061704 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 25-2004 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS,Ordinance No.25-2004 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of August, 2004. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. 25-2004 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 25-2004, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed c opy o f the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No.25-2004 shall be recorded in the Ordinance Book,along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on August 17, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 14 SI CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.25-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO FLOODPLAIN REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 25-2004. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance contains provisions for new or amended definitions, clarification of reasons for granting variances and non conformities,notification requirements to the DNR and FEMA,and adopting floodplain maps. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on