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HomeMy WebLinkAboutCity Council - 10/19/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 19,2004 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. JOINT MEETING OF THE SCHOOL BOARD/CITY COUNCIL Council Chamber IL OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 19, 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. RECOGNITION OF CERT/FIRE FIGHTER HURRICANCE ASSISTANCE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 5,2004 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 5,2004 VII. CONSENT CALENDAR A. BEST BUY by Best Buy. 2nd Reading for Planned Unit Development District Review with waivers on 5.39 acres, Zoning District Change from Office to Commercial Regional Service on 5.39 acres, Site Plan Review on 5.39 acres. Location: 7901 Flying Cloud Drive. (Ordinance for PUD District Review,Zoning District Change, and Resolution for Site Plan Review) B. PRAIRIE PINES by Epic Development. 2nd Reading for Planned Unit Development District Review with waivers on 5.09 acres and Zoning District Change from Rural to R1-13.5 on 5.09 acres. Location: 9576 Crestwood Terrace. (Ordinance for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BEST BUY SECOND ADDITION D. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH MALLOY, MONTAGUE,KARNOWSKI,RADOSEVICH& CO.,P.A. FOR AUDITING SERVICES FOR 2004 TO 2006 CITY COUNCIL AGENDA October 19,2004 Page 2 E. AUTHORIZE ESTABLISHMENT OF A SPORTS FACILITIES COMMITTEE TO ASSIST IN DETERMINING FAIR ALLOCATION OF CITY SPORT FACILITIES F. AUTHORIZE HIRING OF A PLANNING CONSULTANT TO ASSIST IN DEVELOPING PLANS FOR TRAILS WITHIN THE RILEY CREEK PURGATORY CREEK CONSERVATION AREAS G. ADOPT RESOLUTION AWARDING CONTRACT FOR MILLER PARK SOFTBALL FIELD BUILDING TO AMERICAN LIBERTY CONSTRUCTION,INC. H. ADOPT RESOLUTION REQUESTING SPEED STUDY FOR PIONEER TRAIL (CSAH 1) FROM THE WEST LEG OF CSAH 4 TO THE WEST CORPORATE LIMIT I. ADOPT RESOLUTION APPROVING MASTER UTILITY AGREEMENT WITH MNDOT FOR TH 212 DESIGN BUILD PROJECT FROM CSAH 4 TO CARVER COUNTY 147,I.C. 935305 J. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR CITY STORAGE FACILITY,I.C. 00-5519 K. ADOPT RESOLUTION REGARDING THE METROPOLITAN COUNCIL'S 2030 TRANSPORTATION POLICY PLAN AND FLYING CLOUD AIRPORT VIII. PUBLIC HEARINGS/MEETINGS A. 2004 SPECIAL ASSESSMENTS HEARING IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA October 19,2004 Page 3 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Major Center Area Study 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 XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO. : VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 5,2004 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 Mayor Tyra-Lukens was not in attendance. Councilmember Case served as Acting Mayor. I. MARY HILL SMITH—METROPOLITAN COUNCIL Mary Hill Smith is the Met Council's Third District Representative. The Third District currently includes Eden Prairie. Hill Smith distributed a packet of information, including the 2030 Regional Development Framework. She explained the Council's Framework is organized around four main policies: • Accommodating growth in a flexible, connected and efficient manner • Slowing the growth of traffic congestion and improving mobility • Encouraging expanded choices in housing locations and types, including multi-modal housing • Working to conserve, protect and enhance the environment Smith noted that communities have until October 22 to submit comments on the plan to the Met Council. Final approval of the plan is expected in December. Smith also said that changes to comp plans will not be required to follow the 2030 framework until after 2008. Councilmember Butcher asked Smith for an update on the transportation plan, and LRT and the North Star Corridor in particular. Smith said the governor supports the North Star Corridor and has managed to obtain enough money ($20 million)to keep it in play; however,the legislature will have to appropriate more money for the project to move forward. The overall plan calls for the corridor to run from downtown Minneapolis to Big Lake, and possibly St. Cloud, Smith said the southwest corridor LRT is strictly a local issue at this point. She noted there is a great deal of flexibility built into the Met Council transportation plan, which calls for"transit ways,"which can consist of a variety of transportation combinations of busses and/or rapid transit. Butcher said it appears that the Flying Cloud Airport expansion seems to be hold. She asked Smith if she has any additional information about the airport. Smith said she knows nothing more, but that Northwest Airlines would like to see any additional funds go toward MSP. They have requested that users of regional airport pay more so that MAC can devote more funds to MSP. Councilmember Case said that he realizes that Smith is not an elected official, but he said he would like to stress that a majority of the City Councilmembers are concerned about expansion of Flying Cloud Airport and would like the personality of this airport to remain the same, and do not want to see it become a jetport. Councilmember Young said he was not aware that the Met Council played a role with airports, and asked Smith to expand on this. Smith said that years ago the MAC entered into an agreement with Eden Prairie. This agreement was eventually ruled unenforceable since the Met Council is legal the authority for airports. The Met Council sets guidelines for runway lengths, etc. Councilmember Mosinan asked about the status of the proposed"greenbelt"that was part of the proposed Met Council"Blueprint"a couple of years ago. Smith noted that the current Met Council rejected the Blueprint, and instead developed the current 2030 Framework. She said current policy is to encourage slow growth in contiguous areas, except in"rural growth centers." She said this type of growth allows for the most efficient placement of sewer systems. Case asked if there will be incentives to encourage communities to increase densities. Smith said there is not much funding available for incentives; however the Met Council is working to educate communities about the advantages of densifying in areas with existing infrastructure. Smith also noted that Baby Boomers are expressing interest in these denser types of development. Communications Manager Pat Brink said it is his understanding that by law the LRT trail that runs to Eden Prairie cannot be considered for use as a busway. Smith said legislation barring this was passed, but if the law needs to be changed it will be changed. She noted that Hennepin County owns that land, so it is not a Met Council issue. Case said it makes sense to run any transit way to the Southwest Station,which would keep it mostly off the LRT trail. Case suggested that Senior Planner Scott Kipp review the aviation portion of the Met Council report before the October 22 deadline for comments. City Manager Neal asked Smith about her position on geographic expansion of the Met Council. Smith said she thinks expansion makes sense,but it would be very difficult to accomplish at this time. She said intra-agency agreements with some surrounding counties could be helpful with transportation and environmental issues becoming ever more important. Council Chamber II. OPEN FORUM A. JODY RUSSELL—VOTER REGISTRATION Ms. Russell said she is an Eden Prairie resident with a deep idealism about democracy. She said her work with voter registration is about service,not politics. Russell said she was so impressed with Mary Jo Sponselor, a Minnetonka woman who has devoted a year of her life to voter registration that she offered to help bring this initiative to Eden Prairie. Russell said she encountered her first hitch when she requested to set up a voter registration booth at the City's International Festival on July 31. Russell's request was denied because"political activity"is not allowed at these types of events. Russell reiterated that she does not view voter registration as political and she was later thrilled to hear that there was a voter registration booth at the event. Russell asked to come before Council after she and Sponselor began voter registration activities at other sites in Eden Prairie. Russell said at the first building they visited a third of the residents registered,but when they moved on to another senior citizens' building,the manager told them not to come and that the City agreed with this decision. Russell said she contacted the City Clerk's office and was told there are concerns about possible identity theft by individuals claiming to conduct voter registration. Russell said she did see an article in the newspaper about a phone scam, but still felt she should have been allowed to conduct voter registration at the building. Councilmember Butcher asked if there is a procedure for being certified to do voter registration. Russell said the Secretary of State issues guidelines for registering voters, but that there is no certification process. Case said what Russell is doing is laudable,but he pointed out the City does not have the resources to ensure everyone who says they want to conduct voter registration is trustworthy. City Manager Scott Neal said he spoke with the City Clerk about Russell's concerns. It is his understanding that the owner of the building called the City to ask if it was legal for outside individuals to conduct voter registration. The owner was told that it is legal,but she is not required to allow it. Councilmember Mosman said while it is good for people to register,the City cannot be held responsible for checking credentials. Case said as a government entity,the City needs to remain neutral, and it sounds as if we are doing that. Butcher suggested Russell ask the Secretary of State's office to provide a letter of support for her to present when asking to enter buildings. Case pointed out that pre-registration is not required to vote in Minnesota,and many people take advantage of the right to register at the polls on Election Day B. JOE BERG—STOP SIGNS AT HAMES &EVENER WAY Mr. Berg said he has spoken with several staff members to get stop signs installed on Hames and Evener Way. He is concerned with traffic speeds on these two roads,which are heavily used as short cuts. He has asked the City to look at control or the appearance of control for speed on these roads. Mr. Berg said he has to cross the street to get to his mailbox and traffic often has to swerve to miss him. He took an informal survey that indicates cars are typically going between 35 and 45 miles per hour. Berg said he was told by the Traffic Engineer Randy Newton that stop signs can result in increased speeds and are"unwarranted"for his neighborhood. Berg said his request was also"pushed aside"by Public Works Director Gene Dietz. Berg asked what data the City has collected on traffic speeds on his street. He said the City appears to be basing their decision on volume and not speed. Mr.Berg said he works for another City, and in his experience just because someone is a PE it doesn't mean they are Karnacic. Berg said he was further frustrated when he asked City Manager Scott Neal for assistance. He said Neal indicated that it does not matter that the engineers making the decisions don't live in the neighborhood in question. Councilmember Case said he knows traffic volumes are heavy before and after school on these roads near the high school. He suggested Dietz and Newton meet with the Police Department to further evaluate the issue, and report back to Council. He asked that Mr.Berg be kept informed. C. OFF-LEASH DOG AREA PROPONENTS Dr. Robert Skinner is a vet and runs a veterinary clinic in Eden Prairie. He was a member of a committee that studied the possibility of an off-leash dog park and recommended development of 20 acres of MAC property near Flying Cloud Airport for this purpose. The Parks and Recreation Commission chose not to accept these recommendations, and instead designated four outdoor hockey rinks for off season off-leash dog use as well as a 2.5 acre area. He said these areas are sufficient only for one or two people and dogs to use at a time. Dr. Skinner said a well-designed off-leash area for dogs and their owners to legally, safely play would be a great asset to Eden Prairie. In his experience, well-exercised dogs cause far fewer problems than other dogs. He also pointed out that the dog park in Bloomington is so heavily used that it was just enlarged by 30 percent. Dr. Skinner sited an Oregon report that identifies dogs and their owners as a new user group of park and recreation facilities. Dr. Skinner asked that the City provide the same consideration to this group as it does other more established user groups, such as joggers and bikers. Councilmember Case suggested carrying this discussion over to the Council meeting for further discussion. It was agreed to add this item to the Council Agenda. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.:VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,OCTOBER 5,2004 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 Mayor Tyra-Lukens was absent. Councilmeinber Case served as Acting Mayor and called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers,Mosman added an item regarding off leash dog areas; and Butcher added a brief synopsis on the National League of Cities Leadership Summit. MOTION: Butcher moved, seconded by Mosman to approve the agenda as published and amended.Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 21,2004 MOTION: Mosman moved,seconded by Young to approve the minutes of the City Council Workshop held Tuesday, September 21,2004.Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 21,2004 MOTION: Butcher moved,seconded by Young to approve the minutes of the City Council Meeting held Tuesday, September 21,2004.Motion carried 3-0 with 1 abstention. VI. CONSENT CALENDAR A. HILLTOP TOWN OFFICE by Arima,L.L.C.2nd Reading for Planned Unit Development District Review with waivers on 6.89 acres,Zoning District CITY COUNCIL MINUTES October 5,2004 Page 2 Amendment within the Office Zoning District on 6.89 acres, and Site Plan Review on 6.89 acres. Location: 7480 Flying Cloud Drive. (Ordinance for Zoning District Amendment,Resolution No.2004-138 for Site Plan Review) B. ADOPT RESOLUTION NO.2004-139 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 4TH ADDITION C. BLUFF COUNTRY VILLAGE by Hustad Investments.Extension to the Developer's Agreement and Site Plan Approval (Resolution No.2004-140 Granting Extension to the Developer's Agreement and Site Plan Approval) D. ADOPT RESOLUTION NO.2004-141 AWARDING CONTRACT FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS TO DMJ CORPORATION, I.C.03-5606 E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO THOMAS AND DAISY HAUNG FOR PLACEMENT OF FILL AT 6891 BEACH ROAD F. ADOPT RESOLUTION NO.2004-142 APPOINTING ELECTION JUDGES/STUDENT ELECTION JUDGES FOR NOVEMBER 2 GENERAL ELECTION G. APPROVE AMENDMENT TO EDEN PRAIRE FIREFIGHTERS RELIEF ASSOCIATION BYLAWS H. APPROVE AMENDED LEAD AGENCY AGREEMENT FOR THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT I. APPROVE AGREEMENT WITH HENNEPIN COUNTY TO COMPLETE PHASE II OF THE BIG FOOT CD-ROM,I.C. 02-5578 J. ADOPT RESOLUTION NO.2004-143 AUTHORIZING DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND MOTION: Mosman moved, seconded by Butcher, to approve Items A-J of the Consent Calendar.Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE PINES by Epic Development.Request for Planned Unit Development Concept Review on 5.09 acres,Planned Unit Development District Review with waivers on 5.09 acres, Zoning District Change from Rural to R1-13.5 on 5.09 acres, Preliminary Plat of 5.09 acres into 8 lots. Location: 9576 Crestwood Terrace. (Resolution No.2004-144 for PUD Concept Review,Resolution No. 2004-145 for Preliminary Plat) CITY COUNCIL MINUTES October 5,2004 Page 3 City Manager Scott Neal reported that official notice of this public hearing was published in the September 23, 2004,Eden Prairie Sun Current and sent to 53 property owners. He said this is for 8 single family lots. The Community Planning Board voted 8-0 to recommend approval of the project at its September 13,2004 meeting. Neal said the proposal is to rezone the property from Rural to R1-13.5. The existing house will remain. The density of the project is 1.57 units per acre.All lots meet code requirements. Outlot A will be dedicated to the City to accommodate a future trail. Tree loss is 21%. Tree replacement is 60 caliper inches. He said severe erosion was identified during the site evaluation by the City and the Watershed District and will require corrective action by the Developer or as a joint project between the City,Watershed District and Developer prior to grading of the property. A Planned Unit Development waiver is required for the storm water pond to encroach 20 feet within a shore impact zone. This waiver is reasonable in exchange for land dedicated to the City to protect the creek and wetland areas. The plans have been revised according to the staff report. Neal said after review of the project by the Community Planning Board,Hennepin County submitted its comments regarding a deficiency in sight distance along Pioneer Trail at Crestwood Terrace, and indicated that a solution for this problem needs to take place. City staff will be meeting with the County this week to discuss potential interim solutions for the sight distance deficiency prior to second reading for the project. The developer is requesting authorization for issuance of an early grading permit so this work can begin prior to 2nd Reading for the project. Dietz gave an update on the status of the county road improvement recommendations. He said there was a meeting Monday with Hennepin County staff and it was agreed that the burden to improve a 40-year-old intersection of Pioneer Trail should not be put on an 8-lot subdivision.He said alternatives were discussed and the county is beginning to think in terms of some kind of cooperative project with the city to look at improving sight distance.He said now that the county is aware of the short sight distance,they believe it's important to address it properly. Dietz said staff discussed with the consultant's engineer a potential solution that would involve raising the grade of Crestwood Terrace as it intersects Pioneer Trail. He said that could be as much as two feet and that modification could be made and work within the proposed grading plans.Dietz said it's possible there would be a proposed solution that could be implemented next year between the city and Hennepin County, but it may be that on an interim basis that the county could prohibit turns from that location and make it right in and right out only. Case asked if the location is where all the evergreen tree planting is on the corner. Dietz said it is on the corner and the property owner on the south has a number of evergreen trees as well.Case asked if there are plans to utilize or move the smaller trees to save them. Jeremiah said the recommendation is to always to save as many CITY COUNCIL MINUTES October 5,2004 Page 4 trees as possible. She said in this case they will lose as many as 21 percent of the trees on the property and the replacement is 60 caliper inches so there has been a significant effort to save trees. She said she believes most of them are larger trees so she is not positive about the potential to move some,but she will pass that recommendation along and make sure they utilize as many as possible. Mosman said only above a certain size qualifies for tree loss calculations, and not having looked at those trees, if they had not been pruned for transplanting, they grow out and have less of a chance of surviving.Therefore, she explained,transplanting may not be something the city can ask for. There were no public comments. MOTION: Young moved, seconded by Butcher, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 5.09 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 5.09 acres; and adopt the Resolution for Preliminary Plat on 5.09 acres into 8 lots;and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions;and authorize issuance of an early grading permit for Prairie Pines. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Young,to approve the Payment of Claims. The motion was approved on a roll call vote with Butcher,Case,Mosman and Young voting "aye." X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Off Leash Dog Areas—Councilmember Mosman Mosman presented photos of area dog parks and explained the history of a proposed off leash dog area in the city. She said almost two years ago, a 1600- signature petition was received from residents requesting a fenced-in playground for dogs, and a task force studied the issue. She said the study resulted in hockey rink pens for off-season times,the approval of a 2-plus acre site in the Golden Triangle, and denial of the task force's first choice—part of a 42-acre parcel just west of the airport. CITY COUNCIL MINUTES October 5,2004 Page 5 Mosman said the hockey rinks are being used,but she is told there is not sufficient room for larger dogs to roam there. She said the 2-acre site has been waiting for a chain link fence and parking and may open yet this fall. She said the Cedar Hills park 42-acres of rugged and undeveloped parkland parcel was given to the task force to analyze and the task force recommended half of this to use. She said it was turned down because of neighborhood concerns about smell,safety,barking, etc. Mosman said the Metropolitan Airports Commission has an unofficial off leash area near MSP,and there are other off leash parks in Prior Lake and Bloomington. She said people take their dogs to run illegally in Eden Prairie parks and on the trails because there is no place to let a dog off its leash. Mosman said around the state and the country there is a big increase in development of off leash dog areas. She said in the Minneapolis St.Paul metro area,42 of 45 cities contacted do allow dogs on leash on all of their public land and walkways and in 19 years there has been no incident of a dog biting a child in an off leash dog area in the Hennepin County Three Rivers Park District dog parks. She said Eden Prairie has about 2,200 licensed dogs and well over that number unlicensed.Mosman said on July 4,2004,she asked dog owners if they'd like to see an off leash dog area in the city and no one said no. She said she also asked those without a dog who may not like dogs or who may be allergic to dogs if they'd favor an off leash dog park in the city and overwhelmingly no one said no. Mosman said dogs are social animals and need contact with other dogs and with people and there are psychological and physical problems dogs develop when they are kept in confinement.She said most common complaints received by Eden Prairie animal control officers are about loose animals in the parks and people not picking up after their animals. She said Three Rivers Park District is possibly going to open a 10-acre park area in Bryant Lake Park.Mosman said overuse is a concern and the intent of the Three Rivers District is to supplement,not supply,a city's off leash needs. She said the city has 2,500 acres of open public land and it is likely there are areas where off leash areas could be provided. She said neighborhood parks are planned within one mile of every home in the city and other communities should not have to take care of Eden Prairie's dog needs. She said annual maintenance of Bloomington's dog area is about$700. Mosman said facts need to come out about how the park areas function to calm fears. She said she visited three different dog areas and they were all consistent in that they were not objectionable,not littered,no angry dogs,not a lot of noise and no smell. She showed photos of the 25-acre park in Bloomington. CITY COUNCIL MINUTES October 5,2004 Page 6 Case asked Lambert if there is no MAC land outside of zone B, outside of zone A,that would be 5 or 10 acres large enough for something like this. Lambert said staff has addressed that with MAC and to date they indicate it's not acceptable for that use. Mosman said criteria of what would be needed is more than one area in the city to avoid overuse; fencing and a gate;trash and out house service;periodic mowing;wood chipping in an entrance area; a buffer between off leash areas and yards; sufficient size to provide actual running and overcrowding with several acres desired;water, pond, creek and/or spigot; shade and seating. She said she hopes that council would agree to ask that this be looked at again because there is a significant amount of interest in it. Case asked Neal if it would be possible for staff to provide an update on how the current dog park system is working and the concept for additional access for dogs.Neal said yes and staff will take another look at the analysis and prepare a report for the council. 2. Synopsis on National League of Cities Leadership Summit— Councilmember Butcher Butcher provided an overview on a leadership summit she attended as part of the National League of Cities Leadership Institute. She said the conference was called Finding our Voices,Discovering the Foundations of Democracy. She said the program was designed to explore the foundations of democracy and understand the leadership role and responsibilities as a local official within democracy. She said it was focused on strengthening democracy within communities and there were many well-known speakers at the summit. She said they focused on the three primary components of democracy—creation, preservation and expansion—and how each of our cities are at various stages of democracy.Butcher said if you look at the different initiatives in the City of Eden Prairie, she believes the city is at various places in the three stages. She said it was a great conference and she is pleased to have attended. 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 CITY COUNCIL MINUTES October 5,2004 Page 7 XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher,to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 19, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Development/ Best Buy Store Planning Janet Jeremiah/Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Office to Commercial Regional Service on 5.39 acres;and • Adopt the Resolution for Site Plan Review on 5.39 acres; and • Approve the Development Agreement for Best Buy; and • Approve and Authorize Issuance of a Grading Permit for Best Buy, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 19, 2004, as approved by the City Council. Synopsis This is a 45,000 square foot retail building. Attachments 1. Ordinance for PUD District Review and Zoning Change 2. Resolution for Site Plan Review 3. Development Agreement BEST BUY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.28-2004-PUD-15-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the Planned Unit Development Commercial Regional Service Zoning District 28-2004-PUD-15-2004(hereinafter"PUD-15-2004-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 19,2004,entered into between Best Buy, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-15-2004-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-2004-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-2004-C-Reg-Ser 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-C-2004-C-Reg-Ser are justified by the design of the development described therein. D. PUD-15-2004-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction,marketing,and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be,and hereby is removed from the Office Zoning District,and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-15-2004- C-Reg-Ser and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference,as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of September,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 19th day of October,2004. ATTEST: Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . EXHIBIT A PUD Legal Description —Best Buy Legal Description Before Final Plat Lots 1,2 and 3,Block 1,Leona Addition AND That part of Lots 1 and 2 of Auditor's Subdivision No.335,lying southwesterly of U.S.Interstate Highway No.494 (per Doc.No.3677302)and southeasterly and easterly of State Highway Nos.212 and 169(per Doc.No.3677302) and(Torrens Doc.No.888473)more particularly described as: Beginning at the southwest corner of said Lot 1 and running thence on an assumed bearing of East and along the south line thereof a distance of 761.92 feet to its intersection with the southerly boundary of Interstate No.494;thence North 64 degrees 48 minutes 29 seconds West and along said southerly boundary a distance of 65.85 feet;thence continuing along said southerly boundary and along a curve to the left having a chord bearing of North 74 degrees 07 minutes 20 seconds West and a central angle of 20 degrees 19 minutes,and a radius of 2446.48 feet,on an arc distance of 867.50 feet;thence on a tangent to said curve bearing North 84 degrees 16 minutes 50 seconds West and continuing along said southerly boundary,a distance of 124.60 feet;thence South 19 degrees 18 minutes 33 seconds West and along the easterly boundary of Trunk Highway 169 a distance of 236.57 feet;thence South 01 degrees 02 minutes West a distance of 55.17 feet to a point on the south line of Lot 2 of said Auditor's Subdivision No.335,being also the most northwesterly corner of Lot 2 of the plat of LEONA ADDITION;thence east along said south line a distance of 330 feet more or less to the southeast corner of said Lot 2 and the southwest corner of Lot 1 and being the point of beginning,all of which land is situate in Hennepin County,Minnesota. EXCEPT That part of Lot 1,Auditor's Subdivision Number 335,Hennepin County Minnesota,lying Southeasterly, Southwesterly and Westerly of the following described line: Beginning at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East,assumed bearing,300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. AND EXCEPT That part of Lot 1,AUDITOR'S SUBDIVISION NUMBER 335,Hennepin County,Minnesota,lying Southwesterly of U.S.Interstate Highway Number 494(per Document No.3677302)and lying Easterly of a line described as: Beginning at a point on the South line of said Lot 1,and said point being North 90 degrees 00 minutes 00 seconds East,assumed bearing,300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 193.50 feet to a point on the South line of said Interstate Highway Number 494 and said line there terminating,and also lying Easterly of a line described as: Commencing at-a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East assumed bearing 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet to the point of beginning of the line to be described;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. Legal Description After Final Plat Lot 1,Block 1,Best Buy Second Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA • SUMMARY OF ORDINANCE NO. 28-2004-PUD-15-2004 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 7901 Flying Cloud Drive from the Office Zoning District to the Commercial Regional Service Zoning District on 5.39 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Cleric 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 Cleric.) BEST BUY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEST BUY STORE BY BEST BUY STORES,LP WHEREAS,Best Buy Stores,LP,has applied for Site Plan approval of Best Buy Store to construct a 45,000 square foot retail building, by an Ordinance approved by the City Council on October 19, 2004; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its September 13,2004 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 21, 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 Best Buy Stores, LP based on the Development Agreement between Best Buy Stores, LP and the City of Eden Prairie, reviewed and approved by the City Council on October 19,2004. ADOPTED by the City Council of the City of Eden Prairie this 19th day of October, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT Best Buy THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 19,2004,by Best Buy Stores,L.P.,a Delaware limited partnership,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 Planned Unit Development Concept Review on 5.39 acres, Planned Unit Development District Review with waivers on 5.39 acres, Zoning District Change from Office to Commercial Regional Service Zoning District on 5.39 acres,Site Plan Review on 5.39 acres,and Preliminary Plat of 5.39 acres into 1 lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Office to Commercial Regional Service Zoning District, Resolution No. for Site Plan Review,and 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 September 15, 2004, reviewed and approved by the City Council on September 21, 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. 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. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection,review or approval by City. 5. RIGHT TURN LANE IMPROVEMENTS ON LEONA ROAD: RIGHT TURN LANE IMPROVEMENTS ON LEONA ROAD: Developer agrees that the turn lane improvements to Leona Road contained in the Plans is conceptual. Prior to issuance by the City of any permit for the construction of the right turn lane,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of final plans for the public turn lane improvements. Plans for public infrastructure shall be of a plan view and profile on 22 x 34 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value of infrastructure improvements dedicated to the City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. Bonding in the amount of 125%of the turn lane improvements shall be required prior to release of the final plat of the Property in accordance with City Code. Developer agrees to construct the turn lane concurrent with the construction on the property and completed prior to the release of any occupancy permit for the property. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C,attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: 2 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 ofthe 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. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the 3 City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 140 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD , and as shown on plans in Exhibit B. A. No loading facility permitted to be located on a street frontage to one loading facility located on a street frontage. B. Front yard setback to parking from 35 feet to 17 feet along Leona Road. C. Driveway access width from 30 feet to 37 feet. D. Wall sign waiver from 300 square feet to 497 square feet. 12. RETAINING WALLS: Prior to issuance by the City of any permit for 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 4 construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property adjacent to Leona Road. Developer agrees to construct the sidewalk concurrent with the construction on the property and completed prior to the release of any occupancy permit for the property. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 15. TREE LOSS - TREE REPLACEMENT: There are 509 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 248 diameter inches. Tree replacement required is 148 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 148 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. 5 IN WITNESS'WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. Best Buy Stores,L.P. CITY OF EDEN PRAIRIE By By Nancy Tyra-Lukens Its Its Mayor By By Scott H.Neal Its Its City Manager STATE OF NIINNESOTA ) ) 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 ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2004,by ,the of Best Buy Store,L.P., , on behalf of the partnership. Notary Public 6 EXHIBIT A DEVELOPMENT AGREEMENT- BEST BUY Legal Description Before Final Plat Lots 1,2 and 3,Block 1,Leona Addition AND That part of Lots 1 and 2 of Auditor's Subdivision No. 335, lying southwesterly of U.S. Interstate Highway No.494 (per Doc.No. 3677302) and southeasterly and easterly of State Highway Nos. 212 and 169 (per Doc.No. 3677302) and(Torrens Doc.No. 888473) more particularly described as: Beginning at the southwest corner of said Lot 1 and running thence on an assumed bearing of East and along the south line thereof a distance of 761.92 feet to its intersection with the southerly boundary of Interstate No.494;thence North 64 degrees 48 minutes 29 seconds West and along said southerly boundary a distance of 65.85 feet;thence continuing along said southerly boundary and along a curve to the left having a chord bearing of North 74 degrees 07 minutes 20 seconds West and a central angle of 20 degrees 19 minutes, and a radius of 2446.48 feet, on an arc distance of 867.50 feet;thence on a tangent to said curve bearing North 84 degrees 16 minutes 50 seconds West and continuing along said southerly boundary, a distance of 124.60 feet;thence South 19 degrees 18 minutes 33 seconds West and along the easterly boundary of Trunk Highway 169 a distance of 236.57 feet;thence South 01 degrees 02 minutes West a distance of 55.17 feet to a point on the south line of Lot 2 of said Auditor's Subdivision No. 335, being also the most northwesterly corner of Lot 2 of the plat of LEONA ADDITION; thence east along said south line a distance of 330 feet more or less to the southeast corner of said Lot 2 and the southwest corner of Lot 1 and being the point of beginning, all of which land is situate in Hennepin County,Minnesota. EXCEPT That part of Lot 1, Auditor's Subdivision Number 335, Hennepin County Minnesota, lying Southeasterly, Southwesterly and Westerly of the following described line: Beginning at a point on the South line of said Lot 1, said point being North 90 degrees 00 minutes 00 seconds East, assumed bearing, 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. AND EXCEPT That part of Lot 1,AUDITOR'S SUBDIVISION NUMBER 335,Hennepin County, Minnesota, lying Southwesterly of U.S. Interstate Highway Number 494 (per Document No. 3677302) and lying Easterly of a line described as: Beginning at a point on the South Iine of said Lot 1, and said point being North 90 degrees 00 minutes 00 seconds East, assumed bearing, 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 193.50 feet to a point on the South line of said Interstate Highway Number 494 and said line there terminating, and also lying Easterly of a line described as: Commencing at a point on the 7 South line of said Lot 1,said point being North 90 degrees 00 minutes 00 seconds East assumed bearing 300.36 feet from the Southwest corner of said Lot 1;thence North 43 degrees 42 minutes 37 seconds East 62.10 feet to the point of beginning of the line to be described;thence South 46 degrees 17 minutes 23 seconds East 57.73 feet;thence South 00 degrees 00 minutes 00 seconds East 5.00 feet to a point on the South line of said Lot 1 and said line there terminating. Legal Description After Final Plat Lot 1,Block 1,Best Buy Second Addition 8 EXHIBIT B DEVELOPMENT AGREEMENT-BEST BUY PLANS 1. Cover Sheet dated August 16, 2004 by WCL Associates,Inc. 2. Topographic Survey by Rehder and Associates,Inc. 3. Preliminary Plat dated July 15,2004 by Rehder and Associates,Inc. 4. Grading,Utility and Erosion Control Plan dated August 19,2004 by WCL Associates,Inc. 5. Notes dated August 18,2004 by WCL Associates,Inc. 6. Details dated August 18,2004 by WCL Associates,Inc. 7. Tree Inventory and Removal Plan dated August 19,2004 by WCL Associates,Inc. 8. Tree Replacement and Landscape Plan dated August 19, 2004 by WCL Associates,Inc. 9. Architectural Site Plan dated July 16,2004 by WCL Associates,Inc. 10. Exit and Egress Plan dated August 16,2004 by WCL Associates,Inc. 11. Floor Plan dated August 16,2004 by WCL Associates,Inc. 12. Lower Level Floor Plan dated August 16,2004 by WCL Associates,Inc. 13. Exterior Elevations dated August 16,2004 by WCL Associates,Inc. • EXHIBIT C DEVELOPMENT AGREEMENT-BEST BUY 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. 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. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and. the Owners,their successors and assigns of the Property. V. 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. VI. 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 10 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. VII. 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. VIII. 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. IX. 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. X. 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. XI. Developer shall,prior to the commencement of any improvements,provide written notice to 11 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. XII. 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. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. 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. XVIII. 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. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer 12 acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation ofthe terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration ofthe Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. 13 EXHIBIT D DEVELOPMENT AGREEMENT -BEST BUY EROSION CONTROL POLICY -AUGUST 1, 1997 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: 14 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 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Prairie Pines Development/Planning Janet Jeremiah Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change; and • Approve the Development Agreement for Prairie Pines; and • Approve and Authorize Issuance of a Grading Permit for Prairie Pines, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 19, 2004, as approved by the City Council. Synopsis This is for 8 single-family lots. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-2004-PUD-16-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 29-2004-PUD-16-2004 (hereinafter "PUD-16-2004-R1-13.5"). • Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 19,2004, entered into between Epic Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-16-2004-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-16-2004-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-2004-R1-13.5 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-16-2004-R1-13.5 are justified by the design of the development described therein. D. PUD-16-2004-R1-13.5 is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-16-2004-R1-13.5 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 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of October, 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 19th day of October,2004. ATTEST: • Kathleen A.Porta, City Cleric Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Prairie Pines Legal Description Before Final Plat Tract F,Registered Land Survey No. 1410.Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 —8,Block 1,and Outlot A,Prairie Pines,Hennepin County,Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 29-2004-PUD-16-2004 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 9576 Crestwood Terrace from the Rural Zoning District to the R1-13.5 Zoning District on 5.09 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk 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 Cleric.) DEVELOPMENT AGREEMENT Prairie Pines THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 19, 2004,by Epic Development XII,LLC,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 Planned Unit Development Concept Review on 5.09 acres, Planned Unit Development District Review with waivers on 5.09 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 5.09 acres, and Preliminary Plat of 5.09 acres into eight lots and one outlot, legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No.2004-144 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 5.09 acres,and 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 September 28, 2004, reviewed and approved by the City Council on October 5, 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. 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. 4. 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. 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. The Developer also agrees that the portion of the grading plan adjacent to CSAH#1 and Crestwood Terrace may require adjustments based on construction plans for Pioneer Trail adjacent to the Property. Final grading of this area may not take place until June 2005,after such time as CSAH#1 plans have been prepared by Hennepin County. The final grading plan for this area must be submitted to the City Engineer for final approval. 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. 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. 8. HOOK UP TO PUBLIC UTILITIES: Prior to issuance of any occupancy permit for the Property, Developer shall-connect the existing house on Lot 5, Block 1, Prairie Pines, as depicted on the Plans, to public utilities, and the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements,and the Property restored. 9. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. John C. Zattoni B. Lynette A. Wheelock 10. 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 A. A 20 foot encroachment into the shore impact zone for the storm water pond as shown on the plans provided Outlot A is dedicated to the City. City code does not permit alteration within a shore impact zone. 11. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property,and restoration of the Property. Concurrent with the grading of the Property and prior to issuance by City of any occupancy permit for the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located along Crestwood Terrace as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction adjacent to Crestwood Terrace. 13. SPECIAL ASSESSMENT AGREEMENT FOR TRUNK ASSESSMENTS AND STABILIZATION OF CREEK EROSION: 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: (i) trunk sewer and water assessments on an assessable area of 3.98 acres in the amount of$21,929.80; and (ii) for stabilization of existing erosion within the Riley Creek corridor adjacent and within the Property in an amount equal to 25% of the project cost, not to exceed $8,000.00. The Developer hereby grants the City,it's agents,employees,officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with stabilization of the existing erosion. 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 and trail. Construction of Crestwood Terrace shall be phased such that the section of Crestwood Terrace between CSAH#1 and the interior cu-de-sac serving the Property is constructed in 2005. Design and construction of this section of Crestwood Terrace must be coordinated with regards to street grades and drainage with improvements to CSAH#1 adjacent to Crestwood Terrace to be constructed by Hennepin County. Final construction plans for this section of Crestwood Terrace shall be submitted to the City Engineer for written approval after CSAH #1 plans have been designed by Hennepin County.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. Bonding in accordance with City Code shall be required for all public infrastructure. 15. TREE LOSS -TREE REPLACEMENT: There are 985 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 203 diameter inches. Tree replacement required is 60 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 60 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. UTILITY EASEMENTS: Prior to the release of the final plat for the Property,Developer shall convey drainage and utility easements to the City over the portion of 9601 Crestwood Terrace (PIN# 30-116-22-21-0006) necessary to convey the discharge from the wetland located within 9601 Crestwood Terrace that discharges through the Property. 17. 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. Satisfactory completion of the Wetland Plan will be determined by the Environmental Coordinator prior to release of the performance bond,cash escrow,or letter of credit for the project. 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, erosion,or other conditions,the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") as needed 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 wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. Erosion was identified within Wetland and Wetland Buffer strip areas on the project property. An Action Plan to address this area shall be included in the Wetland Plan. 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 commenced. 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 F) 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 first building permit for any portion of the Property, Developer shall install 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 prohibited. E. Wetland Performance Bond: Prior to release of the final plat for any portion of the Property,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. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 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 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 Epic Development XII,LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -PRAIRIE PINES Legal Description Before Final Plat Tract F, Registered Land Survey No. 1410. Hennepin County, Minnesota. Legal Description After Final Plat Lots 1 — 8,Block 1, and Outlot A, Prairie Pines, Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT—PRAIRIE PINES PLANS 1. Cover Sheet dated 9/28/04 by Ryan Engineering 2. P-1 Surrounding Properties Plan dated 8/20/04 by Ryan Engineering 3. P-2 Existing Conditions Plan dated 9/2/04 by Ryan Engineering 4. P-3 Preliminary Plat dated 9/2/04 by Ryan Engineering 5. P-4 Preliminary Site and Utility Plan dated 9/28/04 by Ryan Engineering 6. P-5 Preliminary Grading and Tree Preservation Plan dated 9/2/04 by Ryan Engineering EXHIBIT C DEVELOPMENT AGREEMENT—PRAIRIE PINES 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 Planned Unit Development,Zoning District Change,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. John C. Zattoni B. Lynette A. Wheelock 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 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. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,ofthe 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, except as otherwise authorized in the approved Plans, 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 'V2 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. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10)days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s)and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT—PRAIRIE PINES 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 EXHIBIT E DEVELOPMENT AGREEMENT—PRAIRIE PINES 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 Epic Development XII,LLC,a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to properly 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"Trunk Improvements"). C. The Owner desires to develop the property and acknowledges that existing erosion adjacent to Riley Creek exists and must be repaired concurrent with the development(all of which is hereafter referred to as the"Creek Stabilization Improvements"). D. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements and Creek Stabilization 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 in the amount of $21,929.80 for the Trunk Improvements and 25%of the City's cost,not to exceed$8,000.00,for the Creek Stabilization 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. OWNER CITY OF EDEN PRAIRIE Epic Development XII,LLC A Minnesota limited liability company 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 ,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 the of Epic Development XII, LLC, a Minnesota limited liability company,on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT-PRAIRIE PINES CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this_day of ,2004 by and between Epic Development XII, LLC, 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 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 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 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. Grantor agrees to maintain the Easement Area 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. 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 II.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 Epic Development XII,LLC,a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" EXHIBIT B "EASEMENT AREA" EXHIBIT C "EASEMENT AREA" DIAGRAM OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN EPIC DEVELOPMENT XII, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of October 19,2004,by and between John C. Zattoni and Lynette A. Wheelock, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of October 19,2004,by and between Epic Development XII,LLC,a Minnesota limited liability company,and City("Development Agreement"), Owner agrees with City as follows: 1. If Epic Development XII, LLC 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 Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, Resolution No. 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. 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 By By Nancy Tyra-Lukens Its Mayor By 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 John C. Zattoni and Lynette A. Wheelock, husband and wife. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Nat Tract F,Registered Land Survey No. 1410.Hennepin County,Minnesota. Legal Description After Final Nat Lots 1 — 8, Block 1, and Outlot A,Prairie Pines,Hennepin County,Minnesota. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Public Works Engineering Svcs. Final Plat Approval of Best Buy Second ITEM NO.: VII. C. Randy Slick/Eugene A.Dietz Addition Requested Action Move to: Adopt the resolution approving the final plat of Best Buy Second Addition. Synopsis This property is located at 7901 Flying Cloud Drive. The plat consists of 5.39 acres to be platted into one lot for the construction of a 45,000 square foot retail building. This is a replat of Lots 1,2 and 3,Block 1, Leona Addition. Background Information The preliminary plat was approved by the City Council on September 21,2004. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on October 19, 2004. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$636.02 • Receipt of street lighting fee in the amount of$479.79 • Prior to release of the final plat,Developer shall provide to the City a title insurance policy in the amount of$65,000. • 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. • Completion of Vacation of underlying drainage and utility easements • Revision to plat shall include an additional 25'by 25'triangular right-of-way dedication at the intersection of Leona Road and TH212. • Prior to release of the final plat, Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles Offices. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEST BUY 2ND ADDITION WHEREAS, the plat of Best Buy 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 Best Buy 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 19,2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 19,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk It/ c "/ effi .1„, -2 . u; 4,3 s .t. '5• 'ti 1, 0 0 t'i 1 3.il, -I-' 0 / 77. t' I of. . E. O z II 4.2 ., t 1,E .0 ., -6 V) o 6 6 / '.. 7' i t 5. '..., fl) N Z Z 4• z ;:, 1.s. .g E f.EF,^ 6 nd / / o 2.6. / / It t. 1 2., liiti -0 c N g:, ori •o c4 6 / / z 2E I 21 :A A 1-i 0 ... L g.) (ll 0 / / / / .0 v) a) e / / 1-- a_ 31 C) / / % It: x Ai _.....__z--SEMI 14151117.4 0 0. / , sr, R t 6> il V' 1111111.0 C.!: , \ C: / ...• Zr: .."...,.. C 1.< .L. / \ / ..$:-'i / s‘ .s 1 ,.., •,.. , i 90 v I ‘• is yi / ": 46 i •, I/ .., •ii, 1 Z i :. i i '''' # i V4 -• • ,':C za C) r, I WWI }.. I r•. .i..a z.- i ..) 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KNOW ALL MEN BY THESE PRESENTS That Best Puy Co.Inc,o Minnesota corporation,owner and proprietor of the following described properly situated in the EDEN PRAIRIE.MINNESOTA the County of Hennepin,Slate of Minnesota,to sit The plot af BEST BUY SECOND AWBNN woo rePPrOved and accepted by the City of Eden Pm'vie.Minnesota al a regular meeting o thereof held Ihu Lots I,2 and J,Block 1,Leona Addition. day of ,AD..2004. 11 applicable.e the (ten comment.and recommendations of the Commissioner I Transportation Trannnsul,tan and the County Highway Engineer hone been received by the Ciy the prescribed JO day perked has elapsed without receipt of Such and comments and recemmendobana.as presided by Minnesota Statutes,Section 505.0.;Sued.2. That pad of Lots 1 and 2 of Audited Subdivision No.3J5,lying southwesterly of U.S.Interstate Highway Na.494(per DEC No.3677302)end toulheasleoy and easterly al Stale Highway Nos.212 and 169(per Doc.Na.3677302)and(Morena Doe.Na.686173)more padiwWarly described or Deginning I the southwest comer of said Lot I and running thence on an assumed bearing of East end along the south line thereat a distcnee of 761.92 CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA feet Iv its intersection with the southerly boundary of blentale No 494;thence North 64 degrees 46 minutes 29 seconds West and along said southerly By: ,its Mayor BY .its City Manager boundary a distance of 65.65 feet;thence continuing slang said southern boundary and along a cures to the felt hosing a chord bearing Of North 74 degrees 07 minutes 20 seconds West and a central angle of 20 degrees 19 minules,and a radius of 2446.46 feet.an an arc distance o/667.60 feet; thence an a tangent to said turn booing North 84 degrees 16 minutes 50 Seconds West and continuing along said southerly boundary.a distance al 124.60 feel;thence South 19 degrees II minutes 33 seconds West end along the ocularly boundary of Trudy Highway 169 a distance of 236.57 feet (hence South 01 degrees 02 minutes West a distance at 55.17 feel to a point an the south One of Let 2 of said Auditor's Subdivision No.335,being oho the most northwesterly corner al Lot 2 of the plot of LEONA Ao0010N;thence Baal along said south line a distance of 3J0 feet more or less to the southeast earner o/said Lot 2 and the southwest caner of lot 1 and being the point of beginning.a5 of which Iced is ailuated in Hennepin County. Minnesota. Except that part of Lot 1,Auditor's Subdivision Na.335.Hennepin County.Minneosta.tying westerly of SPRING NO.SUITES ADDITION,according to TAXPAYER SERVICES D[EPARrMENE HENNEPIN COI/NIY,MINNESOTA IM recorded plot thereof,Hennepin County.Minnesota. 1 hereby eedty that the taxes paycble in 2004 and prior years hove been paid for land described an this ptoL Doted this,__day of 2004. alas ea ed Iha s e to be vrveyed ond0lolled a PEST BUY SECOND ADOlfiON rid does hereby donate and dedicate In the public,far public use forever ppUick N,O'Connor,Hennepin County Auditor By: Deputy the raatl and the eesemenb for dreina9e d uliltly purpvae>as shorn.ADO, this Plat. In witnese whereof said Best Buy Co..fne.,a Minnesota corporation,hos caused these presents to be signed by it proper officer this_do),of of .2004. BEST BUY CO.,INC. SURVEY OM510H HSrO/EP N COUNTY.MINNESOTA '• By .,te Pursuant to Minnesota Statutes Section 3639.566(1969).this plot hos been approved Ibis day al .2004. William P.Brown,County Surveyor By. Stale of County o/ The foregoing instrument was acknowledged before me this day at ,2004 by of Best Buy Co,,Inc.a Minneealo corporation.an behalf of the corporation. notary Pubhe. County, My Commiasion Cr �— REGISTRAR OF ONES.N_N.lEPUI COUNTY.MINNESOTA hereby certify that the within plot at BEST BUY SECOND ADDITION nos fled in this office this day o1 .2004,at_o'clock .0. Michael H.Conniff.Registrar of Titles By;_ ,Deputy 1 hereby will that 1 hove surveyed and platted the land desenbed an this plat as BEST BUY SECOND ADDITION;that this plot is correct representation of Said maven that 11 distances or correctly shown on said plot in feet and hundredths of a foot;that all monuments have been carreett Placed in Una ground .000n on laid plat or wit be placed as required by the local governmental unit;and that the outside boundary lines are correctly d s.gnoted on the plot and that there are no wet lands as defined In Minnesota Statutes.Section 505.02.Sued. I,to be designated on the plat. MVn N,Render,Land Su Mimesolo License Na 1J2ry 95 Stale of Minnesota COUNTY RECORDER HENNEPIN COUNTY,MINNESOTA County of I hereby certify that the within plot of BEST PUY SECOND ADDITION was bled in Ibis office this_day of .2004,al_o'clock M, The foregoing Instrument was acknowledged before no,Inks day of ,2004.by.thin R.Render.Land Su Notary Publ,t. County.Minnesota Michael H.Conniff,County Recorder BY .Deputy My Camm,oa.nn Expn,s Rehder and Associates, Inc. Sheet 1 of 2 Sheets CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19, 2004 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. D. Finance Division Sue ICotchevar Contract for Auditing Services Requested Action Move to: Authorize professional services contract with Malloy, Montague, Karnowski, Radosevich &Co.,P.A. for auditing services for 2004 to 2006. Synopsis As a standard business practice, the City changes auditing firms and completes a request for proposal process for auditing services at least every five years. This year, Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) submitted the lowest qualified bid totaling $100,165 for the City and$15,410 for the Fire Relief Association for a total price of$115,575. Background Information Staffs recommendation to choose MMKR is based on: 1. Experience- Overall,MMKR audits about 15 municipalities, 6 relief associations, 27 school districts, and numerous other governmental and related entities. MMKR proposes to have four staff members on the City audit. Thirty five percent of the total hours spent on the audit will be conducted by upper management whereas the other proposals were around thirty percent. Two of the staff members on the audits are members of the Special Review Committee. These staff members are knowledgeable of any changes affecting the CAFR and will present ideas on how other cities handle different situations or implementations. 2. Price-For the three years of the audit contract,MMKR had the lowest bid of$115,575. The bids ranged from$115,575 to 151,200. 3. Quality —MMKR's references (Golden Valley, New Hope, Plymouth and Savage) have all indicated a high degree of satisfaction with the quality of work and follow-up. They have stated that MMKR is very knowledgeable in new pronouncements and in helping the cities implement these changes. Also, staff has been available throughout the year to answer any questions the City's may have and are prompt in responding to their concerns. Furthermore, staff has been very accommodating in meeting the City's timeline in conducting the audit. Attachment Professional Services Contract RFP for Audit Services AGREEMENT THIS AGREEMENT is made and executed the day of October, 2004, by and between the City of Eden Prairie, hereinafter referred to as the "Owner", and Malloy, Montague, Karnowski,Radosevich&Co.,P.A.,hereinafter referred to as the"Auditor", WITNESSETH; Owner and Auditor,for the consideration hereinafter stated, agree as follows: 1. Auditor's Duties: The Auditor shall provide the services specified in the Owner's Request for Proposals, dated August 20,2004 and the Auditor's Proposal dated October 1, 2004 (collectively referred to as "the Proposal") and shall do everything required by this Agreement and the Proposal. Auditor shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Auditor a fee not to exceed the sum of $115,575.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Auditor by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Proposal consists of the Auditor's Proposal dated October 1,2004 and the Owner's Request for Proposals, dated August 20, 2004. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract. In the event of any conflict between the documents comprising the Proposal, the Owner's Request for Proposals, shall govern in that order. 5. Completion: The Auditor shall complete all services in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be violated. 7. Claims: To receive any payment on this Contract, 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." 8. Data Practices Act: The Auditor 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 Auditor. 9. Audits: The books, records, documents, and accounting procedures and practices of the Auditor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Auditor until the Auditor has provided satisfactory evidence to the Owner that the Auditor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Auditor represents and warrants that it has and will maintain during the performance of this Agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this Agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Auditor 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 Auditor, any subcontractor of the Auditor, or any applicant for employment. The Auditor shall include a similar provision in all contracts with subcontractors to this contract. The Auditor 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. 13. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 14. Claims: To receive any payment on this Contract, 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." 15. Auditor's Prompt Payment of Subcontractors: The Auditor shall pay to any subcontractor within ten (10) days of the Auditor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Auditor shall pay interest of one and a half percent (1 '/z%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Auditor shall pay the actual amount due to the subcontractor. 16. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 17. Whole Agreement: This Agreement and the Proposal constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Auditor. Any subsequent modification must be in writing signed by both parties. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota,Hennepin County District Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager AUDITOR By Its P:\Home\EP\FINANCE\Auditor RFP\Professional Services Contract 101404.doc CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL MUNICIPAL AUDITING SERVICES AUGUST 20, 2004 CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL To Prospective CPA Municipal Auditing Firms: The City of Eden Prairie is requesting proposals from qualified firms of certified public accountants to audit the financial statements for the City and the Firefighters' Relief Association for the years ending December 31, 2004, 2005, and 2006 with an option of auditing its financial statements for each of the two subsequent years. DESCRIPTION OF GOVERNMENT: The City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and four-member council. For 2004, the City has approximately 316 full-time employees and a General Fund operating budget of$31,513,486. There are nine full-time employees in the Finance department. The City's accounting system, consisting of the General Ledger, Payroll, Accounts Payable, Accounts Receivable, Fixed Assets and Utility Billing systems, are fully automated. Budgets are recorded in the automated accounting system. Amendments and transfers are documented within the system. More information about the City can be obtained on our web site at www.edenprairie.org CONTRACTING PARTIES: Proposals must be submitted by 4:30 p.m.on Friday October I,2004 and addressed to: Tammy Wilson City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 email:twilson@edenprairie.org edenprairie.org PROPOSAL AND AWARD SCHEDULE: Pre-proposal meeting 1:00 p.m. Friday,September 17 Due date for proposals 4:30 p.m.Friday,October I Staff Review/Interviews October 4-22 City Council Approval November 9(tentative) All proposals are due at the City of Eden Prairie no later than Friday, October 1, 2004 at 4:30 p.m. Three copies of each proposal are required. There will be a mandatory pre-proposal meeting for all interested firms on Friday, September 17, 2004. This meeting will be held at the City Center Heritage Room, 8080 Mitchell Road at 1:00 p.m. A representative of the firm must be in attendance in order to qualify to submit a proposal. Proposers will be required to provide questions to the City, either by telephone, FAX or mail in advance of the meeting to afford time to prepare a response. Questions should be directed to Tammy Wilson, (952-949-8376). The City's FAX number is (952) 949-8383. Should any questions arise which cannot be answered at the meeting, the questions will be answered in writing and consolidated into a single question and answer document. The consolidated "Q&A" document will be returned to the firms on or about September 24, 2004. The City reserves the right to extend the time to submit written questions after the pre-proposal meeting if necessary. PROPOSAL REQUIREMENTS: For a proposing firm to be considered, three copies of the proposal shall include the following: • Title page showing the request for proposals' subject; the firm's name; the name, address and telephone number of the contact person;and the date of the proposal. • A signed letter of transmittal briefly stating the proposers understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three year period. • The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. • The firm shall provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards. The firm also shall provide an affirmative statement that it is independent of all the component units of the City as defined by those same standards, • The firm shall include biographies of the partner, in-charge, and staff auditors that would most likely be working on this engagement, if your firm were selected. Also include a list of references, including other municipalities that you audit, and describe your firm's experience with GASB 34 and in assisting municipalities to obtain the Government Finance Officer Association's Certificate of Achievement for Excellence in Financial Reporting. • Executed copy of Proposer Guarantees and Warranties (attached to this request for proposal-Appendix A) The selected audit firm will be required to provide a certificate of insurance for a minimum of$1,000,000 liability coverage. 2 • Schedule of Professional Fees and Expenses for the Audit(attached to this request for proposal-Appendix B) • Schedule of Firm's Professionals, City Clients and Experience (attached to this request for proposal-Appendix C) • A copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. There is no expressed or implied obligation for the City of Eden Prairie to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. AUDITOR CRITERIA: To be considered for this contract,your firm and all assigned key professional staff must be properly licensed to practice in the State of Minnesota. Evaluation consideration will include the following: • The ability to understand the City of Eden Prairies' auditing needs. • The approach to be taken to gain and document an understanding of the City's internal control structure. • The extent to which statistical sampling is to be used in the engagement. • The type and extent of analytical procedures to be used in the engagement. • The firm's past experience and performance on comparable government engagements. • The qualification of supervising staff assigned to the audit including the on-site supervisor; education, position in firm, years of governmental auditing, experience with GASB 34 and municipal audit certifications. • Adequacy of proposed staffing plan for various segments of the engagement. • Experience with Single audit compliance. • Ability to meet scheduled deadlines. • Price 3 SELECTION PROCEDURE: Proposals submitted will be evaluated by the Chief Financial Officer, Senior Accountant, and the Treasurer of the Relief Association. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. A Staff recommendation will be made to Council on November 9, 2004(tentative). AUDIT SCHEDULE: The schedule for interim work will be determined upon completion of selection process. It is desirable to complete as much work as possible on an interim basis. The City will have the accounting records ready for audit in early April. The City of Eden Prairie will prepare their own financial statements. The auditor is responsible for reviewing and editing. The Auditor shall have drafts of the audit reports and final recommendations to management available for review by the end of April. We anticipate the presentation to Council in May. The auditor may be required to prepare forms RF-99 (State Reporting Form), SID-99 (Investment Report Form), IRS 990 and SC-99 (Schedules 1 and 2) for the Firefighters Relief Association. A separate line item has been included on the cost hid sheet. This line item will be reviewed separately from the regular audit. SCOPE OF WORK: The audit of the City is to be performed in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act of 1996 and U.S. Office of Management and Budget(OMB) Circular A-133,Audits of State and Local Governments as well as all other Federal, State and local requirements in effect now or placed in effect during the engagement. The audit of the Relief Association will be performed in accordance with generally accepted auditing standards and the minimum audit procedures prescribed by the Minnesota State Auditor. For the City of Eden Prairie, the auditor is not required to audit the combining and individual fund financial statements and supporting schedules. However,the auditor is to provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The auditor is not required to audit the statistical section of the report. City staff will complete and balance all accounts at year-end. The City will provide staff assistance as is reasonably available. The City will furnish the following information and work papers in conjunction with the audit engagement. • Trial balances for all funds subject to the audit. • Bank reconciliations for all accounts that are subject to the audit. 4 • Detailed reconciling records and other information as required by the auditing firm and mutually agreed upon. If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. PERIODS TO BE AUDITED: A three-year contract with the City is contemplated, subject to an annual review. Based on satisfactory performance, the City may extend the agreement annually without solicitations from other firms. In the event of unsatisfactory performance,or when in the best interest of the City, proposals may be solicited before the end of the three year period. The agreement between the City and the auditing firm shall be the request for proposal and it will include any issues addressed in the RFP, AUDIT REPORTS: Following the completion of the audit of the City's financial statements, the auditor shall issue: • A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. • A report on the internal control structure based on the auditors' understanding of the control structure and assessment of control risk, • A report on compliance with applicable laws and regulations. • The auditor shall be required to make an immediate, written report of all irregularities, illegal acts, material weakness and reportable conditions which they become aware of. • The audit firm shall submit a report to the Chief Finance Officer at the end of the interim fieldwork. The report shall identify weaknesses observed in the system of internal accounting controls, assess their effect on the system, and propose steps to eliminate such weaknesses. 5 • The partner in charge of the audit and/or the Audit Manager must be available to attend public meetings for discussion of the final report should his/her attendance be requested by the City Council. An exit conference with the City Manager and Finance staff will be conducted by the auditor in charge. At the exit conference, findings and recommendations regarding compliance and internal control shall be discussed. • If a single audit is needed, the schedule of federal financial assistance and related auditor's report, as well as the reports on the internal controls and compliance, will not be included in the CAFR, They will be the responsibility of the auditor. RESERVATIONS: The City reserves the right to reject any or all proposals submitted. The City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted. CONTRACT TERMINATION: Either party may cancel the contract for an audit year by giving notice in writing to the other party at least ninety(90)days prior to January first of any year. RETENTION AND ACCESS TO WORKING PAPERS: All working papers and reports must be retained,at the auditor's expense,for a minimum of three(3) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. APPENDICES: A. Proposer Guarantees and Warranties B. Format for Schedule of Professional Fees and Expense to Support the Total all- inclusive Maximum Price. C. Format for Schedule of Firm's Professionals, City Clients and Experience. 6 APPENDIX A PROPOSER GUARANTEES AND WARRANTIES I, The proposer certifies it can and will provide and make available, as a minimum, all services set forth in the section titled"Scope of Work". II. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers,employees or agents thereof. III. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Eden Prairie and the Firefighters' Relief Association. IV. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name(typed): • Title: Firm: Date: 7 APPENDIX B Page 1 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2004 FINANCIAL STATEMENTS FOR THE CITY OF EDEN PRAIRIE Name of Firm: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Other(specify) Total all-inclusive maximum price for 2004 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 8 APPENDIX B Page 2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2005 FINANCIAL STATEMENTS FOR THE CITY OF EDEN PRAIRIE Name of Firm: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Other(specify) Total all-inclusive maximum price for 2005 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 9 APPENDIX B Page 3 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2006 FINANCIAL STATEMENTS FOR THE CITY OF EDEN PRAIRIE Name of Firm: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Other(specify) Total all-inclusive maximum price for 2006 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 10 APPENDIX B Page 7 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2004 FINANCIAL STATEMENTS FOR THE FIREFIGHTERS' RELIEF ASSOCIATION Name of Finn: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Alternate#1: Prepare required State forms Total all-inclusive maximum price for 2004 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 11 APPENDIX B Page 8 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2005 FINANCIAL STATEMENTS FOR THE FIREFIGHTERS' RELIEF ASSOCIATION Name of Firm: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Alternate#1: Prepare required State forms Total all-inclusive maximum price for 2005 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price, I2 APPENDIX B Page 9 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31,2006 FINANCIAL STATEMENTS FOR THE FIREFIGHTERS' RELIEF ASSOCIATION Name of Firm: Standard Quoted Hourly Hourly Hours Rates Total Total Partners Managers Supervisory staff Staff Other(specify): Subtotal Out of pocket expenses: Meals and lodging Transportation Alternate#1: Prepare required State forms Total all-inclusive maximum price for 2006 audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. 13 APPENDIX C Page 1 SCHEDULE OF FIRM'S PROFESSIONALS,CITY CLIENTS AND EXPERIENCE Name of Firm: Please provide the requested information in the space provided. If you wish,additional information can be supplied by addendum. 1. Size of Firm—Indicate below the personnel assigned to the local office. Number of CPA's providing greater Number of Number of than 500 service hours per year of Position Employees CPA's Governmental Services Partner Manager Seniors Juniors Support Staff Other 2. Firm's Experience—In this portion of the response form, please list the firm's municipal clients. Check if Currently City being Audited Reference Name 14 APPENDIX C Page 2 3. Staff Experience—Identify here the personnel who will be assigned to the City's audit. Years Total Years Cities now Name Position with Finn in Auditing Auditing 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Robert A. Lambert, Director Sports Facilities Charter Statement Parks and Recreation Requested Action Move to: Approve the establishment of a Sports Facilities Committee responsible for assisting City staff in determining the fair allocation of City sport facilities based on the policy that establishes guidelines for priority use of City facilities; as per the Charter Statement. Synopsis Attached to this memorandum is a Charter Statement that outlines the purpose of the Sports Facilities Committee as well as the roles and responsibilities of the Committee and staff assigned to support this Committee. The Committee will be an ad hoc of the Parks, Recreation and Natural Resources Commission and will make recommendation to the City staff and the Parks, Recreation and Natural Resources Commission regarding requests to use sports facilities. Representatives to this Committee will include three members of the Parks, Recreation and Natural Resources Commission, one representative from the School District and one representative from each of the athletic associations that use City sport facilities. All requests relating to establishing priority use, seasons, fees and charges and policies relating to the use of City facilities will be reviewed by this committee and recommended to the Parks, Recreation and Natural Resources Commission. Any organization wishing to have input into these manners must provide a representative to this Committee who will commit to attend meetings and represent their organization. City staff recommend either the president of the organization or the field scheduler for the organization represent the various organizations. This Committee will be responsible for recommending policy on how Eden Prairie sport facilities are used. At it's October 4th meeting, the Parks, Recreation and Natural Resources Commission approved the establishment of this committee. Attachment Charter Statement SPORTS FACILITIES COMMITTEE CHARTER STATEMENT Purpose Statement: The Sports Facilities Committee (SFC) is responsible for assisting City staff in determining the fair allocation of City sports facilities based on the policy that establishes guidelines for priority use of public facilities. Roles and Responsibilities: Committee Responsibilities: A. Review all requests for reservation use of City sports facilities each season, and assist City staff in determining priority use of City sports facilities, and determining the dates for determining seasonal priority use, and field schedules. B. The Sports Facilities Committee will make recommendations to the Parks, Recreation and Natural Resources Commission regarding fees for reservation use of City sports facilities. C. The Sports Facilities Committee will be responsible for verifying that all organizations or teams qualify for a specific priority use. D. For all Priority III teams or organizations, the Sports Facility Committee will be responsible to verify the following: • Ninety-five percent of the team or organization members are Eden Prairie residents. Eden Prairie residents are defined as individuals who live in Eden Prairie or who go to school in Eden Prairie.Any non-residents who don't attend Eden Prairie Schools,will pay a non-resident fee to be established by the City Council. • Residency requirements for swim teams is a minimum of 60%Eden Prairie; however, the highest priority will be determined by using the formula; (percentage of Eden Prairie team members x total number of team members= the quotient number.) The club or team with the highest quotient number will have highest priority if they meet all other Priority III requirements. (Each team will be required to provide the names and addresses of the swimmers who have registered for their latest swim season to the Sports Facility Committee to determine the quotient number. • The SFC will determine when a club or organization qualifies as a Priority III organization based on the number of Eden Prairie residents served. Sports Facility Committee Charter Statement Page 2 of 3 • Association or Club is a non-profit organization as defined by State Statue. Non-profit 501 C3 status must be verified by City staff. • The Association or Club must file a financial statement with the City each year that will be made public upon request.The statement must indicate revenue, expenditures,and fund balances.This statement will be reviewed by the Sports Facilities Committee at their January meeting each year. • Association is open to all Eden Prairie residents and must offer equal opportunities for participation. • All association or club Board meetings are open to the public with parents of the participants able to be eligible to vote on Board members. • The association or club organization must have an open process for parents to discuss concerns or recommend changes to the organization. • Teams are playing during the designated"primary"season. • Priority III teams when scheduling tournaments, clinics, camps or other non- league uses on weekdays or any non-league use on weekends will be charged a fee based on costs as determined by City staff and approved by the City Council each year. E. A copy of the bylaws of all Priority III teams will be reviewed by the Sports Facilities Committee anytime there is any change in those bylaws.A copy of each Association or Club's bylaws will be available for review at all times. F. Priority IV—Priority X use requests will also be reviewed by the Sports Facilities Committee. G. The Sports Facilities Committee will assist City staff in recommending any changes to the procedures that have been adopted for administering the Priority Use Policy. H. Committee members representing various Associations or Clubs will be responsible for providing all data from their club or association required by Priority III teams,clubs or associations by the deadline set by the SFC. Staff Responsibilities: A. To collect all data required of Priority III teams and submit for review by the Sports Facilities Committee at the various meetings throughout the year. B. To provide reports on all of the statistical data required by the policy for review by the Sports Facilities Committee. Sports Facility Committee Charter Statement Page 3 of 3 C. To provide expertise and recommendations as necessary on all agenda items. D. Develop agendas and provide support material. E. Provide information for Council and Commission. Membership: Sports Facilities Committee will be made up of three members of the Parks, Recreation and Natural Resources Commission,one representative from the School District and one representative from each qualifying athletic association that uses City sports facilities.2005 membership will include a representative from the following: Aquajets Swim Team Foxjets Swim Team Eden Prairie Baseball Association Eden Prairie Girls Athletic Association (Softball) Eden Prairie Football Association Eden Prairie Soccer Club- Eden Prairie Soccer Association Eden Prairie Lacrosse Association Eden Prairie Hockey Association Eden Prairie Figure Skating Club Reports to: The Sports Facilities Committee is an ad hoc committee of the Parks,Recreation and Natural Resources Commission and will make recommendations to that Commission. Chair of the Committee: The Chair of the Committee will be one of the three members of the Parks, Recreation and Natural Resources Commission. Staff Liaison: Lyndell Frey Staff Support: Stu Fox,Bob Lanzi,Beth DeGree Meeting Time and Place: 3rd Monday of the month.Dates to be determined by the Committee. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. F. Robert A. Lambert, Director Planning for Phases of Trails Systems Parks and Recreation within the Edenbrook,Riley Creek and Purgatory Creek Conservation Areas Requested Action Move to: Authorize staff to hire a planning consultant to assist City staff in developing plans and cost estimates for developing trails within the Riley Creek Conservation Area from County Road 1 south and east to Miller Spring; and from Homeward Hills Road south to Riverview Road within the Purgatory Creek Valley; and within the Edenbrook Conservation Area. Synopsis The City has had plans for constructing trails within these conservation areas in the City's Park and Open Space System Plan for over twenty years. City staff need to have detailed information on the trails in these locations including the type of trail, location of the trail, location of bridges and estimated costs, to include costs estimates within the five year CIP. Staff would anticipate constructing phases of these trails each year over the next five to ten years. At its October 4,2004 meeting the Parks,Recreation and Natural Resources Commission approved this recommendation. Background The planning for these trail systems will require information on topography, flood plain elevations, water shed district requirements for creek crossings, and recommendations on the best type of trail to construct within various parts of each of these conservation areas. For example some steep slopes may require a hard surface trail with retaining walls, etc.,while other crossings of flood plain areas may require floating boardwalks. City staff believes that we will not be able to make good decisions or even good cost estimates on any portion of these trail systems without having information on the entire trail systems. Residents are already asking questions regarding the location of these trails and whether they would be pedestrian trails or bicycle trails, etc. Staff would anticipate the consultant would work with the Parks,Recreation and Natural Resources Commission addressing many of these questions throughout the planning process. Staff would recommend initiating this planning process this fall and completing the plans by spring of 2005 so estimates for various projects can be included in the CIP when it is updated during the next budget cycle. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Stuart Fox,Manager of Parks Award Contract for Park Building at and Natural Resources, Miller Park Softball Field Complex Parks and Recreation Requested Action Move to: Adopt Resolution awarding contract for Miller Park Softball Field Building to American Liberty Construction, Inc. in the amount of$349,400. Synopsis On August 3, 2004, City Council approved the concept design and funds for the construction of the storage/concession/restroom facility at the Miller Park softball fields. Plans and specifications were prepared and bid opening was conducted on October 7,2004. Total of 16 bids were received for this project. The consultant's estimate for construction of the building was $355,700. The completion date for this building is April 20, 2005, and staff recommends award of the contract and that the project proceed. Attachments • October 8, 2004,Letter from Delano Erickson Architects • Bid Tabulation Summary • Resolution 1.4 DELANO ERICKSON ARCHITECTS s", sic,n • �s 10700 HIGHWAY 55,SUITE 308 PLYMOUTH,MN 55441 . • w (763)544-8370 October 8,2004 • Mr.Bob Lambert Parks and Recreation • 8080 Mitchell Road Eden Prairie,MN 55344 • Re: Miller Park Softball Building Commission No.0415 Dear Mr.Lambert: We received 16 bids on Oct.7,2004 forthe Miller Park Softball building ranging in amount from $349,400 to$497,591. Our cost estimate in June 23,2004 was$355,700. As presented in a memo to you on that date.(Bid tabulation enclosed herewith) Having reviewed the low bid with the low bidder,American Liberty Construction and having worked with them on past projects with Eden Prairie and other clients,we recommend award to them for$349,400. • Since the base bid is within our estimate and budget we do not see a need to accept any of the deduct alternates. • Please send them a notice to proceed after council action and plan on a preconstruction meeting at 9:00 AM Tuesday October 26,2004. Sincerely, • DELANO ERICKSON ARCHITECTS • • Del Erickson AIA DE/tit ARCHITECTURE• / ENVIRONMENTAL QUALITY OF LIFE . . Bid Tabulation Bids Due on 1.0/07/2004.at 2:60.-P.M. Delano Erickson Architects MILLER PARK SOFTBALL City.of Eclen.Prajrie : . . . . . BUILDING . . • . • BIDDER - BASE BID 1 ALTA. • •' ALT 2 .. ALT -N..T 4 - Bid Addenda Comp. Date ' Ded Omit all • Ded Painting :. DOI:ropily. • PedCupola Security No. 1 Quarry Tile Cases.and • and LoUyers . • • . ._ . and•CT:ID-FM• Bulletin 102 q71) ., • - • - • Rochon..Corporation • Itliti tX)17 _./VIIOja:-• . 4131CT .)'4:'Boards .41 ,VCOP _.* 7 ' V 412,91t) -. i. Cottonwood Construction i51 500. 9 te•P‘ , 1;11Q34zo - . 1**'f;611 .iAt 1 'L?)0 " • -4---e. • "'- Merrimac Construction 4111 5 co 5 t, criti4 4.01obo .. • ilip`611,6-. -1 1 al:1 li": V 11-/ Ofel,6'_ 0 Morcon i`f M 1 *4" "5; t2eA, S t 9C-0 - 4440;• e.91 01.Pip • 17 , v 4/zbi. 26- American Liberty Construction voe, t civo V 1,'''i Lilf-of, * ' 1 • • 1 . 1 I. • Ebert Construction teA71 5190 141 eVa0 8%14'00 4116 0 1 /.124%* , V/ , . • .Pt*fie2. -- Parkos Construction CO ,flq----4670-------6-i- pg------zi too—*no— -11-4,po. Gen Con Construction 011). g341 Li/1°0 , 41.),Cf C4e, .*).ea). 6•>)5."&t,_ V. , r- —,-- CM Construction 4g451,44 • Prestige Builders of MN / , . • _. _ GA Construction 45‘i CVO P.1:1006) A WO - *7.iZet) IrZae? 1, V , I•1.1zo/o6', • Maertens Brenny Construction • 11'5 I 1 60;) tc;t7e› a,exrp 'be:goo :1,..opet V MET-CON ifrV0100e7 /4"1 00 et 0,; V- .i•il WO 47*, ' 1/ PRO CON _ , 01 . . . . • Gladstone Construction Inc. --tat I.Plei ikt 0 eicoo--;, -4);&)63 •-z I t21767, V, t., t q-coo 1 , Lund Martin Construction Sleri-go li --(5ei - e,004, L4-p.61c iivrep v`Z. ‹. . si-fiz)/06-• Cobra Construction . _ 1"--.0 ii 1 90/, skvo, 01 wo 44,‘fc, Si o.6'6? .Y v' 1-1-'---4 L Unicorp INC.0 . - 1 . . . _. . Greystone • Sl'fre? ._ *ibl& limo"' 4-i:00 . /-14". i . • k . 1 . •- , 1 • . 1 • . . . • . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: Miller Park Softball Field Building Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Parks and Recreation Director recommends award of Contract to American Liberty Construction,Inc.as the lowest bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with American Liberty Construction, Inc., in the name of the City of Eden Prairie in the amount of$349,400.00 in accordance with plans and specifications thereof approved by the Council and on file in the office of the Manager of Parks and Natural Resources. ADOPTED by the City Council of the City of Eden Prairie on October 19,2004. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen A.Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19, 2004 DEPARTMENT/DIVISION: Eugene A. Dietz ITEM DESCRIPTION: ITEM NO.: VII.H. Public WorksRequest that Hennepin County study speed limits on Pioneer Trail (CSAH 1) Requested Action Move to: Adopt resolution requesting speed study for Pioneer Trail(CSAH 1)from the west leg of CSAH 4 to the west corporate limit. Synopsis As a result of an onsite meeting for the Prairie Pines subdivision with Hennepin County staff,it was jointly agreed that a re-evaluation of speed limits on Pioneer Trail would be desirable. The protocol requires that Council request speed limit modifications by a formal resolution. After adoption,staff will forward the document for Hennepin County and MnDOT evaluation. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING SPEED STUDY FOR CSAH 1 (PIONEER TRAIL)FROM THE WEST LEG OF CSAH 4 TO THE WEST CORPORATE LIMIT WHEREAS, CSAH 1 (Pioneer Trail) in Eden Prairie was designed and initially constructed at a time when the entire area was rural in character; WHEREAS, the rapid growth in Eden Prairie has resulted in a major transformation of the land uses along CSAH 1 to urban uses; WHEREAS,the posted speed limit for the roadway in the segment between CSAH 4 and the west corporate limits for Eden Prairie has been modified from time to time, which has resulted in variable speed limits; WHEREAS, segments of the roadway being requested for study have limited horizontal and vertical site distances and have been posted with advisory speed limits; WHEREAS, Carver County has a posted speed limit of 45 m.p.h. from the west corporate limits of Eden Prairie to TH 41; and WHEREAS, growth in Eden Prairie along the corridor continues to add traffic volume to the intersecting side streets and growth in the southwest region results in ever-increasing traffic volumes. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Hennepin County Department of Transportation/Minnesota Department of Transportation is hereby requested to initiate appropriate safety and speed studies for CSAH 1 from the west leg of CSAH 4 to the west corporate limit of Eden Prairie with the specific intent of providing a consistent, enforceable and driver apparent safe speed for the corridor. ADOPTED by the Eden Prairie City Council on October 19,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19, 2004 DEPARTMENT/DIVISION: Rodney W. Rue ITEM DESCRIPTION: I.C. #93-5305 ITEM NO.: VII. I. Public Works/EngineeringApprove TH212 Design-Build Master Utility Agreement with MnDOT Requested Action Move to: Adopt resolution approving the TH212 Design-Build Master Utility Agreement with MnDOT for the TH212 Design Build Project from CSAH 4 (Eden Prairie Road) to Carver County Road 147, I.C. #93-5305. Synopsis This agreement defines the design, construction, inspection, maintenance and financial aspects of any existing or proposed City-owned utilities within the project limits. This is a three-party agreement between MnDOT,the utility owner(City)and the Design-Build contractor,which defines responsibilities of each party. The City will have financial obligation for some of the utility relocation costs. These costs will be determined through the design-build proposal process, (as defined in this Master Utility Agreement),and the Cooperative Construction Agreement,which will be included in the Council agenda in November. This agreement allows for reimbursement of city inspection costs up to $30,000.00 Background Information This MnDOT project was given layout approval/municipal consent by the Eden Prairie City Council on February 17,2004. The design-build cost proposals will be opened on December 10,2004,with the contract award anticipated in January 2005. Construction should begin in the spring of 2005, with completion by November 2007. Attachments • Resolution • Due to the size of the TH212 Design-Build Project Master Utility Agreement(65 pages),we are not including the agreement in the Council packet. Our City Attorney has reviewed the Agreement. A copy of the Agreement is available in the City Engineer's Office or via e-mail. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVE TH212 DESIGN-BUILD MASTER UTILITY AGREEMENT FOR THE TH212 PROJECT FROM CSAH 4 to CARVER COUNTY ROAD 147 (LC.93-5305) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to construct new TH212/TH312 from CSAH4(Eden Prairie Road)to Carver County Road 147;and WHEREAS, the City of Eden Prairie has given layout approval/municipal consent of said improvements; and WHEREAS,the Minnesota Department of Transportation(MnDOT)has prepared a Design-Build Master Utility Agreement that identifies ownership, design, construction, inspection, maintenance and financial responsibilities for said TH212 project. NOW,THEREFORE,BE IT RESOLVED by City Council of the City of Eden Prairie that said Design-Build Master Utility Agreement No. 86827 for State Project No. 1017-12 (T.H.212) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on October 19,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: October 19, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. J. Randy L. Slick,Public Grading Permit for City Storage Works/Engineering Facility,I.C.#00-5519 Requested Action Move to: Authorize issuance of grading permit for City Storage Facility, I.C. #00-5519 Synopsis The City has purchased (January 2002)a 17.2-acre outside storage facility site located south of Pioneer Trail and east of TH212. The request for a grading permit will include site grading, infiltration basin and berming around the perimeter of the site. Approximately 45,000 cubic yards of material will be moved on the site. All fees will be waived. 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. 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' I �1. /l. .\ \p:3,4/ / / /1\ j mix ,,,i. I\1 l 7I �`e• ',--_. (L.,,,c, :--,i,---•. fib,y� yor I/ / j --1;1-\ / / 1 11 ,11 1j `/' ,.l"Ib�V, � . ZN, g1,4''d / 1 i SONf1�IW dNtl I / / 1 1 1 /° �� ���� ref. / 'LLS• s / NDOB 03HSN>YJ / 1 1 1 \ \ 1 SeNId33NS / S 031uD3tl J `e::;;: -.\ ',.., ':c" mow.•' I, °imas \`.:' ~4` ;', " . rmt wa L l� —' •\ /I\0h'l.� CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 19, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. K. Office of the City Manager Resolution Regarding the Metropolitan Scott H.Neal/Scott A.Kipp Council's 2030 Transportation Policy Plan and Flying Cloud Airport Requested Action • Move to: • Adopt the Resolution Regarding the Metropolitan Council's 2030 Transportation Policy Plan and Flying Cloud Airport Synopsis The Metropolitan Council is in the process of adopting the 2030 Transportation Policy Plan. The Plan includes the aviation system plan by reference to the 1996 Aviation Policy Plan. The Aviation Policy Plan identifies the approval by the Metropolitan Council of the Metropolitan Airports Commission's Long Term Comprehensive Plan for the expansion of the primary runway to 5,000 feet at the Flying Cloud Airport. The Resolution recommends that the Metropolitan Council recognize in the 2030 Transportation Policy Plan that the Flying Cloud Airport with a 5,000 foot runway achieves its role and long- term needs and operational demands for the regional system of airports, and that the Metropolitan Council adopt as part of the 2030 Transportation Policy Plan a commitment that Flying Cloud Airport will not be subject to further expansion or change in its minor use designation. Staff will be submitting written comments on the aviation aspects of the 2030 Transportation Policy Plan to the Metropolitan Council prior to the October 22, 2004 comment period end. Attachment 1. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION REGARDING THE METOPOLITAN COUNCIL'S 2030 TRANSPORTATION POLICY PLAN AND FLYING CLOUD AIRPORT WHEREAS,the Metropolitan Council has prepared its 2030 Transportation Policy Plan as required by Minnesota Statutes,section 473.146; and WHEREAS,the 2030 Transportation Policy Plan incorporates the transportation policies and plans that support the Metropolitan Council's Regional Development Framework and describes the Council's approach to investments between now and 2030; and WHEREAS,the 2030 Transportation Policy Plan now includes the aviation system plan by reference to the 1996 Aviation Policy Plan;and WHEREAS,the 1996 Aviation Policy Plan contains policies and a system plan to guide the development of the Twin Cities area's airports,as well as procedures to guide the Metropolitan Airports Commission(MAC)and local governments as plans are made for improvements at the airports,and for land uses adjacent to these facilities;and WHEREAS,the Minnesota State Legislature passed a law stating that the Metropolitan Airports Commission shall not use any revenue to construct or expand the use of an existing metropolitan airport from minor use to intermediate use status without approval by law. The law defines minor use airports with a runway or runways no longer than 5,000 feet; and WHEREAS,the 1996 Aviation Policy Plan identifies the approval by the Metropolitan Council of MAC's Long Term Comprehensive Plan for the expansion of the primary runway to 5,000 feet at the Flying Cloud Airport; and WHEREAS,Flying Cloud Airport is a minor use airport located in Eden Prairie,owned and operated by MAC and subject to State and Metropolitan Council oversight; and WHEREAS,the City of Eden Prairie and MAC entered into a Final Agreement concerning Flying Cloud Airport regarding, among other things,the expansion of the airport and maintaining a maximum runway length of 5,000 feet;and WHEREAS,the MAC is finalizing an Environmental Impact Statement for the expansion of the primary runway to 5,000 feet at the Flying Cloud Airport;and WHEREAS,as the host community to the Flying Cloud Airport and by virtue of the agreements set forth in the Final Agreement with MAC,the City of Eden Prairie has made a significant contribution in providing for the long-term needs of the Twin Cities area's airport system and operational demands for the future. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Eden Prairie that this City Council recommends that the Metropolitan Council recognize in the 2030 Transportation Policy Plan that: (i) the Flying Cloud Airport as expanded with a 5,000 foot runway and with continued minor use designation achieves its role in the metropolitan system of airports and makes a significant contribution to the long-term needs and operational demands of the system, and(ii) adopt as part of the 2030 Transportation Policy Plan a commitment that Flying Cloud Airport will not be subject to further expansion or change in its minor use designation. ADOPTED by the City Council of the City of Eden Prairie on this 19th day of October, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene A. Dietz A resolution adopting City comments of Public Works the 2030 Transportation Policy Plan Requested Action Move to: Adopt Resolution approving City comments regarding the 2030 Transportation Policy Plan Synopsis On behalf of its member cities, the Association of Metropolitan Municipalities (AMM)prepared comments regarding the proposed 2030 Transportation Policy Plan(TPP). The AMM is requesting that cities adopt a Resolution supporting the comments that have been prepared. In addition, it has come to staff attention that TH62 and TH169 have a new designation in the TPP, which could potentially limit the eligibility of these corridors for expansion funding if it becomes available. The Resolution requests that Metropolitan Council move these two corridors into the "Expansion" category rather than in the"Management"category or identify these two corridors as high-priority candidates for expansion if funding becomes available. Background Information The agenda also contains a Resolution regarding the TPP as it relates to airports. This Resolution deals with highway issues only. The information regarding the funding category that TH62 and TH169 are in was brought to staff attention late last week. Staff recommends that both the general comments from the AMM as well as the specific comment regarding these corridors be addressed through the Resolution and that it be forwarded to Metropolitan Council during the comment period that is open until October 22,2004. Attachments Resolution "2030 Transportation Policy Plan" CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2030 Transportation Policy Plan Whereas, forecasts call for almost one million additional residents in the seven-county metropolitan area by the year 2030; Whereas, an effective and efficient transportation system,that includes both roads and transit,is key to the successful growth and development of our region; Whereas, congestion and mobility issues are already among the most pressing challenges facing our region; and Whereas, a comprehensive and well-rounded plan for our regional transportation system requires the input of numerous stakeholders,including local governments. Now therefore be it resolved,that the City Council of City of Eden Prairie provides the following specific comments on the 2030 Draft Transportation Policy Plan: 1. The City of Eden Prairie supports the attached comments prepared by the Association of Metropolitan Municipalities in regards to the draft 2030 Transportation Policy Plan and urges the Metropolitan Council to make the requested changes to the draft plan before granting it final approval. 2. The City of Eden Prairie is concerned about the implications of the change in designation of TH62 (outside the I35W Commons Project) and TH169 within the"I494/1694 Beltway". Changing the status from an Improvement Corridor and moving these roadways into Management Corridor status at first glance moves them up in priority. However,this may preclude the two highways from being funded for their real need— expansion. With the possibility of an additional 30%funding for the expansion category, less vital projects may well receive expansion funding ahead of these two critical corridors. The City of Eden Prairie requests that Metropolitan Council move these segments of TH62 and TH169 into the Expansion Category to insure their proper placement in funding the needed expansion improvements or identify that these two management corridors will be high priority candidates for expansion in the Constrained Plus 30%Scenario. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk September 30,2004 TO: Metropolitan Council FR: Association of Metropolitan Municipalities RE: 2030 Transportation Policy Plan Thank you for the opportunity to provide our comments on the public hearing draft of the 2030 Transportation Policy Plan(TPP). The Association of Metropolitan Municipalities is composed of 70 cities from around the seven-county metropolitan area,who share your assessment that transportation is one of the most important challenges facing our region today. After closely following your work developing the draft TPP and discussing it with our Board of Directors and member cities, the Association of Metropolitan Municipalities offers the following comments for your consideration. 2030 Transportation Policy Plan Overall,the draft plan does a good a job of outlining the situation facing this region—a rapidly growing and increasingly mobile metropolitan area that is expected to add another million residents by the year 2030. The plan is equally clear and direct in recognizing that current funding sources and levels are inadequate to meet the needs of this region. Without additional funding, congestion will worsen,travel times will continue to increase and both our mobility and economic prosperity will suffer. Finally,we are encouraged by the emphasis this plan puts on transit. AMM's members are strong supporters of a multi-modal transportation system that combines highway investments with the regular route bus service and dedicated transitways required in a metropolitan region of our size. Given these areas of agreement,we would,however, like to urge the Council to make several changes to the draft plan before giving it final approval. 1) Transportation and Land Use Planning As an organization of cities,AMM and its members view this plan from a slightly different perspective than other stakeholders. To cities,this is not just another needs analysis or study of our transportation system. It is a statutorily mandated and enforceable component of our planning process. Viewed from this perspective,we have several concerns about what the plan expects of local governments and their comprehensive plans. Policy 18 states that in order for a local comprehensive plan to be in conformance with the regional transportation system, cities must plan for the forecasts allocated to them and that they must do so in a manner that does not add traffic to any already congested roads. Furthermore,it states that extensions or capacity expansions to the regional sewer system will be predicated on the state or local unit of government demonstrating that"adequate transportation improvements will be provided when needed to avoid significant negative impact"on the highway system. This is unrealistic and unachievable in most parts of the region—especially given the congested state we are already in and the lack of funding to address existing problems or future needs. For the vast majority of metropolitan cities it simply will not be possible to accommodate any additional households without adding to already congested roads. There is no reasonable way to enforce this policy without shutting down development in many parts of the region. Given the official role this document plays in our local-regional planning process,it is important that all policies contained in the transportation policy plan are realistic and equally enforceable across the region. This is not the case with the currently drafted policy#18. Secondly,the draft plan talks a lot about encouraging cities to develop higher density and mixed- use centers that are transit-oriented and pedestrian friendly. This brings with it an obligation on the Council's part to commit to providing transit service to that area for the long-term. Unfortunately, this is an obligation the Council does not appear to have the resources to meet—especially in the case of developing cities. Cities cannot be expected to develop areas geared to transit,with higher densities and fewer parking spaces,only to have that transit service significantly reduced or eliminated during the next round of budget cuts. Additionally,the draft plan uses too many ambiguous terms when referring to cities and their comprehensive plans. In some cases, its says cities"must,"while in others it says cities are "expected to"or that they"should"do certain things. The plan needs to clearly identify what cities must have in their comprehensive plans in order for those plans to be found in compliance with the system plan,versus what the Council would like to see in those plans as a matter of preference. Finally, the draft plan talks extensively about"managing"traffic and"managing"congestion,but there is very little discussion or mention of"accommodating"traffic or people. This region is so far behind on its transportation infrastructure that the 30-year plan is almost entirely about meeting existing needs. There is very little in this plan to serve future growth. For example,the plan does not identify a single new principle arterial,despite the fact that numerous cities have approached the Council about roads that are already functioning as principle arterials,but lack the appropriate designation,planning or design. Furthermore, despite the Framework's projections of significant population increases for the developing cities in Dakota,Anoka and Scott Counties,the transportation policy plan fails to include any projects to serve that growth. 2)Transportation Funding The plan lacks a clear and specific proposal for funding the needs identified. Experience has shown that this region cannot afford to sit back and wait for additional funding to materialize out of the legislative process. The Metropolitan Council has an obligation to put politics aside and the needs of the metropolitan area first. We invite you to join with local governments and other stakeholders to actively propose and work for additional funding. AMM and its members have long supported a variety of means of raising the funding necessary to build and maintain the transportation and transit system this region needs. Whether it be an increase in traditional funding sources such as the gas tax or license tab fees,or the introduction of new sources such as a metro-area sales tax or county-imposed wheelage tax,AMM and its member cities are ready and willing to work with the Council to develop and pass a multi-modal transportation funding package that can realistically address the needs of this region. Without the voice of our regional planning authority,it will be very difficult to overcome the partisan disagreements and special-interest battles that have left us without a permanent funding increase for 16 years. Given the Council's responsibility to plan the regional transportation system,it is most definitely your role to step into the heart of the issue and contribute to a solution on the funding issues. At a very minimum the plan should provide more specifics about what additional funding would mean on the ground. In order to make the case for additional funding,legislators and citizens need specific information about how additional money would be spent. The transportation policy plan should paint a clear and specific picture of the transportation system residents can expect in exchange for supporting higher funding levels. Summary In summary,while the draft plan makes many good points and includes important planned investments,it does not go far enough in proposing a realistic funding plan,identifying the investments necessary to support an additional million residents or providing a realistic foundation for local comprehensive planning. Thank you for the opportunity to share our concerns with you. If you have any questions or would like to discuss any of our comments in more detail,please feel free to contact Kris Wilson,interim executive director, at(651)215—4003. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. A. Jim Richardson,Public Works Hearing for Approval of 2004 Special /Engineering Assessments Requested Action Move to: ■ Close the public special assessment hearing for the approval of the 2004 special assessments; and ■ Adopt the resolution approving all Special Assessments presented in the fall of 2004 Synopsis Each year,the city council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year,the Council will address a list of supplemental assessments for such things as trunk exclusions, lateral exclusions and trunk utility assessments. Background Information See the attached list of projects that the Council will be asked to approve for levying special assessments for collection with property taxes. The total amount proposed to be assessed in 2004 is $672,487.75. Attachments Resolution List of projects Letters from Property Owners CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2004- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2004. To the first installment shall be added interest on the entire assessment from November 1, 2004 until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2005. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. 2004-133 is herein revised in accordance with Exhibit A attached hereto. ADOPTED by the Eden Prairie City Council on the 19th day of October, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A SUPPLEMENTALS PID# YEARS/% AMOUNT TRUNK SEWER&WATER Edenvale Highlands 04-116-22-33-0002 5 / 6.5% $40,002.60 Fountain Place 14-116-22-31-0019; 10 / 6.5% $15,042.30 14-116-22-33-0007; 14-116-22-34-0008,0009,0010 Dave Patterson 21-116-22-31-0006 5 / 6.5% $6,643.60 Traxler Addition 24-116-22-44-0094 5 / 6.5% $2,369.30 Kleve Addition 27-116-22-14-0002&0007 5 / 6.5% $12,838.30 Settlers West 30-116-22-23-0006 5 / 6.5% $38,680.20 Prairie Pines 30-116-22-24-0008 5 / 6.5% $21,929.80 Meadowcroft 30-116-22-43-0013;0014,0015, 5 / 6.5% $23,772.20 0016 Brookview Ridge 36-116-22-41-0004 5 / 6.5% $25,125.60 EXCLUSIONS TRUNK SEWER&WATER _ IC 99-5491 Cedar Forest _ Mowbray 20-116-22-34-0010 17 / 8.5% $520.00 Hedland&Trickey 29-116-22-21-0053 17 / 8.5% $520.00_ IC 98-5474 Crestwood Terrace Langenfeld 30-116-22-13-0003 19 / 6.5% $520.00 Bell 30-116-22-13-0011 19 / 6.5% $520.00_ Foslien 30-116-22-13-0012 19 / 6.5% $520.00 Johnson 30-116-22-13-0013 19 / 6.5% $520.00 Keogh 30-116-22-13-0019 19 / 6.5% $520.00_ Fisher 30-116-22-13-0020 19 / 6.5% $520.00 Heier 30-116-22-13-0022 •. : 19 / 6.5%: Paid' $520.00 Yanchuk 30-116-22-42-0002 19 / 6.5% $520.00 Kallevig 30-116-22-42-0005 19 / 6.5% $520.00 Dorenkemper :: 30-;116-:22 42=0007:::i:: 19:./ 6:5%'::...Paid: ::$520 00!: Rogers 30-116-22-42-0008 19 / 6.5% $520.00 Grier 30-116-22-42-0011 19 / 6.5% $520.00 Ingram 30-116-22-42-0013 19 / 6.5% $520.00 Morton 30-116-22-42-0014 19 / 6.5% $520.00 Brown 30-116-22-42-0016 19 / 6.5% $520.00 Atkinson 30-116-22-42-0017 19 / 6.5% $520.00 Kenerson ... :3041622:-424)019 :19 /.6.5%. ..':Paid $520::00 Viken .. . •:. .:..::30.116;22-42r0021: :..;;: :•.19.:./.6.5.%p: .: `Paid 1520.00 IC 96-5406 Highview/Lakeland Manning ::::. .. 31_P116=22=2.2=0006:. 17 / 8..5%. :':Paid.' $520.00 Eidem 30-116-22-22-0015 17 / 8.5% $520.00 EXCLUSIONS LATERAL SEWER&WATER IC 99-5491 Cedar Forest Crabtree/Cole 20-116-22-31-0002 17 / 8.5% $8,080.00 20 116-22-33-0004: . :: 17.:18:5%.`. Paid . $8,080.00 . o Mowbray 20-116-22-34-0010 17 / 8.5% $8,080.00 Sorenson ;29=116-22721-0013 .:.:::::. ::.:::' ::: '17:./'8:5% ;. :Paid .: 8,08000 Hedland&Trickey 29-116-22-21-0053 17 / 8.5% $8,080.00 29-116-22-22-0005 17 / 8.5% Paid $8,080.00 IC 98-5474 Crestwood Terrace Langenfeld 30-116-22-13-0003 19 / 6.5% $9,832.00 Bell 30-116-22-13-0011 19 / 6.5% _ $9,832.00 Foslien 30-116-22-13-0012 19 / 6.5% $9,832.00 Johnson 30-116-22-13-0013 19 / 6.5% $9,832.00 Keogh 30-116-22-13-0019 19 / 6.5% $9,832.00 Fisher 30-116-22-13-0020 19 / 6.5% $9,832.00 Heier 30-116-22'-13-0022 19. / 6.5% Paid , $9,832.00 Yanchuk 30-116-22-42-0002 19 / 6.5% $9,832.00 Kallevig 30-116-22-42-0005 19 / 6.5% $9,832.00 Dorenkemper . . 30-116:22-42-00.07 19 / 6.5%%%. Paid $9,832.00 Rogers 30-116-22-42-0008 19 / 6.5% $9,832.00 Grier 30-116-22-42-0011 19 / 6.5% $9,832.00 Ingram 30-116-22-42-0013 19 / 6.5% $9,832.00 Morton 30-116-22-42-0014 19 / 6.5% $9,832.00 Brown 30-116-22-42-0016 19 / 6.5% $9,832.00 Atkinson 30-116-22-42-0017 19 / 6.5% $9,832.00 Kenerson . 30-116-22=42-0019, :.. 19'/.6.5%.. .Paid $9,832.00 Viken . 130,116.22-42-0021 •. .. .. 19 / 6.5% Paid. $9,832.00 IC 96-5406 Highview/Lakeland Manning :30-116-22-22-0006.'. :.•... . : .17 / 8.5%: Paid $19,600.00 Eidem 30-116-22-22-0015 17 / 8.5% $9,881.49 IC 52-105 Bennett/Blossom .. . . .25=116-22-324)002 r .:... .:::. : 10 ./:6.5% .,Paid $9,500.96 WEEDS&TALL GRASS Hennepin Co/L3 B1, Promontory Ridge 11-116-22-44-0011 1 / 6.5% $372.75 Post/Tract C,RLS No. 751 23-116-22-33-0008 1 / 6.5% $1278.00 Post/ L4 B 1,Purgatory Creek Estates 23-116-22-34-0043 1 / 6.5% _ $213.00 Post/L5 BI,Purgatory Creek Estates 23-116-22-34-0044 1 / 6.5% $213.00 Ukani L6 B6,Oakparlce Estates 2%d Addition 29-116-22-23-0043 1 / 6.5% $372.75 CONNECTION FEES Westgate Office Park .. 09=11'6.22.33=.0001 &.00.03. .' : : 5./ 6.5% ' Paid $31,971.80 Pidcock Property 16-116-22-31-0004 5 / 6.5% $13,925.00 Dave Patterson 21-116-22-31-0006 5 / 6.5% _ $7,400.00 Trailer Addition 24-116-22-44-0002 5 / 6.5% _ $13,925.00 Kleve Addition 27-116-22-14-0002,0007&0021 5 / 6.5% $48,737.50 SPECIAL ASSESSMENT AGREEMENTS SAA 04-04/Eagle Ridge at Hennepin Village Three 28-116-22-34-0027 5 / 6.5% _ $2,314.20 SAA 04-05/Eagle Ridge at Hennepin Village Four 28-116-22-31-0005,0112; 5 / 6.5% $83,366.30 28-116-22-34-0003 Leonid and Vlada Yanchuk 9861 Crestwood Terrace Eden Prairie MN 55347 October 10, 2004 Dear City Council, We've been given a notice of the proposed special assessment hearing on October 19, 2004. You proposed I..0 98-5474 Crestwood Terrace trunk and lateral exclusions fees to be charged against our parcel.Our objections to the proposed assessment are as follows: We can't meet the costs of the proposed assessment,because we've just been charged a special assessment in 2003 for city water and sewer. We can hardly put up with the payments. Our family of five has only one income since the arrival of the new baby. We can't afford to pay any more additional special assessment fees. The proposal gives"no consideration for the impact of the project on citizens, because we believe our property value will not increase accordingly.. Given the excessive estimated amount for the proposed project(ems., $9,832 plus$520.00 per parcel), combined with the fact that our property market value is les than$220,000 the amount of the proposed assessment is unreasonably disproportionate to the increase in value which our property would acquire if lateral and trunk exclusion would be done. We don't want the project in our area This is a burden we don't wish to take on. Sincerely, Vlada Yanchuk, i Leonid Yanchu October 9,2004 Mayor Tyra-Lukens Eden Prairie City Council 8080 Mitchell Road Eden Prairie,MN 55344 RE—Council Order of special assessment on vacant land owner. Property- PID#23-116-22-34-0043,and PID#23-116-22-34-0044. Wilderness Cove. Reason for assessment—Weed and tall grass.. Mayor and Council, I am in receipt of your special assessment notice for the above two vacant properties.. I am confused as to the nature and reason for imposing this special assessment upon my property listed above. This year we have maintained the above vacant property by cutting and trimming the tall weed and grass.I contracted service on a regular basis with Greenscapes Lawn Care. Enclosed is the invoice billing and dates of service at the above property. I have not received any notification from the City of Eden Prairie regarding complaints.If complaints were made,we were not notified by phone or in writing. If complaints were made they are on record with your city. The property is located at the end of a dead end culdesac, named Wilderness Cove.The rear of that property abuts many acres of wetland and wildlife. The property can only be viewed by the people that live on either side of this property. The neighboring property owners are Barry and Debbie Post,and the other neighbor is Steven and Claudia Wagner. We are asking you Mayor,City Council, and City Manager, to please visit my property prior to this hearing.We ask your reason for this action against my property.As I was not ever notified by the city of Eden Prairie this year of 2004,and provided regular service to this vacant land,surrounded by wetlands,at the end of a culdesac with very low exposure(two neighbors)....I am objecting to this assessment,and am asking you to immediately contact the department and people responsible at the city of Eden Prairie for concluding this a fair solution,to having to answer to frequent specific complainers. Sincerely, & Yohn Brian Post Property owner CC.Legal October 11,2004 Mayor Tyra-Lukens Eden Prairie City Council 8080 Mitchell Road Eden Prairie,MN 55344 RE—Council Order of special assessment on vacant land owner. Property- PID#23-116-22-33-0008. 12420 Sunnybrook Rd. Reason for assessment—Weed and tall grass. Mayor and Council, I am in receipt of your special assessment notice for the above property. I am confused as to the nature and reason for imposing this special assessment upon my property listed above. This year we have maintained the above vacant property by cutting and trimming the tall weed and grass..I contracted service on a regular basis.Enclosed is the invoice billing and dates of service at the above property. I have not received any notification from the City of Eden Prairie regarding complaints. If complaints were made, we were not notified by_phone or in writing. If complaints were made they are on record with your city. The property is located at 12420 Sunny brook Rd. in Eden Prairie..The property has a single family home on this land We are asking you Mayor,City Council, and or City Manager, to please drive by this property,but respect the trespassing privacy request of my tenant.We ask your reason for this action against this property.As I was not ever notified by the city of Eden Prairie this year of 2004,and provided regular service to this land to maintain and cut the tall weed and grass having visual exposure to the surrounding public. I am objecting to this assessment,and am asking you to immediately contact the department and people responsible at the city of Eden Prairie for concluding this a fair solution to the city having to answer to specific frequent complainers. Sincerely, I:914 6f-tor-% Pit John Brian Post Barry E Post Property owners CC.Legal CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 19, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. 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 134681 - 135094 • Wire Transfers 2112 - 2115 Background Information Attachments City of Eden Prairie Council Check Summary 10/19/2004 Division Amount General I0,325 100 City Manager 877 101 Legislative 1,058 110 City Clerk 468 111 Customer Service 11,074 112 Human Resources 3,538 113 Communication Services 3,068 114 Benefits&Training 241 115 Risk Management 1,236 116 Facilities 38,931 117 City Center 166,791 131 Finance 431 132 Social Services 10,301 133 Community Development 81 135 Information Technology 17,464 136 Wireless Communication 11,988 137 Economic Development 562 150 Park Administration 221 151 Park Maintenance 13,808 153 Athletic Programs 3,421 154 Community Center 41,669 156 Youth Programs 5 157 Special Events 620 158 Senior Center 935 159 Recreation Administration 173 160 Therapeutic Recreation 501 162 Arts 290 • 163 Outdoor Center 920 180 Police 18,338 184 Fire 3,231 185 Animal Control 450 186 Inspections 280 200 Engineering 1,160 201 Street Maintenance 20,160 203 Fleet Services 10,771 301 CDBG 12,248 304 Senior Board 125 502 Park Development 27,132 503 Utility Improvement 40,639 506 Improvment Bonds 1996 272,001 509 CIP Fund 82,958 511 Construction Fund 224,707 601 Prairie Village Liquor 94,002 602 Den Road Liquor 160,331 603 Prairie View Liquor 97,480 605 Den Road Building 2,231 701 Water Fund 69,766 702 Sewer Fund 8,259 703 Storm Drainage Fund 15,436 803 Escrow Fund 12,142 806 SAC Agency Fund 70,200 807 Benefits Fund 232,679 1,817,721 City of Eden Prairie Council Check Register 10/19/2004 Check i# Amount Vendor/Explanation Account Description Business Unit 2112 70,661 PUBLIC EMPLOYEES RETIREMENT Employees PERA Health and Benefits 2113 24,112 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2114 123,020 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2115 14,567 DELTA DENTAL PLAN OF MN Dental Health and Benefits 134681 94 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 134682 106 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 134683 668 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 134684 3,719 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 134685 8,117 DAY DISTRIBUTING Beer Prairie Village Liquor Store 134686 2,741 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 134687 23,395 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 134688 373 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 134689 270 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 134690 7,474 GRIGGS COOPER&CO Liquor Den Road Liquor Store 134692 23,937 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 134693 2,978 MARK VII Misc Non-Taxable Prairie Village Liquor Store 134694 530 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 134695 1,970 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 134696 5,407 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 134697 632 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 134698 4,662 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 134699 4,990 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 134700 18,142 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 134701 515 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 134702 3,336 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 134703 1,821 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 134704 85 GE CAPITAL Building Repair&Maint. General 134705 101 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 134706 2,529 METRO SALES INCORPORATED* Office Supplies General 134707 150 MINNESOTA DEPT OF HEALTH Licenses&Taxes Utility Improvement Fund 134708 175 MINNESOTA RECREATION&PARK AS Conference Expense Parks Administration 134709 1,000 MINNESOTA STATE FAIR Deposits Escrow 134710 102 MUNICIPALS Conference Expense City Manager 134711 22 NEWMAN,ARLENE Program Fee Classes/Programs/Events 134712 438 PETTY CASH Mileage&Parking Therapeutic Rec Administration 134713 10 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 134714 35 RUMFORD,JOAN Special Event Fees Classes/Programs/Events 134715 68 XCEL ENERGY Electric Utility Improvement Fund 134716 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 134717 160 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 134718 58 AMERICAN DEMOGRAPHICS Dues&Subscriptions City Council 134719 552 ANCHOR PAPER COMPANY Office Supplies General 134720 160 ANOKA COUNTY SHERIFFS OFFICE Training Supplies Police 134721 100 ATOM Tuition Reimbursement/School Police 134722 154 BOGREN,ANN Canine Supplies Police 134723 40 BOLD,PAULINE Instructor Service Outdoor Center 134724 137 BREUNIG,KRISTI Clothing&Uniforms Police 134725 80 CAMPOS,LORI Instructor Service Outdoor Center 134726 16 CENTERPOINT ENERGY Gas Crestwood Park 134727 248 CROWN MARKING INC Office Supplies Police 134728 223 D'AMICO AND SONS Miscellaneous City Council 134729 76 EASTEURN,EMILY Canine Supplies Police 134730 314 EDEN PRAIRIE,CITY OF Improvements to Land Park Acquisition&Development 134731 268 FEDEX Postage General 134732 9,739 HENNEPIN COUNTY Deposits Escrow 134733 1,861 HENNEPIN COUNTY TREASURER Board of Prisoner Police 134734 99 JUDLIN,JILL Operating Supplies Senior Board 134735 98 KRESS,CARLA Conference Expense Recreation Administration 134736 1,186 LEAGUE MN CITIES INS TRUST Insurance Risk Management 134737 95 LINDQUIST,PAM Lessons&Classes Fitness Classes 134738 25 MEDINA ENTERTAINMENT CENTER Tuition Reimbursement/School Police 134739 237 MOTOROLA Pager&Cell Phone Police 134740 30 MPSA Conference Expense Park Maintenance 134741 138 MULTI LINGUAL TRANSLATION SERV Operating Supplies Police 134742 195 OHIO UNIVERSITY Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit 134743 271 QWEST Telephone Telephone 134744 16 STATE OF MINNESOTA Operating Supplies Fleet Services 134745 280 STATE TREASURER Conference Expense Inspections-Administration 134746 74 WEIGEL,CHRISTY Investigation Travel Police 134747 220 WERTS,SANDY Mileage&Parking Special Events Administration 134748 23 WRUCK,BEV Mileage&Parking Community Center Admin 134749 4,740 AMERICAN TRAINCO Conference Expense Water Treatment Plant 134750 5,342 ANCOM COMMUNICATIONS INC Capital Under$2,000 Wireless Commnunication 134751 395 COLLABORATIVE,THE Conference Expense Economic Development 134752 42 DOYLE,COLLEEN Events/Admission Fee Therapeutic Rec Administration 134753 120 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire 134754 152 HANLON,KIM Operating Supplies Fire 134755 25 KRAEMERS HARDWARE INC Operating Supplies Tree Disease 134756 250 LAI CONFERENCE Conference Expense Human Resources 134757 180 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 134758 394 OLD LOG THEATER Special Event Fees Classes/Programs/Events 134759 39 PETSMART Canine Supplies Police 134760 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 134761 60 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 134762 1,420 PUBLIC EMPLOYEES RETIREMENT Pension Plans Water Treatment Plant 134763 17 QUICKSILVER EXPRESS COURIER Postage Communication Services 134764 400 SHERBURNE COUNTY SHERIFF'S DEP Deposits Escrow 134765 16 SUBURBAN AIR Cash Over/Short General Fund 134766 13 UNLIMITED SUPPLIES INC Small Tools Fleet Services 134767 11 UPS Postage Fire 134768 357 WEST WELD Small Tools Fleet Services 134769 92 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 134770 210 AMERICAN INTERTRADE Beer Prairie Village Liquor Store 134771 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 134772 239 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 134773 5,330 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 134774 102 D'VINE WINE DISTRIBUTORS Wine Imported Den Road Liquor Store 134775 10,624 DAY DISTRIBUTING Beer Prairie View Liquor Store 134776 2,500 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 134777 10,386 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 134778 32 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 134779 97 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 134780 10,667 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 134781 1,495 HOHENSTEINS INC Beer Prairie Village Liquor Store 134783 18,400 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 134784 13,834 MARK VII Beer Prairie View Liquor Store 134785 435 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 134786 518 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 134787 2,552 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 134788 7,464 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 134789 194 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 134790 1,854 PRIOR WINE COMPANY Liquor Den Road Liquor Store 134791 17,211 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 134792 635 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 134793 15,746 THORPE DISTRIBUTING Beer Prairie View Liquor Store 134794 886 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 134795 3,981 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 134796 1,000 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 134797 261 ALEX AUDIO&VIDEO Equipment Repair&Maint Communication Services 134798 415 ANCHOR PAPER COMPANY Office Supplies General 134799 56 ANDERSON,PATTY Mileage&Parking Community Center Admin 134800 916 APACHE GROUP Cleaning Supplies City Ctr-Tenant Direct Costs 134801 310 B&B ASSOOCIATES/CRYSTAL Conference Expense General Facilities 134802 5 BIUNNO,LYNETTE Program Revenue Arts Initiative 134803 8 CENTERPOINT ENEGY Gas Utility Improvement Fund 134804 3,036 CENTERPOINT ENERGY MARKETING I Gas City Hall-CAM 134805 1,365 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Engineering 134806 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 134807 177 DMX/MINNEAPOLIS Other Contracted Services Prairie Village Liquor Store 134808 233 DUALE,KHADRA Mileage&Parking Housing,Trans,&Human Sery 134809 36 ECOLAB INC Building Repair&Maint Fire Station#3 134810 2,245 ELAN FINANCIAL SERVICES Conference Expense City Manager 134811 13 EXPRESS MESSENGER SYSTEMS INC Postage General 134812 42 FLYNN,SHARON Events/Admission Fee Therapeutic Rec Administration Check# Amount Vendor/Explanation Account Description Business Unit 134813 160 GE CAPITAL Other Rentals General 134814 336 GREATAMERICA LEASING CORP. Other Rentals General 134815 5,591 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 134817 1,568 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Maintenance 134818 221 IMATION IMAX THEATRE Operating Supplies Teen Programs 134819 50 LEAGUE MN CITIES INS TRUST Insurance Risk Management 134820 5 LYNCH,KEVIN Program Revenue Arts Initiative 134821 100 MAKI,CART ANNE Abandoned Property General Fund 134822 2,050 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 134823 2,866 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 134824 52 RAY N WELTER HEATING Cash Over/Short General Fund 134825 5 SCANLAN,CRAIG Program Revenue Arts Initiative 134826 5 SMITH,SHELLEY Program Revenue Arts Initiative 134827 4,477 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 134828 80 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 134829 39 WILS Conference Expense Recreation Administration 134830 8 WOHLERS SOUTHSIDE HGT&AC Cash Over/Short General Fund 134831 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 134832 591 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 134833 20 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie Village Liquor Store 134834 160 BOLD,PAULINE Instructor Service Outdoor Center 134835 80 CAMPOS,LORI Instructor Service Outdoor Center 134836 171 DMX/MINNEAPOLIS Other Contracted Services Den Road Liquor Store 134837 975 EMPLOYERS ASSOCIATION INC Other Contracted Services Human Resources 134838 256 GE CAPITAL Other Rentals General 134839 102,723 HENNEPIN COUNTY TREASURER Licenses&Taxes Utility Improvement Fund 134840 54 IMATION IMAX THEATRE Special Event Fees Trips 134841 134 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Hall-CAM 134843 102 MID AMERICA FESTIVALS Deposits Escrow 134844 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 134845 37 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 134846 400 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 134847 2,443 QWEST Telephone Purgatory Creek Rec Area 134848 40 SCHNEIDER,BRENT Wages No Benefits Elections 134849 16 SOTELO,PAULA Outside Water Sales Water Enterprise Fund 134850 14 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 134851 216 STAR TRIBUNE Dues&Subscriptions Communication Services 134852 250 WHITSITT,TANYA Awards City Manager 134853 13,664 XCEL ENERGY Electric City Hall-CAM 134854 89 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 134855 109 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 134856 424 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 134857 4,283 BELLBOY CORPORATION Liquor Prairie View Liquor Store 134858 396 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 134859 7,032 DAY DISTRIBUTING Beer Prairie Village Liquor Store 134860 2,785 EAGLE WINE COMPANY Liquor Prairie View Liquor Store 134861 6,810 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 134862 300 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 134863 562 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 134864 2,643 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 134865 16,081 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 134866 1,113 HOHENSTEINS INC Beer Prairie Village Liquor Store 134868 16,417 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 134869 4,802 MARK VII Beer Prairie Village Liquor Store 134870 59 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 134871 309 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 134872 115 MORAN USA,LLC Misc Taxable Den Road Liquor Store 134873 406 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 134874 2,080 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 134875 10,427 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 134876 400 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 134877 1,376 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 134878 13,242 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 134879 77 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 134880 13,080 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 134881 270 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 134882 255 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 134883 841 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 134884 1,579 CENTERPOINT ENEGY Gas Water Treatment Plant Check 4' Amount Vendor/Explanation Account Description Business Unit 134885 500 CROW WING COUNTY SHERIFFS DEP Deposits Escrow 134886 I78 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 134887 85 EDEN PRAIRIE CHAMBER OF COMMER Conference Expense Economic Development 134889 2,382 GENUINE PARTS COMPANY Equipment Parts Fleet Services 134890 6,171 KMC TELECOM Telephone General 134891 175 MAYNES,SIRENA Parking Permits Parking 134892 91 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 134893 69,498 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 134894 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 134895 5,262 MINNESOTA STATE TREASURER Building Surcharge General Fund 134896 2,843 NILSSEN,BETH Instructor Service Ice Arena 134897 63 PARTY AMERICA Operating Supplies Sunbonnet Days 134898 258 PELTIER,JAMES Operating Supplies Fire 134899 435 PETTY CASH Training Supplies In Service Training 134900 272 QWEST Telephone Sewer Liftstation 134901 61 SBC PAGING Pager&Cell Phone Water System Maintenance 134902 18 SHOLD,DAVID P Wages No Benefits Elections 134903 12 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 134904 135 UNIVERSITY OF MINNESOTA Conference Expense Engineering 134905 1,492 US POSTMASTER-HOPKINS Postage Water Accounting 134906 23 WILDFANG,GENEVIEVE Wages No Benefits Elections 134907 300 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow 134908 159 XCEL ENERGY Electric Den Bldg.-CAM 134909 17 A TO Z RENTAL CENTER Operating Supplies Fire 134910 305 AAA LAMBERTS LANDSCAPE PRODUCT Seal Coating Street Maintenance 134911 70 ABC MINNEAPOLIS LLC Equipment Repair&Maint Police 134912 596 ABSOLUTE RAIN INC. Building Repair&Maint. Den Bldg.-CAM 134913 59 ADAMS PEST CONTROL INC Building Repair&Maint. Den Bldg.-CAM 134914 1,520 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 134915 193 AMERICAN FLAGPOLE AND FLAG CO Building Repair&Maint. Fire Station 111 134916 200 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 134917 420 AQUA LOGIC INC Equipment Repair&Maint Pool Maintenance 134918 9,530 ASPEN EXTERIORS INC Other Contracted Services Rehab 134919 186 ASPEN MILLS Protective Clothing Fire 134920 1,500 ASPEN RESEARCH CORP Other Contracted Services Water Treatment Plant 134921 3,868 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 134922 2,227 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Den Bldg.-CAM 134923 393 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 134925 6,459 BIFFS INC Waste Disposal Park Maintenance 134926 45,401 BITUMINOUS ROADWAYS INC Improvement Contracts Construction Fund 134927 2,259 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. City Center Operations 134928 520 BOBS LAWN&LANDSCAPING,INC Other Contracted Services Improvement Projects 1996 134929 6,616 BONESTROO ROSENE ANDERLIK&AS Other Contracted Services Storm Drainage 134930 636 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 134931 469 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 134932 753 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 134933 4,280 C S MCCROSSAN CONSTRUCTION INC Other Contracted Services Utility Improvement Fund 134934 6,888 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 134935 10,822 CENTERPOINT ENERGY MARKETING I Gas Maintenance 134936 64 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 134937 126 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 134938 33 COPY EQUIPMENT INC Operating Supplies Street Maintenance 134939 1,994 CORPORATE EXPRESS Office Supplies Police 134940 7,095 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 134941 40 CY'S UNIFORMS Clothing&Uniforms Fire 134942 470 DECORATIVE DESIGNS INC Other Contracted Services City Hall-CAM 134943 46,403 DIVERSE BUILDING MAINTENANCE Janitor Service Water Treatment Plant 134944 10,460 DMJ CORPORATION Improvement Contracts Capital Impr./Maint.Fund 134945 18,804 DRT TRANSPORT Other Contracted Services Lime Sludge 134946 189 EARL F ANDERSEN INC Signs Traffic Signs 134947 863 ECOLAB INC Building Repair&Maint. Maintenance 134948 173 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Miller Park 134949 5,677 EF JOHNSON Equipment Parts Wireless Communication 134950 7,569 EGAN-MCKAY ELECTRICAL CONTRACT Improvement Contracts CDBG Fund 134951 65 ELECTION SYSTEMS&SOFTWARE IN Equipment Repair&Maint Elections 134952 1,613 ELECTRIC PUMP Equipment Parts Sewer Liftstation 134953 1,361 ELECTRONIC DESIGN Building Repair&Maint. Water Treatment Plant 134954 179 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Ice Arena 134955 896 ENERGY MANAGEMENT INC Repair&Maint.Supplies Ice Arena Check 4 Amount Vendor/Explanation Account Description Business Unit 134956 300 ENGINEERED ICE SYSTEMS Equipment Repair&Maint Ice Arena 134957 16,745 ESCHELON TELECOM INC Operating Supplies Telephone 134958 380 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 134959 295 FERRELLGAS Motor Fuels Ice Arena 134960 19 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 134961 68 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 134962 242 FISK,APRIL Other Contracted Services Volleyball 134963 22,930 FLAIR FOUNTAINS 02 Improvements to Land Park Acquisition&Development 134964 2,849 FLOORS BY BECKER Capital Under$2,000 City Hall-CAM 134965 5,974 FORE MECHANICAL,INC Building Repair&Maint. Den Bldg.-Direct 134966 1,436 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 134967 721 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 134968 235 GEBO,ROBERT L. Other Contracted Services Softball 134969 993 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 134970 42 GINA MARIAS INC Operating Supplies Reserves 134971 187 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals General 134972 1,467 GRAINGER Operating Supplies Maintenance 134973 4,442 GREENSIDE INC Building Repair&Maint. City Hall-CAM 134974 3,888 GUNNAR ELECTRIC CO INC Improvements to Land Park Acquisition&Development 134975 213 HALL,DERRECK Other Contracted Services Softball 134976 8,989 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Impr./Maint.Fund 134977 2,289 HARMON GLASS Building Repair&Maint. City Hall-CAM 134978 2,292 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 134979 254 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School General Facilities 134980 260 HUEBSCH Other Contracted Services City Ctr-Tenant Direct Costs 134981 549 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 134982 550 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 134983 510 INFRATECH Other Contracted Services Sewer System Maintenance 134984 659 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 134985 997 INTEREUM INC Capital Under$2,000 Furniture 134986 203 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 134987 4,687 JANEX INC Cleaning Supplies City Hall-CAM 134988 66 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 134989 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 134990 105 JW PEPPER&SON INC Operating Supplies Community Band 134991 63 KNUTSON,BRAD Other Contracted Services Softball 134992 71 KRAEMERS HARDWARE INC Building Repair&Maint. Park Maintenance 134993 338 KUSTOM SIGNALS INC Equipment Repair&Maint Police 134994 2,692 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 134995 476 LANO EQUIPMENT INC Capital Under$2,000 Street Maintenance 134996 2,433 LAVAN FLOOR COVERING Building Capital Outlay 134997 238 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 134998 2,503 LIFE SAFETY SYSTEMS Building Repair&Maint. Den Bldg.-CAM 134999 298 LORENSON,JEFFREY Other Contracted Services Softball 135000 17 LYNDALE GARDEN&HARDWARE' Repair&Maint.Supplies City Hall-CAM 135001 526 LYNN'S FLOWER DESIGN Building Repair&Maint. Den Bldg.-CAM 135002 147 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 135003 10,564 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 135004 397 MAGNUSON SOD Landscape Materials/Supp Park Maintenance 135005 7,178 MARSDEN BLDG MAINTENANCE Janitor Service City Ctr-Tenant Direct Costs 135006 600 MARTIN-MCALLISTER Employment Support Test Human Resources 135007 650 MAXI-PRINT INC Printing Police 135008 239 MCGREGOR,RANDY Other Contracted Services Softball 135009 545 MENARDS Operating Supplies Police 135010 1,856 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 135011 338 METROPOLITAN FORD Equipment Parts Fleet Services 135012 703 MG INDUSTRIES Chemicals Water Treatment Plant 135013 567 MICHELAU,JOHN Other Contracted Services Softball 135014 1,089 MID-CO A/V INC Equipment Parts Water Treatment Plant 135015 17,269 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 135016 1,807 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant 135017 42 MIICE'S SHOE REPAIR INC Protective Clothing Fire 135018 30 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes City Hall-CAM 135019 359 MINNESOTA GLOVE INC Safety Supplies Fleet Services 135020 697 MINNETONKA GLASS&MIRROR Equipment Repair&Maint Fitness Center 135021 281 MTI DISTRIBUTING INC Equipment Parts Fleet Services 135022 465 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 135023 499 NEUMANN,NEAL Other Contracted Services Softball 135024 58 NFPA Fire Prevention Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit 135025 88 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 135026 IO2 NORTHLAND CHEMICAL CORP Cleaning Supplies Maintenance 135027 89 NORTHWEST BUSINESS SYSTEMS Building Repair&Maint. Public Works/Parks 135028 404 OSI BATTERIES INC Operating Supplies Police 135029 210 PAIN ENTERPRISES INC. Chemicals Pool Maintenance t 135030 41,032 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 135031 200 PAUL BUNYAN TREE SERVICE INC Other Contracted Services Improvement Projects 1996 135032 2,050 PBBS EQUIPMENT CORP Building Repair&Maint. City Hall-CAM 135033 619 PEPSI COLA COMPANY Merchandise for Resale Concessions 135034 45 PETSMART Canine Supplies Police 135035 1,995 PLEHAL BLACKTOPPING INC Other Rentals Street Maintenance 135036 26 POKORNY COMPANY Equipment Parts City Hall-CAM 135037 4,543 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Senior Center 135038 26 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 135039 75 PREMIER SERVICES Other Contracted Services Storm Drainage 135040 4,556 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 135041 3,867 RAY O'HERRON CO INC Capital Under$2,000 Police 135042 84 RECREONICS Repair&Maint.Supplies Pool Maintenance 135043 13 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 135044 27,951 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 135045 319 SCHELDE NORTH AMERICA Recreation Supplies Volleyball 135046 399 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 135047 60 SHRED-IT Waste Disposal City Center Operations 135048 625 SIGNATION SIGN GROUP INC Improvement Contracts CDBG Fund 135049 175,957 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 135050 403 SNAP-ON TOOLS Small Tools Fleet Services 135051 419 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 135052 2,996 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 135053 317 ST JOSEPH EQUIPMENT INC Other Rentals Street Maintenance 135054 1,294 STAR TRIBUNE Employment Advertising Human Resources 135055 39 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 135056 346 STOFFEL SEALS CORP Fire Prevention Supplies Fire 135057 153 STOP STICK LTD. Equipment Repair&Maint Police 135058 1,293 STRAND MANUFACTURING CO INC Equipment Parts Sewer Liftstation 135060 22,373 STREICHERS Capital Under$2,000 Capital Iinpr./Maint.Fund 135061 139 SUBURBAN CHEVROLET Equipment Parts Fleet Services 135062 200 SUN NEWSPAPERS Legal Notices Publishing City Clerk 135063 595 SUPERIOR STRIPING INC Building Repair&Maint. Fire Station#2 135064 145 SWEDLUNDS Waste Disposal Outdoor Center 135065 196 TESSCO Operating Supplies Wireless Communication 135066 580 TKDA Other Contracted Services Utility Improvement Fund 135067 38 TOM'S WINDOW CLEANING Building Repair&Maint. Den Bldg.-Direct 135068 74 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 135069 135 TRANS ALARM INC Building Repair&Maint. Public Works/Parks 135070 43 TRIARCO Operating Supplies Special Initiatives 135071 294 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Utility-General 135072 626 TWIN CITY SEED CO Landscape Materials/Supp Richard T.Anderson Cons.Area 135073 1,252 U S LAWNS OF TWIN CITIES Other Contracted Services Park Maintenance 135074 1,735 UNIFORMS UNLIMITED Clothing&Uniforms Police 135075 5,554 UNITED RENTALS HIGHWAY TECHNOL Other Rentals Water System Maintenance 135076 924 US CAVALRY Clothing&Uniforms Police 135077 271,281 VALLEY PAVING INC Improvement Contracts Improvement Projects 1996 135078 500 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 135079 4,179 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 135080 13 VICTORY CORPS Operating Supplies Elections 135081 558 VOIGHT,JEFF Other Contracted Services Softball 135082 856 VOSS LIGHTING Repair&Maint.Supplies Maintenance 135083 58 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 135084 136 W GORDON SMITH COMPANY,THE Equipment Repair&Maint Fleet Services 135085 8,308 WALL TRENDS INC Building Repair&Maint. City Center Operations 135086 1,445 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 135087 2,456 WATSON CO INC,THE Merchandise for Resale Concessions 135088 1,205 WHEELER HARDWARE COMPANY Building Capital Outlay 135089 168 WILSON,JACKY Other Contracted Services Volleyball 135090 572 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 135091 1,944 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 135092 183 WORM,SANDY Operating Supplies Street Maintenance 135093 1,171 YALE MECHANICAL INC Equipment Repair&Maint Ice Arena 135094 698 ZIEGLER INC Equipment Repair&Maint Wireless Communication Check Amount Vendor/Explanation Account Description Business Unit 1,817,721 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Officers October 19, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. A. Janet Jeremiah, Community Major Center Area(MCA) Study Development Director Requested Action Move to: Appoint to the Major Center Area(MCA)Task Force the following members: - Alan Young,General Manager of General Growth - Bill Burgess,Store Manager of Walmart - Ed Flaherty,President of Lariat Companies - Greg Olsen,Vice President of Anchor Bank - Kathy Nelson, Community Planning Board Member - Louise Pelcher,Resident of The Colony - Mark Namtvedt,Owner of Noresman Oil - Melody Denyer,Property Manager of Lincoln Parc Apartments - Pat Mulqueeny,President of the Eden Prairie Chamber of Commerce - Patrick Sarver,Director of Land Planning for Hartford Group - Ray Stoelting, Chair of the Community Planning Board - Teny Pearson,Resident of Weston Woods - Representative of Sears (To be Determined) Move to: Direct staff to prepare a scope/contract with SRF Consulting,Inc. for a land use, transportation and wayfinding study of the Major Center Area. Synopsis Staff is recommending appointment of a 13-member Task Force representing business and property owners/managers, residents of the Major Center Area(MCA), and at-large representatives from the Community Planning Board to provide feedback on the MCA Study. SRF Consulting, Inc. in partnership with Ingraham&Associates is recommended to work with the MCA Task Force and a Technical Advisory Committee of City and agency staff on a Land Use, Transportation and Wayfinding Study of the Major Center Area. Background Information The Major Center Area is about a 1200 acre area within and surrounding the Prairie Center Drive and Valley View ring road system. The area is expected to continue to attract new development opportunities. Challenges include providing an efficient transportation system and ensuring people can readily find their way to and around the area. Opportunities include providing additional desired services, improved pedestrian/bicycle linkages, and additional aesthetic improvements to the area. Task Force: Stakeholder participation in the Major Center Area(MCA) Study process is essential to its success.The primary role of the task force will be to: • Review and endorse the scope of the study • Provide ongoing feedback to staff and the consultant as the study progresses All of the proposed representatives(see attached list)have agreed to serve on the task force, with the exception of a representative from Sears, as of the time this report was prepared. A Meet&Greet with Sears is taking place prior to the Council meeting. Staff will encourage Sears' participation, since they own a substantial parcel attached to EP Center. Staff will provide an update during the October 19th Council meeting. The key consideration in forming the task force was to have broad representation from throughout the study area, including property owners,business owners,retailers,and residents from within the study area as well as from the community at-large.Many of the participants were informed of the study over the last year through the City's"Meet&Greet"program and expressed a desire to participate at that time. Others were identified through property managers, or had participated in past public hearings on development projects within the MCA. Several of the proposed task force members own a businesses or property in the area and also are residents of Eden Prairie. Staff suggested a Community Planning Board liaison to act as an additional at- large resident representative. Both the Chair and another Planning Board member are very interested,and both have been included. Consultant Team: A Request for Qualifications(RFQ)to aid with the study was sent to approximately 40 consultant firms. 20 of those firms expressed interest by attending an informational meeting. Many of those firms were involved with forming teams to provide expert assistance with various aspects of the study. Six submittals were received in response to the RFQ, including four consultant teams, an individual consultant,and a separate wayfinding/signage firm. Staff from the Community Development and Public Works Departments interviewed all four of the consultant teams(see attached comparison). Staff is recommending SRF in conjunction with Ingraham&Associates and a separate wayfinding system design specialist.The team already has some experience with transportation issues in the area and provides strong project management, facilitation, land use and wayfinding skills. Their anticipated costs are within the average range of the submittals received. If the Council concurs,staff will work with SRF and the Task Force to finalize a scope for the study,which will be used as the basis for the contract. The contract will be brought back to the Council at a later date for formal approval. Attachments ➢ Proposed Major Center Area Task Force List ➢ Comparison of MCA Study Consultant Proposals ➢ Request for Qualifications for the MCA Study ➢ Map of Major Center Area Proposed Major Center Area Task Force Name Company Representing 1 Alan Young General Growth Eden Prairie Center General Manager 100+Retail Stores 2 Bill Burgess Walmart Retailer Store Manager 270 Employees 3 Ed Flaherty Lariat Companies Developer/Property Owner President Eden Prairie Resident(at large) 4 Greg Olsen Anchor Bank Banker Vice President Eden Prairie Resident(at large) 5 Kathy Nelson Community Planning Board Community Planning Board Member Eden Prairie Resident(at large) 6 Louise Pelcher The Colony Resident of MCA Resident—Retired Nurse Senior Rental Housing 7 Mark Namtvedt Noresman Oil Business Owner Owner Eden Prairie Resident(at large) 8 Melody Denyer Lincoln Parc Apartments Apartment Project Property Manager Resident of MCA 9 Pat Mulqueeny Eden Prairie Chamber of Commerce Business Association President 400 Members 10 Patrick Sarver Hartford Group Real Estate Development Director of Land Planning Headquartered in MCA 11 Ray Stoelting Community Planning Board Community Planning Board Chair Person Eden Prairie Resident(at large) 12 Terry Pearson Resident Resident of MCA Weston Woods Twin Home 13 TBD Sears Sears at EP Center owns their 18-acre parcel Comparison of MCA Consultant Team Responses to the RFQ: Consultant URS SEH SRF HKGI Project Manager Jack Forslund Scott McBride Barry Warner Mark Koegler Facilitator Jeanne Witzig Bob Kost Barry Warner/Greg Ingraham Rusty Fifield Traffic Tony Winiecki Mike Kotila Marie Cote Jeff McMenimen Land Use Dave Showalter Bob Kost Barry Warner/Greg Ingraham Fred Dock Wayfinding Charleen Catt Lyon Melanie Kranz SRF&George Scheuring* Frank Hickey Cost Range $150-175,000 $160-205,000 $108-173,500 $125-150,000 Time Range 9-12 Months 6-9 Months 9 Months 9 Months *will consider local wayfinding alternative REQUEST FOR QUALIFICATIONS Major Center Area Land Use, Transportation & Wayfinding Study CITY OF EDEN PRAIRIE, MN September, 2004 PURPOSE/OBJECTIVES This Request for Qualifications (RFQ) is issued by the City of Eden Prairie to solicit consultant teams to work with the City to develop a comprehensive land use and transportation plan for the Major Center Area focused on: Citizen & Professional Participation: • Work with City staff and a task force of stakeholders appointed by the City to finalize the project scope and process. • Involve the task force and technical experts throughout the study process. • Update the Community Planning Board and City Council and obtain policy feedback at critical points in the study. • Keep the general public informed throughout the study via Website updates, newspaper articles, and other opportunities. Transportation &Wayfinding: • Update the Citywide Transportation Forecasts (updated TAZ data will be provided by the City). The updated model can be used to evaluate transportation and land use alternatives for the Major Center Area. • Improve operation of the transportation system by managing access, reducing congestion and improving travel times to, from and through the Major Center Area. (current traffic counts at intersections within the Major Center Area will be supplied by the City). • Improve operation of Eden Prairie Center's internal ring road and it's interaction with the public roadway system. • Improve driver comprehension and access to and from the Eden Prairie Center via a wayfinding system and potential additional street connections. • Improve and expand pedestrian/trail links between existing and planned development throughout the Major Center Area including the Marketcenter Area, Eden Prairie Center area, Purgatory Creek Recreation Area, and SW Metro Transit Station. • Increase transit use and alternative modes of transportation. • Review current alternatives for LRT and keep abreast of Hennepin County's Southwest LRT Alternative Analysis study to determine feasibility and effects of potential future LRT service to this area. • Develop a long range transportation Capital Improvements list for the area. Land Use & Redevelopment: • Identify potential redevelopment areas that will help maintain and improve the economic vitality of the Major Center Area. • Identify land uses and commercial/retail stores for future redevelopment that are economically feasible and desired by the community. • Review and update Eden Prairie Marketcenter Design Framework and identify potential streetscape or other enhancements that would help to unify and further develop the "character" of the Major Center Area. • Develop an implementation plan for phasing redevelopment and other improvements to the area. The study should result in a plan for the Major Center Area that the City can use in the planning of infrastructure improvements and as a guide for the continued development and redevelopment of the area from the present through a 2030 planning horizon. STUDY AREA LOCATION & DESCRIPTION The study area is located in Eden Prairie, Minnesota near the junction of Interstate 494 and Highway 212. It includes the area adjacent to and within the ring road system of Valley View Road and Prairie Center Drive as well as the transportation corridors providing access to the area (See attached map). The area is the commercial hub of Eden Prairie interspersed with various levels of office and residential development. The predominant feature in the area is the 1,000,000+ square foot Eden Prairie Center. BACKGROUND Eden Prairie is a rapidly growing suburban community located 15 miles southwest of Minneapolis in the County of Hennepin, Minnesota's largest county. With a current population of approximately 62,000, it had the largest population growth in Hennepin County between 1990 and 2000. It is also home to about 50,000 jobs. This growth has led to a rise in traffic congestion throughout the City, especially in the study area. A primary purpose of the study is to develop a transportation plan for the area to help the City identify and plan improvements. Land use will play an important role in the improvement of the transportation system, since future redevelopment could increase both the need and opportunities for changes to the transportation system. Transportation improvements could also provide the catalyst for some redevelopment. As the commercial center of Eden Prairie, developing a viable, sustainable and long-term plan for the area is vital to the success of the community. The aesthetics of the area are also an important factor in the overall image of Eden Prairie. Involving the residential and business community throughout the process will ensure that all issues are addressed and implementation is feasible. RFQ INFORMATIONAL MEETING An informational meeting to further explain the Request for Qualifications and answer questions will be held: 2:30 pm,Monday,September 20,2004 City of Eden Prairie Council Chambers 8080 Mitchell Road,Eden Prairie,MN 55344 If possible, please refrain from calling staff with questions until after the informational meeting. COORDINATION The consultants will be responsible for creating their own project teams so that all objectives of the study are addressed in their response to the RFQ. The City of Eden Prairie will establish the task force, make key staff available for the technical advisory committee, and manage the consultant contract. The Director of Community Development or her appointee will act as Project Manager for the City. The consultant will be expected to work in coordination with City of Eden Prairie staff, the task force and advisory committee. The consultant will be expected to identify a Project Manager who will act as the principal liaison between the consultant team and the City. RFQ REPSONSE: Deadline: Responses to the RFQ must be received at City Hall by: 9:00 am, Tuesday, September 28, 2004. Submission: Responses must include the following information: • Names and addresses of all consultant firms proposed to be involved with the study. • Name of the Project Manager for the consultant team. • Names and proposed roles of other individual consultant team members. • Education and experience biographies of the team members. • Similar projects with which team members have been involved and a description of their role in the project and experience meeting the objectives of the proposed study. • Hourly fees of the team members and support staff and description of reimbursable expenses. • Approximate number of anticipated meetings of the task force and technical advisory committee and updates to the Community Planning Board and City Council. • Approximate length and general timeline of the study. • Range of anticipated overall consultant cost for the study. • References including at least one municipal contact. 3 Copies of Responses should be mailed or delivered to: Janet Jeremiah, AICP Director of Community Development City of Eden Prairie 8080 Mitchell Rd., Eden Prairie, MN 55344 Interviews: Selected firms may be requested to interview with City staff the morning of Thursday, September 30, 2004. 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" 1.. �t,V : r: q' tP' :( -�1' i . .�', �S'q •. f Vim • It,: :7r.:7 1 -.�"•; . • t'1 71 A w. c'r i ) JYY i +N ' ._ x S .' yati J y1.Y i 'Y z . wFi 4 a.i n,:. M ! O Ict L, .., ° ,�. F 7 •v,\ .j �.• 7766.. _ i Y a , k A.:i h iF Q •. . r 4 ' S r I :,''.' - ‘ \ .: :7 .:: .• 0), NS', ; ••'..') 4...-4,11:. •••••,:.,','..'..•;1; l't •.'• ''',7•C-..i•••' •••• •.:.'1. '.. .- '[. o /) .r ■ , .ry ,p r•li 4 y '/ ) .1 ti, ' t, yl1i` / S. j7 • i Y CITY COUNCIL AGENDA DATE: SECTION: Reports of Officers October 19,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Picha Property Option Agreement } . Parks and Recreation Recommendation City staff does not recommend extending the option on the Picha property or entering into a purchase agreement for the property. If Council agrees with these recommendations,no action is required at this time. Synopsis One year ago the City entered into an option agreement on the Picha property, a 4.04 acre parcel jointly owned by two Picha families. The option on the property was for $800,000 for one year. The option expires on October 19, 2004. The Picha families are willing to extend the option for one year at a cost of$10,000 for the option and an increase in price to $850,000. That option would expire on October 19, 2005. The Picha families are also willing to sell the property for $800,000 if the City is willing to enter into a Contract for Deed before the end of the year. This Contract for Deed would require payment of 6% on the balance during the term of the contract, and the length of the contract cannot exceed five years. Background The City was willing to enter into an option agreement to hold this property with the goal of funding half of the property with a LAWCON Grant, one-fourth of the cost from a successful park referendum, and one-fourth of the cost from funds raised by interested citizens. The LAWCON Grant was unsuccessful. The referendum was unsuccessful and citizens have not raised any money to date. Although the acquisition of that parcel of property would have been a nice addition to the Park and Open Space System and especially important to the integrity of the Birch Island Woods Conservation Area, it is not the highest priority parcel for acquisition, and those funds are not included in the capital improvement plan.