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HomeMy WebLinkAboutCity Council - 06/21/2005 AGENDA EDEN PRAIRIE CITY COUNCIL/PLANNING COMMISSION WORKSHOP OPEN FORUMIOPEN PODIUM TUESDAY,JUNE 21,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young PLANNING COMMISSION: Ray Solting, Chair; Kathy Nelson, Vice Chair; Larry Kacher; John Kirk; Vicki Koenig; Peter Rocheford;Fred Seymour; Jon Stoltz; Bill Sutherland 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 H I. CEMETERY MANAGEMENT AND OPERATIONAL ISSUES Council Chamber II. OPEN FORUM A. Kathy Tyler—Cougars in Eden Prairie III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 21,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF UPCOMING REUNION OF THE BLACK SHEEP SQUADRON AT THE 2005 AIR EXPO V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 7,2005 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 7,2005 VII. CONSENT CALENDAR A. THE POINTE ON LAKE RILEY by G&L Land Investments, LLC. Second reading for Planned Unit Development Concept Review on 4.5 acres;Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Lake Riley Road(Ordinance for PUD District Review and Zoning District Change) B. APPROVE SALE OF SURPLUS VEHICLES AND EQUIPMENT AT PUBLIC AUCTION BY HENNEPIN COUNTY COOPERATIVE PURCHASING C. AUTHORIZE ISSUANCE OF GRADING PERMIT TO WESTBRAND, INC. D. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT,I.C. 05-5638 CITY COUNCIL AGENDA June 21,2005 Page 2 E. APPROVE CHANGE ORDER NO. 1 FOR TH 212 AT PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT,I.C. 01-5527 F. APPROVE CHANGE ORDER A-1 FOR REPLACEMENT OF CEDAR SHINGLE ROOF AT THE CUMMINS GRILL BUILDING G. APPROVE FIRST AMENDMENT TO THE JOINT POWERS SCHOOL DISTRICT FOR USE AND OPERATION OF OAK POINT POOL H. AUTHORIZE STAFF TO RENEW LEASE FOR PRAIRIE VILLAGE LIQUOR STORE I. ADOPT RESOLUTION RELATING TO$2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005 A,FOR MITCHELL ROAD/TECHNOLOGY DRIVE IMPROVEMENTS J. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 VIII. PUBLIC HEARINGS/MEETINGS A. L.G.EVEREST TRANSFER FACILITY by L.G.Everest. Request for Planned Unit Development Concept Review on 2.74 acres; Planned Unit Development District Review with waivers on 2.74 acres; Zoning District Amendment in the I- General district on 2.74 acres; Preliminary Plat of 2.74 acres into 1 lot.Location: Industrial Drive. (Resolution for PUD Concept Review,Ordinance for PUD District Review with waivers and Zoning District Amendment,Resolution for Preliminary Plat) B. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment,Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. PETITION FOR HORSESHOE PIT AND SAND VOLLEY BALL COURT AT EDEN VALLEY PARK XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA June 21,2005 Page 3 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Flying Cloud Airport—Councilmember Case 2. City Manager Performance Pay B. REPORT OF CITY MANAGER 1. 2004 Comprehensive Annual Financial Report(CAFR) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Sports Facilities Committee Proposed Revisions to the Priority Use Policy 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 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/PLANNING COMMISSION WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,JUNE 7,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young PLANNING COMMISSION: Ray Stoelting, Chair;Kathy Nelson, Vice Chair; Larry Kacher; John Kirk; Vicki Koenig;Peter Rocheford;Fred Seymour;Jon Stoltz;Bill Sutherland Ray Stoelting, Jon Stoltz,Fred Seymour, Larry Kacher, and Bill Sutherland were absent 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 Fire Chief Esbensen and Police Chief Carlson were absent. CONSULTANTS: Greg Ingraham, Joni Giese, Marie Cotes, Barry Warner Heritage Room H I. MCA STUDY Scott Neal and Janet Jeremiah provided a brief introduction. Barry Warner and Greg Ingraham presented a Powerpoint on the MCA study. The study looked at existing conditions, and trends within the Major Center Area. Survey results from the task force and open house were reviewed. Warner and Ingraham then provided a brief overview of each the three Vision 2030 Concepts developed for the area. Concept A Highlights Includes a new spine road from 494, improved 212 access, and east-west connections Portions of 212 would be depressed Includes two LRT stations -A walk-to transition station and drive-to station (Southwest Station) The City Center would be the area surrounding the"walk-to"transit station Council Workshop Minutes June 7, 2005—page 2 Concept B Highlights Includes one LRT station(Southwest Station) 494 access not improved, but 212 would be Stronger reliance on the outer ring road with minor realignment to remove hard turn Technology Dr. would be extended and Singletree Lane would connect with West 78th The Town Center would be south of Singletree Lane Concept C Highlights 494 access improved by series of one-way tiers Outer ring road is envisioned as a boulevard with a strong identification component but no realignment Includes more multi-family residential and a strong medical campus component, as well as a strong mixed-use core north and south of Singletree and mall property Does not include LRT Marie Cote reviewed long term visions and alternatives for transportation. Open House Results Warner said about 65 people attended the public open house in April. A survey instrument was used to determine how people feel about the concepts. The results show good support for ring road development and walkable greenways. There was also support for improved regional access from 21.2 and 494. Some support exists for roadway changes to strengthen east-west and north-south travel and people generally supported mixed uses. Density was an issue for which the consultants did not see a strong direction. They noted that many people are wary of high-rise buildings. Wayfinding Richard Lang from Visual Communications described a hierarchical, sign-based wayfinding system that would help drivers, bikers and pedestrians navigate through the area. Feedback on Major Elements Warner asked for input from Councilmembers and Planning Commission members on the basic building blocks of the alternatives, including LRT; regional access;ring road and wayfinding improvements; local roadway connections; open space,trails and greenways; and a compact,walkable central district. LRT Mayor Tyra-Lukens asked why there is not a second station in Alternative B. Warner said this decision was based on showing alternatives for the area. A central station location would encourage Center Area development. The Mayor asked if we would need another transit station if the demand for LRT grows as much as expected. Warner said he does not believe capacity should be an issue. He said LRT can be used as a way to ignite other types of uses if the City wishes. However, Warner noted, bringing LRT into the central area could result in some transportation issues. A transit circulator could also be Council Workshop Minutes June 7, 2005—page 3 used. Jeremiah said high density would be needed to develop a workable circulator system. Most people do not want to make a transfer, and there is the question of who we are aiming to serve. A walkable station would serve the immediate area and could bring employees from the Golden Triangle Area to use the restaurants at noon. Councilmember Aho asked which of these plans most closely mirrors current land uses. Ingraham said Concept B matches more closely than the others. Warner believes more mixed uses will enter the picture than the single uses currently reflected in the Major Center Area. Case said he would like Council to consider going on record as supporting LRT into the area. Tyra-Lukens said she feels Council needs to acknowledge that LRT may come out to Eden Prairie, but a larger issue is whether or not the City should focus on it or treat it as a peripheral issue. If we believe it is coming,we need to figure out how to have it come right through the Market Center Area and coordinate development with that in mind. Regional Highway Access Warner asked for feedback on the recommendations for addressing the difficulty in finding the Major Center Area from 212 and 494. He posed the question of whether or not these problems are meaningful enough to undertake major changes, acknowledging the County and MnDOT would be involved in any decisions and changes. Aho thinks a wayfinding system will go a long way toward improving the situation. He doesn't think it will be possible to completely eliminate confusing transitions, although creating an exit from 494 might be helpful. Warner agreed that ring road wayfinding may go a long way in helping resolve some of the navigation issues. Case said he feels getting an exit from 494 into the mall is fairly important. He said we have always known we need regional access off 494. Koenig asked how LRT would affect through traffic. Cote said there would have to have some grade separated intersections. Jeremiah said the proposed planning principles indicate that any LRT through this area would have to be designed to minimize impacts to pedestrians, road traffic, etc. Case suggested developing two priority lists, one for what we would like and one for what can actually be done. Councilmember Butcher agreed. Butcher noted that Alternative A is the only scenario with grade-separated 212. She asked how that would work. Warner said it could involve a partial depression with other roadways going up slightly. He said it would be necessary to balance the cost vs. benefit, and impact to properties vs. changes in access. Jeremiah said there are intermediary solutions available, such as bridging in some areas. Councilmember Young asked if Council will be getting cost projections for these options. Jeremiah said LRT cost projections will be included in the Southwest Corridor Analysis Study. At the end of the MCA study, staff will be identifying costs and gaps,possible funding sources, etc. There Council Workshop Minutes June 7, 2005—page 4 will have to be discussion of which tools the City is comfortable using, such as TIF and tax abatement. Koenig said in 25 years it is possible people will be more accepting of mass transit, and show increased interest in biking and walking. She suggested looking at LRT as a main transportation device,which would mean that, theoretically,we would not have to do as much with the regional access issues, etc. Warner said that is a good point, and the LRT regional study will be looking at this issue. Nelson said she prefers Concept A, but would like to see Technology Road and Singletree Lane go all the way across the area, as in Concept B. Case agreed. He said it seems the ring road improvements could and should be accomplished soon. Cote also noted that signal timing improvements are very "doable"and will help make the area more navigable. Parks, Open Space and Greenways Case said green space along the roads is desirable; however, he is hesitant to recommend setting aside more land if it detracts from the taxable base. Jeremiah said some open space could be privately owned but accessible to the public. Staff will be bringing recommendations from the MCA Study to the Parks and Recreation Commission again for additional feedback. She said it will be important to provide amenities if residential is included in this area. Lambert said one should not assume that the City cannot afford parks in this area. There is land on Lake Idlewild that could serve as high-density residential and provide open space, resulting in ample return on the investment. Compact,Walkable Town Center Warner said this area would include a strong combination of streets and pedestrian access. It would be of moderate to high density,with mixed uses and a possible housing element. Butcher noted there are already a lot of dwellings within that area. Warner said the future trend will be toward senior housing, but not necessarily assisted living, as well as housing for young professionals and empty nesters. Density Warner said Council will need to decide whether or not it would consider a 10-story building in the Major Center Area. Tyra-Lukens said any high-rise should probably be on the outskirts of the area, because of traffic concerns and to providing ample parking. Jeremiah noted that some outer areas may have sensitive adjacent uses, so we will look closely at where height may be appropriate. The consultants recommended the following near term initiatives: Changes to official controls and development incentive policies Implementation signal control changes Institution of a hierarchical wayfinding system Development of critical pedestrian and bicycle links Implementation of certain TH 212 improvements, such as lighting, landscaping and pedestrian/bicycle improvements Council Workshop Minutes June 7, 2005—page 5 Next Steps The consultants presented the following as next steps in the process: v Develop a preferred alternative Hold a"Developers' Roundtable" Meet with the business community, including the Chamber of Commerce and Rotary Club Receive task force feedback Hold a second open house Tyra-Lukens asked if staff and the consultants had received enough input from Council to proceed with the work. Warner said the input has been very helpful. He encouraged Council to continue to provide any input they might have as the project proceeds. Jeremiah recapped the highlights of the input as follows: Keep LRT in the mix, and continue to consider including a second MCA station Wayfinding is a high priority Consider improvements to regional access,with the knowledge that it is a high cost item and may not prove feasible Improvements to local roadway connections make a lot of sense Additional open space and/or plazas should be looked at. Incent private sector as much as possible. Costs are a consideration Consider where it is appropriate to have height, possibly on the area perimeter, and possibly in the central district. Tyra-Lukens said she feels 3-6 story buildings are okay in the central area, and the other Councilmembers agreed in principle Council Chamber II. OPEN FORUM A. John Mallo—Veterans Park Mr. Mallo addressed two issues. The first was in relation to the proper flying of the flag. Mallo believes the City did not follow proper procedure on Memorial Day. City Manager Scott Neal said staff continues to evaluate flag protocol and procedures and is considering developing a more formal policy. Mr. Mallo said his second issue is his desire to see a veterans' memorial in Eden Prairie. Mayor Tyra-Lukens thanked Mallo for his suggestion and referred the matter to Parks and Recreation Director Bob Lambert III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VLB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 7,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney. Parks &Recreation Director Bob Lambert was absent. I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Councilmember Case added three items under Reports of Councilmembers. Neal added five items under Report of City Manager. Rosow noted two changes to the Consent Calendar. Item I, Friendship Village, will have a change in the language to make the agreement binding. For Item Q, Performance Payment to the City Manager, Rosow recommended a future closed session to discuss recent changes in the statute that could affect this payment. MOTION: Young moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17,2005 MOTION: Case moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MAY 17,2005 MOTION: Aho moved, seconded by Case, to approve the City Council minutes as published. Councilmember Young abstained. Motion carried 4-0. CITY COUNCIL MINUTES June 7,2005 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-74 APPROVING FINAL PLAT OF COLUMBINE ROAD ADDITION C. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP(MULTI)LLC,I.C.52-130 D. ADOPT RESOLUTION NO. 2005-75 AWARDING CONSTRUCTION CONTRACT FOR TH 212/CHARLSON ROAD INTERSECTION IMPROVEMENT PROJECT,I.C. 05-5638 E. ADOPT RESOLUTION NO. 2005-76 APPROVING PLANS AND SPECIFICATIONS FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY,I.C. 01-5525 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC.,FOR TRAIL CONSTRUCTION ON ANDERSON LAKES PARKWAY,I.C. 01-5525 G. AWARD CONTRACT FOR 2005 STREET STRIPING TO.CENTURY FENCE COMPANY,I.C. 05-5651 H. APPROVE LICENSE AGREEMENT WITH MNDNR FOR SANITARY SEWER AND WATERMAIN CROSSING OF RILEY CREEK AT EDEN PRAIRIE ROAD I. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND FRIENDSHIP VENTURES J. APPROVE REALLOCATION OF 2005 CIP FACILITIES BUDGET PER ATTACHED WORKSHEET K. AWARD CONTRACT FOR CITY CENTER CARPET REPLACEMENT TO LAVAN FLOORING COVERING L. AWARD CONTRACT FOR STRUCTURAL REMODELING OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO STAHL CONSTRUCTION COMPANY M. AWARD CONTRACT FOR FURNITURE RECONFIGURATION OF COMMUNITY DEVELOPMENT,ASSESSING AND FINANCE OFFICE SPACE TO ALTERNATIVE BUSINESS FURNITURE CITY COUNCIL MINUTES June 7,2005 Page 3 N. ADOPT RESOLUTION NO.2005-77 APPROVING SALE OF 56,259 SF OF CITY-OWNED PROPERTY TO MNDOT FOR TH 312 HIGHWAY PROJECT O. APPROVE DELAY OF PLANS TO LEASE THE CUMMINS GRILL PROPERTY FOR PRIVATE COMMERCIAL USE UNTIL UTILITIES ARE AVAILABLE AND PIONEER TRAIL IMPROVEMENTS AND NEW ACCESS ARE COMPLETE P. APPROVE PROPOSAL FOR TESTING SERVICES FROM BRAUN INTERTEC FOR TECHNOLOGY DRIVE AND MITCHELL ROAD IMPROVEMENTS,I.C. 00-5508 Q. AUTHORIZE RELEASE OF PERFORMANCE PAYMENT TO THE CITY MANAGER R. ADOPT RESOLUTION NO.2005-78 CALLING FOR A PUBLIC HEARING ON AN AMENDMENT TO THE 2004 TO 2008 CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF CAPITAL IMPROVEMENT BONDS S. CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND SPRINT TO AN AFFILIATE OF SPRINT T. APPROVE AMENDMENT TO 2005 AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY AND MATT'S AUTO SERVICE MOTION: Butcher moved, seconded by Case, to approve Items A-T on the Consent Calendar, including amendments to Items I and Q. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review,Ordinance for PUD District Review and Zoning District Amendment,Resolution for Preliminary Plat) Neal explained this item was continued at the May 17, 2005 meeting to resolve access rights for the two-lot subdivision. Title work is underway by the proponent to address this issue; however, it is not yet complete. MOTION: Case moved, seconded by Aho, to continue the Public Hearing to June 21, 2005. Motion carried 5-0. CITY COUNCIL MINUTES June 7, 2005 Page 4 B. EAGLE RIDGE AT HENNEPIN VILLAGE- SIX by Pemtom Land Company; Request for Planned Unit Development Concept Review on 16.9 acres; Planned Unit Development District Review on 1.6.9 acres;Zoning District Change from Rural to R1-9.5 on 16.93 acres; Preliminary Plat of 16.9 acres into 41 single family lots and 4 outlots. Location: South of Charlson Road and east of Spring Road. (Resolution No.2005-79 for PUD Concept Review,Ordinance for PUD District Review and Zoning District Change,Resolution No. 20005-80 for Preliminary Plat) Neal noted this 41 lot single-family subdivision is consistent with the planned unit development concept approved by the City Council on April 12, 2005. There are waivers for setbacks and lot size similar to those granted for other R1-9.5 zoned sites in Hennepin Village. The Planning Commission voted 8-0 to recommend approval of the project to the City Council at the May 9, 2005 meeting, subject to revising the preliminary plat to show a 100-foot diameter cul de sac and remove the planting island from the road right of way; revising the landscape plan to remove trees from the right of way; and providing an architectural diversity plan so that no two units are alike, side-by-side, or opposite each other. Jeremiah noted the City is still working with the developer on including eight affordable units as a condition of approval. Tyra-Lukens asked what constitutes"architectural diversity."Jeremiah said it refers to the exterior appearance and must be substantial. Minor changes to the materials or color would not qualify. Tyra-Lukens asked if the City monitors this during building, and Jeremiah said yes. Case asked about the issue of the planting island. The same issue came up with this developer in the Entrevaux development with a boulevard or island concept. Case said the Council had pushed staff to allow the boulevard despite Staff s concerns about tree death and difficulty plowing. The Council had seen other cities allow boulevards and loved the look of it. He asked how the plan had worked out at Entrevaux. Dietz said Staff s position is the area would look the same whether the trees were right at the curb line or five to ten feet back. A lot of this development is private streets so these streets wouldn't be an issue for the City. He noted some other cities have a wider right-of-way, which makes the boulevard a non-issue. Dietz agreed to look into Entrevaux and report back with photos and information. There were no comments from the public. MOTION: Butcher moved, seconded by Case,to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 16.9 acres; and approve 1st Reading of the Ordinance for Planned Unit Development CITY COUNCIL MINUTES June 7,2005 Page 5 District Review with waivers, and Zoning District Change from Rural to R1-9.5 on 16.9acres; and adopt the Resolution for Preliminary Plat on 16.9 acres into 41 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and approve and Authorize Issuance of a Grading Permit for Eagle Ridge at Hennepin Village 6th, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 18, 2005, as approved by the City Council. Motion carried 5-0. C. CODE AMENDMENT Proposal to amend City Code Section 11.30 to add Showroom to the list of permitted uses in the Industrial Zoning Districts. (Ordinance for Code Amendment) The Planning Commission voted 8-0 to recommend approval of the code change to the City Council at its May 9, 2005 meeting. Neal said this is basically a housekeeping item prepared with the City attorney to add language for a showroom as a permitted use, provided products are for display purposes only and not for direct retail sales. Jeremiah said no adverse effects are expected form this change. MOTION: Aho moved, seconded by Case,to close the Public Hearing; and approve the Ist Reading of the Ordinance Amending City Code relating to showrooms. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher, Case,Young, and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Veterans Memorial Concept-- Councilmember Case Case expressed enthusiasm for the veterans' memorial concept presented by resident John Mallo during this evening's Council Workshop. The new CITY COUNCIL MINUTES June 7,2005 Page 6 City park across from Southwest Station would be a great location, since it already contains the memorial bridge for former Mayor Jean Harris. The park could even be named Memorial Park. A privately funded veterans' memorial is a great idea and Staff should run with it. Tyra-Lukens asked if Mallo were suggesting the park be renamed. She understood the concept to be adding a veterans' memorial. Case said he had had conversations with Mallo, and both the name change and the memorial were being proposed. A park available to memorials would be a great concept. Butcher suggested having the public submit ideas, as was done with the Harris Bridge. Tyra-Lukens noted the Council had delegated the project to Parks and Recreation. She said to wait and see what they developed. 2. Flag Policy- Councilmember Case Case requested Staff to write out the City's flag policy—not for a task force or public hearing, but just as a codification of the policy for Council's information. Neal agreed. 3. City Representative for MAC Reliever Airport Discussions- Councilmember Case Case noted there has been a lot of discussion recently about whether the MAC will continue to support reliever airports, such as Flying Cloud. Tim Anderson of MAC was quoted as saying, "We are looking at the very existence of relievers."A task force report reviewing the financing of the reliever system was expected June 8th. With operating costs expanding from $5 million before 9/11 to a projected $10 million in 2007,the relievers are a drain on the MAC budget. Closing Flying Cloud would have a substantial impact on Eden Prairie. The downside would be for pilots and a few businesses. The upside could be potentially huge. Case estimated the current land use only generates 5%of its potential revenue. An additional $3 million in revenues(compared to $25 million for the City now) could be possible were the airport to close and the land be developed. Though the City agreed not to oppose expansion in its 2002 agreement with MAC, a lot has changed since then. Three written City requests in the past year for confirmation that the agreement is still in place have gone unanswered. The City should be proactive, as it was with the Vikings stadium, and seek a seat at the table rather than waiting for things to happen"to us." Case said he would bring a resolution in two weeks to direct Staff to seek a seat at the table in MAC discussions regarding reliever airports. CITY COUNCIL MINUTES June 7,2005 Page 7 Tyra-Lukens asked if the task force was the same one discussed in the winter, with no City representation whatsoever. Case said it was. Neal said legislation would be required to include City representatives in reliever airport discussions. He did not think this provision was included in the current bill. Aho agreed it would be good to be part of the discussion, but noted the City has a legally binding agreement with MAC. B. REPORT OF CITY MANAGER 1. Southwest Metro Transit Commission Joint Powers Agreement Neal introduced the Executive Director of Southwest Metro Transit, Mr. Len Simich, to make a brief presentation to the City Council concerning proposed changes to the Joint Powers Agreement. Simich explained the Legislature has changed the funding for Southwest Metro Transit from property taxes on Chaska, Chanhassen, and Eden Prairie to revenue from the state motor vehicle sales tax. The issue is how any assets or liabilities would be divided between the three cities if the legislature were to dissolve the agency. Formerly,the agreement had it based on each community's contributions. The new agreement would divide responsibility for any liability based on the number of households and their value. This would create a fluctuating formula that would assign more of the liability to Chaska and Chanhassen as those cities continue to develop and receive more service. Case noted the new formula would assign about 23%to Chanhassen, 17% to Chaska, and 60%to Eden Prairie if the agency were dissolved today. Simich said this reflects the current levels of service and ridership. Case asked what the breakdown had been under the old property-tax-based system. Simich said Eden Prairie's contribution was closer to 70%. Case noted Southwest Metro's assets and liabilities are currently balanced, but that might not always be true. Eden Prairie has 60%of the liability but only 2/7 of the voting power. He asked if there should be a different formula for representation, or if the"open rider" slot could be assigned to the city with the most liability. Butcher inquired if Southwest Metro had a policy requiring a balanced budget. Simich confirmed they do have this policy and maintain reserve funds,with minimal debt. Capital expenditures are normally funded through state or federal grants. Debt retirement expenditures are capped at no more than 2%of the budget. The agency is well below that. Conservative budgeting has really saved the agency this year with rising fuel costs, in contrast to Metro Transit,which is in financial crisis. Federal money could dry up down the road, but for now the agency is very CITY COUNCIL MINUTES June 7,2005 Page 8 stable. Routes will likely expand westward in the wake of the new Highway 212, so cities like Victoria, Waconia, and Shakopee might come into the agreement. Eden Prairie always retains the power to opt out. Case foresaw a potential situation where Eden Prairie could have the majority of the ridership but little voting power if each city had a representative. Sim ich said other cities that wanted to join would need to come back through the Council process. He noted Southwest Metro serves Bloomington and Minneapolis,which have no representation at all. Tyra-Lukens said this is not a critical issue. There are already checks and balances. There is also a history of cooperation. There would be no incentive for Chaska or Chanhassen to weaken the organization and increase their own risk. Neal agreed collegiality is a strength of Southwest Metro. Leveraging approval of the agreement might compromise that. He recommended approving the agreement without amendment and presenting the representation question to the group through a separate process, if desired. MOTION: Case moved, seconded by Butcher, to approve the Third Restated Southwest Metro Transit Commission Joint Powers Agreement between the Cities of Eden Prairie, Chanhassen, and Chaska. Motion carried 5-0. 2. Cougar Sightings Neal noted three calls had reported cougar sightings in Eden Prairie in late May, none of which were confirmed. However, the City does take these seriously and investigate. Patrol and animal control officers are on the lookout. Park rangers have been directed to go deeper into conservation areas to look for signs. A map has also been set up to track sightings. 3. Travel Policy for Local Elected Officials Neal said the governor recently approved a new item requiring cities to develop a travel policy for local elected officials. There must be guidelines for out-of-state travel, an approval process, and funding limits. Neal will develop such a policy for the Council's approval. 4. Baimbridue Street Neighborhood Traffic Study Neal said the Bainbridge Drive neighborhood has requested the City look at traffic and speeding in their area. A traffic study is underway and olice patrols p p are giving input. CITY COUNCIL MINUTES June 7,2005 Page 9 5. Newest Population Data Neal received the most recent population data for Eden Prairie, dated 4/l/2004, when Eden Prairie passed the 60,000 mark with an estimated 60,460 residents living in 23,311 households. The population is probably about 62,000 today. 6. Anoka County Vikings Stadium Impact on Eden Prairie Neal noted discussions continue regarding an Anoka County Vikings stadium. All the proposals so far relocate the training facilities and offices from Winter Park in Eden Prairie to the new site. Neal wrote the governor saying that if the State will be encouraging this move, Eden Prairie would like a seat at the table. Discussions with the governor's staff suggested Eden Prairie could be included. Butcher asked how many acres are at Winter Park. Dietz said about 20, but some is wetland. Probably 13-15 acres are usable. All the Vikings' Eden Prairie operations—corporate offices and training facility--are located at that one site. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Trail Planning Update Due to Lambert's absence, the update was continued to the June 21 meeting. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting at 7:55 p.m. to go into a closed session to continue discussion on the City Manager's performance review. Motion carried 5-0. CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILA. Community Pointe on Lake Riley Development/Planning Janet Jeremiah Regested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-22 on 4.5 acres; and • Approve the Development Agreement for Pointe. Synopsis This is final approval the developer agreement and plans for a 4 lot single family subdivision. Background Information One Lake Access Path for each lot may be constructed from an area outside the Easement Area to Lake Riley, subject to the following restrictions: • The path may be no wider than eight(8) feet. • The path may have up to a 2 foot maintenance strip on either side of the path. • The path may traverse a width of no more than sixteen(16) feet in width as it proceeds from beginning to end. • The path may not be located in the side yard setback. • The path may include mowed grass or be covered in wood chips, but not improved with any other material. • The path may not remove significant trees. • The path may not have side rails,unless required by building code. • The path may have steps built in and or a lift where the grade of the lot where the path traverses exceeds 15 percent. Attachments 1. Developer Agreement 2. Ordinance for PUD District Review and Zoning District Change. POINTE ON LAKE RILEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-2005-PUD-5-2005 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 R1-22 Zoning District 9- 2005-PUD-5-2005 (hereinafter PUD-5-2005-R1-22"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 21, 2005, entered into between G&L Land Investments, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement'). The Development Agreement contains the terms and conditions of PUD-5-2005-R1-22, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2005-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2005-R1-22 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-5-2005-R1-22 are justified by the design of the development described therein. D. PUD-5-2005-R1-22 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 R1-22 Zoning District and shall be included hereafter in the Planned Unit Development PUD-5-2005-R1-22 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 e Cod Chapter 1 entitled General Provisions and Definitions P 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 17�h day of May, 2005, 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 2 1"day of June, 2005. ATTEST: Klileen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on May 5�', 2005. EXHIBIT A DEVELOPMENT AGREEMENT - LOT 3, BLOCK, RILEY ESTA TES, HENNEPIN COUNTY, MN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 9-2005-PUD-5-2005 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 9004 Lake Riley Road from the Rural Zoning District to the R1-22 Zoning District on 4.5 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. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on May 5, 2005. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT POINTE AT LAKE RILEY THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 21, 2005,by G&L Investments,L.L.C.,a Minnesota limited liability corporation,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 4.5 acres,Planned Unit Development District Review with waivers on 4.5 acres,Zoning District Change from Rural to R1-22 on 4.5 acres, and Preliminary Plat of4.5 acres into 4 lots and 1 outlot, 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 Rural to R.1-22,and ResolutionNo. for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: I. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 17, 2005, reviewed and approved by the City Council on May 17, 2005, hereinafter the Plans and identified on Exhibit B subject to such changes and ( ) � J g modifications as provided herein. 2, EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel ofthe Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department, The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height,and type of details. D. Location of sewer, water,gas and electric lines. E. Method of erosion control. F, Detailed grading plans. G. No construction or grading within any conservancy easement area. M No steepening of the natural slopes and walk out levels that meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation. 1. Engineered design for footing, foundation,and retaining walls. 4. CROSS ACCESS,STORM SEWER AND MAINTENANCE AGREEMENT: Prior to release by the City of any final plat for the Property, the Developer shall provide a cross access easement and maintenance agreement for Lots 1-4 over Outlot A ofthe Property. The Developer shall also provide cross access to the adjacent properties(PID 19-116-22-32-0007 owned by Ronald and Virginia Lund and PID 19-116-22-32-0004 owned by JM & BA Kirtland). The form of the agreement must be approved by the City Engineer. This Agreement shall address,joint vehicle access and maintenance over the private street and internal storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access, utility and maintenance agreement has been recorded in the Hennepin County Recorder`s Office/Registrar of Titles'Office. 5. DEDICATION OF LAND FOR WETLAND PROTECTION: Prior to release ofthe final plat for the Property, Developer shall dedicate to City proposed Outlot B for wetland protection in accordance with the terms of Exhibit C. 6. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City 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. 7. 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. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans 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 ofthe 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. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B,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. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-22 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD list PUD number): A waiver from the requirement for 90 feet of frontage on a public street to 0 feet of street frontage. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official,and obtain the Chief Building Official's written approval ofdetailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12 SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water on an assessable area of 4.074 acres in the amount of$ 23,568.09 and for Riley Lake Road Improvements in the amount of$62,000.00. 13. 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 private streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be ofa plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall finrnish to the City Engineer and receive the City Engineer's written approval of surety equal to 125%of the cost of said improvements. 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. 14. TREE LOSS -TREE REPLACEMENT: There are 3,512 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 765 diameter inches_ Tree replacement required is 222 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 222 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. 15. WETLAND PLAN: Prior to release of the final plat for any portion ofthe Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report(`Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report. The Buffer Report must include an evaluation of the shoreline area, including the retaining wall vegetation and condition, and provide a re-vegetation or landscaping plan consistent with the recommendations provided by the Minnesota Department of Natural Resources(MDNR)and the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD)as well as City Code requirements. If Landscaping of the 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 buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter,this report shall be submitted annually until two fiill 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 ofthe 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 final plat 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 ofthe Final Plat,the Developer shall provide a proposed wetland buffer monument design and installation diagram for approval by the Environmental Coordinator. 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 shalt 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 ofthe 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(hereinafter referred to as the"Security") 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 Security 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. DEVELOP CITY OF EDEN PRAIRIE By By It's Nancy Tyra-Lukens It's Mayor By BY It's Scott H.Neal It's City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 72005, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager ofthe 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 2L:� . / ay of CG�C ,2005,by �T�° �✓,J X y.1/rv,rr�r/the C ,n ,c1 , of - C :/Li�.cJ�5 LLB , a Minnesota/,tits 7f-4�i�. ,�rr�c�¢ f of the D 10D.2 Notary Public THUS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie ANN M.WALDSCHMIDT 8080 Mitchell Road NOTARY PUBLIC-MINNESOTA Eden Prairie,MN 55344 :Nsr. My Commission Expires Jan 31,2010 EXHIBIT A DEVELOPMENT AGREEMENT -POINTE AT LAKE RILEY Legal Description before Final Plat Lot 3, Block 1, Riley Estates Legal Description after Final Plat Lots 1-4, Block 1, The Pointe on Lake Riley EXHIBIT B DEVELOPMENT AGREEMENT -- POINTE AT LAKE RILEY Title Sheet, dated 3101105. by Kallio Engineering LLC Existing Conditions&Certificate of Siuvey, dated 3/01/05,by Kallio Engineering LLC Preliminary Plat, dated 3/01/05. by Kallio Engineering LLC Grading, Drainage,&Erosion Control Plan, dated 3/01/05. by Kallio Engineering LLC Utility Plans,dated 3/01/05. by Kallio Engineering LLC Street and Storm Plan, dated 3/01105. by Kallio Engineering LLC Tree Preservation planTitle Sheet,dated 3/01/05. by Kallio Engineering LLC Title Sheet,dated 3/01/05. by Kallio Engineering LLC EXHIBIT C DEVELOPMENT AGREEMENT -- POINTE AT LAKE. RILEY I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(i"=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. I1. 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 parkk 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 j its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning,Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sale purpose and right to amend Exhibit Ahereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property,except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That to the best of the Developer's knowledge,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. 11513.01, et. seq. (such substances, wastes, pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That to the best of the Developer's knowledge, no previous owner, operator or possessor ofthe 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. XIL 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. XVL 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. XV IL 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. XVIH. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location ofthe boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/z 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-- POINTE AT LAKE RILEY 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 ofstreets 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 inspectionsC'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 ofthis 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 I%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be alien 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 ZU) EXHIBIT E DEVELOPMENT AGREEMENT- POINTE AT LAKE RILEY AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2005,betweenthe City of Eden Prairie,a municipal corporation,(the"City")and a Minnesota (the"Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk Improvements"). 2. Storm sewer, concrete curb and gutter and bituminous street within Riley Lake Road adjacent to the Property, (all of which is hereafter referred to as "Riley Lake Road Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction,and maintenance of the Trunk Improvements and Riley Lake Road Improvements as follows: a. The Property will be assessed for Trunk Improvements on 4.074 acres in an amount of$23,568.09. b. The Property will be assessed for the Riley Lake Road Improvements in an amount not to exceed$62,000. 2. The City will prepare a Feasibility Report that will show proposed costs to be assessed against the Property and additional amounts to other lands for the Riley Lake Road Improvements. The actual costs to be assessed against the Property for the Riley Lake Road Improvements shall be determined in the same manner as reported in the Feasibility Report to be prepared with respect to these improvements. For purposes of determining the amount of the assessments,the costs of the Riley Lake Road Improvements shall include,in addition to actual construction costs,administrative,interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Riley Lake Road Improvements and costs incurred for acquisition of easements and or right-of-way, including attorney fees. The actual cost to be assessed against the Property for the Riley Lake Road Improvements may differ from the amount in the Feasibility Report but shall not exceed the amount specified in paragraph 1. 3, The City`s assessment records for the Property will show the assessments as a"pending assessment"until levied. 4. 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. 5. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount ofthe 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. 6. This agreement shall be effective immediately. 7. This agreement may not be terminated without the written consent of both Patty's. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens It's Mayor By: NOT TO BE SIGNED Scott H.Neal, It's City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005,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 ,2005, by the a Minnesota on behalf of the Notary Public Tms INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8090 Mitchell Road Eden Prairie,MN 55344 EXHIBIT G DEVELOPMENT AGREEMENT - POINTE AT LAKE RILEY CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of_____,2005 by and between , a Minnesota 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 My 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. Prior to construction or modification of the Lake Access path, (referred to in paragraph 2.F. below) a Vegetation Management Plan for the maintenance of the vegetation within the Lake Access path must be submitted to the City for review and written approval of the plan. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18..76-18.88,upon submission and written approval ofa Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turf grass, such as Kentucky bluegrass, shall occur within the Easement Area except as noted in paragraph 2.F. below. 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, One Lake Access Path for each lot may be constructed from an area outside the Easement Area to Lake Riley, subject to the following restrictions: i. The path may be no wider than eight(8)feet. j. The path may have up to a 2 foot maintenance strip on either side of the path. ii. The path may traverse a width of'no more than sixteen (16) feet in width as it proceeds from beginning to end. iii,. The path may not be located in the side yard setback. iv, The path may include mowed grass or be covered in wood chips,but not improved with any other material. V. The path may not remove significant trees. vi. The path may not have side rails,unless required by building code. vii. The path may have steps built and or a lift where the grade of the lot where the path traverses exceeds 15 percent. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all Iiens, 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 § 9601, et. seq., or Minn. Stat., Sec. 11513.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D, That to the best of the Developer's knowledge, no previous owner, operator or possessor of the easement area, deposited, stored, disposed of;placed,or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to 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 It's Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal It's City Manager STATE OF MINNESOTA } )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, 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 72005, by . the a Minnesota 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" Legal Description Before Plat Legal Description After Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Plat Legal Description Amer Plat EXHIBIT[' C "EASEMENT AREA" DIAGRAM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Cliff Cracauer Approve 2005 Auction of Surplus Public Works/Fleet Services Vehicles and Equipment. Requested Action Move to: Approve the sale of surplus vehicles and equipment at public auction held by Hennepin County Cooperative Purchasing(or their agent). Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule. Annual requests for sale of Surplus Property are developed from this schedule. Attachments • 2005 Surplus Equipment List City of Eden Prairie Fleet Services Unit Repoit Page: 1 of 1 Custom Unit Listing Date: 06/09/05 at 2:23 PM Central Mfg. License Unit Serial Number Spec-Vehicle Spec-Vehicle Unit Year Plate Make Model 211(Automobiles)current 1998 NRR315 2FAFP71W8WX145126 Ford Crown Victoria 212(Automobiles)current 1998 NRR313 2FAFP71WXWX145127 Ford Crown Victoria 214(Loaner)current 1999 Police 2FAFP71W4XX181686 Ford Crown Victoria 228(Police car)current 2001 GCC879 2FAFP71 W31X138903 Ford Crown Victoria 237(Police car)current 2002 Police 2FAFP71W72X138470 Ford Crown Victoria 238(Police car)current 2002 Police 2FAFP71W92X138471 Ford Crown Victoria 239(Police car)current 2002 Police 2FAFP71WO2X138472 Ford Crown Victoria 261(Van)current 2001 908727 1GCDM19W81BI40404 Chevrolet Astor Van 355(S.U.V.)current 1998 FUM 1B4HS289WF172940 Dodge Durango 363(Pickup 3/4 ton)current 1985 911 1FIIM6ISFPA76036 Ford F250 422(Van)current 1997 174899 2BSWB35ZOVK559186 Dodge Ram Wagon 464(Pick-up 3/4 ton)current 1997 175159 1GCGK24R5VZ223943 Chevrolet 473(Mower riding)current 1998 None 30795 Toro 325D 501(Pickup 1/2 ton)current 1997 175184 1GCEC14WXV7255985 Chevrolet C1500 705(Pickup 3/4 ton)current 1997 175131 1GCGK29R4VE248834 Chevrolet M500 706(Pickup 3/4 ton)current 1997 175132 1GCGI{29RXVE250300 Chevrolet CE2500 716(Medium truck)current 1997 175161 3FEEF38FXVMA42754 Ford F350 730(Van)current 1999 902936 1GCHG35R3X1126347 Chevrolet Van 740(Pickup 1 ton)current 1998 178824 IGCHI{34.I9WZ239214 Chevrolet 915(Loaner)current 1996 1722" 1FALF52U4TG153715 Ford Taurus 970(Equipment)current 1998 915-297 1FDWE3OF2WHA2097 Ford E350 Dossier Maintenance Software DWR1050A-050609 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Randy L. Slick Grading Permit for Lakeview Office Public Works/Engineering Building Requested Action Move to: Authorize issuance of grading permit to Westbrand, Inc. for the construction of a drive thru lane and parking lot reconfiguration. Synopsis Westbrand, Inc. is requesting City Council approval for the grading/construction of a bank drive thru lane and minor parking lot reconfiguration at 100 Prairie Center Drive. Approximately 500 cubic yards of material is to be moved on the site. Background Information On September 16, 1997, the City Council approved a rezoning of this site to "office", to permit the construction of a two-story 18,500 square foot office building. The new owner would like to lease a portion of the building for a bank. The proposed bank requires a drive thru lane to be constructed. The proposed plan complies with the requirements within the office zoning district. Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Planning staff has reviewed the proposal for conformance to City Code. Existing trees will be relocated and/or replaced. Attachments • Grading plan 9 Y /g/8 %MCP rE5 f\�.R0pil O L / �$ C w 1 1 .� .74 89.8 i 9 0 88.44 87. } 8.14 89.1 J ✓ �/ 7$ 7 a SEE INSERT I !1I 3 STAIRS I I' 7jw y B7$ ; y 11" TREAD, 6" p' I� SILT FENCE (T ) aa.6 *.F` ].26k I --a 7 se , RISER. SEE ARCH BB po 7 / . ,� � v - ess2�-' 6i s]s �- PLANS 8 I� � Existing Buildin I �JI / --8s2—... r .n: sfi.p6s�#s6.6°: IA 100 Prairie Cent pr, 6] I o Eden Prairie MN 5er - I' II PROTECT HYDRANT ROC T10 ENTR CE1 DE i' 662 1 m m 7934 79.3 9.7 880 9.39 I s(' AVM` -3 'CA 1 \�ts�q.00: R- 3.00 i \ I MAT EXISTING - \ \ PAVEMENT s] (ADJUST CASTING)" \ !�:' i - / RE=878.30 IE=875.72 � CORE DRILL EX CB - A \ zlbs- (ADJUST CASTING) \ $7.30'"- �� `^ �, EXISTING CATCH BA IE=875.17t 58'-12" RCP --RE=t379.05 ®6.60R MATCH EXISTING IA AT SAWCUTPAVEMENTGLINEES NORTF I n.[eai za �.'Ose � SILT FENCE (TYP) 7 0 30 I IN �` SCALE IN FEI CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.: VILD. Randy Newton Adopt Resolution Authorizing Public Works/Engineering Execution of Limited Use Permit for Trail Purposes with MnDOT. Requested Action Move to: Adopt Resolution Authorizing Execution of Limited Use Permit for Trail Purposes with MnDOT. Synopsis The pedestrian underpass and trail,which are being constructed as part of the TH 212/Charlson Road Improvements, require a Limited Use Permit with MnDOT. The permit allows the City to construct, maintain, and operate the underpass and trail which will be located within MnDOT right-of-way. Background Information As part of the TH 212/Charlson Road Intersection Improvement Project the City has planned to construct a pedestrian underpass of Highway 212. The underpass will serve as a pedestrian gateway to the Minnesota River Valley and the future trail system that is planned for this area. The TH 212/Charlson Road Intersection Improvement Project was awarded to S.M. Hentges& Sons, Inc at the June 7, 2005 City Council meeting. The project includes constructing the TH 212/Charlson Road intersection with turn lanes, installing a traffic signal, constructing a second westbound through lane on TH 212 and constructing a pedestrian underpass. Financial Implications The City of Eden Prairie will be responsible for all costs associated with constructing and maintaining the trail and underpass. Based on the bid prices the pedestrian underpass and trail is expected to cost approximately$130,000. Attachments • Resolution • Draft Limited Use Permit CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MnDOT TH 212 AND CHARLSON ROAD INTERSECTION IMPROVEMENT PROJECT I.C. 05-5638 WHEREAS,the City of Eden Prairie has approved a plan to construct a pedestrian underpass and a trail in the right-of-way of Trunk Highway 212 to promote the safe crossing of the highway;and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction,maintenance, and operation of the trail and underpass. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: That the City of Eden Prairie enter into a Limited Use Permit with the State of Minnesota, Department of Transportation to construct, maintain, and operate a recreational trail and pedestrian underpass within the right-of-way of Trunk Highway 212. BE IT FURTHER RESOLVED, The Mayor and City Manager are hereby authorized to execute the Limited Use Permit and any amendments to the Permit. ADOPTED by the Eden Prairie City Council on June 21,2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR NONMOTORIZED RECREATIONAL TRAIL C.S. 2744 County of Hennepin In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the City of Eden Prairie, Permittee. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreational trail and pedestrian underpass, (hereinafter called trail), within the right of way of Trunk Highway No. 212 as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. Page 1 of 4 5. Any and all maintenance of the trail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 11. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the return and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee. Page 2 of 4 14. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 15. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 16. No assignment of this permit is allowed. 17. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 18. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 20. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages. 21. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. Page 3 of 4 MINNESOTA DEPARTMENT CITY OF EDEN PRAIRIE OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: By District Engineer Date Its And APPROVED BY: COMMISSIONER OF TRANSPORTATION Its By: Date Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: VII.E. Randy Newton Approve Change Order No. 1 for the TH Public Works/Engineering 212 at Prairie Center Drive Intersection Improvement Requested Action Move to: Approve Change Order No. 1 for the TH 212 at Prairie Center Drive Intersection Improvement Project in the amount of$31,141.93. Synopsis This change order is a result of various field revisions that were required during the first couple of months of construction. The project is approximately one third complete and additional change orders can be expected. Background Information The TH 212/Prairie Center Dr project was awarded to Midwest Asphalt Corporation at the February 15, 2005 City Council meeting. Construction on the project began in mid-April and continues to proceed. Due to the wet weather conditions of the past month the project is slightly behind schedule. City staff remains committed to successfully completing this project at the earliest possible date,which is currently anticipated to be late August. The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing double left turn lanes on all approaches to the intersection and an eastbound to southbound right turn acceleration lane. Financial Implications The additional costs associated with the change order will be paid from the Major Center Area Construction Fund. Attachments • Change Order No. 1 I , i June 9,2005 CHANGE ORDER NO. 1 Project: TH212 and Prairie Center Drive Eden Prairie, Minnesota SP 2744-57 City Project No. 01-5527 To: Midwest Asphalt Corporation You are hereby.directed to make the changes noted below in the contract. Measured ADD the following costs to the contract: Unit Unit Price Ouanti1y Amount 1. Work Order 1 a. Modify Manhole Cone Each $330.00 1 $330.00 b. Casting Assembly Each $220.00 1 $220.00 c. Abandon Storm Sewer Pipe Lump Sum $1078.00 1 $1,078.00 d. Lean Mix Backfiil Cubic Yard $119.30 50 $5,965.00 2. Work Order 2 a. Modify Hydrant Lump Sum $5,390.97 1 $5,390.97 b. Modify Catch Basins Lump Sum $839.87 1 $839.87 c. Utility Conflict No. 2 Lump Sum $1,399.78 1 $1,399.78 3. Work Order 3 a. Utility Conflict No. 3 Lump Sum $8,339.31 1 $8,339.31 4. Work Order 4 a. Grounding System Lump Sum $4,279.00 1 $4,279.00 5. Work Order 5 a. Traffic Control Interconnection Lin Ft $30.00 60 $1,800.00 b. Handhole Each $750.00 1 $750.00 c. 2" NMC- Trenched Lin Ft $5.00 450 $2,250.00 d. 3" RSC- Trenched Lin Ft $20.00 0 $ 0.00 TOTAL ADDITIONS $32,641.93 REMOVE the following costs to the contract: 6. Work Order 5 a. Traffic Control Interconnection Lin Ft $30.00 50 -$1,500.00 TOTAL DELETIONS - 1,500.00 ORIGINAL CONTRACT AMOUNT $1,624,229.83 TOTAL ADDITONS $ 32,641.93 TOTAL DELETIONS -$ 1,500.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 31,141.93 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $1,655,371.76 THE ABOVE CHANGES ARE APPROVED: I SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE B r Y By Project Engineer City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: MIDWEST ASPHALT CORPORATION CITY OF EDEN PRAIRIE By By Mayor Date 1 D ' Date i CHANGE ORDER NO. 1 Project: TH212 and Prairie Center Drive Eden Prairie, Minnesota SP 2744-57 City Project No.01-5527 ITEM DESCRIPTION OF CHANGES 1. WORK ORDER NO. 1 a. Modify Manhole Cone and Casting Assembly The sanitary sewer manhole at station 166+82 offset 20 foot left requires the top of casting to be lowered. This will be accomplished by cutting the top portion of the cone section and placing a low profile casting(Ring Casting. 700-4, STD Plate 4101D, and Cover Casting. No. 716, STD Plate 411017). This work shall also include the price of removing the existing casting and cover. Payment for this item was determined on negotiated unit prices. b. Abandon Storm Sewer Pipe: The existing storm sewer pipe at station 66+30 offse t 12 foot left and 25 foot right (37 Lin. Ft +-)needs to be abandoned. This will be accomplished by bulk heading both ends of the abandoned pipe,placing 4" PVC in the bulkheads for the placement of the silica sand and filling the pipe with silica sand. Payment for this item was determined on negotiated unit prices. c. Lean Mix Backfill:When placing the sanitary sewer stub and outside drop unsuitable soils were encountered requiring the placement of lean mix backfill in the disturbed trench. This manhole and stub will be under the new widening on TH 212. The soils that were excavated during this work will require the contractor to haul this material offsite. Payment for this item was determined on negotiated unit prices. 2. WORK ORDER NO.2 a. Modify Hydrant: The existing water main at station 26+72 offset 20 feet right is buried 10.5 feet instead of 7.5 feet as shown in the plan. The proposed hydrant relocation required special wet tap fittings and hydrant extensions to construct without impacting the two existing concrete duct banks owned by Qwest Communications. The location of the duct banks were not provided by Qwest during design,hence', this additional work was not anticipated in the Plan. Payment for this item was determined on a force account basis. b. Modify Catch Basins: Catch basin Nos. 102 and 103 required field modifications of the pipe openings to best fit the existing storm sewer alignment which was different than shown in the Plan. Payment for this item was determined on a force account basis. c. Utility Conflict No. 2: The location of catch basin No. 203 conflicted with an existing concrete duct bank owned by Qwest Communications. Contractor was directed to excavate in a different location to determine locations of duct bank and vertical separation between duct bank and existing 16" water main. It was determined that the proposed storm sewer crossing below the duct bank and above the water main at this location was not feasible and would require the lowering of the 16"water main. The storm sewer line was redesigned to flow in a different location. Payment for this item was determined on a force account basis. 3. WORK ORDER NO.3 a. Utility Conflict No. 3• The contractor was directed to expose existing utilities in several areas,along this pipe run, to confirm the final pipe alignment. The contractor was directed to reroute the proposed storm sewer from MH No. 204 to a new manhole No. 204A - us' 12 inch ductile iron pipe to cross between the e existing duct bank " P P g tilt and 16 water main. Catch basin Nos. 203 required field modifications to adjust the pipe openings to accom modate the new storm sewer alignment. The contractor placed insulation board to protect the 16-inch water main and duct bank. The existing auxiliary valves at station 24+29(28' RT)and 27+68(30' RT)were directed to be removed instead of allowing the valves to be buried inplace according to the Plan. The existing tees were plugged using 6- inch plugs. The existing water main at station 24+30(30' RT)is buried 10.5 feet instead of 7.5 feet as shown in the plan. The proposed hydrant relocation required special wet tap extension fittings and hydrant extensions to construct while avoiding the two existing concrete duct banks owned by Qwest Communications. The location of the duct banks were not provided by Qwest during design, hence;this additional work was not anticipated in the Plan. Payment for this item was determined on a force account basis. 4. WORK ORDER NO.4 a. Grounding System: The proposed signal system is picking up unwanted static energy from the existing Xcel Energy transmission line that crosses diagonally through the intersection. The static charge is such that numerous shocks and equipment failures have occurred.while installing the temporary/permanent signal system. Due to this safety concern, a grounding system will be installed using 20-foot ground rods and#4 wire to provide a"looped" grounding system at the intersection. The wires will be catholically welded to the ground rods and to the mast arm/pedestrian poles. This work was not included in the Plan. Payment for this item was determined on negotiated unit prices. 5. WORK ORDER NO.5 a. Traffic Control Interconnection- b. Handhole: c. 2" NMC- Trenched: d. 3" RSC- Trenched: The existing signal interconnection conduit between station 74+00 and 77+00(approx. 25' RT)was field located to exist approximately 5 feet left of the existing concrete median. Proposed Hand hole No. 8 at station 75+30(22' LT)was intended to be constructed over the existing signal interconnection conduit and connected to Hand hole No. 7 by a directionally bored conduit. In order to avoid placing hand hole No. 8 in the southbound lane for TH 212 by removing pavement and patching, the interconnect will be installed along the westerly right of way of TH 212 from Middleset Road to Regional Center Road. This work includes trenched and bored conduits,a new hand hole and miscellaneous lawn restoration. Payment for these items was determined on negotiated unit prices. 6. WORK ORDER NO.5 a. Credit for Traffic Control Interconnection: The existing signal interconnection conduit between station 74+00 and 77+00(approx. 25' RT)was field located to exist approximately 5 feet left of the existing concrete median. Proposed Hand hole No. 8 at station 75+30(22' LT)was intended to be constructed over the existing signal interconnection conduit and connected to Hand hole No. 7 by a directionally bored conduit. In order to avoid placing hand hole No. 8 in the southbound lane for TH 212 by removing pavement and patching, the interconnect will be installed along the westerly right of way of TH 212 from Middleset Road to Regional Center Road. Due to this deletion of work a credit of$1,500.00 was negotiated. K•1 avUlln-Consducdon W MI ChangeOrderl.doc CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Paul Sticha, Office of the City New Roof at Cummins Grill Building Manager, Facilities Requested Action Move to: Approve budget increase of$16,300 and approve Change Order Request A-1 in the amount of$13,300 for the replacement of the cedar shingle roof at the Cummins Grill Building at 13600 Pioneer Trail. Synopsis The cedar shingle roof is badly deteriorated and has reached the end of its useful life. A specification has been written to perform repairs and an alternate has been written to replace the roof. The attached change order request is to accept the alternate, and therefore to remove the existing roof and replace it with a new roof(instead of repairing it). Background Information A Building Assessment was done last fall for 21 City owned buildings by Environmental Process Inc. (EPI). in their report, EPI noted that this roof was badly deteriorated and should be replaced in the next year or two. They noted that repairs would extend the life of the roof by a few years, but that these repairs would essentially be "lost," as the roof would likely fail completely in two to three years despite the repairs. I was present for the assessment process, inspected the roof and agree with EPI's findings. Kevin Schmieg (Building Inspections Dept), also inspected this roof and agrees that it should be replaced, not repaired. The proposed roofing work has also been reviewed by the Heritage Preservation Commission and by John Gertz. I am also suggesting a $3000 contingency for this re-roofing project. Since the roof is badly deteriorated, it is likely that there is hidden damage in the roof underlayment and/or roof joists that will need repair during the re-roofing. Additionally, I recommend and have requested in the 2006 budget, that the oak branches near the house be properly trimmed away from the house and roof. (Trimming of oaks must be done in the winter.) Attachments Change Order A-1 in the amount of$13,300 Jun - 16- 2005 9: 11AM No•7638 P. 1/1 Contract Administration Disirlbution List: Owner Architect G701 Change Order Contractor (Instructions on the reverse side) Field Other PROJECT(Name and address}: CHANGE ORDER NUMBER: 1 Riley Jacque Farmhouse&JR Cummins Farmhouse Repairs DATE. June 16,2005 Eden Prairie,MN TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER: EP0301-BG2 MN Construction CONTRACT DATE: 27451451h Street West Rosemount,MN CONTRACT FOR: General CWgfi- cUon THE CONTRACT IS CHANGED AS FOLLOWS: t, (Include,where applicable,any undisputed amount attributable to previously executed Construction Change Dirertivesilf F ; Complete replacement of wood shingles at main roof of JR Cummins Farmhouse in lieu of cleaPiitW_gnd ppddre0h�8tnenl, Shingles to be applied directly over 30-pound felt with ice and water shield only at eaves and vallggs; > h The original(Contract Sum) was $ 165,220.00 _The net change by previously authorized Change Orders $ ,,,,., Q•� The(Contract Sump prior to this Change Order wasThe(Contract Sum) will be(increased){deereaEed)-(Mliettangod) "by this Change Order in the amount of ,3 ,OW nit: The new(Contract Sum) Including this Change Order will be 4 17$520.0 The Contract Time will be omweeaed}.(deereexd)(unchanged)by W{ )days. The date of Substantial Completion as at the date of this Change Order therefore is September 1,2005 NOTE.This Change Order does not Include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price 010ft ha0eerf authorized by Construction Change Directive undl the cost and time have been agreed upon by both the Owner and CQrttr wfot;In which case a Change Order IS execdBd to supersede the Construction Change Directive- HOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. _._.__Mftlflt.El nwirtdin Arrhjlpflin_ MN f nnatniClion —.0AtWfr-;den Prald ARCHITECT 9FIrm name)) CONTRACTOR(Firm name) OWNER(firm name) 123 North 3rd Street,Suite 104 2746145%Street West 8080 Mitchell Road ADDRE% ADDRESS ADDRESS Minneapolis,Minnesota 55401 Rosemount,MN Eden Prairie,MN B?Ign ) BY(signature) BY(Signature) a D.Lemmon Setchow _ _ Joe TDtali HArvpv.iaenrr (Typed name) (Typed name) to 1'1e 11Q, Sao 1✓ Post-it'Fax Note 7671 ante .{ ,p15 DATE DATE To fA JAI D From CAUTION-You should sign an original AIA Convect Document,an which this text aPI Co-rDept. Cc AIA Document G701 Change Order tD 2001 The American Insiltule of Architects^Washingi photocopying or substantial quotation of the material herein without wrltlen permissl Phone a Phone ri Oi subject the vlorator to legal prosecution.To report copyright violations of AIA Contract Dr Fax r � Fax s 1 coovdahrOals.ora CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.G. OCM/IT Approve First Amendment to Joint Lisa Wu, IT Manager Powers Agreement with School District for Use and Operation of Oak Point Pool Requested Action Move to approve First Amendment to Joint Powers Agreement with School District for Use and Operation of Oak Point Pool. Synopsis The First Amendment to the Joint Powers Agreement was approved by the City Council on April 26, 2005. The School Board subsequently approved the agreement with some revisions at their June 6, 2005, meeting. Staff has reviewed the School Board changes and recommends that Council approve the First Amended Joint Power Agreement as revised. Background To manage City staff time more efficiently and provide better customer service at the Oak Point location, an electronic time clock, cables, computer, software and wireless network will be installed at Oak Point School for City staff use only. Our Park and Recreation Department currently has a"Joint Powers Agreement'with the School District to provide for joint use of the swimming pool facility located at Oak Point Intermediate School. The agreement was established in April 2002. This First Amendment to the Joint Powers Agreement will help City staff access class registration information electronically and also transfer our staff time into our payroll system automatically. Attachments First Amendment to Agreement FIRST AMENDMENT TO JOINT POWERS AGREEMENT THIS AGREEMENT is made as of June , 2005 between Independent School District No. 272, a Minnesota Public School organized under the laws of the State of Minnesota(hereinafter referred to as the "School District") and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota(hereinafter referred to as the"City"). RECITALS: A. The School District and the City have entered into a Joint Powers Agreement executed on April 18th and 24th, 2002 (the "Joint Powers Agreement"), pursuant to Minn. Stat. § 471.59, with respect to the joint use and operation of a swimming pool facility located at the Oak Point Intermediate School ("Oak Point"). B. The City desires to install a wireless WLAN network connection at Oak Point to allow City staff to enter time card information and review class schedules at Oak Point. C. Unless otherwise pro vided herein, all capitalized words and terms in this First P p Amendment shall have the same meanings ascribed to such words and terms as in the Joint Powers Agreement. All reference to the Joint Powers Agreement shall mean the Joint Powers Agreement, as hereby amended, whether or not such reference shall expressly refer to this First Amendment. NOW, THEREFORE, in consideration of the mutual understanding and agreement herein set forth, the parties agree as follows: 1. Installation. The City shall install a wireless WLAN network connection at Oak Point, which includes installation of an antenna and wireless equipment on the roof of Oak Point and a time clock and computer station at the service counter located outside the Oak Point Pool (hereinafter referred to as the "Equipment"). The location of the Equipment and the manner of installation are subject to the School District's prior written approval, which approval will not be unreasonably withheld. The City shall provide design plans indicating the proposed location of the Equipment for the School District's review. The School District must approve the plans before the installation work is initiated. 2. Ownership and Service of the Equipment. The City shall retain full ownership of the equipment. Further, the City shall be responsible for any and all service and maintenance required of the Equipment. The City shall ensure the Equipment is maintained in a reasonable and safe condition in accordance with good engineering practices. The City will make repairs or complete needed maintenance promptly. 3. Use of Equipment. The Equipment shall be for the sole use of the City. The City shall be responsible for securing the Equipment when not in use. 4. Liabili . The City assumes all liability regarding the installation and use of the t tY tY g g Equipment and shall indemnify the School District for any and all damage caused at Oak Point due to the installation of the Equipment. The School District shall not be liable for 1 any loss or damages arising out of the City's installation and use of the Equipment at Oak Point, including specifically any damage or destruction of the Equipment, or any consequential damages due to interruption of the City's wireless WLAN network connection at Oak Point or loss of data. 5. Except as expressly provided in this First Amendment, all provisions of the Joint Powers Agreement remain in full force and effect and are not modified by this First Amendment, and the parties hereby ratify and confirm each and every provision thereof. 6. In the event the City ceases use of the Equipment, or upon termination of the Joint Powers Agreement, the City shall, at its sole expense, remove its Equipment and restore the School District's property to substantially the same condition existing prior to installation, reasonable wear and tear excepted. In the event the School District undertakes maintenance of Oak Point requiring the temporary relocation or removal of the Equipment, the School District shall notify the City of the date by which the temporary relocation or removal must be completed provided, however, that the School District shall give the City at least thirty (30) days in which to complete the temporary relocation or removal. 7. This First Amendment constitutes the entire agreement between the parties with respect to the subject matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated in this First Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Joint Powers Agreement) are superseded and have no further force or effect. 8. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9. This First Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns under the Joint Powers Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by the authority of their respective governing bodies. INDEPENDENT SCHOOL DISTRICT CITY OF EDEN PRAIRIE NO.272 By By Its: Chair Its: Mayor By BY Its: Superintendent Its: City Manager Dated: Dated: 2 STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was acknowledged before me on the day of June, 2005, by as Chair and by as Superintendent of Independent School District No. 272, a Minnesota Public School, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of June, 2005, by Nancy Tyra- Lukens as Mayor and by Scott H. Neal as City Manager of the City of Eden Prairie, a municipal corporation, on behalf of said corporation. Notary Public 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.H. Sue Kotchevar, Office of the Authorize staff to renew lease for the City Manager/Finance Prairie Village Liquor Store by exercising option to renew for five more ears Requested Action Move to: Renew lease for the Prairie Village Liquor Store by exercising option to renew for five more years. Synopsis According to the current lease agreement, the City has the right to extend the term of the lease for a period of five years immediately following the initial term. The City must give written notice no later than 180 days prior to the end of the initial term of the lease. Current rent is $11.50 per square foot or $60,375 annually. Rent will increase January 1, 2006 and January 1, 2008 by the change in the consumer price index. CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. I. Sue Kotchevar, Office of the Resolution Relating to $2,390,000 City Manager/Finance General Obligation Improvement Bonds, Series 2005A Requested Action Move to: Adopt Resolution Authorizing Issuance of$2,390,000 General Obligation Improvement Bonds, Series 2005A. Synopsis The purpose of the issuance of the bonds is to pay for street improvements on Mitchell Road and Technology Drive. Background Information As described in their approved Developer's Agreement, ADC was required to construct several identified improvements on Technology Drive and at the intersection of Technology Drive and Mitchell Road. Following several amendments to the Developer's Agreement,ADC and the City of Eden Prairie have negotiated for the City to construct the improvements and assess ADC for their share through a special assessment agreement rather than the approved Tax Abatement Agreement. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA .RESOLUTION NO. 2005- RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$2,390,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS,SERIES 2005A BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City), as follows: SECTION 1. ESTABLISHMENT, AUTHORIZATION AND SALE. 1.01. Permanent Improvement Revolving Fund Establishment. The City has, and will continue to have, a need for substantial improvements to its infrastructure and wishes to establish a system for the financing of those improvements on a consistent basis. Minnesota Statutes, Section 429.091, Subdivision 7a, authorizes the City to establish a revolving fund for the payment of the costs of any improvement described in Minnesota Statutes, Section 429.021, or any waterworks systems, sewer systems, or storm sewer systems described in Minnesota Statutes, Section 444.075, (all such improvements and systems being referred to herein as Improvements) and for the payment of any obligations issued to pay the costs of Improvements or to refund obligations issued for those purposes. This Council hereby creates a revolving fund as contemplated by Minnesota Statutes, Section 429.091, Subdivision 7a, to be designated as the Permanent Improvement Revolving Fund(the Fund),which shall be maintained as a separate and special bookkeeping account on the official books of the City until all obligations have been fully paid, or the City's obligation with reference to such obligations has been discharged as provided in the resolutions under which such obligations were issued. Within the Fund, the following accounts are created:a Revenue Account and a Debt Service Account. This Council shall, from time to time as necessary, issue and sell general obligation bonds (the Obligations), to finance the cost of various Improvements (the Improvements financed by each series of Obligations are referred to herein as a Project), each series of Obligations to be issued pursuant to a resolution of this Council(the Resolution). No Obligations may be issued for a Project unless either(i)at least 20 percent of the costs of such Project is to be assessed against benefited property or(ii)the Council estimates that the costs will be recovered from the net revenues of the waterworks system, sewer system, or storm sewer system operated by the City, or a combination of net revenues and special assessments. Each series of the Obligations shall be payable primarily from a Debt Service Fund established or designated in the Resolution and the proceeds of each series of Obligations shall be used to defray in whole or in part any expenses incurred or estimated to be incurred in making the Improvements, including every item of cost of the kinds authorized by Minnesota Statutes, Section 475.65, or to refund Bonds previously issued under this Ordinance or under Minnesota p Y Statutes, Chapter 429, or Sections 115.46 or 444.075. The Obligations shall be general obligations to which the full faith and credit of the City are pledged. If the special assessments to be levied and net revenues estimated to be available for their payment are estimated to be at least 20 percent of the principal amount of the Obligations, the Obligations may be issued without an election and shall not be included in determining the net indebtedness of the City under the provisions of any law limiting net indebtedness. When all conditions exist precedent to the offering for sale of Obligations,this Council may issue and sell temporary Obligations not exceeding the total amount authorized, maturing in not more than three years from the date the temporary Obligations are issued, in anticipation of the issuance of the Obligations. To the extent that the principal of and interest on the temporary bonds cannot be paid when due from other sources pledged or appropriated for the purpose, they shall be paid from the proceeds of permanent Obligations or additional temporary Obligations which this Council shall offer for sale in advance of their maturity; but the indebtedness funded by an issue of temporary Obligations shall not be extended by the issue of additional temporary Obligations for more than six years from the date of the first issue. The holders of any temporary Obligations shall have and may enforce, by mandamus or other appropriate proceedings, all rights respecting the levy and collection of taxes that are granted by law to holders of permanent Obligations, except the right to require the levies to be collected prior to the maturity of the temporary Obligations. If any temporary Obligations are not paid in full at maturity, the holders may require the issuance in exchange for them, at par, of new temporary Obligations maturing within one year from their date of issue but not subject to any other maturity limitation, and bearing interest at the maximum rate permitted by law. This Council may by resolution adopted prior to the sale of any temporary Obligations pledge the full faith, credit, and taxing power of the City for the payment of the principal and interest, in addition to all provisions made for their security in the authorizing resolution. If it does so, the temporary Obligations will be designated as general obligation temporary Obligations, and this Council shall levy taxes for their payment in accordance with this section. The proceeds of any Obligations received by the City, exclusive of unused discount and accrued interest, shall be deposited in one or more Construction Funds (each a Construction Fund) created or designated in the Resolution and used to pay costs of the Projects or such other Improvements as the Council may designate, or in the case of refunding Obligations,the net proceeds shall be deposited either in an escrow account as provided in Minnesota Statutes, Section 475.67, or in the fund or account from which the refunded Obligations are payable. A special subaccount shall be created within the Construction Fund for each Project, and Bond proceeds, Revenues any other revenues appropriated by the Resolution for that Project shall be held and accounted for therein. When a Project has been completed and its costs paid, or if the Council determines to abandon the Project, any amounts remaining in the subaccount for that Project shall be transferred to the Revenue Account in the Infrastructure Management Fund. All revenues,which shall include all (i) special assessments levied with respect to Improvements financed or refinanced through the Fund; (ii)utility revenues pledged or appropriated to the Fund with respect to Improvements financed or refinanced through the Fund, (iii)taxes levied with respect to any Obligations or Improvements financed or refinanced through the Fund; (iv) proceeds of any federal or state grants received with respect to, or appropriated for the purpose of, any Improvements financed or refinanced through the Fund; and(v)other 2 moneys at any time pledged or appropriated by this Council for the purpose of the Fund, (the Revenues) are irrevocably pledged and appropriated and shall be credited to the Fund as received. Notwithstanding the foregoing, no taxes levied or amounts appropriated by this Council as a result of a deficiency in the Revenues for the payment of any Obligations(the Deficiency Amounts) shall be considered as part.of the Revenues, and any Deficiency Amounts shall be deposited as received to the Debt Service Fund of the Obligations with respect to which such deficiency exists. The Revenue Account is established as a separate and special bookkeeping account within the Fund. All Revenues shall be deposited, as received, into the Revenue Account. On July 1 in each year, commencing July 1, 2005, there shall be transferred from the Revenue Account to the Debt Service Account an amount sufficient, with amounts then on hand in the Debt Service Account, to pay the principal of and interest on all Obligations due or to become due through the next succeeding June 30. If the balance on hand in the Revenue Account is not sufficient on any July 1 to make the required transfer to the Debt Service Account in full, all Revenues thereafter received in the Revenue Account shall be immediately transferred to the Debt Service Account until the balance therein reaches the required level. So long as there is no deficiency in amounts required to be transferred to the Debt Service Account, amounts on hand in the Revenue Account may be transferred, as needed,to the subaccount for any Project within any Construction Fund. The Debt Service Account is established as a separate and special bookkeeping account within the Fund. On each July 1, a transfer shall be made from the Revenue Account, and if the transfer from the Revenue Account is not sufficient, the Revenues thereafter received by the City shall be transferred, as received,to Debt Service Account until the balance on hand in the Debt Service Account equals the sum of(i)the principal and premium, if any, due on any Obligations on and before the next succeeding July 1 whether by reason of stated maturity or through operation of the mandatory redemption of any term Obligations under the Resolution, plus (ii) interest due on any Obligations on and before the next succeeding July 1. If on any interest payment date there are not sufficient amounts on deposit in the Debt Service Account to pay the total amount of interest and principal coming due on such interest payment date, the City shall transfer any moneys then on deposit to the credit of the Revenue Account, in an amount equal to such deficiency, to the Debt Service Account. There are hereby established two accounts in the Debt Service Account, designated as the "Debt Service Subaccount" and the"Surplus Subaccount." During each Bond Year(i.e., each twelve month period commencing on July 1 and ending on the following June 30), as monies are received into the Debt Service Account, the Treasurer shall first deposit such monies into the Debt Service Subaccount until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Obligations through the end of the Bond Year. All subsequent monies received in the Debt Service Subaccount during the Bond Year shall be appropriated to the Surplus Subaccount. If at any time the amount on hand in the Debt Service Subaccount is insufficient for the payment of principal and interest then due,the Treasurer shall transfer to the Debt Service Subaccount amounts on hand in the Surplus Subaccount to the extent necessary to 3 cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Subaccount and Surplus Subaccount shall be credited or charged to said accounts. On the business day preceding each date on which principal of or interest on any Obligations are to be paid by the City in accordance with the Resolution, the Clerk shall, without further direction by the Council,transfer from the Debt Service Account to the Debt Service Fund from which such Obligations are payable an amount sufficient to pay such principal and interest. If the aggregate balance in the Debt Service Account is at any time insufficient to pay when due all principal of and interest on all Obligations payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Revenue Account when the balance therein is sufficient, and this Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,which levy is not subject to any constitutional or statutory limitation. All Obligation proceeds and Revenues on hand in the Fund shall be deposited or invested in accordance with Minnesota Statutes, Chapter I I8A. All securities so purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the Account from which funds are withdrawn for the purchase. All income, gain and loss on such investments will be credited or charged, as the case may be,to the Account from which the investment was made. When all of any outstanding Obligations have been discharged as provided in the Resolution, all pledges, covenants and other rights granted herein to the holders of any such Obligations shall cease. At that time the Council may determine to terminate the Fund, and may appropriate any moneys on hand therein for any other City purpose. 1.02. Authorization. The City Council hereby determines that it is in the best interest of the City to issue its $2,390,000 principal amount of General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005A (the Bonds)to finance from the Permanent Improvement Revolving Fund the costs of various public improvements in the City described in Exhibit I attached hereto (the Projects). 1.03. Sale. Pursuant to the Official Statement prepared on behalf of the City by Northland Securities, Inc., financial advisor to the City, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of in , and associates (the Purchaser), to purchase the Bonds at a price of$ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 4 SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed,it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of July 1, 2005, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2006 $ % 2011 $ % 2007 2012 2008 2013 2009 2014 2010 2015 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond,the principal amount thereof shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing June 1, 2006, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the month immediately preceding the Interest Payment Date,whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Bonds maturing in 2014 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the securities depository in accordance with its customary procedures) in multiples of$5,000, on December 1, 2013, and on any date thereafter, at a price equal to the 5 principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on December 1, 20 and 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date,without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20 Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20 Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association in Minneapolis, Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and City Manager are authorized to execute and 6 deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ister. The Registrar shall keep at its principal corporate trust office a register(the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person(whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making g the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment,transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for 7 the refusal, in good faith,to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond,whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating_Ag_ent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. 8 Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated,the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede &Co." shall mean Cede & Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution,with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner 9 of the Bonds. So long as any Bond is registered in the name of Cede& Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede& Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede& Co., the Bonds will be transferable to such new nominee in accordance with paragraph(e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph(e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds,the provisions of this resolution shall also apply to all matters relating thereto, including,without limitation,the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: 10 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2005A Interest Rate Maturily Date Date of Original Issue CUSIP No. % December 1, 20_ July 1, 2005 REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, Minnesota(the City) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns,the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date(as hereinafter defined)to which interest has been paid or duly provided for, at the annual interest rate specified above,payable on June 1 and December 1 in each year, commencing June 1, 2006 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,National Association in Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of$2,390,000 issued pursuant to a resolution adopted by the City Council on June 21, 2005 (the Resolution), to provide funds to be deposited to the Permanent Improvement Revolving Fund of the City, a permanent fund established for the financing of local improvements for which special assessments may be levied against property specially benefited thereby, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in the denomination of$5,000 or any integral multiple thereof, of single maturities. 11 Bonds maturing in 2014 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and,within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on December 1, 2013, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered holders of any Bonds, at the holders' addresses as they appear on the bond register maintained by the Bond Registrar. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the year 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the agent of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. 12 The Bonds have been designated by the City as"qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstandingan other provisions f this Bond so to this Bond is registered in o s o n as s Y P � g g the name of Cede& Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede& Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the improvements financed by the Bonds and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated such special assessments and ad valorem taxes to the Revenue Account(the Revenue Account) of its Permanent Improvement Revolving Fund established by the Resolution; that, on or before each date the City is obligated to pay principal of or interest on the Bonds,the City will transfer from its Revenue Account to a separate General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005A Debt Service Account an amount sufficient for the payment of such principal and interest on such date; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, charter or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for an purpose or be entitled to an g rY Y P rP Y security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. 13 IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager. CITY OF EDEN PRAIRIE,MINNESOTA (facsimile signature—Mayor) (facsimile signature—City Manager) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM-as tenants in common UTMA ................... as Custodian for ..................... (Cust) (Minor) TEN ENT- as tenants by the entireties under Uniform Transfers to Minors Act .............. (State) JT TEN- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. 14 Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City, exclusive of unused discount, pre-issuance accrued interest and capitalized interest, if any, shall be deposited in the Construction Fund established in Section 4 hereof and used to pay costs of the Projects or such other Improvements as the Council may designate. SECTION 4. CONSTRUCTION FUND. The City hereby establishes the Permanent Improvement Revolving Fund Series 2005A Construction Fund (the Construction Fund) as a separate bookkeeping account on its books and records. There shall be deposited into the Construction Fund,when and as received, the amount specified in Section 3 hereof. There shall be established a separate account within the Construction Fund to record expenditures for each Improvement. The moneys in the Construction Fund will be disbursed by the City, in accordance with this Resolution and the City's normal procedures, to pay (or reimburse the City for)the costs of the Projects, including also the issuance costs of the Bonds. At such time as the Projects are completed the City shall transfer any remaining balance in the Construction Fund as provided herein. SECTION 5. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2005A BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City shall maintain a separate debt service fund on its official books and records to be known as the General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005A Bond Fund (the Bond Fund)within the Debt Service Account of the Permanent Improvement Revolving Fund (as described herein,the Debt Service Account), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund(a) any amount received from the Purchaser in excess of the amount required by Section 3 hereof to be deposited in the Construction Fund; (b)all moneys transferred with respect to the Bonds from other accounts within the Permanent Improvement Revolving Fund to the Debt Service Account in accordance with this Resolution; and (c)all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. On the business day preceding each date on which principal of or interest on the Bonds are to be paid by the City in accordance with this resolution,the City Manager shall, without further direction by the Council,transfer from the Debt Service Account in the Permanent Improvement Revolving Fund to the Bond Fund an amount sufficient to pay such principal and interest. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement 15 from the Permanent Improvement Revolving Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 6. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the cost of the Projects,the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20%of the cost of each of the improvements financed by the Bonds. The City estimates it will levy special assessments in the aggregate principal amount of$ . It is estimated that the principal and interest on such special assessments will be levied and collected in the years and amounts shown on Exhibit A attached hereto. In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by the City Council or by any of the officers or employees of the City, either in the making of such assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. The collections of the special assessments shall be deposited, as received, into the Revenue Account. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively come due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, the City presently estimates that the special assessments described herein, together with any funds to be appropriated by the City to the Bond Fund,will be at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds and therefore no ad valorem taxes are required to be levied at this time. SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date. Provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient 16 to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 9.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code)and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended for payment of the costs of the Project, except that any excess over that required for the Project may be expended as provided herein. The Improvements are and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to the use of the Improvements, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered"private activity bonds"or"private loan bonds"pursuant to Section 141 of the Code. 9.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be"arbitrage bonds"within the meaning of the Code and Regulations. 9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(t) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds"of the Bonds (other than amounts constituting a"bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 9.04. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose of this representation)which will be issued by the City and all subordinate entities during calendar year 2005 does not exceed $10,000,000. 17 9.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures,the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply(i)with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii)with respect to "preliminary expenditures" for the Projects as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20%of the"issue price" of the Bonds. 9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure(as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly,to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c)hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2004,the following financial information and operating data in respect of the City(the Disclosure Information): 18 (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof, an update of the operating and financial data of the type of information contained in the Official Statement under the captions ECONOMIC AND FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT STATISTICS; GENERAL INFORMATION-"Major Employers"and "Building Permits." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c)or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2) hereof),then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. 19 (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform.; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph(b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b)to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1)of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any 20 state information depository then designated or operated by the State of Minnesota as contemplated by the Rule(the State Depository), if any; (2) the information described in paragraphs(2) and(3)of subsection(b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs(1) or(2) of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term;Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time,without notice to(except as provided in paragraph(c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5) of the Rule; (ii)this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the 21 reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5)of the Rule. SECTION 10. CERTIFICATION OF PROCEEDINGS. 10.01. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information as the County Auditor may require, and to obtain from the County Auditor a certificate that the Bonds have been duly entered upon the County Auditor's bond register. 10.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey& Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 10.03. Official Statement. The Official Statement relating to the Bonds, dated , 2005, relating to the Bonds prepared and distributed by Northland Securities, Inc., the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission(the SEC)under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ADOPTED by the City Council of the City of Eden Prairie this 21St day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 22 HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on June 21, 2005, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$2,390,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005A, dated as of July 1, 2005, and levying taxes for the payment of the Bonds. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand officially this day of , 2005. Hennepin County Auditor (SEAL) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. VII. J. OCM/Human Resources Direct Staff to not Waive the Monetary Wayne Estenson, Manager of Limits on Tort Liability Established by Support Services Minnesota Statutes 466.04 Scott Neal, City Manager Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to waive. Attachments LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE —WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than$300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to$1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to$1,000,000, regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. r accepts liability coverage limits of$ from the League of Minnesota Cities Insurance Trust(LMCIT). Checkone ❑ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT Date of city council rneetmg Signature/Date Position.'a Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 LMCIT(11/00)(Rev.I 1/03) Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. K. Fire Sale of"Heavy Rescue" Squad 33 Requested Action Approve sale of fire department vehicle Squad 33 to the City of Blue Earth for$50,000. Synopsis This truck is being replaced by three new rescue pumpers. This vehicle was set for replacement in 2007 in the CIP. Background Information Research was conducted by members of the fire department truck committee using periodicals, the internet and industry sources to establish a fair market price of$50,000. A mailing was sent to all fire departments in the state of Minnesota. The City of Blue earth responded to that mailing. CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. A. Community L.G. Everest Aggregate Transfer Development/Planning Facility Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.74 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-Gen Zoning District on 2.74 acres ; and • Adopt the Resolution for Preliminary Plat on 2.74 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis L.G. Everest is in the aggregate business. The proposal is to ship aggregate by rail from western Minnesota to this site in Eden Prairie. Aggregate will be unloaded from rail cars by front-end loader into trucks which will either deposit material on site, transfer to Midwest Asphalt across the street or to other job sites in the Twin Cities area. Existing buildings on the site would be removed in order to store aggregate. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project, including the waiver for lot size and loading on a street frontage, to the City Council at the May 23, 2005 meeting. Background. Raw materials can be stored outside in the I-Gen Zoning District provided it is screened from public roads and adjacent differing land uses. The plan shows a combination of berms and plantings for screening purposes. The code requires that no loading facility can be located on a street frontage or within the required side or rear yard requirements. The loading area is not located in the side or rear yard' setbacks. The loading facility is located on a street frontage and requires a waiver. The I-Gen Zoning District has a minimum lot size of 5 acres. The preliminary plat combines two existing lots to create a 2.74 acre lot. This is a waiver from the City code. There are two ways to look at the waivers; it may be reasonable request considering that only 1 of 17 surrounding lots surrounding the site comply with the 5 acre minimum and the outdoor storage is screened, or the waivers promotes the continued non-conformity of lots in the area. The applicant could acquire additional land to meet the 5 acre minimum lot size. If the waiver is not granted the two existing lots could continue to be used as exist today, or used independently for outdoor storage. The staff initial reaction to the proposal was that it was a permitted use and if the site could develop meeting performance standards, there could be support for the smaller lot, primarily due to the small lot sizes that exist in the surrounding area. However there is more to consider than performance standards and lot sizes. Much like the recent visioning processing for the MCA Study, there should be a discussion about what this area should be in the future. The current guide plan identifies this site and the surrounding area as Industrial. Continued industrial use can be acceptable in this location since there is industrial to the west and east of the area. If industrial is an acceptable use then the next discussion point is whether the area should remain as is or should it move towards a development pattern consistent with the City code requirements. A balanced look at the short and long term use suggests development consistent with City code requirements. The staff supports development consistent with City code requirements. If the decision is to develop land consistent with the guide plan, zoning, and subdivision regulations then the plan should be modified to conform as follows. Acquire an additional 2.26 acres to meet the 5 acre minimum lot size. Construct a building between the loading area and the street frontage so that the loading area then becomes part of the rear yard. If the decision is to recognize this area as a collection of interim, but non conforming uses, until market forces redevelop the entire area, then consideration should be given to granting the waivers. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated May 20, 2005 4. Site Location Map 5. Land Use Map 6. Zoning Map 7. Ownership and Lot Size Map 8. Emission Calc 9. Narrative 10. Unapproved Minutes of the May 23, 2005, Planning Commission Meeting L.G. EVEREST AGGREGATE TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF L.G. EVEREST AGGREGATE TRANSFER FACILITY FOR L.G. EVEREST WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 23rd, 2005, on L.G. Everest Aggregate Transfer Facility by L.G. Everest and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 21, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. L.G.Everest Aggregate Transfer Facility, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 7t' , 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission May 23rd,2005. ADOPTED by the City Council of the City of Eden Prairie this 21 sc day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: EXISTING LEGAL DESCRIPTION: TRACT I AND TRACT J, REGISTERED LAND SURVEY NUMBER 1054,HENNEPIN COUNTY,MINNESOTA PROPOSED LEGAL DESCRIPTION: LOT 1, BLOCK 1, L.G. EVEREST ADDITION, HEENPIN COUNTY,MINNESOTA L.G. EVEREST AGGREGATE TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF L.G. EVEREST AGGREGATE TRANSFER FACILITY FOR L.G. EVEREST BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of L.G. Everest Aggregate Transfer Facility for L.G. Everest stamp dated April 7th, 2005, and consisting of 2.74 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21St day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: May 20, 2005 SUBJECT: L.G. Everest Transfer Facility APPLICANT: L.G. Everest OWNER: MAC Equipment LLC and Aero Dyne Machinery Corporation LOCATION: Industrial Drive and Highway 62 REQUEST: • Planned Unit Development Concept Review on 2.74 acres • Planned Unit Development District Review with waivers on 2.74 acres • Zoning District Change Amendment in the I-Gen Zoning District on 2.74 acres • Preliminary Plat of 2.74 acres into 1 lot. Staff Report—L.G. Everest Transfer Facility May 20,2005 PROJECT L.G. Everest is in the aggregate business. The proposal is to ship aggregate by rail from western Minnesota to this site in Eden Prairie.Aggregate will be unloaded from rail cars by front-end loader into trucks which will either deposit material on site,transfer to Midwest Asphalt across the street or to other job sites in the Twin Cities area.Existing buildings on the site would be removed in order to store aggregate. COMPREHENSIVE GUIDE PLAN The guide plan shows this site and the surrounding area for Industrial land use. OUTDOOR STORAGE OF MATERIAL Raw materials can be stored outside in the I-Gen Zoning District provided it is screened from public roads and adjacent differing land uses. The plan shows a combination of berms and plantings for screening purposes. OFF STREET LOADING FACILITIES The code requires that no loading facility can be located on a street frontage or within the required side or rear yard requirements. The loading area is not located in the side or rear yard setbacks.The loading facility is located on a street frontage and requires a waiver. The loading area,aisles, and access drives are required to be paved with a durable dustless surface and graded to drain to dispose of surface water without damage to private or public properties, streets, or alleys. The plans show a bituminous surface over the loading areas, aisles, and access drives. LOT SIZE The I-Gen Zoning District has a minimum lot size of 5 acres. The preliminary plat combines two existing lots to create a 2.74 acre lot. This is a waiver from the City code. There are two ways to look at the waiver;it may be reasonable request considering that only 1 of 17 surrounding lots surrounding the site comply with the 5 acre minimum,or the waiver promotes the continued non-conformity of lot sizes in the area. The applicant could acquire additional land to meet the 5 acre minimum lot size.If the waiver is not granted the two existing lots could continue to be used as exist today, or used independently for outdoor storage. DRAINAGE 2 Staff Report—L.G.Everest Transfer Facility May 20,2005 The plans show the required stormwater treatment pond. DUST OR DIRT The City code requires that solid or liquid particles shall not be emitted in concentrations exceeding 0.3 grains per cubic foot of conveying air or gas. The attached report on emissions calculations indicates the proposed use complies with this requirement. TRAFFIC The preliminary results of the traffic study indicate that the L.G. Everist facility is not expected to have a significant impact on traffic operations in either the short(2005)or long (2015)term. Although 300,000 tons of aggregate material a year is expected to pass through the L.G. Everist facility by 2015 the traffic impacts of the facility are limited by the following two factors: 1. The proposed L.G. Everist facility is expected to import 100 percent of its aggregate quantities via the adjacent railway. 2. Midwest Asphalt `s bituminous and recycling plant is located immediately adjacent to the proposed L.G. Everist facility. It is expected that Midwest Asphalt will import approximately 50 percent of L.G. Everist's yearly export. NON—CONFORMING USES This site and other sites in the surrounding area are in general non-conforming for a variety of reasons including but not limited to permitted use,lot size,setback,building material,landscaping, signs, etc. This site and surrounding land was developed prior to current regulations and may continue with the current non conforming use of the land. When requests for guide plan change, zoning,platting,site plan review,variances and planned developments are submitted for review,the City can require the nonconformities to be made conforming. The City code regulates non- conforming uses to be eliminated or altered to conform. SUMMARY The Planning Commission should discuss the following questions: 1. Should the waiver for lot size be granted? 2. Should the waiver for loading on a street frontage be granted? 3. What impact would the granting of the waivers have on adjoining property? 4. Will the granting of the waivers result in a better plan for the City than if the waivers are not granted? 3 Staff Report—L.G.Everest Transfer Facility May 20,2005 The staff initial reaction to the proposal was that it was a permitted use and if the site could develop meeting performance standards,there could be support for the smaller lot,primarily due to the small lot sizes that exist in the surrounding area. However there is more to consider than performance standards and lot sizes.Much like the recent visioning processing for the MCA Study,there should be a discussion about what this area should be in the future. The current guide plan identifies this site and the surrounding area as Industrial and continued industrial use can be acceptable in this location since there is industrial to the west and east of the area. If industrial is an acceptable use then the next discussion point is whether the area should remain as is or should it move towards a development pattern consistent with the City code requirements. A balanced look at the short and long term use suggests development consistent with City code requirements. The staff supports development consistent with City code requirements. If the decision is to develop land consistent with the guide plan,zoning,and subdivision regulations then the plan should be modified to conform as follows. • Acquire an additional 2.26 acres to meet the 5 acre minimum lot size. • Construct a building between the loading area and the street frontage so that the loading area then becomes part of the rear yard. If the decision is to recognize this area as a collection of interim, but non conforming uses, until market forces redevelop the entire area,then consideration should be given to granting the waivers. STAFF RECOMMENDATION Alternative One Approval • Planned Unit Development Concept Review on 2.74 acres • Planned Unit Development District Review with waivers on 2.74 acres • Zoning District Change Amendment in the I-Gen Zoning District on 2.74 acres. • Site Plan Review on 2.74 acres • Preliminary Plat of 2.74 acres into 1 lot. This is based on plans dated May 2, 2005, and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 2. Prior to final plat approval the proponent shall: 4 Staff Report—L.G. Everest Transfer Facility May 20,2005 A. Provide a landscaping surety. B. Pay the Cash Park Fee. 3. The following waivers are granted as part of the planned unit development. Lot size waiver from 5 acres to 2.74 acres, and loading located on a street frontage. Alternative Two Denial Denial is based on the following reasons: The lot does not conform to the 5 acre minimum lot size requirement in the I-General Zoning District. The lot does not conform to the City requirement prohibiting loading on a street frontage. 5 Area Location Map - L.G. Everest Transfer Facility Address: 6340 and 6350 Industrial Drive Crosstown(62) y. i Indian Chief Rd. / St Industrial Dr. y� r / Carlson Dr. /r 4. Edenvale Blvd. i / r i NO Scale L.G. Everest Transfer Facility 6340 and 6350 Industrial Drive Land Use Map � _. t Crosstown (62) zt _ Indian Chief Roast SITEi Industrial Drive t Bury Drive / Carlson Drive s Edenvale Boulevard 11' e Guide---,' ' � 2 t Low Density Residential -2.5 Unts,'Acre Fteir,;rsa€CrtlnrnarciaE Principal Arterial Law Pensity;F-ut)iic/Open Space Parr Open Spaces A Minor Arterial Meidwm Density residential 2.0-10 Units/Aure` Putdic�Guasi-Pu%Eic ^^ B Minor Arterial Medium Density Resitdentiat?t7"fiCe Church/Gem Carp Major Collector Kgh C}erlcit�,,,Residential 10-40 Un ts/Acre open water Minor Collector Office Right Of'Way Qfri+Cc industrial MetropofiLin Urban Service Line WUSA) Office Pi iblirv0pen Space': creeks LATE A4G—r 03 li 03 In€'lu aiel Airport Boundary cx TE Rtv*va001 G,01 Neighborhn,id;or-mrierciai W Cc�rt',•t;t�nity�t�n��t�ercial L.G. verest Transfer Facility 6340 and6350 Industrial Drive Zoning Map ...... ._..� _ _. ;.� -- - - - � �.— ,r f _ .. Crosstown (62) .�.«.,......., t Indian Chief Road #` ..- ��� SITE '/ Y fZ, Industrial Drive `` , Bony Drive �—,, Ili t f � f Carlson Drive i g F ------------- r" � f t f `v 4 (F 55 Edenvale Boulevard r jjf - 1 v i t 4 e> 2 _r.,,. Shoreland Management Classifications Natural Environment tt vate,s Recreationa;Develop,mentWaters ,t 1 l-t i General Development Waters(Creeks Only) �� { 11." I ary.fx 3'-Piad 100- Year Floodplain - T � N %4 J� a #i3121'LeiF of Ccw n RCA21 94 is(r+rJ}3V1eiJ.n0t cJnstn.u^,4vd 3A Ih€s L•x>v. 6S Lr 9a€mac et nwgh oaar,r #99 K,1 iBr-3 Add o,S op-G Cd,tr:knot it"xrWP-d,tsOn 1. z L.G. Everest Transfer Facility Ownership and Lot Size Map ! ` Crosstown(62) g 9 : Industrial Drive 1 lndian Chief i 33 777= if Location Owner Lot Size 1.5 (Acres) Midwest Asphalt 0.502 Z f 2 Midwest Asphalt 6.588 3 3 Midwest Asphalt 0.681 2 4 MAC Equipment Limited 2.331 5 Floyd Dahl Etal 0.849 6 Lakeland Properties 1.611 7 K&D Investments 0.653 8 MAC Equipment Limited 0.624 -� 9 MR&ML Strodel Trustees 0.962 10 United Investments LLC 1225 11 United Investments LLC 0.68 12 Aerodyne Machine Corp 2.023 13 MAC Equipment Limited 0.735 14 CAR NAV FIVE 0.981 15 CAR NAV FIVE 1.247 J. 16 CAR NAV FM 0.055 o Scale 17 Hennepin Forfeited Land 0.62 L.G. Everist Proposed Aggregate Handling Operations Eden Prarie, Minnesota Emission Calculations The following emission calculations have been prepared to demonstrate compliance with the Eden Prarie regulations regarding particulate matter emissions, if these regulations are determined to apply to this operation. The sources in question are fugitive in nature and have no conveying air, thus the regulation does not appear to apply. However, for these calculations only, it has been assumed that the concentration of particulate matter in the displaced air can be used as a surrogate for the grains per cubic foot of conveying air requirement of the regulation. The potential emissions in each cubic foot of displaced air were calculated using emission factors for particulate matter published by the US Environmental Protection Agency. The information regarding the density of the aggregate was provided by L.G. Everist. Given: Density of Aggregate= 1.3 Aggregate consists of washed granite PMia Emission Factor for washed aggregate unloading= 0.0001 lb/ton AP-42 Table 11.19.2-2 Air displacement= 27 ft3/yd3 One pound=7000 grains Assumption: The AP-42 emission factors do not include any test data for particulate matter as Total Suspended Particulate (TSP)for aggregate unloading. PM10 factors are provided. Assume that the PM10 emission rate is 50%of the TSP emission rate. Therefore,the emission rate for TSP is assumed to be 0.0002 lb TSP/ton Calculate the maximum allowable emission rate in Ib/ft3 per Eden Prarie regulation 0.3 gr/ft3/7000 gdlb= 4.3E-05 lbtW Calculate the air displacement per ton of aggregate loaded 1.3 x 62.2 Ib/ft3 x 27 ft/yd3 = 2183 Ib/yd3 2183.22 Ib/yd3 /2000 lb/ton = 1.1 ton/yd3 Calculate the potential emission rate from aggregate loading in Ib/ft3 0.0002 lb/ton x 1.1 ton/yd3 /27 ft3/yd3 = 8.086E-06 Ib/ft3 Based on the above calculations and if the Eden Prairie regulation were found to be applicable,the aggregate handling operations will comply with the Eden Prairie regulations. L.G.Everist Eden Prairie,MN PROJECT NARRATIVE L.G. EVERIST,INC.AGGREGATE FACILITY EDEN PRAIRIE,MINNESOTA 1.) General Description of Request L.G.Everist,Inc. of Sioux Falls, South Dakota,is by this application making a request for Preliminary Plat of a 2.7-acre site located on Industrial Drive, south of County Highway 62,in Eden Prairie,Minnesota. This site is across Industrial Drive from Midwest Asphalt's bituminous and recycling plant. This proposal is for the construction of a transfer facility for off-loading crushed granite from rail cars into concrete walled bins and then transferred to trucks or delivered directly to Midwest Asphalt. The granite comes from a granite quarry in Ortonville,Minnesota, and is used primarily for construction projects in Minnesota. The facility will consist of multiple storage bins of varying size,shape, and location based on the aggregate product. The granite will be off-Ioaded from rail cars into a hopper, or truck along side the rail car, and sent to the bins via trucks or conveyors. The granite will be loaded into trucks at the street side of the facility and hauled to its final destination. The major machinery components will consist of front end loaders, skid loaders,belly dumps,and regular dump trucks. The site will have a bituminous surface for all of the storage and maneuvering areas. The remaining areas will be vegetated and landscaped. The street frontage will be improved with concrete curb and gutter with two entrances. In order to prepare the site,existing buildings and pavements will be demolished and removed,mass grading will be performed and storm sewer and landscaping will be installed. A stonnwater pond will also be constructed on the far west end of the property. 2.) City Guide Plan Framework This property is currently guided"Industrial" �.) Zoning Classification This property is currently zoned"I-GEN." 4.) Variances Requested A variance is requested for the 5-acre minimum area required for the Industrial zoning district. City staff has given support for this request. 5.) Existing,Land Use Current use of the property is 2 dilapidated industrial buildings and associated parking. Hansen Thorp Peliinen Olson;Inc.04-077 4/28/2005 LG.Everist Eden Prairie,MN 6.) Phasing and Construction Schedule The project will be constructed in one phase and will commence once necessary approvals are granted. 7.) Development Method L.G.Everist,Inc.will enter into a long-teen land lease with Midwest Asphalt,the ultimate fee owner of the property. 8.) Legal Instruments etc. None 9.) Housing or Land Use Profile NIA 10.) Siggage A small site identifying sign will be placed at the entrance as shown on the site plan. 11.) Lighting No site lighting is proposed. 12.) Transportation CapacitX Hours of operation.: lam to 7pm,Monday—Friday,during construction season. Number of rail deliveries per day: One is anticipated,time of day is unknown at this point. Midwest Asphalt currently brings in an average of 10-23 tons of crushed granite per day during the construction season. This import of granite will be replaced with granite brought in by rail to the proposed facility. L.G.Everist,Inc.anticipates its' first year of sales will be 30,000-50,000 tons(the bulk of which will go across the street to Midwest Asphalt). Forecasts for future sales could reach a high of 300,000 tons in 10 years. It is anticipated that about half of the aggregate product will be used by Midwest Asphalt,located directly across the street,and half will be trucked off-site to other users. A traffic study was done by Alliant Engineering and has been reviewed by City Staff. It details the forecasted truck trips generated and pavement impacts. 13.) Level I Environmental Assessment See Phase 1 Audit. 14.) Environmental Assessment Worksheet Hansen Thorp Pellinen Olson,Inc. 4/28/2005 04-077 L.G.Everist Eden Prairie,MN Not required. 15.) Shoreland Ordinance This property is 1380 feet from Birch Island Lake at the closest point and is therefore not within the 1000 foot shore land zone. 16.) Airport Zones Not applicable. 17.) Disposition of Excess Land None. 18.) $tormwater and Erosion Control An on-site treatment pond designed to NURP standards is proposed on the western portion of the site,near the adjacent wetland. An erosion control plan has been implemented and uses multiple pre-treatments for the runoff prior to entering the pond. 19.) Stormwater Calculations Submitted to Staff. 20.) Wetlands There are no wetlands on the subject property. However,there is a wetland on the adjoining property to the west. A very small portion of the 25-foot wetland buffer zone encroaches onto the property and a conservation easement is proposed over this area. Refer to the Preliminary Plat and Wetland Delineation Report. 21.) Wildlife The property is currently entirely built-out with pavement and buildings. Impacts to wildlife will be minimal if any. 22.) Soils No geotechnical exploration was conducted or report generated,and there are no special soil concerns that we are aware of. 23.) Existing Structures There are two dilapidated buildings on the site. One is used as a warhouse and the other a landscaping building. 24.) Steep Sloes No steep slopes exist on the property,however,the railroad bed located in their right-of- way does have a significant side slope. The grading plan shows this slope to be expanded Hansen Thorp Peilinen Olson,Inc. 4/28/2005 04-077 L.G.Everist Eden Prairie,MN to the south in order to create an unloading pad near the tracks. A permit from the railroad company will be required for the construction. 25.) Other Issues—.Noise Levels.Dust Control L.G.Everist,Inc. has taken noise level readings near a front end loader similar to the ones proposed to load trucks and the readings are as follows: 75 db 100 feet from loader and 60 db at 250 feet from the loader. These levels are expected averages for the proposed site. City Staff has visited a similar site in New Brighton to understand better the noise created by this type of operation. The type of product and method of loading/unloading will not create any dust levels greater than the site currently produces. The material is clean-quarried rock aggregate with little fine particles. Hansen Thorp Pellinen Olson,Inc. 4/28/2005 04-077 Unapproved P.C. Minutes from May 23,2005 L.G. EVEREST TRANSFER FACILITY by L.G. Everest. Request for a Planned Unit Development Concept Review on 2.74 acres; Planned Unit Development District Review with waivers on 2.74 acres; Zoning District Amendment in the I-General District on 2.74 acres; Preliminary Plat of 2.74 acres into 1 lot. Robert Everest, Vice President of L.G. Everest Company,which is based in Sioux Falls, SD, presented the proposal. Mr. Everest stated that the function of his company is to operate quarries and sand and gravel operations;they also run a small short line railroad. The proposal presented if for an operation of a rock facility off of Industrial Drive. Mr. Everest used the overhead projector to illustrate the location of the proposal. He stated that his company operates a quarry in Ordenville,MN and it is on the TCW rail line. He showed the rail line and Industrial Boulevard and Midwest Asphalt,which would be located across the street. He stated that the proposal is to bring in cars on the TWC line and offload the granite and stockpile into bins for reload into trucks for both Midwest Asphalt and other customers in the area. Stoelting stated that he was having difficulty trying to ascertain Mr. Everest's neighbors. He stated that he thought Midwest Asphalt was across the street, along with MAC Equipment and LCC. Stoelting asked Mr. Everest if LCC was the shop office for Midwest Asphalt. Mr. Everest confirmed that it was. Stoelting asked Mr. Everest to point out some of the adjacent properties. Mr. Everest stated that Midwest Asphalt does own a lot of the property in the area. He stated that United Investment is located to the east of the property, and that Midwest Asphalt owns more property to the east of United Investment. An old propane business is located to the west of the property. Mr. Everest pointed out that there is no operation going on there at this time, but it is still zoned for propane storage. Stoelting asked Franzen to review the staff report. Franzen stated that discussions with L.G. Everest go back to the fall of last year. Franzen said that his first reaction to the project was that it would not be a permitted use because the City has a provision in the Industrial District that if processing is taking place then it must be done inside of a building. Franzen explained that he went out to Midwest Asphalt in New Brighton, where they bring aggregate in by rail. He stated that he took a tour of the facility to understand the process. He explained that the rail cars that come in can have different aggregate size. They have a front end loader that sits on top of the car to unload the aggregate into a dump truck that then goes into the site and is dumped in one spot. For each different aggregate size there is a separate pile. Franzen stated that as long as they do not mix on the site, it is not considered a process. As long as it is just transferring material from a rail car to the property, then it is a permitted use. Franzen stated that in order to permit outdoor storage there are some performance standards in the City Code. The first one being the screening requirement;which is keeping the loading area and maneuvering area out of the setbacks, which they do comply with. They also comply with the requirement for a hard surface area, because it is paved. They also comply with the requirement for treating the storm water, because there is a wetland that the water charges into. The traffic shows that they are not having material impacts on the road. The City also had L.G. Everest contact a company that does emission computations to determine whether or not they are falling in with the City standards for dust particles. Franzen stated that the only two requirements that this project does not meet are the lot size, because they are only able to assemble 2.74 acres and the loading facility is in the front yard. The reason the loading facility is in the front yard is because they do not have a building in front. Franzen stated that typically in the industrial districts,the parking is in the front and the building is in the middle and the loading is in the back and all the outdoor storage material is in the back. This is a different situation. There is nothing in the City ordinance that precludes a business from having a storage site without a building, but it does preclude them from operating a loading facility on a street front. Franzen stated that the other issue that needs to be looked at with this project is the bigger picture of what this industrial park should be in the future. One approach is to look at this area as a collection of interim but non conforming use and L.G. Everest would fit in with that point of view or eliminate non conforming uses as required by code. The Commission should take a visionary look as to where they see this area in the future and reach a conclusion as to what is the better approach for this property. Franzen stated looking at the long term vision of this property for the City for non-conforming uses, he would be an advocate for conformance. Stoelting opened up the meeting for public input. Cliff Brown, of Dayton Die Cushions at 6330 Industrial Boulevard,which is adjacent to G.L. Everest Transfer Facility, addressed the Commission. He stated that previously they had submitted concerns to the Commission in regards to this business. He stated that earlier that day he met with Blair Burry and they have since cleared up any concerns that Mr. Brown and his company may have had. Stoelting addressed the Commission and requested a discussion on the following topic in the Staff report. On page 4, it states that the current guide plan identifies the site and the surrounding area as industrial and continued industrial use can be acceptable in this location since there is industrial to the west and east of the area. If industrial is an acceptable use then the next discussion point is whether the area should remain as is or should it move towards a development pattern consistent with City code requirements. Stoelting asked the Commission to address these two questions: Is industrial an acceptable use? If it is,then state whether you prefer moving this consistent with City code requirements, which would be conforming. Rocheford stated that industrial is the appropriate mix for this area and does not know where he would start to redefine this area. He stated that if the adjoining neighbor does not have an issue then he does not see an issue with granting a waiver for this project. Stoelting asked Rocheford if he was comfortable with a non-conforming use. Rocheford said he was. Kacher asked Franzen if there were other parcels that are likely to come up in the near future for this kind of discussion, variances to be requested, or changes anticipated in the area. Franzen stated that it would be too costly for owners to make conforming additions to buildings in this area. Every site would have to go through a variance process and no one has been willing to come forward for a variance because of the degree of variance that would be asked for.Non conforming land owners don't want to ask for variances because cities typically require the existing sites to meet code requirements which add costs beyond a building addition. The sites are so small that they cannot meet all of the requirements and that is probably why the sites stay the way they are. Franzen stated that if a decision is made tonight to grant a variance for a non-conforming lot then a pattern is established that this will be a non-conforming area for an indefinite time period. Franzen stated that the City does not have the financial resources to aggregate the property and turn it over to another use, so the City relies on the private sector to accomplish redevelopment. Kacher stated that industrial usage is acceptable for this area. Kirk stated that industrial usage is acceptable in the area and is consistent with the long term plan. He also commented that it would be nice to bring this facility into conformance. Koenig stated that she does not have too much more to add than what has already been said. She stated that at this point in time she is comfortable with the non-conforming use and at some point in time if the City wanted to look at the zoning change, the land would have to be kept at its current state so that the relative value would not go up very much. Stoltz said that he does not have a problem with it being industrial now but is concerned that if the Commission agrees to this project, he questions when the opportunity would come up in the future to change this area to conforming. Franzen stated that this area is the oldest industrial area in town and because of that; they are the last places to redevelop. Stoltz asked Franzen if he sees any change to the area within the next 20 years. Franzen stated that he does not see anything in the area until the Charlson property, south of the airport is completed, so the time frame could be between 5 to 10 years. Stoltz asked that if the project is accepted,would it change the time line. Franzen stated that one decision by itself would not affect the time line but it would give an indication to other businesses in the area that the City maybe willing to look at other exception to the non- conforming status of the property if those businesses wanted to expand the uses. Stoltz stated that he is not excited about the project but would not push it either. Stoelting stated that based on the previous discussion, he is comfortable with industrial use and tends to agree that approval of this non-conforming use does not necessarily jeopardize someone who, in the future might want to come and purchase several properties to attempt to make them conforming for some future use. Having said that, Stoelting wanted the Commission to address two other issues,which are the waivers associated with this request. He stated that if the Members were comfortable with the industrial use and the non-conforming nature of the property, this project has two waiver requests. The loading facility is located on a street frontage and requires a waiver and the preliminary plat combines two existing lots to create 2.74 acre lot, this is a waiver from city code. Stoelting asked Franzen to address these waivers. Franzen stated that the I-general zoning district has a 5 acre minimum lot size. The reason for this is because the City permits outdoor storage of raw materials, and site needs to be large enough to provide room for screening. He stated that they are asking for a waiver from that requirement down to 2.74 acres, which would be 2.26 acres short of the minimum lot size requirement. Stoelting asked if it was really the issue of the non-conformance;the lot size. Franzen stated it is both lot size and loading in the front yard. Franzen stated that the Commission should consider under what conditions to grant the waiver. The code requires screening of the outdoor materials. Franzen stated that if all of the other sites conformed in the future and this site was still there, the visual impacts of the stock piles would be mitigated by screening and this would be one reason to grant the waiver. Stoelting asked if the Commission were comfortable having the loading facility located right off of the street frontage and granting that waiver. Kacher said he was comfortable with that, as did the other Commission Members. MOTION by Kacher, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Kacher, seconded by Kirk, to approve the request for a Planned Unit Development Concept Review on 2.74 acres; Planned Unit Development District Review with waivers on 2.74 acres; Zoning District Amendment in the I-General District on 2.74 acres; and Preliminary Plat of 2.74 acres into 1 lot, based on plans dated May 6, 2005, subject to the recommendations of the staff report dated May 6, 2005,to the City Council. Motion carried 6-0. CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B. Community Development/Planning Janet Jeremiah McCall Bluff Subdivision Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.89 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural District on 4.89 acres; and • Adopt the Resolution for Preliminary Plat on 4.89 acres into 2 lots and l outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a continued item from the June 7, 2005 meeting in order for the applicant to provide information indicating there would be access to both the existing and proposed lot across property owner by Turnbull to the west of the site. The attached opinion letter from Thomas L. Owens dated June 15, 2005 (attorney for McCall) that the neither the terms of the easement or subsequent instrument evidence any intention to limit the benefit, use, manner of use, or scope of the easement. In the event of litigation it is likely that the owner of the McCall Property would prevail over the owner of the Turnbull Parcel. This is a preliminary plat in the Rural zoning district of 4.89 acres into two lots. Waivers are required for lot size, lot dimension and setbacks. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project to the City Council at the April 11, 2005. Background Information The project requires the following waivers. Code Lot 1 Lot 2 10 acres 1.1 acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet side setback 50 feet 7 feet 15 feet side setback 100 feet 61 feet 15 100 foot frontage public street 0 feet 0 feet The property could develop when sewer and water is available in the future and no waivers would be required. By granting the waivers now, the City receives 2.31 acres of land dedication and .89 acres of conservation easement. The percentage of land to be dedicated to the City and protected by conservation easement is similar to the approval for the Grootwassink subdivision to the east of this property. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Staff Report April 8, 2005 4. Location Map 5. Zoning Map 6. Land Use Map 7. Planning Commission Minutes April 11, 2005 8. Letter from Thomas L. Owen dated June 15, 2005 9. Easement for Driveway dated April 28, 2005 by Anderson Engineering MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MCCALL BLUFF FOR MCCALL CONSTRUCTION COMPANY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 11, 2005, on McCall Bluff Addition by McCall Construction Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 21, 2005. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. McCall Bluff Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 21, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission April 11, 2005. ADOPTED by the City Council of the City of Eden Prairie this 21"day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept-Legal Description: The West 225.0 feet of the Southwest Quarter(SW'/4)of the Southwest Quarter(SW'/4)of Section 29, Township 116 North,Range 22,Hennepin County,Minnesota, lying northerly of the northerly right of way line of State Highway No. 169-212.Together with an easement for road purposes over the South 33.0 feet of the North 66.0 feet of the Southeast Quarter(SE '/4)of the Southeast Quarter (SE'/4)of Section 30,Township 116 North,Range 22,lying Easterly of the Town Road(Dell Road). MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MCCALL BLUFF ADDITION FOR MCCALL CONSTRUCTION COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of McCall Bluff stamp dated June 21, 2005, and consisting of 4.89 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21St day of June, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: April 8, 2005 SUBJECT: McCall Bluff Addition APPLICANT/ Jeff McCall OWNER: Jeff McCall LOCATION: 9997 Dell Road l. Planned Unit Development Concept Review on 4.89 acres. 2. Planned Unit Development District Review and Zoning District Amendment in he Rural Zoning District on 4.89 acres. 3. Preliminary Plat of 4.89 acres into 2 lots. Staff Report— McCall Bluff Addition April 8,2005 BACKGROUND This site is zoned Rural. The site is guided low density residential for up to 2.5 units per acre. Both houses are inside the MUSA Line. Sewer and water is not adjacent to the site but may be served in the future. PRELIMINARY PLAT The plan is to subdivide 4.89 acres into two lots. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers. Code Lot 1 Lot 2 10 acres 1.1 acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet side setback 50 feet 7 feet 15 feet side setback 1.00 feet 61 feet 15 The property could develop when sewer and water is available in the future and no waivers would be required.By granting the waivers now,the City receives 2.31 acres of land dedication and.89 acres of conservation easement. The percentage of land to be dedicated to the City and protected by conservation easement is similar to the approval for the Grootwassink subdivision to the east of this property. TREES There are 52 inches of significant trees on the proposed lots. The required tree replacement is 69 inches. Since there is a large quantity of significant trees that will be saved in the land dedicated to the City, and the area protected by conservation easement the staff recommends that the tree replacement requirement be waived. SUMMARY 2 Staff Report— McCall Bluff Addition April 8,2005 The approval of the subdivision and the granting of the waivers will protect approximately 3.16 acres of the 4.89 acres site. This limits the number of homes on the bluff, reducing the visual impact and saving trees and slopes from impact in the future. The Planning Commission should discuss the following questions. 1. Should the land be subdivided now or wait until sewer and water is available? 2. Does the City benefit from granting the waivers? 3. Are the trees and slopes best protected with the two lot subdivision? STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 4.89 acres. • Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres. • Preliminary Plat of 4.89 acres into 2 lots. This is based on plans dated stamp dated April 11, 2005, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property,the proponent shall pay the cash park fees. 4. The following waivers are granted as part of the PUD. Code Lot 1 Lot 2 10 acres L I acres 1.21 acres 300 foot width 140 feet 85 feet front setback 50 feet 30 feet 45 feet 3 Staff Resort— McCall Bluff Addition April 8,2005 side setback 50 feet 7 feet 15 feet side setback 100 feet 61 feet 15 4 Area Location Ma - McCall Bluff Address: 9997 Dell Road --------------- ^��\ Dell Road �I r— i w F y Flying Cloud Drive(212) Lake Riley N �� No Scale Cali Bluff Addition Zoning J Cell Read w zaz Flying Claud Drive(212) Zia 3 � CjA.� fA -,a a�.2A-«are. 9horeland Management Classifications E=Ra.+.a x remrk-°a. s�mn. r,_ P-,-s.r sk W. 170 Natural Environment Waters ' .. rt,-zz ;---1 [0 Recreational Development Waters n4-.435 rffi General Development Waters(Creeks Only) 3a�-9E OAr.F®rig- SDt1 si mn, t4'a4ar �a�.s r,�ct=ap�azur��msk (��§i;�ai-tivar 1{}0- Year Flcaodttlain W2.5 ww3 r f "1Z U,PA rhk.^czeu L'7TYI -- �. ] _ Nrghway#3 tz West of County(toad 94 is Gropes.rot constructed at it s In*, +.ttskxoo w�+marc+s+ tip amen,_!ttwmjoh Ordinance 032-:2ag Ordnance#33-2too t(aO Addition)appraved,.but not shown on Ns map BOWn �gsySxfY a•c� I 1 1 Qatar DecQmdaer37.zoos Re Sr�vee rtia - F{e.�:wn:F G+'%AaMrGal. an eK+M.aaaet�.+w'_�+.wiw�t a�saW aw�i+&gun asf»�x:'4^+b.�t Ltfwr+:. c•M wfsn.,nNY.kNfhxc�Meww ke�iEbn wain Ciyf eeiNWSMd. i AdditionMcCall Bluff Land Use Map ! � . ' Fr t 1 t l' Dell Road f _ i qq S .�> Flying Claud Drive(21 } yF 5 o- j Low Density Residential 0-2.5 4Un is Acre - Regional Commercial _=Prirrcip+rL f rial Low Density.'Puhiic!Open Space Par6xpc—n solace A Minor Arterial � Mie'di n Der,,s}'residential 2.5.-10 Units Acre Public=Quasi-Pti';lic ArIeriai ;s !Aedtum Uenssiy R.tsidentiaVOftice ChurcW Cemetar� °® major collector Hgh Dersity Resid..ntial 1 -40 UnitsAcre j Open 1Ma,,,,er Mi,r Oar collector F + Office �i Right-Of-Way Qificcdndustriai Vetrapolitsn Urban Sere'ite Line(NIUSA) o fie F'.ab it ripen Space Creeks DATE f pp—ea 03_1v-0 a •� Indus'nal =Airport Boundary DAT E R'.t_-d hi OT"5 I Neigi`odl ood Comnieroial _�Corrtrrtu-iiiy COrtirt:.'_+rciat Approved Planning Commission Minutes—April 11,2005 MCCALL BLUFF(2005-12) by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres, and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road. Jeff McCall, 3920 Hillcrest Way, Deephaven, is the owner of the subject property at 9997 Dell Road. He stated he is asking for waivers in order to split the top of the bluff into two lots in exchange for dedicating the bottom half of the lot to the City and also adding a conservation easement. Mr.McCall illustrated his plan using the overhead projector. He stated that this plan is keeping with the Grootwassik subdivision, which was approved a year ago. Nelson asked Franzen to review the staff report. Franzen stated the philosophical discussion taking place is to decide if it is better to wait until sewer and water comes into the area before the subdivision takes place or does the City grant the waivers in order to obtain the land to preserve the bluff. Last year the Commission and Council did this debate with the Grootwassink subdivision and the thought was that if the City did grant the waivers and did get a considerable portion of land and dedication of conservation easements that the City could preserve the character and the look and feel of the bluff. The waivers in this current proposal are basically the same as the Grootwassink proposal. Franzen stated that the percent of land that is in easement and the amount that is in dedication are very consistent with the parcel that is over to the east. The staff recommends approval, including the waivers that are listed on the last page of the staff report. Kacher asked Franzen when the Commission had talked about this property previously. Franzen stated it was a year ago. Kacher stated that the reason he is asking if this was the same property or area that they talked about previously is that he is concerned with what the impact of that discussion would be on similar areas, and what would be the response of the City and also what potential problems would that create. Franzen stated that it would have to be looked at in a very similar manner. He stated that if the City states that a fair trade is to grant waivers in exchange for dedication of land, it should not matter whether that land is a bluff, lake, creek or wetland; as long as it is something that our City deems to be an important physical feature for the City. Kacher asked what would be the potential impact for sewer and water in that area. Franzen stated that if would be some time out before the City gets sewer and water to this area. Gray stated that he could confirm Franzen's observation that the City is some distance away from providing utilities around Dell Road and Turnbull Road. The time frame for Dell Road would be 4-10 years, unless something comes along to accelerate that. He stated it is very expensive to bring sewer and water to those areas. Nelson opened up the meeting for public input. Mike Brandvold, 5382 Mason Points, civil engineer for the project, said that he just wanted to thank the City for their time and support in regards to this project. Robert Grootwassink, 15382 Mason Pointe, had some questions in regards to the lot that is to be subdivided. He asked how many feet each lot was going to be and what would the setbacks be that would be next to his property, and finally what type of houses would be built. Mr. McCall stated that the lot is 85 feet wide, and the side setbacks are 15 feet on each side to allow a 55 foot wide home. He stated that the home would be a higher end home; a 5,000 to 6,000 square foot home with a three car garage. Mr. Grootwassink stated that he is opposed to an 85 foot lot because it is much narrower than the other lots in the area. Mr. McCall stated that on the 5 acres there is an existing home that the present lot is 225 feet across the bluffs and to subdivide this lot,they came up with an 85 foot lot. Nelson asked if the lot was 1.25 acres. Mr. McCall confirmed that it was. Nelson asked the Commission members if the land should be subdivided now or when sewer and water are available and does the City benefit from granting the waivers. Are the trees and slopes best protected with this two lot subdivision. She also reaffirmed that there is an outlot A on the bluff which would be donated to the City. Kacher stated that the City does have a right to bring in sewer and water to the area. He stated that in this particular case there have been exceptions in that area and that the builder has the logical rational for asking for the waiver. Kacher would also like to see this issue resolved between the builder and the neighbor. Sutherland asked Franzen about the item under PUD waivers on the first page of the staff report, stating that the property could be developed when sewer and water is available in the future and no waivers would be required. Sutherland asked that when it said, "no waivers", does that include the entire list of waivers that appear above that in the staff report. Franzen said yes, and that the property would be rezoned to the normal single family zoning district. Sutherland asked what the setbacks would be on that and Franzen responded by stating it would be a 10 foot minimum and a 25 foot combined. Koenig stated to Franzen that the City is getting a substantial amount of land with the proposal and asked if it would be advantageous for the City to work with the developer before sewer and water is put in. Franzen stated that it is a good deal for the City and he doubts in the future if the City would end up with the same amount of land protected through dedication and conservation easements. Stoltz stated that it was a good project but asked Mr. McCall if he had talked with both neighbors one on one. Mr. McCall stated that he did not speak with Mr. Grootwassink. Stoltz stated he would like to see this proposal put on hold until Mr. McCall can speak with Mr. Grootwassink. Seymour stated that this project would be good for the City. Sutherland stated that he also thinks this is a good project, but agrees with Stoltz that Mr. McCall should speak with Mr. Grootwassink. Koenig stated that the neighbors should agree with the project before it moves forward. Kacher asked Mr. Grootwassink if he was comfortable moving ahead with the project. Mr. Grootwassink stated he did not agree with putting a home on an 85 foot lot. Mr. Grootwassink asked the Staff to explain the notice about the walking trail and the bike path. Fox responded by stating that they sent letters up to the Riley Creek Corridor and that this would not affect Mr. Grootwassink's property. Franzen asked Mr. Grootwassink if he was asking for a change in the conservation easement on his lot. Mr. Grootwassink responded yes. Franzen explained to the commission that an action to change the conditions of a previous agreement requires a public hearing and cannot be acted on at this meeting. Mr. Grootwassink stated he was comfortable moving ahead with the McCall project. MOTION by Sutherland, seconded by Koenig,to close the public hearing. Motion carried 7-0. MOTION by Sutherland, seconded by Koenig, to approve a request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit development District Review with waivers on 4.89 acres;Zoning District Amendment in the Rural Zoning District on 4.89 acres; and Preliminary Plat of 4.89 acres into 2 lots, based on plans dated April 8, 2005, subject to the recommendations of the staff report dated April 8, 2005, to the City Council. Motion carried 7-0. -:,X 612 349 5230 F¢j002 THOMAS L. OWENS AT-cRNK"'AT'-AV,.' 900 C;S CENTER 80 SOU i I GPI-I'I ST9EE'1' MINNEAPO !LIS. MN 55402 TEL([ 1_)349.5280 FAX(E.1 2' 349.5230 FM -Lou;i ".aw?Ao•._Cora Jur"e 1_5, 2005 = a?d F. RoSow Rosow, Nilan 9 Park Building =3 Third Avenue South ---eapoli s, MN 55402 My Client/Applicant. : Jeffrey S. McCall Your Client: City of Eden Prairie Matter: Preliminar} Plat of McCall Bluff Property: 9997 Dell Load - _lir. Rosow: My client has applied tr. the City for approval of a Planned -. Development, a Zoning I:,'-strict Amendment and a plat- . A has arisen regardinc: =ccess to a new rr_sidential lot to ". -.. -ed by the plat . The land owned by my cl<ent and to he platted as McCall is legally described a-c f_"llows (the "McCall Property") : The West 225 .0 feel: of the SW1/ of the SWl/, of Section 29, Township 116, Flange 22, lying Northerly of the Northerly right of way line of State E=ighway No. 169- 212 .. T^e McCall Property i ; benefited b- ari easement (the created in the Waranty Deed by John A. Turnbull and J. Turnbull to Stever: gee Turnbull and Gail Ann Pratt =_:_-nbull dated June 22, 1.97 ' , and filed o)l June 27, 1977, as >>wTent No. 4294580 (the " 1977 Deed") . Th! terms of the = e-.ent are as follows : FAX 612 349 5230 Q 003 _. -._-d F. Rosow =_ . 2005 Together with an easement for road p--irposes over the South 33 ..0 feet of the North 66 . 0 feet of the Southeast E/ of the Southeast 3/ of Sec: i.on 30, Township 116, Range 22, lyi -iq easterly of the Town Road (Dell Road) . McCall Property is :_aiproved with an existing single- home built in about: 1977. The plat: of McCall Bluff the McCall Property into three parce:Ls: Lots 1 and 2, -z�c : 1, and Outlot A. The existing home lies within proposed =;�t 1 . Proposed Lot 2 is an unimproved parcE!1 which will be -=.rketed and sold as the Eil:e for a new single-family home. t A will be conveyed to the City for bluff preservation. The Easement burdens sz entire parcel owned by John A. =_t.-r-lbull, with an address of 11,10G1 Dell Road (PID NO, 30-116-22-- -0r'03) (the "Turnbull Propt,x-:y") . The Turnbull Property is 33 .de and approximately :OG feet long, eaxte:-iding between the =r line of the McCall :,roperty and Dell R,:�ad. Mr. Turnbull =ormer wife in 1965 acquired the entire SWl/ of the SW14 �- Section 29 lying nort- er•ly of the hi.girilaay, comprising ouroximately 29. 5 acres.. '.he Turnbull Property is the only e.l he still owns from tha.:� larger tract . T^e City has received a, Letter from an attorney for Mr. :rnbull claiming that the Easement created in. the 1977 Deed 2_refits only the existing hrm=: on the McCall Property, and that wlient "cannot legally grant access over sa-L'd road to any :Off portion of his pror :'rty. n =n preparing this opinir i, I have -reviel,red: A. The Abstract of 'Iitle to the McCall Property, :_-._s`ing of entries 1 thrci.gl- 163, and last c(_rtified by R. J. Abstract, LLC, to Aptil 7, 2004 . B. An Owner' s Policy ;)f Title Insurance issued by Burnet =e, as agent for Lawyers Title Insurance Co,poration, Policy 7^ 204-28811, dated May 14, 2004, insuring Jeffrey S. McCa.11 -._ of the McCall Propez _y. An Owners and En cut-0-b._ar_ces Report co%-cr:i.ng the McCall -opexty by Executive Title, Inc. , with an effective date of �� I 24, 2005. `.AX 612 349 5230 1A 004 F . Rosow _ 20 IV'5 D. Such documents in tr_e chain of -itle to the McCall :^re~ty as I have deemed rf�levant to evaluating the scope of E. Relevant Minnesota crselaw and re Levant provisions of Restatement Third, Property 0,.Ervitudes) . Information availakle on the Hennepin County Property database. Based on the foregoing, t is my opinior. that. : The Easement is unllniited in duration and scope and is -ant to the entire McC.:.13 Property. 2 . The Easement also :-erief its additional and substantial -.!�reage to the East. of the Mcc i l Property. Neither the terms o:: --he Easement nor the terms of any instrument in th= chain of title to the McCall "^perty evidence any int'er.t_cn to limit the benefit, use, :=_-ner of use or scope of the Easement. 4. The Turnbull Prope_tt, is an his=oric anomaly -- a a-dard lot (approximatr.-ly 6, 9oo square feet in area) :' ­_a.tc-d before the City' s ZL:nAi?g Code established minimum lot izes and having no known or =r)reseeable use other than to serve -= a. roadway for access from ct.:rer land to a public street .. The owner of the Tu:-nlbull Parcel has no responsibility _ntenance or repair of the Easement . 6. There is no Minnesota caselaw direct.Lw on point . In. v. Strom, 156 Minn. 155, 158, 194 N.W. 333 (1923) , the -.. . .'�� Supreme Court approvingly cited the following t_on from Corpus Jur:is: " 'Accordingly =_t right of way is appurtenant to an e:;tate is appurtenant to every part cf it, no matter into how mai!y parts it may be subdivided, and -_r-res to the benefit c 7 ;ill of the own_::_s of all the . . _ i er_s so situated that it can be used. ' " This is the most. statement by a Minneso a appellate court _tirectly related the validity of easement tights after subci_vision of the e ited land. "^ F X 612 349 3230 Zoo.) -.:_chard F - ROsow - . 2005 ?. The excerpts fz »I Restatement Phird, Property __--odes) attached heret(: as Exhibit z irc-ticate that the Increase in use of the Easement which woL.ld result from a .e on Lot 2 should not _)E. legally objectionable. B. 2n the event of litigation reclardi.,ag use of the -.sement by two homes on the Ni-Call Propert)r, i t is likely that per of the McCall Propc u-y would prevail over the owner of -....:-:.'Dull Parcel. Yours very tr_i.l.y, ZVas b. as _ . Jeffrey S. McCall 512 349 5230 Q 006 EXHIBIT A 7 CERPTS FROM RESTATEMENT 'THIRD, PROPERTY (SERVITUDES) g.._0 Use Right Conferred by a Servitude Except as limited by the terms of the servitude �7e`ermi.ned under § 4.1, the holder of ail easement or profit aw ; defined in § 1.2 is entitled to use the servient estate n a manner that is reasonably necessary for the convenient enjoyment of the servitude. The manner, frequency, and .:-.tensity of the use may change over time to take advantage developments in teck.nalogy and to accommodate normal :svelopment of the dominant estate or enterprise benefited by the servitude. Unless authorized by the terms of the servitude, the holder is nat entitled to cause unreasonable damage to the servient e:state or interfere unreasonably with its enjoyment. -. -- ... ._.•_ions: 14 . 0, the owner of 3lackacre, conveyed a 60-foot- -a_de easement to Able, the oliner of Whi teacre, a 40-acre parcel undeveloped property in a rural area close to the suburbs of -;a-or city. Ten years late_ Whiteacre was subdivided into 160 _he developer plans t.s improve the easement to provide access to the subdiv_sion. In the absence of other facts ^circumstances, the easea.�!nt can be improved to serve the -.*a-ivision because the chan:le from rural to suburban is normal and the width of the easement suggests that a _.�.a' increase in use w=Ls contemplated by the parties. _ 09:47 RNDERSON ENGINEERING 7E.33B3-1089 ? 9529,19B392 NO.795 P02 _ PRQJECTNO I J U _. SHEE!__OF _� jEaNGINEER•IN•G of Minnesota, PFtOJECT NAME.� +t 'L ENGINEERING & LAND SURVEYING LJ 7,fr- ev Avenue North Tel:(763)383-1084 SUBJECT -ky-& -- - ~ovtn_MN 55441 Fax: (763)383-1039 CHECKED BY DATE_ JPAO 1 , r 1 , � bRtU�- g f .. r 56 U A > 1 u.NG V3A�R.Stk 1�11 11xvV Tr GZt� k��y,?4,i} ti ��suw "[4tnbu�l ttt l Io - gs7(Zi} (I:A-f1*'- N Aax-viE 4lt=r 15' '71 09:47 ANDEP.SON ENG I NEEP.I NG 7E.3383-1(189 = 9529�198392 N0.796 D03 - :asp.. j- ^,f Rleeaal 1 95''4760582 p• ? -.—... . - - tMO Call MAX "f(L I.awo .ter 'Yurnbull and Warranty Deed -urnbull, Dated June 22 , 1977 _�•� and +aiie Piled June 27, 1977 v0 N4294580 Steven Lee _Turnbull Cotlsicteration $5,000 ,00 -, OGS 1l Ann`Pratt" The West 225 .0 feet of the tea husband Southwest 1/4 of the Southwest 1/4 _ e of Section 29 , Township 116. ' Range 22 , Iiennepip County, Minnesota, Lying, northerly of :eor'tberl.y right of way line of Utrate I;i,ghwray- Mo • 169-•?12- Sub,je?et a,T� easement for road purposes over the North 33 .0 feet thereof, and -- 2 to an ea5cme:nt for road purpose, over the South 33.0 rNeC or Gt�r_ feet of the West 100. A feet thereof . Together kith an cra.emcnt purposes over the south 33'• 0 feet of the Nortb 66.0 fact of t�^ ;.east 1(k of the Southwest 1/4 of .S'ecti.on 30 , Township 116, RnP--9C , grinK ean£erly of the Town Road (Dell Road) . t as a need Tax Stamp $11.00 eX01 For 1976 and prior years paid,90, first 1/2 paid cecond I/2 sot I: ai�� Sri Mch for 1977 , amount $3 ,530 . , Tract. (Base Tax Amount 63,530.90) en paczment Tract. :_rant a1:so cover other land . ) in name of Turnbull., as !:omcutesd; net #56729 . ►'aree� ff34C�0 , Parcel #56730, I}arcel #806?. , B&n.en.ent 'tract . = rications by Title Inourance Company of Minnesota cover recol'05 xn ci�5r of Deeds ' Office rsc to Federal Interned. Revenue Lien Kot rgtn. Income and Snheritance 7'ax Licn Notices - Also probate or compcteney proceeding, iu the irr�iexes to gstates or pece�cctl person .. Werdz in the office Of the Clerk of Probatc Court. 7r%e; ,cncnt and Bankruptcy E;carch sec CertifiCatc :itta.chcd_ 5 �w 09:4? ANDERSON ENG I WER I NG ?E,3383-1089 = 9529�198:392 No.796 D04 _- jL mccal L 9S�' 6p582 F I'' r` r^. t< is i» UK— Zug! DEC 28 Ph l= 53 DEC 18 2001 „763-1EiO% HENNEON OUJMV tuttMd. 7F� co.REt cr'St Ue A U DRNEWAY EASEMENT Anted: QecetnDeT 27, 20Q1 Dattew ALL MEN l27 'C 01 ppXSl�'TS,that Archie J.Zahler and iulitisma lvl ZabTer,husband and wife,(hereafter called"pwncrs�far a good and valuable consideration,the receipt whereof is hereby acknowledged,do hereby gram unto larncs ^. lusi leir and Beverley F.Zahlcr and to tltcir successors or assigns a�anthx Coune for driveway purposes upon the lands of the,�cr 3inmIe`rJ in the ourfty of more Particularly described as follows: The Q South Hennepin. State ofMinnesota, and et 33 o fe of the Nort eaea h 66.0 feet of the Southst QQvarter(Sa'/°)of the Southeast uar er' tSE 1/4)of Section 30,Townshiip 216,Range 22, lying Easterly oi'the Town Road (deli /� l Roar!)and North 33 feet of the West Southwest feet 'of Sccdonb29'Y'ownsh poi of West I6-RAr g 22. <Du feet of Southwest V*of the Sou _ The CA=tee shall share inn the cyst ofmaiNaining said road emnwnt by paying 113 of the cost ofsaid maintenance as provided for in the Maintenance Almment dated September 27, 1991 fried October 3, 199 t its Document No. 5831306, office of the cctrnty Recorder,Hennepin Cnanty,M'um=t ot•a- c'TESTxMONY VlIXEMOF,G ntor l)as hereunto sei its hand the day and year first above written. ao- G TOl o/ Asc re 1. Mahler Ja is M. ahler S T ATE OF MN � )ss. COUNTY OF CARVER) The foregoing instrument was pdawwtedged baforc me thus ZZ:ft-., dey Of� ad 2:0_1 by Archie I Zahler and Juliana M T..ehier,husband and wife.. 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W.'ro'ax�Yw° .'wx �•x McCALL CONS%UCiION CO. (P.U.D.) 1 OF 2 N . 0 R r H I -�--- -------- , fl 1!I I f ' = __ •r.r.w�� L i i'icv --- _ ---- I� -----'--' lo e74.11'� �' t, 3 t, � I�;�f,•?}`,' ➢3fi:l a�i i't ' /-___�' ' ,I' � ,- ._- _ i �t � Q '.�tt4...'^2��".•'•''S.^-..'"7:5�'.Y.7L���:.�,�,�e \ �f -----•144 i e,f iGZ'V{,' ,c•t '1 Y /�� /.J� , � `-__'vim I T� - � �.......... f� ;j 'L:444.).'�;r t`. •a i'`. '� �/ ai+dct,Fo-s , ,...��... ., r,�+.,'r/f. 1 1`.•.[ ;--`�� ''$F�`aT wr\\\\\\;'. .'\ to i / f`_ - ; 'sF ,r .:.,-•, __ ff _ `�,W '..yyt."."�'.• �;iii,, I/,L :� -'LN'�' i',,i ?;irf/riei/a��'Ya \', 1\ t ;' ,Zan }' i T''i11, •( I t� I t"` .T`-fie. �:•'..M",.93...�.5. .. c �.L - P Y1 a su ' �S_,,__i•?.-. ' t .r..�w�^'S rm.�..; t: '�'er'""..•�o,.. Tti i,r � i r �aDc zn,o,\o¢• i t \ \\� � - _ t\ �? S t�T }I �':ilii�j:��t�,� ''r... � .-- OFLL' ROM) -- � RECOMMENDED ROUSE TWE �f2 . �4 tD D<S[Inta PID aR•DM tl"Ol. o v..a =. S YU W..W,iRpR!t"p.Wit,p+C,aM IaG,Gp,. ..�� • 4ta\DJS" • ntCtaR KIP - .,y ��� wv. R, t Stvn(�unaas.s rater. ' ,xr,rnm ar, a n+D+ws _,—•-ma Cw'.'� T�.. .e.. ,,��'••• •-• - v..,. va,D w n etar traas sP and wu `a W0 —M n.s s'D' —maDa,D was J i'N1rPL r9ul.,DISC a(r.apR,1 D,IC V ailix.6 t'OW,i —fWSY1T Y•.J ••'_,_—•••_ v, .v M.n "^r•v'� My oR.ry es,l 45a-M2 CaCAIJ fat Dr •KA-nt•tw wuc . Rtwo¢Dos mc•aannrtam _ K" D.. ,w ` a.� Anderson Engtncenng oCA[innesota,LLC McCALL BLUFF PRELIMINARY GRADING, *R nD- wO,fMW: at•1[ .IrOl.at:RII,C 160 UDD ,rl•• n, EDEN PRAIRIE, MINNESOTA DRAINAGE, EROSION & °'�"� % asosv.p K,zon O[RO af: Do,attR : ,pn vJ,"iMn a nn,n" n D,R • Cam[ ,-a.,.• ';;a.,,e.,w McCALL CONSTRUCTION CO. UTIUTY PLAN 2 OF 2 i CE t �%—:;-}a.2f„-,�:,„-.•r_—}-`T-�_J 4.�=34",Pt.v�r I "� ,_='fie-r _ �'_':;.✓' { = /II 'Is TURNBULL ROAD (aG .5v^-�,.f_�try-T'�_•�'' .� ^'_a,C..,tea ,.�.5- ,�_ �. -lI1 ----------- ` " l _ _ •\ =lam_•_- �:l�_ ��'�-__�tl( ` '• 73 suRvsY FOR MCCALL CONSTRUCTION COMPANY »� 3.;:.�: . •^. :j.l PROPERTY LOCA110N: 9997 Deg Rood.Eden Protrle,Wnneaota LEGAL OFSCRP110N: , The asset 225.0 feat of the Southwest Ooorter of the Southwest Quarter of Section 29,Township 116 North,Range 22,Hennepin County.Minnesota,lying -_- + - t northerly of the northerly right of way line of State Highway No. 159-212 _ ,r ^r`-------•---�2.------}---1-- 6 Together with an easement for road purposes over the south 33.0 feet of the north 98.0 feet of the Southeast Quarter of the Southeast Quarter of Section / �`, i �'C,� 30, Township 116 North,Range 22.lying easterly of the town road(Deg Road). CERTIFICATION: I hereby codify that this map"a prepared by me or under my direct sup-Aalon and j t 1�I `` -1, 'hot I am a duly Licensed Land Surveyor under the laws of the Slate of Minnesota I 6 Ooled: February 15, 2005 Anderson Engineering of Minnesota,LLC f , by: Jack Balks 1 MM License neaato No 20281 1 NOTES: i � f 1 The beorblg eyotem le bosed on the wool line of the Southwest Quarter of i - 1 the Southwest Quarter of Seellon 29.which Is assumed to how a bearing r of Nerlh 00 degrees 19 minutes 38 seconds West I 1 / A 1 1 ( 1 1 I f { I �y 1 G'i r1, 41wtA _ M�W.r N s STATE 1rIGIfa/' �~ W E f rsynye as T� 21z 4 Aar S n o^ � ` ' �•-- 1 rm i Anderson Engineering of'Minnesota,LLC C i Y 1 L E N a I N E E R I N C A N D L A N D S O R Y E Y I N C sue.-I 134N Ibth AV13=No;=MUM M PLTNaa11L WN 66461 TEL 1]ea)36s,M4 PAX(792)=-I*" Brian M. Olsen Law Office Tower Center Mall Attorney at Law Telephone P.O. Box 988 BRIAN M. OLSEN (320)286-2173 Cokato,MN 55321 Facsimile(320)286-2174 June 21, 2005 City of Eden Prairie Council and Planning Commission Eden Prairie, MN Re: Preliminary Plat of McCall Bluff Property Address: 9997 Dell Road My Client: John Turnbull Dear City Council and Planning Commission: Just today my client, John Turnbull, was given a letter dated June 15, 2005 from Attorney Thomas L. Owens to City Attorney Richard F. Rosow containing certain allegations regarding the preliminary plat of McCall Bluff. I have not had an opportunity to review the abstract of title on the property as of the dictation of this letter. However, several statements made by Attorney Owens are inappropriate, and just plain incorrect. properties consistent) over i M client has restricted access over his private road to the ro y Y P p p these last forty years. He has offered the road for sale to Mr. McCall or the public. However, in our opinion, Mr. McCall is trying to get for nothing the land which is owned by my client. My client is perfectly within his right to permit access over his road to the persons he has specifically given permission to. This does not include proposed future owners of any additional lots added in"McCall Bluff'. The only way that your body can give credit to the opinion of Attorney Owens dated June 15, 2005 is to have a valid judgment of the Hennepin County District Court to that effect, is not currently in place. City of Eden Prairie Council and Planning Commission Re: Preliminary Plat of McCall Bluff June 21, 2005 Page 2 If quiet title action was commenced by McCall or his counsel it would be vigorously opposed by my client and require mutual determination after an appropriate evidentiary hearing and discovery period. That is why my client stands opposed to the preliminary plat of McCall Bluff, and to the meeting tonight after having been sprung on them the letter from Attorney Owens dated June 15, 2005 just this afternoon. We respectfully request a continuance of said hearing. ery Truly Yours, Brian M. Olsen BMO;dw Cc: Mr. John Turnbull CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: 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 141769 - 142226 Wire Transfers 2253 -2262 City of Eden Prairie Council Check Summary 6/21/2005 Division Amount Division Amount General 37,888 509 CIP Fund 60,556 100 City Manager 1,039 511 Construction Fund 398,576 101 Legislative 2,759 512 CIP Trails 85 104 Contingency 963 513 CIP Pavement Management 1,440 110 City Clerk 372 515 Fire Station#4 43,053 III Customer Service 7,934 601 Prairie Village Liquor 65,050 112 Human Resources 1,741 602 Den Road Liquor 114,352 113 Communication Services 8,095 603 Prairie View Liquor 59,144 114 Benefits&Training 8,049 605 Den Road Building 3,147 115 Risk Management 6,402 701 Water Fund 75,220 116 Facilities 77,230 702 Sewer Fund 195,212 117 City Center 52,035 703 Storm Drainage Fund 12,655 130 Assessing 480 803 Escrow Fund 75,000 131 Finance 3,676 806 SAC Agency Fund 26,100 132 Social Services 29 807 Benefits Fund 270,422 133 Community Development 3,630 135 Information Technology 72,439 Report Totals 2,358,381 136 Wireless Communication 4,139 137 Economic Development 37 150 Park Administration 16,977 151 Park Maintenance 19,445 153 Athletic Programs 4,644 154 Community Center 3,505 155 Beaches 1,125 156 Youth Programs 7,149 157 Special Events 61 158 Senior Center 2,106 159 Recreation Administration 1,793 160 Therapeutic Recreation 1,048 161 Oak Point Pool 6 162 Arts 3,291 163 Outdoor Center 3,870 164 Park Rental Facilities 345 180 Police 18,900 183 Civil Defense 9,182 184 Fire 22,446 185 Animal Control 500 186 Inspections 118 200 Engineering 465 201 Street Maintenance 13,234 202 Street Lighting 1,298 203 Fleet Services 58,537 204 Equipment Revolving 24,076 301 CDBG 2,754 303 Cemetary Operation 665 304 Senior Board 33 308 E-911 1,481 314 Liquor Compliance 83 315 Economic Development 21,684 316 WAFTA 820 416 Certificate Debt Fund 6,700 417 $3,390,000 Facility Bond 2000 68,750 426 G.O.Equip Cert.2004B-Pumper 123,626 502 Park Development 10,051 503 Utility Improvement 24,941 506 Improvment Bonds 1996 154,764 507 Construction Fund 38,959 City of Eden Prairie Council Check Register 6/21/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2253 18,678 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2254 27,481 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2255 139,086 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2256 6,700 ANCHOR BANK Interest $1,000,000 G.O.Bonds-2002A 2257 15,626 ANCHOR BANK Principal G.O.Equip.Cert.200413-Pumper 2258 108,000 ANCHOR BANK Interest G.O.Equip.Cert.200413-Pumper 2259 68,750 NATIONAL CITY BANK Paying Agent $3,390,000 Facility Bond 2000 2260 15,776 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2261 10,220 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2262 76,102 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 141769 140 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 141770 260 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 141771 163 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 141772 209 CONSTRUCTION BULLETIN Dues&Subscriptions Engineering 141773 50 DAVEY,TALITHA Refunds Environmental Education 141774 100 DEINHART,JOHN Refunds Environmental Education 141775 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration 141776 256 ENSTAD,TERRANCE Tuition Reimbursement/School In Service Training 141777 30 FINAL GRADE Plumbing Permits General Fund 141778 100 GLUECK,CHRISTIAN Refunds Environmental Education 141779 35 GRAINGER Small Tools Fleet Services 141780 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 141781 100 JERRY'S ENTERPRISES INC Fire Prevention Permits General Fund 141782 27 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 141783 73 KRESS,CARLA Mileage&Parking Senior Center Administration 141784 650 METROPOLITAN AREA PROMOTIONS C Advertising Den Road Liquor Store 141785 2,122 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 141786 245 PROP United Way Withheld General Fund 141787 330 QWEST Telephone Outdoor Center 141788 1,491 RICHFIELD,CITY OF Autos Police 141789 500 STATE OF MINNESOTA CPV PROGRAM Dues&Subscriptions Fleet Services 141790 273 UNITED WAY United Way Withheld General Fund 141791 100 VARUSHKA,SHARON Refunds Environmental Education 141792 83 WOODLAND STOVE&FRPL'S Mechanical Permits General Fund 141793 231 YAN,LAIYUN Building Permits General Fund 141794 200 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 141795 595 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 141796 170 BEAUCHAMP,JOHN Program Fee Outdoor Center 141797 18 BELVEDERE,GAIL Program Fee Red Hat 141798 60 BJORNOY,LUCINDA Program Fee Summer Skill Development 141799 950 CAMPOS,LORI Instructor Service Outdoor Center 141800 72 CENTERPOINT ENEGY Gas Crestwood Park 141901 267 CHOICE INC Other Contracted Services Prairie Village Liquor Store 141802 100 CHRISTIANSEN,ERIC Refunds Environmental Education 141803 288 DALCO Operating Supplies Community Center Maintenance 141804 36 FLYNN,MONICA Memberships Community Center Admin 141806 873 GENUINE PARTS COMPANY Equipment Parts Fleet Services 141807 100 HARRIS,RONALD Refunds Environmental Education 141808 101 J H LARSON COMPANY Supplies-Electrical Public Works/Parks 141809 4,165 KMC TELECOM Telephone General 141810 189 MAROTTA,VIC Instructor Service Spring Skill Development 141811 114 MERICKEL,NANCY Program Fee Summer Skill Development 141812 130 METRO SALES INCORPORATED* Operating Supplies General 141813 480 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 141814 18 MUSTARD MOON INC Events/Admission Fee Cummins House Special Events 141815 621 OFFICE DEPOT CREDIT PLAN Miscellaneous Information Technology 141816 345 PETTY CASH Operating Supplies Preschool Events 141817 3,657 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 141818 225 STAR Dues&Subscriptions Ice Arena Maintenance 141819 65 W E LAHR COMPANY Equipment Parts Fleet Services 141820 144 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 141821 18 BENDA,SANDRA Program Fee Health and Fitness 141822 54 BEST BUY Operating Supplies Fire 141823 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 141824 26 DOVER,RUTH Program Fee Spring Skill Development 141825 336 GREATAMERICA LEASING CORP. Other Rentals General 141826 736 HOESCHEN,CASSEY Video&Photo Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit 141827 641 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 141828 75 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 141829 899 METRO SALES INCORPORATED* Other Rentals General 141830 580 MFSCB Equipment Testing/Cert. Fire 141831 30 MID-CITY MECHANICAL Plumbing Permits General Fund 141832 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 141833 100 OLSON,EVERETT Refunds Environmental Education 141834 100 PERKINS,RICHARD Refunds Environmental Education 141835 146 PORTA,KITTY Mileage&Parking City Manager 141836 3,667 QWEST Telephone Sewer Liftstation 141837 705 RATEIKE,MARILYN JANE Other Contracted Services Community Band 141838 10 SCHARF,TERRIE Program Fee Tennis 1.41839 6 SHURSON,VICKI Lessons&Classes Oak Point Lessons 141840 27,324 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology 141841 15 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 141842 144 STORDAHL,SUZANNE Program Fee Summer Skill Development 141843 25 SUPERIOR PRODUCTS MFG CO Operating Supplies Prairie Village Liquor Store 141844 100 SZALKIEWICZ,GARY Refunds Environmental Education 141845 5 TOMPKINS,JAMES Program Fee Trips 141846 100 TRASK,JOHN Refunds Environmental Education 1,41847 212 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 141848 1,458 VOHS,KIM Other Contracted Services Rehab 141849 15,260 XCEL ENERGY Electric Traffic Signals 141850 166 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 141851 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 141852 107 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 141853 5,615 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 141854 300 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store 141855 5,717 DAY DISTRIBUTING Beer Prairie Village Liquor Store 141856 1,919 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 141857 8,083 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 141858 420 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 141859 667 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 141860 98 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 141861 8,225 GRIGGS COOPER&CO Transportation Den Road Liquor Store 141862 1,010 HOHENSTEINS INC Beer Prairie View Liquor Store 141863 18,494 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 141864 254 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 141865 7,900 MARK VII Misc Taxable Prairie Village Liquor Store 141866 356 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 141867 2,109 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 141868 7,672 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 141869 3,121 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 141870 22,253 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 141871 486 SPANISH WINES IMPORTERS Wine Imported Prairie Village Liquor Store 141872 15,866 THORPE DISTRIBUTING Beer Den Road Liquor Store 141873 285 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 141874 2,108 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 141875 733 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 141876 1,017 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 141877 120 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 141878 190 AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning 141879 100 BURKE,ANTHONY Refunds Environmental Education 141880 3,708 C&C EMBROIDERY Clothing&Uniforms Fire 141881 65 FEDEX Equipment Repair&Maint Fleet Services 141882 98 FORSETH,DAN Mileage&Parking Tree Disease 141883 240 GE CAPITAL Other Rentals General 141884 100 GHANDOUR,JAMAL Refunds Environmental Education 141885 1,960 GRAND RAPIDS FIRE CONVERENCE F Conference Expense Emergency Preparedness 141886 66 IMATION IMAX THEATRE Special Event Fees Trips 141887 143 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 141888 30 LEON DUDA PLUMBING Cash Over/Short General Fund 141889 350 MARTIN-MCALLISTER Employment Support Test Human Resources 141890 130 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 141891 25 MINN ASSOC OF CRIMINAL INTELLI Dues&Subscriptions Police 141892 18 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 141893 40 MINNESOTA PRIMA Insurance Risk Management 141894 74 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 141895 100 MORTENSON,JAMES Refiinds Environmental Education 141896 70 O'BRIEN,KARLA Operating Supplies Teen Programs 141897 152 PARTY AMERICA Operating Supplies Special Events&Trips Check# Amount Vendor/Explanation Account Description Business Unit 141898 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 141899 3,940 RIANT PRODUCTIONS Training Supplies In Service Training 141900 650 ROBICHONS THE IN-LINE SKATE SC Instructor Service Spring Skill Development 141901 5,419 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 141902 75,000 STONEGATE LLC Deposits Escrow 141903 22,585 SUPERIOR FORD Autos Police 141904 242 THOMPSON,RANDY Tuition Reimbursement/School Police 141905 28 UPS Postage Fire 141906 1,457 US POSTMASTER-HOPKINS Postage Water Accounting 141907 2,373 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 141908 1,891 XCEL ENERGY Electric Miller Park 141909 69 YOUNG,PHIL Conference Expense City Council 141910 477 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 141911 275 ZIEGLER INC Equipment Parts Fleet Services 141912 600 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 141913 527 ALLMANN,ANDREW Tuition Reimbursement/School In Service Training 141914 90 BOLD,PAULINE Instructor Service Outdoor Center 141915 1,600 CAMPOS,LORI Instructor Service Outdoor Center 141916 3,511 CENTERPOINT ENEGY Gas Fire Station#1 141917 345 CITY HILL FELLOWSHIP Staring Lake Bldg Park Facilities 141918 13,843 ELAN FINANCIAL SERVICES Advertising Finance 141919 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center 141920 80 MCFERRIN,TANYA Instructor Service Outdoor Center 141921 1,100 MEDICINE LAKE TOURS Special Event Fees Trips 141922 833 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Spring Skill Development 141923 5,311 PARK NICOLLET CLINIC Other Contracted Services Risk Management 141924 22 POPULAR PHOTOGRAPHY Dues&Subscriptions Communication Services 141925 1,873 RUND,LISA Tuition Reimbursement/School In Service Training 141926 79 TIME WARNER CABLE Dues&Subscriptions City Council 141927 1,405 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 141928 134 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 141929 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 141930 161 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 141931 4,282 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 141932 509 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 141933 5,001 DAY DISTRIBUTING Beer Prairie Village Liquor Store 141934 3,265 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 141935 10,949 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 141936 32 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 141937 772 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 141938 8,404 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 141940 22,423 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 141941 488 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 141942 8,496 MARK VII Beer Prairie View Liquor Store 141943 966 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 141944 369 MORAN USA,LLC Misc Taxable Den Road Liquor Store 141945 736 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 141946 2,908 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 141947 14,822 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 141948 2,611 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 141949 12,713 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 141950 1,617 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 141951 9,144 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 141952 1,208 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 141953 3,497 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 141954 119 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 141955 309 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 141956 45 ADT SECURITY SERVICES Cash Over/Short General Fund 141957 62 BECKER,BOB Program Fee Summer Skill Development 141958 430 BLOOMINGTON,CITY OF Kennel Services Animal Control 141959 509 CALIFORNIA CAFE MOA Special Event Fees Red Hat 141960 103 CINGULAR WIRELESS Pager&Cell Phone Police 141961 16 COMBS,TINA Program Fee Afternoon Playground 141962 50 CULLIGAN BOTTLED WATER Operating Supplies Fire 141963 122 CULLIGAN-METRO Other Contracted Services Outdoor Center 141964 66 DEGRUSH,STEVE Mileage&Parking Tree Disease 141965 25,193 ELK RIVER FORD Autos Capital Impr./Maint.Fund 141966 83 ENGELMANN,TRACEY Other Contracted Services Liquor Compliance 141967 891 ESBENSEN,GEORGE Training Supplies Fire 141968 100 GOOD NEWS BIG BAND Other Contracted Services Staring Lake Concert 141969 225 GOVERNMENT FINANCE OFFICERS AS Awards Finance Check# Amount Vendor/Explanation Account Description Business Unit 141970 44 HENNEPIN COUNTY TREASURER Operating Supplies Planning 141971 185 HENNEPIN COUNTY TREASURER Operating Supplies Planning 141972 5,622 HENNEPIN COUNTY TREASURER Board of Prisoner Police 141973 3 HUM,BARBARA Program Fee Tennis 141974 478 JANETSKY,BETH Operating Supplies Summer Theatre 141976 575 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 141977 8,613 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 141978 6,778 MINNESOTA STATE TREASURER Building Surcharge General Fund 141979 1,691 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 141980 79 MOTOROLA Equipment Repair&Maint Wireless Communication 141981 100 PAGEL,PAUL Other Contracted Services Staring Lake Concert 141982 52 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 141983 110 QUICKSILVER EXPRESS COURIER Postage Fire 141984 2,488 QWEST Telephone E-911 Program 141985 5 RUTSCHKE,MIKE Lessons&Classes Ice Arena 141986 28 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation 141987 143 SEARS COMMERCIAL ONE Equipment Repair&Maint Park Maintenance 141988 26 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 141989 100 SWANSON,PAUL Other Contracted Services Staring Lake Concert 141990 265 TIME WARNER CABLE Dues&Subscriptions City Council 141991 17 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 141992 561 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 141993 77 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 141994 79 WERTS,SANDY Mileage&Parking Arts 141995 121 WILSON,JOHN D. Mileage&Parking Police 141996 537 A TO Z RENTAL CENTER Other Rentals Purgatory Creek Rec Area 141997 180 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 141998 53 ABM EQUIPMENT AND SUPPLY COMPA Operating Supplies Traffic Signs 141999 103 ACTIVAR Equipment Parts Water Treatment Plant 142000 226 ADOLPHKIEFER Clothing&Uniforms Riley Lake Beach 142001 437 ALLIED VAUGHN Video&Photo Supplies Communication Services 142002 2,977 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 142003 1,826 AMSAN BRISSMAN-KENNEDY Operating Supplies Community Center Maintenance 142004 404 ANCHOR PRINTING COMPANY Printing Communication Services 142005 308 ANDERSON,BRYAN E Other Contracted Services Softball 142006 854 ANDMOR MFG Contract Svcs-Ice Rink Ice Arena Maintenance 142007 138 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 142008 211 AQUA LOGIC INC Contract Svcs-HVAC Pool Maintenance 142009 3,418 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 142010 42 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 142011 588 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 142012 3,201 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 142013 3,003 BENIEK PROPERTY SERVICES INC. Contract Svcs-Lawn Maint. Den Bldg.-CAM 142014 33 BERRY COFFEE COMPANY Operating Supplies Senior Board 142015 15 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 142016 257 BEST&FLANAGAN LLP Other Contracted Services Rehab 142017 133 BIFFS INC Waste Disposal Park Maintenance 142018 1,000 BLIZZARD AIR CONDITIONING&HE Other Contracted Services Rehab 142019 45 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#1 142020 336 BONK,BRADLEY Other Contracted Services Softball 142021 9,391 BOYER TRUCKS Equipment Repair&Maint Fleet Services 142022 58 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 142023 407 BRION,ED Other Contracted Services Softball 142024 198 BROCK ENTERPRISES,INC. Operating Supplies Pool Operations 142025 782 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 142026 51 BURTON EQUIPMENT INC Supplies-General Bldg Police City Center 142027 357 CAMP RIPLEY MESS FUND Other Rentals Police 142028 820 CAMPBELL KNUTSON,P.A. Legal WAFTA 142029 4,846 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 142030 252 CEMSTONE PRODUCTS COMPANY Building Materials Richard T.Anderson Cons.Area 142031 27,176 CENTERPOINT ENEGY Gas City Hall-CAM 142032 163 CENTRAIRE INC Contract Svcs-HVAC Prairie View Liquor Store 142033 1,173 CENTRAL ENVELOPE CORP Printing Communication Services 142034 350 CLIP'N'SAVE INC Advertising Den Road Liquor Store 142035 240 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 142036 455 CONNEY SAFETY PRODUCTS Protective Clothing Water System Maintenance 142038 1,506 CORPORATE EXPRESS Office Supplies General 142039 440 CRESCENDO LEARNING CENTER LLC Instructor Service Preschool Events 142040 244 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Storm Drainage 142041 42 CROWN MARKING INC Operating Supplies Community Development 142042 165 CUSTOM REFRIGERATION INC Contract Svcs-Plumbing Garden Room Repairs Check# Amount Vendor/Explanation Account Description Business Unit 142043 100 CUSTOMER CONTACT SERVICES Other Contracted Services Water Treatment Plant 142044 3,826 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 142045 139 CY'S UNIFORMS Clothing&Uniforms Police 142046 294 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 142047 355 DEALER AUTOMOTIVE SERVICES INC Capital Under$2,000 Fleet Services 142048 86 DELEGARD TOOL CO Equipment Repair&Maint Fleet Services 142049 14,709 DELL Other Hardware Information Technology 142050 148 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 142051 650 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 142052 59 DISPLAY SALES Supplies-General Bldg City Hall-CAM 142053 320 DITCH WITCH OF MINNESOTA INC Other Rentals Street Maintenance 142054 28,286 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 142055 21 EAGLE DRY GOODS Miscellaneous Communication Services 142056 2,493 EARL F ANDERSEN INC Operating Supplies Park Maintenance 142057 225 ECOLAB INC Other Contracted Services Community Center Maintenance 142058 209 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Manager 142059 50 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 142060 5,756 EF JOHNSON Equipment Parts Wireless Communication 142061 6,023 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 142062 14,328 ENVIRONMENTAL PROCESS INC Contract Svcs-General Bldg General Facilities 142063 266 ERIK'S BIKE SHOP Clothing&Uniforms Police 142064 19,846 ESCHELON TELECOM INC Other Contracted Services Telephone 142065 943 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 142066 126 FALCK,TIMOTHY R Other Contracted Services Softball 142067 28 FASTENAL COMPANY Operating Supplies Park Maintenance 142068 175 FASTSIGNS Operating Supplies Riley Lake Beach 142069 253 FEDERAL SIGNAL CORPORATION Capital Under$2,000 Fleet Services 142070 608 FISK,APRIL Other Contracted Services Volleyball 142071 85 FLEET MAINTENANCE INC Equipment Testing/Cert. Fleet Services 142072 259 G&K SERVICES Clothing&Uniforms General Facilities 142073 1,156 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 142074 2,410 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 142075 208 GERTENS Landscape Materials/Supp Park Maintenance 142076 107 GINA MARIAS INC Operating Supplies Fire 142077 3,590 GME CONSULTANTS INC Legal Fire Station#4 142078 130 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 142079 3,440 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance Information Technology 142080 2,277 GRAINGER Supplies-General Bldg Community Center Maintenance 142081 287 GREAT RIVER PRINTING SERVICES Operating Supplies Finance 142082 252 GS DIRECT Operating Supplies Engineering 142083 150 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 142084 308 HALL,DERRECK Other Contracted Services Softball 142085 17,637 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 142086 27,238 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 142087 4,908 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 142088 168 HOLMES,TOM Other Contracted Services Softball 142089 775 HYDRO-VAC INC Other Contracted Services Storm Drainage 142090 675 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 142091 786 ICI DULUX PAINT CTRS Building Repair&Maint. Park Maintenance 142092 789 IND SCHOOL DIST 272 Transportation Teen Programs 142093 138 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 142094 1,238 INFRATECH Other Contracted Services Sewer System Maintenance 142095 6,443 INGRAHAM&ASSOC Other Contracted Services Planning&Development 142096 4,430 INNOVATIVE GRAPHICS Clothing&Uniforms Therapeutic Rec Administration 142097 316 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 142098 149 J H LARSON COMPANY Operating Supplies Park Maintenance 142099 604 JANEX INC Supplies-General Bldg City Hall-CAM 1421,00 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 142101 18,525 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund 142102 507 KORTERRA,INC Other Contracted Services Water System Maintenance 142103 150 KUSTOM SIGNALS INC Equipment Repair&Maint Police 142104 724 LAB SAFETY SUPPLY INC Supplies-General Bldg City Hall-CAM 142105 4,333 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks 142106 2,399 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 142107 1,225 LAND EQUIPMENT INC Licenses&Taxes Street Maintenance 142108 2,798 LAVAN FLOOR COVERING Contract Svcs-General Bldg City Hall-CAM 142109 115 LAW ENFORCEMENT RESOURCE CENTE Training Supplies Police 142110 709 LEARNCOM Training Supplies In Service Training 142111 70 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 142112 110 LESCO INC Landscape Materials/Supp Street Maintenance 142113 639 LIFE SAFETY SYSTEMS Contract Svcs-Fire/L,ife/Sfty City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit 142114 46 LYNN PEAVEY COMPANY Operating Supplies Police 142115 4,452 LYNN'S FLOWER DESIGN Contract Svcs-Lawn Maint. City Hall-CAM 142116 521 MACPHERSON-TOWNE COMPANY Contract Svcs-General Bldg Community Center Maintenance 142117 148 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 142118 2,849 MARKETLINE RESEARCH INC Other Contracted Services Planning&Development 142119 1,375 MARTIN-MCALLISTER Employment Support Test Human Resources 142120 7,320 MASTER SPRINKLER SYSTEMS Improvements to Land Park Acquisition&Development 142121 128 MAXI-PRINT INC Operating Supplies Recreation Administration 142122 9,266 McFARLAND CONSTRUCTION COMPANY Contract Svcs-Gen.Bldg City Center Operations 142123 4,900 MED COMPASS Employment Support Test Fire 142125 994 MENARDS Building Capital Impr./Maint.Fund 142126 351 METRO EROSION INC Other Contracted Services Storm Drainage Projects 142127 393 METRO FIRE Repair&Maint.Supplies Fire 142128 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 142129 771 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 142130 283,019 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund 142131 3,740 MIDWEST DESIGN CO Other Contracted Services Communication Services 142132 2,080 MIDWEST PLAYSCAPES Building Park Acquisition&Development 142133 3,439 MINNESOTA ATHLETIC Operating Supplies Fire 142134 1,330 MINNESOTA CONWAY Equipment Testing/Cert. Fleet Services 142135 126 MINNESOTA COUNTY ATTORNEYS ASS Training Supplies Police 142136 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 142137 251 MINNESOTA GLOVE INC Safety Supplies Fleet Services 142138 1,230 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Storm Drainage 1421.39 1,256 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 142140 2,261 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 142141 404 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 142142 366 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 142143 138 MN MAINTENANCE EQUIPMENT INC Other Contracted Services Park Maintenance 142144 100 MOORE MEDICAL CORP Safety Supplies Fire 142145 51 MTI DISTRIBUTING INC Equipment Parts Fleet Services 142146 241 NATIONAL WATERWORKS Improvement Contracts CIP Trails 142147 660 NEUMANN,NEAL Other Contracted Services Softball 142148 1,712 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 142149 3,654 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage 142150 375 NORTHWEST BUSINESS SYSTEMS Contract Svcs-Gen.Bldg City Center Operations 142151 49 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 142152 158 NUCO2 INC Chemicals Pool Maintenance 142153 366 OSI BATTERIES INC Repair&Maint.Supplies City Center Operations 142154 6,416 PARROTT CONTRACTING INC Other Contracted Services Utility Improvement Fund 142155 129 PARTEK SUPPLY INC Operating Supplies Street Maintenance 142156 278 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 142157 963 PERSONNEL DECISIONS INTL Other Contracted Services Reserve 142158 322 PICKLE,BRAD Operating Supplies Girls on the Run 142159 430 POKORNY COMPANY Supplies-Plumbing Park Shelters 142160 465 POWERPLAN OIB Equipment Repair&Maint Fleet Services 142161 8,243 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 142162 13 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 142163 34 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 142164 101 PROTECTION ONE Other Contracted Services Cummins Grill 142165 675 PUBLIC AGENCY TRAINING COUNCIL Tuition Reimbursement/School Fire 142166 592 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation 142167 788 RAY,LEE Other Contracted Services Softball 142168 485 RECREONICS Operating Supplies Riley Lake Beach 142169 127 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM 142170 1,030 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 142171 335 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 142172 2,442 RMR SYSTEMS INC Merchandise for Resale Water Meter Reading 142173 7,091 RT ELECTRIC Repair&Maint.Supplies Emergency Preparedness 142174 62 S&S WORLDWIDE Recreation Supplies Afternoon Playground 142175 77 S H BARTLETT CO INC Supplies-Plumbing Community Center Maintenance 142176 584 SCHARBER&SONS Equipment Repair&Maint Fleet Services 142177 150 SCRAP METAL PROCESSORS INC Other Contracted Services Fleet Services 142178 230 SEAN JAMES ENTERPRISES INC Clothing&Uniforms Fire 142179 39,463 SHORT ELLIOTT HENDRICKSON INC Building Fire Station#4 142180 833 SIGNSOURCE Other Contracted Services Park Maintenance 142181 83,254 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 142182 534 SNAP-ON TOOLS Small Tools Fleet Services 142183 7,236 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology 142184 2,517 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 142185 82 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run Check# Amount Vendor/Explanation Account Description Business Unit 142186 102,889 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 142187 3,168 ST JOSEPH EQUIPMENT INC Equipment Re air&Maint Fleet Services P 142188 506 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 142189 383 STEVENS ENGINEERS Other Contracted Services Planning&Development 142190 4,045 STREICHERS Protective Clothing Police 142191 566 SUBURBAN CHEVROLET Capital Under$2,000 Fleet Services 142192 372 SUN NEWSPAPERS Legal Notices Publishing City Clerk 142193 165 SWEDLUND SEPTIC Waste Disposal Outdoor Center 142194 591 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 142195 2,050 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 142196 799 THE TREE&STUMP CO Other Contracted Services Tree Removal 142197 1,665 THYSSENKRUPP ELEVATOR CORP Contract Svcs-Elevator City Hall-CAM 142198 294 TILTON EQUIPMENT COMPANY Protective Clothing Park Maintenance 142199 182 TIMBERWALL LANDSCAPING INC Repair&Maint.Supplies Staring Lake 142200 1,014 TLC CAFE&CATERING Tuition Reimbursement/School Police 142201 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 142202 1,630 TOTAL REGISTER Equipment Repair&Maint Prairie View Liquor Store 142203 40 TRANS ALARM INC Contract Svcs-Security Public Works/Parks 142204 100 TWIN CITY OXYGEN CO Equipment Parts Fleet Services 142205 310 UNIFORMS UNLIMITED Equipment Parts Fleet Services 142206 33 UNIVERSITY OF MINNESOTA Operating Supplies Street Maintenance 142207 12 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 142208 1,450 URBAN COMMUNICATIONS Operating Supplies Ice Show 142209 3,304 US FOODSERVICE Contract Svcs-Garden Romm Garden Room Repairs 142210 334 USA BLUEBOOK Repair&Maint.Supplies Water Treatment Plant 142211 154,764 VALLEY PAVING INC Improvement Contracts Improvement Projects 1996 142212 746 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 142213 3,100 VIKING ELECTRIC SUPPLY Improvements to Land Capital Impr./Maint.Fund 142214 865 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 142215 1,048 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 142216 229 WEST WELD Equipment Parts Fleet Services 142217 197 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 142218 60 WIGLEY,GRIFFIN J. Software Information Technology 142219 266 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 142220 69 WUOLLET BAKERY INC Operating Supplies Emergency Preparedness 142221 40,192 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 142222 550 YOCUM OIL COMPANY INC Other Fuels-Propane/Fuel Oil Fire Station#E 1 142223 323 ZEE MEDICAL SERVICE Safety Supplies Riley Lake Beach 142224 975 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 142225 3,225 ZIEGLER INC Contract Svcs-Fire/Life/Safe Police City Center 142226 935 ZOELLNER MARK Other Contracted Services Softball 2,358,381 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Requests and Petitions June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. A. Stuart Fox, Manager, Petition to have a Horseshoe Pit and Parks and Natural Resources Sand Volleyball Court installed at Eden Valley Park Requested Action Move to: Authorize staff to construct a sand volleyball court and horseshoe pit in the north- west corner of Eden Valley Park the summer of 2005. Synopsis City staff received a petition from neighbors of the Eden Valley Park to construct a sand volleyball and horseshoe pit at their park. Staff visited the park and made a determination that both of these facilities would fit in the northwest corner of the park and prepared a plan. This plan, along with the petitions, was given to the Parks, Recreation and Natural Resources Commission for discussion. The public was invited to that meeting. Based on that discussion the Parks, Recreation and Natural Resources Commission voted unanimously to recommend to the City Council that a horseshoe pit and sand volleyball court be installed at Eden Valley Park. Background The Parks,Recreation and Natural Resources Commission discussed the petition from the adjoining neighbors of Eden Valley Park to have a sand volleyball court and horseshoe pit installed at their park. This discussion was prompted by a petition that was submitted by several of the adjoining neighbors following the discussion with the staff during the winter planning session for the playground replacement. The staff had recommended the neighbors circulate a petition to adjacent neighbors to find out how much interest there was in having these two new facilities added to their park. In May the neighbors submitted a petition to staff with approximately 70 neighbors in favor of the sand volleyball court and 20 neighbors in favor of the horseshoe court. At that time staff sent out a letter to all residents within 1,500 feet of Eden Valley Park notifying them of the petition and its' discussion at the June 6, 2005 Parks, Recreation and Natural Resources Commission meeting. At the Parks,Recreation and Natural Resources Commission meeting several residents showed up to speak for and against the petitioned court games. A petition was given to the Parks, Recreation and Natural Resources Commission members of 10 neighbors that were opposed to having these court facilities built. The discussion at the Parks, Recreation and Natural Resources Commission meeting centered around the ability to accommodate the court games and to not infringe on the adjacent properties. Staff had prepared a map of two possible options to accommodate the new court facilities in the proximity to the play area. The commission members discussed the various options and the motion that was made was to have the staff Petition to have a Horseshoe Pit and Sand Volleyball Court installed at Eden Valley Park June 21, 2005 Page 2 evaluate whether or not a third option could be implemented. The Parks, Recreation and Natural Resources Commission members asked the staff to determine whether or not the sand volleyball court could be put in the proposed location of the new play area and that the new play area be moved in to the area identified as option B. The second part of the motion was if the sand volleyball court did not fit this configuration that there recommendation was that the sand volleyball court be placed in option A and the horseshoe pit be placed in option B. Staff has revisited the site and determined that due to the location of existing trees that the new play area fits best where it is proposed and the sand volleyball court fits best at location option A. This will result in the need to relocate two or possibly three trees on site with a tree spade. Any other options would result in the need to move or remove five to seven trees. All of the trees for option A are of a size that can be moved with a tree spade and could be moved to the west side of the proposed sand volleyball court. Considerations Whenever the staff gets requests for added park amenities, we always ask those making the request for a petition showing neighborhood support for that amenity. Clearly the neighbors have canvassed their neighborhood area thoroughly and have submitted the petitions(attached). In evaluating the existing park area, staff has recommended that the sand volleyball court be placed in the location of option A,which is a north-south orientation; and that the horseshoe pit be placed in the north half of option B in an east-west orientation to minimize potential conflicts with both the sand volleyball court and the new play area. Both of these options provide good separation and require minimal grading to accommodate the new facilities. In addition, the staff has estimated that the cost for installation of the sand volleyball court and horseshoe pit would be approximately$8,200 primarily consisting of materials with the labor being provided by park maintenance staff. The installation of this court will be charged to cash park fees to pay for those material costs. The existing play equipment is in the process of being removed and the site prepared for installation of the new equipment in July. The new court amenities could be installed at the same time as the playground equipment. Attachments May 19 Letter to Eden Valley Neighborhood Park Residents Eden Valley map depicting sand volleyball and horseshoe pit options Petition to add a Sand Volleyball Court Petition to add a Horseshoe Pit Email from Barb Schneider Email from Tim and Kay Peters Petition submitted to the Parks, Recreation and Natural Resources Commission at the June 6 meeting Parks,Recreation and Natural Resources Commission—June 6 meeting—Unapproved Minutes 3 3 y i May 19,2005 i Dear Eden Valley Neighborhood Park Resident, DFC 9529498300 FAX 852 949 6390 TOD 952 949 8399 The City of Eden Prairie has received a petition from adjacent neighbors to Eden i Valley Park for the addition of a horseshoe pit and a sand volleyball court to the Eden Mitchell Eden Prairie,MN park facility,in a location yet to be determined. 55344-4485 edenpmkie org Your input regarding these requests is valuable and important.You are invited to attend the Parks,Recreation and Natural Resources Commission meeting on: Monday,June 6 7:00 p.m. City Center-City Council Chambers j 8080 Mitchell Road If you are unable to attend the meeting and would like to have your comments placed into the record for this discussion you can forward them to me via mail or email. Sincerely, z G&>C Stuart A.Fox Manager Parks and Natural Resources Parks and Recreation Department sfoxPedenprairie.org i Attachment:Eden Valley Park map(on hack) ^x .<o w VON MOW��— f r�• IM �' xv }3 _ 2 SIN ZA a r ak s w: • t: 5 a k V 6 �f 4 •,�` x , Y 1 ` • � 1 Petition to Add a Sand Volleyball Court to Eden Valley Park Petition':summary and This summer the play structure at Eden Valley Park will be removed and a new play structure will be added. We feel that baekgrountl.;`; this presents the city with the perfect opportunity to also add a sand volleyball court to the park. Action petitioned for We,the undersigned, are concerned citizens who urge our leaders to act now to add a Sand Volleyball Court to Eden Valley Park. Painted Narne Signature Address Comment Date Clay- A�4 l n, � l 64 5 4to rk 47 Y �I�1�' C� tK4 1 UA ��� is 2>'�/0� Petition to Add a Sand Volleyball Court to Eden Valley Park Prrtition summary and This summer the play structure at Eden Valley Park will be removed and a new play structure will be added. We feel that backgrountl this presents the city with the perfect opportunity to also add a sand volleyball court to the park. Action petiitioned'for We,the undersigned, are concerned citizens who urge our leaders to act now to add a Sand Volleyball Court to Eden Valley Park. Printed.,Name Si nature Address l 9 Commen!` : Date 3 � rQ La 6 f' , 1� ofA I b.126L Petition to Add a Sand Volleyball Court to Eden Valley Park Petition sgmmary..,and This summer the play structure at Eden Valley Park will be removed and a new play structure will be added. We feel that baekgrourd this presents the city with the perfect opportunity to also add a sand volleyball court to the park. Action pefitionedfor We, the undersigned, are concerned citizens who urge our leaders to act now to add a Sand Volleyball Court to Eden Valley Park. Printed Name Signature Address Comment `Date �t'S /GS 7 fila r CIS"e as' e.a) J, j 7 "� _C�d` r f .--................... Petition to Add a Sand Volleyball Court to Eden Malley Park R fit!"NiA"t"M 'i r 'acid, This summer the play structure at Eden Valley Park will be removed and a new play structure will be added. We feel that bakrQrd u„is+ this presents the city with the perfect opportunity to also add a sand volleyball court to the park. We, the undersigned, are concerned citizens who urge our leaders to act now to add a Sand Volleyball Court to Eden Valley Park. , .!,;.SS N, - .73't t. f!• by :rlll �', .p - I,,a . � � a.., n'; .,u:.. :j !+I� .t,�.•i�,t: a. :t, .:..t.;., ...T.. ..."t ,,..r...:,.. .:r ::.I. ..(.. ."i.K:7:,.:1 •..._. ....:... :.......... ) i' 4!4( �T. rr`�`�'< <�,,' r.-, ,),j'+'-�S ��......��P;�'L''{-� J �='�i i'i �l.t, 4�-"L- ::`t •')i'4o`�Vj 1` 3 (I OM F` i� Aa;. i; '!-� �yl ! � i1!+:ii.�`, < LL, lP n?R1;it#tCl'.. M. i�a.' �i! i$ '....�,::^.t.. v.....+:::.:4:`.t�.ty.nt•r.�,.,..;.r,..r•....60114,L/i tj Est /�i �r,..�'�1'. .7 F1• �� `�r� "t��,yam ��..i�r��" 1/ � �/� ��'r '� 'r(.ey ir, ;� !}� ..t / l L I r`�^:�1.t2_�/f.'•.L�r� i:: '� -':/!'L• �j '/ .. - "� ..✓ ! L, I; J /+�}_.,L:L .) ! Lam: �"-• �l>>f v .i TO 24 -aA 4.1 !�\7'� 1`1�� C'•'7�ip,C-)��,�= `''`� %'" iJ i%� i'' -,:/ ,tom � ..� r Ito i �{ -.P 3. 4='/� ,je h.: r.. 7 --.�:. .,.r:: / � 4J!.t':',:. r. � )' „r: t �:>•2 t., ':S .._i�tf' .. s .E`�. r.!',._:�+ is.,dt .t. �s-S+Qmry.�CS1�1 t" ai. t I •t pe n� � � J� I wed.. �•� {':z�rw,:{ '!"fl.rr.4�•?.•.,. .�s .ed.: I �?"' ` a f ' 17 �✓.�f..�}i r•1� �•1 � ,,� � , I �n ..:. ,i �J r. � e. a..+i � t ...�;. .Avt /� � X�'tS�� ,� �'Z� ! 2r lr h c l o? 4 ZUWA UkA w N+Cle- Pi Petition to Add a Horseshoe Pit to Eden Valley Park Retltion summary and This summer the play structure at Eden Valley Park will be removed and a new play structure will be added. We feel that kackgro.und this presents the city with the perfect opportunity to also add a horseshoe pit to the park. Action petit one for We, the undersigned, are concerned citizens who urge our leaders to act now to add a Horseshoe Pit to Eden Valley Park. Printer;'*0 e. Signature Addt"Qss Comment Date . n�c�., �' r✓��-t.�f l L� � � � 77 0 6�/ �Z'4 // ��' red .J �►l -'ems ;,��- S�f , S . /Y�Cnwr iS It" 2L � 7'i'Lt ;,:'.��`,�t:1 <-- q ` '�► '' 't`�" �`i�2 Arinted`Name' Signature::. Address Comment :; Date .�~ ..7�: J � �-9 ..e,,,,,,- !�_v::.-�Mr,��f':..�.%Lr..(,�.�„,.,r+i.y"""���'.�%���-'�� �.,s� .J f���r,P,•��_• !� l "� _.�� t t �` y� *' �,5 7 ,. y. `^Cap '1j.�,��.•^'4�i s 4 r s,rt G S 32 � Lam.. Page 1 of 1 Stu Fox From: Barb Schneider[BarbSchneider@mn.rr.com] Sent: Wednesday, May 25, 2005 11:03 AM To: Stu Fox Cc: Schneider, Ronald Subject: Eden Valley Park petition Dear Mr. Fox: f Thank you for the letter regarding the petition for a horseshoe pit and sand volleyball court in the park. I will not be able to attend the meeting since our son is graduating that evening,but wanted to express my thoughts on the subject. We've thoroughly enjoyed living adjacent to the park(directly north of the playground equipment)for 18 years. We love hearing the children play and laugh on the playground,the sounds of the baseball games on the ball field,and the many other activities that take place in the park from frisbee,football,etc. I have to say we also enjoy the peace and privacy of not having houses directly behind us. These are all reasons we initially selected i this lot to build our home. f While I have no objection to the proposed addditions,my feeling is that if these things are added,the appropriate location would be between the tennis courts and the woods. The path over on that side would separate the location from the houses, and there are fewer houses that are adjacent in that area. I feel strongly that next to the playground equipment would not be an appropriate location for activities that are clearly for Aults, and have the potential to be on the boisterous side-absolutely nothing wrong with that,just have it in a spot where it doesn't affect neighbors and kids playing on the playground. Speaking of the playground, I thought we had received a letter last year saying that the equiment was going to be upgraded,and that is what we would really like to see. While our children are college age/adult,we now have a granddaughter that loves to go back to the park,and the playground is in awful condition,with really old, broken equipment, and we have many splinters every time we use it. Are there any plans to upgrade or repair that equipment? It seems to be used constantly in spite of the condition, so if a choice needs to be made, I would be in favor of spending the money in that area, since it seems to be something that would be much more heavily used. We appreciate your interest in soliciting comments of the neighbors. Regards, Ron and Barb Schneider 16583 South Manor Rd. 5/25/2005 Page 1 of 1 Stu Fox From: Tim and Kay Peters[epmnpeters@msn.com] Sent: Tuesday, May 24, 2005 8:46 PM To: Stu Fox Subject: Eden Valley Park We would love to have a horseshoe and sand volleyball court at the Park. There is plenty of room to keep the ballfield and to have football and soccer practice still at the park. Thanks for all your work KAY Peters i 5/24/2005 o pp�,ss�2 We,the under signed,have property that abuts to Eden Valley Park We do not want the addition of a sand volleyball court to our park. This is a neighborhood park mean to be used by the children of the neighborhood and youth sports. Young adults would be the main users of the sand volleyball court. Persons of this age can often provide their own transportation to other larger parks in Eden Prairie that already provide sand volleyball courts. We also feel that the attraction of this age group could lead to the use of alcohol in this park and would not be fitting of the original reason for this park being built. i %/6. muty All, 1 1O J I i i i UNAPPROVED MINUTES PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,JUNE 6,2005 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Rob Barrett(arrived at 7:06 p.m.), Tom Bierman, John Brill, Tom Crain, Jeffrey Gerst, Randy Jacobus, Ian Mackay, Michael Moriarity and Geri Napuck(arrived at 7:06 p.m.) COMMISSION STAFF PRESENT: Bob Lambert, Director of Parks and Recreation Services; Stu Fox, Manager of Natural Resources; and Carol Pelzel, Recording Secretary L CALL TO ORDER AND ROLL CALL The meeting was called to order by Vice Chair Gerst at 7:05 p.m. II. APPROVAL OF AGENDA Motion: Gerst moved, seconded by Moriarity,to approve the agenda as presented. The motion carried,9-0. III. APPROVAL OF MINUTES—May 2,2005 Bierman asked that the first sentence of the third paragraph on Page 3 be amended to include a date specific as to when the play structure was to be removed from use.By stating a specific date, it showed that staff and this Commission is safety conscious. The sentence was amended to read"........ immediate steps be taken to either remove the structure or block it off from use by Friday, May 6." Fox reported that the structure was removed on Thursday, May 5. Motion: Motion was made by Bierman, seconded by Mackay,to approve the minutes as corrected. The motion carried, 6-0-3 with Gerst,Brill and Crain abstaining because of absence from that meeting. IV. REPORT OF CITY COUNCIL ACTION—May 3 and May 17 2005 Lambert reported that the City Council concurred with the Parks Commission regarding the construction of outdoor ice rinks. They selected a preferred design but put the project on hold at this time for lack of funding. Lambert explained that Councilmember Aho recommended that a water quality study be done on Round Lake.After discussion with the Council,Aho recommended that they do further study of Round Lake. The Council did agree to have a limnologist that is not involved any lake PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 2 improvement products or designing other lake improvement systems, look at the lake one more time. The City does have money invested in the lake with studies, infrastructure and surrounding land and since the lake is such an important art of the arks stem spending an additional P P P system, P g $10,000 to be sure they have done everything possible is a good recommendation. Crain asked what the status of Round Lake is at this time.Lambert explained that it is closed for swimming but is open for fishing and boating. The lake does meet State guidelines for water clarity and quality for swimming at the beginning of the summer but during the later part of the summer it generally does not meet those guidelines. V. PETITIONS,REQUESTS AND COMMUNICATION A. MCA STUDY—JANET JEREMIAH Janet Jeremiah, Community Development Director, presented an overview of the Eden Prairie Major Center Area Study to the Commission.An important piece of this Study was citizen and policy maker participation including a Task Force. The intent of the Study is to develop a long-term vision for this area and to provide the City with an opportunity for future in-fill and redevelopment. Jeremiah explained that the Task Force did some early prioritization including the indicated importance of additional civic and community land uses.Jeremiah reviewed with the Commission the various possible land use types for this area. Jeremiah explained that the next step for this Study is a presentation to the City Council and Planning Commission after which the Planning Principles will be refined.An open house will be held to review the preferred alternative and this Commission will be invited to that open house. Ultimately a final report will be produced including recommendations from this Commission,the Planning Commission and City Council. Jeremiah said they expect to complete the process in September or October of this year. Lambert pointed out that Concept B does turn Prairie Center Drive into a ring road. This concept would include landscaping around the exterior ring road. Lambert said there has been some debate on which comes first; land uses that forces road systems or road systems that drive land uses. This Study assumes that the City will be acquiring the park owned by Rosemount Companies. This acquisition is a focal point for the downtown park and will drive land use types around that park. Lambert said this Study would also suggest the City enter into partnerships with property owners to develop a more walkable downtown area. They need to have a vision for this area. Lambert encouraged the Commission to express their opinions about walkable communities, acquiring properties and making trail connections. Barrett said it is difficult for them to express their opinions without having seen the various concepts in more detail.Jeremiah explained that the Commission should have received copies of the entire report including the various concepts discussed. She indicated that she would see that the Commission did receive this information as soon as possible. Mackay said he likes Concept A and that it includes a downtown transit center. He feels that the transit center creates a downtown that allows people to walk in that area for shopping, etc. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 3 Bierman said he feels this Study is an excellent initiative on behalf of the City. The Study indicates that in order to make it work, it has to have high density. However, on the other hand,they talk about green space and that people are in favor of open space.Bierman pointed out that the housing development east of the existing Eden Prairie Mall is high density and there does not appear to be any open space. Bierman said he thinks they need to think through whether or not they are fostering neighborhoods in 2050 or 2075 that will be the slums of the future. High density may be incompatible with harmonious living. Jeremiah said this is a good point and the idea for parks and open space is an important component of this area and they do need to create amenities. Jeremiah said these are the types of comments they are looking for. Napuck said staff indicated that a survey had been conducted and she asked if one concept plan was more consistent with the survey information received. Jeremiah responded that aside from the questions asked,the respondents were also given the opportunity to comment on the different concept plans. Concept A appeared to be the concept the people most preferred. Barrett asked if cost for these concepts has been discussed.Jeremiah answered that the Study will eventually include the implementation and fiscal impact of the proposal. This is something that will be discussed in the Study at a later time. Jeremiah explained that she would see that the Commission gets the complete Study including the survey taken and that the Commission will have another opportunity for input to the Study. B. PETITION FROM EDEN VALLEY PARK NEIGHBORHOOD FOR PARK IMPROVEMENTS Fox reported that at a neighborhood meeting regarding the Eden Valley Neighborhood Park playground replacement scheduled for this summer, neighbors expressed an interest in having a sand volleyball court and/or horseshoe pit installed at this park facility. Staff recommended that they submit a petition signed by adjacent neighbors requesting these facilities. In May such a petition with 70 names in favor of a sand volleyball court and 20 plus names in favor of the horseshoe court was submitted.Fox explained that Eden Valley Park is a neighborhood park and services an area within a one-half mile radius and is nine acres in size.Fox presented two options for placement of the volleyball court. Option A puts the court 30 feet from the westerly line while Option B places it 30 feet from the northern line.Either option would require that some trees would be relocated. Fox stated that Option B would require less grading of the site. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 4 Mackay asked if the new play area would be in the same location as the old play area. Fox responded that it would since they would be utilizing the pad that was there for the existing play area. Wendy Campbell, 6725 Sunburst Drive, submitted a petition with ten signatures in opposition to the proposed volleyball court. The petition is from neighbors whose property abuts this park. Campbell explained that typically these parks are built for younger children. Teenagers and young adults typically use volleyball courts. She said she feels this type of use could involve bringing alcohol into the park. Campbell said she does not feel that this is a good mix by having older teenagers next to the playground area. Young adults and teenagers can provide their own transportation to Round Lake Park,which has sand volleyball courts. Campbell said she is opposed to the addition of a sand volleyball court at Eden Valley Park. Andi Svendsen, 16546 S. Manor Road, said she has young kids and appreciates the City updating the playground. She said they are looking for something for adults to do while their kids are playing. Svendsen said there are nice teenagers in the area and there should be no problems with them. Beth Kryzer, 6616 W. 168th Avenue, said she would also like to see a sand volleyball court placed in this park. It would give the adults in the neighborhood something to do while their kids are at the park. It would also give them an opportunity to meet the neighbors. Moriarity asked if the homeowners had any preference as to which option they went with. Svendsen said she would like to see as few trees as possible removed. Kryzer said she would prefer Option B because there used to be something at this location. In response to a question from Moriarity, Fox explained that this type of park is typically designed for ages two to ten. Lambert said he would not recommend using the fact that teenagers might use the park as a reason for denying recreational facilities in a park, whether teenagers or adults are using the volleyball court, it is a noisy game. This court would be 30 feet from someone's backyard. Lambert said he questions whether a sand volleyball court is a good idea. This is a small park and a lot of the area is not useable for active space because of the surrounding woods. Lambert said a sand volleyball court might cause some problems for the neighbors and there isn't enough parking for the existing facilities. Campbell pointed out that this park has a very small parking lot and people live very close to the proposed Option B.Noise would be an issue. Brill asked how many sand volleyball courts exist in the City.Fox said there are approximately ten courts. Napuck asked where the$8,000 to construct a volleyball court would come from.Lambert explained that funding would come from park dedication fees.Napuck asked what has been the precedent in the past when dealing with extra amenities requested by a neighborhood for a neighborhood park. Lambert said if they can accommodate them and it is not too costly, they usually add the extra amenities when requested if the majority of the neighborhood supports it. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 5 Bierman said he feels both sides have presented some interesting points. He suggested that the residents agree to police the park and that they require reservations to use the volleyball court. He also suggested that someone from the neighborhood be in charge of the reservations and that there be signage indicating that in order to use the court one person in attendance must be over 18 years of age. Lambert said it would not be legal to restrict someone from using the park based on age, and it would be impossible for the neighbors to control the use of the volleyball court. Lambert said he did not feel this was a feasible recommendation. Lambert suggested that when they put in the new playground they also put in a horseshoe court where Option B is located. They could see how that works and the kind of use it would get. In a year or so if the neighbors still want the City to consider a sand volleyball court they could come back to this Commission to request the court. The court could then be placed where Option A is located. Jacobus suggested that they consider sliding the playground 20 feet to the north and place the volleyball court to the south of it. Fox said they need to align with the trail leading out of the woods. Jacobus suggested that the playground be placed to the north of the path. Barrett said he does not believe that noise would be an issue and he has not seen sufficient evidence that a volleyball court at this location would be a problem.Moriarity said if they went with Option A they could place the trees to the left for screening.Fox said they would probably relocate the trees on the westerly boundary.Napuck asked what happens if problems do develop because of the volleyball court.Fox said the neighbors could come back to this Commission with problems that may arise. Motion: Motion was made by Barrett, seconded by Mackay,to authorize staff to redesign the play area of Eden Valley Park to be north of the current proposed location and to place a volleyball court south of that play area and a horseshoe court west of the play area and if that is not workable to leave the play area where it is currently proposed and to place a sand volleyball court where Option A is located and a horseshoe court where Option B is located. The motion carried,9-0. VI. OLD BUSINESS A. SPORTS FACILITIES COMMITTEE PROPOSED REVISIONS TO THE PRIORITY USE POLICY Lambert reported that staff is bringing forward a draft policy of the Guidelines for Priority Use of Public Facilities. Staff does support the recommended changes;however,there are a couple items they had an issue with. They are concerned with reducing the number of resident requirements from 95 percent to 90 percent. Staff does understand the rationale the Committee used to reach those numbers.Another item staff has concerns with is Item 5 under Priority III,which is the percentage of the total number of Eden Prairie resident participants. The Committee is recommending 49 percent of the total number of Eden Prairie residents for swim teams and figure skating teams while the other organizations have a 30 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 6 percent requirement. Lambert said staff have some concerns with the requirement being different. Staff feels that it should be consistent for all organizations. It is more difficult to justify a higher percentage requirement(49%) for the organizations that have a lower residency requirement(70%rather than 90%). Mark Davis, President of the Foxjets Swim Team, said they presented a lot of information to the Sports Facilities Committee regarding their membership including their financials. He said there is no room for a second swim club. If their percentage requirement were 30 percent, their program could be destroyed. They cannot afford to lose any pool time. He asked that this policy be approved as presented and forwarded to the City Council or if they wish to change the Policy they return it to the Sports Facility Commission so that they may have input on the changes. Gerst asked how the 49 percent requirement was arrived at. Davis said it was pretty much an arbitrary number. If any other swimming program in this community equals the Foxjets in Eden Prairie members,then they should get half of the pool time. Jacobus said he feels Eden Prairie residents should have a choice and be able to join another swim team in Eden Prairie. Davis said they have choices and the fundamentals of swimming direct those choices. There are 20 programs within 10 miles of the City. Jacobus asked what happens to those kids that are Eden Prairie residents that can't use City facilities while non- residents are using them. Lambert said he wants a policy that he can defend to any Eden Prairie resident. Staff is concerned about reducing the residency requirements and the 49 percent requirement for the swim and skating teams. Moriarity said he thinks Davis has made some good points.There are two soccer associations that make the use of the fields less efficient and there are a lot of similarities with the swim teams. Moriarity said he feels they can offer competitive, recreational plus or recreational swimming under one organization. Lambert said efficiency of use is one problem. However, the biggest part of this is that they have a limited number of facilities and in order to accommodate residents; it requires efficient use of those facilities. This would be accomplished by having one organization scheduling. If they had unlimited facilities they would not be having this discussion. Lambert said they can't make the most efficient use of those facilities by accommodating several organizations vying for the same use at the same time. Napuck asked what the criteria is for requiring one sport to have 30 percent while skating and swimming are required to have 49 percent of Eden Prairie residents.Mackay said the reason for separating swimming and skating is that there are facilities that are tight and there are some that are restricted. They do need to make a distinction between those facilities and he suggested that they look at making two tiers based on the amount of space available and on the number of participants. Bierman said they need to consider what is right and fair for the participants. He tried to challenge the two swim organizations to work the pool time out but that was not successful. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 7 He also struggled with the concept of trying to let another program come in and destroy an existing program that has been around for a long time.Bierman said if rules are established the organizations will have to work within those rules. The swimming group and skating group did agree to an increase in the Eden Prairie residency requirement from 60 percent to 70 percent. They also felt that if they could not generate an organization with 49 percent of the total number of residents then the facilities should be shared with another group. Bierman explained that there is nothing magic about these numbers. The Committee agreed that these numbers would be fair. He indicated that the problem is that they are trying to fit nine different organizations into one policy. Following lengthy discussion, Brill suggested that they consider changing the wording of the policy indicating that the organization with most Eden Prairie residents would receive all of the prime time hours. Motion: Motion was made by Brill to revise the wording of the last sentence of Priority V, No. 5 of the Policy to read: "The exception to this is swim teams and figure skating teams with the most Eden Prairie residents receiving all of the prime time hours." The motion failed for lack of a second. Napuck said she feels the 49 percent number seems high to her. She suggested that they use 35 percent across the board. Gerst said he feels they have to make sure they are drawing a certain percentage of Eden Prairie residents whether it is 30 percent or 40 percent. He also feels they should be able to offer the residents choices.Napuck said she understands the overall participants in the swim team or skating is a smaller number compared to other organizations. She said she would feel more comfortable approving this if the language in the Policy talked about organizations that have a certain number of participants or fewer than a certain percentage would apply and an organization with a certain number of participants or greater would require a different percentage of participants. There would be different percentages recognizing the number of participants. Motion: Motion was made by Moriarity, seconded by Napuck,to amend the Priority Use of Public Facilities Policy on Page 4, Priority V,No. 5,the last sentence,to read: "The exception to this is in those sports where the number of Eden Prairie resident participants is less than 400,then the organization must have 40 percent of the total number of Eden Prairie residents". Jacobus said he feels it should be less than 40 percent. He feels it should be more like 25 percent. This would give another organization an opportunity to execute something in the City and this would be the best situation for Eden Prairie kids. Bierman said they need to establish a policy that is high enough so that other organizations cannot arbitrarily start another organization in the City. Vote was called on the motion with all members present voting aye except Jacobus who voted nay. The motion carried,7-1 (Gerst was out of the room). PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 8 Moriarity said he has some concerns with only requiring 30 percent of Eden Prairie resident participants for teams and organizations. He said they are considering a referendum and it now appears that there will be more non-Eden Prairie residents using the City's facilities. Mackay explained the reason for the 30 percent requirement is because some organizations participate regionally and some on a community basis. For those that participate regionally, it occasionally becomes necessary to have participants from other locations in order to keep the organization competitive. Barrett questioned why they reduced the requirement for Priority III organizations that participating members must be comprised of 90 percent Eden Prairie residents rather than the original 95 percent.Lambert explained that the reason for going down to 90 percent was because there are certain organizations that are right at the requirement.If teams are being competitive, it is difficult to get to the 90 percent. Lambert said staff would prefer to stay at the 95 percent and deal with each situation as it comes up. They would rather grant an exception to an organization than lower the bar. Moriarity said he does not see this as a big deal whether they are at 90 percent or 95 percent. Jacobus said it was his understanding that the reason for lowering it to 90 percent was to make competitive teams more competitive. Under Priority III,No. 3, Barrett said it was his understanding that they would increase the 70 percent residency requirement 5 percent each year. Lambert said staff is recommending that they leave it at 70 percent at this point. He recommended that they leave the policy for participating members of the organization being comprised of 90 percent Eden Prairie residents and the residency requirement for swim teams and figure skating clubs a minimum of 70 percent. Eventually these should be the same and this issue will eventually be brought back to the Sports Facility Committee for discussion because there are concerns with these requirements. Moriarity pointed out that IV. 4, should read "Single use means one event for one facility" rather than one game for one facility. Motion: Motion was made by Brill, seconded by Mackay,to recommend to the City Council approval of the amended revisions to the Priority Use Policy as submitted by the Parks Recreation and Natural Resources Commission. All members voted aye except Jacobus who voted nay. The motion carried,8-1. B. ANNUAL REPORT The Commission had no questions on the annual report included in the Commission's agenda material. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 9 VII. NEW BUSINESS A. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EDEN PRAIRIE AND FRIENDSHIP VENTURES Lambert explained that the City leases the camp to Friendship Ventures for the purpose of providing recreation opportunities to people with developmental disabilities. The City and Friendship Ventures provide programs and services to the same constituencies and promote the maximum use of their respective facility by the community. Motion: Motion was made by Gerst, seconded by Napuck,to approve the proposal for a Memorandum of Understanding between the City of Eden Prairie and Friendship Ventures. The motion carried,9-0. VIII. REPORTS OF STAFF A. DIRECTOR OF PARKS AND RECREATIONS SERVICES 1. Update on Trails Planning Team Efforts Lambert presented a brief update on the activities of the Trail Planning Team. 2. Update on Neighborhood Meetings Relating to Referendum Lambert encouraged the Commission members to attend some of the scheduled neighborhood meetings relating to the referendum. He asked that Commission members attend the June 22 town meeting to discuss the referendum.Lambert suggested that both this Commission and City Council be more proactive and that the presentations not be conducted by City staff but by Commission members. B. MANAGER OF RECREATION SERVICES 1. Senior Survey Lambert explained that a survey had been sent out to over 1,200 seniors and a meeting with the seniors has been scheduled for June 13 to review the results of that survey. C. MANAGER OF PARKS AND NATURAL RESOURCES VII. ADJOURNMENT Motion: Bierman moved, Mackay seconded,to adjourn the meeting. The motion carried 8-0 (Napuck left the meeting at 11:15 p.m.). The meeting was adjourned at 11:20 p.m. Motion: Made by Ron Case—City Council meeting,June 21, 2005 Move to direct staff to contact the MAC to begin an ongoing conversation with them about any and all interests and topics that concern both the MAC and the City of Eden Prairie. Rationale: • Post 911 reliever airport projected usage numbers are way off(lower than anticipated —the need to expand is less justified than it ever was) • Security issues at reliever airports have never been sufficiently addressed • The MAC is itself investigating the future of the reliever system • Land at Flying Cloud is some of the most expensive land at any airport in the state (outside of MSP)—the MAC could go out 30 miles west and purchase land for a freight reliever airport at$.10 on the dollar,buying 5000 acres,developing it,and still have money to spare) • The region,the County,the School District,and the City of Eden Prairie are receiving $.05 on the dollar for what they could be receiving in taxes from the 700 plus acres • The FAA is constantly issuing directives,some of which seem to have bearing on our agreement—such as questioning(some would argue ruling against)any agreements around the country that appear to arbitrarily limit usage based on weight(as our agreement does) The following"example list" of topics represents shared concerns: • Where are plans for the expansion at today? Is the City of Eden Prairie's agreement with the MAC fully in force regardless of both expansion plans and/or any present or future rulings from the FAA? • What's the current status of the EIS process? • There have been reports of the MAC considering closing some relievers. Is Eden Prairie's Flying Cloud being considered,and if not,why not? Can we help in offering suggestions about other alternatives? • Sewer/water&Pioneer Trail expansion issues • Continuing complaints about noise,planes not following the recommended flight patterns,and nighttime take-offs and landings • Other concerns about compliance with the agreement—How are weight limits being monitored? What happens when a jet in violation of weight restrictions makes an illegal landing? What happens when jets take-off and violate the recommended flight pattern and are repeat offenders?Does the MAC regularly report air quality and ground water monitoring related issues? What has the MAC been doing to beef up security at Flying Cloud? • Regular,possibly quarterly meetings between the City of Eden Prairie staff and the MAC staff to discuss continuing concerns over the implementation of our agreement—noise impacts,security concerns, beautification measures CITY COUNCIL AGENDA DATE: June 21, 2005 SECTION: Reports of Councilmembers k. DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.P.2 City Council City Manager Performance Pay Requested Action Move to: Award the City Manager performance pay in the amount of 3.5 percent of his annual salary to be paid effective August 1, 2005. Synopsis The City Council went into closed session following adjournment of its last meeting to continue the evaluation of the City Manager and to consider the award of performance pay, which matter was held in abeyance pending passage of legislation increasing the salary cap applicable to public employees including the City Manager. Based on the City Manager's performance during the past year the City Council determined to award to the City Manager the full amount of the performance pay, 3.5% of salary. CITY COUNCIL AGENDA DATE: SECTION: June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1 Sue Kotchevar, Office of the 2004 Comprehensive Annual Financial City Manager/Finance Report(CAFR) Requested Action Move to: Accept the 2004 Comprehensive Annual Financial Report(CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Malloy, Montague, Kamowski, Radosevich,&Co.,P.A. William Lauer,Principal in the accounting firm will make a presentation of the financial report.In general,the City's financial conditions and control procedures are sound. Attachments 2004 CAFR Management Letter Special Purpose Audit Report CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director June 21, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.I. Robert Lambert, Director Sports Facilities Committee Proposed Parks and Recreation Revisions to the Priority Use Policy Regested Action Move to: Approve the proposed revisions to the Priority Use Policy as submitted by the Sports Facilities Committee and amended by the Parks, Recreation and Natural Resources Commission on June 6, 2005. Synopsis The Sports Facilities Committee began meeting on a monthly basis in January 2005.Nearly all of the discussion has been focused making revisions to the Priority Use Policy. Attached to this memorandum is a colored version of the Priority Use Policy that depicts the original language and the revisions that were made through the last six months. Also attached is a clean copy of the proposed new policy as approved by the Parks, Recreation and Natural Resources Commission on June 6, as well as a copy of the June 6th Commission meeting minutes. Background The majority of the discussion with the Sports Facilities Committee and with the Parks, Recreation and Natural Resources Commission was related to the pros and cons of reducing the residency requirements for Priority III organizations from 95%down to 90% for all organizations with the exception of the swimming and figure skating. Those organizations increased residency requirements from 60%to 70%. The second area that received a great deal of discussion was under V. Priorities,Priority III. 5. which sets the percentage of the total Eden Prairie resident participants in a particular sport that will trigger a requirement by the city to provide that organization with facilities for use. The Sports Facilities Committee had recommended 30% for all sports teams or organizations with the exception of swimming and skating which had requested a percentage of 49%. The Parks, Recreation and Natural Resources Commission changed the exception definition and the exception percentage to read as follows: "The exception to this is those sports where the number of Eden Prairie resident participants is less than 400,then the organization must have 40%of the total number of Eden Prairie residents." The rationale for the different requirement is that it will be easier for a smaller sport such as lacrosse, softball or swimming to have second organization obtain a significant percentage of all Sports Facilities Committee Proposed Revisions to the Priority Use Policy June 21, 2005 Page 2 the kids playing in that sport and requiring the use of sports facilities. With a limited number of facilities available, it is much more efficient to have one organization scheduling the use of the facilities rather than sharing those facilities with another organization that wants the same use of the same facilities at the same time. City staff support the recommendation of the Sports Facilities Committee and the Parks, Recreation and Natural Resources Commission for the changes to the Priority Use Policy and recommend the City Council adopt the policy as amended by the Parks, Recreation and Natural Resources Commission. Attachments Priority Use Policy—colored draft Priority Use Policy—final draft Parks, Recreation and Natural Resources Commission June 6 Meeting Unapproved Minutes Updated by PRNR Commission on 6/6/05 D R A F T POLICY GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES The following policy establishing guidelines for priori of public facilities was initially h' use P Y approved by the City Council on April 1, 1997, and updated on November 1, 2004, and was developed from input received at a meeting of Eden Prairie Athletic Association representatives and the Parks, Recreation and Natural Resources Commission. PURPOSE AND INTENT: The purpose of this policy which establishes guidelines for the priority use of parks and facilities in the City of Eden Prairie is to provide for health, safety and welfare of the public. It is the intent of this policy to grant priority use for exclusive or ongoing use of municipal park and recreation property to those organizations which operate programs under the same general guidelines which govern public programs operated by the Parks and Recreation Department. All organizations must be a "public service group" organized and open to all Eden Prairie residents and approved under Minnesota Statutes Chapter 317A as a Minnesota non-profit or a 501C, with its registered office located in Eden Prairie (hereinafter referred to as an "Eden Prairie non-profit corporation".)ahon,�.o rP ) I. REQUIREMENTS OF ORGANIZATIONS THAT RECEIVE FREE OR PRIORITY USAGE RATES FOR LEAGUE USE OF PARK FACILITIES: Organizations which request special permits to offer ongoing programs on municipal property without paying a usage fee, or at priority usage rates, are required to comply with the following guidelines: 1. Organizations must be an "Eden Prairie public service, non-profit corporation". The non-profit corporation must be organized as a member corporation,where the members are entitled to elect the Board of Directors. The Articles of Incorporation or Bylaws must further provide that participation in the organization's programs is open to all Eden Prairie residents and that the organization shall offer equal opportunity for participation in the governance of the organization. "Public service group" is defined as a group organized to provide a public service to the entire community, or all individuals in the community within the age group being served. 2. Organizations are to deposit a copy of their articles of incorporation, certificate of incorporation, bylaws and any other documents which govern their operation at the Parks and Recreation Department. These documents will be available for public review. A copy of the current IRS 990 or 1120 tax form will be provided to the City of Eden Prairie Parks and Recreation Department within 30 days of when Updated June 6,2005 1 it is provided to the IRS. A copy of the "Non-Profit Corporation Annual Registration" form that is submitted to the state must also be submitted each year. 3. Organizations are to make all information concerning the governance of their programs available to participants upon request. 4. All meetings of the organization's Board of Directors and any committees formed by the Board or the Articles of Incorporation or the Bylaws, except those which deal with personnel issues or litigation, are to be publicized in advance and open to participation to all program participants or members. 5. Head coaches working in youth sport organizations are to be trained and/or certified through a program approved by the Board of Directors of each organization. This training will address values, safety and liability. 6. Organizations are to be adequately prepared for dealing with participants that have special economic, physical or social needs. 7. Organizations 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 member of participant in its program. The organization shall comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Chapter 363.01, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. IL REQUIREMENTS OF ORGANIZATIONS THAT ARE AUTHORIZED TO RECEIVE PERMITS TO HOLD TOURNAMENTS ON MUNICIPAL PARK PROPERTY: 1. Organizations must be a "public service group" organized under Minnesota Statutes Chapter 317A as a Minnesota non-profit with its registered office located in Eden Prairie. The non-profit corporation must be organized as a member corporation, where the members are entitled to elect the Board of Directors. "Public service group" is defined as a group organized to provide a public service to the entire community, or all individuals in the community within the age group being served. III. REQUIREMENTS OF TEAMS NOT AFFILIATED WITH AN EDEN PRAIRIE TAX EXEMPT ORGANIZATION REQUESTING RESERVATION OF FIELD USAGE: 1. Team must be composed of a minimum of 50%Eden Prairie residents. 2. Field reservations will be limited to their home games only, or their team practices with a maximum of one time per week. Updated June 6,2005 2 3. Fees will be based on direct costs to the City. 4. Permit required. IV. REQUIREMENTS OF GROUPS FOR SINGLE USE REQUESTS: (i.e., Eden Prairie Cub Scout Groups, Eden Prairie Church Groups, Eden Prairie Neighborhood Groups,Eden Prairie Businesses) 1. Organizations must be based in Eden Prairie. 2. Fees will be based on direct costs to the City. 3. Permit required. 4. Single use means one event for one facility. V. PRIORITIES: Organizations that meet the above stated guidelines that are requesting special permits for single use or to offer ongoing programs on municipal property will be granted the opportunity based on the following use schedule, and within the adopted standards for number of uses per team. Priority I: City Programs (Examples: summer recreation programs, lesson programs, open swim, special events open to the entire community.) Priority II: School District 272 Programs (Examples: curriculum programs, interscholastic team practices, games, etc.) Priority III: Youth (18 and under) organizations that are Eden Prairie non-profit corporations that meet the following requirements: 1. The participating members of the organization must be comprised of 90% Eden Prairie residents. Eden Prairie residents are defined as individuals who live in Eden Prairie or who go to school in Eden Prairie. A non resident who does not attend Eden Prairie schools will pay a non resident fee to be established by the City Council, and to be paid to the City of Eden Prairie. 2. At the start of each season the corporation shall file with the Director of Parks and Recreation the roster of youth participants that the corporation files with its State association, if the corporation has a state affiliation. An updated roster shall be filed with the City at the same time an updated roster is filed with the state association. Those corporations that do not have a State association will provide a roster to the City by a mutually agreed date. The roster will be private information and will include the name and address of each youth participant. Updated June 6,2005 3 3. The residency requirement for swim teams and figuring skating clubs is a minimum of 70%(effective January 1, 2006)Eden Prairie residents. 4. The club, team or organization that meets Priority III status and is the only club, team or organization providing a particular sport, will be provided access to fields, rinks, or pools for as many hours as they require to provide a quality program, subject to the limitations of available facilities. The City of Eden Prairie Sports Facilities Committee will review requests from these organizations and attempt to provide a fair distribution of the facilities available. 5. If a club, team or organization provides a sport that is already offered, then the club, team or organization with highest number of Eden Prairie residents will have priority use of fields, rinks or pool hours for as many hours as they require, subject to the following limitations: If the club, team or organization with the second highest number of Eden Prairie residents, has at least 30% of the total number of Eden Prairie resident participants, the City will provide at least 30% of the field, pool, or rink hours to that organization, including 30% of the prime time hours as defined by the Park and Recreation Department. The exception to this is those sports where the number of Eden Prairie residents participating is less than 400, then the organization must have 40%of the total number of Eden Prairie residents. 6. The Sports Facilities Committee does recognize that travel teams require more field uses per participant than do in-house teams and will try to accommodate those needs, but not at the expense of destroying in-house programs. The Sports Facilities Committee also recognizes that all sports require a minimum number of hours of use per week, per participant to provide a quality program. This amount of time will vary from sport to sport and the goal of the Sports Facilities Committee and the City of Eden Prairie is to make the most efficient use of the facilities available which can best be achieved by limiting the number of associations, clubs or teams that provide a sport. Although the City will attempt to accommodate new sports to broaden the opportunities available to Eden Prairie residents, the City and Sports Facilities Committee will not encourage the development of competing athletic associations or clubs within the same sport. If the Sports Facilities Committee determines that accommodation of a new competing organization will destroy an existing organization, by not providing a sufficient number of facilities for either organization, the Sports Facilities Committee and the City of Eden Prairie have the option of denying access to facilities to a new organization. Updated June 6, 2005 4 7. The organization shall be open to all Eden Prairie residents of qualified age. 8. The organization shall have an open process for parents to discuss concerns or recommend changes to the organization. 9. Teams are playing during the designated"primary season." Primary season for sports using fields is defined under Standards for Use of Public Facilities within this policy and prime time will be defined by the Parks and Recreation Department for various facilities and seasons. 10. Priority III teams who request or that schedule a tournament, revenue-generating clinic, camp or other non-league facility use on weekdays or weekends will be charged a fee based on the Annual Fee Resolution that is determined by city staff and approve by the City Council. 11. All clinics, camps, try-outs, etc. must have at least 51% Eden Prairie resident participants. Priority IV: Eden Prairie non profit organizations who use the facilities to raise money for the benefit of the entire community.Applicable tournament fees apply. Priority V: Businesses and neighborhood groups located in Eden Prairie during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines will apply. Priority VI: Non profit youth teams or organizations that have 75%or more Eden Prairie residents during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines apply. Priority VII: Non profit adult teams or organizations that have 75% or more Eden Prairie residents during the designated primary season as defined by the Standards for Use of Public Facilities. Eden Prairie adult "residents" must either live or work in Eden Prairie.Applicable fees apply. Priority VIII: Private schools and churches located in Eden Prairie during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines will apply. Priority IX: All other Eden Prairie teams on a first come, first serve basis after higher priority teams have had an opportunity to schedule each season. All teams must be composed of at least 50% Eden Prairie residents and requests must be made by an Eden Prairie resident. Eden Prairie adult "residents" must either live or work in Eden Prairie. Applicable fees and guidelines will apply. Team rosters must be submitted to the City of Eden Prairie prior to a reservation being granted. City may verify this roster with any league or tournament in which the team plays. Updated June 6, 2005 5 VI. ADMINISTRATIVE PROCEDURES: 1. Fees will be subject to change each year depending on actual cost to provide the services requested. Associations will be notified of fee changes approximately six months in advance of any change. 2. The City will establish dates each year by which teams must commit requests for field reservation use in order to utilize their priority status. After that date fields or facilities will be reserved on a first come, first served basis. City will only authorize reservations with one field coordinator per organization. 3. If teams or organizations are at the same priority level, then the team or organization that serves the highest number of Eden Prairie residents will receive the higher priority status in terms of field, pool, rink and court reservations, subject to the following limitations: If the club, team or organization with the second highest number of Eden Prairie residents, has at least 30% of the total number of Eden Prairie resident participants, the City will provide at least 30% of the field, pool, or rink hours to that organization, including 30% of the prime time hours as defined by the Park and Recreation Department. The exception to this is swim teams and figure skating teams must have 49%of the total number of Eden Prairie residents 4. Only Eden Prairie non profit organizations may reserve facilities for tournaments, clinics, or other uses where a fee will be charged to teams, individuals, etc. 5. No more than one major tournament or special event will be scheduled at any one time unless a special events permit has been completed and approved by the Eden Prairie Police Department and the Director of Parks and Recreation 6. Any organization which fails to provide for and follow the guidelines set forth above, or provides false information on a permit application, is subject to revocation of its permit at the discretion of the Director of Parks and Recreation. 7. No organization is allowed to sublease City facilities without City approval. The City will not authorize subleasing for profit, or for programs that compete with City programs. 8. Any team or organization that fails to pay the appropriate fees or fails to provide the information required by this policy within the time frame specified may lose Priority status. The Sports Facilities Committee will recommend appropriate action to the Parks, Recreation and Natural Resources Commission, after the team or organization is given the opportunity to explain its' actions. Updated June 6, 2005 6 VH. STANDARDS: STANDARDS FOR USE OF PUBLIC FACILITIES Facilities Primary Season Travel Team Age or Grade In-house Team Age or Grade' (Dates) Maximum Uses Per Week Maximum Uses Per Week Baseball Fields& May 1 to July 30 12&over—4 per week 8&over—3 per week Softball Fields 11 &under—3 per week 7&under—2 per week Soccer Fields May 1 to July 30 under 12&over—3 per week under 12&over-2 per week under 10&under—3 per week under 10&under-2 per week Football Fields Aug 15 to Oct 30 7th grade&over—4 per week 6th grade&under—3 per week Lacrosse Fields May 1 to July 30 5th grade&over—3 per week 4th grade&under—2 per week Definitions Uses Per Week — defined as the number of times a team plays each week. If the team is practicing, it may require a field by itself. If the team is playing an out of town team, it will require a field by itself. If it is playing another Eden Prairie team, it will only require a"half use" for each team. Teams under 10 will generally only require a 1'/2 hour time period. Teams over 10 may require 2 hours or more to play a game. These standards represent the maximum uses per week that the City would allocate any club or association provided facilities were available to accommodate their request. GAParks and Recreation\Recreation\Brenda\PRNR Cor nnission\Sports Facilities Commlttee\POLICY-Priority Use of Public Facilities-as of 6-2-05.doc Updated June 6,2005 7 UNAPPROVED MINUTES PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,JUNE 6,2005 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Rob Barrett(arrived at 7:06 p.m.), Tom Bierman, John Brill, Tom Crain,Jeffrey Gerst, Randy Jacobus, Ian Mackay, Michael Moriarity and Geri Napuck(arrived at 7:06 p.m.) COMMISSION STAFF PRESENT: Bob Lambert, Director of Parks and Recreation Services; Stu Fox, Manager of Natural Resources; and Carol Pelzel, Recording Secretary I. CALL TO ORDER AND ROLL O L CALL The meeting was called to order by Vice Chair Gerst at 7:05 p.m. II. APPROVAL OF AGENDA Motion: Gerst moved, seconded by Moriarity,to approve the agenda as presented. The motion carried,9-0. III. APPROVAL OF MINUTES—May 2,2005 Bierman asked that the first sentence of the third paragraph on Page 3 be amended to include a date specific as to when the play structure was to be removed from use. By stating a specific date, it showed that staff and this Commission is safety conscious. The sentence was amended to read"........ immediate steps be taken to either remove the structure or block it off from use by Friday, May 6." Fox reported that the structure was removed on Thursday, May 5. Motion: Motion was made by Bierman, seconded by Mackay, to approve the minutes as corrected. The motion carried, 6-0-3 with Gerst, Brill and Crain abstaining because of absence from that meeting. IV. REPORT OF CITY COUNCIL ACTION—May 3 and May 17,2005 Lambert reported that the City Council concurred with the Parks Commission regarding the construction of outdoor ice rinks. They selected a preferred design but put the project on hold at this time for lack of funding. Lambert explained that Councilmember Aho recommended that a water quality study be done on Round Lake.After discussion with the Council,Aho recommended that they do further study of Round Lake. The Council did agree to have a limnologist that is not involved any lake PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 2 improvement products or designing other lake improvement systems, look at the lake one more time. The City does have money invested in the lake with studies, infrastructure and surrounding land and since the lake is such an important part of the park system, spending an additional $10,000 to be sure they have done everything possible is a good recommendation. Crain asked what the status of Round Lake is at this time. Lambert explained that it is closed for swimming but is open for fishing and boating. The lake does meet State guidelines for water clarity and quality for swimming at the beginning of the summer but during the later part of the summer it generally does not meet those guidelines. V. PETITIONS,REQUESTS AND COMMUNICATION A. MCA STUDY—JANET JEREMIAH Janet Jeremiah, Community Development Director, presented an overview of the Eden Prairie Major Center Area Study to the Commission.An important piece of this Study was citizen and policy maker participation including a Task Force. The intent of the Study is to develop a long-term vision for this area and to provide the City with an opportunity for future in-fill and redevelopment.Jeremiah explained that the Task Force did some early prioritization including the indicated importance of additional civic and community land uses. Jeremiah reviewed with the Commission the various possible land use types for this area. Jeremiah explained that the next step for this Study is a presentation to the City Council and Planning Commission after which the Planning Principles will be refined.An open house will be held to review the preferred alternative and this Commission will be invited to that open house. Ultimately a final report will be produced including recommendations from this Commission, the Planning Commission and City Council. Jeremiah said they expect to complete the process in September or October of this year. Lambert pointed out that Concept B does turn Prairie Center Drive into a ring road. This concept would include landscaping around the exterior ring road. Lambert said there has been some debate on which comes first; land uses that forces road systems or road systems that drive land uses. This Study assumes that the City will be acquiring the park owned by Rosemount Companies. This acquisition is a focal point for the downtown park and will drive land use types around that park. Lambert said this Study would also suggest the City enter into partnerships with property owners to develop a more walkable downtown area. They need to have a vision for this area. Lambert encouraged the Commission to express their opinions about walkable communities, acquiring properties and making trail connections. Barrett said it is difficult for them to express their opinions without having seen the various concepts in more detail. Jeremiah explained that the Commission should have received copies of the entire report including the various concepts discussed. She indicated that she would see that the Commission did receive this information as soon as possible. Mackay said he likes Concept A and that it includes a downtown transit center.He feels that the transit center creates a downtown that allows people to walk in that area for shopping, etc. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 3 Bierman said he feels this Study is an excellent initiative on behalf of the City. The Study indicates that in order to make it work, it has to have high density. However, on the other hand,they talk about green space and that people are in favor of open space. Bierman pointed out that the housing development east of the existing Eden Prairie Mall is high density and there does not appear to be any open space. Bierman said he thinks they need to think through whether or not they are fostering neighborhoods in 2050 or 2075 that will be the slums of the future. High density may be incompatible with harmonious living. Jeremiah said this is a good point and the idea for parks and open space is an important component of this area and they do need to create amenities. Jeremiah said these are the types of comments they are looking for. Napuck said staff indicated that a survey had been conducted and she asked if one concept plan was more consistent with the survey information received. Jeremiah responded that aside from the questions asked,the respondents were also given the opportunity to comment on the different concept plans. Concept A appeared to be the concept the people most preferred. Barrett asked if cost for these concepts has been discussed.Jeremiah answered that the Study will eventually include the implementation and fiscal impact of the proposal. This is something that will be discussed in the Study at a later time. Jeremiah explained that she would see that the Commission gets the complete Study including the survey taken and that the Commission will have another opportunity for input to the Study. B. PETITION FROM EDEN VALLEY PARK NEIGHBORHOOD FOR PARK IMPROVEMENTS Fox reported that at a neighborhood meeting regarding the Eden Valley Neighborhood Park playground replacement scheduled for this summer, neighbors expressed an interest in having a sand volleyball court and/or horseshoe pit installed at this park facility. Staff recommended that they submit a petition signed by adjacent neighbors requesting these facilities. In May such a petition with 70 names in favor of a sand volleyball court and 20 plus names in favor of the horseshoe court was submitted.Fox explained that Eden Valley Park is a neighborhood park and services an area within a one-half mile radius and is nine acres in size. Fox presented two options for placement of the volleyball court. Option A puts the court 30 feet from the westerly line while Option B places it 30 feet from the northern line. Either option would require that some trees would be relocated. Fox stated that Option B would require less grading of the site. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 4 Mackay asked if the new play area would be in the same location as the old play area. Fox responded that it would since they would be utilizing the pad that was there for the existing play area. Wendy Campbell, 6725 Sunburst Drive, submitted a petition with ten signatures in opposition to the proposed volleyball court. The petition is from neighbors whose property abuts this park. Campbell explained that typically these parks are built for younger children. Teenagers and young adults typically use volleyball courts. She said she feels this type of use could involve bringing alcohol into the park. Campbell said she does not feel that this is a good mix by having older teenagers next to the playground area. Young adults and teenagers can provide their own transportation to Round Lake Park,which has sand volleyball courts. Campbell said she is opposed to the addition of a sand volleyball court at Eden Valley Park. Andi Svendsen, 16546 S. Manor Road, said she has young kids and appreciates the City updating the playground. She said they are looking for something for adults to do while their kids are playing. Svendsen said there are nice teenagers in the area and there should be no problems with them. Beth Kryzer, 6616 W. 168t'Avenue, said she would also like to see a sand volleyball court placed in this park. It would give the adults in the neighborhood something to do while their kids are at the park. It would also give them an opportunity to meet the neighbors. Moriarity asked if the homeowners had any preference as to which option they went with. Svendsen said she would like to see as few trees as possible removed. Kryzer said she would prefer Option B because there used to be something at this location. In response to a question from Moriarity, Fox explained that this type of park is typically designed for ages two to ten. Lambert said he would not recommend using the fact that teenagers might use the park as a reason for denying recreational facilities in a park, whether teenagers or adults are using the volleyball court, it is a noisy game. This court would be 30 feet from someone's backyard. Lambert said he questions whether a sand volleyball court is a good idea. This is a small park and a lot of the area is not useable for active space because of the surrounding woods. Lambert said a sand volleyball court might cause some problems for the neighbors and there isn't enough parking for the existing facilities. Campbell pointed out that this park has a very small parking lot and people live very close to the proposed Option B.Noise would be an issue. Brill asked how many sand volleyball courts exist in the City. Fox said there are approximately ten courts. Napuck asked where the$8,000 to construct a volleyball court would come from. Lambert explained that funding would come from park dedication fees.Napuck asked what has been the precedent in the past when dealing with extra amenities requested by a neighborhood for a neighborhood park. Lambert said if they can accommodate them and it is not too costly, they usually add the extra amenities when requested if the majority of the neighborhood supports it. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 5 Bierman said he feels both sides have presented some interesting points. He suggested that the residents agree to police the park and that they require reservations to use the volleyball court. He also suggested that someone from the neighborhood be in charge of the reservations and that there be signage indicating that in order to use the court one person in attendance must be over 18 years of age.Lambert said it would not be legal to restrict someone from using the park based on age, and it would be impossible for the neighbors to control the use of the volleyball court. Lambert said he did not feel this was a feasible recommendation. Lambert suggested that when they put in the new playground they also put in a horseshoe court where Option B is located. They could see how that works and the kind of use it would get. In a year or so if the neighbors still want the City to consider a sand volleyball court they could come back to this Commission to request the court. The court could then be placed where Option A is located. Jacobus suggested that they consider sliding the playground 20 feet to the north and place the volleyball court to the south of it.Fox said they need to align with the trail leading out of the woods. Jacobus suggested that the playground be placed to the north of the path. Barrett said he does not believe that noise would be an issue and he has not seen sufficient evidence that a volleyball court at this location would be a problem. Moriarity said if they went with Option A they could place the trees to the left for screening. Fox said they would probably relocate the trees on the westerly boundary.Napuck asked what happens if problems do develop because of the volleyball court.Fox said the neighbors could come back to this Commission with problems that may arise. Motion: Motion was made by Barrett, seconded by Mackay,to authorize staff to redesign the play area of Eden Valley Park to be north of the current proposed location and to place a volleyball court south of that play area and a horseshoe court west of the play area and if that is not workable to leave the play area where it is currently proposed and to place a sand volleyball court where Option A is located and a horseshoe court where Option B is located. The motion carried,9-0. VI. OLD BUSINESS A. SPORTS FACILITIES COMMITTEE PROPOSED REVISIONS TO THE PRIORITY USE POLICY Lambert reported that staff is bringing forward a draft policy of the Guidelines for Priority Use of Public Facilities. Staff does support the recommended changes; however,there are a couple items they had an issue with. They are concerned with reducing the number of resident requirements from 95 percent to 90 percent. Staff does understand the rationale the Committee used to reach those numbers.Another item staff has concerns with is Item 5 under Priority III,which is the percentage of the total number of Eden Prairie resident participants. The Committee is recommending 49 percent of the total number of Eden Prairie residents for swim teams and figure skating teams while the other organizations have a 30 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 6 percent requirement. Lambert said staff have some concerns with the requirement being different. Staff feels that it should be consistent for all organizations.It is more difficult to justify a higher percentage requirement(49%) for the organizations that have a lower residency requirement(70%rather than 90%). Mark Davis, President of the Foxjets Swim Team, said they presented a lot of information to the Sports Facilities Committee regarding their membership including their financials. He said there is no room for a second swim club. If their percentage requirement were 30 percent,their program could be destroyed.They cannot afford to lose any pool time. He asked that this policy be approved as presented and forwarded to the City Council or if they wish to change the Policy they return it to the Sports Facility Commission so that they may have input on the changes. Gerst asked how the 49 percent requirement was arrived at.Davis said it was pretty much an arbitrary number. If any other swimming program in this community equals the Foxjets in Eden Prairie members, then they should get half of the pool time. Jacobus said he feels Eden Prairie residents should have a choice and be able to join another swim team in Eden Prairie.Davis said they have choices and the fundamentals of swimming direct those choices. There are 20 programs within 10 miles of the City.Jacobus asked what happens to those kids that are Eden Prairie residents that can't use City facilities while non- residents are using them. Lambert said he wants a policy that he can defend to any Eden Prairie resident. Staff is concerned about reducing the residency requirements and the 49 percent requirement for the swim and skating teams. Moriarity said he thinks Davis has made some good points.There are two soccer associations that make the use of the fields less efficient and there are a lot of similarities with the swim teams. Moriarity said he feels they can offer competitive, recreational plus or recreational swimming under one organization. Lambert said efficiency of use is one problem. However, the biggest part of this is that they have a limited number of facilities and in order to accommodate residents; it requires efficient use of those facilities. This would be accomplished by having one organization scheduling. If they had unlimited facilities they would not be having this discussion. Lambert said they can't make the most efficient use of those facilities by accommodating several organizations vying for the same use at the same time. Napuck asked what the criteria is for requiring one sport to have 30 percent while skating and swimming are required to have 49 percent of Eden Prairie residents.Mackay said the reason for separating swimming and skating is that there are facilities that are tight and there are some that are restricted. They do need to make a distinction between those facilities and he suggested that they look at making two tiers based on the amount of space available and on the number of participants. Bierman said they need to consider what is right and fair for the participants. He tried to challenge the two swim organizations to work the pool time out but that was not successful. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 7 He also struggled with the concept of trying to let another program come in and destroy an existing program that has been around for a long time.Bierman said if rules are established the organizations will have to work within those rules. The swimming group and skating group did agree to an increase in the Eden Prairie residency requirement from 60 percent to 70 percent. They also felt that if they could not generate an organization with 49 percent of the total number of residents then the facilities should be shared with another group.Bierman explained that there is nothing magic about these numbers. The Committee agreed that these numbers would be fair. He indicated that the problem is that they are trying to fit nine different organizations into one policy. Following lengthy discussion, Brill suggested that they consider changing the wording of the policy indicating that the organization with most Eden Prairie residents would receive all of the prime time hours. Motion: Motion was made by Brill to revise the wording of the last sentence of Priority V, No. 5 of the Policy to read: "The exception to this is swim teams and figure skating teams with the most Eden Prairie residents receiving all of the prime time hours." The motion failed for lack of a second. Napuck said she feels the 49 percent number seems high to her. She suggested that they use 35 percent across the board. Gerst said he feels they have to make sure they are drawing a certain percentage of Eden Prairie residents whether it is 30 percent or 40 percent.He also feels they should be able to offer the residents choices.Napuck said she understands the overall participants in the swim team or skating is a smaller number compared to other organizations. She said she would feel more comfortable approving this if the language in the Policy talked about organizations that have a certain number of participants or fewer than a certain percentage would apply and an organization with a certain number of participants or greater would require a different percentage of participants. There would be different percentages recognizing the number of participants. Motion: Motion was made by Moriarity, seconded by Napuck,to amend the Priority Use of Public Facilities Policy on Page 4, Priority V,No. 5,the last sentence,to read: "The exception to this is in those sports where the number of Eden Prairie resident participants is less than 400,then the organization must have 40 percent of the total number of Eden Prairie residents". Jacobus said he feels it should be less than 40 percent. He feels it should be more like 25 percent. This would give another organization an opportunity to execute something in the City and this would be the best situation for Eden Prairie kids. Bierman said they need to establish a policy that is high enough so that other organizations cannot arbitrarily start another organization in the City. Vote was called on the motion with all members present voting aye except Jacobus who voted nay. The motion carried,7-1 (Gerst was out of the room). r PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 8 Moriarity said he has some concerns with only requiring 30 percent of Eden Prairie resident participants for teams and organizations. He said they are considering a referendum and it now appears that there will be more non-Eden Prairie residents using the City's facilities. Mackay explained the reason for the 30 percent requirement is because some organizations participate regionally and some on a community basis. For those that participate regionally, it occasionally becomes necessary to have participants from other locations in order to keep the organization competitive. Barrett questioned why they reduced the requirement for Priority III organizations that participating members must be comprised of 90 percent Eden Prairie residents rather than the original 95 percent. Lambert explained that the reason for going down to 90 percent was because there are certain organizations that are right at the requirement. If teams are being competitive, it is difficult to get to the 90 percent. Lambert said staff would prefer to stay at the 95 percent and deal with each situation as it comes up. They would rather grant an exception to an organization than lower the bar. Moriarity said he does not see this as a big deal whether they are at 90 percent or 95 percent. Jacobus said it was his understanding that the reason for lowering it to 90 percent was to make competitive teams more competitive. Under Priority III,No. 3, Barrett said it was his understanding that they would increase the 70 percent residency requirement 5 percent each year. Lambert said staff is recommending that they leave it at 70 percent at this point.He recommended that they leave the policy for participating members of the organization being comprised of 90 percent Eden Prairie residents and the residency requirement for swim teams and figure skating clubs a minimum of 70 percent. Eventually these should be the same and this issue will eventually be brought back to the Sports Facility Committee for discussion because there are concerns with these requirements. Moriarity pointed out that IV. 4, should read"Single use means one event for one facility" rather than one game for one facility. Motion: Motion was made by Brill, seconded by Mackay, to recommend to the City Council approval of the amended revisions to the Priority Use Policy as submitted by the Parks Recreation and Natural Resources Commission. All members voted aye except Jacobus who voted nay. The motion carried,8-1. B. ANNUAL REPORT The Commission had no questions on the annual report included in the Commission's agenda material. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION June 6, 2005 Page 9 VII. NEW BUSINESS A. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EDEN PRAIRIE AND FRIENDSHIP VENTURES Lambert explained that the City leases the camp to Friendship Ventures for the purpose of providing recreation opportunities to people with developmental disabilities. The City and Friendship Ventures provide programs and services to the same constituencies and promote the maximum use of their respective facility by the community. Motion: Motion was made by Gerst, seconded by Napuck,to approve the proposal for a Memorandum of Understanding between the City of Eden Prairie and Friendship Ventures. The motion carried,9-0. VIII. REPORTS OF STAFF A. DIRECTOR OF PARKS AND RECREATIONS SERVICES 1. Update on Trails Planning Team Efforts Lambert presented a brief update on the activities of the Trail Planning Team. 2. Update on Neighborhood Meetings Relating to Referendum Lambert encouraged the Commission members to attend some of the scheduled neighborhood meetings relating to the referendum. He asked that Commission members attend the June 22 town meeting to discuss the referendum. Lambert suggested that both this Commission and City Council be more proactive and that the presentations not be conducted by City staff but by Commission members. B. MANAGER OF RECREATION SERVICES 1. Senior Survey Lambert explained that a survey had been sent out to over 1,200 seniors and a meeting with the seniors has been scheduled for June 13 to review the results of that survey. C. MANAGER OF PARKS AND NATURAL RESOURCES VII. ADJOURNMENT Motion: Bierman moved, Mackayeconded to adjourn the meeting. The motion carried 8-0 Y , J g (Napuck left the meeting at 11:15 p.m.). The meeting was adjourned at 11:20 p.m.